Contract with Advanced Roofing, Inc. No. 24-303-R2Docusign Envelope ID:EC7D306C-01AE-43AF-BD4C-180D947932D
Docusign Envelope ID:088 15046-36D07-4780-8E34-BDAA16FBDACD
Contract No.24-303-R2
CONTRACT
12/10/2024 I 10:54 EST
THIS CONTRACT ("Contract")is made and entered into as of ,by and
between the City of Miami Beach,Florida,a municipal corporation (the "City")and
ADVANCED ROOFING,INC.(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:
RF2-2024-303-WG-JOB ORDER CONTRACTING ("JOC")FOR ROOFING OR
ELECTRICAL CONSTRUCTION PROJECTS
The Contractor agrees to make payment of all proper charges for labor and materials
required in the aforementioned work,and lo 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 Request for
Qualifications ("RFQ")are hereby incorporated by reference to the General Conditions for
Construction Contracts dated April 13,2020,the Formal Solicitation Terms &Conditions
-Goods and Services dated October 27,2022,and the Terms and Conditions -Grants
and Federal Requirements (Contract Provisions for Federal Awards)date August,20,
2020 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,Request For Qualifications No.2024-303-WG and all Addenda thereto),
Attachment C (Sunbiz Entity Detail and Contractor's Response to the RFO).
Contractor may reject the assignment of a task order with good cause by providing the
City with written notice detailing the specific reasons for rejection within three (3)business
days of notification of a task order assignment.However,a determination of good cause
is not guaranteed and shall be made in the City Manager's sole discretion.If the Contractor
declines three (3)work orders without good cause,the City may terminate this Agreement.
Contractor acknowledges that rejecting a task order for any reason may affect Contractor's
ability to receive an equitable distribution of work under the Agreement.
The contract is an indefinite-quantity contract for construction work services.
The Contractor shall perform all work required,necessary,proper for or incidental to
completing the Detailed Scope of Work called for in each individual Job Order issued
pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog®
and the tollowmng Adjustment Factors:
Docusign Envelope ID:EC7D306C-01AE-43AF-BD4C-18094789320
Docusign Envelope ID:08B815046-3607-4780-8E34-B8DA16FBDACD
Contract No.24-303-R2
1.
Adjustment Factor for Projects with Routine Wages and Normal
Working Hours (excludes prevailing wages,Davis Bacon wages and
local workforce requirements)1.1089
Normal Working Hours Adjustment Factor means the hours contained in the applicable noise
ordinance,and in the event there ts no applicable norse ordinance,means the hours trom #:UU
-·l to4:00 p.m.Monday through Friday,except for City Holidays..l-.
2.
Adjustment Factor for Projects with Routine Wages and Other Than
Normal Working Hours (excludes prevailing wages,Davis Bacon
wages and local workforce requirements)
Other Than Normal Working Hours Adjustment Factor:means the hours outside the applicable
noise ordinance,and in the event there is no applicable noise ordinance,means the hours of
4:01 p.m to6.59 a.m.Monday through Friday and all day Saturday,Sunday,and City Holidays.
1.1867
1.
Adjustment Factor for Projects Prevailing Wages with Normal
Working Hours (includes prevailing wages,Davis Bacon wages and
local workforce requirements)1.1473
Nor ma Working Hours Adjustment factor means the hours contained in the applicable noise
ordinance,and in the event there is no applicable noise ordinance,means the hours from 7.00l-lM"lo+0 p.m.Monday through Friday,except for City Holidays.
2.
Adjustment Factor for )Prevailing Wages with Other Than Normal
Working Hours (includes prevailing wages,Davis Bacon wages and
local workforce requirements)1.2311
Other Than Normal Working Hours Adjustment factor:means the hours outside the applicable
noise ordinance,and in the event there is no applicable noise ordinance,means the hours of
-@Olp.m,to 6:9 a.m.Monday through Friday and al day Saturday,Sunday,and City Holidays.
Partial and Final Payments will be made as provided for in the Contract Documents.
2
Docusign Envelope ID:EC7D306C-01AE-43AF-BD4C-180D0947B9320
Docusign Envelope ID:08B815046-36D7-4780-8€34-BDAA16FBDACD
Contract No.24-303-R2
Notices.
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:
Facilities &,Fleet Management Department
1833 Bay Road,2nd Floor
Miami Beach,_FL 33139
Attn:Elizabeth Miro,Assistant Director
Ph:305-673-7000 ext.22925
Email:elizabethmiro@miamibeachfl.gov
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
For Contractor:
ADVANCED ROOFING,INC.
1950 NW 22 Street
Fort Lauderdale,FL 33311
Attn:Steve Schoen
Ph:954-522-6868
Email:steves@advancedroofing.com
3
Docusign Envelope ID:EC7D306C-01AE-43AF-BD4C-180947B9320
Docusign Envelope ID:08B 15046-36D7-4780-8E34-BDAAI6FBDACD
Contract No 24-303.R2
IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by
their appropriate officials as of the date first above written.
CITY:
ATTEST:
DocuSigned by:
l €.Grava.lo
By:.E
al %R#%8%/8#156
CITY OF MIAMI BEACH,FLORIDA
{seal}
[3y.ydkdd""t
E er
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION llrDate
CONTRACTOR:
ADVANCED ROOFING,INC.
Name:Robert P.Kornahrens,President
[seal}
4
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.
(Vendor Signature)
Robert P.Kornahrens,President
(Print Name)
Advanced Roofing,Inc.
(Company Name)
1950 NW 22nd St.,Fort Lauderdale,FL 33311
(Address)
State of
County of
Florida
Broward
The foregoing instrument was acknowledged before me by means of [8 physical presence
or□online notarization,this 11.2 2.24 by _Robert7-Kornahrens
known to me to be the person described herein,or who produced
as identification,and who did/did not take an oath.--------------
Faith Williams
(Print Name)
My commission expires:_
gs.,Fwuwuus5?2,}cowssoN+H 1z241
?jg!j$ExPRs:Asput 24,202s"nS"oded Tu Notary Public Underwriters
RESOLUTION NO.2024-33224
A RESO LUTIO N OF THE MAYOR AND CITY COM MISSION OF THE CITY OF
MIA M I BEACH,FLORIDA,ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS NO.2024-
303-W G ,JO B ORDER CONTRA CTING ("JOC")FOR ROOFING OR
ELECTRICAL CONSTRUCTION PROJECTS;AUTHORIZING THE
ADM INISTRA TIO N TO ESTABLISH A POOL OF PRE-QUALIFIED
CO NTRA CTO RS,AS SET FORTH IN ATTACHMENT A;FURTHER
AUTHO RIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE
AG REEM ENTS W ITH EACH OF THE RECOMMENDED PROPOSERS UPON
CO NCLUSIO N OF SUCCESSFUL NEGOTIA TIONS;AND REQUIRING THAT
ANY PRO JECT TASK ORDER W ITH A VALUE GREATER THAN $2 MILLION
BE SUBJECT TO THE PRIOR APPROVAL BY THE MAYOR AND CITY
CO M M ISSIO N.
W HEREAS,on April 3,2024,the Mayor and City Com mission approved to issue an RFQ
fo r Job O rder Contracting ("JOC")for roofing or electrical construction projects;and
W HEREAS,on April 5,2024,RFQ 2024-303-WG was issued;and
W HEREAS,on May 23,2024,the City received proposals from the following contractors
in each category:-
Roofing
•AJ Roofing Corp
•A-1 Property Serv ice s Group,Inc.
•Advanced Roofing,Inc .
•Electrical
•AG C Electric,Inc.
•Edd Helm s Electric,LLC
•R&D Electric,Inc.
•South Florida Electrical Consultant,Inc.;and
W HEREAS,on July 8,2024,the Evaluation Committee comprised of Martin Calcano,
Facilities Capital Projects Coordinator,Facilities and Fleet Management Department,Elizabeth
Estevez,Parks Capital Projects Manager,Parks and Recr eation Department,Herman Fung,
Project Manager,Offi ce of Capital Impro vement Projects,Pablo Gomez,Senior Capital Projects
Coordinator,Offi ce of Housing and Community Serv ices and Rodney Perez,Project Manager,
Police Departm ent,convened to consider the responsive proposa ls received;and
W HEREAS,the Com m ittee was pro vided an overv iew of the project,information relative
to the City 's Cone of Silence Ordinance,the Government Sunshine Law,general inform ation on
the scope of serv ices and a copy of each proposal;and
W HEREAS,the Com m ittee was instru cted to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ;and
WHEREAS,the evaluation process resulted in the proposers being ranked by the
Evaluation Committee in the following order:
Roofing
1st ranked -AJ Roofing Corp
2nd ranked -Advanced Roofing,Inc.
3rd ranked -A-1 Property Services Group,Inc.
Electrical
1st ranked -South Florida Electrical Consultant,Inc.
2nd ranked -AGC Electric,Inc.
3rd ranked -R&D Electric,Inc .
4th ranked -Edd Helms Electric,LLC.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City
Commission accept the recommendation of the City Manager pursuant to request for
qualifications no.2024-303-WG,Job Order Contracting for Roofing or Electrical Construction
Projects;authorize the Administration to establish a pool of pre-qualified contractors,as set forth
in attachment a;further authorize the City Manager and the City Clerk to execute agreements
with each of the recommended proposers upon conclusion of.successful negotiations;and require
that any project task order with a value greater than $2 million be subject to the prior approval by
the Mayor and City Commission.''
PASSED AND ADOPTED hts.ll day or Stuebe2024.
ATTEST:··rA·.....•.......
..SEP 47 202¥
STEVEN MEINER,MAYOR
APPROVED AS TO
FORM &LANGUAGE
&murnoN...
lzzlr "
City Attorney gr Date
RAFAEL E.GRANADO,CITY CLERK
Procurement Requests -C2 A
MIAMI BEA CH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:September 11,2024
TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS NO.2024-303-WG,
JOB ORDER CONTRACTING ("JOC")FOR ROOFING OR ELECTRICAL
CONSTRUCTION PROJECTS;AUTHORIZING THE ADMINISTRATION TO
ESTABLISH A POOL OF PRE-QUALIFIED CONTRACTORS,AS SET FORTH IN
ATTACHMENT A;FURTHER AUTHORIZING THE CITY MANAGER AND THE CITY
CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE RECOMMENDED
PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS;AND
REQUIRING THAT ANY PROJECT TASK ORDER WITH A VALUE GREATER
THAN $2 MILLION BE SUBJECT TO THE PRIOR APPROVAL BY THE MAYOR
AND CITY COMMISSION.(FACILITIES AND FLEET DEPARTMENT)
RECOMMENDATION
The City Administration ("Administration")recommends that the Mayor and City Commission
("City Commission")approve the Resolution.
This solicitation is under the cone of silence.
BACKGROUND/HISTORY
Job Order Contracting ("JOC")is a project delivery method utilized by many public organizations
to expedite construction projects through competitively bid,fixed price,multi-year contracts.JOC
contracts are based on a construction task catalog,which includes unit pricing for over 300,000
tasks potentially needed on a project,and an agreed-upon multiplier,which covers the
contractor's overhead,insurance,and profit.JOC has been used extensively for over 40 years by
federal,state,and local organizations.A white paper on the JOC process is attached hereto as
Attachment B.
One of the most important considerations in a JOC process is a comprehensive and accurate
construction task catalog ("CTC").To that end,the City has partnered with The Gordian Group,
the nation's leading provider of facility and construction cost data,software,and services for the
JOC process and all phases of the building lifecycle.The Gordian Group prepares a CTC that is
issued with the solicitation and is based on construction task pricing in the local area.The CTC
may be adjusted annually based on local market pricing fluctuations.
When a project is ready for construction,a contractor and the organization work together to
develop the task order for the construction phase of the project based on the CTC tasks needed
for the project.The multiplier,which is preset in the contract,is applied to the sum of all CTC
tasks that will be required for the project.The multiplier includes the contractor's overhead,
insurance,and profit.The steps of the task order development phase are outlined below.
Step 1-Joint Scope Meeting:City and contractor review project and design details.
Page 34 of 1377
Step 2 --Price Proposal:Contractor prepares a detailed price proposal by selecting the tasks in
the ere needed for the project.The contract multiplier is applied to the sum of all CTC tasks.
Step 3-Price Proposal Review:City reviews price proposal to ensure that the correct CTC tasks,
quantities,and multiplier have been applied.
Step 4-Task Order Approval:Task orders with a value of up to $2 million will be approved by
the City Manager or designee.Task orders with.a value greater than $2 million to be subject to
prior approval by the Mayor and City Commission.
Step 5 --The contractor provides the bonds (if applica ble)and the work may commence.
Through JOC,projects can move from design to construction in a matter of weeks,not months
as is typical when a separate procurement must be processed for each project.The ability to
quickly assign co mpetitively selected contractors to time-sensitive projects,including projects for
maintenance or repairs and projects funded through general obligation bonds,is critical to
expediting the City's capital program and maintenance needs.
On October 16,2019,the Mayor and City Commission approved the City Manager's
recommendation to award contracts to 18 contractors pursuant to 1TB 2019-257-KB for job order
co ntracting services-various trades.The Agreements are presently scheduled to expire in
November 2024.As a result,the Administration prepared Request for Qualifications ("RFQ")
2024-303-WG for Job Order Contracting ("JOC")for roofing or electrical construction projects
seeking proposals for a replacement contract.
ANALYSIS
On April 3,2024,the Mayor and City Commission approved the issuance of RFQ NO.2024-303-
WG for Job Order Contracting for roofing or electrical construction projects.On April 5,2024,the
RFQ was issued.A voluntary pre-proposal meeting was held on April 18,2024.Sixty-six (66)
prospective bidders acc essed the solicitation.RFQ responses were due and received on May 23,
2024.The City received proposals from the following contractors in each category:
Roofing
A&J Roofing Corp.
A-1 Property Services Group,Inc.
Advanced Roofing,Inc.
Electrical
AGC Electric,Inc.
Edd Helms Electric,LLC
R&D Electric,Inc.
South Florida Electrical Consultant,Inc.
On June 5,2024,the Interim City Manager appointed the Evaluation Committee via LTC #228-
2024.The Evaluation Committee (the "Committee")convened on·July 8,2024,to consider the
proposals received.The Committee was comprised of Martin Calcano,Facilities Capital Projects
Coordinator,Facilities and Fleet Management Department,Elizabeth Estevez,Parks Capital
Projects Manager,Parks and Recreation Department,Herm an Fung,Project Manager,Office of
Capital Improvement Projects,Pablo Gomez,Senior Capital Projects Coordinator,Office of
Housing and Community Services and Rodney Perez,Project Manager,Miami Beach Police
Department.
The Committee was provided with an overview of the project and information relative to the City's
Cone of Silence Ordinance and the Government Sunshine Law.The Committee was also
provided with general information on the scope of services and a copy of each proposal.The
Committee was instructed to score and rank each proposal pursuant to the evaluation criteria
Page 35 of 1377
established in the RFQ.The evaluation process resulted in the ranking of proposers as indicated
in Attachment C and below.
Roofing
1st ranked -A&J Roofing Corp.
2nd ranked -Advanced Roofing,Inc.
3rd ranked -A-1 Property Services Group,Inc.
Electrical
1st ranked -South Florida Electrical Consultant,Inc.
2nd ranked -AGC Electric,Inc.
3rd ranked -R&D Electric,Inc.
4th ranked -Edd Helms Electric,LLC
The current agreement for JOC services has multiple contractors awarded for each category of
work.During the term of the current agreement,the task orders have been issued for
approximately 24 projects,with an average project cost of approximately $309,000,totaling
approximately $7.4 million.Accordingly,based on prior usage of the services and the projected
volume of work for which the JOC services would be required,staff recommends awarding to the
following top-ranked contractors in each category.A summary of each firm is available upon
request.
Roofing
1st ranked -AJ Roofing Corp
2nd ranked -Advanced Roofing,Inc.
3rd ranked -A-1 Property Services Group,Inc.
Electrical
1st ranked -South Florida Electrical Consultant,Inc.
2nd ranked -AGC Electric,Inc.
3rd ranked -R&D Electric,Inc.
4th ranked -Edd Helms Electric,LLC
The Administration will typically select a contractor for a project on a rotational basis to maintain
equity among the awarded contractors.For unique projects requiring a specific competency,the
requesting department may review contractor qualifications and recommend a specific contractor
based on unique skills or experience.
The JOC program will continue to provide a resource to expedite smaller,critical needs and
General Obligation ("GO")Bond projects through competitively selected contractors that can be
quickly deployed.After considering the submissions,the Evaluation Committee process,the lists
of capital projects and GO Bond projects for which the JOG program is appropriate,it is
recommended that the Administration be authorized to negotiate with following contractors in
each category of work in order to establish a pool of prequalified JOC contractors for expediting
future work.
Roofing
A&J Roofing Corp.
Advanced Roofing,Inc.
A-1 Property Services Group,Inc.
Electrical
South Florida Electrical Consultant,Inc.
AGC Electric,Inc.
R&D Electric,Inc.
Page 36 of 1377
Edd Helms Electric,LLC
Upon approval of this item,staff will negotiate with the recommended firms to establish the terms
and conditions and the multiplier (i.e.,overhead,insurance,and profit)that will be applied to the
sum of all CTC tasks as a percent.
As has been stated,the JOC program provides a competitively awarded process for expediting
many projects as the contractors are preselected and can be quickly assigned a project without
the need to issue a competitive solicitation every time a project is identified.
For the contract that may result from this RFQ,the Administration anticipates that many of the
capital renewal and replacement or priority projects will continue to be expedited through the JOC
program.JOC was also helpful in completing a number of quick-win projects from the 2018 GO
Bond.In addition,JOC is anticipated to be utilized on smaller projects (less than $2 million)that
will need to be expedited as part of the GO Bond for Arts and Culture,including portions or
repair/replacement projects at the Bass Museum,Miami City Ballet,The Colony Theater,the
Miami Beach Botanical Garden,Art Deco Welcome Center,the North Beach Oceanfront Center
(UNIDAD),and others.Any project with a value greater than $2 million will require approval of the
Mayor and City Commission.
FISCAL IMPACT STATEMENT
The Administration will enter into negotiations with the selected contractors to include but not be
limited to applicable contract provisions and the adjustment factors that will be applicable to each
category of work.The City may equalize the adjustment factor amongst all contractors for similar
categories.Notwithstanding the preceding,the City is in no way obligated to enter into a contract
with the selected Proposer(s)in the event the parties are unable to negotiate a contract.
During the term of the current agreement,the City has project task orders totaling approximately
$7.4 million dollars,with an average project size of $309,000.However,the City anticipates that
the volume of work pursuant to the JOC program will increase due to recent bond programs
approved and as more projects require expediting,including resiliency projects.
It is anticipated that the majority of projects issued under this RFQ will be valued below $2 million.
Projects above $2 million will require prior approval by the Mayor and City Commission.Any task
order for a project with a value of up to $2 million will continue to be included in the Procurement
Report LTC issued monthly.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Page 37 of 1377
For the reasons stated herein,it is recommended that the Mayor and City Commission approve
the Resolution authorizing the Administration to establish a pool of prequalified contractors,as
set forth in Attachment A for the categories of roofing,and electrical construction;and further
authorizing the City Manager and City Clerk to execute agreements with each of the foregoing
proposers upon conclusion of successful negotiations providing that any task order for a specific
project which is greater than $2 million be subject to prior approval by the Mayor and City
Commission.Any task order for a project with a value of up to $2 million will continue to be
reported to the City Commission monthly.
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
No
Is this item related to a G.O.Bond
Project?
No
W as this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
Procurement
Sponsor(s)
Co-sponsor(s)
Condensed Title
Award RFQ 2024-303-WG,Job Order Contracting (JOC)for Roofing/Electrical Construction
Projects.FF/PR
Page 38 of 1377
ATTACHMENT A
Request for Qualifications (RFQ)No.2024-303-WG
Job Order Contracting ("JOC")for Roofing or Electrical Construction Projects
Roofing Construction
A&J Roofing Corp.
Advanced Roofing,Inc.
A-1 Property Services Group,Inc.
Electrical Construction
South Florida Electrical Consultant,Inc.
AGC Electric,Inc.
R&D Electric,Inc.
Edd Helms Electric,LLC
Page 39 of 1377
RSMeans Business Solutions
Methods and Techniques of ]QC Implementation
Presented by RSMeans Business Solutions
Robert Gair,Principal
Execu ti ve S umm a ry
Job Order Contracting (JOC),is a general contracting method for the delivery of maintenance,upgrade and
refurbishment services for buildngs.JOC greatly reduces the amount of estimating and bidding activities
needed to precede the work,allows for quicker delivery,and helps foster long-term relationships between
the client and the general contractor which are based on the quality delivery of services.
JOC is philosophically similar to the design-build methodology that is used for "ground up"(e.g.,new
buildings)facility construction.Construction professionals who are familiar with design-build should be
comfortable with the use of JOC.JOC was developed in the early eighties by the U.S.Department of Defense
to expedite the routine repair and maintenance of worldwide military facilities in order to decrease the
inherent inefficiencies in traditional design-bid-build practices when applied to a large volume of small
projects.
From the experiences of those who have implemented it,the key to the successful application of JOC is to
understand the fundamental methodology and its strengths and limitations.JOC is most successful when
applied to the general contracting situations for which it was designed a large number of repair,
refurbishment and upgrade projects performed by a single contractor,or limited number of general
contractors,under a fixed-price bid.The contractors are constantly evaluated on the quality of the work
delivered.However,for either end of the contracting spectrum,ground up (new)or specialty (craft)
contracting,JOC is not an optimal solution.
Since JOC revolves around the use of a mutually accepted Unit Price Book (UPB)and estimating techniques,
accurate and timely location construction data is critical.To this end,it is fundamental to the success of JOC
that both parties understand the components of the JOC line-item estimates,and the workup of JOC
estimates for any given scope of work.
In this RSMeans Technical White Paper,we present a discussion of the findings of our interviews with construction
executives who use ]OC across a range of settings fr om the general contractor's perspective,as well as that of the
client,to private and public construction markets.Our discussions have shown that construction innovators on both
sides of the table (client and contractor alike)are expanding the application of JOC s uccessfully modifying the
original methodology to suit their needs,which are always centered around the quality delivery of a large number of
simultaneous repair,refurbish and upgrade projects.Benefits in terms of quicker scheduling and completion,better
quality work,better value over traditional design-bid-build methods,and higher end-user satisfaction are commonplace.
Page 40 of 1377
Methods and Techniques of JOC Implementation-~--------------------
JOC Utilization Among Various Industries
In the school and municipal sectors,there appears to be growing adoption of the JOC methodology.
The critical factor always seems to be the amount of experience and familiarity with JOC procedures.
In some cases,state legislation can pose obstacles (having been written in an era of multiple bid,lowest
price contracting,and without the awareness of the single-award,multiple-project nature of JOC),but in
many states,the legislation is simply silent on the issue.Certain states (most notably,Texas,Arizona and
Washington,to name a few)have embraced JOC as a contracting tool for state contracts.In certain cases,
facilities engineering and construction managers who are ex-military have been hired and can bring
the JOC methodologies into the organization.
Another issue that is driving the adoption of JOC is reduced budgets.The budgets require owners to obtain
more value for the construction dollar,and often,owners attempt to utilize in-house maintenance staffs for
repair,renovation and refurbishment projects.In-house staffs may not be well-suited for these projects,and
other maintenance duties are detracted from.All of these factors together tend to push organizations toward
the adoption of JOC.
The JOC approach dramatically cuts engineering,design,and contract procurement time by awarding long-term
contracts for a wide variety of renovation,repair and minor construction jobs.JOCs typically are awarded with
durations of 3 to 6 years.Annal volumes on specific [OCs can range from 1 million to $100 million.Typical average
values are in the range of $50,000 to $5,000,000.The method of pricing under the terms of a JOC contract is a Unit
Price Book (UPB)which has 40,000 to 60,000 line items organized in the Construction Specifications Institute's CSI
Divisions.
JOCs are usually awarded on the basis of a combination of the contractor's technical/management proposal
and coefficient,with strong consideration given to the contractor's past performance on similar work.Many
JOCs are awarded to contractors who do not submit the lowest coefficient,but rather have a superior
technical/management proposal and demonstrate strong past performance.Using contract coefficients and
the RSMeans UPB minimizes the potential for differences of opinion between the owner and contractor over
pricing of the individual delivery orders.The owner's review of the contractor's proposal usually focuses on
three basic issues:
•Is the line item selected appropriate for the scope of the work?
•Does the line item in the proposal reflect the correct quantity of work involved?
•Is the proposal within the owner's budget?
Current JOC Practices
The implementation of JOC has expanded beyond its original methodology,and diverse practices that
enhance the benefits of JOC (e.g.,substantial reductions in project bid-to-completion time,better value
for the construction dollar,better contractor/client relationships,and high levels of end-user satisfaction with
construction services for the owner)are noted.
Size of Contractor Orientation Toward JOC and Owner View
Several construction services clients observed that JOC seems to be favored by medium-sized contractors (ranging from
$20 million to $50 million in annual billings)who would typically have about 20%to 25%of their annual revenue in JOC
awards.The contractors use this relatively predictable work to smooth out cash flow during the year.
The contractor has to be of sufficient size and have a field supervisor on site,sometimes as a
"working"supervisor.Typically,this would bc a contracting fa with at least four or five fleld supervisors on staff.
Conversely,this tends to limit the participation of the larger contractors,whom,the client respondents believe,tend not
to assign the proper level of field supervision to the JOC contracts since they expect their field supervisors to oversee a
larger size and scope of work for each project.
Page 41 of 1377
Methods and Techniques of [OC Implementation
Advantages of JOC Contracting
Successful implementation of [OC is dependent on knowledge,by both the contractor and the client,of the
strengths and limitations of JOC and a keen understanding of the common language of estimating as expressed
in the Unit Price Book the key document that provides the mutually accepted basis for the JOC awards.The
benefits of a well-administrated JOC program (involving both experienced clients and contractors)are well
documented:increased construction dollar value,steady and profitable work for qualified contractors,and
satisfied clients and end users.The procurement and contract process for each delivery order is greatly
simplified because the owner does not need a complete engineering and design package and does not have to
spend the time and money to advertise for public bids for each project.Also,the work is generally started
more quickly.Few construction methodologies can match this memu of benefits for all parties involved.
The owner has the benefit of using a contractor who is well qualified.Usually the contractor is
required to submit a technical/management proposal that is evaluated to confirm capability and past
performance.References on similar contracts are also carefully checked.These two factors,combined
with the price proposal,are usually the basis for award of a JOC.In this way,long-term partnering
relationships are fostered.Emergency and urgent projects can also be responsively accomplished.
For facilities that have strict security requirements,the contractor will have a staff with security
clearances that can perform the work without delay.JOC contracting is an effective means for
government and institutional owners to accomplish construction work on existing facilities.When
properly managed by both the owner and contractor,JOC provides responsive work at a fair price.
JOC Services from RSMeans Business Solutions
•On-site consultation for JOC "best practices"and contracting methods
•RSMeans JOC Unit Price Book for associated JOC Costs and demolition lines
•JOCWorks software for producing detailed cost estimates and project management tasks
•Training on cost estimating and development of the JOC coefficient
Reed Construction Data/RSMeans •63 Smiths Lane •Kingston,MA 02364 •781-422-5101
RSMeans
Page 42 of 1377
{Reed construction Data.
ATTACHMENT C
RFQ 2024-343/G Jb Ordr ,.........z ££r el o 1gContracting{"JOC')tarRoofing Hartin Calcano Elizabeth Est evez Hema n Fung Pablo Gomez 5l Rodney Perez C52:i zConstucioriPr,ects r::r::C fl aawaweTai@i@l Gia i ggregale za0
i @ ali k e [Qi aniia ireT-Sub ia YGGaiGile [caniiii suitial Totals e~Qualitative Qu antitativ e Subtotal l Galitatlie Quantitathe [Subtotal
A&J Rcoli.a Caro 100 0 100 1 89 0 I 89 2 91 0 91 1 98 0 I 98 1 89 0 89 2 7 1
Advanced Rooin a,h:99 0 99 2 96 0 I 96 1 95 0 95 3 95 0 i 95 2 94 0 94 1 9 ,2
A-1 Prety Senvies Grout.Inc 95 0 95 3 84 0 I 84 3 96 0 96 2 84 0 I 84 3 84 0 84 31-14 3
·+'Y Quantitative Polnts..Total..
Proposer Veteran's Quantitative
Points (Cast+
Veteran's)
A &JR0ofi Cor 5 0
4-1 Prope rty Senios s Gour.hnc 5 0
Advanced Roofin g,Inc 5 0
-»ge .f 44,y
ATTACHMENT C
.-··..«t «»,a
RFQ 2024-303-WG Job Order
Heman Fung ,,"I
Contracting ('0C)ir Electrical Martin Calcano g Elzabe h Estevez 0 g Pablo Gomez g Rodney Pere z ai Low OC:c •C:Construction Projeds 2 'z 5 2 52l ·"Aggregate zC:C:C:c C:'C:m 0 'm .,I'%0::"a:H:
0 anttaliv e
0::.•0::'a]Totals
Qualitative Quanltalive Subtotal Qualitalive Quantitative Subtotal Qualitative Subtotal Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal t
South Florida Electrical Co 1sultan1.•aInc.95 0 95 1 91 0 91 2 99 0 99 1 98 0 98 1 95 0 95 1.,'6 1
AGC Electric Inc 95 0 95 4 98 0 98 1 97 0 97 2 94 0 94 3 94 0 94 2f-:9 2
R &D Electric,Inc.90 0 90 3 89 0 89 3 85 0 85 4 95 0 95 2 86 0 86 3 15 3
Edd Helms Electric LLC 80 0 80 4 81 0 81 4 87 0 87 3 91 0 91 4 80 0 80 41...19 4
Quantitative Pinls
Total
Proposer Veteran's Quanialive
Points (Cost+
Veteran's)
AGC Electric,Inc 5 0
Ed&d Helms Electric LLC 5 0
R &D Electric,Inc.5 0
South Florida Electrical Consultant,
Inc.5 0
-t a t 4erg
ATTACHMENT A
CITY OF MIAMI BEACH TERMS &CONDITIONS
MIAMI BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
1.GENERA L DISCLAIMERS.
a.The solicitation referenced herein is being furnished to the Bidders by the City of Miami Beach (the "City")for the Bidder's
convenie nce .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 m a king any aw ard,or in failing or refusing to m a ke any award pursuant to such bid,or in cancelling awards,or in
w ithd raw in g or can ce lli ng this so licitatio n ,eithe r 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 ap p licab le ,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 perform ance 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.A C C E P T A N C E O F GIFTS,FAVORS,SERVICES.Bidders shall not offer any gratuities,favors,or anything of monetary value
to any ottical,employee,or agent ot the City,tor the purpose of influencing consideration of this Bid.Pursuant to Sec.2-449 ot
the City Code,no officer or employee of the City shall accept any gift,favor 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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MIAMI BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(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.CANCELLATION.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.COMPLIANCE WITH THE CITY 'S LOBBYIST LAWS.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.DEFAULT.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.DEMONSTRA TION OF COMPETENCY.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.DISPUTES.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.ELIMINATION FROM CONSIDERA TION.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.EMERGENCY RESPONSE PRIORITY.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.ESTIMATED QUANTITI ES.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 determ ining whether the low Bidders meets
specifications.
12.ENVIRONMENTAL REGULATIONS.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 time of performance of any contract awarded to it.
13.EXCEPTIONS TO SOLICITATION.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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MIAMI BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
delineated,in writing,in the bid submittal.The City,at its sole and absolute discretion,may accept or reject any or all exceptions
and alternatives.In cases in which exceptions and alternatives are rejected,the City shall require the Bidders to comply with the
particular term and/or condition of the solicitation to which Bidders took exception to (as said term and/or condition was originally
set forth in the solicitation and any exhibits or Addenda thereto).
14.FLORIDA PUBLIC RECORDS LAW.Bidders are hereby notified that all bids including,without limitation,any and all information
and documentation submitted therewith,are exempt from public records requirements under Section 119.07(1),Florida Statutes,
and s.24(a),Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30)
days after opening of the bids,whichever is earlier.Additionally,Bidders agrees to be in full compliance with Florida Statute
119.0701 including,but not limited to,agreement to (a)Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the goods;(b)provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law;(d)Meet all requirements for retaining
public records and transfer,at no cost,to the public agency all public records in possession of the Bidders upon termination of
the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
15.JOINT VENTURES/SINGLE PURPOSE ENTITY.Joint Ventures are not allowed.bid shall be submitted only by the prime
contractor.Bidders may,however,identify sub-contractors or sub-consultants to the prime Bidders who may serve as team
members.
