HomeMy Public PortalAbout10-8037 CBHC for the Construction of Sherbondy VIllage Sponsored by: City Manager
RESOLUTION NO. 10-8037
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH CBHC, LLC FOR THE
CONSTRUCTION OF SHERBONDY VILLAGE -
COMMUNITY CENTER; PROVIDING FOR
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka, Florida, by
Resolution No. 10-8026, selected CBHC, LLC, as the first choice to undertake
the Sherbondy Village— Community Center; and
WHEREAS, the City Commission of the City of Opa-locka directed and
authorized the City Manager to negotiate a contract with CBHC, LLC for
construction of Sherbondy Village — Community Center; and
WHEREAS, negotiations have been conducted with CBHC, LLC, to
agree on the terms of a final contract; and
WHEREAS, the financial obligation of the contract is Three Million Seven
Hundred Sixty Thousand Dollars ($3,760,000.00) for which price the contractor
will deliver a LEED Silver Certified Building.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by
reference.
Section 2. The City Commission of the City of Opa-locka, Florida,
directs and authorizes the City Manager to enter into a contract with CBHC, LLC,
Resolution No. 10-8037
for the construction of Sherbondy Village - Community Center, in a form
acceptable to the City Attorney, to provide a LEED Silver Certified Building on the
terms set forth above.
Section 3,. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 24th day of March, 2010.
■SEPH L. r - Y
MAYOR
Approved as to form and legal su iciency:
■
Attest toll
Deborah S. Jo.epi S. Geller
City Clerk Interi City Attorney
r
Moved by: JOHNSON
Seconded by: HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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Memorandum
TO: Mayor Joseph Kelley
Vice-Mayor Myra L. Taylor
Commissioner Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
d -
FROM: ce `at e I n, City Manager
DATE: March 17,2010
RE: CONTRACT FOR SHERBONDY VILLAGE—COMMUNITY CENTER
Request: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA
LOCKA,FL AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH CBHC,LLC FOR THE CONSTRUCTION OF
SHERBONDY VILLAGE—COMMUNITY CENTER.
Description: Approval of contract between the City of Opa Locka and CBHC, LLC for the
construction of Sherbondy Village—Community Center.
Financial Impact: Three Million Four Hundred Twenty-Five Thousand Dollars($3,425,000.00)
Implementation Timeline: Effective upon approval and execution of Contract.
Legislative History: CBHC was selected by the Commission for this project at a meeting held on March
1, 2010. City Resolution No. 10-8026.
Recommendation(s): Staff recommends approval.
Analysis: The building of this facility in the City will be a much needed addition to the City and will
welcome all residents.
Attachments: Copy of Contract between the City of Opa Locka and CBHC, LLC
PREPARED BY: Ezekiel Orji,PhD,CPA
COPY
STANDARD AGREEMENT BETWEEN
THE CITY OF OPA LOCKA AND CBHC, LLC
TABLE OF ARTICLES
1. AGREEMENT
2. GENERAL PROVISIONS
3. CONTRACTOR'S RESPONSIBILITIES
4. CITY OF OPA LOCKA'S RESPONSIBILITIES
5. SUBCONTRACTS
6. CONTRACT TIME
7. CONTRACT PRICE
8. CHANGES
9. PAYMENT
10. INDEMNITY,INSURANCE,WAIVERS AND BONDS
11. SUSPENSION,NOTICE TO CURE AND TERMINATION OF THE AGREEMENT
12. DISPUTE RESOLUTION
13. MISCELLANEOUS PROVISIONS
14. CONTRACT DOCUMENTS
This Agreement has important legal and insurance consequences.Consultations with an attorney and with
insurance and surety consultants are encouraged with respect to its completion or modification. Notes
indicate where information is to be inserted to complete this Agreement.
ARTICLE 1
AGREEMENT
This Agreement is made this day of in the
year
by and between
The City of Opa Locka(a.k.a"City")
780 Fisherman Street 4th Floor
Opa Locka, Fl 33054
and
CBHC, LLC. (a.k.a. CBHC)
2251 Blount Road
Pompano Beach, Fl 33069
for services in connection with the following
PROJECT-Community Center-Sherbondy Village
Notice to the Parties shall be given at the above addresses.
ARTICLE 2
GENERAL PROVISIONS
2.1 RELATIONSHIP OF PARTIES The City of Opa Locka and CBHC agree to proceed with the Project
on the basis of mutual trust,good faith and fair dealing.
2.1.1 CBHC shall furnish construction administration and management services and use CBHC's
diligent efforts to perform the Work in an expeditious manner consistent with the Contract
Documents.The City and CBHC shall endeavor to promote harmony and cooperation among all
Project participants.
2.1.2 CBHC represents that it is an independent contractor and that in its performance of the Work
it shall act as an independent contractor.
2.1.3 Neither CBHC nor any of its agents or employees shall act on behalf of or in the name of City
except as provided in this Agreement or unless authorized in writing by City's Representative.
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2.1.4 The City and CBHC shall perform their obligations with integrity, ensuring at a minimum that
2.1.4.1 Conflicts of interest shall be avoided or disclosed promptly to the other Party;and
2.1.4.2 CBHC and the City warrant that they have not and shall not pay nor receive any
contingent fees or gratuities to or from the other Party,including its agents,officers and
employees, Subcontractors or others for whom they may be liable,to secure preferential
treatment.
2.2 EXTENT OF AGREEMENT This Agreement is solely for the benefit of the Parties, represents the
entire and integrated agreement between the Parties,and supersedes all prior negotiations,
representations or agreements,either written or oral.This Agreement and each and every provision is for
the exclusive benefit of the City and CBHC and not for the benefit of any third party except to the extent
expressly provided in this Agreement.
2.3 ARCHITECT/ENGINEER The City,through its Architect/Engineer,shall provide all architectural and
engineering design services necessary for the completion of the Work,except the following: N/A. CBHC
shall not be required to provide professional services which constitute the practice of architecture or
engineering except as otherwise provided in Paragraph 3.15.
2.3.1 The City shall obtain from the Architect/Engineer either a license for CBHC and
Subcontractors to use the design documents prepared by the Architect/Engineer or ownership of the
copyrights for such design documents, and shall indemnify and hold harmless CBHC against any
suits or claims of infringement of any copyrights or licenses arising out of the use of the design
documents for the project.
2.4 DEFINITIONS
2.4.1 Agreement means this ConsensusDOCS 200 Standard Agreement and General Conditions
Between City and CBHC(Where the Contract Price is a Lump Sum),as modified by the Parties, and
exhibits and attachments made part of this Agreement upon its execution.
2.4.2 Architect/Engineer means the licensed Architect,Architect/Engineer or Engineer and its
consultants,retained by City to perform design services for the Project.The City's
Architect/Engineer for the Project is General Design Professionals, Inc.Architects&Engineers.
2.4.3 A Change Order is a written order signed by the City and CBHC after execution of this
Agreement, indicating changes in the scope of the Work,the Contract Price or Contract Time,
including substitutions proposed by CBHC and accepted by the City.
2.4.4 The Contract Documents consist of this Agreement,the drawings,specifications, addenda
issued prior to execution of this Agreement,approved submittals,information furnished by the City
under Paragraph 4.3,other documents listed in this Agreement and any modifications issued after
execution.
2.4.5 The Contract Price is the amount indicated in Paragraph 7.1 of this Agreement.
2.4.6 The Contract Time is the period between the Date of Commencement and Final Completion.
See Article 6.
2.4.7 CBHC is the person or entity identified in Article 1 and includes CBHC's Representative.
2.4.8 The term Day shall mean calendar day unless otherwise specifically defined.
2.4.9 Final Completion occurs on the date when CBHC's obligations under this Agreement are
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complete and accepted by the City and final payment becomes due and payable,as established in
Article 6. This date shall be confirmed by a Certificate of Final Completion signed by the City and
CBHC.
2.4.10 A Material Supplier is a person or entity retained by CBHC to provide material or equipment
for the Work.
2.4.11 Others means other contractors, material suppliers and persons at the Worksite who are not
employed by CBHC or Subcontractors.
2.4.12 The term Overhead shall mean 1)payroll costs and other compensation of CBHC employees
in CBHC's principal and branch offices;2)general and administrative expenses of CBHC's principal
and branch offices including deductibles paid on any insurance policy,charges against CBHC for
delinquent payments,and costs related to the correction of defective work; and 3)CBHC's capital
expenses, including interest on capital used for the Work.
2.4.13 City is the person or entity identified in Article 1, and includes the City's Representative.
2.4.14 The Project, as identified in Article 1, is the building,facility or other improvements for which
CBHC is to perform Work under this Agreement. It may also include construction by the City or
Others.
2.4.15 The Schedule of the Work is the document prepared by CBHC that specifies the dates on
which CBHC plans to begin and complete various parts of the Work,including dates on which
information and approvals are required from the City.
2.4.16 A Subcontractor is a person or entity retained by CBHC as an independent contractor to
provide the labor, materials,equipment or services necessary to complete a specific portion of the
Work.The term Subcontractor does not include the Architect/Engineer or Others.
2.4.17 Substantial Completion of the Work,or of a designated portion,occurs on the date when the
Work is sufficiently complete in accordance with the Contract Documents so that the City may
occupy or utilize the Project,or a designated portion,for the use for which it is intended,without
unscheduled disruption.The issuance of a certificate of occupancy is not a prerequisite for
Substantial Completion if the certificate of occupancy cannot be obtained due to factors beyond
CBHC's control.This date shall be confirmed by a Certificate of Substantial Completion signed by
the City and CBHC.
2.4.18 A Sub-subcontractor is a person or entity who has an agreement with a Subcontractor to
perform any portion of the Subcontractor's Work.
2.4.19 Terrorism means a violent act, or an act that is dangerous to human life,property or
infrastructure,that is committed by an individual or individuals and that appears to be part of an
effort to coerce a civilian population or to influence the policy or affect the conduct of any
government by coercion.Terrorism includes,but is not limited to,any act certified by the United
States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act,as amended.
2.4.20 Work means the construction and services necessary or incidental to fulfill CBHC's
obligations for the Project in conformance with this Agreement and the other Contract Documents.
The Work may refer to the whole Project or only a part of the Project if work is also being performed
by the City or Others.
2.4.20.1 Changed Work means work that is different from the original scope of Work;or work
that changes the Contract Price or Contract Time.
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2.4.20.2 Defective Work is any portion of the Work that is not in conformance with the
Contract Documents,as more fully described in Paragraphs 3.5 and 3.8.
2.4.21 Worksite means the geographical area at the location of the Project as identified in Article 1
where the Work is to be performed.
ARTICLE 3
CONTRACTOR'S RESPONSIBILITIES
3.1 GENERAL RESPONSIBILITIES
3.1.1 CBHC shall provide all labor, materials,equipment and services necessary to complete the
Work,all of which shall be provided in full accord with and reasonably inferable from the Contract
Documents as being necessary to produce the indicated results.
3.1.2 CBHC shall be responsible for the supervision and coordination of the Work,including the
construction means,methods,techniques,sequences and procedures utilized, unless the Contract
Documents give other specific instructions. In such case, CBHC shall not be liable to the City for
damages resulting from compliance with such instructions unless CBHC recognized and failed to
timely report to the City any error, inconsistency,omission or unsafe practice that it discovered in
the specified construction means,methods,techniques,sequences or procedures.
3.1.3 CBHC shall perform Work only within locations allowed by the Contract Documents,
applicable permits and applicable local law.
3.2 COOPERATION WITH WORK OF OWNER AND OTHERS
3.2.1 The City may perform work at the Worksite directly or by Others.Any agreements with Others
to perform construction or operations related to the Project shall include provisions pertaining to
insurance, indemnification,waiver of subrogation,coordination,interference,cleanup and safety
which are substantively the same as the corresponding provisions of this Agreement.
3.2.2 In the event that the City elects to perform work at the Worksite directly or by Others,CBHC
and the City shall coordinate the activities of all forces at the Worksite and agree upon fair and
reasonable schedules and operational procedures for Worksite activities.The City shall require each
separate contractor to cooperate with CBHC and assist with the coordination of activities and the
review of construction schedules and operations.The Contract Price and Contract Time shall be
equitably adjusted,as mutually agreed by the Parties,for changes made necessary by the
coordination of construction activities,and the Schedule of the Work shall be revised accordingly.
CBHC, City and Others shall adhere to the revised construction schedule until it may subsequently
be revised.
3.2.3 With regard to the work of the City and Others,CBHC shall(a)proceed with the Work in a
manner which does not hinder,delay or interfere with the work of the City or Others or cause the
work of the City or Others to become defective,(b)afford the City or Others reasonable access for
introduction and storage of their materials and equipment and performance of their activities,and(c)
coordinate CBHC's construction and operations with theirs as required by this Paragraph 3.2.
3.2.4 Before proceeding with any portion of the Work affected by the construction or operations of
the City or Others,CBHC shall give the City prompt written notification of any defects CBHC
discovers in their work which will prevent the proper execution of the Work.CBHC's obligations in
this Paragraph do not create a responsibility for the work of the City or Others,but are for the
purpose of facilitating the Work.If CBHC does not notify the City of patent defects interfering with
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the performance of the Work,CBHC acknowledges that the work of the City or Others is not
defective and is acceptable for the proper execution of the Work.Following receipt of written notice
from CBHC of defects,the City shall promptly inform CBHC what action, if any,CBHC shall take
with regard to the defects.
3.3 RESPONSIBILITY FOR PERFORMANCE
3.3.1 In order to facilitate its responsibilities for completion of the Work in accordance with and as
reasonably inferable from the Contract Documents, prior to commencing the Work CBHC shall
examine and compare the drawings and specifications with information furnished by the City
pursuant to Paragraph 4.3,relevant field measurements made by CBHC and any visible conditions
at the Worksite affecting the Work.
3.3.2 If in the course of the performance of the obligations in Subparagraph 3.3.1 CBHC discovers
any errors,omissions or inconsistencies in the Contract Documents,CBHC shall promptly report
them to the City. It is recognized,however,that CBHC is not acting in the capacity of a licensed
design professional,and that CBHC's examination is to facilitate construction and does not create an
affirmative responsibility to detect errors,omissions or inconsistencies or to ascertain compliance
with applicable laws,building codes or regulations. Following receipt of written notice from CBHC of
defects,the City shall promptly inform CBHC what action,if any,CBHC shall take with regard to the
defects.
3.3.3 CBHC shall have no liability for errors,omissions or inconsistencies discovered under
Subparagraphs 3.3.1 and 3.3.2 unless CBHC knowingly fails to report a recognized problem to the
City.
3.3.4 CBHC may be entitled to additional costs or time because of clarifications or instructions
arising out of CBHC's reports described in the three preceding Subparagraphs.
3.4 CONSTRUCTION PERSONNEL AND SUPERVISION
3.4.1 CBHC shall provide competent supervision for the performance of the Work.Before
commencing the Work,CBHC shall notify City in writing of the name and qualifications of its
proposed superintendent(s)and project manager so City may review the individual's qualifications.
If,for reasonable cause,the City refuses to approve the individual,or withdraws its approval after
once giving it,CBHC shall name a different superintendent or project manager for City's review.Any
disapproved superintendent shall not perform in that capacity thereafter at the Worksite.
3.4.2 CBHC shall be responsible to the City for acts or omissions of parties or entities performing
portions of the Work for or on behalf of CBHC or any of its Subcontractors.
3.4.3 CBHC shall permit only qualified persons to perform the Work.CBHC shall enforce safety
procedures,strict discipline and good order among persons performing the Work. If the City
determines that a particular person does not follow safety procedures,or is unfit or unskilled for the
assigned work, CBHC shall immediately reassign the person upon receipt of the City's written notice
to do so.
3.4.4 CONTRACTOR'S REPRESENTATIVE CBHC's authorized representative is Michael C. Taylor
and Henry Crespo, Sr.. CBHC's Representative shall possess full authority to receive instructions
from the City and to act on those instructions.CBHC shall notify the City in writing of a change in
the designation of CBHC's Representative.
3.5 WORKMANSHIP The Work shall be executed in accordance with the Contract Documents in a
workmanlike manner.All materials used in the Work shall be furnished in sufficient quantities to facilitate
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the proper and expeditious execution of the Work and shall be new except such materials as may be
expressly provided in the Contract Documents to be otherwise.
3.6 MATERIALS FURNISHED BY THE OWNER OR OTHERS In the event the Work includes installation I
of materials or equipment furnished by the City or Others,it shall be the responsibility of CBHC to
examine the items so provided and thereupon handle,store and install the items,unless otherwise
provided in the Contract Documents,with such skill and care as to provide a satisfactory and proper
installation.Loss or damage due to acts or omissions of CBHC shall be the responsibility of CBHC and
may be deducted from any amounts due or to become due CBHC.Any defects discovered in such
materials or equipment shall be reported at once to the City.Following receipt of written notice from CBHC
of defects,the City shall promptly inform CBHC what action,if any, CBHC shall take with regard to the
defects.
3.7 TESTS AND INSPECTIONS
3.7.1 CBHC shall schedule all required tests,approvals and inspections of the Work or portions
thereof at appropriate times so as not to delay the progress of the Work or other work related to the
Project. CBHC shall give proper notice to all required parties of such tests,approvals and
inspections. If feasible,the City and Others may timely observe the tests at the normal place of
testing. Except as provided in Subparagraph 3.7.3,the City shall bear all expenses associated with
tests,inspections and approvals required by the Contract Documents,which,unless otherwise
agreed to,shall be conducted by an independent testing laboratory or entity retained by the City.
Unless otherwise required by the Contract Documents, required certificates of testing, approval or
inspection shall be secured by CBHC and promptly delivered to the City.
3.7.2 If the City or appropriate authorities determine that tests, inspections or approvals in addition
to those required by the Contract Documents will be necessary,CBHC shall arrange for the
procedures and give timely notice to the City and Others who may observe the procedures.Costs of
the additional tests,inspections or approvals are at the City's expense except as provided in
Subparagraph 3.7.3.
3.7.3 If the procedures described in Subparagraphs 3.7.1 and 3.7.2 indicate that portions of the
Work fail to comply with the Contract Documents,CBHC shall be responsible for costs of correction
and retesting.
3.8 WARRANTY
3.8.1 CBHC warrants that all materials and equipment shall be new unless otherwise specified,of
good quality, in conformance with the Contract Documents, and free from defective workmanship
and materials.At the City's request, CBHC shall furnish satisfactory evidence of the quality and
type of materials and equipment furnished. CBHC further warrants that the Work shall be free from
material defects not intrinsic in the design or materials required in the Contract Documents.CBHC's
warranty does not include remedies for defects or damages caused by normal wear and tear during
normal usage, use for a purpose for which the Project was not intended, improper or insufficient
maintenance, modifications performed by the City or Others,or abuse. CBHC's warranty pursuant to
this Paragraph 3.8 shall commence on the Date of Substantial Completion.
3.8.2 CBHC shall obtain from its Subcontractors and Material Suppliers any special or extended
warranties required by the Contract Documents.All such warranties shall be listed in an attached
Exhibit to this Agreement. CBHC's liability for such warranties shall be limited to the one-year
correction period referred to in Paragraph 3.9.After that period CBHC shall assign them to the City
and provide reasonable assistance to the City in enforcing the obligations of Subcontractors or
Material Suppliers.
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3.9 CORRECTION OF WORK WITHIN ONE YEAR
3.9.1 If, prior to Substantial Completion and within one year after the date of Substantial Completion
of the Work,any Defective Work Is found,the City shall promptly notify CBHC in writing. Unless the
City provides written acceptance of the condition,CBHC shall promptly correct the Defective Work
at its own cost and time and bear the expense of additional services required for correction of any
Defective Work for which it is responsible. If within the one-year correction period the City discovers
and does not promptly notify CBHC or give CBHC an opportunity to test or correct Defective Work as
reasonably requested by CBHC,the City waives CBHC's obligation to correct that Defective Work as
well as the City's right to claim a breach of the warranty with respect to that Defective Work.
3.9.2 With respect to any portion of Work first performed after Substantial Completion,the one-year
correction period shall be extended by the period of time between Substantial Completion and the
actual performance of the later Work.Correction periods shall not be extended by corrective work
performed by CBHC.
3.9.3 If CBHC fails to correct Defective Work within a reasonable time after receipt of written notice
from the City prior to final payment,the City may correct it in accordance with the City's right to
carry out the Work in Paragraph 11.2. In such case,an appropriate Change Order shall be issued
deducting the cost of correcting such deficiencies from payments then or thereafter due CBHC. If
payments then or thereafter due CBHC are not sufficient to cover such amounts, CBHC shall pay the
difference to the City.
3.9.4 If after the one-year correction period but before the applicable limitation period the City
discovers any Defective Work,the City shall, unless the Defective Work requires emergency
correction,promptly notify CBHC. If CBHC elects to correct the Work,it shall provide written notice
of such intent within fourteen(14) Days of its receipt of notice from the City.CBHC shall complete
the correction of Work within a mutually agreed timeframe.If CBHC does not elect to correct the
Work,the City may have the Work corrected by itself or Others and charge CBHC for the
reasonable cost of the correction.City shall provide CBHC with an accounting of correction costs it
incurs.
3.9.5 If CBHC's correction or removal of Defective Work causes damage to or destroys other
completed or partially completed Work or existing buildings,CBHC shall be responsible for the cost
of correcting the destroyed or damaged property.
3.9.6 The one-year period for correction of Defective Work does not constitute a limitation period
with respect to the enforcement of CBHC's other obligations under the Contract Documents.
3.9.7 Prior to final payment,at the City's option and with CBHC's agreement,the City may elect to
accept Defective Work rather than require its removal and correction.In such case the Contract
Price shall be equitably adjusted for any diminution in the value of the Project caused by such
Defective Work.
3.10 CORRECTION OF COVERED WORK
3.10.1 On request of the City,Work that has been covered without a requirement that it be
inspected prior to being covered may be uncovered for the City's inspection.The City shall pay for
the costs of uncovering and replacement if the Work proves to be in conformance with the Contract
Documents, or if the defective condition was caused by the City or Others. If the uncovered Work
proves to be defective,CBHC shall pay the costs of uncovering and replacement.
3.10.2 If contrary to specific requirements in the Contract Documents or contrary to a specific
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request from the City,a portion of the Work is covered,the City,by written request, may require
CBHC to uncover the Work for the City's observation.In this circumstance the Work shall be
replaced at CBHC's expense and with no adjustment to the Contract Time.
3.11 SAFETY OF PERSONS AND PROPERTY
3.11.1 SAFETY PRECAUTIONS AND PROGRAMS CBHC shall have overall responsibility for
safety precautions and programs in the performance of the Work.While this Paragraph 3.11
establishes the responsibility for safety between the City and CBHC, it does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of their
work, nor for compliance with the provisions of applicable laws and regulations.
3.11.2 CBHC shall seek to avoid injury, loss or damage to persons or property by taking reasonable
steps to protect:
3.11.2.1 its employees and other persons at the Worksite;
3.11.2.2 materials and equipment stored at onsite or offsite locations for use in the Work;and
3.11.2.3 property located at the site and adjacent to Work areas,whether or not the property
is part of the Work.
3.11.3 CONTRACTOR'S SAFETY REPRESENTATIVE CBHC's Worksite Safety Representative is
John Cline,who shall act as CBHC's authorized safety representative with a duty to prevent
accidents in accordance with Subparagraph 3.11.2. If no individual is identified in this Paragraph
3.11, the authorized safety representative shall be CBHC's Representative. CBHC shall report
immediately in writing to the City all recordable accidents and injuries occurring at the Worksite.
When CBHC is required to file an accident report with a public authority,CBHC shall furnish a copy
of the report to the City.
3.11.4 CBHC shall provide the City with copies of all notices required of CBHC by law or regulation.
CBHC's safety program shall comply with the requirements of governmental and quasi-governmental
authorities having jurisdiction.
3.11.5 Damage or loss not insured under property insurance which may arise from the Work,to the
extent caused by the negligent acts or omissions of CBHC,or anyone for whose acts CBHC may be
liable,shall be promptly remedied by CBHC.
3.11.6 If the City deems any part of the Work or Worksite unsafe,the City,without assuming
responsibility for CBHC's safety program,may require CBHC to stop performance of the Work or
take corrective measures satisfactory to the City,or both. If CBHC does not adopt corrective
measures,the City may perform them and deduct their cost from the Contract Price. CBHC agrees
to make no claim for damages,for an increase in the Contract Price or for a change in the Contract
Time based on CBHC's compliance with the City's reasonable request.
3.12 EMERGENCIES
3.12.1 In an emergency,CBHC shall act in a reasonable manner to prevent personal injury or
property damage.Any change in the Contract Time resulting from the actions of CBHC in an
emergency situation shall be determined as provided in Article 8.
3.13 HAZARDOUS MATERIALS
3.13.1 A Hazardous Material is any substance or material identified now or in the future as
hazardous under any federal,state or local law or regulation,or any other substance or material that
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may be considered hazardous or otherwise subject to statutory or regulatory requirement governing
handling,disposal or cleanup.CBHC shall not be obligated to commence or continue work until any
Hazardous Material discovered at the Worksite has been removed,rendered or determined to be
harmless by the City as certified by an independent testing laboratory and approved by the
appropriate government agency.
3.13.2 If after the commencement of the Work Hazardous Material is discovered at the Worksite,
CBHC shall be entitled to immediately stop Work in the affected area.CBHC shall report the
condition to the City,the Architect/Engineer,and, if required,the government agency with
jurisdiction.
3.13.3 CBHC shall not be required to perform any Work relating to or in the area of Hazardous
Material without written mutual agreement.
3.13.4 The City shall be responsible for retaining an independent testing laboratory to determine the
nature of the material encountered and whether the material requires corrective measures or
remedial action. Such measures shall be the sole responsibility of the City,and shall be performed
in a manner minimizing any adverse effects upon the Work. CBHC shall resume Work in the area
affected by any Hazardous Material only upon written agreement between the Parties after the
Hazardous Material has been removed or rendered harmless and only after approval,if necessary,of
the governmental agency with jurisdiction.
3.13.5 If CBHC incurs additional costs or is delayed due to the presence or remediation of
Hazardous Material,CBHC shall be entitled to an equitable adjustment in the Contract Price or the
Contract Time.
3.13.6 To the extent not caused by the negligent acts or omissions of CBHC,its Subcontractors
and Sub-subcontractors,and the agents,officers,directors and employees of each of them,the City
shall defend,indemnify and hold harmless CBHC, its Subcontractors and Sub-subcontractors,and
the agents,officers,directors and employees of each of them,from and against all claims,
damages, losses,costs and expenses, including but not limited to reasonable attorneys'fees,costs
and expenses incurred in connection with any dispute resolution process,to the extent permitted
pursuant to Paragraph 6.6,arising out of or relating to the performance of the Work in any area
affected by Hazardous Material.
3.13.7 MATERIALS BROUGHT TO THE WORKSITE
3.13.7.1 Material Safety Data(MSD)sheets as required by law and pertaining to materials or
substances used or consumed in the performance of the Work,whether obtained by CBHC,
Subcontractors,the City or Others,shall be maintained at the Worksite by CBHC and made
available to the City,Subcontractors and Others.
3.13.7.2 CBHC shall be responsible for the proper delivery, handling,application,storage,
removal and disposal of all materials and substances brought to the Worksite by CBHC in
accordance with the Contract Documents and used or consumed in the performance of the
Work.
3.13.7.3 To the extent caused by the negligent acts or omissions of CBHC, its agents,
officers,directors and employees,CBHC shall indemnify and hold harmless the City,its
agents,officers,directors and employees,from and against any and all claims,damages,
losses,costs and expenses,including but not limited to attorneys'fees,costs and expenses
incurred in connection with any dispute resolution procedure,arising out of or relating to the
delivery, handling,application,storage,removal and disposal of all materials and substances
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brought to the Worksite by CBHC in accordance with the Contract Documents.
3.13.8 The terms of this Paragraph 3.13 shall survive the completion of the Work or any termination
of this Agreement.
3.14 SUBMITTALS
3.14.1 CBHC shall submit to the City,and,if directed,to its Architect/Engineer,for review and
approval all shop drawings,samples, product data and similar submittals required by the Contract
Documents. Submittals may be submitted in electronic form if required in accordance with
ConsensusDOCS 200.2 and Subparagraph 4.6.1.CBHC shall be responsible to the City for the
accuracy and conformity of its submittals to the Contract Documents.CBHC shall prepare and
deliver its submittals to the City in a manner consistent with the Schedule of the Work and in such
time and sequence so as not to delay the performance of the Work or the work of the City and
Others.When CBHC delivers its submittals to the City,CBHC shall identify in writing for each
submittal all changes,deviations or substitutions from the requirements of the Contract Documents.
