ITB-20-101-03 HRT ConstructionCONTRACT NO. 20-101-03
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City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490, Fax: 786-394-4235
SENT VIA E-MAIL TO: whall@HRTCG.com
May 18, 2020
William Hall
HRT Construction Group, Inc.
8325 NE 2nd Avenue, Suite 326
Miami, FL. 33138
Phone: 305-951-6556
RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO.
2020-101-WG TO ESTABLISH AND MAINTAIN A POOL OF PREQUALIFIED
CONTRACTORS FOR FUTURE CITYWIDE REHABILITATION PROJECTS IN
ACCORDANCE WITH THE STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM (SHIP).
Dear Mr. Hall:
On February 20, 2020 HRT Construction Group, Inc., (the “Contractor”) submitted to the City of
Miami Beach, Florida (the “City”) a request to be prequalified for future projects in response to
the above-referenced ITB. The ITB stipulates, pursuant to Section 0200, Sub-Section 16, Binding
Contract, that the approval of the City Manager’s recommendation by the Mayor and City
Commission shall constitute a binding Contract between the City and the awarded bidder.
Accordingly, this letter shall serve as official notice from the City that the Mayor and Commission,
at its March 18, 2020 meeting, approved the City Manager’s recommendation, pursuant to the
ITB, to prequalify the Contractor to be eligible to provide services to the City for future citywide
rehabilitation projects in accordance with the State Housing Initiatives Partnership Program
(SHIP). It is important to note the work must be awarded in accordance with the ITB. Further, no
services may be performed until such time as the City has issued a Purchase Order.
If you have any questions regarding this letter of notification of award, you may contact Valerie
Velez, Contract Analyst, Procurement Department, at ValerieVelez@miamibeachfl.gov or at
305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for
this contract, Marcela Rubio HOME/SHIP Projects Coordinator Housing Development at
MarcelaRubio@miamibeachfl.gov or (305) 673-7000 ext. 26182.
Sincerely,
Alex Denis
Director Procurement Department
AD/ME/AG
Alex Denis
RESOLUTION NO. 2018 -30136
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING A POLICY GOVERNING THE
SELECTION OF CONTRACTORS FOR CONSTRUCTION PROJECTS
AWARDED BY THE CITY PURSUANT TO THE STATEWIDE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM; APPROVING AND
AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR
QUALIFICATIONS (RFQ), AT A MINIMUM, ONCE A YEAR, IN ORDER TO
ESTABLISH AND MAINTAIN A POOL OF QUALIFIED CONTRACTORS; AND
AUTHORIZING THE CITY MANAGER TO APPROVE BIDS AND EXECUTE
AGREEMENTS WITH THE PRE - QUALIFIED CONTRACTORS fOR PROJECT
SUMS EXCEEDING $50,000, BUT NOT TO EXCEED THE TOTAL PROJECT
AWARD LIMIT AUTHORIZED BY THE CITY'S LOCAL HOUSING ASSISTANCE
PLAN (LHAP); AND FURTHER REQUIRING THE CITY MANAGER TO ISSUE A
LETTER TO COMMISSION EACH FISCAL QUARTER, DELINEATING ANY
APPROVED BIDS /AGREEMENTS THAT EXCEED THE $50,000 THRESHOLD.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act,
Chapter 92 -317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on
deeds to local governments for the development and maintenance of affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, memorialized in •§
420.907- 420.9079, Florida Statutes (1992) (The Act), and the SHIP program rule, issued by the
Florida Housing Finance Corporation (FHFC), memorialized in Chapter - 87 -37, Florida
Administrative Code (the Rule), require local governments to develop a one to three -year Local
Housing Assistance Plan (LHAP) outlining how the SHIP funds will be used; and
WHEREAS, the Mayor and City Commission approved and adopted changes to the City's
LHAP for FY 14/15 through 15/16 via Resolution No. 2017 - 29929, which, among other things,
increased the award limit for owner- occupied rehabilitation projects, from $40,000 to $70,000;
and
WHEREAS, the Mayor and City Commission approved and adopted the City's LHAP for
Fiscal Years 16/17 through 18/19 via Resolution No. 2016 - 29663, pursuant to the requirements
of the Act and the Rule, which LHAP currently provides an award limit of $70,000 for - owner-
occupied rehabilitation projects; and
WHEREAS, the Office of Housing and Community Services (HCS) currently administers the
bid process for eligible SHIP program rehabilitation projects, serving as the intermediary
between the applicant and the contractor and ensuring that the funds are properly expended by
following the program guidelines;
WHEREAS, HCS determines the - eligibility of participants based on Housing and Urban
Development (HUD) income requirements and updates the income limits annually; and
WHEREAS, SHIP funds require that 75 percent of a local government's total allocation must
be used towards construction - related activities, including rehabilitation and emergency repairs;
and
WHEREAS, HCS and the Procurement Department developed a policy with the goal of
expediting the procurement, process and ensuring that: 1) homeowners have access to qualified
contractors for all owner - occupied repairs; 2) projects are awarded in a competitive manner that
maximizes available funds; 3) homeowners have a platform for performance evaluation of
contractors; 4) contractors have clear guidelines to complete work and receive timely payments;
5) vendors comply with Building Department, Code Compliance and insurance requirements;
and
WHEREAS, pursuant to Citywide Procedure P.O. 16.02, the City's threshold for a
department to procure goods and services is limited to $50,000 and there must be a formal
competitive solicitation (ITB, RFP, RFQ, ITN) approved by the City Commission and the
Procurement Department; and
WHEREAS, HCS would like to administer the bid process for the award of project sums
exceeding $50,000 (subject to the award limits set forth in the City's LHAP), by establishing a
pool of qualified contractors through the use of a Request for Qualifications (RFQ) process, to
be issued at least once a year; and
WHEREAS, the established list of qualified contractors can be used by the City and the
eligible homeowners -in connection with rehabilitation projects or-disaster awarded
through the SHIP program; and
WHEREAS, contractors seeking to participate in the City's SHIP program must be pre -
qualified through the City's SHIP contractor prequalification process, through an RFQ process,
and must maintain licensing, insurance and other qualifications required by the City; and
WHEREAS, the City contracts a third -party consultant for project management services via
RFP #2014325 -JR to assist in the following: drafting a specification of work for the bid process,
monitoring the project during construction and assisting with the closeout of the project; and
WHEREAS, the HCS SHIP Program Coordinator shall seek at least three written quotes
from pre - qualified contractors and shall make reasonable efforts to maximize competition and if
three quotes cannot be obtained, the approval of the City Manager shall be required; and
WHEREAS, The SHIP program prioritizes the repairs or improvements that are needed for
safe or sanitary habitation, correction of substantial code violations, structural or systems faults,
or the creation of additional living space; and
WHEREAS, Once HCS selects the lowest and most responsive bidder, a task order
including a scope of work and payment schedule) shall be executed between the City, the
selected contractor and the homeowner; and
WHEREAS, any purchase order above $50,000 will require the City Manager's approval;
and
WHEREAS, the Administration recommends approving (in the form attached to the City
Commission Memorandum accompanying this Resolution) a policy governing the selection of
contractors for SHIP housing projects, as developed by the Office of Housing and Community
Services and the Procurement Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt a
policy governing the selection of contractors for construction projects awarded by the City
pursuant to the Statewide Housing Initiatives Partnership Program (SHIP) program; approve
and authorize the Administration to issue a Request for Qualifications .( °RFQ), at a minimum,
once a year, in order to establish and maintain a pool of qualified contractors; and authorize the
City Manager to approve bids and execute agreements with the pre- qualified contractors for
project sums exceeding $50,000, but not to exceed the total project award limit authorized by
the City's Local Housing Assistance Plan; and further requiring the City Manager to issue a
Letter to Commission each fiscal quarter, delineating any approved bids/agreements that
exceed the $50,000 threshold.
Passed and adopted this /7 day of 6/11k r / , 2018.
ATTEST:
Rafael E. Granado, ity Jerk
Dan Gelber, Mayor
AS TO
GUAGE
CUTION
City Attorney ate
MIAM BEACH
Resolutions - C7 G
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: January 17, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING A POLICY GOVERNING THE SELECTION
OF CONTRACTORS FOR CONSTRUCTION PROJECTS AWARDED BY THE
CITY PURSUANT TO THE STATEWIDE HOUSING INITIATIVES PARTNERSHIP
SHIP) PROGRAM; APPROVING AND AUTHORIZING THE ADMINISTRATION TO
ISSUE A REQUEST FOR QUALIFICATIONS (RFQ), AT A MINIMUM, ONCE A
YEAR, IN ORDER TO ESTABLISH AND MAINTAIN A POOL OF QUALIFIED
CONTRACTORS; AND AUTHORIZING THE CITY MANAGER TO APPROVE BIDS
AND EXECUTE AGREEMENTS WITH THE PRE- QUALIFIED CONTRACTORS
FOR PROJECT SUMS EXCEEDING $50,000, BUT NOT TO EXCEED THE TOTAL
PROJECT AWARD LIMIT AUTHORIZED BY THE CITY'S LOCAL HOUSING
ASSISTANCE PLAN (LHAP); AND FURTHER REQUIRING THE CITY MANAGER
TO ISSUE A LETTER TO COMMISSION EACH FISCAL QUARTER, DELINEATING
ANY APPROVED BIDS /AGREEMENTS THAT EXCEED THE $50,000
THRESHOLD.
RECOMMENDATION
Adopt the resolution.
ANALYSIS
The State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92 -317 of
Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local
governments for the development and maintenance of affordable housing. The State Housing
Initiatives Partnership (SHIP) Act, §420.907- 420.9079, Florida Statutes (1992), and Rule Chapter
67 -37, Florida Administrative Code, requires local governments to develop a one -to three -year Local
Housing Assistance Plan (LHAP) outlining the strategies jurisdictions will use to utilize funding. The
LHAP also establishes the maximum SHIP funds allowable for each programmatic strategy.
The Office of Housing and Community Services (HCS) administers SHIP funds, participant eligibility,
contractor eligibility and program compliance. HCS determines the eligibility for all applicants by
assessing income and property standards. All awards are disbursed via a deferred payment loan,
secured by a mortgage agreement with restrictive covenant and promissory note. Resolution No.
2016 -29663 approved the maximum award amounts for purchase assistance and rehabilitation
assistance.
The Mayor and City Commission approved and adopted the City's LHAP for Fiscal Years 16/17 and
18/19 via Resolution No. 2016 - 29663, pursuant to the requirements of the Act and the Rule, which
Page 224 of 923
LHAP currently provides an award limit of $70,000 for owner - occupied rehabilitation projects.
Pursuant to the Citywide Procedure P.O. 16.02, the City's threshold for a department to procure
goods and services is limited to $50,000 and there must be a formal competitive solicitation (IT B,
RFP, RFQ, ITN) approved by the City Commission and the Procurement Department. HCS would
like to administer the bid process for the award of project sums exceeding $50,000 (subject to the
award limits set forth in the City's LHAP), by establishing a pool of qualified contractors through the
use of a Request for Qualifications (RFQ) process, to be issued at least once a year. The
established list of qualified contractors can be used by the City and the eligible homeowners in
connection with rehabilitation projects or disaster relief projects awarded through the SHIP program.
Any purchase order above $50,000 will require the City Manager's approval.
HCS disburses funds to the eligible contractor via a purchase order and payments are disbursed in
three installments and a final payment.
HCS and the Procurement Department drafted a policy that is intended to:
Ensure homeowners have access to qualified contractors for all owner- occupied repairs;
Ensure that projects are awarded in a competitive manner that maximizes available funds;
Ensure homeowners have a platform for performance evaluation of contractors;
Ensure contractors have clear guidelines to complete work and receive timely payments;
Ensure vendors comply with Building Department, Code Compliance and insurance
requirements.
This policy is in accordance with State and Federal requirements and seeks to expedite the
procurement process for projects. This policy seeks to streamline the expenditure process, by
creating a list of eligible contractors and improving the quality control of rehabilitation projects.
Contractors seeking to participate in the City's Housing Rehabilitation Program must be prequalified
through the City's SHIP Contractor Prequalification Process. Annually, the City will issue a Request
for Qualifications (RFQ) for those contractors interested in being prequalified to submit their
statements of qualification for the City's consideration. At a minimum, contractors must maintain the
licensing, insurance, and qualifications required by the City to be prequalified for future projects
awarded through this procedure. The Procurement Department will administer the application
process on an annual basis.
In addition, the City contracts a third -party consultant for project management services. The Project
Manager will assist the SHIP coordinator in drafting the Specification of Work, project
monitoring /evaluation and project closeout. The Project Manager will assist SHIP coordinator and
any other City staff in the evaluation of the bids submitted by the General Contractor. The Building
Department can be provided with a copy of the Specification of Work for their review and any other
applicable documents, in order to facilitate the expediting of applicable building permits.
The City's SHIP Coordinator shall seek at least three written quotes from pre - qualified contractors
and shall make reasonable efforts to maximize competition, including seeking quotes from all pre-
qualified contractors. In rare cases when three quotes cannot be obtained, the approval of the City
Manager shall be required.
Once HCS selects the lowest and most responsive bidder, a purchase order shall be executed
between the City, the selected contractor and the homeowner. At a minimum, the purchase order
shall state the payment schedule, scope of work, and schedule of work. Additionally, the homeowner
will execute the permit application and the notice of commencement. The Contractor must record the
Notice of Commencement.
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Progress and final payments to the Contractor shall be approved by the City only after the work has
been inspected by the Project Manager and determined to comply with the contract and the project
bid specifications. The request for payments shall be in three installments, according to the duration
of the project. The Contractor will provide his /her invoice to the SHIP Coordinator. If there are
pending change orders that do not increase the project amount greater than the amount stipulated
herein, they may be approved administratively by the Department.
The policy also defines the role of HCS in the case of a dispute between a Contractor and the
homeowner. All disputes not resolved by program staff should be reported to Florida Housing.
Finance Corporation for possible resolution before the move to arbitration. All unsettled claims or
disputes between the Property Owner and the Contractor arising out of or related to the work shall
be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for
arbitration shall be filed in writing with the other party to this agreement, and shall be made within a
reasonable time after a dispute has arisen.
Once the project is completed, City staff will coordinate the closeout, along with the Project Manager.
If all program requirements are met, the final release of retainage will be processed. If, at any time
during the project, HCS finds that a Contractor fails to meet his /her obligations with the homeowner
and /or the City, and does not remedy the situation as stipulated by the Department, the Contractor
will receive a default notice and opportunity to cure. If the violation is not remedied, the Contractor
will be removed from the list and will be prohibited from participating for one year in the City's
Housing Rehabilitation Program.
CONCLUSION
The Administration recommends approving the resolution to authorize the City Manager to approve
bids and execute agreements with the prequalified contractors for project sums in excess of $50,000,
and further require the City Manager to issue a Letter to Commission each fiscal quarter delineating
any approved bids/ agreements which exceed the $50,000 threshold.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Workforce Housing For Key Industry Workers Is Available In Suitable Locations
FINANCIAL INFORMATION
N/A
Legislative Tracking
Housing and Community Services
ATTACHMENTS:
Description
a SHIP Procurement Policy
a Resolution
Page 226 of 923
MIAMIBEACH
Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing
Initiatives Partnership (SHIP) Program
I. Purpose
The purpose of this policy is to establish internal controls for the selection and award
of contractors for projects awarded by the. City of Miami Beach, Florida (the City),
pursuant to the State Housing Initiatives Partnership (SHIP) program for owner -
occupied construction projects funded by the Florida Housing Finance Corporation
FHFC)'s SHIP program. Pursuant to the Local Housing Assistance Plan (LHAP), previously
approved by the City Commission, the City may provide income eligible homeowners with
SHIP funds in connection with repairs or improvements that are needed for safe or
sanitary habitation, correction of substantial code violations, or the creation of
additional living space (Rehabilitation) or disaster mitigation repairs (collectively, City's
Housing Rehabilitation Program).
This Policy is intended to:
Ensure compliance with State of Florida requirements for the selection and award
of contractors for State Housing Initiatives Partnership (SHIP) program projects
funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program
Ensure homeowners have access to prequalified contractors for all owner-
occupied repairs;
Ensure that projects are awarded in a competitive manner that maximizes
available funds;
Ensure homeowners have a platform for performance evaluation of contractors;
Ensure contractors have clear guidelines to complete work and receive timely
payments; and
Ensure vendors comply with Building Department, Code Compliance and insurance
requirements.
I1. Definitions.
A. Project Manager. Third -party consultant responsible for conducting site .
inspections, drafting scope of work inclusive of projects specifications that will
form the basis for the bid documents that will be submitted to the List of General
Contractors.
B. SHIP Program Coordinator. Office of Housing and Community Services (HCS, the
Department) staff, responsible for seeing day -to -day operations of the SHIP
program, including program monitoring, homeowner certifications, contractor
qualifications approving payments and reporting data to the Florida Finance
Housing Corporation.
III. Contractor Qualifications. Contractors seeking to participate in the City's Housing
Rehabilitation Program must be prequalified through the City's SHIP Contractor
Prequalification Process.
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2 1 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
A. Annually (at a minimum), the City will issue a Request for Qualifications (RFQ) for
those contractors interested in being prequalified to submit their statements of
qualification for the City's consideration. Once prequalified, contractors must
maintain the required licensing and insurance to be eligible for future projects
awarded through this policy.
B. The City Manager, in his sole discretion, may approve or reject any contractor to
be added to the list of prequalified SHIP contractors. Additionally, the City
Manager may remove any contractor that has failed to maintain the qualification
requirements or for which the City has documented unresolved or a history of
performance issues. Any contractor wishing to appeal the City Manager's decision
to not prequalify or to remove from prequalification, shall submit its reasons for
the appeal directly to the City Manager.
C. Any party who has been suspended or debarred by U.S. HUD or any other Federal
Executive Branch Agency and is listed on the Current Exclusion List will not be
accepted to participate in the program until at least six (6) months after the
expiration of the applicable suspension or debarment. HCS will maintain a current
listing of prequalified contractors that will be utilized to seek bids for the Housing
Rehabilitation Program. The list will also be made available to City residents on the
Department's website. Contractors are responsible for maintaining insurance and
licensing information current; and providing updates to the City. All prequalified
contractors will be invited to attend Pre -Bid meetings held by a HCS SHIP program
staff at the project site. Contractors will be provided with the approved
Specification of Work Report that will detail the work to be completed for that
particular project. Contractors will be given a deadline to submit questions and
bids.
IV. Scope of Work and Specifications. The City contracts a third -party consultant (Project
Manager) for project management services. The Project Manager will assist the SHIP
coordinator in drafting the Specification of Work, project monitoring /evaluation and
project closeout.
A. The Project Manager will attend a walk through at the eligible homeowner's
residence to assess needed repairs and will provide HCS with the Specification of
Work that can be completed within the available project budget. Once the scope
of work is approved by the homeowner, the SHIP coordinator will prepare the bid
document.
B. The bid document will include the Specification of Work and any other applicable
documents, (e.g. floor plans, demolition plans, sketches, product specifications).
C. The Project Manager will assist SHIP coordinator and any other City staff in the
evaluation of the bids submitted by the. Contractor. The Building Department may
be provided with a copy of the Specification of Work for their review and any other
applicable documents, in order to facilitate the expediting of applicable building
permits.
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3 1 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
V. Required Competition. HCS SHIP Coordinator shall seek at least three written quotes
from pre - qualified contractors and shall make reasonable efforts to maximize
competition, including seeking quotes from all pre- qualified contractors.
A. Upon the expiration of the established Bid Deadline, the bids will be reviewed and
itemized on a bid tabulation. The HCS Director may approve awards to lowest
responsive, responsible bidders for projects up to $50,000. Projects above $50,000
require the approval of the City Manager. In determining an award, the factors
outlined in Section 2 -369 of the City Code shall be considered. In rare cases when
three quotes cannot be obtained, the approval of the City Manager shall be
required regardless of the value of the project.
B. Once the contractor is selected, a contract shall be executed between the City, the
selected contractor and the homeowner. At a minimum, the contract shall state
the payment — schedule, scope of work, and schedule of work. Additionally, the
homeowner will execute the permit application and the Notice of Commencement.
Contractor must record the Notice of Commencement.
C. Contractors will only be awarded one project until they have completed a project
that is in compliance with all project requirements, including no change orders or
delays, and is satisfactory to the Owner and Department staff. Contractors may be
awarded a maximum of two projects concurrently, as recommended by the State
funder. If a contractor has two active projects, they will not be awarded any
additional projects, unless the Contractor's performance is satisfactory in current
or previous awards. Contractors are encouraged to participate in the bidding
process regardless of the number of projects awarded.
VI. Permits. The SHIP program prioritizes the repairs or improvements that are needed for
safe or sanitary habitation, correction of substantial code violations, structural or systems
faults, or the creation of additional living space. The work performed must be compliant
with the City's building requirements.
A. Once contractor is issued a contract, Notice of Commencement and permit
application, they must follow the City's Building Permit procedures.
B. The City will offer expedited permitting, as per the Local Housing Assistance Plan
LHAP), previously approved by the City Commission.
C. The Contractor will provide all plans required by the Building Department with no
typos or errors.
D. The Contractor is responsible for ensuring that the project is compliant with
requests, recommendations or suggestions provided by the Building Official/
Inspector.
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4 1 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
VII. Payments. Progress and final payments to the contractor shall be approved by the
City only after the work has been inspected by the housing inspector and determined to
comply with the contract and the project bid specifications.
A. The City will retain a percentage of all approved Draws, as allowed by Florida
Statute, until final inspection and project completion. If a Contractor fails to
complete the project and does not comply with the Specification of Work, that
Contractor will not have the retainage released.
B. There shall be a maximum of three (3) progress payments and final release of
retainage once all permits are closed and final work product is approved by HCS.
C. Upon completion of a project, a final inspection must be requested by the
Contractor. The request must include a copy of the Final Draw Form and copy of all
Permit cards with final approval from the Building Department Inspectors. The
request is made by the contractor and requested from the independent inspector.
D. All Draw Requests must be approved by the SHIP Program Coordinator and
Department Director. The SHIP Program Coordinator may reasonably request
releases and waivers of lien in connection with the application of any progress
payments. The Finance Department will only process any Draw Requests once they
are reviewed and approved by the Director or his /her designee.
E. If the homeowner does not receive satisfaction from the Contractor, the
Department may withhold payment and /or retainer if deemed necessary, until a
resolution is achieved. Likewise, the Department reserves the right to intervene on
the Contractor's behalf if the homeowner is refraining from approving a Draw
request without just reason. The Department could proceed to pay the Contractor
for the work completed as required without the Homeowner's approval.
VIII. Change Orders. Any change order that does not increase the project amount greater
than the amount stipulated herein may be approved administratively by the City Manager.
The HCS Director may approve changes that increase the project value up to $50,000.
Change orders for projects above $50,000 require the approval of the City Manager, in an
amount not to exceed $200,000.
IX. Dispute Resolution. If a problem arises between the homeowner and contractor, the
City may intercede in order to ensure the project's completion.
A. If a complaint relating to post - construction work deficiencies is received, the SHIP
Program Coordinator will evaluate the complaint within ten (10) working days.
B. If the complaint is determined to be valid and the contractor has not addressed
the complaint in accordance with the construction contract, the contractor shall be
suspended from further program participation pending corrective action.
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5 I Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
C. Corrective repair work through a different approved contractor may be initiated by
the SHIP Program Coordinator if any emergency or extremely hazardous conditions
exist or if the contractor fails to show good faith at correcting the problem within
the specified time limit.
D. If the complaint is not valid, the homeowner will be so notified in writing. Owners
are to be encouraged to contact the contractor directly in an attempt to resolve
construction concerns prior to contacting the City.
E. If a complaint relating to processing, policy, or procedures is received, the City staff
will respond in writing. The staff response will explain applicable policy when
necessary and specify corrective action if any is required,
F. Under the terms of the construction agreement, the City has the authority to
decide -all- questions - relative to-the - interpretation -of-any - contract documents and
fulfillment of the construction contract as to the character, quality, amount and
value of any work and materials furnished under the contract. City decisions
regarding all claims, questions and disputes shall be final.
G. In the event that the need for arbitration should arise, the Department may use
the Construction Housing Inspector as an arbiter. The. City's contracted Housing
Inspector is an impartial and neutral third party.
H. All disputes not resolved by program staff should be reported to Florida Housing
Finance Corporation for possible resolution before the move to arbitration. All
unsettled claims or disputes between the homeowner and the contractor arising
out of related to the work shall be submitted to arbitration under the laws
governed by the State of Florida, Notice of the demand for arbitration shall be filed
in writing with the other party to this agreement, and shall be made within a
reasonable time after a dispute has arisen.
X. Project Closeout. Once project checklist is completed, final inspections are conducted
by the Building Department and the City's housing inspector, the final draw request will be
reviewed,
A. The contractor must provide all warranties, the Contractor's Final Payment
Affidavit and final unconditional releases of lien from all contractors,
subcontractors and suppliers before the payment is processed. Any and all
extended warranties beyond one year shall be provided to the homeowner at the
completion of the contract.
B. If the contractor fails to respond to and remedy a warranty issue, they will be
disqualified from the program for one year and must reimburse the Department
for any work contracted to and correct the warranted work.
C. If the contractor fails to reimburse the City for work covered under the
Contractor's warranty, the contractor will be permanently removed from the
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6 1 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing initiatives Partnership (SHIP) Program
Active Contractor List and will be reported to the Florida Department of Business
and Professional Regulation.
D. The project must meet property standards, as discussed in the pre -bid meeting and
in the contract. Final payment will include release of retainage.
XI. Vendor Performance. If, at any time during the project, the HCS finds that a
contractor fails to meet his /her obligations with the homeowner and /or the City, and
does not remedy the situation as stipulated by the HCS, the contractor will be removed
from the list and will be unable to participate in the City's Housing Rehabilitation
Program, until resolution of any issue that caused the removal.
A. HCS staff will conduct an evaluation at the conclusion of each project which shall
be retained in the contractor's records. Prior to each award of a project, the
following shall be considered. there shall be considered the following.
1) The ability, capacity and skill of the bidder to perform the contract.
2) Whether the bidder can perform the contract within the time specified,
without delay or interference.
3) The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
4) The quality of performance of previous contracts.
5) The previous and existing compliance by the bidder with laws and
ordinances relating to the contract.
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TABLE OF CONTENTS
SECTIONS:
0100 GENERAL INFORMATION & SCOPE OF WORK
APPENDICES:
APPENDIX A SHIP PROGRAM CONTRACTOR PREQUALIFICATION APPLICATION
APPENDIX B SHIP PROGRAM POLICY
available at: https://www.miamibeachfl.gov/wp-
content/uploads/2019/03/SHIP_Procurement_Policy_final.pdf
APPENDIX C MASTER TERMS AND CONDITIONS FOR ALL STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM (SHIP) PROGRAM PROJECTS
available at: https://www.miamibeachfl.gov/wp-content/uploads/2019/03/Master-
Terms-and-Conditions-for-State-Housing-Initiatives-Partnership-Program-Ship-
Program-Projects.pdf
APPENDIX D SAMPLE CONTRACT BETWEEN CONTRACTOR AND HOMEOWNER
available at https://www.miamibeachfl.gov/wp-content/uploads/2019/03/SHIP-Owner-
Contractor-Agreement.pdf
DEFINITIONS:
Bidder means any firm or individual submitting an application in response to this ITB. The term bidder
may be used interchangeably with applicant and proposer.