16.FORCE MAJEURE.
a.A "Force Majeure"event is an event that (i)in fact causes a delay in the performance of the Contractor or the City's
obligations under the Agreement,and (ii)is beyond the reasonable control of such party unable to perform the obligation,
and (iii)is not due to an intentional act,error,omission,or negligence of such party,and (iv)could not have reasonably
been foreseen and prepared for by such party at any time prior to the occurrence of the event.Subject to the foregoing
criteria,Force Majeure may include events such as war,civil insurrection,riot,fires,epidemics,pandemics,terrorism,
sabotage,explosions,embargo restrictions,quarantine restrictions,transportation accidents,strikes,strong hurricanes or
tornadoes,earthquakes,or other acts of God which prevent performance.Force Majeure shall not include technological
impossibility,inclement weather,or failure to secure any of the required perm its pursuant to the Agreement.
b.If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be
Force Majeure,such party shall immediately,upon learning of the occurrence of the event or of the commencement of any
such delay,but in any case within fifteen (15)business days thereof,provide notice:(i)of the occurrence of event of Force
Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated impact on the Agreement,(iv)of the
anticipated period of the delay,and (v)of what course of action such party plans to take in order to mitigate the detrimental
effects of the event.The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent
to allowance of any relief pursuant to this section;however,receipt of such notice shall not constitute acceptance that the
event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force
Majeure event shall be on the requesting party.
c.The City may,through its City manager,in its sole and absolute discretion,make amendment or equitable adjustment in
the contract terms and conditions and/or pricing to address very limited unforeseen circumstances outside of the successful
Bidder's control relating to certain supply chain issues and extreme market volatility.The City may,through its City Manager,
but shall have no obligation to consider or otherwise approve an adjustment,where pricing or availability of supply is affected
by extreme or unforeseen volatility in the marketplace satisfying,at a minimum,all of the following criteria:1)the volatility
is due to causes wholly beyond the successful Bidder's control;2)the volatility affects the entire marketplace 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 performance of the Contract would result in an excessive
or unreasonable substantial loss or financial hardship to the Bidders,such as,for example,an event implicating insolvency
or bankruptcy.Any adjustment would require irrefutable evidence and written approval by the Chief Procurement Officer.
For the avoidance of doubt,this section does not in any way alter or affect the allocation of risk between the City and the
Bidders pursuant to the Contract,or Bidder's assumption of all risks relating to its performance in accordance with the
Contract terms.
d.No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party
is rendered unable,in whole or in part,by Force Majeure to carry out such obligations.The suspension of any of the
obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is
required.The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such
obligatlons are not attected or are only partially attected by the Force Mayeure event,and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the
direct result of the Force Majeure event with all reasonable dispatch.
Page 3 of 7 I Formal Solicitations Terms and Conditions -Goods and Services (October 27,2022)
MIAMI BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
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.INDEMNIFICATION.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 harm less 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.INSPECTION,ACCEPTANCE &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.INSPECTOR GENERAL AUDIT RIGHTS.
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 corru ption.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 corru ption.
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 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.
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FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(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.LA WS,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,INSURA NCE,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,perm it,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/W ITHDRA WALS 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 CONTRA CT CONDITIONS.Items may be tested for compliance with specifications.Items
delivered,not conform ing 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 it 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 Cily reserves lhe tiyhl lo purchase any guuds or services awarded from any other governmental
or cooperative 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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FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
Health Act of 1970,as am ended,and the failure to com ply w ith this condition will be deem ed breach of contract.Any 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 fa m iliar with,and com ply with,all Federal,State,County ,and City law s,
ord inances,codes,ru les 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 project contem plated by this solici tation (including,without lim itation,the
A m ericans w ith D isabilities Act,Title VII of the Civil R ights Act,the EEO C Unifo rm G uidelines,and all EEO regulations and
guidelines).Ignorance of the law (s)on the part of the Bidders will in no way relieve it from responsibility fo r com pliance.
30.OPTIONAL CONTRACT USAGE.W hen the successful Bidders agrees,other units of govern m ent or non-profit agencies may
participate 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 arr ants 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
fa ilure to com ply w ith this condition w ill be deem ed breach of contract.Any fines levied because of inadequacies to com ply w ith
this condition shall be born e solely by the Bidders.
32.OTHER TERMS AND CONDITIONS.A ny order pursuant 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 City .
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
speci fications,free of dam age or defect,and are pro perly 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 articl e m anufactured or used in the perform ance of the contract,
including its use by the City of M iam i Beach,Florida.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 royalties or cost
arising fro m 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 specified in the bidding
specifica tions.In case of discrepancy in com puting the am ount of the bid,the UN IT PRICE quoted w ill govern .All prices must
be F.O .B .destination,freight prepaid (unless otherw ise stated in Special Conditions).The Bidders m ay offer cash discounts for
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 term s in the space pro vided on the Bid subm ittal signature page of the solicitation.
Aw ard,if m ade,will 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.Any pro test concern ing the specifications or aw ard of this solicitation shall be in accordance w ith City Code Section
2-371.Pro tests not subm itted in a tim ely m anner purs uant to the requirem ents of City Code Section 2-371 shall be barred.
37.PUBLIC ENTITY CRIME.A person or affi liate w ho has been placed on the convicted vendor list fo llowing a conviction for 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 work ,m ay not subm it a bid on leases of real pro perty 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.A ny and all Spec ial Conditions that m ay vary from these G enera l Term s and Conditions shall have
precedence.
40.TAXES.The C ity of M iam i Beach is exem pt from all Federal Exci se 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 with 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 perform ed by giving written notice to
the Bidders of such term ination,w hich shall becom e effective upon receipt by the Bidders of the written 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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M IAM I BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
the default.
Notw ithstanding the above,the successful Bidders shall not be relieved of liability to the City fo r dam ages sustained by the City
by virtue of any breach of the contract by the Bidders ,and the City m ay reasonably w ithhold paym ents to the successful Bidders
fo r the purp oses of set off until such tim e as the exact am ount of dam ages due the C ity from the successful Bidders is determ ined.
T he C ity m ay,at its discretion,provide reasonable "cure period"fo r any contractual violation prior to term ination of the contract;
should the successful Bidders fa il to take the corrective action specified in the City 's notice of defa ult w ithin the allotted cure
period,then the C ity m ay pro ceed to term inate the contract fo r cause in accordance with this subsection 1.57.
42.T ER M IN A TIO N FO R C O N V EN IEN C E O F C ITY .The City m ay,fo r its convenience,term inate the work and/or serv ices then
rem aining to be perform ed,at any tim e,by giving w ritten notice to the successful Bidders of such term ination,which shall become
effective thirty (30)days fo llow ing receipt by Bidders of such notice.In that event,all finished or unfinished docum ents and other
m aterials shall be pro perly delivered to the City.If the contract is term inated by the City as pro vided in this subsection,the City
shall com pensate the successful Bidders in accordance w ith the term s of the contract fo r all and without cause and/or any
resulting liability to the City,w ork and/or serv ices actually perform ed by the successful Bidders ,and shall also com pensate the
Bidders fo r its reasonable direct costs in assem bling and delivering to C ity all docum ents.No com pensation shall be due to the
successful Bidders for any profit s that the successful Bidders expected to earn on the balanced of the contract.Such payments
shall be the total extent of the City '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,preference will be given to Bidders
certify ing that they have im plem ented a drug free w ork place pro gra m .A certification fo rm will be required.In the event of a
continued tie betw een tw o or m ore Bidders after consideration of the dru g free work place program ,the City's Local Prefe rence
and Veteran Preference ordinances w ill dictate the m anner by which a tie is to be resolved.In the event of a continued tie after
the Local and Veteran Preference ordinances have been applied or the tie exists betw een Bidders that are not Local or Veteran,
the breaking of the tie shall be at the City M anager's discretion,which will m ake a recom m endation fo r aw ard to the City
C om m ission.
44.V EN U E.Any legal challenges to this Solici tation shall be bro ught in M iam i-D ade C ounty ,Florida,and if legal action is necessary ,
excl usive venue fo r the enforcem ent of sam e shall lie in M iam i-D ade County ,Florida.The Bidder and the City expressly waive
any rights 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 SIO N .The C ity ,thro ugh its City M anager,reserv es the right to require the Contractor to extend contract
past the stated term ination date fo r a period of up to 120 days in the event that a subsequent contract has not yet been awarded.
Additional ext ensions past the 120 days m ay occur as needed by the City and as m utually agreed upon by the City and the
contractor.
46.A M E R IC A N S W IT H D IS A B ILITIES A C T (A DA ).Call 305-673-7490 to request m aterial in accessible fo rm at;sign language
interp reters (five (5)days in advance w hen possible),or info rm ation on access fo r pers ons w ith disabilities.For more info rmation
on A D A com pliance,please call the Public W ork s Departm ent,at 305-673-7000,Extension 2984 .
47.TR U TH IN N EG O TIA TIO N CER TIFIC 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 egotiation certificate certify ing that the w age rates and costs used to determ ine the com pensation pro vided for in the contract
are accurate,com plete,and curr ent as of the date of the contract.The original contract price and any additions thereto shall be
adjusted to excl ude any significant sum s by w hich the City determ ines the contract price was increased due to inaccurate,
incom plete,or noncurr ent w age rates and other fa ctual unit costs.All such contract adjustm ents shall be m ade within one (1)
year fo llow ing the end of the contract.
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MIAMI BEACH
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 lnspector/PWD 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 GIP
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 GIP
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
l ]General Conditions for Construction Contracts [/April 13,2020)
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,
2 I General Conditions for Construction Contracts (April 13,2020)
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 ot 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
3 I General Conditions for Construction Contracts (April 13,2020)
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 offeror who has the capability in all respects to perform fully the contract
requirements,and the integrity and reliability which will assure good faith performance,including,without
limitation,the factors identified in Section 2-369 of the City Code.
"Responsive Bidder"means a person or entity who has submitted a bid which conforms in all material
respects to a solicitation.A bid or proposal of a Responsive Bidder must be submitted on the required forms,
which contain all required information,signatures,notarizations,insurance,bonding,security,or other
mandated requirements by the bid documents to be submitted at the time of bid opening.
"Schedule of Values"means a written 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
4 I General Conditions for Construction Contracts (April 13,2020)
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.
5]General Conditions for Construction Contracts [April 13,2020)
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 CONTRACT DOCUMENTS.
2.1.Intention of City.It is the intent of City to describe in the Contract Documents a functionally
complete Project (or part thereon 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.
6[General Conditions for Construclion Contracts [/April 13,2020)
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 Construction of the Work.The followlng 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
7 I General Conditions for Construction Contracts (April 13,2020)
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 bctwccn thc 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
8]General Conditions for Construction Contracts {April 13,2020)
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
9]General Conditions for Construction Contracts {April 13,2020)
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.
10]Ge neral Conditions for Construction Contracts {April 13,2020)
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.
l I I General Conditions for Construction Contracts (April 13,2020)
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.
12 I General Conditions for Construction Controcts (April 13,2020)
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 CONTRACTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT,IN ANY WAY,BE
CONSTRUED,INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF
CONTRACTOR'S OBLIGATIONS,A WAIVER OF CONTRA CTOR'S OBLIGATIONS AND/OR EXCUSE
ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS.THE
PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT
PRECLUDE THE CITY FROM DECLARING 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 CONTRACTOR'S OBLIGATIONS.INCLUDING,WITHOUT
LIMITATION,ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES,OR
OTHER MATTERS RELATED TO THE PROJECT.IN THE EVENT OF ANY CONFLICT BETWEEN THIS
SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT
DOCUMENTS,THIS SECTION SHALL GOVERN.
3.8.7.City's Information.Except for any tests or studies that the City provides as part of the ITB,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.CONTRA CT 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
lhe 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.
13]General Conditions for Construction Contracts April 13,2020)
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
l4[General Conditions for Construction Contracts (April 13,2020)
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 by the Contractor;
15 I General Conditions far Construction Contracts pnil 13,2020)
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),shall 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.
16]Generol Conditions for Construction Contracts (April 13,2020)
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]General Conditions for Construction Contracts [April 13,2020)
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 13,2020)
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 completeness and accuracy by the
Consultant ("Substantial Completion Punch List"),provided,however,that failure to include any items on
I9]General Conditions for Construction Contracts {April 13,2020)
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
2 0 ]Ge ne ra l C o nd itio n s fo r C o nstructio n C o ntra ct s [A p ril 13 ,2 0 2 0 )
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.
21 ]General Conditions for Construction Contracts (April 13,2020)
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.
2 2 ]Ge ne ra l C o n d itio ns fo r C o nstruc tio n C o ntra c ts A p ril 13 ,2 0 2 0 )
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 ]General Conditions for Construction Contracts (April 13,2020)
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]General Conditions for Construction Contracts [April 13,2020)
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]General Conditions for Construction Contracts [April 13,2070)
by Consultant,City shall have the authority to cause the defective work to be removed or corrected,or make
such repairs as may be necessary at Contractor's expense.Any expense incurred by City in making such
removals,corrections or repairs,shall be paid for out of any monies due or which may become due to
Contractor,or may be charged against the Performance Bond.In the event of failure of Contractor to make
all necessary repairs promptly and fully,City may declare Contractor in default.
7.7.3.If,within one (1)year after the date of Substantial Completion or such longer period of time as may
be prescribed by the terms of any applicable special warranty required by the Contract Documents,or by any
specific provision of the Contract Documents,any of the Work is found to be defective or not in accordance
with the Contract Documents,Contractor,after receipt of written notice from City,shall promptly correct such
defective or nonconforming Work within the time specified by City without cost to City,to do so.Nothing
contained herein shall be construed to establish a period of limitation with respect to any other obligation
which Contractor might have under the Contract Documents including but not limited to,Contractor's
warranty obligations hereof and any claim regarding latent defects.
7.7.4.Failure to reject any defective work or material shall not in any way prevent later rejection when such
defect is discovered,or obligate City to final acceptance.
7 .8.Cleaning Up:City's Right to Clean Up.Contractor shall at all times keep the premises free from
accumulation of waste materials or rubbish caused by its operations.At the completion of the Project,
Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools,
construction equipment,machinery and surplus materials.If Contractor fails to clean up during the
prosecution of the Work or at the completion of the Work,City may do so and the cost thereof shall be
charged to Contractor.If a dispute arises between Contractor and separate contractors as to their
responsibility for cleaning up,City may clean up and charge the cost thereof to the contractors responsible
therefore as Consultant shall determine to be just.
ARTICLE 8.SAFETY AND PROTECTION OF PROPERTY.
8.1.Contractor shall be solely responsible for initiating,maintaining and supervising all safety precautions
and programs in connection with the Project.Contractor shall take all necessary precautions for the safety
of,and shall provide the necessary protection to prevent damage,injury or loss to:
8.1.1.All employees on the work site and other persons who may be affected thereby;
8.1.2.All the work and all materials or equipment to be incorporated therein,whether in storage on or off
the Project Site;and
8.1.3.Other property at the Project Site or adjacent thereto,including trees,shrubs,lawns,walks,
pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the
course of construction.
8.2.Contractor shall comply with all Applicable Laws 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]General Conditions for Construction Contracts {April 13,2020)
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,it available,that the intormation was compiled and the name,address,and emergency
telephone number of the manufacturer responsible for preparing the information.
27]Ge neral Cond itions for Construction Contracts Ap ril 13,2020)
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 ten (10)days prior to the start of
construction to arrange for positive underground location,relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.Relocation of water mains or other
28]General Conditions for Construction Contracts [April 13,2020)
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,INSURANCE 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 [G eneral Conditions for Construction Contra cts [April 13,2020)
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 13,2020)
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 111
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.
lf any coverage required is wntten on a clams-made form:
a.The retroactive date must be shown,and must be before the date of the contract or the
31]Ge neral Conditions for Construction Contracts (April 13,2020)
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 ]General Conditions for Construction Contracts [April 13,2020)
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.
33 I General Conditions for Construction Contracts (April 13,20201
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.
34 I General Conditions for Construction Contracts {April 13,2020)
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
ot:
35 I General Conditions for Construction Contracts !April 13,2020)
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]General Conditions for Construction Contracts April 13,2020)
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
37]General Conditions for Construction Contracts [April 13,2020)
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;
38 ]General Conditions for Construction Contracts [/April 13,2020)
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 CLA IM,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.
39]General Conditions for Construction Contracts [April 13,2070)
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
40 I General Conditions for Construction Contracts (April 13,2020)
be compensated for (x)interim delays which do not extend the Contract Time,or (y)for Excusable Delay if
caused jointly or concurrently by Contractor or its subcontractors,suppliers or vendors and by the City or
Consultant,in which case then Contractor shall be entitled only to a time extension and no further
compensation for the Excusable Delay.
10.10.3.Unexcusable Delays."Unexcusable Delay"shall mean any delays not included within the
definition of Excusable Delay as set forth above including any delay which extends the completion of the
Work or portion of the Work beyond the time specified in the Project Schedule,including,without limitation,
the date for Substantial Completion or Final Completion,and which is caused by the act,fault,inaction or
omission of the Contractor or any Subcontractor,Supplier or other party for whom the Contractor is
responsible;any delay that could have been limited or avoided by Contractor's timely notice to the City of
such delay;or any delay in obtaining licenses,permits or inspections caused by the actions or omissions of
the Contractor or its Subcontractors,Suppliers or any other party for whom the Contractor is responsible An
Unexcusable Delay shall not be cause for granting an extension of time to complete any Work or any
compensation whatsoever,and shall subject the Contractor to damages in accordance with the Contract
Documents.In no event shall the Contractor be excused for interim delays which do not extend the Project
Schedule,including the date for Substantial Completion or Final Completion.
10.11.Prerequisites and Notice Requirements for Extensions of Time.Except as provided in the
Contract Documents with respect to Changes in the Work,an extension of the Contract Time will only be
granted by the City under the following circumstances:(a)if a delay occurs as a result of an Excusable Delay,
and (b)the Contractor has complied with each of the following requirements below to the reasonable
satisfaction of the City:
a.Contractor shall provide written notice to the City of any event of delay or potential delay within
five (5)days of the commencement of the event giving rise to the request.The Contractor,within ten (10)
days of the date upon which the Contractor has knowledge of the delay,shall notify the City,in writing,of the
cause of the delay stating the approximate number of days the Contractor expects to be delayed,and must
make a request for an extension of time,if applicable,to the City,in writing,within ten (10)days after the
cessation of the event causing the delay specifying the number of days the Contractor believes that its
activities were in fact delayed by the cause(s)described in its initial notice.
b.The Contractor must show to the reasonable satisfaction of the City that the activity claimed to
have been delayed was in fact delayed by the stated cause of delay,that the critical path of the Work was
materially affected by the delay,that the delay in such activity was not concurrent with any Unexcusable
Delay,the delay was not the result of the performance of unit price Work,and that the delay in such activity
will result in a delay of the date for Substantial Completion in the Project Schedule or Final Completion.
c.The initial notice provided by the Contractor under Subsection (a)above shall provide an
estimated number of days the Contractor believes it will be delayed,and describe the efforts of the Contractor
that have been or are going to be undertaken to overcome or remove the Excusable Delay and to minimize
the potential adverse effect on the cost and time for performance of the Work resulting from such Excusable
Delay.The mere written notice of an event of delay or potential delay,without all of the aforementioned
required information,is insufficient and will not toll the time period in which the Contractor must provide proper
written notice under this Article.
CONTRACTOR'S STRICT COMPLIANCE WITH THIS ARTICLE 10 15 A CONDITION PRECEDENT TO
RECEIPT OF AN EXTENSION OF THE CONTRACT TIME.FAILURE OF THE CONTRACTOR TO
4\]Ge neral Conditions for Construction Contracts (April 13,2020)
COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY,INCLUDING THE
REQUIREMENTS OF THIS SECTION,SHALL BE DEEMED CONCLUSIVELY TO CONSTITUTE A
WAIVER,ABANDONMENT OR RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF
TIME AND ALL CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY.Once
the Parties have mutually agreed as to the adjustment in the Contract Time due to an Excusable Delay,they
shall enter into a Change Order documenting the same.
If the City and Contractor cannot resolve a request for time extension made properly and timely under this
Section within sixty (60)days following 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
42 I Ge ne ral Conditions for Construction Contracts (April 13,2020)
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.CLAIMS 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 business opportunities,loss of productivity on this or any other
project,loss of interest income on funds not paid,inefficiencies,costs to prepare a bid,cost to prepare a
quote for a change in the Work,costs to prepare,negotiate or prosecute Claims,and loss of projects not bid
43 I General Conditions for Construction Contracts (April 13,2020)
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;
44[General Conditions for Construction Contracts [April 13,2020)
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-
45]General Conditions for Construction Contracts April 13,2020)
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:
46[General Conditions for Construction Contracts {April 13,2020)
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.
47]General Conditions for Construction Contracts (April 13,2020)
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 Cily payrnenl 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
48 ]General Conditions for Construction Contracts [April 13,2020)
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.
49]General Conditions for Construction Contracts {April 13,2020)
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 be paid by the Contractor as specified by
City Guidelines.
50 I General Conditions for Construction Contracts !April 13,2020)
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.
14.1 O.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)
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 GENERAL 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,
Cily slaff 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 Conditions for Construction Contracts !April 13,2020)
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 I General Conditions for Construction Contracts (April 13,2020)
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions
contained elsewhere in the Contract.
A.BREACHES AND DISPUTE RESOLUTION.For all purchases in excess of the simplified acquisition threshold,
currently $150,000,the following provisions shall apply:
(1)Disputes and Remedies -Disputes arising in the performance of this Contract which are not resolved by the
Contractor and the City's project manager or contractor manager,shall be referred,in writing,to the
authorized representative of the City Mayor for a decision.If there is a disagreement among the parties
regarding the decision of the City Mayor's representative,then either party may submit any claim,
counterclaim,dispute and other matters in question between the City and the Contractor arising out of or
relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach.
(2)Performance During Dispute -Unless otherwise directed by the City,Contractor shall continue performance
under this Contract while matters in dispute are being resolved.
(3)Claims for Damages -Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees,agents or others for whose acts he is
legally liable,a claim for damages therefore shall be made in writing to such other party within a reasonable
time after the first observance of such injury of damage.
B.TERMINATION FOR CONVENIENCE
The City,at its sole discretion,reserves the right to terminate this Contract without cause upon thirty (30)days
written notice.Upon receipt of such notice,the Contractor shall not incur any additional costs under this Contract.
The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination.The City
shall be the sole judge of "reasonable costs."
C.DEFAULT;REMEDIES;TERMINATION FOR CAUSE
The City reserves the right to terminate this Contract,in part or in whole,or place the Contractor on probation,
or to avail itself of all other remedies available at law and equity,inclusive injunctive relief and specific
performance,in the event the Contractor fails to perform in accordance with the terms and conditions stated
herein.Following breach of the Contract by the Contractor,the City shall provide written notice specifying the
breach to the Contractor and advising the Contractor that the breach must be cured immediately or this
Agreement may be terminated by the City.The City reserves the right to avail itself of any and all remedies
available at law or at equity,including claims for damages and injunctive relief.The City further reserves the right
to suspend or debar the Contractor in accordance with the appropriate City ordinances,resolutions and/or
administrative/implementing orders.The vendor will be notified by letter of the City's intent to terminate if,
following the initial notice of breach,the Contractor fails to timely or adequately and to the satisfaction of the City
cure said breach.In the event of termination for default,the City may procure the required goods and/or services
from any source and use any method deemed in its best interest.All re-procurement costs shall be borne by the
terminated Contractor.
D.EQUAL EMPLOYMENT OPPORTUNITY
(1)In connection with the performance of this Contract,the Contractor shall not discriminate against any
employee or applicant for employment because of race,religion,color,sex,age,disability,ancestry,marital status,
pregnancy,sexual orientation,veteran's status,or national origin.The Contractor shall take affirmative action to
ensure that applicants are employed,and that employees are treated during employment,without regard to their
race,religion,color,sex,age,disability,ancestry,marital status,pregnancy,sexual orientation,veteran's status,
or national origin.Such action shall include,but not be limited to,the following:employment,upgrading,
promotion,demotion or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or
other forms of compensation,and selection for training,including apprenticeships.Contractor further agrees to
insert a similar provision in all subcontracts,except subcontracts for standard commercial supplies or raw
materials.The Contractor agrees to post in conspicuous places,available to employees and applicants for
employment,notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause.
(2)The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the
Contractor,state that all qualified applicants will receive consideration for employment without regard to race,
color,religion,sex,sexual orientation,gender identity,or national origin.
(3)The Contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about,discussed,or disclosed the compensation
of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal
complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation
conducted by the employer,or is consistent with the Contractor's legal duty to furnish information.
(4)The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union
or workers'representatives of the Contractor's commitments under this section,and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(5)The Contractor will comply with all provisions of Executive Order 11246 of September 24,1965,and of the
rules,regulations,and relevant orders of the Secretary of Labor.
(6)The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access
to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regulations,and orders.
(7)In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with
any of the said rules,regulations,or orders,this contract may be canceled,terminated,or suspended in whole or
in part and the Contractor may be declared ineligible for further government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,
1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
(8)The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase
order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24,1965,so that such provisions will be binding upon each of Contractor's
vendors and subcontractors.I he Contractor will take such action with respect to any subcontract or purchase
order as the City may direct as a means of enforcing such provisions,including sanctions for noncompliance.
E.DAVIS-BACON ACT,AS AMENDED (40 U.S.C.§3141-3148)and COPELAND "ANTI-KICKBACK"ACT (18 USC§40
U.S.C.3145).The Davis-Bacon Act and the Copeland Anti-Kickback Act only apply to the emergency Management
Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program,Tribal
Homeland Security Grant Program,Port Security Grant Program,and Transit Security Grant Program.They do not
apply to other FEMA grant and cooperative agreement programs,including the Public Assistance Program.
Accordingly,if applicable to this Contract:
(1)All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision
for compliance with the Davis-Bacon Act (40 U.S.C.§§3141-3144,and 3146-3148)as supplemented by
Department of Labor regulations (29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction").
a)In accordance with the statute,and if applicable,the Contractor must pay all laborers and mechanics
employed or working upon the site of the work,unconditionally and not less often than once a week,and
without subsequent deduction or rebate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3),the full amount of wages and
bona fide fringe benefits (or cash equivalents thereof)at rates not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor.In addition,contractors must be required to pay
wages not less than once a week.The City will attach a copy of the current prevailing wage determination
issued by the Department of Labor to this form.
b)Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)
of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics,subject to the provisions of paragraph (a)(1)(iv)of 29 CFR 55.5;also,regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly)under plans,
funds,or programs which cover the particular weekly period,are deemed to be constructively made or
incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually performed,without
regard to skill,except as provided in 29 CFR §5.5(a)(4).
c)Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein:Provided,that the employer's
payroll records accurately set forth the time spent in each classification in which work is performed.The
wage determination (including any additional classification and wage rates conformed under paragraph
(a)(1)(ii)of 29 CFR §5.5)and the Davis-Bacon poster (WH--1321)shall be posted at all times by the
Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can
be easily seen by the workers.
(2)The Contractor shall comply with 18 U.S.C.§874,40 U.S.C.§3145,and the requirements of 29 C.F.R.pt.3 as
may be applicable,which are incorporated by reference into this Contract.
Contractors and Subcontractors are prohibited from inducing,by any means,any person employed in the
construction,completion,or repair of public work,to give up any part of the compensation to which he or she is
otherwise entitled.The Contractor or subcontractor shall insert in any subcontracts the clause in these
subparagraphs (G)(1)and (2),and also a clause requiring the subcontractors to include this clause in any lower
tier subcontracts.The Contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with this clause.A breach of this clause may be grounds for termination of the Contract,and for
debarment as a contractor and subcontractor as provided in 29 C.F.R.§5.12.
F.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C.§§3702 AND 3704.
If applicable,the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety
Standards Act of 1962,40 U.S.C.55 3702 and 3704,requiring that mechanics and laborers (including watchmen
and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their
basic wage rates for all hours worked in excess of forty hours in a workweek.In the event of any violation of the
preceding clause,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.
In addition,the Contractor and subcontractor shall be liable to the City for liquidated damages.Such liquidated
damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,
employed in violation of the clause set forth herein,in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without payment
of the overtime wages required.The City shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account
of work performed by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided
herein.The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F)
herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts.The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in herein.
G.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD.
If the Federal award meets the definition of "funding agreement"under 37 CFR §401.2 (a)and the City wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental,developmental,or research work under that "funding agreement,"
the City must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and
any implementing regulations issued by the awarding agency.
H.THE CLEAN AIR ACT OF 1955,as amended,42 U.S.C.§§7401-7671q and the FEDERAL WATER POLLUTION
CONTROL ACT,as amended,33 U.S.C.§§1251-1387.
(1)The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the
Clean Air Act,as amended,42 U.S.C.§7401 et seq.and issued pursuant to the Federal Water Pollution Control
Act,as amended,33 USC §1251 et.seq.
(2)The Contractor agrees to report each violation to the City and understands and agrees that the City will,in
turn,report each violation as required to assure notification to the City,Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
(3)The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA.
I.ENERGY CONSERVATION.
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C.Section 6321 et seq.)and (42 U.S.C.6201).
J.CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION.
(1)This Contract is a covered transaction for purposes of 2 C.F.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.F.R.§180.995),or its
affiliates (defined at 2 C.F.R.§180.905)are excluded (defined at 2 C.F.R.§180.940)or disqualified (defined at
2 C.F.R.§180.935).The Contractor must comply with 2CF.R.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 it
enters into.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 2C.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.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 and shall include a provision requiring such compliance in its
lower tier covered transactions.
(2)By signing and submitting this form,the Contractor shall also execute and provide the City with,and require
all lower tiered contractors to also execute,the certification set out in "Certification Regarding Debarment,
Suspension,Ineligibility and Voluntary Exclusion Lower tier Covered Transaction"attached hereto.The
Contractor shall require all lower tier participants to agree that they:a.shall not knowingly enter into any lower
tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded
from participation in this covered transaction,unless authorized in writing by the City;and ii.they will include
this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion",and the
certification form,without modification,in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.The Contractor may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered
transaction,unless it knows that the certification is erroneous.The Contractor may decide the method and
frequency by which it determines the eligibility of its principals.The Contractor may,but is not required to check
the Non-procurement List issued by U.S.General Service Administration.Nothing contained in the foregoing
shall be construed to require establishment of system of records in order to render in good faith the certification
required by this clause.The knowledge and information of the Contractor and any other participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier
covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from
participation in this transaction,in addition to all remedies available to the Federal Government,the City may
pursue available remedies including suspension and/or debarment.
K.BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS.
Contractors who apply or bid for or have received an award of $100,000 or more shall file the required
certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a
member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection
with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C.§1352.Each tier shall also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
L.RECYCLEDPRODUCTS/RECOVERED MATERIALS
The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act,as
amended by the Resource Conservation and Recovery Act (42 U.S.C.$6962),including but not limited to,the
regulatory provisions of 40 CFR Part 247,and Executive Order 12873,as they apply to the procurement of the
items designated in Subpart B of 40 CFR Part 247.AII goods and/or services to be purchased as a result of any
award under this Contract shall be in accordance with all applicable governmental standards,including,but not
limited to those issued by the Occupation Safety and Health Administration (OSHA),the National Institute of
Safety Hazards (NIOSH),and the National Fire Protection Association (NFPA).It shall be the responsibility of the
Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory
agencies that govern the commodities or services applicable to this solicitation,during the term of any contract
resulting from this solicitation.In the performance of this Contract,the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
(1)Competitively within a timeframe providing for compliance with the contract performance schedule;
(2)Meeting Contract performance requirements;or (3)At a reasonable price.
Information about this requirement,along with the list of EPA-designated items,is available at EPA's
Comprehensive Procurement Guidelines web site,https://www.epa.gov/smm/regulatory-background-
comprehensive-procurement-guideline-program-cpg.
M.CONTRACTING WITH SMALL AND MINORITY BUSINESS,WOMEN'S BUSINESS ENTERPRISES,AND LABOR
SURPLUS AREA FIRMS,C.F.R.$200.321(G).
Pursuant to C.F.R.200.321 (g)the City will take all necessary affirmative steps to assure that minority
businesses,women's business enterprises,and labor surplus area firms are used when possible.Affirmative
steps must include:
(1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2)Assuring that small and minority businesses,and women's business enterprises are solicited whenever
they are potential sources;
(3)Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit
maximum participation by small and minority businesses,and women's business enterprises;
(4)Establishing delivery schedules,where the requirement permits,which encourage participation by small
and minority businesses,and women's business enterprises;
(5)Using the services and assistance,as appropriate,of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce;an
(6)Requiring the prime contractor,if subcontracts are to be let,to take the affirmative steps listed in
paragraphs (1)through (5)above.
N.ACCESS TO RECORDS.In addition to the provisions contained in the Contract,the following access to records
requirements apply to this Contract:
(1)The Contractor agrees to provide the City,the FEMA Administrator,the Comptroller General of the United
States,or any of their authorized representatives access to any books,documents,papers,and records of the
Contractor which are directly pertinent to this Contract for the purposes of making audits,examinations,
excerpts,and transcriptions.
(2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
(3)The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the Contract.
0.PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS.The Contractor hereby
acknowledges that 31 U.S.C.Chap.38 {Administrative Remedies for False Claims and Statements)applies to the
Contractor's actions pertaining to the Contract.
P.OHS SEAL,LOGO,AND FLAGS.The Contractor shall not use the DHS seal(s),logos,crests,or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre-approval.
Q.COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS.This is an acknowledgement that
FEMA financial assistance may be used to fund all or a portion of the Contract.The Contractor will comply with all
applicable Federal law,regulations,executive orders,FEMA policies,procedures,and directives.