The review and approval of any CBHC submittal shall not be deemed to authorize changes,
deviations or substitutions from the requirements of the Contract Documents unless express written
approval is obtained from the City specifically authorizing such deviation,substitution or change.To
the extent a change,deviation or substitution causes an impact to the Contract Price or Contract
Time,such approval shall be promptly memorialized in a Change Order. Further,the City shall not
make any change,deviation or substitution through the submittal process without specifically
identifying and authorizing such deviation to CBHC. In the event that the Contract Documents do not
contain submittal requirements pertaining to the Work,CBHC agrees upon request to submit in a
timely fashion to the City for review and approval any shop drawings,samples,product data,
manufacturers'literature or similar submittals as may reasonably be required by the City.
3.14.2 The City shall be responsible for review and approval of submittals with reasonable
promptness to avoid causing delay.
3.14.3 CBHC shall perform all Work strictly in accordance with approved submittals.Approval of
shop drawings is not authorization to CBHC to perform Changed Work,unless the procedures of
Article 8 are followed.Approval does not relieve CBHC from responsibility for Defective Work
resulting from errors or omissions of any kind on the approved Shop Drawings.
3.14.4 Record copies of the following, incorporating field changes and selections made during
construction, shall be maintained at the Project site and available to the City upon request:
drawings,specifications, addenda, Change Order and other modifications,and required submittals
including product data, samples and shop drawings.
3.14.5 No substitutions shall be made in the Work unless permitted in the Contract Documents and
then only after CBHC obtains approvals required under the Contract Documents for substitutions.Al
such substitutions shall be promptly memorialized in a Change Order.no later than seven(7)Days
following approval by the City and,if applicable, provide for an adjustment in the Contract Price or
Contract Time.
3.14.6 CBHC shall prepare and submit to the City
XX final marked-up as-built drawings,
and
XX updated electronic data, in accordance with ConsensusDOCS 200.2 and Paragraph 4.6.1,
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or
such documentation as defined by the Parties by attachment to this Agreement,
in general documenting how the various elements of the Work were actually constructed or installed.
3.15 PROFESSIONAL SERVICES CBHC may be required to procure professional services in order to
carry out its responsibilities for construction means,methods,techniques,sequences and procedures for
such services specifically called for by the Contract Documents.CBHC shall obtain these professional
services and any design certifications required from licensed design professionals.All drawings,
specifications,calculations,certifications and submittals prepared by such design professionals shall bear
the signature and seal of such design professionals and the City and the Architect/Engineer shall be
entitled to rely upon the adequacy,accuracy and completeness of such design services.If professional
services are specifically required by the Contract Documents,the City shall indicate all required
performance and design criteria.CBHC shall not be responsible for the adequacy of such performance and
design criteria.CBHC shall not be required to provide such services in violation of existing laws,rules and
regulations in the jurisdiction where the Project is located.
3.16 WORKSITE CONDITIONS
3.16.1 WORKSITE VISIT CBHC acknowledges that it has visited,or has had the opportunity to
visit,the Worksite to visually inspect the general and local conditions which could affect the Work.
3.16.2 CONCEALED OR UNKNOWN SITE CONDITIONS If the conditions at the Worksite are(a)
subsurface or other physical conditions which are materially different from those indicated in the
Contract Documents,or(b)unusual or unknown physical conditions which are materially different
from conditions ordinarily encountered and generally recognized as inherent in Work provided for in
the Contract Documents, CBHC shall stop Work and give immediate written notice of the condition
to the City and the Architect/Engineer.CBHC shall not be required to perform any work relating to
the unknown condition without the written mutual agreement of the Parties.Any change in the
Contract Price or the Contract Time as a result of the unknown condition shall be determined as
provided in Article 8.CBHC shall provide the City with written notice of any claim as a result of
unknown conditions within the time period set forth in Paragraph 8.4.
3.17 PERMITS AND TAXES
3.17.1 CBHC shall give public authorities all notices required by law and,except for permits and
fees which are the responsibility of the City pursuant to Paragraph 4.4,shall obtain and pay for all
necessary permits, licenses and renewals pertaining to the Work.CBHC shall provide to City copies
of all notices, permits,licenses and renewals required under this Agreement.
3.17.2 CBHC shall pay all applicable taxes legally enacted when bids are received or negotiations
concluded for the Work provided by CBHC.
3.17.3 The Contract Price or Contract Time shall be equitably adjusted by Change Order for
additional costs resulting from any changes in laws,ordinances,rules and regulations enacted after
the date of this Agreement, including increased taxes.
3.17.4 If in accordance with the City's direction,CBHC claims an exemption for taxes, the City shall
indemnify and hold CBHC harmless from any liability, penalty, interest,fine,tax assessment,
attorneys'fees or other expense or cost incurred by CBHC as a result of any such action.
3.18 CUTTING, FITTING AND PATCHING
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3.18.1 CBHC shall perform cutting,fitting and patching necessary to coordinate the various parts of
the Work and to prepare its Work for the work of the City or Others.
3.18.2 Cutting,patching or altering the work of the City or Others shall be done with the prior written
approval of the City.Such approval shall not be unreasonably withheld.
3.19 CLEANING UP
3.19.1 CBHC shall regularly remove debris and waste materials at the Worksite resulting from the
Work. Prior to discontinuing Work in an area,CBHC shall clean the area and remove all rubbish and
its construction equipment,tools, machinery,waste and surplus materials.CBHC shall minimize and
confine dust and debris resulting from construction activities.At the completion of the Work,CBHC
shall remove from the Worksite all construction equipment,tools,surplus materials,waste materials
and debris.
3.19.2 If CBHC fails to commence compliance with cleanup duties within two (2)business Days
after written notification from the City of non-compliance,the City may implement appropriate
cleanup measures without further notice and the cost shall be deducted from any amounts due or to
become due CBHC in the next payment period.
3.20 ACCESS TO WORK CBHC shall facilitate the access of the City,Architect/Engineer and Others to
Work in progress.
3.21 CONFIDENTIALITY Unless compelled by law, a governmental agency or authority,an order of a
court of competent jurisdiction, or a validly issued subpoena,CBHC shall treat as confidential and not
disclose to third persons, except Subcontractors, Sub-subcontractors and Material Suppliers as is
necessary for the performance of the Work,or use for its own benefit,any of the City's confidential
information,know-how,discoveries,production methods and the like that may be disclosed to CBHC or
which CBHC may acquire in connection with the Work.The City shall treat as confidential information all
of CBHC's estimating systems and historical and parameter cost data that may be disclosed to the City in
connection with the performance of this Agreement.The City and CBHC shall each specify those items to
be treated as confidential and shall mark them as"Confidential."In the event of a legal compulsion or
other order seeking disclosure of any Confidential Information,CBHC or Owner,as the case may be,shall
promptly notify the other party to permit that party's legal objection,if necessary.
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 INFORMATION AND SERVICES Any information or services to be provided by the City shall be
provided in a timely manner so as not to delay the Work.
4.2 FINANCIAL INFORMATION Prior to commencement of the Work and thereafter at the written request
of CBHC,the City shall provide CBHC with evidence of Project financing. Evidence of such financing shall
be a condition precedent to CBHC's commencing or continuing the Work.CBHC shall be notified prior to
any material change in Project financing.
4.3 WORKSITE INFORMATION Except to the extent that CBHC knows of any inaccuracy,CBHC is
entitled to rely on Worksite information furnished by the City pursuant to this Paragraph 4.3.To the extent
the City has obtained, or is required elsewhere in the Contract Documents to obtain,the following
Worksite information,the City shall provide at the City's expense and with reasonable promptness:
4.3.1 information describing the physical characteristics of the site, including surveys,site
evaluations,legal descriptions,data or drawings depicting existing conditions,subsurface conditions
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and environmental studies, reports and investigations;
4.3.2 tests, inspections and other reports dealing with environmental matters, Hazardous Material
and other existing conditions,including structural,mechanical and chemical tests, required by the
Contract Documents or by law;and
4.3.3 any other information or services requested in writing by CBHC which are relevant to CBHC's
performance of the Work and under the City's control.
The information required by Paragraph 4.3 shall be provided in reasonable detail.Legal descriptions shall
include easements,title restrictions,boundaries,and zoning restrictions.Worksite descriptions shall
include existing buildings and other construction and all other pertinent site conditions.Adjacent property
descriptions shall include structures, streets, sidewalks,alleys,and other features relevant to the Work.
Utility details shall include available services, lines at the Worksite and adjacent thereto and connection
points.The information shall include public and private Information,subsurface information,grades,
contours,and elevations,drainage data, exact locations and dimensions,and benchmarks that can be
used by CBHC in laying out the Work.
4.4 BUILDING PERMIT, FEES AND APPROVALS Except for those permits and fees related to the Work
which are the responsibility of CBHC pursuant to Subparagraph 3.17.1,the City shall secure and pay for
all other permits, approvals, easements, assessments and fees required for the development,
construction, use or occupancy of permanent structures or for permanent changes in existing facilities,
including the building permit.
4.5 MECHANICS AND CONSTRUCTION LIEN INFORMATION Within seven(7)Days after receiving
CBHC's written request,the City shall provide CBHC with the information necessary to give notice of or
enforce mechanics lien rights and,where applicable, stop notices. This information shall include the City's
interest in the real property on which the Project is located and the record legal title.
4.6 CONTRACT DOCUMENTS Unless otherwise specified,City shall provide One(1)electronic copy of
the Contract Documents to CBHC without cost.
4.6.1 DIGITIZED DOCUMENTS If the City requires that the City,Architect/Engineer and CBHC
exchange documents and data in electronic or digital form,prior to any such exchange,the City,
Architect/Engineer and CBHC shall agree on a written protocol governing all exchanges in
ConsensusDOCS 200.2 or a separate Agreement,which,at a minimum,shall specify: (1)the
definition of documents and data to be accepted in electronic or digital form or to be transmitted
electronically or digitally;(2)management and coordination responsibilities; (3)necessary
equipment,software and services;(4)acceptable formats, transmission methods and verification
procedures;(5)methods for maintaining version control;(6)privacy and security requirements;and
(7)storage and retrieval requirements. Except as otherwise agreed to by the Parties in writing,the
Parties shall each bear their own costs as identified in the protocol. In the absence of a written
protocol, use of documents and data in electronic or digital form shall be at the sole risk of the
recipient.
4.7 OWNER'S REPRESENTATIVE The City's authorized representative is Clarence Payerson.The
representative shall be fully acquainted with the Project, and shall have authority to bind the City in all
matters requiring the City's approval,authorization or written notice. If the City changes its representative
or the representative's authority as listed above,the City shall immediately notify CBHC in writing.
4.8 OWNER'S CUTTING AND PATCHING Cutting,patching or altering the Work by the City or Others
shall be done with the prior written approval of CBHC,which approval shall not be unreasonably withheld.
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4.9 OWNER'S RIGHT TO CLEAN UP In case of a dispute between CBHC and Others with regard to
respective responsibilities for cleaning up at the Worksite,the City may implement appropriate cleanup
measures after two (2)business Days'notice and allocate the cost among those responsible during the
following pay period.
4.10 COST OF CORRECTING DAMAGED OR DESTROYED WORK With regard to damage or loss
attributable to the acts or omissions of the City or Others and not to CBHC,the City may either(a)
promptly remedy the damage or loss or(b)accept the damage or loss. If CBHC incurs additional costs or
is delayed due to such loss or damage,CBHC shall be entitled to an equitable adjustment in the Contract
Price or Contract Time.
ARTICLE 5
SUBCONTRACTS
5.1 SUBCONTRACTORS The Work not performed by CBHC with its own forces shall be performed by
Subcontractors.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 As soon after the award of this Agreement as possible,CBHC shall provide the City and if
directed,the Architect/Engineer with a written list of the proposed Subcontractors and significant
material suppliers.If the City has a reasonable objection to any proposed Subcontractor or material
supplier,the City shall notify CBHC in writing. Failure to promptly object shall constitute acceptance.
5.2.2 If the City has reasonably and promptly objected as provided in Subparagraph 5.2.1,CBHC
shall not contract with the proposed Subcontractor or material supplier, and CBHC shall propose
another acceptable Subcontractor to the City.To the extent the substitution results in an increase or
decrease in the Contract Price or Contract Time,an appropriate Change Order shall be issued as
provided in Article 8.
5.3 BINDING OF SUBCONTRACTORS AND MATERIAL SUPPLIERS CBHC agrees to bind every
Subcontractor and Material Supplier(and require every Subcontractor to so bind its subcontractors and
material suppliers)to all the provisions of this Agreement and the Contract Documents as they apply to
the Subcontractor's and Material Supplier's portions of the Work.
5.4 LABOR RELATIONS (Insert here any conditions,obligations or requirements relative to labor
relations and their effect on the Project.Legal counsel is recommended.)
5.5 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.5.1 If this Agreement is terminated, each subcontract agreement shall be assigned by CBHC to
the City,subject to the prior rights of any surety, provided that:
5.5.1.1 this Agreement is terminated by the City pursuant to Paragraphs 11.3 or 11.4;and
5.5.1.2 the City accepts such assignment after termination by notifying the Subcontractor and
CBHC in writing, and assumes all rights and obligations of CBHC pursuant to each subcontract
agreement.
5.5.2 If the City accepts such an assignment, and the Work has been suspended for more than
thirty(30)consecutive Days,following termination,if appropriate,the Subcontractor's compensation
shall be equitably adjusted as a result of the suspension.
ARTICLE 6
15 � ,/
CONTRACT TIME
6.1 PERFORMANCE OF THE WORK
6.1.1 DATE OF COMMENCEMENT The Date of Commencement is the date of this Agreement as
first written in Article 1 unless otherwise set forth below:(Insert here any special provisions
concerning notices to proceed and the Date of Commencement):
6.1.2 TIME Substantial Completion of the Work shall be achieved in 323 days from the Date of
Commencement. Unless otherwise specified in the Certificate of Substantial Completion, CBHC shall
achieve Final Completion within Thirteen(13) Days after the date of Substantial Completion,subject
to adjustments as provided for in the Contract Documents.
6.1.3 Time limits stated above are of the essence of this Agreement.
6.1.4 Unless instructed by the City in writing, CBHC shall not knowingly commence the Work before
the effective date of insurance that is required to be provided by CBHC and City.
6.2 SCHEDULE OF THE WORK
6.2.1 Before submitting the first application for payment, CBHC shall submit to the City,and if
directed, its ArchitecUEngineer,a Schedule of the Work that shall show the dates on which CBHC
plans to commence and complete various parts of the Work,including dates on which information
and approvals are required from the City.On the City's written approval of the Schedule of the Work,
CBHC shall comply with it unless directed by the City to do otherwise or CBHC is otherwise entitled
to an adjustment in the Contract Time.CBHC shall update the Schedule of the Work on a monthly
basis or at appropriate intervals as required by the conditions of the Work and the Project.
6.2.2 The City may determine the sequence in which the Work shall be performed,provided it does
not unreasonably interfere with the Schedule of the Work.The City may require CBHC to make
reasonable changes in the sequence at any time during the performance of the Work in order to
facilitate the performance of work by the City or Others.To the extent such changes increase
CBHC's time and costs the Contract Price and Contract Time shall be equitably adjusted.
6.3 DELAYS AND EXTENSIONS OF TIME
6.3.1 If CBHC is delayed at any time in the commencement or progress of the Work by any cause
beyond the control of CBHC,CBHC shall be entitled to an equitable extension of the Contract Time.
Examples of causes beyond the control of CBHC include,but are not limited to,the following:acts
or omissions of the City,the Architect/Engineer or Others;changes in the Work or the sequencing of
the Work ordered by the City,or arising from decisions of the City that impact the time of
performance of the Work;transportation delays not reasonably foreseeable;labor disputes not
involving CBHC;general labor disputes impacting the Project but not specifically related to the
Worksite;fire;terrorism,epidemics,adverse governmental actions, unavoidable accidents or
circumstances;adverse weather conditions not reasonably anticipated;encountering Hazardous
Materials;concealed or unknown conditions;delay authorized by the City pending dispute resolution;
and suspension by the City under Paragraph 11.1. CBHC shall submit any requests for equitable
extensions of Contract Time in accordance with the provisions of Article 8.
6.3.3 NOTICE OF DELAYS In the event delays to the Work are encountered for any reason,CBHC
shall provide prompt written notice to the City of the cause of such delays after CBHC first
recognizes the delay.The City and CBHC agree to undertake reasonable steps to mitigate the effect
16
of such delays.
6.4 NOTICE OF DELAY CLAIMS If CBHC requests an equitable extension of Contract Time or an
equitable adjustment in Contract Price as a result of a delay described in Subparagraphs 6.3.1 and 6.3.2,
CBHC shall give the City written notice of the claim in accordance with Paragraph 8.4. If CBHC causes
delay in the completion of the Work,the City shall be entitled to recover its additional costs subject to
Paragraph 6.6.The City shall process any such claim against CBHC in accordance with Article 8.
6.5 LIQUIDATED DAMAGES
6.5.1 SUBSTANTIAL COMPLETION The City and CBHC agree that this Agreement X shall/
shall not(indicate one) provide for the imposition of liquidated damages based on the Date of
Substantial Completion.
6.5.1.1 CBHC understands that if the Date of Substantial Completion established by this
Agreement, as may be amended by subsequent Change Order,is not attained,the City will
suffer damages which are difficult to determine and accurately specify. CBHC agrees that if the
Date of Substantial Completion is not attained CBHC shall pay the City Five Hundred Dollars
($500.00)as liquidated damages and not as a penalty for each Days that Substantial
Completion extends beyond the Date of Substantial Completion. The liquidated damages
provided herein shall be in lieu of all liability for any and all extra costs, losses,expenses,
claims,penalties and any other damages of whatsoever nature incurred by the City which are
occasioned by any delay in achieving the Date of Substantial Completion.
6.5.2 FINAL COMPLETION The City and CBHC agree that this Agreement shall/XX shall not
(indicate one) provide for the imposition of liquidated damages based on the Date of Final
Completion.
6.5.2.1 CBHC understands that if the Date of Final Completion established by this Agreement,
as may be amended by subsequent Change Order is not attained, the City will suffer damages
which are difficult to determine and accurately specify. CBHC agrees that if the Date of Final
Completion is not attained CBHC shall pay the City N/A Dollars($N/A)as liquidated damages
and not as a penalty for each Days that Final Completion extends beyond the Date of Final
Completion.The liquidated damages provided herein shall be in lieu of all liability for any and
all extra costs, losses,expenses,claims, penalties and any other damages of whatsoever
nature incurred by the City which are occasioned by any delay in achieving the Date of Final
Completion.
6.5.3 OTHER LIQUIDATED DAMAGES The City and CBHC may agree upon the imposition of
liquidated damages based on other project milestones or performance requirements.Such
agreement shall be included as an exhibit to this Agreement.
6.6 LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except for damages mutually
agreed upon by the Parties as liquidated damages in Paragraph 6.5 and excluding losses covered by
insurance required by the Contract Documents,the City and CBHC agree to waive all claims against each
other for any consequential damages that may arise out of or relate to this Agreement, except for those
specific items of damages excluded from this waiver as mutually agreed upon by the Parties and
identified below.The City agrees to waive damages including but not limited to the City's loss of use of
the Project, any rental expenses incurred,loss of income,profit or financing related to the Project,as well
as the loss of business, loss of financing,principal office overhead and expenses,loss of profits not
related to this Project, loss of reputation,or insolvency. CBHC agrees to waive damages including but not
limited to loss of business, loss of financing,principal office overhead and expenses,loss of profits not
17
related to this Project, loss of bonding capacity, loss of reputation,or insolvency. The following items of
damages are excluded from this mutual waiver:
6.6.1 The provisions of this Paragraph shall also apply to the termination of this Agreement and
shall survive such termination.The City and CBHC shall require similar waivers in contracts with
Subcontractors and Others retained for the project.
ARTICLE 7
CONTRACT PRICE
7.1 LUMP SUM As full compensation for performance by CBHC of the Work in conformance with the
Contract Documents,the City shall pay CBHC the lump sum price of Three Million Four Hundred Twenty
FiveThousand Dollars($3,425,000.00).The lump sum price is hereinafter referred to as the Contract
Price,which shall be subject to increase or decrease as provided in Article 8.
7.2 ALLOWANCES
7.2.1 All allowances stated in the Contract Documents shall be included in the Contract Price.
While the City may direct the amounts of,and particular material suppliers or subcontractors for,
specific allowance items,if CBHC reasonably objects to a material supplier or subcontractor,it shall
not be required to contract with them.The City shall select allowance items in a timely manner so
as not to delay the Work.
7.2.2 Allowances shall include the costs of materials,supplies and equipment delivered to the
Worksite, less applicable trade discounts and including requisite taxes, unloading and handling at
the Worksite, and labor and installation, unless specifically stated otherwise.CBHC's Overhead and
profit for the allowances shall be included in the Contract Price,but not in the allowances.The
Contract Price shall be adjusted by Change Order to reflect the actual costs when they are greater
than or less than the allowances.
ARTICLE 8
CHANGES
Changes in the Work that are within the general scope of this Agreement shall be accomplished,without
invalidating this Agreement,by Change Order,and Interim Directed Change.
8.1 CHANGE ORDER
8.1.1 CBHC may request or the City may order changes in the Work or the timing or sequencing of
the Work that impacts the Contract Price or the Contract Time.All such changes in the Work that
affect Contract Time or Contract Price shall be formalized in a Change Order.Any such requests for
a change in the Contract Price or the Contract Time shall be processed in accordance with this
Article 8.
8.1.2 The City and CBHC shall negotiate in good faith an appropriate adjustment to the Contract
Price or the Contract Time and shall conclude these negotiations as expeditiously as possible.
Acceptance of the Change Order and any adjustment in the Contract Price or Contract Time shall
not be unreasonably withheld.
8.2 INTERIM DIRECTED CHANGE
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8.2.1 The City may issue a written Interim Directed Change directing a change in the Work prior to
reaching agreement with CBHC on the adjustment, if any, in the Contract Price or the Contract Time.
8.2.2 The City and CBHC shall negotiate expeditiously and in good faith for appropriate
adjustments,as applicable,to the Contract Price or the Contract Time arising out of an Interim
Directed Change.As the Changed Work is performed,CBHC shall submit its costs for such work
with its application for payment beginning with the next application for payment within thirty(30)
Days of the issuance of the Interim Directed Change. If there is a dispute as to the cost to the City,
the City shall pay CBHC fifty percent(50%)of its estimated cost to perform the work. In such event,
the Parties reserve their rights as to the disputed amount, subject to the requirements of Article 12.
8.2.3 When the City and CBHC agree upon the adjustment in the Contract Price or the Contract
Time,for a change in the Work directed by an Interim Directed Change, such agreement shall be the
subject of a Change Order.The Change Order shall include all outstanding Interim Directed Changes
on which the City and CBHC have reached agreement on Contract Price or Contract Time issued
since the last Change Order.
8.3 DETERMINATION OF COST
8.3.1 An increase or decrease in the Contract Price or the Contract Time resulting from a change in
the Work shall be determined by one or more of the following methods:
8.3.1.1 unit prices set forth in this Agreement or as subsequently agreed;
8.3.1.2 a mutually accepted,itemized lump sum;
8.3.1.3 costs calculated on a basis agreed upon by the City and CBHC plus 10%Overhead
and 10% profit;or
8.3.1.4 if an increase or decrease cannot be agreed to as set forth in Clauses .1 through .3
above, and the City issues an Interim Directed Change,the cost of the change in the Work
shall be determined by the reasonable actual expense and savings of the performance of the
Work resulting from the change. If there is a net increase in the Contract Price, CBHC's
Overhead and profit shall be adjusted accordingly. In case of a net decrease in the Contract
Price,CBHC's Overhead and profit shall not be adjusted unless ten percent(10%)or more of
the Project is deleted. CBHC shall maintain a documented, itemized accounting evidencing the
expenses and savings.
8.3.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the
Parties,but the character or quantity of such unit items as originally contemplated is so different in a
proposed Change Order that the original unit prices will cause substantial inequity to the City or
CBHC, such unit prices shall be equitably adjusted.
8.3.3 If the City and CBHC disagree as to whether work required by the City is within the scope of
the Work,CBHC shall furnish the City with an estimate of the costs to perform the disputed work in
accordance with the City's interpretations. If the City issues a written order for CBHC to proceed,
CBHC shall perform the disputed work and the City shall pay CBHC fifty percent(50%)of its
estimated cost to perform the work. In such event,both Parties reserve their rights as to whether the
work was within the scope of the Work,subject to the requirements of Article 12. The City's
payment does not prejudice its right to be reimbursed should it be determined that the disputed work
was within the scope of Work.CBHC's receipt of payment for the disputed work does not prejudice
its right to receive full payment for the disputed work should it be determined that the disputed work
is not within the scope of the Work.
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8.4 CLAIMS FOR ADDITIONAL COST OR TIME Except as provided in Subparagraph 6.3.2 and
Paragraph 6.4 for any claim for an increase in the Contract Price or the Contract Time,CBHC shall give
the City written notice of the claim within fourteen(14) Days after the occurrence giving rise to the claim
or within fourteen(14) Days after CBHC first recognizes the condition giving rise to the claim,whichever is
later. Except in an emergency,notice shall be given before proceeding with the Work.Thereafter,CBHC
shall submit written documentation of its claim, including appropriate supporting documentation,within
twenty-one (21) Days after giving notice,unless the Parties mutually agree upon a longer period of-time.
The City shall respond in writing denying or approving CBHC's claim no later than fourteen(14) Days after
receipt of CBHC's claim. Any change in the Contract Price or the Contract Time resulting from such claim
shall be authorized by Change Order.
ARTICLE 9
PAYMENT
9.1 SCHEDULE OF VALUES Within twenty-one(21) Days from the date of execution of this Agreement,
CBHC shall prepare and submit to the City,and if directed, the Architect/Engineer,a schedule of values
apportioned to the various divisions or phases of the Work. Each line item contained in the schedule of
values shall be assigned a value such that the total of all items shall equal the Contract Price.
9.2 PROGRESS PAYMENTS
9.2.1 APPLICATIONS CBHC shall submit to the City and the Architect/Engineer a monthly
application for payment no later than the 25th Day of the calendar month for the preceding thirty(30)
Days. CBHC's applications for payment shall be itemized and supported by CBHC's schedule of
values and any other substantiating data as required by this Agreement. Payment applications shall
include payment requests on account of properly authorized Change Orders or Interim Directed
Change. The City shall pay the amount otherwise due on any payment application,as certified by
the Architect/Engineer,no later than twenty(20) Days after CBHC has submitted a complete and
accurate payment application,or such shorter time period as required by applicable state statute.
The City may deduct from any progress payment amounts as may be retained pursuant to
Subparagraph 9.2.4.
9.2.2 STORED MATERIALS AND EQUIPMENT Unless otherwise provided in the Contract
Documents,applications for payment may include materials and equipment not yet incorporated into
the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage
and costs incurred transporting the materials to an offsite storage facility.Approval of payment
applications for stored materials and equipment stored offsite shall be conditioned on submission by
CBHC of bills of sale and proof of required insurance, or such other procedures satisfactory to the
City to establish the proper valuation of the stored materials and equipment,the City's title to such
materials and equipment, and to otherwise protect the City's interests therein,including
transportation to the site.
9.2.3 LIEN WAIVERS AND LIENS
9.2.3.1 PARTIAL LIEN WAIVERS AND AFFIDAVITS If required by the City,as a prerequisite
for payment,CBHC shall provide partial lien and claim waivers in the amount of the application
for payment and affidavits from its Subcontractors, and Material Suppliers for the completed
Work.Such waivers shall be conditional upon payment. In no event shall CBHC be required to
sign an unconditional waiver of lien or claim, either partial or final,prior to receiving payment or
in an amount in excess of what it has been paid.
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9.2.3.2 RESPONSIBILITY FOR LIENS If City has made payments in the time required by this
Article 9, CBHC shall,within thirty(30) Days after filing,cause the removal of any liens filed
against the premises or public improvement fund by any party or parties performing labor or
services or supplying materials in connection with the Work. If CBHC fails to take such action
on a lien,the City may cause the lien to be removed at CBHC's expense,including bond costs
and reasonable attorneys'fees.This Clause shall not apply if there is a dispute pursuant to
Article 12 relating to the subject matter of the lien.