Vendor means any firm or individual that has been pre-qualified to supply goods or services to the City.
City means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139.
SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK
1. PURPOSE & BACKGROUND. On January 17, 2018, the Mayor and City Commission adopted
a policy governing the selection of contractors for construction projects awarded by the City
pursuant to the (SHIP) Program. Approving and authorizing the Administration to issue an
Invitation to Bid (ITB), at the a minimum, once a year, in order to establish and maintain a pool of
qualified contractors; and authorizing the City Manager to approve bids and execute agreements
with the pre-qualified contractors for project award limit authorized by the City’s Local Housing
Assistance Plan.
This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the “City”), as the means
for interested parties to submit applications for the City’s consideration in establishing a pool of pre-
qualified contractors for future competition of rehabilitation projects in accordance with the State
Housing Initiatives Partnership Program (SHIP) Program, which shall ensure homeowners have
access to qualified contractors for all owner–occupied repairs; ensure that projects are awarded in
competitive manner that maximizes available funds; ensure homeowners have a platform for
performance evaluation of contractors; ensure contractors have a clear guideline to complete the
work and receive timely payments; ensure vendors compl y with the Building Department, Code
Compliance and insurance requirements All work to be completed pursuant to Florida State Statute
420.907-420.9079, State Housing Initiatives Partnership (SHIP) Act, and Rule Chapter 67-37
The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities
and document fulfillment. Any prospective bidder who has received this ITB by any means other
than through BidSync is solely responsible for registering immediately with BidSync to assure it
receives any addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall
verify that it has received and complied with all addenda issued. Failure to receive an addendum,
or comply with an addendum requirement, may result in disqualification of bid submitted.
To be considered to be included in the list of pre-qualified contractors, interested parties
must submit a completed SHIP Program Pre-Qualification Application (Appendix A).
2. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of
the process that the City will utilize to award work pursuant to the prequalification process.
3. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be
submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all
correspondence.
Procurement Contact: Telephone: Email:
William Garviso, CPPB 305-673-7000 x26650 williamgarviso@miamibeachfl.gov
The City Clerk is to be copied on all communications via e-mail at:
RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394-4188.
4. APPROVAL OF PREQUALIFIED STATUS. Following the review of applications, the
responsive, responsible bidder(s) meeting all terms and conditions of the ITB will be recommended
for award, as deemed in the best interest of the City, to the City Manager for his consideration.
After considering the staff recommendation for award, th e City Manager shall exercise his due
diligence and recommend to the Mayor and City Commission the bid that the City Manager deems
to be in the best interest of the City. The City Commission shall consider the City Manager’s
recommendation(s) and, may approve or reject the City Manager’s recommendation(s). The City
Commission may also reject all bids received. In addition to the criteria established in the
application, pursuant to Section 2-369 of the City Code, the City may consider the following:
• The ability, capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified, without delay
or interference.
• The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
PREQUALIFIED STATUS IS VALID FOR THREE (3) YEARS FROM DATE OF THE NOTICE OF
PREQUALIFICATION ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY
MANAGER.
4.1 RENEWAL TERMS. The City Manager, at his sole discretion, may approve up to two
(2), one (1) year renewal terms, providing that the required certification is still valid.
5. ADDITIONAL PREQUALIFIED FIRMS TO BE ADDED TO POOL. At any time, the City, through
the approval of the City Manager, may accept applications and add additional firms to the list of
prequalified firms.
6. AWARDING WORK. When the need for services arises all prequalified contractors that are in
good standing may be invited to submit statements of work (SOW) and costs based on an
Invitation to Quote (ITQ) issued by the City. Each SOW prepared by the contractor shall include a
clear description of the work to be performed (with specific and timed deliverables) and the related
costs by deliverable. The City will select the prequalified contractor that offers the best combination
of services and cost, solely at the discretion of the City.
7. SERVICE DELIVERY EXPECTATIONS. The City places an emphasis on excellent customer
service delivery and expects the prequalified bidder to provide the best possible customer service
to any and all awarded projects throughout the term of the contract. The prequalified bidder’s
project manager is responsible for monitoring the customer service provided to City by prequalified
bidder’s staff, sales and support teams, and employing, as necessary, corrective measures, to
ensure that the prequalified bidder will provide and maintain the highest quality of customer service
possible during completion of the project(s). Project-specific deliverables and expectations shall be
defined on a project-by-project basis, as specified in each ITQ.
8. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or
should be understood, as a result of a pre-qualification. The City reserves the right to
purchase any goods and/or services awarded from any resulting agreement, or another
governmental contract, or on an as-needed basis through the City’s spot market purchase
provisions.
9. STANDARD TERMS AND CONDITIONS. The City’s Standard Terms and Conditions for
Service Contracts (available at https://www.miamibeachfl.gov/city- hall/procurement/standard-
terms-and-conditions/) are referenced and incorporated herein.
10. BINDING AGREEMENT. By virtue of submitting an application for the City’s consideration, the
bidder agrees that the application shall be considered an offer on the part of the bidder, which offer
shall be deemed accepted upon approval of bidder’s prequalification status by City Manager or City
Commission. Further, bidder agrees that, upon approval of the bidder’s application by the City
Manager or City Commission, a binding Agreement shall be established between the City and the
approved contractor. The Agreement shall be comprised of the following documents, and in the
following order:
First, the Purchase Order issued by the City; then,
Second, the signed Contractor Service Order; then,
Third, the Invitation to Quote (ITQ) awarded to the vendor; then,
Fourth the ITB, including all documents released in connection with the ITB,
including
all appendixes, whether included herein or released under separate cover.
In case of default on the part of the Successful Bidder, after said award, the City may take such
action as it deems appropriate, including legal action, for damages or specific performance.
APPENDIX A
________________________________________________________________________
ITB 2020-101-WG
Contractor Pre-
Qualification
Application
FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP)
PROJECTS
________________________________________________________________________
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
6 | Contractor Prequalification Application
Contractor Prequalification Application Instructions
(SHIP Program)
Section 1, General. The purpose of this SHIP Contractor Prequalification Application is to comply with the City
of Miami Beach Resolution No. 2018-30136 which establishes a policy for the selection of contractors for
projects awarded pursuant to the State Housing Initiatives Partnership (SHIP) Program. The policy establishes
internal controls for the selection and award of contractors for SHIP program projects awarded by the City for
owner-occupied construction projects funded by the Florida Housing Finance Corporation (FHFC)’s. The SHIP
program allows income eligible homeowners with funding for repairs or improvements that are needed for safe
or sanitary habitation, correction of substantial code violations, or the creation of additional living space or
disaster mitigation. The Policy is intended to ensure:
• compliance with State of Florida requirements for the selection and award of contractors for State
Housing Initiatives Partnership (SHIP) program projects funded by the Florida Housing Finance
Corporation (FHFC)’s SHIP program;
• homeowners have access to prequalified contractors for all owner-occupied repairs;
• that projects are awarded in a competitive manner that maximizes available funds;
• homeowners have a platform for performance evaluation of contractors;
• contractors have clear guidelines to complete work and receive timely payments; and
• vendors comply with Building Department, Code Compliance and insurance requirements.
Pursuant to the Policy, the City prequalifies contractors to be eligible to perform any work under the program
that is approved by the Housing and Community Services Department. Interested contractors m ay submit the
Contractor Prequalification Application to be considered for future work. It is important that interested
contractors read and understand the Ship Program Policy prior to the submittal of this Contractor
Prequalification Application. The City will review applications periodically as they are received and will notify a
contractor when its application has been approved or denied. Contractors should allow 60 days from date of
submittal of application, or submittal of any information (whether omitted or supplemental) that is requested by
the City, whichever is later.
Section 2, Submittal Instructions. The Contractor Prequalification Application will not be considered until it
has been submitted completed and executed by a principal of the applicant. Incomplete applications cannot be
processed. If requested information is not applicable, please indicate ''N/A'' or ''None. '' If answers to questions are
lengthier than the spaces that are provided in the application, the answers may be provided on additional pages,
which must be attached to the application. All requested documents must also be attached to the application.
Failure to attach all requested documents will delay review and approval of the application.
Submit one (1) signed original and one (1) electronic copy (e.g., flash drive, CD-ROM) of the
applications to:
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
The City reserves the right to request clarifications or additional information as deemed necessary to evaluate an
applicant’s qualifications. When clarifications or additional information is requested by the City, Applicants will have seven (7)
business days to provide, in full, all the requested information. Failure to provide the information within the prescribed
time will delay the review process and may result in denial of prequalification.
2 | Contractor Prequalification Application
Part A – General Bidder Information.
FIRM NAME:
NO. OF YEARS IN BUSINESS:
NO. OF YEARS IN BUSINESS
LOCALLY:
NO. OF EMPLOYEES:
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:
ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
APPLICANT FIRM IS:
_____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other,
specify:______________________________)
Part B – Category of Work.
1. Provide license number and expiration on at least one of the following Miami-Dade County or State of
Florida licenses. Submit all that apply.
✓ Miami-Dade
License Type
License Number License Expiration Date
General Contractor BLDG 0001
Building Contractor BLDG 0002
Residential Contractor BLDG 0003
✓ State of Florida
License
License Number License Expiration Date
Certified Building Contractor
Certified General Contractor
Certified Residential Contractor
Registered Building Contractor
Registered General Contractor
Registered Residential Contractor
3 | Contractor Prequalification Application
Part C – Operational & Management Information.
1. Submit the following documents:
a. Proof of a liability insurance policy, of at least $1,000,000 per occurrence and $2,000,000 aggregate,
issued by a firm with a Best's guide rating B+:VI or better, latest edition.
b. Proof of bonding capacity of at least $100,000.
c. Documentation regarding the company’s Experience Modification Rate (EMR) for the last three (3) years,
if applicable.
2. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of
the company, below. Submit additional names on a separate sheet if required.
Owner Ownership percentage Directorship/Office type
3. Provide three (3) residential renovation projects that the applicant has completed in the last five
(5) years.
Project Description of Work Project Reference
Name:
Email:
Telephone:
Name:
Email:
Telephone:
Name:
Email:
Telephone:
4. Has the applicant company´s construction license(s) been revoked during the last five (5) years?
YES NO
If yes, why?
5. Have any owners, directors, officers, or agents of the applicant company had a license revoked
during the last five (5) years?
A. YES NO
If yes, why?
4 | Contractor Prequalification Application
6. Is the applicant company currently barred by a governmental agency, from bidding work as a prime
or subcontractor?
YES NO
If yes, state debarment period and the reason(s) for debarment?
7. Has a surety completed, or paid for completion, of a project on behalf of the applicant company,
within the last five (5) years?
YES NO
If yes, why?
8. Has the applicant company or any of its owners, directors, officers, or agents been convicted of
a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5)
years?
11. YES NO
If yes, why?
9. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on
construction work?
9. YES NO
If yes, state the name of the affiliate?
10. Is the applicant company a parent, subsidiary, or holding company for another construction
company?
YES NO
If the answer is "yes," identify the company and type of relationship(s), below:
Company Type of affiliation (parent or subsidiary) Period of affiliation
5 | Contractor Prequalification Application
11. Is an owner, director, officer, or agent of the applicant company affiliated with another company?
12. YES NO
If the answer is "yes," provide the following information for each individual and the affiliated company.
Individual´s name Affiliated company´s name Period of
affiliation
Type of affiliation (e.g.
officer, director, owner or
employee)
12. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the
last five (5) years?
11. YES NO
If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to):
the original petition, including the case number and the date that the petition was filed; a copy of the
bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was
issued.
13. Has any owner, director, officer, or agent for the applicant company, or has any business
organization in which any such person was an owner, director, officer, or agent filed for or been
discharged in bankruptcy within the past five (5) years?
11. YES NO
If yes, explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7
case, a copy of the notice of commencement.
14. Has any owner, director, officer, or agent of the applicant company owned or managed a
construction company under any other name in the last five (5) years?
11. YES NO
If yes, explain.
6 | Contractor Prequalification Application
15. Has the applicant company been assessed or paid liquidated damages on any project during the
past five (5) years, whether the project was publicly or privately owned?
11. YES NO
If yes, explain.
16. Are there currently any liens, suits, or judgments of record pending against any owner,
director, officer, or agent for the company that is related to construction activities of a business
organization?
11. YES NO
If yes, explain.
17. Has the applicant company or any of its owners, officers, or partners ever been convicted
(criminal) or found liable (civil) for making either a false claim or material misrepresentation to any
public agency or entity?
If yes, explain.
18. Has the applicant company or any of its owners, officers, or partners ever been convicted
of any a federal or state crime?
11. YES NO
If yes, explain.
19. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and
child) of any officer, director, employee or agent, an employee of the City of Miami Beach?
YES NO
If yes, state name, title and share of ownership
Name Title Share (%) of Ownership
7 | Contractor Prequalification Application
20. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either
directly or indirectly, of a candidate who has been elected to the office of Mayor or City
Commissioner for the City of Miami Beach?
YES NO
If yes, provide details.
21. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code"). Does the applicant maintain a corporate code
of business ethics?
YES NO
21a. If yes, attach. If no, will the applicant accept the City’s code of ethics (available at available at
http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-
procedures)?
YES NO
22. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business
unless the business represents that it does not and will not engage in a boycott as defined in
Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to
deal with a person or entity when such action is based on race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. Does
the applicant agree to be comply with this prohibition?
YES NO
23. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the
State of Florida Department of Management Services or a service-disabled veteran business
enterprise (certified by the United States Department of Veterans Affairs).
YES NO
Certifying Agency Certification Type
24. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases
hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that
requires suppliers with more than 51 employees and City volume greater than $100,000 to provide “Equal
Benefits” to their employees with domestic partners, as they provide to employees with spouses. The Ordinance
applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Fl orida; and
the Contractor’s employees located in the United States, but outside of the City of Miami Beach limits, who are
directly performing work on the contract within the City of Miami Beach.
A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of
employees?
YES NO
8 | Contractor Prequalification Application
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners* or to domestic partners of employees?
YES NO
C. Please check all benefits that apply to your answers above and list in the “other” section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic
partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such
as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
25. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant
to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North
Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North
Carolina or Mississippi?
YES NO
If yes, explain.
APPLICANT AFFIDAVIT
The undersigned agrees that s/he: 1) is a principal of the applicant duly authorized to execute the foregoing
Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true,
and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting
documents include all of the material information necessary to validate the status of the company for
prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a
notarized statement whenever a change occurs in the ownership, management , or financial condition of
the company . Further, any prequalification applicant , including its principal(s), director(s), and any affiliate,
who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be
declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any
other penalties prescribed by law.
The undersigned affirms that the applicant agrees: 1) to complete and unconditional acceptance of the terms and
conditions of this document, inclusive of attachments, exhibits and appendices and the contents of any Addenda
released hereto; 2) that it has not colluded, nor will collude, with any other applicant; 3) that all information
contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records
Laws; 4) that all responses, data and information contained in the proposal are true and accurate.
Name:
Title (must be a principal of the applicant):
Signature:
Date:
Florida Department of State DIVISION OF CORPORATIONS
ir
-'
Department of State / Division of Corporations I Search Records / Detail By Document Number /
Detail by Entity Name
Florida Limited Liability Company
HRT CONSTRUCTION GROUP, LLC
Filing Information
Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
L19000029160
83-3320852
01/28/2019
02/01/2019
FL
ACTIVE
LC AMENDMENT
03/25/2019
NONE
8325 NE 2nd ave
Suite 326
Miami, FL 33138
Changed: 02/21/2020
Mailing Address
11820 Miramar Parkway
SUITE# 202
Miramar, FL 33025
Changed: 02/21/2020
Registered Agent Name & Address
TORRES, FRANCIA H
11820 Miramar Parkway
SUITE# 202
Miramar, FL 33025
Address Changed: 02/21/2020
Authorized Person(s)Detail
Name & Address
Title MGR
HALL, WILLIAM, JR
11820 Miramar Parkway
SUITE# 202
Miramar, FL 33025
Title MGR
TORRES, FRANCIA H
8325 NE 2nd ave
Suite 326
Miami, FL 33138
Annual Reports
Report Year
2020
Filed Date
02/21/2020
Document Images
02/21/2020 -- ANNUAL REPORT View image in PDF format
03/25/2019 -- LC Amendment
01/28/2019 -- Florida Limited Liabilitv~l __ v_ie_w_im_a_g_e_i_n_P_D_F_fo_r_m_at_~
View image in PDF format
Fiorda Department of State, Dison of Corporations
55
66
Solicitation 2020 -101 -WG
Contractor Pre -qualification Application For State
Housing Initiatives (SHIP)
Bid Designation: Public
City of Miami Beach
Bid 2020-101-WGCity of Miami Beach
1/31/2020 6:04 AM p. 1
55
66
Bid 2020 -101 -WG
Contractor Pre -qualification Application For State Housing Initiatives (SHIP)
Bid Number 2020 -101 -WG
Bid Title Contractor Pre -qualification Application For State Housing Initiatives (SHIP)
Bid Start Date Jan 31, 2020 8:00:55 AM EST
Bid End Date Feb 20, 2020 3:00:00 PM EST
Bid Contact WILLIAM GARVISO
305 -673 -7490
WILLIAMGARVISO@MIAMIBEACHFL.GOV
Description
PURPOSE & BACKGROUND . On January 17, 2018, the Mayor and City Commission adopted a policy governing the selection of
contractors for construction projects awarded by the City pursuant to the (SHIP) Program. Approving and authorizing the Administration
to issue an Invitation to Bid (ITB), at the a minimum, once a year, in order to establish and maintain a pool of qualified contractors; and
authorizing the City Manager to approve bids and execute agreements with the pre -qualified contractors for project award limit
authorized by the City ’s Local Housing Assistance Plan.
This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the “City ”), as the means for interested parties to submit
applications for the City ’s consideration in establishing a pool of pre -qualified contractors for future competition of rehabilitation projects
in accordance with the State Housing Initiatives Partnership Program (SHIP) Program, which shall ensure homeowners have access
to qualified contractors for all owner–occupied repairs; ensure that projects are awarded in competitive manner that maximizes
available funds; ensure homeowners have a platform for performance evaluation of contractors; ensure contractors have a clear
guideline to complete the work and receive timely payments; ensure vendors comply with the Building Department, Code Compliance
and insurance requirements All work to be completed pursuant to Florida State Statute 420.907 -420.9079, State Housing Initiatives
Partnership (SHIP) Act, and Rule Chapter 67 -37
Bid 2020-101-WGCity of Miami Beach
1/31/2020 6:04 AM p. 2
TABLE OF CONTENTS
SECTIONS:
0100 GENERAL INFORMATION & SCOPE OF WORK
APPENDICES:
APPENDIX A SHIP PROGRAM CONTRACTOR PREQUALIFICATION APPLICATION
APPENDIX B SHIP PROGRAM POLICY
available at: https://www.miamibeachfl.gov/wp-
content/uploads/2019/03/SHIP_Procurement_Policy_final.pdf
APPENDIX C MASTER TERMS AND CONDITIONS FOR ALL STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM (SHIP) PROGRAM PROJECTS
available at: https://www.miamibeachfl.gov/wp-content/uploads/2019/03/Master-
Terms-and-Conditions-for-State-Housing-Initiatives-Partnership-Program-Ship-
Program-Projects.pdf
APPENDIX D SAMPLE CONTRACT BETWEEN CONTRACTOR AND HOMEOWNER
available at https://www.miamibeachfl.gov/wp-content/uploads/2019/03/SHIP-Owner-
Contractor-Agreement.pdf
DEFINITIONS:
Bidder means any firm or individual submitting an application in response to this ITB. The term bidder
may be used interchangeably with applicant and proposer.
Vendor means any firm or individual that has been pre-qualified to supply goods or services to the City.
City means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139.
Bid 2020-101-WGCity of Miami Beach
1/31/2020 6:04 AM p. 3
SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK
1. PURPOSE & BACKGROUND. On January 17, 2018, the Mayor and City Commission adopted
a policy governing the selection of contractors for construction projects awarded by the City
pursuant to the (SHIP) Program. Approving and authorizing the Administration to issue an
Invitation to Bid (ITB), at the a minimum, once a year, in order to establish and maintain a pool of
qualified contractors; and authorizing the City Manager to approve bids and execute agreements
with the pre-qualified contractors for project award limit authorized by the City’s Local Housing
Assistance Plan.
This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the “City”), as the means
for interested parties to submit applications for the City’s consideration in establishing a pool of pre-
qualified contractors for future competition of rehabilitation projects in accordance with the State
Housing Initiatives Partnership Program (SHIP) Program, which shall ensure homeowners have
access to qualified contractors for all owner–occupied repairs; ensure that projects are awarded in
competitive manner that maximizes available funds; ensure homeowners have a platform for
performance evaluation of contractors; ensure contractors have a clear guideline to complete the
work and receive timely payments; ensure vendors compl y with the Building Department, Code
Compliance and insurance requirements All work to be completed pursuant to Florida State Statute
420.907-420.9079, State Housing Initiatives Partnership (SHIP) Act, and Rule Chapter 67-37
The City utilizes BidSync (www.bidsync.com) for automatic notification of solicitation opportunities
and document fulfillment. Any prospective bidder who has received this ITB by any means other
than through BidSync is solely responsible for registering immediately with BidSync to assure it
receives any addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall
verify that it has received and complied with all addenda issued. Failure to receive an addendum,
or comply with an addendum requirement, may result in disqualification of bid submitted.
To be considered to be included in the list of pre-qualified contractors, interested parties
must submit a completed SHIP Program Pre-Qualification Application (Appendix A).
2. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of
the process that the City will utilize to award work pursuant to the prequalification process.
Bid 2020-101-WGCity of Miami Beach
1/31/2020 6:04 AM p. 4
3. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be
submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all
correspondence.
Procurement Contact: Telephone: Email:
William Garviso, CPPB 305-673-7000 x26650 williamgarviso@miamibeachfl.gov
The City Clerk is to be copied on all communications via e-mail at:
RafaelGranado@miamibeachfl.gov; or via facsimile: 786-394-4188.
4. APPROVAL OF PREQUALIFIED STATUS. Following the review of applications, the
responsive, responsible bidder(s) meeting all terms and conditions of the ITB will be recommended
for award, as deemed in the best interest of the City, to the City Manager for his consideration.
After considering the staff recommendation for award, th e City Manager shall exercise his due
diligence and recommend to the Mayor and City Commission the bid that the City Manager deems
to be in the best interest of the City. The City Commission shall consider the City Manager’s
recommendation(s) and, may approve or reject the City Manager’s recommendation(s). The City
Commission may also reject all bids received. In addition to the criteria established in the
application, pursuant to Section 2-369 of the City Code, the City may consider the following:
• The ability, capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified, without delay
or interference.
• The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
PREQUALIFIED STATUS IS VALID FOR THREE (3) YEARS FROM DATE OF THE NOTICE OF
PREQUALIFICATION ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY
MANAGER.
4.1 RENEWAL TERMS. The City Manager, at his sole discretion, may approve up to two
(2), one (1) year renewal terms, providing that the required certification is still valid.
5. ADDITIONAL PREQUALIFIED FIRMS TO BE ADDED TO POOL. At any time, the City, through
the approval of the City Manager, may accept applications and add additional firms to the list of
prequalified firms.
6. AWARDING WORK. When the need for services arises all prequalified contractors that are in
good standing may be invited to submit statements of work (SOW) and costs based on an
Invitation to Quote (ITQ) issued by the City. Each SOW prepared by the contractor shall include a
clear description of the work to be performed (with specific and timed deliverables) and the related
costs by deliverable. The City will select the prequalified contractor that offers the best combination
of services and cost, solely at the discretion of the City.
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7. SERVICE DELIVERY EXPECTATIONS. The City places an emphasis on excellent customer
service delivery and expects the prequalified bidder to provide the best possible customer service
to any and all awarded projects throughout the term of the contract. The prequalified bidder’s
project manager is responsible for monitoring the customer service provided to City by prequalified
bidder’s staff, sales and support teams, and employing, as necessary, corrective measures, to
ensure that the prequalified bidder will provide and maintain the highest quality of customer service
possible during completion of the project(s). Project-specific deliverables and expectations shall be
defined on a project-by-project basis, as specified in each ITQ.
8. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or
should be understood, as a result of a pre-qualification. The City reserves the right to
purchase any goods and/or services awarded from any resulting agreement, or another
governmental contract, or on an as-needed basis through the City’s spot market purchase
provisions.
9. STANDARD TERMS AND CONDITIONS. The City’s Standard Terms and Conditions for
Service Contracts (available at https://www.miamibeachfl.gov/city- hall/procurement/standard-
terms-and-conditions/) are referenced and incorporated herein.
10. BINDING AGREEMENT. By virtue of submitting an application for the City’s consideration, the
bidder agrees that the application shall be considered an offer on the part of the bidder, which offer
shall be deemed accepted upon approval of bidder’s prequalification status by City Manager or City
Commission. Further, bidder agrees that, upon approval of the bidder’s application by the City
Manager or City Commission, a binding Agreement shall be established between the City and the
approved contractor. The Agreement shall be comprised of the following documents, and in the
following order:
First, the Purchase Order issued by the City; then,
Second, the signed Contractor Service Order; then,
Third, the Invitation to Quote (ITQ) awarded to the vendor; then,
Fourth the ITB, including all documents released in connection with the ITB,
including
all appendixes, whether included herein or released under separate cover.
In case of default on the part of the Successful Bidder, after said award, the City may take such
action as it deems appropriate, including legal action, for damages or specific performance.
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APPENDIX A
________________________________________________________________________
ITB 2020-101-WG
Contractor Pre-
Qualification
Application
FOR STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP)
PROJECTS
________________________________________________________________________
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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6 | Contractor Prequalification Application
Contractor Prequalification Application Instructions
(SHIP Program)
Section 1, General. The purpose of this SHIP Contractor Prequalification Application is to comply with the City
of Miami Beach Resolution No. 2018-30136 which establishes a policy for the selection of contractors for
projects awarded pursuant to the State Housing Initiatives Partnership (SHIP) Program. The policy establishes
internal controls for the selection and award of contractors for SHIP program projects awarded by the City for
owner-occupied construction projects funded by the Florida Housing Finance Corporation (FHFC)’s. The SHIP
program allows income eligible homeowners with funding for repairs or improvements that are needed for safe
or sanitary habitation, correction of substantial code violations, or the creation of additional living space or
disaster mitigation. The Policy is intended to ensure:
• compliance with State of Florida requirements for the selection and award of contractors for State
Housing Initiatives Partnership (SHIP) program projects funded by the Florida Housing Finance
Corporation (FHFC)’s SHIP program;
• homeowners have access to prequalified contractors for all owner-occupied repairs;
• that projects are awarded in a competitive manner that maximizes available funds;
• homeowners have a platform for performance evaluation of contractors;
• contractors have clear guidelines to complete work and receive timely payments; and
• vendors comply with Building Department, Code Compliance and insurance requirements.
Pursuant to the Policy, the City prequalifies contractors to be eligible to perform any work under the program
that is approved by the Housing and Community Services Department. Interested contractors m ay submit the
Contractor Prequalification Application to be considered for future work. It is important that interested
contractors read and understand the Ship Program Policy prior to the submittal of this Contractor
Prequalification Application. The City will review applications periodically as they are received and will notify a
contractor when its application has been approved or denied. Contractors should allow 60 days from date of
submittal of application, or submittal of any information (whether omitted or supplemental) that is requested by
the City, whichever is later.