R.NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the
non-Federal entity,Contractor,or any other party pertaining to any matter resulting from the Contract.
S.CHANGES
The Contract may be modified by mutual consent,in writing through the issuance of a modification to the
Contract.
T.INDEMNIFICATION
For any work performed on Federally funded projects,the Contractor agrees to indemnify and hold harmless the
Federal Government,its employees and/or contractors,the County,its employees and/or contractors,and the
City and its employees and/or contractors from liability to third parties for claims asserted under the contract.
U.E-VERIFY.The Contractor shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
ATTACHMENT B
ADDENDA AND 1TB SOLICITATION
MIAMI BEACH
Request for Qualifications (RFQ)
2024-303-WG
Job Order Contracting ("JOC")for Roofing or Electrical
Construction Projects
.
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO PROPOSERS
0200 GENERAL CONDITIONS
0300 PROPOSAL SUBMITTAL INSTRUCTIONS &FORMAT
0400 PROPOSAL EVALUATION
APPENDICES:
APPENDIX A MINIMUM REQUIREMENTS &SPECIFICATIONS
APPENDIX B JOC SUPPLEMENTAL CONDITIONS
APPENDIX C SAMPLE CONTRA CT
APPENDIX D PREVAILING WAGES AND LOCAL WORKFORCE CHAPTERS 31-27 AND 31-40
ATTACHMENT A CONSTRUCTION TASK CATALOG
ATTACHMENT B TABLE OF CONTENTS
ATTACHMENT C TECHNICAL SPECIFICATIONS
ATTACHMENT D USING THE CONSTRUCTION TASK CATALOG
SECTION 0100 INSTRUCTIONS TO RESPONDENTS &GENERAL CONDITIONS
1.GENERAL.This Request for Qualifications (RFQ)is issued by the City of Miami Beach,Florida (the "City"),as the
means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select
a firm with whom it may negotiate an agreement for the purpose noted herein.
The City utilizes Periscope S2G (formally 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 RFQ.Any prospective Proposer who has received this RFQ by any means other than through
Periscope S2G must register immediately with Periscope S2G to ensure it receives any addendum issued to this RFQ.
Failure to receive an addendum may result in disqualification of proposal submitted.
1.GENERAL.This Request for Qualifications (RFQ)is issued by the City of Miami Beach,Florida (the "City"),as the
means for prospective Proposers to submit their qualifications,proposed scopes of work,and revenue Proposals (the
"Proposal")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 Proposers and,
subsequently,the successful Proposer(s)(the "contractor[s]")if this RFQ results in an award.
The City utilizes Periscope S2G (formally 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 RFQ.Any prospective Proposer who has received this RFQ by any means other than through
Periscope S2G must register immediately with Periscope S2G to ensure it receives any addendum issued to this RFQ.
Failure to receive an addendum may result in disqualification of Proposal submitted.
2.BACKGROUND.On October 16,2019,the Mayor and City Commission approved the City Manager's
recommendation to award contracts to 18 contractors pursuant to 1TB 2019-257-KB for job order contracting services
-various trades.The Agreements are presently scheduled to expire in November 2024.
Since the ability to quickly assign contractors to time-sensitive projects is critical to address capital needs,the
Administration is recommending commencing with the solicitation to replace current contracts at this time.
During the term of the current agreement,the City has project task orders totaling approximately 7.4 million dollars,
with an average project size of $309,000.However,the City anticipates that the volume of work pursuant to the JOG
program will increase in future years due to recent bond programs approved and as more projects require expedited
construction start dates.It is anticipated that the majority of projects issued under this RFQ will be valued below or up
to $2 million;however,the City reserves the right to issue projects in a greater amount subject to prior approval by the
City Commission.
PURPOSE.The purpose of this RFQ is to seek Proposals from qualified contractors interested in furnishing all labor,
materials,equipment,and supplies to provide Job Order Contracting ("JOC")services on future projects.No specific
project is contemplated at this time.When assigned,all services shall be performed in accordance with the terms,
conditions,and specifications contained herein and any resulting agreement.The City will evaluate qualifications in
accordance with Sections 0300 and 0400.Fees will be negotiated with the selected firms.Projects will be assigned in
accordance with Section No.3 titled,Award of Work,listed below.
A Job Order Contract is an indefinite-quantity contract pursuant to which the Contractor may perform an ongoing series
of individual Projects at different locations throughout the City.The Contract Documents include a Construction Task
Catalog®,provided by the Gordian Group,containing construction tasks with preset Unit Prices.All Unit Prices are
based on local labor,material,and equipment prices and are for the direct cost of construction.
For each category of work (roofing,electrical),the City may negotiate any or all of the two (2)Adjustment Factors to
be applied to the Unit Prices as noted below for projects with routine wages (excludes prevailing wages,Davis Bacon
wages,and local workforce):
1.Normal Working Hours
2.Other Than Normal Working Hours
In addition,for each category of work (roofing,electrical),the City may negotiate any or all of the two (2)Adjustment
Factors to be applied to the Unit Prices as noted below projects with prevailing wages (including prevailing wages,
Davis Bacon wages and local workforce requirements):
1.Normal Working Hours
2.Other Than Normal Working Hours
Refer to Section 0200 for the required language for federal or grant requirements,including Davis Bacon,which shall
apply to federal or grant-related projects for normal and other than normal working hours.
All Adjustment Factors shall apply to every Pre-priced Task in the Construction Task Catalog®.
Upon award of Contract(s),as projects are identified,the Contractor will jointly scope the work with the City.The City
will prepare a Detailed Scope of Work and issue a Request for Proposal to the Contractor.If the project identified is
federal/grant-funded,the contractor will be informed of grants or federal requirements at the time of request.The
Contractor will then prepare a Proposal for the project,including a Job Order Price Proposal,drawings and sketches,
a list of subcontractors and materialmen,a construction schedule,and other requested documentation.The Job Order
Price shall equal the value of the approved Job Order Price Proposal.The value of the Job Order Price Proposal shall
be calculated by summing the total of the calculation for each Pre-priced Task (Unit Price x quantity x Adjustment
Factor)plus the value of all Non-Pre-priced Tasks.If the Proposal is found to be complete and reasonable,a Job
Order may be issued.
A Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time and the Job Order
Price.The Job Order Price shall be a lump sum,fixed price for the completion of the Detailed Scope of Work.By
mutual agreement,the City and the Contractor may negotiate a lump sum not to exceed total on any specific Job
Order.
A separate Job Order will be issued for each project.Extra work,credits,and deletions will be contained in a
Supplemental Job Order.The scope of work is more fully defined in Appendix A.
Categories of work:
Roofing Construction Projects.Roofing work encompasses a range of activities involved in the installation,repair,
and replacement of roofs on buildings or structures,including but not limited to:
1.Installation:This involves constructing a new roof on a building.It includes tasks such as:
a.Preparing the roof deck
b.Installing underlayment
c.Applying roofing materials (such as shingles,tiles,or metal panels)
d.Installing flashing and sealants
e.Setting up ventilation systems
f.Completing a final inspection
2.Repair:Roof repair involves fixing any damage or issues with an existing roof.Common repair tasks include:
a.Patching leaks
b.Replacing damaged shingles,tiles,or panels
c.Repairing flashing and sealant
d.Fixing sagging or uneven areas
e.Addressing issues with ventilation
3.Replacement:When a roof reaches the end of its lifespan or sustains extensive damage,replacement may
be necessary.This involves removing the existing roof and installing a new one.Replacement work is similar
to installation but may also include additional tasks such as removing old materials and inspecting the
underlying structure for damage.
4.Emergency Repairs:Roofing contractors may also provide emergency repair services to address sudden
damage caused by events such as storms,falling trees,or accidents.These repairs are typically done quickly
to prevent further damage to the property.
Electrical Construction Projects.Electrical work involves a wide range of tasks related to the installation or repair of
electrical systems including,but not limited to:
1.Installation:This includes the setup of electrical systems in new construction or during renovations.Tasks
may involve:
a.Installing wiring,outlets,switches,and fixtures
b.Setting up circuit breaker panels and fuse boxes
c.Connecting electrical appliances and equipment
d.Installing lighting systems,including both indoor and outdoor fixtures
2.Repair:Electricians are often called upon to fix electrical issues.Common repair tasks include:
a.Repairing faulty wiring or connections
b.Replacing damaged outlets,switches,or fixtures
c.Fixing electrical shorts or overloaded circuits
d.Repairing or replacing malfunctioning circuit breakers or fuses
3.Upgrades and Retrofitting:As technology advances or building needs change,electrical systems may need
to be upgraded or modified.Electricians can:
a.Upgrade electrical panels to accommodate increased power demands
b.Retrofit older buildings with modern wiring and fixtures
c.Install energy-efficient lighting or electrical appliances
4.Specialized Services:Some electricians specialize in specific areas,such as:
a.Renewable energy systems (e.g.,solar panels,wind turbines)
b.Automation and smart technology integration
c.Industrial control systems and machinery wiring
d.Emergency backup power systems (e.g.,generators,uninterruptible power supplies)
Bidders may only submit proposals for one or more of the two foregoing categories of work.No other categories of
work will be considered as part of this RFQ.Proposals for any other categories of work shall be deemed non-
responsive and will not be entitled to any further consideration.
Bidders may submit proposals for different categories of work,provided that the Bidder submits a separate
proposal for each category the Bidder is interested in pursuing.For example,Bidder A wishes to submit a
proposal for Roofing Construction Projects and a proposal for Electrical Construction Projects.In this case,
Bidder A must submit two proposals -one proposal for the Roofing Construction Projects category and a
separate and distinct proposal for the Electrical Construction Projects category.
Proposals will be evaluated in accordance with the criteria established in Section 0400.Proposals will be evaluated
against other "like"Proposals submitted for each category.For example,Proposals submitted for roofing construction
will be evaluated against other Proposals for roofing construction,and Proposals submitted for electrical construction
will be evaluated against other Proposals for electrical construction.
3.Award of Work.It is anticipated that when a project requires JOC services,the requesting department will contact
the Procurement Department to obtain a list of the next three (3)firms with the lowest awarded values in the applicable
category required for the work assignment.One of the selection methodologies below may be used to select a firm.
A.The requesting department may select the firm with the lowest awarded value in the requested technical
category required for the work assignment and negotiate a Job Order.
B.In the alternative,the requesting department may seek statements of qualifications from the three (3)firms
and select the firm determined to be the most qualified for the work assignment.The selection process may
include telephone interviews or meetings with the firms,a review of each firm's qualifications and specific
experience in the relevant area of work,staff availability,reference checks,and prior performance.Following
the selection process,the requesting department may negotiate a Job Order,including a detailed scope and
cost Proposal,with the firm deemed to be best qualified for the work assignment.The requesting department
shall include an explanation of the selection process and the justification for the firm selected with the Job
Order for the work assignment.
C.Notwithstanding the City's intent to maintain equitable distribution,the City may select any contractor deemed
to be best qualified for the project and may deny awards for one or more of the factors identified in Section 2-
369 of the City Code,which include:
(1)The ability,capacity,and skill of the bidder to perform the contract.
(2)Whether the bidder can perform the contract within the time specified,without delay or interference.
(3)The character,integrity,reputation,judgment,experience,and efficiency of the bidder.
(4)The quality of performance of previous contracts.
(5)The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
5.ANTICIPATED RFQ TIMETABLE.The tentative schedule for this solicitation is as follows·
RFQ Issued April 5,2024
Pre-Proposal Meeting April 18,2024 at 10:00 am ET
Join the meeting now
Meeting ID:262 093 477 199
Passcode:uABWUn
Dial-in by phone
+1786-636-1480,United States
Phone conference ID:811 821 28#
Deadline for Receipt of Questions May 8,2024 at 5:00 pm ET
Responses Due May 23,2024 at 3:00 pm ET
Join the meeting now
Meeting ID:245 194 870 666
Passcode:RKJ4Lt
Dial-in by phone
+1786-636-1480,United States
Phone conference ID:707 021 508#
Evaluation Committee Review TBD
Tentative Commission Approval TBD
Contract Negotiations Following Commission Approval
6.PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
The Proposal title/number shall be referenced on all correspondence.All questions or requests for clarification must
be received no later than 15 calendar days prior to the date proposals are due as scheduled in Section 0100-5.All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
7.PRE-PROPOSAL MEETING OR SITE VISIT(S).A pre-proposal meeting or site visit(s)may be scheduled.
Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information
but is not mandatory.Proposers interested in participating in the Pre-Proposal Meeting must follow these steps:
Join the meeting now
Meeting ID:262 093 477 199
Passcode:uABWUn
Dial-in by phone
+1786-636-1480,United States
Phone conference ID:811 821 28#
Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent
to participate.
8.PRE-PROPOSAL INTERPRETATIONS.Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect,including any information received at pre-
submittal meeting or site visit(s).The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions.Only questions answered by written addenda
will be binding and may supersede terms noted in this solicitation.Addendum will be released through Periscope S2G.
Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register
immediately with Periscope S2G to assure it receives any addendum issued to this RFQ.Failure to receive an
addendum may result in disqualification of proposal.Written questions should be received no later than the date
outlined in the Anticipated RFQ Timetable section.
9.CONE OF SILENCE.This RFQ is subject to,and all proposers are expected to be or become familiar with,the
City's Cone of Silence Requirements,as codified in Section 2-486 of the City Code.Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with,and shall be
subject to any and all sanctions,as prescribed therein,including rendering their response voidable,in the event of
such non-compliance.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.goy
10.ADDITIONAL INFORMATION OR CLARIFICATION.After proposal submittal,the City reserves the right to
require additional information from Proposers (or Proposer team members or sub-consultants)to determine:
qualifications (including,but not limited to,litigation history,regulatory action,or additional references);and financial
capability (including,but not limited to,annual reviewed/audited financial statements with the auditors notes for each
of their last two complete fiscal years).
11.PROPOSER'S RESPONSIBILITY.Before submitting a response,each Proposer shall be solely responsible for
making any and all investigations,evaluations,and examinations,as it deems necessary,to ascertain all conditions
and requirements affecting the full performance of the contract.Ignorance of such conditions and requirements,and/or
failure to make such evaluations,investigations,and examinations,will not relieve the Proposer from any obligation to
comply with every detail and with all provisions and requirements of the contract,and will not be accepted as a basis
for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
12.DETERMINATION OF AWARD.The City Manager may appoint an evaluation committee to assist in the evaluation
of proposals received.The evaluation committee is advisory only to the city manager.The city manager may consider
the information provided by the evaluation committee process and/or may utilize other information deemed
relevant.The City Manager's recommendation need not be consistent with the information provided by the evaluation
committee process and takes into consideration Miami Beach City Code Section 2-369,including the following
considerations:
(1)The ability,capacity and skill of the Proposer to perform the contract.
(2)Whether the Proposer can perform the contract within the time specified,without delay or
interference.
(3)The character,integrity,reputation,judgment,experience and efficiency of the Proposer.
(4)The quality of performance of previous contracts.
(5)The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Manager may recommend to the City Commission the Proposer(s)s/he deems to be in the best interest of
the City or may recommend rejection of all proposals.The City Commission shall consider the City Manager's
recommendation and may approve such recommendation.The City Commission may also,at its option,reject the
City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of
the City,or it may also reject all Proposals.
12.1 NEGOTIATION.Following initial selection based on qualifications,the City will negotiate with the selected firms
to include but not be limited to applicable contract provisions and the adjustment factors that will be applicable to each
category of work.The City may equalize the adjustment factor amongst all contractors for similar categories.
Notwithstanding the preceding,the City is in no way obligated to enter into a contract with the selected Proposer(s)in
the event the parties are unable to negotiate a contract.It is also understood and acknowledged by Proposer(s)that
no property,contract or legal rights of any kind shall be created at any time until and unless an Agreement has been
agreed to,approved by the City,and executed by the parties.
14.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 likewise utilize
the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
15.PERISCOPE S2G (FORMERLY BIDSYNC).The Procurement Department utilizes Periscope S2G,Supplier-to-
Government electronic bidding (e-Bid)platform.If you would like to be notified of available competitive solicitations
released by the City you must register and complete your vendor qualifications through Periscope S2G,Supplier-to-
Government www.bidsync.com/Miami-Beach.Registration is easy and will only take a few minutes.For detailed
instructions on how to register,complete vendor qualifications and submit electronic bids visit
https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-become-a-vendor/.
Should you have any questions regarding this system or registration,please visit the above link or contact Periscope
S2G,Supplier-to-Government at support@bidsync.com or 800.990.9339,option 1,option 1.
16.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,allowing 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 and/or comments,do not hesitate to submit them to vendorsupport@miamibeachfl.gov
17.SUPPLIER DIVERSITY.In an effort to increase the number and diversity of supplier options in the procurement
of goods and services,the City has established a registry of LGBT-owned businesses,as certified by the National
LGBT Chamber of Commerce (NGLCC)and small and disadvantaged businesses,as certified by Miami-Dade County.
See authorizing resolutions here.
If your company is certified as an LGBT-owned business by NGLCC,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 it is important that you register
for both.
Click to see acceptable certification and to register:https://www.miamibeachfl.gov/city-hall/procurement/how-to-
become-a-vendor/.
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SECTION 0200
M IAM I BEACH
GENERAL CONDITIONS
FORMAL SOLICITATIONS TERMS &CONDITIONS-GOODS AND SERVICES.By virtue of submitting a Proposal
in response to this solicitation,proposer agrees to be bound by and in compliance with the Formal Solicitations Terms
and Conditions for Goods and Services (dated October 27,2022),incorporated herein,which may be found at the
following link:
https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/
GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS.By virtue of submitting a Proposal in response to
this solicitation,proposer agrees to be bound by and in compliance with the general conditions for construction
contracts (dated April 13,2020),incorporated herein,which may be found at the following link:
https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/
TERMS &CONDITIONS -GRA NTS AND FEDERA L REQUIREMENTS (For Federal or Grant related projects).
By virtue of submitting a Proposal in response to this solicitation,proposer agrees to be bound by and in compliance
with the Terms and Conditions for grants and federal requirements (dated August 20,2020),incorporated herein,
which may be found at the following link:
https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/
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SECTION 0300
MIAMI BEACH
PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1.ELECTRONIC RESPONSES (ONLY).Proposals 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 proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the
deadline for proposal submittals.The City will only consider the latest version of the bid.
Electronic proposal 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 assure that its bid,including
all attachments,is uploaded successfully.
Only proposal submittals received,and time stamped by Periscope S2G (formerly BidSync)prior to the proposal
submittal deadline shall be accepted as timely submitted.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
$2G@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 proposal submittals.
2.NON-RESPONSIVENESS.Failure to submit the following requirements shall result in a determination of non-
responsiveness.Non-responsive proposals will not be considered.
1.Bid Submittal Questionnaire (submitted electronically).
2.Failure to comply with the Minimum Eligibility Requirements (if applicable).
3.OMITTED OR ADDITIONAL INFORMATION.Failure to complete and submit the Bid Submittal Questionnaire
(submitted electronically)with the bid and by the deadline for submittals shall render a proposal non-
responsive.With the exception of the Bid Submittal Questionnaire (completed and submitted electronically),the City
reserves the right to seek any omitted information/documentation or any additional information from Proposer or other
source(s),including but not limited to:any firm or principal information,applicable licensure,resumes of relevant
individuals,client information,financial information,or any information the City deems necessary to evaluate the
capacity of the Proposer to perform in accordance with contract requirements.Failure to submit any omitted or
additional information in accordance with the City's request shall result in proposal being deemed non-responsive.
4.ELECTRONIC PROPOSAL FORMAT.In order to maintain comparability,facilitate the review process and assist
the Evaluation Committee in review of proposals,it is strongly recommended that proposals be organized and tabbed
in accordance with the tabs,and sections as 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.
Cover Letter,Table of Contents,and Minimum Qualification Re uirement
1.1 Cover Letter and Table of Contents.The cover letter must indicate Proposer and Proposer Primary Contact
for the purposes of this solicitation.
1.1.1 Prime Proposer.Include the name and location of the Prime Proposer,Primary Proposer's
Re resentative for the RFQ,and Re resentative's Contact.
TAB 1
1.1.2 Selected Category of Work.The proposer must clearly indicate in the cover letter and Bid Notes
section in Periscope S2G the category of work for which the Proposal is submitted.Categories of work:
1.Roofing Construction
2.Electrical Construction
Proposals for any other categories of work,shall be deemed non-responsive and will not be
considered.However,Bidders may submit proposals for one or more of the listed categories of
work,provided that the Bidder submits a separate proposal for each category the Bidder is
interested in pursuing.For example,Bidder A wishes to submit a proposal for Roofing
Construction and a proposal for Electrical Construction Projects.In this case,Bidder A must
submit two proposals -one proposal under Roofing Construction and a separate and distinct
proposal under Electrical Construction Projects.
Proposals will be evaluated in accordance with the criteria established in Section 0400.Proposals will
be evaluated against other "like"Proposals submitted for each category.For example,Proposals
submitted for roofing construction will be evaluated against other Proposals for roofing construction,
and Proposals submitted for electrical construction will be evaluated against other Proposals for
electrical construction.
1.2 Minimum Qualifications Requirements.Submit verifiable information documenting compliance with the
minimum qualifications requirements established in Appendix A,Minimum Requirements and Specifications.
TAB2 •erience &Qualifications of the Pro osin Firm
2.1 General Qualifications of Proposing Firm.Submit detailed information regarding the relevant experience and
proven track record of the firm and/or its principals in providing the scope of services similar as identified in this
solicitation,including experience in providing similar scope of services to public sector agencies.Proposers are to
submit a minimum of three (3)projects.
For each project that the Proposer submits as evidence of similar experience for the firm and/or any principal,the
following is required:project description,agency name,agency contact,contact telephone &email,and year(s)and
term of engagement.For each project,identify whether the experience is for the firm or for a principal (include name
of principal).
2.2 JOC-Specific Qualifications of Proposing Firm.Submit detailed information regarding the relevant
experience and proven track record of the firm and/or its principals in providing the scope of services similar as
identified in this solicitation,JOC program,including experience in providing similar scope of services to public
sector agencies.Proposers are to submit a minimum of three (3)projects.
For each project that the Proposer submits as evidence of similar experience for the firm and/or any principal,the
following is required:project description,agency name,agency contact,contact telephone &email,and year(s)and
term of engagement.For each project,identify whether the experience is for the firm or for a principal (include name
of rinci al.
TAB 3 Personnel
3.1 The City seeks to obtain the services of a Proposer whose proposed staff has extensive construction experience.
For each position,provide the requested information below and attach a resume.
•Contractor Project Manager:Submit detailed information for the proposed Contractor Project Manager
assigned to the Contract and attach a resume.
•Key Personnel:Submit detailed information for the proposed personnel assigned to the Contract and
attach a resume exemlit in experience with JOC roiects and rocess or other construction-related
projects.
In addition to identifying the Key Personnel assigned to the Contract above,insert a narrative detailing the
Proposer's staffing plan for administering the Contract and providing high-quality service to the City.Be specific in
regards to the Proposer's ability to assign additional staff if the volume of work requires it.
The key personnel submitted with the Proposal shall be assigned to the Contract for the full duration of the Contract.
The Contractor must obtain the City's prior approval before substituting any of the key personnel proposed with this
Contract.
Responses shall be in sufficient detail and include supporting documentation,as applicable,which will allow the
Evaluation Committee to complete a full review and score.
3.2 Qualifications of Proposer Team.Provide an organizational chart of all personnel that are to be used for this
project,and each individual's experience and qualifications providing similar scope of services to public sector
agencies,and each individual's relationship to the bidder.Include a resume of each individual,including education,
experience,and any other pertinent information.
3.3 Sub-contractors/Sub-consultants.lf sub-contractors/sub-consultants are proposed,summarize projects
where the Sub-consultant(s)/Sub-contractor(s)and/or its principals have provided services similar to those
described herein,including experience in providing similar scope of services to public sector agencies.For each
project provide the following:
a.project name and scope of services provided;
b.name of individuals who worked on the referenced project that have been included in Section 2.1 above.
c.client;
d.client project manager and contact information;
e.costs of the services provided;and
f.term of the engagement.
3.4 Prior Experience Working Together:If utilizing sub-consultants/sub-contractors to achieve the services,
summarize projects where the team has worked together on similar projects,as specified herein.For each project
provide the following:
a.project name and scope of services provided;
b.name of individuals who worked on the referenced project that have been included in Section 2.1 above.
c.client;
d.client project manager and contact information;and
e.term of the engagement.
TAB4 ,,roach and Methodolo
4.1 Self-Performance.Provide detailed information on how work will be accomplished by self-performing at least
fifty percent (50%)of the physical construction labor for roofing or electrical projects (unless otherwise approved by
the City).
4.2 Bonding Capacity.Provide a letter from a Surety firm affirming Proposer's bonding capacity.The Surety firm
shall be rated by AM Best as to be no less than A-(Excellent)and within a Financial Size Category of no less than
Category V($10-$25 million).The statement of bonding capacity shall be directly from the Surety firm on its official
letterhead and signed by an authorized agent of the firm.
4.3 Adherence to Cost and Schedule.Provide detailed information on how the proposer will ensure projects are
com leted on bud et and within the s ecified timeline.
4.2 Safety.Attach a letter from the Proposer's insurance company,on the insurance carrier's letterhead,stating the
Proposer's Experience Modification Rate (EMR)for the past three calendar years:2021,2022,and 2023.If,during
any year,the EMR is greater than 1.0,attach an explanation as to why the EMR is greater than 1.0 and steps taken
to reduce the EMR.
Responses shall be in sufficient detail and include supporting documentation,as applicable,which will allow the
Evaluation Committee to complete a fully review and score.
4.3 Local Workforce.Provide detailed information on how Proposer will make its reasonable efforts to promote
employment opportunities for Miami Beach and Miami Dade County residents (City Ordinance No.2021-4405).
4.4 Davis Bacon/Prevailing Wages.Provided detailed information that documents the Proposer's experience
managing projects that include Davis Bacon wages or other prevailing wage requirements.
4.5 Small/Disadvantaged Business Enterprise (S/DBE)or LGBT-owned business.Provide detailed information
on how the Proposer has incorporated in its proposal,as applicable,the outreach and inclusion of SDB/SBE and
LGBT firms and how the successful proposer will make its reasonable efforts,in the development of each task order,
to promote use of Small/Disadvantaged Business Enterprise (S/DBE)or LGBT-owned business in its proposal
response and in future task orders which may include the actions below.
4.5.1 At the time of the task order the contractor shall take affirmative steps which must include:
(1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2)Assuring that small and minority businesses,and women's business enterprises are solicited whenever
they are potential sources;
(3)Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit
maximum participation by small and minority businesses,and women's business enterprises;
(4)Establishing delivery schedules,where the requirement permits,which encourage participation by small
and minority businesses,and women's business enterprises;
(5)Using the services and assistance,as appropriate,of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce;and
(6)Requiring the subcontractors,if subcontracts are to be let,to take the affirmative steps listed in
paragraphs (b)(1)through (5)of this section.
Compliance with Code of Federal Regulations (CFR).Provided detailed information that documents the Proposer's
experience managing federally funded projects for which CFR compliance is required.
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SECTION 0400 PROPOSAL EVALUATION
1.Evaluation Committee.An Evaluation Committee,appointed by the City Manager,may meet to
evaluate each Proposal in accordance with the qualitative criteria set forth below.In doing so,the
Evaluation Committee may review and score all proposals received,with or without conducting
interview sessions.City staff will assign points for the quantitative criteria.It is important to note that
the Evaluation Committee is advisory only and does not make an award recommendation to the City
Manager or the City Commission.The results of Step 1&Step 2 Evaluations will be forwarded to the
City Manager who will utilize the results to make a recommendation to the City Commission.
a.In the event that only one responsive proposal is received,the City Manager,after
determination that the sole responsive proposal materially meets the requirements of
the RFQ,may,without an evaluation committee,recommend to the City Commission
that the Administration enter into negotiations.
b.The City Manager may recommend that the City Commission authorize negotiations
or award a contract to one or more firms in accordance with Section 0100,Sub-section
12;or
c.The City Manager may Recommend that the City Commission short-list one or more
firms for further consideration by the Evaluation Committee;or
d.The City Manager may recommend to the City Commission that all firms,if more than
one (1)responsive submittal is received,be rejected.
1.1 PRESENTATIONS BY SHORT-LISTED FIRMS.If a short-listing of firms responding to this
RFQ is approved,the short-listed firms may be required to make presentations to and be
interviewed by the Evaluation Committee.In further considering the short-listed firms,the
Evaluation Committee will utilize the criteria set forth in Sub-section 4 below.
1.2 TECHNICAL ADVISORS.The City,in its discretion,may utilize technical or other advisers
to assist the evaluation committee or the City Manager in the evaluation of proposals.
2.Qualitative Criteria.Responsive proposals shall be evaluated by the Evaluation Committee in
accordance with the following criteria.
Qualitative Criteria Maximum Points
Experience &Qualifications of Proposing Firm
Key Personnel
Approach and Methodology
40
35
25
TOTAL AVAILABLE STEP 1 POINTS 100
3.Quantitative Criteria.Following the results of the evaluation of the qualitative criteria by the
Evaluation Committee,the Proposers may receive additional points,to be added by City staff,as
follows.
Quantitative Criteria Maximum Points
Veterans Preference 5
TOTAL AVAILABLE STEP 2 POINTS 5
TOTAL STEP1&2 105
4.Determination of Final Ranking.The sum of qualitative and quantitative scores will be converted
to rankings in accordance with the example below:
Pro oser A Pro oser B Proposer C
Q ualitative Points 82 74 80
C om m itt ee Q uantitative Points 10 5 0
M em ber1 Total 92 79 80
Rank 1 3 2
Q ualitative Points 82 85 72
C om m itt ee Q uantitative Points 10 5 0
M em ber2 Total 92 90 72
Rank 4 2 3
Q ualitative Points 90 74 66
C om m itt ee Q uantitative Points 10 5 0
M em ber2 Total 100 79 66
Rank 1 2 3
Low Aggregate Score 3 7 8
Final R anking*1 2 3
It is important to note that the results of the Evaluation Committee process do not represent an award
recommendation.The City Manager will utilize the results of the committee process,as well as any
other information he deems appropriate to develop his award recommendation to the City
Commission,which may differ from the Evaluation Committee process ranking.
5.DETERMINATION OF AWARD.The City Manager shall consider qualitative and quantitative
factors,in accordance with Sub-section 2 and 3 above,to recommend the proposer(s)he deems to
be in the best interest of the City or may recommend rejection of all Proposals.The City Manager's
recommendation need not be consistent with the information provided by the evaluation committee
process and takes into consideration Miami Beach City Code Section 2-369,including the following
considerations:
(1)The ability,capacity and skill of the Proposer to perform the contract.
(2)Whether the Proposer can perform the contract within the time specified,without
delay or interference.
(3)The character,integrity,reputation,judgment,experience and efficiency of the
Proposer.
(4)The quality of performance of previous contracts.
(5)The previous and existing compliance by the Proposer with laws and ordinances
relating to the contract.
The City Manager may recommend to the City Commission the Proposer(s)s/he deems to be in the
best interest of the City or may recommend rejection of all Proposals.The City Commission shall
consider the City Manager's recommendation and may approve such recommendation.The City
Commission may also,at its option,reject the City Manager's recommendation and select another
Proposal or Proposals which it deems to be in the best interest of the City,or it may also reject all
Proposals.
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1
APPENDIX A
M AMI BEACH
Minimum Requirements
&Scope of Work
Request for Qualifications
{RFQ)2024-303-WGJob Order
Contracting ("JOC")for Roofing or
Electrical Construction Projects
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3d Floor
Miam i Beach,Flor ida 33139
A 1.Minimum Eligibility Requirements.The Minimum Eligibility Requirements for this solicitation are listed below.Proposer
shall submit the required submittal(s)documenting compliance with each minimum requirement.Proposers that fail to comply
with minimum requirements shall be deemed non-responsive and shall not have its bid considered.
1.Roofing Construction Projects -Bidder (defined as the Proposing Firm)or its principals,shall hold a currently
active State of Florida Certified Roof Contractor,OR Miami Dade County Licensed Roofing Contractor.The City may
consider alternative licenses as acceptable providing that proof is submitted by the bidder documenting that roof
construction work (as defined in the solicitation)and related permits may be completed,in accordance with State of
Florida or Miami-Dade County regulations,with the alternative license.
2.Electrical Construction Projects -Bidder (defined as the Proposing Firm)or its principals,shall hold a currently
active State of Florida Certified Electrical Contractor,OR Miami Dade County Licensed Master Electrician.The City
may consider alternative licenses as acceptable providing that proof is submitted by the bidder documenting that
electrical construction work (as defined in the solicitation)and related permits may be completed,in accordance with
State of Florida or Miami-Dade County regulations,with the alternative license.
3.Roofing and Electrical Construction Projects.Provide a letter from a Surety firm affirming Proposer's bonding
capacity.The Surety firm shall be rated by AM Best as to be no less than A-(Excellent)and within a Financial Size
Category of no less than Category V ($10 -$25 million).The statement of bonding capacity shall be directly from the
Surety firm on its official letterhead and signed by an authorized agent of the firm.