9.2.4 RETAINAGE From each progress payment made prior to Substantial Completion the City
may retain Ten percent(10%)of the amount otherwise due after deduction of any amounts as
provided in Paragraph 9.3,and in no event shall such percentage exceed any applicable statutory
requirements. If the City chooses to use this retainage provision:
9.2.4.1 after the Work is fifty percent(50%)complete,the City shall withhold no additional
retainage and shall pay CBHC the full amount of what is due on account of progress payments;
9.2.4.2 the City may,in its sole discretion,reduce the amount to be retained at any time;
9.2.4.3 the City may release retainage on that portion of the Work a Subcontractor has
completed in whole or in part, and which the City has accepted.
In lieu of retainage,CBHC may furnish a retention bond or other security interest,acceptable to the
City,to be held by the City.
9.3 ADJUSTMENT OF CONTRACTOR'S PAYMENT APPLICATION The City may adjust or reject a
payment application or nullify a previously approved payment application,in whole or in part, as may
reasonably be necessary to protect the City from loss or damage based upon the following,to the extent
that CBHC is responsible therefor under this Agreement:
9.3.1 CBHC's repeated failure to perform the Work as required by the Contract Documents;
9.3.2 loss or damage arising out of or relating to this Agreement and caused by CBHC to the City or
to Others to whom the City may be liable;
9.3.3 CBHC's failure to properly pay Subcontractors and Material Suppliers following receipt of such
payment from the City;
9.3.4 rejected,nonconforming or defective Work not corrected in a timely fashion;
9.3.5 reasonable evidence of delay in performance of the Work such that the Work will not be
completed within the Contract Time,and
9.3.6 reasonable evidence demonstrating that the unpaid balance of the Contract Price is
insufficient to fund the cost to complete the Work.
9.3.7 third party claims involving CBHC or reasonable evidence demonstrating that third party
claims are likely to be filed unless and until CBHC furnishes the City with adequate security in the
form of a surety bond, letter of credit or other collateral or commitment which are sufficient to
discharge such claims if established.
No later than seven(7)Days after receipt of an application for payment,the City shall give written notice
to CBHC, at the time of disapproving or nullifying all or part of an application for payment,stating its
specific reasons for such disapproval or nullification, and the remedial actions to be taken by CBHC in
order to receive payment. When the above reasons for disapproving or nullifying an application for
payment are removed, payment will be promptly made for the amount previously withheld.
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Ad
9.4 ACCEPTANCE OF WORK Neither the City's payment of progress payments nor its partial or full use
or occupancy of the Project constitutes acceptance of Work not complying with the Contract Documents.
9.5 PAYMENT DELAY If for any reason not the fault of CBHC CBHC does not receive a progress
payment from the City within seven(7)Days after the time such payment is due,as defined in
Subparagraph 9.2.1,then CBHC, upon giving seven(7)Days'written notice to the City,and without
prejudice to and in addition to any other legal remedies, may stop Work until payment of the full amount
owing to CBHC has been received,including interest from the date payment was due in accordance with
Paragraph 9.9.The Contract Price and Contract Time shall be equitably adjusted by a Change Order for
reasonable cost and delay resulting from shutdown, delay and start-up.
9.6 SUBSTANTIAL COMPLETION
9.6.1 CBHC shall notify the City and, if directed, its Architect/Engineer when it considers
Substantial Completion of the Work or a designated portion to have been achieved.The City,with
the assistance of its Architect/Engineer,shall promptly conduct an inspection to determine whether
the Work or designated portion can be occupied or utilized for its intended use by the City without
excessive interference in completing any remaining unfinished Work by CBHC. If the City determines
that the Work or designated portion has not reached Substantial Completion,the City shall promptly
compile a list of items to be completed or corrected so the City may occupy or utilize the Work or
designated portion for its intended use.CBHC shall promptly complete all items on the list.
9.6.2 When Substantial Completion of the Work or a designated portion is achieved,CBHC shall
prepare a Certificate of Substantial Completion that shall establish the date of Substantial
Completion, and the respective responsibilities of the City and CBHC for interim items such as
security, maintenance, utilities,insurance and damage to the Work.In the absence of a clear
delineation of responsibilities,the City shall assume all responsibilities for items such as security,
maintenance, utilities,insurance, and damage to the Work.The certificate shall also list the items to
be completed or corrected,and establish the time for their completion or correction.The Certificate
of Substantial Completion shall be submitted by CBHC to the City for written acceptance of
responsibilities assigned in the Certificate.
9.6.3 Unless otherwise provided in the Certificate of Substantial Completion,warranties required by
the Contract Documents shall commence on the date of Substantial Completion of the Work or a
designated portion.
9.6.4 Upon acceptance by the City of the Certificate of Substantial Completion,the City shall pay to
CBHC the remaining retainage held by the City for the Work described in the Certificate of
Substantial Completion less a sum equal to two hundred percent(200%)of the estimated cost of
completing or correcting remaining items on that part of the Work,as agreed to by the City and
CBHC as necessary to achieve final completion. Uncompleted items shall be completed by CBHC in
a mutually agreed upon timeframe.The City shall pay CBHC monthly the amount retained for
unfinished items as each item is completed.
9.7 PARTIAL OCCUPANCY OR USE
9.7.1 The City may occupy or use completed or partially completed portions of the Work when(a)
the portion of the Work is designated in a Certificate of$ubstantial Completion, (b)appropriate
insurer(s)consent to the occupancy or use,and(c)appropriate public authorities authorize the
occupancy or use.Such partial occupancy or use shall constitute Substantial Completion of that
portion of the Work.
9.8 FINAL COMPLETION AND FINAL PAYMENT
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9.8.1 Upon notification from CBHC that the Work is complete and ready for final inspection and
acceptance,the City with the assistance of its Architect/Engineer shall promptly conduct an
inspection to determine if the Work has been completed and is acceptable under the Contract
Documents.
9.8.2 When Final Completion has been achieved,CBHC shall prepare for the City's acceptance a
final application for payment stating that to the best of CBHC's knowledge,and based on the City's
inspections,the Work has reached Final Completion in accordance with the Contract Documents.
9.8.3 Final payment of the balance of the Contract Price shall be made to CBHC within twenty(20)
Days after CBHC has submitted a complete and accurate application for final payment, including
submissions required under Subparagraph 9.8.4,and a Certificate of Final Completion has been
executed by the City and CBHC.
9.8.4 Final payment shall be due on CBHC's submission of the following to the City:
9.8.4.1 an affidavit declaring any indebtedness connected with the Work,e.g.payrolls or
invoices for materials or equipment,to have been paid,satisfied or to be paid with the
proceeds of final payment, so as not to encumber the City's property;
9.8.4.2 as-built drawings, manuals,copies of warranties and all other close-out documents
required by the Contract Documents;
9.8.4.3 release of any liens,conditioned on final payment being received;
9.8.4.4 consent of any surety; and
9.8.4.5 any outstanding known and unreported accidents or injuries experienced by CBHC or
its Subcontractors at the Worksite.
9.8.5 If,after Substantial Completion of the Work,the Final Completion of a portion of the Work is
materially delayed through no fault of CBHC,the City shall pay the balance due for portion(s)of the
Work fully completed and accepted. If the remaining contract balance for Work not fully completed
and accepted is less than the retained amount prior to payment, CBHC shall submit to the City,and,
if directed,the Architect/Engineer,the written consent of any surety to payment of the balance due
for portions of the Work that are fully completed and accepted.Such payment shall not constitute a
waiver of claims,but otherwise shall be governed by these final payment provisions.
9.8.6 OWNER RESERVATION OF CLAIMS Claims not reserved in writing by the City with the
making of final payment shall be waived except for claims relating to liens or similar encumbrances,
warranties, Defective Work and latent defects.
9.8.7 CONTRACTOR ACCEPTANCE OF FINAL PAYMENT Unless CBHC provides written
identification of unsettled claims known to CBHC at the time of making application for final payment,
acceptance of final payment constitutes a waiver of such claims.
9.9 LATE PAYMENT Payments due but unpaid shall bear interest from the date payment is due at the
statutory rate at the place of the Project.
ARTICLE 10
INDEMNITY, INSURANCE, WAIVERS AND BONDS
10.1 INDEMNITY
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10.1.1 To the fullest extent permitted by law, CBHC shall indemnify and hold harmless the City,the
City's officers,directors,members,consultants,agents and employees,the Architect/Engineer and
Others(the Indemnitees)from all claims for bodily injury and property damage,other than to the
Work itself and other property insured under Subparagraph 10.3.1,including reasonable attorneys'
fees,costs and expenses,that may arise from the performance of the Work,but only to the extent
caused by the negligent acts or omissions of CBHC,Subcontractors or anyone employed directly or
indirectly by any of them or by anyone for whose acts any of them may be liable. CBHC shall be
entitled to reimbursement of any defense costs paid above CBHC's percentage of liability for the
underlying claim to the extent provided for under Subparagraph 10.1.2.
10.1.2 To the fullest extent permitted by law,the City shall indemnify and hold harmless CBHC, its 4
officers,directors,members,consultants,agents,and employees,Subcontractors or anyone
employed directly or indirectly by any of them or anyone for whose acts any of them may be liable
from all claims for bodily injury and property damage,other than property insured under
Subparagraph 10.3.1,including reasonable attorneys'fees,costs and expenses,that may arise from
the performance of work by City,Architect/Engineer or Others,but only to the extent caused by the
negligent acts or omissions of the City,Architect/Engineer or Others.The City shall be entitled to
reimbursement of any defense costs paid above City's percentage of liability for the underlying claim
to the extent provided for under Subparagraph 10.1.1.
10.1.3 NO LIMITATION ON LIABILITY In any and all claims against the Indemnitees by any
employee of CBHC,anyone directly or indirectly employed by CBHC or anyone for whose acts
CBHC may be liable,the indemnification obligation shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for CBHC under
Workers'Compensation acts,disability benefit acts or other employment benefit acts.
10.2 INSURANCE
10.2.1 Prior to the start of the Work,CBHC shall procure and maintain in force Workers'
Compensation Insurance,Employers'Liability Insurance,Business Automobile Liability Insurance,
and Commercial General Liability Insurance(CGL).The CGL policy shall include coverage for
liability arising from premises,operations,independent contractors,products-completed operations,
personal injury and advertising injury,contractual liability,and broad form property damage.The
Contractor's Employers'Liability,Business Automobile Liability,and Commercial General Liability
policies, as required in this Subparagraph 10.2.1,shall be written with at least the following limits of
liability:
10.2.1.1 Employers'Liability Insurance
a. $1,000,000.00
Bodily Injury by Accident
Each Accident
b. $1,000,000..00
Bodily Injury by Disease
Policy Limit
c. $1,000,000..00
Bodily Injury by Disease
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Each Employee
10.2.1.2 Business Automobile Liability Insurance
a. $1,000,000.00
Each Accident
10.2.1.3 Commercial General Liability Insurance
a. $1,000,000.00
Each Occurrence
b. $2,000,000.00
General Aggregate
c. $2,000,000.00
Products/Completed
Operations Aggregate
d. $1,000,000.00
Personal and Advertising
Injury Limit
10.2.2 Employers'Liability,Business Automobile Liability and Commercial General Liability
coverage required under Subparagraph 10.2.1 may be arranged under a single policy for the full
limits required or by a combination of underlying policies with the balance provided by Excess or
Umbrella Liability policies.
10.2.3 CBHC shall maintain in effect all insurance coverage required under Subparagraph 10.2.1
with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is
located. If CBHC fails to obtain or maintain any insurance coverage required under this Agreement,
the City may purchase such coverage and charge the expense to CBHC, or terminate this
Agreement.
10.2.4 The policies of insurance required under Subparagraph 10.2.1 shall contain a provision that
the coverage afforded under the policies shall not be cancelled or allowed to expire until at least
thirty(30) Days'prior written notice has been given to the City.CBHC shall maintain completed
operations liability insurance for one year after acceptance of the Work,Substantial Completion of
the Project, or to the time required by the Contract Documents,whichever is longer. Prior to
commencement of the Work,CBHC shall furnish the City with certificates evidencing the required
coverage.
10.3 PROPERTY INSURANCE
10.3.1 Before the start of Work,CBHC shall obtain and maintain a Builder's Risk Policy upon the
entire Project for the full cost of replacement at the time of loss. This insurance shall also name
CBHC, Subcontractors, Sub-subcontractors, Material Suppliers and Architect/Engineer as insureds.
This insurance shall be written as a Builder's Risk Policy or equivalent form to cover all risks of
physical loss except those specifically excluded by the policy,and shall insure at least against the
perils of fire,lightning, explosion,windstorm,hail,smoke, aircraft(except aircraft,including
helicopter,operated by or on behalf of CBHC)and vehicles,riot and civil commotion,theft,
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vandalism, malicious mischief,debris removal,flood,earthquake,earth movement,water damage,
wind damage,testing if applicable, collapse however caused,and damage resulting from defective
design, workmanship or material,and material or equipment stored offsite,onsite or in transit.The
City shall be solely responsible for any deductible amounts or coinsurance penalties.This policy
shall provide for a waiver of subrogation in favor of CBHC, Subcontractors, Sub-subcontractors,
Material Suppliers and Architect/Engineer.This insurance shall remain in effect until final payment
has been made or until no person or entity other than the City has an insurable interest in the
property to be covered by this insurance,whichever is sooner. Partial occupancy or use of the Work
shall not commence until the City has secured the consent of the insurance company or companies
providing the coverage required in this Subparagraph 10.3.1. Prior to commencement of the Work,
the City shall provide a copy of the property policy or policies obtained in compliance with this
Subparagraph 10.3.1.
10.3.2 If the City does not intend to purchase the property insurance required by this Agreement,
including all of the coverages and deductibles described herein,the City shall give written notice to
CBHC and the Architect/Engineer before the Work is commenced. CBHC may then provide
insurance to protect its interests and the interests of the Subcontractors and Sub-subcontractors,
including the coverage of deductibles.The cost of this insurance shall be charged to the City in a
Change Order.The City shall be responsible for all of CBHC's costs reasonably attributed to the
City's failure or neglect in purchasing or maintaining the coverage described above.
10.3.2.1 If the City does not obtain insurance to cover the risk of physical loss resulting from
Terrorism, the City shall give written notice to CBHC before the Work commences.CBHC may
then provide insurance to protect its interests and the interests of the Subcontractors and
Sub-subcontractors against such risk of loss, including the coverage of deductibles. The cost
of this insurance shall be charged to the City in a Change Order.
10.3.3 City and CBHC waive all rights against each other and their respective employees,agents,
contractors,subcontractors and sub-subcontractors,and the ArchitectEngineer for damages caused
by risks covered by the property insurance except such rights as they may have to the proceeds of
the insurance and such rights as CBHC may have for the failure of the City to obtain and maintain
property insurance in compliance with Subparagraph 10.3.1.
10.3.4 To the extent of the limits of CBHC's Commercial General Liability Insurance specified in
Subparagraph 10.2.1 or N/A Dollars($N/A), whichever is more,CBHC shall indemnify and hold
harmless the City against any and all liability,claims,demands, damages, losses and expenses,
including attorneys'fees,in connection with or arising out of any damage or alleged damage to any
of City's existing adjacent property that may arise from the performance of the Work,to the extent
caused by the negligent acts or omissions of CBHC, Subcontractor or anyone employed directly or
indirectly by any of them or by anyone for whose acts any of them may be liable.
10.3.5 RISK OF LOSS Except to the extent a loss is covered by applicable insurance, risk of loss
or damage to the Work shall be upon CBHC until the Date of Substantial Completion,unless
otherwise agreed to by the Parties.
10.4 OWNER'S INSURANCE
10.4.1 BUSINESS INCOME INSURANCE The City may procure and maintain insurance against
loss of use of the City's property caused by fire or other casualty loss.
10.4.2 OWNER'S LIABILITY INSURANCE The City shall either self-insure or obtain and maintain
its own liability insurance for protection against claims arising out of the performance of this
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Agreement, including without limitation,loss of use and claims,losses and expenses arising out of
the City's errors or omissions.
10.5 ADDITIONAL LIABILITY COVERAGE
10.5.1 The City XX shall/ shall not(indicate one) require CBHC to purchase and maintain
liability coverage, primary to City's coverage under Subparagraph 10.4.2.
10.5.2 If required by Subparagraph 10.5.1,the additional liability coverage required of CBHC shall be
(Designate required coverage(s)):
XX.1 Additional Insured. City shall be named as an additional insured on CBHC's Commercial
General Liability Insurance specified for operations and completed operations,but only with
respect to liability for bodily injury,property damage or personal and advertising injury to the
extent caused by the negligent acts or omissions of CBHC,or those acting on CBHC's behalf,
in the performance of CBHC's Work for City at the Worksite.
Any documented additional cost in the form of a surcharge associated with procuring the additional
liability coverage in accordance with this Subparagraph shall be paid by the City directly or the costs
may be reimbursed by City to CBHC by increasing the Contract Price to correspond to the actual
cost required to purchase and maintain the additional liability coverage. Prior to commencement of
the Work,CBHC shall obtain and furnish to the City a certificate evidencing that the additional
liability coverages have been procured.
10.6 ROYALTIES, PATENTS AND COPYRIGHTS CBHC shall pay all royalties and license fees which
may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by
CBHC and incorporated in the Work.CBHC shall defend, indemnify and hold the City harmless from all
suits or claims for infringement of any patent rights or copyrights arising out of such selection.The City
agrees to defend, indemnify and hold CBHC harmless from any suits or claims of infringement of any
patent rights or copyrights arising out of any patented or copyrighted materials, methods or systems
specified by the City and Architect/Engineer.
10.7 BONDS
10.7.1 Performance and Payment Bonds
(Mark one only)
are XX/are not
required of CBHC. Such bonds shall be issued by a surety admitted in the State in which the Project
is located and must be acceptable to the City.City's acceptance shall not be withheld without
reasonable cause.The penal sum of the Payment Bond and of the Performance Bond shall each be
100%of the original Contract Price.Any increase in the Contract Price that exceeds 10%in the
aggregate shall require a rider to the Bonds increasing penal sums accordingly. Up to such 10%
amount,the penal sum of the bond shall remain equal to 100%of the Contract Price. CBHC shall
endeavor to keep its surety advised of changes potentially impacting the Contract Time and Contract
Price,though CBHC shall require that its surety waives any requirement to be notified of any
alteration or extension of time. CBHC's Payment Bond for the Project, if any,shall be made
available by the City for review and copying by the Subcontractor.
ARTICLE 11
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SUSPENSION, NOTICE TO CURE AND TERMINATION OF THE AGREEMENT
11.1 SUSPENSION BY OWNER FOR CONVENIENCE
11.1.1 OWNER SUSPENSION Should the City order CBHC in writing to suspend,delay, or
interrupt the performance of the Work for such period of time as may be determined to be
appropriate for the convenience of the City and not due to any act or omission of CBHC or any
person or entity for whose acts or omissions CBHC may be liable,then CBHC shall immediately
suspend,delay or interrupt that portion of the Work as ordered by the City.The Contract Price and
the Contract Time shall be equitably adjusted by Change Order for the cost and delay resulting from
any such suspension.
11.1.2 Any action taken by the City that is permitted by any other provision of the Contract
Documents and that results in a suspension of part or all of the Work does not constitute a
suspension of Work under this Paragraph 11.1.
11.2 NOTICE TO CURE A DEFAULT If CBHC persistently refuses or fails to supply enough properly
skilled workers, proper materials,or equipment,to maintain the approved Schedule of the Work in
accordance with Article 6, or fails to make prompt payment to its workers, Subcontractors or Material
Suppliers,disregards laws,ordinances, rules,regulations or orders of any public authority having
jurisdiction, or is otherwise guilty of a material breach of a provision of this Agreement, CBHC may be
deemed in default. If CBHC fails within seven(7)Days after receipt of written notification to commence and
continue satisfactory correction of such default with diligence and promptness,then the City shall give
CBHC a second notice to correct the default within a three(3) Days period.If CBHC fails to promptly
commence and continue satisfactory correction of the default following receipt of such second notice,the
City without prejudice to any other rights or remedies may:
11.2.1 supply workers and materials,equipment and other facilities as the City deems necessary for
the satisfactory correction of the default,and charge the cost to CBHC,who shall be liable for the
payment of same including reasonable Overhead,profit and attorneys'fees;
11.2.2 contract with Others to perform such part of the Work as the City determines shall provide
the most expeditious correction of the default,and charge the cost to CBHC;
11.2.3 withhold payment due CBHC in accordance with Paragraph 9.3;and
11.2.4 in the event of an emergency affecting the safety of persons or property, immediately
commence and continue satisfactory correction of such default as provided in Subparagraphs 11.2.1
and 11.2.2 without first giving written notice to CBHC,but shall give prompt written notice of such
action to CBHC following commencement of the action.
11.3 OWNER'S RIGHT TO TERMINATE FOR DEFAULT
11.3.1 TERMINATION BY OWNER FOR DEFAULT If,within seven(7)Days of receipt of a notice
to cure pursuant to Paragraph 11.2, CBHC fails to commence and satisfactorily continue correction
of the default set forth in the notice to cure,the City may notify CBHC that it intends to terminate
this Agreement for default absent appropriate corrective action within fourteen(14) additional Days.
After the expiration of the additional fourteen(14) Days period,the City may terminate this
Agreement by written notice absent appropriate corrective action.Termination for default is in
addition to any other remedies available to City under Paragraph 11.2. If the City's cost arising out of
CBHC's failure to cure, including the cost of completing the Work and reasonable attorneys'fees,
exceeds the unpaid Contract Price,CBHC shall be liable to the City for such excess costs. If the
City's costs are less than the unpaid Contract Price,the City shall pay the difference to CBHC. In
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the event the City exercises its rights under this Paragraph 11.3, upon the request of CBHC the City
shall furnish to CBHC a detailed accounting of the cost incurred by the City.
11.3.2 USE OF CONTRACTOR'S MATERIALS, SUPPLIES AND EQUIPMENT If the City or Others
perform work under this Paragraph 11.3,the City shall have the right to take and use any materials,
supplies and equipment belonging to CBHC and located at the Worksite for the purpose of
completing any remaining Work. Immediately upon completion of the Work,any remaining materials,
supplies or equipment not consumed or incorporated in the Work shall be returned to CBHC in
substantially the same condition as when they were taken,reasonable wear and tear excepted.
11.3.3 If CBHC files a petition under the Bankruptcy Code,this Agreement shall terminate if CBHC
or CBHC's trustee rejects the Agreement or, if there has been a default,CBHC is unable to give
adequate assurance that CBHC will perform as required by this Agreement or otherwise is unable to
comply with the requirements for assuming this Agreement under the applicable provisions of the
Bankruptcy Code.
11.3.4 The City shall make reasonable efforts to mitigate damages arising from CBHC default,and
shall promptly invoice CBHC for all amounts due pursuant to Paragraphs 11.2 and 11.3.
11.4 TERMINATION BY OWNER FOR CONVENIENCE
11.4.1 Upon written notice to CBHC,the City may,without cause,terminate this Agreement.CBHC
shall immediately stop the Work,follow the City's instructions regarding shutdown and termination
procedures,and strive to minimize any further costs.
11.4.2 If the City terminates this Agreement pursuant to this Paragraph 11.4, CBHC shall be paid:
11.4.2.1 for the Work performed to date including overhead and profit;
11.4.2.2 for all demobilization costs and costs incurred as a result of the termination but not
including overhead or profit on work not performed;
11.4.2.3 and shall receive a premium as set forth in a schedule below. (Insert here the
schedule agreed to by the Parties.)
11.4.3 If the City terminates this Agreement pursuant to Paragraphs 11.3 or 11.4, CBHC shall:
11.4.3.1 execute and deliver to the City all papers and take all action required to assign,
transfer and vest in the City the rights of CBHC to all materials,supplies and equipment for
which payment has or will be made in accordance with the Contract Documents and all
Subcontracts,orders and commitments which have been made in accordance with the
Contract Documents;
11.4.3.2 exert reasonable effort to reduce to a minimum the City's liability for subcontracts,
orders and commitments that have not been fulfilled at the time of the termination;
11.4.3.3 cancel any Subcontracts,orders and commitments as the City directs;and
11.4.3.4 sell at prices approved by the City any materials,supplies and equipment as the City
directs, with all proceeds paid or credited to the City.
11.5 CONTRACTOR'S RIGHT TO TERMINATE
11.5.1 Upon seven(7)Days'written notice to the City,CBHC may terminate this Agreement if the
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II
Work has been stopped for a thirty(30) Days period through no fault of CBHC for any of the
following reasons:
11.5.1.1 under court order or order of other governmental authorities having jurisdiction;
11.5.1.2 as a result of the declaration of a national emergency or other governmental act
during which,through no act or fault of CBHC, materials are not available;or
11.5.1.3 suspension by City for convenience pursuant to Paragraph 11.1
11.5.2 In addition, upon seven(7) Days'written notice to the City,CBHC may terminate the
Agreement if the City:
11.5.2.1 fails to furnish reasonable evidence pursuant to Paragraph 4.2 that sufficient funds
are available and committed for Project financing,or
11.5.2.2 assigns this Agreement over CBHC's reasonable objection,or
11.5.2.3 fails to pay CBHC in accordance with this Agreement and CBHC has complied with
the notice provisions of Paragraph 9.5,or
11.5.2.4 otherwise materially breaches this Agreement.
11.5.3 Upon termination by CBHC in accordance with Paragraph 11.5, CBHC shall be entitled to
recover from the City payment for all Work executed and for any proven loss, cost or expense in
connection with the Work,including all demobilization costs plus reasonable overhead and profit on
Work not performed.
11.6 OBLIGATIONS ARISING BEFORE TERMINATION Even after termination pursuant to Article 11,
the provisions of this Agreement still apply to any Work performed,payments made, events occurring,
costs charged or incurred or obligations arising before the termination date.
ARTICLE 12
DISPUTE MITIGATION AND RESOLUTION
12.1 WORK CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, CBHC shall continue
the Work and maintain the Schedule of the Work during any dispute mitigation or resolution proceedings.
If CBHC continues to perform,the City shall continue to make payments in accordance with this
Agreement.
12.2 DIRECT DISCUSSIONS If the Parties cannot reach resolution on a matter relating to or arising out
of the Agreement,the Parties shall endeavor to reach resolution through good faith direct discussions
between the Parties'representatives,who shall possess the necessary authority to resolve such matter
and who shall record the date of first discussions. If the Parties'representatives are not able to resolve
such matter within five (5)business Days of the date of first discussion,the Parties'representatives shall
immediately inform senior executives of the Parties in writing that resolution was not effected. Upon
receipt of such notice,senior executives of the Parties shall meet within five(5)business Days to
endeavor to reach resolution. If the dispute remains unresolved after fifteen(15) Days from the date of first
discussion,the Parties shall submit such matter to the dispute mitigation and dispute resolution
procedures selected herein.
12.3 MITIGATION If the Parties select one of the dispute mitigation procedures provided in this
Paragraph 12.3,disputes remaining unresolved after direct discussions shall be directed to the selected
mitigation procedure. The dispute mitigation procedure shall result in a nonbinding finding on the matter,
30
which may be introduced as evidence at a subsequent binding adjudication of the matter,as designated in
Paragraph 12.5. The Parties agree that the dispute mitigation procedure shall be
(Designate only one):
XX Dispute Review Board
12.3.1 MITIGATION PROCEDURES The Project Neutral/Dispute Review Board shall be mutually
selected and appointed by the Parties and shall execute a retainer agreement with the Parties
establishing the scope of the Project Neutral/Dispute Review Board's responsibilities.The costs and
expenses of the Project Neutral/Dispute Review Board shall be shared equally by the Parties.The
Project NeutraVDispute Review Board shall be available to either Party,upon request,throughout the
course of the Project, and shall make regular visits to the Project so as to maintain an up-to-date
understanding of the Project progress and issues and to enable the Project Neutral/Dispute Review
Board to address matters in dispute between the Parties promptly and knowledgeably. The Project
Neutral/Dispute Review Board shall issue nonbinding findings within five(5)business Days of
referral of the matter to the Project Neutral,unless good cause is shown.
12.3.2 If the matter remains unresolved following the issuance of the nonbinding finding by the
mitigation procedure or if the Project Neutral/Dispute Review Board fails to issue nonbinding findings
within five(5)business Days of the referral,the Parties shall submit the matter to the binding dispute
resolution procedure designated in Paragraph 12.5.
12.4 MEDIATION If direct discussions pursuant to Paragraph 12.2 do not result in resolution of the
matter and no dispute mitigation procedure is selected under Paragraph 12.3, the Parties shall endeavor
to resolve the matter by mediation through the current Construction Industry Mediation Rules of the
American Arbitration Association, or the Parties may mutually agree to select another set of mediation
rules.The administration of the mediation shall be as mutually agreed by the Parties.The mediation shall
be convened within thirty(30)business Days of the matter first being discussed and shall conclude within
forty-five(45)business Days of the matter first being discussed.Either Party may terminate the mediation
at any time after the first session,but the decision to terminate shall be delivered in person by the
terminating Party to the non-terminating Party and to the mediator.The costs of the mediation shall be
shared equally by the Parties.