Section 2, Submittal Instructions. The Contractor Prequalification Application will not be considered until it
has been submitted completed and executed by a principal of the applicant. Incomplete applications cannot be
processed. If requested information is not applicable, please indicate ''N/A'' or ''None. '' If answers to questions are
lengthier than the spaces that are provided in the application, the answers may be provided on additional pages,
which must be attached to the application. All requested documents must also be attached to the application.
Failure to attach all requested documents will delay review and approval of the application.
Submit one (1) signed original and one (1) electronic copy (e.g., flash drive, CD-ROM) of the
applications to:
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
The City reserves the right to request clarifications or additional information as deemed necessary to evaluate an
applicant’s qualifications. When clarifications or additional information is requested by the City, Applicants will have seven (7)
business days to provide, in full, all the requested information. Failure to provide the information within the prescribed
time will delay the review process and may result in denial of prequalification.
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2 | Contractor Prequalification Application
Part A – General Bidder Information.
FIRM NAME:
NO. OF YEARS IN BUSINESS:
NO. OF YEARS IN BUSINESS
LOCALLY:
NO. OF EMPLOYEES:
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:
ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
APPLICANT FIRM IS:
_____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other,
specify:______________________________)
Part B – Category of Work.
1. Provide license number and expiration on at least one of the following Miami-Dade County or State of
Florida licenses. Submit all that apply.
✓ Miami-Dade
License Type
License Number License Expiration Date
General Contractor BLDG 0001
Building Contractor BLDG 0002
Residential Contractor BLDG 0003
✓ State of Florida
License
License Number License Expiration Date
Certified Building Contractor
Certified General Contractor
Certified Residential Contractor
Registered Building Contractor
Registered General Contractor
Registered Residential Contractor
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3 | Contractor Prequalification Application
Part C – Operational & Management Information.
1. Submit the following documents:
a. Proof of a liability insurance policy, of at least $1,000,000 per occurrence and $2,000,000 aggregate,
issued by a firm with a Best's guide rating B+:VI or better, latest edition.
b. Proof of bonding capacity of at least $100,000.
c. Documentation regarding the company’s Experience Modification Rate (EMR) for the last three (3) years,
if applicable.
2. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of
the company, below. Submit additional names on a separate sheet if required.
Owner Ownership percentage Directorship/Office type
3. Provide three (3) residential renovation projects that the applicant has completed in the last five
(5) years.
Project Description of Work Project Reference
Name:
Email:
Telephone:
Name:
Email:
Telephone:
Name:
Email:
Telephone:
4. Has the applicant company´s construction license(s) been revoked during the last five (5) years?
YES NO
If yes, why?
5. Have any owners, directors, officers, or agents of the applicant company had a license revoked
during the last five (5) years?
A. YES NO
If yes, why?
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4 | Contractor Prequalification Application
6. Is the applicant company currently barred by a governmental agency, from bidding work as a prime
or subcontractor?
YES NO
If yes, state debarment period and the reason(s) for debarment?
7. Has a surety completed, or paid for completion, of a project on behalf of the applicant company,
within the last five (5) years?
YES NO
If yes, why?
8. Has the applicant company or any of its owners, directors, officers, or agents been convicted of
a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5)
years?
11. YES NO
If yes, why?
9. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on
construction work?
9. YES NO
If yes, state the name of the affiliate?
10. Is the applicant company a parent, subsidiary, or holding company for another construction
company?
YES NO
If the answer is "yes," identify the company and type of relationship(s), below:
Company Type of affiliation (parent or subsidiary) Period of affiliation
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5 | Contractor Prequalification Application
11. Is an owner, director, officer, or agent of the applicant company affiliated with another company?
12. YES NO
If the answer is "yes," provide the following information for each individual and the affiliated company.
Individual´s name Affiliated company´s name Period of
affiliation
Type of affiliation (e.g.
officer, director, owner or
employee)
12. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the
last five (5) years?
11. YES NO
If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to):
the original petition, including the case number and the date that the petition was filed; a copy of the
bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was
issued.
13. Has any owner, director, officer, or agent for the applicant company, or has any business
organization in which any such person was an owner, director, officer, or agent filed for or been
discharged in bankruptcy within the past five (5) years?
11. YES NO
If yes, explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7
case, a copy of the notice of commencement.
14. Has any owner, director, officer, or agent of the applicant company owned or managed a
construction company under any other name in the last five (5) years?
11. YES NO
If yes, explain.
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6 | Contractor Prequalification Application
15. Has the applicant company been assessed or paid liquidated damages on any project during the
past five (5) years, whether the project was publicly or privately owned?
11. YES NO
If yes, explain.
16. Are there currently any liens, suits, or judgments of record pending against any owner,
director, officer, or agent for the company that is related to construction activities of a business
organization?
11. YES NO
If yes, explain.
17. Has the applicant company or any of its owners, officers, or partners ever been convicted
(criminal) or found liable (civil) for making either a false claim or material misrepresentation to any
public agency or entity?
If yes, explain.
18. Has the applicant company or any of its owners, officers, or partners ever been convicted
of any a federal or state crime?
11. YES NO
If yes, explain.
19. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and
child) of any officer, director, employee or agent, an employee of the City of Miami Beach?
YES NO
If yes, state name, title and share of ownership
Name Title Share (%) of Ownership
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7 | Contractor Prequalification Application
20. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either
directly or indirectly, of a candidate who has been elected to the office of Mayor or City
Commissioner for the City of Miami Beach?
YES NO
If yes, provide details.
21. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code"). Does the applicant maintain a corporate code
of business ethics?
YES NO
21a. If yes, attach. If no, will the applicant accept the City’s code of ethics (available at available at
http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-
procedures)?
YES NO
22. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business
unless the business represents that it does not and will not engage in a boycott as defined in
Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to
deal with a person or entity when such action is based on race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. Does
the applicant agree to be comply with this prohibition?
YES NO
23. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the
State of Florida Department of Management Services or a service-disabled veteran business
enterprise (certified by the United States Department of Veterans Affairs).
YES NO
Certifying Agency Certification Type
24. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases
hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that
requires suppliers with more than 51 employees and City volume greater than $100,000 to provide “Equal
Benefits” to their employees with domestic partners, as they provide to employees with spouses. The Ordinance
applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Fl orida; and
the Contractor’s employees located in the United States, but outside of the City of Miami Beach limits, who are
directly performing work on the contract within the City of Miami Beach.
A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of
employees?
YES NO
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8 | Contractor Prequalification Application
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners* or to domestic partners of employees?
YES NO
C. Please check all benefits that apply to your answers above and list in the “other” section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic
partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such
as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
25. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant
to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North
Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North
Carolina or Mississippi?
YES NO
If yes, explain.
APPLICANT AFFIDAVIT
The undersigned agrees that s/he: 1) is a principal of the applicant duly authorized to execute the foregoing
Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true,
and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting
documents include all of the material information necessary to validate the status of the company for
prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a
notarized statement whenever a change occurs in the ownership, management , or financial condition of
the company . Further, any prequalification applicant , including its principal(s), director(s), and any affiliate,
who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be
declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any
other penalties prescribed by law.
The undersigned affirms that the applicant agrees: 1) to complete and unconditional acceptance of the terms and
conditions of this document, inclusive of attachments, exhibits and appendices and the contents of any Addenda
released hereto; 2) that it has not colluded, nor will collude, with any other applicant; 3) that all information
contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records
Laws; 4) that all responses, data and information contained in the proposal are true and accurate.
Name:
Title (must be a principal of the applicant):
Signature:
Date:
Bid 2020-101-WGCity of Miami Beach
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55
66
Question and Answers for Bid #2020 -101 -WG - Contractor Pre -qualification
Application For State Housing Initiatives (SHIP)
Overall Bid Questions
There are no questions associated with this bid.
Bid 2020-101-WGCity of Miami Beach
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HRT CONSTRUCTION GROUP
BUSINESS
I. INTRODUCTION
HRT CONSTRUCTION GROUP (the
integrity, and accountability in
“Code”) serves as a statement
moral guide to the day-to-day
employees, interns, agents,
representing the Company (collec
This Code covers a wide range
exhaustive. However, by adher
commitment towards the Comp
II. PURPOSE
The purposes of this Code are to:
Set forth the basic princip
professional activities as
Promote compliance with a
Promote honest and et
conflicts of interest betw
Promote avoidance of confl
of any material transacti
conflict;
Promote the prompt intern
Promote accountability for
Promote fair dealing w
employees;
Protect the confidentiality
Promote the protection and
Provide guidance to Comp
Provide a mechanism to re
Help foster the Company’s
III. COMPLIANCE WITH THIS CODE AN
Company Personnel must strict
even the appearance of improp
HRT CONSTRUCTION GROUP CODE OF
USINESS CONDUCT AND ETHICS
(the “Company”) is guided by the highest ethical stan
the conduct of its business. This Code of Business Cond
of the Company’s ethical beliefs, values, and commit m
ay business/professional activities and endeavors of a
consultants, sub-contractors, and other persons a
ollectively hereinafter referred to as “Company Person nel”
ge of business/professional practices and procedures, b
ering to this Code, Company Personnel will be able to
pany’s goal of religiously practicing and implementing its
o:
iples to guide Company Personnel in their day-to-day
as part of the Company;
applicable laws, rules and regulations;
ethical conduct, including the ethical handling of a
ween personal and professional relationships;
onflicts of interest, including disclosure to an appropriate or
ion or relationship that could reasonably be expected t
rnal reporting to an appropriate person of violations of thi
r adherence to this Code;
with the Company’s stakeholders, customers, suppliers,
of corporate information;
and proper use of corporate assets and opportunities;
pany Personnel to help them recognize and deal with ethic
eport any illegal or unethical conduct; and
any’s culture of honesty, integrity, and accountability.
ND LOCAL LAWS
ctly abide by this Code, conduct themselves accordingly, and
per and dishonest behavior. Moreover, as it is the policy
andards of honesty,
duct and Ethics (this
ment, as well as a
all directors, officers,
associated with or
nel”).
but is by no means
o demonstrate their
s ethical standards.
business/
actual or apparent
or authorized person
to give rise to such a
is Code;
ers, competitors, and
ical issues;
and seek to avoid
of the
Company to comply with all ap
conform with the same in good
any laws, rules and regulation
However, if a local custom or p
this Code. For questions about
wherein they may violate this C
Procedures”, or consult the Ch
how to handle the situation.
Company Personnel are also re
and procedures applicable to
Personnel who violate the stan
disciplinary action(s), which may
Company, among others. In add
violation to the relevant authori
IV. ADVANCING AND PROTECTING T
Conflict of Interest
It is the obligation of Company
times. Thus, Company Personnel
create a conflict of interest.
A conflict of interest arises w
inconsistent or incompatible w
Personnel are involved in any
responsibilities and duties in the
While it is impossible to describ
some examples of conflicts of in
Assisting family members or
Directing business to a s
Personnel, or owned or m
Having employment or bus
Acquiring directly or in
involving the Company, it
Accepting special favors
organization with which
Using the Company’s resou
Competing with the Compa
Receiving special loans, gu
Company benefits) because
Company Personnel who are awa
provided under the “Compliance
the Chief Human Resour
applicable laws, rules and regulations, Company Personnel
good faith. For the avoidance of doubt, should any part of thi
ons, such laws, rules, and regulations shall prevail, and
practice is inconsistent with this Code, Company Personnel
these conflicts, or if Company Personnel believe that th
Code, they should follow the guidelines provided belo w
hief Human Resources Officer or the Chief Legal Offic er
required to comply with the Company’s Trading Policy and
them that are adopted by the Company from time
andards of this Code and existing Company policies sub
may include termination of employment or severance of rel
ddition, any violation of the law may result in the Com
ities.
THE INTEREST OF THE COMPANY
Personnel to keep in mind and act in the best interest of
ersonnel should avoid any relationship or activity that might
when the personal and/or financial interests of Co m
with the best interests of the Company. It may also ex
ny activity or endeavour that may interfere in the per
e Company.
be every situation in which a conflict of interest may aris
nterest, or circumstances that may give rise to the same:
or friends in doing business with the Company;
supplier directly or indirectly owned or managed b y
or managed by a relative or friend;
siness/professional relationship with the Company’s com
ndirectly any form of business or personal benefit
ts clients, contractors, or suppliers;
ors or receiving any kind of personal benefit fro
the Company has a current or potential business/profes
urces and/or information to gain personal benefit;
any in any kind of business transaction; and
uarantees, and/or accommodations (other than those
use of Company Personnel’s position in the Company.
aware of an actual or potential conflict of interest must follow
nce Procedures” below, or immediately bring such matter
esources Officer or the Chief Legal Officer of
nnel are expected to
his Code conflict with
and be complied with.
ersonnel must adhere to
hey are in a situation
w under “Compliance
er of the Company on
and all other policies
me to time. Company
ubject to appropriate
of relationship with the
ompany reporting such
of the Company at all
create or appear to
mpany Personnel are
exist when Company
erformance of their
arise, the following are
y Company
petitors;
in any transaction
om any person or
rofessional relationship;
enjoyed as
follow the procedures
er to the attention of
of the Company.
Conflicts of interest may not always
consult with the Chief Human Resources
The Company’s directors should
Chairman of the Board of Directors
be taken. Further, all directors
their personal, business/profess
Gifts and Entertainment
Business gifts and entertainme
relationships among business p
beverages, tickets to sporting
accommodations, and other
compromise, or appear to co
decisions, or result to unfair ad
immediate family members are
contractor, business partner, or
potential business relationship.
To prevent any impression that
extending the same. When rece
such business courtesy:
does not violate laws, rules
is modest in value purs
practices, but in no case sh
is for an appropriate busin
is appropriate in the part
negotiations;
does not embarrass the Co
is unlikely to be construed
is visible to the manageme
is not in cash or cash equiv
Company Personnel should also
the same party in determining
business discussions or the dev
ordinary course of business, and
does business with government a
apply at all times and do not ch
Company Personnel who are in
seek guidance from the Chief
ways be clear-cut. For questions or clarifications, Company
esources Officer or the Chief Legal Officer of the Company
ould specifically disclose any actual or potential confli ct
ors (the “Board”), who shall determine the appropriate resolu
ors must recuse themselves from any Board discussion or
sional transactions and interests.
ent are customary courtesies designed to build goodw
partners. These business courtesies include, but are not l
ng or cultural events, discounts not available to t
merchandise. However, a problem may arise when
ompromise, the Company’s ability to make fair and
dvantages in business transactions. Given this, Company
are discouraged from soliciting or accepting gifts from any
or any person or organization with which the Compa
at business courtesy is improper, caution should be exerci
eiving or giving any business courtesy, Company Personnel
es or regulations;
ursuant to local standards and consistent with customa
shall such business courtesy exceed One Thousand Pesos (P
ness purpose;
ticular context, like whether it is in the middle of a bidding
ompany or would not be against the Company’s values;
as a bribe;
ent of the recipient; and
valent.
so take into consideration the frequency of business court
ng their propriety. Further, business courtesies extended
velopment of business relationships are only appropria
nd their value is modest. Furthermore, strict rules apply
nt agencies and officials, as discussed in more detail belo
hange during traditional gift-giving seasons.
doubt as to the propriety of any business courtesy or p ersonal
ef Human Resources Officer or the Chief Legal Officer
any Personnel should
ny.
cts of interest to the
esolution or action to
or decision affecting
will and constructive
not limited to, meals and
the general public,
en such courtesies
and objective business
any Personnel or their
m any customer, supplier,
any has a current or
exercised in receiving or
ersonnel shall ensure that
ary business
(P1,000.00);
g process or business
tesies being made to
extended in connection with
ate if they are in the
ly when the Company
ow. These guidelines
ersonal benefit should
er of the Company.
Honesty and Fair Dealing
The Company does not engage
important that Company Personnel
and fair in dealing with the Com
advisors, competitors, and anyone
employment or business relat
through actions such as (but
confidential information, falsifi
unfair practice. Company Person
relationship, personal benefit,
Competitive Practices
The Company firmly believes
enterprise system. The Company
restraints of trade, unfair practic
The Company will not enter in
businesses, or the ability of any
is also the Company’s policy to
arrangement or understanding t
Bribery and Corruption
The Company always conducts
and regulations, especially those
not tolerate any act of bribery, c
behalf, that would result in the
Failure to comply with these laws
termination of employment an
criminal penalties.
V. INFORMATION AND RECO R
Confidential and Proprietary Inf
Company Personnel are respons
Company to which they have d
Company. It is the duty of Com
persons outside the Company,
Personnel on a “need to know”
directors) or the Chief Executive
For purposes of this Code, conf
of the Company, in any tangible or
the circumstances surrounding th
include, but are not limited to,
procedures, technological achi
prospects, financial statements
and all technical, financial or b
details
age in unethical or illegal practices. When representin g
ersonnel are: (a) consistent with the law; (b) faithful to this C
ompany’s business partners, contractors, suppliers, cus
one else with whom Company Personnel have contact w
ationship. Company Personnel should not take any ad
not limited to) manipulation, concealment, misappr
ication, misrepresentation of material facts, undue infl
ersonnel should not give any advantage to anyone
or other reasons not involving the best interest of the
that fair competition is fundamental to the conti n
any complies with, and supports antitrust laws and st
ces, or abuse of economic power.
nto arrangements that unlawfully restrict its ability to
of any other business organization to compete freely w
o prohibit Company Personnel from entering into or disc
that may result in unfair business practices or anti-comp
its business in an ethical manner, in compliance with ap
ose against bribery and corruption of public officers. As such
corruption, or unethical practices of any kind, whether t a
violation of the Company’s policies and/or the applica b
laws and/or these policies will not only lead to grave c ons
nd/or severance of the business relations, but will also
RDS
formation
onsible and accountable for safeguarding the confidential
direct or indirect access to by reason of their employment or
mpany Personnel not to disclose the Company’s confidential
any, including family members, and to share these only w
now” basis; unless such disclosure is specifically authorized
e Officer of the Company (for the rest of Company Personnel).
onfidential information shall mean all non-public and pro
le or intangible form, that are designated as confidential or
their disclosure should be reasonably considered as conf
o, intellectual property, products or planned products,
hievements and interests, customers and potential c
s and information, financial situation and corporate plan
business information, data, ideas, product strategies, busin
of the
g the Company, it is
Code; and (c) honest
ustomers, professional
t with in the course of
dvantage of anyone
ropriation, abuse of
luence, or any other
anyone due to personal
Company.
nuation of the free
tatutes that prohibit
compete with other
with the Company. It
cussing any unlawful
petitive behavior.
applicable laws, rules,
uch, the Company will
aken directly or on its
ble anti-bribery laws.
onsequences such as
so entail civil and/or
al information of the
loyment or position in the
ential information to
with other Company
zed by the Board (for
nel).
oprietary information
ential or by their nature or
onfidential. These shall
s, processes and/or
customers, business
lans, internal activities,
usiness strategies, and
employees.
For the avoidance of doubt, int
copyrights, utility models, design
like nature arising or subsisting
registered or unregistered. Any
developed or are involved
property of the Company.
The obligation of Company Personnel
after separation from the Comp
Financial Reporting and Records
The Company requires honest
business decisions. The Comp
stakeholders, directors and manag
Company does business. All of
appropriately reflect the Co
requirements, as well as the Co
assets should not be maintained
Company Personnel have the
Company’s accounting records
must be supported by accurate d
in the proper accounting period
Certain Company Personnel may
documented and recorded acc
legitimate, they should consult t
Business records and communica
regulatory proceedings. In this re
guesswork, or inappropriate ch
to communications of all kinds,
formal reports.
Record Retention
The Company maintains all reco
and regulations, and other laws
“business records” covers a
communications, including hard
maintained at work or at hom
with, any records, whether wri
regulations to maintain such rec
government investigation or litiga
VI. COMPANY ASSETS AND WORKIN
Use of Company Assets
The Company’s equipment and
Company Personnel should ende
efficient use. Loss, theft, wastag
tellectual property shall include patent, trademarks, ser
gn rights, inventions, drawings, computer programs, know
ng anywhere in the world in relation to all of the fore
ny ideas, inventions or other intellectual property whic h
in developing while connected with the Compa ny
ersonnel to protect the Company’s confidential informa
pany, for whatever cause.
ds
and accurate recording and reporting of information t
pany’s accounting records are relied upon to prod
management, as well as government agencies, and perso
of the Company’s financial statements, books, records , and
ompany’s activities, and conform to applicable legal and
ompany’s system of internal controls. Unrecorded or “off
d unless required by applicable laws, rules, or regulations.
e responsibility, within the scope of their position,
do not contain any false or intentionally misleading entr
documentation, in reasonable detail, and recorded in the
d.
el may be authorized to use business expense accoun
ccurately. If Company Personnel are not sure whether a
their immediate superior or the Chief Legal Officer of the C
munications often become public through the media, or
regard, Company Personnel should avoid exaggerati on,
haracterizations that can be misunderstood. This requi re
including internal and external e-mails, informal notes, i
ords in accordance with the Data Privacy Act of 2012, it s
s, rules and regulations regarding the retention of busin ess
broad range of files, reports, business plans, rece
d copy, electronic, audio recording, microfiche and micro
me. The Company prohibits the unauthorized destructi
itten or in electronic form, where the Company is requ i
records or where it has reason to believe of a thre
gation relating to such records.
NG ENVIRONMENT
and assets should be used only for legitimate Company bu
endeavor to protect the Company’s equipment and asse
ge, or other misuse have a direct impact on the Company’s
s, service marks, designs,
w - how and rights of
e foregoing, whether
h Company Personnel
ny are considered the
mation continues even
to make responsible
duce reports for its
ons with whom the
, and accounts must
gal and accounting
or “off the books” funds or
s.
to ensure that the
entries. All transactions
e proper accounts and
ounts, which must be
a certain expense is
Company.
or through legal or
on, derogatory remarks,
rement applies equally
internal memos, and
s implementing rules
ess records. The term
, receipts, policies and
rofilm files, whether
on of, or tampering
ired by laws, rules or
reatened or pending
usiness and activities.
sets, and ensure their
any’s profitability. Any
suspected incident of fraud or
department heads for investigat
Office Security
The Company operates a “clear
documents and papers are lock
protected. Company Personnel sho
loss.
Information Technology
The Company’s information techno
telephones and voice mail are
purposes. The Company’s inform
messages provided that such use
Electronic documents and messages
modified by Company Personnel are
recognize that they are not “p
right to access and disclose (bo
to specify, configure and restr
Company Personnel should use
they would not want to be seen
Corporate Opportunities
Company Personnel have a dut
Company’s legitimate interests
not use their position with the
personal gain or for the gain of
an opportunity that is discovered
employment with the Compa
immediate superiors.
Employment of family members
member by another is not
Officer of the Company. Except
another is also discouraged and re
Non-Discriminatory Environmen
The Company fosters a work en
Company promotes equal opp
employees, officers or directors
orientation, or disability. The
Personnel in compliance with a
and policies to assure fair e
compensation, termination and
Personnel. This policy also appli
Harassment-Free Workplace
The Company will not tolera
suppliers, which shall includ
or theft, or any misuse should be reported immediately
gation.
“clear desk” policy. It is Company Personnel’s responsibilit
ked away in a safe place, and that the means of access
ersonnel should take all reasonable measures to minimize the ri
echnology systems, including computers, e-mail, intranet
are the property of the Company and are to be used pr
nformation technology systems may be used for minor or
use is kept at a minimum, and follows Company policy and
messages (including voice-mail, e-mail, and SMS) sent, rec
ersonnel are considered Company property, and Company
personal” or “private”. Unless prohibited by law, the Com
oth internally and externally) electronic documents and message
rict its electronic systems as may be necessary for its
good judgment and not access, send messages, or store
seen or heard by others.
ty of loyalty to the Company, which includes a duty to
when the opportunity to do so arises. Accordingly, Com
e Company or the Company’s name, property, informa
others. Company Personnel are further prohibited from
ered through the use of any Company property, infor
any. All such opportunities, actual or perceived, should
rs in the Company is permissible, but the direct super
s not permitted unless otherwise authorized by the Chie
t for summer and co-op students, indirect supervision of
requires the prior approval of the Company’s Chief Human
nt
nvironment in which all individuals are treated with resp
pportunity and does not discriminate against Company
ors on the basis of race, color, religion, sex, national or
Company will only make reasonable accommodations for
applicable laws, rules and regulations. The Company is c
employment, including equal treatment in hiring, p
and corrective action, and will not tolerate discrimin
ies equally to the treatment of the Company’s customers/
olerate any form of harassment of Company Perso
de sexual harassment. Sexual harassment is ille
ely to the respective
ty to ensure that all
(keys and codes) are
isk of theft, fraud, or
and internet access,
rimarily for business
or incidental personal
nd this Code.
received, created or
any Personnel should
ompany reserves the
and messages, as well as,
s business purposes.
any information that
always advance the
mpany Personnel may
nformation or goodwill for
ed from taking advantage of
rmation, contacts or
ould be reported to
ervision of one family
ef Human Resources
of a family member by
uman Resources Officer.
pect and dignity. The
any Personnel, potential
onal origin, age, sexual
ons for its Company
committed to actions
promotion, training,
nation by Company
omers/clients.
nnel, customers or
egal and Company
Personnel are prohibited from
means unwelcome sexual cond
unwanted sexual advances, unwant
sexual jokes, innuendoes, sugges
Substance Abuse
The Company is committed to ma
Company Personnel are expect
degree that job performance or
alcohol.
Workplace Violence
It is the policy of the Company t
professional and free from bias
kind of violent behavior. Threat
ridicule, or other similar behavi
tolerated.
Any form of violent miscondu
behavior, even if not unlawfu
is also unlawful may be subject t
Health and Safety
The Company is committed to p
applicable laws, rules, and regula
that affect their job, other Com
learning of any circumstance affec
immediately to address the sit
superiors of any workplace inju
workers, or the community in gene
VII. CORPORATE SOCIAL RESPONSIBILI
The Company firmly believes in
considering the protection of t
respecting and supporting the c
(c) constantly striving to make
awareness policies into their ev
ensures that appropriate organiza
the corporate social responsibilit
VIII. REPORTING OF VIOLATIONS OF TH
It is the duty and responsibility of
Company Personnel to report
from engaging in any form of sexually harassing behavior .
duct, either visual, verbal or physical, and may include, b
nwanted and/or suggestive touching, language of a sex
estions, suggestive looks and displaying sexually suggestive
maintaining a safe and healthy work environment free from
ted to perform their responsibilities in a professional
e or judgment may be hindered, be free from the effec
to ensure that all inter-relationships among persons in th
s, harassment, and/or violence. Thus, the workplace mu
tening, intimidating, or aggressive behavior, as well as b
ior toward fellow Company Personnel or others in the wo
uct, discrimination, harassment, retaliation, and/or oth
wful, will be subject to disciplinary action. Additionally,
to civil and criminal liability.
providing a healthy and safe workplace, which is always
ulations. Company Personnel must be aware of the safety
ompany Personnel, and the community in general. Compa
affecting the health and safety of the workplace or the c
situation. Company Personnel must immediately ad vi
ury or any circumstance presenting a dangerous situati on
eneral, so that timely corrective action can be taken.