A2.Scope of Work.
The Work will consist of furnishing all labor,machinery,tools,means of transportation,supplies,equipment,materials,
and management and other services,and incidentals necessary to complete projects at a rate of progress that will ensure
completion of the Work within the stipulated Job Order Completion Time.
JOC is an indefinite delivery,indefinite quantity contract pursuant to which the Contractor shall perform an ongoing series
of individual Projects at different locations,often simultaneously,at various City owned or controlled locations.The RFQ
documents include a Construction Task Catalog®(CTC)containing construction tasks with pre-established Unit Prices.
All Unit Prices are based on local labor,material,and equipment prices and are intended to reflect the direct cost of
construction (excluding overhead and profit).Individual Projects are awarded on an as-needed basis.
JOC a method used by the City to award construction Projects;however,the City reserves the right to use alternative
procurement methods if determined to be in the best interest of the City.The award of a JOC Contract does not provide
any guarantee,exclusivity,or right to the award of any Project(s)from the City.
Categories of work:
Roofing Construction Projects.Roofing work encompasses a range of activities involved in the installation,repair,and
replacement of roofs on buildings or structures,including but not limited to:
5.Installation:This involves constructing a new roof on a building.It includes tasks such as:
a.Preparing the roof deck
b.Installing underlayment
c.Applying roofing materials (such as shingles,tiles,or metal panels)
d.Installing flashing and sealants
e.Setting up ventilation systems
f.Completing a final inspection
6.Repair:Roof repair involves fixing any damage or issues with an existing roof.Common repair tasks include:
a.Patching leaks
b.Replacing damaged shingles,tiles,or panels
c.Repairing flashing and sealant
d.Fixing sagging or uneven areas
e.Addressing issues with ventilation
7.Replacement:When a roof reaches the end of its lifespan or sustains extensive damage,replacement may be
necessary.This involves removing the existing roof and installing a new one.Replacement work is similar to
installation but may also include additional tasks such as removing old materials and inspecting the underlying
structure for damage.
8.Emergency Repairs:Roofing contractors may also provide emergency repair services to address sudden damage
caused by events such as storms,falling trees,or accidents.These repairs are typically done quickly to prevent
further damage to the property.
Electrical Construction Projects.Electrical work involves a wide range of tasks related to the installation or repair of
electrical systems including,but not limited to:
5.Installation:This includes the setup of electrical systems in new construction or during renovations.Tasks may
involve:
a.Installing wiring,outlets,switches,and fixtures
b.Setting up circuit breaker panels and fuse boxes
c.Connecting electrical appliances and equipment
d.Installing lighting systems,including both indoor and outdoor fixtures
6.Repair:Electricians are often called upon to fix electrical issues.Common repair tasks include:
a.Repairing faulty wiring or connections
b.Replacing damaged outlets,switches,or fixtures
c.Fixing electrical shorts or overloaded circuits
d.Repairing or replacing malfunctioning circuit breakers or fuses
7.Upgrades and Retrofitting:As technology advances or building needs change,electrical systems may need to be
upgraded or modified.Electricians can:
a.Upgrade electrical panels to accommodate increased power demands
b.Retrofit older buildings with modern wiring and fixtures
c.Install energy-efficient lighting or electrical appliances
8.Specialized Services:Some electricians specialize in specific areas,such as:
a.Renewable energy systems (e.g.,solar panels,wind turbines)
b.Automation and smart technology integration
c.Industrial control systems and machinery wiring
d.Emergency backup power systems (e.g.,generators,uninterruptible power supplies)
Work shall be accomplished by means of the issuance of a task order against the JOC.Selected Proposers must be capable
of self-performing at least fifty percent (50%)of the physical construction labor for roofing projects,unless otherwise approved
by the City.
The City reserves the right to award contracts as determined to be in its best interest.Proposers may submit Proposals for
one or all Services;however,the City reserves the right to limit the number of contracts held by each Selected Proposer(s)
if determined to be in the City's best interest.
2.1 Adjustment Factors.A Job Order Contract is an indefinite-quantity contract pursuant to which the Contractor may
perform an ongoing series of individual Projects at different locations throughout the City.The Contract Documents include
a Construction Task Catalog®,provided by the Gordian Group,containing construction tasks with preset Unit Prices.All Unit
Prices are based on local labor,material,and equipment prices and are for the direct cost of construction.
For each category of work (roofing,electrical),the City may negotiate any or all of the two (2)Adjustment Factors to be
applied to the Unit Prices as noted below for projects with routine wages (excludes prevailing wages,Davis Bacon wages,
and local workforce):
1.Normal Working Hours
2.Other Than Normal Working Hours
In addition,for each category of work (roofing,electrical),the City may negotiate any or all of the two (2)Adjustment Factors
to be applied to the Unit Prices as noted below projects with prevailing wages (includes prevailing wages,Davis Bacon wages
and local workforce requirements):
1.Normal Working Hours
2.Other Than Normal Working Hours Refer to Section 0200 for the required language for federal or grant
requirements,including Davis Bacon,which shall apply to the federal or grant-related projects for normal and other
than normal working hours.
All Adjustment Factors shall apply to every Pre-priced Task in the Construction Task Catalog®.
Upon award of Contract(s),as projects are identified,the Contractor will jointly scope the work with the City.The City will
prepare a Detailed Scope of Work and issue a Request for Proposal to the Contractor.If the project identified is federal/grant-
funded,the contractor will be informed of grants or federal requirements at the time of request.The Contractor will then
prepare a Proposal for the project,including a Job Order Price Proposal,drawings and sketches,a list of subcontractors and
materialmen,a construction schedule,and other requested documentation.The Job Order Price shall equal the value of the
approved Job Order Price Proposal.The value of the Job Order Price Proposal shall be calculated by summing the total of
the calculation for each Pre-priced Task (Unit Price x quantity x Adjustment Factor)plus the value of all Non-Pre-priced
Tasks.If the Proposal is found to be complete and reasonable,a Job Order may be issued.
A Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time and the Job Order Price.
The Job Order Price shall be a lump sum,fixed price for the completion of the Detailed Scope of Work.By mutual agreement,
the City and the Contractor may negotiate a lump sum not to exceed total on any specific Job Order.
A separate Job Order will be issued for each project.Extra work,credits,and deletions will be contained in a Supplemental
Job Order.
A3.Assignment of Work
It is anticipated that when a project requires JOC services,the requesting department will contact the Procurement
Department to obtain a list of the next three (3)firms with the lowest awarded values in the applicable category required
for the work assignment.One of the two selection methodologies below may be used to select a firm.
A.The requesting department may select the firm with the lowest awarded value in the requested technical category
required for the work assignment and negotiate a Job Order.
B.In the alternative,the requesting department may seek statements of qualifications from the three (3)firms and
select the firm determined to be the most qualified for the work assignment.The selection process may include
telephone interviews or meetings with the firms,a review of each firm's qualifications and specific experience in
the relevant area of work,staff availability,reference checks,and prior performance.Following the selection
process,the requesting department may negotiate a Job Order,including a detailed scope and cost Proposal,
with the firm deemed to be best qualified for the work assignment.The requesting department shall include an
explanation of the selection process and the justification for the firm selected with the Job Order for the work
assignment.
The City may also consider contractor's bonding capacity when assigning work.Notwithstanding the above
distribution of work the City reserves the right to consider the following factors pursuant to Miami Beach City Code
Section 2-369 in the awarding of any work,which includes the following considerations:
(1)The ability,capacity,and skill of the Proposer to perform the contract.
(2)Whether the Proposer can perform the contract within the time specified,without delay or interference.
(3)The character,integrity,reputation,judgment,experience and efficiency of the Proposer.
(4)The quality of performance of previous contracts.
(5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract.
A3.Special Conditions
1.TERM OF CONTRACT.The term of the Agreement resulting from this RFQ shall be for an initial term of three (3)
years.The City,through its City Manager,will have the option to extend for one (1)two-year renewal term or two (2)
one-year renewal terms at the City Manager's sole discretion.The successful contractor shall maintain,for the
entirety of any renewal period,the same cost,terms,and conditions included within the originally awarded contract.
Continuation of the contract beyond the initial period,and any option subsequently exercised,is a City prerogative,
and not a right of the successful contractor.
All Job Orders issued during the term of this Contract shall be valid and in effect,notwithstanding that the Detailed
Scope of Work may be performed,payments may be made,and the guarantee period may continue after such period
has expired.All terms and conditions of the Contract apply to each Job Order.
APPENDIX B
MIAM BEACH
JOC Supplemental Conditions
Request for Qualifications
(RFQ)2024-303-WGJob Order Contracting
("JOC")for Roofing or Electrical Construction
Projects
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3rd Floor
Miami Beach,Florida 33139
JOC SUPPLEMENT AL CONDITIONS:
1.DEFINITIONS
1.1.Adjustment Factor -A competitively bid adjustment to be applied to
the Unit Prices listed in the Construction Task Catalog®
1.2.Base Term -The initial period of the Contract and does not include any
Option Terms.
1.3.Construction Task Catalog®-A comprehensive listing of construction
related tasks together with a specific unit of measure and a published
Unit Price.
1.4.Detailed Scope of Work -A document setting forth the work the
Contractor is obligated to complete for a particular Job Order.
1.5.Estimated Annual Value -An estimate of the value of Job Orders that
could be issued to the Contractor each year.
1.6.Job Order -A written order issued by the Owner requiring the
Contractor to complete the Detailed Scope of Work within the Job Order
Completion Time for the Job Order price.A project may consist of one
or more Job Orders.
1.7.Job Order Completion Time -The time within which the Contractor
must complete the Detailed Scope of Work.
1.8.Job Order Price -The value of the approved Price Proposal and the
amount the Contractor will be paid for completing the Detailed Scope of
Work within the Job Order Completion Time.
1.9.Job Order Proposal -A set of documents including:(a)Price Proposal;
(b)construction schedule;(c)list of proposed subcontractors;and (d)
other requested documents.
1.10.Joint Scope Meeting -A meeting at the site to discuss the work to be
performed before the Detailed Scope of Work is finalized.
1.11.Non-Prepriced Task -A task that is not set forth in the Construction
Task Catalog®.
1.12.Normal Working Hours -Includes the hours from 7:00 a.m.to 4:00
p.m.Monday through Friday,except for Owner holidays.
1.13.Other Than Normal Working Hours -Includes the hours of 4:01 p.m.
to 6:59 a.m.Monday through Friday and all day Saturday,Sunday,and
Owner holidays.
1.14.Option Term-An additional period of time beyond the Contract Term
which extends the termination date of the Contract.
1.15.Prepriced Task -A task set forth in the Construction Task Catalog®,
which includes a description of the task,a unit of measure,and a unit
price.
1.16.Price Proposal -A document prepared by the Contractor that includes
Prepriced Tasks,quantities,appropriate Adjustment Factors,and Non-
Prepriced Tasks required to complete the Detailed Scope of Work.
1.17.Project -The collective improvements to be constructed by the
Contractor pursuant to a Job Order or a series of related Job Orders.
1.18.Request for Job Order Proposal -A written request to the Contractor
to prepare a Job Order Proposal for the Detailed Scope of Work
referenced therein.
1.19.Supplemental Job Order -A secondary Job Order developed after the
initial Job Order has been issued to change,delete,or add work to the
initial Detailed Scope of Work,or to change the Job Order Completion
Time.
1.20.Technical Specifications -The written requirements for materials,
equipment,systems,standards and workmanship for the Work,and
performance of related services.
1.21.Unit Price -The unit price published in the Construction Task Catalog®
for a Prepriced Task.
2.CONTRACTOR SELECTION
2.1.Job Order Contracting:The City may award an individual Job Order to
any selected Contractor.Selection of the Contractor and award of the
Job Order will be in compliance with established City procedures and
based on one or more of the following criteria:
2.1.1.Rotational selection among all Contractors,unless
otherwise determined by the City.
2.1.2.Evaluation of past and current performance on Job Orders of a
similar nature and type of work,project size,construction
management challenges,schedule performance,design
management requirements,etc.
2.1.3.Balancing of work load (Job Order dollar volume and
construction backlog)among Contractors.
2.1.4.Management of Job Order dollar volume within bonding
limitations of the Contractor.
2.1.5.Price,as it relates to the City's independent cost estimate or
to an offer from any other contractor.
2.1.6.Not-To-Exceed offers (NTE Offer)submitted by two or
more Contractors through Bid Safe®.
2.1.7.Contractor's responsiveness to the City on Job Orders.
2.1.8.Other appropriate criteria as deemed in the best interest of the City.
3.INITIATION OF A JOB ORDER
3.1.As the need exists,the City will notify the Contractor of a Project,
schedule a Joint Scope Meeting and issue a Notice of Joint Scope
Meeting.
3.2.The Contractor does not have the right to refuse to perform any Project,
Prepriced Task,or Non Pre-priced Task.
3.3.The Contractor shall attend the Joint Scope Meeting and
discuss,at a minimum:
3.3.1.the general scope of the work;
3.3.2.alternatives for performing the work and value engineering;
3.3.3.access to the site and protocol for admission;
3.3.4.hours of operation;
3.3.5.staging area;
3.3.6.requirements for catalog cuts,technical data,samples and
shop drawings;
3.3.7.requirements for professional services,sketches,
drawings,and specifications;
3.3.8.construction duration;
3.3.9.liquidated damages;
3.3.1 o.the presence of hazardous materials;
3.3.11.date on which the Job Order Proposal is due.
3.3.12.determination of Wage Rate Schedule applied to Project-
Davis-Bacon (Federally funded project)or Prevailing Wage
(Non-Federally Funded Project)
3.4.Upon completion of the joint scoping process,the City will prepare a
draft Detailed Scope of Work referencing any sketches,drawings,
photographs,and specifications required to document accurately the
work to be accomplished.The Contractor shall review the Detailed
Scope of Work and request any required changes or modifications.
When an acceptable Detailed Scope of Work has been prepared,the
City will issue a Request for Job Order Proposal that will require the
Contractor to prepare a Job Order Proposal.The Detailed Scope of
Work,unless modified by both the Contractor and the City,will be the
basis on which the Contractor will develop its Job Order Proposal and
the City will evaluate the same.The Contractor does not have the right
to refuse to perform any task or any work in connection with a particular
Project.
3.5.The City may,at its option,include quantities in the Detailed Scope of
Work if it helps to define the Detailed Scope of Work,if the actual
quantities required are not known or cannot be determined at the time
the Detailed Scope of Work is prepared,if the Contractor and the City
cannot agree on the quantities required,or for any other reason as
determined by the City.In all such cases,the City shall issue a
Supplemental Job Order adjusting the quantities appearing in the
Detailed Scope of Work to the actual quantities.
3.6.If the Contractor requires additional information to clarify the Detailed
Scope of Work before preparing the Job Order Proposal,the Contractor
will make such request quickly so that the Job Order Proposal can be
submitted on time.
4.PREPARATION OF THE JOB ORDER PROPOSAL
4.1.The Contractor's Job Order Proposal shall include,at a minimum:
4.1.1.Job Order Price Proposal;
4.1.2.Required drawings or sketches;
4.1.3.List of anticipated Subcontractors;
4.1.4.Construction schedule;
4.1.5.Other requested documents.
4.2.The Job Order Price shall be the value of the approved Job Order
Price Proposal.
4.3.The value of the Job Order Price Proposal shall be calculated by
summing the total of the calculations for each Pre-priced Tasks (unit
price x quantity x Adjustment Factor)plus the value of all Non Pre-
priced Tasks.
4.4.The Contractor will prepare Job Order Price Proposals in accordance
with the following:
4.4.1.Pre-priced Task:A task described in,and for which a unit
price is set forth in,the Construction Task Catalog®.The
Contractor will select the appropriate Pre-priced Tasks,and
enter the accurate quantity,and the appropriate Adjustment
Factor.The Contractor shall use the Adjustment Factors in
effect on the date the Price Proposal is due,even though the
Job Order may be issued after the Adjustment Factors have
been updated.
4.4.2.Non Pre-priced Task:A task that is not set forth in the
Construction Task Catalog®.
4.4.3.Information submitted in support of Non Pre-priced Tasks
shall include,but not be limited to,the following:
4.4.3.1.Catalog cuts,specifications,technical data,
drawings,or other information as required to
evaluate the task.
4.4.3.2.
4.4.3.3.
If the Contractor will perform the work with its own
forces,it shall submit three independent quotes for all
material to be installed and shall,to the extent
possible,use Pre-priced Tasks for labor and
equipment from the Construction Task Catalog®.If
the work is to be subcontracted,the Contractor must
submit three independent quotes from
subcontractors.The Contractor shall not submit a
quote or bid from any supplier or subcontractor that
the Contractor is not prepared to use.The City may
require additional quotes and bids if the suppliers or
subcontractors are not acceptable or if the prices are
not reasonable.If three quotes or bids cannot be
obtained,the Contractor will provide the reason in
writing for the City's approval.If approved,less than
three quotes or bids will be allowed.
The final price submitted for Non Pre-priced Tasks
shall be according to the following formula:
A =Hourly Labor Rate (for Trades not in
the Construction Task Catalog®)x the
Quantity required
B =Direct Material Costs (supported by three quotes)
C =Direct Equipment Costs (for Equipment not in
the Construction Task Catalog®)x the Quantity
required
D =Subcontractor Costs (supported by three quotes)
E =Allowable Overhead and Profit =(A +B +C)x 15%
F =Subcontractor Allowance =D x 10%
4.4.3.4.
Total Cost of Non Pre-Priced Task=A+B +C +D +E
+F
After a Non Pre-priced Task has been approved by
the City,the Unit Price for such task may be
established,and fixed as a permanent Non Pre-
priced Task which will no longer require price
justification.The City reserves the right to request the
Contractor provide current quotes for any Non-
Prepriced Task approved previously."
The City's determination as to whether a task is a
Pre-priced Task or a Non Pre-priced Task shall be
final,binding and conclusive as to the Contractor.
4.5.Whenever,because of trade jurisdiction rules or small quantities,the
cost of a minor task in the Job Order Price Proposal is less than the cost
of the actual labor and material to perform such task,the City may permit
the Contractor to be paid for such task as a Non Pre-priced Task,or use
Pre-priced labor tasks and material component pricing to cover the
actual costs incurred.Provided,however,that there is no other work for
that trade on the Project or other work for that trade cannot be scheduled
at the same time and the final charge does not exceed $1,000.
4.6.Contractor shall make the necessary arrangements for and obtain all
filings and permits required for the Work,including the preparation of all
drawings,sketches,calculations and other documents and information
that may be required therefor.If the Contractor is required to pay an
application fee for filing a project,a fee to obtain a building permit,or
any other permit fee to the City,State or some other governmental or
regulatory agency,then the amount of such fee paid by the Contractor
for which a receipt is obtained shall be treated as a reimbursable fee
work task.The cost of expediting services or equipment use fees are
not reimbursable.
4.7.The adjustment for reimbursable fee work tasks is 1.0101.
4.8.The Contractor shall provide incidental engineering and architectural
services required in connection with a particular Job Order including
drawings and information required for filing.
4.9.The Contractor's Job Order Proposal shall be submitted by the date
indicated on the Request for Job Order Proposal.All incomplete Job
Order Proposals shall be rejected.The time allowed for preparation
of the Contractor's Job Order Proposal will depend on the complexity
and urgency of the Job Order but should average between seven and
fourteen days.On complex Job Orders,such as Job Orders requiring
incidental engineering/architectural drawings and approvals and
permits,allowance will be made to provide adequate time for
4.4.3.5.
preparation and submittal of the necessary documents.
4.10.In emergency situations and minor maintenance and repair Job Orders
requiring immediate completion,the Job Order Proposal may be
required quickly and the due date will be so indicated on the Request
for Job Order Proposal or,as described below,the Contractor may be
directed to begin work immediately with the paperwork to follow.
4.11.If the Contractor requires clarifications or additional information
regarding the Detailed Scope of work in order to prepare the Job Order
Proposal,the request must be submitted so that the submittal of the Job
Order Proposal is not delayed.
4.12.The Contractor will not be permitted to add labor hours to the Job Order
Price Proposal for time associated with ingress procedures and
inspections of labor,materials,and or equipment.
5.REVIEW OF THE JOB ORDER PROPOSAL AND ISSUANCE OF
THE JOB ORDER
5.1.The City will evaluate the entire Job Order Price Proposal and compare
these with the City's estimate of the Detailed Scope of Work to
determine the reasonableness of approach,including the
appropriateness of the tasks and quantities proposed.
5.2.The Contractor may choose the means and methods of construction;
subject however,to the City's right to reject any means and methods
proposed by the Contractor that:
5.2.1.Will constitute or create a hazard to the work,or to
persons or property;
5.2.2.Will not produce finished Work in accordance with the terms
of the Contract;or
5.2.3.Unnecessarily increases the price of the Job Order when
alternative means and methods are available.
5.3.The City reserves the right to reject a Job Order Proposal or cancel a
Project for any reason.The City also reserves the right not to issue a
Job Order if it is determined to be in the best interests of the City.The
City may perform such work by other means.The Contractor shall not
recover any costs arising out of or related to the development of the Job
Order including but not limited to the costs to attend the Joint Scope
Meeting,review the Detailed Scope of Work,prepare a Job Order
Proposal (including incidental architectural and engineering services),
subcontractor costs,and the costs to review the Job Order Proposal
with the City.
5.4.By submitting a Job Order Proposal to the City,the Contractor agrees
to accomplish the Detailed Scope of Work in accordance with the
Request for Job Order Proposal at the lump sum price submitted.It
is the Contractor's responsibility to include the necessary Pre-Priced
Tasks and Non Pre-priced Tasks and quantities in the Job Order Price
Proposal prior to delivering it to the City.
5.5.Each Job Order provided to the Contractor shall reference the Detailed
Scope of Work and set forth the Job Order Price and the Job Order
Completion Time.All clauses of this Contract shall be applicable to each
Job Order.The Job Order,signed by the City and delivered to the
Contractor constitutes the City's acceptance of the Contractor's Job
Order Proposal.A signed copy of the Job Order will be provided to the
Contractor.
5.6.In the event that immediate emergency response is necessary,the
Contractor shall be required to follow alternative procedures as
established by the City.The Contractor shall begin work as directed
notwithstanding the absence of a fully developed Request for Job Order
Proposal,Detailed Scope of Work,or Job Order.The Contractor shall
be compensated for such work as if the work had been ordered under
the standard procedures.
6.ANNUAL UPDATE OF THE CONSTRUCTION TASK CATALOG®
6.1.The Construction Task Catalog®issued with the bid will be in effect for
the first year of the Contract.
6.2.On the anniversary of the Contract,a new Construction Task Catalog®
will be furnished.The new Construction Task Catalog®will be effective
for the twelve (12)month period after the anniversary of the effective
date of the Contract.The Construction Task Catalogs®that accompany
each anniversary shall only apply to Job Orders issued after the
effective date of that specific renewal option and shall have no impact
on Job Orders issued prior to the effective date of that specific renewal
option.
6.3.The Adjustment Factors submitted with the Proposal shall be used for
the full term of the Contract,plus any Option Terms.On the annual
anniversary of the Contract,the City shall issue the Contractor a new
Construction Task Catalog®.The Contractor will be issued the new
Construction Task Catalog®for review prior to accepting new Work.
The Contractor shall use the Construction Task Catalog®in effect on
the date that the Job Order is issued.However,the Contractor cannot
delay the issuance of a Job Order to take advantage of a scheduled
update of the Construction Task Catalog®.In that event,the Contractor
shall use the Construction Task Catalog®that would have been in effect
without the delay.
7.CHANG ES IN THE WORK
7.1.The City,without invalidating the Job Order,may order changes in the
Detailed Scope of Work by adding to,changing,or deleting from the
Detailed Scope of Work,by issuing a Supplemental Job Order.
7.2.All Supplemental Job Orders shall be developed and priced in
accordance with the Procedure for Ordering Work contained in these
JOC Supplemental Conditions.
7.3.Price Proposals for Supplemental Job Orders shall include credits for
deleted Prepriced Tasks and Non-Prepriced Tasks.Deleted tasks shall
result in a credit equal to 100%of the value at which those tasks were
included in the original Price Proposal.
8.PAYM ENTS
8.1.The City will make one payment for all Job Orders that have a Job Order
Completion Time of 45 days or less,or a Job Order Price of $25,000 or
less.For all other Job Orders,the Owner may make partial,monthly
payments based on the percentage of the work completed.
8.2.Before submitting an Application for Payment (Final or Partial)the
Contractor shall reach an agreement with the Project Manager
concerning the percentage complete of the Detailed Scope of Work and
the dollar value for which the Application for Payment may be submitted.
9.PERFO RM ANCE AND PAYMENT BONDS
9.1.If required for a Job Order,the Contractor must deliver to the City an
executed Payment and Performance Bond in an amount equal to the
Job Order Price.Contractor shall supply such bonds within 7 days
after receiving a request for such bonds.The bonds shall be identical in
all respects to the form of bonds approved by the City with no variations,
additions,or deletions.The Contractor shall be compensated for the
cost of the bonds up to 2%of the Job Order Price through the
reimbursable work task in the Construction Task Catalog®.The
Contractor shall submit documentation,acceptable to the City,
establishing the cost of the bonds.
10.JOC SYSTEM LI CENSE FEE
10.1.The City of Miami Beach ("Owner")selected The Gordian Group's
(Gordian)Job Order Contracting (JOC)Solution for their JOC program.
The Gordian JOC Solution™includes Gordian's proprietary JOC
Information Management System ("JOC IMS"),JOC Applications,
construction cost data,and Construction Task Catalog®which shall be
used by the Contractor solely for the purpose of fulfilling its obligations
under this Contract,including the preparation and submission of Job
Order Proposals,Price Proposals,subcontractor lists,and other
requirements specified by the Owner.The Contractor shall be required
to execute Gordian's General Terms of Use and pay a JOC System
License Fee to obtain access to the Gordian JOC Solution"M,The JOC
System License Fee applies to all Job Orders issued to the Contractor
under the terms of the Contract.The JOC System License Fee shall
be equal to 1%of the Job Order Price.The Contractor shall include
the JOC System License Fee in the Adjustment Factors.
10.2.Within two business days of receipt of a Purchase Order from the
Owner,the Contractor must provide notification to Gordian by
forwarding a copy of the Purchase Order to Gordian.
10.3.The Contractor shall include the JOC System License Fee in the initial
payment application to the Owner.
10.4.Within two business days of receiving initial payment from the Owner,
the Contractor must provide notification to Gordian of the initial payment
by forwarding a copy of the submitted invoice to Gordian.
10.5.Upon the Contractor's receipt of the initial payment from the Owner,
Gordian will invoice the Contractor for the JOC System License Fee.
Contractor shall remit payment to Gordian within thirty (30)days of the
date of the invoice.Any amounts arising in relation to money not paid
when due will be subject to a late charge of (1.5%)per month on the
unpaid balance or the maximum rate allowed by law,whichever is less.
11.ORDER OF PRECEDENCE
11.1.In the event of conflicting provisions within the Contract Documents,
the JOC Supplemental Conditions shall take precedence.
12.THE CONSTRUCTION TASK CATALOG®
12.1.The Construction Task Catalog®is part of the Contract Documents and
included by reference.The Construction Task Catalog®is available as
a separate PDF document.
13.THE TECHNICAL SPECIFICATIONS
13.1.The Technical Specifications are part of the Contract Documents and
included by reference.The Technical Specifications are available as a
separate PDF document.
APPENDIX C
MIAM BEACH
Sample Contract
Request for Qualifications
(RFQ)2024-303-WGJob Order Contracting
("JOC")for Roofing or Electrical Construction
Projects
PROCUREMENT DEPARTMENT
1755 M eridian Avenue,3d Floor
M iam i Beach,Florida 33139
CONTRACT
THIS CONTRACT ("Contract")is made and entered into as of the day of_
,2024,by and between the City of Miami Beach,Florida,a
municipal corporation (the "City")and
(the "Contractor"):
WTTNESSETH,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:
RFQ 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 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 as if fully set forth herein.
This Contract is part of,and incorporated in,the Contract Documents as defined
herein.Accordingly,all of the documents incorporated by the Contract Documents
shall govern this Project.
The Contract is an indefinite-quantity contract for construction work and services.
"The Contractor shall perform all work required,necessary,proper for or incidental
to completing the Detailed Scope of Work called for in each individual Job Order
issued pursuant to this Contract for the Unit Prices set forth in the Construction
Task Catalog®and the following Adjustment Factors:
For each category of work (roofing,electrical),the City may negotiate any or all of
the four (4)Adjustment Factors to be applied to the Unit Prices as noted below for
projects not pursuant to federal or other grants;
Normal Working Hours Adjustment Factor:means the hours contained in the
applicable noise ordinance,and in the event there is no applicable noise
ordinance,means the hours from 7:00 a.m.to 4:00 p.m.Monday through Friday,
except for City Holidays:
Other Than Normal Working Hours Adjustment Factor:means the hours outside
the applicable noise ordinance,and in the event there is no applicable noise
ordinance,means the hours of 4:01 p.m.to 6:59 a.m.Monday through Friday and
all day Saturday,Sunday,and City Holidays:
Normal Working Hours Adjustment Factor -Prevailing Wages and Local Workforce
per Chapters 31-27 and 31-40 of the City code (See Appendix D):means the hours
contained in the applicable noise ordinance,and in the event there is no applicable
noise ordinance,means the hours from 7:00 a.m.to 4:00 p.m.Monday through
Friday,except for City Holidays:
Other Than Normal Working Hours Adjustment Factor -Prevailing Wages and
Local Workforce per Chapters 31-27 and 31-40 of the City code (See Appendix
D):means the hours outside the applicable noise ordinance,and in the event there
is no applicable noise ordinance,means the hours of 4:01 p.m.to 6:59 a.m.
Monday through Friday and all day Saturday,Sunday,and City Holidays:
In addition,for each category of work (roofing,electrical),the City may negotiate
any or all of the four (4)Adjustment Factors to be applied to the Unit Prices as
noted below for projects pursuant to federal or other grants;
Normal Working Hours Adjustment Factor:means the hours contained in the
applicable noise ordinance,and in the event there is no applicable noise
ordinance,means the hours from 7:00 a.m.to 4:00 p.m.Monday through Friday,
except for City Holidays:
Other Than Normal Working Hours Adjustment Factor:means the hours outside
the applicable noise ordinance,and in the event there is no applicable noise
ordinance,means the hours of 4:01 p.m.to 6:59 a.m.Monday through Friday and
all day Saturday,Sunday,and City Holidays:
Normal Working Hours Adjustment Factor -Davis Bacon Wages:means the hours
contained in the applicable noise ordinance,and in the event there is no applicable
noise ordinance,means the hours from 7:00 a.m.to 4:00 p.m.Monday through
Friday,except for City Holidays:
Other Than Normal Working Hours Adjustment Factor -Davis Bacon Wages:
means the hours outside the applicable noise ordinance,and in the event there is
no applicable noise ordinance,means the hours of 4:01 p.m.to 6:59 a.m.Monday
through Friday and all day Saturday,Sunday,and City Holidays:
Partial and Final Payments will be made as provided for in the Contract Documents.
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:
Attn:
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
For Contractor:
Attn:
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:
APPENDIX D
MIAMI BEACH
PREVAILING WAGES AND
LOCAL WORKFORCE
CHAPTERS 31-27 AND 31-
40
Request for Qualifications
{RFQ)2024-303-WGJob Order
Contracting {"JOC")for Roofing or
Electrical Construction Projects
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3rd Floor
Miami Beach,Florida 33139
ARTICLE II.CONSTRUCTION CONTRACTS-MINIMUM WAGES AND BENEFITS 1
Sec.31-27.Establishment of minimum wages.
(a)Definitions."City construction contract"shall mean every contract in excess of $1,500,000,where:
(1)The city is a party to a contract for the construction,demolition,alteration and/or repair of a city
building,facility or other public improvement;or
(2)The construction project is developed by persons or entities other than the city,pursuant to a (i)
development agreement with the city,(ii)ground lease,or (iii)management agreement with the
city having a term of ten years or more (including renewal terms),and such agreement provides
for construction,demolition,alteration and/or repair of buildings or improvements located on city-
owned land,whether privately-funded or otherwise.
(bl Prevailing wage requirements.Except for projects exempted pursuant to section 31-31 of this article,every
city construction contract shall include a provision 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 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,in the
City of Miami Beach,Florida.
(c)[Recom mendation of increase to threshold.]Every three years commencing in 1997,the city manager shall
present a report to the city commission regarding increases in the Construction Cost Index for South Florida,
if any,and shall recommend to the city commission whether there should be an adjustment to the
$1,500,000.00 threshold.In the event that the city manager recommends an adjustment,the city
commission shall hold a public hearing regarding an amendment to this article to consider the adjustment.
(Ord.No.2021-4405,5 1,3-17-21)
Sec.31-28.Implementation by the federal register.
The prevailing wage rate and fringe 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 specifications by the City of Miami Beach in connection with its invitation for bid.
(Ord.No.2021-4405,$1,3-17-21)
Sec.31-29.Notice requirement.
On the date on which a laborer or mechanic commences work on a city 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.
(Ord.No.2021-4405,5 1,3-17-21)
Sec.31-30.Preemption by federal funding.
When city construction contracts involve federal funding or are otherwise subject to the provisions of the
Davis-Bacon Act [40 U.S.C.276(a)],this article shall not apply,and the minimum wages to be paid the various
1Editor's note(s)-Ord.No.2021-4405,adopted March 17,2021,amended art.II in its entirety to read as herein
set out.Former art.II pertained to the same subject matter,and derived from Ord.No.86-2507,adopted
July 9,1986;Ord.No.94-2960,adopted December 21,1994;and Ord.No.2020-4327,adopted January 15,
2020.
classes of laborers,mechanics and apprentices shall be based upon the wages determined by the Secretary of
Labor in accordance with the Davis-Bacon Act [40 U.S.C.276(a)].
(Ord.No.2021-4405,$1,3-17-21)
Sec.31-31.Exceptions.
The provisions of section 31-27 shall not apply to the following projects:
(a)Water,except water treatment facilities and lift stations.
(b)Sewer,except sewage treatment facilities and lift stations.
(c)Storm drainage.
(d)Road construction,except bridges or structures requiring pilings.
(e)Beautification projects which may include resurfacing new curbs,gutters,pavers,sidewalks,
landscaping,new lighting,bus shelters,bus benches and signage.
(f)Proposed parking garage projects located at Seventh Street and Collins Avenue,Tenth Street
and Collins Avenue,Thirteenth Street and Collins Avenue,Twelfth Street and Washington
Avenue and the Seventeenth Street garage renovation project;however future parking structures
not specified herein and estimated to cost in excess of $1,000,000.00 shall not be exempt.
(g)Emergency projects pursuant to section 2-396 of the city Code.
(h)Affordable housing or workforce housing projects.
(i)Any project covered under subsection 31-27(a)(2)of the city Code,where the development
agreement,ground lease,or management agreement was entered into prior to June 1,2021,or
where the contract was entered into pursuant to any competitive solicitation issued prior to June
1,2021.
(j)Any project covered under section 31-27(a)(2)of the city Code,for which the city commission,by
resolution approved by a 5/7ths vote,has waived the requirements of this article,finding such
waiver to be in the best interest of the city.
(Ord.No.2021-4405,§1,3-17-21)
Sec.31-32.Certified payroll reporting requirement.
(a)All city construction contracts covered under section 31-27(a)(1)of the city code,including contracts for
exempt city projects pursuant to subsections 31-31(a)through (g)of the city Code,shall include a provision
requiring the contractor to submit certified payroll records along with each payment application,to allow the
city to verify the wage rates paid to construction workers performing work on city projects.
(b)For city construction contracts covered under section 31-27(a)(2)of the city Code,the development
agreement,ground lease or management agreement with the city shall include a contract provision requiring
the developer,ground lessee,or manager/operator,as applicable,to obtain certified payroll records from its
construction contractor,and to submit such certified payroll records to the city upon request,to allow the
city to audit the wage rates paid to construction workers performing work on the city construction project.
(c)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.
The requirements of this section shall be reviewed annually by the finance and city-wide projects committee
(or successor committee),at which time the committee will provide an advisory recommendation to the city
commission as to whether to continue to maintain this section in force and effect.
(Ord.No.2021-4405,5 1,3-17-21)
Secs.31-3331-39.Reserved.
ARTICLE Ill.LOCAL WORKFORCE PARTICIPATION GOALS AND
REPORTING REQUIREMENTS FOR CITY CONSTRUCTION
CONTRACTS
Sec.31-40.Local workforce participation goals and reporting requirements for city
construction contracts.
(1)Definitions.The following words,terms,and phrases,when used in this article,shall have the
meanings ascribed to them in this section,except where the context clearly indicates a different
meaning:
(a)City construction contract means (i)a city contract valued in excess of the contract
threshold established in section 31-27 for the construction,demolition,alteration and/or
repair of city buildings or city public works,or (ii)a contract valued in excess of the
contract threshold established in section 31-27 which provides for privately-funded
construction,demolition,alteration and/or repair of buildings or improvements located on
city-owned land.
(b)Department means the department responsible for managing the awarded city
construction contract as designated by the city manager.
(c)Contractor means any person or entity providing construction services pursuant to
subsection (1 )(a).
(2)Implementation.The provisions of this article shall apply to city construction contracts that:a)are
subject to section 31-27 of article II of this chapter;and b)are awarded pursuant to an invitation to
bid (1TB)or Request for Qualifications (RFQ)issued by the city on or after April 1,2017.
(3)General requirements.
(a)Except where state,county or federal laws or regulations,or other approved granting
agencies,mandate to the contrary,all contractors and subcontractors of any tier
performing on a city construction contract shall satisfy the requirements of this article.
(b)As a condition of submitting a bid or proposal for a city construction contract,a general
contractor,construction manager,or other contractor seeking award of a contract,shall
submit a responsible contractor affidavit,as provided in subsection (4)(a)(1),with its bid
or proposal.The city shall provide notice to any contractor who fails to submit a
responsible contractor affidavit that said contractor has 48 hours from the time of
notification to submit a responsible contractor affidavit or its bid or proposal will be
deemed nonresponsive and disqualified from consideration.
(c)The responsible contractor affidavit shall be completed on a standard form authorized by
the procurement director and shall reference the city construction contract for which a bid
or proposal is being submitted by name and contract or project number.Any city agency,
department,or other party responsible for administering a city construction contract shall
require contractors to use the standard form authorized by the procurement director.
(d)A city construction contract shall not be executed until all requirements of this section
have been fulfilled.
(e)No contractor shall receive final payment for completion of a city construction contract
until the city receives a completed workforce performance report submitted pursuant to
subsection (4)(b).
(4)Responsible contractor affidavit and reporting requirements;contractor past performance.
(a)Responsible contractor affidavit.A construction manager,general contractor,or other
contractor submitting a bid or proposal for a city construction contract shall:
1.The contractor shall affirm that it will make good-faith,reasonable efforts to
promote employment opportunities for Miami-Dade County residents by
seeking to achieve a project goal of having 30 percent 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.
(b)Local workforce performance report.Before its final application for payment of a city
construction contract,the contractor responsible for the project shall submit a workforce
performance report to the city which shall include the following information on the
workforce employed in the execution of the contract:
1.The total number of construction labor work hours performed on the project,
and the number and percentage of such work hours performed by Miami
Beach and Miami-Dade County residents;
2.Supporting documentation verifying construction labor work hours performed
by Miami Beach and Miami-Dade County residents;
3.Supporting documentation verifying reasonable efforts to promote
employment opportunities for Miami Beach and Miami-Dade County
residents if the project goal of 30 percent of all construction labor hours to be
performed by Miami-Dade County residents is not met.
(c)Contractor's past performance.When evaluating a prospective contractor's bids or
proposals for future city construction contracts,in addition to those factors identified in
section 2-369 of the city Code for determination of award,the contractor's past record of
meeting local workforce goals and complying with reporting requirements of this article
shall be considered.
(Ord.No.2016-4030,5 1,9-14-16;0rd.No.2020-4327,$2,1-15-20)
ATTACHMENT C
SUNBIZ &PROPOSAL RESPONSE TO 1TB
D J IO ofC0PATIO
an officiu!tut of Florilu wtat
DIVISION OF CORPORATIONS
Department of State I Division of Corporations I Search Records l Search by Entity_Name l
Detail by Entity Name
Florida Profit Corporation
ADVANCED ROOFING,INC.
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
G65116
59-2360591
10/08/1983
FL
ACTIVE
CORPORATE MERGER
06/28/2001
NONE
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Changed:04/10/2015
Mailing Address
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Changed:04/10/2015
Registered Agent Name &Address
KORNAHRENS,KEVIN
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Name Changed:04/29/2015
Address Changed:04/09/2018
Officer/Director Detail
Name &Address
Title PSD
Kornahrens,Robert
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Title Treasurer,VP
Kornahrens,Kevin
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Title VP
CARRUTH,JASON
200 NORTHSTAR COURT
SANFORD,FL 32771
Title VP
Kornahrens,Michael
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Title VP
Sackman,Clinton
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Title CFO
Craig,Diane
1950 NW 22ND STREET
FORT LAUDERDALE,FL 33311
Annual Reports
Report Year
2022
2023
2024
Filed Date
01/05/2022
01/13/2023
01/09/2024
Document Images
01/09/2024 --ANNUAL REPORT
01/13/2023 --ANNUAL REPORT
09/21/2022 --AMENDED ANNUAL REPORT
01/05/2022 --ANNUAL REPORT
01/07/2021 --ANNUAL REPORT
01/06/2020 --ANNUAL REPORT
03/29/2019 --ANNUAL REPORT
094/09/2018--ANNUAL REPORT
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02/21/2017 --ANNUAL REPORT View image in PDF format
11/29/2016--AMENDED ANNUAL REPORT View image in PDF format------------~
Q4/26/2016--ANNUAL REPORT View image in PDF format
01/22/2016 --Off/Dir Resignation View image in PDF format
Q4/29/2015--Reg.Agent Change View image in PDF format
04/15/2015 --AMENDED ANNUAL REPORT View image in PDF format
04/10/2015 --ANNUAL REPORT View image in PDF format
08/27/2014 --AMENDED ANNUAL REPORT View image in PDF format------------~
03/12/2914 --Reg.Agent Change View image in PDF format
02/28/2014 -ANNUAL REPORT View image in PDF format
01/22/2013 --AMENDED ANNUAL REPORT View image in PDF format------------~
01/17/2013 --ANNUAL REPORT View image in PDF format
93/06/2012_--Reg._gent Change View image in PDF format
01/04/2012 --ANNUAL REPORT View image in PDF format
02/15/2011 --ANNUAL REPORT View image in PDF format
01/27/2010 --ANNUAL REPORT View image in PDF format
05/05/2009 --ANNUAL REPORT View image in PDF format
03/09/2009 --ANNUAL REPORT View image in PDF format
02/28/2008 --ANNUAL REPORT View image in PDF format
02/08/2007 --ANNUAL REPORT View image in PDF format
02117/2006 --ANNUAL REPORT View image in PDF format
05/03/2005 --ANNUAL REPORT View image in PDF format
03/17/2004 --ANNUAL REPORT View image in PDF format
02/12/2003 --ANNUAL REPORT View image in PDF format
03/14/2002 --ANNUAL REPORT View image in PDF format
Q6/28/2Q91 --Merger View image in PDF format
04/02/2001 --ANNUAL REPORT View image in PDF format
04/13/2000 --ANNUAL REPORT View image in PDF format
03/06/1999 --ANNUAL REPORT View image in PDF format
02/03/1998 --ANNUAL REPORT View image in PDF format
04/21/1997 --ANNUAL REPORT View image in PDF format
05/01/1996 --ANNUAL REPORT View image in PDF format
01/20/1995 --ANNUAL REPORT View image in PDF format
01/20/1995 --ANNUAL REPORT View image in PDF format
BID SUBMITTAL QUESTIONNAIRE
SECTION 1--BID CERTIFICATION FORM
This document is a REQUIRED FORM that must be submitted fully completed and submitted.
Solicitation No:
BID NUMBER
Solicitation Title:
PROJECT TITLE
B ID D E R 'S N A M E :A dvanced Roofing,Inc.
NO .O F Y EA R S IN BU S IN E S S :40 years I NO .OF YEARS IN BUSIN ESS LO CALLY:40 I NO .OF EM PLOYEES:72 0
years
O TH E R NA M E (S )BID D E R HA S O P E RA TE D UN D E R IN TH E LA S T 1O Y EA R S :NIA
BID D E R PR IM A R Y A D D R E S S (H E A D Q U A RTE R S ):1950 NW 22nd S t.
C ITY :Fort Lauderdale
STATE :FL I ZIP CO DE:33311
T E LE P H O N E N O .:(954 )522-68 68
T O LL FR E E N O .:(800)638-6869
FAX N O .:(954 )566-2967
BID D E R LO C A L A D D R E S S :1950 NW 22nd St.
C ITY :Fo rt Lauderda le
STAT E :FL I ZIP CO D E:33311
PR IM A R Y A C C O U N T R E P R E S E N TATIV E FO R TH IS EN G A G E M E N T:Steve Schoen
AC C O U N T R E P TE LE P H O N E NO .954 4 05-7573
AC C O U N T R E P TO LL FR E E NO .:(800)638 -6 869
AC C O U N T R E P EM A IL:SteveS @ advancedroofing.com
FE D E R A L TAX ID EN TIFIC ATIO N NO .:59-2360591
By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms
and conditions of this document and the solicitation,including all addendums specifications,
attachments,exhibits,appendices and any other document referenced in the solicitation 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)if 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 and Title of Bidder's Authorized
Representative:
Robert P.Kornahrens,President
Signature of Bidder 's Authorized
Representative:
Robert P.Kornahrens
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 Enter Initial Enter Initial to
to Confirm to Confirm Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
SECTION 3 -CONFLICT OF INTEREST
All bidders must disclose the name(s)of any officer,director,agent,or immediate
family member (spouse,parent,sibling,and child)who is also an employee of the City
of Miami Beach.Further,all bidders must disclose the name of any City employee who
owns,either directly or indirectly,an interest of ten (10%)percent or more in the bidder
entity or any of its affiliates.
FIRST AND LAST NAME RELATIONSHIP
1
2
3
4
5
6
SECTION 4 -FINANCIAL CAPACITY
At time of request by the City,bidder shall request that Dun &Bradstreet submit
its Supplier Qualifier Report directly to the City,with bid or within_three (3)days
of request._Bidder shall arrange for Dun &Bradstreet to submit a Supplier
Qualification Report (SQR)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://supplierportal.dnb.com/webapp/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.
SECTION 5 -REFERENCES AND PAST PERFORMANCE
Project No.BID NUMBER
Project Title PROJECT TITLE
Bidder shall submit at least three (3)references for whom the bidder has completed
work similar in size and nature as the work referenced in solicitation.Bidder may
submit additional references as part of its bids submittal.
Reference No.1
Firm Name:City of Coconut Creek
Contact Individual Name and Title:Ted Risberg Ill,Senior Project Manager
Address:4800 West Copans Rd.
Telephone:954-956-1453
Contact's Email:TRisberg@coconutcreek.net
Narrative on Scope of Services Provided,Project Budget,and Project Dates:
Re-Roof project.Removed existing Modified Bitumen roof system and installed a TPO
roof system.
Reference No.2
Firm Name:MV7 Inc.(Primary Contractor)
Contact Individual Name and Title:
Address:Ken Shiver,Operations Manager
Telephone:352-262-0915
Contact's Email:kshiver@mv7usa.com
Narrative on Scope of Services Provided,Project Budget,and Project Dates:
Miami Job Corps Center re-roof project.Removed existing BUR roof system and installed
a EPDM roof system.
Reference No.3
Firm Name:City of Miami Beach
Contact Individual Name and Title:Olga Sanchez,Facilities Capital Projects
Coordinator
Address:1833 Bay Road,2nd Floor,Miami Beach,FL 33139
Telephone:786-367-7253
Contact's Email:olgasanchez@miamibeachfl.gov
Narrative on Scope of Services Provided,Project Budget,and Project Dates:
Re-roof project.Tear off Tapered ISO and BUR to concrete and installed ISO.
SECTION 6 -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 any public sector agency?
[]YEs [@]No
If answer to above is "YES,"bidder shall submit a statement detailing the reasons that
led to action(s):
SECTION 7 -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?
[@]YEs [@ ]No
SECTION 8 -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?
[@]YEs [@ ]No
SECTION 9 -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 Form-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 and Title of Bidder's Authorized
Representative:
Robert P.Kornahrens,President
Signature of Bidder 's Authorized
Representative:
Robert P.Kornahrens
SECTION 10 -SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1)This Contract is a covered transaction for purposes of 2 C.F.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.F.R.§180.995),or its affiliates (defined at 2 C.F.R.§180.905)are excluded
(defined at 2 C.F.R.§180.940)or disqualified (defined at 2 C.F.R.§180.935).
(2)The Contractor must comply with 2 C.F.R.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 it 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."
By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and
Debarment Certification.
Name and Title of Bidder's Authorized
Representative:
Robert P.Kornahrens,President
Signature of Bidder's Authorized
Representative:
Robert P.Kornahrens
SECTION 11--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.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI
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@miamibeachfl.gov .
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.
SECTION 12-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.miamibeachfl,gov/city-hall/procurement/procurement-related-ordinance-
and-procedures/
Bidder will submit firm's Code of Business Ethics within three (3)days of request by
the City?
@ ]YES D I NO
Bidder adopts the City of Miami Beach Code of Business Ethics?[cg ]Es [@]No
SECTION 13-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 of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO)
•Campaign Contribution Requirements sections 2-487 and 2-488 of City Code
(https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE)
By virtue of submitting bid,bidder certifies or affirms that they have read and
understand the above Lobbyist Registration &Campaign Contribution Requirements.
SECTION 14-NON-DISCRIMINATION
The Non-Discrimination ordinance is available at:
https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA
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.
SECTION 15-FAIR CHANCE REQUIREMENT
The Fair Chance Ordinance No.2016-4012 is available at:
https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH62HURE ARTVFACHOR
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.
SECTION 16-PUBLIC ENTITY CRIMES
Please refer to Section 287 .133(2)(a),Florida Statutes,available at:
https://www.flsenate.go/Laws/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.
SECTION 17-VETERAN BUSINESS ENTERPRISES PREFERENCE
Pursuant to City of Miami Beach Ordinance No.2011-
3748,https://library.municode.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?
[]YEs [@]No
Is the bidder a service-disabled veteran business enterprise certified by the United States
Federal Government?
[@]YEs []No
SECTION 18-MORATORIUM ON TRAVEL TO ANO 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.
D I YES @ ]No
CC-C024413
EXPERIENCE MATTERS
ADVANCE□t11·R·□~-□-F~l~N=G=.~
~ESTABLISHED 1983
TAB 1
Cover Letter,Table of Contents,&Minimum
Qualification Requirement
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22°Street /Fort Lauderdale/Florida 33311
CC-C024413
May 23,2024
EXPERIENCE MATTERS
ADVANCE□r11 R□-□F"IN G.S
ESTABLISHED 1983
City of Miami Beach
Procurement Department
1755 Meridian Ave.,3'Floor
Miami Beach,Fl 33139
Representative Contact:
Steve Schoen
Advanced Roofing,Inc.
1950 NW 22%St.
Fort Lauderdale,Fl 33311
SteveS@advancedroofing.com
954-405-7573
RE:Solicitation 2024-303-WG
We are writing to express our interest in submitting a roofing proposal for the Job Order Contracting for
Roofing Construction Projects.With a strong background in roofing,we are excited about the opportunity
to contribute to this opportunity.
Thank you for considering our proposal.We look forward to working on this Job Order Contract with the
City of Miami Beach.
Sincerely,
2e pD.{aal ens
Robert P.Kornahrens
President
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22'Street ]Fort Lauderdale]Florida 33311
State of Florida
Department of State
I certify from the records of this office that ADVANCED ROOFING,INC.is a
corporation organized under the laws of the State of Florida,filed on October 8,
1983.
The document number of this corporation is G65116.
I further certify that said corporation has paid all fees due this office through
December 31,2024,that its most recent annual report/uniform business report
was filed on January 9,2024,and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee,the Capital,this
the Ninth day of January,2024
Tracking Number:8321108239CC
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
Ron Desantis,Governor
STATE OF FLORIDA
•Griffin,Secretary d ~mir
a l)k)
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTIONINDUSTRYLICENSING BOARD8'%,
THE ROOFING CONTRACTORHEREINISCERTIFIED UNDER THE
PRovsIoNs or c+4ertRas,rLoRiDA STATUTES
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ANCEDROOFING IN
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LICENSE NUMBER:CCC024413
EXPIRATION DATE:AUGUST 31,2024
Always verify licenses online at MyFloridalicense.com
Do not alter this document in any form.
This is your license.It is unlawful for anyone other than the licensee to use this document.
Ron DeSantis,Governor
STATE OF FLORIDA
•G iffin,Secretary d ~b!irMelarne5.'u fill,
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
coNsTRUCTONINPUSTRYUCENSING oARD
THE GENERAL CONTRACTORHEREINSCERTIFIED UNDER THE
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EXPIRATION DATE:AUGUST 31,2024
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s:arr,[Eu]
%8 Do not alter this document in any form .
This is your license.It is unlawful for anyone other than the licensee to use this document.•
Melanie s.Gdffin,Seccetary d r:,a r
~~v STATE OF FLORIDA JD
a"°°EPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Ron DeSantis,Governor
CONSTRUCTIONINDUSTRYLICENSING BOARD
M i 9u.A
THE CLASS A AIR CONDITIONING CONTRACTORHEREINJS CERTIFIED UNDER THE
PROVISIONSOCApTER489,FLO RID A STATUTESheh""i'"gg ggf "
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EXPIRATION DATE:AUGUST 31,2024
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Do not alter this document in any form .
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Ron DeSantis,Govern or Melanie s.Griffin,Secretary d r:,a~r
STATE OF FLORIDA pJ)
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRIC.A-CONTRACTORS'UCENSING BOARD
T H E ELECT RIC A L CO NTRA CTO R HEREINIS CERTIFI ED UND ER THE
PROVISIONS or CAPTER489,FLORIDA STATUTES'l -----
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EXPIRATION DATE:AUGUST 31,2024
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Do not alter this document in any form.
This is your license.It is unlawful for anyone other than the licensee to use this document.
Ron DeSantis,Governor
STATE OF FLORIDA
a l•G "ffin,Secretary d ~kffir
l[O p [
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTIONINDUSTRYLICENSING BOARD
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EXPIRATION DATE:AUGUST 31,2024
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Do not alter this document in any form.
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NA BCEP
Raising Standards.Promoting Confidence.
PV Installation
Professional
Cerufication #PV-101913-002781
Expires 12/19/2025
®The North American Board of
Certified Energy Practitioners
does hereby recognize that
CLINTON SOCKMAN
has satisfied the requirements and standards for the
PV Installation Professional
established by the NABCEP Board of Directors.
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Donald B.Warfield,Board Chairfnan
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CERTIFIED
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Photovoltaic
Cerufication PVSI-072019-028634
Expires 09/20/2025
The North American Board of
Certified Energy Practitioners
does hereby recognize that
YANFEI DING
has satisfied the requirements and standards for the
Photovoltaic System Inspector
established by the NABCEP Board of Directors.
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Donald B.Warfield,Board Chairfn an
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Certification #PV-120521-013589
Expires 12/04/2024
®The North American Board of
Certified Energy Practitioners
does hereby recognize that
THOMAS GRIFFITH
has satisfied the requirements and standards for the
PV Technical Sales Professional
established by the NABCEP Board of Directors.
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Donald B.Warfield,Board ck,
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Ron Desantis,Governor
STATE OF FLO RIDA
Melanie S.Griffin,Secretary FBPE
FLORIDA BOARD OFPROFESSIONALENGINEERS
BO A RD OF PROFESSIONALE NGINEERS
me o rs.sos6teak#aiis@seavsco ovos rte
PROVISIONS orC#APTER 471,FLORIDA STATUTES
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.±ws,]mmrrmEXPIRATIONDATE:FEBRUARY 28,2025
Always verify licenses online at MyFloridalicense.com
#ills%ifl?Do not alter this document in any form.
This is your license.It is unlawful for anyone other than the licensee to use this document.
Ron DeSantis,Governor
STATE OF FLORIDA
Melanie S.Griffin,Secretary FBPE
FLORIDA BOARD OFPROFESSIONALENGINEERS
BOARD OF PROFESSIONAL ENGINEERS+p p,po,<,MA>Mr4
THE PROFESSIONAL ENGINEERHEREINISLICENSED UNDER THE
PROVISIONS OF CHAPTER 471,FLORIDA STATUTES
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LICENSENUMBER:PE85793Tr"rmEXPIRATIONDATE:FEBRUARY 28,2025
Always verify licenses online at MyFloridalicense.com
Do not alter this document in any form.
This is your license.It is unlawful fo r anyone other than the licensee to use this document.
EXPERIENCE MATTERS.
ADVANCED ~~R□□FING.~
ESTABLISHED 1983CC-C0244 l3
TAB2
Experience &Qualifications
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street /Fort Lauderdale]Florida 33311
CC-C0244l3
EXPERIENCE MATTERS.
ADVANCEO[i]R□□FING.S
ESTABLISHED 1983
COMPANY BIO
Advanced Roofing,Inc.is uniquely positioned to bring the most innovative roofing techniques
and products our customers.ARI began in 1983 and has since grown to be South Florida's
premier commercial roofing specialist.We have become a full-service roofing contractor,
consisting of:a service department providing repairs and maintenance,metal roofing
department,HVAC department,a custom sheet metal fabrication department,crane division,
electrical division and solar/renewable energy department.
We fully acknowledge and understand the challenges inherent in every roofing project;
particularly the specialty work required on occupied buildings.Our extensive experience in
roofing occupied government facilities has made us mindful and aware that we must
accommodate you in having as little disruption as possible during the roofing process.
We are pleased to announce that we have won "The Excelle Protection Award".We received
this honor (in which only 35 out of thousands of contractors received this award in the USA).
You can count on ARI to bring over 4 years of impeccable service along with our outstanding
safety record throughout every phase of the project.You can expect constant communication,
excellent workmanship and superior service from start to finish.Any challenge is an opportunity
for us to bring a solution.From the time you sign with us,we've got it all covered.When we say
we'll do something,you can swear by it.
Established in 1983,Advanced Roofing,Inc.is a full-service commercial roofing company.With
"Commitment to Quality"through solving customers'needs with premium materials and
excellent craftsmanship,Advanced Roofing has been named one of the top ten roofing
contractors in the United States.Licensed,bonded and insured,Advanced Roofing's dedication
to safety,professionalism,and quality work is signified through the satisfaction of hundreds of
customers.Advanced Roofing has your solutions all under one roof.
In addition,due to Advanced Roofing's elite status in the industry,we are able to provide our
customers with additional benefits including:
•Named #1 Roofing Contractor in South Florida
•$150 million Bonding Capacity
•Additional Captive Insurance
•FPL Approved Contractor
•Certified with all major manufacturers
•Full Safety Division
•In-house Sheet Metal Department,Crane Division,HVAC,Electrical,Lightning
Protection,Solar
•24/7 Service and Emergency Repairs
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale/Florida 33311
CC-C024413
EXPERIENCE MATTERS.
ADVANCED~R□□f"ING.S
ESTABLISHED 1983
We offer a wide variety of roof systems to fit your needs,and we are certified by every major
material manufacturer to install the highest quality roofing systems with the best warranties.
Our goal is to make the roofing process easy and hassle free for you,our customer.Roofing of
occupied buildings is a highly technical process.Our experience constantly improves,from
protecting the property,documentation,existing conditions,pre-construction,job meetings,
code compliance,involving building departments,manufacturers'representatives,close out and
getting other recommendations from you.Our roofing department has over 500 expertly
trained Construction Managers,foreman,roofing mechanics and laborers.They are all
intensively trained in roofing safety procedures.
Our service department handles all major and minor problems that may occur on your roof
quickly,efficiently,and at a reasonable cost.With over 1,500 buildings,totaling over 15.5 million
square feet of roof,under Advanced Roofing's Proactive Maintenance Agreement,our
commitment to service speaks for itself.Advanced Roofing's dedication to clients has allowed
Advanced Roofing to grow,expand,and service the roofing needs of some of Florida's biggest
businesses,government entities,schools,and more.
In 1994,Advanced Roofing established DBA Advanced Air Systems to specialize in HVAC new
construction,retrofit,unit change outs,service repairs,and maintenance solutions for
residential,commercial,industrial,institutional and historical properties throughout Florida.
Advanced Air Systems holds a Class A license with services unlimited in the execution of
contracts requiring the experience,knowledge,and skill to install,maintain,repair,fabricate,
alter,extend,or design central air-conditioning,refrigeration,heating,and ventilating systems.
Our solar division,Advanced Green Technologies,has grown to one of the largest commercial
solar energy Engineering,Procurement,and Construction (EPC)Firms and Roofing Contractors in
the United States.We have completed more than 500 successful DESIGN-BUILD solar
installations throughout the globe totaling over 350 megawatts of clean energy.Finished
projects include Florida's largest privately owned,non-utility and non-governmental solar array
for the Lockheed Martin Corporation,along with installations in the Northeast United States for
organizations such as Toys R Us and Konica Minolta.
Our solar team consists of world class construction industry personnel built over the last decade
with diverse backgrounds General Construction,Electrical,Structural,and Utility Scale Solar and
Roofing construction.To ensure that the highest design,installation and safety standards are
met,we employ both NRCA RISE and NABCEP certified installers.With the two most highly
regarded PV installer certifications in the world,we are committed to having all designs and
installations supervised and approved by a certified installer,and a Florida P.E.These
certifications are in addition to the State of Florida Solar License,State of Florida General
Contractors Licenses (2),and State of Florida Roofing Licenses (S)we also currently have on
staff.
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale]Florida 33311
CC-C0 244l3
EXPERIENCE MATTERS.