12.5 BINDING DISPUTE RESOLUTION If the matter is unresolved after submission of the matter to a
mitigation procedure or to mediation,the Parties shall submit the matter to the binding dispute resolution
procedure designated herein.
(Designate only one:)
XX Litigation in either the state or federal court having jurisdiction of the matter in the location
of the Project.
12.5.1 The costs of any binding dispute resolution procedures shall be borne by the non-prevailing
Party,as determined by the adjudicator of the dispute.
12.5.2 VENUE The venue of any binding dispute resolution procedure shall be the location of the
Project, unless the Parties agree on a mutually convenient location.
12.6 MULTIPARTY PROCEEDING All parties necessary to resolve a matter shall be parties to the same
dispute resolution procedure.Appropriate provisions shall be included in all other contracts relating to the
Work to provide for the joinder or consolidation of such dispute resolution procedures.
12.7 LIEN RIGHTS Nothing in this Article 12 shall limit any rights or remedies not expressly waived by
31
CBHC that CBHC may have under lien laws.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 ASSIGNMENT Neither the City nor CBHC shall assign their interest in this Agreement without the
written consent of the other except as to the assignment of proceeds.The terms and conditions of this
Agreement shall be binding upon both Parties,their partners, successors, assigns and legal
representatives.Neither Party to this Agreement shall assign the Agreement as a whole without written
consent of the other except that the City may assign the Agreement to a wholly owned subsidiary of City
when City has fully indemnified CBHC or to an institutional lender providing construction financing for the
Project as long as the assignment is no less favorable to CBHC than this Agreement. In the event of such
assignment,CBHC shall execute any consents reasonably required. In such event,the wholly-owned
subsidiary or lender shall assume the City's rights and obligations under the Contract Documents. If either
Party attempts to make such an assignment,that Party shall nevertheless remain legally responsible for
all obligations under this Agreement, unless otherwise agreed by the other Party.
13.2 GOVERNING LAW This Agreement shall be governed by the law in effect at the location of the
Project.
13.3 SEVERABILITY The partial or complete invalidity of any one or more provisions of this Agreement
shall not affect the validity or continuing force and effect of any other provision.
13.4 NO WAIVER OF PERFORMANCE The failure of either Party to insist, in any one or more
instances,on the performance of any of the terms, covenants or conditions of this Agreement,or to
exercise any of its rights,shall not be construed as a waiver or relinquishment of such term,covenant,
condition or right with respect to further performance or any other term,covenant,condition or right.
13.5 TITLES AND GROUPINGS The titles given to the articles of this Agreement are for ease of
reference only and shall not be relied upon or cited for any other purpose.The grouping of the articles in
this Agreement and of the City's specifications under the various headings is solely for the purpose of
convenient organization and in no event shall the grouping of provisions,the use of paragraphs or the use
of headings be construed to limit or alter the meaning of any provisions.
13.6 JOINT DRAFTING The Parties expressly agree that this Agreement was jointly drafted, and that
both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms
prior to execution.Therefore,this Agreement shall be construed neither against nor in favor of either
Party,but shall be construed in a neutral manner.
13.7 RIGHTS AND REMEDIES The Parties'rights, liabilities,responsibilities and remedies with respect
to this Agreement, whether in contract, tort,negligence or otherwise, shall be exclusively those expressly
set forth in this Agreement.
13.8 OTHER PROVISIONS
ARTICLE 14
CONTRACT DOCUMENTS
14.1 The Contract Documents in existence at the time of execution of this Agreement are as follows and
all are attached:
32
Exhibit 1 -Plan Pages
Exhibit 2-Specifications(By Reference)
Exhibit 3-Addendums (#1 dated 1-19-10,#2 dated 1-21-10 and#3 dated 1-24-10)
Exhibit 4-CBHC Scope Clarifications
Exhibit 5 -Schedule for Completion
Exhibit 6- Price Proposal
Exhibit 7-Certification of Lobbying
Exhibit 8-Affirmative Action Programs
Exhibit 9- Drug Free Workplace
Exhibit 10-HUD Compliance
Exhibit 11-EEOC for Contractors Not Subject to Executive Order 11246
Exhibit 12-Disabled Veterans
Exhibit 13- Equal Opportunity for Workers with Disabilities
Exhibit 14- EEOC Contractors Subject to Executive Order 11246
Exhibit 15-Nonsegregated Facilities
Exhibit 16-Clean Water and Air
Exhibit 17-Federal Regulations
Exhibit 18-Debarment,Suspension
Exhibit 19-Public Entity Crimes
Exhibit 20-Wage Decision Certification
Exhibit 21 -OSHA Standards
Exhibit 22-Trench Safety Compliance
Exhibit 23-Subcontractor Non Segregated
Exhibti 24-Other Required Certifications
Exhibit 25-Non Collusion Affidavit
Exhibit 26-Asbestos Mitigation Report
Exhibit 27-Bidders Initial Section 3 Goals
14.2 INTERPRETATION OF CONTRACT DOCUMENTS
14.2.1 The drawings and specifications are complementary. If Work is shown only on one but not on
the other, CBHC shall perform the Work as though fully described on both consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce the
33
indicated results.
14.2.2 In case of conflicts between the drawings and specifications,the specifications shall govern.
In any case of omissions or errors in figures,drawings or specifications,CBHC shalt immediately
submit the matter to the City for clarification.The City's clarifications are final and binding on all
Parties,subject to an equitable adjustment in Contract Time or Price pursuant to Articles 6 and 7 or
dispute resolution in accordance with Article 12.
14.2.3 Where figures are given,they shall be preferred to scaled dimensions.
14.2.4 Any terms that have well-known technical or trade meanings,unless otherwise specifically
defined in this Agreement, shall be interpreted in accordance with their well-known meanings.
14.2.5 In case of any inconsistency,conflict or ambiguity among the Contract Documents,the
documents shall govern in the following order: (a)Change Orders and written amendments to this
Agreement; (b)this Agreement;(c)subject to Subparagraph 14.2.2 the drawings(large scale
governing over small scale), (d)CBHC Scope Clarifications, (e)addenda and specifications issued
prior to the execution of this Agreement;(f)approved submittals;(g)information furnished by the
City pursuant to Paragraph 4.3;(h)other documents listed in this Agreement.Among categories of
documents having the same order of precedence,the term or provision that includes the latest date
shall control.Information identified in one Contract Document and not identified in another shall not
be considered a conflict or inconsistency.
This Agreement is entered into as of the date entered in Article 1.
ATTEST:
OWNER:City of Opa Locka
BY:
PRINT NAME Clarence Patterson
PRINT TITLE City Manager
ATTEST:
Greenspoon Marder,P.A.
BY:
PRINT NAME Joseph S.Geller, ESQ
PRINT TITLE City Attorney
ATTEST:
OWNER:City of Opa Locka
BY:
PRINT NAME Deborah Irby TITLE:City Clerk
34
ATTEST:..........r ..
CONTRACT*-:CBHC, LLC.
BY:..
PRINT NAME Michael C.Taylor
PRINT TITLE Managing Member
ATTEST:
CONTRA OR: -.C, LLC.
= /V
BY: �I
PRINT NAME H:a Crespo
State of Florida)
County of Miami-Dade)
BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared as of
,a Florida Corporation and acknowledged executed the foregoing
Agreement as the proper official of ,for the use and purposes
mentioned in it and affixed the official seal of the corporation,and that the instrument is the act and
deed of that corporation.
IN WITNESS OF THE FOREGOING,I have set me hand and official seal at in the State and County
aforesaid on this day of 2010.
NOTARY PUBLIC
My Commission Expires:
35
Exhibit 1
Plan Pages
For
Sherbondy Village Community Center
Architect: General Design Professionals, Inc.
Date: September 14,2009/General Revision September 29,2009
Page No. Page Description Original Draw Latest Revision
Date Date
OOA Cover Sheet Page not included
00B Index of Drawings 9/14/09 9/29/09
C01 Demolition Site Plan 4/9/09
C01.5 Phase 1 Construction 7/1/09
CO2 Proposed Site Plan 7/1/09 9/29/09
CO3 Proposed Drainage Plan 7/1/09 9/29/09
C04 Proposed Cross Section 7/1/09
C05 Proposed Water&Main Sanitary
Sewer 7/1/09 9/26/09
C06 Pavement Marking 7/1/09
C07 Landscaping 7/1/09 9/28/09
C08 Proposed Basketball Court 7/1/09
C09 Not Used
C10 Details 9/28/09
C11 Details 4/9/09
A01 Survey Plan 12/21/07
A02 Existing Site Plan 7/1/09
A03 Site Demolition Plan 7/1/09
A04 Proposed Site Plan 7/1/09
A04.B Phasing Sheet Page not included
ADS 1st Level Floor Plan 8/1/09 10/7/09
A06 2nd Level Floor Plan 8/1/09 9/29/09
A06.5 Roof Plan 8/14/09 9J29/09
A07. Building Section 7/1/09
A08 Building Section 7/1/09 9/27/09
A09 Building Section 7/1/09
A10 Building Section 7/1/09 9/27/09
All Building Section 4/9/09
Al2 Building Elevation 4/9/09 9/14/09
A13 Building Elevation 4/9/09 10/7/09
A14 Building Elevation 4/9/09 9/14/09
Al5 Building Elevation 4/9/09 9/14/09
A16 Reflected Ceiling Plan (1st Floor) 7/1/09
A17 Reflected Ceiling Plan (2nd Floor) 7/1/09 9/27/09
A18 Enlarged Bathroom 7/1/09 9/14/09
r
Exhibit 1 - Page 1 of 4
Exhibit 1
Plan Pages
For
Sherbondy Village Community Center
Architect: General Design Professionals, Inc.
Date: September 14,2009/General Revision September 29,2009
Page No. Page Description Original Draw Latest Revision
Date Date
A19 Restroom Legend 7/1/09
A20 Interior Elevations 7/1/09
A21 Interior Elevations 7/1/09
A22 Not Used
A23 Material & Interior Finishes 7/1/09 9/28/09
A24 Wall Sections 7/1/09
A25 Wall Sections/Details 7/1/09
A26 Exterior Details 7/1/09
A27 Not Used
A28 Partition Wall Sections 7/1/09
A29 Partition Wall Sections 7/1/09
A30 Partition Wall Sections 7/1/09
A31 Partition Wail Sections 7/1/09
A32 Not Used
A33 Not Used
A34 Not Used
A35 Not Used
A36 Typical ADA Parking&Elevations 8/1/09
A37 Stair Plans 4/9/09 9/14/09
A38 Stair Sections/Details 4/9/09 9/27/09
A39 Door Schedule 4/9/09 9/27/09
A40 Door Details 4/9/09
A41 Life Safety General Notes 7/1/09
A42_ Life Safety Site Plan 7/1/09
A43 Life Safety 1st Level Floor Plan 7/1/09 9/27/09
A44 Life Safety 2nd Level Floor Plan 7/1/09 9/27/09
A45 Fire Resistive Design 7/1/09
A46 Fire Resistive Design 7/1/09
A47 Fire Resistive Design 7/1/09
51 Structural Notes 8/1/09
52 Location Map/Jobsite 8/1/09
S3 Foundation Plan 8/1/09 9/28/09
S4 Foundation Floor Plan/Swimming
Pool Plan Page not included
S5 2nd Floor Framing Plan 9/14/09
S6 Roof Framing Plan 8/1/09
Exhibit 1 Page 2 of 4
Exhibit 1
Plan Pages
For
Sherbondy Village Community Center
Architect: General Design Professionals,Inc.
Date: September 14,2009/General Revision September 29,2009
Page No. Page Description Original Draw Latest Revision
Date Date
S7 Swimming Pool Notes and Details 8/1/09
58 Window&Door Wind Pressures
North Elevations 4/9/09 9/26/09
S9 Window&Door Pressures
South Elevations 7/1/09 9/26/09
S10 Window&Door Pressures
West Elevations 7/1/09 9/26/09
511 Window&Door Pressures
East Elevations 7/1/09 9/26/09
S12 Wall Sections 8/1/09
S13 Theater&Stage Area Sections 8/1/09
S14 Elevator Pit&Stair Sections 8/1/09
515 Building Sections 8/1/09
S16 Theater&Stage Beams 8/1/09
S17 Theater Roof Sections 8/1/09
518 Gymnasium Roof Section 8/1/09
519 Stair Sections 8/1/09
S20 Roof Beam Sections 8/1/09
521 Roof Beam Sections 8/1/09
S22 Floor Beam Sections 8/1/09
S23 Floor Beam Sections 8/1/09
P01 1st Floor Plan—Sanitary 8/1/09 9/26/09
P02 15t Floor Plan—Water Supply 8/1/09
P03 2nd Floor Plan—Sanitary 8/1/09 9/26/09
PO4 2nd Floor Plan—Water Supply 8/1/09 9/14/09
P05 Not Used
P06 Isometric Riser Diagrams 8/1/09 9/14/09
P06.5 Isometric Riser Diagrams 8/1/09 9/14/09
P07 Notes, Details,Schedule& Legend 8/1/09 9/26/09
P08 Details 8/1/09
SP01 1st Floor Plan Fire Protection 8/1/09
SP02 2nd Floor Plan Fire Protection 8/1/09
SP03 Notes&Details Fire Protection 8/1/09
SP04 Details Fire Protection 9/14/09
M01 15t Floor Plan HVAC 8/1/09 9/29/09
M02 2nd Floor Plan HVAC 8/1/09 9/29/09
<- I.
Exhibit 1 - Page 3 of 4
Exhibit 1
Plan Pages
For
Sherbondy Village Community Center
Architect: General Design Professionals, Inc.
Date: September 14,2009/General Revision September 29,2009
Page No. Page Description Original Draw Latest Revision
Date Date
M03 Not Used
M04 Notes Schedules and Legends 8/1/09 9/29/09
M05 Details 8/1/09
M06 Details 8/1/09
PHO1 Proposed Site Plan Photometric 7/1/09
ES01 Proposed Site Plan Electrical 8/1/09 9/14/09
ES02 Electrical Detail&Symbols 8/1/09
E01 1g Floor Plan Power 7/1/09 9/28/09
E02 1g Floor Plan Lighting 7/1/09 9/28/09
E03 2nd Floor Plan Power 7/1/09 9/28/09
E04 2"d Floor Plan Lighting 7/1/09 9/28/09
E05 Remote Toilets Floor 7/1/09 9/14/09
E06 Electrical Riser Diagram 7/1/09 9/28/09
E07 Telephone and TV Riser Diagram 8/1/09
E08 Panel Schedules 8/1/09
E09 Panel Schedules 7/1/09 9/28/09
E10 Dimmer Board and Lighting Fixture
Schedules 7/1/09 9/28/09
E11 Notes,Symbols and Details 8/1/09
FA01 15t Floor Fire Alarm 7/1/09 9/28/09
FA02 2nd Floor Fire Alarm 7/1/09 9/28/09
FA03 Fire Alarm Riser Diagram Notes
&Symbols 7/1/09 11/3/09
Supplemental Bidding Documents:
Project Specification, prepared by The City of Opa Locka,dated December 2009
Addenda#1, prepared by The City of Opa Locka,dated January 19,2010
Addenda#2, prepared by The City of Opa Locka,dated January 21,2010
Addenda#3, prepared by The City of Opa Locka,dated January 24, 2010
Exhibit 1 - Page 4 of 4
Exhibit 2
TABLE OF CONTENTS
FOR
Community Center
Sherbondy Village
City of Opa-Locka, Florida
VOLUME I
SECTIONS:
SECTION 00020 NOTICE OF REQUEST FOR PROPOSALS
SECTION 00200 INSTRUCTIONS TO PROPONENTS
SECTION 00250 SUPPLEMENTAL INSTRUCTIONS TO PROPONENTS
SECTION 00300 REQUEST FOR PROPOSAL
SECTION 00350 CONTRACTOR'S QUESTIONNAIRE
SECTION 00410 PROPOSAL BOND
SECTION 00500 CONTRACT
SECTION 00610 PERFORMANCE BOND
SECTION 00620 PAYMENT BOND
SECTION 00650 CERTIFICATE OF INSURANCE
SECTION 00660 ACKNOWLEDGEMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS
SECTION 00665 TRENCH SAFETY ACT COMPLIANCE
SECTION 00700 GENERAL CONDITIONS
SECTION 00800 SUPPLEMENTARY CONDITIONS
SECTION 00810 SUPPLEMENTARY TECHNICAL SPECIFCATIONS
SECTION 00900 ADDENDUM
VOLUME II All specifications dated July 2009
DIVISION 1 GENERAL REQUIREMENTS
SECTION 01010 SUMMARY OF WORK
SECTION 01025 MEASUREMENT AND PAYMENT
SECTION 01027 APPLICATION FOR PAYMENT
SECTION 01035 MODIFICATION PROCEEDURES
SECTION 01040 COORDINATION
SECTION 01045 CUTTING AND PATCHING
SECTION 01050 FIELD ENGINEERING
SECTION 01200 PROJECT MEETINGS
SECTION 01300 SUBMITTALS
SECTION 01400 QUALITY CONTROL
SECTION 01421 REFERENCE STANDARDS AND DEFINTIONS
SECTION 01500 CONSTRUCTION FACILITIES&TEMPORARY CONTROLS
SECTION 01600 MATERIALS AND EQUIPMENT
SECTION 01631 SUBSTITUTIONS
DIVISION 2-SITE CONSTRUCTION
SECTION 02080 UTILITY MATERIALS
SECTION 02230 SITE CLEARING "1/0"°''
SECTION 02300 EARTHWORK
SECTION 02361 TERMITE CONTROL
SECTION 02510 WATER DISTRIBUTION
SECTION 02511 HOT MIX ASPHALT
SECTION 02530 SANITARY SEWAGE
Exhibit 2 - Page 1 of 5
SECTION 02630 STORMWATER DRAINAGE
SECTION 02780 UNIT PAVERS
SECTION 02810 IRRIGATION SYSTEM
SECTION 02900 LANDSCAPING
DIVISION 3 - CONCRETE
SECTION 03300 CAST-IN-PLACE CONCRETE
SECTION 03355 SPECIAL CONCRETE FINISHES
SECTION 03410 STRUCTURAL PRE-CAST CONCRETE(PLANT CAST)
CCOTION 034G0 AROI IITEOTURAL f RC OACT OOPJORETE(I'LAPJT OACT)
SECTION 03520 INSULATING CONCRETE DECKS
DIVISION 4-MASONARY
SECTION 04810 UNIT MASONARY ASSEMBLIES
DIVISION 5-METALS
SECTION 05120 STRUCTURAL STEEL
SECTION 05210 STEEL JOISTS
SECTION 05310 STEEL DECK
SECTION 05400 COLD-FORMED METAL FRAMING
SECTION 05500 METAL FABRICATIONS
CECTIOPJ 05611 METAL CTAIRC
SECTION 05521 PIPE AND TUBE RAILS
SECTION 05530 GRATINGS
SECTION 05580 FORMED METAL FABRICATIONS
SECTION 05700 ORNAMENTAL METAL
CECTIOPJ 05715 FABRICATED CI'IRAL 6TAIRC
SECTION 05720 ORNAMENTAL HANDRAILS AND RAILINGS
DIVISION 6 - WOOD AND PLASTICS
SECTION 06105 MISCELLANEOUS CARPENTRY
SECTION 06402 INTERIOR ARCHITECTURAL WOODWORK
DIVISION 7-THERMAL AND MOISTURE PROTECTION
SECTION 07111 COMPOSITE SHEET WATERPROOFING
SECTION 07121 OLD FLUID APPLIED WATERPROOFING
SECTION 07130 PRE-APPLIED INTEGRALLY BONDED SHEET MEMBRANE
WATERPROOFING
SECTION 07135 SHEET MEMBRANE WATERPROOFING
SECTION 07190 WATER REPLENNENTS
SECTION 07210 BUILDING INSULATION
SECTION 07525 MODIFIED BITUMINOUS SHEET ROOFING
SECTION 07551 APP-MODIFIED BITUMINOUS MEMBRANE ROOFING
SECTION 07620 SHEET METAL FLASHING
SECTION 07710 MANUFACTURED ROOF SPECIALTIES
SECTION 07720 ROOF ACCESSORIES
SECTION 07920 JOINT SEALANTS !.'
Exhibit 2 - Page 2 of
VOLUME III
DIVISION 8-WINDOWS AND DOORS
SECTION 08110 STEEL DOORS AND FRAMES
SECTION 08114 CUSTOM STEEL DOORS AND FRAMES
SECTION 08211 FLUSH WOOD DOORS
SECTION 08305 ACCESS DOORS
SECTION 08331 OVERHEAD COILING DOORS
SECTION 08334 OVERHEAD COILING GRILLES
SECTION 08351 FOLDING DOORS
SECTION 08410 ALUMINUM ENTRANCES AND STOREFRONTS
SECTION 08461 SLIDING AUTOMATIC ENTRANCE DOORS
SECTION 08520 ALUMINUM WINDOWS
SECTION 08711 DOOR HARDWARE
SECTION 08746 ADA OPERATIONS
SECTION 08800 GLAZING
SECTION 08814 MIRRORED GLASS
SECTION 08920 GLAZED CURTAIN WALLS
DIVISION 9-FINISHES
SECTION 09220 PORTLAND CEMENT PLASTER
SECTION 09255 GYPSUM BOARD ASSEMBLIES
SECTION 09310 CERAMIC TILE
3ECTION 09400 TERRAZZO
SECTION 09511 ACOUSTICAL PANEL CEILINGS
3ECTION 09320 ACOU3TICAL WALL TREATMENT
SECTION 09640 WOOD FLOORING
SECTION 09644 WOOD ATHLETIC FLOORING ASSEMBLIES
SECTION 09651 RESILIENT TILE FLOORING
SECTION 09652 SHEET VINYL FLOOR COVERINGS
SECTION 09653 RESILIENT WALL BASE AND ACCESSORIES
SECTION 09680 CARPET
SECTION 09841 ACOUSTICAL WALL PANELS
SECTION 09900 PAINTING
SECTION 09950 WALL COVERINGS
DIVISION 10-SPECIALTIES
SECTION 10100 VISUAL DISPLAY BOARDS
SECTION 10155 TOILET COMPARTMENTS
SECTION 10200 LOUVERS AND VENTS
3COTION 1G205 IMPACT RE3I3TANT WALL PROTECTION
SECTION 10350 FLAG POLES
OCOTICN 10410 DIRCBTORRC3 AMD DULLCi TINC1)OM D9
SECTION 10425 SIGNS
OCO RON 10505 CTAL LOOKERO
SECTION 10520 FIRE PROTECTION SPECIALTIES
OEOTION 10061 -or-Er-ABLE PANEL f ARWION8
OCOTION 106X A000RDION POLBINO PAR R IONO
SECTION 10700 FABRIC AWNINCS
3ECTION 1070 TELEPI IONE 3PECf LTIC3
SECTION 10801 TOILET AND BATH ACCESSORIES
DIVISION 11-EQUIPMENT
3ECTION 11006 T'ICATi21CAL 3TAOC EQUIPMENT
OEORON 11101 LeADINO DOOICEQUIPMENT
OCOTION 11451' RESIDENTIAL APPLIANCEO
Exhibit 2 - Page 3 of
VOLUME IV
DIVISION 12—FURNISHINGS
CEOTION 11\35C KITCHEN OAOEWORK
CECTIOPI 1641 I IORIZOPITAL LOUVER BLINDS
CECTIOPI 1612 VERTICAL LOUVER DLINDC
CECTION 12C00 FLOOR MATE AND 1R,\MEC
CEOTION 12710 FIXED AUDIENCE CEATIPJO
Division 13—HVAC AND MECHANICAL SYSTEMS
SECTION 13851 FIRE ALARM
SECTION 13970 HVAC CONTROL SYSTEM
Division 14-ELEVATORS
SECTION 14240 HYDRAULIC PASSENGER ELEVATORS
Division 15-MECHANICAL& PLUMBING
SECTION 15010 GENRAL PROVISIONS
SECTION 15023 CODES AND STANDARDS
SECTION 15030 ELECTRICAL REQUIREMENTS FOR MECHANICAL EQUIPMENT
SECTION 15042 TESTS (HVAC)
SECTION 15044 GENERAL COMPLTION (HVAC)
SECTION 15047 IDENTIFICATION
SECTION 15051 MECHANICAL SUPPORT SYSTEMS
SECTION 15080 PIPING SPECIALTIES (PLUMBING)
SECTION 15185 PUMPS
SECTION 15240 VIBRATION ISOLATION
SECTION 15251 THERAMAL INSULATION (HVAC)
SECTION 15300 FIRE PROTECTION SYSTEM
SECTION 15310 FIRE PROTECTION PIPE AND FITTINGS
SECTION 15410 PIPING (PLUMBING)
SECTION 15421 DRAINS, FLOOR SINKS AND CLEANOUTS
SECTION 15430 VALVES, COCKS AND FAUCETS(PLUMBING)
SECTION 15440 PLUMBING FIXTURES
SECTION 15457 WATER HEATERS
SECTION 15510 PIPING (HVAC)
SECTION 15515 VALVES AND SPECIALITIES(HVAC)
SECTION 15670 SPLIT A/C UNIT(AIR CONDENSER UNITS)
SECTION 15775 AIR FILTRATION
SECTION 15855 AIR HANDLING UNITS
SECTION 15861 AIR MOVING EQUIPMENT
SECTION 15890 DUCTWORK
SECTION 15910 DUCT ACCESSORIES
SECTION 15932 AIR OUTLETS AND INLETS
SECTION 15970 HVAC CONTROLS
SECTION 15991 TESTING AND BALANCING
Exhibit 2 - Page 4 of 5
DIVISION 16—ELECTRICAL
SECTION 16010 BASIC SECTION ELECTRICAL REQUIREMENTS
SECTION 16023 CODES AND STANDARDS
SECTION 16050 BASIC ELECTRICAL MATERIALS AND METHODS
SECTION 16120 WIRES AND CABLES
SECTION 16121 CONTROLS/SIGNALS TRANSMISSION MEDIA
SECTION 16130 RACEWAYS AND BOXES
SECTION 16131 OUTLETS, PULL AND JUCTION BOXES
SECTION 16132 FLOOR BOXES
SECTION 16135 ELECTRICAL BOXES AND FITTINGS
SECTION 16142 ELECTRICAL CONNECTIONS AND EQUIPMENT
SECTION 16143 WIRING DEVICES
SECTION 16160 TERMINAL CABINETS
SECTION 16170 CIRCUIT AND MOTOR DISCONNECTS
SECTION 16190 SUPPORTING DEVICES
SECTION 16195 ELECTRICAL IDENTIFICATION
SECTION 10231 PACKAGED ENOINE GENERATORS
SECTION 16402 ELECTRICAL SITE UTILITIES
SECTION 16415 TRANSFER SWITCHES
SECTION 16440 DISCONNECT SWITCHES
SECTION 16452 GROUNDING
SECTION 16460 DRY-TYPE TRANSFORMERS
SECTION 16470 PANELBOARDS
SECTION 16475 OVERCURRENT PROTECTION DEVICES
SECTION 16510 INTERIOR LIGHTING FIXTURES
SECTION 16511 LIGHTING FIXTURES AND LAMPS
SECTION 16512 EXTERIOR LIGHTING FIXTURES
SECTION 16535 EMERGENCY LIGHTING
SECTION 16700 TELEPHONE SYSTEM
SECTION 16710 PREMISE TELEPHONE WIRING
SECTION 16721 FIRE ALARM SYSTEM
MOTION 10740 COM iUNIOATIONB AND DATA-PRCOEOOINO EQUIr MCNT
MOTION 10786 TEtEVIOION OYOTEM3
General Design Professionals, Inc.
28 SW 23rd Road
Miami, FL 33129
Exhibit 2 - Page 5 of 5
Exhibit 3
SHERBONDY PARK COMMUNITY CENTER
RFP 10-1025
NEWADDENDUM# 1
(Issued Date 1/19/2010)
The following are answers to selected questions submitted to the City concerning the above
referenced project. The ANSWERS provided below may involve changes,deletions,
clarifications and additions to this project. Therefore this Addendum should be thoroughly
reviewed by all interested parties.
PLEASE ISSUE THIS ADDENDUM IMMEDIATELY UPON RECEIPT
From ABC Construction Dated 1/11/2010
Division 12 Specifications for Horizontal Louver Blinds
1. Division 12 specification"2511-3 has reference 10"Eastern Standard the only manufacture
company that fabricates steel louvers." Please let us know the locations is for the Steel louver
blinds ANSWER: This is an ALLOWANCE ACCOUNT ITEM.