LITY
n conducting its business in a socially responsible and et
the environment and safety of the people and commun
communities and cultures surrounding the operations of
e Company Personnel role models in this respect by
everyday business decision-making. In line with these meas
anizational structures are in place to effectively identify, mo
ty issues and performances relevant to its operations.
HIS CODE
of Company Personnel to uphold this Code. The Company e
ort all infractions or violations of this Code directly to
. Sexual harassment
but is not limited to,
a sexual nature, telling
e visual materials.
from substance abuse.
manner and, to the
effects of drugs and/or
the workplace will be
must be free from any
bullying, subjecting to
workplace will not be
her forms of violent
any misconduct that
s in compliance with
fety issues and policies
any Personnel, upon
community, must act
vise their immediate
on to them, other co-
ethical manner by: (a)
ommunity concerned; (b)
ons of the Company; and
incorporating social
measures, the Company
monitor, and manage
encourages
o the Chief Human
Resources Officer or the Chief Le
conducted by any person, duly
process under the law. Specific
concerning this Code are provid
IX. COMPLIANCE PROCEDURES
Company Personnel must work
Code. However, in some situa
anticipate every situation that
adhere to the following guidelin
Make sure to have all the
as possible, be fully inform
Ask these questions: “W
improper?” This will help
the proper approaches t
sense - if something seems
Clarify one’s responsibi
colleagues informed? It m
Discuss the problem with
cases, immediate superi
being brought into the d
superiors to help solve pr
Seek help from Company
an issue with an immed
Officer of the Company.
Company Personnel may re
If the situation requires th
be practiced. The Company
good faith, report violations
Always ask first, act later: If
X. APPLICABLE LAW
The provisions of this Code will
applicable laws, rules, and regula
those of various jurisdictions wh
THIS CODE WAS APPROVED ON 14 MAY
egal Officer of the Company. Any investigation, when circ
uly authorized for the purpose, shall be subject to the re
c procedures for the confidential and anonymous repor
ided in the Company’s Whistleblower Policy.
work together to ensure prompt and consistent action agai
ations, it is difficult to know right from wrong. Since
may arise in relation to this Code, it is important that
nes:
pertinent facts. To reach the right solution, Company Pers
med.
What am I specifically being asked to do?” “Does it
elp Company Personnel focus on the specific dilemma th ey
they have. Company Personnel should use prudent judg
ms unethical or improper, it probably is.
bility and role. In most situations, there is shared
may help to get others involved and discuss the problem.
h immediate superiors. This is the basic guidance for al
iors will be more knowledgeable about the situation,
decision-making process. Remember that it is the respon
roblems.
any resources. In the rare cases, when it may not be a pp
diate superior, consult the Chief Human Resourc es Off
eport ethical violations in confidence and without fear of ret
hat the identity of Company Personnel be kept secret, ano
any does not permit retaliation of any kind against Compa n
ons of this Code.
f unsure of what to do in any situation, seek guidance before
ll be modified or amended, to the extent necessary, in or
ulations imposed by the Philippine national or local go
here the Company and/or Company Personnel operate in
MAY 2019.
circumstances warrant,
e requirements of due
orting of complaints
nst violations of this
nce it is impossible to
at Company Personnel
sonnel must, as much
t seem unethical or
ey are faced with, and
gment and common
responsibility. Are
l situations. In many
and will appreciate
onsibility of immediate
ppropriate to discuss
es Officer or Chief Legal
retaliation.
onymity will
ny Personnel who, in
fore acting.
order to comply with
overnment, including
.
Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing
Initiatives Partnership (SHIP) Program
I. Purpose
The purpose of this policy is to establish internal controls for the selection and award
of contractors for projects awarded by the City of Miami Beach, Florida (the City),
pursuant to the State Housing Initiatives Partnership (SHIP) program for owner-
occupied construction projects funded by the Florida Housing Finance Corporation
(FHFC)’s SHIP program. Pursuant to the Local Housing Assistance Plan (LHAP), previously
approved by the City Commission, the City may provide income eligible homeowners with
SHIP funds in connection with repairs or improvements that are needed for safe or
sanitary habitation, correction of substantial code violations, or the creation of
additional living space (Rehabilitation) or disaster mitigation repairs (collectively, City’s
Housing Rehabilitation Program).
This Policy is intended to:
Ensure compliance with State of Florida requirements for the selection and award
of contractors for State Housing Initiatives Partnership (SHIP) program projects
funded by the Florida Housing Finance Corporation (FHFC)’s SHIP program
Ensure homeowners have access to prequalified contractors for all owner-
occupied repairs;
Ensure that projects are awarded in a competitive manner that maximizes
available funds;
Ensure homeowners have a platform for performance evaluation of contractors;
Ensure contractors have clear guidelines to complete work and receive timely
payments; and
Ensure vendors comply with Building Department, Code Compliance and insurance
requirements.
II. Definitions.
A. Project Manager. Third-party consultant responsible for conducting site
inspections, drafting scope of work inclusive of projects specifications that will
form the basis for the bid documents that will be submitted to the List of General
Contractors.
B. SHIP Program Coordinator. Office of Housing and Community Services (HCS, the
Department) staff, responsible for seeing day-to-day operations of the SHIP
program, including program monitoring, homeowner certifications, contractor
qualifications approving payments and reporting data to the Florida Finance
Housing Corporation.
III. Contractor Qualifications. Contractors seeking to participate in the City’s Housing
Rehabilitation Program must be prequalified through the City’s SHIP Contr actor
Prequalification Process.
2 | Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
A. Annually (at a minimum), the City will issue a Request for Qualifications (RFQ) for
those contractors interested in being prequalified to submit their statements of
qualification for the City’s consideration. Once prequalified, contractors must
maintain the required licensing and insurance to be eligible for future projects
awarded through this policy.
B. The City Manager, in his sole discretion, may approve or reject any contractor to
be added to the list of prequalified SHIP contractors. Additionally, the City
Manager may remove any contractor that has failed to maintain the qualification
requirements or for which the City has documented unresolved or a history of
performance issues. Any contractor wishing to appeal the City Manager’s decision
to not prequalify or to remove from prequalification, shall submit its reasons for
the appeal directly to the City Manager.
C. Any party who has been suspended or debarred by U.S. HUD or any other Federal
Executive Branch Agency and is listed on the Current Exclusion List will not be
accepted to participate in the program until at least six (6) months after the
expiration of the applicable suspension or debarment. HCS will maintain a current
listing of prequalified contractors that will be utilized to seek bids for the Housing
Rehabilitation Program. The list will also be made available to City residents on the
Department’s website. Contractors are responsible for maintaining insurance and
licensing information current; and providing updates to the City. All prequalified
contractors will be invited to attend Pre-Bid meetings held by a HCS SHIP program
staff at the project site. Contractors will be provided with the approved
Specification of Work Report that will detail the work to be completed for that
particular project. Contractors will be given a deadline to submit questions and
bids.
IV. Scope of Work and Specifications. The City contracts a third-party consultant (Project
Manager) for project management services. The Project Manager will assist the SHIP
coordinator in drafting the Specification of Work, project monitoring/evaluation and
project closeout.
A. The Project Manager will attend a walk through at the eligible homeowner’s
residence to assess needed repairs and will provide HCS with the Specification of
Work that can be completed within the available project budget. Once the scope
of work is approved by the homeowner, the SHIP coordinator will prepare the bid
document.
B. The bid document will include the Specification of Work and any other applicable
documents, (e.g. floor plans, demolition plans, sketches, product specifications).
C. The Project Manager will assist SHIP coordinator and any other City staff in the
evaluation of the bids submitted by the Contractor. The Building Department may
be provided with a copy of the Specification of Work for their review and any other
applicable documents, in order to facilitate the expediting of applicable building
permits.
3 | Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
V. Required Competition. HCS SHIP Coordinator shall seek at least three written quotes
from pre-qualified contractors and shall make reasonable efforts to maximize
competition, including seeking quotes from all pre-qualified contractors.
A. Upon the expiration of the established Bid Deadline, the bids will be reviewed and
itemized on a bid tabulation. The HCS Director may approve awards to lowest
responsive, responsible bidders for projects up to $50,000. Projects above $50,000
require the approval of the City Manager. In determining an award, the factors
outlined in Section 2-369 of the City Code shall be considered. In rare cases when
three quotes cannot be obtained, the approval of the City Manager shall be
required regardless of the value of the project.
B. Once the contractor is selected, a contract shall be executed between the City, the
selected contractor and the homeowner. At a minimum, the contract shall state
the payment schedule, scope of work, and schedule of work. Add itionally, the
homeowner will execute the permit application and the Notice of Commencement.
Contractor must record the Notice of Commencement.
C. Contractors will only be awarded one project until they have completed a project
that is in compliance with all project requirements, including no change orders or
delays, and is satisfactory to the Owner and Department staff. Contractors may be
awarded a maximum of two projects concurrently, as recommended by the State
funder. If a contractor has two active projects, they will not be awarded any
additional projects, unless the Contractor’s performance is sat isfactory in current
or previous awards. Contractors are encouraged to participate in the bidding
process regardless of the number of projects awarded.
VI. Permits. The SHIP program prioritizes the repairs or improvements that are needed for
safe or sanitary habitation, correction of substantial code violations, structural or systems
faults, or the creation of additional living space. The work performed must be compli ant
with the City’s building requirements.
A. Once contractor is issued a contract, Notice of Commencement and permit
application, they must follow the City’s Building Permit procedures.
B. The City will offer expedited permitting, as per the Local Housing Assistance Plan
(LHAP), previously approved by the City Commission.
C. The Contractor will provide all plans required by the Building Department with no
typos or errors.
D. The Contractor is responsible for ensuring that the project is compliant with
requests, recommendations or suggestions provided by the Building Official/
Inspector.
4 | Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
VII. Payments. Progress and final payments to the contractor shall be approved by the
City only after the work has been inspected by the housing inspector and determined to
comply with the contract and the project bid specifications.
A. The City will retain a percentage of all approved Draws, as allowed by Florida
Statute, until final inspection and project completion. If a Contractor fails to
complete the project and does not comply with the Specification of Work, that
Contractor will not have the retainage released.
B. There shall be a maximum of three (3) progress payments and final release of
retainage once all permits are closed and final work product is approved by HCS.
C. Upon completion of a project, a final inspection must be requested by the
Contractor. The request must include a copy of the Final Draw Form and copy of all
Permit cards with final approval from the Building Department Inspectors. The
request is made by the contractor and requested from the independent inspector.
D. All Draw Requests must be approved by the SHIP Program Coordinator and
Department Director. The SHIP Program Coordinator may reasonably request
releases and waivers of lien in connection with the application of any progress
payments. The Finance Department will only process any Draw Requests once they
are reviewed and approved by the Director or his/her designee.
E. If the homeowner does not receive satisfaction from the Contractor, the
Department may withhold payment and/or retainer if deemed necessary, until a
resolution is achieved. Likewise, the Department reserves the right to intervene on
the Contractor’s behalf if the homeowner is refraining from approving a Draw
request without just reason. The Department could proceed to pay the Contractor
for the work completed as required without the Homeowner’s approval.
VIII. Change Orders. Any change order that does not increase the project amount greater
than the amount stipulated herein may be approved administratively by the City Manage r.
The HCS Director may approve changes that increase the project value up to $50,000.
Change orders for projects above $50,000 require the approval of the City Manager, in an
amount not to exceed $200,000.
IX. Dispute Resolution. If a problem arises between the homeowner and contractor, the
City may intercede in order to ensure the project’s completion.
A. If a complaint relating to post-construction work deficiencies is received, the SHIP
Program Coordinator will evaluate the complaint within ten (10) working days.
B. If the complaint is determined to be valid and the contractor has not addressed
the complaint in accordance with the construction contract, the contractor shall be
suspended from further program participation pending co rrective action.
5 | Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
C. Corrective repair work through a different approved contractor may be initiated by
the SHIP Program Coordinator if any emergency or extremely hazardous conditions
exist or if the contractor fails to show good faith at correcting the prob lem within
the specified time limit.
D. If the complaint is not valid, the homeowner will be so notified in writing. Owners
are to be encouraged to contact the contractor directly in an attempt to resolve
construction concerns prior to contacting the City.
E. If a complaint relating to processing, policy, or procedures is received, the City staff
will respond in writing. The staff response will explain applicable policy when
necessary and specify corrective action if any is required.
F. Under the terms of the construction agreement, the City has the authority to
decide all questions relative to the interpretation of any contract documents and
fulfillment of the construction contract as to the character, quality, amount and
value of any work and materials furnished under the contract. City decisions
regarding all claims, questions and disputes shall be final.
G. In the event that the need for arbitration should arise, the Department may use
the Construction Housing Inspector as an arbiter. The City’s contracted Ho using
Inspector is an impartial and neutral third party.
H. All disputes not resolved by program staff should be reported to Florida Housing
Finance Corporation for possible resolution before the move to arbitration. All
unsettled claims or disputes between the homeowner and the contractor arising
out of related to the work shall be submitted to arbitration under the laws
governed by the State of Florida. Notice of the demand for arbitration shall be filed
in writing with the other party to this agreement, and shall be made within a
reasonable time after a dispute has arisen.
X. Project Closeout. Once project checklist is completed, final inspections are conducted
by the Building Department and the City’s housing inspector, the final draw request will be
reviewed.
A. The contractor must provide all warranties, the Contractor’s Final Payment
Affidavit and final unconditional releases of lien from all contractors,
subcontractors and suppliers before the payment is processed. Any and all
extended warranties beyond one year shall be provided to the homeowner at the
completion of the contract.
B. If the contractor fails to respond to and remedy a warranty issue, they will be
disqualified from the program for one year and must reimburse the Department
for any work contracted to and correct the warranted work.
C. If the contractor fails to reimburse the City for work covered under the
Contractor’s warranty, the contractor will be permanently removed from the
6 | Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program
Active Contractor List and will be reported to the Florida Department of Business
and Professional Regulation.
D. The project must meet property standards, as discussed in the pre-bid meeting and
in the contract. Final payment will include release of retainage.
XI. Vendor Performance. If, at any time during the project, the HCS finds that a
contractor fails to meet his/her obligations with the homeowner and/or the City, and
does not remedy the situation as stipulated by the HCS, the contractor will be removed
from the list and will be unable to participate in the City’s Housing Rehabilitation
Program, until resolution of any issue that caused the removal .
A. HCS staff will conduct an evaluation at the conclusion of each project which shall
be retained in the contractor’s records. Prior to each award of a project, the
following shall be considered. there shall be considered the following:
(1) The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified,
without delay or interference.
(3) The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and
ordinances relating to the contract.
MASTER TERMS AND CONDITIONS FOR ALL STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM (SHIP) PROGRAM PROJECTS
ARTICLE 1. DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS.
1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions
used in the Contract Documents. Additional terms may be defined in other Contract
Documents. The following terms shall have the meanings specified herein, as follows:
“Applicable Laws” means all laws, codes (including, but not limited to, building codes),
ordinances, rules regulations, lawful orders and decrees of governmental authorities having
jurisdiction over the Project, Project Site, or the Parties.
“Application for Payment” means the detailed itemized documentation, including all
supporting documentation, in a form and substance satisfactory to the City, submitted by the
Contractor on a monthly basis, or as otherwise agreed to in writing, in order to obtain the City’s
approval for payment for Work performed pursuant to the Contract Documents.
“Bid” means the offer, quote or proposal submitted by a bidder in response to the a request by
the City. The terms “Bid” and “Bid Submittal” are used interchangeably.
“Bidder” means any individual or firm submitting a Bid for a Project.
“Change Order” means a written document ordering a change in the Contract Price and/or
Contract Time or a material change in the Work (as defined herein). A Change Order must
comply with the requirements of the Contract Documents.
“Inspector/Field Observer” means a City employee charged with observing and documenting,
for internal City purposes only, general observations and conditions of the Project including,
without limitation, the weather conditions, the number of workers present at the time of
observation, general type of work being performed and taking photographs regarding same.
Contractor expressly waives any right to assert as a defense to any claim regarding the Project
including, without limitation, any dispute between the City and Contractor, and Contractor and
any third party, the presence or purported approval or consent of any Inspector or other City
employee conducting any field observations during the Project. The Contractor expressly
acknowledges that the purpose of such City employee is to observe and document for internal
purposes only general observations and conditions of the Project, and in no way is intended to,
nor shall be treated as, a person with authority to approve or reject the Work on behalf of the City
or any other entity, or to direct the Contractor’s Work in any way. Contractor expressly agrees to
waive the presence of such Inspector or other City employee performing field observations as a
defense to any Claims involving the Project.
“City” means the City of Miami Beach, a Florida municipal corporation, having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. In all respects
hereunder, City’s obligations and performance is pursuant to City’s position as the owner of the
Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a
governmental body including, but not limited to, its regulatory authority for code inspections and
issuance of Building Department permits, Public Works Department permits, or other applicable
permits within its jurisdiction, the exercise of such regulatory authority and the enforcement of
any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City’s
regulatory authority as a governmental body and shall not be attributable in any manner to City
as a Party to this Contract.
“City Commission” means the governing and legislative body of the City.
“City Manager” means the Chief Administrative Officer of the City. The City Manager shall be
construed to include the Contract Administrator and any duly authorized representatives of the
City as the City Manager may designate in writing at any time with respect to any specific
matter(s) concerning the Project and/or the Contract Documents (exclusive of those
authorizations reserved to the City Commission or regulatory or administrative bodies having
jurisdiction over any matter(s) related to the Project and/or the Contract Documents).
“Claim” means a demand or assertion by one of the parties seeking, as a matter of right,
adjustment or interpretation of the Contract Documents, payment of money, extension of time or
other relief with respect to the Contract Documents or Project. The term “Claim” also includes
other disputes and matters in question between the City and Contractor arising out of or relating
to the Contract Documents. Claims must be initiated by written notice in strict accordance with
the Contract Documents. The responsibility for substantiating Claims shall rest with the Party
making the Claim. All Claims submitted by Contractor must comply with the requirements of the
City’s False Claims Ordinance, as set forth in Sections 70-300 et seq., of the City Code, or shall
be forfeited in accordance with the terms of the False Claims Ordinance and conclusively
waived and released.
“Consultant” means the firm selected by the City to perform architectural, engineering, or other
design and construction administration services for the Project, and who will serve as the
"architect of record" and/or "engineer of record" for the Project. Wherever the word "Architect" or
“Engineer” or “Consultant” appears in the Contract Documents, it shall be deemed to refer to the
Consultant and/or the design professionals engaged by the Consultant. All communications,
directives, instructions, interpretations and actions required of Consultant shall be issued or
taken only by or through Consultant's authorized representative(s).
“Contract” means the written agreement between the City and the Contractor for the
performance of the Work in accordance with the requirements of the Contract Documents, and
for the payment of the agreed consideration.
“Contract Administrator” means the City's Contract Administrator shall mean the individual
appointed by the City Manager who shall be the City's authorized representative to coordinate,
direct, and review on behalf of the City, all matters related to the Project. The initial Contract
Administrator for the Project is named in the Invitation to Bid Summary.
“Contract Documents” means all of the documents setting forth bidding information,
requirements and contractual obligations for the Project, including this ITB or request for quote,
Contractor’s Bid in response thereto, the Contract, the Task Order, and the Plans and
Specifications, together with all addenda to any of the foregoing, Change Orders, Work Orders,
Field Orders, schedules and shop drawings, and all other documents required by the ITB or
request for quote for the completion of the Project.
“Contract Price” means the amount established in the Contract Documents as the total amount
the City is obligated to pay for full and complete performance of all of the Work required by the
Contract Documents (including, but not limited to, all labor, equipment and materials to
administer, coordinate, provide related certifications, install and otherwise construct and
complete the Project within the Contract Time), and as may be amended by Change Order.
“Contract Time” means the number of days allowed for completion of all Work, as stipulated in
the Contract Documents, and as may be amended by Change Order.
“Contractor” means the individual or firm whose Bid is accepted and who enters into the
Contract with the City to construct the Project pursuant to the Contract Documents and who is
liable for the acceptable performance of the Work and payment of all debts pertaining to the
Work.
“Days” means all references to numbers of days in the Contract Documents, shall be construed
to mean calendar days, unless specifically noted otherwise. The term "business days" means a
day other than a Saturday, Sunday, Federal holiday or any day on which the principal
commercial banks located in Miami-Dade County, Florida are not open for business during
normal hours.
“Field Order” or “Field Directive” means a written order which further describes details or
provides interpretations necessary to complete the Work of the Contract Documents but which
does not involve a change in the Contract Price or Contract Time.
“Final Completion” means the date upon which all conditions and requirements of the Contract
Documents, permits and regulatory agencies have been satisfied; any documents required by
the Contract Documents have been received by the City; any other documents required to be
provided have been received by City; and the Work has been fully completed in accordance
with the Contract Documents.
“Master Terms and Conditions” means this document that sets forth the terms and conditions
for all work and task orders issued pursuant to the City’s State Housing Initiatives Partnership
Program (SHIP) Program. Contractor agrees that no other terms or conditions shall apply to any
work or task order unless previously approved by the City.
“Notice(s) to Proceed” or “NTP” means a written letter or directive issued by the Contract
Administrator to Contractor to commence and proceed with portions of the Work as specified
therein or a specific task of the Project, and stating any further limitations on the extent to which
Contractor may commence and proceed with the Work. Unless otherwise approved by the City
at its sole discretion, City’s issuance of a Notice to Proceed for construction or portions thereof
shall be contingent upon Contractor obtaining all appropriate permits and satisfying all
requirements of agencies having jurisdiction. However, the City is not obligated to immediately
issue NTP on the date Contractor obtains all requisite permits and/or satisfies the specified
conditions precedent for issuance of NTP. The date of issuance of NTP shall be determined at
the City’s sole discretion once Contractor has obtained all required permits and otherwise
satisfied all conditions precedent to issuance of NTP.
“Owner’s Contingency” means that separate fund which is available for City’s use at its sole
discretion to defray additional expenses relative to the design and construction of the Project, as
well as additional expenses expressly chargeable to the City or otherwise deemed the
responsibility of the City pursuant to the Contract Documents. The City retains exclusive use
and control of the Owner’s Contingency. The Contractor has no right or entitlement whatsoever
to the Owner’s Contingency and use of such funds are subject to the Contract Administrator’s or
City Manager’s prior written approval and issuance of a Change Order by the City at its sole and
absolute discretion. Any unused City Contingency remaining at the completion of the Project
shall accrue solely to the City.
“Parties” means City and Contractor, and “Party” is a reference to either City or Contractor, as
the context may indicate or require.
“Plans” means the drawings or reproductions thereof prepared by the Consultant, which show
the location, character, dimensions and details of the Work to be done, and which are a part of
the Contract Documents.
“Project” means the improvements described in the Contract Documents and all Work that is
contemplated thereby or reasonably inferable therefrom.
“Project Initiation Date” means the date upon which the Contract Time commences.
“Punch List” means the list or lists prepared by Contractor, incorporating input provided by the
City or Consultant, identifying matters that remain to be completed to achieve Substantial
Completion and to be completed between achievement of Substantial Completion and Final
Completion in order that Final Completion can be declared by City to have occurred.
“Purchase Order” means the written document issued by the City to the Contractor indicating
types, quantities, and/or agreed prices for products or services to be provided to the City.
“Responsible Bidder” means an offeror who has the capability in all respects to perform fully
the contract requirements, and the integrity and reliability which will assure good faith
performance, including, without limitation, the factors identified in Section 2-369 of the City
Code.
“Responsive Bidder” means a person or entity who has submitted a bid which conforms in all
material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted
on the required forms, which contain all required information, signatures, notarizations,
insurance, bonding, security, or other mandated requirements by the bid documents to be
submitted at the time of bid opening.
“Schedule of Values” means a written sch edule setting forth the detailed and itemized cost
breakdown, inclusive of labor, material, and taxes of all elements comprising the Contract
Price.
“Specifications” means the general term comprising all of the written directions, provisions and
requirements contained in the Contract Documents, as amended, describing the work required
to be performed, including detailed technical requirements as to labor, materials, supplies,
equipment and standards to which such work is to be performed.
“Subcontractor” means any person or entity supplying the Contractor with labor, materials,
supplies or equipment used directly or indirectly by the Contractor in the prosecution of the
Work.
“Substantial Completion” means the date when the Work, as certified in writing by the
Consultant, and determined by the City in its sole discretion, has been developed, designed,
engineered and constructed in accordance with the Contract Documents such that all conditions
of permits and regulatory agencies have been satisfied and the Project is ready for occupancy,
utilization and continuous commercial operation for the uses and purposes intended by the City,
without material interference from incomplete or improperly completed Work and with only minor
punch list items remaining to be completed, all as reasonably determined by the City and
evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the
authority having jurisdiction; (2) the issuance of a Certificate of Substantial Completion by the
Consultant; and (3) acceptance of such Certificate of Substantial Completion by the City
pursuant to the Contract Documents.
“Surety” means the surety company or individual which is bound by the bid bond, or by the
performance bond or payment bond with and for Contractor who is primarily liable, and which
surety company or individual is responsible for Contractor's satisfactory performance of the work
under the contract and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
“Task Order” means an authorization or specific project awarded to a Contractor under the
State Housing Initiatives Partnership Program (SHIP) Program. Task Orders are invalid unless
an Owner-Contractor Agreement has been executed. When authorized by the City, a purchase
order for a specific may represent a Task Order. The Contractor’s commencement of work on
any task order or purchase order shall indicate its full acceptance of the work requirements and
pricing for the project.
“Work” means all construction and services required by or reasonably inferable from the
Contract Documents for the completion of the Project, including the provision of all labor,
materials, equipment, supplies, tools, machinery, utilities, procurement, fabrication,
transportation, construction, erection, demolition, installation, insurance, bonds, permits and
conditions thereof, building code changes and governmental approvals, testing and inspection
services, quality assurance and/or quality control inspections and related certifications, training,
surveys, studies, supervision, and administration services to be provided by the Contractor, and
other items, work and services that are necessary or appropriate for the total construction,
installation, furnishing, equipping, and functioning of the completed Project, together with all
additional, collateral and incidental items, work and services required to achieve Final
Completion in accordance with the Contract Documents.
1.2. Interpretation of the Contract Documents.
1.2.1. As used in the Contract Documents, (i) the singular shall include the plural, and the
masculine shall include the feminine and neutral, as the context requires; (ii) “includes” or
“including” shall mean “including, but not limited to” and “including, without limitation;” and (iii) all
definitions of agreements shall include all amendments thereto in effect from time to time.
1.2.2. Whenever it shall be provided in the Contract Documents that the Contractor is required
to perform a service or obligation "at its sole cost and expense" or words of substantially similar
meaning, the Contractor shall not be entitled to reimbursement for such item and the cost of
such service or obligation shall not be included in any Application for Payment.
1.2.3. Contract Documents shall be construed in a harmonious manner, whenever possible.
The general intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Project by the Contractor.
1.2.4. The Contract Documents shall be taken as a whole and are complementary, and any
item of Work called for in any Contract Document shall be as binding as if called for by all, so
that any part of the Work shown or described in any of the Contract Documents, though not
specifically referred to in other Contract Documents, shall be executed by Contractor and
binding as a part of the Contract Documents, as well as any Work which, in the sole opinion of
City, may be fairly inferred from the Contract Documents or by normal industry practice.