ADVANCED~R□□F"ING.S
ESTABLISHED 1983
FULL TIME EMPLOYEES
Estimators 26
Field Supervisors 75
Tradespeople 444
Clerical/Accounting 50
Other 116
Total 711
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale]Florida 33311
CONTRACT ADVANCED ROOFING TERM CONTRACTS CONTRACT COMMENCE YEAR CONTRACT CONTRACT REMAININGTYPE&RENEWALS RENEWALS EXPIRATION PHONE NUMBERTERMSRENEWEDRENEWALS
SOUTH AREA TERM CONTRACTS
TERM Port Everglades/Broward County 2022,2023 1-Year 4-0ne Year 8/9/2024 8/10/2023 3-0ne Year Erika Ventura-Garcia 954-468-3517-
eventuraarcia@broward.oreTERMPalmBeachCountyAnnualContract-Roofing 1999,2008,2010,2011,2012,5-Years 11/16/2025 1/10noo A Charlene LaMattina
2013,2014,2015,2020 ,'..:
TERM Broward College 2001,2007,2010,2011,2013,3 Years 2-0One Year 5/18/2024 11/7/202a 1-One Year Orlando Aponte 954-201-7897
2015,2020 •TERM -Piggyback Village of Key Biscayne (Piggybacking Broward College)2023 2-One Year 5/18/2024 "1-One Year Daren Jairam 305-365-7577
TERM-School District of St.Lucie County (Piggybacking Broward College)2011,2013,2020 3 Years 2-One Year 5/18/2023 o'2-0ne Year Bob Massa 772-785-6687Piggybacky
TERM $BBC -Construction Services Emergency Projects (CSEP)-FY23-164 2005,2007,2010,2012,2013,3 Year 2-One Year 8/16/2025 2-0ne Year Luis Perez 754-321-0515
2014-new contract 2018,◊
New Contract 2022 .,o
Term Town of Davie-Misc Roofing Services R2020-180 (RFP-RM-20-21)2020 2 Year 1-Two Year 6/9/2024 5/18/2022 Jasmine Carter [carter@dayie-fI.gov
TERM SBC -Construction Services Minor Projects (CSMP)-FY20-130 -Single Fixed 2005,2008,2011,2013,2014,3 Year 2-One Year 5/1/024 1-One Year Cheryl Fields 754-321-0555
Multiplier Contract -For Roofing,GC and Mechanical 2017,2020,2023 fields@browardschools.com
TERM School District of Palm Beach County -Roofing Contractor Services for Disaster 2005-2009,2010,2013,2014,1 Year 4-One Year 8/18/2024 8/17/2023 1-0ne Year Barbara Myers 561-882-1934
Recovery Assistance 2015,2020,2023
TERM School District of Palm Beach County-Roofing Products and Services New 2005-2009,2011,2012,2013,3-Years 2-0ne Year •6/17/2024 1-One Year Debra Hammerschlag 561-434-8229 x48229
Contract #20C-45V Section 1 Only to Bid on Work 2014,2015,2018,2020,2023 3°,o
TERM Miami Beach -General Building Specialty Trade Services 2013,2018 3 Year 2-0@e Year 8/6/2023 2/10/2023 Jorge Gueimunde 305-673-7490 x69302
TERM Town of Palm Beach-Roofing Contractors 2015,2020 1 Year '4-0ne Year 9/30/2024 8/10/2023 1-One Year Ryan Canterbury rcanterbury@townofpalmbeach.com
TERM SBBC -Roofing Services 2018,2023 3veas _O 2-0ne Year 10/16/2026 2-0ne Year Edgar Lugo 754-321-0508
a°
TERM FAU -Roofing Services 2018 3 Yea6 2-Three Years 6/30/2024 3/29/2021 1-Three Years Carolyn Bethmann 561-297-2608
3
TERM FU -Small Trade Services II 2018 3°'5Yeas 5 Years 9/14/2028 9/15/2023 Agatha Bober -Procurement Agent III 305-348-7374 /abober@fiu.edu
TERM Broward County -Roofing Maintenance &Repairs 2007,2008,2009,2010,20~$;1 Year 4-One Year 7/7/2024 7/8/2023 2-One Year Janice Carter 954-357-8252
2012,2013,2014,2015,~
TERM-Piggyback City of Deerfield Beach -Piggyback off City of Sunrise 2020 Xx 3 year 3-One Year 5/31/2024 6/1/2023 1-One Year
TERM City of Sunrise -Roofing Maintenance and Repairs 2019 s 3 Years 3-0ne Year 5/31/2025 3/22/2024 Holly Raphaelson 954-572-2274.9
TERM-Piggyback City of Miramar-as of 11/11/2021 moved to the City of Sunrise (Piggyback 2019 5/31/2024 6/12/2023 1-0ne Year Aubrey Boyd
off Port Everglades (switched back on 6/24/2020 from the Broward County)°aboyd@miramarfl.gov
TERM-Piggyback RoofConnect/OMNIA #R230403 1M/1/2023 3 Years 3-One Year 10/31/2026 2-One Year Rachel Monney,rachel.mooney@rootconnect.com
TERM Baptist Health -Master Agreement $2014,2019 2 Years 1-One Year 6/30/2023 7/1/2022 Brooke Abbott,0 brook@a@baptisthealth.net
TERM Baptist Health -Non FEMA for Roof Repairs On Master Agreement,'2020 2 Years 1-Two Year 9/30/2024 10/1/2020 Dorys Santana
doryss@baptist health._net
TERM-Piggyback Monroe County School District (Piggyback off BC)°2019,2020 3 Year 2-One Year 11/16/2024 11/17/2023 1-One Year Doug Pryor 0:305-293-1400 ext.53465 [
C:305-407-6251
doulas.pryor@keysschools.com
TERM-Piggyback City of Vero Beach -Piggyback off City of Sunrise 2019 3 Year 3-0ne Year 5/31/2024 4/24/2023 1-one Year Carol Shoaf 772-978-5474
chgaf@coyb.org
TERM Collier County -Roofing Replacement Contractors 2019,2023 3 Year 2-0ne Year 11/11/2024 Ana Reynoso -239-252-8950
ana.reynoso@colliercountyf.goy
CONTRACT CONTRA CT COM M ENCE YEA R CONTRACT CONTRA CT REMAINING
TY PE ADVANCED ROOFING TERM CONT RA CTS RENEW ALS EXPIRA TION PHON E NUMBER&RENEW ALS TE RM S RENEW ED RENEW ALS
TERM Miami Beach -Job Order Contracting Services-Various Trades 2019,2023 2 Year 3-0ne Year 11/7/2024 7/27/2023 Febe Perez
305-673-7490 ext 26615
TERM-Piggyback City of Fort Lauderdale -Piggyback off City of Sunrise 2019,2023 3 Year 3-One Year 5/31/2024 5/17/2023 1-One Year Linda Blanco
lblanco@tortlauderdale gov
TERM SWA (Solid Waste Authority 2019 2 Year 1-One Year 5/1/2025 5/2/2023 1-One Year Leo Bermudez
'lbermudez@swa.org
TERM-Piggyback City of Coral Springs -Piggyback off City of Sunrise 2020 3 Year 3-0ne Year 5/31/2024 5/4/2023 1-One Year Nicholas Caradonna,ncaradonna@coral5springs_gov
TERM-Piggyback City of Boynton Beach -Piggyback off City of Sunrise 2020 3 Year 3-One Year 5/31/2024 6/12/2023 1-One Year Gail Mootz
O moot@bblf_us
TERM City of Stuart -City Wide Annual Roofing Repair and Replacement 2020,2023,2024 1 Year 2-0ne Year 5/2/2025 ,J 3/1/2024 1-One Year Alaina Knofla
aknofla@ci.stuart.ft.us
TERM-Piggyback City of Doral -Piggyback off City of Sunrise 2020 3 Year 3-0ne Year 5/31/2024>6/1/2023 1-One Year Luis Sanchez
y luis._sanchez@catyofdoral.com
TERM Seminole Tribe of Florida -Certified Roofing Contractor Services 2020 3 Year 0m Trecia Demby
treciademby@semtribel.com
School SBC -Construction Services Minor Projects (CSMP)-FY21-115 -Single Fixed 2020 3 Year 2-0ne Year 11/3/2024 6/23/2023 1-0ne Year Mark Cohen mark_cohen2@brardschols.com
Multiplier Contract -For Roofing,GC and Mechanical (2nd Term Contract)°xK
TERM The Boeing Company -Managed by Jones Lang LaSalle [ILL)2020 5 Year 3 Months Mo 4/30/2025 3 Months
o Wong"
TERM Miami Dade College -Commercial Roofing Inspections,Repairs,Restoratin and 2023 1 Year ?98 Yea 6/30/2024 7/1/2023 2-0ne Year Joycelynne Burden 305-2327-0524 [burden1@mdc.edu
Replacemenet Prequal of Contractors ,o
TERM Collier County -Roofing Preventive Maintenance and Remedial Repairs 2021,2023 3 year 2-0ne Year 1/11/2025 8/15/2023 1-0ne Year Vanessa Diaz 239-252-8947 vanes sa._diazt@collie rcountyf_gov
°~°TERM Tremco/WTI -National Cooperative Contractor Network (NCCN)2021 2year 3-0ne Year 4/1/2023 3-one Year Tommy Dunnan°M.409.273.1321
TERM-Piggyback City of Sunny Isles each -Piggyback off City of Sunrise 2022 6°3 Year 3-One Year 5/31/2024 6/1/2023 1-One Year Marline PierreSaint,-y 305-792-1769
TERM School District (board)of Indian River County 2021 y 3 Year 2-One Year 8/9/2024 2-0ne Year Jeff Carver_-<.,772-564-5050
TERM Manatee County -Photovoltaic System Repair,Maint and Installatin Services 2021 •3 Year 2-0ne Year 10/21/2024 2-One Year Lea Harper,941-748-4501 ext 3623
TERM Sourcewell IDIQ State of Florida-Regions 1-10 (Roofing,GC,HVAC/Mech &2021 .°1 Year 2-0ne Year 12/28/2024 12/15/2023 Brandon Town
Elecl-40 Contracts-1 for each trade and each reion Brandon.Town@sourcewell-mn,+!ov
TERM-Piggyback City of Oakland Park-Piggyback off City of Surnise 0,°3 Year 3-One Year 5/31/2024 6/12/2023 1-One Year Julie Leonard
ulie.leonard@oaklandarift.,ov
TERM-Piggyback City of Margate -Piggyback off City of Surnise 3022 3-0ne Year 5/31/2024 6/1/2023 1-One Year Gio Batista,lgbatista@margatefl.com
TERM-Piggyback Town of Davie Piggyback off Sourcewell FL-R10-RW01-111821 o 2022 1 Year 2-0ne Year 12/28/2024 1/17/2024 Jenna Albers
3,@ 954.797.1131/ialbers@davie-f.ov
TERM South Florida Water Management District (SFWMD)-Roofing Servicesk 2022 3 Year 2-0ne Year 9/30/2025 2-0ne Year Dora Dixom
Supplies,Waterproofing &Related Products and Services ,ddxon@sfwmd.gov
TERM -Piggyback South Florida Water Management District (SFWMD)-Piggybackoff of Pinellas 2023 5-Year 11/17/2025 Ari Horowitz 352_231.8392-
County Contract No.190-0336-BAR as 0f 8/4/2023 ar.horowitz@watermatters.or
TERM $BBC -Construction Services Minor Projects (CSMP)-FY22-274 (Roofing Carve 2022 3 Year 2-One Year 9/13/2025 2-0ne Year Mark Cohen
Out)mcohen1@browardschools.com
TERM-Piggyback Palm Beach State College -Piggyback off Pinellas County Schools -JOC (Omnia)2023 3 Year 2-One Year 12/31/2025 2-0ne Year Jennifer Alvarez,Procurement Director
23-909-027 561-868-4221/alvarezu@palmbeachstate.et
TERM-Piggyback Palm Beach State College -Piggyback off Pinellas County -190-0336-BAR 2s of 2023 11/17/2025 Jennifer Alvarez,Procurement Director
9/5/2023 561-868-4221[alarezy@palmbeachstate_e
CONTRACT CONTRACT COMMENCE YEAR CONTRACT CONTRACT REMAINING
TYPE ADVANCED ROOFING TERM CONTRACTS &RENEWALS RENEWALS EXPIRATION PHONE NUMBERTERMSRENEWEDRENEWALS
TERM-Piggyback Broward County -PB off Sourcewell 10/1/2023 2-Year 1-Year 12/28/2023 1-Year Janice Carter
[(954)357-8252 jacarter@broward.or
TERM-Piggyback City of Hialeah-PB off Pinellas County JO€-23-909-027 11/20/2023 2-0ne Year 12/31/2025 2-0ne Year Luis Suarez,Purchasing Director
lasuarezu@hialeahft.gov
TERM -Piggyback City of Wilton Manors -PB off City of Cape Coral RPW22137MM-A 11/14/2023 2-0ne Year 5/17/2026 e-2-0ne Year Michelle Parks,Leasure Services Director mparks@wiltonmanors.com /954-390-
---2108
TERM -Piggyback City of Parkland -PB off Pinellas County 190-0336-BAR 2/21/2024 11/17/2025 ?Jill Woods,Purchasing Agent•954-757-4180 /iwoods@citvofarkland.org
TERM City of West Palm Beach -Contract No.32096 /1TB 22-23-145 AG Master 2/16/2024 3-Year 2-Two Year 2/15/2027 o 2-Two Year Monica Keel,Procurement Specialist I
Contract for Roofing Repair and Replacement o'.J 561-822-210/mkeel@wpb.org
CENTRAL,NORTH &WEST AREA TERM CONTRACTS .6°y
TERM FDOT -Routine Maintenance,Repair,Installation and Evaluaiton to Roof 2019,1 Year 3-0ne Year 6/15/2024 12/16/2023 Trisa Thomas
Systems at Various Locations on Florida's Turnpike Mainline •Tusa.Thomas@dot.state.fL.us
TERM Orange County -New Contract 2016,2020,2024 6 months 7/31/2024 2/1/2024 Michelle Black,Contracting Agent 407-836-0911/o Michelle.Black@ocfl.net
TERM Volusia County -Roof Repair &Maintenance 23-50-45LL 2023 1-Year 2-0ne Year 7/10/2024 7/11/2023 2-0ne Year Lacey Lassiter 386-822-5772 -LLassiter@volusia.org
-0
TERM Lake County Roof Repair Services 2019,2023 1 Year «one Ye@r'1/14/2025 9/19/2023 Karen Snodgrass 0 3 +3 3 0
karen.snodgrass@lakecountyf.gov
TERM-Piggyback City of Bradenton -Piggyback off City of Sunrise 2019,2023 3 Year 3-One Year 5/31/2024 6/1/2023 1-0ne Year Marcus Kerber Marcus.kerber@bradentonfl.goy
TERM Orlando Utilities Commission-Roof Maintenance and Repair Services 2019,2023 3 Year 20he Year 11/10/2024 10/4/2023 Chanda Davis cdavis2@ouc_com
TERM Orlando Utilities Commission-Roof Replacement Master Agreement 2022 3 Year .,2-0ne 1/29/2025 2-0ne Year
TERM -Piggyback Village Center Community Development District-Piggyback off City of Sunrise 2020 3 Year +'3-0ne Year 5/31/2024 5/10/2023 1-One Year Janet Mrozowski
.O 352-751-6700
TERM-Piggyback North Sumter County Utlity Community Development District -Piggyback off 2020 ··@ 3-0ne Year 5/31/2024 5/10/2023 1-One Year Janet Mrozowski
City of Sunrise 352-751-6700
TERM-Piggyback Sumter Landing Community Development District-Piggyback off City of 2020 3 Year 3-0ne Year 5/31/2024 5/10/2023 1-0ne Year Janet Mrozowski
Sunrise °352-751-6700
TERM Alachua County-Minor Roof Repair Services 2019 Y1Yea 2-Two Year 9/30/2024 4/5/2022 Markisha Boykin<Z,352-384-3092[
mboykin@alachuacounty.us
TERM AFICC/771 ESS/EGB Wide Roofing Repair and Replacement 2020 °5 Year 5/27/2025 Christine Yerkes yerkes@yerkessouth.com
TERM University of South Florida -USF 2020 y 3 Year 2-One Year 9/9/2024 6/8/2023 1-One Year Michael Hernandez mahernandez@usfedu
TERM-Piggyback City of Dunedin -Piggyback off Pinellas County Rofing Services &Supplies 2020,2022 9 5 Year but did not 11/17/2025 Chuck Ankney
Waterproofing &Related Product Services as pf 7/27/2022 start until 2022 ankney@dunedinfL.net
TERM City of Kissimmee 2022 ,«3 Year 2-0ne Years 4/30/2025 2-0ne Year Sanuel Luo samuel.lugoruiz@kissimmnee.Oy
TERM Pinellas County -Roofing Services &Supplies Waterproofing &Related 2020 ."5 Year 11/17/2025 Dustin Guinta
Products Services duinta@pinellascounty.or
TERM University of Central Florida -UCF 2019.2021 1 Year 4-One Year 10/31/2024 10/26/2023 Gina Seabrook 407-823-2166
TERM Daytona International Speedway -Roofing Repairs 2020 1 Year 12/31/2024 12/12/2022 Rose Malloy 386-681-5025
TERM City of Apopka 2020,2023 3 Year 2-One Year 12/8/2024 12/8/2023 1-0ne Year Suzanne F.Siu,Purchasing Admin 407-703-1600 /SSiu@Apopka.net
TERM City of Deltona ?2020 3 Year 2-0ne Year 9/1/2023 2-One Year Kate Duffy kdutfy@deltonaf.gov
TERM Seminole County Public Schools $°2021,2024 3 Year 1-Two Year 3/9/2026 2/7/2024 Johnathan Morales,Procurement Agent II
8 (407\320 0375 [moralej2@scps.k12 fl,gs
TERM Alachua County Public Schools -Roofing Services «°2021 2 Year 2-One Year 4/30/2025 1/22/2024 Kelsey Molander,Senior Buyer•[(352)955-7582 /molanderkr@gm.sbac.edu
TERM City of Sarasota -Roof Inspection,Installation,Maint &Repair Services 2021 3 Years 2-One Year 10/6/2024 2-One Year Barney Kavanagh 941-263-6437
TERM Pasco County Schools -Commericla Roof Instllation,Replacement and Repair 2021 3 Years 1-Three Year 10/4/2024 1-Three Years James Class
Services
TERM-Piggyback City of Gainesville -Annual Roof Replacement for Project under 100k-2021 2 Years 9/30/2023 Heather Murray
Piegvback off Alachua Countv Term Contract 352-393-8771
TERM Pinellas County Schools 2021 4 year 11/17/2025
TERM-Piggyback City of Venice -Piggyback off City of Sarasota 2021 3 Years 2-0ne Year 10/6/2024 2-0ne Year
CONTRACT ADVANCED ROOFING TERM CONTRACTS CONTRACT COMMENCE YEAR CONTRACT CONTRACT REMAINING
TYPE &RENEWALS RENEWALS EXPIRATION PHONE NUMBERTERMSRENEWEDRENEWALS
TERM-Pigvback Town of Longboat Kev -Pivback off Citv of Sarasota 2021 3 Years 2-0ne Year 10/6/2024 2-0ne Year
TERM The School Board of Lake Countv 2022 1 Year 3-0ne Year 12/13/2024 10/23/2023 2-One Year Kim Kilmartin 352-253-6767 Kilmarunxtake.k12.fl.usTERMLeeCountv20223Year1-Three Year 1/17/2025 1-Three Years Nick Trueblok 239-533-8836TERMSarasotaCountv-Roof Replacement Services 2022 3 vear 2-0ne Year 2/6/2025 2-0ne Years Theresa pate 941-800-5184
TERM-Piggyback City of North Port -Piggyback off Sarasota County -Roof Replacement Servies 2022 3 year 2-One Year 2/6/2025 '--c 2-One Years
---Julie Bellia 941-628-8455TERM-Piggyback Citrus County School District -Piggyback off Pinellas County 2022 3 Year 11/16/2025 '»Shawn Marie Comiskey 352-726-1931 ext 2418TERM-Piggyback City of Jacksonville -Piggyback off Pinellas County 2022 3 Year 11/16/2025 "y Sheila Kuhl 904-255-4340
TERM-Piggyback City of Maitland -Piggyback Sourcewell Reion 6 2021 1 Year 2-0ne Year 12/28/2023 "1-0ne Year Chris Kennedv 407-539-6217
TERM Citv of St.Cloud 2022 3 Year 2-0ne Year 4/27/2025 n 2-0ne Year
TERM-Pigvback Orange County Public Schools -Piggyback Sourcewell Region 6 2022 1 Year 2-0ne Year 12/28/2022 "2-One Year Jack Nichols iack.nichol,@ocs.net
TERM Duval County Public Schools-Roofing Repairs 2022,2023 2-Year 3-0ne Year 6/30/2025 3-0ne Year Terrance Wright 904-858-4848
TERM-Piggyback City of Clearwater -Piggyback of City of Sunrise 2022 3-0ne Year 5/31/2024_6/1/2023 1-One Year Gary Krawchuk.o ary.krawchut@rvclearwater.com
TERM Hernando School District -Roofing Repair &Installation 2022 3 Year 3-0ne Year 7o 3-0ne Year Angelina LaMantia
lamantia a@hcsb.k12.f\.us
TERM Florida Gulf Coast University -Roof Inspection,Maintenance and Repairs 2022 3 Year 3-0ne Year 6/30/2025 3-0ne Year Margarita Zapata-Carrasquillo9 mCarrasquillo@[cu,edg
TERM Jacksonvile Aviation Authority (JAA)2022 3 Years 2-One Years K 7/14/2025 2-One Year Monica Fraziere monica.frazuer@flyjacksonyille.com
TERM Marion County -Roofing Trade Contract Services 2022 3 Years 1-oe Ye 3/31/2025 1-One Year Jodi Shoemaker-352 671-8446
TERM Polk County -Disaster Roof Repairs 2022 2 Years 46nth»11/30/2024 4 Months Carlos Baez
863-534-6749
TERM Osceola County -Continuing Roofing Services 2022 3 Years °6/19/2025 Don Gaskins
407-742-0931
TERM-Piggyback Flagler County-Piggyback off Pinellas County -Roofing Services &Supplies 2022 5Year 11/17/2025 Leanne Burke
Wateroroofin &Related Products Services ,lburke@flagler€count.4ov 386-313-4062
TERM Charlotte County Public Schools -Solar Equpment Installation Repairs and 2022,2023 we 3-0ne Year 6/30/2024 5/19/2023 2-One Years Gregory Herlean
Service ·~repory.herlean@vourcharlotteschools.net
TERM Sumter County-On Call Roofing Repairs and New Installation 2022 2Year 2-One Year 10/1/2024 2-0ne Year Caroline Al Restimawi 352-569-6629
TERM Seminole Countv -Roofing Services 2022 a3vears 2-0ne Year 11/6/2025 2-One year Leticia Figueroa 407-665-7119
TERM City of Largo -Citywide Roof Inspections and Preventative Maintenance 2022 ,3 Years 1-Two Year 12/5/2025 1-Two Year Omar Jimenez 727-587-6740
TERM-Piggyback Sanford Airport Authority -Piggyback off Seminole County Public Schools 2022 6°3years 1-Two year 3/9/2024 1-Two Year Roberta StantonC'407-585-4020
TERM Dept of Veterans Affairs/lames A Haley Veterans Hospital -Roof Inspections &2022 »1 Year 4-0ne Year 9/14/2023 4-One Year Kim Tucker
Cleaning #36C2482200094 'v kim.tucker1@va.gov
TERM Pinellas County Schools -Job Order Contracting Services #23-909-027 2022 S 3 Years 2-One Year 12/31/2025 2-One Years Joe Benjamin BeniaminSt@pcsb.ore
TERM Nassau Countv -Roofing On-Call Services 2023 ,2 Year 3-0ne Year 6/11/2025 3-0ne Year Idalia Gutierrez iutierrez@nassaucountytl.com
TERM City of Port Orange -Roof Repair &Replacements 0s ,2 Years 2-Two Year 3/6/2025 2-Two Years Jennifer Cox ico@port-orange.or
TERM Hillsborough County Sheriff's Office 023,°1Year 4-0ne Year 4/27/2024 4-0ne Year Sue Boyer 813-247-0028 -sbover@teamhcso.com
TERM-Piggyback City of Gainesville -Annual Minor Roof Repair Services -Piggyback off Alachua [go 9/30/2024 Heather Murray
County Term Contract 20-67 murrayhd@cityofgainesville.org
TERM City of Cape Coral -Roofing Inspection,Maintenance &Repair Services-2023 3 Year 2-One Year 5/17/2026 2-0ne Year Mark Milkovich
RPW22137MM-A 0 mmlkoi@capecoral.ov
TERM-Piggyback Tohopekaliga (Toho)Water Authority -Piggybacking off the City of,$immee,2022 3 Year 2-One Year 1/1/2025 2-One Year Dorie Yepez
Contract No.RFP-2022-001 _
[(407)483-3856 dveDez@tohowater.com-O
TERM CCPS(Collier County Public Schools)-#24-038 Roofing Inspectton &Repair 10/12/2023 8 months 3-0ne Year 6/30/2024 3-One Year Heather Westphal 239-377-0052-
Services westph@collierschools.com
TERM Tampa Bay Water -Roofing Services #2024-012 2023 1 Year 3-0ne Year 11/30/2024 3-0ne Year Stacy Gundry 727-669-4825/
sgundry@tampabaywater.org
TERM Pinellas County -County Wide Parks &Conservation Resources (PCR)Roof 9/19/2023 3 Years 1-One Year 9/18/2026 1-One Year Michelle Jurek 727-464-4382-
Replacement Contract -23-0653-1TB-C mjurek@co.pinellas.fl.us
CONTRACT ADVANCED ROOFING TERM CONTRACTS CONTRACT COMMENCE YEAR CONTRACT RENEWALS CONTRACT REMAINING
TYPE &RENEWALS TERMS EXPIRATION RENEWED RENEWALS PHONE NUMBER
TERM Sarasota County School Board -Commercial,Metal &Shingled Roof 11/7/2023 1 Year 2-One Year 11/6/2024 2-0ne Year Betsy Hooper 941-486-2183 ext 68481
Installations &Repair Services -Bid #24-0031 Betsy.Hooper@sarasotacountyschools.
net
TERM City of Marco Island -Roofing Contractors -2023-030 12/5/2023 3 Year 1-Three Year 12/4/2026 t 1-Three Year Angela Johenning 239-389-5011/
aj0henning@cityofmarcoisland.com
TERM University of Florida -FY24-4TB-026 Roofing Services Annual Contract 4/2/2024 2 Year 2-Two Year 3/31/2026 >2-Two Year Rejoy Varghese 352-294-1165 /rejoy.varghes@ufl.edu
PRIVATE ENTITY TERM CONTRACTS .'TERM Publix Supermarket 1997,2002,2007,2012,5 Year on oin "Bobbv Stewart 813-299-6466
TERM Pratt &Whitney 2005,2010,2013,2014 2 Year 1 Year ongoing n William Booth 561-796-5052
TERM UPS 2007,2008,2009,2010,2011 1 Year 1 Year ongoing ,P>Mario Valdes
TERM FPL-CB8RE 2009,2011 2 Year ongoing '
TERM Memorial Healthcare Systems 2010,2013 1 Year ongoirs,Jay Sindha 954-276-5621-0oJSindha@mhs.net 954-276-6054-Fax
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Project References
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/
EXPERIENCE MATTERS
ADVANCED ~RO DFING.!e
ESTABLISHED 1983
COMMERCIAL R O O F I N G &S O L A R
r
CC-C024413
EXPERIENCE MATTERS.
ADVANCED =I RD O FIN G E--
ESTABLISHED 1983
FIRM'S RELATED EXPERIENCE
GOVERNMENT/SCHOOL PROJECT REFERENCES
Broward County -Stirling Road Branch Library
3151 Stirling Rd.,Hollywood,FL 33312
1.Contract Amount:$292,305.25
2.Completion Date:12/2020
3.Contract Schedule:5 weeks
4.Roof System:Modified Bitumen -Recover
5.Total SF:21,400
6.ARI Project Manager:Ed Malone
7.Owner Info:
a.Name:Broward County
b.Address:115 S.Andrews Ave.,Fort Lauderdale,FL 33301 )
c.Years doing business with:Since 1999
d.Reference contact:Carlos Puentes (954)914-1668 /cpuentes@broward.org•Miami Beach -Bass Museum -Phase3 o'
2111 Colins Ave.,Miami each,FL 33139 .'3
0....,,~01.Contract Amount:$93,282.00 }
2.completion pate:o3/2020 QO
3.Contract Schedule:2 weeks }o
4.Roof system:Modified Bitumen -Re-Roas.rolsr.2,coo sr ,Se
6.ARI Project Manager:Connie scot@ })
7.owner Info:b,$
a.Name:cry of Miami sea+
b.Address:1833 Bay Rd.,Miami Beach,FL 33139
c.Years doing businessyith:since 2012
d.Reference Contact{Jorge Guanche2 (786)390-2040 /jorgeguanchez@miamibeachfl.gov
~
Fort Lauderdale -LohmeyerRegional WwTF -Chlorine/SPS3 Bldg.
1765 SE 18 St.,Fort Lauderdale,FL 33316
1.Contract Amount:$264,841.00
2.Completion Date:03/2020
3.Contract Schedule:4 weeks
4.Roof System:Modified Bitumen -Re-Roof
5.Total SF:5,700 SF
6.ARI Project Manager:Connie Scott
7.Owner Info:
a.Name:City of Fort Lauderdale
b.Address:1765 SE 18"St.,Fort Lauderdale,FL 33316
c.Years doing business with:Since 2004
d.Reference Contact:Justin Murray (954)828-4122 /jmurray@fortlauderdale.gov
www .advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS.
ADVANCED =l ROOFING
ESTABLISHED 1983
FIRM'S RELATED EXPERIENCE
GOVERNMENT/SCHOOL PROJECT REFERENCES
Florida Atlantic University -Bldg.69 (Operations Bldg.)
777 Glades Rd.,Boca Raton,FL 33431
8.Contract Amount:$403,177.00
9.Completion Date:01/2019
10.Contract Schedule:9 weeks
11.Roof System:Single Ply-Re-Roof
12.Total SF:42,000
13.ARI Project Manager:Connie Scott
14.Owner Info:
a.Name:Florida Atlantic University o,
b.Address:777 Glades Rd.,Boca Raton,FL 33431 )
c.Years doing business with:Since 1992
d.Reference Contact:Marc Kolin (954)258-0747 /mkozlin1@fau.edu
<°'$.o 's°6".8,°°4.Roof system:Metal-Re-Root '
5.Total SF:104,144 S e
6.ARI Project Manager:carlos Vara .o
7.owner Info:b,$
a.Name:Indian River county
b.Address:1801 27 St.,Ve@ Beach,FL 32960
c.Years doing business,with:since 2017
d.Reference Contagt<Bi€hard Szpyrka (772)226-1234 /rszpyrka@ircgov.com°Pratt &Whitney -Manufacturin g Bldg.Fan Room #1 -Col A1-E7 Phase IV
17900 Beeline Hwy.Jupiter,FL.33478
1.Contract Amount:$1,924,825.00
2.Completion Date:05/2018
3.Contract Schedule:20 weeks
4.Roof System:Asphalt BUR w/Modified Bitumen Cap -Re-Roof
5.Total SF:50,000
6.ARI Project Manager:Guy Campbell
7.Owner info:
a.Name:United Technologies Corp.,Pratt &Whitney Division
b.Address:17900 Beeline Hwy.,Jupiter,FL 33478
c.Years doing business with:Since 2004
d.Reference Contact:Bill Booth (561)796-5052 /william.booth@pw.utc.com
www .advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 227'Street /Fort Lauderdale]Florida 33311
Indian River County -Administration Bldgs.A &B
1800 &1801 27 Street,Vero Beach,FL 32960
1.Contract Amount:$1,738,196.00
2.Completion Date:06/20183
3.Contract Schedule:21 weeks
CC-C024413
EXPERIENCE MATTERS
ADVANCED{i1R□-□F"ING.5
~ESTABLISHED 1983
FIRM'S RELATED EXPERIENCE
GOVERNMENT/SCHOOL PROJECT REFERENCES
Broward College -Central Campus -B-08
3501 SW Davie Rd.,Davie,FL 33314
1.Contract Amount:$638,561.00
2.Completion Date:03/2018
3.Contract Schedule:6 weeks
4.Roof System:Single Ply -Re-Roof
5.Total SF:27,992
6.ARI Project Manager:Guy Campbell
7.Owner Info:
a.Name:Broward college g'
b.Address:3501 SW Davie Rd.,Davie,FL 33314 ,
c.Years doing business with:Since 2000 \'
d.Reference Contact:Deborah Czubkowski (954)201-6900 /dibbkow@broward.edu°,eCityofSunrise-Nob Hill Soccer Club o.«'6°68e
completion Date:03/2018 Q O
3.Contract Schedule:14 weeks
4.Roof system:Metal &single Ply-Re-Roof
s.Total SF:78,900 ,S"e
6.AR Project Manager:Carlos vara"
7.owner info:B ,$
a.Name:cry of sunrise ''
b.Address:10770 West Oakland Park Blvd.,Sunrise,FL 33351
c.Years doing business,y@th:Since 2011
d.Reference Contagt{Megan Kaufold (954)888-6070 /mkaufold@sunrisefl.gov
~
Palm Beach International Airport -Task W6 cargo Bldg.#1475
846 Palm Beach International Airport,West Palm Beach,FL 33406
1.Contract Amount:$935,056.00
2.Completion Date:12/2017
3.Contract Schedule:9 weeks
4.Roof System:Modified Bitumen -Re-Roof
5.Total SF:39,200
6.ARI Project Manager:Susana Macias
10200 Sunset Strip,Sunrise,FL 33322
1.Contract Amount:$264,841.00
2.
7.Owner info:
a.Name:Palm Beach County Department of Airports
b.Address:1720 Centerpark Dr.E.,West Palm Beach,FL 33401
c.Years doing business with:Since 2005
d.Reference Contact:Erick Talamilla (561)440-0552 /Erick.Talamilla@weitz.com
ww w.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22°Street /Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS.
DE7 Ag ,Fa
ESTABLISHED 1983
FIRM'S RELATED EXPERIENCE
GOVERNMENT/SCHOOL PROJECT REFERENCES
NASA -Kennedy Space Center -0SB1
Kennedy Space Center,FL 32899
1.Contract Amount:$1,140,000.00
2.Completion Date:12/2017
3.Contract Schedule:12 weeks
4.Roof System:Modified Bitumen -Re-Roof
5.Total SF:53,000
6.ARI Project Manager:Jaime Spathelf
7.Owner info:
a.Name:NASA Procurement code OP-ES 9,
b.Address:Kennedy Space Center,FL 32899 O
c.Years doing business with:since 2017 'by '
d.Reference Contact:Matthew Conneen (321)312-7626 /mconneen@cremerglobalservices.com°,ePortEverglades-Fred Steven Bldg.(FTZ)
3400 Mcintosh Blvd.,Fort Lauderdale,FL 33312 .<'-°
1.contract Amount:$599,279.00 _>"
2.completion pate:11/2017 QO
3.Contract Schedule:5 weeks O
4.Roof System:EPDM Overlay -Repair_re O
s.Toal:234,000
6.ARI Project Manager:Francisco Gian _
7.owner info:,°
a.Name:Broward County Board of county Commissioners
b.Address:115 South Andrews Ave.,Rm 501,Fort Lauderdale,FL 33301
c.Years doing businessyith:since 2004
d.Reference Con'ag(@uvens Adrien (954)468-3500 /jadrien@broward.org
~Nova Southeastern Univer~HPD Annex
3401 S.University Dr.,Davie,FL 33328
1.Contract Amount:$419,715.00
2.Completion Date:08/2017
3.Contract Schedule:10 weeks
4.Roof System:Modified Bitumen -Re-Roof
5.Total SF:34,300
6.ARI Project Manager:Todd Avery
7.Owner info:
a.Name:Nova Southeastern University
b.Address:3301 College Ave.,Davie,FL 33328
c.Years doing business with:Since 1994
d.Reference Contact:David Gerrits (561)901-9209 /david@gciconstructs.com
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street /Fort Lauderdale/Florida 33311
CC-C024413
EXPERIENCE MATTERS.
ADVANED El R F IN G E
ESTABLISHED 1983
FIRM'S RELATED EXPERIENCE
GOVERNMENT/SCHOOL PROJECT REFERENCES
Indian River State College -Bldg.H (Mary L.Fields Health Science Center)
3209 Virginia Ave.,Fort Pierce,FL 34981
1.Contract Amount:$533,335.00
2.Completion Date:08/2017
3.Contract Schedule:7 weeks
4.Roof System:Metal -Re-Roof
5.Total SF:20,000
6.ARI Project Manager:Todd Avery
7.Owner info:
a.Name:Indian River state college o,
b.Address:3209 Virginia Ave.,Fort Pierce,FL 34981 )
c.Years doing business with:Since 2017 \'
d.Reference Contact:Sean Donahue (772)462-7750 /sdonahue@irsc.edu
'.¢$.