2. Division 12 specification)1-3 has reference to"Nanik"as the only manufactures that
fabricates vinyl louvers."Please let us know what are the locations for the transparent vinyl
louver blinds ANSWER: This is an ALLOWANCE ACCOUNT ITEM.
3. Specifications 12511-4 show several sizes.What sizes will be used?5/8", 1"or 2"
ANSWER: This is an ALLOWANCE ACCOUNT ITEM.
4.Specification 12511-4 show"Perforated, Vinyl-Steel-Aluminum-PVC, Openness factor 6%.
What product will be used and what are the location for the blinds. ANSWER: This is an
ALLOWANCE ACCOUNT ITEM.
5.Division 12 specification 12511-5 has reference to manual and motorized blinds with remote
wall switch and sun sensor controls. What locations will receive the motorized blinds and what
4 'Ile
Exhibit 3 - Page 1 of 15
type of controls will be used?ANSWER: This is an ALLOWANCE ACCOUNT ITEM.
6. Section 10 (The specifications for lockers are Shown but no floor plans, quantity.size,
elevation etc are Shown on the on-line plans.ANSWER: This is contained in the ALLOWANCE
ACCOUNT Bid item FOR PUMPS AND EQUIPMENT, POOL ACCESSORY ITEMS, FINISHES,
ALONG WITH THE CONNECTION OF UTILITIES, ETC. FOR THE POOL
7. Not Used
CURRENT BUILDERS JAN 12, 2010
8. Not Used
9. RF 2: Details 1,4, 7A& 10 on drawing A26 indicates a precast wall panel, however this
detail cannot be located on the drawings. Please clarify if architectural precast panels are
required for this project. If so, please indicate where they are located on the plans. NOTE THAT
THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI No 8-Not used
10. RF3:Specification 05530 Gratings is provided.Where are gratings required on the plans?
NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI No 8- Not used
11. RF4: Included in the specifications is Section 10700—Fabric Awnings.There are no fabric
awnings indicated on the drawings, please verify location. NOTE THAT THIS QUESTION WAS
PREVIOUSLY ANSWERED IN OLD RFI No 6-NO Fabric Awnings are used on this project,
so disregard this specification.
12. RF5: Included in the specifications are Sections 10651 —Operable Panels & 10655
Accordion Folding Partitions, however it appears that there are none indicated on the drawings.
Please verify location. NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN
OLD RFI No 11 - Window& Door Schedule is on the plans
13. RF6: Included in the specifications is Section 10505—Metal Lockers, however it appears
that there are none indicated on the drawings. Please verify location and count of metal lockers.
ANSWER:This is an allowance account item. See item No 6 above.
14. RF7: Please provide additional information for Division 10100—Visual Display Boards—
verify location,size and any AV equipment needs.NOTE THAT THIS QUESTION WAS
PREVIOUSLY ANSWERED IN OLD RFI No 8- This is an Allowance Account Bid Item
15. RF8: The specifications include Section 11161 —Loading Dock Equipment. Please verify
location. NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI No 6-
NO Loading Dock, so please disregard this specification.
16. RF9: Please verify location, quantity and size of the flag poles called out in Specification
Section 10350. NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI
No 8- See architectural site plan. They are on the outside of assembly area.
17A. RF10: 1. Catwalk detail 4/A-25;where does this condition appear on the plans? It does not
show up on section 1/A-07. NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED
IN OLD RFI No 13-Not Used.
Exhibit 3 - Page 2 of 15
17B 2. Details 11 & 18/A-40 show tube steel and refer to structural drawings. Where
on plans are they located? NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN
OLD RFI No 13- Deleted
18. RF11:The drainage plan (Sheet C-03)does not provide spot elevations at the new
improvements including the new community center building and the areas around the new
community center building. Please provide a plan that includes proposed final grades for
earthwork bidders. NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD
RFI No 5&11 —Sheet C-03 was revised with all of the necessary information.
19. RF12: As per Specification Section 15410:
"1.Above Ground:Service weight cast iron bell and spigot pipe and fittings, no-hub cast iron
pipe and fittings, DWV copper pipe with cast brass or wrought copper solder joint drainage
fittings or galvanized steel pipe with cast-iron drainage fittings.
2. Underground:Cast iron bell and spigot pipe and fittings."Plan Page P-7, Plumbing Notes,
Line Item 4 states,"SOIL, WASTE AND VENT PIPING SHALL BE P.V.C.SCHEDULE 40."
Please clarify which material is to be utilized for the Sanitary,Waste and Vent piping. NOTE
THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI No 12-Material to be
used for Sanitary,Waste and Vent piping is P.V.0 Schedule 40,as specified on Sheet P-07
plumbing notes.
20. Not Used
21 Not Used
22. RFI 1 JCON GROUP- Please provide the Project Cost Estimate for the Community Center
Sherbondy Village. NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD
RFI No 5.This cost information will be communicated as soon as we can.
23. RFI 2 JCON GROUP—Concerns the Requirements for the Bid Bond. ANSWER:
The requirements are contained in the Contract Documents—Front End Section 0410.
24. RFI 3 JCON GROUP - Concerns the Soil Report. ANSWER: We are told that the
City has posted this information on-line.
25. RFI 4 JCON GROUP—Concerns a Bid Proposal Package Check-list. ANSWER:
We are not aware of a Check-list so disregard this item. Please study Section 0200 of
the Contract Documents entitled Instruction to Bidders for bidding requirements.
26 RFI 5 JCON GROUP—Concerns the question that if the new bid documents
contains all of the information, including the Addendums from the first bid. ANSWER:
No it does NOT contain the Addendums issued from the first bid, but these can be
obtained from the City.
27 RFI 6 JCON GROUP—Concerns wood athletic flooring in the gymnasium and A-23.
ANSWER: Flooring of the Gymnasium is contained in the "Allowance Account Item
No 16"and is NOT a bid item, per say.
Exhibit 3 - Page 3 of 15
28 RFI 1 TRAN CONSTRUCTION: RFI# 1: When is the last day for questions?
ANSWER The date was set by the City and was discussed at the mandatory Pre-bid
meeting, please contact the City for further information.
2. What State &County License are required to bid this job? ANSWER: We do
not have this information, but check with the City of Opa-Locka Building Department for
these requirements.
29. Not Used
30 RFI CURRENT BUILDERS:
Please provide the Geotechnical Report for the Sherbondy Village Community
Center project. ANSWER: We are told that the City has posted this information on-
line.
Refer to drawing C-03 Proposed Drainage Plan for the following inquiries:
A Please provide sizes for the drainage structures in Phase 1 Construction. ANSWER:
Please see the civil detail sheet for the size of the drainage Structures
B Please provide rim elevations and invert elevations for the storm sewers. ANSWER:
Drainage grades have been added to the plans. The Flow Line Elevations of the pipes
shall be at or above the October High Water Level Table, with a minimum of 2-ft of
vertical depth of cover over the top of pipe.
c Drawing C-03 indicates FFE= 10.00',whereas drawing A-05 indicates the
FFE as 9'- 6". Please confirm the slab elevation is 9'-6". ANSWER: The Architectural
Plans are correct at 9'-6" FFEL
D Please clarify the 8"thick walls at the north side of the building at the service vehicle
area pad. We have assumed that these walls are for a dumpster enclosure. Therefore
we will provide 8" CMU walls 6'-0" high atop a 6" concrete slab with thickened edges at
the perimeter. Please confirm this is correct. ANSWER: The slabs should be a
minimum 8-inch thick & reinforced to facilitate the removal of dumpster? The walls
need to be solid and sturdy to prevent them from being damaged during loading and
unloading operations.
E Please provide elevations for the top of sidewalk and pavers along the south side of
the building. "ANSWER: The walkway will be constructed to provide a smooth
transition (grade)from the public sidewalk in the ROW to the building, meeting ADA
requirements.
F There is a ramp at the building entrance along side of the pool. Please provide
elevations and details as to the transition from the ramp to the pool deck, i.e., is a return
wall required at the pool deck to the sidewalk? "ANSWER: The ramp will be
constructed to allow for a smooth transition, meeting ADA requirements. We will review
the need for retaining wall once the final grades have been established.
31 RFI No 9 JCON BUILDERS As per item No 10 in the Respondent Pricing Proposal,
a LS price for the Landscaping, irrigation and sodding required for Phase I of the
Proposed Project. Civil Sheet C.07 does not demonstrate Landscaping for the
Proposed Community Center.
.400f
Exhibit 3 - Page 4 of 15
32 RFI No 9 JCON BUILDERS. Please provide and Engineering Scale to be used on
Sheet C-06 & C-07 as one is not provided. ANSWER: These plans do not have a scale
in order to show all of the information on one sheet.
33 RFI No 10 JCON BUILDERS. Concerns the exterior Painting of the Community
Center. ANSWER: The exterior painting is included in Bid Item No 4 as stated. (Bid
Item No 7 Allowance Account for Finishes. Building Accessory Items. Interior&Exterior
Furnishing for the"COMMUNITY CENTER"Portion of the Building only. This is for all the work
necessary to complete and outfit the Community Center pool that is not included in any other
bid item. Since it is included in No 4,it is NOT included in No 7.
34 RFI No 11 JCON BUILDERS. Concerns Plans and Specifications for Alternate Bid
Items No 17& 18. ANSWER: The current plans and specifications the City, plus the
addendums are sufficient to Bid the project in its entirety.
35 RFI No 12 JCON BUILDERS Concerns Architectural Sheet A23 which Specifies
Acoustical Ceilings for Rm 211. On Sheet A-17 the reflective ceiling does NOT show
acoustic ceiling in Room 211. Which is Correct?ANSWER: Architectural Sheets are
correct.
Architectural Sheet A-23 specifies Acoustical Ceiling for Office 113, Theater 101 and
Stage 102. On sheet A-16, the reflective ceiling is NOT shown. Which is Correct?
ANSWER: Architectural Sheets are correct.
36 RFI No 13 JCON BUILDERS. Concerns Bid Item No 11.0. They are requesting a
complete list of items to be included and drawings showing locations, etc. ANSWER:
Bid 'ten No 11 is for Miscellaneous Site Work: This item includes all site improvements
NOT included in any of the above categories,such as dumpster enclosure,fencing,walkway
lighting,flag poles, benches,garbage cans,signing, etc. All work is to be paid at the Lump Sum
Bid Price. All of the requested items are shown or labeled in the plans and specifications.
37 RFI CURRENT No 16 BUILDERS: The specifications call for both a passenger
elevator and a freightelevator(actually, should be labeled as a"hospital/service"type...
not freight). However, it appears that only one (1) elevator unit is indicated on the plans.
Please clarify which type of elevator unit will be required. ?NOTE THAT THIS QUESTION
WAS PREVIOUSLY ANSWERED IN OLD RFI No 8-hospital/service type
Is a hole-less hydraulic elevator acceptable? NOTE THAT THIS QUESTION WAS
PREVIOUSLY ANSWERED IN OLD RFI No 8-see revised drawings
Elevator Car Walls:
o The specifications appear to identify an elevator cab constructed of woodcore
cab walls. This is highly unadvisable in the humid South Florida environment. Please
respond to this motion to require steel cab walls. NOTE THAT THIS QUESTION WAS
PREVIOUSLY ANSWERED IN OLD RFI No 8-see revised drawings,wood is not acceptable
o Are raised plastic laminate panels acceptable in lieu of flat plastic laminate? NOTE
THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI No 8—see revised
drawing.
Ale
Exhibit 3 - Page 5 of 15
The specifications call for a 14 gauge elevator car canopy. Is 16 gauge acceptable?
NOTE THAT THIS QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI No 8—use the
thicker gauge
Both an exhaust fan and an exhaust blower are identified in the specifications. Only
one or the other can be provided (exhaust blower is more expensive). Please
confirm which should be provided. NOTE THAT THIS QUESTION WAS PREVIOUSLY
ANSWERED IN OLD RFI No 8—see revised drawings.
It appears that the specifications are identifying both "plastic laminate"and#4
stainless steel as the finish for the Hoistway Doors. Please clarify. NOTE THAT THIS
QUESTION WAS PREVIOUSLY ANSWERED IN OLD RFI No 8—see revised drawings.
37 RFI No 17 CURRENT BUILDERS:Refer to Drawing C-03 Civil Paving and Drainage
Plan versus Drawing A-04 Architectural
Site Plan.The following discrepancies occur between these two drawings:
1. Drawing C-03 does not have a curved curb and sod area outside the gymnasium
area that is shown on drawing A-04.
2.The service vehicle pad area is shorter on drawing C-03 versus A-04.
Please indicate which drawing should prevail drawing A-04 or C-03? ANSWER: Civil
Drawings take precedent.
38 ABC Construction. RFI No 2 Please clarify the questions: Volume I -Section
000200-0 item #2 Proposal Schedule "states that one envelope shall be marked
"Technical Proposal" and the other shall be marked "Price Proposal" please clarify what
documents goes in the Technical: Proposal envelope. Should both envelope be marked
as CONFIDENTIAL -DO NOT OPEN, please clarity. ANSWER: We are not aware of
these requirements and we will ask the City to answer this Question.
Exhibit 3 - Page 6 of 15
Exhibit 3
SHERBONDY PARK COMMUNITY CENTER
RFP 10-1025
NEW ADDENDUM#2
(Issued Date 1/21/2010)
The following are answers to selected questions submitted to the City concerning the
above referenced project. The ANSWERS provided below may involve changes,
deletions, clarifications and additions to this project. Therefore this Addendum should
be thoroughly reviewed by all interested parties.
PLEASE ISSUE THIS ADDENDUM IMMEDIATELY UPON RECEIPT
ABC Construction Dated 1/11/2010. Please clarify Page S-7 shows skimmer design. Pool
requires gutter for pools 3515 S F per Section from Chapter E-9 Public Swimming Pools &
Bathing Places heath code. ANSWER: Provide Perimeter Overflow Open Type Gutter of at
least six inches deep and 12 inches wide sloping downward 2 inches (+/- t/4 inch)from the lip to
the drains discharging into a collector tank. Engineer will approve shop drawings prior to
construction
CURRENT BUILDERS JAN 12, 2010 RFI. Please provide a section for the precast
stone/stucco feature at the East elevation of the building. There appears to be a faux balcony,
with railing, above the door, between column lines 1 & 2', however, we cannot tell how far this
feature is to project off of the face of the building or if this feature has a radius. ANSWER:
There is no balcony just stucco design as indicated and illustrated.
Current Builders Jan 12, 2010. RFI 13. There are two specification sections, 13970 and
15970 for the HVAC Controls system. These two (2) sections are not the same with respect to
specified equipment and scope of work. In addition, there are no drawings provided for the
controls package, nor is there a sequence of operations for the controls system. Please advise if
the design intent is to Include a new HVAC BMS/Controls System and if so, which of the
aforementioned specification sections apply to this scope. ANSWER: There is no HVAC
BMS/Controls System. NC Units to be controlled by stand alone programmable thermostats.
(Sub-index shown on thermostat symbol indicates NC unit number controlled by it). Please
follow the plans.
Current Builders Jan 12, 2010. RFI 14. The Door Schedule on A-39 indicates each door and
its hardware group. The hardware groups are indicated by a number 1 —9 or by a star(*). The
plans and specifications do not have any more information indicating what each group includes.
Can you please provide this information? ANSWER: Follow schedule as illustrated in A-39
JAXI BUILDERS. RFI 1 We would like to formally request the architectural, structural,
mechanical, electrical & plumbing plans that will outline how the project will be split. We
requested this during the pre-bid meeting and we will need to provide it to our subcontractors for
SHERBONDY PARK COMMUNITY CENTER RFP 10-1025
New ADDENDUM No 2 -
410e
Exhibit 3 - Page 7 of 15
clarification of the scope of work. ANSWER: See SECTION 01025 of the Specifications —
Measurement and Payment for explanation of the phases.
FACCHINA 1 A. Specification 10350 — Flagpoles, the approved manufacturer listed is
Pole-Tech Co. Inc. PT 358D. This pole has an exposed height of 35'. On sheet C-02, the flag
poles are noted as 30'. Please clarify and provide section/details of flag poles. ANSWER: The
plans govern the height. Standard flag pole installation is per the manufacturer
recommendations for hurricane protection and high winds.
2a. Specification 02780—Unit Pavers,under General it states,"Only ILC pavers will be
allowed." Under Delivery, Storage, and Handling,it states manufacturers as Acme Brick Co.,
Beidon Brick Co.,and Boral Bricks, Inc. Please clarify. ANSWER: Brick Interlocking Pavers
are to be used. We will review alternate manufacturers that meet the specifications.
3a. Please provide elevations (existing & proposed) for drainage, water and sanitary, and
pavement. Previously ANSWERED in NEW Addendum No 1: Please see the Civil drawings
4a. On sheet, C-03, a planter is shown. The planter is in conflict with the concrete ramp shown
on sheet A-05.Please clarify. If a planter is required, provide sections/details. ANSWER:
Please construct the ramp shown on the architectural drawings.
5a. Provide specifications for precast concrete bumpers. ANSWER: Use standard concrete
reinforced curb stops. We will consider the use of recycled plastic stops.
6a. Provide specifications for traffic signage. ANSWER: Signage and pavement marking are to
meet MUTCD (Manual of Uniform Traffic Control Devices.)
7a. The legend symbol for Floratam on sheet C-07 does not match with what is drawn.Please
clarify. ANSWER:Sod to be Certified Floratam Sod
8a. Provide plant list or specification on the one tree type found. Provide details for tree
protection & mulch areas. Previously ANSWERED in Addendum No 8. The landscaping
requirements for the Community Center project is minimal. A suggested species list is on the
Legend. The landscaping shall meet or exceed the requirements of the Miami-Dade County
Landscaping Code for similar sized building projects.
9a. On sheet C-05, the service vehicles only parking area does not match the same area on
sheet A-04.Please clarify. Previously ANSWERED in NEW Addendum No 1: Engineering
plans take precedence.
10a. On sheet A-05, the room between the Hall 126 and the Gymnasium 133, is not labeled.
Please clarify. ANSWER:Treat as part of#126
11a. On sheet A-23, Room 219 Janitor's closet has a floor finish CT-1 is shown. CT-1 is not on
material schedule. Please clarify. ANSWER: Look at A-23 more carefully and if necessary re-
ask your question again.
SHERBONDY PARK COMMUNITY CENTER RFP 10-1025
New ADDENDUM No 2
Ale
Exhibit 3 - Page 8 of 15
12a. Mechanical Room 228, is not listed on finish schedule. Please provide. Previously
ANSWERED in Addendum No 8. Finishes are an allowance account item.
13a. On sheet A-05,the room between the stair 225 and the Exercise Room 226, is not labeled.
Please clarify.ANSWER: There are no 225 or 226 on sheet A-05
14a. Detail 3/A-31 shows rigid insulation on one side of the 8" CMU wall. Is this required
between the Stage 102 and Cast Corridor 108 as shown? Please clarify. ANSWER: Follow
plans as directed
15a. Restroom call outs on sheet A-05 are incorrect. 1/A-17 is the 2nd reflected ceiling plan.
Please clarify.ANSWER: Right,change 17 to 16
16a. Provide heights for sheets A-28 thru A-31 ANSWER: Use heights as shown on building
sections
17a. Provide finished ceiling heights. ANSWER: Use heights as shown on building sections
18a. On sheet A-07 section 1 and sheet A-09 section 1 conflict. A-07 doesn't show ACT
ceiling, and A-09 does. Please clarify.ANSWER: Assume ACT ceiling on both.
Lemartec.Our bonding company has requested the City remove the language"direct or indirect
or consequential" from the performance bond form. Please respond. ANSWER: We have
forwarded this request to the City for review and action.
Grace & Naeem Uddin, Inc. RFI A. Requesting to provide missing sheet A-04B,
phasing plan. ANSWER: Please disregard Sheet A-04B in the index.
B. Concerning Geotech report on the city's website. The city website does not show this
information. ANSWER: We have requested the City re-post the Soils Report on the Website
SHERBONDY PARK COMMUNITY CENTER RFP 10-1025
New ADDENDUM No 2 �'
Exhibit 3 - Page 9 of 15
Exhibit 3
SHERBONDY PARK COMMUNITY CENTER
RFP 10-1025
NEW ADDENDUM# 3
(Issued Date 1/24/2010)
The following are answers to selected questions submitted to the City concerning the above
referenced project.The ANSWERS provided below may involve changes,deletions,
clarifications and additions to this project.Therefore this Addendum should be thoroughly
reviewed by all interested parties.
RFI's ICON GROUP&CURRENT BUILDERS—Concerning the soil report
ANSWER:Attached please find pdf.file(Geotech report)containing information about the site
conditions.
RFI's ABC Construction&MACO Group—Concerning references to OId Addendum
ANSWER:Please disregard the notations"this question was previously answered in old addendum"as
they have no bearing on this RFP.Old addenda were incorporated in the revised drawings for this RFP.
Additionally,all questions where this notation appears were clearly and fully answered in Addendum
1&2.
RFI -ABC Construction. RFI No 2 Please clarify the questions: Volume I -Section 000200-0 item#2
Proposal Schedule "states that one envelope shall be marked "Technical Proposal" and the other shall be
marked "Price Proposal"please clarify what documents goes in the Technical: Proposal envelope. Should
both envelope be marked as CONFIDENTIAL-DO NOT OPEN,please clarity.
ANSWER:Yes both envelopes should be marked.
RFI ICON GROUP—Concerns check-list
ANSWER:Although sheet 250-5 is a checklist to be incorporated with the submittal package,it is not
an exhaustive checklist of all documents required.Please refer to the RFP documents as a whole and
provide all required documents.
Section 000200,4.2-Evaluation Criteria has been revised as noted in the attached pdf.file
1
Exhibit 3 - Page 10 of 15
Evaluation Criteria.Incorporate theses requirements to your submittal package accordingly.
Exhibit 3 - Page 11 of 15
GEOTECHNICAL j " "O'' TESTING LABORATORIES
ENVIRONMENTAL
/1"-HYDROGEOLOGY `; - 4� ., +��� DRILLING SERVICES
1 -;- INSPECTION SERVICES
ASBESTOS �: '• ROOFING
DYNATECH ENGINEERING CORP.
Miami,June 8,2009
Mr.Fernand Thony
CITY OF OPA LOCKA
12950 NW 42"1 Avenue
Opa-Locka,FL. 33054
Re: Proposed 2-Story Building®
215 North Perviz Avenue
Opa-Locka,FL. 33054
Dear Mr.Thony:
Pursuant to your request,DYNATECH ENGINEERING CORP.(D.E.C.)completed a Subsoil Investigation on
June 8,2009 at the above referenced project. The purpose of our investigation was to verify subsoil conditions
relative to foundation design of the proposed structure.
A total of(3)standard penetration boring tests were performed according to ASTM-D 1586 down to an
average depth of 15' below existing ground surface.
The following graph was developed as a general condition for the subject site: (Refer to field boring logs
for exact locations and soil description):
Depth
From To Description
0'-0" 0'-6" Topsoil and grass
0'-6" 1'-0" Brown sand w/roots
1'-0" 1'-6" Light tan medium sand w/rock fragments
1'-6" 3'-0" Tan sand
3'-0" 15'-0" Tan sand w/rock traces
Groundwater table elevation was measured immediately at the completion of each boring and was found at an
average depth of 4'-6"below existing ground surface. Fluctuation in water level should be anticipated due to
seasonal variations and run off as well as varying ground elevations construction dewatering and pumping
activities in the area. Site contractor must familiarize himself with site conditions in the event groundwater
controls and dewatering is needed. Surface flooding may result under hurricane conditions and should be taken
into consideration in the design of the project. The contractor shall make sure that groundwater levels on
adjacent properties are not affected due to the contractors dewatering activities. Specialty groundwater
contractors shall be consulted for all work below the groundwater level.
1
750 West 84 Street,Hialeah,FL 33014-3618 •Phone(305) 828-7499•Fax(305)828-9598
Exhibit 3 - Page 12 of 15
Page No. 2
215 North Perviz Avenue, Opa-Locka,FL.
Based on our understanding of the proposed structure and our field boring logs; the following are our
recommendations for foundations design.
A- Strip the entire building construction areas plus 5 feet outside perimeter of all topsoil,grass,tree
stumps and construction debris down to clean granular material wherever encountered(see field
boring logs).
B- Compact all construction areas with a heavy self propelled roller to a minimum of 95%of ASTM
D-1557 but not less than 10 passes in each direction.
C- Backfill construction areas to required elevation if needed using clean granular material placed in lifts
not to exceed 12 inches in thickness and compact as indicated in items B.Excavate footing areas only if
needed to proper depth and recompact using hand held equipment as indicated above.
D- Care should be taken not use vibration in case of existing structures in the vicinity of the
construction area. If vibration cannot be used for compaction,static compaction may be applied.
However,in this case,the compacted layer should not exceed 6 inches in thickness.
E- All construction fill material shall be clean granular soil,free of organics or other deleterious
material,and shall contain no more than five percent fines passing a U.S.standard No.200 sieve.
(Classified as SWJGW}. Fill material below the water table shall consist of washed gravel unless
dewatering is employed.
F- Verify all compaction efforts by taking an adequate number of field density tests in each layer of
compacted material and in each footing pad.
G- Representative samples of the on site and proposed fill material shall be collected and tested to
determine the classification and compaction characteristics.
H- All Geotechnical work must be performed under the supervision of our geotechnical engineer or his
representative to verify compliance with our specifications and the Florida Building Code.
1- In the event of existing structures,existing footings,existing or proposed drainage lines,provisions
shall be made by the structural engineer and site contractor to protect all footings from undermining
and exposure(ie.transfer beams,underpinning etc...).The geotechnical engineer shall be notified
of these conditions to evaluate the applicability of his recommendations.
The above foundation recommendations being achieved and verified, it is our opinion that the proposed
structures be designed for a shallow foundation system with a permissible soil bearing pressure not to exceed
2500 P.S.F.
2
Exhibit 3 - Page 13 of 15
Page No. 3
215 North Perviz Avenue,Opa-Locka,FL.
Provisions shall be made by the architect,engineer of record and contractor to address differential settlements
when tying in new to existing structures.
Also note that as a common engineering practice for existing and new construction;outside ground surfaces
must be sloped away from the structure as to avoid water accumulation and ponding. Rain gutters shall be
installed and all rain water shall be discharged over splash guards a minimum of 5 feet away from building
foundations. Verify all water,sewer,plumbing,sprinkler and drainage lines are properly functioning with no
leaks in the vicinity of the foundations.
The boring log(s)attached present(s)a detailed description of the soils encountered at test location(s).The
soil stratification shown on the boring log(s)is based on the examination of the recovered soil samples and
interpretation of the driller's field log(s). It indicates only the approximate boundaries between soil types. The
actual transitions between adjacent soil types may be gradual. Regardless of the thoroughness of a geotechnical
exploration there is always the possibility that conditions may be different from those of the test locations;
therefore,DYNATECH ENGINEERING CORP.does not guarantee any subsoil conditions between the bore
test holes.In accepting this report the client understands that all data from the borings are strictly for foundation
analysis only and are not to be used for excavation or back filling estimates and pricing.Site contractor must
familiarize himself with site conditions prior to bidding. As a mutual protection to clients, the public and
ourselves,all reports are submitted as the confidential property of clients,and authorization for publication of
statements,conclusions or extracts from or regarding our reports is reserved pending our written approval.All
work must be conducted under the supervision of our geotechnical engineer. The discovery of any site or
subsurface conditions during construction which deviate from the information obtained from our subsoil
investigation is always likely and should be reported to us for our evaluation.All work shall be conducted in
compliance with the Florida Building Code FBC and OSHA workers protection rules and all applicable
Federal,State,County and City rules and regulations.
It has been a pleasure working with you and look forward to do so in the near future.
Sincerely yours,
1.5.5 te4
Wis ra Naamani,P.E.
DYNATECH ENGINEERING CORP.
Florida Reg.No.39584
Special Inspector No.757
WN/sk
3
Exhibit 3 - Page 14 of 15
YNATEC
ENGINEERING CORP.