1.2.5. Detailed plans shall take precedence over general plans for the same part of the Work.
Specifications and detailed plans which may be prepared or approved by City after the
execution of the Contract and which may be fairly inferred from the original specifications and
plans are to be deemed a part of such specifications and plans, and that portion of the Work
shown thereby shall be performed without any change in the Contract Price or Project
Schedule. With respect to conflicts between large-scale drawings and small-scale drawings, the
larger scale drawing shall govern, unless otherwise dictated by Consultant.
1.2.6. Where compliance with two or more requirements is indicated in any of the enumerated
Contract Documents and where these requirements within the Contract Documents conflict in
quantity or quality, the Contractor shall comply with the most stringent requirement as determined
by the City, unless specifically indicated otherwise in the Contract Documents.
1.2.7. As used in the Contract Documents, unless specifically indicated otherwise, references
to an Article include all Sections, Subsections, and items within that Article; references to a
Section include all Subsections and items within that Section; and references to a Subsection
include all items within that Subsection.
1.2.8. Words which have a well-known technical or trade meaning are used herein in
accordance with such recognized or well-known meaning, unless the Contract Documents
otherwise specifically define such word.
1.2.9. The Recitals, Appendices, Exhibits and Schedules attached hereto are expressly
incorporated in and made a part of the Contract Documents as if fully set forth herein.
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ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT DOCUMENTS.
2.1. Intention of City. It is the intent of City to describe in the Contract Documents a
functionally complete Project (or part thereof) to be constructed in accordance with the Contract
Documents and in accordance with all codes and regulations governing construction of the
Project. Any work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied by Contractor
whether or not specifically called for. City shall have no duties other than those duties and
obligations expressly set forth within the Contract Documents. All work requires the issuance of
a project specific Task Order.
2.2. Priority of Contract Documents. In the event of conflict or inconsistency among the
Contract Documents, the following order of precedence shall govern the interpretation of the
Contract Documents:
a. Change Orders or Amendments to this Contract and Task Order (excluding the
Plans and Specifications);
b. The Contract Documents and Task Order (excluding the Plans and Specifications);
c. Modifications or changes to the completed Plans and Specifications, as approved by
the City;
d. The completed Plans and Specifications, as approved by the City; and
e. The ITB or request for quote.
In the event of any conflict between the General Terms and Conditions set forth in this Section
0400 of the ITB or request for quote (as may be amended by Change Order), and the
Specifications, the provisions of the General Terms and Conditions, as amended, shall take
precedence and control.
2.3. Contractor shall be furnished three (3) copies, free of charge, of the Contract
Documents; two of which shall be preserved and always kept accessible to Consultant and
Consultant's authorized representatives. Additional copies of the Contract Documents may be
obtained from City at the cost of reproduction.
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ARTICLE 3. CONTRACTOR’S DUTIES AND RESPONSIBILITIES.
3.1. Performance of the Work. The Contractor covenants and warrants that it shall be
responsible for performing and completing, and for causing all Subcontractors to perform and
complete, the Work in accordance with the Contract Documents and all Applicable Laws relating
to the Project. Accordingly, Contractor shall Contractor furnish all the labor, materials,
equipment services and incidentals necessary to perform all of the Work described in the
Contract Documents, and all Work that is contemplated thereby or reasonably inferable
therefrom.
3.2. Standard of Care. The Work shall be performed in accordance with the professional
standards applicable to projects, buildings, or work of complexity, quality and scope
comparable to the Work and the Project. More specifically, in the performance of the
professional services under this Contract, Contractor shall provide the care and skill ordinarily
used by members of its profession practicing under similar conditions for projects of similar
type, size and complexity at the same time and locality of the Project. Work shall be
performed by the Contractor, Subcontractors, and specific personnel referred to in the in the
Contract Documents in accordance with their respective degrees of participation provided and
represented to the City by the Contractor from time to time. The Contractor may add a
Subcontractor as it deems necessary or appropriate in order to carry out its obligations under
the Contract Documents, provided such entity shall be suitably qualified and shall be subject
to the prior approval of the City. Nothing contained in the Contract Documents shall be
construed to create any obligation or contractual liability running from the City to any such
persons or entities, including to any Subcontractors.
3.3. Warranty. Contractor warrants to City that all materials and equipment furnished under
this Contract will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents. All work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. If required by Consultant, Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not
limited by any other provision of the Contract Documents.
3.4. Personnel Requirements.
3.4.1. The orders of City are to be given through Consultant or the Contract Administrator,
which instructions are to be strictly and promptly followed in every case. Contractor shall keep
on the Project during its progress, a full-time competent English speaking superintendent and
any necessary assistants, all satisfactory to Consultant. The superintendent shall not be
changed except with the written consent of Consultant, unless the superintendent proves to be
unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent
Contractor and all directions given to the superintendent shall be as binding as if given to
Contractor and will be confirmed in writing by Consultant upon the written request of Contractor.
Contractor shall give efficient supervision to the Work, using its best skill and attention.
3.4.2. The construction superintendent shall be responsible for management of the Project Site
and tasks, including, but not limited to, organization and coordination of the W ork of
Subcontractor employees; exercising control over rate of construction progress to assure
completion of the Project within the Project Schedule; inspecting or observing the Work to
enforce conformity to the Contract Documents and supervising trades, subcontractors,
clerical staff, and other personnel employed in the construction of the Project. On a daily basis,
Contractor's superintendent shall record, at a minimum, the following information in a bound log:
the day; date; weather conditions and how any weather condition affected progress of the Work;
time of commencement of work for the day; the work being performed; materials, labor,
personnel, equipment and subcontractors at the Project Site; visitors to the Project Site,
including representatives of Consultant; regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of work for the day. All
information shall be recorded in the daily log in ink. The daily log shall be kept on the Project
Site and shall be available at all times for inspection and copying by City and Consultant.
3.4.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as
determined by the Contract Administrator, during the course of the Work to review and agree
upon the work performed to date and to establish the controlling items of work for the next two
weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of
each such meeting.
3.4.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the
Contract Documents and the physical conditions of the locality, or any errors, omissions, or
discrepancies in the Contract Documents, it shall be Contractor’s duty to immediately inform
Consultant, in writing, and Consultant will promptly review the same. Any work done after such
discovery, until authorized, will be done at Contractor’s sole risk.
3.4.5. Contractor shall supervise and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform
the Work in accordance with the Contract Documents. Contractor shall be solely responsible for
the means, methods, techniques, sequences and procedures of construction.
3.4.6. The Project Manager must have at least two (2) years of experience in projects of similar
design, scope, size and complexity.
3.4.7. The Contractor shall be responsible for conducting background checks on all employees
of the contractor and subcontractor. Contractor agrees to indemnify the City for any negligence
or criminal act perpetrated by its employees or subcontractor employees.
3.5. Subcontracts.
3.5.1. Contractor shall not employ any subcontractor against whom City or Consultant may
have a reasonable objection. Contractor shall not be required to employ any subcontractor
against whom Contractor has a reasonable objection.
3.5.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and
of persons directly or indirectly employed by its subcontractors and of persons for whose acts
any of them may be liable to the same extent that Contractor is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract Documents shall create
any contractual relationship between any subcontractor and City or any obligation on the part of
City to pay or to see the payment of any monies due any subcontractor. City or Consultant may
furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work
performed.
3.5.3. Contractor agrees to bind specifically every subcontractor to the terms and conditions of
the Contract Documents for the benefit of City. All of the Contractor’s agreements with the
Subcontractors shall contain the following provisions (or shall incorporate the following
provisions by reference) and shall state:
a. that the Subcontractor irrevocably submits itself to the original and exclusive
jurisdiction and venue in Miami-Dade County, Florida, with regard to any controversy in any way
relating to the award, execution or performance of the Contract Documents and/or such
Subcontractor's agreement, and whereby the Subcontractor agrees that service of process on it
may be made to the person or entity designated in the Subcontract;
b. that the City shall not be in privity of contract with the Subcontractor and shall not
be liable to any Subcontractor under the Contract Documents or any such subcontract, except
for the payments of amounts due to the Subcontractor under its subcontract in the event that the
City exercises its rights under any assignment of the subcontract and requests or directs the
Subcontractor to perform the portion of the Work covered by its subcontract;
c. that the City is a third-party beneficiary of the Subcontract, entitled to enforce any
rights thereunder for their respective benefits, and that, subject to the terms of the applicable
Subcontract, the City shall have the same rights and remedies vis-à-vis such Subcontractors
that Contractor shall have, including the right to be compensated for any loss, expense or
damage of any nature whatsoever incurred by the City resulting from any breach of such
Subcontract by Subcontractor, any breach of representations and warranties, if any, implied or
expressed, arising out of such agreements and any error, omission or negligence of such
Subcontractor in the performance of any of its obligations under such Subcontract;
d. that the Subcontractor shall indemnify and hold harmless the City, its officers,
agents, directors, and employees, and instrumentalities to the fullest extent permitted by Section
725.06 of the Florida Statutes;
e. that such subcontract shall be terminable for default or convenience upon ten
(10) days prior written notice by Contractor, or, if the Subcontract has been assigned to the City,
by the City or its designee;
f. that Subcontractor shall promptly notify the City (with a copy to Contractor) of any
default of Contractor under the Subcontract, whether as to payment or otherwise;
g. that Contractor and Subcontractor acknowledge that (i) they are each entering
into a contract for the construction of a public facility or public works project as contemplated in
Chapter 255, Florida Statutes, and (ii) each have no right to file a construction lien against the
Work or the Project, and further agree to include a similar requirement in any purchase order or
subcontract entered into by Subcontractor; and (iii) the payment bond provided by Contractor
pursuant to this Agreement is a substitute for the right to claim a lien on the Project, and that
any claims for nonpayment shall be made against the bond in accordance with Section 255.05,
Florida Statutes.
h. that Subcontractor shall comply with all Applicable Laws (including prompt
payment) and the City requirements as set forth in the Contract Documents and maintain all
files, records, accounts of expenditures for Subcontractor's portion of the Work to the standards
set forth in the Contract Documents.
i. that the City may, at reasonable times, contact Subcontractor, after notice to
Contractor, to discuss, or obtain a written report of, Subcontractor's services, with Contractor
entitled to be present during any such discussions; provided that in no event, prior to any
assignment of the Subcontract to the City, shall Subcontractor take instructions directly from the
City;
j. that Subcontractor promptly disclose to the City and Contractor any defect,
omission, error or deficiency in the Contract Documents or the Work about which it has
knowledge no later than ten (10) days following discovery of such defect, omission, error or
deficiency;
k. that Subcontractor assign all warranties directly to the City,
l. that the Contract Documents provide a limitation of remedies and NO DAMAGES
FOR DELAY as delineated in Article 10 hereof;
m. that in the event of a change in the Work the Subcontractor's Claim for
adjustments in the subcontract price shall be limited exclusively to its actual costs for such
changes, plus no more than the overhead and profit fees/markups and bond costs to be
established as part of the GMP Amendment.
n. Each subcontract shall require the Subcontractor to expressly agree that the
foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and
thus eliminate any other remedies for claim for increase in the subcontract price, damages,
losses or additional compensation.
o. Each subcontract shall require that any claims by Subcontractor for delay or
additional cost must be submitted to Contractor within the time and in the manner in which the
Contractor must submit Claims to the City, and that failure to comply with the conditions for
giving notice and submitting claims shall result in the waiver of such claims in the same manner
as provided for in the Contract Documents.
3.6. Plans and Working Drawings.
3.6.1. Contractor to Check Plans, Specifications and Data. Contractor shall verify all
dimensions, quantities and details shown on the plans, specifications or other data received
from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found
therein within three (3) calendar days of discovery. Contractor will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be furnished by
Consultant. Contractor shall not be liable for damages resulting from errors, omissions or
discrepancies in the Contract Documents unless Contractor recognized such error, omission or
discrepancy and knowingly failed to report it to Consultant.
3.6.2. Supplementary Drawings. When, in the opinion of Consultant, it becomes necessary to
explain the Work to be done more fully, or to illustrate the Work further, or to show any changes
which may be required, supplementary drawings, with specifications pertaining thereto, will be
prepared by Consultant. The supplementary drawings shall be binding upon Contractor with the
same force as the Contract Documents. Where such supplementary drawings require either
less or more than the original quantities of work, appropriate adjustments shall be made by
Change Order.
3.6.3. City, through Consultant, shall have the right to modify the details of the Plans and
Specifications, and to supplement the Plans and Specifications with additional plans, drawings
or additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of the
Contract Documents, the written portion shall govern
3.6.4. Shop Drawings.
3.6.4.1. Contractor shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency,
technique of manufacture, installation requirements, details of the item and evidence of its
compliance or noncompliance with the Contract Documents.
3.6.4.2. Within ten (10) calendar days after the Project Initiation Date specified in the
Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on
items for which Shop Drawings are to be submitted and shall identify the critical items. Approval
of this list by Consultant shall in no way relieve Contractor from submitting complete Shop
Drawings and providing materials, equipment, etc., fully in accordance with the Contract
Documents. This procedure is required in order to expedite final approval of Shop Drawings.
3.6.4.3. After the approval of the list of items required herein, Contractor shall promptly
request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor
shall include all shop drawings and other submittals in its certification.
3.6.4.4. Contractor shall thoroughly review and check the Shop Drawings and each
and every copy shall show this approval thereon.
3.6.4.5. If the Shop Drawings show or indicate departures from the Contract
requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure
to point out such departures shall not relieve Contractor from its responsibility to comply with the
Contract Documents.
3.6.4.6. Consultant shall review and approve Shop Drawings within seven (7) calendar
days from the date received, unless said Drawings are rejected by Consultant for material
reasons. Consultant's approval of Shop Drawings will be general and shall not relieve
Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and
construction of the work, nor for the furnishing of materials or work required by the Contract
Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by Consultant. Approval shall not relieve
Contractor from responsibility for errors or omissions of any sort on the Shop Drawings.
3.6.4.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to properly evaluate the design.
It is Contractor’s responsibility to assemble the Shop Drawings for all such interconnecting
and/or interdependent items, check them and then make one submittal to Consultant along with
its comments as to compliance, noncompliance, or features requiring special attention.
3.6.4.8. If catalog sheets or prints of manufacturers' standard drawings are submitted
as Shop Drawings, any additional information or changes on such drawings shall be typewritten
or lettered in ink.
3.6.4.9. Contractor shall submit the number of copies required by Consultant.
Resubmissions of Shop Drawings shall be made in the same quantity until final approval is
obtained.
3.6.4.10. Contractor shall keep one set of Shop Drawings marked with Consultant's
approval at the job site at all times.
3.6.5. Field Layout of the Work and Record Drawings.
3.6.5.1. The entire responsibility for establishing and maintaining line and grade in the
field lies with Contractor. Contractor shall maintain an accurate and precise record of the
location and elevation of all pipe lines, conduits, structures, maintenance access structures,
handholes, fittings and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. Contractor shall deliver these records in good
order to Consultant as the Work is completed. The cost of all such field layout and recording
work is included in the prices bid for the appropriate items. All record drawings shall be made
on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final
payment.
3.6.5.2. Contractor shall maintain in a safe place at the Project Site one record copy of
all Drawings, Plans, Specifications, addenda, written amendments, Change Orders, Field
Orders and written interpretations and clarifications in good order and annotated to show all
changes made during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be available at all times to
Consultant for reference. Upon Final Completion of the Project and prior to Final Payment,
these record documents, samples and Shop Drawings shall be delivered to the Contract
Administrator.
3.6.5.3. Prior to, and as a condition precedent to Final Payment, Contractor shall
submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant.
3.6.6. City’s Participation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE
AND/OR PERFORM IN ANY WAY THE CONTRACTOR’S OBLIGATIONS UNDER THE
AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY’S PARTICIPATION,
FACILITATION AND/OR ASSISTANCE TO THE CONTRACTOR SHALL BE AT ITS SOLE
DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR
CONSTITUTE AN ASSUMPTION BY THE CITY OF CONTRACTOR’S OBLIGATIONS, A
WAIVER OF CONTRACTOR’S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY
CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE
PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR’S OBLIGATIONS
SHALL NOT PRECLUDE THE CITY FROM DECLARING CONTRACTOR IN DEFAULT FOR
CONTRACTOR’S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN
ANY WAY, THE CITY’S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE
CONTRACTOR EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR
ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF
A SIMILAR NATURE, THE CITY’S PARTICIPATION, ASSISTANCE AND/OR FACILITATION
IN THE PERFORMANCE OF CONTRACTOR’S OBLIGATIONS. INCLUDING, WITHOUT
LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH
UTILITIES, OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY
CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS
AGREEMENT OR OTHER CONTRACT DOCUMENTS, THIS SECTION SHALL GOVERN.
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ARTICLE 4. CONTRACT PRICE.
4.1. If the ITB or request for quote or any other Contract Documents contemplate unit
pricing for the Project or any portion thereof, City shall pay to Contractor the amounts
determined for the total number of each of the units of work completed at the unit price stated in
the schedule of prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or made
necessary by the Work covered by the Contract Documents. Payment shall be made at the unit
prices applicable to each integral part of the Work. These prices shall be full compensation for
all costs, including overhead and profit, associated with completion of all the Work in full
conformity with the requirements as stated or shown, or both, in the Contract Documents. The
cost of any item of work not covered by a definite Contract unit price shall be included in the
Contract unit price or lump sum price to which the item is most applicable.
4.2. If the or any other Contract Documents contemplate lump sum pricing for the Project, the
Contract Price shall be the amount specified in the Contract, consisting of a base bid, and a
separate line item for the Owner’s Contingency (to be used solely by the City at its sole
discretion for the purposes described in the Contract Documents). The Contract Price,
exclusive of the Owner’s Contingency, shall be full compensation for all labor, materials,
equipment, costs, and expenses, including overhead and profit, associated with completion of
all the Work accordance with the requirements of the Contract Documents, including all Work
reasonably inferable therefrom, even if such item of Work is not specifically or expressly
identified as part of a line item in the ITB or request for quote Price Form.
4.3. To the extent the Project includes both unit prices and a lump sum price, then all
sections of this Article 4 shall apply to the item of Work in question, as applicable.
ARTICLE 5. APPLICATION FOR PAYMENT.
5.1. Contractor may make Application for Payment for work completed during the Project at
intervals of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount due, together
with such supporting evidence as may be required by Consultant. Contractor shall include, but
same shall be limited to, at Consultant's discretion, with each Application for Payment, an
updated progress schedule acceptable to Consultant as required by the Contract Documents
and a release of liens and consent of surety relative to the work which is the subject of the
Application. Following submission of an acceptable updated progress schedule and the other
documents required herein a log with the Application for Payment, City shall make payment to
Contractor after approval by Consultant of an Application for Payment, less retainage as herein
provided for and/or withholding of any other amounts pursuant to the Contract Documents,
within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes.
5.2. The City may withhold from each progress payment made to Contractor retainage in the
amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has
been completed. The Work shall be considered 50% complete at the point at which the City has
expended 50% of the approved Cost of the Work together with all costs associated with existing
change orders or other additions or modifications to the construction services provided for in the
Contract Documents.
Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage
withheld from each subsequent progress payment made to the Contractor, until Substantial
Completion. Any reduction in retainage shall be in accordance with Section 255.078 of the
Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the
Contract Administrator, after considering any recommendation of Consultant with respect
thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except
as may be required herein or by Florida law. Any interest earned on retainage shall accrue to
the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone
document, separate from monthly applications for payment.
5.3. Notwithstanding any provision hereof to the contrary, the City may withhold payments to
the Contractor in the following circumstances:
a. correction or re-execution of Work which is defective or has not been performed in
accordance with the Contract Documents and which the Contractor has failed to correct in
accordance with the terms of the Contract Documents;
b. past due payments owed to Subcontractors for which City has not been provided
an appropriate release of lien/claim (whether or not the Work in question is the subject of any
dispute);
c. the City's remedies arising from any failure to perform the Contract Documents’
requirements or uncured Default of this Contract by the Contractor;
d. damage to another contractor or third-party (including, without limitation, the
property of any resident or business in the area surrounding the Project Site) which has not
been remedied or, damage to City property which has not been remedied;
e. liquidated damages;
f. failure of Contractor to provide any and all material documents required by the
Contract Documents including, without limitation, the failure to maintain as-built drawings in a
current and acceptable state; and
g. pending or imminent Claims of the City or others including, without limitation,
Claims which are subject to Contractor's indemnity obligation under the Contract Documents,
for which the Contractor has not posted bonds or other additional security reasonably
satisfactory to the City.
Except as otherwise specifically provided in the Contract Documents, in no event shall any
interest be due and payable by the City to the Contractor or any other party on any of the
sums retained by the City pursuant to any of the terms or provisions of any of the Contract
Documents.
5.4. No acceptance. No progress payment made by the City to Contractor shall constitute
acceptance of any portion of the Work, any goods or materials provided under this Agreement
or any portion thereof. No partial or entire use or occupancy of the Project by the City shall
constitute an acceptance of any portion of the Work or the complete Project which is not in
accordance with the Contract Documents.
5.5. Final Bill of Materials. Contractor shall be required to submit to City and Consultant a
final bill of materials with unit costs for each bid item for supply of materials in place. This shall
be an itemized list of all materials with a unit cost for each material and the total shall agree with
unit costs established for each Contract item. A Final Certificate for Payment cannot be issued
by Consultant until Contractor submits the final bill of materials and Consultant verifies the
accuracy of the units of Work.
ARTICLE 6. PROJECT SCHEDULE AND CONTRACT TIME.
6.1. Time for Completion. Time is of the essence for any project assigned throughout this
Contract. Contractor shall perform the Work so as to achieve Substantial Completion within the
number of days specified for Substantial Completion in the Invitation to Bid Summary, and the
Project shall be completed and ready for final payment as set forth herein within the number of
days specified for Final Completion in the Invitation to Bid Summary, with such Final Completion
date calculated from the date certified by Consultant as the date of Substantial Completion.
6.2. Liquidated Damages.
6.2.1. Upon failure of Contractor to achieve Substantial Completion within the time period
specified in the Invitation to Bid Summary for Substantial Completion, as such date may be
extended pursuant to the terms of the Contract Documents, Contractor shall pay to City the sum
specified in the Invitation to Bid Summary for “Liquidated Damages” for each calendar day after
the time specified in the Invitation to Bid Summary for Substantial Completion, plus any
approved time extensions, for Substantial Completion.
6.2.2. After Substantial Completion is achieved, should Contractor fail to complete the
remaining Work within the time specified in the Invitation to Bid Summary for Final Completion,
plus approved time extensions thereof, Contractor shall pay to City the sum set forth in the
Invitation to Bid Summary as “Liquidated Damages” for each calendar day after the time
specified in the Invitation to Bid Summary for Final Completion, plus any approved extensions.
6.2.3. Contractor agrees that the Liquidated Damages set forth herein are not penalties and
have been set based on an evaluation by City of damages to City and the public caused by
untimely performance. Such damages may include loss of revenues to the City, and additional
costs of administering this Agreement, including Project staff, legal, accounting, consultants and
overhead and other administrative costs. Contractor acknowledges that the amounts
established for Liquidated Damages are fair and commercially reasonable. Contractor and
City have agreed to the Liquidated Damages in order to fix Contractor’s costs and to avoid later
disputes over which items are properly chargeable to Contractor as a consequence of
Contractor’s delays.
The above-stated liquidated damages shall apply separately to each portion of the Project for
which a time for completion is given. City is authorized to deduct liquidated damages from
monies due to Contractor for the Work under this Contract or as much thereof as City may, in its
sole discretion, deem just and reasonable. Liquidated Damages shall apply, whether or not the
City terminates Contractor for cause and whether or not Surety completes the Project after a
Default by Contractor.
Liquidated Damages shall apply solely to claims arising from delay in meeting any milestone for
which the right to assess Liquidated Damages is specified, including, without limitation,
Substantial Completion, and Final Completion, and shall be the City's sole remedy for delay,
and are not intended to, and do not, liquidate Contractor’s liability under any other provision of
the Contractor Documents for other events not specifically referenced in this Article 6.
Liquidated Damages shall not liquidate Contractor’s liability under the indemnification provisions
of this Agreement.
Contractor, in addition to reimbursing City for Liquidated Damages or other damages for
untimely performance as provided herein, shall reimburse City for all costs incurred by City to
repair, restore, or complete the Work, as may be provided by the Contract Documents,
including, without limitation, any additional design fees that may be due to the Consultant
related thereto. All such costs shall be deducted from the monies otherwise due Contractor for
performance of Work under this Agreement by means of unilateral credit or deductive Change
Orders issued by City.
In the event a court of competent jurisdiction determines that any Liquidated Damages amount
herein is unenforceable notwithstanding Contractor’s agreement herein that such amounts are
fair and reasonable, Contractor shall not be relieved of its obligations to the City for the actual
damages resulting from the failure to timely achieve Substantial Completion or Final Completion
in accordance with the requirements of the Contract Documents. Without limiting the foregoing,
City and Contractor covenant not to bring any action in a court of competent jurisdiction that
would ask the court to rule that the Liquidated Damages amounts are not fair and reasonable.
6.3. Substantial Completion. As a condition of Substantial Completion, all of the following
must occur:
6.3.1 All Work affecting the operability of the Project or safety has been completed in
accordance with the Contract Documents;
6.3.2 If applicable, all pre-commissioning activities, including alignment, balancing,
lubrication and first-fill, have been completed;
6.3.3 The Work may be operated within manufacturers’ recommended limits, in
compliance with Applicable Laws, and without damage to the Work or to the
Project;
6.3.4 Contractor has corrected all defects, deficiencies and/or discrepancies to the
entire Work as identified by the City or the Consultant, and the Consultant
confirms such corrections have been made in writing;
6.3.5 When Contractor believes it has achieved Substantial Completion, Contractor
shall request an inspection by the City and the Consultant, and shall provide the City with
evidence supporting its assessment of Substantial Completion, including any specific
documents or information requested by the City to assist in its evaluation thereof. Contractor
shall, prior to said inspection, develop its preliminary Punch List for input and comment by the
City and the Consultant. Once the preliminary Punch List is submitted to the City, the City and
its representatives shall then schedule a walk-through of the Project with Contractor and the
Consultant. Following the walk-through, Contractor shall develop and provide City with the list
of all remaining items of Work to be completed or corrected, and which incorporates items and
comments identified or provided by the City and Consultant comments and is certified for
completeness and accuracy by the Consultant (“Substantial Completion Punch List”), provided,
however, that failure to include any items on such Substantial Completion Punch List does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract
Documents; and
6.3.6 Any and all appurtenances, utilities, transportation arteries and any other items
required under the Contract Documents and necessary to serve that portion of the Work are
sufficiently completed, a temporary certificate of completion or Certificate of Occupancy, as
applicable, is issued for the Work for which a Certificate of Substantial Completion is being
sought and/or all conditions or requirements of authorities having jurisdiction are complied with,
to permit the City to utilize and occupy that portion for its intended use in accordance with the
Contract Documents without material interference from any incomplete or improperly completed
items of Work;
6.3.7 With respect to any Project for which a right-of-way permit is required from the
City of Miami Beach’s Public Works Department, in no event shall Substantial Completion occur
prior to the final lift of asphalt and acceptance thereof by the agencies having jurisdiction
(including, without limitation, the City’s Public Works Department).
6.4. Certificate of Substantial Completion. Any determination by the Consultant and the
Contractor of Substantial Completion shall not be binding on the City, and the ultimate
determination of Substantial Completion shall rest with the City and shall be evidenced by the
City's executing and returning to the Contractor its Certificate of Substantial Completion (or
Partial Substantial Completion, as applicable).