.o9'°6"8,°s°
4.Roof system:Single Ply -Re-Roof_9 O
s.TolsE:24,400 >
6.ARI Project Manager:Guy Campbel}".s
7.owner into:,"?
a.Name:Broward County commission
b.Address:PO Box 14740;@rt Lauderdale,FL 33302
c.Years doing business with:Since 1999
d.Reference Contact?bionel Brown (954)359-3185 /1brown@broward.org
~Broward County -StephenR.'Booher Building
3275 NW 99 Ave.,Coral Springs,FL 33065
1.Contract Amount:$1,133,523.00
2.Completion Date:04/2016
3.Contract Schedule:20 weeks
4.Roof System:Modified Bitumen -Re-Roof
5.Total SF:36,000
6.ARI Project Manager:Guy Campbell
7.Owner info:
a.Name:Broward County Board of Commissioners
b.Address:115 S.Andrews Ave.,Rm.501-RP,Fort Lauderdale,FL 33301
c.Years doing business with:Since 1999
d.Reference Contact:Ian Harvey (954)357-6485 /iharvey@broward.org
www .advancedroofing.com
800 638.6869 T E L 954.522.6868 FA X 954.566.2967
19 50 NW 22'Street Fort Lauderdale]Florida 33311
Broward County Aviation -Air Cargo Bldg.
3400 SW 2 Ave.,Fort Lauderdale FL 33315
1.Contract Amount:$444,756.00
2.Completion Date:05/2017
3.Contract Schedule:7 weeks
CC-C024413
EXPERIENCE MATTERS.
ADVANCED[i]R□□FING.S
ESTABLISHED 1983
FIRM'S RELATED EXPERIENCE
GOVERNMENT/SCHOOL PROJECT REFERENCES
Broward College -Central Campus -Bldgs.13,24 &25
3501 SW Davie Rd.,Davie,FL 33314
1.Contract Amount:$525,356.00
2.Completion Date:02/2016
3.Contract Schedule:4 weeks
4.Roof System:Single Ply -Re-Roof
5.Total SF:32,885
6.ARI Project Manager:Guy Campbell
7.Owner Info:
a.Name:Broward college o'
b.Address:3501 SW Davie Rd.,Davie,FL 33314 O
c.Years doing business with:since 2000 'y'
d.Reference Contact:Sean Devaney (954)201-6974 /sdevaney@broward.edu
<°'GSA Federal courthouse &Office Building,Fort Lauderdale>O
299 East Broward Blvd Fort Lauderdale,FL 33301 .Q'3
1.contract Amount $702,290.00 $"
2.completion Date:10/201s QO O
3.Contract Schedule:4 weeks
4.Roof System:Modified Bitumen -Re-Roof O
s.rotalsF:s650o
6.ARI Project Manager:Guy Campbel}s
7.owner into:,"?
a.Name:United states of America GSA/PBS BUDGET-4PAFIRUSSELL FED
b.Address:75 Spring St.SW,Atlanta,GA 30303
c.Years doing business,yih:since 2014
d.Reference Contact<Calvin Mason (843)357-1713 /info@arincorporated.org
~Cyril E.King Airport usv O
Airport Road,Charlotte Amalie West,St Thomas USVI
1.Contract Amount:$1,853,426.82
2.Completion Date:03/2014
3.Contract Schedule:8 weeks
4.Roof System:Single Ply -Re-Roof
5.Total SF:120,100
6.ARI Project Manager:Jessica Kornahrens
7.Owner info:
a.Name:Virgin Islands Port Authority
b.Address:8074 Lindberg Bay,St.Thomas USVI
c.Years doing business with:Since 1996
d.Reference Contact:Eric Cusin (340)718-7222 /ecusin@jbcvi.com
www .advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22°Street ]Fort Lauderdale]Florida 33311
CC-C02A4I3
EXPERIENCE MATTERS.
ADVANCED~RO□FING.S
ESTABLISHED 1983
TAB3
Key Personnel
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22°Street ]Fort Lauderdale/Florida 33311
CC-C024413
EXPERIENCE MATTERS.
ADVANCE□l.lJ R□□FINl3.E
ESTABLISHED 1983
QUALIFICATIONS OF BIDDER'S KEY PERSONNEL
5]Page
Robert Kornahrens
CEO,President
Founder of Advanced Roofing Inc.and oversees all company operations.
Experience:Rob Kornahrens is a leader in the commercial roofing industry for
more than 40 years.Before starting Advanced Roofing in 1983,he worked with
Triple M Roofing Corporation in New York.During his tenure at Triple M,Rob
held numerous field positions and was eventually promoted to Branch
Manager where he was responsible for opening and operating new branches
in both Atlanta and Fort Lauderdale.
Education:B.S.Degree in Business Administration from University of Arizona,
1979
Michael Kornahrens
Vice President
Michael joined Advanced Roofing in 1998 and is responsible for overseeing
the operations and management of all divisions.
Experience:Born into the roofing industry,Michael has held many positions at
Advanced Roofing over the past 18 years,including leading the Metal Roofing
and Renewable Energy divisions.His responsibilities include developing
rooftop and solar designs,coordinating subcontractors,and managing project
installations throughout the United States and Canada.
Education:B.A.in Management and Marketing,Florida Atlantic University
Clint Sockman
Vice President
Clint joined Advaned Roofing in 1998 and is responsible for oversseing the the
Re-Roofing and Renewable Energy Divisions.
Experience:A second generation roofer with more than two decades of
experience in the roofing,solar,and construction industries.
Education:University of Cincinnati,Information Systems minor in International
Business.Licenses:Florida State Roofing and Solar Contractors;
Certifications:NABCEP,LEED.Member of the American Society of
Professional Estimators (ASPE).Constructions Specifications Institute (CSI).
EXPERIENCE MATTERS.
Da EEl a.F a g--
CC-C024413 ESTABLISHED 1983
Kevin Kornahrens
Executive Vice President
Started with Advanced Roofing Inc.in 2005 and is responsible for overseeing the
operations and management of all divisions.
Experience:Mr.Kornahrens leads the administration team for Advanced Roofing Inc.
His primary focus is on Human Resources,Safety,Legal,Information Technologies,
and Marketing Departments.His responsibilities include management of strategic
business planning,staffing,ERP system implementation,public relations and safety.
Education:SPHR,Senior Professional in Human Resources.M.B.A.Degree in finance
from the University of Miami.B.S.Degree in Management Information Systems,from
Florida State University.B.A.Degree in Marketing,from Florida State University.B.A.
Degree in Multinational Business from Florida State University.
Jessica Kornahrens
Senior Project Manager
Jessica joined Advanced Roofing Inc.in 2001 and is a Project Manager that oversses
multiple projects.
Experience:As a Senior Project Manager,Jessica handles the management of
multiple projects on time,within budget,and to the satisfaction of the client;from project
turnover through project close out.She serves as a liaison to customers,consultants,
architects,subcontractors and vendors.
Education:B.S.Degree in Psychology,from Florida State University.B.S.Degree in
Business Management,from Florida State University.
Randy Gibson
Business Development
Randy joined Advanced Roofing in 2015 and is responsible for business development
and sales.
Experience:Randy has over 40 years of experience in the roofing industry.Prior to
joining Advanced Roofing,Randy held management positions with national roofing
contractors,and founded and operated a commercial roofing business for 25 years.
Education:Randy has supplemented his extensive commercial roofing experience with
on-the-job training in various fields and systems.Additionally,he has taken numerous
continuing education courses related to the roofing and construction industry.
6]Page
EXPERIENCE MATTERS.
Aav NcEG7£g o oFRsg--
CC-C024413 ESTABLISHED 1983
Steve Schoen
Director of Government Services
Steve joined Advanced Roofing in 2019,bringing more than 30 years of commercial
roofing experience to the team.
Experience:In his career,he has worked with large companies and government
clients throughout North America serving as an expert in Roof Asset Management and
Commercial Roof Design.As the Director of Government Services,he is responsible
for overseeing Government Sector Business Development as well as all Government
Term Contracts and current National Cooperative Contracts.Steve possesses a
Education:B.S.in Organizational Communications with a minor in Business
Administration from the University of Wisconsin and holds a Florida Roofing Contractor
License.
Paul Murphy
HVAC Service Manager
Paul joined Advanced Roofing Inc.in 2017 and is the HVAC Service Manager that
manages the daily operations of the HVAC division.
Experience:Paul has over 18 years of experience in the HVAC experience with 8
years of experience as a service manager.Paul has extensive knowledgeon water
cooled systems,chillers and cooling towers.
Education:Broward College,Majoring in Business Administration.VFD Certification.
Bryan Cardona
Safety Director
Bryan joined Advaned Roofing in 2013 and is the company wide Safety Director.
Experience:Bryan has a decade of experienced in the areas of Occupational
Safety and Health Management.Bryan's goal for Advanced Roofing is to continue
being an industry leader in safety while promoting a safety culture and growing
OSHA partnerships.
Education:OSHA Authorized Construction Trainer,which allows Bryan to
implement the OSHA 10 and 30-hour training courses for our field staff.
7[Page
CC-C024413
EXPERIENCE MATTERS
ADVAN FINGE
ESTABLISHED 1983
PERSONAL RESUME
Robert Kornahrens
CEO,President
Founder of Advanced Roofing Inc.and oversees all company operations.
EXPERIENCE
Rob Kornahrens is a leader in the commercial roofing industry for more than 40 years.Before starting Advanced
Roofing in 1983,he worked with Triple M Roofing Corporation in New York.During his tenure at Triple M,Rob held
numerous field positions and was eventually promoted to Branch Manager where he was responsible for opening and
operating new branches in both Atlanta and Fort Lauderdale.
ED UCATION
B.S.Degree in Business Administration from University of Arizona,1979
ASSOCIATIONS
The Executive Association of Fort Lauderdale-Past President
WinterFest Board of Directors-Chairman
Construction Executive Association-Past President
Broward Workshop
RoofConnect founding Member/Chairman of the S.W.A.T.Team
N RCA -National Roofing Contractors Assocation
Center for Environmental Invention in Roofing Board Member
TEC Group -12 year member
FRSA -Florida Roofing &Sheet Metal Association
RCASF
LICENSES
Roofing Contractor #CCC024413
General Contractor #CGC1507377
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street /Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS.
--ADVANED =l RDJ)FINLGE
ESTABLISHED 1983
PERSONAL RESUME
Michael W.Kornahrens
Vice President of Advanced Roofing &President of Advanced Green Technologies
EXPERIENCE
Advanced Roofing,Inc.
Executive Vice President 2015-Present
Advanced Roofing is ranked as the largest commercial re-roofing company in Florida and top 10
in North America by Roofing Contractor Magazine.Michael managed large-scale commercial re-
roofing projects and is responsible for all aspects of ARI's daily business including business
development,design and engineering,product selection,overseeing project management staff,
and high level operations supervision and directions.
Advanced Green Technologies
President:2008-Present
As Co-Founder and President of Advanced Green Technologies,Michael Kornahrens develops
and implements strategies,relationships and standards for the organization in the United States
and Canada.His experience includes developing solar rooftop and ground mounted designs,
coordinating subcontractors,and managing solar system installations.To date,Michael is
responsible for successfully completing more than 250 Megawatts of renewable energy projects
in North America and the Caribbean,and is a driving force behind why Solar Builder Magazine
has chosen Advanced Green Technologies as a Top Solar Contractor in North America 2012-15.
EDUACATION
•B.S.Degree in Business Administration from Florida Atlantic University
•Florida Roofing Contractor License
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 227"Street ]Fort Lauderdale/Florida 33311
EXPERIENCE MATTERS
ADVANEED =l ))RFINE
ESTABLISHED 1983CC-C024413
PERSONAL RESUME
Clinton A.Sockman,CSI,CDT
Vice President of Business Development &Renewable Energy
Clint joined Advanced Roofing in June 2004 as an Estimator and Project Manager.Through his extensive knowledge and
expertise in solar photovoltaic roof systems,he was promoted to Vice President of Renewable Energy and oversees all
of our solar projects.Mr.Sackman is responsible for all aspects of ARE's daily business including business
development,design and engineering,product selection,overseeing project management staff,and high level
operations supervision and directions.
EXPERIENCE
Over 15 years in commercial,industrial and government related roofing industry.Coming from a strong commercial
roofing background Mr.Sackman brings over twelve (12)million square feet of successful commercial roofing project
experience and over three (3)megawatts (mW)of successful photovoltaic installation experience valued at over $70M
dollars to the Advanced Renewable Energies team.
EDUCATION
University of Cincinnati,Information Systems with minor in International Business
LICENSES
•State of Florida Certified Solar Contractor:CVC56792
•State of Florida Certified Roofing Contractor:CCC1329557
•State of Florida Certified General Contractor License#CGC1521128
•NABCEP License #PV-101913-002781
ACCREDITATIONS
North American Board of Certified Energy Practitioners (NABCEP)Certified Installer
Occupational Safety and Health Administration (OSHA)30 HR Certified
Construction Specifications Institute Construction Documents Technologist (CDT)
American Society of Professional Estimators
Solar Energy International -Solar Electric Grid Direct Design
Baker Communications:Win-Win Negotiations for Purchasing
Foster Learning:Working Sales and Management Series
Center for Customer Focus:Dynamics of Customer Focus
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22'Street [Fort Lauderdale]Florida 33311
EXPERIENCE MATTER;
ADVANCED~R□□FING.S
ESTABLISHED 1983CC-C024413
PERSONAL RESUME
David M.Baytosh
Vice President of Construction Division
David joined Advanced Roofing,Inc.in 2004 as a Construction Manager making his way up to the Vice President of our
Construction Division.David is in charge of the production,quality control and safe operation of the roofing,sheet
metal,logistics,fleet and warehouse division.
EXPERIENCE
David has over 30 years in commercial and industrial roofing industry.He began his roofing career with a home
improvement company installing shingles in 1986.Next,he joined a large commercial and industrial roofing company
based in Youngstown,Ohio where he began as a roofing apprentice and worked his way up to a project supervisor prior
to joining Advanced Roofing,Inc.,Versatile in numerous roofing systems,David is also knowledgeable of their
respective manufacturer specifications.
EDUCATION
•Youngstown State University,Youngstown,Ohio -Undergraduate Curriculum /2 Years
•Graduate Ursuline Catholic High School,Youngstown,Ohio
•30 Hours OSHA card
•10 Hours OSHA card
•Safety Trainings for Fall Protection,Forklift &Mobile Crane Safety Training,NRCA CERTA Torch Application
Course,Asbestos Removal,Hazard Communication,National Council CPR and First Aid.
•Apprentice Program for the International Roofers,Waterproofers and Allied Workers Roofers Union 1990-
Present
•Dale Carnegie Leadership Training for Managers,Registered installer -AGT Unisolar PV Panels
TOP FIVE JOBS
1.School Board of Broward County/Various Schools totaling over 1,400,000 SF
Contact:Meghan Gallagher,Project Manager II
2.Palm Springs Mile Shopping Center totaling over 650,000 SF
Contact:Diana Marrone,Senior Vice President
3.Sun-Sentinel Newspaper totaling over 250,000 SF
Contact:Daniel Reynolds,G.&E.Enterprises,Inc.,President
4.Miami Herald Newspaper totaling over 105,000 SF
Contact:Gus Perez,Director of Operations &Facilities
5.Miami International Commerce Center totaling over 780,000 SF
Contact:Van L.Antle,Adler Management Services,Inc.Property Manager
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS
ADVANCE□[i]R□DFING.S
ESTABLISHED 1983
PERSONAL RESUME
Glenn Watson
Quality Control Manager
Glenn works with our existing operation unit and divisional managers to create and administer a formalized quality
control and quality assurance program along with enhanced training and educational programs for existing workforce.
Focus of efforts is to provide unified and high quality product to client throughout our entire books of business.
PAST EXPERIENCE
Senior Technical Representative-Johns Manville -Worked with contractor,owner,architect,consultants,attorneys.
Performing routine inspections of ongoing roofing installation projects throughout the United States,the Caribbean,
and parts of Europe.Focus of inspection was specification conformance and workmanship quality.Also provided
contractor training and product demonstration throughout the country.
Facility Coordinator -Duval County School Board -responsible for waterproofing and re-roofing construction and
maintenance for 177 facilities throughout the district.Performed and hired out third party evaluations and
construction/maintenance efforts of facilities cataloging levels of need for efficient and impactful spending of limited
resources to maintain facility roofing and waterproofing in order to meet state and national standards.
EDUCATION
High School Diploma -Baker County High School
Florida State College at Jacksonville Under graduate
University of Phoenix AA Business Administration
CERTIFICATIONS
•NRCA Pro-Certification Instructor and Assessor
•NRCA CERTA Instructor
•NCCER Core Curriculum Instructor
•OSHA 10
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22'Street ]Fort Lauderdale/Florida 33311
EXPERIENCE MATTERS.
av 6 CE Dg o F Rag--
ESTABLISHED 1983CC-C024413
PERSONAL RESUME
Jessica Kornahrens
Project Manager
Jessica joined Advanced Roofing,Inc.in 2001.As a Project Manager,Jessica handles the management of multiple
projects on time,within budget,and to the satisfaction of the client;from project turnover through project close out.
She serves as a liaison to customers,consultants,architects,subcontractors and vendors.Secures all required
Engineering and permitting;prepares submittals;negotiates,selects and coordinates subcontractors;orders materials;
creates project books;administers job hand-off with Construction Managers;schedules and attends pre-construction
meeting;reviews weekly job budgets and forecasts accordingly;prepares billings and change orders;and arranges
warranty and close out documentation.
EXPERIENCE
During her tenure at Advanced she has held numerous positions in many areas of the company.She has learned all
aspects of the business by starting out as a Receptionist,and working up to Office Manager and Contract
Administrator.In 2006,Jessica was promoted to Project Manager and also became a State Certified Roofing
Contractor.She also is the Qualifier for Advanced Roofing in the State North Carolina and Virginia.
EDUCATION
•Bachelor of Science Degrees in Business Management &Psychology,Florida State University,Tallahassee,FL
•High School Diploma,Cardinal Gibbons High School,Fort Lauderdale,FL
•Florida Certified Roofing Contractor License#CCC1328111
•North Carolina General Contracting (Roofing Classification)License #66223
TOP FIVE ROOFING JOBS
1.Westin Diplomat -174,500 square feet
Contact:Sharon Zamjoski,R.A.,NCARB,Capital Projects Manager
2.School Board of Broward County-13 Schools totaling over 773,000 square feet
Contact:Meghan Gallagher,SBBC Project Manager I
3.Miami International Airport -Various Projects
Contact:Tom Hart,Miami Dade Aviation Department,Project Manager II
4.U.S.Citizenship and Immigration Services,West Palm Beach Office -37,900 square feet
Contact:Chad Moss,Moss Construction,Senior Vice President
5.Kenland Walk IV Condominium Building 3 -18,500 square feet
Contact:Marina Paez,Secretary of the Board
www .advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22'Street /Fort Lauderdale/Florida 33311
EXPERIENCE MATTERS.
ADVANCED ~R□□F"ING.S
ESTABLISHED 1983CC-C024413
PERSONAL RESUME
Steve Schoen
Director of Government Services
Steve joined Advanced Roofing in 2019 and is responsible for overseeing all Governmental
Term-Contracts and current National Cooperative Procurement Contracts along with
Government Sector Business Development.
EXPERIENCE
Steve has over 30 years of commercial roofing experience which started in 1982 to support his
educational goals and later lead to a long career as an independent roof consultant.He has
worked with large companies and governmental clients throughout North America and is an
expert in Roof Asset Management and Commercial Roof Design.
EDUACATION
•B.S.in Organizational Communications with a minor in Business Administration,
University of Wisconsin,1987Florida Roofing Contractor License
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22'Street ]Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS.
ADVANCED ~R□□F"ING.S
ESTABLISHED 1983
PERSONAL RESUME
Bryan Cardona
Corporate Safety Director
EXPERIENCE
Bi-lingual and award winning safety professional with 13 years of construction and risk management
experience with a strong foundation in managing insurance related risks,loss control,mitigating loss,and
well versed in various aspects of regulatory compliance specializing in occupational health &safety,and
program development.Strengths include:
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Health and safety program development
OSHA compliance
Bi-Lingual (English and Spanish)
Safety Training
Claims management (WC/GL/AL)
Owner and Contractor Controlled Insurance Programs
Regulatory Compliance Assessments
Accident Investigations
ADVANCED ROOFING,INC.
Safety Director
2013-Present
Responsible for the development and implementation of the corporate health and safety program for a
nationally recognized commercial roofing company with over 400 employees and six locations throughout
the state of Florida
•
•
•
•
•
Exceeded annual Advanced Roofing health and safety goals to achieve an annual reduction in
total recordable incident rates:
•TRIR 6.9 (2013)to TRIR 1.7 1 (2017)-LS TRIR 5.6 (2016)
EMR reduced by 40%
•1.02 (2013)to 0.56 (2018)
Company representative for safety and health regulatory compliance local and federal (OSHA)
Created and implemented a mandatory 4-hour new hire safety orientation
Trained,managed and mentored company safety coordinators.Currently employing four safety
coordinators that are responsible for the following
•Jobsite Safety Evaluations
•Preconstruction safety walkthrough
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 227'Street ]Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS.
ADVANCED[i]R□□F"INl3.S
ESTABLISHED 1983
•Site specific safety planning
•Accident investigation and reporting
•Safety training -Orientation,Fall Protection,LOTO,Forklift,Aerial lift and platforms,
CPR/First aid/AED,PPE safety,HAZCOM-GHS,Ladder safety,Defensive Driving Course
DDC4,Respirable Crystalline Silica
■Provide project specific safety guidance to Estimators,Project Managers and Construction
Managers
■Track and record incidents with the purpose of creating a bi-monthly safety analysis that
includes current and possible future trends
■Conduct a bi-monthly safety committee meeting with the goal of creating and implementing
proactive safety measures to reduce exposures to hazards for our employees and clients
■Founding member of the driver safety committee;tasked with setting performance goals,
accident review,enhancements,disciplinary actions and safety education
CERTIFICATIONS &AWARDS
■
■
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■
■
■
■
■
■
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Authorized OSHA 500 Construction
Bi-Lingual Instructor
Authorized OSHA 501 General Industry
Bi-Lingual Instructor
Associated General Contractors of America:
Advanced Safety Management Certificate
National Roofing Contractors Association:
CERT A Instructor Roofing Torch Application
EMS CPR/First Aid/AED Adult &Child Instructor
Qualified Rigger and Signal Person
Competent Person:
•Scaffold erecting
•Ladders
•Excavations and trenching
•Respirable Crystalline Silica
■FRSA Asbestos Competent Person
■2017 Construction Association of South Florida Safety Professional of the Year
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22°Street ]Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS.
av6 CE D ,a g--
ESTABLISHED 1983
SUPERVISORY &STAFFING CAPABILITIES
Advanced Roofing,lnc.'s methodology and approach is unique in its structure because our set up
is based on 40 years of real-life experience within the roofing industry.
We have the capacity of tailoring our system to the needs of the project regardless of the size
and contract requirements.Pre-job planning,documentation and communication are key to
our operations.
In order to execute the project in a timely,cost-effective and quality manner,we invest quality
time with our full team of Estimators,Engineers,Project Managers and Construction Team prior
to commencement of all our field operations;again regardless of the size of the project.The
typical size of our crew is 8-10 men,this can vary as required per project.
Our pre-project planning process is quite extensive.The entire team must understand all phases
of the project in order to maintain an efficient line of communication throughout the project.
Each member is provided with a project binder with includes the following information:
•Contact Names and Numbers
•Emergency Procedures
•Scope of Work,Project Plans/Specifications
•Material Listing,MSDS Sheets
•Project Schedule
•Permit Information
Our Project Team assembles once a week or as needed to discuss project status and if
necessary,effect any changes that may be required to maintain efficiency and schedule.Each
member is equipped with Nextel radios and cellular phones with email access to maintain
communication at all times.
Training of our field and office personnel is ongoing and is accomplished through on-site hands-
on training classes provided by the various manufacturers we are approved by.The field staff and
apprentices go through a three year training program
The President and Vice President attended a TQM class developed by the National Roofing
Contractors Association through the University of Chicago Business College.Our Executive
Management Team meets twice a month with a two hour "huddle"meeting and once a month
for an all day executive meeting off site.
Advanced Roofing,Inc.also has a full fleet that consists of dump trucks,cranes,boom trucks,flat
beds,kettles,and more.By offering these services in-house,we're able to provide our customers
more for their money.And that's one of our professional solutions.
We use various computer based applications for tracking a project form the inception of the
project to its completion.We have developed our in-house software "RFP Manager"for tracking
all in-coming projects.We also utilize Roof Express,CAD Program,Spitfire Project Management
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22'Street /Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS
ADVANCED:tll R□•□F"ING.S
ESTABLISHED 1983
Software,and Solomon Accounting Software.
SUBCONTRACTORS
Advanced Roofing,Inc.does not routinely utilize subcontractors.Over the past 40 years,
Advanced Roofing,Inc.has put money back into the company and community.
•We have our own fleet of vehicles that include trucks,cranes,semi-tractor trailers,
hydro,tower crane,equipment and dump trucks to haul our roofing debris.This allows
Advanced Roofing,Inc.the control of having trailers at our disposal when we need them
and therefore allows for a smoother project.
•We also have our own state-licensed Air Conditioning Division -This allows us to
coordinate the shutdown and raising of the air conditioning units on the roof.
•We also have our own state-licensed Electrical Division -This allows which allows us to
handle the electrical needs for roofing and solar projects.
•Lightning Protection Division
•In-house Sheet Metal Division-where we fabricate our own metal.
•We are a licensed General Contractor -which allows us to handle small contracting
items on the roof.
•Certified Solar/PV system installer for renewable energy projects.
When a project calls for subcontractors to perform work that we are not licensed to perform,
qualified subcontractors which are most competent and ready to complete the necessary to
meet schedule will be selected.
Advanced Roofing,Inc.actively participates in minority,CBE and/or small disadvantaged
business contracting and utilize whenever possible.
LICENSES
Roofing CCC024413
Solar CVCS6792
General Contractor CGC1507377
Mechanical -Class A CAC1818806
Electrical EC13006050
Professional Engineer (2)PE36852 /PE85793
PV-101913-002781/PVSI-072019-028634
NABCEP Certifications (2)PV-120521-013589
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 227"Street /Fort Lauderdale]Florida 33311
EXPERIENCE MATTERS.
vcEel ggoFag
ESTABLISHED 1983CC-C024413
T AB 4
Approach &Methodology
www.advancedroofing.com
800 638.6869 TE L 954.522.6868 FAX 954.566.2967
1950 NW 22'Street ]Fort Lauderdale]Florida 33311
CC-C024413
EXPERIENCE MATTERS.
ADVANCE□[i]R□□F"ING.S
ESTABLISHED 1983
Software,and Solomon Accounting Software.
SUBCONTRACTORS
Advanced Roofing,Inc.does not routinely utilize subcontractors.Over the past 40 years,
Advanced Roofing,Inc.has put money back into the company and community.
•We have our own fleet of vehicles that include trucks,cranes,semi-tractor trailers,
hydro,tower crane,equipment and dump trucks to haul our roofing debris.This allows
Advanced Roofing,Inc.the control of having trailers at our disposal when we need them
and therefore allows for a smoother project.
•We also have our own state-licensed Air Conditioning Division -This allows us to
coordinate the shutdown and raising of the air conditioning units on the roof.
•We also have our own state-licensed Electrical Division -This allows which allows us to
handle the electrical needs for roofing and solar projects.
•Lightning Protection Division
•In-house Sheet Metal Division -where we fabricate our own metal.
•We are a licensed General Contractor -which allows us to handle small contracting
items on the roof.
•Certified Solar/PV system installer for renewable energy projects.
When a project calls for subcontractors to perform work that we are not licensed to perform,
qualified subcontractors which are most competent and ready to complete the necessary to
meet schedule will be selected.
Advanced Roofing,Inc.actively participates in minority,CBE and/or small disadvantaged
business contracting and utilize whenever possible.
LICENSES
Roofing CCC024413
Solar CVC56792
General Contractor CGC1507377
Mechanical -Class A CAC1818806
Electrical EC13006050
Professional Engineer (2)PE36852 /PE85793
PV-101913-002781/PVSI-072019-028634
NABCEP Certifications (2)PV-120521-013589
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22'Street ]Fort Lauderdale]Florida 33311
intact
INSURANCE
January 2,2024
Atlantic Specialty Insurance Company
605 Highway 169 N,Suite 800
Plymouth,MN 55441
RE:Advanced Roofing,Inc.
Letter of Bondability
To Whom It May Concern:
Advanced Roofing,Inc.is a highly regarded and valued client of American Global and
Atlantic Specialty Insurance Company and is capable of providing Performance and
Payment Bonds in the amount of $40 million for any single contract and $150 million in
the aggregate.Atlantic Specialty Insurance Company is rated by AM Best as A+
(Superior),Class XV and is licensed to do business in all 50 States.
Naturally,we would expect that the execution of any final bonds would be subject
to our normal underwriting review of the final contract terms and conditions by our client
and ourselves.If we can provide any further assurances or assistance,please do not
hesitate to call upon us.
This letter does not constitute an assumption of liability,and we assume no liability to
you or to any third parties by the issuance of this letter.
Sincerely,
William Grefe Griffin
Attorney In Fact
American Global,LLC
900 South Pine Island Road,Suite 210
Plantation,FL 33324
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS,that ATLANT IC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth,
Minnesota,does hereby constitute and appoint:Ricardo Davila Lamar,William Grefe Griffin,Vivian Santiago,Torre Taylor,each individually if there be more than
one named,its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and
all other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the
execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon
said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal.This Power of Attorney is made and executed by
authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September,2012:
Resolved:That the President,any Senior Vice President or Vice-President (each an "Authorized Officer")may execute for and in behalf of the Company any and
all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto;and that the
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-
Fact.
Resolved:That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September,2012:
Resolved:That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond,
undertaking,recognizance or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed.
TN WITNESS WHEREOF,ATLANTIC SPECIAL TY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this first day of January,2023.
STATE OF MINNESOTA
HENNEPIN COUNTY
By
Sarah A.Kolar,Vice President and General Counsel
On this first day of January,2023,before me personally came Sarah A.Kolar,Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY,to
me personally known to be the individual and officer described in and who executed the preceding instrument,and she acknowledged the execution of the same,and being by me
duly sworn,that she is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON DWAN NASH.TROUT
NOTARY PUBLIC -MINNESOTA
My Commission Expires
January 31,2025 Notary Public
I,the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full
force and has not been revoked,and the resolutions set forth above are now in force.
Signed and sealed.Dated 2nd day of January 2024.
This Power of Attorney expires
January 31,2025
Please direct bond verifications to surety(@intac«insurance.com
Kara L.B.Barrow,Secretary
E X P E R IE N C E M A T T E R S
ADVANCED [ii RDDFING.5
E S T A B LI S H E D 19 8 3
Quality Control Program
Objective:The development and implementation of this program is to assure that we
provide our client with a finished product and with customer service that exceeds their
expectations as well as exceeding industry standards,code compliance standards,and
manufacturer standards.
Statement of policy:We will provide our client with the very best level of craftmanship
and customer service possible that exceeds their expectations while also exceeding
industry standard and code compliance standards.
1.Do it right the first time.Our reputation is diminished when work has to be re-
worked due to inferior installation.The financial cost of re-working an installation
costs more than twice the original installation cost.
2.If not sure,ask.Do not attempt to perform work if you are unsure of how to
perform the work.Consult the experience of your peers or other professional
resources.Experience matters and there is a great deal of experience within this
organization.
3.Expand your skills.Company provided and sponsored training is provided to
everyone within the organization in order to allow each individual to prosper
professionally and provide consistent,top notch craftsmanship.
4.Consider your workmanship as your personal signature.You are a professional
craftsman.Your product is a reflection of you as well the company.Your finished
product will be seen by the client for a long time and will serve as a constant
reminder of your creation,good or bad,so assure that a good experience and
product remain.
5.You can never get a second chance at a first impression.Clients are selective in
who they choose as their provider.There is a lot of competition out there and We
must be the best every time we perform.
6.No one remembers how fast you perform a job but rather how well the finished
product performs.Never compromise quality of work in the attempt make the job
easier or faster.Remember that our product must perform watertight for a long
time.
7.Training is an integral part of our quality control program along with
enforcement.Focusing on performing our daily duties with the focus on providing
the high level of quality is a learned behavior.Positive reinforcement as well as
enforcement is necessary for this program.
8.Subcontractors are required to abide by our quality control program.Our sub-
contractors are also a part of our team and must project our standards of quality
and professionalism.
www.advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale ]Florida 33311 /LIC #CCC024413
EXP E R IE N C E M A TTE R S
=A=D=::e!V!!!!!!!!A!!!!!!N!!!!!!C!IEl!!!Dllt}J li!IRl!!!!□l!!!□!!!!!!!!!!F!!!!!!I "=N=G=_;g
ESTA B LI S H E D 19 83
Corporate Quality Control Committee
Purpose:To provide continuous improvement of the quality control program.
Functions of the committee:
1.Formulate policies,set objectives,and evaluate results of implemented plans and
activities along with future plans to provide desired quality installation and
customer service.
2.Provide leadership and support for quality control activities.
3.Consider and act upon recommendations developed to ensure that quality
assurance is achieved and to improve the ARI Quality control program.
4.Review accumulated information to determine if the quality control program
should be enhanced or if any other action should be taken to ensure that quality
installation is being produced consistently.
5.Review quality assurance inspections and take any actions deemed appropriate.
Committee Personnel:Rob Komahrens,Michael Komahrens,Kevin Komahrens,Clint
Sockman,David Baytosh,Terry Tilson,Jason Carruth,Mike Landolfi,Bill Lester,
Douglas Herron,Michael Scardina,Glenn Watson,Frank Medina,Luis Grullon,Justin
Tyler,Chris Walsh,Julian Olarte &Ronney Taveras
Schedule:Committee will meet once every other month with additional meetings to be
determined by committee.
www.advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale /Florida 33311 /LIC #CCC024413
EXPERIENCE MATTERS
ADVANCED fi RDDFING.S
ESTABLISHED 1983
Quality Control Responsibilities and Duties
Project Foreman:
1.Responsibilities:Quality and safety starts with each employee.The project foreman is
the front line manager who sets the expectations of safety and quality with the individual
crew members.This individual provides the daily oversight of all construction processes
ensuring that the standards set are communicated and adhered to by the individual crew
members.
2.Duties:
1.Communicate daily with crew members to determine each day's work goals.
2.Oversees daily construction processes to ensure that safety and quality standards
are maintained throughout the day.Has the authority to stop work and change
personnel if needed to assure that project goals and standards are achieved.
3.Communicates and coordinates with client/site contact for schedule,logistics
and daily needs or adjustments as needed.
4.Communicates with construction manager daily to enlist assistance or additional
supervision in regard to daily processes,resources,and personnel.
5.Daily checks installation to insure that installed product is weather tight.
6.Daily checks all staged materials,equipment,and resources to ensure that project
site is safe and secure.
Construction Manager:
1.Responsibilities:Quality starts with management commitment and participation.
Goals and expectations must be set and communicated to crew members and sub -
contractors,accountability of our expectations must be enforced.Poor quality is a
reflection of management.All levels of employee from top level management to new
hire should be actively involved in this program and abide by its policy.
2.Duties:
1.Communicate quality expectations to subcontractor and foremen in regard to
policy and set a good example.
2.Support quality assurance functions and activities.
3.Conduct and review quality assurance inspections.
4.Provide resources to support this program.
5.Assist foremen in developing and implementing quality control measures on
their individual projects.
6.Assist in identifying possible training needs and opportunities.
www.advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 224 Street /Fort Lauderdale /Florida 33311 /LIC #CCC024413
EXPERIENCE MATTERS
=A=D=V'!!!!!!!A!!!!!!N!!!!!!!C!IE!!!!!Dl!!!lfj)l!IIR!l!□!!!IJ!!□!!!!!!F!!!!l!!!::=N=G=.s
ESTABLISHED 1983
Quality Control Manager:
Responsible for the overall quality control program.Overseeing the training programs to
assure that pertinent information and resources are being employed to provide a
comprehensive and effective method of increasing employee skills and knowledge.
Overseeing quality control inspectors for review of routine inspections along with trends
of deficiencies as well as assuring that routine high-quality workmanship is being
provided and that proper communication flow is occurring in regards to proactive quality
assurance measures.
Duties:
1.Develop educational and training resources.
2.Manage training programs.Curriculum,delivery,and assessment of effectiveness.
3.Oversee site inspections and communication feedback to responsible parties in
regard to positive or negative conditions noted at each project along with
recommended actions for best results.
4.Conduct site visit inspections routinely to assure that quality control measures are
being implemented and adhered to by crew,foreman,construction manager,and
quality control inspector.
5.Track performance trends and tendencies to provide issue focused training or
disciplinary recommendations.
6.Coordinate manufacturer trainings with field employees to offer the latest
products and methods that allow ARI to be a leader in roofing installation by
increasing our employees'capabilities.
7.Communicate with Quality Control Committee on monthly recaps of inspection
results,needed training,policy and procedure along with any needed changes.
www.advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 22 "Street ]Fort Lauderdale ]Flor ida 33311 /LIC #CCC024413
EXP E R IE N C E M A TT ER S
ADVANCED r:i1i RDDF"I NG.5
ESTA B LI S H ED 19 83
Project Manager:
The project manager provides the pertinent information of customer expectations,roof
system performance criteria,manufacturer's installation specifications,details,and
requirements,as well as building code requirements.This information is communicated
to the Construction Manager in a formalized meeting with time allotted for feedback and
clarification.This process is a critical link that occurs consistently,so that what is
expected at the start of a project is implemented and consistently checked throughout the
construction process.This ultimately provides the sound base on which the expectation of
our customer is quantified and can then be exceeded or met.This communication is open
and consistent throughout the project.
Duties:
1.Compile a project handbook that includes all pertinent information about the project.
At minimum,provide the following:
•Project directory with address,site contacts,inspector contact info,
•Project specifications along with any project specific special concerns or
issues expected.
•Product data sheets for all products to be used during installation.
•Roofing manufacturer's installation instructions or specifications.
•Construction plans and /or manufacturer printed flashing details.
•Copy of approved submittals.
•Permit package.
•Planned production budget and schedule.
2.Conduct a handoff meeting with the construction manager to review the project
handbook for clarification and buy in.Any confusion or disagreement on the plan
should be resolved prior to project kick off.
3.Conduct periodic inspections of the project to review actual conditions versus plan.
Document and communicate quality deficiencies to the quality control manager and
construction manager.
4.Provide feedback from customer in regards to quality provision.Satisfied or not
satisfied and define things that either satisfied the customer or not satisfied the
customer.This information can be shared with the quality committee or with the
quality control manager to then be distributed to the committee.
www .advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 22 "Street /Fort Lauderdale ]Flor ida 33311 /LIC #CCC024413
EXPERIENCE MATTERS
ADVANCED ti)RDDFIN6S
ESTABLISHED 1983
Quality Control Inspector:
Provide a routine observation of ongoing projects at differing stages of progress to assure
that the processes and completed installation meets Advanced Roofing standards of
craftsmanship along with contract and industry compliance standards.Deficiencies,if
noted will be addressed with the foreman and/or construction manager on site for
expedient attention to the matter.A report of the observations along with any noted
deficiencies will be provided to the construction manager,project manager,quality
control manager,and operations manager daily for each project inspected.This report is
followed up on by the Quality Control inspector along with divisional managers and
project manager to ensure that the deficiency is resolved and that measures are put in
place to prevent possibility of repeat issue.
Duties:
1.Conduct routine inspections of in progress projects to confirm that workmanship
is being performed at Advanced Roofing standards and contractual and industry
standards compliance.
2.Communicate with site foreman and construction manager any deficiencies noted
so that expedient corrections can be made.
3.Coach,mentor,and demonstrate proper detail,application,or methodology in
regard to found deficiencies.
4.Ensure that proper detail,application,and methodology is continued.
5.Conduct pre-final inspections of roofing projects prior to final inspection with
consultant,manufacturer representative,owner,or code enforcement to assure
that the completed roof installation is completed to Advanced Roofing standards.
6.Compose reports that include photographs and captions to document findings of
all inspections.Send a copy of inspection reports to the Quality Control Manager,
Construction Manager,and Project Manager of associated project.
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22°Street ]Fort Lauderdale ]Florida 33311 /LIC #CCC024413
EXP E R IE N C E M A TT E R S
ADVANCED ':iJ ROOFINGS
ESTAB L IS H ED 19 8 3
Trainer:
Actively recruit prospects to work as roofer /laborers.Create and maintain
sources for talent acquisition.Prepare curriculum and training resources with associated
content for providing industry best practices and techniques in regards to roof
installation.Provide and manage training that is hands on as well as third party
performed.Maintain a log of attendee training with completed competencies of each
attendee for documentation of attendee skill levels.Maintain and manage a multiple
tiered apprenticeship program.Research and maintain documentation for government
sponsored training programs that can offset training costs.
Responsibilities:
1.Responsible for networking and recruiting from local trade schools,trade
organizations,and other events.Create and maintain all training documentation,
including in-house and out-sourced training to ensure employees are properly
trained to Advanced Roofing's quality requirements.
2.Selects or develops teaching aids,such as handbooks,manuals,demonstration
models,multimedia visual aids,and reference works.Course Material will
change based on market's need for roofing type.
3.Coordinate with employees and department managers on the best days and times
for training.The instructor will be responsible for keeping attendance of
employees and time records.
4.Develop a multiple tier program that coordinates with the training material and
schedule.The program will need to be government approved and acknowledged.
A spreadsheet and government paperwork will need to be created as well as a
compensation system for the apprentices as they progress.
5.Maintain government paperwork and spreadsheet of each employee's progress.
Training instructor will meet with department managers to determine what skills
and new employees will enroll in the apprenticeship program.The training
instructor will evaluate progress and compensation of each participant.
6.Responsible for researching different grants and programs to offset training costs.
They will be responsible for filling out paperwork and tracking grant money.
7.Responsible to reach out to our different manufacturers and distributors to
leverage our relationship for free training and training materials.They will also be
responsible to find out about any new materials.
8.Maintain a spreadsheet for all current employees to track training courses,skills
and certifications.This will include the level of training and job title received.
www.advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 22 °Street /Fort Lauderdale [Florida 33311 /LIC #CCC024413
E X P E R IE N C E M A T T E R S
ADVANCED~RDDFING.S
E S T A B LI S H E D 19 8 3
Inspections and Reporting Procedures
In House Inspections:
In-house inspections of each project are to be conducted by the assigned construction
manager as well as the quality control inspector.These inspections will be conducted using a
standardized checklist as well as project /system specific requirements.
Purpose:
To ensure that ARI standards of quality are being adhered to as well as requirements of the
project specifications.To also provide informational reports so that deficiency tends can be
tracked and referenced for focused training efforts.To also track positive as well as negative
trends in regards to personnel performance.
Quality Control Inspector:
I.Start up and In-progress inspections of work will be conducted by the quality control
inspector to confirm that work performed meets Advanced Roofing requirements and
standards.Review of project specifications will be reviewed to assure that the work
being performed conforms to the project specifications.
2.Deficiencies noted will be addressed on site with the project foreman and/or
construction manager.Deficiencies are to be addressed as soon as possible by the
foreman and construction manager and documented to assure that corrections are
made.
3.Pre-final inspections are to be conducted by the quality control manager prior to final
inspection with owner,consultant,manufacturer representative,or municipality
inspector.Any deficiencies noted are to be addressed prior to above listed inspections
and photographic documentation of corrections are to be sent to the quality control
manager,project manager,and operations manager.
Reports:
I.Photographic and informative reports will be composed at each inspection by the
quality control inspector.
2.General site conditions will be included along with any deficiencies that are noted.
Deficiencies that are corrected must be photographically documented and sent to the
Quality Control Inspector and Quality Control Manager for reference and/or a
reinspection can be conducted by the quality control inspector to confirm the
corrections.Inspection reports are to be sent out daily from the quality control
inspector to the quality control manager,the project manager,the construction
manager,and operations manager.Deficiencies noted on each report are to be logged
on a spreadsheet for tracking by the quality control inspector.
3.Construction Managers are to review the reports and address any deficiencies noted
as well as provide documentation to the quality control inspector that corrections
have been made.
4.The quality control manager will present to the quality control committee a
spreadsheet of conducted inspections with tracked deficiencies and items of concern
at monthly committee meetings.
www.advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 22°Street ]Fort Lauderdale ]Florida 33311 /LIC #CCC024413
EXP E R IE N C E M A TTE RS
=A=o"""'v!'!!!!!A~N-C~E!!!!!!!D!l[J]l!!!!!!!!!R!l!□!l!!!!!□!!!!!!F!!!!l~N=G=.;g
ES TAB LI S H E D 19 83
Code Enforcement Inspections
Purpose:
To ensure project is completed per FBC requirements.
Scope:
Daily inspections are to be called into required City Building Department before cut-off
time in proper sequence.
Related Documents:
•Job book
•Notice of Commencement
•Permit Card
Responsibilities:
1.PM to have all permit related documents in order prior to job start up
2.Foreman to call in daily inspections
3.Foreman to maintain a log with confirmation number
4.CM to follow up that inspections are being called in daily
5.Foreman to notify CM of any red-tags due to permit issues
6.CM to tum in signed off permit to Permit Coordinator
Operating Procedures:
1.CM and foreman to review contents of permit package at preplan session.
2.Foreman to call in an inspection before cut off time one day prior to first day of
demolition.
3.Foreman to document confirmation number and contact information of person
they spoke to at Building Department.
4.Foreman to log all calls made to Building Department
5.Foreman is to notify CM when inspector does not show up for inspection.
6.CM should notify Permit Coordinator if inspectors are not showing up.
7.Foreman to notify Building Department or Inspector personally of any scheduled
sight visit cancellations.
8.Foreman to call in for a Final Inspection when all phases of roofing have been
completed to SBC regulations.
9.Foreman to turn in inspection log and signed permit to CM.
10.CM to tum in inspection and signed off permit to Permit Coordinator.
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22 "Street ]Fort Lauderdale ]Florida 33311 /LIC #CCC024413
EXPERIENCE MATTERS
ADVANCED ~i)RDDFINC;S
ESTABLI SHED 1983
Manufacturer Inspections
Purpose:
To assure that the roofing system manufacturer's requirements and specifications are
being adhered to so that issuance of the project specified roof system warranty can be
issued with no hindrances.Additional assurance that completed installation is verified
and confirmed to be of high quality and will perform as expected.
Scope:
Pre-construction,in-progress,and final inspections are to be coordinated with the roofing
system technical representative to assure that the manufacturer's requirements and
specifications are being adhered to so that the specified roof system warranty can be
issued with no hindrances.
Responsibilities:
1.Project manager to provide to CM the technical representative contact
information.
2.Project manager to provide within the job book the manufacturer's specifications
and installation manuals.
3.Project manager to provide to CM information that may require special/
milestone I in-progress inspections by the manufacturer's technical representative.
4.CM will review manufacturer's specifications and requirements and assure that
the foreman and crew are adhering to these requirements during the installation.
5.CM will contact and coordinate with the manufacturer's technical representative,
ARI PM,owner's representative,consultant,etc.to assure that the appropriate in-
progress inspections occur.
6.CM will review all inspections reports issued by the technical representative and
communicate with PM on remediation efforts in regards to any noted deficiencies.
7.CM will document all remediation efforts made to any noted deficiencies noted in
the technical representative's inspection report.
www.advancedroofing.com
800 638.6869 TEL 954 .522.6868 FAX 954.566.2967
1950 NW 22 Street ]Fort Lauderdale ]Florida 33311 /LIC #CCC024413
INSURANCE
RISK MANAGEMENT
EMPLOYEE BENEFITS
1~1 NAIIONAl ROOFINGlJii£Re Robert P.Foote,President
Frank H.Furman,Inc.
1314E.Atlantic Blvd.
Pompano Beach,FL.33060
Main:954.943.5050
Toll Free 800.344.4838
Mobile:954.609.0820
Rob@furmaninsurance.com
January 1,2024
RE:ADVANCED ROOFING INC.(ARI)-Risk Management/Insurance Protection
We are the risk advisor for Advanced Roofing,Inc.The purpose of our correspondence is to share
with you some of the highlights of the Advanced Roofing risk management programs.We will be
sharing with you some details of the protection Advanced Roofing,Inc.provides to their clients to
protect your assets.ARI has achieved an A+superior risk management rating due to their strict
risk and job safety quality controls.
►RECOGNITION BY INSURER -AXA XL is the Insurance Provider for ARI for several key
components of their Insurance Portfolio.AXA XL is the insurance provider of choice for several of
the Top 25 Roofing Professionals throughout the country.AXA XL recognizes Advanced Roofing as
a "best in class"contractor for ARl's performance record relative to safety,controlling losses and
quality controls.
►ARI CLIENTS'ASSET PROTECTION -ARI has a $12M (Auto)/$14M (GL)aggregate limit of
insurance protection per accident/incident in the event of a bodily injury or property damage
claim that may occur on a jobsite or while ARI operates an automobile on the jobsite.
►ARl's exceptional workers'compensation experience modification rating of .69 allows
them to secure reduced insurance rates which,in turn,translates into savings for you,their
clients.This .69 rating is 31 points better than the average roofing contractor,and places ARI in
the top 2 percentile of Roofing Professionals,nationwide,from a performance rating perspective.
Advanced Roofing,Inc.has a full-time safety director,an assistant safety director (CHST
designation from BCSP),three safety professionals who are assigned to the different regions of
the state,8 active CERTA trainers,two safety professionals who are CPR/First Aid/AED Trainers,
and a risk manager that aggressively manages their internal,as well as managing their clients'risk
during their construction projects.Advanced Roofing,Inc.believes deeply in educating and
training their roofing mechanics to deliver the quality and workmanship your roofing asset
deserves.The ARI training program separates them from many other roofing professionals.This
past year alone,Advanced Roofing,Inc.has conducted the following training programs:
Page[2
►Employees have received the OSHA 10-hour training to promote safety competency.
►Foremen and Construction Managers have received the OSHA 30-Hour training.
►Employees have been trained in Certified Roofing Torch Applicators (CERTA).
►Foremen and Managers have completed Respirable Crystalline Silica OSHA training.
►Foremen,leadmen,and supervisors have received Mobile Elevated Working Platforms training.
►Foremen and lead men received Crane Rigging and Signaling OSHA certification.
►Foremen and Construction Managers received certification in first aid and CPR.
►557 safety inspections with an 86%success rate.
►All approved drivers have attended the National Safety Council Defensive Driving Course.
►ARI Safety Department conducts new hire safety training at 7 a.m.Mondays and Thursdays
every week.
►GENERAL LIABILITY PROTECTION -$2M Per Occurrence/$4M General Aggregate/$4M
Products and Completed Operations Aggregate.Advanced Roofing has the following protection
included in their general liability portfolio of protection:
o Habitational/Residential -Including Multi-Family
o Torch Coverage
o "Hot"Applied Roof System Coverage
o Unlimited Building Height Protection
o Water Damage Coverage
►AUTOMOBILE PROTECTION -ARI has an occurrence limit on the commercial automobile
protection of $12M in the event there is a covered bodily injury or property damage on your job
site stemming from Advanced Roofing's operations.(Carrier A+Superior rated A.M.Best Co.)
►COMMERCIAL UMBRELLA -Advanced Roofing has a $10M limit of liability.(Starr
Indemnity &Liability Company is A.M.Best rated A Excellent).Their umbrella provides protection
above their underlying general liability and auto protection.
►INSTALLATION FLOATER --BUILDERS'RISK -ARI has secured $5.5M in protection for
certain stored materials that are to be installed on your job site,with a $15M aggregate.This
protection reduces the economic loss to you,the owner of the project,during the course of
construction.
►MOLD/POLLUTION LIABILITY PROTECTION -ARI has secured $2M limits per claim/$2M
Aggregate of liability to protect you,the owner,in the event that there is a covered cause of loss
stemming from mold,algae,fungi,etc.as a result of the roofing operations of ARI.This highly
specialized coverage illustrates to you,the owner,that ARI is serious about protecting your assets
during the course of the construction project.
►THEFT --ARI's Crime Policy includes Theft of Client Property While on the Client Property in
the amount of $500,000 and includes money,securities,or other tangible property.
►EMPLOYMENT PRACTICES LIABILITY --ARI's $1M Employment Practices Liability Policy
includes Third Party Coverage,affording coverage should ARI customers claim wrongful conduct.
Commercial &Personal Insurance I Employee Benefits I Risk Management I OSHA Compliance
Page [3
►CYBER LIABILITY --ARI has Cyber Theft for any ARI customer whose company or personal
information is stolen or damaged through a hack on ARl's system,with limits of $1M.
When you are investing in a roofing system,we encourage you to explore deeper than what is the
cost of the roof.Advanced Roofing's commitment to quality and the experience they deliver
places them at the top of the roofing profession.
ARI is recognized for their industry accomplishments as well as for reinvesting back to the
community and environment.Experience Does Matter!Whether it be service,maintenance,new
construction,re-roofing,repairs,or retro-fit,ARI has a solid portfolio of insurance protection in
order to responsibly protect your project's building assets
Sincerely,A.dPt
Robert P.Foote,President
CPCU,ARM,AIM,CRIS,AFSB
RF:mr
Commercial &Personal Insurance I Employee Benefits I Risk Management I OSHA Compliance
INSURANCE
RISK MANAGEMENT
EMPLOYEE BENEFITS
December 12,2023
Advanced Roofing Inc.
1950 NW 22 Street
Ft.Lauderdale,FL 33311
To Whom It May Concern:
l~NATIONAL •oor1NG
IIIiii
@
Robert P.Foote,President
Frank H.Furman,Inc.
1314E.Atlantic Blvd.
Pompano Beach,FL.33060
Main:954.943.5050
Toll Free 800.344.4838
Mobile:954.609.0820
Rob@furmaninsurance.com
As the insurance advisors for Advanced Roofing,Inc.,we submit this letter of confirmation of three
years'Workers'Compensation Experience Modification Rates:
POLICY TERM
1/1/2024
1/1/2023
1/1/2022
NCCI RATING
.69
.58
.63
If additional information required,please contact Mel Rhinehardt,Account Manager at 954-943-5050
ext.207,or email at mel@furmaninsurance.com
Sincerely,1to1Pt
Robert P.Foote,CPCU,ARM,AIM,CRIS,AFSB
President
rob@furmaninsurance.com
Commercial &Personal Insurance I Employee Benefits I Risk Management I OSHA Compliance
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYYY)
~12/20/2023
THIS CERTIFICATE IS ISSUED AS A MATT ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXT END OR ALTER THE COVERA GE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURA NCE DOES NOT CONSTITUTE A CONTRACT BETW EEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the term s and conditions of the policy,certa in policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER e@rt/a
NAME:
Frank H.Furman,Inc.PHONE (954)943-5050 I FAX (954)942-6310(AIC.No.Ext):(A/C.No):
1314 East Atlantic Blvd.5,",3.shannong@furm aninsuran ce.com
P.0.Box 1927 INSURER(S)AFFORDING COVERA GE NAIC #
Pompano Beach FL 33061 INSURER A:Greenwich Insurance Companv 22322
INSURED INSURER B:Starr Indemn i tv &Liaiblitv Company 38318
Advanced Roofing Inc INSURER C B ridaefield Emplovers Ins Co 10701
1950 NW 22nd Street INSURER D:Continental Casualty Co 20443
INSURER E:Federal Insurance Comp any 20281
Fort Lauderdale FL 33311 INSURER F:
COVERAGES CERTIFICATE NUMBER:Jan 24 FEL all w IF &Cr REVISION NUMBER:
THIS IS TO CERTIFY TH AT TH E POLICIES OF INSURA NCE LISTED BELOW HAVE BEEN ISSUED TO TH E INSURED NAMED ABOVE FOR TH E POLICY PERIOD
INDICATED.NOTW ITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFF ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS.
INSR ADDL SUBR POLICYEFF POLICY EXP LIMITSLTRTYPEOFINSURANCEttyaPOLICYNUMBER(MM/DD/YYYY )(MM/DD/vvvv
X COMMERCIAL GENERA L LIABILITY EACH OCCURRENCE s 2,000,000-D CLAIMS-MADE [Glos DAM AGE TO RENTEDAPREMISES(Ea occurrence)s 300,000
>--
X Contractual &XCU incl CGS740979405 1/1/2024 1/1/2025 MED EXP (Any one person)s 10,000
>--
Lx Broad Form Prop Dmg PERSONAL &ADV INJURY $2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER:GENERA L AGGREGATE s 4,000,000R0PRO-[zlo-PRODUCTS -COMPIOP AGG s 4,000,000POLICYJECT
OTHER :Employee Benefits s 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 2,000,000(Ea accident)-
X ANY AUTO BODILY INJURY (Per person)sA-ALL OWNED -SCHEDULED
AUTOS AUTOS CAH 740979505 1/1/2024 1/1/2025 BODILY INJURY (Per accident)s--NON-OWNED PROPERTY DAMAGEXHIREDAUTOSXAUTOS(Per accident)$--
PIP-Basic s 10,000
UMBRELLA LIAB HOCCUR EACH OCCURRENCE s 10,000,000>--
B X EXCESS LLAB CLAIMS-MAD E AGGREGATE s 10,000,000
oeD [X ]RETENTION $S 0 1000588143241 1/1/2024 1/1/2025 s
WORKERS COMPENSATION \Me I IOTH-
AND EMPLOYERS'LIABILITY ER
Y/NANYPROPRIETOR/PARTNER/EXECUTIVE □E.L.EACH ACCIDENT s 1,000,000
OFFICER/MEMBER EXCLUDED ?NIA
C (Mandatory in NH)830-56020 1/1/2024 1/1/2025 E.L.DISEASE -EA EMPLOYEE s 1,000,000
If yes,describe under s 1 000 000DESCRIPTIONOFOPERATIONSbelowE.L.DISEAS E -POLICY LIMIT
D Installation Floater incl W/H 4016260407 1/1/2024 1/1/2025 Per Jobsite/Aggregate $5.5MM/$15MM
E Crime/EE Theft of Client Prop 82494026 1/1/2024 1/1/2025 Per Loss/Deductible $500,000/$15,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
FOR BIDDING PURPOSES THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
I Tina Mangum/MR 1-%,
ACORD 25 (2014/01)
INS025 (201401)
1988-2014 ACORD CORPORATION.AII rights reserv ed.
The ACORD name and logo are registered marks of ACORD
I ADVANCED ROOFING OFFICE LOCATIONS
ppurct Marren
ACVANCEC 8 AIR SYSTEMS
transit tao
EXPERIENCE MATTERS
ADVANCED (i ROOFING.§U-W,,ill·IOllll~lll#lll•l!•01E
7r
ESTABLISHED 1983
L.TON GT GADsoN
Fort Lauderdale
Michael Kornahrens •Branch Manager
Office:954-522-6868 /Toll-free:800-638-6869
Cell:954-553-8577
Email:MichaelK@advancedroofing.com
Address:1950 NW 22 Street,Fort Lauderdale FL 33311
Christopher Walsh •Service Manager
Office:954-522-6868 x1099 /Toll-free:800-638-6869
Cell:954-649-8165
Email:ChristopherW@advancedroofing.com
Service Email:ServiceSFL@advancedroofing.com
Miami
Julian Olarte -Branch Manager
Office:305-456-2544 /Toll-free:800-638-6869 x1102
Cell:786-477-3873
Email:JulianO@advancedroofing.com
Address:1733 NW 21st Terrace,Miami FL 33142
Service Email:ServiceSFL@advancedroofing.com
Jupiter •Palm Beach
Tim Truelove -Branch Manager
Office:561-743-6952 /Toll-free:800-638-6869 x1131
Cell:561-386-3425
Email:TimT@advancedroofing.com
Address:1601 Park Lane South,Suite 100,Jupiter FL 33458
Service Email:ServiceSFL@advancedroofing.com
Jacksonville
Christopher Alls •Service Manager
Office:904-826-3860 I Toll-free:866-365-6071
Cell:904-307-0145
Email:ChristopherA@advancedroofing.com
Address:11031 North Main Street,Jacksonville FL 32218
Service Email:ServiceCFL@advancedroofing.com
Sanford •Orlando
Jason Carruth -Branch Manager
Office:407-322-1555 /Toll-free:866-365-6071
Cell:407-509-4190
Email:JasonC@advancedroofing.com
Address:200 Northstar Court,Sanford FL 3277 1
Paco Guzman -Service Manager
Office:407-322-1555 /Toll-free:866-365-6071
Cell:954-319-1130
Email:FranciscoG@advancedroofing.com
Tampa •Saint Petersburg
Bill Lester -Branch Manager
Office:813-885-5811 /Toll-free:800-354-9896
Cell:813-734-2136
Email:BillL@advancedroofing.com
Address:4909 West Knollwood Street,Tampa FL 33634
Jeff Maurer -Service Manager
Office:813-885-5811 /Toll-free:800-354-9896
Cell:727-919-4648
Email:JeffM@advancedroofing.com
Service Email:ServiceTampa@advancedroofing.com
Fort Myers•Naples
Joseph Cleland •Branch Manager
Office:239-208-8809 I Toll-free:800-354-9896
Cell:954-861-7979
Email:JosephC@advancedroofing.com
Address:14231 Jetport Road,Unit 15,Fort Myers FL 33913
Service Email:ServiceTampa@advancedroofing.com I
North Florida •Panhandle
Jason Carruth •Regional Manager
Office:407-322-1555 /Toll-free:866-365-6071
Cell:407-509-4190
Email:JasonC@advancedroofing.com
Address:200 Northstar Court,Sanford FL 32771
Service Email:ServiceCFL@advancedroofing.com
South Florida Regional Contact
Kevin Kornahrens •Executive Vice President
Office:954-522-6868 x 1177
Cell:321-482-0546
Email:KevinK@advancedroofing.com
Address:1950 NW 22nd St,Ft.Lauderdale,FL 333111
Air Conditioning I HVAC
Paul Murphy -Service Manager
Office:954-332-1418 x 1620
Cell:321-482-0546
Email:Paulm@advancedairsystem.com
Address:2100 NW 21st Avenue,Fort Lauderdale FL 33311
Service Email:Service@advancedairsystem.com
Solar I Electric
Clint Sockman -Executive Vice President
Office:954-522-6868 x1060
Cell:954-232-8772
Email:Clints@agt.com
Address:1950 NW 22 Street,Fort Lauderdale FL 33311
EXPERIENCE MATTERS.
ADVANCED ~~R□□FINGi.~
ESTABLISHED 1983CC-C024413
SBE/MBE/WBE Participation Plan
Advanced Roofing actively participates in meeting or surpassing the percentage goals of the
SBE/MBE/WBE programs.We are committed to having strong working relationships with
certified SBE/MBE/WBE contractors.With over 30 term contracts established with clients we
have been serving for over three decades,Advanced Roofing,Inc.makes every effort to
incorporate small,minority or women-owned businesses in our construction plan.
As a result of our excellent working relationship with a sizeable pool of licensed and approved
SBE/MBE/WBE contractors throughout the state,Advanced Roofing is able to call on these
contractors as needed.Just as we provide our services on time and on budget,we expect the
same performance from our SBE/MBE/WBE contractors.
If a SBE/MBE/WBE contractor is needed that we have not previously worked with we will put an
ad in the newspaper soliciting the work,research which contractors are available for the work
needed in the certified directory and make the necessary phone calls/emails to solicit,invite and
encourage SBE/MBE/WBE participation as well as giving assistance if needed in reviewing the
contract plans and specifications and assisting any interested SBE/MBE/WBE firms in obtaining
required bonding,lines of credit,or insurance if such assistance is necessary.
When a project calls for subcontractors to perform work that we are not licensed to perform,
qualified subcontractors which are most competent and ready to complete the necessary to
meet schedule will be selected.
Listed below are a few of the minority contractors we have a working relationship with;
Plumbing Contractor
CV Ocean Plumbing,Inc.
Hispanic-American S/MBE
10651 NW 132nd St.,Hialeah Gardens,FL 33018
(305)558-4624 -Eddilyn Leiro ernicaballero@hotmail.com
Material Supplier
Concrete Solutions Group,LLC
Asian-Pacific American S/M/WBE
8469 NW 44th Ct.,Coral Springs,FL 33065
(954)401-4872 -Eliza Chan echan316@yahoo.com
Material Supplier (Soprema)
Trintec Construction,Inc.dba Icon Roofing
White Female S/MBE
13091 NW 43"Ave.
Opa-locka,FL 33054
(305)685-3001-Petulia Schvartz pschvartz@trintecinc.com
www .advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22°Street ]Fort Lauderdale/Florida 33311
EXPERIENCE MATTERS.
VANE7ft,',oosg--
ESTABLISHED 1983CC-C024413
Sheet Metal
Duval Sheet Metal,Inc.
African-American M/WBE
2200 4"Ave.N.,Suite 7,Lake Worth,FL 33461
P:561-547-5282 F:561-547-9594 C:561-371-2015 -Daniela Duval daniela@duvalsheetmetal.com
Roofing Contractor/Construction Services
A.Herrmann Associates,Inc.dba Associates Roofing
CBE/SBE
2351 Thomas St.
Hollywood,FL 33020
P:(954)921-4096 F:(954)921-1371-Art Herrmann info@associatesroofing.com
Construction Services
Renco Development,Inc.
African-American E/S/MBE
3025 SW 189 Ave.
Miramar,FL 33029
P:(954)993-2039 -Kwame Wilson info@rencodevelopment.com
Interior Protection
We Pro Tee,LLC
WBE
7300 West McNab Rd.,Suite 111
Tamarac,FL 33321
P:(754)484-7110 C:(954)740-4700 -Marie Hinkson marie@wepro-tec.com
Mechanical/Equipment Supplier
Kwik Kool Air Conditioning,Inc.
Hispanic-American E/S/M/WBE
14024 SW 140th St.,Miami,FL 33186
(305)251-1125 -Gloria Diaz-Carney gdc@mcarney.com
www.advancedroofing.com
800 638.6869 TEL 954.522.6868 FAX 954.566.2967
1950 NW 22"Street ]Fort Lauderdale]Florida 33311