750 WEST 84TH STREET
HIALEAH,FL 33014
(305)828-7499
TEST BORING REPORT
CLIENT : CITY OF OPA-LOCKA DATE: June 8,2009
PROJECT : Proposed 2-Story Building ROLE NO.:B-I
ADDRESS : 215 North Perviz Avenue,Opa-Locka,FL. DRILLER: AS&LD
LOCATION : See attached plan
• Se NJPLE AANIl1')LR "H"
DEPTH • • DESCRIPTION OF MATERIALS ' NO ••°BLOWS,ON •
SAMPLER
1 2 Hand H
2
3 4 Hand H
0'-0"to 0'-6" TOPSOIL AND GRASS 6 5 4 7
5 6 0'-6"to 1'-0" DARK BROWN FINE SAND W/ORGANIC 3 6
g STAIN AND ROOT 8 3 4 5
9 10 6 4 9
10 1'-0"to 1'-6" LIGHT TAN MEDIUM SAND W/ROCK 5 4
11 FRAGMENTS 12 6 8 15
12 7 5
13 1'-6"to 3'-0" LIGHT TANISH FINE SAND 14 4 6 14
14 8 6
16 3'-0"to 15'-0" TAN FINE SAND W/ROCK TRACES 16 10 9
17 18
18
19 20
20
21
22 22
23 24
24
25
26 26
27
28 28
29
30 30
31
32 32
33
34 34
35
36 36
37
38 H:HAND AUGER A:HOLLOW STEM AUGER - 38
Water Level: 4'-6" Below Surface As a mutual protection todknts.thepublicendoaudves.allreportsaresubmittedast heeonfdcaddpropegofclient s,ttndandotadonforpublimioa
of amnion conclusions or mans from or regerdag=morn is reserved pending on our written approval.. H.A.:HANDAUGEP.A AUGER;tl REFUSAL i
4
Exhibit 3 - Page 15 of 15
EXHIBIT "4"
Sherbondy Village Community Center
Scope Clarifications
CBHC, LLC
March 16, 2010
Division 1 General Reauirements
1.1 The Specifications are general CSI specifications and shall only be used for
interpretation of those items specifically called out on the plans.
1.2 The contract amount includes all finishes and equipment per as allowed in the bid
items 6.0, 7.0,and alternate items 16.0, 17.0, 18.0 and 19.0.
Division 2 Site Work
2.1 The (750) Gallon Fuel Storage Tank indicated on drawing C-05 is excluded.
2.2 Earthwork calculations are based upon a finished floor elevation of 9.50 feet.
2.3 Soil Treatment per Specification 02361 is limited to "Termiticide" treatment of soil
for the building pad and foundations per specification 02361, page 3, Products. The
bait station system excluded.
2.4 Water pressures are based upon available pressures provided by the City at point of
service. The water pressure specified in 02510 Water distribution of 150 psig for
both potable water and fire protection water service is excluded.
2.5 All asphalt paving, curbs, and site concrete work to be based upon configuration
shown per drawing C-03.
Division 3 Concrete Work
3.1 All reference to precast wall panels and their caulking is excluded.
Division 4 Masonry Work
4.1 No Qualifications
4
Exhibit 4 - Page 1 of 14
Division 5 Metal Work
5.1 No Qualifications
Division 6 Wood Work
6.1 No Qualifications
Division 7 Moisture Protection
07525 Roofing system shall be a 3 ply GAF Modified Bitumen over lightweight insulating
concrete.
07121 Elevator pit waterproofing shall be Cold Fluid Applied Waterproofing.
Division 8 Doors. Windows&Hardware
8.1 Door 1-01 only shall have automatic openers.
Division 9 Finishes
9.1 All exterior walls to receive stucco with a smooth stucco finish.
9.2 Shaped architectural features to be 1 pcf density polystyrene insulation board in
sizes and shapes indicated on the architectural drawings.
9.3 Interior finishes shall be as per the following:
• GYMNASIUM
o Flooring to be Action Floor System's "Actioncush I"System
o Walls to be painted CMU
o Exposed ceiling to be painted
o Lighting to be per electrical plans
o Sound System—conduit only
o Equipment to include (2)forward folding font braced backstops with
electric hoists, rectangular glass backboards, scholastic breakaway goals
and edge padding.
o Furnishing to include 14' of wall pads behind each basketball backboard.
• THEATER
o Floor to be carpet tiles
o Walls to per finish schedule—painted gypsum walls
Exhibit 4 - Page 2 of 14
o Exposed ceiling to be painted
o Theater seating is excluded
o Theater lighting—conduit only per electrical plans
o Sound System—conduit only
All other area finishes to be per finish schedule expect as listed below:
CERAMIC TILE
Room Walls 12"X 12" @ 4' Floors w/Base 12"X Notes
AFF 12" or 18"X18"
107 Bathroom n/a X
118 Women's X X Slip Resistant
Restroom
119 ADA Toilet X X Slip Resistant
120 Changing Room X X Slip Resistant
121 Men's Restroom X X Slip Resistant
122 ADA Toilet X X Slip Resistant
123 Changing Room X X Slip Resistant
219 Janitors Closet X n/a
220 Changing Room X X
221 Women's X X
Restroom
222 ADA Toilet X X
223 ADA Toilet X X
224 Men's Restroom X X
111 Entrance Hall n/a X Tile base included
126 Hall n/a X Slip resistant/base
included
• CARPET TILE with 4"VINYL BASE
o 101 Theater
o 102 Stage
o 105 Dressing Room
o 106 Dressing Room
o 108 Cast Corridor
o 113 Box Office
o 202 Office
o 209 Meeting Room
o 210 Meeting Room
o 213 Park Manager /
Exhibit 4 - Page 3 of 14
o 214 Park Office
o 215 Park Assistant
o 204 Hall
o 208 Hall
o 218 Circulation
o 227 Balcony
• VCT FLOORING with 4"VINYL BASE
o 115 Multipurpose Room
o 116 Storage Room
o 124 Janitors Closet
o 125 Electrical Room
o 128 Storage
o 129 Storage
o 130 Office
o 205 Equipment Room
o 207 Storage
o 212 Mechanical Room
o 216 Storage
o 217 Electrical Room
o 219 Janitors Closet
• RUBBER SPORT FLOORING
o 201 Fitness Room
o 226 Exercise Room
• STAINED CONCRETE FLOORS
o 110 Stair
o 127 Stair
o 200 Stair
o 203 Stair
o 225 Stair
0
• SEALED CONCRETE FLOORS
o 103 Electrical Room
o 104 Storage Room
o 109 Pump Room
o 117 Mechanical Room
Exhibit 4 - Page 4 of 14
o 131 Generator Room
o 132 Mechanical Room
Division 10 Specialty Items
10.1 Visual display boards are excluded.
Division 11 Equipment
11.1 Two (2) ceiling mounted forward folding basketball backstops, manually
operated, with glass back board, break away goals.
11.2 Twelve (12) 2' wide x 6' high x 2" thick protective wall padding pieces (six at each
end of basketball court), has been included.
11.3 One wall mounted 9'x 3' scoreboard by "Electromech"with following features:
• Four digit clock with illuminated colon/decimal indicator that can count up in
MM:SS format, count down in MM:SS format or SS.T format, or show time of
day in HH"MM format.
• Clock digits are 12 inches tall and made from red LED's.
• Guest and Home scores to 199. Score digits are 12" tall and made from amber
LED's.
• Period up to 9. The period digit is 9" tall and made from green LED
Division 12 Furnishings
12.1 No Qualifications
Division 13 Special Construction
13.1 The Community Pool is included as follows;
• Dimension and design shall be 50' x 70' bowl with a minimum depth of 3'0"
and maximum depth of 5'0".
• The pool shell includes 8" thick floor, walls and#4 on center at 8" centers. All
references on Sheet S7 are excluded from this proposal.
• Interior finishes shall be Diamond Brite in a choice of(5)colors.
• The pool coping to be 4" x 9"American Paver(Full Round Brick) in a choice of
(18)colors.
• (6)Standard underwater lights, 300 watts.
• Tile shall be (2) rows of 6"x 6" decorative tile in a solid color.
Exhibit 4 - Page 5 of 14
• Filter system shall consist of cartridge complete with valves, piping, fittings,
(2)—3hp by Sta-Rite.
• This pool will serve (63) bathers (6.0 hour turn over).
13.2 Deck Equipment Accessories are included as follows;
• (4)Stainless steel cross braced ladders
• (2) Chemical feeders with crocks
• (2)Shepherd's crooks with poles
• (2) Life rings and ropes
• (2) 16' aluminum poles, nylon wall brush, leaf skimmer, commercial water
test kit,constant water level control,vacuum head with hose,all valves
• Tile depth markers and no diving symbols, pool rules sigh and tagged valves
with typed instructions.
• (12) Future in wall rope anchors
Division 14 Convevina Systems
14.1 Elevators shall be a Schindler 330A hole-less dual jack, 2500 lb, 100FPM.
14.2 Standard cab interiors are included.
Division 15 Mechanical Systems
15.1 Ductwork for HVAC Systems shall be fiberglass in lieu of Sheet metal where
covered by ceilings. All exposed ductwork at Gymnasium to be galvanized spiral
ductwork.
15.2 Plumbing vent stacks shall have standard caps. Vandal-proof caps are not included
in this proposal.
Division 16 Electrical Work
16.1 Community Center light fixtures are included as indicated on the light fixture
schedule.
16.2 Gymnasium light fixtures are included as indicated on the light fixture schedule.
16.3 Theater auditorium lighting is included as indicated in the light fixture schedule
with the exception of the stage lighting, dimmer board, stage lighting console,
and audio-visual systems that are excluded.
16.4 FPL primary conduit & wiring is provided by FPL and any associated cost is
excluded.
Exhibit 4 - Page 6 of 14
16.5 Phone &data cabling and equipment are excluded.
X:\BidShare\2010\Commercial - Industrial\Sherbondy Village - Community Center 09-09\Re-Bid 01-10\Qualifications\01-25-10 Rebid
Sherbondy Qualifications.docx
Exhibit 4 - Page 7 of 14
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EXHIBIT 6
RESPONDENT PRICING PROPOSAL
Community Center
Sherbondy Village
Notice To All Proponents:
Proponent agrees that the work for each project location is to be completed as for the prices
shown below for the work complete. Adjustments will be made to the planned quantities for the
actual work completed. These adjustments will Include field changes approved by the Engineer
and authorized Change Orders and shall then be added or deducted from the planned quantites.
In the event of a discrepancy between written figures and numbers,the former shall govern.
The City may delete hems from the list below at their discretion,upon written notice to the
Proponent.
The Price stated in the proposal shall include all costs and expenses for labor,equipment,
materials,contractor's overhead and profit to complete the work as shown on the plans and as
specified here-in. Payment for this project will be based upon completion of the items contained in
this price proposal form and in accordance with the RFP Package that forms part of the contract. The
Proponent shall submit detailed schedule of value estimates(In CSi Division format)for
each of the Lump Sum(LS)Quantities Items tabulated below(except for numbers 12,13&
14)to Justify and document the Item price,prior to the award of the Contract. Detailed
schedule of values estimates for items 12,13&14 will become applicable should any of all
part of these alternate items be included in the final construction Contract. (Refer to section
01025 for further description of the Items below)
MAIN BID ITEMS:
ITEM DESCRIPTION QTY UNiT TOTAL
1.0 BONDS AND INSURANCE 1 L.S. $ 56,238.00
2.0 MOBILIZATION AND DEMOBILIZATION 1 L.S. $ 15,000.00
3.0 DEMOLITION AND REMOVAL OF EXISTING BUILDING,
ROADWAY,SIDEWALKS,SURPLUS MATERIALS,ETC;AND
UTILITY ADJUSTMENTS
1 L.S. $ 17,500.00
4.0 BUILDING SHELL CONSTRUCTION AND FINISHES FOR THE
.PROJECT PLUS ALL TRADES, SITE UTILITIES,ETC.FOR A
COMPLETE PROJECT AS PER THE QUALIFICATIONS
1 L.S. $ 3,021,001.00
5.0 SWIMMING POOL 1 L.S. $ 155,500.00
6.0 PUMPS AND EQUIPMENT,POOL ACCESSORY ITEMS,
FINISHES,ALONG WITH THE CONNECTION OF UTILITIES,
ETC.FOR THE POOL
1 L.S. INC
7.0 FINISHES,BUILDING ACCESSORY ITEMS,INTERIOR AND
EXTERIOR FURNISHING FOR THE"COMMUNITY CENTER"
PORTION OF THE BUILDING ONLY
1 L.S. INC
Exhibit 6 - Page 1 of 2
EXHIBIT 6
8.0 ASPHALT PAVING INCLUDING PAVEMENT MARKINGS AND
SIGNAGE&SITE CONCRETE WORK
1 LS. $ 55,213.00
9.0 GRADING AND STORM WATER DRAINAGE WORK 1 LS. $ 115,882.00
10.0 LANDSCAPING,SODDING&IRRIGATION WORK 1 LS. $ 15,028.00
11.0 MISCELLANEOUS SITE WORK,NOT INCLUDED IN THE ABOVE 1 LS. $ 8,638.00
ITEMS
12.0 DIESEL GENERATOR—300KW -30-208/120 V,INCLUDING
FUEL TANK AND PIPING 1 L.S. $ -
13.0 CITY ALLOWANCE ACCOUNT �o�,< 109;400 L.S. $ 50,000.00
14.0 TESTING ALLOWANCE ACCOUNT 5,000 LS. $ 5,000.00
15.0 PERMIT&FEE ALLOWANCE ACCOUNT 5,000 L.S. $ 5,000.00
16.0 PHASE 1A:INCLUDED INTERIOR FINISHES ETC-ALL FOR
THE GYMNASIUM AS PER THE QUALIFICATIONS 1 L.S. INC
17.0
PHASE 1B:INCLUDES THE SHELL CONSTRUCTION OF
THEATER 1 L.S. INC
18.0 PHASE 1C:INCLUDES MEP,CUTTING IN OF NEW DOORS IN
FIRE WALL,EXTERIOR EXITS&WALKWAYS,ETC-ALL FOR
THE THEATER
1 L.S. INC
19.0 PHASE 1D:INCLUDES THE INTERIOR FINISHES FF&E-ALL
FOR THE THEATER&FITNESS CENTER ROOM
1 LS. INC
20.0 SALES TAX CREDIT: INCLUDES MATERIAL SALES TAX
CREDITS 1 L.S. $ (70,000.00)
Grand Total of ALL Work Items(Items No 1 through 15,Plus Alternate Items No.16 through 19):
$3,4503690:98"(Figures) last ,�-7T
Three Million Four Hundred Fifty Thousand rL (Written) — I —h
Company:CBHC,LLC F -
By:Michael C.Taylor
Title:Managing Member Ourci 4 e/JCI
Address:4952 NW 7th Avenue,Miami,Florida 33127 r
Phone Number:(954)977-4211
Michael C.Taylor
Name of Proponent(Printed) Signature of Proponent
Date
3, 14
•
Exhibit 6 - Page 1 of 2
Exhibit 7
CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans and Cooperative Agreements
In excess of$100,000
The undersigned certifies,to the bet of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer o employee of an agency,a
Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract,the making of any Federal grant,the
making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or
cooperative agreement.
2. if any of the funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,a Member
of Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall
complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying",in accordance
with its instructions.
3. The undersigned shall require that the language of the certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under
grants,loans,and cooperative agreement in excess of$100,000)and that all subrecipients shall
certify and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section 1352,
title 21, U.S.Code. Any person who fails to file the required certification shall be subject to a civil
penalty or not less than$10,000 and not more than$100,000 for each such failure.
,--
By:
h
Michael C.Taylor,Managing Member
January 25,2010
4952 North West 7th Avenue
Miami,Florida 33127
Exhibit 7 - Page 1 of 1
Exhibit 8
CERTIFICATION OF COMPLIANCE WITH PART 60-2
AFFIRMATIVE ACTION PROGRAMS
The bidder represents that he has ()has not(X), participated in a previous contract or
subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246;
that he has ( )has not(X) developed a written affirmative action compliance program for
each of his establishments;that he has ()has not.(X),filed with the Joint Reporting
Committee,the Office of Federal Contract Compliance Programs (OFCCP)or the Equal
Employment Opportunity Commission(EEOC)all reports due under the applicable filing
requirements; and that representations indicating submission of required compliance
reports,signed by proposed subcontractors,will be obtained prior to contract and/or
subcontract award.
•
NOTE
The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001
Name: Michael C.Taylor
Title: Managing Member
o'.
Signature: /-
1
Date: January 25,2010
Address(Including Zip Code):
4952.North West 7th Avenue,Miami,Florida 33127
•
OTHER REOU[RED CERIIFICATIONS
00250-22
Exhibit 8 - Page 1 of 1
0
Exhibit 9
CER'!IVICATION REGARDING
DRUG FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67,
subpart F,for grantees,as defined at 28 CFR part 67 Sections 67.615 and 67.620-
A.The applicant certifies that it will or will continue to provide a drug-free workplace by;
(a)Publishing a statement notifying employees that the unlawful manufacture,
distribution,dispensing,possession,or use of a controlled substance is
prohibited in the grantees'workplace and specifying the actions that will be
taken against employees for violations of such prohibition.
(b)Establishing an on-going drug-free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs,
and
(4) The penalties that may e imposed upon employees for drug abuse violations
Occurring in the workplace;
(c)Making it a requirement that each employee to be engaged in the performance of
The grant be given a copy of the statement required by paragraph(a);
(d)Notifying the employee in the statement required by paragraph(a)that,as a condition
Of employment under the grant,the employee will
(I) Abide by the terms of the statement;and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal
Drug statue occurring in the workplace no later than five calendar days after such
conviction.
(e)Notifying the agency in writing with 10 calendar days after receiving notice under
subparagraph (d) (2) from an employee or otherwise receiving actual notice of such
•
•
conviction.
Exhibit 9 - Page 1 of 2
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended, or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or Iocal
health, law enforcement,or other appropriate agency;
(g)Making good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs(a),(b),(c),(d),(e),and(f).
B. The Grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
Place of Performance(Street address,city,county,state,zip code)
Sherbondy Village Community Center
City of Opa-Locka, Florida
Check Here( )if there are workplaces on file that are not identified here.
Name of Bidder: CBHC,LLC
Signature:
Date:January 25,2010
Address:4952 North West 7`h Avenue,Miami,Florida 33127
00250-27 —
Exhibit 9 - Page 2 of 2
Exhibit 10
ASSURANCE OF COMPLIANCE(Section 3.HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNItiES FOR BUSINESS AND
LOWER INCOME PERSONS
A. The project assisted under this(contract) (agreement)is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,as amended, I2 U.S.C.
170U. Section 3 requires that to the greatest extent feasible opportunities for training
and employment be given to lower income residents of the project area and contracts
for work in connection with the project be awarded to business concerns which are
located in or owned in substantial part by persons residing in the area of the project.
B.Notwithstanding any other provision of this (contract) (agreement),the (applicant)
(recipient) shall carry out the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal
Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary
issued thereunder prior to the execution of this(contract)(agreement).The
requirements of said regulations include but are not limited to development and
implementation of an affirmative action plan for utilizing business concerns located
within or owned in substantial part by persons residing in the area of the project; the
making of a good faith effort, as defined by the regulation, to provide training,
employment and business opportunities required by Section 3; and incorporation of the
"Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for
work in connection with the project. The (applicant) (recipient) certifies and agrees that
it is under no contractual or other disability which would prevent it from complying with
these requirements.
C. Compliance with the provision of Section 3,the regulations set forth in 24 CFR Part
135,and all applicable rules and orders of the Secretary issued thereunder prior to
approval by the Government of the application for this(contract)(agreement),shall be a
condition of the Federal financial assistance provided to the project,binding upon the
(applicant)(recipient),its successors and assigns.Failure to fulfill these requirements
shall subject the(applicant)(recipient),its contractors and subcontractors,its
.successors, and assigns to the sanctions specified by the (contract) (agreement), and to
such sanctions as are specified by 24 CFR Section 135
APPLICANT: CBHC,LLC
SIGNATURE:
ADDRESS:47952 North West 7`s Avenue, ' Florida 33127
DATE: January 25,2010
00250-28
Exhibit 10 - Page 1 of 1
Exhibit 11
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246
In carrying out the contract,the contractor shall not discriminate against any employee or
applicant for employment because of race,color,religion,sex,or national origin.The contractor
shall take affirmative action to insure that applicants for employment are employed,and that
employees are treated during employment,without regard to their race,color religion,sex,or
national origin.Such action shall include,but not limited to,advertising;layoff or termination;
rates of pay or other forms of compensation;and selection for training, including apprenticeship.
The contractor shall post in conspicuous places,available to employees and applicants for
employment,notices to be provided by the Government setting for the provisions of the
nondiscrimination clause.The contractor shall state that all qualified candidates will receive
consideration for employment without regard to race,color,religion,sex,or national origin.
By:
Print:Michael C. Taylor
Title: Managing Member
Date: January 25,2010
Business Address:4952 North West 7th Avenue,Miami,Florida 33127
Exhibit 11 - Page 1 of 1
0
Exhibit 12
EQUAL OPPORTUNITY
FOR SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
1) The contractor will not discriminate against any employee or applicant for employment because he
or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the
employee or applicant for employment is qualified.The contractor agrees to take affirmative
action to employ,advance in employment and otherwise treat qualified individuals without
discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in
all employment practices,including the following:
i. recruitment,advertising,and job application procedures;
ii. hiring,upgrading,promotion,award of tenure,demotion,transfer,layoff,termination,
right of return from layoff and rehiring;
iii. rates of pay or any other form of compensation and changes in compensation;
iv. job assignments,job classifications,organizational structures,position descriptions,
lines of progression,and seniority lists;
v. leaves of absence,sick leave,or any other Ieave;
vi. fringe benefits available by virtue of employment,whether or not administered by the
contractor;
vii. selection and financial support for training,including apprenticeship,and on-the-job
training under 38 U.S.C.3687,professional meeting,conferences,and other related
activities,and selection for Ieaves of absence to pursue training;
viii. activities sponsored by the contractor including social or recreational programs;and
ix. any other term,condition,or privilege of employment.
2)The contractor agrees to immediately list all employment openings which exist at the time
of the execution of this contract,including those not generated by this contract and
including those occurring at an establishment of the contractor other that the one wherein
the contract is being performed,but excluding those of independently operated corporate
affiliates,at an appropriate local employment service office of the state employment
'security agency wherein the opening occurs.Listing employment openings with the U.S.
Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with
the local employment service office.
3)Listing of employment openings with the employment service office pursuant to this clause shall
be made at Ieast concurrently with the use of any other recruitment source or effort and shall
involve the normal obligations which attach to the placing of a bona fide job order,including the
acceptance of referrals of veterans and non-veterans.The listing of employment openings does
not require the hiring of any particular job applicants or from any particular group of job
applicants,and nothing herein is intended to relieve the contractor from any requirements in
Executive orders or regulations regarding nondiscrimination in employment
4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2
and 3 of this clause,it shall advise the employment service agency in each State where it has
establishments of the name and location of each hiring location in the state:Provided,that this
requirement shall not apply to state and local governmental cqntractors. As long as the Contractor
00250-36
Exhibit 12 - Page 1 of 3
is contractually bound to these provisions and has so advised that state agency, there is no need to
advise the state agency of subsequent contracts. The Contractor may advise the state agency when it
is no longer bound by this contract clause.
5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment
openings which occur and are filed outside of the 50 States,the District of Columbia,the
Commonwealth of Puerto Rico,Guam and the Virgin Islands.
6)As used in this clause:
i. All employment openings includes all positions except executive and top management,those
Positions that will be filled from within the contractor's organization,and positions lasting
three days or less. This term includes full-time employment,temporary employment of more
that three days' duration,and part time employment.
u, Executive and top management means any employee: (a)whose primary duty consists of the
management of the enterprise in which he or she is employed or of a customarily recognized
department of subdivision thereof; and (b) who customarily and regularly directs the work of
two or more other employees therein; and (c) who has the authority to hire or fire other
employees or whose suggestions and recommendations as to the hiring or firing and as to the
advancement and promotion or any other change of status of other employees will be given
particular weight;and(d)who customarily and regularly exercises discretionary powers;and
(e) who does not devote more than 20 percent, or, in the case of an employee or a retail or
service establishment who does not devote as much as 40 percent, of his or her hours of work
in the work week to activities which are not directly and closely related to the performance of
the work described in (a) through (d) of this paragraph 6. IL; Provided, that (a) of this
paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an
independent branch establishment, or who owns at least a 20-percent interest in the enterprise
in which he or she is employed.
ill.Positions that will be filled from within the contractor's organization means employment
openings for which no consideration will be given to persons outside the contractor's
organization(including any affiliates,subsidiaries,and parent companies)and includes any
openings which the contractor proposes to fill from regularly established"recall"lists.The
exception does not apply to a particular opening once an employer decides to consider
applicants outside of his or her own organization.
7) The Contractor agrees to comply with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
8) In the event of the Contractor's non-compliance with the requirements of this
clause,actions for non-compliance may be taken in accordance with the rules,
regulations,and relevant orders of the Secretary of Labor issued pursuant to the
Act.
9) The Contractor agrees to post in conspicuous places,available to employees and applicants for
employment,notices in a form to be prescribed by the Deputy Assistance Secretary for Federal
Contract Compliance Programs,Director,provided by or through the contracting officer.Such
notice shall state the rights of applicants and employees as well as the contractor's obligation
under the law to take affirmative action to employ and advance in employment qualified
00250-37
Exhibit 12 - Page 2 of 3
employees and applicants who are special disabled veterans or veterans of the Vietnam era. The
contractor must ensure that applicants or employees who are special disabled veterans are
informed of the contents of the notice(e.g., the contractor may have the notice read to a visually
disabled individual,or may lower the posted notice so that it might be read by a person in a
wheelchair).
10) The Contractor will notify each Labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding,that the contractor is bound by
the terms of the.Vietnam Era Veterans'Readjustment Assistance Act of 1974,as amended,and is
committed to take affirmative action to employ and advance in employment qualified special
disabled veterans and veterans of the Vietnam era.
11) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules,regulations,or orders of the Secretary issued pursuant
to the Act,so that such provisions will be binding upon each subcontractor or vendor.The
Contractor will take such action with respect to any subcontract or purchase order as the Deputy
Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such
provisions,including action for non-compliance.
By: �-
Print:Michael C. Taylor
Title: Managing Member
Date: January 25,2010
Business Address: 4952 North West 7`h Avenue,Miami,Florida 33127
Exhibit 12 - Page 3 of 3
Exhibit 13
EQUAL OPPORTUNITY
FOR WORKERS WITH DISABILI'1LES
1) The contractor will not discriminate against any employee or applicant for employment
because he or she is a physical or mental disability in regard to any position for which the
employee or applicant for employment is qualified.The contractor agrees to take
affirmative action to employ,advance in employment and otherwise treat qualified
individuals with disabilities without discrimination based on their physical or mental
disability in all employment practices, including the following:
x. Recruitment,advertising,and job application procedures;
xi. Hiring,upgrading,promotion,award of tenure,demotion,transfer,layoff,
termination,right of return from layoff and rehiring;
xii. Rates of pay or any other form of compensation and changes in compensation;
xiii. Job assignments,job classifications,organizational structures,position
descriptions,lines of progression,and seniority lists;
xiv. Leaves of absence,sick leave,or any other leave;
xv. Fringe benefits available by virtue of employment, whether or not administered
by the contractor;
xvi. Selection and financial support for training, including apprenticeship,
professional meetings,conferences, and other related activities, and selection for
leaves of absence to pursue training;
xvii. Activities sponsored by the contractor including social or recreational
programs; and
xviii. Any other term,condition,or privilege of employment.
2) The Contractor agrees to comply with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
3) In the event of the Contractor's non-compliance with the requirements of this
clause, actions for non-compliance may be taken in accordance with the rules,
regulations, and relevant orders of the Secretary of Labor issued pursuant to the
Act.
4) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment,notices in a form to be prescribed by the Deputy Assistance
Secretary for Federal Contract Compliance Programs,provided by or through the
contracting officer. Such notice shall state the rights of applicants and employees as well
as the contractor's obligation under the law to take affirmative action to employ and
advance in employment qualified employees and applicants with disabilities.The
contractor must ensure that applicants or employees with disabilities are informed of the
contents of the notice(e.g.,the contractor may have the notice read to a visually disabled
individual,or may lower the posted notice so that it might be read by a person in a
00250-39 �J
Exhibit 13 - Page 1 of 2
wheelchair).
5) The Contractor will notify each labor union or representative of workers with which it has
a collective bargaining agreement or other contract understanding,that the contractor is
bound by the terms of Section 503 of the Rehabilitation Act of 1973,as amended,and is
committed to take affirmative action to employ and advance in employment individuals
with physical or mental disabilities.