6.4.1 When the City, on the basis of an inspection, determines that the Work or designated
portion thereof is substantially complete, and when the Contractor has complied with all
other conditions precedent to Substantial Completion provided for in the other Contract
Documents, the City will then prepare a Certificate of Substantial Completion which shall
establish the Substantial Completion Date, shall state the responsibilities of Contractor, if
any, for security, maintenance, heat, utilities, damage to the Work, and insurance, and
shall fix the time within which the Contractor shall complete the items listed in the
Substantial Completion Punch List. If the City issues a Certificate of Substantial
Completion on the basis of partial completion of the Project, or upon the basis of a
partial or temporary certificate of occupancy or certificate of completion, as applicable,
City may include such additional conditions, as it deems appropriate to protect its
interests pending substantial completion of the entire Project or issuance of a permanent
certificate of occupancy or certificate of completion, as applicable.
6.4.2 The City shall not unreasonably withhold or condition acceptance and execution of a
Certificate of Substantial Completion (or a Notice of Partial Substantial Completion);
provided, however, the Project shall not be deemed Substantially Complete and the City
shall not execute a Certificate of Substantial Completion until all of the criteria for
achieving Substantial Completion as identified in the Contract Documents have been
satisfied, and (2) in the case of a portion of the Project, the conditions set forth this
Article 6relating to Partial Substantial Completion shall have been satisfied.
6.5. Partial Substantial Completion. Partial Substantial Completion of the Work shall occur
when the City determines that a portion of the Work, as defined in the Contract Documents
and/or otherwise by logical boundaries, is Substantially Complete in accordance with the
Contract Documents. The City may (but shall not be obligated to) agree that a portion or
component of the Work, acceptable to the City in its sole discretion, may be certified as
Substantially Complete provided that:
6.5.1 The requirements provided in this Article 6 for issuance of a Certificate of Substantial
Completion are complied with for the portion of the Work for which a Notice of Partial
Substantial Completion is being sought;
6.5.2 Such portion and any and all appurtenances, utilities, transportation arteries and any
other items required under the Contract Documents and necessary to serve that portion
of the Work are sufficiently completed, a temporary certificate of completion or
Certificate of Occupancy, as applicable, is issued for the portion of the Work for which a
Certificate of Partial Substantial Completion is being sought and/or all conditions or
requirements of authorities having jurisdiction are complied with, to permit the City to
utilize and occupy that portion for its intended use in accordance with the Contract
Documents without material interference from any incomplete or improperly completed
items of Work;
6.5.3 The City is fully able to use and occupy the portion of the Work for the purposes
intended and the Contractor separates the portion of the Work which is Substantially
Complete from non-complete areas of the Project in order to prevent noise, dust and
other construction disturbances which would materially interfere with the use of such
portion for its intended use in accordance with the Contract Documents and to assure
the safety of those entering, exiting and occupying the Substantially Completed portion
of the Work;
6.5.4 Partial Substantial Completion shall not constitute Final Completion of the Work or
Substantial Completion of the Project, nor shall it relieve the Contractor of any
responsibility for the correction of Work (whether or not included in portion of Work
Substantially Complete) or for the performance of Work not complete at the time of
Partial Substantial Completion; and
6.6. Beneficial Occupancy. Beneficial Occupancy shall occur when the City determines that
a portion of the Work may be occupied prior to Substantial Completion. City may take
Beneficial Occupancy in accordance with the provisions of the Contract Documents.
6.6.1 Prior to the anticipated date of Beneficial Occupancy, Contractor shall separate the
portion of the Work to be occupied from non-complete areas of the Project in order to
prevent noise, dust and other construction disturbances which would materially interfere
with the use of such portion for its intended use in accordance with the Contract
Documents and to assure the safety of those entering, exiting and occupying the
completed portion to be occupied.
6.6.2 Beneficial Occupancy shall not constitute Substantial Completion or Final Completion of
the Work, nor shall it relieve the Contractor of any responsibility for the correction of
Work (whether or not included in the portion of Work to be occupied) or for the
performance of Work not complete at the time of Beneficial Occupancy.
6.6.3 After Beneficial Occupancy and as conditions of Substantial Completion, the Contractor
shall deliver to the City complete as-built drawings, all approved Shop Drawings,
maintenance manuals, pamphlets, charts, parts lists and specified spare parts, operating
instructions and other necessary documents required for all installed materials,
equipment, or machinery, all applicable warranties and guarantees, and the appropriate
certificate of occupancy or certificate of completion that are related to the portion of the
Work being occupied.
6.6.4 Contractor's insurance on the unoccupied or unused portion or portions of the Project
Site shall not be canceled or lapsed on account of such Beneficial Occupancy.
6.6.5 Contractor shall be responsible to maintain all utility services to areas occupied by the
City until Final Completion.
6.7. Final Completion. Final Completion of the Project shall be deemed to have occurred if
all the following have occurred:
6.7.1 Substantial Completion of the entire Project has occurred;
6.7.2 The Work can be used and operated in accordance with Applicable Laws bearing on the
performance of the Work and applicable permits;
6.7.3 All spare parts, special tools and attic stock purchased by Contractor as part of Vendor
supplies shall have been delivered to City and clear of all Liens;
6.7.4 All items on the Substantial Completion Punch List shall have been completed by
Contractor to City’s satisfaction and all final inspections have been performed;
6.7.5 Contractor has satisfied the additional conditions prescribed by the City in conjunction
with a Certificate of Substantial Completion issued on the basis of partial completion of the
Project, or a partial or temporary Certificate of Occupancy or Certificate of Completion, as
applicable;
6.7.6 Contractor has delivered evidence to the City that all permits that are Contractor's
responsibilities as specified under the Contract Documents have been satisfied and closed, and
that a Certificate of Completion or Certificate of Occupancy (as applicable) has been issued by
the authority having jurisdiction, and the Project or designated portion thereof is sufficiently
complete in accordance with the Contract Documents and can be used for its intended purpose
for uninterrupted operation, including, without limitation, acceptance if completed as-builts, if
required by the agency having jurisdiction.
6.7.7 Contractor shall have provided to City final releases and complete and unconditional
waivers of liens for all Work performed by Contractor and each Subcontractor or Suppliers, and
a Consent of Surety to Final Payment;
6.7.8 Contractor shall have delivered to the City a certification identifying all outstanding
Claims (exclusive of any Liens or other such encumbrances which must have been discharged)
of Contractor (and of its Subcontractors, Suppliers and any other party against Contractor) with
written documentation reasonably sufficient to support and/or substantiate such Claims;
6.7.9 Contractor shall have delivered to the City a written assignment of all warranties or
guaranties which Contractor received from Subcontractors or Suppliers to the extent Contractor
is obligated to do so;
6.7.10 Contractor shall have delivered to City a complete set of as-built documents and Project
Records prepared in accordance with the Contract Documents;
6.7.11 Contractor has delivered to City all other submittals required by the Contract Documents,
including all installation instructions, operations and maintenance manuals or instructions for
equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by
Contractor and similar information;
6.7.12 All rubbish and debris have been removed from the Project Site; and
6.7.13 All Construction aids, equipment and materials have been removed from the Project
Site.
6.7.14 Contractor has delivered to the City all executed warranties and guarantees required by
the Contract Documents, all of which shall be in the name of the City and run to the benefit of
the City;
6.7.15 If applicable, certificates of insurance indicating that any insurance required of the
Contractor or Subcontractors by the Contract Documents shall remain in full force and effect for
the required period of time;
6.7.16 Any other documentation establishing payment or satisfaction of obligations, including
receipts, releases and final waivers of lien from the Contractor and all Subcontractors, to the
extent and in such form as may be reasonably required by the City;
6.7.17 Final Completion is a condition precedent to City’s final payment to Contractor and
issuance of the Final Certificate for Payment. Final payment shall be made only after the City
Manager or his designee has reviewed a written evaluation of the performance of Contractor
prepared by the Contract Administrator, and approved the final payment.
6.7.18 Waiver of Claims. The release by the City and acceptance of the final payment by
Contractor shall operate as and shall be a release to the City from all present and future
Claims or liabilities, of whatever kind or nature, arising under, relating to or in connection
with this Contract for anything done or furnished or relating to the Work or the Project, or
from any act or omission of the City relating to or connected with the Contract Documents,
the Work or the Project, except those Claims or liabilities, if any, for which the Contractor
has provided the City with written notice pursuant to and in strict compliance with the
“Claims” and notice requirements set forth in the Contract Documents, and containing a
detailed reservation of rights that identifies the precise nature of the dispute, all facts in
support of Contractor’s Claim, the particular scope of Work giving rise to the Claim, and the
maximum amount and/or time sought in connection with the Claim.
ARTICLE 7. INSPECTION OF WORK; CORRECTION OF NON-CONFORMING OR
DEFECTIVE WORK.
7.1. Consultant, City (and its authorized designees), and representatives of any regulatory
agencies having jurisdiction over the Project, shall at all times have access to the Work and the
Project Site, and Contractor shall provide proper facilities for such access and for inspecting,
measuring and testing. Whenever requested, Contractor shall give the City and any inspectors
or representatives appointed by the City free access to its Work during normal working hours
either at the Project Site or its shops, factories, or places of business of Contractor and its
Subcontractors and suppliers for properly inspecting materials, equipment and Work, and shall
furnish them with full information as to the progress of the Work in its various parts.
7.2. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any
public authority require any of the Work to be specially tested or approved, Contractor shall give
Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be
made by an authority other than City, timely notice shall be given of the date fixed for such
testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any
of the Work should be covered up without approval or consent of Consultant, it must, if required
by Consultant, be uncovered for examination and properly restored at Contractor’s expense.
7.3. Reexamination of any of the Work may be ordered by Consultant with prior written
approval by the Contract Administrator, and if so ordered, the Work must be uncovered by
Contractor. If such Work is found to be in accordance with the Contract Documents, City shall
pay the cost of reexamination and replacement by means of a Change Order. If such Work is
not in accordance with the Contract Documents, Contractor shall pay such cost.
7.4. Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials
and work with reasonable promptness without the written permission or instruction of
Consultant.
7.5. The payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is
strictly prohibited, and any such act on the part of Contractor will constitute a breach of this
Contract.
7.6. The Contractor shall coordinate all technical inspection and testing provided by
professionals designated by the City, the Consultant, permitting authorities, and others. The
Contractor shall also schedule the services of independent testing laboratories and provide the
necessary testing of materials to ensure conformance to the Contract Documents and provide a
copy of all inspection and testing reports to the City on the day of inspection or test. The
Contractor shall provide reasonable prior notice to appropriate inspectors before the Work is
covered up, but in no event less than 24 hours before the Work is covered up. All costs for
uncovering Work not inspected and any reconstruction due to lack of reasonable prior notice
shall be borne by Contractor at its sole cost and expense. Any time billed by inspectors for
inspection where the Work is not ready to be inspected shall be at Contractor’s sole cost and
expense. If any members of the Project team are to observe said inspections, tests or approvals
required by the Contract Documents, they shall be notified in writing by the Contractor of the
dates and times of the inspections, tests or other approvals. The Contractor shall schedule,
direct and/or review the services of or the reports and/or findings of surveyors, environmental
consultants and testing and inspection agents engaged by the City. All Materials and Equipment
furnished by Contractor and Work performed by Contractor shall at all times be subject to
inspection and testing by City or inspectors or representatives appointed by City. If any of the
Work should be covered up without approval or consent of City's Project Coordinator, or without
necessary test and inspection, Contractor shall, if required by City's Project Coordinator or by
public authorities, uncover such Work for examination and testing, and shall re-cover same at
Contractor's expense.
7.7. Defective or Non-Conforming Work.
7.7.1. Consultant shall have the authority to reject or disapprove work which Consultant finds
to be defective. If required by Consultant, Contractor shall promptly either correct all defective
work or remove such defective work and replace it with non-defective work. Contractor shall
bear all direct, indirect and consequential costs of such removal or corrections including cost of
testing laboratories and personnel.
7.7.2. Should Contractor fail or refuse to remove or correct any defective work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the
time indicated in writing by Consultant, City shall have the authority to cause the defective work
to be removed or corrected, or make such repairs as may be necessary at Contractor’s
expense. Any expense incurred by City in making such removals, corrections or repairs, shall
be paid for out of any monies due or which may become due to Contractor , or may be charged
against the Performance Bond. In the event of failure of Contractor to make all necessary
repairs promptly and fully, City may declare Contractor in default.
7.7.3. If, within one (1) year after the date of Substantial Completion or such longer period of
time as may be prescribed by the terms of any applicable special warranty required by the
Contract Documents, or by any specific provision of the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor , after
receipt of written notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other obligation which Contractor
might have under the Contract Documents including but not limited to, Contractor’s warranty
obligations hereof and any claim regarding latent defects.
7.7.4. Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
7.8. Cleaning Up; City's Right to Clean Up. Contractor shall at all times keep the premises
free from accumulation of waste materials or rubbish caused by its operations. At the
completion of the Project, Contractor shall remove all its waste materials and rubbish from and
about the Project as well as its tools, construction equipment, machinery and surplus materials.
If Contractor fails to clean up during the prosecution of the Work or at the completion of the
Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises
between Contractor and separate contractors as to their responsibility for cleaning up, City may
clean up and charge the cost thereof to the contractors responsible therefore as Consultant
shall determine to be just.
ARTICLE 8. SAFETY AND PROTECTION OF PROPERTY.
8.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Project. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
8.1.1. All employees on the work site and other persons who may be affected thereby;
8.1.2. All the work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project Site; and
8.1.3. Other property at the Project Site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
8.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and
orders of any public body having jurisdiction for the safety of persons or property or to protect
them from damage, injury or loss; and shall erect and maintain all necessary safeguards for
such safety and protection. Contractor shall notify owners of adjacent property and utilities
when prosecution of the work may affect them. Contractor shall be responsible for and shall
remedy all damage, injury or loss to any property, caused directly or indirectly, in whole or in
part, by Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable. Contractor's duties and responsibilities for
the safety and protection of the work shall continue until such time as all the Work is completed
and Consultant has issued a notice to City and Contractor that the Work is acceptable except as
otherwise provided in the Contract Documents.
8.3. Contractor shall designate a responsible member of its organization at the Work site
whose duty shall be the prevention of accidents. This person shall be Contractor’s
superintendent unless otherwise designated in writing by Contractor to City.
8.4. Contractor's Responsibility for Damages and Accidents.
8.4.1. Contractor shall accept full responsibility for the Work against all loss or damage of
whatsoever nature sustained until final acceptance by City, and shall promptly repair any
damage done from any cause whatsoever.
8.4.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to
the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged
or destroyed prior to final acceptance by City, Contractor shall replace same without cost to
City.
8.5. Occupational Health and Safety.
8.5.1. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
a. The chemical name and the common name of the toxic substance.
b. The hazards or other risks in the use of the toxic substance, including:
i. The potential for fire, explosion, corrosion, and reaction;
ii. The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by
exposure to the toxic substance; and
iii. The primary routes of entry and symptoms of overexposure.
c. The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the toxic
substances, including appropriate emergency treatment in case of overexposure.
d. The emergency procedure for spills, fire, disposal, and first aid.
e. A description in lay terms of the known specific potential health risks posed by the
toxic substance intended to alert any person reading this information.
The year and month, if available, that the information was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
8.6. Hurricane Precautions.
8.6.1. During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all
precautions necessary to secure the Project Site in response to all threatened storm events,
regardless of whether the City or Consultant has given notice of same.
8.6.2. Compliance with any specific hurricane warning or alert precautions will not constitute
additional work.
8.6.3. Additional work relating to hurricane warning or alert at the Project Site will be addressed
by a Change Order in accordance with the Contract Documents
8.6.4. Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional Contract
Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable
delay.
8.6.5. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to
Proceed, Contractor shall submit to the City a Hurricane Preparedness Plan.
8.7. Location and Damage to Existing Facilities, Equipment or Utilities.
8.7.1. As far as possible, all existing utility lines in the Project area have been shown on the
plans. However, City does not guarantee that all lines are shown, or that, the ones indicated
are in their true location. It shall be the Contractor’s responsibility to identify and locate all
underground and overhead utility lines or equipment affecting or affected by the Project.
8.7.2. The Contractor shall notify each utility company involved at least ten (10) days prior to
the start of construction to arrange for positive underground location, relocation or support of its
utility where that utility may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by
the Contractor. All charges by utility companies for temporary support of its utilities shall be
paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the
responsibility of the utility company involved. No additional payment will be made to the
Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with
other lines.
8.7.3. The Contractor shall schedule the work in such a manner that the work is not delayed by
the utility providers relocating or supporting their utilities. The Contractor shall coordinate its
activities with any and all public and private utility providers occupying the right-of-way. No
compensation will be paid to the Contractor for any loss of time or delay.
8.7.4. All overhead, surface or underground structures and utilities encountered are to be
carefully protected from injury or displacement. All damage to such structures is to be
completely repaired within a reasonable time; needless delay will not be tolerated. The City
reserves the right to remedy such damage by ordering outside parties to make such repairs at
the expense of the Contractor. All such repairs made by the Contractor are to be made to the
satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All
repairs are to be inspected by the utility owner prior to backfilling.
8.8. Risk of Loss. The risk of loss to any of the Work and to any goods, materials and
equipment provided or to be provided under the Contract Documents, shall remain with the
Contractor until Substantial Completion. Should any of the Work, or any such goods,
materials and equipment, be destroyed, mutilated, defaced or otherwise damaged prior to
the time the risk of loss has shifted to the City, the Contractor shall repair or replace the
same at its sole cost. The Performance Bond and Payment Bond or other security or
insurance protection required by the Contract Documents or otherwise provided by the City
or the Contractor shall in no way limit the responsibility of the Contractor under this Section.
ARTICLE 9. INSURANCE AND INDEMNITY.
9.1. Insurance Requirements. The Bidder shall furnish to the Procurement Department,
City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami, Florida 33139, Certificate(s) of
Insurance which indicate that insurance coverage has been obtained which meets the
requirements set forth in 9.2.
9.2. Limits Required. This document sets forth the minimum levels of insurance that the
contractor is required to maintain throughout the term of the contract and any renewal periods.
The following shall apply.
a. Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
b. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per
occurrence for bodily injury property damage to include Premises/ Operations; Products,
Completed Operations and Contractual Liability. Contractual Liability and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of
specifications).
c. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
d. The City must be named as and additional insured on the liability policies; and it must be
stated on the certificate.
e. Thirty (30) days written cancellation notice required.
f. Best's guide rating B+:VI or better, latest edition.
g. The certificate must state the bid number and title
h. The City of Miami Beach is self-insured. Any and all claim payments made from self-
insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida
Constitution, and any other applicable Statutes.
9.3 Additional Insured Status. The City of Miami Beach must be covered as an additional
insured with respect to liability arising out of work or operations performed by or on behalf
of the Consultant.
9.4 Waiver of Subrogation. Contractor hereby grants to City of Miami Beach a waiver of any
right to subrogation which any insurer of the Contractor may acquire against the City of
Miami Beach by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City of Miami
Beach has received a waiver of subrogation endorsement from the insurer.
9.5 Other Insurance Provisions.
a. For any claims related to this project, the Contractor's coverage shall be primary
insurance as respects the City of Miami Beach, its officials, officers, employees,
and volunteers. Any insurance or self-insurance maintained by the City of Miami
Beach shall be excess of the Contractor's insurance and shall not contribute with it.
b. Each policy required by this clause shall provide that coverage shall not be
canceled, except with notice to the City of Miami Beach.
c. If any excavation work is included in the Contract, it is understood and agreed that
Contractor's Liability policy shall not contain exclusion for XCU (Explosion,
Collapse and Underground) coverage.
If any coverage required is written on a claims-made form:
a. The retroactive date must be shown, and must be before the date of the contract or
the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the contract effective date, the
Contractor must purchase extended period coverage for a minimum of five (5)
years after completion of the contract work.
d. A copy of the claims reporting requirements must be submitted to the City of Miami
Beach Risk Management (or its designee) for review.
e. If the services involved lead-based paint or asbestos identification/ remediation, the
Contractors Pollution Liability shall not contain lead-based paint or asbestos
exclusions. If the services involve mold identification/remediation, the Contractors
Pollution Liability shall not contain a mold exclusion and the definition of "Pollution"
shall include microbial matter including mold.
9.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach
Risk Management Office.
9.7 Verification of Coverage. Contractor shall provide the required insurance certificates,
endorsements or applicable policy language effecting coverage required by this Article. All
certificates of insurance and endorsements are to be received prior to any work
commencing. However, failure to obtain the required coverage prior to the work beginning
shall not waive the Contractor's obligation to provide them. The City of Miami Beach
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
9.8 Special Risks or Circumstances. The City of Miami Beach reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
Certificate Holder:
CITY OF MIAMI BEACH
c/o PROCUREMENT DEPARTMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other provision of the Contract Documents.
9.3. Indemnification.
9.3.1 In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable
consideration, the sufficiency of which the Contractor hereby acknowledges, to the
fullest extent permitted by law, Contractor shall defend, indemnify and save harmless
City, and their respective officers and employees, from liabilities, damages, losses and
costs including, but not limited to, reasonable attorney’s fees, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of Contractor and
persons employed or utilized by Contractor in the performance of this Contract.
9.3.2 Sums otherwise due to Contractor under this Contract may be retained by City until all of
City’s Claims for indemnification under this Contract have been settled or otherwise
resolved. Any amount withheld pursuant to this Article shall not be subject to payment
of interest by City.
9.3.4 The execution of this Contract by Contractor shall operate as an express
acknowledgment that the indemnification obligation is part of the bid documents and/or
Contract Documents for the Project and the monetary limitation on indemnification in this
Article bears a reasonable commercial relationship to the Contract.
9.3.5 Nothing in this Artilce is intended, or should be construed, to negate, abridge or
otherwise reduce the other rights and obligations of indemnity that may otherwise exist
as to a party described in this Article.
9.3.6 Nothing in this Article is intended to create in the public or any member thereof, a third
party beneficiary hereunder, or to authorize anyone not a party to this Contract, to
maintain a suit for personal injuries or property damage pursuant to the terms or
provisions of this Contract.
9.3.7 The indemnification obligations set forth herein shall survive the termination and/or
expiration of this Contract.
ARTICLE 10. CHANGES IN THE WORK; EXTENSIONS TO THE CONTRACT TIME.
10.1. Changes in the Work or Terms of Contract Documents.
10.1.1. Without invalidating the Contract and without notice to any surety City reserves and shall
have the right, from time to time to make such increases, decreases or other changes in the
character or quantity of the Work as may be considered necessary or desirable to complete fully
and acceptably the proposed construction in a satisfactory manner. Any extra or additional
work within the scope of this Project must be accomplished by means of appropriate Field
Orders and Supplemental Instructions or Change Orders.
10.1.2. Any changes to the terms of the Contract Documents must be contained in a Change
Order, executed by the Parties hereto, with the same formality and of equal dignity prior to the
initiation of any work reflecting such change. This section shall not prohibit the issuance of
Change Orders executed only by City as hereinafter provided.
10.2. Field Orders.
10.2.1. The Contract Administrator, through Consultant, shall have the right to approve and
issue Field Orders setting forth written interpretations of the intent of the Contract Documents
and ordering minor changes in Work execution, providing the Field Order involves no change in
the Contract Price or the Contract Time.
10.2.2. Consultant shall have the right to approve and issue supplemental instructions setting
forth written orders, instructions, or interpretations concerning the Contract Documents or its
performance, provided such supplemental instructions involve no change in the Contract Price
or the Contract Time.
10.3. Change Orders.
10.3.1. Changes in the quantity or character of the Work which are not properly the subject of
Field Orders or supplemental instructions, including all changes resulting in changes in the
Contract Price, or the Contract Time, shall only be authorized only by Change Orders approved
in advance by the City. Changes in the Work shall be performed under applicable provisions
of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise
provided in the Change Order or Construction Change Directive. No Change Order shall take
effect until Contractor delivers a Consent of Surety increasing the Performance Bond and
Payment Bond by the amount of the Change Order.
10.3.2. All Change Orders which exceed the then-remaining amounts available in the Owner’s
Contingency shall be approved by the City Commission. All other Change Orders, if funded by
then-remaining amounts available in the Owner’s Contingency, shall be approved in advance by
the City Manager or the City Manager’s designee.
10.3.3. If City requests a change in the Work, City shall submit a change request to
Contractor, in writing. Within seven (7) business days of Contractor’s receipt of such request
from the City, Contractor shall provide City with a rough “pencil copy” estimate of the cost
and/or time impacts associated with the request. Within twenty-one (21) days of Contractor’s
receipt of City’s initial request, the Contractor shall submit a detailed proposal to the City
stating (i) the proposed increase or decrease, if any, in the Cost of the Work which would
result from such a change, (ii) the effect, if any, upon the Contract Time by reason of such
proposed change, and (iii) supporting data and documentation, including any requested by the
City in its change request.
10.3.4. If the Contractor proposes a change in the Work, such proposal must be accompanied
by a detailed cost breakdown and sufficient substantiating data to permit evaluation by the
City. If the Contractor does submit a proposal within the preceding seven (7) business day
time period, the City shall, within thirty (30) days following its receipt of such proposal, notify
the Contractor as to whether the City agrees with such proposal and wishes to accept the
Contractor's proposal. If the City agrees with such proposal and wishes to accept the same,
the City and the Contractor shall execute a Change Order which at a minimum specifies: i) the
detailed scope associated with the change to the Work; ii) the amount of the adjustment in the
Contract Price, if any, and (iii) the extent of the adjustment in the Contract Time, if any. In the
event the City disagrees with the Contractor's proposal, the City may either (i) notify the
Contractor that the City has decided to not proceed with or approve the requested change, or
(ii) issue a Change Order as provided below.
10.3.5. The increase or decrease in the Contract Price resulting from a change in the Work shall
be determined in one or more of the following ways:
a. by mutual acceptance of a lump sum (inclusive of all overhead and profit)
properly itemized and supported by sufficient substantiating data to permit evaluation by the
Consultant and City;
b. by unit prices as may be specified in the Contract Documents or subsequently
agreed upon;
c. by time and materials or “cost of the Work” (as defined herein) and a mutually
acceptable fixed or percentage overhead and profit fee for the Contractor.
10.3.6. If none of the methods set forth above are agreed upon, the Contractor, provided it
receives a written Change Order signed by the City with respect to all undisputed amounts and
Work, shall promptly proceed with the Work involved, subject to Contractor’s reservation of
rights as to disputed amounts (with such reservation of rights identifying the precise nature of
the dispute, the facts in support of the Contractor’s position, and the maximum amount and/or
time sought by the Contractor). The cost of such Work shall then be determined on the basis of
the reasonable expenditures and savings of those performing the Work attributed to the change,
including a reasonable overhead and profit in accordance with this Article. With respect to any
such Change Order Work, the City, with the Consultant, will establish an estimated cost of the
Work and the Contractor shall not perform any Work whose cost exceeds that estimate without
prior written approval by the City. With respect to all Change Orders, Contractor shall keep and
present, in such form as the City may prescribe, an itemized accounting together with
appropriate supporting data of the increase in the Cost of the Work.
