Contract with Amici Engineering Contractors LLCDocusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
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CONTRACT
[a 299,282p
Jen C2D
Contract No.24-481-01
12/30/2024 I 5:51 EST
THIS CONTRACT ("Contract")is made and entered into as of the y
and between the City of Miami Beach,Florida,a municipal corporation (the "City")and
AMICI ENGINEERING CONTRACTORS LLC (the "Contractor"):
WITNESSETH,that the Contractor,for and in consideration of the payments hereinafter
specified and agreed to be made by the City,hereby covenants and agrees to furnish and
deliver all the materials required,to do and perform all the work and labor,in a satisfactory
and workmanlike manner,required to complete this Contract within the time specified,in
strict and entire conformity with the Plans,Specifications,and other Contract Documents,
which are hereby incorporated into this Contract by reference,for:
ITB-2024-481-JP SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN
REPLACEMENT
The Contractor agrees to make payment of all proper charges for labor and materials
required in the aforementioned work,and to 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.
The requirements of the Contract Documents,as such term is defined in the Invitation to
Bid are hereby incorporated by reference to the General Conditions for Construction
Contracts dated April 13,2020,and Formal Solicitation Terms &Conditions -Goods and
Services dated October 27,2022,are hereby incorporated by reference as if fully set forth
herein.Without limiting the foregoing,the Contract Documents expressly include this
Contract,Composite Attachment A (the City's General Conditions for Construction
Contracts,Formal Solicitation Terms &Conditions-Goods and Services),Attachment B (Plans
and Specifications,Invitation to Bid No.2024-481-JP and all Addenda thereto),
Attachment C (Sunbiz Entity Detail and Contractor's Response to the 1TB),and
Attachment D (Insurance requirements).For the avoidance of doubt,all of the documents
constituting the Contract Documents now or hereafter existing (including any Change
Orders,Work Orders,Field Orders,schedules,shop drawings,issued subsequent to the
date of this Contract etc.)shall govern this Project.The Anti-Human Trafficking Affidavit is
hereby incorporated into this Agreement as Exhibit A
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Contract No.24-481-01
In consideration of these premises,the City hereby agrees to pay to the Contractor for the
work,when fully completed,the total maximum sum of three million eight hundred twenty-
two thousand five hundred forty-one dollars and twenty-five cents ($3,822,541.25).The
Contract Price,consists of the following accepted items or schedules of work as taken
from the Contractor's Bid Submittal:
Total Base Bid+Indemnification $3,360,037.50
Total Perm it Allowance Account $25,000.00
Off-Duty Police Officer Allowance...........................................................$90,000.00
Total Alternate Items (if applicable)...............................................................NONE
Total Owner's Contingency $347,503.75
Contract Price $3,822,541.25
The Contract Price,exclusive of the Owner's Contingency and Permit Allowance,includes,
without limitation,all costs for all labor,materials,equipment,fixtures,freight,field
supervision,supervisory expenses,project vehicles,field office and equipment,postage
and delivery,safety and first aid,telephone,transportation of employees,parking,
insurance,taxes,preparation and maintenance of the construction schedule and the
preparation of as-built and shop drawings,as well as Contractor's overhead and profit
required for completion of all the Work in accordance with the requirements of the Contract
Documents,including work reasonably inferable therefrom,even if such items of Work are
not specifically or expressly identified as part of a line item in the Bid Price Form.The
Contract Price is subject to such additions and deductions as may be provided for in the
Contract Documents.Progress and Final Payments will be made as provided for in the
Contract Documents.
Contract Time:
Contract Time and Schedule
Days for Substantial Completion:180 calendar days
Days for Final Completion:40 calendar days
Liquidated Damages (as applicable)
Failure to achieve Substantial Completion:$2,650.00/day
Failure to achieve Final Completion:$1,325.00/day
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
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Contract No.24-481-01
Whenever either party desires to give notice to the other,such notice must be in writing,
sent by certified United States Mail,postage prepaid,return receipt requested,or by hand-
delivery with a request for a written receipt of acknowledgment of delivery,addressed to
the party for whom it is intended at the place last specified.
The place for giving notice shall remain the same as set forth herein,unless such notice
information is revised in a Contract amendment duly executed by the City and the
Contractor.For the present,the parties designate the following:
For City:
City of Miami Beach
Public Works Department -Engineering Division
1700 Convention Center Drive
Miami Beach,FL 33139
Attn:Bradford Kaine,Interim Public Works Director
Ph:305-673-7616 ext.3541
Email:bradfordkaine@miamibeachfl.gov
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach,FL 33139
Attn:Ricardo Dopico,City Attorney
Ph:305-673-7000
Email:ricardodopico@miamibeachf]_gov
For Contractor:
AMICI ENGINEERING CONTRACTORS LLC
Attn:Juan Barreneche
9480 SW 77 Ave,Suite 103
Miami,FL 33156
Ph:954-650-4699
Email:juanb@imiciec.com
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Contract No.24-481-01
IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by
their appropriate officials as of the date first above written.
FOR CITY:
ATTEST:CITY OF MIAMI BEACH,FLORIDA
IEE «.»
}/.FAB8BAOBFBsE4GF..
Rafael E.Granado,City Clerk
12/30/2024 I 5:51 ESTDate:-------------
Eric Carpenter City Manager
[seal}
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
/it«@...zlogp)City Attorney r Date
FOR CONTRACTOR:
NTRACTORS LLC
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[seal]
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EXHIBIT A
Certification of Compliance with Anti-Human Trafficking Laws
In accordance with Section 787.06 (13),Florida Statutes,the undersigned,on behalf of
the entity named below ("Entity"),hereby attests under penalty of perjury that the Entity
does not use coercion for labor or services as defined in Section 787 .06,Florida Statutes,
entitled "Human Trafficking".
I understand that I am swearing or affirming under oath to the truthfulness of the claims
made in this affidavit and that the punishment for knowingly making a false statement
includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Entity.
Amici Engineering Contractors,LLC
Jua Barreneche
(Print Name)
(Company Name)
9480 SW 77th Ave,Suite 103,Miami,FL 33156
(Address)
State of
County of
Florida
Pasco
The foregoing instrument was acknowledged before me by means of□physical presence
or online notarization,th'2/192%JuanBarreneche
known to me to be the person described herein,or who produced
Personally Known as identification,and who did/did not take an oath.
NOTARY PUBLIC:NICHOLAS ROBERT LAZZARI
,Notary Public -State ot Florida
Commission #HH 113023
My Comm.Epires Apr 4,2025
Bonded throughNational Notary Assn.
(Signature
Nicholas Lazzari
(Print Name)
My commission expires:4/4/25
Oocusign Envelope ID:425AF80C-7268-40D06-953C-522A732CD02F
ATTACHMENT A
CITY OF MIAMI BEACH TERMS &CONDITIONS
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
M IAM I BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
1.GENERAL DISCLAIMERS.
a.The solicitation referenced herein is being furnished to the Bidders by the City of Miami Beach (the "City")for the Bidder's
convenience.It is the responsibility of the recipient to assure itself that information contained herein is accurate and
complete.The City does not provide any assurances as to the accuracy of any information in this solicitation.Any reliance
on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Bidders should
rely exclusively on their own investigations,interpretations,and analyses.Bidders are expected to examine the terms,
conditions,specifications,delivery schedules,proposed pricing,and other all instructions pertaining to the goods relative to
this solicitation.Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive.All expenses
involved with the preparation and submission of bid,or any work performed in connection therewith,shall be the sole
responsibility (and shall be at the sole cost and expense)of the Bidders,and shall not be reimbursed by the City.
b.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,
its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Bid conforming
to these requirements will be selected for consideration,negotiation,or approval.Any individual that submits a bid in
response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,
or in making any award,or in failing or refusing to make any award pursuant to such bid,or in cancelling awards,or in
withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or
obligation on the part of the City.
c.It is the responsibility of each Bidders,before submitting a Bid,to:examine the solicitation thoroughly;visit the site or
structure,as applicable,to become familiar with conditions that may affect costs,progress,performance or furnishing of the
Work;take into account federal,state and local (City and Miami-Dade County)laws,regulations,permits,and ordinances
that may affect costs,progress,performance,furnishing of the Work,or award;study and carefully correlate Bidder's
observations with the solicitation.The Bidders shall notify the Chief Procurement Officer of all conflicts,errors,or
discrepancies in the solicitation of which Bidders knows or reasonably should have known.The submission of a Bid shall
constitute an incontrovertible representation by Bidders that Bidders has complied with the above requirements and that
without exception,the Bid is premised upon performing and furnishing the Work required by the solicitation and that the
solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions
for performance and furnishing of the Work.
d.Any action taken by the City in response to bids received pursuant to this solicitation,or in making any award,or in failing
or refusing to make any award pursuant to such bid,or in cancelling awards,or in withdrawing or cancelling this solicitation,
either before or after issuance of an award,shall be without any liability or obligation on the part of the City.In its sole
discretion,the City may withdraw the solicitation either before or after receiving bids,may accept or reject bids,and may
accept bids which deviate from the solicitation,as it deems appropriate and in its best interest.The City may postpone the
deadline for submittal of bids and may,but is not required to,make a reasonable effort to give at least three (3)calendar
days electronic notice of any such postponement.
e.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting bid in
response to this solicitation.
f.Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions (as applicable),which may
be found on the City Of Miami Beach Procurement Department website at https://www.miamibeachfl.gov/City-
hall/procurement/procurement-related-ordinance-and-procedures/,
Requirement
Cone of Silence
Protest Procedures
Debarment Proceedings
Lobbyist Registration and Disclosure of Fees
Campaign Contributions by Vendors
Campaign Contributions by Lobbyists
Equal Benefits for Domestic Partners
Living Wage Requirement
False Claims Ordinance
Acceptance of Gifts,Favors &Services
Purchase of Goods and Services Sourced in
Mississippi
Non-discrimination (boycotts)
Code Section or Resolution
2-486
2-371
2-481 through 2-406
2-397 through 2-485.3
2-487
2-488
2-373
2-407 through 2-410
70-300
2-449
Resolution 2016-29375
2016-3990
2.ACCEPTANCE QF GIFTS,_FAORS,SERVICES.Bidders shall not offer any gratuities,favors,or anything of monetary value
to any official,employee,or agent of the City,for the purpose of influencing consideration of this Bid.Pursuant to Sec.2-449 of
the City Code,no offlcer or employee ot the Glty shall accept any gtt,tavor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
3.ASSIGNMENT.No contract shall be assigned,transferred,conveyed,sublet or otherwise disposed,including any or all right,
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(October 27,2022)
title or interest therein,or power to execute such contract,to any person,company or corporation,without the prior written consent
of the City.
4.C A N C E L LA T IO N .In the event any of the provisions of this Bid are violated by the Bidders,the City shall give written notice to
the Bidders stating such deficiencies and,unless such deficiencies are corrected within ten (10)calendar days from the date of
the City's notice,the City,through its City Manager,may declare the contract in default and terminate same,without further notice
required to the Bidders.Notwithstanding the preceding,the City,through its City Manager,also reserves the right to terminate
the contract at any time and for any reason,without cause and for convenience,and without any monetary liability to the City,
upon the giving of thirty (30)days prior written notice to the Bidders.
5.C O M P LI A N C E W IT H TH E CITY 'S LO B BY IST LA W S.This solicitation is subject to,and all Bidders are expected to be or
become familiar with,all City lobbyist laws.Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied
with,and shall be subject to any and all sanctions,as prescribed therein,including,without limitation,disqualification of their
responses,in the event of such non-compliance.
6.D E FA U L T.Failure or refusal of the successful Bidders to execute a contract following approval of such contract by the City
Commission,or untimely withdrawal of a bid response before such award is made and approved,may result in a claim for
damages by the City,and may be grounds for removing the Bidders from the City's vendor list.
7.D E M O N S TRA T IO N O F C O M PETEN C Y .Pursuant to Section 2-369 of the City Code,_when determining the lowest and best
Bidders,in addition to price,there shall be a consideration of the following:(1)the ability,capacity and skill of the Bidders to
perform the contract;(2)whether the Bidders can perform the contract within the time specified,without delay or interference;
(3)the character,integrity,reputation,judgment,experience and efficiency of the Bidders;(4)the quality of performance of
previous contracts;and (5)the previous and existing compliance by the Bidders with laws and ordinances relating to the
contract.In doing so,the City may take any and all actions in deems necessary,including consideration of any legal,financial,
operational (facilities,staffing and equipment)factor that may impact the Bidder's ability to successfully perform the contract,
and the City may contact any prior or current client,employee or agent of the Bidders.
a.The City reserves the right to request supplemental information from Bidders at any time during the solicitation process,
unless otherwise noted.
8.D IS PU T ES.In the event of a conflict between the documents,the order of priority of the documents shall be as follows:
a.Any contract or agreement resulting from the award of this solicitation;then
b.Addendum issued for this solicitation,with the latest Addendum taking precedence;then
c.The solicitation;then
d.The Bidder's bid in response to the solicitation.
In case of any doubt or difference of opinion as to the items and/or goods (as the case may be)to be furnished hereunder,the
decision of the City shall be final and binding on all parties.
9.ELI M IN A T IO N FR O M C O N SID ERA TIO N .This bid shall not be awarded to any person or firm who is in arrears to the City upon
any debt,taxes,or contracts which are defaulted as surety or otherwise upon any obligation to the City.
10.EM ER G EN C Y R ES PO N SE PR IO R ITY .It is hereby made a part of this solicitation that before,during,and after a public
emergency,disaster,hurricane,tornado,flood,or other acts of force majeure that the City of Miami Beach,Florida shall receive
a "First Priority"for any goods and services covered under any award resulting from this solicitation,including balance of line
items as applicable.It is vital and imperative that the majority of citizens are protected from any emergency situation that
threatens public health and safety,as determined by the City.By virtue of submitting a response to this solicitation,vendor
agrees to provide all award-related goods and services to the City on a "first priority"under the emergency conditions noted
above.
11.ESTI M A TED Q U A N TITIES.Estimated quantities or estimated dollars,if provided,are for City guidance only.No guarantee is
expressed or implied as to quantities or dollars that will be used during the contract period.The City is not obligated to place any
order for a given amount subsequent to the award of this Bid.Estimates are based upon the City's actual needs and/or usage
during a previous contract period.The City may use said estimates for purposes of determining whether the low Bidders meets
specifications.
12.EN V IR O N M E N TA L R EG U LA TIO N S.The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility,and further reserves the right to declare a Bidders not
responsible if the history of violations warrants such determination in the opinion of the City.Bidder shall submit with its proposal,
a complete history of all citations and/or violations,notices,and dispositions thereof.The non-submission of any such
documentation shall be deemed to be an affirmation by the Bidders that there are no citations or violations.Bidders shall notify
the City immediately of notice of any citation or violation which Bidders may receive after the proposal opening date and during
the line ul pe rform a nc e of any conlracl awarded lo lt.
13.EX C EPT IO N S TO SO LI C ITA TIO N .Bidders must clearly indicate any exceptions they wish to take to any of the terms in the
solicitation,and outline what,if any,alternative is being offered.All exceptions and alternatives shall be included and clearly
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(October 27,2022)
delineated,in w riting,in the bid subm ittal.The C ity ,at its sole and absolute discretion,m ay accept or reject any or all exceptions
and altern atives.In cases in w hich exceptions and altern atives are rejected,the C ity shall require the Bidders to com ply with the
particular term and/or condition of the solicitation to w hich Bidders took exception to (as said term and/or condition was originally
set fo rth in the solici tation and any exhibits or Addenda thereto).
14 .FL O R ID A PU B LI C R EC O R D S LA W .Bidders are hereby notified that all bids including,w ithout lim itation,any and all info rm ation
and docum entation subm itted therew ith,are exem pt from public records requirem ents under Section 119.07(1),Florida Statutes,
and s.24(a),Art.1 of the State C onstitution until such tim e as the C ity pro vides notice of an intended decision or until thirty (30)
days aft er opening of the bids,w hichever is earlier.Additionally,Bidders agrees to be in full com pliance with Florida Statute
119 .0701 incl uding,but not lim ited to,agreem ent to (a)Keep and m aintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the goods;(b)pro vide the public w ith access to public records on the sam e
term s and conditions that the public agency w ould provide the records and at a cost that does not exceed the cost pro vided in
this chapter or as otherw ise provided by law ;(c)Ensure that public records that are exem pt or confidential and exem pt from
public records disclosure requirem ents are not disclosed except as authorized by law ;(d)M eet all requirem ents fo r retaining
public records and transfer,at no cost,to the public agency all public records in possession of the Bidders upon term ination of
the contract and destro y any duplicate public records that are exem pt or confidential and exem pt from public records disclosure
re quirem ents.A ll records stor ed electro nically m ust be pro vided to the public agency in a form at that is com patible w ith the
info rm ation technology system s of the public agency.
15 .JO IN T V EN T U R ES /SIN G L E PU R PO SE EN TI TY .Joint V entures are not allow ed.bid shall be subm itted only by the prim e
contractor.Bidders m ay,how ever,identify sub-contractors or sub-consultants to the prim e Bidders w ho m ay serv e as team
m em bers .
16 .FO R C E M A JE U R E.
a.A "F orce M ajeure"event is an event that (i)in fact causes a delay in the perform ance of the Contractor or the City 's
obligations under the Agreem ent,and (ii)is beyond the reasonable contro l of such party unable to perform the obligation,
and (iii )is not due to an intentional act,error,om ission,or negligence of such party ,and (iv)could not have reasonably
been fo reseen and prepared fo r by such party at any tim e prior to the occurrence of the event.Subject to the fo regoing
criteria,Forc e M ajeure m ay include events such as w ar,civil insurrection,riot,fires,epidem ics,pandem ics,terrorism ,
sabotage,explosions,em bargo restrictions,quarantine restrictions,transportation accidents,strikes,strong hurricanes or
torn adoes,earthquakes,or other acts of G od w hich prevent perform ance.Force M ajeure shall not include technological
im possibility ,inclem ent w eather,or fa ilure to secure any of the required perm its purs uant to the Agreem ent.
b.If the C ity or C ontractor's perform ance of its contractual obligations is prevented or delayed by an event believed by to be
Force M ajeure,such party shall im m ediately,upon learn ing of the occurrence of the event or of the com m encem ent of any
such delay,but in any case w ithin fifteen (15)business days thereof,pro vide notice:(i)of the occurrence of event of Force
M ajeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated im pact on the Agreem ent,(iv)of the
anticipated period of the delay,and (v)of w hat course of action such party plans to take in order to m itigate the detrim ental
eff ects of the event.T he tim ely delivery of the notice of the occurrence of a Force M ajeure event is a condition precedent
to allow ance of any relief purs uant to this section;how ever,receipt of such notice shall not constitute acceptance that the
event claim ed to be a Force M ajeure event is in fact Force M ajeure,and the burden of proof of the occurrence of a Force
M ajeure event shall be on the requesting party.
c.T he C ity m ay,thro ugh its C ity m anager,in its sole and absolute discretion,m ake am endm ent or equitable adjustm ent in
the contract term s and conditions and/or pricing to address very lim ited unfo reseen circum stances outside of the successful
Bidder's contro l relating to certain supply chain issues and extrem e m arket volatility .The C ity m ay,through its City M anager,
but shall have no obligation to consider or otherw ise appro ve an adjustm ent,w here pricing or availability of supply is affected
by extrem e or unfo reseen volatility in the m arketplace satisfy ing,at a m inim um ,all of the fo llow ing criteria:1)the volatility
is due to causes w holly beyond the successful Bidder's control;2)the volatility affects the entire m arketplace or industry ,
not just the particular successful Bidder's source of supply;3)the effect on pricing or availability of supply is substantial;
and 4)the volatility so affects the successful Bidders that continued perform ance of the Contract w ould result in an excessive
or unreasonable substantial loss or financial hardship to the Bidders,such as,fo r exam ple,an event im plicating insolvency
or bankruptcy.A ny adjustm ent w ould require irr efutable evidence and w ritten approval by the C hief Procurem ent O fficer.
For the avoidance of doubt,this section does not in any w ay alter or affect the allocation of risk betw een the City and the
Bidders purs uant to the C ontract,or Bidder's assum ption of all risks relating to its perform ance in accordance with the
C ontract term s.
d.No party hereto shall be liable fo r its failure to carry out its obligations under the Agreem ent during a period when such party
is rendered unable,in w hole or in part,by Force M ajeure to carry out such obligations.The suspension of any of the
obligations under this Agreem ent due to a Force M ajeure event shall be of no greater scope and no longer duration than is
required.T he party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such
obllgatlons are no t affected or are only partially attected by the Force M ajeure event,and to correct or cure the event or
condition excusing perform ance and otherw ise to rem edy its inability to perform to the extent its inability to perform is the
direct result of the Force M ajeure event w ith all reasonable dispatch.
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TERMS AND CONDITIONS -GOODS &SERVICES
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e.Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension
of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not
reasonably possible.The obligation to pay money in a timely manner for obligations and liabilities which matured prior to
the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions.
f.Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may,at the
sole discretion of the City Manager,suspend the City's payment obligations under the Agreement,and may take such action
without regard to the notice requirements herein.Additionally,in the event that an event of Force Majeure delays a party's
performance under the Agreement for a time period greater than thirty (30)days,the City may,at the sole discretion of the
City Manager,terminate the Agreement on a given date,by giving written notice to Contractor of such termination.If the
Agreement is terminated pursuant to this section,Contractor shall be paid for any Services satisfactorily performed up to
the date of termination;following which the City shall be discharged from any and all liabilities,duties,and terms arising out
of,or by virtue of,this Agreement.In no event will any condition of Force Majeure extend this Agreement beyond its stated
term.
17.IN D EM N IF IC A TIO N .The bidder shall indemnify and hold harmless the City and its officers,employees,agents and
instrumentalities from any and all liability,losses or damages,including attorney's fees and costs of defense,which the City or
its officers,employees,agents or instrumentalities may incur as a result of claims,demands,suits,causes of actions or
proceedings of any kind or nature arising out of,relating to or resulting from the performance of the agreement by the bidder or
its employees,agents,servants,partners,principals or subcontractors.The bidder shall pay all claims and losses in connection
therewith,and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where
applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees which may be incurred
thereon.The bidder expressly understands and agrees that any insurance protection required by any agreement with the City
or otherwise provided by the bidder shall in no way limit the responsibility to indemnify,keep and save harmless and defend the
City or its officers,employees,agents and instrumentalities as herein provided.The above indemnification provisions shall survive
the expiration or termination of this Agreement.
18.IN S PEC TIO N .A C C E PTA N C E &TITLE.Inspection and acceptance will be at destination,unless otherwise provided.Title to
(or risk of loss or damage to)all items shall be the responsibility of the successful Bidders until acceptance by the City unless
loss or damage results from the gross negligence or willful misconduct of the City.
If any equipment or supplies supplied to the City are found to be defective,or do not conform to the specifications,the City
reserves the right to cancel the order upon written notice to the seller,and return the product,at the Bidder's expense.
19.IN S PEC TO R G E N ERA L A U D IT R IG HTS.
a.Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector
General which may,on a random basis,perform reviews,audits,inspections and investigations on all City contracts,
throughout the duration of said contracts.This random audit is separate and distinct from any other audit performed by or
on behalf of the City.
b.The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present,and
proposed City programs,accounts,records,contracts,and transactions.In addition,the Inspector General has the power
to subpoena witnesses,administer oaths,require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the project is on time,within
budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power
to audit,investigate,monitor,oversee,inspect and review operations,activities,performance and procurement process
including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor,its
officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the Contract Documents
and to detect fraud and corruption.Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the Office of Inspector General.
c.Upon ten (10)days written notice to the Contractor,the Contractor shall make all requested records and documents
available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services
of independent private sector auditors to audit,investigate,monitor,oversee,inspect and review operations activities,
performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)
submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
d.The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,
custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including,but not
limited to original estimate files,change order estimate files,worksheets,proposals and agreements from and with
successful subcontractors and suppliers,all pro ject-related correspondence,memoranda,instructions,financial ducurenils,
construction documents,(bid/proposal)and contract documents,back-change documents,all documents and records which
involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records
and supporting documentation for the aforesaid documents and records.
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(October 27,2022)
e.The Contractor shall make available at its office at all reasonable times the records,materials,and other evidence regarding
the acquisition (bid preparation)and performance of this contract,for examination,audit,or reproduction,until three (3)
years after final payment under this contract or for any longer period required by statute or by other clauses of this contract.
In addition:
i.If this contract is completely or partially terminated,the Contractor shall make available records relating to the work
terminated until three (3)years after any resulting final termination settlement;and
ii.The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under
or relating to this contract until such appeals,litigation,or claims are finally resolved.
f.The provisions in this section shall apply to the Contractor,its officers,agents,employees,subcontractors,and suppliers.
The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the
Contractor in connection with the performance of this contract.
g.Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The
provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor
or third parties.
20.LAWS,PERMITS AND REGULATIONS.The Bidders shall obtain and pay for all licenses,permits,and inspection fees required
to complete the work and shall comply with all applicable laws.
21.LIABILITY,INSURANCE,LICENSES AND PERMITS.Where Bidders are required to enter or go on to City of Miami Beach
property to deliver materials or perform work or services as a result of the Bid,the Bidders will assume the full duty,obligation
and expense of obtaining all necessary licenses,permits,and insurance,and assure all work complies with all Applicable Laws.
The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders,or his/her officers,
employees,contractors,and/or agents,for failure to comply with Applicable Laws.
22.MANNER OF PERFORMANCE.Bidders agrees to perform its duties and obligations in a professional manner and in accordance
with all applicable Local,State,County,and Federal laws,rules,regulations,and codes.Lack of knowledge or ignorance by the
Bidders with/of applicable laws will in no way be a cause for relief from responsibility.Bidders agrees that the work and goods
provided shall be provided by employees that are educated,trained,experienced,certified,and licensed in all areas
encompassed within their designated duties.Bidders agrees to furnish to the City any and all documentation,certification,
authorization,license,permit,or registration currently required by applicable laws,rules,and regulations.Bidders further certifies
that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws
or regulations in full force and effect during the term of this contract.Failure of Bidders to comply with this paragraph shall
constitute a material breach of this contract.
23.MODIFICATION/WITHDRAWALS OF BIDS.A Bidders may submit a modified bid to replace all or any portion of a previously
submitted Bid up until the Bid due date and time.Modifications received after the bid due date and time will not be considered.
bid shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date,or after expiration of 180
calendar days from the opening of bid without a contract award.Letters of withdrawal received after the Bid due date and before
said expiration date,and letters of withdrawal received after contract award will not be considered.
24.MULTIPLE AWARD.The City may award two or more vendors (primary,secondary,tertiary,or higher),as available,by line
item,by group or in its entirety,beginning with lowest,responsive,responsible Bidders (primary),followed by the second lowest,
responsive,responsible Bidders (secondary),and continuing with other responsive,responsible Bidders in order of next best
cost.The City will endeavor to utilize vendors in order of award.However,the City may utilize other vendors in the event that:
1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2)it is in the best interest
of the City to do so regardless of reason.
25.NON-CONFORMANCE TO CONTRACT CONDITIONS.Items may be tested for compliance with specifications.Items
delivered,not conforming to specifications,may be rejected,and returned at the Bidder's expense.These items,as well as items
not delivered as per delivery date in bid and/or purchase order,may be purchased by the City,at its discretion,on the open
market.Any increase in cost may be charged against the Bidders.Any violation of these stipulations may also result in the
Bidder's name being removed from the City's vendor list.
26.NON-DISCRIMINATION.The Bidders certifies and affirms that ii is in compliance with and will be bound by the Section 202,
Executive Order 11246,as amended by Executive Order 11375,relative to equal employment opportunity for all persons without
regard to race,color,religion,sex or national origin.
27.NON-EXCLUSIVITY.To the extent applicable,it is the intent of the City to purchase the goods or services specifically listed in
the solicitation.However,the City reserves the right to purchase any goods or services awarded from any other governmental
nor nonnrative contract,or on the open market.
28.OCCUPATIONAL HEALTH AND SAFETY.The Bidders warrants to the City that any work,goods,supplies,materials or
equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and
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(October 27,2022)
H ealth A ct of 1970,as am ended,and the failure to com ply w ith this condition w ill be deem ed breach of contract.A ny fines levied
because of inadequacies to com ply w ith this condition shall be born e solely by the Bidders.
29.OBSERVANCE OF LAWS.Bidders are expected to be fam iliar w ith,and com ply w ith,all Federal,State,County,and City laws,
ordinances,codes,rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which,
in any m anner,m ay affect the scope of goods and/or pro ject contem plated by this solicitation (incl uding,w ithout lim itation,the
A m ericans w ith D isabilities Act,T itle V II of the C ivil R ights Act,the EEO C U nifo rm G uidelines,and all EEO regulations and
guidelines).Ignorance of the law (s)on the part of the Bidders w ill in no w ay relieve it fro m responsibility fo r com pliance.
30.OPTIONAL CONTRACT USAGE.W hen the successful Bidders agrees,other units of govern m ent or non-pro fit agencies m ay
part icipate in purchases purs uant to the aw ard of this contract at the option of the unit of govern m ent or non-pro fit agency.
31.OSHA.T he Bidders w arrants to the C ity that any w ork ,serv ices,supplies,m aterials or equipm ent supplied pursuant to this Bid
shall confo rm in all respects to the standards set fo rth in the O ccupational Safety and Health Act of 1970,as am ended,and the
failure to com ply w ith this condition w ill be deem ed breach of contract.A ny fines levied because of inadequacies to com ply with
this condition shall be born e solely by the Bidders.
32.OTHER TERMS AND CONDITIONS.A ny order purs uant to the contract that includes term s and conditions other than those
expressly appro ved in this solicitation or contract shall be null and void and rejected by the C ity .
33.PAYMENT.Paym ent w ill be m ade by the C ity after the goods have been received,inspected,and fo und to com ply w ith contract
specifications,free of dam age or defect,and are properly invoiced.
34 .PATENTS &ROYALTIES.Bidder shall indem nify and save harm less the City of M iam i Beach,Florida,and its officers ,
em ployees,contractors,and/or agents,from liability of any nature or kind,including cost and expenses fo r,or on account of,any
copyrighted,patented,or unpatented invention,pro cess,or article m anufactured or used in the perform ance of the contract,
incl uding its use by the C ity of M iam i Beach,Fl orida.If the Bidders uses any design,device or m aterials covered by letters,
patent,or copyright,it is m utually unders tood and agreed,w ithout exception,that the Bid prices shall incl ude all ro yalties or cost
arising from the use of such design,device,or m aterials in any w ay involved in the w ork.
35.PRICES QUOTED.Prices quoted shall rem ain firm and fixed during the duration of the contract.In com pleting the bid fo rm ,
state both unit price and extended total,w hen requested.Prices m ust be stated in units of quantity speci fied in the bidding
specifications.In case of discrepancy in com puting the am ount of the bid,the UN IT PR IC E quoted w ill govern .All prices m ust
be F.O .B .destination,freight prepaid (unless otherw ise stated in Special C onditions).The Bidders m ay offer cash discounts fo r
pro m pt paym ents;how ever,such discounts w ill not be considered in determ ining the low est price during bid evaluation.Bidders
are requested to provide pro m pt paym ent tenm s in the space pro vided on the Bid subm ittal signature page of the solicitation.
A w ard,if m ade,w ill be in accordance w ith term s and conditions stated herein.Each item m ust be bid separately,and no attem pt
is to be m ade to tie any item or item s in w ith any other item or item s.Cash or quantity discounts offered w ill not be a consideration
in determ ination of aw ard of bid(s).
36.PROTESTS.A ny protest concern ing the speci fications or aw ard of this solicitation shall be in accordance w ith City Code Section
2-37 1.Pro tests not subm itted in a tim ely m anner purs uant to the requirem ents of C ity Code Section 2-371 shall be barred.
37.PUBLIC ENTITY CRIME.A person or affiliate w ho has been placed on the convicted vendor list fo llow ing a conviction fo r public
entity crim es m ay not subm it a bid on a contract to provide any goods to a public entity ,m ay not subm it a bid on a contract w ith
a public entity fo r the construction or repair of a public building or public w ork,m ay not subm it a bid on leases of real property to
public entity ,m ay not be aw arded or perform w ork as a contractor,supplier,sub-contractor,or consultant under a contract with
a public entity,and m ay not transact business w ith any public entity in excess of the threshold am ount provided in Sec.287.017,
fo r C ategory Tw o,fo r a period of 36 m onths fro m the date of being placed on the convicted vendor list.
38.RELATIONSHIP TO THE CITY.It is the intent of the City ,and Bidder's hereby acknow ledge and agree,that the successful
Bidders is considered to be an independent contractor,and that neither the Bidders ,nor the Bidder's em ployees,agents,and/or
contractors ,shall,under any circum stances,be considered em ployees or agents of the City.
39.SPECIAL CONDITIONS.Any and all Special C onditions that m ay vary from these G eneral Term s and Conditions shall have
precedence.
40.TAXES.T he C ity of M iam i Beach is exem pt from all Federal Excise and State taxes.
41.TERMINATION FOR DEFAULT.If the successful Bidders shall fail to fulfill in a tim ely m anner,or otherw ise violate,any of the
covenants,agreem ents,or stipulations m aterial to the Bid and/or the contract entered into w ith the City pursuant thereto,the City
shall thereupon have the right to term inate the w ork and/or serv ices then rem aining to be perfor m ed by aivina written notice to
the Bidders of such term ination,w hich shall becom e effective upon receipt by the Bidders of the w ritten term ination notice.
In that event,the C ity shall com pensate the successful Bidders in accordance w ith the term of the contract fo r all work and/or
serv ices satisfactorily perform ed by the Bidders prior to term ination,net of any costs incurred by the City as a consequence of
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(October 27,2022)
the de fault.
N o tw ithstanding the above,the successful Bidders shall not be relieved of liability to the C ity fo r dam ages sustained by the C ity
by virt ue of any breach of the contract by the Bidders ,and the C ity m ay reasonably w ithhold paym ents to the successful Bidders
fo r the purposes of set off until such tim e as the exact am ount of dam ages due the C ity fro m the successful Bidders is determ ined.
The C ity m ay,at its discretion,pro vide re asonable "cure period"fo r any contractual violation prior to term ination of the contract;
sho uld the successful Bidders fail to take the corrective action specified in the C ity 's notice of default w ithin the allotted cure
pe rio d ,then the C ity m ay proceed to term inate the contract fo r cause in accordance w ith this subsection 1.57.
42 .T E R M IN A TI O N FO R C O N V E N IEN C E O F C ITY .T he C ity m ay,fo r its convenience,term inate the w ork and/or serv ices then
re m a in ing to be perf orm ed,at any tim e,by giving w ritten notice to the successful Bidders of such term ination,w hich shall becom e
eff ective thirty (30 )days fo llow ing receipt by Bidders of such notice.In that event,all finished or unfinished docum ents and other
m a terials shall be pro perly delivered to the C ity.If the contract is term inated by the C ity as provided in this subsection,the C ity
shall com pensate the successful Bidders in accordance w ith the term s of the contract fo r all and w ithout cause and/or any
re su lting liability to the C ity,w ork and/or serv ices actually perf orm ed by the successful Bidders ,and shall also com pensate the
B id d e rs fo r its reaso nable direct costs in assem bling and delivering to C ity all docum ents.N o com pensation shall be due to the
successful B idders fo r any pro fits that the successful Bidders expected to earn on the balanced of the contract.Such paym ents
sha ll be the total extent of the C ity 's liability to the successful Bidders upon a term ination as pro vided fo r in this subsection.
43 .T IE B ID S .In accordance w ith Florida Statues Section 287.087,regarding identical tie bids,prefere nce w ill be given to Bidders
ce rt ify ing that they have im plem ented a drug free w orkplace progra m .A certification form w ill be required.In the event of a
co ntinued tie betw ee n tw o or m ore Bidders aft er consideration of the dru g free w orkplace pro gram ,the C ity 's Local Preference
a nd V eteran P reference ordinances w ill dictate the m anner by w hich a tie is to be resolved.In the event of a continued tie after
the Local and V eteran P reference ordinances have been applied or the tie exists betw een Bidders that are not Local or Veteran,
the bre aking of the tie shall be at the C ity M anager's discretion,w hich w ill m ake a recom m endation fo r aw ard to the C ity
C o m m ission.