6) The Contractor will include the provisions of this clause in every subcontract or purchase
order in excess of$10,000,unless exempted by rules,regulations,or orders of the
Secretary issued pursuant to Section 503 of the Act,as amended,so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Deputy Assistance Secretary for
Federal Contract Compliance Programs may direct to enforce such provisions,including
action for non-compliance
By:
Print: Michael C. Taylor '
Title:Managing Member
Date:January 25,2010
Business Address:4952 North West 7th Avenue,Miami,Florida 33127
... , _
Exhibit 13 - Page 2 of 2
Exhibit 14
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any federal program involving such grant, contract, loan, insurance, or
guarantee,the following equal employment opportunity clauses:
During the performance of this contract,the contractor agrees as follows:
I. The contractor will not discriminate against any employee or applicant for employment
because of race, color,religion, sex or national origin.The contractor will take
affirmative action to ensure that applicants are employed,and that employees are treated
during employment without regard to their race,color,religion, sex or national origin;
such action shall include, but not be limited to the following:Employment, upgrading,
demotion,or transfer;recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.The contractor agrees to post in conspicuous place,available to employee
and applicants for employment,notices to be provided setting forth the provision of this
nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor,state that all qualified applicants will receive considerations for
employment without regard to race,color,religion,sex or national origin.
3. The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement to other contract or understanding,a notice to be
provided advising the said labor union or worker's representatives of the contractor's
commitments under section 202 of Executive Order 11246 of September 24, 1965,and
shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965,and of the rules regulations,and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary
of Labor,or pursuant thereto,and will permit access to his books,records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules,regulations and orders.
00250-50
Exhibit 14 - Page 1 of 2
0
6. In the event of the contractor's noncompliance with the non-discrimination clauses of this
contract or with any of such rules,regulations,or orders,the contract may be canceled,
terminated,or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of
Labor,or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately preceding paragraph 1
and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will
be binding upon each subcontractor or vendor.The contractor will take such action with
respect to any subcontractor or purchase order as the contracting agency may direct as a
means of enforcing such provisions including sanctions for noncompliance.Provided,
however,that in the event the contract becomes involved in,or threatened with,litigation
with a subcontractor or vendor as a result of such direction by the contracting agency,the
contractor may request the United States to enter into such litigation to protect the
interests of the United States.
By: - -
Print:Michael C. Taylor
Title: Managing Member
Date: January 25,2010
Business Address:4952 North West 7"'Avenue,Miami,Florida 33127
•
Exhibit 14 - Page 2 of 2
Exhibit 15
CERTVICATION OF NONSEGREGATED FACILTI'IES
1. "Segregated facilities," as used in this provision,means any waiting rooms,work areas,
rest rooms and wash rooms,restaurants and other eating areas,time clocks, locker
rooms and other storage or dressing areas,parking lots,drinking fountains,recreation or
entertainment areas, transportation,and housing facilities provided for employees,that
are segregated by explicit directive or are in fact segregated on the basis of race,color,
religion, or national origin,because of habit, local custom,or otherwise.
2. By the submission of an offer,the bidder certifies that it does not and will not maintain or
provide for its employees any segregated facilities at any of its establishment,and that it
does not and will not permit its employees to perform their services at any location under
its control where segregated facilities are maintained.The bidder agrees that a breach of
this certification is a violation of the Equal Opportunity clause of the contract,
3. By submission of the bid, the bidder, further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific time periods)it will:
a. Obtain identical certifications from proposed subcontractors before the award of
subcontracts under which the subcontractor will be subject to the Equal
Opportunity clause;
b. Retain such certifications in its files;and
c. Forward this certification and the attached NOTICE TO PROSPECTIVE
SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF
NONSEGREGATED FACILITIES to proposed subcontractors.
d. By commencing performance of the Contract work,the selected contractor
certifies to the Nonsegregated Facilities provisions above.
Note:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
By:
Print:Michael C.Taylor
Title: Managing Member
Date: January 25,2010
Business Address:4952 North West 7th Avenue,Miami,Florida 33127
Exhibit 15 - Page 1 of 1
Exhibit 16
NOTICE OF REQUIREMENT
CLEAN WATER, CLEAN AIR,EXECUTIVE ORDER(E.O.) 11738
AND EPA REGULATIONS PROVISION
This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1 857 et
seq.,the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR Part IS,as amended from time to
time.
The Contractor and any of its subcontractors for work funded under this Agreement which is in
excess of$100,000,agree to the following requirements:
I. Any facility to be utilized in the performance of this proposed contract has(),has
not(X)been listed on the Environmental Protection Agency List of Violating
Facilities;
2. The contractor or any of its subcontractors agree to comply with all the
requirements of Section 114 of the Clean Air Act,as amended (42 ISC 1857c-8)and
Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318)
relating to inspection, monitoring, entry, reports, and information, as well as all
other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
3. The contractor or any of its subcontractors agree that,as a condition for the award
of the contract, prompt notice will be given of any notification received from the
Director, Office of Federal Activities, Environmental Protection Agency (EPA)
indicating that a facility utilized or to be utilized for the contract is under
consideration to be listed on the EPA list of Violating Facilities;and
4. The Contractor or any of its subcontractors agree that he will include or cause to
be included the criteria and requirements in paragraph 1 through 4 of this section in
every nonexempt sub-contract and that the Contractor will take such action as the
Government may direct as a means of enforcing such provisions.
Name of Bidder: CBHC,LLC
Authorized Signature: _ —
Date:January 25,2010 /
Official Address (including Zip Code): 4952 North West 7th Avenue,Miami,Florida 33127
Exhibit 16 - Page 1 of 1
Exhibit 17
CERTIFICATION OF COMPLIANCE
WITH FEDERAL REGULATIONS
The bidder certifies that he/she will comply with all applicable standards,orders or regulations
issued pursuant to the clean Air Act of 1970(42 U.S.C. 1857 et seq.)and the Federal Water
Pollution Control Act(33 U.S.C. 1251 et seq.)as amended and with the Lead-Based Paint
Poisoning Prevention Act(Public Law 91-695).All applicable rules and orders of the Federal
Government issued there under prior to the execution of the contract, shall be binding upon the
prime bidder, its subcontractors,and assignees.Violations by contractors will be reported to the
U.S. Department of Housing and Urban Development and the Regional Office of the
Environmental Protection Agency.
Name of Bidder: CBHC,LLC
Signature: r/
Michael C.Taylor /
Managing Member
Date: January 25,2010
Official Address(including Zip Code):4952 North West 7°i Avenue,Miami,Florida 33127
Exhibit 17 - Page 1 of 1
Exhibit 18
CER iFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549,Debarment and Suspension,and implemented at 28 CFR Part
67,for prospective participants in primary covered transactions,as defined at 28 CFR Part 67, Section
67.510-
1. The applicant certifies that it and its principals:
(a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,sentenced
to a denial of Federal benefits by a State or Federal court,or voluntarily excluded from
covered transactions by any Federal department or agency;
(b)Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining,attempting to obtain, or
performing a public(Federal, State,or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes or commission
of embezzlement,theft,forgery,bribery,falsification or destruction of records,
making false statements,or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State,or local)with commission of any of the
offenses enumerated in paragraph(1)(b)of this certification;and
(d)Have not within a three-year period preceding this application had one or more
public transactions(Federal, State, or local)terminated for cause or default;
and
2. Where the applicant is unable to certify to any of the statements in this certification,he or she
shall attach an explanation to this application.
Name of Bidder:CBEC,LLC
Signature: -4-1--- •
Date:January 25,2010
Official Address(including Zip Code):4952 North West 71"Avenue,Miami,Florida 33127
00250-56
Exhibit 18 - Page 1 of 1
Exhibit 19
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO
ADMINISTER OATHS
I.This form statement is submitted to; City of Opa Locks
By;IVEchael C.Taylor,Managing Member
(Print individual's name and title)for
CBHC,LLC
(Print name of entity submitting sworn statement)
whose business address is;
4952 North West 7th Avenue,Miami,Florida 33127
and if applicable its Federal Employer Identification Number(FEIN)is;
80-0494085
If the entity has not FEIN, include the Social Security Number of the individual signing this sworn
statement.
2. I understand that a"public entity crime" as defined in paragraph 287.133(I)(g).Florida
Statues,means a violation of any state or federal law by a person with respect to an
directly related to the transactions 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 public entity or agency or
political subdivision of any other state or of the United States and involving antitrust,
fraud,theft,bribery,collusion,racketeering,conspiracy,or material misinterpretation.
3. I understand that"convicted"or"conviction"as defined in Paragraph 287.I33(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 an federal or state trial court of record relating to
charges brought by indictment or information after July I, 1989,as a result of a jury
verdict, non jury trial,or entry of a plea of guilty or nolo contendere.
00250-57
Exhibit 19 - Page 1 of 3
4. 1 understand that an "Affiliate"as defined in paragraph 287.133(1)(a), Florida Statutes
means:
1. A predecessor or successor of a person convicted of a public entity crime,or
2.An entity under the control of any natural person who 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,executives,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 amount persons when not for fair
market value under an arm's length agreement,shall be a prima fade case that one
person controls another person. A person who knowingly enters into ajoint 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.
5.1 understand that a "person"as defined in Paragraph 287.133(1)(e),Florida Statues,
means any natural person or entity organized under the laws of any state or of the United
States within the legal power to enter into a binding contractor and which bids or applies
to bid on contracts for the provision of goods or entity. The term"person"includes those
officers, executives, partners,shareholders,employees, members,and agents who are
active in management of an entity.
6. Based on information and belief,the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.
X Neither the entity submitting sworn statement,nor any of its officers, director,
executives,partners,shareholders,employees,member 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 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 had been
charged with and convicted of a public entity crime subsequent to July 1, 1989,
AND(please indicate which additional statement applies).
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,nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent proceeding before a Hearing
Officer of the State of the State of Florida. Division of Administrative Hearings and 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).
Exhibit 19 - Page 2 of 3
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED.1 ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN
SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
By: — tgnature)
Michael C.Taylor,Managing ber
Sworn to and subscribed before me this 25a' day of January 2010.
Personalty Known
Or produced identification
Notary Public-State of Florida
-
.1“' AY fAY C0 9�Iirye gonted7hNK Y
t.
My commis:ton ex ires
(Printed,typed or stamped commissioned
name of notary public)
00250-58
Exhibit 19 - Page 3 of 3
Exhibit 20
CERTIFICATION REUI;LNT_
This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban
Development Federal Labor Standards Provisions(HUD Form 40I0)concerning the
Community Center Sherbondy Village.
Further, I hereby certify that I have on this date, read, examined, understood and
acknowledge the contents of U.S.Department of Labor requirements,particularly the
requirements contained in Wage General Decision Number that
is applicable to this project.
I hereby agree to abide by the requirements of the Federal Labor Standards Provision
issued by the United States Department of Housing and Urban Development and
described in Form HUD-4010 and those requirements contained in Wage General
Decision FL20080126 for this project.
Name: CBHC,LLC
Employer ID#80-0494085
Authorized Signature:
Print Name:Michael C.Taylor
Title:Managing Member
Date:January 25,2010
Full Address(including Zip Code):4952 North West 7`r`Avenue,Miami,Florida 33127
Telephone Number.(954)9'77-4211
Check one,as applicable:
X Contractor
Subcontractor
Other
00250-60 ==
Exhibit 20 - Page 1 of 1
Exhibit 21
SECTION 00660
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A.STANDARDS
TO THE CITY OF OPA-LOCKA:
We, CBHC, LLC,hereby acknowledge and agree that as Contractors for the
Community Center
Sherbondy Village
within the limits of the City of Opa-Loeka, Florida, that we have the sole responsibility for
compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and
all State and Local Safety and Health regulations, and agree to indemnify and hold harmless
the City of Opa-Locica and its Consulting Engineers against any and all legal liability or loss the City
or the Engineer may incur due to failure to comply with such act.
Attest: Contractor:CBHC,LLC
By:
Rita Fo_ to 1ltichael C.Taylor,Managi /40r-
Michael • r
Date:January 25,2010
Melissa Taylor
END OF SECTION
Exhibit 21 - Page 1 of 1
y - a
. 1111111111111111111
Exhibit 22
SECTION 00665
TRENCH SAFETY ACT COMPLIANCE
Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. se-g. which became
effective October 1, 1990, shall be in effect during the period of construction of the project. The
Bidder, by signing and submitting the bids, in writing, assuring that it will perform any trench
excavation in accordance with applicable trench safety standards. The Bidder further identifies the
following separate item of costs of compliance with the applicable trench safety standards as well
as the methods of compliance:
Methods of Compliance
This project does not have any deep excavations during construction,with the exception of the drain field.
There will be no personnel in the excavation of the drain field. The Site Utility Contractor will utilize an
Excavation lay back method,to accept angle or repose,to ensure compliance with the Trench Safety Act.
These costs are included with the Site Utility budge at$1.50/LF of open french.
(fill in methods)
Total$
Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the
Grand Total Bid Price. Failure to complete the above will result in the bid being declared non-
responsive.
The Bidder is, and the Owner and Engineer are not, responsible to review or assess Bidder's
safety precautions, programs or costs, or the means, methods, techniques or technique
adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or
cost, including but not limited to, compliance with any and all requirements of Florida Statute
Section 553.60 et. sea. cited as the Trench Safety Act. Bidder is, and the Owner and Engineer are
not, responsible to determine if any safety or safety related standards apply to the project,
including but not limited to,the Trench Safety Act.
Michael C.Taylor,Managing em' •
Sworn to and subscribed before me in the State and County first mentioned above on the
25`x' day of January 2010
Notary ldYGEx4}i h 1Fa9 6Si `0 ;Du 7D
I___I\
END OF SECTION
00665-1 Exhibit 22 - Page 1 of 1
Exhibit 23
NOTICE TO PROPOSPECTIVE SUBCONTRACTORS OF REQUIRMENT
FOR CERTIFICATION OF NON SEGRATED FACILITIES
A certification of Nonsegregated Facilities,as required by the May 9,1967,order(32 F.R.7439,May 19,
1967)on Elimination of Segregated Facilities by the Secretary of Labor,must be submitted prior to the
award of a subcontract exceeding$10,000,which is not exempt from the provisions of the Equal
Opportunity Clause. The certification may be submitted either for each subcontract or for all
subcontracts during a period(i.e.,quarterly,semiannually,and annually).
Note:The penalty for making false statement in offers Is prescribed in 18 U5.C.1001
By:
Michael C.Taylor
Managing Member
Dated:January 25,2010
Address:4952 North West 7th Avenue,Miami,Florida 33127
•
Exhibit 23 - Page 1 of 1
Exhibit 24
OTHER REQUIRED CERTIFICATIONS
EQUAL EMPLOYMENT OPPORTUNITY
Bidder,by submission of this quotation represents:
The undersigned has,,has not(participated in a previous contract or subcontract subject to the Equal
Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No.
10925,or the clause contained In Section 201 of Executive Order No.11114;that it has_,has notzc,filed
all required compliance reports;and that representations indicating submission of the required
compliance reports,signed by proposed subcontractors,will be obtained prior to compliance reports,
signed by proposed subcontractors,will be obtained prior to subcontract awards. (the above
representation need not be submitted in connection with contracts or subcontracts which are exempt
from the clause.)
AFFIRMATIVE ACTION
The bidder represents that(1)if has_developed and has on file,has not K,developed and does not
have on file,at each establishment an affiirmative action program as required by the rules and regulation
of the Secretary of Labor(41 CFR 60-1 and 60-2),or(b)it has not X previously had contracts subject to
written affirmative action program requirements of the rules and regulations of the Secretary of Labor.
AMERICANS WITH DISABILITIES ACT
The contractor represents and certifies the following as part of its offer:
By submission of an offer,the bidder certifies that it complies with the American with Disabilities Act,
42 U.S.C.,and 12101 etseq.,and will maintain compliance throughout the life of the Contract. By
commencing performance of the Contract work,the selected contractor certifies to the American with
Disabilities Act compliance.
COPELAND ANTI-KICKBACK
By submission of a bid,the bidder certifies that it has read and complies with the General Provision
entitled"Anti-Kickback Procedures:as stated in24 CFR part 85.36 as follows:
All contracts and subcontracts for construction or repair shall include a provides for compliance with the
Copeland"Anti-Kickback"Act(18 USC 874)as supplemented In Department of Regulations(29 CFR,Part
3). This Act provides that each contractor or subcontractor shall be prohibited from inducing,by any
means,any person employed in the construction,completion,or repair public work,to give up any part
of the compensation to which he is otherwise entitled.
By submission of this bid,the bidder attests that neither it nor any of its employees has performed or
participated in any prohibited actions,as defined in this provision.
Exhibit 24 - Page 1 of 3
•
BYRD ANTI-LOBBYING AMENDMENT(31 U.S.C.1352)
This certification applies to those contractors who apply for award of bid of$109,999 or more:
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to any
person or organization for influencing or attempting to influence an officer or employee of any agency,a
member of Congress,officer or employee of Congress,or an employee of a member of Congress in
connection with obtaining any Federal contract,grant or any other award covered by 31 US.C.1352.
Each Tier shall also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICPATED BEING OR IS
DEBARRED,SUSPENDED,OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT.STATE OF
FLORIDA.OR MIAMI-DADE COUNTY AT THE TIME OF AWARD.
This certification applies to a contract or subcontract in excess of$25,000
By submission of an offer,the bidder certifies that it has provided full disclosure in writing to City of One
Locke(Name of implementing agency)whether as of the anticipated time of award of any contract
resulting from this solicitation;it anticipates that it or its principals will be debarred,or proposed for
debarment by the federal Government.State of Florida.Miami-Dade County.
By commencing performance of the Contractor work,the selected Contractor certifies that it has made
full disclosure in writing to City of Opa Locka(name of implementing agency)as to whether as of the
time of award it or an of its principals is debarred,suspended,or proposed for debarment by the
Federal Government,State of Florida.or Miami-Dade County.
NONDISCRIMINATION CLAUSE
Section 109,Housing and Community Development Act of 1974
No person in the United States shall on the ground of race,color,national origin or sex be excluded from
participation in,be denied the benefits of,or be subjected to discrimination under any program or
activity funded in whole or in part with funds available under Section109,Housing and Community
Development Act of 1974.
AGE DISCRIMINATION ACTOR OF 1975,AS AMENDED
Non Discrimination of the Basis of Age
No qualified person shall on the basis of age be excluded from participation in,be denied the benefits
of,or otherwise be subjected to discrimination under any program or activity which receives or benefits
from Federal assistance.
Exhibit 24 - Page 2 of 3
SECTION 504 OF THE REHABILITATION ACT OF 1973,AS AMENDED
Non-discrimination on the Basis of Handicap
No qualified handicapped person shall,on the basis of handicap be excluded from participation in,be
denied the benefits of,or otherwise be subjected to discrimination under any program or activity which
received or benefits from Federal assistance.
BY: CBHC,LLC
Michael C.Taylor,Managing -m•er
Date: January 25,2010
Address:4952 North West 7th Avenue,Miami,Florida 33127
Exhibit 24 - Page 3 of 3
Exhibit 25
NONCOLLUSION AFFIDAVIT
State of Florida
County of Broward
Michael C.Taylor,being first duly sworn,deposes and says that:
(1) He/She is Managing Member of CBHC,LLC,the Bidder that has submitted the attached bid.
(2) Bidder has been fully informed regarding the preparation and contents of the attached Bid
and of all pertinent circumstances regarding such Bid;
(3) Such Bid is genuine and is not a collusion or sham Bid;
(4) Neither the said Bidder nor any of its officers, partner, owners, agents, representatives,
employees or parties in interest, induding this afflant has in any way colluded, conspired
connived or agreed,directly or indirectly with any other Bidder,firm or person to submit a
collusive or sham Bid in connection with the contractor for which the attached Bid has been
submitted or to refrain from bidding in connection with such contract,or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference
with any other Bidder,firm or person to fix the price or prices,profit or cost element of the
Bid price or the Bid price of any other Bidder, or to secure through advantage against the
City of Opa Locka (Local Public Agency)or any person interested in the proposed Contract;
and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion,conspiracy,connivance or unlawful agreement on the part of the Bidder or any of
its agents,representatives,owners,employees,or parties in interest,including this afflant.
Michael C.Taylor
Managing Member
Subscribed and sworn to before me this
25`h day ofianu.• f
,. I `�A�
`';., � MycahAW691Ot4 DD X17
Notary •-al: yr ��u,�„wnm,,
Exhibit 25 - Page 1 of 1
)r.�1�w.,-
' �` ;5,c Exhibit 26
'r'A�' ' REPORT OF PRE-DEMOLITION SURVEY,
'�` .,. s,► , INVASIVE SAMPLING AND ANALYSIS FOR
.:.-' ASBESTOS-CONTAINING MATERIALS
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{ =�r °2i ADMINISTRATIVE MUNICIPAL COMPLEX BUILDING
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1} `',g,,,v'r � OPA-LOCKA, FLORIDA 33054 •
. .. EBS PROJECT NO.820-0901054.01
r.
,rI., .�a August 13, 2009
I ,,F. -' 1.;
s PREPARED FOR
j 1�,r; ' CITY OF OPA-LOCKA, FLORIDA
7..•x PUBLIC WORKS AND UTILITIES DEPARTMENT
`r` ll 12950 NW 42ND AVENUE
3' OPA-LOCKA, FLORIDA 33054
..„.........,..;_ .
.'-1, ' PREPARED BY
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4:•41 4715 NW 157 ST. STE.202
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F. 1 f ENGINEERING AND ENVIRONMENTAL SERVICES
Exhibit 26 - Page 1 of 22
i
.n.:::1"‘II J� ENGINEERING, INC.
1 ENGINEERING AND ENVIRONMENTAL SERVICES
August 13, 2009
Mr. Fernand Thony, P.E.
Operations Manager
City of Opa-Locka, Florida
Public Works and Utilities Department
12950 NW 42nd Avenue
Opa-Locka, Florida 33054
Subject: Report of Pre-Demolition Survey, invasive Sampling and Analysis for
Asbestos-Containing Materials
Administrative Municipal Complex Building
.:J
215 Perviz Avenue
Opa-Locka, Florida 33054
EBS Engineering Project Number 820-0901054.01
Dear Mr. Thony:
EBS Engineering, Inc. (EBS) has completed the pre-demolition survey, invasive
sampling and analysis of suspect asbestos-containing materials (ACMs) in the
Municipal Building located at 215 Perviz Avenue in Opa-Locka, Florida. The field
sampling was performed on August 11, 2009 by Mr. Damon Joseph of EBS.
Authorization for our services was provided by you on August 10, 2009. This report
presents the project information, bulk sampling procedures, the analytical results with
recommendations for the removal of the ACMs identified.
EBS appreciates the opportunity to be of service to you and looks forward to our
continued association. If you should have any questions concerning this report, please
contact us at your convenience.
j Sincerely,
EBS ENGINEERING, INC.
Business License It ZA-0000069
t •
Sharon L. Gracey % Ben'- in S. -sien, P, .
Environmental Scienti F •rida Asbes s Consu a t
icense Num.er EA000 079
E6St820-0901054.01.REPORT
EBS ENGINEERING,INC.
4715 NW 157 ST.STE.202
MIAMI,FLORIDA 33014
Tel. 305-625-5252•Fax.305-625-7110
Exhibit 26 - Page 2 of 22
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REPORT OF PRE-DEMOLITION SURVEY,
1 INVASIVE SAMPLING AND ANALYSIS FOR
ASBESTOS-CONTAINING MATERIALS
ADMINISTRATIVE MUNICIPAL COMPLEX BUILDING
215 PERVIZ AVENUE
OPA-LOCKA, FLORIDA 33034
EBS PROJECT NO. 820-0901054.01
August 13, 2009
PREPARED FOR
CITY OF OPA-LOCKA, FLORIDA
PUBLIC WORKS AND UTILITIES DEPARTMENT
12950 NW 42ND AVENUE
OPA-LOCKA, FLORIDA 33054
•
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I
Exhibit 26 - Page 3 of 22
Administrative Municipal Complex Building
215 PeN/z Avenue, Opa-Locka, Florida E S ENGINEERING,INC.
August 13, 2009
TABLE OF CONTENTS
Page
I. BACKGROUND INFORMATION 1
II. FACILITY DESCRIPTION 1
III. SURVEY PROCEDURES 1
IV. RESULTS OF LABORATORY ANALYSIS 3
11 V. FINDINGS AND RECOMMENDATIONS 7
VI. QUALIFICATIONS ... 7
APPENDIX A: SITE PHOTOGRAPHS
APPENDIX B: LABORATORY ANALYTICAL RESULTS
I_,
1j
I
EBS Engineering Project No. 820-0901054.01
Exhibit 26 - Page 4 of 22
Administrative Municipal Complex Building
295PervlzAvenue, Opa-Locka, Florida E S ENGINEERJNG,iNC.
�. August 13, 2009
I. BACKGROUND INFORMATION
EBS Engineering, inc. was contacted by Mr. Fernand Thony concerning the pre-
demolition survey, invasive sampling and analysis of suspect asbestos-containing
materials in the Administrative Municipal Complex Building located at 215 Perviz
Avenue in Opa-Locka, Florida. It is our understanding that this sampling is necessary
prior to the planned demolition of the building and for permitting purposes.
The purpose of the invasive sampling was to locate and identify asbestos-containing
building materials in the building prior to any disturbance by demolition activities. The
roof and exterior areas of the building were included in this survey.
H H. FACILITY DESCRIPTION
The subject building is the single-story concrete block Administrative Municipal Complex
I r Building located at 215 Perviz Avenue in Opa-Locka, Florida with approximately 6,000
square feet of floor space. The interior finishes in the building include; vinyl tile on the
1. floor, drywall boardor concrete on the interior partitions, and ceiling tiles and popcorn
ceiling treatment. The air-conditioning duct insulation was observed to be fiberglass
wrapped with aluminum foil with white mastic at the seams. The exterior walls were
concrete finished with stucco. The main roof was membrane/mastic with black mastic
at the roof penetrations.
III. SURVEY PROCEDURES
General
The invasive survey was performed by observing accessible building materials in the
Administrative Municipal Complex Building. The primary purpose of the survey was to
locate, identify and assess building materials which were suspected to contain
LI asbestiform minerals. Friable and non-friable asbestos-containing materials (ACMs)
encountered during the survey are addressed in this report. Friable materials, when
dry, will crumble and release fibers under normal hand pressure, whereas non-friable
materials will not.
The sampling protocol used in this asbestos survey is in general accordance with Title
40, Code of Federal Regulations (CFR), Part 763.86 and State of Florida Statutes.
Bulk Sampling Procedures
The bulk sampling procedures used for the collection of suspect materials first required
the establishment of homogenous sampling areas, which are defined as areas of
materials of the same type and applied during the same general time period. The
homogenous sampling areas were then examined and representative samples of
suspect materials were obtained from these areas:
EBS Engineering Project No. 820-0901059.09 Page 1 ;/'
Exhibit 26 - Page 5 of 22
Administrative Municipal Complex Building
215 Pervlz Avenue, Opa-Locka, Florida ENGINEERING,INC..
August 13, 2009
The U.S. Environmental Protection Agency (EPA) has published guidelines and
recommendations for obtaining samples of asbestos-containing materials. These
guidelines were followed during our survey, where appropriate. Additionally, samples of
these materials were obtained at the discretion of our personnel based on past
experience.
Bulk samples collected during the site survey were analyzed by Polarized Light
Microscopy (PLM) coupled with dispersion staining. PLM is an analytical method for
asbestos identification which depends on the unique optical properties of mineral forms
in the samples and specifically identifies the various asbestos types. The optical
properties are a result of the mineral's chemical composition, physical atomic structure,
and visual morphology. This is the recommended method of analysis by EPA for
asbestos identification in bulk samples. Dove Environmental Corporation, the
laboratory that analyzed the samples, has attained National Institute of Standards and
1 Technology (NIST) accreditation through participation in the National Voluntary
Laboratory Accreditation Program (NVLAP). Percentages of the identified types of
asbestos are determined by visual estimation. Any material containing more than one
percent (1%) of asbestos is considered by EPA and Occupational Safety and Health
Administration (OSHA)to be ACM.
The following suspect materials were sampled in the Administrative Municipal Complex
Building during our survey:
1. Drywall Board
2. Tape and Joint Compound
L 3. Popcorn Ceiling Treatment
4. White/Brown Floor Tile/Mastic
5. White Ceiling Tile
6. Brown Vinyl Baseboard
'1 7. Gray Window/Door Caulking
8. White Duct Insulation Mastic
9. Silver Roof Flashing Material
10.Black Pitch Pan Mastic
11.Black Roof Penetration Mastic
12.Red Roofing Material at Perimeter
13.Silver Roof Shingles
•
EBS Engineering Project No. 820-0901054 01
Exhibit 26 - Page 6 of 22
Administrative Municipal Complex Building
215 Perviz Avenue, Opa-Locka,Florida E ENGINEERING,INC,
August 13, 2009
IV. RESULTS OF LABORATORY ANALYSIS
Laboratory results of the invasive sampling revealed that asbestos greater 1% was
detected in eight of the 61 material samples obtained from the Administrative
Municipal Complex Building located at 215 Perviz Avenue during our survey.