10.3.7. If unit prices are included in the Contract Documents or as part of any Change Order,
City shall pay to Contractor the amounts determined for the total number of each of the units of
work completed at the unit price associated with such Work as stated in the Contractor’s
schedule of prices bid, as set forth in Contractor’s response to the ITB or request for quote. The
number of units contained in the bid is an estimate only, and final payment shall be made for the
actual number of units incorporated in or made necessary by the Contract Documents, as may
be amended by Change Order. If additional unit price work is ordered, then the Contractor shall
perform the work as directed and shall be paid for the actual quantity of such item(s) of work
performed at the appropriate original schedule of prices bid associated with such Work.
10.3.8. Decreases in the Cost of the Work due to a change in the Project shall result in a
decrease to the Contract Price, by way of a deductive Change Order.
10.3.9. The Contractor’s Overhead and Profit Fee for all Change Orders shall be the net change
in the Contract Price, multiplied by the percentage specified for overhead and profit in the
Change Order, provided, that the overhead and profit markup or fee for Contractor, its
Subcontractors, and Suppliers, shall be reasonable, and that the aggregate total amount of
overhead and profit for Change Order Work (inclusive of all Subcontractors and Suppliers at all
tiers) shall not exceed ten percent 10%, unless prior otherwise approved, in writing, by the City.
For deductive Change Orders, including deductive Change Orders arising from both additive
and deductive items, the deductive amounts shall include a proportionate corresponding
reduction in the overhead and profit fee, as applicable to the Contractor, Subcontractors or
Suppliers.
10.4. Value of Change Order Work/”Costs of the Work”. The term “cost of the Work”
means the sum of:
10.4.1. All direct costs necessarily incurred and paid by Contractor in the proper performance of
the Work described in the Change Order. Except as otherwise may be agreed to in writing by
City, such costs shall be in amounts no higher than those prevailing in the locality of the Project,
shall include only the following items and shall not include any of the costs itemized in the “cost
of work” as defined herein.
10.4.2. Payroll costs for employees in the direct employ of Contractor in the performance of the
work described in the Change Order under schedules of job classifications agreed upon by City
and Contractor. Payroll costs for employees not employed full time on the work covered by the
Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs
shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which
shall include social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and
holiday pay application thereto. Such employees shall include superintendents and foremen at
the site. The expenses of performing the work after regular working hours, on Sunday or legal
holidays, shall be included in the above to the extent authorized by City. Contractor’s fee shall
not exceed ten percent (10%), unless otherwise approved in writing by the City.
10.4.3. Cost of all materials and equipment furnished and incorporated in the work, including
costs of transportation and storage thereof, and manufacturers' field services required in
connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds
with Contractor with which to make payments, in which case the cash discounts shall accrue to
City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and
equipment shall accrue to City and Contractor shall make provisions so that they may be
obtained. Rentals of all construction equipment and machinery and the parts thereof whether
rented from Contractor or others in accordance with rental agreements approved by City with
the advice of Consultant and the costs of transportation, loading, unloading, installation,
dismantling and removal thereof, all in accordance with the terms of said agreements. The
rental of any such equipment, machinery or parts shall cease when the use thereof is no longer
necessary for the work. Contractor’s fee shall not exceed ten percent (10%), unless otherwise
approved in writing by the City
10.4.4. Payments made by Contractor to Subcontractors for work performed by Subcontractors.
If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to
Contractor and shall deliver such bids to City who will then determine, with the advice of
Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to
be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be
determined in the same manner as Contractor's cost of the work. All Subcontractors shall be
subject to the other provisions of the Contract Documents insofar as applicable. Contractor's fee
shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost
of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and
profit shall not exceed ten percent (10%), unless otherwise approved in writing by the City.
10.4.5. Cost of special consultants, including, but not limited to, engineers, architects, testing
laboratories, and surveyors employed for services specifically related to the performance of the
work described in the Change Order. Contractor shall not be entitled to a Contractor’s fee.
10.4.6. Miscellaneous, or supplemental costs, including the following:
a. The proportion of necessary transportation, travel and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the work
except for local travel to and from the site of the work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not
owned by the workmen, which are consumed in the performance of the work, and
cost less market value of such items used but not consumed which remains the
property of Contractor.
c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable,
imposed by any governmental authority.
d. Deposits lost for causes other than Contractor’s negligence; royalty payments and
fees for permits and licenses.
e. The cost of utilities, fuel and sanitary facilities at the site.
f. Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in connection
with the work.
g. Cost of premiums for additional bonds and insurance required because of changes in
the work.
h. Contractor shall not be entitled to a Contractor’s fee for the “Supplemental costs”
herein.
10.4.7. The term "cost of the Work" shall not include any of the following items, as such items
are expressly not to be reimbursed:
a. Payroll costs and other compensation of Contractor's officers, executives, principals
(of partnership and sole proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel employed by Contractor
whether at the site or in its principal or a branch office for general administration of
the work and not specifically included in the agreed-upon schedule of job
classifications, all of which are to be considered administrative costs covered by
Contractor’s fee.
b. Expenses of Contractor’s principal and branch offices other than Contractor’s office
at the site.
c. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the work and charges against Contractor for delinquent payments.
d. Cost of premiums for all Bonds and for all insurance whether or not Contractor is
required by the Contract Documents to purchase and maintain the same, except for
additional bonds and insurance required because of changes in the work.
e. Losses and expenses sustained by the Contractor or any Subcontractors at any tier,
not compensated by insurance or otherwise, if such losses and expenses are due to
infidelity on the part of any employee of Contractor, any Subcontractor or Supplier,
anyone directly or indirectly employed by any of them, or anyone for whose acts any
of them may be liable, or others to whom the property may be entrusted, including
but not limited to, the correction of defective work, disposal of materials or equipment
wrongly supplied and making good any damage to property.
f. Other overhead or general expense costs of any kind and the cost of any item not
specifically and expressly approved by the City Manager or City Commission by a
Change Order.
g. Losses and expenses not covered by insurance where the Contractor, or any
Subcontractor, failed to obtain and/or maintain in effect the insurance required to be
carried by the Contract Documents, or where Contractor, or any Subcontractor or
Supplier, failed to obtain and/or maintain such insurance in limits and amounts
required by the Contract Documents except to the extent any deductible provided in
such required insurance;
h. Costs and expenses incurred by Contractor upon breach of its warranties or
guaranties;
i. Costs associated with the relocation of employees, and any travel costs not
expressly permitted by the Contract Documents (including costs for long-distance
travel, costs for travel between the Project Site and the Contractor’s office(s), and
hotel, car rental and airfare costs);
j. Any amounts to be paid by the Contractor for federal, state or local income or
franchise taxes;
k. Labor, material, and equipment costs or any other costs incurred which should be
back-charged to any Subcontractor, any Sub-Subcontractor, any direct or lower tier
supplier, or any other party for whom the Contractor is responsible;
l. Costs or losses resulting from lost, damaged by misuse or stolen tools and
equipment;
m. Costs of bonding or securing liens or defending claims filed by any Subcontractor of
any tier, any Supplier, any direct or lower tier supplier or any other party for whom
any of such parties or the Contractor is responsible arising from nonpayment, unless
such nonpayment is the result of the City’s unexcused or wrongful failure to pay the
Contractor undisputed amounts as and when due under the Contract Documents;
n. Costs of self-insured losses (e.g., losses within the deductible limits maintained by
the Contractor or any direct or indirect subcontractor), costs covered by any
insurance carried by Contractor or a direct or lower tier subcontractor, costs which
would have been covered by the insurance required to be carried by a Contractor or
a direct or lower tier subcontractor under the Contract Documents, and costs which
would have been covered by insurance but for failure of the Contractor or direct or
lower tier subcontractor to properly submit, process or give notice to the occurrence
or claim;
o. Costs of employee bonuses and executive bonuses whether or not based in whole or
in part on performance related to the Work;
p. Costs incurred or paid for recruiting employees (whether to third party recruiters or to
employees);
q. Severance or similar payments on account of terminated employees;
r. Costs incurred after the Contractor’s application for final payment;
s. Any outside legal fees;
t. Costs of materials and equipment stored off-site, except upon the prior written
approval of the Contract Administrator in accordance with the Contract Documents.
10.5. The amount of credit to be allowed by Contractor to City for any such change which
results in a net decrease in cost, will be the amount of the actual net decrease. When both
additions and credits are involved in any one change, the combined overhead and profit shall be
figured on the basis of the net increase, if any, however, Contractor shall not be entitled to
claim lost profits for any Work not performed.
10.6. Whenever the cost of any work is to be determined as defined herein, Contractor will
submit in a form acceptable to Consultant an itemized cost breakdown together with the
supporting data.
10.7. Where the quantity of any item of the Work that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such work indicated in the
Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if
warranted.
10.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial
cost estimate acceptable to Consultant and Contract Administrator.
10.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and
other items of cost.
10.8.2. Whenever a change involves Contractor and one or more Subcontractors and the
change is an increase in the Contract Price, overhead and profit percentage for Contractor and
each Subcontractor shall be itemized separately.
10.8.3. Each Change Order must state within the body of the Change Order whether it is based
upon unit price, negotiated lump sum, or "cost of the work."
10.9. No Damages for Delay. NO CLAIM FOR DAMAGES OR ANY CLAIM, OTHER THAN
FOR AN EXTENSION OF TIME, SHALL BE MADE OR ASSERTED AGAINST CITY BY
REASON OF ANY DELAYS EXCEPT AS PROVIDED HEREIN. Contractor shall not be
entitled to an increase in the Contract Price or payment or compensation of any kind from City
for direct, indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference
or hindrance from any cause whatsoever, whether such delay, disruption, interference or
hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; and irrespective of whether such delay constitutes an Excusable Delay and
irrespective of whether such delay results in an extension of the Contract Time; provided,
however, Contractor’s hindrances or delays are not due solely to fraud, bad faith or willful or
intentional interference by the City in the performance of the Work, and then only where such
acts continue after Contractor’s written notice to the City of such alleged interference.
10.9.1. Contractor acknowledges and agrees that Excusable Delay shall not be deemed to
constitute willful or intentional interference with the Contractor’s performance of the Work
without clear and convincing proof that they were the result of a deliberate act, without any
reasonable and good-faith basis, and were specifically intended to disrupt the Contractor’s
performance of the Work. The City’s attempts to facilitate or assist Contractor in performance of
the Work shall in no way be construed, interpreted and/or be deemed to constitute willful or
intentional interference with the Contractor’s performance of the Work.
Except as provided herein, Contractor hereby waives all other remedies at law or in equity that it
might otherwise have against the City on account of any Excusable Delay and any and all other
events that may, from time to time, delay the Contractor in the performance of the Work.
Contractor acknowledges and agrees that, except as specified herein, all delays or events and
their potential impacts on the performance by the Contractor are specifically contemplated and
acknowledged by the Parties in entering into this Agreement and that Contractor’s pricing of the
Work and the determination of the Contract Price shall be expressly based on the Contractor’s
assumption of the risks thereof, and Contractor hereby waives any and all Claims it might have
for any of the foregoing losses, costs, damages and expenses.
10.10. Excusable Delay. Contractor’s sole remedy for Excusable Delay is an extension of the
Contract Time for each day of critical path delay, but only if the pre-requisites and notice
requirements set forth below in this Article 10 have been timely and properly satisfied. An
excusable delay is one that (i) directly impacts critical path activity delineated in the Project
Schedule and extends the time for completion of the Work; (ii) could not reasonably have been
mitigated by Contractor, including by re-sequencing, reallocating or redeploying and/or
increasing the amount of its forces to other portions of the Work; and (iii) is caused by
circumstances beyond the control and due to no fault of Contractor or its Subcontractors,
material persons, Suppliers, or Vendors, including, but not limited to, force majeure events such
as fires, floods, labor disputes, epidemics, hurricanes, or similar events beyond the control and
due to no fault of the Contractor (“Excusable Delay”). If two or more separate events of
Excusable Delay are concurrent with each other, Contractor shall only be entitled to an
extension of time for each day of such concurrent critical path delay, and Contractor shall not be
entitled to double recovery thereon. For illustration purposes only, if two events of Excusable
Delay are concurrent for two days, Contractor shall only receive a time extension of a total of
two days, and not four days.
10.10.1. Weather. Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for a change in the Contract Time pursuant
to the Contract Documents. These time extensions are justified only when rains or other
inclement weather conditions or related adverse soil conditions prevent Contractor from
productively performing controlling items of work identified on the accepted schedule or updates
resulting in:
(1) Contractor being unable to work at least fifty percent (50%) of the normal
workday on controlling items of work identified on the accepted schedule or updates due to
adverse weather conditions; or
(2) Contractor must make major repairs to the Work damaged by weather. Providing
the damage was not attributable to a failure to perform or neglect by Contractor, and providing
that Contractor was unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
10.10.2. Compensable Excusable Delay. Notwithstanding the foregoing, Excusable Delay
is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances
beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is
caused solely by fraud, bad faith or active interference on the part of City or its agents, provided,
however, that in no event shall Contractor be compensated for (x) interim delays which do not
extend the Contract Time, or (y) for Excusable Delay if caused jointly or concurrently by
Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, in which
case then Contractor shall be entitled only to a time extension and no further compensation for
the Excusable Delay.
10.10.3. Unexcusable Delays. “Unexcusable Delay” shall mean any delays not included
within the definition of Excusable Delay as set forth above including any delay which extends
the completion of the Work or portion of the Work beyond the time specified in the Project
Schedule, including, without limitation, the date for Substantial Completion or Final Completion,
and which is caused by the act, fault, inaction or omission of the Contractor or any
Subcontractor, Supplier or other party for whom the Contractor is responsible; any delay that
could have been limited or avoided by Contractor’s timely notice to the City of such delay; or
any delay in obtaining licenses, permits or inspections caused by the actions or omissions of the
Contractor or its Subcontractors, Suppliers or any other party for whom the Contractor is
responsible An Unexcusable Delay shall not be cause for granting an extension of time to
complete any Work or any compensation whatsoever, and shall subject the Contractor to
damages in accordance with the Contract Documents. In no event shall the Contractor be
excused for interim delays which do not extend the Project Schedule, including the date for
Substantial Completion or Final Completion.
10.11. Prerequisites and Notice Requirements for Extensions of Time. Except as provided
in the Contract Documents with respect to Changes in the Work, an extension of the Contract
Time will only be granted by the City under the following circumstances: (a) if a delay occurs as
a result of an Excusable Delay, and (b) the Contractor has complied with each of the following
requirements below to the reasonable satisfaction of the City:
a. Contractor shall provide written notice to the City of any event of delay or potential
delay within five (5) days of the commencement of the event giving rise to the request. The
Contractor, within ten (10) days of the date upon which the Contractor has knowledge of the
delay, shall notify the City, in writing, of the cause of the delay stating the approximate number
of days the Contractor expects to be delayed, and must make a request for an extension of
time, if applicable, to the City, in writing, within ten (10) days after the cessation of the event
causing the delay specifying the number of days the Contractor believes that its activities were
in fact delayed by the cause(s) described in its initial notice.
b. The Contractor must show to the reasonable satisfaction of the City that the activity
claimed to have been delayed was in fact delayed by the stated cause of delay, that the critical
path of the Work was materially affected by the delay, that the delay in such activity was not
concurrent with any Unexcusable Delay, the delay was not the result of the performance of unit
price Work, and that the delay in such activity will result in a delay of the date for Substantial
Completion in the Project Schedule or Final Completion.
c. The initial notice provided by the Contractor under Subsection (a) above shall
provide an estimated number of days the Contractor believes it will be delayed, and describe
the efforts of the Contractor that have been or are going to be undertaken to overcome or
remove the Excusable Delay and to minimize the potential adverse effect on the cost and time
for performance of the Work resulting from such Excusable Delay. The mere written notice of an
event of delay or potential delay, without all of the aforementioned required information, is
insufficient and will not toll the time period in which the Contractor must provide proper written
notice under this Article.
CONTRACTOR’S STRICT COMPLIANCE WITH THIS ARTICLE 10 IS A CONDITION
PRECEDENT TO RECEIPT OF AN EXTENSION OF THE CONTRACT TIME. FAILURE OF
THE CONTRACTOR TO COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR
EVENT OF DELAY, INCLUDING THE REQUIREMENTS OF THIS SECTION, SHALL BE
DEEMED CONCLUSIVELY TO CONSTITUTE A WAIVER, ABANDONMENT OR
RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF TIME AND ALL
CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY. Once the
Parties have mutually agreed as to the adjustment in the Contract Time due to an Excusable
Delay, they shall enter into a Change Order documenting the same.
If the City and Contractor cannot resolve a request for time extension made properly and timely
under this Section within sixty (60) days following submission, the Contractor may re-submit the
request as a Claim in accordance with the procedures set forth in Article 15 of this Agreement.
10.12. Contractor's Duty. Notwithstanding the provisions of this Agreement allowing the
Contractor to claim delay due to Excusable Delay, whenever an Excusable Delay shall occur,
the Contractor shall use all reasonable efforts to overcome or remove any such Excusable
Delay, and shall provide the City with written notice of the Contractor's recommendations on
how best to minimize any adverse effect on the time and cost of performing the Work resulting
from such Excusable Delay. In furtherance of the foregoing, whenever there shall be any
Excusable Delay, the Contractor shall use all reasonable efforts to adjust the Project scheduling
and the sequencing and timing of the performance of the Work in a manner that will avoid, to
the extent reasonably practicable, any Excusable Delay giving rise to an actual extension in the
time for performance of the Work.
If there are corresponding costs associated with any of the measures which the Contractor
deems necessary or desirable to minimize any adverse effects resulting from any Excusable
Delay, the Contractor shall advise the City of such anticipated associated costs and shall not
proceed with such measures absent the City's executing a Change Order in connection
therewith. Nothing in this Section 9.4 shall, however, be deemed to entitle the Contractor to any
adjustment in the Contract Price or the Guaranteed Maximum Price or any other damages,
losses or expenses resulting from an Excusable Delay; nor shall it be deemed to obligate the
City to agree to undertake any recommendations suggested by the Contractor as a means of
minimizing the adverse effects of any Excusable Delay.
10.13. Differing Site Conditions. In the event that during the course of the Work Contractor
encounters subsurface or concealed conditions at the Project Site which could not have
reasonably been identified by Contractor upon prior investigation, and materially differ from
those indicated in the Contract Documents, or if unknown physical conditions of an unusual
nature are encountered on the Project Site and differ materially from those ordinarily
encountered and generally recognized as inherent in work of the character called for in the
Contract Documents, then Contractor shall promptly notify the City within two (2) business days
of the specific materially differing site conditions, before the Contractor disturbs the conditions or
performs the affected Work.
10.13.1. Consultant and City shall, within two (2) business days after receipt of Contractor’s
written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of
Consultant, the conditions do materially so differ and cause an increase or decrease in
Contractor’s cost of, or the time required for, the performance of any part of the Work,
Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract
Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or
Contract Time, the adjustment shall be referred to Consultant for determination in accordance
with the provisions of Contract Documents. Should Consultant determine that the conditions of
the Project Site are not so materially different to justify a change in the terms of the Contract,
Consultant shall so notify City and Contractor in writing, stating the reasons, and such
determination shall be final and binding upon the parties hereto.
10.13.2. An adjustment for differing site conditions shall not be allowed, and any Claim
relating thereto shall be deemed conclusively waived, if the Contractor has not provided the
required written notice within two (2) business days of discovery of the site conditions, or has
disturbed the site conditions prior to City’s examination thereof.
10.13.3. For purposes of this Section, a “materially differing” site condition is one that (1) is
not identified in the Contract Documents and is not reasonably inferable therefrom; and (2)
could not have reasonably been identified by Contractor upon prior investigation, provided
Contractor reasonably undertook such prior site investigation; and (3) requires a change to the
Work that increases Contractor’s costs and/or impacts the critical path for completion of the
Work.
10.13.4. Where Site Conditions delay the Project, and said delay could have been avoided by
reasonable investigations of the Project Site at any time prior to commencement of the Work in
question, such delay shall not be considered to be an Excusable Delay beyond the control of
the Contractor, and no time extension shall be granted. No request for an equitable adjustment
or change to the Contract Time for differing Site Conditions shall be allowed if made after the
date certified as the Substantial Completion date.
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ARTICLE 11. CLAIMS AND RESOLUTION OF DISPUTES.
11.1 Claims must be initiated by written notice and, unless otherwise specified in the
Construction Documents, submitted to the other Party within twenty-one (21) days of the event
giving rise to such Claim or within 21 days after the claimant reasonably should have
recognized the event or condition giving rise to the Claim, whichever is later. Such Claim shall
include sufficient information to advise the other party of the circumstances giving rise to the
Claim, the specific contractual adjustment or relief requested including, without limitation, the
amounts and number of days of delay sought, and the basis of such request. The Claim must
include all job records and other documentation supporting entitlement, the amounts and time
sought. In the event additional time is sought, the Contractor shall include a time impact
analysis to support such Claim. The City shall be entitled to request additional job records or
documentation to evaluate the Claim. The Claim shall also include the Contractor’s written
notarized certification of the Claim in accordance with the False Claims Ordinance, Sections 70-
300 et seq., of the City Code.
11.2 Claims not timely made or otherwise not submitted in strict accordance with the
requirements of this Article or other Contract Documents shall be deemed conclusively waived,
the satisfaction of which shall be conditions precedent to entitlement.
11.3 Contractor assumes all risks for the following items, none of which shall be the subject of
any Change Order or Claim and none of which shall be compensated for except as they may
have been included in the Contractor’s Contract Price as provided in the Contract Documents:
Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds
not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work,
costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any other
indirect and consequential costs not listed herein. No compensation shall be made for loss of
anticipated profits from any deleted Work.
11.4 Continuing the Work During Disputes. Contractor shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements with City, including disputes or
disagreements concerning a request for a Change Order, a request for a change in the Contract
Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any
disputes or disagreements.
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ARTICLE 12. PERMITS, LICENSES, FEES, TAXES.
12.1 Except as otherwise provided within the Contract Documents, all permits and licenses
required by federal, state or local laws, rules and regulations necessary for the prosecution of
the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by
Contractor. It is Contractor’s responsibility to have and maintain appropriate Certificate(s) of
Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work
is to be performed for all persons working on the Project for whom a Certificate of Competency
is required.
12.2 Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor.
Contractor shall be reimbursed only for the actual amount of the impact fee levied by the
municipality as evidenced by an invoice or other acceptable documentation issued by the
municipality. Reimbursement to Contractor in no event shall include profit or overhead of
Contractor.
12.3 All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that may be used upon or in any manner be
connected with the construction of the Work or appurtenances, are hereby included in the prices
stipulated in Construction Documents for said work.
12.4 Taxes. Contractor shall pay all applicable sales, consumer, use and other taxes required
by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
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ARTICLE 13. TERMINATION.
13.1. Termination for Convenience. In addition to other rights the City may have at law and
pursuant to the Contract Documents with respect to cancellation and termination of the
Contract, the City may, in its sole discretion, terminate for the City's convenience the
performance of Work under this Contract, in whole or in part, at any time upon written notice to
the Contractor. The City shall effectuate such Termination for Convenience by delivering to the
Contractor a Notice of Termination for Convenience, specifying the applicable scope and
effective date of termination, which termination shall be deemed operative as of the effective
date specified therein without any further written notices from the City required. Such
Termination for Convenience shall not be deemed a breach of the Contract, and may be issued
by the City with or without cause.
a. Upon receipt of such Notice of Termination for Convenience from the City, and
except as otherwise directed by the City, the Contractor shall immediately proceed with the
following obligations, regardless of any delay in determining or adjusting any amounts due under
this Article:
i. Stop the Work specified as terminated in the Notice of Termination for
Convenience;
ii. Promptly notify all Subcontractors of such termination, cancel all contracts and
purchase orders to the extent they relate to the Work terminated to the fullest
extent possible and take such other actions as are necessary to minimize
demobilization and termination costs for such cancellations;
iii. Immediately deliver to the City all Project records, in their original/native
electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished
documents, and any and all warranties and guaranties for Work, equipment or
materials already installed or purchased;
iv. If specifically directed by the City in writing, assign to the City all right, title and
interest of Contractor under any contract, subcontract and/or purchase order, in
which case the City shall have the right and obligation to settle or to pay any
outstanding claims arising from said contracts, subcontracts or purchase orders;
v. Place no further subcontracts or purchase orders for materials, services, or
facilities, except as necessary to complete the portion of the Work not terminated
(if any) under the Notice of Termination for Convenience;
vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and
non-fabricated parts, Work in progress, completed Work, supplies and other
material produced or required for the Work terminated; and (2) the completed or
partially completed Project records that, if this Contract had been completed,
would be required to be furnished to the City;
vii. Settle all outstanding liabilities and termination settlement proposals from the
termination of any subcontracts or purchase orders, with the prior approval or
ratification to the extent required by the City (if any);
viii. Take any action that may be necessary, or that the City may direct, for the
protection and preservation of the Project Site, including life safety and any
property related to this Contract that is in the Contractor’s possession and in
which the City has or may acquire an interest; and
ix. Complete performance of the Work not terminated (if any).
b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall
only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of
such Notice of Termination for Convenience, but no later than the effective date specified
therein. Payment for the Work satisfactorily performed shall be determined by the City in good
faith, in accordance with the percent completion of the Work, less all amounts previously paid to
the Contractor in approved Applications for Payment, the reasonable costs of demobilization
and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors
to the extent such costs are not reasonably avoidable by the Contractor.
Contractor shall submit, for the City’s review and consideration, a final termination payment
proposal with substantiating documentation, including an updated Schedule of Values, within 30
days of the effective date of termination, unless extended in writing by the City upon request.
Such termination amount shall be mutually agreed upon by the City and the Contractor and
absent such agreement, the City shall, no less than fifteen (15) days prior to making final
payment, provide the Contractor with written notice of the amount the City intends to pay to the
Contractor. Such final payment so made to the Contractor shall be in full and final settlement
for Work performed under this Contract, except to the extent the Contractor disputes such
amount in a written notice delivered to and received by the City prior to the City’s tendering such
final payment.
13.2. Event of Default. The following shall each be considered an item of Default. If, after
delivery of written notice from the City to Contractor specifying such Default, the Contractor
fails to promptly commence and thereafter complete the curing of such Default within a
reasonable period of time, not to exceed thirty (30) days, after the delivery of such Notice of
Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City
to terminate Contractor for cause:
a. Failing to perform any portion of the Work in a manner consistent with the
requirements of the Contract Documents or within the time required therein; or failing to use the
Subcontractors, entities and personnel as identified and to the degree specified, in the Contract
Documents, subject to substitutions approved by the City in accordance with this Contract and
the other Contract Documents;
b. Failing, for reasons other than an Excusable Delay, to begin the Work required
promptly following the issuance of a Notice to Proceed;
c. Failing to perform the Work with sufficient manpower, workmen and equipment or
with sufficient materials, with the effect of delaying the prosecution of the Work in accordance
with the Project Schedule and/or delaying completion of any of the Project within the specified
time;
d. Failing, for reasons other than an Excusable Delay, to timely complete the Project
within the specified time;
e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as
may be rejected as defective or nonconforming with the terms and conditions of the Contract
Documents;
f. Discontinuing the prosecution of the Work, except in the event of: 1) the issuance of
a stop-work order by the City; or 2) the inability of the Contractor to prosecute the Work because
of an event giving rise to an Excusable Delay as set forth in this Contract for which Contractor
has provided written notice of same in accordance with the Contract Documents;
g. Failing to provide sufficient evidence upon request that, in the City’s sole opinion,
demonstrates the Contractor’s financial ability to complete the Project;
h. An indictment is issued against the Contractor;
i. Failing to make payments to for materials or labor in accordance with the respective
agreements;
j. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
k. Fraud, misrepresentation or material misstatement by Contractor in the course of
obtaining this Contract;
l. Failing to comply in any material respect with any of the terms of this Contract or the
Contract Documents.