44 .V E N U E .A ny legal challenges to this Solicitation shall be bro ught in M iam i-D ade C ounty ,Florida,and if legal action is necessary ,
exclusive venue fo r the enfo rcem ent of sam e shall lie in M iam i-D ade C ounty ,Florida.The Bidder and the C ity expressly w aive
any rig hts either party m ay have to a trial by jury of any civil litigation related to or arising out of this Solicitation.
45 .C O N T RA C T EX TE N S IO N .T he C ity ,thro ugh its C ity M anager,reserv es the right to require the C ontractor to extend contract
pa st the stated term ination dale fo r a period of up to 120 days in the event that a subsequent contract has not yet been aw arded.
A dd itio nal extensio ns past the 120 days m ay occur as needed by the C ity and as m utually agreed upon by the C ity and the
co ntractor.
46 .A M E R IC A N S W IT H D IS A B ILI TIE S A C T (A D A ).C all 305-6 73-7490 to request m aterial in accessible fo rm at;sign language
in te rpreters (five (5)days in advance w hen possible),or info rm ation on access fo r pers ons w ith disabilities.For m ore info rm ation
on A D A com pliance,please call the Public W orks Departm ent,at 305-673-7000,Extension 2984.
47 .T R U T H IN N E G O TIA TIO N C E R TIF IC A TE.A ny resulting contract,is issued and govern ed by section 287.055,Florida statutes
shall require a truth in negotiation certificate.Execution of the contract by the consultant shall act as the execution of a Truth-in-
N e go tiation certificate certify ing that the w age rates and costs used to determ ine the com pensation provided fo r in the contract
are accurate,com plete ,and current as of the date of the contract.T he original contract price and any additions thereto shall be
adjuste d to excl ude any significant sum s by w hich the C ity determ ines the contract price w as increased due to inaccurate,
in com plete,or no ncurr ent w age rates and other factual unit costs.A ll such contract adjustm ents shall be m ade w ithin one (1)
ye a r fo llow ing the end of the contract.
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M IAMI BEA C H
GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS
(April 13,2020)
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 in order to obtain the City's approval for payment for Work performed pursuant to the Contract
Documents.
"Bid"means an offer or proposal submitted by a bidder in response to this 1TB.The terms "Bid"and "Bid
Submittal"are used interchangeably.
"Bidder"means any individual or firm submitting a Bid for this 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.
CIP Inspector/PW D 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 CIP
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 CIP
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
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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 named in the Invitation to Bid Summary as the "Consultant,"that has entered
into a separate agreement with 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).
"Construction Superintendent"means the individual who is a representative of the Contractor,and who
shall be responsible for continuous field supervision,coordination,and completion of the Work,and who shall
maintain a full-time on-site,physical presence at the Project Site and satisfy the obligations of Construction
Superintendent as provided in the Contract Documents.
"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 1TB,Contractor's Bid in response thereto,the Contract,
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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 1TB 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.
"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
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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.
"Project Manager"means the authorized individual which is the representative of Contractor and who will
administer and manage the prosecution of all Work on behalf of the Contractor.
"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 offerer 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 schedule 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
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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.
"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.
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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.
ARTICLE 2.INTENTION AND PRIORITY OF CONTRA CT 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.
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 (excluding the Plans and Specifications);
b.The Contract Documents (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 1TB.
In the event of any conflict between the General Terms and Conditions of the 1TB (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.
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Contractor shall be furnished two (2)copies,free of charge,of the Contract Documents;which shall be
preserved and always kept accessible to the City,the Consultant,and their respective authorized
representatives.Additional copies of the Contract Documents may be obtained from City at the cost of
reproduction.
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 furnish all of 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.As part thereof,Contractor shall 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,and shall achieve Final Completion of the Project by the
date established in the Contract Documents for Final Completion,as such date may be extended pursuant
to the terms of the Contract Documents.Unless otherwise provided in the Contract Documents,or as agreed
to in writing between City and Contractor,the form and content of all reports,forms and regular submittals
by Contractor to City shall be subject to prior approval of the City,and Contractor shall submit such materials
to the City for City's approval prior to implementation.City's approval thereof shall not limit City's right to
thereafter require reasonable changes or additions to approved systems,reports,forms and regular
submittals by Contractor to City.
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 Subcontractors 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.Notices to Proceed.Contractor shall be instructed to commence the Work by written instructions
in the form of a Purchase Order issued by the City's Procurement Department and a Notice to Proceed issued
by the Contract Administrator.At least two (2)Notices to Proceed will be issued for this Contract.Contractor
shall commence scheduling activities,permit applications and other preconstruction work within five (5)
calendar days after the Project Initiation Date,which shall be the same as the date of the first Notice to
Proceed.The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to
City of all required documents,including but not limited to,Payment Bond,Performance Bond,and Insurance
Certificate(s),and after execution of the Contract by both parties.
3.4.Conditions Precedent to Notice to Proceed for Constructionof the Work,The following are
conditions precedent to the issuance of a Notice to Proceed to authorize Contractor to mobilize on the Project
Site and commence with physical construction of the Work (typically,the second NTP for a Project):(1)the
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receipt of all necessary permits by Contractor;(2)City's acceptance of the Contractor's full progress schedule
in accordance with the Contract Documents,Contractor's submittal schedule,Contractor's Schedule of
Values,and list of Subcontractors;(3)Contractor's Hurricane Preparedness Plan;and (4)Contractor's
submission to the City and Consultant of any other documents required by the Contractor Documents.The
Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with
construction of the Work within twenty-one (21)calendar days of the issuance of the first Notice to Proceed.
3.5.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 or City,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.
3.6.Personnel Requirements.
3.6.1.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 Construction Superintendent and any necessary
assistants,all satisfactory to City.The Construction Superintendent shall not be changed except with the
written consent of City,unless the Construction Superintendent proves to be unsatisfactory to Contractor and
ceases to be in its employ.The Construction Superintendent shall represent Contractor and all directions
given to the Construction Superintendent shall be as binding as if given to Contractor and will be confirmed
in writing by City upon the written request of Contractor.Contractor shall give efficient supervision to the
Work,using its best skill and attention.
3.6.2.The Construction Superintendent shall be responsible for management of the Project Site and tasks,
including,but not limited to,organization and coordination of the Work 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 Construction 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.
3.6.3.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 critical path activity or Work for the next two weeks.The Consultant shall publish,
keep,and distribute minutes and any comments thereto of each such meeting.
3.6.4.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
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will promptly review the same.Any work done after such discovery,until authorized,will be done at
Contractor's sole risk.
3.6.5.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.
3.6.6.The Construction Superintendent must have at least five (5)years of experience in projects of similar
design,scope,size and complexity.The Project Manager must have at least five (5)years of experience in
projects of similar design,scope,size and complexity.
3.7.Subcontracts.
3.7.1.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.
3.7.2.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.
3.7 .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-a-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
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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,
I.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.
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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.
3.7 .4.Contractor shall perform the Work with its own forces,in an amount not less than the percentage of
the Work specified in the Invitation to Bid Summary.
3.8.Plans and Working Drawings.
3.8.1.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 shall 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 failed to report it to Consultant,or unless Contractor should have recognized such error,
omission or discrepancy upon reasonable investigation.
3.8.2.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 and shall be considered as part of 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.In case of disagreement between the written
and graphic portions of the Contract Documents,the written portion shall govern.
3.8.3.Shop Drawings.
3.8.4.1.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.
3.8.4.2.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.Submission of such documents is a
condition precedent to the issuance of a Notice to Proceed for construction.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.
3.8.4.3.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.
3.8.4.4.Contractor shall thoroughly review and check the Shop Drawings and each and every
copy shall show this approval thereon.
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3.8.4.5.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.
3.8.4.6.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.
3.8.4.7.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.
3.8.4.8.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.
3.8.4.9.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.
3.8.4.10.Contractor shall keep one set of Shop Drawings marked with Consultant's approval at
the job site at all times.
3.8.4.Field Layout of the Work and Record Drawings.The entire responsibility for establishing and
maintaining line and grade in the field lies with Contractor.
3.8.5.1.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
delivered to Consultant prior to Substantial Completion,in accordance with the Contract Documents.
3.8.5.2.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.
3.8.5.3.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.
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3.8.5.Art in Public Places ("AIPP")Coordination.Contractor shall coordinate the implementation of the
City's AIPP commissions and installations for the Project,if any,with all such coordination Work covered
within the Contract Price,provided,however,that the City shall separately fund the commissioning and
installations of all AIPP artworks.
3.8.6.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 CONTRA CTOR 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 CONTRA CTOR'S OBLIGATIONS AND/OR EXCUSE
ANY BREACH BY CONTRA CTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS.THE
PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRA CTOR'S OBLIGATIONS SHALL NOT
PRECLUDE THE CITY FROM DECLARING CONTRA CTOR 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 CONTRA CTOR'S OBLIGATIONS.INCLUDING,WITHOUT
LIMITATION,ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES,OR
OTHER MATT ERS 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.
3.8.7.City's Information.Except for any tests or studies that the City provides as part of the 1TB,any
information provided by the City to the Contractor relating to the Project and/or other conditions affecting
the Project Site,is provided only for the convenience of the Contractor and does not relieve the Contractor
of the due diligence necessary to independently verify local conditions and Site Conditions.The City makes
no representation or warranty as to,and assumes no responsibility whatsoever with respect to,the
sufficiency,completeness or accuracy of any such test,studies or other information and makes no
guarantee,either express or implied,that the conditions indicated in such information or independently
found by the Contractor as a result of any examination,exploration or testing,are representative of those
existing throughout the performance of the Work or the Project Site,and there is no guarantee against
unanticipated or undisclosed conditions.
ARTICLE 4.CONTRACT PRICE.
4.1.If the Invitation to Bid Summary 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.
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4.2.If the Invitation to Bid Summary 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 1TB 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.
4.4.No Compensation Prior to Notice to Proceed.Prior to the City's issuance of any Notice to
Proceed,Contractor shall not incur any cost to be reimbursed as part of the Project,except as the Contract
Administrator may authorize in writing.
4.5.Owner's Contingency.The Owner's Contingency shall be an amount,determined by the City,
which will be available to the City to pay for Project costs which are expressly chargeable to the City or
determined to be the City's responsibility under the Contract Documents,including,as it relates to the
Contractor,the following increased costs of the Project incurred by Contractor:
a.Express written changes in the Work made in the discretion of the City after issuance of a
Change Order or Construction Change Directive relating thereto.The decision to make such changes,and
to incur the costs that arise there from,shall be in the sole discretion of the City.No costs may be charged
to the Owner's Contingency under this subsection without express approval of City.
b.Changes to the Work if ordered by agencies having jurisdiction,provided such Work directly
results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon;
c.In the event of Excusable Delay,reasonable acceleration costs to meet milestones,if approved
by the City at its sole and absolute discretion;
d.Differing site conditions pursuant to the Contract Documents;
e.Post-hurricane or storm-related Construction Change Directives (to address matters that are in
addition to,or not covered by,the Contractor's City-approved Hurricane Preparedness Plan required by the
Contract Documents);
f.Increased Costs of the Work resulting from other actions of the City deemed to be City's
responsibility and/or compensable under the Contract Documents.
Unless Contractor secures City's written agreement that such costs are City's responsibility,documentation
of responsibility for such costs shall be submitted with the Contractor's Claim.When Contractor has reason
to anticipate that such costs may be incurred,it shall be the Contractor's responsibility,when feasible,to
provide the City with sufficient advance notice,so as to provide the City with a reasonable opportunity to
avoid such costs.Such costs shall be deemed the City's responsibility if City subsequently agrees in writing
to grant the Claim and accept such responsibility,or if the Claim is granted and responsibility assigned to
City pursuant to the dispute resolution process under the Contract Documents and all reviews thereof are
exhausted or waived by City.The Contractor has no right or entitlement whatsoever to the Owner's
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Contingency,and use of such funds are subject to the City's prior written approval and issuance of a Change
Order or Construction Change Directive 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.
ARTICLE 5.APPLICATION FOR PAYMENT.
5.1.Applications for Payment for the Work performed by Contractor shall be made monthly based upon
the percent completion of the Work for each particular month and in accordance with the Contract
Documents.The percent completion shall be based upon the updated and City-approved Project Schedule
as required by the Contract Documents 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 or City.Contractor shall include,with each Application for Payment,an
updated progress schedule 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 acceptable
supporting documentation along with each 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 shall 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 hy the Contractor;
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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 a Recovery Schedule in accordance with the Contract
Documents;
g.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
h.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.Upon request by the City,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.
5.6.Payment by City for Tests.Except when otherwise specified in the Contract Documents,the
expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen
by the City.For road construction projects the procedure for making tests required by Consultant will be in
conformance with the most recent edition of the State of Florida,Department of Transportation Standard
Specifications for Road and Bridge Construction.The cost of any required test which Contractor fails shall
be paid for by Contractor.
5.7.Form of Application:Projected Payment Schedule.The Contractor shall make each Application
for Payment on AIA Form G702 or other form approved by the City,which incorporates the budget and the
Schedule of Values.For each line item,the Contractor shall state the approved cost,the cost to date,and
the projected total cost,and retainage held (if any),shal state that the projected total cost shall not exceed
the approved cost,as adjusted by Change Order.Each Application for Payment shall also state the actual
costs incurred by the Contractor for the payment period covered by such Application for Payment.
ARTICLE 6.PROJECT SCHEDULE AND CONTRACT TIME.
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6.1.Time for Completion.Time is of the essence 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.Project Schedule:Preliminary Matters.As a condition of issuance of a Notice to Proceed for the
construction of the Work (typically,NTP2),Contractor shall submit to Consultant for Consultant's review and
acceptance:
6.2.1.A project "Base Line"schedule,one (1)copy on a CD and One (1)hard copy (activities arranged in
"waterfall"),in the indicated form for Final review and approval,in accordance with the Project Scheduling
Format required in the Invitation to Bid Summary.
(CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC)
publication,"The Use of CPM in Construction.")
Contractor shall provide a preliminary man loaded,logic based "Base Line"Project schedule using "Early
Start"and "Early Finish"dates for each activity.The Contractor shall include,in addition to normal work
activity input,input that encompasses all submittal approvals,delivery durations for important materials
and/or equipment,and Logic relationships of activities including physical and site restraints.
The preliminary Base Line project schedule when submitted shall have attached a run of the programs
generated error report that states no errors and be acceptable to Consultant and City.
Monthly,Contractor shall submit with each Application for Payment an update of the Project Schedule with
an error report stating no errors (that does not revise the base line schedule),showing the progress for the
month ("Progress Schedule").CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC
COPY (including a native version and a pdf).In addition to the Progress Schedule Contractor shall include a
narrative report of the months'progress,an explanation of any delays and or additions/deletions to activities.
City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall
not constitute or be construed as City's approval of the Progress Schedule itself,or as approval of any change
to the Project Schedule.Any changes to the Project Schedule,if agreed to,shall be memorialized in a duly
executed Change Order.
It is strongly recommended that Contractor or the professional who performs scheduling have a vast
knowledge in the use of the required scheduling software specified in the Invitation to Bid Summary to
develop and update the project schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide an two (2)week look ahead
schedule for review and discussion and monthly be prepared to discuss any:
1)Proposed changes to the Base Line schedule logic;
2)Explain and provide a narrative for reasons why logic changes should be made;
3)Update to individual subcontractor activities;and
4)Integration of changes into the schedule.
17 ]Ge neral Conditions for Construction Contracts {Ap ril 13,2020)
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The Project Schedule shall be the basis of the Contractor's Work and shall be complied with in all respects.
6.2.2.A preliminary schedule of Shop Drawing submissions;and
6.2.3.In a lump sum contract or in a contract which includes lump sum bid items of Work,a preliminary
schedule of values for all of the Work which may include quantities and prices of items aggregating the
Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for
progress payments during construction.Such prices will include an appropriate amount of overhead and
profit applicable to each item of work which will be confirmed in writing by Contractor at the time of
submission.If requested by the City,Contractor shall provide additional breakdowns as to any line item,to
show labor,equipment,materials and overhead and profit.
6.2.4.After award but prior to the submission of the progress schedule,Consultant,Contract Administrator
and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation,
provided,however,that by facilitating Contractor's efforts to coordinate with such utilities,City is not assuming
the obligation to coordinate any necessary relocations and Contractor shall be solely responsible for such
coordination.
6.2.5.At a time specified by Consultant but before Contractor starts the work at the Project Site,a
conference attended by Contractor,Consultant and others as deemed appropriate by Contract Administrator
will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals
and for processing Applications for Payment,and to establish a working understanding among the parties as
to the Work.
6.2.6.Within five (5)days from the Project Initiation Date set forth in the Notice to Proceed,a pre-
construction meeting attended by Contractor,Consultant and others,as appropriate,will be held to finalize
the schedules submitted.Within ten (10)days after the Project Initiation Date set forth in Notice to Proceed,
the Contractor shall revise the original schedule submittal to address all review comments from the CPM
review conference and resubmit for Consultant review.The finalized progress schedule will be accepted by
Consultant only as providing an orderly progression of the Work to completion within the Contract Time,but
such acceptance shall not constitute acceptance by City or Consultant of the means or methods of
construction or of the sequencing or scheduling of the Work,and such acceptance will neither impose on
Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full
responsibility therefore.The finalized schedule of Shop Drawing submissions must be acceptable to
Consultant as providing a workable arrangement for processing the submissions.The finalized schedule of
values must be acceptable to Consultant as to form and substance.
6.3.Recovery Schedule.
6.3.1.If Contractor's Work,or any portion of the Work,becomes more than (30)days behind
schedule,if the Work on any critical path item or activity delineated in the Project Schedule is delayed for a
period which exceeds 5%of the days remaining until a completion deadline for an item in the Project
Schedule,or if the reasonably appears that the Contractor will be unable to meet the deadlines of the Project
Schedule,the City may notify Contractor of same,and in such case,the Contractor shall submit a proposed
recovery plan to regain lost schedule progress and to achieve any Project milestones,Substantial
Completion,and Final Completion in accordance with the Contract Documents ("Recovery Schedule"),after
taking into account Excusable Delays (as hereinafter defined)and permitted extensions of the Project for
18 I Ge neral Conditions for Construction Contracts (April 13,20201
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review and acceptance within seven (7)days following notification from the City,so as to ensure Contractor
makes up lost time.
6.3.2.City shall notify Contractor within five (5)business days after receipt of each Recovery
Schedule,whether the Recovery Schedule is deemed accepted or rejected.Within five (5)business days
after City's rejection of any Recovery Schedule,Contractor will resubmit a revised Recovery Schedule
incorporating City's comments.If the City accepts Contractor's Recovery Schedule,Contractor shall,within
five (5)business days after City's acceptance,incorporate and fully include the Recovery Schedule into the
Project Schedule and deliver same to City.
6.3.3.If the Contractor fails to provide an acceptable Recovery Schedule,as determined by City
in its sole discretion,that demonstrates Contractor's ability to timely follow the Project Schedule,the City
may,without prejudice to any other rights and remedies available to the City hereunder or otherwise,declare
an Event of Default or order the Contractor to employ such extraordinary measures,including acceleration
of the Work,and other measures,including substantially increasing manpower and/or necessary equipment,
as may be necessary to bring the Work into conformity with the Project Schedule.
6.4.Substantial Completion.As a condition of Substantial Completion,all of the following must occur:
6.4.1.All Work affecting the operability of the Project or safety has been completed in accordance
with the Contract Documents;
6.4.2.If applicable,all pre-commissioning activities,including alignment,balancing,lubrication and
first-fill,have been completed;
6.4.3.The Work may be operated within manufacturers'recommended limits (with 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 provided),in
compliance with Applicable Laws,and without damage to the Work or to the Project;
6.4.4.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;
6.4.5.The most recent updated set of "as-built"drawings reflecting the progress of the Work
through Substantial Completion (in native file format,such as autoCAD);
6.4.6.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 complctcncss and accuracy by the
Consultant ("Substantial Completion Punch List"),provided,however,that failure to include any items on
19 ]Ge neral Conditions for Construction Contracts {April 13,2020)
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such Substantial Completion Punch List does not alter the responsibility of the Contractor to complete all
Work in accordance with the Contract Documents;and
6.4.7.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;
6.4.8.With respect to any Project for which a right-of-way permit is required from the City's Public
Works Department or which includes a final lift of asphalt as part of the Work,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).
6.5.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).
6.5.1.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.
6.5.2.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 6 relating to Partial
Substantial Completion shall have been satisfied.
6.6.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:
6.6.1.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
20 I Ge nera l C onditions for C onstruction C ontracts !A pril 13 ,2020)
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sought;
6.6.2.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;
6.6.3.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;
6.6.4.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.
6.7.Liquidated Damages.
6.7.1.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.Partial Substantial
Completion shall not relieve Contractor of any responsibility for Liquidated Damages for failure to timely
achieve Substantial Completion.
6.7.2.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.
6.7.3.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.
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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.
6.8.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.
6.8.1.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.
6.8.2.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.
6.8.3.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.
22 [Ge neral C onditions for C onstruction C ontracts (A pr il 13 ,20 20 )
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
6.8.4.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.
6.8.5.Contractor shall be responsible to maintain all utility services to areas occupied by the City until Final
Completion.
6.9.Final Completion.Final Completion of the Project shall be deemed to have occurred if all the
following have occurred:
6.9.1.Substantial Completion of the entire Project has occurred;
6.9.2.The Work can be used and operated in accordance with Applicable Laws bearing on the performance
of the Work and applicable permits;
6.9.3.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;
6.9.4.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;
6.9.5.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;
6.9.6.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 of completed as-builts,if required by the agency having jurisdiction.
6.9.7.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;
6.9.8.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;
6.9.9.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;
6.9.10.Contractor shall have delivered to City a complete set of as-built documents and Project Records
prepared in accordance with the Contract Documents;
23 I Ge neral Conditions for Construction Contracts Ap nil 13,2020)
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
6.9.11.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;
6.9.12.All rubbish and debris have been removed from the Project Site;and
6.9.13.All Construction aids,equipment and materials have been removed from the Project Site.
6.9.14.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;
6.9.15.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;
6.9.16.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;
6.9.17.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.
6.9.18.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
24 I General Conditions for Construction Contracts (April 13,2020)
D o cusig n Envelope ID :425A F80C -72 68-40D 6-953C -5B22A 732C D 2F
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 and City shall have the authority to reject or disapprove work which either Consultant or
City find to be defective.If required by Consultant or City,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
25 [Ge neral C onditions for C onstruction C ontracts (A pr il 13 ,20 20 )
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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.
A RTIC LE 8.SA FETY AN D 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.Ail 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 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.City and 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
26 [Ge neral C onditions for C onstruction C ontracts (A pril 13 ,20 20 )
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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 Construction 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.
27 I Ge neral Conditions for Construction Contracts !April 13,2020)
D o cusig n Envelope ID :425A F 80C -7268-4 0D 6-953C -5 22A4 732C D 2F
8.6.Hurricane and Tropical Storm Precautions.
8.6.1.During such periods of time as are designated by the United States Weather Bureau as being a
hurricane warning or tropical storm 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.Contractor's Hurricane Preparedness Plan shall,at a minimum,include the following:(1)monitoring
of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement
weather conditions,from a severe thunderstorms to a category 5 hurricane,to prevent accidents and to
minimize property damage;(2)preparing an emergency phone list showing home phone numbers of all
project personnel and subcontractor's supervisors,including all land lines and cell phones,to be used for
emergency purposes only;(3)ensuring the project jobsite's equipment and buildings are protected,
identifying vulnerable work in progress and determining how to best protect it from damage,and capping all
incomplete piping to prevent sand filtration;(4)cleaning the entire project,inside and out,removing trash
from the job site,clearing all materials that can become airborne,verifying that all erosion and sediment
control devices are in place and meet adequate standards,and removing screening on fences and signs;(5)
arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment,
anchoring or restraining everything that could blow away,and removing all non-essential barricades;and (6)
the documenting of conditions of the project and the surrounding area before and after the incident
(photographs and video).
8.6.3.Contractor shall be solely responsible for all costs of all precautions and Work covered by
Contractor's Hurricane Preparedness Plan.Compliance with Contractor's Hurricane Preparedness Plan
shall not constitute additional Work.
8.6.4.Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning
or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract
Documents.
8.6.5.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.
8.6.6.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.
As part of the Contract Price,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,whether or not shown on the
plans.
8.7.2.The Contractor shall notify each utility company involved at least tan (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
28 I Ge neral C onditions fo r C onstruction C ontracts !A pril 13 ,20 20)
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
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 (for utilities indicated in the Contract
Documents).All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility
company involved,if indicated in the Contract Documents.No additional payment will be made to the
Contractor for utility relocations indicated in the Contract Documents,whether or not said relocation is
necessary to avoid conflict with other lines.
8.7.3.If Contractor,as part of its responsibility to identify all utility lines,identifies utility conflicts which
materially differ from those indicated in the Contract Documents,such utility conflicts (for items not indicated
in the Contract Documents)shall be addressed pursuant to the requirements of "Differing Site Conditions"
as set forth in Article 10 shall apply.
8.7.4.The Contractor shall reasonably schedule the Work,and the phasing thereof,in such a manner so
that the overall Project Schedule is not impacted and completion of 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,except as provided in Article 10 of the Contract Documents.
8.7.5.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.BONDS,INSURA NCE AND INDEMNITY,
9.1.Performance Bond and Payment Bond:The Contractor shall,within ten (10)business days of the
Contract Date,furnish and deliver to the City a payment bond and a performance bond,in a form to be
provided by the City,issued by sureties licensed and authorized to do business in the State of Florida,
covering the faithful performance and completion of the Project pursuant to the Contract Documents,
including the performance and completion of those services provided by Subcontractors of any tier and
covering the payment of all obligations arising hereunder including but not limited to,the payment for all
materials used in the performance of the Project in accordance with the Contract Documents,and for all labor
and services performed under the Contract Documents (including materials,labor and/or services provided
by Subconsultants and Subcontractors of any tier),whether by Subcontractors or otherwise.Each of the
aforesaid bonds (collectively herein referred to as the "Performance Bond and Payment Bond")shall have a
penal amount equal to the Contract Price,unless otherwise approved by the City and to the extent permitted
by law.Each bond shall be increased in the amount of any change to the Contract Price.Each bond shall
continue in effect for one (1)year after Final Completion of the Work.
29]Ge neral Conditions for Construction Contracts (April 13,2020)
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet all the
requirements set forth in the Contract Documents and the Performance Bond and Payment Bond shall each
be in the form attached hereto or shall otherwise be acceptable to the City in its reasonable discretion.If any
of the sureties on the Performance Bond and Payment Bond at any time fails to meet said requirements,or
is deemed to be insufficient security for the penalty of said bond,then the City may,on giving thirty (30)days'
notice thereof in writing,require the Contractor to furnish a new and/or additional bond(s)in the above
amounts with such sureties thereon being licensed and authorized to do business in the State of Florida and
as shall be satisfactory to the City.The Contractor shall pay all costs of compliance with this Article as part
of the Contract Price.
Pursuant to the requirements of Section 255.05(1)(a),Florida Statutes,as may be amended from time to
time,Contractor shall ensure that the bond(s)referenced above shall be recorded in the public records of
Miami-Dade County and provide City with evidence of such recording.
9.2.Alternate Form of Security:In lieu of a Performance Bond and a Payment Bond,Contractor may
furnish alternate forms of security which may be in the form of cash,money order,certified check,cashier's
check or unconditional letter of credit in the form attached hereto,which shall be in accordance with Section
255.05,Florida Statutes.Such alternate forms of security shall be subject to the prior approval of City and
for same purpose and shall be subject to the same conditions as those applicable above and shall be held
by City for one year after completion and acceptance of the Work.
9.3.Qualification of Surety:Bid Bonds,Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
9.3.1.Each bond must be executed by a surety company of recognized standing,authorized to do business
in the State of Florida as surety,having a resident agent in the State of Florida and having been in business
with a record of successful continuous operation for at least five (5)years.
9.3.2.The surety company shall hold a current certificate of authority as acceptable surety on federal bonds
in accordance with United States Department of Treasury Circular 570,Current Revisions.If the amount of
the Bond exceeds the underwriting limitation set forth in the circular,in order to qualify,the net retention of
the surety company shall not exceed the underwriting limitation in the circular,and the excess risks must be
protected by coinsurance,reinsurance,or other methods in accordance with Treasury Circular 297,revised
September 1,1978 (31 DFR Section 223.10,Section 223.111).Further,the surety company shall provide
City with evidence satisfactory to City,that such excess risk has been protected in an acceptable manner.
9.3.3.The City will accept a surety bond from a company with a rating of B+or better for bonds up to $2
million,provided,however,that if any surety company appears on the watch list that is published quarterly
by Intercom of the Office of the Florida Insurance Commissioner,the City shall review and either accept or
reject the surety company based on the financial information available to the City.A surety company that is
rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the
City,only if the bid amount does not increase.The following sets forth,in general,the acceptable parameters
for bonds:
Policy-Financial
holder's Size
Amount of Bond Ratings Category
30 I General Conditions for Construction Contracts (April 13,20201
Docusign Envelope ID:425AF80C-7268-406 -953C-5 22A4732CD02F
500,001 to 1,000,000
1,000,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10,000,000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
B+
B+
A
Class I
Class II
Class Ill
A Class IV
A Class V
A Class VI
A Class VII
9.3.4.For projects of $500,000.00 or less,City may accept a Bid Bond,Performance Bond and Payment
Bond from a surety company which has twice the minimum surplus and capital required by the Florida
Insurance Code at the time the invitation to bid is issued,if the surety company is otherwise in compliance
with the provisions of the Florida Insurance Code,and if the surety company holds a currently valid certificate
of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31
of the United States Code,as may be amended from time to time.The Certificate and Affidavit so certifying
should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond.
9.3.5.Unless more stringent surety requirements of any granter agency are set forth within the
Supplemental Conditions,the provisions of this Article shall apply.
9.4.Insurance Requirements.The Bidder shall furnish to the Procurement Department,City of Miami
Beach,1755 Meridian Avenue,3d Floor,Miami,Florida 33139,Certificate(s)of Insurance which indicate that
insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid
Summary (and/or exhibits thereto).
9.4.1.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.
9.4.2.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.
9.4.3.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
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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.
9.4.4.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.
9.4.5.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.
9.4.6.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.
9.5.Indemnification.
9.5.1.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
32 I Ge nera l C onditions for C onstruction C ontrocts (A pril 13 ,20 20)
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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.
9.5.2.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.
9.5.3.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.
9.5.4.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.
9.5.5.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.
9.5.6.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.
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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.Notwithstanding the foregoing,the City Manager,at his or her sole discretion,may
elect to present any proposed Change Order to the City Commission for its consideration.
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
twenty-one (21)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.
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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 1TB.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 shall be as follows:
(1)if the Change Order Work involves self-performed Work performed by the Contractor's own
forces,the overhead and profit markup shall be reasonable,and shall not exceed ten percent (10%)of the
net change in the Contract Price;or
(2)if the Change Order involves Work performed by Subcontractors or Suppliers,or both,the
overhead and profit markup shall be reasonable,and the overhead and profit markup from Subcontractors
and Suppliers at all tiers shall not exceed ten percent 10%of the net change in the Contract Price,and the
Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one
half percent (7.5%)of the net change in the Contract Price.
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:
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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%).
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 for
overhead and profit markup for materials and equipment pursuant to this Section shall not exceed ten percent
(10%)of the net change in the Contract Price.
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%).
10.4.5.Contractor shall not be entitled to an overhead and profit markup or fee for any Change Order
involving 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.
10.4.6.Contractor shall not be entitled to an overhead and profit markup or fee for the following costs or
expenses:
36 ]Ge neral Conditions for C onstruction Contracts [April 13,2020)
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
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 Project Site.
f.Receipted minor expenses such as long distance telephone calls,telephone service at the site,
express delivery services (FedEx,UPS or couriers,and the like),internet or other
telecommunications services,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.
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 Project
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
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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;
I.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;
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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 by more than
thirty percent (30%)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 Order involves Contractor and one or more Subcontractors,and the Change
Order increases in the Contract Price,the overhead and profit markups for Contractor and each
Subcontractor in accordance with this Article 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.
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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 prevent Contractor
from productively performing critical path activity delineated in the Project Schedule:
(1)Contractor being unable to work at least fifty percent (50%)of the normal workday on critical
path activity delineated in the Project Schedule 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 critical path activity delineated in
the Project Schedule.
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
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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.
CONTRA CTOR'S STRICT COMPLIANCE WITH THIS ARTICLE 10 IS A CONDITION PRECEDENT TO
RECEIPT OF AN EXTENSION OF THE CONTRA CT TIME.FAILURE OF THE CONTRA CTOR TO
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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 CLA IMS 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 Contractor's initial notice of the events giving rise to the request for
a time extension,the Contractor may re-submit the request as a Claim in accordance with the Contract
Documents.
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 shall,however,be deemed to
entitle the Contractor to any adjustment in the Contract 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
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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.If a differing site condition qualifies for an equitable adjustment pursuant to the Contract
Documents,and the Contractor's costs cannot reasonably be established at the time of notice to the City
thereof,the Contractor shall submit its proposed pricing and/or request for extension of time within ten (10)
days after the proposed solution is identified to the differing site condition described in the Contractor's initial
notice to the City.
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.
ARTICLE 11.CLA IMS AND RESOLUTION OF DISPUTES.
11.1 Claims must be initiated by written notice and,unless otherwise specified in the Contract Documents,
submitted to the other Party within ten (10)days of the event giving rise to such Claim or within ten (10)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 husiness 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
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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.
Contractor's failure to comply with this Section shall constitute an Event of Default.
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 or Miami-Dade
County 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.
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;
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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 twenty-
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one (21)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.Failing to provide the City with a Recovery Schedule in accordance with the Contract Documents;
k.Persistently disregarding laws,ordinances,or rules,regulations or orders of a public authority
having jurisdiction;
I.Fraud,misrepresentation or material misstatement by Contractor in the course of obtaining this
Contract;
m.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:
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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.
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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
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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.
ARTICLE 14.MISCELLANEOUS.
14.1.Separate Contracts.
14.1.1.The City reserves the right to perform construction or operations related to the Project with the City's
own forces,to award separate contracts to other contractors or subcontractors,and to permit third parties to
perform construction or operations in connection with other portions of the Project or other construction or
operations on the Project Site or adjacent to the Project Site.City reserves the right to let other contracts in
connection with this Project.Contractor shall afford other persons reasonable opportunity for the introduction
and storage of their materials and the execution of their work and shall properly connect and coordinate this
Work with theirs.
14.1.2.If any part of Contractor's Work depends for proper execution or results upon the work of any other
persons,Contractor shall inspect and promptly report to Consultant any defects in such work that render it
unsuitable for such proper execution and results.Contractor's failure to inspect and report shall constitute
an acceptance of the other person's work as fit and proper for the reception of Contractor's Work,except as
to defects which may develop in other contractor's work after the execution of Contractor's Work.
14.1.3.Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution
of the Work so as to create no interference or impact on any other contractors,including the City's own forces,
on the site.Should such interference or impact occur,Contractor shall be liable to the affected contractor for
the cost of such interference or impact.Coordination with other contractors shall not be grounds for an
extension of time or any adjustment in the Contract Price.Contractor agrees that its pricing of the Work and
the determination of the Contract Price were expressly based upon the Contractor's assumption of the
foregoing cost risks
14.1.4.Contractor shall afford other contractors reasonable access to the Project Site for the execution of
their work.Following the request of the City or Consultant,the Contractor shall prepare a plan in order to
integrate the work to be performed by the City or by the other contractors with the performance of the Work,
and shall submit such plan to the City for approval.The Contractor shall arrange the performance of the Work
so that the Work and the work of the City and the other contractors are,to the extent applicable,properly
integrated,joined in an acceptable manner and performed in the proper sequence,so that any disruption or
damage to the Work or to any work of the City or of other contractors is avoided.To insure the proper
execution of subsequent work,Contractor shall inspect the work already in place and shall at once report to
Consultant any discrepancy between the executed work and the requirements of the Contract Documents.
14.2.Lands for Work.
14.2.1.City shall provide,as may be indicated in the Contract Documents,the lands upon which the Work
is to be performed,rights-of-way and easements for access thereto and such other lands as are designated
by City or the use of Contractor.
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14.2.2.Contractor shall provide,at Contractor's own expense and without liability to City,any additional land
and access thereto that may be required for temporary construction facilities,or for storage of materials.
Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such
facilities.
14.3.Assignment.Neither the City nor the Contractor shall assign its interest in this Contract without the
written consent of the other,except as to the assignment of proceeds.Notwithstanding the foregoing,City
may assign its interest in this Contract or any portion thereof to any local or state governmental body,special
taxing district,or any person authorized by law to construct or own the Project.Such assignee shall be bound
to comply with the terms of this Contract.
14.4.Rights of Various Interests.Whenever work being done by City's forces or by separate contractors
is contiguous to or within the area where the Contractor will perform any of the Work pursuant to the Contract
Documents,,the respective rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in general harmony.
14.5.Legal Restrictions and Traffic Provisions.Contractor shall conform to and obey all applicable
laws,regulations,or ordinances with regard to labor employed,hours of work and Contractor's general
operations.Contractor shall conduct its operations so as not to close any thoroughfare,nor interfere in any
way with traffic on railway,highways,or water,without the prior written consent of the proper authorities.
14.6.Value Engineering.Contractor may request substitution of materials,articles,pieces of equipment
or any changes that reduce the Contract Price by making such request to Consultant in writing after award
of contract.Consultant will be the sole judge of acceptability,and no substitute will be ordered,installed,
used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing.However,any substitution accepted by Consultant shall not result in
any increase in the Contract Price or Contract Time.By making a request for substitution,Contractor agrees
to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request
for substitution,whether or not the request for substitution is accepted by Consultant.Any substitution
submitted by Contractor must meet the form,fit,function and life cycle criteria of the item proposed to be
replaced and there must be a net dollar savings including Consultant review fees and charges.If a
substitution is approved,the net dollar savings shall be shared equally between Contractor and City and shall
be processed as a deductive Change Order.City may require Contractor to furnish at Contractor's expense
a special performance guarantee or other surety with respect to any substitute approved after award of the
Contract.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR,
WHO SHALL FORWARD SAME TO CONSULTANT.
14.7.No Interest.Any monies not paid by City when claimed to be due to Contractor under this Contract,
including,but not limited to,any and all claims for contract damages of any type,shall not be subject to
interest including,but not limited to prejudgment interest.However,the provisions of City's prompt payment
ordinance,as such relates to timeliness of payment,and the provisions of Section 218.74(4),Florida Statutes
as such relates to the payment of interest,shall apply to valid and proper invoices.
14.8.Project Sign.Any requirements for a project sign shall he paid by the Contractor as specified by
City Guidelines.
50 I Ge nera l C onditions for C onstruction C ontrocts !A pril 1 3,2020)
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
14.9.Availability of Project Site;Removal of Equipment.
14.9.1.Use of the Project Site or any other City-owned property or right-of-way for the purpose of storage
of equipment or materials,lay-down facilities,pre-cast material fabrication,batch plants for the production of
asphalt,concrete or other construction-related materials,or other similar activities,shall require advance
written approval by the Contract Administrator.The City may,at any time,in its sole and absolute discretion,
revoke or rescind such approval for any reason.Upon notice of such rescission,Contractor shall,within
twenty-four (24)hours,remove and relocate any such materials and equipment to a suitable,approved
location.Notwithstanding any other provision in the Contract Documents to the contrary,the conditions or
requirements of right-of-way permits established by the authorities having jurisdiction including,without
limitation any regulatory authorities of the City,shall take precedence over any provision in the Contract
Documents that may provide any right whatsoever to use of the Project Site for staging,material and
equipment storage,lay-down or other similar activities.
14.9.2.In case of termination of this Contract before completion for any cause whatever,Contractor,if
notified to do so by City,shall promptly remove any part or all of Contractor's equipment and supplies from
the property of City,failing which City shall have the right to remove such equipment and supplies at the
expense of Contractor.
14.10.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.
14.11.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.
14.12.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
51 I General Conditions for Construction Contracts (April 13,2020)
D o cusig n Envelope ID :425A F80C -7268-40D 6-953C -5B22A732C D 2F
14.13.Public Entity Crimes.In accordance with the Public Crimes Act,Section 287.133,Florida Statutes,
a person or affiliate who is a contractor,consultant or other provider,who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to the City,may not submit a bid on a contract with the City for the construction or repair
of a public building or public work,may not submit bids on leases of real property to the City,may not be
awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with the
City,and may not transact any business with the City in excess of the threshold amount provided in Section
287.017,Florida Statutes,for category two purchases for a period of 36 months from the date of being placed
on the convicted vendor list.Violation of this Section by Contractor shall result in cancellation of the City
purchase and may result in Contractor debarment.
14.14.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.
14.15.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.
14.16.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.
ARTICLE 15.INSPECTOR GENERA L AUDIT RIGHTS.
15.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office
of the Inspector General which may,on a random basis,perform reviews,audits,inspections and
investigations on all City contracts,throughout the duration of said contracts.This random audit is
separate and distinct from any other audit performed by or on behalf of the City.
15.2 The Office of the Inspector General is authorized to investigate City affairs and empowered to review
past,present and proposed City programs,accounts,records,contracts and transactions.In
addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the
production of witnesses and monitor City projects and programs.Monitoring of an existing City
project or program may include a report concerning whether the project is on time,within budget and
in conformance with the contract documents and applicable law.The Inspector General shall have
the power to audit,investigate,monitor,oversee,inspect and review operations,activities,
performance and procurement process including but not limited to project design,bid specifications,
(bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,
City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud
and corruption.Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its
52 I Ge neral C onditions for C onstruction C ontracts (A pril 13 ,20 20)
D o cusign Envelope ID :425A F80C -7268-40D 6-953C -5B22A732C D 2F
overall annual contract expenditures to fund the activities and operations of the Office of Inspector
General.
15.3 Upon ten (10)days written notice to the Contractor,the Contractor shall make all requested records
and documents available to the Inspector General for inspection and copying.The Inspector General
is empowered to retain the services of independent private sector auditors to audit,investigate,
monitor,oversee,inspect and review operations activities,performance and procurement process
including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of
the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
15.4 The Inspector General shall have the right to inspect and copy all documents and records in the
Contractor's possession,custody or control which in the Inspector General's sole judgment,pertain
to performance of the contract,including,but not limited to original estimate files,change order
estimate files,worksheets,proposals and agreements from and with successful subcontractors and
suppliers,all project-related correspondence,memoranda,instructions,financial documents,
construction documents,(bid/proposal)and contract documents,back-change documents,all
documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,
or dividends received,payroll and personnel records and supporting documentation for the aforesaid
documents and records.
15.5 The Contractor shall make available at its office at all reasonable times the records,materials,and
other evidence regarding the acquisition (bid preparation)and performance of this contract,for
examination,audit,or reproduction,until three (3)years after final payment under this contract or for
any longer period required by statute or by other clauses of this contract.In addition:
i.If this contract is completely or partially terminated,the Contractor shall make available records
relating to the work terminated until three (3)years after any resulting final termination
settlement;and
ii.The Contractor shall make available records relating to appeals or to litigation or the settlement
of claims arising under or relating to this contract until such appeals,litigation,or claims are
finally resolved.
15.6 The provisions in this section shall apply to the Contractor,its officers,agents,employees,
subcontractors and suppliers.The Contractor shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Contractor in connection with the
performance of this contract.
15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative
activities.The provisions of this section are neither intended nor shall they be construed to impose
any liability on the City by the Contractor or third parties.
53 [Ge neral C onditions for C onstruction C ontra cts {A pril 13 ,20 20 )
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A4732CD2F
ATTACHMENT B
ADDENDA AND 1TB SOLICITATION
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3d Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.6
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
October 9,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
The deadline for questions has passed.No further questions will be considered,and no further extensions will be
made.
I.RESPONSES TO QUESTIONS RECEIVED:
Q1.What situation would the city require a temporary noise barrier and who is making the final
decision to install a noise barrier or not?
A 1:The contractor needs to apply for construction ROW permit and that would be the final
determination for temporary noise barriers.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department
to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,Uatala Deale,
Natalia Delgado--
Procurement Contracting Officer Ill
1 ADDENDUM NO.6
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-406-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.5
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
October 4,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,
or other clarifications and revisions issued by the City.The 1TB is amended in the following particulars only
(deletions are shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals
through PeriscopeS2G is extended until 3:00 p.m.,on Wednesday,October 16,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall
be accepted as timely submitted.Bids cannot be submitted after the deadline established for
receipt of bids.Hard copy bids or bids received electronically,either through email or facsimile,
submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected.
Late bids cannot be submitted,bidders are cautioned to plan sufficiently.The City will in no way be
responsible for delays caused by technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachft.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.Potential
proposers that have elected not to submit a response to the 1TB are requested to complete and return the
"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal.
Sincerely,0ate.a Do4qade
Natalia Delgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.5
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
D o cusig n Envelope ID :425A F 80C -72 68-40D 6-953C -5B22A 732C D 2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.4
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 30,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.RESPONSES TO QUESTIONS RECEIVED:
Q1:SPECS,PDF 7,12.0 PAYMENT:States:"Payment shall be made on 90%of the monthly estimate..."
Florida statutes do not allow retainage greater than %5,please revise.
A1:This can be revised to be "Payment shall be made on 95%of the monthly estimate",in
agreeance with the question that retainage should not be greater than 5%.
Q2:Are there any schools in the vicinity of this project?
A2:There are no schools on any of the Sunset Islands,the nearest being Miami Beach Senior
High School at the intersection of Dade Boulevard and Washington Ave,approximately 1.3
miles from the project point of beginning.
Q3:Please clarify:Specs state:PDF 99 1.0.5.OBSERVATION AND TESTING,A,states:"The City will employ
and pay for the services of an independent testing laboratory for specified testing as specified by the Consultant
as noted in the Section entitled "Testing Laboratory Services".D states:"The City will bear the cost of all tests,
observations,or investigations undertaken by the order of the Consultant ...",PDF 101,01 45 29,TESTING
LABO RA TORY SERVICES,1.0.1.THE REQUIREMENTS,A states:City will employ and pay for the services
of an Independent Testing laboratory to perform certain specified testing.All other required testing services
under the Contract Documents shall be provided by the Contractor".In order to include such costs in the bid:
a.Which certain testing services are to be done by the Contractor?
b.For each services how many tests are required or per how many ft,sf,cf,cy,locations will tests be
dictated?
A3:Please refer to the following sections of the technical specifications for testing services to
be completed by the contractor and for specific instructions and requirements for testing:
03 30 00 Cast in Place concrete
32 13 13 Concrete Paving
33 0110.54 Cleaning and Testing of Main
33 05 19 Ductile Iron Pipe
33 05 07.13 Horizontal Directional Drilling
33 05 31.16 PVC Pressure Pipe
33 05 31.01 Ribbed PVC
33 14 13 Public Water Utility Distribution Piping
1 ADDENDUM NO.4
INVITATIO N TO BID NO.2024-4 81-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND W ATER MAIN REPLA CEM ENT
Docusign Envelope ID:425AFB0C-7268-4 0D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
33 31 23 Sanitary Sewerage Force Main Piping
33 42 31 Stormwater Area Drains
40 05 61 Gate Valves
40 05 62 Plug Valves
Q4:PDF 248 MENTIONS:"EXCAVATABLE FLOWABLE FILL"Where on this project is this required?
A4:Per the technical specifications Section 31 23 23.33 Flowable Fill,the flowable for this
project is intended to fill the pipelines that are to be abandoned (as shown in the project
drawings).The use of excavated flowable fill is not anticipated.
Q5:PDF 253 MENTIONS:"thrust block"Where on this project is this required?Since PDF 313 states:D.
Thrust blocks are not allowed unless specially approved by City of Miami Beach Public Works Department
Engineering Division in writing."
AS:Thrust blocks are not proposed in the project.As stated,the City of Miami Beach Public
Works Department does not allow thrust blocks unless specifically approved.
Q6:PDF 280 MENTIONS:"TEXTURED PAVEMENT"Where on this project is this required?
A6:This is not anticipated for the project,however,if textured pavement is present within the
project area,the Contractor shall restore the pavement to its original conditions following the
City of Miami Beach Public Works Standards and technical specifications Section 32 13 13
Concrete Paving.
Q7:Is there any requirements on this project for coloring concrete?
A7:Per the City of Miami Beach Public Works Manual concrete pavement coloring shall be
"Miami Beach Red,"Please refer to the technical specifications Section 32 13 13 Concrete
Paving for additional details.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
/etao olqade
for Kristy Sada
Chief Procurement Officer
2 ADDENDUM NO.4
INVITATION TO BID NO.2024-4 81-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
MIAMI BEA CH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3d Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.3
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 26,2024
This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Thursday,October 10,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted.Bids cannot be submitted after the deadline established for receipt of bids.Hard
copy bids or bids received electronically,either through email or facsimile,submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected.Late bids cannot be submitted,bidders are
cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or
caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
/atala egade
For Kristy Bada
Chief Procurement Officer
1 ADDENDUM NO.3
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 19,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Friday,September 27,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted.Bids cannot be submitted after the deadline established for receipt of bids.Hard
copy bids or bids received electronically,either through email or facsimile,submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected.Late bids cannot be submitted,bidders are
cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or
caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
II.REVISION:DELETE 1TB Summary -Section 19 -Liquidated Damages of the 1TB,in its entirety,and
REPLACE with Revised Liquidated Damages.
Ill.ATTACHMENTS:
ATTACHMENT A:MB-Sunset Islands WM and FM Replacement-Technical Specifications-20231227
ATTACHMENT B:City of Miami Beach-Sunset lslands-Geotechnical Exploration Report
ATTACHMENT C:City of Miami Beach-Sunset Islands-Addendum Letter
ATTACHMENT D:Sunset Islands Final Engineering Report-20230303-s
ATTACHMENT E:Revised Liquidated Damages
IV.RESPONSES TO QUESTIONS RECEIVED:
01:Please identify where the City and Engineer propose for the HOPE pipe to be staged in preparation for
pullback.As you know the HOPE will take days to fuse and will need to be prepared before the final ream pass.
Are there any easements through properlies where lhis pipe string wlll slt?Specifically for the force main which
is a longer pull.
1 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,38 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
A 1:All of the properties within the project area are private,and there are no City-owned
properties.It is recommended that the staging area be located within the right-of-way,
maintaining access to all properties as well as maintaining access in and out of the island via
Sunset Drive.
A recommended staging area would be along W 23rd Street.Per the project drawings,there
are approximately 400 LF starting after STA 6+00"G"(Sheet C-03)and continuing up to the
intersection with Lake Avenue,where the pipe could be staged in preparation for pullback.The
Contractor shall adjust the location of the insertion and extraction pits based on the
recommended staging area.In addition,the Contractor shall also take into consideration the
LF available within the proposed staging area to determine the length of pipe to be fused,as
this is part of the Contractor's means and methods.
Moreover,the properties affected by the recommended staging area,such as 1441 W 23rd
Street and 2300 Lake Avenue,would maintain access through at least one (1)driveway via
Regatta Avenue and Lake Avenue respectively.
Q2:From my recollection existing roadway at Sunset Island 2 (and maybe Sunset Island 3)the roadway
consisted of a geofabric mesh under a 12"limerock base.Please confirm the roadway restoration detail and
limits.
A2:Per the geotechnical investigation performed during the project,evidence of a geofabric
mesh was not found.The limits and details of the pavement restoration can be found in the
project drawings and the standard details per the City's Public Works Manual are still
applicable (refer to the pavement restoration in Sheets C-30 and C-31).
It is not anticipated that a geofabric mesh would be required.The excavation will be done with
select backfill material and no unsuitable backfill material shall be used.However,if needed
and if evidence of a geofabric mesh is found,it will be reimbursed via Owners Contingency
funds calculated post award and must be approved by the City.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.
Q3.If we need to do additional site visits to the location to confirm details for our bid,how would we gain access
to the area since it has a guard gate?
A3:An additional site visit will not be held the guard gate can provide access to any visitors.
Q4.Please provide tech specs.
A4:The Technical Specifications have been included as part of this response.Please see
Attachment A.
Q5:Please provide geo tech reports.
2 ADDENDUM NO.2
INVITATION TO BID NO.2024481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
MIAMI BEACH
D o cusign Envelope ID :425A FBOC -72 68-40D 6-953C -5B22A732C D 2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
A5:The Geotechnical Exploration Report has been included as part of this addendum.Please
see Attachment B and C of this addendum.
Q6:Plans,PDF 37,Sheet 36,MOT drawing.Please clarify the RED Line and the Orange dots in
the drawing.Please confirm that the intent is to maintain traffic while excavation progresses adjacent to traffic
vehicles?
A6:The red line refers to the pipe installation site,and the orange dots to the barricade line.
The intent is to maintain traffic while excavation progresses adjacent to traffic vehicles.Access
along Sunset Drive shall be maintained as it is the only entry/exit to Sunset Island 3.
Q7:Same for PDF 38 thru 44,and others,why put traffic next to excavation trench when there
is a detour option along W 24th st.and others?
A7:The goal is to minimize disruptions to property owners and the entrance to the driveways.
Therefore,access to properties shall be maintained at all times.The MOT in the plans is
preliminary and for permitting purposes.The Contractor shall submit the final MOT during the
shop drawings review process for the City's review and approval.
QB:Shouldn't safety for the residents take precedence over the convenience for residents to
avoid detours?
AS:As it was mentioned in answers A6 and A7.The goal is to minimize disruptions to property
owners and the entrance to the driveways.Therefore,access to properties shall be maintained
at all times,as well as access through Sunset Drive.However,the MOT in the plans is
preliminary,and the Contractor shall submit the final MOT during the shop drawings review
process for the City's review and approval.
Q9:Are there any existing Asbestos pipes within the work area of this project?
A9:The City has no known Asbestos pipes in the work area.
Q10:Are there any known existing contamination within the vicinity of the work on this project?
3 ADDENDUM NO.2
INVITATIO N TO BID NO .2024-4 81-JP
SUNSET ISLA NDS 2 TO 3 FOR CE MAIN AND W ATER MAIN REPLA CEM ENT
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,38 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
A10:There is no known existing contamination within the vicinity of the project.
Q11:What is the anticipated award date for this project?
A 11:It is anticipated that the City Manager will present an award recommendation to the City
Commission at the October 30,2024,Commission Meeting.
Q12:What is the anticipated start date for construction?
A12:Approximately 30 days after the award date.
Q13:Is there any known construction with other contractors within this project that may impact the work on
this contract?If so:
a.Where is the work involved?
b.What type of work is it?
c.What are the dates anticipated?
A13:
a.No city projects are ongoing in this project area.However,there are ongoing
private property construction projects in the area.The contractor would have to
coordinate with nearby contractors.
b.Private property construction.
c.Private property construction project schedules are unknown.
Q14:Is there any tree removal required in this project?
A14:Tree removal is not anticipated for this project.In addition,the City encourages the
Contractor to avoid tree removal as much as possible.
Q15:Is there any Owner or Utility companies work planned in the project boundaries.
A15:There is no known construction planned by the City or Utility owners in the project
boundaries.
Q16:What is the procedure and fees if any for obtaining water for testing and construction use?
A16:The contractor will need to apply for a temporary hydrant meter and pay a deposit,which
will be returned to them when the meter is returned to the city.
Q17:Will you be providing payment for stored materials?
A17:No,the City does not pay for stored materials.
Q18:Are there any materials to be furnished by the City?
4 ADDENDUM NO.2
INVIT ATIO N TO BID NO .2024-4 81-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND W ATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-4 0D6-953C-5B22A 732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,38 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
A18:No.
Q19:Please provide Geotechnical report(s).
A 19:The Geotechnical Exploration Report has been included as part of this addendum.Please
see Attachment B and C of this addendum.
020:Is the City providing a testing laboratory for densities,proctors,cylinders,etc
A20:No,the contractor is responsible for all testing.
021:Is a field office mandatory?
A21:A field office is not mandatory for this project.
022:Are all WM and FM pipe to be fully restrained or only at valves,fittings,etc?
A22:Restraints shall follow the project drawings and the requirements from the City of Miami
Beach Public Works Manual.
Q23:Plans PDF 19,Plan Sheet C-14,Detail 1-1,shows tree protection chain link fence with a NO ENTRY
sign,
a.What is the size and material of the sign?
b.How many locations require this?
c.What size is the perimeter of the fence?
d.Please provide a pay item for these fences.
A23:
A.The standard size is 8.5"x 11"letter size,the material is a sheet of paper laminated
in plastic,placed on every side of the tree protection fence away from the work zone
where tree protection is required.
8.Every location where tree protection is required within 20 feet from the project work
area.
C.The protective barrier shall be placed around the tree at a distance of 6'from the tree
trunk or at the canopy drip line,whichever is greater.
D.The contractor may use Pay Item 19 -Restoring Sodded and Landscaped Areas as
the pay item for this.
Q24:ARE DOMESTIC PRODUCT REQUIRED ON THIS PROJECT SUCH AS BUY AMERICAN IRON AND
STEEL?
A24:No.
025:ARE UNDERGROUND NUTS AND BOLTS REQUIRED TO BE 316 STAINLESS STEEL?
A25:All nuts and bolts shall be 316 Stainless Steel.
5 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A4732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,38 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
Q26:Is there a Domestic Material Requirement for this project.
A26:There is no domestic material requirement for this project.
Q27:Is there an existing geo grid system in project area?if so
-provide specs and details for replacement?
-provide a pay item for the geo grid
A27:Per the geotechnical investigation performed during the project,evidence of a geofabric
mesh was not found.The limits and details of the pavement restoration can be found in the
project drawings and the standard details per the City's Public Works Manual are still
applicable (refer to the pavement restoration in Sheets C-30 and C-31).
It is not anticipated that a geofabric mesh would be required.The excavation will be done with
select backfill material and no unsuitable backfill material shall be used.However,if needed
and if evidence of a geofabric mesh is found,it will be reimbursed via Owners Contingency
funds calculated post award and must be approved by the City.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.
Q28:Please provide specs.
A28:The Technical Specifications have been included as part of this addendum.Please see
Attachment A.
Q29:Please extend bid date and questions deadline past the date specs are provided.
A29:Please see Section I of this Addendum.
Q30:A.Please confirm the liquidated damages on this project are $4,722.22 per day for this 180 day contract.
We have never seen this high of liquidated damages for a project of this size.If they are to remain the same,
please consider adding time to the contract given the likely coordination issues and delays we may have with
residents and their contractors in this tight Right of Way.
B.What is the width of the easement passing between the homes that the HDDs need to stay within?It is not
clear on the plans.
A30:
A.The Department has modified the liquidated damages,please refer to Attachment E.
B.For details on the utility easement refer to the topographic survey which can be found in the
project drawings survey,Sheets V-01 to V-06.
6 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AFB0C-72 68-40D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
Q31:Please confirm the bid schedule quantities for bid items:
#21 (sheeting &shoring)-43,000 SF
#23 (backfill material)-43,350 CY
A31:The specified quantities for these items are based on a worst-case scenario.In addition,
these items are contingent and shall only be used if approved by the City and EOR.
Q32:A.Please identify where the City and Engineer propose for the HOPE pipe to be staged in preparation
for pullback.As you know the HOPE will take days to fuse and will need to be prepared before the final ream
pass.Are there any easements through properties where this pipe string will sit?Specifically for the force
main which is a longer pull.
B.From my recollection existing roadway at Sunset Island 2 (and maybe Sunset Island 3)the roadway
consisted of a geofabric mesh under a 12"limerock base.Please confirm the roadway restoration detail and
limits.
A32:
A.All of the properties within the project area are private,and there are no City-owned
properties.It is recommended that the staging area be located within the right-of-way,
maintaining access to all properties as well as maintaining access in and out of the island via
Sunset Drive.
A recommended staging area would be along W 23rd Street.Per the project drawings,there
are approximately 400 LF starting after STA 6+00"G"(Sheet C-03)and continuing up to the
intersection with Lake Avenue,where the pipe could be staged in preparation for pullback.The
Contractor shall adjust the location of the insertion and extraction pits based on the
recommended staging area.In addition,the Contractor shall also take into consideration the
LF available within the proposed staging area to determine the length of pipe to be fused,as
this is part of the Contractor's means and methods.
Moreover,the properties affected by the recommended staging area,such as 1441 W 23rd
Street and 2300 Lake Avenue,would maintain access through at least one (1)driveway via
Regatta Avenue and Lake Avenue respectively.
B.Per the geotechnical investigation performed during the project,evidence of a geofabric
mesh was not found.The limits and details of the pavement restoration can be found in the
project drawings and the standard details per the City's Public Works Manual are still
applicable (refer to the pavement restoration in Sheets C-30 and C-31).
It is not anticipated that a geofabric mesh would be required.The excavation will be done with
select backfill material and no unsuitable backfill material shall be used.However,if needed
and if evidence of a geofabric mesh is found,it will be reimbursed via Owners Contingency
7 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
D o cusig n E nvelope ID :425A F 80C -7268-40O 6-953C -5B22A 732C D 2F
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3+Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
funds calculated post award and must be approved by the City.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.
Q33:A.It is observed through the plan set that the force main on this project is 10"and 12"lines respectfully.
There are air valves along this line that are of concern to be undersized not based on the valve size called out,
rather the physical limitations of air CFM volume that the named air valve manufacture can handle though the
air valve itself.This concern is directly related with the minimum CFM flow requirements that the air valves
need to handle per AWWA C512 standards,along with AWWA's M51 air valve manual.The top of the air valve
is usually the derating indicating factor.Please ensure that the air valves being called out on this project
minimally meet the following CFM flow rates.
Pipeline Dia.(in.)GPM Required Flow Rate (scfm)Fluid Velocity (fps)
10 738 99 3
10 1224 164 5
10 1958 262 8
12 1050 140 3
12 1762 236 5
12 2820 377 8
The above should be a minimum CFM vacuum relief performance-based capacity requirement.Air valve
manufacturer should be following AWW A's M51 manual with a 5 psi differential to get the required air flow to
mitigate pipeline issues.
AIR &VACUUM FLOWRATE
MIAMI BEACH
12
3 •g
?•gaa
~s0vi-
6 -8
/
/--L-~.-
/_,
I
I
-100 8157 -50 50 100 150 200
Flowrate (CFMJ
B.Question related to the air valves along this line,has a surge analysis been performed to validate
air valve sizes,locations,and required CFM flows for both downsurge and upsurge events?
C.Based on data presented,we are recommending the following air valve models from Vent Tech on the
wastewater side of things be considered for your project to minimally meet the design intent conforming to
AWWA's baseline standards with best engineering practices in mind.Minimum sealing pressures and height
of valves are slaled below lo guide proper selection.
Links to Model #'s:
8 ADDENDUM NO.2
INVITATION TO BID NO.2024-4 81-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-4 006-953C-5B22A732CD2F
MIAMI BEACH
SSG -https://www.internationalvalve.com/sewer-valvesxg
SDG -https://www.internationalvalve.com/sewer-valvessg-1
SKW -contact directly
SWG -https://www.internationalvalve.com/sewer-valveswg
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
If you require a true zero psi sealing air valve,then the SZG can be looked at,but these are tall valves by
design.This force main more than likely has a few critical air valves that are required.The above should highly
be considered as the findings of insufficient air valves on force mains are leading to catastrophic failure.Our
recent findings of transient data captured from the field and using this to calibrate surge models,the analysis
usually shows a couple of critical air valves being required.Force mains need to be designed around worst-
case scenarios including power failure at the lift station.
A33:
A &B.The City performed a hydraulic modeling,which is attached to this addendum in the
Final Engineering Report,Attachment D,Exhibit D.Moreover,this is a small/local lift station
that only collects the local wastewater generated in the island and that discharges to a gravity
system.Therefore,no high pressures/surges are expected in the system.See Attachment D for
Final Engineering Report.
C.The air release valve model has been selected per the City of Miami Beach Public Works
Manual and Standard Details.However,after the Contractor is selected,a different air release
valve model can be submitted during the shop drawings review process for review and
approval of the City and EOR.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943 miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.Potential proposers
that have elected not to submit a response to the 1TB are requested to complete and return the "Notice to Prospective
Bidders"questionnaire with the reason(s)for not submitting a proposal.
9 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH
ATTACHMENT A
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
MIAMI BEACH
MB-Sunset Islands WM and FM Replacement-
Technical Specifications-20231227
UPLOADED SEPARATELY TO PERISCOPE
10 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-40O6-953C-5B22A732CD2F
MIAMI BEACH
ATTACHMENT B
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
M AMI BEACH
City of Miami Beach-Sunset lslands-
Geotechnical Exploration Report
UPLOADED SEPARATELY TO PERISCOPE
11 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-4 0D6-953C-5B22A732CD2F
MIAMI BEACH
ATTAC HME NT C
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
MIAMI BEACH
City of Miam i Beach-Sunset Islands-A ddendum
Letter
UPLOA DED SEPARA TELY TO PER ISC O PE
12 A DDEN D U M NO .2
IN VITATIO N TO BID NO .2024-4 81-JP
SU NSET ISLA NDS 2 TO 3 FO RCE MAIN AND W ATER MAIN REPLA CEM ENT
D ocusig n E nvelo pe ID :425A F80C -7268-4 06 -953C -5B22A4 732C D 2F
MIAMI BEA CH
ATTA C HMEN T D
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3 Flor
Miami Beach,Florida 33139
www .miamibeachfl.gov
M AMI BEACH
Sunset Islands Final Engineering Report-
20230303-s
UPLO ADED SEPA RATELY TO PERISCOPE
13 ADDENDUM NO.2
INVITATIO N TO BID NO .2024-4 81-JP
SUNSET ISLA NDS 2 TO 3 FO RCE MAIN AND W ATER MAIN REPLA CEM ENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A4732CD2F
MIAMI BEACH
ATTACHMENT E
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3d Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
MIAMI BEACH
REVISED LIQUIDATED DAMAGES
14 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A4732CD2F
MIAMI BEACH
1.Failure to achieve Substantial Completion:$2,650/day
2.Failure to achieve Final Completion:$1,325/day
Reference:Section 0400,Terms and Conditions of the Contract.
15 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 4,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,
or other clarifications and revisions issued by the City.The 1TB is amended in the following particulars only
(deletions are shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals
through PeriscopeS2G is extended until 3:00 p.m.,on Friday,September 20,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall
be accepted as timely submitted.Bids cannot be submitted after the deadline established for
receipt of bids.Hard copy bids or bids received electronically,either through email or facsimile,
submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected.
Late bids cannot be submitted,bidders are cautioned to plan sufficiently.The City will in no way be
responsible for delays caused by technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
II.REVISION:DELETE 1TB Summary -Section 13 -Minimum Requirements of the 1TB,in its entirety and
REPLA CE with EXHIBIT A:Revised Section 13 -Minimum Requirements.
Ill.ATTACHMENTS:
EXHIBIT A:Revised Section 13-Minimum Requirements
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943 miamibeachfl.ov
1 ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AFB0C-72 68-4 0O6-953C-5B22A732CD2F
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,lat&a cl4jade
Natalia Delgado
Procurement Contracting Officer Ill
2 ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
MIAMI BEACH
Docusign Envelope ID:425AF80C-72 68-4006-953C-5B22A732CD2F
MIAMI BEACH
EXHIBIT A
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3d Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
MIAM I BEACH
Revised Section 13 -Minimum
Requirements
Bids from bidders that do not meet the following Minimum Requirements shall be deemed non-responsive
3 ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-72 68-4 0D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
and shall not be considered.
1.Licensing Requirements.Bidder shall be State of Florida Certified General Contractor
OR
Miami Dade County Licensed General Contractor to be considered for award
OR
State of Florida Certified Underground Utility and Excavation Contractor
Submittal Requirement:Provide a copy of the license.
2.Previous Experience of Bidder (Firm or its principal).Bidder or its principal must have been awarded
a minimum of three (3)projects of similar scope and budget within the last ten (10)years,two (2)of
which must be completed,and the third may be ongoing.A project of similar scope shall be defined
as construction and repair of force main OR water main with construction cost of at least $2,000,000.
Submittal Requirement:For each project,submit 1)the Owner name,2)the contact name,
telephone,and email,3)the project address,4)a narrative on the scope of services provided,and
5)the contract amount and completion date.
3.Previous Experience of Bidder (Firm)Lead Project Manager.Bidder's Lead Project Manager must
have completed at least two (2)projects with similar scope.A project of similar scope shall be defined
as construction and repair of force main OR water main.
Submittal Requirement:For each project,submit 1)Name of the Lead Project Manager 2)Project
Owner Contact Name,Telephone,and email,3)Project Address,4)Narrative on Scope of Services
Provided,and 5)Completion date (if applicable).
4.Previous Experience of Bidder (Firm)Superintendent.Bidder's Superintendent must have completed
at least two (2)projects with similar scope.A project of similar scope shall be defined as construction
and repair of force main OR water main.
Submittal Requirement:For each project,submit 1)Name of Superintendent 2)Project Owner
Contact Name,Telephone,and email,3)Project Address,4)Narrative on Scope of Services
Provided,and 5)Completion date (if applicable).
Reference:Section 0200.
4 ADDENDUM NO.1
INVITATION TO BID NO.2024-4 81-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
1TB SUMMARY
The purpose of this 1TB Summary is to summarize the major terms,conditions,and requirements of
the 1TB.Bidders shall note that various paragraphs within these bid documents have a box (□),
which may be checked (8).If the box is checked,the language is made a part of the bid documents,
and compliance therewith is required of the Bidder;if the box is not checked,the language is not
made a part of the bid documents.It is the Bidder's responsibility to become familiar with all terms,
conditions,and requirements of the 1TB,whether or not they are included in the 1TB Summary.
Further,it is the Bidder's responsibility to make note of and account for any revisions to any portion
of the 1TB Summary that may result from an addendum to the 1TB.
SUMMARY 1TB INFORMATION &GENERAL REQUIREMENTSITEMNO.
1 1TB No.:1TB 2024-481-JP
2 1TB Title:Sunset Islands 2 to 3 Force Main and Water Main
Replacement
3 Date of Issuance:Friday,July 26,2024
4 Project Description &This water system project was recommended in the City's
Scope of W ork:Water System Master Plan (2019)under Project W-45 for
installation in 2020 -2025.The City of Miami Beach approved
the implementation of capital improvements in accordance
with the City's Water Master Plan (2019).Additionally,the
sewer system component of this project is necessary to
complete a future project S-12 recommended in the City's
Sewer System Master Plan.
The purpose of this project is the replacement and relocation
of an existing 8-inch force main owned by the City of Miami
Beach (City)as well as a section of an existing 8-inch water
main.This project aims to replace the existing force main
subaqueous canal crossing,which has experienced several
failures in the recent past,leading to sanitary sewer discharge
to the waterw ay,and whose current condition poses an
environmental risk.Therefore,it is the intent of the City to
replace the canal crossing with a Horizontal Directional Drilling
(HOD)installation in a more suitable location that will also
provide more durable materials to reduce the risks of pipeline
failure in the future.The pipeline to be replaced is located
along Sunset Islands 2 and 3 and includes a subaqueous
crossing under the Sunset Lake through an existing utility
easement located between W 24th Street and W 25th Street.
The force main section to be replaced spans between the
discharge of PS-13,located on Sunset Drive at the south end
of Sunset Island 3,and the point of connection of PS-14 on
Sunset Drive at the north end of Sunset Island 2.Similarly,the
water main section to be replaced spans betw een the South
end of Sunset Island 3 and the North end of Sunset Island 2,
including a subaqueous crossing under Sunset Lake through
the existing utility easement.
In accordance with recommendations in the City's Water
Master Plan and Sewer Master Plan,the scope of this project
Version 2023.2.10
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
includes the installation of approximately 1,300 linear feet (LF)
of a subaqueous 12-inch inside diameter (ID)High-Density
Polyethylene (HOPE)force main via Horizontal Directional
Drilling (HOD)and the installation of approximately 725 LF of
a subaqueous 10-inch HDPE water main via Horizontal
Directional Drilling (HDD).These new portions of force main
and water main will relocate and replace the existing
subaqueous crossings.The project also includes the
installation of approximately 2,360 LF of 10-inch Polyethylene
Chloride (PVC)C-900 force main that will be installed via an
open trench in order to connect the proposed force main to the
existing system at the North and South ends of the project.In
addition,approximately 100 LF of 8-inch Ductile Iron (DI)water
main will be installed via an open trench,in order to connect
the proposed water main to the existing system at the north
and south ends of the project.
The work set forth within these contract documents includes
the furnishing of all labor,materials,equipment,services,and
incidentals necessary to complete the required work described
here,including all appurtenant work,complete,tested,and
ready for operation,including temporary utilities and facilities
as required,all surveying work for layout construction and as-
builts,all in conformance with these Contract Documents and
City of Miami Beach Public Works Standards.
5
6
7
8
Project Site:
Estimated Budget:
Procurement Contact:
Cone of Silence:
Sunset Islands 2 and 3 (Approximately from 2288 SUNSET
DR,along Sunset Drive,along Lake Avenue,along W 27
Street,along W 23°Street to 2700 SUNSET DR)
$3,400,000
Name:Julissa Perez
Telephone:305-673-7000 ext.26943
Email:Julissaperez@miamibeachfl.aov
Bidders are hereby advised that pursuant to Section 2-486 of
the City Code,this solicitation is under the Cone of Silence
law.Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein
with a copy to the City Clerk at
rafaelgranado@miamibeachfl.gov.
Reference:Section 0400,Solicitation Terms and Conditions
IMPORTANT DATES
9 Due Date &Time for Bid
Submittal:
A n addendum to the 1TB m ay
m odify the due date.The Bidder
m ust dow nload all addenda.
The deadline for the submittal of bids is 3:00 pm on
Monday,September 9,2024
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 786-636-1480 United States,Miami
Phone Conference ID:644 051 008#
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
Bidders are cautioned that late bids can not be submitted.
Bidders are fully responsible for assuring that bids are received
by the deadline.
10
11
12
Pre-Bid Conference:
[]Pre-Bid Conference will
be held.
[]Pre-Bid Conference is
Mandatory.
D A Pre-Bid Conference
will not be held.
Site Visit:
]Site Visit will be held.
[]site Visit is Mandatory.
D Site Visit will not be
held.
Last Day for Receipt of
Questions:
Date:Friday,August 9,2024
Time:2:00 PM
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 786-636-1480 United States,Miami
Phone Conference ID:539 774 99#
Reference:Section 0100,Sub-section 6,Pre-Bid
Interpretations.
Date:Friday,August 9,2024
Time:10:30 AM
Location:Sunset Islands 2 and 3 (Approximately from
2288 SUNSET DR,along Sunset Drive,along Lake
Avenue,along W 27th Street,along W 23rd Street to 2700
SUNSET DR)
Miami Beach,FL 33139
Friday,August 30,2024 by 5:00 pm E.T.
Questions will be allowed up to 10 days before the initial
deadline for submittal of Bids.Questions must be directed to
Julissaperez@miamibeachfl._goy,with a copy sent to the City
Clerk rafaelgranado@miamibeachflgoy.
Reference:Section 0100,Sub-section 6,Pre-Bid
Interpretations.
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
PROJECT SPECIFIC INFORMATION &REQUIREMENTS
13 Minimum Requirements:
[]shall apply.
[]shal not apply.
Bids from bidders that do not meet the following Minimum
Requirements shall be deemed non-responsive and shall not
be considered.
1.Licensing Requirements.Bidder shall be State of
Florida Certified General Contractor
OR
Miami Dade County Licensed General Contractor to be
considered for award.
OR
State of Florida Certified Underground Utility and
Excavation Contractor
Submittal Requirement:Provide a copy of the license.
2.Previous Experience of Bidder (Firm or its principal}.
Bidder or its principal must have been awarded a
minimum of three (3)projects of similar scope and
budget within the last five (5)years,two (2)of which
must be completed,and the third may be ongoing.A
project of similar scope shall be defined as construction
and repair of force main OR water main with
construction cost of at least $2,000,000.
Submittal Requirement:For each project,submit 1)the
Owner name,2)the contact name,telephone,and
email,3)the project address,4)a narrative on the
scope of services provided,and 5)the contract amount
and completion date.
3.Previous Experience of Bidder (Firm)Lead Project
Manager.Bidder's Lead Project Manager must have
completed at least two (2)projects with similar scope
and budget.A project of similar scope shall be defined
as construction and repair of force main OR water main
with construction cost of at least $2,000,000.
Submittal Requirement:For each project,submit 1)
Name of the Lead Project Manager 2)Project Owner
Contact Name,Telephone,and email,3)Project
Address,4)Narrative on Scope of Services Provided,
and 5)Contract cost and completion date (if
applicable).
4.Previous Experience of Bidder (Firm)Superintendent.
Bidder's Superintendent must have completed at least
two (2)projects with similar scope and budget.A
Docusign Envelope ID:425AF80C-7268-4 0D6-953C-5B22A732CD2F
projectof similar scope shall be defined as construction
and repair of force main OR water main with
construction cost of at least $2,000,000.
Submittal Requirement:For each project,submit 1)
Name of Superintendent 2)Project Owner Contact
Name,Telephone,and email,3)Project Address,4)
Narrative on Scope of Services Provided,and 5)
Contract cost and completion date (if applicable).
Reference:Section 0200.
14 Bid Bond Requirements:
]shall apply.
[]shal not apply.
If the requirement applies,a bid bond that is in compliance with
Section 0100 must submitted.
Reference:Appendix B Bid Bond Form
Section 0100,Sub-section 8,Bid Bond.
D o cusig n Envelope ID :425AF 80C -7268-4 0D 6-953C -5B22A 732C D 2F
15
16
17
18
19
20
21
Insurance:
]shall apply.
D Shall not apply.
Contract Price:
[]Lump sum pricing shall
apply.
[]Unit pricing.
Alternates:
D Included.
]Not Included.
Contract Time &Schedule:
Liquidated Damages:
]shall apply.
[]shall not apply.
Minimum %of Self-Work
Requirement:
]shall apply.
D Shall not apply.
Performance &Payment
Bond Requirements:
]Shall apply.
D Shall not apply.
If the requirement applies,Bidder agrees it shall fully comply
with the insurance requirements in Appendix I.
Compliance with the insurance requirements shall not relieve
the Contractor of its liability and obligation under this section
or any other section of the agreement.
As indicated,contract pricing shall be based on lump sum or
unit pricing in accordance with Section 0400,Terms and
Conditions of the Contract.The award shall be made in
accordance with Section 0100,Instructions to Bidders
subsection 10,Method of Award.
In determining the lowest bid,the City may consider the total
base bid cost or the cost of the total base bid plus any selected
alternates (as applicable).The consideration of any bid
alternate (if applicable)shall be solely at the City's discretion.
If applicable,bid alternates will be detailed in the Bid Price
Form,Appendix A.Determination of the award (including
whether bid alternates will be included in the award)shall be
made in accordance with Section 0100,Instructions to Bidders
subsection 10,Method of Award.
Days for Substantial Completion:180 days
Days for Final Completion:40 days
Total Project Duration:220 days
Project Scheduling Software Required:D Bar Chart
[gl Computerized CPM using Primavera "P6"softw are
[]Modified CPM
[]Microsoft Project
Reference:Section 0400,Terms and Conditions of the
Contract.
1.Failure to achieve Substantial Completion:$4,722.22/day
2.Failure to achieve Final Completion:$4,722.22/day
Reference:Section 0400,Terms and Conditions of the
Contract.
Minimum %of the work Contractor will self-perform with its
forces:30%
See Section 0400,Terms and Conditions of the Contract.
See Section 0400,Terms and Conditions of the Contract.
1.Formal Solicitations Terms and Conditions for Goods and
Services
AND
General Conditions for Construction Contracts
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A 732CD2F
22 Davis-Bacon Wage Rates:If the requirement applies,Bidder agrees that it and its sub-□Shall apply.contractors shall pay laborers and mechanics employed under
the Contract no less than the prevailing wage rate,and fringe
]shall not apply.benefit payments to be used in implementation of this article
shall be those last published by the United States Department
of Labor in the Federal Register prior to the date of issuance
of the 1TB.
23 Local Workforce Applicab le to contracts in exce ss of $4,500,000.If the
Participation:req uirem ent applies,the Bidder agrees that it and its
subcon tractor s shall make its good faith,rea sonable efforts to
promote employm ent opportunities for Miami-Dad e County
residents by seeking to achieve a project goal of having thirty
percent(30%)of all construct ion labor hours performed by
Miami-Dade Count y residents.The Contracto r shal l also make
its best reasonable efforts to promote employment
opportunities for Miami Beach residents.
Refer to Section 0100,Sub-sect ion 9,Prevailing Wage Rates
&Local Workfo rce Participati on and City Code Sec.31-40.
Local workforc e participation goal s and reporting requirements
for city construction contracts .
24 Prevailing Wage Rates:Applicable to contracts in exce ss of $1,500,000.If the
requirement applies,Bidder agrees it,and its subcontra ctors
shall pay labore rs and mechanics employed under the
Contract no less than the prevailing-wage rate,and-fringe
benefit paym ents to be used in implementation of this article
shall be those last published by the United States Department
of Labor in the Federal Registe r prior to the date of issu ance
of the [TB.
Refer to Section 0100,Sub-secti on 9,Prevailing Wage Rates
&Local Workfo rce Participati on and City Code Sec.3127.
Establishm ent of minimum wages for city construction
contracts.
25 Certified Payroll Reporting Pursuant to City Code Section 31-32,the Awarded Contractor
Requirement:must submit certified payroll records along with each payment
]shall apply.application to allow the City to verify the wage rates paid to
construction workers performing work on city projects.
D Shall not apply.All certified payroll records submitted to the City shall,at a
minimum,include the name,address or zip code,labor
classification,hours worked,and hourly base rate paid for
each laborer,mechanic,and apprentice employed by any
contractor or subcontractor on the work covered by the city
construction contract.
Docusign Envelope ID:425AF80C-72 68-40O6-953C-5B22A 732CD2F
26
27
28
29
30
Required Permits:
]Shall apply.
D Shall not apply.
Trench Safety Act
Requirements
]shall apply.
[]sha not apply.
Art in Public Places:□Shall apply.
[]Shall not apply.
Consultant:
Participating
Agency/Grantor:
PERMITS:The CONTRACTOR shall obtain and pay for any
permits that may be required for execution of the work,
including but not limited to:
1.City of Miami Beach Building and Zoning Department.
2.City of Miami Beach Public Works Department
3.United States Army Corp of Engineers,if required.
4.Florida Department of Environmental Protection
(FDEP),if required.
5.South Florida Water Management District,if required.
6.Miami-Dade Department of Environmental Resources
Management (DERM),if required.
7.Miami-Dade Water and Sewer (WASD),if required.
8.If required,Miami Dade County Transportation and
Public Works:Traffic Signals and Signs Division.
Reference:Section 0100,Sub-section 12,Florida Trench
Safety Act.
This Project is subject to the Art in Public Places ("AiPP")
provisions as set forth in Sections 82-561 through 82-612 of
the City of Miami Beach Code,as managed by the City of
Miami Beach Tourism and Culture Department.The Project
or Developer,as applicable,shall transmit 2%or as amended
of the Project costs for all development on City land to Art in
Public Places,Tourism,and Culture Department for the
implementation of the AiPP program.The Project or Developer
is required to work collaboratively with the Tourism and Culture
Department on the implementation of the AiPP program,
including construction project coordination as required by the
project,pursuant to the requirements of said program.
300 Engineering Group,LLC
2222 Ponce de Leon Blvd
Suite 300
Coral Gables,Florida 33134
NIA
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
SUBMITTAL REQUIREMENTS
30
31
Submittal Location:
Submittal Format &
Requirements:
Bids will be submitted ELECTRONICALLY ONLY through
Periscope S2G (formerly known as BidSync)
(www.periscopeholdings.com or www.bidsync.com).
Bids are to be submitted ELECTRONICALLY ONLY,contain
all information,and organized in accordance with Section
0300,including:
BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION
Submit the Bid Submittal Questionnaire -
Construction:The questionnaire is an online
fillable form that must be completed and
submitted electronically via Periscope S2G.
TAB 1:MINIMUM QUALIFICATIONS
SUBMITTAL REQUIREMENTS
AND
Submit evidence,as specifically requested in
the 1TB Summary,of compliance with each
minimum requirement(s)of this 1TB.Bidders
that do not comply,or for whom the City cannot
verify compliance,shall be deemed non-
responsive,and its bid shall not be considered.
TAB 2:BID PRICE FORM &BID BOND
The following documents shall be submitted by
the deadline for the submittal of bids:
1.Bid Price Form.(Appendix A).
2.Bid Bond Form (see Section 0100,
Sub-section 8).If the requirement
applies,the bid bond is a required
document that shall be submitted on or
before the deadline for bids.
FAILURE TO SUBMIT THE MOST
RECENTLY COMPLETED 1)BID
PRICE FORM AND 2)BID BOND BY
THE DEADLINE FOR SUBMITTAL OF
BIDS SHALL RESULT IN THE BID
BEING DEEMED NOT RESPONSIVE
AND NOT BEING FURTHER
CONSIDERED.
3.Schedule of Values (Appendix C).
MUST BE SUBMITTED WITH THE BID
OR WITHIN THREE (3)DAYS OF
REQUEST BY THE CITY.
TAB 3:OTHER BID FORMS
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
Submit othe r form s if rCqui redi n the IT
Summary,including but not limited to:
1.Local Workforce Participation
Program Responsible ContractorAffidavitForm{App endi x D).If the ITE
Sum mary indicate s a Local Workfo rce
Participatio n Progr am is appli cab le,then
this form must be submitted.
2.Trench Safety Certification Form
(Append ixE).lftheITESummary
indicates a Trench Safety Act is
app licable,then this form must be
submitted.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO BIDDERS
0200 MINIMUM QUALIFICATIONS
0300 BID SUBMITTAL FORMAT
0400 TERMS &CONDITIONS (Under separate cover)
APPENDICES:
APPENDIX A BID PRICE FORM
APPENDIX B BID BOND FORM
APPENDIX C SCHEDULE OF VALUES
APPENDIX D PREVAILING WAGES AND LOCAL WORKFORCE PARTICIPATION
APPENDIX E TRENCH SAFETY CERTIFICATION FORM
APPENDIX F CONTRACT FORM
APPENDIX G LIST OF PLANS &SPECIFICATIONS
APPENDIX H POST AWARD FORMS
APPENDIX I INSURANCE REQUIREMENTS
Version 2023.2.10
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
SECTION 0100 -INSTRUCTIONS TO BIDDERS:
1.General.This Invitation to Bid (1TB)is issued by the City of Miami Beach,Florida (the "City"),
as the means for prospective Bidders to submit their qualifications and bid (the "Bid")to the
City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein.All documents released in connection with this solicitation,
including all appendixes and addenda,whether included herein or released under separate
cover,comprise the solicitation and are complementary to one another and together establish
the complete terms,conditions,and obligations of the Bidders and,subsequently,the
successful Bidder(s)(the "contractor[s]")if this 1TB results in an award.
The City utilizes Periscope S2G (formerly known as BidSync)(www .periscopeholdings.com
or www .bidsync.com)for automatic notification of competitive solicitation opportunities and
document fulfillment,including the issuance of any addendum to this 1TB.Any prospective
Bidder who has received this 1TB by any means other than through Periscope S2G must
register immediately with Periscope S2G to ensure it receives any addendum issued to this
1TB.Failure to receive an addendum may result in disqualification of the proposal submitted.
2.Background and Scope of Work.The Project is described more fully in the Invitation to Bid
Summary (and any exhibits referenced therein).
3.Abbreviations and Sym bols.The abbreviations used throughout the Contract Documents
are defined in the Technical Specifications.The symbols used in the Plans are defined therein.
4.Examination of Contract Documents and Site.It is the responsibility of each Bidder,before
submitting a Bid,to:
a.Examine the Contract Documents thoroughly.
b.Visit the site or structure to become familiar with conditions that may affect costs,
progress,performance,or furnishing of the Work.
c.Take into account federal,state,and local (City and Miami-Dade County)laws,
regulations,permits,and ordinances that may affect costs,progress,performance,
furnishing of the Work,or award.
d.Study and carefully correlate Bidder's observations with the Contract Documents.
e.Carefully review the Contract Documents and notify the City of all conflicts,errors,or
discrepancies in the Contract Documents of which Bidder knows or reasonably
should have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder that
Bidder has complied with the above requirements and that,without exception,the Bid is
premised upon performing and furnishing the Work required by the Contract Documents and
that the Contract Documents are sufficient in scope and detail to indicate and convey an
understanding of all terms and conditions for performance and furnishing of the Work.
5.Location of Work.This Scope of Work shall be completed at the Project Site/Location of the
Work specified in the Invitation to Bid Summary (the "Project Site").
6.Pre-Bid Interpretations.Only those questions answered by the City's Procurement
Department via a written addendum to this 1TB shall be binding as to this 1TB.City's answers
to questions may supersede terms noted in this 1TB,and in such event,such answers shall
Version 2023.2.10
D o cusign Envelope ID :425A F80C -72 68-4 0D 6-953C -5B22A 732C D 2F
govern and control this 1TB.Verbal and other interpretations or clarifications of City
representatives or employees will be without legal effect.All questions about the meaning or
intent of the Contract Documents are to be directed to the City's Procurement Director in
writing.Interpretations or clarifications considered necessary by the City's Procurement
Director in response to such questions will be issued by the City by means of addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having received the
Bidding Documents.Written questions should be received no less than ten (10)
calendar days prior to the date of the opening of Bids.There shall be no obligation on
the part of the City or the City's Procurement Director to respond to questions received
less than ten (10)calendar days prior to bid opening.
7.Electronic Form of Bid.All bids must be made upon the blank Bid/Tender Form included
herein and must give the price in strict accordance with the instructions thereon.The bid
must be signed and acknowledged by the Bidder in accordance with Section 0300 and must
be received on or before the deadline for the submittal of bids.Late bids will not be accepted
and will not be considered.It is the Bidder's responsibility to account for any possible delay.
8.Bid Bond.If the Invitation to Bid Summary specifies that a bid bond is required,the Bidder
shall submit,BY THE DEADLINE FOR SUBMITTAL OF BIDS,a bid bond,in the manner
prescribed herein,in the amount of 5%of the total base bid amount,payable to City of Miami
Beach,Florida,as guarantee of good faith on the part of the Bidder that,if awarded,it will
enter into a contract within 30 days of notification of award.Bid bonds must be issued by a
surety company authorized to conduct business in the State of Florida and carry a rating of
B+or better,as listed in the A.M.Best or equivalent rating guide.
a.Acceptable Forms of Bid Bonds.Electronic,electronic copy,paper (original or
certified hard copy),or cash/check bid bonds are acceptable in the following forms
only:
1.Electronic Bid Bond.Bidder may submit an electronic bid bond,provided by
Surety2000.com (verified by an eleven-digit code generated by the
Surety2000 system)and provided by the Bidder with the bid.The instructions
for obtaining a bid bond through Surety2000 are below.
1.R egister w ith Surety 2000 by visiting www .surety2000.com .If you have previously
registered w ith Surety 2000,you will not need to register again.
2.Verify that your Surety Bro ker is registered w ith Surety 2000.If they are not,direct
them to visit www .surety 2000.com to register.
3.Pro vide your Surety Bro ker with the bond details fo r the proposal you want to bid on.
4.O nce your Surety Bro ker has confirm ed the execution of the electronic Bond,log into
www .surety2000.com to digitally sign the Bond and receive the eleven-digit bond
num ber.
5.Enter this num ber w here indicated in the bid proposal subm ission.
The option to subm it an electronic bid bond is provided solely fo r the convenience of
the Bidder.The Bidder is solely responsible fo r ensuring that the City receives an
electronic bid in the m anner and by the tim e and date prescribed herein.The City is
not responsible fo r any issues,technical or otherw ise,relating to the use of the Surety
2000 system by a bidder.For questions regarding the Surety 2000 system ,contact 1-
800-6 60-3 263 or help@ surety 2000.com .
Or
D o cusign Envelope ID :425A F80C -7268-4 0D 6-953C -52 2A 732C D 2F
2.Electronic Copy Bid Bond.Bidders may submit an electronic copy of the
bid bond through Periscope S2G,which the City must receive on or before
the deadline for the submittal of bids.Failure to submit an electronic copy of
the bid bond through Periscope S2G or bid bonds received after the deadline
for submittal of bids will not be acceptable and shall render the bid submittal
non-responsive.The City may require the original bid bond to be submitted
within three (3)days from request.
Or
3.Paper Bid Bond.Bidder may submit an original or certified hard-copy (paper)
bid bond,which the City must receive on or before the deadline for submittal
of bids.Failure to submit an original or certified hard-copy (paper)bid bond or
bid bonds received after the deadline for submittal of bids will not be acceptable
and shall render the bid submittal non-responsive.The original or certified hard
copy (paper)must be mailed to the address below by the deadline for the
submittal of bids.
Attn:Procurement Department
City of Miami Beach
City Clerk's Office
1700 Convention Center Dr.,1st Floor
Miami Beach,33139-1st Floor
Or
4.Certified or Cashier's Check.Bidder may submit a certified check or cashier's
check issued by any national or state bank (United States)payable to the City
of Miami Beach,Florida.
A SCANNED OR PDF COPY OR A PERSONAL CHECK OR COMPANY
CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID BID BOND
AND SHALL NOT BE ACCEPTABLE.FAILURE TO SUBMIT A BID BOND
IN ONE OF THE ACCEPTABLE FORMS STATED ABOVE SHALL RENDER
BID NON-RESPONSIVE.
b.Forfeiture of Bid Bond.The bid bond of the successful Bidder shall be forfeited
to the City of Miami Beach as liquidated damages,not as a penalty,for the cost
and expense incurred should said Bidder fail to execute the Contract,provide the
required Performance Bond,Payment Bond (recorded by Miami Dade County)and
Certificate(s)of Insurance,within ten (10)calendar days after the Bidder's receipt
of the Contract for execution,or failure to comply with any other requirements set
forth herein.Bid bonds of the unsuccessful Bidders will be returned after the
successful Bidder is awarded.
9.Prevailing Wage Rates &Local Workforce Participation.See 1TB Bid Summary to
determine if prevailing wages and local workforce participation are a requirement of this 1TB.
If required,Chapter 31,Articles II and 111,of the Code of City of Miami Beach requires that
the rate of wages and fringe benefits,or cash equivalent,for all laborers,mechanics and
apprentices employed by any contractor or subcontractor on the work covered by the
Contract,shall not be less than the prevailing rate of wages and fringe benefit payments or
cash equivalence for similar skills or classifications of work,as established by the Federal
Docusign Envelope ID:425AF80C-7268-40D6-953C-5822A732CD2F
Register last published by the United States Department of Labor prior to the date of issuance
of this solicitation.Additionally,the Contractor will make its best reasonable efforts to
promote employment opportunities for Miami-Dade County residents by seeking to achieve
a project goal of having thirty percent (30%)of all construction labor hours performed by
Miami-Dade County residents.The Contractor shall also make its best reasonable efforts to
promote employment opportunities for Miami Beach residents.Refer to Appendix D for
additional information,the submittal requirements for these programs,and the
applicable prevailing wage table for the project.
10.Method of Award.On the Bid Price Form (Appendix A),the Bidder must state its
Total Base Bid,which includes the cost of the base project scope requirements
(inclusive of all terms,conditions,specifications,plans,and any other requirement)
and the Grand Total Bid,which includes the Total Base Bid plus permit and trench
safety indemnification allowances.
The Bid Price Form (Appendix A)may also include Additive Alternates,which add
certain additional scope elements,and Deductive Alternates,which reduce certain
scope elements.The City may consider additive or deductive bid alternates to
achieve the maximum project scope within the available budget.
When bids are below the stated budget,the City may consider including one or more
Additive Alternate,in the order of priority stated,in determining the lowest responsive,
responsible Bidder.When bids are above the stated budget,the City may consider
including one or more Deductive Alternate,in the order of priority stated,in
determining the lowest responsive,responsible Bidder.
The responsive,responsible Bidder submitting the lowest sum of the Grand Total Bid
plus any alternates selected by the City shall be considered the lowest responsive,
responsible Bidder.When the Grand Total Bid plus any alternates selected is equal
to or less than the amount established in section 2-366 of the City Code for formal
bids shall be awarded by the City Manager,or designee,to the lowest responsive
and responsible Bidder meeting all terms,conditions,and specifications of the 1TB.
When the Grand Total Bid plus any alternates selected is in excess of the amount
established in section 2-366 of the City Code for formal bids shall be awarded by the
City Commission to the lowest responsive and responsible Bidder meeting all terms,
conditions,and specifications of the 1TB.
In addition to price,the following factors,pursuant to Section 2-369 of the City Code,
shall be considered:
•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.
Docusign Envelope ID:425AFB0C-72 68-4 0O6-953C-5822A732CD2F
The City Manager shall also have the authority to reject any bids,pursuant to Section
2-367 of the City Code.
The City Commission may 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.
The approval of the City Manager's recommendation by the City Commission shall not
constitute a binding contract between the City and the selected Bidder(s).A binding
contract will exist upon the complete execution and delivery of the City's Contract.
11.Contract Price.The Contract Price consists of the total base bid amount and the owner's
contingency (to be used solely by the City at its sole discretion for the purpose described in
that Contract Documents).The Contract Price,exclusive of the Owner's Contingency,
includes,without limitation,all costs for all labor,materials,equipment,fixtures,freight,field
supervision,supervisory expenses,project vehicles,field office and equipment,postage and
delivery,safety and first aid,telephone,transportation of employees,parking,insurance,
taxes,preparation and maintenance of the construction schedule and the preparation of as-
built and shop drawings,as well as Contractor's overhead and profit required for completion
of all the Work in accordance with the requirements of the Contract Documents,including
work reasonably inferable therefrom,even if such items of Work are not specifically or
expressly identified as part of a line item in the Bid Price Form.
12.Florida Trench Safety Act.If the work involves trench excavations that will exceed a depth
of 5 feet,the requirements of Florida Statutes,Chapter 553,Part Ill,Trench Safety Act,will
be in effect.The Bidder,by virtue of submitting a bid,certifies that such Act will be complied
with during the execution of the work.The Bidder acknowledges that the total bid price
includes all costs for complying with the Florida Trench Safety Act.The Trench Safety
Certification Form can be found in Appendix E.If the 1TB Summary indicates a Trench Safety
Act is applicable,then this form must be submitted.
13.E-Verify.As a contractor,you are obligated to comply with the provisions of Section 448.095,
Fla.Stat.,"Employment Eligibility."Therefore,you shall utilize the U.S.Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to utilize the
U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the Contract term.
14.How to Manage or Create a Vendor Profile on Vendor Self-Service (VSS).In addition to
registering with Periscope S2G,the City encourages vendors to register with our online
Vendor Self-Service web page.This allows City vendors to easily update contacts,
attachments (W-9),and commodity information.The Vendor Self-Service (VSS)webpage
(https://selfservice.miamibeachfl.gov/vssNendors/default.aspx)will also provide you with
purchase orders and payment information.
Should you have any questions or comments,do not hesitate to submit them to
vendorsupport@miamibeachfl_gov.
15.Supplier Diversity.The City has established a registry of LGBT-owned businesses,as
certified by the National LGBT Chamber of Commerce (NGLCC),and small and
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A 732CD2F
disadvantaged businesses,as certified by Miami-Dade County.See authorizing resolutions
here.
If your company is certified by NGLCC as an LGBT-owned business or as a small or
disadvantaged business by Miami-Dade County,click on the link below to be added to the
City's supplier registry (Vendor Self-Service)and bid system (Periscope S2G,Supplier-to-
Government).These are two different systems,and you must register for both.
Click to see acceptable certification and to register:https://www.miamibeachfl.gov/city-
hall/procurement/how-to-become-a-vendor/.
Docusign Envelope ID:425AF80C-72 68-4 0D6-953C-5B22A 732CD2F
SECTION 0200 -MINIMUM QUALIFICATIONS AND REQUIREMENTS
The Minimum Eligibility Requirements for this solicitation are listed in the 1TB Bid Summary.
Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall
not have its bid considered.
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Docusign Envelope ID:425AFB0C-7268-40O6-953C-5822A 732CD2F
SECTION 0300 -ELECTRONIC BID SUBMITTAL FORMAT
1.ELECTRONIC RESPONSES (ONLY).Bids must be submitted electronically through
Periscope S2G (formerly BidSync)on or before the date and time indicated.Hard copy
proposals or proposals received through email or facsimile are not acceptable and will be
rejected.
A bidder may submit a modified bid to replace all or any portion of a previously submitted
bid until the deadline for bid submittals.The City will only consider the latest version of the
bid.
Electronic bid submissions may require the uploading of attachments.All documents
should be attached as separate files in accordance with the instructions included in
Section 4 below.Attachments containing embedded documents or proprietary file
extensions are prohibited.It is the Bidder's responsibility to ensure that its bid,including
all attachments,is uploaded successfully.
Only bid submittals received and time stamped by Periscope S2G (formerly BidSync)prior
to the bid submittal deadline shall be accepted as submitted in a timely manner.Late bids
cannot be submitted and will not be accepted.Bidders are cautioned to allow sufficient
time for the submittal of bids and uploading of attachments.Any technical issues must be
submitted to Periscope S2G (formerly BidSync)by contacting (800)990-9339 (toll-free)or
S2G@periscopeholdings.com.The City cannot assist with technical issues regarding
submittals and will in no way be responsible for delays caused by any technical or other
issue.
It is the sole responsibility of each Bidder to ensure its proposal is successfully
submitted in BidSync prior to the deadline for bid submittals.
2.REQUIRED DOCUMENTS.Failure to submit the following requirements shall result in a
determination of non-responsiveness.Non-responsive bids will not be considered.
a.Bid Submittal Questionnaire (The questionnaire is not a part of the 1TB.It is an
online fillable form that must be completed and submitted electronically via
Periscope S2G.)
b.Bid Price Form (Appendix A)
c.Bid Bond (Appendix B)If the 1TB Summary indicates a bid bond is required,then
a fully executed bid bond must be submitted by the deadline for submittal of bids)
d.Schedule of Values (Appendix C)Shall be submitted with the bid or within three
(3)days of request from the City.
3.OMITTED INFORMATION.The City reserves the right to request any documentation
omitted,with the exception of the required documents set forth in section 2 above,
which must be submitted at the time of bid.Bid Submittals received without the Bid
Price Form or Bid Bond (if applicable)or with an incomplete Bid Price Form or Bid Bond
(if applicable)shall be deemed non-responsive.Bidder must submit any other omitted
documentation within three (3)business days upon request from the City,or the bid may
be deemed non-responsive.Non-responsive bid packages will receive no further
consideration.
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A 732CD2F
4.ELECTRONIC PROPOSAL FORMAT.In order to maintain comparability,facilitate the
review process,and assist in the review of bid submittals,it is strongly recommended that
bids be organized and tabbed in accordance with the tabs and sections specified below.
The electronic submittal should be tabbed as enumerated below and contain a table of
contents with page references.The electronic proposal shall be submitted through the
"Line Items"attachment tab in Periscope S2G.
TAB 1:MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
Submit evidence,as specifically requested in the 1TB Summary,of
compliance with each minimum requirement(s)of this 1TB.Bidders that do
not comply,or for whom the City cannot verify compliance,shall be deemed
non-responsive,and its bid shall not be considered.
TAB 2:BID PRICE FORM &BID BOND
The following documents shall be submitted with the bid by the deadline for
submittal of bids:
1.Bid Price Form (Appendix A)
2.Bid Bond Form (see Section 0100,Sub-section 8).If the
requirement applies,the bid bond is a required document that
shall be submitted on or before the deadline for bids.
FAILURE TO SUBMIT THE MOST RECENTLY COMPLETED
1)BID PRICE FORM AND 2)BID BOND BY THE DEADLINE
FOR SUBMITTAL OF BIDS SHALL RESULT IN THE BID
BEING DEEMED NOT RESPONSIVE AND NOT BEING
FURTHER CONSIDERED.
3.Schedule of Values (Appendix C)
MUST BE SUBMITTED WITH THE BID OR WITHIN THREE
3 DAYS OF REQUEST BY THE CITY.
TAB 3:OTHER BID FORMS
Submit any other form requested on the 1TB Summary,including but not
limited to:
1.Local Workforce Participation Program Responsible
Contractor Affidavit Form (Appendix C)If 1TB Summary
indicates a Local Workforce Participation Program is applicable,
then this form must be submitted).
2.Trench Safety Certification Form (Appendix E)If the 1TB
Summary indicates a Trench Safety Act is applicable,then this
form must be submitted.
Rest of page left blank intentionally.
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
0400 -TERMS AND CONDITIONS
The following documents identify terms and conditions that,together with the 1TB,inclusive of all
appendixes and addenda,whether included herein or released under separate cover,comprise
the solicitation and the Contract and are complementary to one another and together establish
the complete terms,conditions,and obligations of the Bidder and,subsequently,the awarded
Contractor.
1.FORMAL SOLICITATIONS TERMS &CONDITIONS -GOODS AND SERVICES.By
virtue of submitting a bid in response to this 1TB,Bidder agrees to be bound by and in
compliance with the Solicitation Terms and Conditions (dated 10.27.2022),incorporated
herein,located at:
https://yww.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/
2.GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS.By virtue of submitting
a bid in response to this 1TB,Bidder agrees that all work shall be bound by and in
compliance with the General Conditions for Construction Contracts (dated 4/13/20),
incorporated herein,located at:
https://wyw._miamibeachfl_gov/city-hall/procurement/standard-terms-and-conditions/
Rest of page left blank intentionally.
Docusign Envelope ID:425AF80C-7268-40O6-953C-5B22A732CD2F
APPENDIX A
MIAMI BEACH
Bid Price Form
MUST BE SUBMITTED WITH THE BID.FAILURE TO DO SO WILL
RENDER THE BID NON-RESPONSIVE.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
Bid Price Form
FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED ON OR BEFORE
THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE,AND THE
BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION.
The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified
in this bid,consisting of furnishing all materials,labor,equipment,shoring,supervision,
mobilization,demobilization,overhead and profit,insurance,permits,and taxes to
complete the work to the full intent as shown or indicated in the contract documents.The
City will not accept any revision to the total base bid sum,divisions,line item totals,or add
alternates after the deadline for receipt of bids.
In the event of a discrepancy between the sum of the items in the schedule of values and
the total base bid,the Bidder agrees that the total base bid shall govern.In the absence
of a numerical value for any item or division,the City shall interpret it as no bid for the
division,which may disqualify the Bidder.
The allowance items that have been delineated below shall be used only at the City's
discretion,as needed.In the event that an allowance is not used in its entirety,any
remaining balance shall be reflected in a deductive change order.
TOTAL BASE BID
TOTAL BASE BID AMOUNT $
1 Indemnification of City $25.00
Off-Du Police Officer Allowance $90,000.00
Permit Allowance $25,000.00
GRAND TOTAL
(TOTAL BASE BID AMOUNT+INDEMNIFICATION OF CITY+OFF-DUTY POLICE OFFICER
ALLOW ANCE +PERMIT ALLOWANCE
1See Section 0100,Sub-section 12.
$
ADDITIVE ALTERNATES (In order of priority)
Selection of additive alternates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
DEDUCTIVE ALTERNATES (In order of priority)
Selection of deductive alternates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
End of Bid Price Form.
Docusign Envelope ID:425AF80C-7268-406 -953C-5B22A732CD2F
A P P END IX B
MIA M I BEACH
BID B O ND FO RM
Onl applicable if checked in the Invitation to Bid Summar
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD02F
BID BOND
Page 1 of 2
KNOW ALL MEN BY THESE PRESENTS,that we,as
Principal,hereinafter referred to as Contractor,and S
Surety,are held and firmly bound unto the City of Miami Beach,Florida,as a municipal
corporation of the State of Florida,hereinafter called the City,in the sum of five percent
(5%)of the Contractor's Total Base Bid amount of b lawful
money of the United States of America,for the payment of which well and truly to be
made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,
jointly and severally by these presents.
WHEREAS,the Contractor contemplates submitting,or has submitted,a Bid to the
City for the furnishing of all labor,materials,equipment,machinery,tools,apparatus,
means of transportation for,and the performance of the Work covered in the Bid
Documents which include the Project Manual,the detailed Plans and Specifications,and
any Addenda,for the following solicitation.
Bid No.:_
Title:--------------
WHEREAS,it was a condition precedent to the submission of said Bid that a
cashier's check,certified check,or Bid Bond in the amount of five percent (5%)of the Total
Base Bid be submitted with said Bid as a guarantee that the Contractor would if awarded
the Contract,enter into a written Contract with the City for the performance of said
Contract,within ten (10)consecutive calendar days after notice having been given of the
Award of the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the
Contractor,within ten (10)consecutive calendar days after notice of such acceptance,
enters into a written Contract with the City and furnishes the Performance and Payment
Bonds,satisfactory to the City,each in an amount equal to one hundred percent (100%)
of the Contract Price,and provides all required Certificates of Insurance,then this
obligation shall be void;otherwise the sum herein stated shall be due and payable to the
City of Miami Beach and the Surety herein agrees to pay said sum immediately,upon
demand of the City,in good and lawful money of the United States of America,as
liquidated damages for failure thereof of said Contractor.
Docusign Envelope ID:425AF80C-7268-40D6-953C-522A732CD2F
BID BOND
Page 2 of 2
IN WITNESS WHEREOF,the said Principal and the said Surety have duly
executed this Bond,the
day of,2O
PRINCIPAL:
(Contractor Name)
Signature
Print Name (Principal)
Title
SURETY:
(Surety Name)
Attorney-in-Fact (Print Name)
Signature
(Power of Attorney must be attached.)
D o cusig n Envelope ID :425A F80C -7268-40D0 6-953C -52 2A 732C D 2F
APPENDIX C
MIA M I BEACH
SCHEDULE OF VALUES
MUST BE SUBMITTED WITH THE BID OR WITHIN THREE (3)
DAYS OF REQUEST BY THE CITY.
Docusign Envelope ID:425AFBOC-7268-40D6-953C-5B22A732CD2F
SCHEDULE OF VALUES
Bidders should fully complete the Schedule of Values to include quantities,units of measure,unit pricing,and
totals.The cost of any item(s)of work not covered by a specific contract unit price shall be included in the
contract unit price to which the item(s)is most applicable.Both unit price and extended total prices must be
stated in units of quantity specified in the bidding specifications.Bidder agrees that any unit price listed in the
Bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
City of Miami Beach
WATER MAIN AND FORCE MAIN REPLACEMENT BETWEEN SUNSET ISLAND 2 AND 3
BID ITEM LIST
Item Description Quantity Unit Unit Price Extended
No.Cost
Mobilization
1 Mobilization 1 LS $$
Pipe,Fittings,Valves
2 Selling,delivering and installing via open trench 10-inch PVC 2,360 LF $$pipe,valves and fittings for sewer force main
3 Selling,delivering and installing via HDD 12-inch HDPE pipe 1,300 LF $$and fittings for sewer force main
4 Selling,delivering and installing via open trench 8-inch DI pipe,100 LF $$valves and fittings for water main
5 Selling,delivering and installing via HDD 10-inch HDPE pipe 725 LF $$and fittings for water main
6 Selling,delivering and installing Automatic Air Release Valve 4 EA $$Assemblies for sewer force mains
7 Selling,delivering and installing Automatic Air Release Valve 2 EA $$Assemblies for water mains
Cut-in connections of existing 8-inch DI water main to proposed
8 8-inch DI water main at:1 LS $$(A)Lake Ave -24th Street:STA.13+37.11 (Begin Project)
(B)Lake Ave -25th Street:STA.6+45.86 (End Project)
Cut-in connections of existing 8-inch DI force main to proposed
10-inch PVC force main at:
9 (A)Sunset Drive and 23rd St:STA.4+07.71.Cut,grout with 1 LS $$flowable fill up to existing canal crossing plug and abandon in
place (Begin Project)
(B)Sunset Drive and 27th St.STA:12+00.73 (End Project)
Relocating stormwater structures at 25th Street,furnishing and
installing 18-inch PVC pipe and fittings for connection,and
10 cutting and capping existing stormwater 1 LS $$(A)SS Manhole:STA 6+83.46 "E"to STA 5+83.64 "B"
(B)Catch Basin:STA 6+01.,67 "B"to STA 6+11.49 "B"
(C)Catch Basin:STA 6+76.09 "E"to STA 6+74.49 "E"
Site Work
11 Flowable fill for abandonment of existing 8-inch force main (up 20 CY $$to existing canal crossing)
12 Constructing limerock base for Type "I"permanent pavement 800 SY $$repairs
D ocusign Envelope ID :425A F80C -72 68-40O 6-953C -5B22A 732C D 2F
13 C onstructing Type "I"asphaltic concrete surface course 800 SY $$perm anent pavem ent repairs
C onstructing T ype "V "perm anent pavem ent repairs fo r SY (Contigent14roadway(nom inal 1-inch-thick m achine-laid asphaltic concrete 6,500 $$
friction surface overlay)Item )
15 M illing ro adw ay surface course for perm anent pavem ent 6,500 SY (Contigent $$repairs (nom inal 1 inch thick)Item )
16 R eplacing pavem ent m arkings 1 LS $$
17 C onstructing concrete gutter restoration to m atch existing 710 LF (Contingent $$Item )
18 C onstructing brick/pavers drivew ay restoration to m atch 120 SY (Contigent $$existing Item )
19 R estor ing sodded and landscaped areas 600 SY $$
20 Full T raffi c C ontrol construction,M aintenance of Traffi c 1 LS $$
21 Sheeting and shoring ordered left in place by the Engineer 43,000 SF (Contigent $$Item )
22 T rench overcut in 1-foot depth increm ents,fo r any size pipe 2,500 LF (Contigent $$Item )
23 Furn ishing and installi ng additional suitable backfill m aterial 43,350 CY (Contigent $$Item )
Other Costs
24 Flow m anagem ent during construction (uninterrupted sanitary 1 LS $$sew er serv ices fo r pro ject duration)
TOTAL BASE BID AMOUNT (Line 1-24)$
End of Bid Price Form.
Docusign Envelope ID:425AF80C-7268-40D6-953C-52 2A732CD2F
APPENDIX D
MIAMI BEACH
Prevailing Wage and Local Workforce
Participation Programs
Onl applicable if checked in the Invitation to Bid Summary
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
The Requirements of the
Prevailing Wage and Local Workforce Participation Programs
shall apply to the award of this project.
The purpose of this appendix is to summarize,for clarity,the requirements of the City's
Prevailing Wage and Local Workforce Program Requirements.In the event of any
omissions or conflicts,the requirements of the City Code,with respect to these programs,
shall prevail.
I.MINIMUM WAGES AND BENEFITS
1.Employee Compensation.The rate of wages and fringe benefits,or cash equivalent,
for all laborers,mechanics,and apprentices employed by the Contractor or subcontractor
on the work covered by the Contract shall be not less than the prevailing rate of wages
and fringe benefit payments or cash equivalence for similar skills or classifications of work
as established by the Federal Register last published by the United States Department of
Labor prior to the date of issuance of this solicitation.(reference:Sec 31-27).
2.Notice Requirement.On the date on which any laborer or mechanic commences work
on a construction contract to which this article applies,the Contractor shall be required to
post a notice in a prominent place at the work site stating the requirements of this article.
(reference:Sec 31-29).
3.Certified Payrolls.With each payment application,the Contractor shall submit a copy
of all payrolls,including (at a minimum)the name and zip code for the covered employee,
to the City accompanied by a signed "Statement of Compliance"indicating that the
payrolls are correct and complete and that each laborer or mechanic has been paid not
less than the proper prevailing wage rate for the work performed.Beginning January 30,
2018,all payroll submittals shall be completed electronically via the City's electronic
compliance portal,LCP Tracker.No payment application shall be deemed accepted until
the Procurement Department has confirmed that a certified payroll for the applicable
payment application has been accurately submitted in the LCP Tracker.
a.LCP Tracker Training.The Procurement Department offers ongoing training in
LCP Tracker to all contractors.To schedule a training session,contact Monica Garcia
at MonicaGarcia@MiamiBeachFL.gov or 305-673-7490.
II.LOCAL WORKFORCE PARTICIPATION GOALS
1.Responsible Contractor Affidavit (RCA).As a condition of being responsive to the
requirements of the solicitation and eligible to be considered for award,the Contractor
shall submit a Responsible Contractor Affidavit affirming that it will make its best
reasonable efforts to promote employment opportunities for Miami-Dade County
residents by seeking to achieve a project goal of having thirty percent (30%)of all
construction labor hours performed by Miami-Dade County residents.The Contractor shall
also affirm that it will make its best reasonable efforts to promote employment
opportunities for Miami Beach residents.Failure to submit the RCA shall result in the bid
or proposal being disqualified and deemed non-responsive.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
2.Workforce Performance Report.Before its final application for payment,the
Contractor shall submit its final Certified Payroll in LCP Tracker,which shall be deemed
its final Workforce Performance Report.If the project goal of thirty percent (30%)of all
construction labor hours to be performed by Miami-Dade County residents is not met,the
Contractor shall submit supporting documentation verifying reasonable efforts to promote
employment opportunities for Miami Beach and Miami-Dade County residents.No final
payment application may be approved without this information.
Balance of Page Intentionally Left Blank
Docusign Envelope ID:425AF80C-7268-406-953C-522A732CD2F
LOCAL WORKFORCE PARTICIPATION PROGRAM
Responsible Contractor Affidavit Form
In accordance with Article Ill,Section 31-4 0 of the M iam i Beach Code,all contractors and subcontractors of any tier performing on a city contract
valued in excess of $1,500,000 for (i)the construction,demolition,alteration and/or repair of city buildings or city public works projects,or (ii)a
contract valued in excess of $1,500,000 which provides for privately-funded construction,demolition,alteration and/or repair of buildings or
improvements located on city-owned land,and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements
of the Local Workforce Participation Program.
The undersigned Contractor affirms that should it be awarded the Contract pursuant to this solicitation,it shall comply with the following:
i.The Contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek
to achieve a project goal of having thirty percent (30%)of all construction labor hours performed by Miami-Dade County residents.
ii.The Contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents.To verify workers'
residency,the Contractor (s)shall provide the residence address of each worker.
Print Name of Affiant
Name of Firm
Address of Firm
Print Title of Affiant
State
Date
Signature of Affiant
Zip Code
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
APPENDIX E
MIAMI BEACH
Trench Safety
Act Certification
Onl a licable if checked in the Invitation to Bid Summar
Docusign Envelope ID:425AF80C-7268-40D6-953C-522A4732CD2F
TRENCH SAFETY ACT CERTIFICATION
PAGE 1 OF 1
IF APPLICABLE,THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE.
On October 1,1990,House Bill 3181,known as the Trench Safety Act,became law.This incorporates the
Occupational Safety &Health Administration (OSHA)revised excavation safety standards,citation 29
CFR.S.1926.650,as Florida's standards.The Bidder,by virtue of the signature below,affirms that the Bidder is
aware of this Act and will comply with all applicable trench safety standards.Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.The Bidder is also obligated to identify the
anticipated method and cost of compliance with the applicable trench safety standards.
THE BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS OF COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT.THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE
ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY.THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES NOR BE CONSIDERED ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Unit
of Measure Quantity
Unit
Price Extended Method
Total $---
Name of Bidder
Authorized Signature of Bidder
CONSIDERATION FOR INDEMNIFICATION OF CITY
Consideration for Indemnification of City $25.00□Cost for compliance with all Federal and State requirements of the Trench Safety Act*
[NOTE:If the box above is checked,the Bidder must fill out the preceding Trench Safety Act
Form in order to be considered responsive.]
Docusign Envelope ID:425AF80C-7268-40O6-953C-5B22A732CD2F
APPENDIX F
M IAMI BEACH
Contract
Docusign Envelope ID:425AF80C-72 68-4 0D6-953C-5B22A732CD2F
C O N TRA C T
T H IS C O N T RA C T ("Contract")is made and entered into as of the_day of _
______,2020 by and between the City of Miami Beach,Florida,a municipal
corporation (the "City")and _
______(the "Contractor"):
W IT NESSE T H ,that the Contractor,for and in consideration of the payments hereinafter
specified and agreed to be made by the City,hereby covenants and agrees to furnish and
deliver all the materials required,to do and perform all the work and labor in a satisfactory
and workmanlike manner,required to complete this Contract within the time specified,in
strict and entire conformity with the Plans,Specifications,and other Contract Documents,
which are hereby incorporated into this Contract by reference,for:
1T B No .and Title:_
The Contractor agrees to make payment of all proper charges for labor and materials
required in the aforementioned work and to defend,indemnify,and save harmless the
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.
The requirements of the Contract Documents,as such term is defined in the Invitation by
reference to the General Conditions for Construction Contracts dated ------are hereby incorporated by reference as if fully set forth herein.Without limiting the
foregoing,the Contract Documents expressly include this Contract,Attachment A (the
City's General Conditions for Construction Contracts),Attachment B (Plans and
Specifications,Invitation to Bid No.and all Addenda thereto),Attachment
C (Sunbiz Entity Detail and Contractor's Response to the 1TB),and Attachment D
(Insurance requirements).For the avoidance of doubt,all of the documents constituting
the Contract Documents now or hereafter existing (including any Change Orders,Work
Orders,Field Orders,schedules,shop drawings issued subsequent to the date of this
Contract,etc.)shall govern this Project.
In consideration of these premises,the City hereby agrees to pay to the Contractor for the
said work,when fully completed,the total maximum sum of [Total Base Bid below
+allowance account items+/-alternates+contingency)dollars (b
______)(the "Contract Price"),consisting of the following accepted items or
schedules of work as taken from the Contractor's Bid Submittal:
Total Base Bid $_
Docusign Envelope ID:425AF80C-72 68-40O6-953C-5822A732CD2F
Total Allowance Account Items $_
Total Alternate Items (if applicable)$_
Total Owner's Contingency $_
Contract Price $_
The Contract Price,exclusive of the Owner's Contingency,includes,without limitation,all
costs for all labor,materials,equipment,fixtures,freight,field supervision,supervisory
expenses,project vehicles,field office and equipment,postage and delivery,safety and
first aid,telephone,transportation of employees,parking,insurance,taxes,preparation
and maintenance of the construction schedule and the preparation of as-built and shop
drawings,as well as Contractor's overhead and profit required for completion of all the
Work in accordance with the requirements of the Contract Documents,including work
reasonably inferable therefrom,even if such items of Work are not specifically or expressly
identified as part of a line item in the Bid Price Form.The Contract Price is subject to such
additions and deductions as may be provided for in the Contract Documents.Progress
and Final Payments will be made as provided for in the Contract Documents.
Contract Time.
Days for Substantial Completion:__days from Notice to Proceed No.2
Days for Final Completion:__days from Substantial Completion
Liquidated Damages.
Failure to achieve Substantial Completion:/day
Failure to achieve Final Completion:/day
Project Team.
Contractor:
Consultant:
Contract Administrator for the City:
[CONSIDER IF THERE ARE ANY OTHER POSITIONS TO INCLUDE]
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
Notices.
A notice or communication,under this Contract by the City or Contractor shall be
sufficiently given or delivered if in writing and dispatched by hand delivery,or by nationally
recognized overnight courier providing receipts,or by registered or certified mail,postage
prepaid,return receipt requested,to such party's address as set forth in the Contract.
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery,and notices mailed in accordance with the foregoing shall be deemed
given five (5)days after deposit in the U.S.mail.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
The place for giving notice shall remain the same as set forth herein,unless such notice
information is revised in a Contract amendment duly executed by the City and the
Contractor.For the present,the parties designate the following:
For City:
Office of Capital Improvement Projects
1700 Convention Center Drive,
Miami Beach,FL 33139
Attn:Office of Capital Improvement Projects Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
For Contractor:
Attn:
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by
their appropriate officials as of the date first above written.
ATTEST:
Rafael E.Granado,City Clerk
[seal]
ATTEST:
Name:_
[seal]
CITY OF MIAMI BEACH,FLORIDA
By:_
Alina T.Hudak,City Manager
[INSERT CONTRACTOR NAME)
By:_
Name:_
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
APPENDIX G
MIAMI BEACH
Plans &Specifications
Uploaded Separately to P eriscope
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Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
APPENDIX H
M IA MI BEACH
Post Award Form s
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH
FORM OF PERFORMANCE BOND
BY THIS BOND,We __________________,as Principal,
hereinafter called Contractor,and ,as Surety,are bound
to the City of Miami Beach,Florida,as Obligee,hereinafter called City,in the amount of
Dollars (b I for the payment whereof Contractor
and Surety bind themselves,their heirs,executors,administrators,successors,and assigns,
jointly and severally.
WHEREAS,Contractor has by written agreement entered into a Contract,Bid/Contract
No.:a warded the day of,20_,with City
which Contract Documents are by reference incorporated herein and made a part hereof,and
specifically include provision for liquidated damages and other damages identified,and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if the Contractor:
1.Performs the Contract between Contractor and City for construction of
______________________,the Contract being made a
part of this Bond by reference,at the times and in the manner prescribed in the Contract;
and
2.Pays City all losses,liquidated damages,expenses,costs,and attorney's fees,including
appellate proceedings,that City sustains as a result of default by Contractor under the
Contract;and
3.Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract;then THIS BOND IS VOID OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
Whenever Contractor shall be,and declared by City to be,in default under the Contract,
City having performed City obligations thereunder,the Surety may promptly remedy the
default,or shall promptly:
3.1.Complete the Project in accordance with the terms and conditions of the Contract
Documents or
3.2.Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents,and upon determination by Surety of the
lowest responsible Bidder,or,if City elects,upon determination by City and
Surety jointly of the lowest responsible Bidder,arrange for a contract between
such Bidder and City,and make available as work progresses (even though
there should be a default or a succession of defaults under the Contract
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph)sufficient funds to pay
the cost of completion less the balance of the Contract Price but not exceeding,
including other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof.The term "balance of the
Contract Price,"as used in this paragraph,shall mean the total amount payable
by the City to the Contractor under the Contract and any amendments thereto,
less the amount paid adequately by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of 2 O
WITNESSES:
(Name of Corporation)
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
By:
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:------------(Street)
(City/State/Zip Code)
Telephone No.:_
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
FORM OF PAYMENT BOND
BY THIS BO ND,W e as Principal,
hereinafter called Contractor,and as Surety,are bound
to the City of Miam i Beach,Florida,as Obligee,hereinafter called City,in the am ount of
Dollars ($)for the payment whereof
Contractor and Surety bind themselves,their heirs,executors,adm inistrators,successors and
assigns,jointly and severally.
W HEREAS,Contractor has by written agreem ent entered into a Contract,Bid/Contract
No.:,awarded the day of,20_,with City
which Contract Docum ents are by reference incorporated herein and made a part hereof,and
specifically include provision fo r liquidated dam ages and other dam ages identified,and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CO NDITIO N O F THIS BO ND is that if the Contractor:
1.Pays City all losses,liquidated dam ages,expenses,costs,and attorney's fees,including
appellate pro ceedings,that City sustains because of default by Contractor under the
Contract;and
2.Pro m ptly makes paym ents to all claim ants as defined by Florida Statute 255.05(1)for all
labor,materials,and supplies used directly or indirectly by the Contractor in the
performance of the Contract;
THEN,THE CO NTRA CTO R'S O BLI G ATIO N SHALL BE VOID;OTHERW ISE,IT SHALL
REMAIN IN FULL FO RCE AND EFFECT SUBJECT,HO W EVER,TO THE FOLLOW ING
CO NDITIO NS:
2.1.A claim ant,except a laborer,who is not in privity with Contractor and who has not
received payment for its labor,materials,or supplies shall,within forty -five (45)
days after beginning to furnish labor,materials,or supplies for the pro secution
of the work,furn ish to Contractor a notice that he intends to look to the Bond for
pro tection.
2.2.A claim ant who is not in privity with the Contractor and who has not received
paym ent for its labor,materials,or supplies shall,within ninety (90)days after
the perform ance of the labor or after com plete delivery of the materials or
supplies,deliver to Contractor and the Surety,written notice of the performance
of the labor or delivery of the materials or supplies and the nonpaym ent.
2.3.No action fo r the labor,materials,or supplies may be instituted against the
Contractor or the Surety unless the notices stated under the preceding conditions
(2.1)and (2.2)have been given.
2.4 .Any action under this Bond must be instituted in accordance with the Notice and
Tim e Li m itations pro visions prescribed in Section 255.05(2),Florida Statutes.
Docusign Envelope ID:4254F80C-7268-40D6-953C-5B22A732CD2F
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of 2 O
Contractor
ATTEST:
(Name of Corporation)
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
(Signature)
(Print Name and Title)
day of,20
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:------------(Street)
(City/State/Zip Code)
Telephone No.:_
Docusign Envelope ID:425AF80C-7268-40D6-9530-5B22A732CD2F
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,,certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond);that ,who signed the
Bond(s)on behalf of the Principal,was then of the said corporation;that I
know his/her signature;and his/her signature thereto is genuine;and that said Bond(s)was (were)
duly signed,sealed and attested to on behalf of the said corporation by authority of its governing
body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ss
Before me,a Notary Public duly commissioned,qualified,and acting personally,appeared
_________________to me well known,who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance
and Payment Bond (Performance Bond and Payment Bond)on behalf of Contractor named
therein in favor of City.
Subscribed and Sworn to before me this day of
20 .
My commission expires:
Notary Public,State of Florida at Large
Bonded by
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5822A732CD2F
PERFORMANCE AND PAYMENT BOND FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue ---------
Issuing Bank's No._
Beneficiary:
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
Applicant:
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number ------
\We hereby authorize you to draw on
(Bank,Issuer name)
ll [/[f]of
(branch address)
of and for the account of -----------------------(Contractor,applicant,customer)
up to an aggregate amount,in United States Funds,of available by your
drafts at sight,accompanied by:
1.A signed statement from the City Manager or his authorized designee that the drawing is
due to default in performance of certain obligations on the part --------(contractor,applicant,customer)agreed upon by and between the City of Miami Beach,
Florida and (Contractor),pursuant to the
(applicant,customer)Bid/Contract No.for (name of project)
and Section 255.05,Florida Statutes.
Drafts must be drawn and negotiated not later than _
(expiration date)
Drafts must bear the clause:"Drawn under Letter of Credit No.(Number),
Of (Bank name)dated
This Letter of Credit shall be renewed for successive periods of one (1)year each unless we
provide the City of Miami Beach with written notice of our intent to terminate the credit herein
extended,which notice must be provided at least thirty (30)days prior to the expiration date of
the original term hereof or any renewed one (1)year term.Notification to the City that this Letter
of Credit will expire prior to the performance of the Contractor's obligations will be deemed a
default.
This Letter of Credit sets forth in full the terms of our undertaking,and such undertaking shall not
in any way be modified or amplified by reference to any documents,instrument,or agreement
Docusign Envelope ID:425AF80C-7268-40D06-953C-5 22A 732CD2F
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates.Any
such reference shall not be deemed to incorporate herein by reference any document,instrument,
or agreement.
We hereby agree with the drawers,endorsers,and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1)year after the Final Completion of
the [rec[Dy [he
(Contractor,applicant,customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision),Publication No.500,and to the provisions
of Florida law.If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise,Florida law shall prevail.If a conflict between the law of another
state or country and Florida law should arise,Florida law shall prevail.
Authorized Signature
Docusign Envelope ID:425AF80C-7268-40D06-953C-5B22A732CD2F
CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name,address)
TO (City):
Consultant:
BID/CONTRACT NUMBER:
Contractor :
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be substantially
complete.All documents required to be submitted by the Contractor under the Contract
Documents have been received and accepted.The Date of Substantial Completion of the Project
or portion thereof designated above is hereby established as the date of commencement of
applicable warranties required by the Contract Documents,except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion thereof
designated by the City is the date certified by the Consultant when
all conditions and requirements of permits and regulatory agencies
have been satisfied and the Work is sufficiently complete in
accordance with the Contract Documents.Hence,the Project is
available for beneficial occupancy by the City.A Certificate of
Occupancy must be issued for Substantial Completion to be
achieved.However,the issuance of a Certificate of Occupancy or
the date thereof is not to be determinative of the achievement or
date of Substantial Completion.
A list of items to be completed or corrected,prepared by the Consultant and approved by the City,
is attached hereto.The failure to include any items on such list does not alter the responsibility of
the Contractor to complete all work in accordance with the Contract Documents.The date of
commencement of warranties for items on the attached list will be the date of final payment unless
otherwise agreed in writing.
In accordance with Section 6 of the General Conditions,the Contractor will complete or correct
the work on the list of items attached hereto within from the above
Date of Substantial Completion.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
Consultant BY DATE
City,through the Contract Administrator,accepts the Work or portion thereof designated by City
as substantially complete and will assume full possession thereof at _
(time)on (date).
City of Miami Beach,Florida
By Contract Administrator Date
The responsibilities of the City and Contractor for security,maintenance,heat,utilities,damage
to the work,and insurance shall be as follows:
Docusign Envelope ID:425AF80C-7268-40D06-953C-5B22A732CD2F
FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name,address)
TO (City):
DATE OF ISSUANCE:
Consultant:
BID/CONTRACT NUMBER:
Contractor:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
All conditions or requirements of any permits or regulatory agencies have been satisfied.The
documents required by Section 6 of the General Conditions and the final bill of materials,if
required,have been received and accepted.The Work required by the Contract Documents has
been reviewed,and the undersigned certifies that the Work,including minor corrective work,has
been completed in accordance with the provision of the Contract Documents and is accepted
under the terms and conditions thereof.
Consultant BY DATE
City,through the Contract Administrator,accepts the work as fully complete and will assume full
DOSSeSS[on [hereof a£
(time)
(date)
City of Miami Beach,Florida
By Contract Administrator Date
Docusign Envelope ID:425AF80C-72 68-4 0D6-953C-5B22A732CD2F
FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO._
Received this day of,20_,from City of
Miami Beach,Florida,the sum of Dollars
($)as full and final payment to Contractor for all work and materials for the
Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
The Contractor hereby indemnifies and releases the City from all liens and claims
whatsoever arising out of the Contract and Project.
The Contractor hereby certifies that all persons doing work upon or furnishing materials
or supplies for the Project have been paid in full.In lieu of this certification regarding payment for
work,materials,and supplies,the Contractor may submit a consent of surety to final payment in
a form satisfactory to the City.
The Contractor further certifies that all taxes imposed by Chapter 212,Florida Statutes
(Sales and Use Tax Act),as amended,have been paid and discharged.
[If incorporated,sign below.]
Contractor
ATTEST:
(Name of Corporation)
(Secretary)
(Corporate Seal)
incorporated sign below.]
WITNESSES:
By:
By:
(Signature)
(Print Name and Title)
_day of '20_[If not
Contractor
(Name of Firm)
(Signature)
(Print Name and Title)
day of,20·
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
APPENDIX I
MIAM I BEACH
INSURANCE REQUIREMENTS
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
The Contractor shall maintain the below required insurance in effect prior to awarding the contract
and for the duration of the contract.The maintenance of proper insurance coverage is a material
element of the contract and failure to maintain or renew coverage may be treated as a material
breach of the contract,which could result in withholding of payments or termination of the contract.
A.Workers'Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than $1,000,000 per accident for bodily injury or disease.Should the
Contractor be exempt from this Statute,the Contractor and each employee shall
hold the City harmless from any injury incurred during performance of the Contract.
The exempt contractor shall also submit (i)a written statement detailing the number
of employees and that they are not required to carry Workers'Compensation
insurance and do not anticipate hiring any additional employees during the term of
this contract or (ii)a copy of a Certificate of Exemption.
B.Commercial General Liability Insurance on an occurrence basis,including products
and completed operations,property damage,bodily injury and personal &
advertising injury with limits no less than $2,000,000 per occurrence.If a general
aggregate limit applies,either the general aggregate limit shall apply separately to
this project or the general aggregate limit shall be twice the required occurrence
limit.
C.Automobile Liability Insurance covering any automobile,if Contractor has no
owned automobiles,then coverage for hired and non-owned automobiles,with limit
no less than $2,000,000 combined per accident for bodily injury and property
damage.
D.Installation Floater Insurance against damage or destruction of the materials or
equipment in transit to,or stored on or off the Project Site,which is to be used
(installed into a building or structure)in the Project.(City of Miami Beach shall
Named as a Loss Payee on this policy,as its interest may appear.This policy shall
remain in force until acceptance of the project by the City.)
E.Umbrella Liability Insurance in an amount no less than $10,000,000 per
occurrence.The umbrella coverage must be as broad as the primary General
Liability coverage.
F.Contractors'Pollution Legal Liability (if project involves environmental hazards),
with limits no less than $1,000,000 per occurrence or claim,and $2,000,000 policy
aggregate.
Additional Insured -City of Miami Beach must be included by endorsement as an additional
insured with respect to all liability policies (except Professional Liability and Workers'
Compensation)arising out of work or operations performed on behalf of the contractor including
materials,parts,or equipment furnished in connection with such work or operations and
automobiles owned,leased,hired or borrowed in the form of an endorsement to the contractor's
insurance.
Docusign Envelope ID:425AF80C-7268-4 0D6-953C-5B22A 732CD2F
Notice of Cancellation -Each insurance policy required above shall provide that coverage shall
not be cancelled,except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance
Services.
Waiver of Subrogation -Contractor agrees to obtain any endorsement that may be necessary
to affect the waiver of subrogation on the coverages required.However,this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers -Insurance must be placed with insurers with a current A.M.Best
rating of A:VII or higher.If not rated,exceptions may be made for members of the Florida
Insurance Funds (i.e.FWCIGA,FAJUA).Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
Verification of Coverage -Contractor shall furnish the City with original certificates and
amendatory endorsements,or copies of the applicable insurance language,effecting coverage
required by this contract.All certificates and endorsements are to be received and approved by
the City before work commences.However,failure to obtain the required documents prior to the
work beginning shall not waive the Contractor's obligation to provide them.The City reserves the
right to require complete,certified copies of all required insurance policies,including
endorsements,required by these specifications,at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O.Box 4668 -ECM #35050
New York,NY 10163-4668
Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,
EXIGIS,at:
Certificates-miamibeach@riskyworks.com
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.
Compliance with the foregoing requirements shall not relieve the Contractor of his liability and
obligation under this section or under any other section of this agreement.
D ocusign Envelope ID :425A F80C -7268-40D 6-953C -52 2A 732C D 2F
ATTACHMENT C
SUNBIZ &PROPOSAL RESPONSE TO 1TB
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
Dr/Ion of
C0PORA'TIO ;
DISON OF CORPORATIONS
Department of State I Diyision of Corporations l Search_Records I Search by_FEL/EIN Number I
Detail by FEI/EIN Number
Florida Limited Liability Company
AMICI ENGINEERING CONTRACTORS LLC
Filing Information
Document Number L15000085955
FEI/EIN Number 47-4185194
Date Filed 05/11/2015
State FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed 09/25/2024
Event Effective Date NONE
Principal Address
9480 SW 77 AVE,SUITE 103
MIAMI,FL 33156
Changed:09/25/2024
Mailing Address
PO BOX 160943
MIAMI,FL 33116
Changed:09/25/2024
Registered Agent Name &Address
BARRENECHE,J.MICHAEL
10820 SW 123RD ST
MIAMI,FL 33176
Name Changed:10/07/2019
Address Changed:01/26/2023
Authorized Person(s)Detail
Name &Address
Title MGRM
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
BARRENECHE,JUAN J
10621 SW 139TH STREET
MIAMI,FL 33176
Title MGRM
LIBERTI,NELSON A,II
5513 RIVER BED RD
GROVELAND,FL 34736
Title MGRM
LAZZARI,CHRISTOPHER C
5897 CLUB DR
GROVELAND,FL 34736
Annual Reports
Report Year
2022
2023
2024
Filed Date
01/20/2022
01/26/2023
01/22/2024
Document Images
09/25/2024 --LC Amendment
01/22/2024 --ANNUAL REPORT
01/26/2023 --ANNUAL REPORT
01/20/2022 --ANNUAL REPORT
02/01/2021 --ANNUAL REPORT
09/28/2020 --LC Amendment
03/18/2020 --ANNUAL REPORT
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10/07/2019_--LAmendment and Namg Change ------------View image in PDF format
04/30/2019 --ANNUAL REPORT
04/27/2018 --ANNUAL REPORT
04/22/2017 --ANNUAL REPORT
04/29/2016 --ANNUAL REPORT
95/11/2015_--Florida Limited Liability
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FI Do,r»,,l 1
D o cusig n Envelope ID :425A F80C -72 68-40D 6-953C -5822A 732C D 2F
SCHEDULE OF VALUES
Bidders should fully complete the Schedule of Values to include quantities,units of measure,unit pricing,and
totals.The cost of any item(s)of work not covered by a specific contract unit price shall be included in the
contract unit price to which the item(s)is most applicable.Both unit price and extended total prices must be
stated in units of quantity specified in the bidding specifications.Bidder agrees that any unit price listed in the
Bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
City of Miami Beach
WATER MAIN AND FORCE MAIN REPLACEMENT BETW EEN SUNSET ISLA ND 2 AND 3
BID ITEM LIST
Item Description Quantity Unit Unit Price Extended
No.Cost
Mobilization
1 M obilization 1 LS $882,000.00 $882,000.00
Pipe,Fittings,Valves
2 Selling,delivering and installing via open trench 10-inch PV C 2,360 LF $315.00 $743,400.00pipe,valves and fittings for sew er fo rce m ain
3 Selling,delivering and installing via H O D 12-inch H O PE pipe 1,300 LF $400.00 $520,000.00andfittingsforsewerforcemain
4 Selling,delivering and installing via open trench 8-inch D I pipe,100 LF $305.00 $30,500.00valvesandfittingsforwatermain
5 Selling,delivering and installi ng via H D D 10-inch H D PE pipe 725 LF $385.00 $279,125.00andfittingsforwatermain
6 Selling,delivering and installi ng Autom atic Air R elease Valve 4 EA $15,000.00 $60,000.00Assembliesforsewerforcemains
7 Selling,delivering and installi ng Autom atic Air R elease Valve 2 EA $9,500.00 $19,000.00Assembliesforwatermains
C ut-in connect ions of existing 8-inch D I w ater m ain to pro posed
8 8-inch DI w ater m ain at:1 LS s150,000.00 s 150,000.00(A )Lake A ve -24th Street:ST A .13+37.11 (Begin Pro ject)
(B )Lake Ave -25th Street:STA .6+45.86 (End Project)
C ut-in connections of existing 8-inch D I for ce m ain to pro posed
10-inch PV C fo rce m ain at:
9 (A )Sunset D rive and 23rd St:STA .4+07.71.C ut,gro ut w ith 1 LS $125,000.00 $125,000.00flowablefilluptoexistingcanalcrossingplugandabandonin
place (Begin Project)
(B )Sunset D rive and 27th St.ST A :12+00.73 (End Project)
R elocating storm w ater structures at 25th Street,furn ishing and
installing 18-inch PV C pipe and fittings fo r connection,and
10 cutt ing and capping existing storm w ater 1 LS $35,000.00 $35,000.00(A )SS M anhole:ST A 6+83.4 6 "E"to STA 5+83.64 "B"
(B )C atch Basin:STA 6+01,67 "B"to STA 6+11,49 "B"
(C )C atch Basin:STA 6+76.09 "E"to ST A 6+74.4 9 "E"
Site Work
11 Flow able fill fo r abandonm ent of existing 8-inch force m ain (up 20 CY $300.00 $6,000.00toexistingcanalcrossing)
12 C onstructing lim erock base fo r Type "I"perm anent pavem ent 800 SY $40.00 $32,000.00reoairs
D o cusign Envelope ID :425A F 80C -72 68-40D 6-953C -5822A 732C D 2F
13 C onstructing Type "I"asphaltic concrete surface cours e 800 SY $45.00 $36,000.00permanentpavementrepairs
C onstructing Type "V "perm anent pavem ent repairs fo r SY (Contigent14roadway(nom inal 1-inch-thick m achine-laid asphaltic concrete 6,500 $20.00 $130,000.00
friction surf ace overlay)Item )
15 M illing roadw ay surface course fo r perm anent pavem ent 6,500 SY (Contigent $3.00 $19,500.00repairs(nom inal 1 inch thick)Item )
16 R eplacing pavem ent m arkings 1 LS $5,000.00 $5,000.00
17 C onstructing concrete gutter restoration to m atch existing 710 LF (Contingent $35.00 $24,850.00Item)
18 C onstructing brick/pavers drivew ay restoration to m atch 120 SY (Contigent $50.00 $6,000.00existingItem)
19 R estoring sodded and landscaped are as 600 SY $13.00 $7,800.00
20 Full Traffi c C ontro l construction,M aintenance of Traffi c 1 LS $196,000.00 $196,000.00
21 Sheeting and shoring ordered left in place by the Engineer 43,000 SF (C ontigent $0.50 $21,500.00Item)
22 Trench overcut in 1-fo ot depth increm ents,fo r any size pipe 2,500 LF (C ontigent $1.00 $2,500.00Item)
23 Furn ishing and installing additional suitable backfill m aterial 43,350 CY (Contigent $0.25 $10,837.50Item)
Other Costs
24 Flow m anagem ent during construction (uninterrupted sanitary 1 LS $18,000.00 $18,000.00sewerservicesforprojectduration)
TOTAL BASE BID AMOUNT (Line 1-24)$3,360,012.50
End of Bid Price Form.
Docusign Envelope ID:425AF80C-7268-40O6-953C-5B22A732CD2F
BID SUBMITTAL QUESTIONNAIRE -CONSTRUCTION
SECTION 1 -BID CERTIFICATION
This certification/questionnaire is REQUIRED and must be fully completed anc submitted electroncally.
Solicitation No:
BID NUMBER
Solicitation Title.
PROJECT TITLE
BIDDER'S NAME.Amici Engineering Contractors,LLC
NO.OF YEARS 1N BUSINESS:9 ]NO.OF YEARS IN BUSINESS LOCALLY:9 I NO.OF EMPLOYEES:51
OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 'O YEARS:MB Site Services
BIDDER PRIMARY ADDRESS (HEADQUARTERS)10621 SW 139 ST
CITY.Miami
STATE:FL I ZIP CODE 33176
TELEPHONE NO.954-6 50-4699
TOLL FREE NO.:
FAX NO.
BIDDER LOCAL ADDRESS:10621 SW 139 ST
CITY:.Miami
STATE:FL I ZIP CODE:33176
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Juan Barreneche
ACCOUNT REP TELEPHONE NO.:954-650-4699
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:juanb@amiciec.com
FEDERALTAX IDENTIFICATION NO.:47-4185194
By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this
solicitation,all specifications,attachments,exhibits and appendices and the contents of any Addenda released hereto;b)to be bound,at a minimum,to any
and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with
other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part
of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an
appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach,
Florida,for the performance of all requirements to which the bid pertains;and f)that all responses,data and information contained in the bid submittal are
true and accurate.
The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said
document(s)are complete,true,and correct to the best of his/her knowledge and belief.
Name of Bidder's Authorized Representative:
Juan Barreneche
Title of Bidder 's Authorized
Representative.
Managing Member
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM
After issuance of solicitation,the City may release one or more addendum to the solicitation,which may provide additional
information to bidders or alter solicitation requirements.The City will strive to reach every bidder having received solicitation
through the City's e-procurement system.However,bidders are solely responsible for assuring they have received any and all
addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all
addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result
in proposal disqualification.
Enter Initial to Enter Initial to Enter Initial to
Confirm Confirm Confirm Receipt
Receipt Receipt
JB Addendum 1 JB Addendum 6 Addendum 11
JB Addendum 2 Addendum 7 Addendum 12
JB Addendum 3 Addendum 8 Addendum 13
JB Addendum 4 Addendum 9 Addendum 14
JB Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required,submit under separate cover.
SECTION 3-QUESTIONNAIRE
1.Provide the nam es of each ow ner (stockholder,sole proprietor,and partner),director,or officer of the com pany,below.
Subm it additional nam es on a separate sheet if required.
Owner Ownership percentage Directorship/Office type
Juan J.Barreneche 33.3 Managing Mem ber
Nelson A.Li berti,II 33.3 Managing Mem ber
Christopher C.La zza ri 33.3 Managing Mem ber
2.Provide at least three (3)references of work similar in size and nature as the work referenced in solicitation.
Project No.
Project Title
BID NUMBER
PROJECT TITLE
Reference No.1
Firm Name:C ity of C ap e C oral
Contact Individual Name and Title:B yro n Taylor,PE,C ity Project M anager
Address:2600 SE 26th Pl,C ap e C o ral,FL 33904
Telephone:(239)573-3039 ext.3039
Contact's Email:btaylor@ cap eco ral.go v
Narrative on Scope of Services Provided:
Caloosahatchee River Crossing Included Installation of approximately 7,700 linear feet of 24"FPVC Reclaimed Water Main via
HDD under the Caloosahatchee River from Cape Coral to Lee County.A world record distance of 7,630 LF for horizontal
directional of any
plastic pipe and open cut on both ends.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
Reference No.2
Firm Name:Miami-Dade Water and Sewer Department
Contact Individual Name and Tille:Miguel Pichardo,Construction Manager Ill
Address:3575 S Le Jeune Rd,Miami,FL 33133
Telephone:786-552-4352
Contact's Email:mpich@miamidade.gov
Narrative on Scope of Services Provided:
Furnish &Install 1670 LF of 24"PVC,2770 LF of 20"PVC,180 LF of 16"PVC,480 LF of I2"PVC,870 LF of 8"PVC pipe for
sewage force main;14 plug valves;107 ductile iron fittings;including 8 tapping connection to an existing sewage force main,
1249 LF of 16"H.D.P.E.via Horizontal Directional Drill)along W Country Club Dr;and abandoning 1465 LF of 8-inch and 500 LF
of 24-inch force main.Work taking place off and on the roadway in the City of Aventura.
Reference No.3
Firm Name:C ity of M iam i B each
Contact Individual Name and Title:Cristina Ortega Castineiras,PE,City Engineer
Address:1700 Convention Center Dr.,Miami Beach,FL 33139
Telephone:305.673.7080 Ext.26153
Contact's Email:CristinaOrtega@miamibeachfl.gov
Narrative on Scope of Services Provided:
Design and Construct approx.3,600 LF of 20"HDPE Force Main via Horizontal Directional Drill and Open Cut through a
congested utility corridor of Dade Blvd and the Venetian Causeway.Includes connection to the existing 42"PCCP Force Main.
Additional Reference
Firm Name:Taylor Morrison of Florida
Contact Individual Name and Tille:Bryan Jackson,PE.,Project Engineer of Record
Address:33314 Castaway Loop,Wesley Chapel,FL 33543
Telephone:(805)748-8 675,
Contact's Email:bjackson@ atw ell-g ro up.com
Narrative on Scope of Services Provided:
Project included Installation of approx.S0,000 LF of 12"to 24"(PVC/HD PE)Water Main,Force Main,and Reclaimed Water Main
via Open Cut and Directional Drill within the Public Right-of-Way.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
3.Has the applicant company's construction license(s)been revoked during the last five (5)years?
(vs (J o
If yes,why?
4.Have any owners,directors,officers,or agents of thelapplicalt company had a I icense revoked during the last five (5)years?[II]vs Eg o
If yes,why?
5.Is the applicant company curri"tly bar d by a governmental agency,from bidding work as a prime or subcontractor?vs [E]o
If yes,state debarment period and the reason(s)for debarment?
6.Has a surety completed,or paid for completion,of a project on behalf of the applicant company,within the last five (5)
years?II vs (EJ o
If yes,why?
7.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 arbitratej during the last five (5)years?[I]vs g o
If yes,why?
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
8.Is an affiliate of the applicant rompan~prequalified iy the Cir of Miami Beach to bid on construction work?
YES ?NO
If yes,state the name of the affiliate?
9.Is the applicant company a parent,subsidiary,or holding company for another construction company?
[.)vs (J o
lf the answer is "yes,"identify the company and type of relationship(s),below:
Company Type of affiliation (parent or subsidiary)Period of affiliation
10.Is an owner,director,officer,or agent of the applicant company affiliated with another company?
IN e (EJo
If the answer is "yes,"provide the following information for each individual and the affiliated company.
Period of Type of affiliation (e.g.
Individual s name Affiliated company s name affiliation officer.director,owner or
employee)
11.Is the applicant company cur ntly thi debtor in a ba1kruptc~case or file for bankruptcy during the last five (5)years?
O YES G 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.
12.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?
(IJe (o
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.
13.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?
tJ»(J o
If yes,explain.
14.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?
t1e (Jo
If yes,explain.
15.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?
If yes,explain.
v s (Jo
Docusign Envelope ID:425AFB0C-7268-40O6-953C-5822A732CD2F
16.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?I)vs (J o
If yes,explain.
17.Has the applicant company or any of its owners,officers,or partners ever been convicted of any a federal or state
crime?
(E7vo
If yes,explain.
18.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?
(II vs (E]vo
If yes,state name,title and share of ownership
Name Title Share(%)of Ownership
19.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?
(]vs tJ»
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
20.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).
IJ s (Jo
Certifying_Agency_Certification [ype
21.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,Florida;
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.
B.
Does the applicant provide or offer access to any benefits to elployees rlh spouses or to spouses of employees?[HJ I o
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?
(]vs rI s
C.Please check all benefits that apply to your answers above and list in the 'other"section any additional benefits not already specified.Note:s
benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are prO
directly to the spouse or domestic partner,such as medical insurance.
BENEFIT Firm Provides for Employees Firm Provides for Employees Firm does not Provide
with Spbuses with Domestic Partners Benefit
Health X X
Sick Leave X X
Family Medical Leave X
Bereavement Leave X
22.Moratorium on Travel to and the Purchase of Goods or Services from Mississippi.Pursuant to Resolution 2016-29375,the City of
Miami Beach,Florida prohibits the purchase of goods or services sourced in Mississippi.Are any of the products for which the applicant
is seeking to be prequalified sourced in Mississippi?
If yes,explain.
trI ve (EJo
Docusign Envelope ID:425AF80C-7268-40O6-953C-5B22A732CD2F
23.Financial Capacity.At tim e of re quest by_the City,_b idder shall re ques t th at Dun_&Bra dstree t subm it its Supplier Qualifier Report dire ctly_to
th e City,_with bid or within_three (3)days of req uest_Bidder shall arrange for Dun &Bradstreet to submit a Supplier Qualification Report (SOR)directly
to the City.No proposal will be considered without receipt (when requested),by the City,of the SQR directly from Dun &Bradstreet.The cost of the
preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at:
https:l/supplierportal.dnb.com/yebapp/wcs/stores/serylet/SupplierPortal?storeld=11696
Bidders are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each bidder review the
information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance
with any portion of the SQR submittal process,contact Dun &Bradstreet at 800-424-2495.
24.Byrd Anti-Lobbying Amendment Certification Form;APPENDIX A,44 C.F.R.PART 18 CERTIFICATION REGARDING LOBBYING:Certification
for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned Contractor certifies,to the best of his or her knowledge,that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence
an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,
and the extension,continuation,renewal,amendment.or modification of any Federal contract,grant,loan,or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this
Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Forrn-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including
subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this
certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352 (as amended by the Lobbying Disclosure Act of
1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any.In
addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any.
By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification.
Name of Bidder's Authorized Representative:
Juan Barreneche
Title of Bidder's Authorized
Representative:
Managing Member
25.Suspension And Debarment Certification The Contractor acknowledges that:
(1)This Contract is a covered transaction for purposes of2 CF.R.pt.180 and 2 C.F.R.pt.3000.As such the contractor is required to verify that none of the
Contractor,its principals (defined at 2 C.FR.§180.995),or its affiliates (defined at 2 C.FR.§180.905)are excluded (defined at 2 C.FR.$180.940)or
disqualified (defined at 2 C.F.R.$180.935).
(2)The Contractor must comply with 2 C.FR.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction ii enters into.
(3)This certification is a material representation of fact relied upon by the City.If it is later determined that the Contractor did not comply with 2 C.F.R.pt.
180,subpart C and 2 C.F.R.pt.3000,subpart C,in addition to remedies available to the City,the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
(4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its
lower tier covered transactions."
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification.
Name of Bidder's Authorized Representative:
Juan Barreneche
Title of Bidder's Authorized
Representative:
Managing Member
26.Suspension,Debarment,Or Contract Cancellation.Has bidder ever been debarred,suspended or other legal violation,or had a contract cancelled
due to non-performance by ry public rctor agency?l v s [EJ o
If answer to above is "YES,"bidder shall submit a statement detailing the reasons that led to action(s):
27.Small And Disadvantaged Business Certification
Pursuant to Resolution 2020-31519,the City is tracking the Small and Disadvantaged Businesses,as certified by Miami-Dade County that have been
certified as Small or Disadvantaged Business by Miami-Dade County.
Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County?Il e [T o
28.LGBT Business Enterprise Certification
Pursuant to Resolution 2020-31342,the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the
National Gay and Lesbian Chamber of Commerce (NGLCC).
Does bidder possess LGBT Business Enterprise Certification by the NGLCC?t)e [J
29.Cone Of Silence
Pursuant to Section 2-486 of the City Code,all procurement solicitations once advertised and until an award recommendation has been forwarded to the
City Commission by the City Manager are under the "Cone of Silence."The Cone of Silence ordinance is available
at https_/library.municode_comy/fymiami beach/codes/code of ordinances?nodel=SPAGEQR CH2AD ART/IISTCQ DIy4PR_S2.486CS]
Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director,or his/her administrative staff responsible for administering the procurement process for this solicitation
providing said communication is limited to matters of process or procedure regarding the solicitation.Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfi.gQY.
By virtue of submitting bid,bidder certifies that it is in compliance with the Cone of Silence Ordinance,pursuant to Section 2-486 of the City Code.
30.Code Of Business Ethics
Pursuant to City Resolution No.2000-23789,the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City.The Code of
Business Ethics shall be submitted to the Procurement Department with its response or within three (3)days of request by the City.The Code shall,at a
minimum,require the Bidder,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and
ethics provision of the City Code.In lieu of submitting Code of Business Ethics,bidder may indicate that it will adopt,as required in the ordinance,the City
of Miami Beach Code of Ethics,available at http://'www.miamibeachf,gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
Bidder will submit firm's Code of Business Ethics within three (3)days of requj5'by the Tty?[II]vs Eg vo
Bidder adopts the City of Miami Beach Code of Business Ethics?(]e tr
31.Lobbyist Registration &Campaign Contribution ReQUIREMENTS
This solicitation is subject to,and all bidders are expected to be or become familiar with,all City lobbyist laws,including lobbyist registration requirements
and prohibition on campaign contributions,including:
•Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code
(https ./library.municode.com/fl/'miami beach/codes/code g[ordinances?nodelg=SPAGEQR_CH2AD ART[IIST,Q Ly3LQ)
•Campaign Contribution Requirements sections 2-487 and 2-488 of City Code
(hos.library.municode.com/fl'miami beach/codes'code of ordinances'?nodeld:.SPAGEOR.CH2AD ARTVIIS TCO DIVSCAEIRE)
By virtue of submitting bid,bidder certifies or affirms that they have read and understand the above Lobbyist Registration &Campaign Contribution
Requirements.
32.NON-DISCRIMINATION
The Non-Discrimination ordinance is available at:
https://library.municode.comfilmiami beach/codes 'code of ordinances?nodeld=SPAGEQR CH2AD ART/IPR Ly32QPR S2-375NSCCQREyyA
By virtue of submitting bid,bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
33.FAIR CHANCE REQUIREMENT
The Fair Chance Ordinance No.2016-4012 is available at:
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
https://library_mnunicode._comyfymiami beach/codes'code of _ordinances2n9geld=SPAGER CH62HIRE _ART/FACHOR
By virtue of submitting bid,bidder certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance
Ordinance.Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request.Bidder further agrees
that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate
termination for cause of the agreement,in addition to any damages that may be available at law and in equity.
34.PUBLIC ENTITY CRIMES
Please refer to Section 287.133(2)(a),Florida Statutes,available at:
https_/lyyyy_flsenate gov/Lays/Statutes/2012/287.133
By virtue of submitting bid,bidder agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on
convicted vendor list.
35.Veteran Business Enterprises Preference
Pursuant to City of Miami Beach Ordinance No.2011-3748,https_/library municoge_com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible
bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is
within five percent (5%)of the lowest and best bidder,by providing such bidder an opportunity of providing said goods or contractual services for the lowest
responsive bid amount.Whenever,as a result of the foregoing preference,the adjusted prices of two (2)or more bidders which are a small business
concern owned and controlled by a veteran(s)or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an 1TB,RFP,RFQ,
ITN or oral or written request for quotation,and such bids are responsive,responsible and otherwise equal with respect to quality and service,then the
award shall be made to the service-disabled veteran business enterprise.
Is the bidder a service-disabled veteran business enterprise certified by the State of Florida?
t re (]»
Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government?
I)e (]
CONTINUED ON THE FOLLOWING PAGE.
Docusign Envelope ID:425AF80C-7268-40D06-953C-5B22A732CD2F
36.Sub-Contractors Providing Services to this Project:
Subcontractor Work to be completed of Work to be performed
Name:Visil Corp
Tel:305-525-5459 Asphalt Paving Services B
Email:visilcorp@att.net
Name:Centerline Directional Drilling Service
Tel:863-517-1335 Directional Drill Installation B
Email:cdirectionaldrilling@hotmail.com
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
AMICI
ENG IN EER INGCONTRACTORS
October 16,2024
City of Miami beach Procurement Department
Project:1TB 2024-481-JP-Sunset Islands 2 to 3 Force Main and Water Main Replacement
Re:Minimum Qualifications for Amici Engineering Contractors,LLC
To Whom it May Concern,
Please find the following summary of experience describing similar work completed by Amici
Engineering Contractors,and managed by our Project Manager and Superintendent
AMICI ENGINEERING CONTRACTORS EXPERIENCE
Amici Engineering Contractors'Key Personnel have been working on projects for the City of
Miami Beach for the past 20 years on critical pipeline and roadway infrastructure within the City
including work within FDOT Right of Ways.Our team understands the unique aspects of working
in this City and how the City places its residents first.This means approaching each project in a
way to lend our expertise and experience to work closely with City Staff and the Engineers to
provide constructability solutions to the unique challenges this City can have.
Through our experiences in working on neighborhood improvement projects in neighborhoods such
as Biscayne Point,Nautilus,Sunset Isles,and Washington Ave,we understand that the City's
residents and businesses come first.We understand that minimizing traffic impacts and providing
timely response to concerns is paramount to being a successful contractor in the Beach.
Please see the following projects which Amici Engineering Contractors,LLC or its principals have
completed or are ongoing which meet the minimum requirements for a Bidder or its principal must
have been awarded a minimum of three {3)projects of similar scope and budget within the last ten
(I0)years,two (2)of which must be completed,and the third may be ongoing.A project of similar
scope shall be defined as construction and repair of force main OR water main with construction
cost of at least $2,000,00O
Project 1 -River Landing Development -Offsite Utilities Project
1)Project Owner:Taylor Morrison of Florida
2)Contact Name,Telephone &Email:Bryan Jackson,P.E.(805)748-8675,
bjackson@atwell-group.com
3)Project Address:33314 Castaway Loop,Wesley Chapel,FL 33543
4)Narrative on Scope of Services Provided:Installation of approx.50,000 LF of 12"to 24"
(PVC/HDPE)Water Main,Force Main,and Reclaimed Water Main via Open Cut and
Directional Drill within the Public Right-of-Way
5)Contract Amount and completion date:$9,269,917.00,Completed 6/2/2021
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6)Experience for:Firm &Principals (Juan Barreneche &Nelson Liberti,II)
Project 2-State Road 52 (Clinton Ave)Utilities Project
1)Project Owner:Metro Development Group
2)Contact Name,Telephone &Email:Mr.Randy Appenzeller,813-288-8078,
randy@metrodg.com
3)Project Address:31800 Cannon Rush Dr.,San Antonio,FL 33576
4)Narrative on Scope of Services Provided:Installation of approximately 11,424 linear feet of
Water Main,Force Main &RCWM along an FDOT corridor via HDD and Open Cut.
5)Contract Am ount and completion date:$2,990,962.00,Completed 6/30/2023
6)Experience for:Firm &Principal (Nelson Liberti,II)
Project 3-Varrea Phase 1 Offsite Improvements
1)Project Owner:RIPA/DR Horton
2)Contact Name,Telephone &Email:Josh Smith,(813)620-6980,
j smith@ripaconstruction.com
3)Project Address:Charlie Taylor Rd from Midway Rd to I-4,Plant City,FL 33565
4)Narrative on Scope of Services Provided:Install 19,140 linear feet of offsite pipeline (6,460'
10"FM,6280'12"WM ,6400'12"RCWM )along the ROW of Charlie Taylor Road in Plant
City.Contract work also included 2,859'of 12"and 16"HDPE Via HDD along with 5 jack
and bores.Amici responsible for all MOT,restoration &dewatering required.
5)Contract Am ount and completion date:$3,455,359.16,Completed 7/31/2022
6)Experience for:Firm &Principal (Nelson Liberti,II)
Project 4-SR 56 Roadway Improvements Two Rivers -Phase 1
1)Project Owner:RIP A &Associates
2)Contact Name,Telephone &Email:Mark Price,P.E.,(813)623-6777,
mprice@ripaconstruction.com
3)Project Address:35092 Brackett Bnd,Zephyrhills,FL 33541
4)Narrative on Scope of Services Provided:Furnish &Install approx.28,000 LF of 4"to 24"
PVC Force Main,Water Main and Reclaimed Water Main via Open Cut and
Directional Drill along FDOT Roadway SR 56
5)Contract Am ount and completion date:$4,196,349.99,Completed l 0/31/2022
6)Experience for:Firm &Principal (Nelson Liberti,II)
Project 5-Hollywood WW TP Force Main and Yard Piping
7)Project Owner:Wh arton-Smith,Inc.(Prime Contractor)/Seminole Tribe of Florida
8)Contact Name,Telephone &Email:Greg Williams,P.E.,(561)748-5956,(561)345-1858
gwilliams@whartonsmith.com
9)Project Address:3300 N State Rd 7,Hollywood,FL 33021
l0)Narrative on Scope of Services Provided:Installation of2,650 LF of24"HDPE FM via
HDD and open cut installation of approx.13,500 LF of 24"to 8"piping for force main,
sewer,and drainage piping.
11)Contract Am ount and completion date:$3,886,282.00,Completed 9/1/2019
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12)Experience for:Principal (Juan Barreneche)
Project 6-Caloosahatchee River Crossing
1)Project Owner:City of Cape Coral
2)Contact Name.Telephone &Email:Byron Taylor,PE,(239)573-3039 ext.3039
btay lor@capecoral.gov
3)Project Address:2600 SE 26"PI,Cape Coral,FL 33904
4)Narrative on Scope of Services Provided:Installation of approximately 7,700 linear feet of
24"FPVC Reclaimed Water Main via HDD under the Caloosahatchee River from Cape
Coral to Lee County.A world record distance of 7,630 LF for horizontal directional of any
plastic pipe and open cut on both ends.
5)Contract Amount and completion date:$11,669,690.00,HDD &Open Completed 8/31/23,
Close-out Activities still ongoing.
6)Experience for:Firm &Principals (Juan Barreneche &Nelson Liberti,II)
PROJECT MANAGER &PRINCIPAL -JUAN BARRENECHE,P.E.
Leading our Project Team is our Project Manager,Mr.Juan Barreneche,P.E.who holds the CUC
and CGC licenses for Amici Engineering Contractors,LLC.He has not only served the City
through our projects completed by Amici,but also through projects successfully completed while
previously employed by others over the past 20 years.Some of these key projects completed by
Amici or its principals which are similar to this project are highlighted in the attached Project
Experience Table.
Please see more detailed information in the listing above regarding the following projects of similar
scope for which Mr.Barreneche was Project Manager.
Project 1-River Landing Development -Offsite Utilities Project
Project 5 -Hollywood WW TP Force Main and Yard Piping
Project 6-Caloosahatchee River Crossing
In addition,Mr.Barreneche has been Project Manager for many more large diameter projects
involving HDD and Open Cut some of which have also been highlighted on the attached Project
Experience List.As you can see in the descriptions attached that each of these projects are similar
in that they involve HDDs and open cut of force mains within the past 5 years,all of which were
done with our subcontractor,Centerline Directional Drilling Service,Inc,which we propose to use
on this project.
PROJECT SUPERINTENDENT &PRINCIPAL -NELSON LIBERTI,II
Mr.Nelson Liberti,II has been Amici's Superintendent for over 4 years and has also had extensive
experience within the City of Miami Beach and with pipe installations as large as 54"diameter.Mr.
Liberti was the general superintendent on all of the following projects which are similar to this
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project and include directional drill and open cut.Additional projects and more detailed project
information for these projects can be found on the attached Project Experience table.
Project 1-River Landing Development -Offsite Utilities Project
Project 2-State Road 52 (Clinton Ave)Utilities Project
Project 3-Varrea Phase 1 Offsite Improvements
Project 4-SR 56 Roadway Improvements Two Rivers -Phase 1
Project 6 -Caloosahatchee River Crossing
In addition,Mr.Liberti,II has been General Superintendent for many more large diameter projects
involving HDD and Open Cut,some of which have also been highlighted on the attached Project
Experience List.
TEAM ORGAN IZATIONAL CHA RT &RESOURCE MANAGEMENT
Please see the attached Organizational Chart identifying the critical team members for this project.
This team has worked together on similar projects in the past and we are confident that with our
extensive experience we can provide the best possible team for the City of Miami Beach.Finally,
please note that Amici Engineering Contractors will self-perform over 60%of the work on this
project.
We thank you for this opportunity to provide this proposal and we look forward to discussing this
further with your team.Thank you for your consideration.
Sine~
Juan Barreneche,P.E.,
Managing Member
Amici Engineering Contractors,LLC
Attachments :Organizational Chart and Amici Project Experience Table
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Organizational Chart••••
A m ici Engineering Contract ors Team
·--------··-------··--------·l Supporting Roles bdConstruction Services beet·-------··--------·Other Subs
prNelson Liberti
I
Superintendent
Nelson Liberti,Owner
Contract Support
Christopher Lazzari,Owne
rmCody Cook
4 AMII,-A s i i cio is
Directional Driller
Centerline Directional Drilling
Survey
Filipelli Surveying,Inc.yaACMEBarricades,Inc.
Docusign Envelope ID:425AF80C-72 68-40O6-953C-5B22A732CD2F
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Project Experience of Key Personnel
A-Amici Engineering Contractors,LLC Project•c -Chris Lazzari's Project Experience (as DMSI PM/Estimator)
N-Nelson Liberti's Project Experience (as DMSI Superintendant)
•cc -Cody Cook Project Experience (as OMS/or Felix Assoc Superintendant)
y-Juan Barreneche's Project Experience (as Southern Underground Industries Owner,Globetec PM or DMSI PM)
CONTRACT COMPLETION
PROJECT NAME OWNER CONTACT INFORMATION AMOUNT DESCRIPTION OF WORK DATE
City of Zephyrhills John Bostic Furnish &Install approx.15,980 LF ot 12 PVC Force Main byUtilitiesDirectorNorthsideLiftStationandForceMain53358thStreetCityofZephyrhills$4,753,591.50 open cut and HOD.Install new lift station and connecto to 85%Complete
Zephyrhills,Florida 33542 813-780-0000 Ext.3508 existing.
VOPH Handcart Road Offsite Utilities VOPH Master Development Company LLC Chip Jones (813)519-9141 Furnish &Install approx.33,700 LF of 4"to 24 PVC Force Main,
$10,391,567.00 Water Main and Reclaimed Water Main via Open Cut and 80%Complete('A)(Pasco County)cjones@westbaytampa.com Directional Drill along Handcart Road ROW
King's Point Flanders and Capri Water Palm Beach County Utilities Joseph Tanacredi,Utilities Project Manager Install 18,500'(8"-12"DIP)water main and 340 water services in
8100 Forest Hill Blvd 561-493-6088,jtanacredi@pbcwater.com $5,693,565.60 residential community via open cut.Work also consited of 80%CompleteMainReplacement(A)West Palm Beach,FL 33413 restoration,MOT and appurtances required
Brighton WWTP,Lift Station and Force Wharton-Smith,Inc.(Prime Contractor)James M.Contino,Project Manager Install 10,500'(10"HOPE)force main via HOD,and install 2500'
125 W Indiantown Rd #201,Jupiter,FL 33458 561-354-8786,jcontino@whartonsmith.com $3,317,654.00 (10")force main via open cut.Work also consited of restoration,90%CompleteMainImprovements("A)Seminole Tribe of Florida (Owner)MOT and appurtances required
Jeanette Smith,Construction includes approx.22,240 LF of 10-inch PVC force
Northwest Quadrant Wastewater Citrus County Water Resources Dept.Water Resource Project Manager main,7,200 LF of 12-inch HOPE force main via directional drill,3
Extension Project (U2015-13)(A)110 N Apopka Ave,(352)527-7649 $9,922,441.00 lift stations,decommissioning of two existing package 70%Complete,
Inverness,FL 34450 Wastewater Treatment Facilities,and general restoration of theJeanette.smith@citrusbocc.com project areas.
Tampa Bay Water "On Call"Emergency Tampa Bay Water Ed Davis (813)929-4568 $2,000,000.00 On Call Emergency Contract -Ongoing OngoingContract("A)
SR54 Reclaimed Water Main Extension Pasco County Purchasing Department 8919 Construction includes approx.14,000 LF of 14-inch HDPE via
Bexley Village Dr.and Oakstead Blvd.Government Drive New Port Richey,FL Ivan Martinez (813)235-6189 $3,335,866.70 HOD and approx.3,000 LF of 6-inch to 12-inch Water Main 9/5/2024
('A)34654 imartinez@pascocountyfl.net along an FOOT Corridor on State Road 54 from Bexley Village
Dr to Oakstead Blvd.
RIPA &Associates (Pasco County)Mark Price,P.E.,RIPA &Associates Furnish &Install approx.26,000 LF of 4"to 24 PVC Force Main,SR 56 Roadway Improvements (813)623-6777
Two Rivers -Phase 2 &Coats Rd (*A)1409 Tech Boulevard.Suite 1.Tampa,FL mprice@ripaconstruction.com $6,029,164.40 Water Main and Reclaimed Water Main via Open Cut and 9/1/2024
33619 Directional Drill along FOOT Roadway SR 56
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Project Experience of Key Personnel
·A-Amici Engineering Contractors,LLC Project
C-Chris Lazzari's Project Experience (as OMS/PM/Estimator)
N-Nelson Liberti's Project Experience (as DMSI Superintendant)
CC-Cody Cook Project Experience (as DMSI or Felix Assoc Superintendant)
"y-Juan Barreneche's Project Experience (as Southern Underground Industries Owner,Globetec PM or DMS PM)
CONTRACT COMPLETION
PROJECT NAM E OWNER CONTACT INFORMATION AMOUNT DESCRIPTION OF WORK DATE
Jeanette Smith,Construction includes 1,953 feet of 18"ductile iron,14,336 feet
Northwest Quadrant Water Main Citrus County Water Resources Dept.Water Resource Project Manager of 10"PVC,and 14,691 feet of 8"PVC along with fire hydrants,
110 N Apopka Ave,$4,996,533.00 valves,and Right of Way (ROW)restoration along US 19,W.8/1/2024ExtensionProject(U2015-01)('A)Inverness,FL 34450 (352)527-7649 Ashburn Lane and N.Williams Avenue north of Crystal River,Jeanette.smith@citrusbocc.com Florida.
City of Cape Coral William H.(Bill)Sperry,PE Installation of approximately 7,700 linear feet of 24"FPVC Water
Caloosahatchee River Crossing ("A)1015 Cultural Park Blvd.2nd Floor Utilities Department $11,669,690.00 Main via HDD under the Caloosahatchee River from Cape Coral 12/30/2023(239)574-0729 (0)(804)517-5312 (M)to Lee County.A world record distance for horizontalCapeCoralFL33990wsperry@capecoral.gov direcctional of this size pipe.
Furnish &Install 1670 LF ot 24 PVC,2770 LF of 20'PVC,180
LF of 16 PVC,480 LF of 12"PVC,870 LF of 8"PVC pipe for
Furnish and Install 24,20",16,12"88"Mr.Miguel Pichardo,sewage force main;14 plug valves;107 ductile iron fittings;
Sanitary FM along the William Lehman Miami Dade Water &Sewer 3071 SW 38th Miami-Dade Water &Sewer Department $4,453,929.08 including 8 tapping connection to an existing sewage force main,11/30/2023AveMiami,FL 33146 786-258-2573 1249 LF of 16"H.D.P.E.via Horizontal Directional Drill)along WCauseway&Yacht Club (A)Miguel.Pichardo@miamidade.gov Country Club Dr;and abandoning 1465 LF of 8-inch and 500 LF
of 24-inch force main.Work taking place off and on the roadway
in the City of Aventura.
24-inch Gravity Sewer Mains City of Miami Beach Public Works Department Cristina Ortega Castineiras,PE,City Engineer Includes replacing both 24"gravity sewer mains and
305.673.7080 Ext.26153 rehabilitating the structures upstream and downstream.TheReplacementandRehabilitationfor-1700 Convention Center Drive,Miami CristinaOrtega@miamibeachfl.gov $1,449,920.28 scope of work includes the pump station wet well and the two 6/30/2023
Pump Station #31 ('A)Beach,FL 33139 manholes directly upstream from the station.
Metro Development Group Mr.Randy Appenzeller randy@metrodg.com Installation of approximately 11,424 linear feet of Water Main,Sr 52 (Clinton Ave )Utilities ("A)2502 N.Rocky Point Drive,Ste 1050,Tampa,office:813-288-8078 $2,990,962.00 Force Main &RCWM along an FOOT corridor.6/30/2023
FL 33607
Florida Power and Light Company Furnish &Install approx.1,200 LF of 42 HDPE Casing w/24"
FPL -PGA Blvd Phase 2 Water Main 700 Universe Boulevard Jon Rosenthal,Manager Construction Carrier Pipe via Horizontal Directional Drill across FOOT and
Extension Project ("A)Juno Beach,Florida 33408 561-694-4274 $2,001,399.16 FEC Railroad.Includes approx.120 LF of 24 DIP connections 1/30/2023
Jon.Rosenthal@FPL.com to existing Seacoast Utility Water Main and removal of approx.
16"DI Water Main
Cristina Ortega Castineiras,PE,City Engineer Design and Construct approx.3,600 LF of 20"HDPE Force Main
Dade Blvd.Emergency Force Main City of Miami Beach Public Works Department 305.673.7080 Ext.26153 via Horizontal Directional Drill and Open Cut through a
-1700 Convention Center Drive,Miami $2,461,012.31 congested utility corridor of Dade Blvd and the Venetian 11/11/2022ReplacementDesign-Build ('A)Beach,FL 33139 Cristina Ortega@miamibeachfl.gov Causeway.Includes connection to the existign 42"PCCP Force
Main
EPA Replacement of the 16 Inch Sub-City of Miami Beach Public Works Department Matthew LePera P.E.,PMP,Construction Design and Construct approx.800 LF of 20"HDPE Water Main
Aqueous Water Main Across Collins -1700 Convention Center Drive,Miami Manager $1,161,320.00 via Horizontal Directional Drill across Dade Blvd and Collins 11/4/2022CanalatJeffersonBeach,FL 33139 305-673-7000 ext 26828 Canal along Jefferson Ave.Included disconnection of Existing
Avenue (A)MatthewLePera@miamibeachfl.gov 20"and 16"Water Mains on Dade Blvd.
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Project Experience of Key Personnel
A-Amici Engineering Contractors,LLC Project
"Cc-Chris Lazzari's Project Experience (as OMS/PM/Estimator)
*N -Nelson Liberti's Project Experience (as DMSI Superintendant)
CC-Cody Cook Project Experience (as DMSI or Felix Assoc Superintendant)
y-Juan Barreneche's Project Experience (as Southern Underground Industries Owner,Globetec PM or DMSI PM}
CONTRACT COMPLETION
PROJECT NAME OWNER CONTACT INFORMATION AMOUNT DESCRIPTION OF WORK DATE
RIPA &Associates (Pasco County)Mark Price,P.E.,RIPA &Associates Furnish &Install approx.28,000 LF ot 4"to 24 PVC Force Main,SR 56 Roadway Improvements (813)623-6777
Two Rivers -Phase 1 (A)1409 Tech Boulevard.Suite 1.Tampa,FL mprice@ripaconstruction.com $4,196,349.99 Water Main and Reclaimed Water Main via Open Cut and 10/31/2022
33619 Directional Drill along FDOT Roadway SR 56
Brighton Water Treatment Plant -Raw Wharton-Smith,Inc.(Prime Contractor)James M.Contino,Project Manager Install 1400'(8"-12")reclaimed water main via HDD,and install
125 W Indiantown Rd #201,Jupiter,FL 33458 561-354-8786,jcontino@whartonsmith.com $1,150,156.00 5000'(8-12")reclaimed water main via open cut.Work also 10/30/2022WaterMainImprovements("A)Seminole Tribe of Florida (Owner)consited of restoration,MOT and appurtances required
Install 19,140 linear feet of offsite pipeline (6,460'10"FM,6280'
Varrea Phase 1 Offsite Improvements Josh Smith (813)620-6980 12"WM,6400'12"RCWM)along the ROW of Charlie Taylor
RIPA/DR Horton (Hillsborough County)$3,455,359.16 Road in Plant City.Contract work also inludes 2,859'of 12"and 7/31/2022('A)jsmith@ripaconstruction.com 16"HDPE Via HDD along with 5 jack and bores.Amici
responsible for all MOT,restoration &dewatering required.
Water Main Replacement Project,City of Lake Worth Beach,Giles Rhoads,PE -(561-889-3688)
Phases V &VI(A)7 N Dixie Highway Lake Worth Beach,FL grhoads@lakeworthbeachfl.gov $3,008,753.72 Furnish and Install 9,907 linear feet of 6"PVC WM,2,536 LF of 11/7/2022
33460 4 DIP WM and rear to front service connections.Includes all
restoration and MOT.
Furnish and install approximately 87 LFof 4",14,423 LF of6",
1,145 LF of 8"ductile iron,and 530 LF of 6"HDPE water main,
City of Tampa James King,PE (813)781-7023 roadway restoration,MOT,rehabilitation of 13,120 LF of 8"
Fair Oaks Wm Replacement (A)306 E Jackson Street,4N James.King@tampagov.net $3,373,562.52 gravity sewers by Cured-in-Place Pipe including detuberculation,417/2022
Tampa,FL 33602 cleaning and inspection,sewage bypass pumping,re-
establishing service connections,chemical grouting laterals,
manhole rehabilitation by application of structural coating
system.
City of Miami Beach Public Works Department Cristina Ortega Castineiras,PE,City Engineer Amici had to replace the invert correction at the Sanitary Sewer
Emergency Construction services for -1700 Convention Center Drive,Miami 305.673.7080 Ext.26153 $348,885.04 Pump Station #18 at LaGorce and rehabiliative work necessary 3/29/2022SewerPumpStation18('A)Beach,FL 33139 CristinaOrtega@miamibeachfl.gov to eliminate surcharge conditions on the manhole directly
upstream from the pump station.
Matt Suggs,Project Manager
16"HDPE via HDD Epperson North 2502 N.Rocky Point Drive,Ste 1050,Tampa,
(Pasco County)("A)BRW/Metro Development (Pasco County)FL 33607 $193,600.00 Install approximately 500'of 16"HDPE RCWM via HDD 11/17/2021
office:813.288.8078,mobile:941.323.6198
Matt@MetroDG.com
City of Miami Beach Public Works Department Cristina Ortega Castineiras,PE,City Engineer Amici installed a 10"HDPE pipe across channel betweenEmergencyFMRepirsofSubaqueous305.673.7080 Ext.26153
Pipe Between Sunset Islands 2 &3 ('A)-1700 Convention Center Drive,Miami Cristina Ortega@miamibeachfl.gov $225,000.00 Sunset Islands 2 &3,submerge pipeline,install anchor bags 9/31/21
Beach,FL 33139 and provide connections to existing FM
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Project Experience of Key Personnel
A-Amici Engineering Contractors,LLC Project
·C-Chris Lazzari's Project Experience (as OMS/PM/Estimator)
·N-Nelson Liberti's Project Experience (as DMSI Superintendant)
•cc -Cody Cook Project Experience (as OMS/or Felix Assoc Superintendant)
J-Juan Barreneche's Project Experience (as Southern Underground Industries Owner,Globetec PM or DMSI PM)
CONTRACT COMPLETION
PROJECT NAME OWNER CONTACT INFORMATION AMOUNT DESCRIPTION OF WORK DATE
Sunset Park Distribution Line City o!Tampa James King,PE (813)781-7023 Installing approximately 4,575 linear feet of 6-inch and
306 E Jackson Street,4N James.King@tampagov.net $1,933,000.00 5,606 linear feet of 8-inch ductile iron pipe water main with all 8/31/2021Replacement(East)('A)Tampa,FL 33602 required appurtenances and fittings,cutting and plugging,
roadway restoration,sidewalks,driveways,traffic
control,sodding,tree protection,and grouting of abandoned pipe.
Metro Development Group Mr.Randy Appenzeller randy@metrodg.com Installation of approximately 8,140 linear feet of 16-inch HDPE
SR 52 Force Main Extension ('A)2502 N.Rocky Point Drive,Ste 1050,Tampa,$2,480,751.16 Force Main via HDD and 6,540 linear feet of 16-inch PVC Force 8/20/2021
FL 33607 office:813-288-8078 main via open cut along an FDOT corridor.
City of Miami Beach Public Works Department Cristina Ortega Castineiras,PE,City Engineer Remove and replace a 8'section of FM which was broken.Amici305.673.7080 Ext,261538"Emergency FM Repair ('A)-1700 Convention Center Drive,Miami CristinaOrtega@miamibeachfl.gov $67,900.00 had to dive the pipe,remove an 8'section and replace utilizing 7/22/2021
Beach,FL 33139 sleeves.
River Landing -Offsite Utilities Project Taylor Morrison of Florida Bryan Jackson,P.E.(805)748-8675
501 N Cattlemen Road,Suite 100 Bryan.Jackson@waldropengineering.com $9,269,917.00 Installation of approx.50,000 LF of 12"to 24"(PVC/HDPE)6/2/2021('A)Sarasota,FL 34224 Andrew Miller (727)647-0566 Water Main,Force Main,and Reclaimed Water Main via Open
drew.miller63@gmail.com Cut and Directional Drill
Matt Suggs,Project Manager Installation of 3 jack and bore casings for water,reclaimed,and
Epperson Ranch Meadow Ridge Metro Development Group 2502 N.Rocky Point Drive,Ste 1050,Tampa,gravity sewer (at grade)under a County roadway,open cut
2502 N.Rocky Point Drive,Ste 1050,Tampa,FL 33607 $290,055.86 installation of approximately 350 LF of deep gravity sewer with 2 5/31/2021TownhomesUtilityImprovements(A)FL 33608 office:813.288.8078,mobile:941.323.6198 manholes,and approximately 300 LF of 8"water and reclaimed
Matt@MetroDG.com pressure mains.
The construction of 104 lineal feet of 8-inch PVC,965 lineal feet
Pasco County Purchasing Department 8919 Ivan Martinez (813)235-6189 of 12-inch PVC and 3705 lineal feet of HOPE reclaimed waterBoyetteRoadReclaimedWaterMainGovernmentDriveNewPortRichey,FL $624,539.00 main beginning at the Wesley Chapel District Park and 4/1/2021Extension(A)34654 imartinez@pascocountyfl.net continuing south along Boyette Road terminating at the
intersection of Boyette Road and Merilee Place.
Mariana Evora,P.E.,Assistant Director of Emergency replacement of existing WM on the south side of the
Venetian Causeway WM Emergency City of Miami Beach Public Works Department Infrastructure,Venetian Causeway.Amici installed 550'of 20"HDPE along the
Repair ("A)-1700 Convention Center Drive,Miami 305-673-7000 ext 26180 $379,545.69 bridge and provided connections to existing 16"WM.Work 8/31/2020
Beach,FL 33139 MarianaEvora@miamibeachfl.gov included (2)16"valves along with MOT and all associated
restoration.
Mariana Evora,P.E.,Assistant Director of
Emergency Repair of 36"Force Main at City of Miami Beach Public Works Department Infrastructure,
305-673-7000 ext 26180 $237,752.00 3/20/202072ndStreetParkingLot('A)-451 Dade Blvd.,Miami Beach,FL 33139 MarianaEvora@miamibeachfl.gov Removal and replacement of ruptured 36-inch DIP force main
and instalaltion fa a 36"butterfly valve
48"PCCP Water Main (Area N)Miami Dade Water &Sewer 3071 SW 38th Dan Smolik Design Build -Subcontractor to Garney Construction to install
Project ('N,C)Ave Miami,FL 33146 (407)832-2291 $9,800,000.00 15,000 LF of 48"PCCP Water Main (Labor/Equiment Only 1/1/2020
dsmolik@gamey.com Contract)
Longwood Septic Tank City of Longwood Public Utilities Jeremy Jardell,P.E.Installation of approx.7,400 LF of 16"FPVC via HDD Reclaimed
Abatement Program 175 Warren Ave (407)222-5455 $3,722,162.40 Watermain via HDD and 9,500 LF Open Cut 16"PVC,including 12/24/2019
Transmission Main ("J)Longwood,FL 32750 jeremy.jardell@tetratech.com a jack and bore and roadway restoration.
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ENGINEERING
CONTRACTORS
Project Experience of Key Personnel
A-Amici Engineering Contractors,LLC Project
*C -Chris Lazzari's Project Experience (as DMSI PM/Estimator)
N-Nelson Liberti's Project Experience (as DMSI Superintendant)
*CC -Cody Cook Project Experience (as DMSI or Felix Assoc Superintendant)
*J -Juan Barreneche's Project Experience (as Southern Underground Industries Owner,Globetec PM or DMSI PM)
CONTRACT COMPLETION
PROJECT NAME OWNER CONTACT INFORMATION AMOUNT DESCRIPTION OF WORK DATE
Installation of the approx.7,175 LF of 12-inch and 16-inch
Westside Water Main Expansion Loop Broward County Aviation Department Mr.Luis Ramirez potable water transmission system,including interconnects
CJ)2200 SW 45th Street,Suite #101,(954)359-2259 $2,221,124.00 required for maintaining water use accessibility for the Broward 12/6/2019
Dania Beach,FL 33312 lramirez@broward.org County's Fort Lauderdale-Hollywood International Airport and
related facilities within the airport's service.
MDWASD Installation of 42-Inch DIP Miami Dade Water &Sewer 3071 SW 38th Gary Clark
WM,10-Inch FM and Pump Station 9141 Ave Miami,FL 33146 (305)205-6980 $22,800,000.00 Installation of 9,740 LF of 42"DIP WM,4,600 LF of 30"HOD,12/1/2019
Replacement (N)gary.clarke@miamidade.gov 5,000 LF of 10-Inch FM and Pump Station
11th Street Improvements City of Miami Beach Public Works Department Otniel Rodriguez Design Build -Install 5280 LF of 8"to 12"watermain,storm
-1700 Convention Center Drive,Miami (786)831-0483 $6,800,000.00 drainage,and 1,060 LF of 24 &800 LF of 36"gravity sewer,11/1/2019Project("N,C)Beach,FL 33139 otnielrodriguez@maimibeachfl.gov streetscape and road reconstruction
McMullen Booth Road and SR580 Water Pinellas County Paul Giuliani,P.E.
Main Improvements ("J)22211 U.S.19N.(727)464-8900 $1,255,203.00 Installation of approx.3,000 LF of 16"Reclaimed Watermain via 10/3/2019
Clearwater,FL 33765 (727)453-3491 HOD and Open Cut (FPVC/DIP)
Upgrade of Sewage Pump No.0843 &Miami-Dade County Water &Sewer Dept Kevin Keene,P.E.
Installation of 8"Force main from PS (786)236-3503 $1,337,361.25 Upgrade of Sewage Pump &3,140 LF of 8"DIP Force Main 10/1/2019
0843 ('J)3071 SW 38th Ave,Miami,FL 33146 kkeane@miamidade-psip.com Installation
Seminole Tribe of Florida -Wharton-Smith,Inc.(Prime Contractor)
Hollywood WWTP Force Main and Yard 125 W Indiantown Rd #201,Jupiter,FL 33458 Greg Williams,P.E.$3,886,282.00 Installation of 2,650 LF of 24"HDPE FM via HOD and open cut 9/1/2019
Piping ("J)Seminole Tribe of Florida (Owner)(561)748-5956,(561)345-1858 installation of approx..13,500 LF of 24"to 8"piping for force
gwilliams@whartonsmith.com main,sewer,and drainage piping.
Upgrade of Sewage Pump Station No.Miami-Dade County Water &Sewer Dept Kevin Keene,P.E.$897,682.00 Rehabilitation of an existing sewer pump station.The lift station 8/27/20190506('J)3071 SW 38th Ave,Miami,FL 33146 (786)236-3503 rehab required a 24 hour manned bypass and will require the
kkeane@miamidade-psip.com removal and replacement of the existign 8 ft diameter wet well.
This Design-Build project included the installation of seven
East Water Treatment Plant Renovations Wharton-Smith,Inc.(Prime Contractor)directional drill of 14 and 18"HDPE totaling 5,000 LF and open
Raw Water &Concentrate Main,City of 125 W Indiantown Rd #201,Jupiter,FL 33458 Greg Williams,P.E.$2,137,169.00 cut installation of 5,520 LF of 10 to 24 PVC pipe for the raw 8/1/2019
Miramar ("J)City of Miramar Utilties (Owner)(561)748-5956,(561)345-1858 water main and reject main needed to connect this WTP to the
gwilliams@whartonsmith.com new wells drills by Wharton-Smith (Prime Contractor).
Waters Edge Residential and River Pasco County Purchasing Department 8919 Project included five directional drills of 18 HDPE (631 LF,278
Ridge Golf Course Reclaimed Water Government Drive New Port Richey,FL $2,826,605.00 LF,1003 LF,1277 LF,and 302 LF)and open cut installation of 6/17/2019
Transmission Main (J)34654 Ivan Martinez (813)235-6189 14,700 LF of 16"DIP for a critical reuse project along a busy
imartinez@pascocountyfl.net corridor
Emergency Repair ot 72"PCCP on Rehabilitation of an existing sewer pump station including the
Biscayne Blvd and NE 156th Street ('N,Miami-Dade County Water &Sewer Dept Alex Valdez -Inspector $4,000,000.00 installation of approx.200 LF a new 10"DIP force main.The lift 6/1/2019
C)3071 SW 38th Ave,Miami,FL 33146 (786)691-8902 station rehab required a 24 hour manned bypass and was a dry
alex.valdez@miamidade.gov pit/wet well configuration.
Neighborhood Road Program Year 1-City Of Lake Worth Water Utilities Giles Rhoads (561)586-1640 Construction of Roadway Potable Water and Sanitary Sewer
District 2 15th,16th,17th,&18th Avenue Administration 301 College Street Lake grhoads@lakeworthbeachfl.gov $4,339,626.20 Improvements including installation of over 15,000 LF of 4"to 4/15/2019
North (J)Worth,FL 33461 Richard Hasko (561)234-9193 12"Water Main (DIP/PVC)in a residential area.Included
Richardhasco@wginc.com roadway,curb,and sidewalk restoration and sewer main lining.
48 Inch PCCP Force Main Along N Miami Miami Dade Water &Sewer 3071 SW 38th Arnelio Alfonso
(786)252-3373 $22,000,000.00 3/1/2019AveProject('N,C,CC)Ave Miami,FL 33146 aalfonso@apcte.com Design Build -13,000 LF of 48"PCCP FM and trench restoration
Page 5 of 7
Docusign Envelope ID:425AF80C-7268-406-953C-5B22A732CD2F
A
AMICI
ENGINEERINGCONTRACTORS
Project Experience of Key Personnel
A-Amici Engineering Contractors,LLC Project•c -Chris Lazzari's Project Experience (as OMS/PM/Estimator)
N-Nelson Liberti's Project Experience (as OMS/Superintendant)
•cc -Cody Cook Project Experience (as DMSI or Felix Assoc Superintendant)
y-Juan Barreneche's Project Experience (as Southern Underground Industries Owner,G/obetec PM or OMS/PM)
CONTRACT COMPLET ION
PROJECT NAME OWNER CONTACT INFORMATION AM OUNT DESCRIPTION OF WORK DATE
Installation of approximately 200 inline backflow prevention
City-Wide High Tide Mitigation Project City of Miami Beach Public Works Department valves and 11 large drainage structures over on the City's
(2)-1700 Convention Center Drive,Miami Eugene Egemba,P.E.$3,346,512.66 stonmwater outfalls throughout the City also included the 1/28/2019
Beach,FL 33139 (305)-673-7080 installation of small water mains and valves,and 400 LF of 42"
EugeneEgemba@miamibeachfl.gov RCP Drainage Piping.
Upgrade of Sewage Pump Station No.Miami-Dade County Water &Sewer Dept Nico Gage PM
(954)554-7149 $545,000.00 Rehabilitation of an existing sewer pump station.The lift station 12/5/20180836('J)3071 SW 38th Ave,Miami,FL 33146 Ngage@miamidade-psip.com rehab required a 24 hour manned bypass.
Installation of approx.3700 LF of 30-lnch DIP Force Main along
Broward County Water &Wastewater the C-14 Canal Bank and 624 LF of 36"HDPE via Horizontal
C-14 Canal Force Main ("J)Engineering Division 2555 W.Copans Road,Micheal Hagerty P.E.$1,915,200.00 Directional Drill across Rock Island Road.Project also included a 11/2/2018
Pompano Beach FL 33069 (954)831-3217 30"and 20"Linestop.
Mhagerty@broward.org with bypass to replace valves at the connection point.
FOOT Indian Creek Water Drainage City of Miami Beach Public Works Department Otniel Rodriguez
-1700 Convention Center Drive,Miami (786)831-0483 $12,000,000.00 Install 2,400 LF of 72"HDPE Pipe,400 LF of 36"pipe and 32 9/1/2018Improvements("N,C)Beach,FL 33139 otnielrodriguez@maimibeachfl.gov drainage structutres.Also install strom water Pump Station
City of Miami Beach Public Works Department Giancarlo PenaConventionCenterPumpStationProject-1700 Convention Center Drive,Miami (305)546-2943 $6,800,000.00 Design Build -Storm Water Pump Station and Install 450 LF 96'7/1/2018('N,C)Beach,FL 33139 giancarlopena@maimibeachfl.gov RCP Pipe
City of Miami Beach Public Works Department Giancarlo Pena54InchRedundentSewerForceMain-1700 Convention Center Drive,Miami (305)546-2943 $18,000,000.00 Design Build -4,450 LF of 54"HDPE via HDD and 1,191LF of 4/1/2018Project("N,C)Beach,FL 33139 giancarlopena@maimibeachfl.gov 54"PCCP via open cut
Installation of approx.10,000 LF of 20"HDPE force and water
Siesta Key Force Main Phase 1 and Sarasota County Board of Commisioners Matt Taylor,$4,370,000.01 main across the lntracoastal Waterway from Siesta Key to 3/7/2018WaterMain("J)1660 Ringling Blvd.Sarasota,FL 33423 (941)-323-8624 Constitutional Blvd.and approx.1000 LF of 20"PVC piping for
Mataylor@scgov.net connections.
Water Main Extension Connecting SR15 Palm Beach Water Utilities Department Joseph Tanecredi,P.E.Installation of approx.6500 LF of a new 16"water main
8100 Forest Hill Blvd.West Palm Beach,FL (561)-493-6088 $687,900.00 connecting to the existing 12"water main on State Road 15 to 11/29/2017toSR80(J)33413 Jtanecredi@pbcwater.com the 16-inch water main along State Road 80.
Simpson Road 30"Water Main Project Tohopekaliga Water Authority Edwin Matos,P.E Installation of approx.3200 LF of 30"DIP Water Main and 1300
951 Martin Luther King Blvd 3rd Floor (407)-944-5000 $2,084,625.00 LF of 30 Fusible PVC via HDD along an Osceola County 10/1/20170)Kissimmee,FL34741 Ematos@tohowater.com Roadway.
172nd Street Drainage Improvements City of Sunny Isles Beach Elka Linton Installation of approx.1,500 LF of 15"to 24"RCP Drainage
('1)16070 Collins Avenue,3rd Floor 305-792-1939 $1,306,962.00 Replacement Piping,offset utilities,and install drainage backflow 9/21/2017
Sunny Isles Beach,FL 33160 edorsett@sibfl.net preventors.
Upgrade of Sewage Pump Station 0076 Rehabilitation of an existing sewer pump station including the
&10-inch Force Main on NW 24th Miami-Dade County Water &Sewer Dept Aaron Anderson PM $711,833.00 installation of approx.200 LF a new 10"DIP force main.The lift 8/10/2017
Avenue (J")3071 SW 38th Ave,Miami,FL 33146 (305)446-7450 station rehab required a 24 hour manned bypass and was a dry
Aanderson@miamidade-psip.com pit/wet well configuration.
Flamingo Road Reclaimed Water Main City of Miramar Water Utilities Dept.13900 Stephen Glatthorn,P.E $1,260,000.00 Design-Build Project Included Installation of approx.9,500 LF of 6/20/2017Project("J)Pembroke Road,Miramar,FL 33027 (954)883-5143 8-lnch HDPE and PVC reclaimed water main along the Flamingo
Sglatthorn@miramarfl.gov Road via Horizontal Directional Drill and via open cut.
Design-Build Project included Installation of 216 LF of 30"DIP
Margate Design Build-24"Force Main &City of Margate Engineering Department 901 Jeanine Athias,P.E.$896,562.00 Water Main and 24"DIP Force Main,including 2-30"Linestops 4/1/201730"Force Main Canal Crossing ("J)NW 66th Avenue,Margate,FL 33063 (954)972-0828 and 2-24"Linestops with bypass to remove existing aerial and
Jathias@margatefl.com replace with buried pipelines.
Page 6 of 7
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
A
AMICI
ENGINEERING
CONTRA CTORS
Project Experience of Key Personnel
A-Amici Engineering Contractors,LLC Project
·C-Chris Lazzari's Project Experience (as DMSI PM/Estimator)
N-Nelson Liberti's Project Experience (as DMSI Superintendant)
•cc -Cody Cook Project Experience (os OMS/or Felix Assoc Superintendant)
J-Juan Barreneche's Project Experience (as Southern Underground Industries Owner,Globetec PM or DMSI PM)
CONTRACT COMPLETION
PROJECT NAME OWNER CONTACT INFORMATION AMOUNT DESCRIPTION OF WORK DATE
Design-Build Services for the
Replacement of the Existing 54-inch Design-build project in Virginia Key including deep shaft
Sanitary Sewage Force Main Pipeline Miami-Dade County Water &Sewer Dept $9,000,000.00 excavation over 95 feet and installation of ring beam,topper 12/1/2016fromtheCentralDistrictWWTPtoFisher3071SW38thAve,Miami,FL 33146 Roger Williams,P.E.slab,leveling slab,thrust wall,and seal wall.The project included
Island,Under Norris Cut Channel ("N,C (305)718-4828 installation of approx.2,100 LF of 60-in PCCP force main and
and CC)roger.f.williams@aecom.com 1,000 LF of 10"HDPE via HDD on Fisher Island.
Upgrade of Pump Station No.0435 (J')Miami-Dade County Water &Sewer Dept $522,975.00 Rehabilitation of an existing sewer pump station.The lift station 12/7/20163071SW38thAve,Miami,FL 33146 Micheal Mazer PM (305)446-7454 rehab required a 24 hour manned bypass and will require the
Mmazer@miamidade-psip.com removal and replacement of the existing 8 ft diameter wet well.
Crespi Blvd Water Transmission Main,City of Miami Beach Public Works Department Carla Dixon
Sewer Collection system and Pump -1700 Convention Center Drive,Miami (786)412-9537 $3,000,000.00 Install 2500 LF of WM,2800 LF of storm water and (1)Pump 8/1/2016
Station Project ('N,C)Beach,FL 33139 carladixon@miamibeachfl.gov Station
Roadway Improvements Various Project City of Miami Beach Public Works Department Giancarlo Pena Project Drainage Structure &Piping Installation to 24 diameter
Areas ("J)-1700 Convention Center Drive,Miami (305)546-2943 $650,253.00 with full roadway reconstruction including curb &gutter &3/29/2016
Beach,FL 33139 giancarlopena@maimibeachfl.gov sidewalks.
Installation of 2,690 LF of 8"DIP Water Main on NW 18th Street.
NW 18th Street Force Main Construction City of Margate Engineering Department 901 Kelly McAtee,P.E,$437,498.00 Project also included a crossing of Rock Island Road,a 3/8/2016(J)NW 66th Avenue,Margate,FL 33063 (954)972-0828 directional drill across a canal,and roadway restoration in an
Kmcatee@margatefl.com urban environment.
FDOT Alton Road Drainage Bergeron Land Development 19612 SW 69th Enrique Tamayo
Improvements from 5th Street to Place Fort Lauderdale,Florida 33332 (786)999-9671 $13,000,000.00 Install 15,000 LF of Watermain from 6"-20"in diameter,storm 3/1/2016
Michigan Ave ('N,C)enriquet@rkk.com drainage 12"-82"and (3)Storm Water Pump Stations
City of Miami Beach Public Works Department Brian LandisMiamiBeachDrainagePumpStations-1700 Convention Center Drive,Miami (954)218-7875 $1,100,000.00 2/1/2016Project(N,C)Beach,FL 33139 blandis@bergeroninc.com Install storm water pump stations at 10th and 14th street ends
South Andrews Avenue &17th Street City of Ft.Lauderdale Water &Wastewater Installation of approx.350 LF of 20-Inch DIP Water Main on NE
Jean Examond P.E.17th Street,just East of Andrews Ave.The project involved theLargeWaterMainReplacementProjectGIP100NorthAndrewsAve,Suite 500 Ft.(561)391-2810 $408,869.50 installation of two 18-inch linestops to abandon the existing 20-10/7/2015
('J)Lauderdale,FL 33301 Jexamond@fortlauderdale.gov inch main.
Water Main and Force Main Aerial Palm Beach Water Utilities Department Joseph Tanecredi,P.E.
Crossing Replacement ("J)8100 Forest Hill Blvd.West Palm Beach,FL (561)-493-6088 $534,236.20 Project Included Installation of 8-inch to 12-inch DIP water main 9/1/2015
33413 jtanecredy@pbcwater.com and force main aerial crossing replacements on three bridges.
City of Miami Beach Public Works Department Carla DixonBiscaynePointNeighborhood-1700 Convention Center Drive,Miami (786)412-9537 $18,000,000.00 Design Build -24,000 LF of WM ranging 8"-16"DIP,8,500 strom 5/1/2014ImprovementProject("N,J)Beach,FL 33139 carladixon@miamibeachfl.gov drainage and 6 storm water pump stations
City of Miami Beach Public Works Department Maria HernandezSunsetIslands1&2 Neighborhood -1700 Convention Center Drive,Miami (786)371-3168 $6,500,000.00 Installation of approx.10,800 LF of 8"DIP WM,9578 LF of storm 8/1/2012ImprovementProject("N,J)Beach,FL 33139 mariahernandez@miamibeachfl.gov water pipe 15"-24"in diameter,reconstruct 23,000 SY of road
Emergency Repair of 48-lnch PCCP Miami-Dade County Water &Sewer Dept Nelson Cespedes
Water Main in Miller Drive West of SW (305)607-0799 $126,390.00 Remove and Repalce approximately 40 LF of Existing 48-lnch 11/1/2011
128th Ave ("N,and J)3071 SW 38th Ave,Miami,FL 33146 Nelson.Cespedes@miamidade.gov PCCP Water Main which burst on Miller Drive.
Nautilus Neighborhood Improvement City of Miami Beach Public Works Department Jose Perez Installation of approx.40,000 LF of 8"DIP,16,300 of storm water
-1700 Convention Center Drive,Miami (786)367-8115 $33,600,000.00 conveyance pipe,92 inlets,74 manholes andd 177 water 6/1/2009Project("N,J)Beach,FL 33139 joseperez@miamibeachfl.gov services
Page 7 of 7
Docusign Envelope ID:425AFB0C-72 68-40D6-953C-5B22A732CD2F
APPENDIX A
M IA M I BEACH
Bid Price Form
MUST BE SUBMITTED WITH THE BID.FAILURE TO DO SO WILL
RENDER THE BID NON-RESPONSIVE.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A 732CD2F
Bid Price Form
FAILURE TO SUBM IT THIS BID PRICE FORM FULLY COMPLETED ON OR BEFORE
THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE,AND THE
BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION.
The TO TAL BASE BID am ount includes the all-inclusive total cost for the work specified
in this bid,consisting of furn ishing all materials,labor,equipment,shoring,supervision,
mobilization,dem obilization,overhead and profit,insurance,permits,and taxes to
com plete the work to the full intent as shown or indicated in the contract documents.The
City will not accept any revision to the total base bid sum,divisions,line item totals,or add
altern ates after the deadline for receipt of bids.
In the event of a discrepancy betw een the sum of the items in the schedule of values and
the total base bid,the Bidder agrees that the total base bid shall govern.In the absence
of a num erical value for any item or division,the City shall interpret it as no bid for the
division,which may disqualify the Bidder.
The allowance items that have been delineated below shall be used only at the City's
discretion,as needed.In the event that an allowance is not used in its entirety,any
rem aining balance shall be re flected in a deductive change order.
TOTAL BASE BID
'Indemnification of Ci
Off-Duty Police Officer Allowance
GRAND TOTAL
(TOTAL BASE BID AMOUNT+INDEMNIFICATION OF CITY+OFF-DUTY POLICE OFFICER
ALLOWANCE +PERMIT ALLOWANCE
1See Section 0100,Sub-section 12.
$3,360,012.50
$25.00
$90,000.00
$25,000.00
$3,475,037.50
ADDITIVE ALTERNATES (In order of priority)
Selection of additive alternates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
DEDUCTIVE ALTERNATES (In order of priority)
Selection of deductive altern ates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
End of Bid Price Form.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
APPENDIX B
M IAMI BEACH
BID BOND FORM
Onl applicable if checked in the Invitation to Bid Summar
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
BID BOND
Page 1 of 2
KNOW ALL MEN BY THESE PRESENTS,that we,Amici Engineering Contractors,LLC as
Principal,hereinafter referred to as Contractor,and Philadelphia Indemnity Insurance Company as
Surety,are held and firmly bound unto the City of Miami Beach,Florida,as a municipal
corporation of the State of Florida,hereinafter called the City,in the sum of five percent
(5%)of the Contractor's Total Base Bid amount of$Five (5%)Percent of Amount Bid lawful
money of the United States of America,for the payment of which well and truly to be
made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,
jointly and severally by these presents.
WHEREAS,the Contractor contemplates submitting,or has submitted,a Bid to the
City for the furnishing of all labor,materials,equipment,machinery,tools,apparatus,
means of transportation for,and the performance of the Work covered in the Bid
Documents which include the Project Manual,the detailed Plans and Specifications,and
any Addenda,for the following solicitation.
Bid No.:1TB 2024-481-JP
Title:Sunset Islands 2 to 3 Force Main and Water Main Replacement
WHEREAS,it was a condition precedent to the submission of said Bid that a
cashier's check,certified check,or Bid Bond in the amount offive percent (5%)of the Total
Base Bid be submitted with said Bid as a guarantee that the Contractor would if awarded
the Contract,enter into a written Contract with the City for the performance of said
Contract,within ten (10)consecutive calendar days after notice having been given of the
Award of the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the
Contractor,within ten (10)consecutive calendar days after notice of such acceptance,
enters into a written Contract with the City and furnishes the Performance and Payment
Bonds,satisfactory to the City,each in an amount equal to one hundred percent (100%)
of the Contract Price,and provides all required Certificates of Insurance,then this
obligation shall be void;otherwise the sum herein stated shall be due and payable to the
City of Miami Beach and the Surety herein agrees to pay said sum immediately,upon
demand of the City,in good and lawful money of the United States of America,as
liquidated damages for failure thereof of said Contractor.
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
BID BOND
Page 2 of 2
IN WITNESS WHEREOF,the said Principal and the said Surety have duly
executed this Bond,the
5th day of September ,202A_.
PRINCIPAL:
Title
SURETY:
Attorney-in-Fact (Print Name)8S .
warren M.Alter,Attorney-inacg/,
us I;'j '
sonature %,87
(Power of Attorney must be attach%}ce
a
D o cusig n E nvelo pe ID :425 A F 80C -7268-40D 6-953C -52 2A 732C D 2F
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KN OW ALL PTON S BY TH EE PFENTS Th at PHILADELPHIA INDEM NI TY INSURANCE COM PANY (the Com pan y),a co rpor at ion organ ized an d exist ing under the
law s of the Cb m m onw eal th of Pe nnsyl van ia,does her eby co nst itute an d appo int David T.Satine,Warren M.Alter and Jonathan A.Bursevich of
Alter Surety Group,Inc.its true and lawful Attorney-in-fact with full authority to execure on its behalf bonds,undertakings,recognizances and other contracts of
indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed $50,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURAN CE COMPANY on the 14 of November,2016.
RESOLVED:That the Board of Directors hereby authorizes the President or any Vice President of the
Company:(I)Appoint Attorney(s)in Fact and authorize the Attorney(s)in Fact to execute
on behalf of the Company bonds and undertakings,contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto;and
(2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given.And,
be it
FURTHER
RESOLVED:That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH,2021.
(Seal)
Philadelphia Indemnity Insurance Company
On this 5 day of March,2021 before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the
Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
Con Nory ealVanessaMckenzie,Notary Publke
ra 9cu,,,a24
fN@tars
Notary Public:
residing at:
My commission expires:
Bala Cynwyd,PA
November 3,2024
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 5 day March,2021 are true and correct and are still in full force and effect.I do further certify that
John Glomb,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY .
5th Septem ber
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this dayof.,_s""-,
is ass,';_)f±s'4'i""-2 6,o%-i2
Edward Sayago,Corp orate Secretary :,"_',
@iii+iii i i r isuu6is.e"
>."Ns°,rid f se
,,,,so
+%
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
APPENDIX C
MIAMI BEACH
SCHEDULE OF VALUES
MUST BE SUBMITTED WITH THE BID OR WITHIN THREE (3)
DAYS OF REQUEST BY THE CITY.
D ocusign Envelope ID :425A F80C -7268-40D 6-953C -5B22A 732C D 2F
SCHEDULE OF VALUES
Bidders should fully complete the Schedule of Values to include quantities,units of measure,unit pricing,and
totals.The cost of any item(s)of work not covered by a specific contract unit price shall be included in the
contract unit price to which the item(s)is most applicable.Both unit price and extended total prices must be
stated in units of quantity specified in the bidding specifications.Bidder agrees that any unit price listed in the
Bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
City of Miami Beach
WATER MAIN AND FORCE MAIN REPLACEMENT BETW EEN SUNSET ISLAND 2 AND 3
BID ITEM LIST
Item Description Quantity Unit Unit Price Extended
No.Cost
Mobilization
1 M obilization 1 LS $882,000.00 $882,000.00
Pipe,Fittings,Valves
2 Selli ng,delivering and installing via open trench 10-inch PV C 2,360 LF $315.00 $743,400.00pipe,valves and fittings fo r sew er fo rce m ain
3 Selling,delivering and installing via H D D 12-inch H D PE pipe 1,300 LF $400.00 $520,000.00andfittingsforsewerforcemain
4 Selling,delivering and installing via open trench 8-inch D I pipe,100 LF $305.00 $30,500.00valvesandfittingsforwatermain
5 Selling,delivering and installing via H D D 10-inch H D PE pipe 72 5 LF $385.00 $279,125.00andfittingsforwatermain
6 Selli ng,delivering and installing Autom atic A ir R elease V alve 4 EA $15,000.00 $60,000.00Assembliesforsewerforcemains
7 Selling,delivering and installing Autom atic A ir R elease Valve 2 EA $9,500.00 $19,000.00Assembliesforwatermains
C ut-in connections of existing 8-inch DI w ater m ain to pro posed
8 8-inch DI w ater m ain at:1 LS s150,000.00 s 150,000.00(A)Lake Ave --24th Street:STA .13+37.11 (Begin Pro ject)
(B)Lake Ave -25th Street:STA .6+45.86 (End Project)
C ut-in connections of existing 8-inch DI fo rce m ain to pro posed
10-inch PV C fo rce m ain at:
9 (A )Sunset D rive and 23rd St:STA .4+07.71.Cut,gro ut w ith 1 LS $125,000.00 $125,000.00flowablefilluptoexistingcanalcrossingplugandabandonin
place (Begin Project)
(B )Sunset D rive and 27th St.STA :12+00.73 (End Pro ject)
R elocating storm w ater structures at 25th Street,furn ishing and
installi ng 18-inch PV C pipe and fittings fo r connection,and
10 cutt ing and capping existing storm w ater 1 LS $35,000.00 $35,000.00(A)SS M anhole:STA 6+83.4 6 "E"to STA 5+83.64 "B"
(B)C atch Basin:STA 6+01.67 "B"to STA 6+11.4 9 "B"
(C )C atch Basin:STA 6+76.09 "E"to STA 6+74.4 9 "E"
Site Work
11 Flow able fill for abandonm ent of existing 8-inch force m ain (up 20 CY $300.00 $6,000.00toexistingcanalcrossing)
12 C onstructing lim ero ck base fo r Type "I"perm anent pavem ent 800 SY $40.00 $32,000.00repairs
Docusign Envelope ID:425AF80C-7268-40D06-953C-5B22A4732CD2F
13 Constructing Type "I"asphaltic concrete surface course 800 SY $45.00 $36,000.00permanentpavementrepairs
Constructing Type "V"permanent pavement repairs for SY (Contigent14roadway(nominal 1-inch-thick machine-laid asphaltic concrete 6,500 $20.00 $130,000.00
friction surface overlay)Item)
15 Milling roadway surface course for permanent pavement 6,500 SY (Conligent s 3.00 $19,500.00repairs(nominal 1 inch thick)Item)
16 Replacing pavement markings 1 LS $5,000.00 $5,000.00
17 Constructing concrete gutter restoration to match existing 710 LF (Contingent $35.00 $24,850.00Item)
18 Constructing brick/pavers driveway restoration to match 120 SY (Contigent $50.00 $6,000.00existingItem)
19 Restoring sodded and landscaped areas 600 SY $13.00 $7,800.00
20 Full Traffic Control construction,Maintenance of Traffic 1 LS $196,000.00 $196,000.00
21 Sheeting and shoring ordered left in place by the Engineer 43,000 SF (Contigent $0.50 $21,500.00Item)
22 Trench overcut in 1-foot depth increments,for any size pipe 2,500 LF (Contigent $1.00 $2,500.00Item)
23 Furnishing and installing additional suitable backfill material 43,350 CY (Contigent $0.25 $10,837.50Item)
Other Costs
24 Flow management during construction (uninterrupted sanitary 1 LS s 18,000.00 $18,000.00sewerservicesforprojectduration)
TOTAL BASE BID AMOUNT (Line 1-24)$3,360,012.50
End of Bid Price Form.
Docusign Envelope ID:425AFB0C-7268-40O6-953C-5B22A732CD2F
APPENDIX D
MIAMI BEACH
Prevailing Wage and Local Workforce
Participation Programs
Onl applicable if checked in the Invitation to Bid Summar
Docusign Envelope ID:425AF80C-7268-40D6-953C-5822A732CD2F
The Requirements of the
Prevailing Wage and Local Workforce Participation Programs
shall apply to the award of this project.
The purpose of this appendix is to summarize,for clarity,the requirements of the City's
Prevailing Wage and Local Workforce Program Requirements.In the event of any
omissions or conflicts,the requirements of the City Code,with respect to these programs,
shall prevail.
I.MINIMUM WAGES AND BENEFITS
1.Employee Compensation.The rate of wages and fringe benefits,or cash equivalent,
for all laborers,mechanics,and apprentices employed by the Contractor or subcontractor
on the work covered by the Contract shall be not less than the prevailing rate of wages
and fringe benefit payments or cash equivalence for similar skills or classifications of work
as established by the Federal Register last published by the United States Department of
Labor prior to the date of issuance of this solicitation.(reference:Sec 31-27).
2.Notice Requirement.On the date on which any laborer or mechanic commences work
on a construction contract to which this article applies,the Contractor shall be required to
post a notice in a prominent place at the work site stating the requirements of this article.
(reference:Sec 31-29).
3.Certified Payrolls.With each payment application,the Contractor shall submit a copy
of all payrolls,including (at a minimum)the name and zip code for the covered employee,
to the City accompanied by a signed "Statement of Compliance"indicating that the
payrolls are correct and complete and that each laborer or mechanic has been paid not
less than the proper prevailing wage rate for the work performed.Beginning January 30,
2018,all payroll submittals shall be completed electronically via the City's electronic
compliance portal,LCP Tracker.No payment application shall be deemed accepted until
the Procurement Department has confirmed that a certified payroll for the applicable
payment application has been accurately submitted in the LCP Tracker.
a.LCP Tracker Training.The Procurement Department offers ongoing training in
LCP Tracker to all contractors.To schedule a training session,contact Monica Garcia
at MonicaGarcia@MiamiBeachFL.gov or 305-673-7490.
II.LOCAL WORKFORCE PARTICIPATION GOALS
1.Responsible Contractor Affidavit (RCA).As a condition of being responsive to the
requirements of the solicitation and eligible to be considered for award,the Contractor
shall submit a Responsible Contractor Affidavit affirming that it will make its best
reasonable efforts to promote employment opportunities for Miami-Dade County
residents by seeking to achieve a project goal of having thirty percent (30%)of all
construction labor hours performed by Miami-Dade County residents.The Contractor shall
also affirm that it will make its best reasonable efforts to promote employment
opportunities for Miami Beach residents.Failure to submit the RCA shall result in the bid
or proposal being disqualified and deemed non-responsive.
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
2.Workforce Performance Report.Before its final application for payment,the
Contractor shall submit its final Certified Payroll in LCP Tracker,which shall be deemed
its final Workforce Performance Report.If the project goal of thirty percent (30%)of all
construction labor hours to be performed by Miami-Dade County residents is not met,the
Contractor shall submit supporting documentation verifying reasonable efforts to promote
employment opportunities for Miami Beach and Miami-Dade County residents.No final
payment application may be approved without this information.
Balance of Page Intentionally Left Blank
Docusign Envelope ID:425AF80C-7268-40O6-953C-5822A732CD2F
LOCAL WORKFORCE PARTICIPATION PROGRAM
Responsible Contractor Affidavit Form
In accordance with Article Ill,Section 31-40 of the Miami Beach Code,all contractors and subcontractors of any tier performing on a city contract
valued in excess of $1,500,000 for (i)the construction,demolition,alteration and/or repair of city buildings or city public works projects,or (ii)a
contract valued in excess of $1,500,000 which pro vides fo r privately-funded construction,demolition,alteration and/or repair of buildings or
im provem ents located on city-owned land,and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements
of the Local Workforce Participation Program.
The undersigned Contractor affirms that should it be awarded the Contract pursuant to this solicitation,it shall comply with the following:
i.The Contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek
to achieve a project goal of having thirty percent (30%)of all construction labor hours performed by Miami-Dade County residents.
ii.The Contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents.To verify workers'
residency,the Contractor (s)shall provide the residence address of each worker.
Juan Barreneche
Print Name of Affiant
Managing Member
Print Title of Affiant
Amici Engineering Contractors,LLC
Name of Firm
9480 SW 77th Ave,Suite 103,Miami
Address of Firm
10/16/2024
Date
Florida
State
33176
Zip Code
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
APPENDIX E
M IA M I BEACH
Trench Safety
Act Certification
Onl applicable if checked in the Invitation to Bid Summar
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5B22A732CD2F
TRENCH SAFETY ACT CERTIFICATION
PAGE 1 OF 1
IF APPLICABLE,THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE.
On October 1,1990,House Bill 3181,known as the Trench Safety Act,became law.This incorporates the
Occupational Safety &Health Administration (OSHA)revised excavation safety standards,citation 29
CFR.S.1926.650,as Florida's standards.The Bidder,by virtue of the signature below,affirms that the Bidder is
aware of this Act and will comply with all applicable trench safety standards.Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.The Bidder is also obligated to identify the
anticipated method and cost of compliance with the applicable trench safety standards.
THE BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS OF COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT.THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE
ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY.THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES NOR BE CONSIDERED ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Trench Box
Unit
of Measure
LS
Quantity
1
Unit
Price Extended Method
$5,000.00 $5,000.00 Steel Shoring
Total $5,000.00
Amici ••ntractors,LLC
Name of
CONSIDERATION FOR INDEMNIFICATION OF CITY
Consideration for Indemnification of City $25.00□Cost for compliance with all Federal and State requirements of the Trench Safety Act
[NOTE:If the box above is checked,the Bidder must fill out the preceding Trench Safety Act
Form in order to be considered responsive.]
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A4732CD2F
MIAMI BEACH
Adu-=w knowledged by:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 4,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,
or other clarifications and revisions issued by the City.The 1TB is amended in the following particulars only
(deletions are shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals
through PeriscopeS2G is extended until 3:00 p.m.,on Friday,September 20,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall
be accepted as timely submitted.Bids cannot be submitted after the deadline established for
receipt of bids.Hard copy bids or bids received electronically,either through email or facsimile,
submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected.
Late bids cannot be submitted,bidders are cautioned to plan sufficiently.The City will in no way be
responsible for delays caused by technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
II.REVISION:DELETE 1TB Summary -Section 13-Minimum Requirements of the 1TB,in its entirety and
REPLA CE with EXHIBIT A:Revised Section 13-Minimum Requirements.
Ill.ATT ACHMENTS:
EXHIBIT A:Revised Section 13-Minimum Requirements
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachft.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943
Email:
miamibeachfl.ov
1 ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
M IA M I BEACH
Adder«sue:''owledged by:
PROCUREMENT DEPARTMENT
1755 M eridian Avenue,36 Floor
M iam i Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
September 19,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m .,on Friday,September 27,2024.
All bids received and time stamped thro ugh PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted.Bids cannot be submitted after the deadline established for receipt of bids.Hard
copy bids or bids received electronically,either thro ugh email or facsimile,submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected.Late bids ca nnot be submitted,bidders are
cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or
caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Di al the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
II.REVISION:DELETE 1TB Summary -Section 19 -Liquidated Damages of the 1TB,in its entirety,and
REPLA CE with Revised Liquidated Damages.
Ill.ATTACHMENTS:
ATTACHMENT A:MB-Sunset Islands WM and FM Replacement-Technical Specifications-20231227
ATTACHMENT B:City of Miami Beach-Sunset lslands-Geotechnical Exploration Report
ATTACHMENT C:City of Miami Beach-Sunset Islands-Addendum Letter
ATTACHMENT D:Sunset Islands Final Engineering Report-20230303-s
ATTACHMENT E:Revised Liquidated Damages
IV.RESPONSES TO QUESTIONS RECEIVED:
Q1:Please identify where the City and Engineer pro pose for the HOPE pipe to be staged in preparation for
pullback.As you know the HOPE will take days to fuse and will need to be prepared before the final ream pass.
Are there any easements through properties where this pipe string will sit?Specifically for the force main which
is a longer pull.
1 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH
nowledged by:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.3
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 26,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Thursday,October 10,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted.Bids cannot be submitted after the deadline established for receipt of bids.Hard
copy bids or bids received electronically,either through email or facsimile,submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected.Late bids cannot be submitted,bidders are
cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or
caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
oatala ohjade
For Kristy Bada
Chief Procurement Officer
1 ADDENDUM NO.3
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH
Addenuyy'
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.4
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 30,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.RESPONSES TO QUESTIONS RECEIVED:
Q1:SPECS,PDF 7,12.0 PAYMENT:States:"Payment shall be made on 90%of the monthly estimate ..."
Florida statutes do not allow retainage greater than %5,please revise.
A 1:This can be revised to be "Payment shall be made on 95%of the monthly estimate",in
agreeance with the question that retainage should not be greater than 5%.
02:Are there any schools in the vicinity of this project?
A2:There are no schools on any of the Sunset Islands,the nearest being Miami Beach Senior
High School at the intersection of Dade Boulevard and Washington Ave,approximately 1.3
miles from the project point of beginning.
03:Please clarify:Specs state:PDF 99 1.0.5.OBSERVATION AND TESTING,A,states:"The City will employ
and pay for the services of an independent testing laboratory for specified testing as specified by the Consultant
as noted in the Section entitled "Testing Laboratory Services".D states:"The City will bear the cost of all tests,
observations,or investigations undertaken by the order of the Consultant ..",PDF 101,01 45 29,TESTING
LABORATORY SERVICES,1.0.1.THE REQUIREMENTS,A states:City will employ and pay for the services
of an Independent Testing laboratory to perform certain specified testing.All other required testing services
under the Contract Documents shall be provided by the Contractor".In order to include such costs in the bid:
a.Which certain testing services are to be done by the Contractor?
b.For each services how many tests are required or per how many ft,sf,cf,cy,locations will tests be
dictated?
A3:Please refer to the following sections of the technical specifications for testing services to
be completed by the contractor and for specific instructions and requirements for testing:
03 30 00 Cast in Place concrete
321313 Concrete Paving
33 0110.54 Cleaning and Testing of Main
33 05 19 Ductile Iron Pipe
33 05 07 .13 Horizontal Directional Drilling
33 05 31.16 PVC Pressure Pipe
33 05 31.01 Ribbed PVC
33 14 13 Public Water Utility Distribution Piping
1 ADDENDUM NO.4
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,38 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
33 31 23 Sanitary Sewerage Force Main Piping
33 42 31 Stormwater Area Drains
40 05 61 Gate Valves
40 05 62 Plug Valves
Q4:PDF 248 MENTIONS:"EXCAVATABLE FLOWABLE FILL"Where on this project is this required?
A4:Per the technical specifications Section 31 23 23.33 Flowable Fill,the flowable for this
project is intended to fill the pipelines that are to be abandoned (as shown in the project
drawings).The use of excavated flowable fill is not anticipated.
Q5:PDF 253 MENTIONS:"thrust block"Where on this project is this required?Since PDF 313 states:D.
Thrust blocks are not allowed unless specially approved by City of Miami Beach Public Works Department
Engineering Division in writing."
AS:Thrust blocks are not proposed in the project.As stated,the City of Miami Beach Public
Works Department does not allow thrust blocks unless specifically approved.
Q6:PDF 280 MENTIONS:"TEXTURED PAVEMENT"Where on this project is this required?
A6:This is not anticipated for the project,however,if textured pavement is present within the
project area,the Contractor shall restore the pavement to its original conditions following the
City of Miami Beach Public Works Standards and technical specifications Section 32 13 13
Concrete Paving.
Q7:Is there any requirements on this project for coloring concrete?
A7:Per the City of Miami Beach Public Works Manual concrete pavement coloring shall be
"Miami Beach Red,"Please refer to the technical specifications Section 32 13 13 Concrete
Paving for additional details.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943 miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
etao Delgado
for Kristy Bada
Chief Procurement Officer
2 ADDENDUM NO.4
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND W ATER MAIN REPLA CEMENT
Docusign Envelope ID:425AFB0C-7268-40D6-953C-5822A732CD2F
MIAMI BEACH
nowledged by:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO.5
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
October 4,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,
or other clarifications and revisions issued by the City.The 1TB is amended in the following particulars only
(deletions are shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals
through PeriscopeS2G is extended until 3:00 p.m.,on Wednesday,October 16,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall
be accepted as timely submitted.Bids cannot be submitted after the deadline established for
receipt of bids.Hard copy bids or bids received electronically,either through email or facsimile,
submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected.
Late bids cannot be submitted,bidders are cautioned to plan sufficiently.The City will in no way be
responsible for delays caused by technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.Potential
proposers that have elected not to submit a response to the 1TB are requested to complete and return the
"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal.
Sincerely,
oat.a Deb4adoNataliaDelgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.5
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D06-953C-5B22A732CD2F
MIAMI BEACH
nowledged by:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.6
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
October 9,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
The deadline for questions has passed.No further questions will be considered,and no further extensions will be
made.
I.RESPONSES TO QUESTIONS RECEIVED:
Q1.What situation would the city require a temporary noise barrier and who is making the final
decision to install a noise barrier or not?
A 1:The contractor needs to apply for construction ROW permit and that would be the final
determination for temporary noise barriers.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department
to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,Uataa De2A>
Natalia Delgado -
Procurement Contracting Officer Ill
1 ADDENDUM NO.6
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C0-5B22A732CD2F
APPENDIX D
MIA MI BEACH
Prevailing Wage and Local Workforce
Participation Programs
Onl applicable if checked in the Invitation to Bid Summar
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
The Requirements of the
Prevailing Wage and Local Workforce Participation Programs
shall apply to the award of this project.
The purpose of this appendix is to summarize,for clarity,the requirements of the City's
Prevailing Wage and Local Workforce Program Requirements.In the event of any
omissions or conflicts,the requirements of the City Code,with respect to these programs,
shall prevail.
I.MINIMUM WAGES AND BENEFITS
1.Employee Compensation.The rate of wages and fringe benefits,or cash equivalent,
for all laborers,mechanics,and apprentices employed by the Contractor or subcontractor
on the work covered by the Contract shall be not less than the prevailing rate of wages
and fringe benefit payments or cash equivalence for similar skills or classifications of work
as established by the Federal Register last published by the United States Department of
Labor prior to the date of issuance of this solicitation.(reference:Sec 31-27).
2.Notice Requirement.On the date on which any laborer or mechanic commences work
on a construction contract to which this article applies,the Contractor shall be required to
post a notice in a prominent place at the work site stating the requirements of this article.
(reference:Sec 31-29).
3.Certified Payrolls.With each payment application,the Contractor shall submit a copy
of all payrolls,including (at a minimum)the name and zip code for the covered employee,
to the City accompanied by a signed "Statement of Compliance"indicating that the
payrolls are correct and complete and that each laborer or mechanic has been paid not
less than the proper prevailing wage rate for the work performed.Beginning January 30,
2018,all payroll submittals shall be completed electronically via the City's electronic
compliance portal,LCP Tracker.No payment application shall be deemed accepted until
the Procurement Department has confirmed that a certified payroll for the applicable
payment application has been accurately submitted in the LCP Tracker.
a.LCP Tracker Training.The Procurement Department offers ongoing training in
LCP Tracker to all contractors.To schedule a training session,contact Monica Garcia
at MonicaGarcia@MiamiBeachFL.gov or 305-673-7490.
II.LOCAL WORKFORCE PARTICIPATION GOALS
1.Responsible Contractor Affidavit (RCA).As a condition of being responsive to the
requirements of the solicitation and eligible to be considered for award,the Contractor
shall submit a Responsible Contractor Affidavit affirming that it will make its best
reasonable efforts to promote employment opportunities for Miami-Dade County
residents by seeking to achieve a project goal of having thirty percent (30%)of all
construction labor hours performed by Miami-Dade County residents.The Contractor shall
also affirm that it will make its best reasonable efforts to promote employment
opportunities for Miami Beach residents.Failure to submit the RCA shall result in the bid
or proposal being disqualified and deemed non-responsive.
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
2.Workforce Performance Report.Before its final application for payment,the
Contractor shall submit its final Certified Payroll in LCP Tracker,which shall be deemed
its final Workforce Performance Report.If the project goal of thirty percent (30%)of all
construction labor hours to be performed by Miami-Dade County residents is not met,the
Contractor shall submit supporting documentation verifying reasonable efforts to promote
employment opportunities for Miami Beach and Miami-Dade County residents.No final
payment application may be approved without this information.
Balance of Page Intentionally Left Blank
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
LOCAL WORKFORCE PARTICIPATION PROGRAM
Responsible Contractor Affidavit Form
In accorda nce w ith A rt icle Ill,S e ctio n 31-4 0 of the Miami Beach Code,all contractors and subcontractors of any tier performing on a city contract
va lue d in exce ss of $1,5 00 ,0 0 0 fo r (i)the con structio n ,de m o litio n,alteratio n an d/or rep air of city build ing s or ci ty pub lic w orks proje cts,or (ii)a
co ntract value d in excess of S 1,5 0 0 ,00 0 w hich pro vide s fo r private ly-fund ed constructio n ,de m o litio n ,alteratio n and/or repa ir of build ing s or
im p rove m e nts lo cated on city-ow ne d la nd ,and w hich are su bject to S e ctio n 31-4 0 of the M ia m i B e ach C o de sha ll com ply w ith the requ irem e nts
of the Lo cal W orkfo rce P art ici pa tio n P rog ram .
The undersigned Contractor affirms that should it be awarded the Contract pursuant to this solicitation,it shall comply with the following:
i.The Contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek
to achieve a project goal of having thirty percent (30%)of all construction labor hours performed by Miami-Dade County residents.
ii.The Contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents.To verify workers'
residency,the Contractor (s)shall provide the residence address of each worker.
Juan Barreneche
Print Name of Affiant
Managing Member
Print Title of Affiant
Amici Engineering Contractors,LLC
Name of Firm
9480 SW 77th Ave,Suite 103,Miami
Address of Firm
10/16/2024
Date
Florida
State
33156
Zip Code
Docusign Envelope ID:425AF80C-7268-40O6-953C-5822A732CD2F
APPENDIX E
M IA M I BEACH
Trench Safety
Act Certification
Onl applicable if checked in the Invitation to Bid Summar
D o cusig n E nvelo pe ID :42 5A F80C -7268-40O 6-953C -5B22A 732C D 2F
TRENCH SAFETY ACT CERTIFICATION
PAGE 1 OF 1
IF APPLICABLE,THIS FORM MUST BE SUBMITT ED FOR BID TO BE DEEMED RESPONSIVE.
On October 1,1990,House Bill 3181,known as the Trench Safety Act,became law.This incorporates the
Occupational Safety &Health Administration (OSHA)revised excavation safety standards,citation 29
CFR.S.1926.650,as Florida's standards.The Bidder,by virtue of the signature below,affirms that the Bidder is
aware of this Act and will comply with all applicable trench safety standards.Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.The Bidder is also obligated to identify the
anticipated method and cost of compliance with the applicable trench safety standards.
THE BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS OF COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT.THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE
ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARA TELY.THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES NOR BE CONSIDERED ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Trench Box
Unit
of Measure
LS
Quantity
1
Unit
Price
$5,000.00
Extended Method
$5,000.00 Steel Shoring
Total $5,000.00
Amici Engineering Contractors,LLC
Name of Bidder
CONSIDERA TION FOR INDEMNIFICATION OF CITY
Consideration for Indemnification of City $25.00□Cost for compliance with all Federal and State requirements of the Trench Safety Act*
[NOTE:If the box above is checked,the Bidder must fill out the preceding Trench Safety Act
Form in order to be considered responsive.]
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
MIAMI BEACH
Ady knowledged by.
PROCUREMENT DEPARTMENT
1755 M eridian Avenue,36 Floor
M iam i Beach,Flor ida 33139
www .m iam ibeachfl.gov
ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 4,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,
or other clarifications and revisions issued by the City.The 1TB is amended in the following particulars only
(deletions are shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals
through PeriscopeS2G is extended until 3:00 p.m.,on Friday,September 20,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall
be accepted as timely submitted.Bids cannot be submitted after the deadline established for
receipt of bids.Hard copy bids or bids received electronically,either through email or facsimile,
submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected.
Late bids cannot be submitted,bidders are cautioned to plan sufficiently.The City will in no way be
responsible for delays caused by technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
II.REVISION:DELETE 1TB Summary -Section 13 -Minimum Requirements of the 1TB,in its entirety and
REPLA CE with EXHIBIT A:Revised Section 13-Minimum Requirements.
Ill.ATT ACHMENTS:
EXHIBIT A:Revised Section 13 -Minimum Requirements
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
1 ADDENDUM NO.1
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5B22A732CD2F
MIAMI BEACH
Adder uii'N 1owledged by:
PROCUREMENT DEPARTMENT
17 55 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 19,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Friday,September 27,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted.Bids cannot be submitted after the deadline established for receipt of bids.Hard
copy bids or bids received electronically,either through email or facsimile,submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected.Late bids cannot be submitted,bidders are
cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or
caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
II.REVISION:DELETE 1TB Summary -Section 19 -Liquidated Damages of the 1TB,in its entirety,and
REPLACE with Revised Liquidated Damages.
Ill.ATTACHMENTS:
ATT ACHMENT A:MB-Sunset Islands WM and FM Replacement-Technical Specifications-20231227
ATTACHMENT B:City of Miami Beach-Sunset lslands-Geotechnical Exploration Report
ATTACHMENT C:City of Miami Beach-Sunset Islands-Addendum Letter
ATT ACHMENT D:Sunset Islands Final Engineering Report-20230303-s
ATT ACHMENT E:Revised Liquidated Damages
IV.RESPONSES TO QUESTIONS RECEIVED:
01:Please identify where the City and Engineer propose for the HDPE pipe to be staged in preparation for
pullback.As you know the HDPE will take days to fuse and will need to be prepared before the final ream pass.
Are there any easements through properties where this pipe string will sit?Specifically for the force main which
is a longer pull.
1 ADDENDUM NO.2
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
MIAMI BEACH
nowledged by:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,38 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO.3
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 26,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Thursday,October 10,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted.Bids cannot be submitted after the deadline established for receipt of bids.Hard
copy bids or bids received electronically,either through email or facsimile,submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected.Late bids cannot be submitted,bidders are
cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or
caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943 miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
atolla Dolbqade
For Kristy Bada
Chief Procurement Officer
1 ADDENDUM NO.3
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AF80C-72 68-40D6-953C-5822A732CD2F
MIAMI BEACH
Addenuyy'>
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.4
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
September 30,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.RESPONSES TO QUESTIONS RECEIVED:
Q1:SPECS,PDF 7,12.0 PAYMENT:States:"Payment shall be made on 90%of the monthly estimate ..."
Florida statutes do not allow retainage greater than %5,please revise.
A1:This can be revised to be "Payment shall be made on 95%of the monthly estimate",in
agreeance with the question that retainage should not be greater than 5%.
Q2:Are there any schools in the vicinity of this project?
A2:There are no schools on any of the Sunset Islands,the nearest being Miami Beach Senior
High School at the intersection of Dade Boulevard and Washington Ave,approximately 1.3
miles from the project point of beginning.
Q3:Please clarify:Specs state:PDF 99 1.0.5.OBSERVATION AND TESTING,A,states:"The City will employ
and pay for the services of an independent testing laboratory for specified testing as specified by the Consultant
as noted in the Section entitled "Testing Laboratory Services".D states:"The City will bear the cost of all tests,
observations,or investigations undertaken by the order of the Consultant ..",PDF 101,01 45 29,TESTING
LABORATORY SERVICES,1.0.1.THE REQUIREMENTS,A states:City will employ and pay for the services
of an Independent Testing laboratory to perform certain specified testing.All other required testing services
under the Contract Documents shall be provided by the Contractor".In order to include such costs in the bid:
a.Which certain testing services are to be done by the Contractor?
b.For each services how many tests are required or per how many ft,sf,cf,cy,locations will tests be
dictated?
A3:Please refer to the following sections of the technical specifications for testing services to
be completed by the contractor and for specific instructions and requirements for testing:
03 30 00 Cast in Place concrete
32 13 13 Concrete Paving
33 0110.54 Cleaning and Testing of Main
33 0519 Ductile Iron Pipe
33 05 07.13 Horizontal Directional Drilling
33 05 31.16 PVC Pressure Pipe
33 05 31.01 Ribbed PVC
331413 Public Water Utility Distribution Piping
1 ADDENDUM NO.4
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-72 68-40O6-953C-5B22A732CD2F
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3+Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
33 31 23 Sanitary Sewerage Force Main Piping
33 42 31 Stormwater Area Drains
40 05 61 Gate Valves
40 05 62 Plug Valves
Q4:PDF 248 MENTIONS:"EXCAVATABLE FLOWABLE FILL"Where on this project is this required?
A4:Per the technical specifications Section 31 23 23.33 Flowable Fill,the flowable for this
project is intended to fill the pipelines that are to be abandoned (as shown in the project
drawings).The use of excavated flowable fill is not anticipated.
Q5:PDF 253 MENTIONS:"thrust block"Where on this project is this required?Since PDF 313 states:D.
Thrust blocks are not allowed unless specially approved by City of Miami Beach Public Works Department
Engineering Division in writing."
AS:Thrust blocks are not proposed in the project.As stated,the City of Miami Beach Public
Works Department does not allow thrust blocks unless specifically approved.
Q6:PDF 280 MENTIONS:"TEXTURED PAVEMENT"Where on this project is this required?
A6:This is not anticipated for the project,however,if textured pavement is present within the
project area,the Contractor shall restore the pavement to its original conditions following the
City of Miami Beach Public Works Standards and technical specifications Section 32 13 13
Concrete Paving.
07:Is there any requirements on this project for coloring concrete?
A7:Per the City of Miami Beach Public Works Manual concrete pavement coloring shall be
"Miami Beach Red,"Please refer to the technical specifications Section 32 13 13 Concrete
Paving for additional details.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention
of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
etala egad
for Kristy Bada
Chief Procurement Officer
2 ADDENDUM NO.4
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEMENT
Docusign Envelope ID:425AF80C-7268-4006-953C-5822A732CD2F
MIAMI BEACH
nowledged by:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3d Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.5
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
October 4,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,
or other clarifications and revisions issued by the City.The 1TB is amended in the following particulars only
(deletions are shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals
through PeriscopeS2G is extended until 3:00 p.m.,on Wednesday,October 16,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall
be accepted as timely submitted.Bids cannot be submitted after the deadline established for
receipt of bids.Hard copy bids or bids received electronically,either through email or facsimile,
submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected.
Late bids cannot be submitted,bidders are cautioned to plan sufficiently.The City will in no way be
responsible for delays caused by technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:644 051 008#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.Potential
proposers that have elected not to submit a response to the 1TB are requested to complete and return the
"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal.
Sincerely,at.a Degado
Natalia Delgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.5
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
Docusign Envelope ID:425AFBOC-7268-40D6-953C-5822A732CD2F
MIAMI BEACH
nowledged by:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO.6
INVITATION TO BID NO.2024-481-JP
SUNSET ISLANDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLACEMENT
October 9,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
The deadline for questions has passed.No further questions will be considered,and no further extensions will be
made.
I.RESPONSES TO QUESTIONS RECEIVED:
Q1.What situation would the city require a temporary noise barrier and who is making the final
decision to install a noise barrier or not?
A 1:The contractor needs to apply for construction ROW permit and that would be the final
determination for temporary noise barriers.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department
to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,/atala De2A>
Natalia Delgado "-
Procurement Contracting Officer Ill
1 ADDENDUM NO.6
INVITATION TO BID NO.2024-481-JP
SUNSET ISLA NDS 2 TO 3 FORCE MAIN AND WATER MAIN REPLA CEM ENT
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
ATTACHMENT D
INSURANCE REQUIREMENTS
Docusign Envelope ID:425AF80C-7268-40D6-953C-5B22A732CD2F
INSURA NCE REQUIREMENTS
The Contractor shall maintain the below required insurance in effect prior to awarding the contract
and fo r the duration of the contract.The maintenance of pro per insurance coverage is a material
elem ent of the contract and failure to maintain or renew coverage may be treated as a material
breach of the contract,which could result in withholding of paym ents or termination of the contract.
A.W orkers'Com pensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than $1,000,000 per accident for bodily injury or disease.Should the
Contractor be exem pt from this Statute,the Contractor and each employee shall
hold the City harm less from any injury incurred during performance of the Contract.
The exem pt contractor shall also submit (i)a written statement detailing the number
of em ployees and that they are not require d to carry W orkers'Compensation
insurance and do not anticipate hiring any additional em ployees during the term of
this contract or (ii)a copy of a Certificate of Exem ption.
B.Com m ercial General Liability Insurance on an occurre nce basis,including products
and com pleted operations,property dam age,bodily injury and personal &
advertising injury with lim its no less than $2,000,000 per occurrence.If a general
aggregate lim it applies,either the general aggregate limit shall apply separately to
this project or the general aggregate limit shall be tw ice the required occurrence
lim it.
C.Autom obile Liability Insurance covering any autom obile,if Contractor has no
owned autom obiles,then coverage for hired and non-owned automobiles,with limit
no less than $2,000,000 com bined per accident for bodily injury and property
dam age.
D.Installation Floater Insurance against damage or destruction of the materials or
equipm ent in transit to,or stored on or off the Project Site,which is to be used
(installed into a building or structure)in the Project.(City of Miami Beach shall
Named as a Loss Payee on this policy,as its interest may appear.This policy shall
remain in force until acceptance of the project by the City.)
E.Um brella Liability Insurance in an am ount no less than $10,000,000 per
occurrence.The umbrella coverage must be as bro ad as the primary General
Liability coverage.
F.Contractors'Pollution Legal Liability (if project involves environmental hazards),
with lim its no less than $1,000,000 per occurrence or claim,and $2,000,000 policy
aggregate.
Additional Insured -City of Miami Beach must be included by endorsement as an additional
insured with respect to all liability policies (except Pro fessional Liability and Workers'
Com pensation)arising out of work or operations performed on behalf of the contractor including
materials,parts,or equipm ent furn ished in connection with such work or operations and
autom obiles owned,leased,hired or borrowed in the form of an endorsement to the contractor's
insurance.
Docusign Envelope ID:425AF80C-7268-40D06-953C-52 2A732CD2F
INSURANCE REQUIREMENTS
Notice of Cancellation -Each insurance policy required above shall provide that coverage shall
not be cancelled,except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance
Services.
Waiver of Subrogation -Contractor agrees to obtain any endorsement that may be necessary
to affect the waiver of subrogation on the coverages required.However,this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers -Insurance must be placed with insurers with a current A.M.Best
rating of A:VII or higher.If not rated,exceptions may be made for members of the Florida
Insurance Funds (i.e.FWCIGA,FAJUA).Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
Verification of Coverage -Contractor shall furnish the City with original certificates and
amendatory endorsements,or copies of the applicable insurance language,effecting coverage
required by this contract.All certificates and endorsements are to be received and approved by
the City before work commences.However,failure to obtain the required documents prior to the
work beginning shall not waive the Contractor's obligation to provide them.The City reserves the
right to require complete,certified copies of all required insurance policies,including
endorsements,required by these specifications,at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O.Box 947
Murrieta,CA 92564
Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,
EXIGIS,at:
Certificates-miamibeach@riskworks.com
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.
Compliance with the foregoing requirements shall not relieve the Contractor of his liability and
obligation under this section or under any other section of this agreement.