Asbestos concentrations expressed within the laboratory results are based on visual
estimation. The point counting method of quantification is recommended for asbestos
• concentration below ten percent. The results of the 51 samples are summarized in
Table 1. The PLM results of each sample obtained during the survey is included in
Appendix B. Building materials found to contain asbestos were in the following
homogenous material sampling areas.
WHITE/BRt7WN VINYL FLOOR TILE/MASTIC
Sample#: 22, 23, 24, 25, 26 '
This material found and sampled on the floor tile was found to contain 1.5%
Chrysotile Asbestos in the mastic. This material, which is non-friable, was
observed to be in good condition at the time of our survey and may cover an area
of approximately 6,000 square feet,
BLACK PITCH PAN MASTIC
Sample#: 39, 40, 41
This material found and sampled on the roof was found to contain 1.5%
Chrysotile Asbestos. This material, which is non-friable, was observed to be in
good condition at the time of our survey and may cover an area approximately 14
square feet.
•
y .
EBS Engineering Project No. 820-0901054.01 Page 3
Exhibit 26 - Page 7 of 22
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Exhibit 26 - Page 10 of 22
I
Administrative Municipal Complex Building
EBs215 Perviz Avenue, Opa-Locka,Florida ENGINEERING,INC-
August 13,2009
V. FINDINGS AND RECOMMENDATIONS
The results of the invasive sampling revealed that asbestos greater than 1% was
detected in the floor tile mastic and black roof pitch pan mastic found in the
Administrative Municipal Complex Building. Please refer to the laboratory analysis
sheets in Appendix B for a more detailed description of the microscopic analysis of
individual samples. Below is a breakdown of the asbestos-containing materials found,
analytical results, estimated removal cost, and material condition.
ESTIMATED
ASBESTOS ESTIMATED REMOVAL MATERIAL
LI MATERIAL DESCRIPTION PERCENTAGE QUANTITY COST CONDITION
Floor Tile Mastic 1.5%Chrysotile 6,000 s.f. $0 Good
Black Roof Pitch Pan Mastic 1.5%Chrysotile 14 s.f. $0 Good
TOTAL ESTIMATED REMOVAL COST: $0
PLEASE NOTE: The estimated costs do not include the replacement costs,
architectural/ engineering design, air and construction monitoring, permit and
contingency fees. The quantities provided are estimates and should be confirmed
by individual contractors for bidding on the project. The materials described above
are non-friable, and were also observed to be in good condition at the time of our
survey. The EPA National Emission Standard for Hazardous Air Pollutants (NESHAPS)
final rule requires removal of friable ACM, or non-friable ACM which may become
friable, prior to renovation/replacement or demolition activities. We recommend that
these materials be properly handled as per all applicable federal, state and local laws
and regulations. Note that asbestos-containing roofing and floor mastic materials
may be demolished with the building using wet demolition procedures.
VI. QUALIFICATIONS
EBS observed the existing conditions in the Administrative Municipal Complex Building
located at 215 Perviz Avenue in Opa-Locka, Florida using generally accepted
procedures. However, there is always the possibility that some areas containing
asbestos were not observed, inaccessible, or different from those at specific sample
locations. Therefore, conditions at every location may not be as anticipated and as
summarized in this report. In addition, renovation or demolition may uncover altered or
differing conditions. We recommend that you notify EBS if any changed conditions are
encountered so that we can assess the situation and its impact on this report
EBS Engineering Project No. 820-0901054.01 Page 7
Exhibit 26 - Page 11 of 22
Administrative Municipal Complex Building
215 Pervlz Avenue, Opa-Locka,Florida EBS ENGINEERING,INC.
August 13,2009
APPENDIX A
SITE PHOTOGRAPHS
EBS Engineering Project No. 820-0901054.01 /.
Exhibit 26 - Page 12 of 22
Administrative Municipal Complex Building
215 Perviz Avenue, Opa•Locka,Florida
EBS"
GINEERlNO,1NC.
August 13, 2009
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#3: Ceiling Tile (Nail Hole)
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oto Tile (Wave)
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Photo#5: Brown Baseboard Photo#6: Brown 12"x12" Floor Tile
I over White Floor Tile with
l Asbestos-Containing
Mastic
EBS Engineering Project Na. 820-0901054.01 , .
l
Exhibit 26 Page 13 of 22
1 .
Administrative Municipal Complex Building
215 Perviz Avenue, Opa-Locka,Florida EGI MC.
August 13,2009
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Photo #11: Black Asbestos-Containing Photo#12: Black Roof Pipe
IRoof Pitch Pan Mastic Penetration Mastic
EBS Engineering Project No. 820-0901054.01
■
Exhibit 26 - Page 14 of 22
Administrative Municipal Complex Building
215 Pervlz Avenue, Cpa-Locka, Florida ENGINEERING,INC.
August 13,2009
,�y,rl y , 71> i., ,�• t .,• r1
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rp Photo #13: Red Roof Material Photo#14 Roof Area
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Photo #15: Roof Area Photo#16: Red Roof Flashing Material
ti
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Photo#17: Silver Roof Shingles, Photo#18: Window/Door Caulking
INorth Lower Roof
EBS Engineering Project No. 820-0901054.01 111-.20..g'---
Exhibit 26 - Page 15 of 22
Administrative Municipal Complex Building
E r ENGINEERING,1NC.
215 Pervlz Avenue, Opa-Locka,Florida °.�
August 13, 2009
I .
iI
APPENDIX B
LABORATORY ANALYTICAL RESULTS
EBS Engineering Project No. 820-0901054.01
Exhibit 26 - Page 16 of 22
DOVE ENVIRONMENTAL CORP.
4715 N.W. 157 Street, Suite 203
Miami, Florida 33014
Tel. (305) 620-6050
Fax: (305) 620-6350
E-mail: ky.
Web Address: 7It.
CLIENT : EBS ENGINEERING, INC PAGE : 1
ADDRESS: 4715 NW 157ST STE.202
MIAMI FL 33014 DATE : OB/12/09
PROJECT: 820-0901054-01 SAMPLE ID: 0908145
NVLAP : 2053
CONSULT: BENJAMIN ESSIEN, P.E
Li LAB NO. 01 SAMPLE NO. : 215-01
FRI/HOM : YES/NO LAYERS: 03 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : WALLBOARD SYSTEM
ri
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
LAB NO. : 02 SAMPLE NO.: 215-02
FRI/HOM : YES/NO LAYERS: 03 DATE OF ANALYSIS: 08/12/09
• DESCRIPTION : WALLBOARD SYSTEM
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
LAB NO. : 03 SAMPLE NO. : 215-03
FRI/HOM : YES/NO LAYERS: 03 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : WALLBOARD SYSTEM
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
rrirtats-.-.. srsis�rt arrsranracas r t c r
Dove Environmental Corporation is solely responsible for analysis performed on sample content supplied by
client and netbod 40 CFR Part 763 Subpart F App. SPA/600(8-93/116. Percentages are visually estimated; point
count procedure vas not employed.Results relates only to item analyzed. This report should not be reproduced
by client or anyone without written permission from Dove Environmental Corporation. All samples vill be
stored for a period of 1 month. Our laboratory uses Carl Zeiss microscopes and is NVLAP accredited. Point
count performed at clients request.Floor-Tile is non-homogeneous and results only reflect sample content.
= r= r �__
‘1,45'44404-. ;
Analyst 1 Rajendranath Ramnath
LABORATORY MANAGER
Exhibit 26 - Page 17 of 22
DOVE ENVIRONMENTAL CORP.
4715 N.W. 157 Street, Suite 203
Miami, Florida 33014
Tel. (305) 620-6050
Fax: (305) 620-6350
E-mail: t ::,�:. . . ..n•
.._.
Web Address:
CLIENT : EBS ENGINEERING, INC PAGE : 2
ADDRESS: 4715 NW 157ST STE.202
MIAMI FL 33014 DATE : 08/12/09
PROJECT: 820-0901054-01 SAMPLE ID: D908145
NULAP : 2053
CONSULT: BENJAMIN ESSIEN, P.E
LAB NO. : 04 SAMPLE NO. : 215-04
FRI/HOM : YES/NO LAYERS: 03 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : WALLBOARD SYSTEM
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
LAB NO. : 05 SAMPLE NO. : 215-05
FRI/HOM : YES/NO LAYERS: 03 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : WALLBOARD SYSTEM
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
LAB NO. : 06 SAMPLE NO. : 215-09
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : TAPE AND JOINT COMPOUND
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
------ --------------------------------------------
D o v e Environmental Corporation is solely responsible for analysis performed on sample content supplied by
client'and method 40 CFI Part 763 Subpart F App. SPA/600/R-93/116. Percentages are visually estimated; point
count procedure was not employed.Results relates only to item analysed. This report should not be reproduced
by client or anyone without written permission from Dove Environmental Corporation. All samples will be
stored for a period of I month. Our laboratory uses Carl Zeiss microscopes and is IlVLAP accredited. Point
count performed at clients request.Floor-Tile is non-homogeneous and results only reflect sample content.
yam;.R ip ;°
Z
Analyst 1 Rajendranath Rarnnath
LABORATORY MANAGER
•
'Exhibit 26 - Page 18 of 22
DOVE ENVIRONMENTAL CORP.
4715 N.W. 157 Street, Suite 203
Miami, Florida 33014
Tel. (305) 620-6050
Fax: (305) 620-6350
I E-mall:
Web Address:
CLIENT : EBS ENGINEERING. INC PAGE : 3
ADDRESS: 4715 NW 157ST STE.202
MIAMI FL 33014 DATE : 08/12/09
PROJECT: 820-0901054-01 SAMPLE ID: D908145
NVLAP : 2053
CONSULT: BENJAMIN ESSIEN. P.E
saa��cr for �--saa
17 LAB NO. : 07 SAMPLE NO. : 215-07
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION . : TAPE AND JOINT COMPOUND
11 ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
LAB NO. : 08 SAMPLE NO. : 215-08 --
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : TAPE AND JOINT COMPOUND
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 30% CELLULOSE 10% FIBER-GLASS
NON FIBERS : 50% MINERALS 10% PAINT
ti LAB NO. : 09 SAMPLE NO. : 215-09
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : ACOUSTIC CEILING TILES - WAVE
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% FIBER-GLASS
15% MINERAL WOOL
NON FIBERS : 10% PAINT 10% MINERALS
5% PERLITES 5% MINERALS
- :zs=se=assssnersssssas=stsbeeessa ze_eea z_. ac
Dove Bnvironmental Corporation is solely responsible for analysis performed on sample content supplied by
client and method 40 CPR Part 763 Subpart P App, EPA/600/R-93/116. Percentages are visually estimated; point
count procedure was not employed.Results relates only to item analyzed. This report should not be reproduced
by client or anyone without written permission from Dove Rnvironeental Corporation. All samples will be
stored for a period of 1 moth. Our laboratory uses Carl Zeiss microscopes and is NVLAP accredited. Point
count performed at clients request.Floor-Tile is non-homogeneous and results only reflect sample content.
= = = L..-= L L.=.=========.2 t..
146‘2* 'Ir;(
Analyst 1 Rajendranath Ramnath
LABORATORY MANAGER
Exhibit 26 - Page 19 of 22
5`ca.�,za rr` Y,
DOVE ENVIRONMENTAL CORP.
4715 N.W. 157 Street, Suite 203
Miami, Florida 33014
Tel. (305) 620-6050
Fax: (305) 620-6350
E-mail: ::.,..:i • _ . ;r;.t•
Web Address: rr^
CLIENT : EBS ENGINEERING, INC PAGE : 4
ADDRESS: 4715 NW 157ST STE.202
MIAMI FL 33014 DATE : 08/12/09
PROJECT: 820-0901054-01 SAMPLE ID: 0908145
NVLAP : 2053
CONSULT; BENJAMIN ESSIEN, P.E
LAB NO. : 10 SAMPLE NO. : 215-10
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION. : ACOUSTIC CEILING TILES - WAVE
(i ASBESTOS TYPE: NONE-DETECTED
i OTHER FIBERS : 40% CELLULOSE 15% FIBER-GLASS
15% MINERAL WOOL
NON FIBERS : 10% PAINT 10% MINERALS
5% PERLITES 5% MINERALS
LAB NO. : 11 SAMPLE NO. : 215-11
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : ACOUSTIC CEILING TILES - WAVE
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% FIBER-GLASS
15% MINERAL WOOL
NON FIBERS : 10% PAINT 10% MINERALS
5% PERLITES 5% MINERALS
LAB NO. : 12 SAMPLE NO.: 215-12
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION ING TILES - WAVE
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% FIBER-GLASS
15% MINERAL WOOL
NON FIBERS : 10% PAINT 10% MINERALS
5% PERLITES 5% MINERALS
L S C L LCCLS.LS-
Dove Bavironnental Corporation is solely responsible fox analysis performed on sample content supplied by
client and method 40 CFR Part 763 Subpart P App. 11PA/600/R-93/116. Percentages are visually estimated; point
count procedure as not employed.Results relates only to item analyzed. This report should not be reproduced
by client or anyone without written permission from Dove Bavironnental Corporation. All samples will be
stored for a period of I month. Our laboratory uses Carl Zeiss microscopes and is VLAP accredited. Point
count performed at clients request.Floor-Tile is non-homogeneous and results only reflect sample content.
r srsrLLLL- LLCLLL�LL z rsLLrerLe L
Analyst 1 Rajendranath Ramnath
LABORATORY MANAGER
Exhibit 26 - Page 20 of 22
4 is
-
DOVE ENVIRONMENTAL CORP.
4715 N.W. 157 Street, Suite 203
Miami, Florida 33014
Tel. (305) 620-6050
Fax; (305) 620-6350
E-mall: t: . . -
Web Address: 1:- .• -
CLIENT : EBS ENGINEERING, INC PAGE : 5
ADDRESS: 4715 NW 157ST STE.202
MIAMI FL 33014 DATE : 08/12/09
ti PROJECT: 820-0901054-01 SAAMPPLLE ID:09908145
CONSULT: BENJAMIN ESSIEN. P.E: 13
FRI/NOON YES/NO LAYERS: 02 DATE OF SAMPLE
ANALYSIS: 08/12/09
DESCRIPTION• : ACOUSTIC CEILING TILES - WAVE
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% FIBER-GLASS
15% MINERAL WOOL
NON FIBERS : 10% PAINT 10% MINERALS
5% PERLITES 5% MINERALS
LAB NO. : 14 SAMPLE NO. : 215-14
FRI/HON : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : ACOUSTIC CEILING TILES - NAIL HOLES
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE
15% FIBER-GLASS 15% MINERAL WOOL
NON FIBERS : 10% PAINT 10% MINERALS
5% GLASS-SHOTS 5% PERLITES
LAB NO. : 15 SAMPLE NO. : 215-15
FRI/HON : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : ACOUSTIC CEILING TILES - NAIL HOLES
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% MINERAL WOOL
15% FIBER-GLASS
NON FIBERS : 10% PAINT 10% MINERALS
5% GLASS-SHOTS 5% PERLITES
Dove Environmental Corporation is solely responsible for analysis performed on sample content supplied by
client and method 40 CPR Part 763 Subpart P App. EPA/600/R-93/116. Percentages are visually estimated; point
count procedure was not employed.Results relates only to item analyzed. Thie report should not be reproduced
by client or anyone without written permission from Dove Environmental Corporation. All samples will be
stored for a period of 1 month. Our laboratory uses Carl Zeiss microscopes and is PUP accredited. Point
count performed at clients request.Ploor-Tile is von-homogeneous and results only reflect sample content.
Analyst 1 Rajendranath Ramnath
LABORATORY MANA _-
Exhibit 26 - Page 21 of 22
•
DOVE ENVIRONMENTAL CORP.
L
4715 N.W. 157 Street, Suite 203
I Miami, Florida 33014
Tel. (305) 620-6050
Fax: (305) 620-6350
E-mail: is :,=4a ; , I ..
Web Address: ;. r'
CLIENT : EBS ENGINEERING, INC PAGE : 6
I ADDRESS: 4715 NW 157ST STE.202
MIAMI FL 33014 DATE : 08/12/09
PROJECT: 820-0901054-01 SAMMPPLLE ID:2990008145
CONSULT: BENJAMIN ESSIEN, P.E
t'i LAB NO. : 16 SAMPLE NO. : 215-16
Li FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : ACOUSTIC CEILING TILES - NAIL HOLES
I; ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% MINERAL WOOL
15% FIBER-GLASS
NON FIBERS : 10% PAINT 10% MINERALS
I
5% GLASS-SHOTS 5% PERLITES
LAB NO. : 17 SAMPLE NO. : 215-17
FRIIHOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
I DESCRIPTION : ACOUSTIC CEILING TILES - NAIL HOLES
ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% MINERAL WOOL
15% FIBER-GLASS
NON FIBERS 10% PAINT 10% MINERALS
5% GLASS-SHOTS 5% PERLITES
L1
LAB NO. : 18 SAMPLE ND. : 215-18
FRI/HOM : YES/NO LAYERS: 02 DATE OF ANALYSIS: 08/12/09
DESCRIPTION : ACOUSTIC CEILING TILES - NAIL HOLES
1i ASBESTOS TYPE: NONE-DETECTED
OTHER FIBERS : 40% CELLULOSE 15% MINERAL WOOL
15% FIBER-GLASS
1 NON FIBERS : 10% PAINT 10% MINERALS
5% GLASS-SHOTS 5% PERLITES
j Dove Environmental Corporation is solely responsible for analysis performed on sample content supplied by
i , client and method 40 CPR Part 763 Subpart P App. EPA/600/R-93/116. Percentages are visually estimated; point
count procedure was not employed.Results relates only to item analyzed. This report should not be reproduced
{ by client or anyone without written permission from Dove Environmental Corporation. All samples will be
stored for a period of 1 month, Our laboratory uses Carl Zeiss microscopes and is PUP accredited. Point
count performed at clients request.Ploor-Tile is non-homogeneous and results only reflect sample content.
ss c s ss:ess R.el�ae=srn ressessssssss:sssesss /ts
i er/L--Le-L I
Analyst 1 • Rajendranath Ramnath
LABORATORY MANAGER
i
Exhibit 26 - Page 22 of 22
EXHIBIT 27
BIDDER'S INITIAL SECTION 3 GOALS
1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development
Act of 1968,as amended.
2. The Bidder estimate that there will be 5% new employees hired during the
performance of this contract. Furthermore, should this contract be let to the Bidder, the
Bidder agrees to delineate work force needs (skilled, semiskilled, unskilled, labor, and
trainees)by category.
3. Of these new employees,the Bidder plans to hire at least 10% percent(%)from the
Section 3 Covered Area(Dade County,Florida).
4. The Bidder estimates that 25% percent(%) of those materials purchased for use on
this project will be from business located in the Section 3 Covered Area(Dade
County,Florida)
I, Michael C. Taylor (please print),as an authorized Officer of the
Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the
Housing and Urban Development Act of 1968, as amended, and will abide by them. We
further agree to abide by this Affirmative Action Plan to the greatest extent feasible and
realize that should we be awarded the contract, it becomes subject to monitoring for
compliance with this plan by Miami-Dade County Office of Community and Economic
Development.
Authorized Signature:,
Al0
Title: Managing Member
Company: CBHC, LLC
Employer(IRS) ID#: 80-0494085
Date:January 25, 2010
00250-32 , .....
Exhibit 27 - Page 1 of 6
, , a D r i t:,! 2
11$ro ER A9 . I � „
_
P R
/ ( ( '7( Q q� ( ( � ( { } ��j� dot q
!:..t.� ( ;A"i,� i V,' ) i k 1� .'II,4,r 1." f ! i if 1!.11 4 t i to Q Ji 11 (i h 1+ _l i• f i..1i
(2 EHC, L L C L ocal Y\workforce PavticipaUon Han Uve V@ovt'
CBHC,LLC is committed to partnering with local qualified businesses as construction discipline
subcontractors or equipment/materials suppliers. Our goal in the construction of the Sherbondy
Village Community Center project is to focus on those local businesses within the limits of the City
of Opa-Locka, then to those qualified Subcontractors within Miami-Dade County, so as to
maximize the financial benefit to your community and its residents.
Strategies for Maximizing Local Labor Forces &Business Participation:
CBHC,LLC would propose the scheduling of a local neighborhood
job fair at,or near, the project site,in the early stages of construction.
This fair would be attended by CBHC,LLC,major subcontractors,
Community Job Fair material suppliers and vendors,who would speak to and interview
Pro am qualified applicants for employment. This approach to increasing
Iocal workforce has been proven successful on previous projects,not
only for the local residents seeking employment, but also those
Subcontractors,Material Suppliers and Vendors who are reaping the
long term employment benefits of those local residents .
CBHC,LLC has entered into agreement(see attached
RECRUITMENTAGREEMENI) with City of Opa-Locka local
labor force liaison Youth Co-Op, Inc. to form a partnership with the
common goal of increasing and training local job applicants,as per
the following:
• Designation of a local community representative at Youth Co-
Local Labor Op,Inc. to assist those residents seeking employment
Development o Recruitment of a pool of local qualified applicants to meet the
Commitment needs of the project.
O Provide information and assist in the application process for
Training Assistance Grants for those qualified applicants,
specifically:
o Customized Training Programs
o On the Job Training
CBI-IC,LLC has already identified and committed to local business to
ensure their participation in the Sherbondy Village Community Center
project,should we be awarded the contract for construction. Please
Pre-Construction review the attached commitment letters for the following City of
Commitments Opa-Locka businesses and the respective trades:
• Frye's Tool Rental(tool/equipment rental)
• Road Runner Professional Services,LLC (landscaping)
• Barrett Helping Hands Corporation(lunch catering truck)
Sherbondy Village—Community Center ,,,-`
Exhibit 27 - Page r 2 ; } 6
„ <
tli-)c.,()1,1 (1 -6ciffhg 1k..-41. 4oeis 1 eft,(—
•i -it atto:uy
CBHC,LLC has set the following local business minimum subcontracting goals for this project:
Total Miami-Dade Businesses (all designations) 40%+
Achieving the proposed local business subcontracting plan goals is based on our team of key
subcontractors submitted with this proposal. The following chart is a listing of key trades which we
feel we can let to local(Miami-Dade County) vendors:
TRADE LOCATION % OF
OVERALL
CONTRACT
Underground Utilities Miami-Dade County 4%
Paving Miami-Dade County 2%
Concrete Subcontractor Miami-Dade County 21%
Insulation Miami-Dade County 2%
Roofing Miami-Dade County 4%
Fire Sprinlders Miami-Dade County 3%
Plumbing Miami-Dade County 2.5%
Electrical Miami-Dade County 12%
Sherbondy Village—Community Center
Exhibit 27 - Page 3 .1,Y 6
Youth Co-op,Inc •
RECRUITMENT AGREEMENT
between
Youth Co-op,Inc
and
CBHC,LLC
Business/Organization Name
This Recruitment Agreement entered into by and between the YOUTH CO-OP,INC with office address at 780 Fisherman Street
Opa-locka,Florida 33054 ,hereafter referred to as YOUTH CO-OP,INC represented by Sylvia Daughtrcy and CBIIC,
LLC.with office address at 4952 NW 7th Ave.Miami,FL 33127 represented by Henry Crcspo,Sr.hereafter referred to as
Business,sets the following provisions to formalize the recruitment process with respect to your search for candidates:
1.0 General Provisions
The Business agrees to do the following:
1.1 The Business will list job orders with YOUTH CO-OP,INC and provide job descriptions for those
occupations.
1.2 Allow liaison representatives to assist in the interviewing process at the Business's site during
mass recruitments,including applicants not referred by the YOUTH CO-OP.INC.
1.3 Provide YOUTH CO-OP,INC with a supply of company applications for ccrrie_o_;3y c ii ed
applicants that may be referred to the Business and'or allow the use of com;u er generated
applications from the YOUTH CO-OP.NC site.
1.4 Inform YOUTH CO-OP,DIC of the hirine decisions made on each_==----referred..=
supplying a list of individuals hired to be c oss , _ OL=r �-
2.0 General Provisions
The YOUTH CO-OP,INC agrees to provide the follon-in:_at no cost:
2.1 Designate a liaison represenrative(sr sans emen:_._.;_
available for any questions and or concerns.
7.2 Recruit a pool of qualified applicants which reside within the enterprise who have been screened according to the selection criteria of the Business.
2.3 Refer qualified applicants with all applicable paperwork(including assessment
instructed by Business.
2.4 Provide information on Work Opportunity Tax Credit,and screen applicants for to_:znri-:e-
eligibility.
2.5 Conduct on-site and/or off-site recruitments based on the Business needs.
2.6 Provide information and assist with application for Training Assistance Grants the business may
qualify for,such as:
Q Customized Training Program(EWT) gJ On-the-Job Training(OJT)
0 Incumbent Worker Training(1WT) ❑Quick Response Training(QRT) ❑Other
3.0 PERIOD OF AGREEMENT
3.1 This Agreement shall be effective for a period of three(3)years upon its execution by authorized
representative of both parties,unless sooner terminated or cancelled in accordance with 5.0 of this
Agreement.
4.0 AMENDEMENT
4.1 Any party may initiate the review or reaffirmation of this Agreement as it sees fit.This agreement
shall be amended or modified accordingly upon mutual consent of both parties.
5.0 TERMINATION OF AGREEMENT
5.1 This agreement may be terminated at any time by either party without cause upon written notice.
However,this agreement will continue to be binding beyond termination if a referred hired
candidate supplied by South Florida Workforce YOUTH CO-OP,INC is subsequently hired
within one(1)year of the date of termination.
I have read and will comply with the terms of this agreement,entered into this day of ,2009 by and
between: Exhibit 27 - Page 4
Authorized Bus! ass/ Pia Authorized YOUTH CO-OP,IN Represe,t a 've •f 6
•
Signature: ► I •".; Signature: J -/
Name: Henry Cresn..Sr. Name- '7 v l
\\. I\A.4
•`.',<-LRIBERTY CITY
:(
f-. r _56‘\,.''` liberty City Communitylievitalization Trust
November 23, 2009
The Relocation &Development farm, Inc.
Henry Crespo, President
4952 NW 7th Ave.
Miami, FL 33127
RE: Liberty City Community Revitalization Trust
Dear Henry,
On behalf of the Liberty City Community Revitalization Trust,we recognize The Relocation and
Development Firm as one of our strategic community partners working to increase employment
opportunities for Liberty City residents.
You have demonstrated your commitment to working with us to inform Liberty City residents of
job opportunities through participation on community job fairs,receiving and acting upon
resident job applications and connecting us with developers wanting to market employment
opportunities to Liberty City residents.
As a result,we commend your efforts to keep us informed so we can link residents,community-
based organizations, public agencies and businesses within Liberty City to job and economic
development opportunities.
Please know we completely support the efforts of your firm and look to continuing our fruitful
partnership.
Sincerely,
(;;;(;/--------
Elaine Black
(�
President/CEO
•
Miller Dawkins Pool Complex.4 800 NW 12th Avenue + Miami,Florida 33127♦Phone: 305.635.2301 ♦ Fax: 305.634.2774 '
Email:info@LibertyCilyTn,st.org•Webslte:vw w.LiberlyCityirust.org
Exhibit 27 ;�e�
- p:,
f 6
MASTKO, INC.
3346 SW 32 AVE
MIAMI, FLORIDA 33133
(305) 799-8369
November 23, 2009
The Relocation & Development Firm, Inc.
Henry Crespo, President
4952 NW 71h Ave.
Miami, FL 33127
RE: Coral Place Apartments Miami, FL 33127
Dear Henry,
We contracted with The Relocation and Development Firm to develop and
implement for us a comprehensive outreach and education strategy to inform
and engage the community about the Coral Place Senior Housing
development. As a result, residents, community-based organizations, public
agencies and businesses within our target project area were informed of the
community benefits of the project and came together in its support.
Additionally, as part of your scope of service, you helped us develop and
implement our company's commitment to local participation. This included
developing and directing an outreach and assistance program to increase the
participation of minority contractors, skilled and unskilled laborers working on the
Coral Place project.Through these efforts, residents of the surrounding
community became employed or were contracted to perform work throughout
the life of the project.
Please know we were completely satisfied with the quality and level of service
which was provided to us and we hope with the start of our next project your
company will be able to provide the same expertise again in the future.
Sincer-ly,
Michael Spetko
President
Exhibit 27 - Page 6 of 6