In no event shall the time period for curing a Default constitute an extension of the time for
achieving Substantial Completion or a waiver of any of the City's rights or remedies hereunder
for a Default which is not cured as aforesaid.
13.3. Termination of Contract for Cause.
a. The City may terminate the Contractor for cause upon the occurrence of an Event of
Default as defined herein, or for any other breach of the Contract or other Contract Documents
by the Contractor that the City, in its sole opinion, deems substantial and material, following
written notice to the Contractor and the failure to timely and properly cure to the satisfaction of
the City in the time period set forth herein, or as otherwise specified in the Notice of Default.
b. Upon the occurrence of an Event of Default, and without any prejudice to any other
rights or remedies of the City, whether provided by this Contract, the other Contract Documents
or as otherwise provided at law or in equity, the City may issue a Notice of Termination for
Cause to Contractor, copied to the Surety, rendering termination effective immediately, and may
take any of the following actions, subject to any prior rights of the Surety:
i. Take possession of the Project Site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by Contractor;
ii. Accept assignments of subcontracts;
iii. Direct Contractor to transfer title and deliver to the City (1) the fabricated and
non-fabricated parts, Work in progress, completed Work, supplies and other
material produced or required for the Work terminated; and (2) the completed or
partially completed Project records that, if this Contract had been completed,
would be required to be furnished to the City; and
iv. Finish the Work by whatever reasonable method the City may deem expedient.
c. Upon the issuance of a Notice of Termination for Cause, the Contractor shall:
i. Immediately deliver to the City all Project records, in their original/native
electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished or
partially completed documents, and any and all warranties and guaranties for
Work, equipment or materials already installed or purchased;
ii. If specifically directed by the City in writing, assign to the City all right, title and
interest of Contractor under any contract, subcontract and/or purchase order, in
which case the City shall have the right and obligation to settle or to pay any
outstanding claims arising from said contracts, subcontracts or purchase orders;
iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and
non-fabricated parts, Work in progress, completed Work, supplies and other
material produced or required for the Work terminated; and
iv. Take any action that may be necessary, or that the City may direct, for the
protection and preservation of the Project Site, including life safety and property
related to this Contract that is in the Contractor’s possession and in which the
City has or may acquire an interest.
d. All rights and remedies of the City’s Termination rights herein shall apply to all
Defaults that are non-curable in nature, or that fail to be cured within the applicable cure period
or are cured but in an untimely manner, and the City shall not be obligated to accept such late
cure.
13.4. Recourse to Performance and Payment Bond; Other Remedies.
a. Upon the occurrence of an Event of Default, and irrespective of whether the City has
terminated the Contractor, the City may (i) make demand upon the Surety to perform its
obligations under the Performance Bond and Payment Bond, including completion of the Work,
without requiring any further agreement (including, without limitation, not requiring any takeover
agreement) or mandating termination of Contractor as a condition precedent to assuming the
bond obligations; or (ii) in the alternative, the City may take over and complete the Work of the
Project, or any portion thereof, by its own devices, by entering into a new contract or contracts
for the completion of the Work, or using such other methods as in the City’s sole opinion shall
be required for the proper completion of the Work, including succeeding to the rights of the
Contractor under all subcontracts.
b. The City may also charge against the Performance and Payment Bond all fees and
expenses for services incidental to ascertaining and collecting losses under the Performance
and Payment Bond including, without limitation, accounting, engineering, and legal fees,
together with any and all costs incurred in connection with renegotiation of the Contract.
13.5. Costs and Expenses.
a. All damages, costs and expenses, including reasonable attorney’s fees, incurred by
the City as a result of an uncured Default or a Default cured beyond the time limits stated herein
(except to the extent the City has expressly consented, in writing, to the Contractor's late cure of
such Default), together with the costs of completing the Work, shall be deducted from any
monies due or to become due to the Contractor under this Contract, irrespective of whether the
City ultimately terminates Contractor.
b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to
pay Contractor, and the Contractor shall not be entitled to receive, any money until such time as
the Project has been completed and the costs to make repairs and/or complete the Project have
been ascertained by the City. In case such cost and expense is greater than the sum which
would have been due and payable to the Contractor under this Contract for any portion of the
Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable
and shall pay the difference to the City upon demand.
13.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for
Cause is issued by the City, it is thereafter determined that the Contractor was not in default
under the provisions of this Contract, or that any delay hereunder was an Excusable Delay, the
termination shall be converted to a Termination for Convenience and the rights and obligations
of the parties shall be the same as if the notice of termination had been issued pursuant to the
termination for convenience clause contained herein. The Contractor shall have no further
recourse of any nature for wrongful termination.
13.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents,
no remedy under the terms of this Contract is intended to be exclusive of any other remedy, but
each and every such remedy shall be cumulative and shall be in addition to any other
remedies, existing now or hereafter, at law, in equity or by statute. No delay or omission to
exercise any right or power accruing upon any Event of Default shall impair any such right or
power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein,
and every such right and power may be exercised from time to time as often as may be
deemed expedient.
13.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the
Contract Documents is material. The City’s failure to enforce any provision of this Contract
shall not be deemed a waiver of such provision or Amendment of this Contract. A waiver shall
not be effective unless it is in writing and approved by the City. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and the
failure of the City to exercise its rights and remedies under this Article at any time shall not
constitute a waiver of such rights and remedies.
13.9. Contractor Right to Terminate Contract or Stop Work. If the Project should be
stopped under an order of any court or other public authority for a period of more than ninety
(90) days due to no act or fault of Contractor or persons or entities within its control, or if the
City should fail to pay the Contractor any material amount owing pursuant to an Approved
Application for Payment in accordance with the Contract Documents and after receipt of all
supporting documentation required by the Contract Documents, and if the City fails to make
such payment within ninety (90) days after receipt of written notice from the Contractor
identifying the Approved Application for Payment for which payment is outstanding, then,
unless the City is withholding such payment pursuant to any provision of this Contract which
entitles the City to so withhold such payment, the Contractor shall have the right upon the
expiration of the aforesaid ninety (90) day period to stop its performance of the Work, provided
that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure
period. In such event, Contractor may terminate this Contract and recover from City payment
for all Work executed and reasonable expense sustained (but excluding compensation for any
item prohibited by any provisions of the Contract Documents). In the alternative to termination,
Contractor shall not be obligated to recommence the Work until such time as the City shall
have made payment to the Contractor in respect of such Approved Application for Payment,
plus any actual and reasonable related demobilization and start-up costs evidenced by
documentation reasonably satisfactory to the City. No act, event, circumstance or omission
shall excuse or relieve the Contractor from the full and faithful performance of its obligations
hereunder and the completion of the Work as herein provided for.
Remainder of Page Intentionally Left Blank
ARTICLE 14. MISCELLANEOUS.
14.1. Nondiscrimination. In connection with the performance of the Services, the Contractor
shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone
on the grounds of race, color, national origin, sex, age, disability, religion, income or family
status.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public services
on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political affiliation.
14.2. Project Records. City shall have the right to inspect and copy, at City's expense, the
books and records and accounts of Contractor which relate in any way to the Project, and to any
claim for additional compensation made by Contractor, and to conduct an audit of the financial
and accounting records of Contractor which relate to the Project and to any claim for additional
compensation made by Contractor. Contractor shall retain and make available to City all such
books and records and accounts, financial or otherwise, which relate to the Project and to any
claim for a period of three (3) years following Final Completion of the Project. During the Project
and the three (3) year period following Final Completion of the Project, Contractor shall provide
City access to its books and records upon seventy-two (72) hours written notice.
14.3. Performance Evaluations. An interim performance evaluation of the successful
Contractor may be submitted by the Contract Administrator during construction of the Project. A
final performance evaluation shall be submitted when the Request for Final Payment to the
construction contractor is forwarded for approval. In either situation, the completed
evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to
the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering
the responsibility of the successful Contractor for future bids with the City.
14.4. Independent Contractor. Contractor is an independent contractor under this Contract.
Services provided by Contractor pursuant to this Contract shall be subject to the supervision of
Contractor. In providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties a
partnership or joint venture. Contractor hereby accepts complete responsibility as a principal for
its agents, Subcontractors, vendors, materialmen, suppliers, their respective employees, agents
and persons acting for or on their behalf, and all others Contractor hires to perform or to assist
in performing the Work.
14.5. Third Party Beneficiaries. Neither Contractor nor City intends to directly or substantially
benefit a third party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a claim against
either of them based upon this Contract. The parties expressly acknowledge that it is not their
intent to create any rights or obligations in any third person or entity under this Contract.
14.6. Severability. In the event a portion of this Contract is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or
Contractor elects to terminate this Contract. An election to terminate this Contract based upon
this provision shall be made within seven (7) days after the finding by the court becomes final.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida la-+w should arise, Florida law shall prevail.
SHIP REHABILITATION
OWNER/CONTRACTOR AGREEMENT
THIS AGREEMENT is hereby made this between the Owner(s),
and the Contractor, .The project address
.
The Owner and the Contractor agree to do the following:
ARTICLE 1. The Work
1.1 The Contractor shall perform all the work required by the Contract Documents for the
rehabilitation of the above-described property according to the work write-up, plans and specifications
provided by the State Housing Initiatives Partnership (“SHIP”) Program and the Owner.
ARTICLE 2. Time of Commencement and Completion
2.1 The Contractor shall, within 15 calendar days from the date of the issuance of the Notice
to Proceed, commence performance hereunder, and all work to be performed by the Contractor shall be
completed in accordance with the conditions, plans, and specifications within 30 calendar days of
issuance of the Notice to Proceed. The parties agree that a sum of $50.00 per calendar day shall be
deducted from the Contract Sum as liquidated damages for each day the project remains incomplete
beyond the date specified for completion. The deadline date for completion is .
ARTICLE 3. Contract Sum and Payment
3.1 The Owner, with loan proceeds provided by the City of Miami Beach (“City”), shall pay
the Contractor the total Contract sum of $ . The sum of the Contract is final. No
changes will be allowed once this contract is executed unless approved by the City.
3.2 Payments may be withheld on account of any one of the following: (1) defective work not
remedied; (2) claims filed; (3) failure to pass required Building Department inspections; (4) required
documents not submitted; and (5) unsatisfactory performance by the Contractor.
3.3 Final payment shall not be due until the Contractor has delivered to the Owner , and
approved by the City, guarantees and warranties, a complete release of all claims of lien, notices filed or
received in connection with the work , or receipts covering all labor, materials, and equipment for which a
lien could be filed, a payment and performance bond, if applicable, satisfactory to the Owner and the
SHIP Program.
3.4 Final payment shall constitute a waiver of all claims by the Owner , except those claims
presented in writing to the City prior to final payment, and the Contractor arising from: (1) unsatisfied
liens; (2) faulty or defective work appearing after substantial completion; (3) failure of the work to comply
with the requirements of the Contract Documents; or (4) substandard work violating
guarantees/warranties required by the Contract Documents. The acceptance of final payment shall
constitute a waiver of all claims by the Contractor except those previously made in writing an d still
unresolved at the time of final payment.
ARTICLE 4. Method of Payment
4.1 The Owner agrees to pay the Contractor in accordance with the payment schedule
submitted by the contractor. Work awarded on contracts of $10,000 or less shall have one final payment
processed at project completion. Contracts over $10,000 will be entitled to three payment draws. An
initial payment when 35% of the total project is completed. A second payment when 70% of the total
project is completed. And a final payment will be processed at project completion. No more than three
draws will be permitted. Each item requested on each payment draw including electrical, plumbing,
mechanical and roofing must have proper inspections at the time the draw request is made. T he
contractor must submit to the housing staff, proof of all required inspections.
4.2 One hundred (100%) percent completion is defined as all work being completed and
accepted by the Owner and the Housing Specialist and verified by the Building Departm ent, in writing.
The final payment will not be released until there is 100% completion of the work as so defined. Progress
payments and final payment are subject to final inspections by the SHIP Program Rehabilitation
Inspector. If the SHIP Program inspector recommends corrective action to be taken pursuant to this
Contract, then the Owner has the option to pay for the corrective work or deduct the cost of the corrective
work from the Contract sum.
ARTICLE 5. Contract Documents
5.1 The Contract Documents consist of this Agreement, the drawings, the specifications, all
addenda issued prior to the execution of this Agreement, all modifications, Change Orders, written
interpretations of the Contract Documents issued by the SHIP Program, and all appropri ate regulations
issued by the Florida Housing Finance Corporation governing rehabilitation or new construction work, and
the South Florida Building Code. The intention of the Contract Documents is to include all labor,
materials, equipment, tools, services, and other items as provided in paragraph 9.2 necessary or
reasonably implied for the proper execution and completion of the work and compliance with the terms
and conditions of payment.
5.2 The Contract Documents shall be executed in triplicate by t he Owner and the Contractor.
By executing the Contract, the Contractor represents that it has visited the site and familiarized itself with
the local conditions under which the work is to be performed, and all applicable regulations and
requirements of the SHIP Program and South Florida Building Code.
5.3 The term "work" as used in the Contract Documents includes all labor necessary to
perform the construction required by the Contract Documents, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 6. Supervision
6.1 The SHIP Program staff will make periodic visits to the site to monitor the progress and
quality of the work in order to assess compliance with the work write up. The City SHIP Program will not
be responsible for the means, methods, techniques sequences or procedures relating to the construction,
or for safety precautions and programs in connection with the work; nor shall the City be responsible for
the Contractor's failure to carry out the work in accordance with the Contract Documents.
6.2 The SHIP Program staff will attempt to adjudicate all claims and disputes between the
Owner and the Contractor. Unsettled claims or disputes between the O wner and the Contractor arising of
or related to the work shall be submitted to arbitration under the laws governed by the State of Florida.
Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and
shall be made within a reasonable time after a dispute has arisen. The award rendered by the Arbitrator
shall be final and judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof. The prevailing party may be entitled to recover all costs, includin g reasonable
attorney’s fees.
6.3 Work which does not conform to the Contract Documents and/or to the South Florida
Building Code shall be rejected by the Owner.
ARTICLE 7. Owner
7.1 The Owner may issue instructions to the Contractor through the SHIP Program staff, and
apprise the staff of any changes, discrepancies or problems that may arise during the term of the
Contract.
ARTICLE 8. Contractor
8.1 The Contractor must notify the SHIP Program staff, prior to commencing any
rehabilitation work, of any known or suspected hazardous, dangerous, toxic or radioactive substances,
including asbestos, on the property. The Owner will take all necessary measures to remove hazardous,
dangerous, toxic or radioactive substances from the site.
8.2 The Contractor shall supervise and direct the work using its best skills and attention.
The Contractor shall be solely responsible for all the means, methods, techniques, sequences, and
procedures relating to the construction, and for coordinating all portions of th e work under the Contract.
All work shall be performed in a workmanlike manner according to standard practices.
8.3 Unless otherwise specifically noted, the contractor shall provide and pay for all labor,
withholding and unemployment taxes, materials, equipment, tools, construction equipment and
machinery, transportation, and other facilities and services for the proper execution and completion of
work.
8.4 The Contractor shall at all times enforce strict discipline, s obriety, and good order among
its employees, and shall not employ any person or anyone not skilled in the task assigned to him /her.
8.5 The Contractor warranties to the Owner that all materials and equipment incorporated in
the work will be new unless otherwise specified and that all work will be of good quality free from faults
and defects, and in conformity with the Contract Documents. All work not in conformity with these
standards may be considered defective and the work may be rejected and/or appropriate deductions from
the Contract price shall be made accordingly.
8.6 The Contractor shall pay all sales, use, and other similar taxes required by law and shall
secure all permits, fees, and licenses necessary for the execution of the work.
8.7 The Contractor shall give all notices and comply with all laws, ordinances, rules
regulations, and orders of any public authority bearing on the performance of the work and shall notify the
SHIP Program staff if the drawings and specifications are at variance therewith.
8.8 The Contractor shall be responsible for the acts and omissions of its employees and all
other persons performing any of the work under the Contract at the request of , or direction of, the
Contractor or subcontractor.
8.9 The work shall be in accordance with approved samples and shop drawings.
8.10 The Contractor at all times shall keep the premises free from accumulation of waste
materials or rubbish caused by his activities. At the completion of the work, it shall remove all waste
materials and rubbish from and about the project as well as tools construction equipment, machinery, and
surplus materials, and shall clean all glass surfaces and shall leave the work "broom clean" or its
equivalent, except as otherwise specified.
8.11 The Contractor shall indemnify and hold harmless the Owner and the City, by and
through the SHIP Program, its and their employees, officials, representatives, agents and attorneys, from
and against all claims, damages, losses, and expenses including attorney's fees, cost and expenses (tri al,
appellate and administrative) arising out of or in connection with the performance of the work, provided
that any such claim damage or loss, or expense: (1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the work itself) including the loss of
use resulting there from; and (2) is caused in whole or in part by any negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder. In any and all claims against the Owner or against the City, its officials,
employees, agents, representatives or attorneys, by any employee of the Contractor, subcontractor,
anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be
liable, the indemnification obligation under this subparagraph shall not be limited in any wa y by any
limitation on the amount or type of damages, compensation on benefits payable by or for the Contractor
of any subcontractor under workers' compensation laws, disability benefit laws, or other employee benefit
laws. The obligation of the Contractor under this subparagraph shall not extend to the liability of the SHIP
Program, its agents or employees arising out of: (1) the preparation or approval of maps, drawings,
opinions, or (2) the giving of or the failure to give direction or instructions by t he SHIP Program, its agents
or employees; provided such acts or omissions are the primary cause of the injury or damage.
8.12 The Contractor shall guarantee all work performed for a period of one year from the date
of final acceptance. The Contractor shall furnish the Owner, in care of the SHIP Program, properly
completed manufacturers and supplier's written guarantees and warranties covering materials and
equipment furnished under this Contract. Any defects that appear within the one-year period and arise
out of defective or improper materials or workmanship shall, upon direction of the SHIP Program staff, be
corrected and made good by the Contractor at its expense. Contractors who fail to comply with the terms
of the warranty will be removed from the bidder’s list and reported to the Department of Professional
Regulation.
8.13 Other Federal, State and Local Requirements. The Contractor and/or subcontra ctor
agrees to adhere to all Federal, State and local requirements including but not limited to the SHIP
Program Regulations, Federal Labor Standard Provisions, if applicable, Section 3 Regulations, Equal
Employment Opportunity Affirmative Action requirements including 24 CFR Part 570 Section 602, which
require that no person shall be excluded from participation, be denied the benefits of or be subjected to
discrimination based on race, color, national origin, age, sex, religion or disability. Failure to s ite specific
Federal, State or local requirements shall not relieve the Contractor or subcontractor of compliance with
the appropriate regulation, if deemed applicable.
ARTICLE 9. Subcontractors
9.1 A subcontractor is a person who has a direct written con tract with the Contractor to
perform any of the work at the site.
9.2 Unless otherwise specified in the Contract Documents or in the instructions to the
Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the SHIP
Program, in writing, a list of the names of subcontractors proposed for the principal portions of the work.
The Contractor shall not employ a subcontractor to whom the SHIP Program or the Owner may have a
reasonable objection. The Contractor shall not be required to employ any subcontractor to whom he has
a reasonable objection. Contracts between the Contractor and the subcontractor shall be in accordance
with the terms of this Agreement and shall include the General Conditions of this Agreement inso far as
applicable. The contractor may not employ a subcontractor that is not licensed or insured in the trade
hired to work.
ARTICLE 10. Separate Contracts
10.1 The Owner does not reserve the right to award other contracts while this contract is
underway. All construction work will be limited to the work specified on the work write up to be pe rformed
by the contractor and its subcontractors.
10.2 The Contractor shall notify the City if other work is being performed at the site. The
contractor cannot enter into any contract with the owner for work other than what is specified on the work
write up during the term of the this contract.
ARTICLE 11. Royalties and Patents
11.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend all
suits or claims for infringement of any patent rights and shall hold the Owner harmless from loss on
account thereof.
ARTICLE 12. Time
12.1 Time is of the essence.
12.2 If the Contractor is delayed at any time in the progress of the work by changes ordered in
the work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond
the Contractor's control, or by any cause which the SH IP Program staff, may determine justifies the delay,
then the Contract time may be extended by a Change Order for such reasonable time as the SHIP
Program staff may determine. The Contractor must request such extension of time in writing prior to the
contract deadline. Contractors who do not submit extensions of time in writing before the contract
deadline will be fined in accordance with Article 2 of this contract.
ARTICLE 13. Protection of Person and Property
13.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the work. The Contractor shall make all reasonable
precautions in accordance with prevailing industry standards for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to: (1) all employees of the job and other persons
who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein;
and (3) other property at the site or adjacent thereto. The Contractor shall comply with all applicable
laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of
person or property, or to protect them from damage, injury, or loss. The Contractor wi ll be held
responsible for all damage or loss to any property caused in whole or in part by the Contractor, any
subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they
may be liable.
ARTICLE 14. Contractor's Liability Insurance
14.1 The Contractor shall purchase and maintain and shall ensure that each of its
subcontractors shall purchase and maintain such insurance as will protect each of them from claims from
worker's compensation laws and other employee be nefit laws, from claims for damage because of bodily
injury including death, and from claims for damages to property which may arise out of or result from the
Contractor's operation under this Contract, including any subcontractor or their respective emplo yees,
agents or representatives. This insurance shall be written for not less than any limits required by law, and
shall include liability insurance as applicable to the Contractor's obligations under paragraph 8.11.
14.2 The Contractor shall provide builders risk insurance to cover all losses in the event of
theft of materials from the project site during the terms of the Contract.
14.3 Certificates evidencing the above-required insurance shall be filed with the Owner and
the SHIP Program, prior to issuance of the Notice of Commencement.
ARTICLE 15. Owner's Insurance
15.1 The Owner shall be responsible for purchasing and maintaining its own liability insurance
and, at its option, may maintain such insurance as will protect it against claims which may arise from
activities under the Contract.
15.2 Flood Insurance Requirements. The owner shall be responsible for purchasing and
maintaining flood insurance, if the property is located in a Federal Emergency Management Act 100 -year
flood plain zone. The insurance will be maintained active for the duration of the lien filed in connection
with this project.
ARTICLE 16. Changes in the Work
16.1 Once this contract has been executed, no changes to the work will be allowed. Under
extreme circumstances, when the City/County determines that changes must be made to this contract,
any approved alterations, deletions, or deviations from this Contract will be executed upon a written
change order signed by the Owner, Contractor, Rehabilitation Specialist and the SHIP Program
Administrator. Such Change Orders and resulting cost changes, if any, will be made part of the original
Contract and will be limited to 10% of the cost of the line item. However, no extra costs will be paid if the
Contractor has neglected to properly evaluate the extent of the work. Work performed prior to the
execution of a Change Order will not be paid.
16.2 The Contract sum and the Contract time may be changed only by written Change Order.
16.3 The cost or credit to the Owner from a change in the work shall be determined by mutual
agreement of the Owner, Contractor and SHIP Program.
ARTICLE 17. Correction of Work
17.1 The Contractor shall correct any work that fails to comply with the requirements of the
Contract Documents where such failure to comply appears during the progress of the work, and shall
remedy any defects due to faulty materials, equipment, or workmanship which appear within a period of
one (1) year from the date of final payment of the Contract or within such longer period of time as may be
prescribed by law or by the terms of any applicable special guarantee required by the Contract
Documents. The provisions of this Article 17 apply to work done by subcontractors as well as to work
done by employees of the Contractor.
ARTICLE 18. Prohibition, Use, and Elimination of Lead-Based Paint Hazard
18.1 No Contractor or subcontractor shall use or permit the use of lead-base paint on
applicable surfaces. Every Contract and subcontract shall contain a prohibition on the use of lead -based
paint.
18.2 Defective paint shall be presumed to be lead-based and deemed a health hazard that
must be corrected, unless testing shows that lead is not present in the paint at a level above one (1%)
percent.
18.3 All applicable surfaces identified in subparagraph 18.4(b) as health hazards shall receive
adequate treatment to protect against the ingestion of the contaminated paint. Particu lar care shall be
taken to correct conditions of cracking, scaling, peeling, and loose paint on walls, ceilings, doors,
windows, trim, stairs, railings, cabinets, and piping. All such surfaces that require treatment shall be
thoroughly washed, sanded, scraped, or wire brushed; so as to remove all cracking, scaling, peeling, and
loose paint before repainting. As a minimum, these surfaces must receive two coats of a suitable non -
lead based paint. Where it is not feasible to control or correct the cracking, scaling, peeling, or loosening
of the lead-based paint and where the film integrity of the treated surfaces cannot be maintained, the
paint of these surfaces shall be removed or covered with materials such as hardboard, plywood, drywall,
plaster, or other suitable materials.
18.4 Definitions
(a) "lead-based paint" as defined in section 501(3) of the Lead-Based Paint Poisoning
Prevention Act [42 U.S.C. § 4341(3)] means any paint containing more than one (1%) percent lead by
weight (calculated as lead-metal) in the total nonvolatile content of liquid paints or in the dried film of paint
already applied.
(b) "Applicable surface" means all interior surfaces and those exterior surfaces, such as
stairs, decks, porches, railings, windows, and doors, which ar e readily accessible to children under seven
(7) years of age [42 CFR 90.2(g)].
ARTICLE 19. Termination by the Owner
19.1 If the Contractor defaults or neglects to carry out the work in accordance with the
Contract Documents or fails to perform any provisions of the Contract, as determined by the Owner or the
SHIP Program staff, the Owner may, after seven (7) days written notice specifying the default to the
Contractor, correct deficiencies and deduct the cost thereof from the payment then or thereafter due the
Contractor or, at his option, terminate the Contract and complete the Contract, and if expenses of
completion exceed the unpaid balance, the Contractor shall be liable for the difference.
ARTICLE 20. Conflict of Interest
20.1 Contractor is aware of the conflict of interest laws of the State of Florida, particularly,
Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban
Development, particularly 24 CFR Part 570 § 570.611, and agrees that it shall fully comp ly in all respects
with those provisions.
ARTICLE 21. Notices
21.1 All notices shall be sent to the parties at the following addresses:
Owner: ________________________________
________________________________
________________________________
________________________________
Contractor: ________________________________
________________________________
________________________________
________________________________
With Copy To: City of Miami Beach
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, FL 33139
ATTN: Director
or such address and to the attention of such other person as each party may from time to time designate
by written notice to the other parties.
ARTICLE 22. Venue
22.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida,
both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the
U.S. District Court, Southern District of Florida, if in federal court.
ARTICLE 23. Waiver of Jury Trial
23.1 By entering into this agreement, owner and contractor expressly waive any rights either
party may have to a trial by jury of any civil litigation related to, or arising out of, this agreement.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to
be executed by duly authorized officials on the date first above written.
Signed, sealed and delivered in the presence of:
Owner
Witness Signature
Printed Name: _______
Witness
Printed Name:_____________________
If Contractor is an individual:
Contractor:
By:
Witness
Printed Name: Address:
Witness
Printed Name:
If Contractor is a Corporation:
Attest: Contractor:
Address:
Corporate Secretary
Printed Name:_____________________
(Seal) By: