Addendum No. 6 RFP 2014-206-SR _o
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 6
REQUEST FOR PROPOSAL NO. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE
REHABILITATION & RESTORATION PROJECT (THE "RFP")
JUNE 3, 2014
This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City.The RFP is amended in the following particulars only.
1. SITE VISIT: an additional site visit has been scheduled for:
Date: Thursday,June 5, 2014
Time: 10 am to 11 am
Location: 1965 and 1975 Washington Ave, Miami Beach, FL 33139
NOTE: NO FURTHER SITE VISITS WILL BE ALLOWED.
Be advised that this project is time sensitive;therefore,the deadline for receipt of proposals cannot be extended.
Proposals are due on or before 3:00 p.m.on June 12,2014, at the following location:
Miami Beach City Hall
Procurement Management Department
Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which
the Proposer is solely responsible.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov
Contact. Telephone. Email
Alex Denis 305-673-7000 ext.7490 adenis@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission.
Sincerely,
_�A-
,L
Alex Denis
Procurement Director
1 1 ADDENDUM 6 RFP 2014-206-SR LONDON HOUSE
- AMA/01BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 5
REQUEST FOR PROPOSAL NO. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE
REHABILITATION & RESTORATION PROJECT (THE "RFP")
MAY 29, 2014
This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City.The RFP is amended in the following particulars only.
1, SITE VISIT: an additional site visit has been scheduled for:
Date: Monday,June 2, 2014
Time:9 am to 12 pm
Location: 1965 and 1975 Washington Ave, Miami Beach, FL 33139
Be advised that this project is time sensitive;therefore,the deadline for receipt of proposals cannot be extended.
Proposals are due on or before 3:00 p.m.on June 12,2014, at the following location:
Miami Beach City Hall
Procurement Management Department
Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which
the Proposer is solely responsible.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado @miamibeachfi.gov
Contact: Telephone: Email:
Alex Denis 305-673-7000 ext. 7490 adenis@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission.
Sincerely,
Alex Denis
Procurement Director
1 1 ADDENDUM 5 RFP 2014-206-SR LONDON HOUSE
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO.4
REQUEST FOR PROPOSAL NO.2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE
REHABILITATION &RESTORATION PROJECT(THE"RFP")
MAY 28, 2014
This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City.The RFP is amended in the following particulars only.
1. REMINDER: The deadline for the receipt of proposals is extended until 3:00 p.m., on June 12, 2014, at the following
location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for
which the Proposer is solely responsible.
2. RESPONSES TO QUESTIONS RECEIVED:
Q1: Has asbestos abatement been completed?.
A1: There has been no definitive documentation provided to the City from the previous Developer to confirm or
deny abatement of Building 1965; however, all exterior upstairs doors for building 1965 (with the exception of one
of them)have been removed and replaced.
Q2: Addendum 2,Answer to Question 20, states that the NOA is attached. NOA was not attached.
A2: NOA was released as a supplement to Addendum 2.Any bidder that has not received NOA may obtain a copy
via Public Purchase(www.publicpurchase.com)or by contacting the individual named below.
Q3: Given the cost, could the Dun and Bradstreet Supplier Qualifier Report(SQR) be deleted?
A3: The cost of the D&B SQR is approximately $91 and is a requirement of the solicitation. Any questions
regarding the D&B SQR should be directed to Larry Bullington at 904.262.9518 or 1-800.999-3867, ext. 6098. The
City may require additional information as noted in the solicitation to ascertain the financial capacity of the bidder.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov
Contact: Telephone: Email:
Alex Denis 305-673-7000 ext.7490 adenis@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
Sincerely,
Alex Denis{,
Procurement Director
1 ADDENDUM 4 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
MAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139, www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 3
REQUEST FOR PROPOSAL NO. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE
REHABILITATION & RESTORATION PROJECT (THE -RFP")
MAY 221 2014
This Addendum to the above-referenced RFP is issued in response to questions from prospective
proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following
particulars only.
1. DEADLINE EXTENSION: The deadline for receipt of questions is extended until May 27, 2014.
Following receipt of questions, it is anticipated that an addendum responding to all questions will be
released on May 28, 2014.
2. DEADLINE EXTENSION: The deadline for the receipt of proposals is extended until 3:00 p.m., on
June 12, 2014, at the following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic
or other delays for which the Proposer is solely responsible.
Any questions regarding this Addendum should be submitted in writing to the Procurement
Management Department to the attention of the individual named below, with a copy to the City Clerk's ;
Office at RafaelGranado @miamibeachfl.gov '
i
Contact: Telephone: Email:
Alex Denis 305-673-7000 ext. 7490 adenis@miamibeachfl.gov
J40icurement are reminded to acknowledge receipt of this addendum as part of your RFQ submission. j
i
Director
••�'V'C:M!!YY tStw/"'Y ""' 10"7•YT :,'Mtlu%tltlW"Y'tIWCY�I�••••.•x
1 1 ADDENDUM 2 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 2
REQUEST FOR PROPOSAL NO. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE
REHABILITATION & RESTORATION PROJECT (THE "RFP")
MAY 19, 2014
This Addendum to the above-referenced RFP is issued in response to questions from prospective
proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following
particulars only.
1. DEADLINE EXTENSION: Proposals are now due on or before 3:00 p.m., on May 23, 2014 at the
following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic
or other delays for which the Proposer is solely responsible.
2. SIGN-IN SKEET: The sign-in sheet for the Pre-Proposal Conference is attached.
3. PROCUREMENT CONTACT: The Procurement Contact for this RFP has been changed to the
individual named below.
Contact: Telephone: Email:
Alex Denis 305-673-7000 ext. 7490 adenis@miamibeachfl.gov
4 CLARIFICATION: DB Firm shall be responsible for termite treatment of Building 1965 (tenting),
C C P 9 ( 9),
which must take place prior to commencement of construction.
5. CLARIFICATION: There is no structural allowance. Please put N/A (Not Applicable) for item #19 in
the "RFP (GMP) Price Form" for a Structural Allowance for both Buildings 1965 and 1975 as there
will not be an allowance for this item.
6. RESPONSES TO QUESTIONS RECEIVED:
Q1: Bid Documents indicates that the Firm submitting a proposal must include a licensed A/E in the
State of Florida. 1- Please clarify if an A/E firm can be the designer for more than one
General Contractor(Design Build Firm) submitting a proposal.
Al: Yes.
A2: The RFP timetable states that the deadline to receive questions is May 12, 2014. The pre-
proposal interpretations state that written questions should be received no less than (7)
calendar days prior to the date of the opening of Proposals (being May 14, 2014). Which
is the last day for questions?
A2: The last day for questions is May 12tH.
1 1 ADDENDUM 2 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
Q3: In Item #2.7.7 of Section 00315 - Proposal Submission Requirements, it states that the"
proposer must perform at least sixty (20%) of the construction work with the firm's own
forces." Please specify whether it is 60% or 20%.
A3: The proposer shall perform (20%) twenty percent of the construction work with the firm's
own forces.
Q4: In Item #4.2 of Section 00315— Proposal Submission Requirements, it states in the note that
maximum design and construction time for the project shall not exceed five hundred and
seventy (480) consecutive calendar days. Please specify whether it is 570 days or 480
days.
A4: The maximum design and construction time for the project shall not exceed four hundred and
eighty (480) consecutive calendar days.
Q5: Can the city provide either an estimated permit budget or set a permitting allowance in the price
form? This way all bidders are using the same number for the permitting line item.
A5: The permit allowance for Building 1965 shall be $27,000. The permit allowance for Building 1975
shall be $50,000.
Q6: Are there any environmental issues such as but not limited to asbestos, lead paint or'any other
type of contamination?
A6: There aren't any environmental issues that the city is aware of apart from asbestos that was
identified in the asbestos survey.
Q7: How are the 75 points in step 1 of the Qualitative Criteria divided within 9 categories?
I
A7: The Evaluation Committee will consider all factors when assigning points for qualitative criteria.
Q8: Please advise of DBE, CSBE or other minority requirements.
A8: The Prime Contractor shall take all necessary affirmative steps to assure that minority firms,
women's business enterprises, and labor surplus area firms are used when possible, including but
not limited to:
• Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
• Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
• Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority business, and women's business
enterprises;
• Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises;
• Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce.
Q9: There is a conflict in the minimum requirements between the criteria stated in Page 5„ item 3,
Minimum Qualifications of the Proposer and page 27, item 2.4, Residential Rehabilitation
Experience. The requirements on page 27 are much more restrictive and targeted. We
suggest the requirements as per page 5 and even within those requirement, to lower the
forth bullet for the 7 project requirement for the firm.
2 1 ADDENDUM 2 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
A9: The minimum requirements described on page 5 shall govern.
Q10: We observed much work that seem to be substandard, are we responsible for correcting and
replacing all existing deficient work and bring up to code even if it is in place and may
have passed inspection?
A10: DB Firm shall be responsible for the design and construction of this project including any and all
corrective work that your FOR deems necessary in order to comply with all applicable Local and
State Building Codes as well as Ordinances and Regulations.
Q11: Are we responsible for work that may have passed inspection.
A11: Yes
Q12: Are we responsible for work that has been completed?
Al2: Yes
Q13: Are the bidders to use the existing plans as the scope of work and intended design?
A13: The existing plans & specifications are to be considered a base/starting point, in conjunction
with the Design Criteria in order to develop new sets of plans & specifications for each
building. The overall design must comply with all applicable Local and State Building
Codes as well as Ordinances and Regulations.
Q14: Building 1965, two story:This building has evidence of active termites on the old wood (such as
rafters and floor joist)which is adjoining the new wood and which is to be covered with
drywall among other finishes. Does the city expect the contractor to replace deteriorated
and termite infected wood? Will the city require the building(s) to be exterminated?
A14: The replacement of deteriorated and/or termite infected wood depends on whether or not your
FOR deems it necessary. The city will only require Building 1965 to be exterminated/
treated for termites prior to construction.
Q15: Building 1965, two story:The plans call for all wood framing members to be pressure treated
southern pine wood #2. We observed that the 3" X 10" girders supported by 4" X 4" steel
columns seem to be rough cedar. Was this accepted? Please advise.
A15: The latest inspection history report for Building 1965 does not indicate that it has been
inspected (see attached) however, DB firm will be responsible for all corrective work be deemed
necessary by FOR in order to comply with all applicable Local and State Building Codes as well as
Ordinances and Regulations.
Q16: Buildinq 1965, two story:There is much work that is concealed, are we responsible for
concealed work.
A16: Yes.
Q17: Building 1965, two story:Existing feeders to existing service/main panels and meters are
installed horizontally and above grade in PVC and do not seem to meet code. Please
advise.
3 1 ADDENDUM 2 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
A17: See response to question #10.
Q18: Building 1965, two story:Plans call for electrical panels and '/2" conduit to be used throughout.
We observed extensive use of Romex. Is this acceptable by the owner, has this been
accepted by the owner? Please advise.
A18: See response to question #15.
Q19: Building 1965, two story:We observed numerous improper penetration through fire rated walls
of the Romex. Please advise.
A19: DB firm will be responsible for all corrective work deemed necessary by the FOR in order to
comply with all applicable Local and State Building Codes as well as Ordinances and
Regulations.
Q20: Building 1965, two story: Are the new installed windows approved? Please provide approved
submittal and NOA for installed windows. Did they pass inspection?
A20: Yes the newly installed windows passed inspection and were approved; the respective Building
Permit Numbers are B1201118 for Building 1965 and B1003450 for Building 1975. Please `
see attached for the respective NOA's from ES Windows.
Q21: Building 1965, two story:The individual ceiling mounted a/c air handling units do not seem to
meet proper clearances and do not seem to fit in designated areas.
A21: See response to question #10.
Q22: Building 1965, two story:We observed Y2" drywall that was not type X in rated walls and ceilings.
A23: See response to question #19.
Q24: Building 1975, three story: Basement was flooded although that in the pre-bid it was stated that
the basement had been pumped dry recently. In the plans (pg S-1.0) it calls for new
penetrations to allow for water pressure equalization to allow for the water. Please clarify
the city's intent.
A24: The basement area will not be a usable space therefore, DB Firm shall develop a design to
infillin 9 the basement area.
Q25: Building 1975, three story: Ground floor new hydro static slab thickness is shown as 8" in the
ground floor slab but section in page S-3.0 indicates a 12 and an 8 ". Please clarify.
A25: See response to question #13.
Q26: Is the City considering any sustainability components to be incorporated in the project? Green
certification, sustainable design parameters.
A26: This project may have sustainable attributes but does not need to achieve any LEED
designations.
Q27: Due to evaluation of existing conditions and new building design, would the*City of Miami Beach
consider providing a time extension for this proposal?
4 1 ADDENDUM 2 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
A27: No
Q28: Please confirm if a bid bond is required, if so please provide a bid bond form or indicate if surety
form is acceptable
A28: A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee
shall consist of a firm commitment such as a bid bond, certified check, or other negotiable
instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid,
execute such contractual documents as may be required within the time specified. A bid bond
form is attached to this Addendum.
Q29: What would be the requirements for a joint venture response?
A29: Join Ventures are not allowed. Pursuant to Section 111, on page 9 of the RFQ: "The City
intends to contract with a prime design criteria professional (for purposes of this
Section 11, the design criteria professional shall also be referred to as the Prime
Respondent). All other firms involved shall be subcontracts to the prime design
criteria professional. Each proposal must identify a Prime Respondent." Prime
Respondents may assemble teams, but each team member is to be a subcontract to
the Prime Respondent.
Q30: What is the project budget?
Q30: $3.7—4.1 million.
Any questions regarding this Addendum should be submitted in writing to the Procurement
Management Department to the attention of the individual named below, with a copy to the City Clerk's
Office at RafaelGranado @miamibeachfl.gov
Contact: Telephone: Email:
Alex Denis 305-673-7000 ext. 7490 adenis @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
Potential proposers that have elected not to submit a response to the RFP are requested to complete
and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a
r
p oposa I.
Sincerely,
Alex Denis
Procurement Director
5 1 ADDENDUM 2 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
MIAMIBEACHI BIDBONDFORM
KNOW ALL PERSONS BY THESE PRESENTS:
That we, of as PRINCIPAL,
and of as SURETY(S),
are hereby held and firmly bound unto the state of Iowa in the penal sum of:
$ (numerical figure) / (written)
for the payment, whereof, the said PRINCIPAL and SURETY(S) bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
The conditions of this obligation are such that whereas the PRINCIPAL is herewith submitting to
the City of Miami Beach, Florida, hereinafter called the CITY, its sealed proposal for a contract
for:
Design/Build Services For London House Project
RFP 2014-206-SR
NOW THEREFORE, the conditions of this obligation are such that, if said proposal is rejected
by the CITY, or if said proposal is accepted by the CITY and the PRINCIPAL shall enter into a
contract in the form specified by the CITY in accordance with the terms of the proposal and shall
furnish a bond for the faithful performance of said contract in the form specified by the CITY, this
obligation shall be null and void. Otherwise it shall remain in full force and effect.
In the event that the said proposal is accepted by the CITY and the PRINCIPAL shall fail to
enter into the contract as defined herein or shall fail to furnish the performance bond as noted
above within ten (10) days of the approval of the award, the PRINCIPAL and SURETY(S) agree
to forfeit to the CITY the penal sum herein mentioned, it being understood that the liability of the
SURETY(S) shall in no event exceed the penal sum of this obligation.
IN WRFPESS WHEREOF,
the above bounded parties have executed this instrument under their several seals this
day of , 20 , the
name and corporate seal of each party being hereto affixed and these presents duly signed by
its undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
By By
6 1 ADDENDUM 2 RFP 2014-206-SR DESIGN BUILD SERVICES FOR LONDON HOUSE
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CITY OF MIAMI BEACH
PRE-PROPOSAL MEETING i
SIGN-IN SHEET
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DATE: April 28, 2014
Solicitation No.: RFP 2014-206-SR
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TITLE: Design/Build Services for the London House Rehabilitation &
Restoration Project
COMPANY NAME
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 1
REQUEST FOR PROPOSALS NO. 2014-206-SR
Design Build Services for the London House Rehabilitation & Restoration Project(the RFP)
April 18, 2014
This Addendum to the above-referenced ITB is issued in response to questions from prospective
bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following
particulars only.
1. REVISED: Revised RFP removing the "Draft" watermark has been uploaded onto
www.PublicPurchase.com, Contents of RFP remain the same.
2. CLARIFIED: Mandatory Site Visit is scheduled for Tuesday, April 29, 2014 beginning at 9:30 a.m.
and the property shall remain open until 4:00 p.m. Interested proposers shall report directly to the
project location (1965 & 1975 Washington Avenue, Miami Beach, FL 33139).
Any questions regarding this Addendum should be submitted in writing to the Procurement
Management Department to the attention of the individual named below, with a copy to the City Clerk's
Office at RafaelGranado @miamibeachfl.gov
Contact: Telephone: Email:
Sandra M. Rico 305-673-7000 ext. 6230 SRico@miamibeachfi.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
Potential proposers that have elected not to submit a response to the RFP are requested to complete
and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a
proposal.
Sincerely,
AI x Denis
Pr curement Director
i
i
RFP No.2014-206-SR '
Addendum#1
4/18/14 j
f
M
REQUEST FOR PROPOSALS
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
RFP No. 2014-206-SR
RFP ISSUANCE DATE: APRIL 17, 2014
PROPOSAL DUE DATE: MAY 21, 2014
Sandra M. Rico, Senior Procurement Specialist
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
MIAMIBEACM
TABLE OF CONTENTS
PAGE
NO PROPOSAL NOTIFICATION FORM ....................................................................................4
00100. GENERAL INSTRUCTIONS TO PROPOSERS...................................................5
00200. DEFINITIONS......................................................................................................6
00300. INSTRUCTIONS TO PROPOSERS.....................................................................7
1. Examination of Contract Documents and Site ..........................................7
2. Pre-Proposal Interpretations.....................................................................7
3. Printed Form of Proposal..........................................................................7
4. Acceptance or Rejection of Proposals......................................................7
5. Determination of Award............................................................................8
6. Evaluation ................................................................................................8
7. Contract Price ..........................................................................................8
8. Postponement of Date for Presenting and Opening of Proposals.............8
9. Qualifications of Proposers.......................................................................8
10. Addenda and Modifications ......................................................................8
11. Prevailing Wage Rates.............................................................................8
12. Occupational Health and Safety...............................................................9
13. Environmental Regulations.....................................................................10
14. "Or Equal" Clause ..................................................................................10
15. Protested Solicitation and Award............................................................10
16. Financial Stability and Strength ..............................................................10
17. Miami Beach-Based Vendors.................................................................11
18. Veteran Business Enterprises ................................................................11
19. Equal Benefits Code Provision ...............................................................12
00305.AWARD METHODOLOGY............................................................................................23
00315. PROPOSAL SUBMISSION REQUIREMENTS..............................................................26
00400. PROPOSAL TENDER FORM........................................................................................31
00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES..........................................34
00407. CONSIDERATION FOR INDEMNIFICATION OF CITY.................................................36
00408. RFP (GMP) PRICE FORM ............................................................................................37
00500. SUPPLEMENT TO PROPOSAL TENDER FORM: QUESTIONNAIRE....................39
00520. SUPPLEMENT TO PROPOSAL TENDER FORM:
NON-COLLUSION CERTIFICATE.....................................................................45
00530. SUPPLEMENT TO PROPOSAL TENDER FORM:
DRUG FREE WORKPLACE CERTIFICATION..............................................................46
00540. SUPPLEMENT TO PROPOSAL TENDER FORM:
TRENCHSAFETY ACT ................................................................................................48
RFP 2014-206-SR CITY OF MIAMI BEACH ® \,!1.PvA1 BEACH
Due Date:4/29/2014 2
00550. RECYCLED CONTENT INFORMATION.......................................................................50
00600. CONTRACT ..................................................................................................................51
00708. FORM CERTIFICATE OF INSURANCE......................................................................103
00710. FORM OF PERFORMANCE BOND............................................................................104
00720. FORM OF PAYMENT BOND ......................................................................................106
00721.CERTIFICATE AS TO CORPORATE PRINCIPAL...... ...............................................108
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT........................................................109
00900.SUPPLEMENTARY EXHIBITS/SPECIFICATIONS .....................................................111
00920.ADDITIONAL ARTICLES.............................................................................................112
00922. STATEMENT OF COMPLIANCE:
(PREVAILING WAGE RATE ORDINANCE NO. 83-72)...............................................113
00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT..............................................114
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION......................................................115
00926. FINAL CERTIFICATE OF PAYMENT..........................................................................117
00930. FORM OF FINAL RECEIPT ........................................................................................118
01000.ADDENDA AND MODIFICATIONS.............................................................................120
02000.TECHNICAL SPECIFICATIONS................ .........:.....N/A
..................................................
F ADDENDA......................................................................122
04000.ACKNOWLEDGEMENT O
05000. CUSTOMER REFERENCE LISTING..........................................................................123
06000. SUB-CONTRACTOR LISTING INFORMATION ..........................................................125
RFP 2014-206-SR CITY OF MIAMI BEACH fi s,_, ,;BEACH
Due Date:4/29/2014
AAIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7000 ext.6230,Fax:786.394.4624
www.miamibeachfl.gov
REQUEST FOR PROPOSALS (RFP) No. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
NOTICE TO PROSPECTIVE PROPOSERS
NO PROPOSAL SUBMITTED FORM
If not submitting a bid at this time, please detach this sheet from the RFP documents, complete
the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company does not handle this type of product/service.
We cannot complete the work within the time specified and within the budgeted
amount.
We cannot.
Our company is simply not interested in bidding at this time.
Not responding due to untimely payments on previous construction projects awarded.
OTHER. (Please specify)
We do_do not_want to be retained on your mailing list for future bids for this type or product and/or
service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your company
being removed from our vendors list.
RFP 2014-206-SR CITY OF MIAMI BEACH BEACH
Due Date:4/29/2014 4 � `,H�' .,'I
0100. GENERAL INSTRUCTIONS TO PROPOSERS:
1. General: The following instructions and those set forth in Section 00300 herein are given for
the purpose of guiding Proposers in properly preparing their proposals. Such instructions
have equal force and weight with other portions of the Contract Documents and strict
compliance is required with all the provisions contained in the instructions. Proposers shall
note that various paragraphs within these RFP documents have a [ ] box which may be
checked. If the box is checked, the language is made a part of the RFP documents and
compliance therewith is required of the Proposer; if the box is not checked, the language is
not made a part of the RFP documents.
Joint Venture (JV) proposals will not be considered. The City intends to contract with a
Prime Contractor. However, the proposal may include subcontractors to the Prime
Contractor.
2. Scope of Work: The Design Build Firm (DBF) Scope of Services shall include, without
limitation, designing, permitting, construction, and the construction management
associated with the rehabilitation and restoration of the historic 1965 & 1975 London House
apartment buildings, using those necessary construction activities that include, but are not
limited to, work on the exterior Architectural Features, Structural Shell (including
sheathing), Site Construction, Concrete, Masonry, Rough and Finish Carpentry, Thermal
and Moisture Protection, Doors and Windows, Interior Finishes, Equipment, Conveying
Systems, Plumbing, Mechanical, and Electrical.
The DBF will also prepare and obtain all the necessary and required permits required by
permitting entities having jurisdiction as needed by the updated and new design.
The work to be performed under this Contract shall also consist of providing all tools.
equipment, materials, and supplies, and manufactured articles and furnishing all labor,
transportation, services, including fuel, power, water, and essential communications, and
performing all work, or other operations required for the fulfillment of the Contract in strict
accordance with the Contract Documents. The work shall be completed, and all work,
materials, and services not expressly indicated or called for in the Contract Documents
which may be necessary for the completion and proper design and construction of the work
shall be provided by the DBF.
3. Minimum Qualifications of the Proposer: The Design Build Firm must meet or exceed the
following criteria:
• Firm must include a licensed General Contractor and A/E in the State of Florida.
• Firm must document approximately seven (7) years of experience in Design Build
Projects.
• Firm must have successfully completed at least seven (7) projects of similar scope, size
and complexity.
• Firm must have successfully completed at least three (3) projects in an urban setting,
high traffic area.
• Superintendent and Project Manager must each have a minimum of seven (7) years of
experience in the management of Design Build projects. Furthermore, these individuals
should have served as Superintendent/Project Manager on a minimum of three (3)
previous projects of similar size and complexity.
RFP 2014-206-SR CITY OF MIAMI BEACH BEACH
Due Date:4/29/2014 5 W'�1i; .;v`1I
4. Location of Work: The project location areas are two properties located on 1965 & 1975
Washington Avenue in the heart of Miami Beach, just east of the Miami Beach Convention
Center.
5. RFP Timetable: The anticipated schedule for this RFP and contract approval is as follows:
RFP issued April 17, 2014
Mandatory Pre-Proposal Conference April 28, 2014 @ 10:30 AM
Mandatory Site Visit April 29, 2014
Deadline for receipt of questions May 12, 2014
Deadline for receipt of Proposals May 21, 2014
Evaluation process May 28, 2014
Recommendation to City Commission June 11, 2014
Contract Award Immediately After Commission Approval
Projected Project Initiation Start Date TBD
6. Pre-Proposal Conference: A Pre-Proposal Conference will be held on the date and time
noted above at the following address:
Miami Beach City Hall —4th Floor
City Manager's Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is MANDATORY as a source of information.
Respondents interested in participating in the Pre- Submittal Meeting via telephone must
follow these steps:
(1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 1142644
7. Contact Information:
Contact: Telephone: Email:
Sandra Rico 305-673-7490 SRico@miamibeachfl.gov
8. Proposal Submission: One original Proposal (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the
receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD
or USB format) are to be submitted. The following information should be clearly marked on
the face of the envelope or container in which the proposal is submitted: solicitation number,
solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be
rejected.
00200. DEFINITIONS:
Please refer to Section 00600, Contract, Article No. 1 —"Definitions and Identifications".
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/2912014 6
57 ��,I�j�'�1 1BEAC1�
00300. INSTRUCTIONS TO PROPOSERS:
1. Examination of Contract Documents and Site: It is the responsibility of each Proposer
before submitting a proposal, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may affect
costs, progress, performance or furnishing of the Work,
1.3. 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,
1.4. Study and carefully correlate Proposer's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents of which Proposer knows or
reasonably should have known.
The submission of a ro osal shall constitute an incontrovertible representation b
P P P Y
Proposer that Proposer has complied with the above requirements and that without
exception, the proposal is premised upon performing and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in scope and
detail to indicate and convey understanding of all terms and conditions for performance
and furnishing of the Work.
2. Pre-Proposal Interpretations: Only questions answered b written Addenda will be
p p Yq Y
binding and may supersede terms noted in this RFP. Oral and other
interpretations or clarifications will be without legal effect. All questions about the
meaning or intent of the Contract Documents are to be directed to the City's
Procurement Director or designated representative in writing. Interpretations or
clarifications considered necessary by the City in response to such questions will be
issued by the City by means of Addenda mailed or delivered to all parties recorded by
the City's Procurement Director as having received the Bidding Documents. Written
questions should be received no less than seven (7) calendar days prior to the
date of the opening of Proposals. There shall be no obligation on the part of City
or the City's Procurement Director to respond to questions received less than
seven (7) calendar days prior to proposal opening.
3. Printed Form of Proposal: All proposals must be made upon the blank Proposal Tender
Form included herein and must give the price in strict accordance with the instructions
thereon. The proposal must be signed and acknowledged by the Proposer in
accordance with the directions on the proposal form.
4. Acceptance or Resection of Proposals: The City reserves the right to reject any or all
proposals prior to award. Reasonable efforts will be made to either award the Contract
or reject all proposals within one-hundred twenty (120) calendar days after proposal
opening date. A Proposer may not withdraw its proposal unilaterally nor change the
Contract Price before the expiration of ninety (90) calendar days from the date of
RFP 2014-206-SR CITY OF MIAMI BEACH
lA 1- B
Due Date:4/29/2014 7
I
i
li
proposal opening. A Proposer may withdraw its proposal after the expiration of one
hundred twenty (120) calendar days from the date of proposal opening by delivering
written notice of withdrawal to the Department of Procurement Management prior to
award of the Contract by the City Commission.
5. Determination of Award: The City Commission shall award the contract to the lowest
responsive, responsible Proposer. To determine this, in addition to price, there shall be
considered the following:
a. The ability, capacity and skill of the Proposer to perform the Contract.
b. Whether the Proposer can perform the Contract within the time specified,
without delay or interference.
C. The character, integrity, reputation, judgment, experience and efficiency of
the Proposer.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the Proposer with laws and
ordinances relating to the Contract.
6. Evaluation: An interim performance evaluation of the successful Proposer 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 Proposer. Said evaluation(s) may be used by the City as a factor
in considering the responsibility of the successful Proposer for future proposals with the
City.
7. Contract Price: The Contract Price is the Guaranteed Maximum Price agreed to by the
Design/Build Firm and the City under this Contract, payable to complete the Work in
accordance with the DCP, and as may be increased or decreased by Change Order.
The Contract Price is to include the furnishing of all necessary design, labor, materials,
equipment including tools, services, permit fees, applicable taxes, overhead and profit
for the completion of the Work except as may be otherwise expressly provided in the
Contract Documents. The cost of any item(s) of Work not covered by a specific Contract
unit price or lump sum price shall be included in the Contract unit price or lump sum
price to which the item(s) is most applicable.
8. Postponement of Date for Presentin and Opening Proposals: The City reserves the
p 4 p 4 p y
right to postpone the date for receipt and opening of proposals and will make a
reasonable effort to give at least five (5) calendar days written notice of any such
postponement to each prospective Proposer.
9. Qualifications of Proposers: Proposals shall be considered only from Proposers which
submit their proposal by the proposal's due date; Proposers who meet the "Minimum
Requirements"; and Proposers that submit all required documentation as requested
under this solicitation.
In determining a Proposer's.responsibility and ability to perform the Contract, City has
the right to investigate and request information concerning the financial condition,
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 8 -'
experience record, personnel, equipment, facilities, principal business location and
organization of the Proposer, the Proposer's record with environmental regulations, and
the claims/litigation history of the Proposer. The City reserves the right to consider third-
party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination
of capacity.
10. Addenda and Modifications: The City shall make reasonable efforts to issue addenda
within seven (7) calendar days prior to proposal opening. All addenda and other
modifications made prior to the time and date of proposal opening shall be issued as
separate documents identified as changes to the Project Manual.
11.. Prevailing Wage Rates: [X] City of Miami Beach Ordinance No, 94-2960 provides that in
all non-federally funded construction contracts in excess of one million dollars to which
the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash
equivalent, for all laborers, mechanics and apprentices employed by any contractor or
subcontractor on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar skills or
classifications of work, as established by the Federal Register, in the City of Miami
Beach, Florida. The provisions of this Ordinance 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; and
e. beautification projects, which may include resurfacing new curbs, gutters,
pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches
and signage.
12. Occupational Health and Safety: 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 proposal must be accompanied by a Material Safety Data Sheet
(MSDS) which may be obtained from the manufacturer. The MSDS must include the
following information:
12.1 The chemical name and the common name of the toxic substance.
12.2 The hazards or other risks in the use of the toxic substance, including:
12.2.1 The potential for fire, explosion, corrosion, and reaction;
12.2.2 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
12.2.3 The primary routes of entry and symptoms of overexposure.
12.3 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.
RFP 2014-206-SR CITY OF MIAMI BEACH _, t BEACH
Due Date:4129/2014 9 U- ..R
12.4 The emergency procedure for spills, fire, disposal, and first aid.
12.5 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.
12.6 The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
13. Environmental Regulations: The City reserves the right to consider a Proposer's history
of citations and/or violations of environmental regulations in investigating a Proposer's
responsibility, and further reserves the right to declare a Proposer not responsible if the
history of violations warrant such determination in the opinion of the City. Proposer shall
submit with its Proposal, a complete history of all citations and/or violations, notices and
dispositions thereof. The nonsubmission of any such documentation shall be deemed to
be an affirmation by the Proposer that there are no citations or violations. Proposer shall
notify the City immediately of notice of any citation or violation which Proposer may
receive after the Proposal opening date and during the time of performance of any
contract awarded to it.
14. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the
Contract Documents including plans and specifications by reference to manufacturers' or
vendors' names, trade names, catalog numbers, or otherwise, City, through Design
Criteria Professional, will have made its best efforts to name at least three (3) such
references. Any such reference is intended merely to establish a standard; and, unless
it is followed by the words "no substitution is permitted" because of form, fit, function
and quality, any material, article, or equipment of other manufacturers and vendors
which will perform or serve the requirements of the general design will be considered
equally acceptable provided the materials, article or equipment so proposed is, in the
sole opinion of Design Criteria Professional, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO DESIGN
CRITERIA PROFESSIONAL.
15. Protested Solicitation Award: Proposers that are not selected may protest any
recommendation for Contract award in accordance with City of Miami Beach Code
Section 2-371. Protest, not timely pursuant to the requirements of the City Code shall be
barred.
16. Financial Stability and Strength: In addition to any other information regarding financial
capacity, the City may require, after proposal due date, that proposers submit financial
statements for each of their last two (2) complete fiscal years within three (3) calendar
days, upon written request. Such statements should include, at a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of
net income).
Any Proposer who, at the time of proposal submission, is involved in an ongoing
bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if
RFP 2014-206-SR CITY OF MIAMI BEACH ® ,� BEACH:
Due Date:4/2912014 10 � `V'`I `` '' S,
a trustee or receiver has been appointed over all or a substantial portion of the property
of the Proposer under federal bankruptcy law or any state insolvency, may be declared
non-responsive.
17. Miami Beach-Based Vendors: Pursuant to City of Miami Beach Code Section 2-372, a
preference will be given to a responsive and responsible Miami Beach-based vendor,
who is within five percent (5%) of the lowest responsive, responsible Proposer, an
opportunity of providing said goods or contractual services for the lowest responsive
proposal amount. Whenever, as a result of the foregoing preference, the adjusted prices
of two (2) or more Miami Beach-based vendors constitute the lowest proposal for a
competitively proposal purchase, and such proposals are responsive and otherwise
equal with respect to quality and service, then the award shall be made to the Miami
Beach-based vendor having the greatest number of its employees that are Miami Beach
residents. Whenever, two or more Miami Beach-based vendors have the same number
of its employees that are Miami Beach residents, then the award shall be made to the
Miami Beach- based vendor who is certified by Miami-Dade County as a Minority or
Women Business Enterprise.
18. Veteran Business Enterprises: Pursuant to City of Miami Beach Code Section 2-374, the
City shall give a preference to a responsive and responsible Proposer 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
responsive, responsible Proposer, by providing such Proposer an opportunity of
providing said goods or contractual services for the lowest responsive Proposal amount.
Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more
Proposers which are a small business concern owned and controlled by a veteran(s) or
a service-disabled veteran business enterprise constitute the lowest proposal pursuant
to an RFP or oral or written request for quotation, and such proposals 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.
19. Equal Benefits Code Provision: Proposers are advised that this Proposal and any
contract awarded pursuant to this procurement process shall be subject to the applicable
provisions of City Code Section 2-373, entitled "Requirement for City Contractors to
Provide Equal Benefits for Domestic Partners (the "Code Provision")." The Code
Provision applies to all employees of a Contractor who work within the City limits of the
City of Miami Beach, Florida; and the Contractor's employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on
the contract within the City of Miami Beach.
20. All Proposers shall complete and return, with their proposal, the "Declaration: Non-
discrimination in Contracts and Benefits" form contained herein. The City shall not enter
into any contract unless the Proposer certifies that such firm does not discriminate in the
provision of Benefits between employees with Domestic Partners and employees with
spouses and/or between the Domestic Partners and spouses of such employees.
Contractors may also comply with the Code Provision by providing an employee with the
Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee
determines that the successful Proposer/Contractor shall complete and return the
"Reasonable Measures Application" contained herein, and the Cash Equivalent
proposed.
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4129/2014 11 CH
It is important to note that a Proposer is considered in compliance if Proposer provides
benefits neither to employees' spouses nor to employees' Domestic Partners.
Below, please find a Q & A of the major points of the Code Provision. Additionally, the
following documents need to be returned to the City with your proposal:
■ Declaration: Nondiscrimination in Contracts and Benefits Form
■ Reasonable Measures Application Form
EQUAL BENEFITS CODE PROVISION SUMMARY
1) What is the intent of the Code Provision?
The Provision will require certain contractors doing business with the City of Miami
Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal
Benefits" to their employees with Domestic Partners, as they provide to employees with
spouses.
2) How are "Equal Benefits" defined and what kind of "Benefits" does the Code Provision
cover?
"Equal Benefits" means that contractors doing business with the City who are covered by
the Provision shall be required to provide the same type of benefits that they offer to
employees and their spouses, to employees with Domestic Partners.
The type of "Benefits" defined by the Code Provision and which may be offered by a
contractor include: sick leave, bereavement leave, family medical leave, and health
benefits.
The "Benefits" defined in the Code Provision are the same type of benefits that the City
provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City
Code].
Notwithstanding the definition of "Benefits" in the Code Provision, to comply with the
Code Provision a Contractor is not required to provide all the above-described benefits.
Contractors are only required to offer the same type of Benefits they offer to their
employees with spouses, to employees with Domestic Partners. Additionally, a
Contractor who offers no benefits to employees or their spouses, would not be required
to offer any benefits to employees with Domestic Partners (and would still be in
compliance with the Code Provision).]
3) Who is considered a "Domestic Partner" under the Code Provision?
A "Domestic Partner" shall mean any two (2) adults of the same or different sex who
have registered as domestic partners with a government body pursuant to state or local
law authorizing such registration, or with an internal registry maintained by the employer
of at least one of the domestic partners.
4) What type of Contracts and/or which Contractors are covered by the Code Provision?
The Code Provision only applies to the following:
• Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.),
RFP 2014-206-SR CITY OF MIAMI BEACH ® "`A ""�`��,�,;'`�Ad BEACH
Due Date:4/29/2014 12
• Contracts valued at over$1,00,000,
• Contractors who maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks in either the current or the preceding calendar
year,
• Contractors covered by the Code Provision are only required to comply as to
employees who: 1) either work within the City limits of the City of Miami Beach;
or 2) the contractor's employees located in the United States, but outside of the
City limits, only if those employees are directly performing work on the City
contract(covered by the Code Provision).
5) In what cases does the Code Provision not apply?
The provisions of the Code Provision do not apply where:
• The City contract has been has been entered into prior to the effective date of the
Code Provision (including renewal terms contained in such contracts);
• The City contract is not competitively bid;
• The City contract is valued at less than $100,000;
• The contractor has less than 51 employees;
• The contractor does not provide Benefits either to employees' spouses or to
employees' Domestic Partners;
• The contractor is a religious organization, association, society or any nonprofit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or
society;
• The contractor is another government entity.
The following City contracts are not covered by the Code Provision:
• Contracts for sale or lease of City property;
• Development Agreements;
• Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the
City's Office of Community Development;
• Cultural Arts Council grants;
• Contracts for professional A/E, landscape A/E, or survey and mapping services
procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants
Competitive Negotiation Act";
• Contracts for the procurement of life, health, accident, hospitalization, legal
expense, annuity insurance, or any and all other kinds of insurance for the
officers and employees of the City and their dependents, from a group insurance
plan.
The Code Provision provides, upon written recommendation of the City Manager, that
the City Commission may, by 5/7ths vote, waive application of the Code Provision for the
following:
• Emergency contracts;
• Contracts where only one bid response is received;
• Contracts where more than one bid response is received, but none of the
Proposers can comply with the requirements of the Code Provision.
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 13
The City's ability to apply the Code Provision may also be preempted in instances where
the Code Provision impacts health, retirement, or pension program which fall within the
jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under
certain circumstances be held invalid under Federal preemption.
6) How is the Code Provision enforced by the City?
• City contracts that are covered by the Code Provision shall notify potential
Proposers/proposers of the Code Provision and its requirements in the RFP
documents;
• At the time of entering into the contract with the City, the proposed City
contractor shall certify to the City that it intends to provide Equal Benefits, along
with the description of its employee benefits plan, which needs to be delivered to
the Procurement Director prior to entering into the contract;
• The City has the ongoing right to investigate/audit contracts for compliance with
the provisions of the Code Provision;
•. The contractor is required to post notice to its employees at its place of business
that it provides Equal Benefits.
7) Is there another way for a Contractor who does not provide Equal Benefits to comply
with the Code Provision?
If a contractor covered by the Code Provision has made a reasonable yet unsuccessful
effort to provide Equal Benefits, it can still comply with the Code Provision by providing
an employee with the "Cash Equivalent" of the similar benefit(s) offered to the
contractor's employees and their spouses.
8) What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Code Provision may result
in the following:
• Breach/default under the contract;
• Termination of the contract;
• Monies due under the contract may be retained by the City until compliance is
achieved;
• Debarment of contractors from City work, as prescribed by the City Code.
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 14
MIAMIBEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1.Vendor Information
Name of Company:
Name of Company Contact Person:
Phone Number: Fax Number: E-mail:
Vendor Number(if known): Federal ID or Social Security Number:
Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign)
Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No
Union name(s):
Section 2.Compliance Questions
Question 1.Nondiscrimination-Protected Classes
A. Does your company agree to not discriminate against your employees, applicants for employment,
employees of the City, or members of the public on the basis of the fact or perception of a person's
membership in the categories listed below?
Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer
means your company refuses to agree that it will not discriminate. Please answer yes or no to each
category.
F1 Race _Yes_No ❑Sex _Yes_No
❑Color _Yes_No ❑Sexual Orientation _Yes_No
❑Creed _Yes_No ❑Gender Identity(transgender status) _Yes_No
❑Religion _Yes_No ❑Domestic partner status _Yes_No
❑National origin _Yes_No ❑Marital status _Yes_No
❑Ancestry _Yes_No ❑Disability _Yes_No
❑Age _Yes_No ❑AIDS/HIV status _Yes_No
❑Height _Yes_No ❑Weight _Yes_No
B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter
into for the performance of a substantial portion of the contract you have with the City?
Please note:you must answer this question,even if you do not intend to enter into any subcontracts.
_Yes_No
RFP 2014-206-SR CITY OF MIAMI BEACH ® AA..,
�,� .
Due Date:412912014
15 :. r-�.�"i
Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic
Partners
Questions 2A and 2B should be answered YES even if your employees must pay
some or all of the cost of spousal or domestic partner benefits.
A. Will your company provide or offer access to any benefits to employees with spouses and/or to spouses
of employees that may be assigned to work on the City of Miami Beach contract?
_Yes_No
B. Will your company provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners*or to domestic partners of employees that may be assigned to work on the City of
Miami Beach contract?
Yes No
*The term Domestic Partner shall mean any two (2) adults of the same or different
sex, who have registered as domestic partners with a government body pursuant to
state or local law authorizing such registration, or with an internal registry maintained
by the employer of at least one of the domestic partners. A Contractor may institute
an internal registry to allow for the provision of equal benefits to employees with
domestic partner who do not register their partnerships pursuant to a governmental
body authorizing such registration, or who are located in a jurisdiction where no such
governmental domestic partnership exists. A Contractor that institutes such registry
shall not impose criteria for registration that are more stringent than those required for
domestic partnership registration by the City of Miami Beach
If you answered"NO"to both Questions 2A and 2B,go to Section 4(at the bottom of this page),
complete and sign the form,filling in all items requested.
If you answered"YES"to either or both Questions 2A and 2B, please continue to Question 2C below.
C. Please check all benefits that apply to your answers above and list in the'other"section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a
spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the
spouse or domestic partner,such as medical insurance.
BENEFIT Yes for Yes for Employees No,this Documentation of this
Employees with with Domestic Benefit is Not Benefit is Submitted
Spouses Partners Offered with this Form
Health ❑ ❑ ❑ ❑
Dental ❑ ❑ ❑ ❑
Vision ❑ ❑ ❑ ❑
Retirement(Pension, ❑ ❑ ❑ ❑
401(k),etc.
Bereavement ❑ ❑ ❑ ❑
Family Leave ❑ ❑ ❑ ❑
Parental Leave ❑ ❑ ❑ ❑
Employee Assistance ❑ ❑ ❑ ❑
Program
Relocation&Travel ❑ ❑ ❑ ❑
Company Discount, ❑ ❑ ❑ ❑
Facilities&Events
Credit Union ❑ ❑ ❑ ❑
Child Care ❑ ❑ ❑ ❑
Other ❑ ❑ ❑ ❑
Note: If you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g.,
there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for
Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a
RFP 2014-206-SR CITY OF MIAMI BEACH -' A
Due Date:4/29/2014 16
completed Reasonable Measures Application with all necessary attachments, and have your application approved by
the City Manager,or his designee.
Section 3.Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without
proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for
Domestic Partner Code Provision. For example, to document medical insurance submit a statement from your
insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a
copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an
explanation.
Have you submitted supporting documentation for each benefit offered? _Yes_No
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct,
and that I am authorized to bind this entity contractually.
Executed this day of ,in the year ,at
Signature Mailing Address
Name of Signatory City, State,Zip Code
Title
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 17 NAdAiivAl BEACH
MIAMIBEACH
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration: Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Department of Procurement Management
ONLY IF you:
A. Have taken all reasonable measures to end discrimination in benefits;
B. Are unable to do so; and
C. Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
1. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s)you received from such benefits providers, and if written
responses are unavailable, summaries of oral responses; and
4. Any other information you feel is relevant to documenting your inability to end discrimination
in benefits, including, but not limited to, reference to federal or state laws which preclude the
ending of discrimination in benefits.
declare (or certify) under penalty of perjury under the laws of the State of Florida that the
foregoing is true and correct, and that I am authorized to bind this entity contractually.
Name of Company(please print) Mailing Address of Company
Signature City, State,Zip
Name of Signatory(please print) Telephone Number
Title Date
RFP 2014-206-SR CITY OF MIAMI BEACH fMIAN M BEACH
Due Date:4/29/2014 18
Definition of Terms
A. Reasonable Measures
The City of Miami Beach will determine whether a City Contractor has taken all reasonable.measures
provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end
discrimination in benefits. A determination that it is not possible for the City Contractor to end
discrimination in benefits shall be based upon a consideration of such factors as:
1. The number of benefits providers identified and contacted, in writing, by the City Contractor,
and written documentation from these providers that they will not provide equal benefits;
2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and
3. The existence of federal or state laws which preclude the City Contractor from ending
discrimination in benefits.
B. Cash Equivalent
"Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse,
if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable).
The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for
his or her spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
A. For bereavement leave, cash payment for the number of days that would be allowed as paid
time off for death of a spouse. Cash payment would be in the form of wages of the domestic
partner employee for the number of days allowed.
B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly
premiums that are being paid for the domestic partner employee, to be paid on a regular basis
while the domestic partner employee maintains the such insurance in force for himself or
herself.
C. For family medical leave, cash payments for the number of days that would be allowed as
time off for an employee to care for a spouse that has a serious health condition. Cash
payment would be in the form of wages of the domestic partner employee for the number of
days allowed.
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:412912014 19 4k' ''" '
CITY OF MIAMI BEACH
SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM
Declaration: Nondiscrimination in Contracts and Benefits
This form, and supporting documentation, must be submitted to the Department of Procurement
Management by entities seeking to contract with the City of Miami Beach that wish to delay
ending their discrimination in benefits pursuant to the Rules of Procedure, as set out
below.
Fill out all sections that apply. Attach additional sheets as necessary.
A. Open Enrollment
Ending discrimination in benefits may be delayed until the first effective date after the first open
enrollment process following the date the contract with the City begins, provided that the City Contractor
submits to the Department of Procurement Management evidence that reasonable efforts are being
undertaken to end discrimination in benefits. This delay may not exceed two years from the date the
contract with the City is entered into, and only applies to benefits for which an open enrollment process is
applicable.
Date next benefits plan year begins:
Date nondiscriminatory benefits will be available:
Reason for Delay:
Description of efforts being undertaken to end discrimination in benefits:
RFP 2014-206-SR CITY OF MIAMI BEACH ® _ �, ;, ,
Due Date:4129/2014 20
B. Administrative Actions and Request for Extension
Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate
nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these
administrative steps shall apply only to those benefits for which administrative steps are necessary and
may not exceed three months. An extension of this time may be granted at the discretion of the
Procurement Director, upon the written request of the City Contractor. Administrative steps may include,
but are not limited to, such actions as computer systems modifications, personnel policy revisions, and
the development and distribution of employee communications.
Description of administrative steps and dates to be achieved:
If requesting extension beyond three months, please explain basis:
C. Collective Bargaining Agreements(CBA)
Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current
collective bargaining agreement(s)where all of the following conditions have been met:
1. The provision of benefits is governed by one or more collective bargaining agreement(s);
2. The City Contractor takes all reasonable measures to end discrimination in benefits either by
requesting that the Unions involved agree to reopen the agreements in order for the City
Contractor to take whatever steps necessary to end discrimination in benefits or by ending
discrimination in benefits without reopening the collective bargaining agreements; and
3. In the event that the City Contractor cannot end discrimination in benefits despite taking all
reasonable measures to do so, the City Contractor provides a cash equivalent to eligible
employees for whom benefits are not available. Unless otherwise authorized in writing by the
Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to
allow the collective bargaining agreements to be reopened, or in any case no longer than three
(3)months from the date the contract with the City is entered into.
For a delay to be granted under this provision, written proof must be submitted with this form that:
• The benefits for which the delay is requested are governed by a collective bargaining agreement;
• All reasonable measures have been taken to end discrimination in benefits (see Section C.2,
above); and
A cash equivalent payment will be provided to eligible employees for whom benefits are not
available.
RFP 2014-206-SR CITY OF MIAMI BEACH f�',� ,,�i�EACI�
Due Date:4/29/2014 21
declare (or certify) under penalty of perjury under the laws of the State of Florida that the
foregoing is true and correct, and that I am authorized to bind this entity contractually.
Name of Company(please print) Mailing Address of Company
Signature City, State,Zip
Name of Signatory(please print) Telephone Number
Title Date
RFP 2014-206-SR CITY OF MIAMI BEACH M I ��,
Due Date:4129/2014 22 "'`°BEA.-
00305. AWARD METHODOLOGY
1. The evaluation of proposals will proceed in a two-step process. The first step will
consist of the qualitative criteria listed below to be considered by the Evaluation
Committee. The second step will consist of quantitative criteria established below
to be added to the Evaluation Committee results.
2. Step 1 Evaluation: An Evaluation Committee, appointed by the City Manager,
shall meet to evaluate each Proposal in accordance with the qualifications criteria
established below. In doing so, the Evaluation Committee may:
a. Review proposals received and short-list one or more proposers to be
considered during Step 2 of the evaluation; or
b. Review proposals received and interview or receive presentations from
one or more proposers in order to develop a short-list of one or more
proposers to be considered during Step 2 of the evaluation.
Step Pdints
Qualifications of Contractor & Key Personnel, &
Financial Capability.
Qualifications of Design Engineer& Key Personnel
Understanding of the Project/ Project Approach/Risk
Assessment Plan
Past Work Performance Evaluation Surveys
Prior Work History as a Team 75
Willingness to meet time and budget requirements as Maximum Total for all Factors
demonstrated by past performance
Certified disadvantaged business enterprise (DBE)
participation.
Recent, current, and projected workloads of the firms
The volume of work previously awarded to each firm
by the City.
TOTALIPOSSIBLE ° P01'NTS 75
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RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 23
3. Step 2 Evaluation: Following the results of Step 1 Evaluation of
Qualitative criteria, the proposers may receive additional points to be
added by the Department of Procurement Management to those points
earned in Step 1. Proposer must submit qualifying evidence with their
proposals in order to receive points in the category.
- • 2 Evaluation Points
Quantitative Criteria
Price 25
Local and Veterans Preference
Miami Beach-Based Vendor 5
Veterans and State-Certified Service-Disabled Veteran 5
Business Enterprises
TOTAL POSSIBLE STEP 2 POINTS
Points Awarded for Miami Beach-Based Vendors and Veteran's Preference shall be in accordance to City Code.
4. Price: Points awarded to the proposer for Price considerations shall be
developed in accordance with the following formula:
Sample Objective Formula for Cost and Supplier Risk Score
Vendor Vendor Example Maximum Formula for Calculating Points Total Points
Cost Allowable Points (lowest cost 1 cost of proposal being Awarded
Proposal evaluated X maximum allowable
points=awarded points)
Vendor A $100.00 25 $1001$100 X 25=25 25
Vendor B $150.00 25 $1001$150 X 25=17 17
Vendor C $200.00 25 $1001$200 X 25=13 13
5. Aggregate Ranking: Points shall be awarded to each Proposer in accordance
with the tables above for Steps 1 and 2, and then shall be subsequently ranked.
These ranking scores shall be tabulated and the Proposer with the lowest, overall
aggregate ranking score shall be forwarded to the City Manager for his
consideration in preparing his due diligence recommendation to the City
Commission, which may be consistent with the rankings or may be differ from
recommendations.
a. Example of Aggregate Ranking:
Table 1:Evaluation Committee Results
Committee Member Committee Member Committee Member
A B C
Raw Raw Raw Aggregate
Score Rank Score Rank Score Rank Rankin
Proposer A 93 1 93 1 1 90 2 4
Proposer B 1 92 1 2 85 3 94 1 1 6
Proposer C 90 3 91 2 89 3 8
RFP 2014-206-SR CITY OF MIAMI BEACH �.
Due Date:4/29/2014 24 7 -
6. The results of Step 1 & 2 will be forwarded to the City Manager who may
recommend to the City Commission the proposer(s) she/he deems to be in the
best interest of the City. The City Manager's recommendation need not be
consistent with the scoring results identified herein and may be pursuant to
Miami Beach City Code Section 2-369, including the following considerations:
(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 Code
Provisions relating to the contract.
7. The City Manager's award recommendation will be presented to the City
Commission for approval, modification and approval, or rejection.
8. If and when a contract or contracts acceptable to the respective parties is
approved by the City Commission, the Mayor and City Clerk sign the contract(s)
after the selected respondent(s) has (or have) done so. By submitting a proposal,
all Proposers shall be deemed to understand and agree that no property interest
or legal right of any kind shall be created at any point during the aforesaid
evaluation / selection process until and unless a contract has been agreed to and
signed by both parties.
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RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 25 ® '"' '``°'BEACH
00315. PROPOSAL SUBMISSION REQUIREMENTS
Proposal packages must contain the following documents, each fully completed, and signed as
required. Proposal packages which do not include all required documentation, or are not
submitted in the required format, or do not have the appropriate signatures on each document,
may be deemed non-responsive. The City reserves the right to request any documentation
omitted, with exception of the Proposal Price form. Proposer must submit the documentation
within three (3) calendar days upon request from the City, or the proposal may be deemed non-
' responsive. Non-responsive proposal packages will receive no further consideration.
1. FORMAT FOR SUBMITTAL
Each Proposer must submit a proposal package that will consist of the following:
• Proposer Qualifications/Methodology: This section will outline the approach to the
project and explain the Proposer's understanding of the scope and challenges
that the project entails. The technical package will also include a project
schedule and a completed risk assessment plan.
• Price Proposal in the format presented in Section 00408 in a separate sealed
envelope. This will indicate the total cost for the project.
Proposers may not dictate the circumstances under which the documents are deemed to
be confidential. Only the State Legislature may determine which public records are
subject to disclosure and which are not. Moreover, a private party cannot render public
records exempt from disclosure merely by designating as confidential the material it
furnishes to the City. The desire of the private party to maintain privacy of certain
materials filed with the City is of no consequence unless such materials fall within a
legislative created exemption to Chapter 119, Florida Statutes.
2. CONTENTS OF QUALIFICATION STATEMENT
Proposal packages must contain the following documents, each fully completed, and
signed as required. Proposal packages which do not include all required documentation,
or are not submitted in the required format, or do not have the appropriate signatures on
each document, may be deemed non-responsive. The City reserves the right to request
any documentation omitted, with exception of the Proposal Price form. Proposer must
submit the documentation within three (3) calendar days upon request from the City, or
the proposal may be deemed non-responsive. Non-responsive proposal packages will
receive no further consideration.
2.1 IDENTIFICATION PAGE AND TABLE OF CONTENTS: Proposer shall provide an
Identification Page including the following information:
2.1.1 Name of Proposer. (Note: if co venture, specify)
2.1.2 Address of submitting Proposer. (Note: if co venture, specify)
2.1.3 E-mail address for the appropriate contact person at the submitting
company.
2.1.4 Phone number and facsimile number of submitting Proposer.
2.1.5 Federal Tax Identification Number for submitting Proposer.
RFP 2014-206-SR CITY OF MIAMI BEACH
BEACH
Due Date:4/2912014 26 '`'`
2.1.6 Declaration regarding company organization, whether as Corporation,
Partnership, or other. (Note: if co venture, specify)
2.1.7 Signature of an officer or other individual of the submitting Proposer who
has the authority to bind said Proposer.
2.1.8 Printed name of the authorized signing officer or other individual.
2.1.9 Title of the authorized signing officer.
2.1.10 Date of signature.
2.1.11 Table of Contents.
2.2 PROJECT TEAM: It is a requirement of the project that the Proposer, staff the
project with competent individuals, and qualified supervisory personnel. To that end,
the Proposer shall provide:
2.2.1 An organizational chart listing the proposed key personnel, their
qualifications and their roles in the project, resumes which shall include
educational background, work experience, employment history, and any
other pertinent information. Where applicable, proposed team members
shall also submit current and valid certifications and/or licenses for their
individual scope of supervision. At a minimum, the Proposer shall include
the following proposed project team members:
2.2.1.1 Project Manager
2.2.1.2 Design A/E(s)
2.2.1.3 Construction Superintendent
2.2.1.4 Underground Utility Superintendent Foreman
2.2.1.5 Project Controls Manager
2.2.1.6 Safety Manager
2.2.2 A staffing plan that clearly illustrates the key elements of the organizational
structure proposed to accomplish the management, design, construction,
and administrative services required. The staffing plan should indicate the
availability of the personnel proposed to work on the Project. The staffing
plan should also indicate the name of the individual who will serve as the
primary contact with City. Proposer shall clearly detail the role of all of the
Sub-consultants and/or Sub-contractors proposed for the Project. State
prior work experience as a team.
2.2.3 Recent, current, and projected workloads of the firms.
2.3 DESIGN BUILD PROJECT EXPERIENCE: Each Proposer shall demonstrate their
experience in Design Build Projects, exhibiting seven (7) years of experience.
2.4 RESIDENTIAL REHABILITATION EXPERIENCE: Each Proposer shall demonstrate
their experience in the Final Design and Construction of residential redevelopment
projects, including seven (7) projects in the last seven (7) years exemplifying their
experience in Rehabilitation Projects, which may consist of the following
components:
2.4.1 Design and construction of Site components;
2.4.2 Design and construction of Structural Systems;
2.4.3 Design and construction of Architectural Systems
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/2912014 27 f�,`1ij ;;'�I `��
i
2.4.4 Design and construction of Mechanical Systems;
2.4.5 Design and construction of Electrical Power, Lighting, Grounding &
Communication Systems;
2.4.6 Design and construction of Fire Protection system;
2.4.7 Design and construction of Controls system.
2.3.8 Each Proposer shall furnish a list of all projects demonstrating experience
encompassing the above referenced components. Projects must illustrate
familiarity with all of the aforementioned items. Projects must have a
minimum value of $1,000,000 each. In order to properly evaluate the
proposals, the City requests that each Proposer submit project references
for previous projects completed within the last five (5) years that include the
following information and components:
2.3.8.1 Project name
2.3.8.2 Project location
2.3.8.3 Brief description of work performed
2.3.8.4 Names, addresses, telephone number, fax number, and contact
name for the following:
2.3.8.4.1 Owner or Agency
2.3.8.4.2 Architect or Landscape Architect, or Engineering Consultant
2.3.8.4.3 General Contractor(if work performed as a Sub Contractor)
2.3.8.4.4 Name of General Contractor's project manager and field
superintendent
2.3.8.4.5 Awarded contract amount and final contract amount
2.3.8.4.6 Explanation of differences between awarded and final
contract amounts, if difference exceeded 5%
2..3.8.4.7 Date of project completion. The Proposer should reference if
the project was completed on time
2.3.8.5 A checklist or description of the following types of construction
encountered on the project, if applicable:
2.3.8.5.1 Traffic control
2.3.8.5.2 Maintenance of access for pedestrians to businesses or
residences
2.3.8.5.3 Underground utility construction
2.3.8.5.4 Architectural and Structural Construction
2.3.8.5.5 Mechanical Systems
2.3.8.5.6 Electrical systems including Fire Protection
2.3.8.5.7 Plumbing Systems
2.3.8.5.8 Other: List as may apply
2.5 URBAN, HIGH TRAFFIC SETTING PROJECT EXPERIENCE: Proposers shall
provide three (3) projects exemplifying their experience in urban, high traffic areas,
similar to the conditions in the City of Miami Beach.
2.6 FINANCIAL STATEMENTS
2.6.1 D&B Suppler Evaluation Report. The prospective Provider shall pay D&B to
send the Supplier Qualifier Report (SQR) to the prospective Provider and
the Department through electronic means. The cost of the preparation of
the D&B report shall be the responsibility of the prospective Provider.
RFP 2014-206-SR CITY OF MIAMI BEACH ,Yl „V ;
Due Date:412912014 28
The prospective Provider shall request the report from D&B at
https://supplierportal.dnb.com/webapp/wcs/stores/servlet/Supplier
Portal?storeld=11696
2.6.2 In addition to the D&B information, the City may require proposers shall
submit financial statements for each of their last two complete fiscal years
within ten (10) calendar days, upon written request. Such statements
should include, as a minimum, balance sheets (statements of financial
position) and statements of profit and loss (statement of net income). When
the submittal is from a co-venture, each Proposers involved in the co-
venture must submit financial statements as indicated above.
2.6.3 Proposers shall provide proof of bonding capacity suitable for the scope of
work.
2.7 PROJECT APPROACH: Proposer will be required to submit a narrative of its team's
approach to the project. This narrative should include:
2.7.1 A management plan including, techniques for `partnering' with the
community's merchants, tenants and residents and its approach to a
project of this nature with construction activities as described in the Scope.
2.7.2 The Proposer shall provide a detailed description of the key Project
sequence and activities, to include final design and construction activities
approach;
2.7.3 The Proposer shall illustrate complete understanding of the scope of work
for all components of the project. The narrative shall address methodology,
sequencing and phasing of the various work efforts.
2.7.4 The Proposer shall describe the efforts involved in coordinating with Florida
Power& Light (FPL), AT&T, Atlantic Broadband (ABB), and any other utility
agency.
2.7.5 Proposer shall clearly detail and present its approach to all required
permitting issues, relative to the applicable agency(ies) and entity(ies), e.g.
City of Miami Beach, Miami-Dade County DERM, Fl. Dept. of Health, etc.
2.7.6 Proposer shall describe their Quality Assurance / Quality Control Plan
("QA/QC Plan") for the Work, including design, construction, coordination,
implementation and completion of the Project. The Proposer shall explain
its QA/QC Plan and the plan for any of its subconsultants or
Subcontractors, namely the policies and procedures that will be used to
assure the complete and the accurate management of the Project.
2.7.7 Proposer must perform at least sixty percent(20%) of the construction work
with the firm's own forces.
3. CERTIFIED DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION. Identify
any DBE firms included in project team.
4. DESIGN-BUILD BID SECTION
4.1 COST INFORMATION: Proposal packages must include a sealed envelope with
..__.___.
..____..__.__...._..._
Sections 00400 and 00408.. Proposal Tender Forms must be properly executed by
authorized officers of the proposing company.
4.2 PROJECT SCHEDULE: The Proposer shall submit a Preliminary Project Schedule
with the submittal. The Preliminary Project Schedule shall include all anticipated
major milestones and their associated interrelationship with other activities, including
RFP 2014-206-SR CITY OF MIAMI BEACH ® =t,; \Fe.iACI�
Due Date:4/29/2014 29
completion of the Project within the specified time detailed in the Proposal
Documents, coordination efforts and. issues requiring the City's involvement and
necessary reviews. At a minimum, the Preliminary Project Schedule must address
the following milestones and activities:
4.2.1 Design Schedule & Submittals
4.2.2 Design Phase Reviews by the City—Assume 4 weeks
4.2.3 Permitting
4.2.4 Utility Coordination
4.2.5 Start of Construction
4.2.6 Major Construction Activities, Milestones and Phasing
4.2.7 Substantial completion and punchlist
4.2.8 Final Completion Date for all Work.
3.2.9 Closeout
Note: The maximum design and construction time for the Project ("Maximum Allowable
Contract Time") shall not exceed five hundred and seventy (480) consecutive calendar
days as per the "Design Criteria" document. In this Project Approach section, the Proposer
is to demonstrate the ability to meet or reduce the estimated Maximum Allowable Contract
Time while meeting all of the requirements specified herein.
4. Any forms and/or documents provided in this RFQ document.
RFP 2014-206-SR CITY OF MIAMI BEACH ® MIAiOI BEACH
Due Date:4/2912014 30
00400. PROPOSAL TENDER FORM
Submitted:
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Proposer, hereby declares that the only persons interested in this proposal
as principal are named herein and that no person other than herein mentioned has any interest
in this proposal or in the Contract to be entered into; that this proposal is made without
connection with any other person, firm, or parties making a proposal; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Proposer further declares that it has examined the site of the Work and informed itself fully
of all conditions pertaining to the place where the Work is to be done; that it has examined the
Contract Documents and all addenda thereto furnished before the opening of the proposals, as
acknowledged below; and that it has satisfied itself about the Work to be performed; and all
other required information with the proposal; and that this proposal is submitted voluntarily and
willingly.
The Proposer agrees, if this proposal is accepted, to contract with the City, a political
subdivision of the State of Florida, pursuant to the terms and conditions of the Contract
Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus,
means of transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
REQUEST FOR PROPOSALS (RFP) No. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
The Proposer also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total proposal
price plus alternates, if any, provided in the RFP Price Form in Section 00408 and to furnish the
required Certificate(s) of Insurance.
In the event of arithmetical errors between the division totals and the total base proposal in the
RFP Price Form, the Proposer agrees that the total base proposal shall govern. In the event of
a discrepancy between the numerical total base proposal and the written total base proposal,
the written total base proposal shall govern. In absence of totals submitted for any division cost,
the City shall interpret as no proposal for the division, which may disqualify the Proposer.
RFP 2014-206-SR CITY OF MIAMI BEACH �.i'lir``t,
Due Date:4/29/2014 31 ��BEACH
Acknowledgment is hereby made of the following addenda (identified by number) received since
issuance of the Project Manual:
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional Letter of Credit ( ],
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No.
Bank of for the sum of
Dollars ($ ).
The Proposer shall acknowledge this proposal by signing and completing the spaces provided
below.
Name of Proposer:
City/State/Zip:
Telephone No.:
Social Security
No. or Federal Dun and
I.D.No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
(Sign below if not incorporated)
WITNESSES: (Type or Print Name of Proposer)
(Signature)
(Type or Print Name Signed Above)
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 32 `` "`''"f'Q EACH
(Sign below if incorporated)
ATTEST: (Type or Print Name of Corporation)
Secretary
(Signature and Title)
(CORPORATE SEAL)
(Type or Print Name Signed Above)
Incorporated under the laws of the State of:
RFP 2014-206-SR CITY OF MIAMI BEACH
BEACH
Due Date:4/29/2014
33
00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES:
Each license, permit or fee a Contractor will have to pay the City before or during construction
or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE
CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as
follows:
The City of Miami Beach will require occupational licenses for Contractors as well as
sub-contractors.
Licenses, permits and fees which may be required by Miami-Dade County, the State of
Florida, or other governmental entities are not included in the above list, but are listed as
attached (next page) and included as an allowance in the proposal.
1. Occupational licenses from City of Miami Beach firms will be required to be submitted
within fifteen (15) days of notification of intent to award.
9. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes.
NOTE: a) If the Contractor is a State of Florida Certified Contractor the following will
be required:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City of
Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance Certificate made to City of
Miami Beach
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE
CERTIFICATES WITH YOUR PROPOSAL RESPONSE
RFP 2014-206-SR CITY OF MIAMI BEACH Ak
Due Date:4/29/2014 34 / MI BEACH
CITY OF MIAMI BEACH
CAPITAL IMPROVEMENTS PROGRAM
REQUEST FOR PROPOSALS (RFP) No. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
Note: The Proposer shall obtain and pay for all permits required for execution of the
work.
PERMITS
I. MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC
RESOURCES (RER) (formerly DERM).
II. Florida Department of Health
III. FLORIDA POWER AND LIGHT(FPL)
IV. CITY OF MIAMI BEACH
• ROW Permit
• Building Department— Building, Mechanical, Plumbing, Structural, Electrical,
Accessibility- Notice of Commencement Permit
RFP 2014-206-SR CITY OF MIAMI BEACH ® /vliI A M I B E A C
Due Date:4/29/2014 35 OF
00407. CONSIDERATION FOR INDEMNIFICATION OF CITY
Consideration for Indemnification of City $25.00
[X] Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
[NOTE: If the brackets are checked or marked, the Proposer must fill out the
Trench Safety Act sheet, to be considered responsive.]
RFP 2014-206-SR CITY OF MIAMI BEACH ® °'tiI�,,t i�111 BEACH
Due Date:4/29/2014 36
00408. RFP (GMP) PRICE FORM
REQUEST FOR PROPOSALS (RFP) No. 2014-206-SR
DESIGN/BUILD SERVICES FOR LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
Item No, Item Description for Building 1965 Lump Sum Price
1 General Conditions
2 Site Construction
3 Concrete
4 Masonry
5 Metals
6 Wood & Plastic
7 Thermal Protection
8 Doors and Windows
9 Finishes
10 Specialties
11 Equipment
12 Furnishings
13 Special Construction
14 Conveying systems
15 Mechanical
16 Electrical
17 Design Services
18 Consideration for Indemnification of City $25.00
19 Structural Allowances
20 Permitting Allowance
21 5% Contingency
Grand Total:
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 37
Item No. Item Description for Building 1975 Lump Sum Price
1 General Conditions
2 Site Construction
3 Concrete
4 Masonry
5 Metals
6 Wood & Plastic
7 Thermal Protection
8 Doors and Windows
9 Finishes
10 Specialties
11 Equipment
12 Furnishings
13 Special Construction
14 Conveying systems
15 Mechanical
16 Electrical
17 DesignServices
18 Consideration for Indemnification of City $25.00
19 Structural Allowances
20 Permitting Allowance
21 5% Contingency
Grand Total:
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED
PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE.
NAMEITITLE (Print):
ADDRESS:
CITY/STATE: ZIP:
TELEPHONE NO: FAX NO:
E-MAIL:
FEDERAL I.D. #:
SUBMITTED BY:
SIGNED:
(I certify that I am authorized to execute this proposal and commit the proposing firm)
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 38 .3;--`
00500 SUPPLEMENT TO BID/TENDER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE PROPOSAL; HOWEVER,
ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN
SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Proposer certifies the truth and accuracy of all
statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of the
licenses, certifications, or registrations specified in Section 00405? Additionally, list
below or attach a list of all the names of all individuals team members included in this
proposal and their respective responsibility.
License/Certification#/Registration# #Years
1A. What business are you in?
2. What is the last project of this nature that you have completed?
3. Have you ever failed to complete any work awarded to you? If so, where and why?
3A. Give owner names, addresses and telephone numbers,. and surety and project names,
for all projects for which you have performed work, where your surety has intervened to
assist in completion of the project, whether or not a claim was made.
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
4.1.
(name) (address) (phone #)
4.2.
(name) (address) (phone#)
4.3.
(name) (address) (phone #)
RFP 2014-206-SR CITY OF MIAMI BEACH 1,.,,h;
Due Date:4/29/2014 39 r-,,�.�;,
5. List the following information concerning all contracts in progress as of the date of
submission of this proposal. (In case of co-venture, list the information for all
co-venturers.)
ORIGINAL CURRENT DATE OF %OF
NAME OF OWNER& CONTRACT CONTRACT COMPLETION COMPLETION
PROJECT PHONE# VALUE VALUE PER CONTRACT TO DATE
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Proposer completely inspected the proposed project and
does the Proposer have a complete plan for its performance? Yes No
7. State the name of your proposed project manager and superintendent and give details of
his or her qualifications and experience in managing similar work:
8. State the true, exact, correct and complete name of the partnership, corporation or trade
name under which you do business and the address of the place of business. (If a
corporation, state the name of the president and secretary. If a partnership, state the
names of all partners. If a trade name, state the names of the individuals who do
business under the trade name).
8.1 The correct name of the Proposer is
8.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
8.3 The address of principal place of business is
8.4 The names of the corporate officers, or partners, or individuals doing business
under a trade name, are as follows:
RFP 2014-206-SR CITY OF MIAMI BEACH BEACH,
Due Date:4129/2014 40 '�'�''"
8.5 List all organizations which were predecessors to Proposer or in which the
principals or officers of the Proposer were principals or officers.
8.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have
been filed by or against the Proposer, its parent or subsidiaries or predecessor
organizations during the past five (5) years. Include in the description the
disposition of each such petition.
8.7. List and describe all successful Performance or Payment Bond claims made to
your surety(ies) during the last five (5) years. The list and descriptions should
include claims against the bond of the Proposer and its predecessor
organization(s).
8.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or
against the Proposer or its predecessor organization(s) during the last five (5)
years. The list shall include all case names; case, arbitration or hearing
identification numbers; the name of the project over which the dispute arose; a
description of the subject matter of the dispute; and the final outcome of the
claim.
RFP 2014-206-SR CITY OF MIAMI BEACH
'�d
Due Date:4/2912014 41 ® is t -i
8.9. List and describe all criminal proceedings or hearings concerning business
related offenses in which the Proposer, its principals or officers or predecessor
organization(s) were defendants.
8.10. Has the Proposer, its principals, officers or predecessor organization(s) been
debarred or suspended from bidding by any government during the last five (5)
years? If yes, provide details.
8.11. Under what conditions does the Proposer request Change Orders.
8.12 You must provide the names of all individuals or entities (including your sub-
consultants) with a controlling financial interest. The term "controlling financial
interest" shall mean the ownership, directly or indirectly, of 10% or more of the
outstanding capital stock in any corporation or a direct or indirect interest of
10% or more in a firm. The term "firm" shall mean any corporation, partnership,
business trust or any legal entity other than a natural person.
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:412912014 42
9. Individuals or entities (including our sub-consultants) with a controlling financial interest:
have have not contributed to the campaign either directly or indirectly, of
a candidate who has been elected to the office of Mayor or City Commissioner for the
City of Miami Beach. Please provide the name(s) and date(s) of said contributions and
to whom said contribution was made.
10. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the
Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or
suspended from performing work for the Federal Government or any State or Local
Government or subdivision or agency thereof?
Yes [ ] No [ ]
11. Are any indictments, debarments, disqualifications, or suspensions referenced on the
previous page current?
Yes [ ] No [ ]
***If the answer to 10 or 11 is yes, attach a written detailed explanation.
12. Is the business entity a Miami Beach based Vendor?
Yes [ ] No [ ]
***If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami
Beach, or documentation to demonstrate that the headquarters is in the City of Miami
Beach, or documentation which proves that goods and/or contractual services are being
produced or performed, as appropriate, in the City of Miami Beach.
13. Is the business entity owned by a certified service-disabled veteran, and or a small
business owned and controlled by veterans, as defined on Section 502 of the Veteran
Benefit Health, and Information Technology Act of 2006, and cited in the Database of
Veteran-owned Business?
Yes [ ] No [ ]
RFP 2014-206-SR CITY OF MIAMI BEACH N-,-1A.;j' ,!BEACH
Due Date:4/2912014 43
VALIDATION:
The undersigned certifies that the information provided in this questionnaire is correct and
accurate.
IF PARTNERSHIP:
Signature Print Name of Firm
Print Name Address
Title:
IF CORPORATION:
Signature Print Name of Corporation
Print Name Address
Title:
WITNESS:
Signature
Print Name
Title:
(CORPORATE SEAL)
Attest: Secretary
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 44 ® `";l A,t 'i'BEACH
00520. SUPPLEMENT TO PROPOSAL TENDER FORM NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR PROPOSER TO BE DEEMED
RESPONSIBLE.
Submitted this day of , 20_
The undersigned, as Proposer, declares that the only persons interested in this proposal are
named herein; that no other person has any interest in this proposal or in the Contract to which
this proposal pertains; that this proposal is made without connection or arrangement with any
other person; and that this proposal is in every respect fair and made in good faith, without
collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which
the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the following
number: RFP 305-2013TC.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 45 ;SY;,'IA,,\,A EACH
00530. SUPPLEMENT TO PROPOSAL TENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR PROPOSER TO BE DEEMED
RESPONSIVE.
The undersigned Proposer hereby certified that it will provide a drug-free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the offeror's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Proposer's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 46 '`"` '`"BEACH
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1)through (6).
(Proposer Signature)
(Print Vendor Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 , by as
(name of person whose signature is being notarized)
(title) of ,
(name of corporation/company)
known to me to be the person described herein, or who produced as
identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
My commission expires:
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 47 ® 'v'',i° "{```t� `
00540. SUPPLEMENT TO PROPOSAL TENDER FORM TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH PROPOSAL FOR THE
PROPOSAL TO BE DEEMED RESPONSIVE. (SEE SECTION 00407)
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Proposer, by virtue of the signature below, affirms that the Proposer is aware of this Act,
and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Proposer and subcontractors.
The Proposer is also obligated to identify the anticipated method and cost of compliance with
the applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL PROPOSAL PRICE ARE COSTS FOR COMPLYING WITH
THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE
RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY.
THEY ARE NOT TO BE CONFUSED WITH PROPOSAL ITEMS IN THE SCHEDULE OF
PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
The Proposer further identified the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
Total $
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/2912014 48 ``" c: `'"``'i � �
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSER MUST COMPLETE*
THIS FORM, SIGN AND SUBMIT IT WITH ITS PROPOSAL DOCUMENT.
Name of Proposer
Authorized Signature of Proposer
*COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS, (i.e. DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE, EXTENDED, AND
METHOD).
RFP 2014-206-SR CITY OF MIAMI BEACH ® yq.,- a,4' � �
Due Date:4/29/2014 49
00550. RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Proposers are encouraged to supply with
their proposal, any information available regarding recycled material content in the products
proposed. The City is particularly interested in the type of recycled material used (such as
paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the
product. The City also requests information regarding any known or potential material content
in the product that may be extracted and recycled after the product has served its intended
purpose.
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 50 ® °'`';J "�``� �
00600. SAMPLE CONTRACT:
NOTE: THE FOLLOWING AGREEMENT IS INCLUDED IN THIS RFP FOR EXAMPLE
PURPOSES ONLY. THE CITY RESERVES THE RIGHT OT NEGOTIATE, ANY OR ALL
TERMS AND CONDITIONS-HEREIN, INCLUDING, WITHOUT LIMITATION, THE INCLUSION
OF ADDITIONAL TERMS AND CONDITIONS.
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
for
DESIGN/BUILD SERVICES
FOR THE LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
This is an Agreement (the "Agreement") between the CITY OF MIAMI BEACH, FLORIDA, a not
for profit corporation of the State of Florida, its successors and assigns, hereinafter referred to
as "CITY."
AND
its successors and assigns, hereinafter referred to as "DESIGN/BUILD FIRM."
WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CITY and DESIGN/BUILD FIRM agree as follows:
ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and provisions
which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true
and correct and are agreed upon by the parties.
Whenever the following terms or pronouns in place of them appear in this Agreement the intent
and meaning shall be interpreted as follows:
1.00 Applicable Laws: All federal, state, county, and local statutes, codes, laws, rules,
regulations, ordinances, orders and standards applicable to the Project and any other such law
hereafter enacted, and any rules adopted pursuant thereto, as all such laws may be amended
from time to time to perform the Work
1.01 Change Order: To the extent permitted under this Agreement, a fully executed written
document authorizing a change in the Contract Price or Contract Time or a material change in
the Work.
1.02 City: The CITY (or Owner) shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
33139, which is a party hereto and/or for which this Contract is to be performed. In all respects
hereunder, CITY's performance is pursuant to CITY's position as the owner of a construction
project. In the event CITY exercises its regulatory authority as a governmental body, 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.
1.03 City Commission: City Commission shall mean the governing and legislative body of the
CITY.
1.04 City Manager: City Manager shall mean the Chief Administrative Officer of the CITY.
1.05 Construction Documents Phase: The phase in which DESIGN/BUILD FIRM will consult
with the Contract Administrator and prepare the Construction Documents for the Project, based
upon the DCP, for review and approval of the CITY (including, without limitation, any and all
applicable CITY departments) and any applicable regulatory agencies.
1.06 Construction Manager: The Construction Manager is the authorized individual or firm
which is the representative of DESIGN/BUILD FIRM who will administer/manage the
construction effort on behalf of the DESIGN/BUILD FIRM.
1.07 Construction Manager Representative: An authorized representative of Construction
Manager assigned to the Project site to perform those services detailed in Article 17.
1.08 Construction Phase. The phase of services which constitutes DESIGN/BUILD FIRM's
administration of the construction of the Project and all activities necessary for the completion of
the Project.
1.09 Consultant: The registered architect, professional engineer, professional land surveyor,
civil engineer, architect and/or registered landscape architect who has contracted with or who is
employed by DESIGN/BUILD FIRM to provide professional services for the design of the Project
and who is licensed by the State of Florida to provide said services
1.10 Contract: This Agreement and all addenda, exhibits and amendments thereto between
the CITY and the DESIGN/BUILD FIRM for this Project, all as defined herein. Contract shall
also mean the same as Agreement.
1.11 Contract Administrator: The CITY's Capital Improvement Projects Office Director, or his
designee, shall be designated as the Contract Administrator for matters concerning the
Agreement.
1.12 Contract Documents: This Agreement, as approved by the Mayor and City Commission,
pursuant to and subject to the conditions of City Resolution No. 2013-xxxxx, and executed by
the Mayor and City Clerk, and any addendums, exhibits or amendments thereto; Change
Orders; the performance bond and payment bonds; the DCP; the Construction Documents,
including but not limited to, Plans and Specifications (as approved and permitted) as prepared
RFP 2014-206-SR CITY OF MIAMI BEACH ' ''' '','nE C-H
Due Date:4/29/2014 52 � `' `�
by the DESIGN/BUILD FIRM in general accordance with the DCP, computerized Critical Path
Method (CPM) Project Schedule and Schedule of Values; and any additional documents the
submission of which is required by this Agreement. When reference is made in the Contract
Documents to publications, standards or codes issued by associations or societies, the intent
shall be to specify the current or adopted edition of such publication or standard including
revision and effect on the date of the issuance of all applicable permits.
1.13 Contract Time: The original time between Project commencement and Project
completion, including any milestone dates thereof, established -in Article 6 of the Contract, as
may be amended by Change Order.
1.14 Contract Price: The Guaranteed Maximum Price agreed to between DESIGN/BUILD
FIRM and the CITY. The Contract Price is not subject to increase, except as expressly allowed
within the Contract Documents.
1.15 Design/Build Firm: its successors and assigns, is the DESIGN/BUILD
FIRM selected to perform the Work pursuant to this Agreement, and is the person, firm or
corporation liable for the acceptable performance of, and payment of all legal debts pertaining
to, the Project. All references in the Contract Documents to third parties under contract or
control of DESIGN/BUILD FIRM shall be deemed to be a reference to DESIGN/BUILD FIRM.
The DESIGN/BUILD FIRM will be responsible for the provision, installation, and performance of
all equipment, materials, and services offered. The DESIGN/BUILD FIRM is in no way relieved
of the responsibility for the performance of all equipment furnished.
1.16 Design Criteria Package (DCP): DCP shall mean those certain conceptual plans and
specifications and performance oriented drawings or specifications of the Project, as prepared
and sealed by the Design Criteria Professional, and in compliance with the requirements of
Section 287.055, Florida Statutes.
1.17 Design Criteria Professional: Design Criteria Professional shall mean the individual or
entity who/which holds a current certificate as a registered engineer under Chapter 471 to
practice engineering and who is employed by or retained by the CITY to provide professional
services in compliance with the requirements of Section 287.055, Florida Statutes, and in
connection with the preparation of the DCP; who shall review and provide recommendations
regarding the Construction Documents prepared by the DESIGN/BUILD FIRM for the Project;
and evaluate compliance of Project construction with the DCP.
1.18 Field Order: A written order issued by the Contract Administrator or Project Manager
which orders minor changes in the Project but which does not involve a change in the Contract
Price or Contract Time or a material change in the Work.
1.19 Final Completion: The date certified by the Project Manager or the Design Criteria
Professional that all conditions of the permits and regulatory agencies have been met; all
construction, including corrective and punch list work, has been performed; all administrative
requirements of the Contract Documents have been completed; and CITY has received from
DESIGN/BUILD FIRM all necessary documentation, as deemed by the CITY, including but not
limited to the following: all final releases of liens, consent of surety, release of claims by
DESIGN/BUILD FIRM, corrected as-built drawings, a final bill of materials, executed final
adjusting Change Order, final invoice, "before and after" electronic DVD's (including, without
limitation, electronic DVD's of stormwater lines and outfalls within the Project limits), copies of
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 53 -.`I,'„�v ll1�
pertinent test results, correspondence, warranties, guarantees, operational manuals, spare
parts, service contracts and tools.
1.20 [Intentionally Deleted].
1.21 Contractor: , its successors and assigns (the DESIGN-BUILD FIRM) shall
also be the general contractor which shall perform the Work pursuant to this Agreement.
1.22 Hazardous Materials: As used in this Contract the term "Hazardous Materials" means
any chemical, compound, material, substance or other matter that:
(a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine,
bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious
material, whether injurious or potentially injurious by itself or in combination with
other materials;
(b) is controlled, referred to, designated in or governed by any Hazardous Materials
Laws;
(c) gives rise to any reporting, notice or publication requirements under any
Hazardous Materials Laws, or
(d) is any other material or substance giving rise to any liability, responsibility or duty
upon the CITY with respect to any third person under any Hazardous Materials
Law.
1.23 Hazardous Materials Laws: As used in this Contract, the term "Hazardous Materials'
Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders,
regulations or court decisions (including the so called "common law"), including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. §§9601 et seq.), the Hazardous Materials Transportation Act, as amended
(49 U.S.C. §§1801 et seq.), and the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. §§6901 et seq.), relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, environmental conditions on, under or about the Premises,
soil and ground water conditions or other similar substances or conditions.
1.24 Material(s): Material(s) incorporated in this Project or used or consumed in the
performance of the Work.
1.25 GUARANTEED MAXIMUM PRICE: THE MUTUALLY AGREED UPON CONTRACT
PRICE TO BE PAID TO THE DESIGN/BUILD FIRM, AND THAT THE DESIGN / BUILD FIRM
GUARANTEES NOT TO EXCEED, FOR ALL LABOR, EQUIPMENT, AND MATERIALS TO
DESIGN, PERMIT, ADMINISTER, COORDINATE, INSPECT, CONSTRUCT, AND INSTALL
THE PROJECT WITHIN THE CONTRACT TIME. THE GUARANTEED MAXIMUM PRICE IS
NOT SUBJECT TO INCREASE, EXCEPT AS EXPRESSLY ALLOWED WITHIN THE
CONTRACT DOCUMENTS.
1.26 Notice-to-Proceed: A written document issued by the Contract Administrator informing
the DESIGN/BUILD FIRM to officially begin the Project.
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Due Date:4/29/2014 54
1.27 Plans and Specifications: The official graphic and descriptive representations of the
Project which, upon written approval of CITY, shall become a part of the Contract
Documents.1.28 Project: The DESIGN/BUILD FIRM will be responsible for the design,
permitting, construction and construction management associated with the rehabilitation and
restoration of the historic London House Project. The Project limits consist of the properties
located at 1965 & 1975 Washington Avenue. A DCP has been prepared by the Design Criteria
Professional and includes and/or references in such DCP, as the case may be, conceptual
construction drawings and technical specifications for the exterior Architectural Features,
Structural Shell (including sheathing), Site Construction, Concrete, Masonry, Rough and Finish
Carpentry, Thermal and moisture protection, Doors and Windows, Interior Finishes, Equipment,
Conveying Systems, Plumbing, Mechanical and Electrical.
Y 9 Y , 9
The DESIGN/BUILD FIRM shall obtain all necessary permits for the construction of the Project
including, but not limited to, the following: Miami-Dade Department of Health, Miami-Dade
Department of Environmental Resources Management, and the CITY's regulatory departments
(i.e. Public Works, Fire, Building, etc.).
1.29 Project Manager: An authorized representative of CITY, who may be a CITY employee
or a Resident Project Representative assigned to the Project by the CITY, assigned to make
necessary observations of materials furnished by DESIGN/BUILD FIRM and of the Work
performed by DESIGN/BUILD FIRM as detailed in Subsection 5.06.
1.30 Shop Drawings: Drawings, diagrams and schedules, and other data specially prepared
by the DESIGN/BUILD FIRM or its Subcontractors, sub-Subcontractors, manufacturer, supplier
or distributor to illustrate some portion of the Work.
1.31 Subconsultant: The person or entity who is a registered architect, professional engineer,
professional land surveyor, and/or registered landscape architect having a contract with
Consultant to provide professional services for the design of the Project and who is licensed by
the State of Florida to provide said services.
1.32 Subcontractor: The person or entity having a direct contract with DESIGN/BUILD FIRM
including one who furnishes material worked to a special design according to the Contract
Documents for this Project, but does not include one who merely furnishes materials not so
worked.
1.33 Substantial Completion: Subject to the requirements of Article 41, the date(s) certified
by the Contract Administrator that all conditions of the permits and regulatory agencies have
been met for the CITY's intended use of the Project, and all construction has been performed
therein in accordance with the Contract Documents so CITY can fully occupy or utilize, as
opposed to partially occupy or utilize, the Project for its intended purpose. At a minimum, a
Certificate of Substantial Completion is one of the requirements for Substantial Completion.
1.34 ' Surety: The surety company or individual which is bound by the performance bond and
payment bonds with and for DESIGN/BUILD FIRM who is primarily liable and which surety
company or individual is responsible for DESIGN/BUILD FIRM's acceptable performance of the
Work under the Contract and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.35 Utilities: The public or private systems on the Project site for rendering electrical power,
light, heat, gas, water, communication, sewage systems, and the like.
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1.36 Work: The completed construction required by the Contract Documents, as permitted,
including all labor necessary to produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 2 GENERAL PROVISIONS
2.01 Generally: DESIGN/BUILD FIRM hereby agrees to furnish all of the labor, Materials,
equipment, Work, services, and incidentals necessary to perform all of the Work described in
the Contract Documents, and related thereto for the Project, for the Guaranteed Maximum
Price.
2.02 Relationship of CITY and DESIGN/BUILD FIRM: The DESIGN/BUILD FIRM accepts the
relationship of trust and confidence established between it and the CITY by this Agreement.
The DESIGN/BUILD FIRM represents that it will furnish its best skill and judgment in performing
the Work, and shall always act to further the interest of the CITY in the expeditious completion
of the Project at the lowest cost to the CITY, and in strict accordance with the Contract
Documents and prudent and customary construction practices.
By signing this Contract, the DESIGN/BUILD FIRM accepts a fiduciary duty with the CITY and
warrants and represents to the CITY that the DESIGN/BUILD FIRM: (a) has all licenses and
certifications required by Applicable Laws; (b) is experienced in all aspects of pre-construction
and construction planning for projects similar to the Project; (c) will act in the CITY'S highest
and best interests in performing the Work; and (d) that no employee or affiliate of the
DESIGN/BUILD FIRM, including all Subconsultants, Subcontractors, and suppliers, at any tier,
has been convicted of a public entity crime, fraud, theft and/or a property damage crime within
the preceding thirty-six (36) months from the time this Contract is executed, pursuant to Section
287.133, Florida Statutes.
2.03 Intention of CITY: It is the intent of CITY to describe in this Agreement and the DCP a
functionally complete Project to be designed and constructed in accordance with the Contract
Documents, for the Guaranteed Maximum Price, and in accordance to all Applicable Laws
governing construction of the Project. Any Work, services, Materials, or equipment that may
reasonably be inferred from the Agreement and the DCP as being required to produce the
intended result shall be supplied by DESIGN/BUILD FIRM whether or not specifically called for.
When words which have a well-known technical or trade meaning are used to describe Work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any technical society, organization
or associations, or to the laws or.regulations of any governmental authority, whether such
reference is specific or by implication, shall mean the latest standard specification, manual,
code or laws or regulations in effect at the time of issuance of all applicable permits. If a conflict
exists between two or more referenced standards, the most stringent shall apply. The CITY
shall have no duties other than those duties and obligations expressly set forth within the
Agreement and the DCP.
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2.04 Preliminary Matters:
2.04.01 Within five (5) calendar days prior to the pre-construction meeting
described in Subsection 2.04.02, DESIGN/BUILD FIRM shall submit the following to
Project Manager, for Project Manager's review and approval:
2.04.01.01 A CPM Project "Base Line" Schedule inclusive of all
contract scope, one (1) copy on a CD, and one (1) hard copy (activities
arranged in "waterfall"), in the indicated form for final review and approval:
() Bar Chart
() Modified CPM
() CPM
(X) Computerized CPM using the latest edition of the Primavera
software
(CPM shall be interpreted to be generally as outlined in the Association of
General Contractors (AGC) publication, "The Use of CPM in
Construction.")
DESIGN/BUILD FIRM shall provide a preliminary man loaded, logic
based CPM Project "Base Line" Schedule using "Early Start" and "Early
Finish" dates for each activity. The DESIGN/BUILD FIRM shall include, in
addition to normal work activity input, input that encompasses all
submittal approvals; delivery durations for important materials and/or
equipment; logic relationships of activities, including physical and site
restraints; and shall clearly identify the Project's critical path. This input
shall be precedence based CPM scheduling using the most recent
version of Primavera software. DESIGN/BUILD FIRM shall provide
Project Manager with a copy of the software.
The preliminary CPM Project "Base Line" Schedule, when submitted,
shall have attached a program-generated error report stating that no
errors exist in the schedule.
DESIGN/BUILD FIRM shall submit monthly, with each requisition for
payment, an update of the CPM Project Schedule (with a program-
generated error report stating that no errors exist in the schedule and that
does not revise the CPM Project "Base Line" Schedule's Substantial
Completion or Final Completion date) showing the progress for the
month. DESIGN/BUILD FIRM SHALL SUBMIT ONE HARD COPY AND
ONE ELECTRONIC COPY. In addition to the CPM Project "Base Line"
Schedule, DESIGN/BUILD FIRM shall include a narrative report of the
month's progress, an explanation of any delays and or additions/deletions
to activities.
It is strongly recommended that DESIGN/BUILD FIRM hire a seasoned
professional, in the use of Primavera, to develop and update the
Primavera CPM Project "Base Line" Schedule.
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DESIGN/BUILD FIRM shall attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and,
monthly, be prepared to discuss any:
1) Proposed changes to the CPM Project "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.
The CPM Project "Base Line Schedule shall be the basis of the
DESIGN/BUILD FIRM's Work and shall be complied with in all respects.
If the DESIGN/BUILD FIRM's Work becomes more than (30) days behind
schedule DESIGN/BUILD FIRM shall be required to submit a "Make-Up"
schedule to Project Manager, for review and approval, that demonstrates
"Catch Up" within thirty (30) days. DESIGN/BUILD FIRM shall provide, at
DESIGN/BUILD FIRM's sole expense, the necessary additional labor and
or equipment necessary to make-up the lost time. Failure to provide a
"Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be
reason to default DESIGN/BUILD FIRM.
2.04.01.02 After award, but prior to the submission of the final CPM
Project "Base Line" Schedule, Project Manager, Contract Administrator
and DESIGN/BUILD FIRM shall meet with all utility owners and secure
from them a schedule of utility relocation; provided, however, that CITY
shall not be responsible for non-performance by the utility owners.
2.04.01.03 A preliminary schedule of Shop Drawing submissions; and
2.04.01.04 A preliminary Schedule of Values for all of the Work which
will 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
DESIGN/BUILD FIRM at the time of submission.
2.04.02 At a time specified by Project Manager, but before DESIGN/BUILD FIRM
commences the Work at the Project site, a conference attended by DESIGN/BUILD
FIRM, Project Manager and others, as deemed appropriate by Contract Administrator,
will be held to discuss the schedules referred to in Subsection 2.04.01; to discuss
procedures for handling Shop Drawings and other submittals; for processing requisitions
for payment; and to establish a working understanding among the parties as to the
Work.
2.04.03 Within thirty-five (35) days from the Project Initiation Date (as set forth in
the first Notice-to-Proceed), a conference attended by DESIGN/BUILD FIRM, Project
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Manager and others, as deemed appropriate by Contract Administrator, will be held to
finalize the schedules submitted in accordance with Subsection 2.04.01. Within forty-
five (45) days after the Project Initiation Date (as set forth in the first Notice-to-Proceed),
the DESIGN/BUILD FIRM shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for Project Manager
review. The finalized CPM Project "Base Line" Schedule will be accepted by Project
Manager only as providing an orderly progression of the Work to completion within the
Contract Time, but such acceptance shall not constitute acceptance by CITY of the
means or methods of construction or of the sequencing or scheduling of the Work, and
such acceptance will not impose on the CITY responsibility for the progress or
scheduling of the Work, nor relieve DESIGN/BUILD FIRM from full responsibility
therefore. The finalized schedule of Shop Drawing submissions must be acceptable to
Project Manager as providing a workable arrangement for processing the submissions.
The finalized Schedule of Values pursuant to Subsection 2.04.01.03 above must be
acceptable to Project Manager as to form and substance.
2.05 The DESIGN/BUILD FIRM agrees that the Work shall be performed in a good and
professional manner, free from defects in Materials and workmanship, conflicts, and that all
Materials shall be new and approved by and acceptable to the Project Manager and Contract
Administrator, except as otherwise expressly provided for in the Contract Documents. The
DESIGN/BUILD FIRM shall cause all Materials and other parts of the Work to be readily
available as and when required or needed for or in connection with the construction, furnishing
and equipping of the Project improvements.
ARTICLE 3 INTENTION OF AGREEMENT
It is the intent of the Agreement and the DCP to describe a functionally complete Project to be
designed and constructed by the DESIGN/BUILD FIRM in accordance with the Contract
Documents and for the Guaranteed Maximum Price. Any Work, Materials, services or
equipment that may reasonably be inferred from the Contract Documents, as being required to
produce the intended result will be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe Work, Materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to
Applicable Laws including, without limitation, reference to standard specifications, manuals or
codes of any technical society, organization or association, or to laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall mean the
standard specification, manual, code, laws or regulations in effect at the time of issuance of all
applicable permits. Applicable Laws that may be changed after a permit is issued may result in
additional compensation should additional Work or services be required on behalf of the
DESIGN/BUILD FIRM.
ARTICLE 4 CONTRACT DOCUMENTS
4.01 The Contract Documents shall be followed as to Work, Materials, and dimensions except
when the Contract Administrator may authorize, in his/her sole discretion, and in writing, an
exception.
4.02 Dimensions given in figures are to hold preference over scaled measurements from the
drawings; however, all discrepancies shall be decided upon by the Consultant, with concurrent
written notice to Contract Administrator and Project Manager. DESIGN/BUILD FIRM shall not
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/2912014 59 M -U I ''`i`I BEACH
proceed when in doubt as to any dimension or measurement but shall seek clarification from the
Consultant, with concurrent written notice to Contract Administrator and Project Manager.
4.03 DESIGN/BUILD FIRM shall maintain four (4) copies of the Contract Documents; two (2)
of which shall be preserved and always kept accessible at the site for the Contract
Administrator, Project Manager, and/or their authorized representatives.
4.04 This Contract incorporates by reference the Contract Documents defined in Subsection
1.12. The following documents listed in Subsection 1.12 have the following order of
precedence, beginning with the most important:
1. This Agreement(Contract) and all exhibits, addendums, and amendments thereto;
2. Change Orders (to the extent permitted under this Agreement);
3. The Specifications (approved and permitted);
4. The Plans (approved and permitted);
5. The DCP;
6. CPM Project Schedule and Schedule of Values.
ARTICLE 5 SCOPE OF WORK
5.01 DESIGN/BUILD FIRM hereby agrees to complete the Project generally described by the
DCP, including furnishing all preliminary study designs, drawings and specifications, job site
inspection, administration of construction, engineering, architecture, landscape architecture, and
land surveying services, labor, materials, equipment and other services necessary to perform all
of the Work described in the Contract Documents, to be prepared by the DESIGN/BUILD FIRM,
including drawings and addenda thereto for the construction of the Project, to be constructed in
accordance with the requirements and provisions of said Contract Documents and for the
Guaranteed Maximum Price.
5.02 DESIGN/BUILD FIRM agrees to meet with Contract Administrator and/or Project
Manager or their designees at reasonable times and with reasonable notice.
5.03 Prior to the Final Completion of construction services under this Agreement, and as a
condition precedent to final payment, there shall be established a record set of Plans and
Specifications, on reproducible vellum and on CD Rom, noncompressed, formatted in the latest
version of AutoCAD, which shall bear the approvals of DESIGN/BUILD FIRM and Contract
Administrator. Such approval shall be indicated by the written signature of both parties. In
addition, prior to the commencement of construction services under this Agreement,
DESIGN/BUILD FIRM shall submit to the Contract Administrator a CPM Project "Base Line"
Schedule, and such other items as required in Subsection 2.04.03, for the planning and
execution of the Construction Phase of the Project, for prior written approval by Project
Manager.
5.04 DESIGN/BUILD FIRM herein represents that Construction Manager, at a minimum, will
provide the following services:
5.04.01 At least thirty (30) days prior to the commencement of the Construction
Phase of the Project, the DESIGN/BUILD FIRM will identify and provide the
qualifications of a suitably qualified and experienced Construction Manager who will be
full time, on site at the Project.
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5.04.02 DESIGN/BUILD FIRM will use reasonable efforts to have the same
Construction Manager on the Project full time to its conclusion, and any new
representative will first be approved in writing by Contract Administrator before
permanent assignment. Approval shall not be unreasonably withheld.
5.04.03 The Construction Manager will conduct weekly on-site meetings with the
Contractor and its Subcontractors at regular times, as previously agreed upon and
approved by the Project Manager, and shall issue weekly reports on the progress of the
Work and the minutes of the previous meeting.
5.04.04 Construction Manager will administer the Contractor's Work.
5.04.05 The Construction Manager shall maintain and monitor the CPM Project
Schedule, subject to Project Manager's prior written approval, and implement updates as
required.
5.04.06 The Construction Manager shall coordinate the processing of shop
drawings and material submittals.
5.04.07 The Construction Manager will endeavor to achieve satisfactory
performance by Contractor and, if required, will require corrections to Contractor's Work
including, but not limited to, maintaining punch lists and observing testing.
5.04.08 The Construction Manager will monitor the cost of the Project, including
payment applications and the preparation thereof.
5.04.09 The Construction Manager will assist in the preparation of record
drawings, and shall transmit to the Consultant requests for additional information
concerning the design. In addition, the Project Manager shall be copied on these
requests for monitoring purposes.
5.04.10 The Construction Manager will observe testing and start-up activities of
machinery and utilities.
5.04.11 The Construction Manager will secure all equipment brochures and
warranties from the Contractor.
5.04.12 The Construction Manager will coordinate the correction and completion
of the Work including that required by the punch list.
5.05 DESIGN/BUILD FIRM herein represents that Consultant, at a minimum, will provide the
following services:
5.05.01 Consultant shall perform all of the architectural and engineering services
necessary to describe, detail and design the Project in accordance with the Contract
Documents.
5.05.02 Consultant shall design the Project so as to comply with all Applicable
Laws.
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5.05.03 Consultant shall prepare the Plans and Specifications, as well as obtain
all required and necessary reviews and approvals (or take other appropriate action
upon) for same, and/or other submittals including, but not limited to, shop drawings,
product data, and samples.
Consultant shall also submit the Plans and Specifications to the Design Criteria
Professional, with a copy to Contract Administrator, for his/her review and written
approval. Design Criteria Professional shall expeditiously review and approve the Plans
and Specifications in accordance with the accepted Project Schedule. Design Criteria
Professional's approval of the Plans and Specifications shall not constitute acceptance
of any design work which does not comply with Applicable Laws, the DCP, and/or with
the terms of this Contract. Except as provided in, and to the extent limited by, the
preceding sentence, the approval of the Plans and Specifications by the Design Criteria
Professional, shall constitute a representation by the Design Criteria Professional that
the Project, if constructed as required by the Contract Documents, will be sufficient for its
purposes. The Plans and Specifications shall include technical drawings, schedules,
diagrams, and specifications setting forth in detail the requirements for construction of
the Project; provide information necessary for the use of Contractor, Subcontractors, and
those in the building trade; and include documents necessary for regulatory agency and
other governmental approvals.
5.05.04 Consultant shall prepare construction change directives, if necessary, at
no additional cost to CITY, and authorize minor changes in the Work, as provided in the
Contract Documents.
5.05.05 Consultant shall receive and review for compliance with the Contract
Documents all written warranties and related documents required hereby to be
assembled upon Substantial Completion and issue Applications for Payment performed
in compliance with the requirements of the Contract Documents;
5.05.06 The approved and permitted Plans and Specifications, shall constitute a
representation by Consultant to CITY that the Project, if constructed as required by the
Contract Documents, will be sufficient for its purposes. The Plans and Specifications
shall include technical drawings, schedules, diagrams, and specifications setting forth in
detail the requirements for construction of the Project; provide information necessary for
the use of Contractor, Subcontractors, and those in the building trade; and include
documents necessary for regulatory agency and other governmental approvals.
5.06 Project Manager will provide the following services:
5.06.01 The Project Manager shall review Applications for Payment and
coordinate the processing thereof with the CITY.
5.06.02 The Project Manager shall monitor the schedule(s).
5.06.03 The Project Manager shall track, log and review all required Project
related documents and subsequently address any and all concerns with DESIGN /
BUILD FIRM.
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5.06.04 The Project Manager shall review and observe the Work and testing
thereof for general conformance and compliance with the intent of the DCP.
5.06.05 The Project Manager shall attend all required meetings and maintain
and distribute meeting minutes, with the exception of weekly construction progress
meetings as noted in 5.04.03.
5.06.06 At all times the Project Manager will act as liaison between the parties to
this Agreement, and Contract Administrator.
ARTICLE 6 COMPLETION DATE
6.01 Time is of the essence for the DESIGN/BUILD FIRM'S performance of the Work
pursuant to this Contract. The DESIGN/BUILD FIRM agrees to complete the Work in
accordance with the accepted CPM Project Schedule and to achieve Substantial Completion of
the Work, in accordance with this Contract, and within the Contract Time. DESIGN/BUILD
FIRM acknowledges that failure to achieve Substantial Completion will result in substantial
damages to the CITY, such as loss of beneficial use and/or occupancy of the Project.
Completion of the Work shall be achieved no later than thirty (30) calendar days after issuance
of a Certificate of Substantial Completion by the Contract Administrator.
6.02 DESIGN/BUILD FIRM shall be instructed to commence the Work by written instructions
in the form of a Purchase Order issued by the CITY's Procurement Director, and Notices-to-
Proceed issued by the Contract Administrator. As contemplated in subsection 6.02.01 hereof,
and following the issuance of the first Notice-to-Proceed, the City's intent is to issue multiple
Notices-to-Proceed for the construction phase of this Contract. DESIGN/BUILD FIRM shall
commence designing, 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 DESIGN/BUILD FIRM'S submission to CITY of all required documents and after
execution of the Contract by both parties.
6.02.01.1 The CITY may issue phased (i.e. multiple) Notices to Proceed for the
construction phase based on the receipt of permits from the respective regulatory
agencies. The receipt of all necessary permits by DESIGN/BUILD FIRM and
review, approval, and acceptance of the CPM Project Schedule by CITY, in
accordance with the technical specifications, submittal schedule, and Schedule
of Values, is a condition precedent to the issuance of any subsequent Notices-to-
Proceed to mobilize on the Project site and commence with physical construction
work. DESIGN/BUILD FIRM shall bear the responsibility for all re-work, including
design and permitting costs, should the respective regulatory agencies require.
Contractor shall submit all necessary documents required by this provision within
twenty-one (21) calendar days of the issuance of the first Notice-to-Proceed.
6.02.02 The DESIGN / BUILD FIRM shall complete the design phase for the building
located at 1965 Washington Ave within 30 calendar days of the Notice-to-Proceed
No. 1.
6.02.03 The DESIGN / BUILD FIRM shall complete the permitting and construction phase
for the building located at1965 Washington Ave and be substantially complete
within 180 calendar days from issuance of a Notice-to-Proceed No. 2.
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6.02.04 The DESIGN / BUILD FIRM shall complete the design phase for the building
located at 1975 Washington Ave within 90 calendar days of the Notice-to-Proceed
No. 1.
6.02.05 The DESIGN / BUILD FIRM shall complete the permitting and construction phase
for the building located at 1975 Washington Ave and be substantially complete
within 360 calendar days from issuance of Notice-to-Proceed No. 3.
6.03 TIME IS OF THE ESSENCE THROUGHOUT THIS CONTRACT. THE WORK SHALL
BE SUBSTANTIALLY COMPLETED FOR THE BUILDING LOCATED AT 1965
WASHINGTON AVE WITHIN ONE HUNDRED EIGHTY (180) CALENDAR DAYS FROM THE
DATE SPECIFIED IN THE SECOND NOTICE-TO-PROCEED; THE WORK SHALL BE
SUBSTANTIALLY COMPLETED FOR THE BUILDING LOCATED AT 1975 WASHINGTON
AVE WITHIN THREE HUNDRED SIXTY (360) CALENDAR DAYS FROM THE DATE
SPECIFIED IN THE THIRD NOTICE-TO-PROCEED (I.E. WITHIN FOUR HUNDRED
EIGHTY(480) CALENDAR DAYS FROM THE PROJECT INITIATION DATE), AND
COMPLETED AND READY FOR FINAL PAYMENT IN ACCORDANCE WITH ARTICLE 8,
WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE CERTIFIED BY CONTRACT
ADMINISTRATOR AS THE DATE OF SUBSTANTIAL COMPLETION.
6.04 Upon failure of DESIGN/BUILD FIRM to substantially complete the entire Contract within
the total specified period of time, plus approved time extensions, DESIGN/BUILD FIRM shall
pay to CITY the sum of One Thousand Dollars ($ 1,000.00) for each calendar day after the time
specified in Article 6 (plus any approved time extensions) for Substantial Completion on the
entire Project. After Substantial Completion, should DESIGN/BUILD FIRM fail to complete the
remaining Work within ten (10) calendar days after said thirty (30) calendars day period for
completion and readiness for final payment, DESIGN/BUILD FIRM shall pay to CITY the sum of
One Thousand Dollars ($ 1,000.00) for each calendar day after said ten (10) calendar day
period, for completion and readiness for final payment. The time frame for liquidated damages
shall not commence and thus shall not be tolled until the Contract Administrator submits the
punch list to the DESIGN/BUILD FIRM. These amounts are not penalties but are liquidated
damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project.
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as
a consequence of such delay, and both parties desiring to obviate any question of dispute
concerning the amount of said damages and the cost and effect of the failure of DESIGN/BUILD
FIRM to complete the Contract on time.
6.05 CITY is authorized to deduct liquidated damages from monies withheld due to
DESIGN/BUILD FIRM for the Work under this Contract or as much thereof as CITY may, in its
sole discretion, deem just and reasonable. The CITY shall first deduct the liquidated damages
from the monies referenced in Subsection 8.02.
6.06 DESIGN/BUILD FIRM shall be responsible for reimbursing CITY, in addition to liquidated
damages, for all costs incurred by Project Manager in administering the construction of the
Project beyond the completion date specified above. All such costs shall be deducted from the
monies due DESIGN/BUILD FIRM for performance of Work under this Contract by means of
unilateral credit Change Orders issued by CITY as costs are incurred by Project Manager and
agreed to by Contract Administrator.
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ARTICLE 7 DESIGN/BUILD FIRM'S RESPONSIBILITY
7.01 The parties acknowledge and agree that the DESIGN/BUILD FIRM will be responsible
for the design, permitting, construction, and the construction management associated with the
rehabilitation and restoration of the two (2) historic London House apartment buildings located
respectively at 1965 Washington Ave and 1975 Washington Ave, using those necessary
construction activities that include but is not limited to work on the exterior Architectural
Features, Structural Shell (including sheathing), Site Construction, Concrete, Masonry, Rough
and Finish Carpentry, Thermal and Moisture Protection, Doors and Windows, Interior Finishes,
Equipment, Conveying Systems, Plumbing, Mechanical and Electrical.
7.02 DESIGN/BUILD FIRM shall be fully responsible for applying for and securing all permits
and approvals from all governmental authorities having jurisdiction over the Project. All permits
and licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Project by DESIGN/BUILD FIRM pursuant to this Agreement shall be
secured and paid for by DESIGN/BUILD FIRM. It is DESIGN/BUILD FIRM'S responsibility to
have and maintain appropriate certificate(s) of competency, valid for the Work to be performed
and for all persons working on the Project for whom a certificate of competency is required.
7.03 DESIGN/BUILD FIRM shall be fully responsible for the actions of all its agents, servants,
employees including, but not limited to: the Contractor, Consultant, Subcontractors,
Subconsultants, sub-Subcontractors, sub-Subconsultants, material persons (pursuant to
Chapter 713, Florida Statutes), and any and all other persons working for it in conjunction with
the design and construction of the Project.
7.04 DESIGN/BUILD FIRM shall be fully responsible for all acts or omissions of its
Contractor, Consultant, Subcontractors, Subconsultants, sub-Subcontractors, sub-
Subconsultants, material persons, and any and all other persons working for DESIGN/BUILD
FIRM in conjunction with the design and construction of the Project; any and all persons working
for Contractor, Consultant, Subcontractors or Subconsultant; and any and all persons for whose
acts any of the aforestated may be liable, to the same extent DESIGN/BUILD FIRM is
responsible for the acts and omissions of persons directly employed by DESIGN/BUILD FIRM.
Nothing in this Agreement shall create any contractual relationship between CITY and
Consultant, or CITY and any Subcontractor, Subconsultant, sub-Subcontractor, sub-
Subconsultant, or any other person working either for DESIGN/BUILD FIRM or for any of the
aforestated parties in conjunction with the design and construction of the Project; including,
without limitation, any obligation on the part of CITY to pay or to see to the payment of any
monies due to any of the aforestated parties.
7.05 DESIGN/BUILD FIRM agrees to bind its Consultant, Subcontractors, and
Subconsultants to the applicable terms and conditions of this Agreement for the benefit of CITY. .
7.06 Unless otherwise provided herein, DESIGN/BUILD FIRM shall provide and pay for all
architecture, engineering, landscape architecture, land surveying services, Materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services necessary
for the proper execution and completion of the design and construction of the Project, whether
temporary or permanent, and whether or not incorporated or to be incorporated in the Project.
7.07 DESIGN/BUILD FIRM shall at all times enforce strict discipline and good order among its
employees, Consultants, Subcontractors and Subconsultants at the Project site, and shall not
RFP 2014-206-SR CITY OF MIAMI BEACH /vI;l,r=M BEACH
Due Date:4/29/2014 65
employ on the Project any unfit person or anyone not skilled in the work and/or services
assigned to him or her.
7.08 [Intentionally omitted]
7.09 DESIGN/BUILD FIRM shall keep itself fully informed of, and shall take into account and
comply with any and all Applicable Laws affecting those engaged or employed in the Project; or
the Materials used or employed in the design and construction of the Project; or in any way
affecting the conduct of the Project; including, without limitation, all such orders and decrees of
bodies or tribunals having any jurisdiction or authority over the same and of all provisions
required by law to be made a part of this Agreement, all of which provisions are hereby
incorporated by reference and made a part hereof. If any specification or contract for this Project
is in violation of any such Applicable Laws, DESIGN/BUILD FIRM shall forthwith report the
same to the Contract Administrator in writing. DESIGN/BUILD FIRM shall cause all its
employees, agents, Consultant, Subcontractors, Subconsultants, and sub-Subcontractors to
observe and comply with all Applicable Laws.
7.10 In the event of a change after the issuance of any applicable permit for the Project in any
Applicable Law which in any manner affects the Project, DESIGN/BUILD FIRM shall advise the
Contract Administrator, in writing, and the Contract Administrator may initiate a Changer Order
request to the DESIGN/BUILD FIRM and process a Change Order, the purpose of which shall
be to bring the Project into compliance with such Applicable Law, as amended or enacted.
7.11 DESIGN/BUILD FIRM shall pay all applicable sales, consumer, use and other taxes
required by law. DESIGN/BUILD FIRM is responsible for reviewing the pertinent State statutes
involving State taxes and complying with all requirements.
7.12 CITY shall have the right to inspect and copy, at CITY'S expense, the books and records
and accounts of the DESIGN BUILD/FIRM which directly relate to the Project, and to any claim
for additional compensation made by the DESIGN BUILD/FIRM, and to conduct an audit of the
financial and accounting records of the DESIGN BUILD/FIRM which relate to the Project and to
any claim for additional compensation made by the DESIGN BUILD/FIRM. DESIGN
BUILD/FIRM shall retain and make available to CITY all such books and records and accounts
or portions thereof, 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, the DESIGN BUILD/FIRM shall
provide CITY access to its books and records subject to this section upon three (3) business
day's written notice.
7.13 The DESIGN/BUILD FIRM shall perform the Work and complete the Project for the
Guaranteed Maximum Price, in accordance with the Contract Documents, and shall achieve
Substantial Completion of the Work within the Contract Time. Completion of the Work shall be
achieved no later than thirty (30) calendar days after issuance of a Certificate of Substantial
Completion, as referenced by Article 6 of the Contract.
7.14 DESIGN/BUILD FIRM shall furnish efficient business administration, coordination,
management and supervision of the Work and services required to complete the Project, and
shall cooperate with the Project Manager and the Contract Administrator, and their respective
representatives, in furthering the interests of CITY in the expeditious completion of the Project at
RFP 2014-206-SR CITY OF MIAMI BEACH
M1A.,vA, EACH
Due Date:4129/2014 66
I
the lowest cost to CITY, consistent with the requirements of the Contract Documents and
prudent and customary construction practices.
7.14.01 The DESIGN/BUILD FIRM shall perform the Work, and shall cause
Contractor and Subcontractors to perform the Work, in strict accordance with all
Applicable Laws. By signing this Agreement, the DESIGN/BUILD FIRM represents and
warrants that it is familiar with all Applicable Laws that govern the Work.
7.14.02 If DESIGN/BUILD FIRM has knowledge that the Contract Documents do
not comply with Applicable Laws, in any respect, the DESIGN/BUILD FIRM shall
promptly notify the Project Manager, in writing, and any necessary changes shall be
adjusted by appropriate revisions. If the DESIGN/BUILD FIRM performs any Work not in
accordance with Applicable Laws, and without such notice to the Project Manager, the
DESIGN/BUILD FIRM shall assume full responsibility therefore, and shall bear all costs
attributable thereto.
7.14.03 In the event that Work is deemed by competent authority not to comply
with Applicable Laws, the DESIGN/BUILD FIRM shall bring such Work into compliance
with such Applicable Laws. If an Applicable Law(s) is enacted after the issuance of an
applicable permit for the Project, and the DESIGN/BUILD FIRM had no reasonable prior
knowledge of such a change to the Applicable Law(s), such change shall be considered
an unforeseeable and unavoidable cost, and the CITY shall approve a Change Order to
bring such Work into compliance with such Applicable Law(s). New interpretations of
existing Applicable Laws shall not be considered an unforeseeable and unavoidable
cost.
7.15 The DESIGN/BUILD FIRM warrants to CITY that it has thoroughly reviewed and studied
the DCP, and has determined that it is in conformance with Applicable Laws, and is complete
and sufficiently coordinated to perform the Work for the Guaranteed Maximum Price and the
Contract Time. DESIGN/BUILD FIRM warrants to CITY that the DCP is consistent, practical,
feasible and constructible. DESIGN/BUILD FIRM further warrants to CITY that the Work
described in the DCP is constructible for the Guaranteed Maximum Price and the Contract
Time.
THE CITY DISCLAIMS ANY WARRANTY THAT THE DCP, FOR THE PROJECT IS
ACCURATE, PRACTICAL, CONSISTENT, AND /OR CONSTRUCTIBLE.
7.16 The DESIGN/BUILD FIRM accepts the Project site in its observable and/or documented
condition existing at the time of this Agreement, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Project.
By signing this Contract, the DESIGN/BUILD FIRM represents to the CITY that it has: (a) visited
the Project site to become familiar with the conditions under which the Work is to be performed;
(b) become familiar with all information provided (without warranty) by the CITY pertaining to the
Project site; and (c) correlated its observations with the information furnished by the CITY
(without warranty), and' the Contract Documents. The DESIGN/BUILD FIRM hereby waives
additional time or compensation for additional work made necessary by observable and/or
documented conditions existing at the Project site, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Project.
RFP 2014-206-SR CITY OF MIAMI BEACH
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7.17 The DESIGN/BUILD FIRM agrees specifically that no Change Orders shall be required by
the DESIGN/BUILD FIRM or considered by the City for reasons involving conflicts in the
Contract Documents; questions of clarity with regard to the Contract Documents; and
incompatibility or conflicts between the Contract Documents and the existing Project site
conditions including, without limitation, utilities and unforeseen underground conditions. The
DESIGN/BUILD FIRM acknowledges that it has ascertained all correct locations for points of
connection for all utilities required for this Project.
7.18 The DESIGN/BUILD FIRM shall, as may be required for the proper execution and
completion of the Work, secure all necessary permits and revisions thereto, fees, and licenses,
as required by Applicable Laws to complete the Project including, but not limited to, all
necessary utility connection permits and fees.
7.19 The DESIGN/BUILD FIRM shall comply with all conditions of any permits issued by
government authorities.
ARTICLE 8 THE CONTRACT PRICE (GUARANTEED MAXIMUM PRICE)
AND METHOD OF PAYMENT
8.01 The Contract Price is the Guaranteed Maximum Price agreed to by the DESIGN/BUILD
FIRM and CITY under this Contract, payable to complete the Work in accordance with the
Agreement and DCP, and, to the extent permitted by this Agreement, as may be increased or
decreased by Change Order.
8.01.01 The Contract Price for the Project, which is also the Guaranteed
Maximum Price is
8.01.02 In the event that the DESIGN/BUILD FIRM'S total approved
expenditures for the Project exceed the Guaranteed Maximum Price, the
DESIGN/BUILD FIRM shall pay such excess from its own funds. CITY shall not be
required to pay any amount that exceeds the Guaranteed Maximum Price and the
DESIGN/BUILD FIRM shall have no claim against the CITY on account thereof.
8.02 METHOD OF BILLING AND PAYMENT
8.02.01 During the Construction Documents Phase, DESIGN/BUILD FIRM may
submit a request for payment monthly based upon percentage of completion of the (final
construction) Plans and Specification. During the Construction Phase, DESIGN/BUILD
FIRM may submit a request for payment thirty (30) calendar days after beginning field
operations, subject to the second Notice-to-Proceed, and every thirty (30) calendar days
thereafter. Payment during the Construction Phase will be based upon percentage of
work completed for each item in the approved Schedule of Values. DESIGN/BUILD
FIRM's requisition for payment shall show a complete breakdown of the Project
components, and the amount due, together with such supporting evidence, as may be
required by the Contract Administrator. At a minimum, the requisition for payment shall
be accompanied by a completed certification of Work; consent of surety in the applicable
amount; list of Subcontractors that performed Work during the payment application
period being submitted; releases of liens from the Contractor for the previous period
being billed; releases of liens from Subcontractors that have performed Work during the
previous billing period unless payment for the previous period has not been received by
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i
the DESIGN/BUILD FIRM; aerials and photographs of the areas of Work for the
applicable billing period; an accepted, updated CPM Project Schedule (as approved);
and back up for all items being billed. The certification of Work will mean compliance by
DESIGN/BUILD FIRM with the approved CPM Project Schedule; that as-built drawings
of improvements are current for the prior period; and Applicable Laws are being met and
complied with. Each requisition for payment shall be submitted in triplicate to the Project
Manager for approval. Payment for Work performed will be made within thirty (30)
calendar days after receipt of a proper requisition for payment, but not more frequently
than once a month (i.e. every thirty [30] days). The Contract Administrator shall verify
completion of the various phases, as noted, and authorize payment accordingly. Should
the Project fall behind schedule as indicated in the CPM Project Schedule,
DESIGN/BUILD FIRM shall include a written plan demonstrating how the Final
Completion date shall be maintained.
8.02.01.01 The Design Build Firm is advised that the City is willing to pay for Stored
Materials when those materials are stored in a bonded warehouse or in facilities
which the City has approved and under the following terms and conditions:
a. The Design Build Firm shall prepare and submit an Affidavit for Payment of Stored Materials
fully executed with the Application for Payment to request payment for any stored material(s).
b. The Affidavit for Payment shall include'the following documents:
i. Certified Bill(s) of Sale showing that the Design Build Firm has paid for the
material(s)and has clear marketable title to the material(s).
ii. Copy of the certificate of insurance of the storage facility where the material is
stored.
iii. Itemized invoice of the material showing description, unit cost, quantity and
total value of stored material.
iv. Provide an explanation for the circumstances giving rise to the request. The
explanation shall include the anticipated installation date of the stored
material, in accordance with the approved baseline schedule.
c. If and when, the Design Build Firm requests payment of stored material, the Design Build
Firm shall revise the schedule of values, bid line item(s) into two separate components that
will indicate the costs of material and labor in lieu of a lump sum amount.
d. The Contract Administrator shall verify IN WRITING, the following, when processing a request
for Payment of Stored Material(s)submitted by the Design Build Firm:
i. Confirm that the requested quantities are in accordance with the scope of the
contract and that the material complies with the pertinent technical
specifications and the approved shop drawings.
ii. Confirm appropriateness of the price of the material. The contractor must
include an itemized invoice from the supplier as a back up to his request. The
payment for stored material shall only include the price of the uninstalled
material. The payment shall not include the portion necessary for the
installation cost, general conditions, and final installed warranty costs. The
payment shall not exceed the lump sum amount included in the lump sum bid
line item of the contract.
RFP 2014-206-SR CITY OF MIAMI BEACH ,{
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iii. Confirm that the storage facility is safe, secured and insured. The Insurance
Certificate shall include coverage for vandalism, weather damage, and theft.
iv. Physically inspect the facility and perform an inventory of the stored
material(s), prior to recommending payment. The stored material must be
packaged, protected and clearly marked as City of Miami Beach property.
Photographs and a written report of the Inspection shall be provided.
v. Review the explanation provided by the Design Build Firm and advise of
their concurrence.
e. Once payment is made, the Contract Administrator shall perform periodic inspections of the
material at the approved storage facility to ensure that all the paid stored material(s)is intact.
i. In the event the stored material is lost, damaged or unsatisfactory partial
payment could be deducted on future pay applications.
8.02.02 CITY agrees that it will pay DESIGN/BUILD FIRM within thirty (30)
calendar days of receipt of DESIGN/BUILD FIRM's proper requisition for payment, as
provided above.
8.02.03 Ten percent(10%) of all monies earned by DESIGN/BUILD FIRM shall be
retained by CITY until the Project has obtained Final Completion and been accepted by
CITY, except that upon completion of the Construction Documents Phase and approval
by CITY of the Work performed under such phase, the Contract Administrator may
release the entire amount of the retainage pertaining to the Consultant fees associated
with the Construction Documents Phase. After fifty percent (50%) of the Construction
Phase of the Project has been completed, the Contract Administrator, upon written
request of the DESIGN/BUILD FIRM and written Consent of Surety in support of said
request, may reduce the retainage to five percent (5%) of all monies earned subsequent
to the Construction Documents Phase. Any interest earned on retainage shall accrue to
the benefit of CITY.
8.02.04 Undisputed amounts remaining unpaid thirty (30) calendar days after
CITY's receipt of DESIGN/BUILD FIRM's proper requisition for payment for conforming
Work shall bear interest at the rate set forth in Section 218.74 (4), Florida Statutes. This
section shall not apply if the CITY has a right to withhold any portion of the payment
under this Agreement.
8.03 Upon receipt of written notice from DESIGN/BUILD FIRM that the Project is ready for
final inspection and acceptance, the Contract Administrator shall, within fourteen (14) calendar
days, make an inspection thereof. If the Contract Administrator finds the Project acceptable
under the Contract Documents and the Project fully performed, a Final Certificate of Payment
shall be issued by the Contract Administrator, over his/her own signature, stating that the Work
required by this Agreement has been completed and is accepted under the terms and.
conditions thereof.
8.04 Before issuance of the Final Certificate for Payment, DESIGN/BUILD FIRM shall deliver
to the Contract Administrator a complete release of all liens arising out of this Agreement, or
receipts in full in lieu thereof, and an affidavit certifying that all suppliers, Consultant,
Subcontractors, and Subconsultants have been paid in full, and that all other indebtedness
RFP 2014-206-SR CITY OF MIAMI BEACH
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Due
connected with the Project has been paid, and a consent of the surety to final payment. All as-
builts, warranties, guarantees, operational manuals, and instructions in operation must be
delivered to CITY at this time. Contractor shall submit a completed as-built drawings package
(two (2)full-size (24"x36") and two (2) half-size (11"x17"), to-scale, hard reproducible copies and
two (2) CD Rom non-compressed formatted in the latest version of AutoCAD), signed and
sealed by a land surveyor registered in the State of Florida and as approved by the CITY's
Public Works Department, and proof that all permits have been closed; which shall be delivered
prior to requesting final payment. A Certificate of Occupancy, and/or Certificate of Completion
(CC), will be obtained prior to final payment being made, if required.
8.05 CITY may withhold final payment or any progress payment to such extent as may be
necessary on account of:
8.05.01 Defective Work not remedied.
8.05.02 Claims filed or written notices of nonpayment indicating probable filing of
claims as may be prescribed by law by other parties against DESIGN/BUILD FIRM.
8.05.03 Failure of DESIGN/BUILD FIRM to make payments properly to
Consultant, Subcontractors or Subconsultants, or for material or labor.
8.05.04 Damage to another Subcontractor, Subconsultant, supplier, material
person (as provided for in F.S. 713), party, or person not remedied which are attributable
to DESIGN/BUILD FIRM, its agents, servants, employees, Contractor, Consultant,
Subconsultants, Subcontractors, sub-Subcontractors, sub-Subconsultants, material
person and suppliers.
8.05.05 Liquidated damages pursuant to Article 6 hereof.
8.05.06 As-built drawings not being in a current and acceptable state.
8.05.07 The DESIGN/BUILD FIRM warrants to' the CITY that all materials and
equipment furnished under this Agreement will be new unless otherwise specified, and
that all Work will be of good quality and in conformance with the Contract Documents. All
Work not conforming to these requirements, including substitutions not properly
approved and authorized by Contract Administrator, may be considered defective. If
required by the CITY, the DESIGN/BUILD FIRM shall furnish satisfactory evidence as to
the origin, nature and quality of materials and equipment used for the Project.
DESIGN/BUILD FIRM shall properly store and protect all construction materials.
Materials which become defective through improper storage shall be replaced with new
materials at no additional costs. The DESIGN/BUILD FIRM's warranty excludes remedy
for damage or defect caused by abuse, modifications not executed by the
DESIGN/BUILD FIRM, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage.
When the above grounds are removed or resolved, or DESIGN/BUILD FIRM provides a
surety bond or a consent of surety satisfactory to CITY which will protect CITY in the
amount withheld, payment may be made in whole or in part, as applicable.
RFP 2014-206-SR CITY OF MIAMI BEACH
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8.06 If, after the Project has been substantially completed, full completion thereof is delayed
through no fault of DESIGN/BUILD FIRM, or by issuance of Change Orders affecting final
completion, and the Contract Administrator so certifies, CITY shall, upon certification of the
Contract Administrator, and without terminating the Contract, make payment of the balance due
for that portion of the Project fully completed and accepted. Such payment shall be made as
required by law under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
8.07 The making nd acceptance of the final payment shall constitute a waiver of all claims
9 P PY
by CITY, other than those arising from faulty or defective Work, failure of the Project to comply
with requirements of the Contract Documents, or terms of any warranties required by the
Contract Documents. It shall also constitute a waiver of all claims by DESIGN/BUILD FIRM,
except those previously made in writing and identified by DESIGN/BUILD FIRM as unsettled at
the time of the final application for payment.
8.08 If the Contract Administrator, in its reasonable judgment, determines that the portion of
the Guaranteed Maximum Price then remaining unpaid will not be sufficient to complete the
Work in accordance with the Contract Documents, no additional payments will be due to the
DESIGN/BUILD FIRM hereunder unless and until the DESIGN BUILD FIRM, at its sole cost,
performs a sufficient portion of the Work so that such portion of the Guaranteed Maximum Price
then remaining unpaid is determined by the Contract Administrator to be sufficient to so
complete the Work.
8.09 DESIGN/BUILD FIRM shall remain liable for Subcontractors' Work and for any unpaid
laborers, material suppliers or Subcontractors in the event it is later discovered that said Work is
deficient or that any Subcontractors, laborers, or material suppliers did not receive payments
due to them on the Project.
8.10 The DESIGN/BUILD FIRM shall use the sums advanced to it solely for the purpose of
performance of the Work and the construction, furnishing and equipping of the Work in
accordance with the Contract Documents and payment of bills incurred by the DESIGN/BUILD
FIRM in performance of the Work.
8.11 Payment will be made to DESIGN/BUILD FIRM at:
ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
Without invalidating the Agreement and without notice to any surety, CITY reserves and shall
have the right to make such changes from time to time in the character or quantity of the Work
as may be considered necessary or desirable to complete fully and acceptably the Project in a
satisfactory manner. Any extra or additional work within the scope of this Project may be
accomplished by means of appropriate Field Orders, and/or fully executed and approved
Change Orders.
ARTICLE 10 CITY'S RESPONSIBILITIES
10.01 CITY shall assist DESIGN/BUILD FIRM by placing at its disposal any available
information pertinent to the Project including previous reports, laboratory tests and inspections
RFP 2014-206-SR CITY OF MIAMI BEACH
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"
of samples, materials and equipment; property, boundary, easement, rights-of-way, topographic
and utility surveys; property descriptions; and known zoning, deed and other land use
restrictions.
10.02 CITY shall arrange for access to and make all provisions for DESIGN/BUILD FIRM to
enter upon public property as required for DESIGN/BUILD FIRM to perform its services.
ARTICLE 11 RESOLUTION OF DISPUTES
11.01 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto that
Contract Administrator shall first decide all questions, claims, difficulties and disputes of
whatever nature which may arise relative to the Contract Documents and fulfillment of this
Agreement as to the character, quality, amount and value of any Work done and Materials
furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents,
and Contract Administrator's estimates and decisions upon all claims, questions, difficulties and
disputes shall be final and binding to the extent provided in Section 11.02. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of CITY and DESIGN/BUILD
FIRM shall be submitted to Contract Administrator, in writing, within twenty-one (21) calendar
days of the discovery of the occurrence. Unless a different period of time is set forth herein,
Contract Administrator shall notify DESIGN/BUILD FIRM in writing of the decision within twenty-
one (21) calendar days from the date of the submission of the claim, question, difficulty or
dispute, unless Contract Administrator requires additional time to gather information or allow the
parties to provide additional information. All nontechnical administrative disputes shall be
determined by the Contract Administrator pursuant to the time periods provided herein. During
the pendency of any dispute and after a determination thereof, DESIGN/BUILD FIRM and CITY
shall act in good faith to mitigate any potential damages, including utilization of construction
schedule changes and alternate means of construction.
11.02 In the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the Contract Administrator's determination must notify the
other party in writing within ten (10) calendar days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a statement that any
Contract Price or Contract Time adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the determination. Within sixty
(60) calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to avoid litigation. The
mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under State law. A party
objecting to a determination specifically waives all of its rights provided hereunder, including its
rights and remedies under State law, if said party fails to comply in strict accordance with the
requirements of this Article.
11.03 Pending final resolution of a claim, including mediation, unless otherwise agreed in
writing by the CITY, DESIGN/BUILD FIRM shall proceed diligently with performance of the
Contract and the CITY shall continue to make payments in accordance with the Contract
Documents.
11.04 Any mediator used shall be certified in accordance with State of Florida law. Mediation
will be conducted in Miami-Dade County.
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 73 �t'Iy."`',` `
ARTICLE 12 SUBCONTRACT REQUIREMENTS
12.01 [Intentionally omitted]
12.02 [Intentionally omitted]
12.03 [Intentionally omitted]
12.04 [Intentionally omitted]
12.05 All Subcontracts shall require the following:
12.05.01 That the Subcontractor's exclusive remedy for delays in the performance
of the contract caused by events beyond its control, including delays claimed to be
caused by the CITY or Consultant or attributable to the CITY or Consultant and including
claims based on breach of contract or negligence, shall be an extension of its Contract
Time.
12.05.02 In the event of a change in the Work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 7%for overhead and profit and bond costs.
12.05.03 Each subcontract shall require the Subcontractor to expressly agree that
the foregoing constitute the sole and exclusive remedies for delays and changes in the
Work and thus eliminate any other remedies for claim for increase in the Contract Price,
damages, losses, or additional compensation.
12.05.04 Each subcontract shall require that any claims by Subcontractor for delay
or additional cost must be submitted to DESIGN/BUILD FIRM within the time and in the
manner in which the DESIGN/BUILD FIRM must submit such 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.
12.05.05 Each subcontract shall include a provision stating that the subcontract is
assignable to the CITY in the event of a termination of all or part of the Contract. Said
assignment shall be at the sole option and discretion of the CITY and, if agreed to by
CITY shall be upon the same terms and conditions as the original subcontract, unless
otherwise mutually negotiated by CITY and Subcontractor.
12.05.06 The DESIGN/BUILD FIRM shall be solely responsible to the CITY for the acts
and omissions of its employees and agents and its Contractor, Consultant,
Subcontractors, Subconsultants, and their agents and employees, and all other persons
performing any of the work or services or supplying materials under a contract to the
DESIGN/BUILD FIRM.
12.05.07 The DESIGN/BUILD FIRM shall provide the Project Manager with a copy
of each subcontract, including the general supplementary conditions.
ARTICLE 13 [This Article left intentionally blank]
ARTICLE 14 [This Article left intentionally blank]
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ARTICLE 15 SECURITY [This Article left intentionally blankl
ARTICLE 16 INSPECTION OF PROJECT
16.01 The CITY, Contract Administrator, and their authorized representatives, shall have
access to the Project at all times and DESIGN/BUILD FIRM shall provide proper facilities for
such access. Such access shall be in accordance with the reasonable rules of the
DESIGN/BUILD FIRM.
16.01.01 Should the Contract Documents, any Applicable Laws, or any public
authority require any Work for the Project to be specially tested or approved,
DESIGN/BUILD FIRM shall give to the Contract Administrator timely notice of readiness
of the Work for inspection. If the testing or approval is to be made by an authority other
than CITY, timely notice shall be given of the date fixed for such testing. Inspections
shall be made promptly, and, where practicable, at the source of supply. Within a
reasonable time from execution of this Agreement, CITY shall provide DESIGN/BUILD
FIRM with a letter (or e-mail) listing the areas of Work the CITY will inspect. If defined
Work for the Project should be covered up without required inspection/approval, it must,
if required by the Contract Administrator, be uncovered for examination, and properly
restored at DESIGN/BUILD FIRM's expense.
16.01.02 Re-examination and retesting of any Work may be ordered by the
Contract Administrator and, if so ordered, such Work must be uncovered by
DESIGN/BUILD FIRM. If such Work is found to be in accordance with the Contract
Documents, CITY shall pay the cost of re-examination, re-testing and replacement. If
such Work is not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall pay such cost.
16.02 The payment of any compensation, regardless of its character or form, or the giving of
any gratuity or the granting of any valuable favor by DESIGN/BUILD FIRM to any inspector is
forbidden, and any such act on the part of DESIGN/BUILD FIRM will constitute a breach of this
Agreement.
ARTICLE 17 SUPERINTENDENCE AND SUPERVISION
17.01 The orders of the CITY are to be given through the Project Manager, whose instructions
are to be strictly and promptly followed in every case, provided that they are in accordance with
this Contract and the other Contract Documents. Construction Manager shall keep on the
Project during its progress, a full-time, competent, English speaking supervisor who shall serve
as the superintendent, and any necessary assistants, all satisfactory to the Project Manager.
17.02 Construction Manager or Contractor's superintendent shall prepare, on a daily basis,
and keep on the Project site, a bound log setting forth at a minimum, for each day: the weather
conditions and how any weather conditions affected progress of the Work; time of
commencement of Work for the day; the Work performed; materials, labor, personnel,
equipment and Subcontractors utilized for the Work; any idle equipment and reasons for
idleness; visitors to the Project site; any special or unusual conditions or occurrences
encountered; any materials delivered to the Project site; and the time of termination of Work for
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the day. The daily bound log shall be available for inspection by the CITY, or its authorized
designee, at all times during the Project, without previous notice.
17.03 If DESIGN/BUILD FIRM, in the course of the Project, finds any discrepancy between the
Contract Documents and the physical conditions of the site, or any errors or omissions in the
Contract Documents including, but not limited to, the Plans and Specifications, it shall be
DESIGN/BUILD FIRM's sole obligation and duty to immediately inform the Contract
Administrator, in writing, and the Contract Administrator will promptly verify same. Any Work
done prior to or after such discovery will be done at DESIGN/BUILD FIRM's sole risk.
NOTWITHSTANDING THE PRECEDING, OR ANY OTHER TERM OR CONDITIONOF
THISAGREEMENT, DESIGN/BUILD FIRM HEREBY ACKNOWLEDGES AND AGREES THAT
THIS IS A DESIGN/BUILD PROJECT AND, ACCORDINGLY, ANY ERRORS OR OMISSIONS
SHALL BE CORRECTED AT THE SOLE COST AND EXPENSE OF DESIGN BUILD/FIRM
AND WITHOUT A CLAIM FOR ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT
PRICE.
17.04 DESIGN/BUILD FIRM shall coordinate, supervise and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to perform and complete the Project in accordance with the Contract Documents.
DESIGN/BUILD FIRM shall be solely responsible for the design, preparation of Construction
Documents, means, methods, techniques, safety, sequences and procedures of construction.
DESIGN/BUILD FIRM shall give efficient supervision to the Work, using DESIGN/BUILD FIRM's
best skill, attention, and judgment.
ARTICLE 18 CITY'S RIGHT TO TERMINATE AGREEMENT
18.01 If DESIGN/BUILD FIRM fails to begin the design and construction of the Project within
the time specified; or fails to perform the Project with sufficient workers and equipment or with
sufficient materials to insure the prompt completion of the Project, in accordance with the
Contract Documents and schedules; or shall perform the Work unsuitably, or cause it to be
rejected as defective and unsuitable; or shall discontinue the prosecution of the Project, except
for excused delays in accordance with this Agreement; or if DESIGN/BUILD FIRM shall become
insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make
an assignment for the benefit of creditors; or shall not carry on the Project in accordance with
the Contract Documents, then the CITY shall give notice, in writing, to DESIGN/BUILD FIRM
and its surety of such delay, neglect or default, specifying the same. If DESIGN/BUILD FIRM,
within a period of ten (10) calendar days after such notice, shall not proceed in accordance
therewith, then CITY may, upon written notice from the Contract Administrator of the fact of
such delay, neglect or default and DESIGN/BUILD FIRM's failure to comply with such notice,
terminate the services of DESIGN/BUILD FIRM, exclude DESIGN/BUILD FIRM from the Project
site, and take the prosecution of the Project out of the hands of DESIGN/BUILD FIRM, as
appropriate, or use any or all materials and equipment on the Project site as may be suitable
and acceptable, in the City's reasonable discretion. In such case, DESIGN/BUILD FIRM shall
not be entitled to receive any further payment until the Project is finished. In addition, CITY may
enter into an agreement for the completion of the Project according to the terms and provisions
of the Contract Documents, or use such other methods as in.its opinion shall be required for the
completion of the Project in an acceptable manner. All damages, costs and charges incurred by
CITY shall be deducted from any monies due or which may become due to said DESIGN/BUILD
FIRM. Actions will be instituted to recover on the posted bonds. In case the damages and
expense so incurred by CITY shall be less than the sum which would have been payable under
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this Agreement, if it had been completed by said DESIGN/BUILD FIRM, then DESIGN/BUILD
FIRM shall be entitled to receive the difference. If such damages and costs exceed the unpaid
balance, then DESIGN/BUILD FIRM shall be liable and shall pay to CITY the amount of said
excess.
18.02 If, after Notice of Termination of DESIGN/BUILD FIRM's right to proceed, it is
determined for any reason that DESIGN/BUILD FIRM was not in default, the rights and
obligations of CITY and DESIGN/BUILD FIRM shall be the same as if the notice of termination
had been issued pursuant to the Termination for Convenience clause, as set forth in Section
18.03 below.
18.03 Notwithstanding any other provision in this Agreement, the performance of work under
this Agreement may be terminated in writing by CITY, for convenience and without cause, upon
ten (10) business days from the date of DESIGN/BUILD FIRM'S receipt of the written notice to
DESIGN/BUILD FIRM of intent to terminate and the date on which such termination becomes
effective. In such case, DESIGN/BUILD FIRM shall be paid for all work and reimbursables
executed, and expenses incurred, such as materials stored, cost of severance of
leases/contracts directly associated with the Project, and demobilization prior to termination.
PAYMENT ' SHALL INCLUDE REASONABLE PROFIT FOR SERVICES ACTUALLY
PERFORMED IN FULL PRIOR TO TERMINATION DATE, BUT SHALL EXCLUDE ALL LOST
PROFITS, INDIRECT CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
18.04 Upon receipt of Notice of Termination pursuant to Sections 18.01 or 18.03 above,
DESIGN/BUILD FIRM shall, at its sole cost and expense and as a condition precedent to any
further payment obligation by the CITY, promptly discontinue all affected work, unless the
Notice of Termination directs otherwise, and deliver to CITY within seven (7) calendar days of
termination, all data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents, whether completed or in
process. Compensation shall be withheld until all documents are provided to CITY pursuant to
this Article.
ARTICLE 19 DESIGN/BUILD FIRM'S RIGHT TO STOP WORK
OR TERMINATE CONTRACT
19.01 If the Project should be stopped under an order of any court or other public authority for a
period of more than ninety (90) calendar days, through no act or fault of DESIGN/BUILD FIRM
or of anyone employed by DESIGN/BUILD FIRM; or if the Contract Administrator should fail to
review and approve or state in writing reasons for non-approval of any requisition for payment
within twenty (20) business days after it is presented; or if CITY fails to pay DESIGN/BUILD
FIRM within thirty (30) calendar days after submittal of a proper requisition for payment, as
approved by the Project Manager or Contract Administrator (as applicable), then
DESIGN/BUILD FIRM may give written notice to CITY, through Contract Administrator, of such
delay, neglect, or default, specifying the same. If CITY, within a period of ten (10) business days
after such written notice, shall not remedy the delay, neglect, or default upon which notice is
based, then DESIGN/BUILD FIRM may stop work until payment is made, or terminate this
Agreement and recover from CITY payment for all Work executed and reasonable expense
sustained, But excluding any claim for payments for lost profits, indirect, special, consequential,
or other damages.
ARTICLE 20 "OR EQUAL" CLAUSE
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20.01 Whenever a material, article or piece of equipment is identified in the Contract
Documents, including without limitation, in the Plans and Specifications, by reference to
manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, it is intended
merely to establish a standard and, unless it is followed by words indicating that "no substitution
is permitted," any material, article, or equipment of other manufacturers and vendors which will
perform or serve the requirements of the general design will be considered equally acceptable
provided the material, article or equipment so proposed is, in the opinion of the Contract
Administrator:
20.01.01 At least equal in quality, durability, appearance, strength and design;
20.01.02 Performs at least equally the function imposed in the general design for
the Project;
20.01.03 Conforms substantially, even with deviations, to the detailed requirements
for the items as indicated by the Plans and Specifications; and
20.01.04 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
shop drawing and/or Change Order which shall be attached to a detailed description of
the specified item and a detailed description of the proposed substitution. A comparison
letter itemizing all deviations from specified items must be included for the Contract
Administrator to properly evaluate substitution. Failure to provide the deviation
comparison sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate substituted
equipment under this paragraph shall be at the expense of DESIGN/BUILD FIRM.
20.02 Contract Administrator's written consent will be required as to acceptability, and no
substitute will be ordered, installed or utilized without Contract Administrator's prior written
acceptance, which will be evidenced by either a Change Order or an accepted shop drawing.
CITY may require DESIGN/BUILD FIRM to furnish, at DESIGN/BUILD FIRM'S expense, a
special performance guarantee or other surety with respect to any substitute.
ARTICLE 21 PLANS AND SPECIFICATIONS
21.01 CITY, through its Contract Administrator, shall have the right to require DESIGN/BUILD
FIRM to modify the details of the Plans and Specifications, to supplement same with additional
plans, drawings, specifications, or additional information as the Project proceeds which are
within the specific intent and stated scope of the Project and which do not cause increase in
Contract Price or Contract Time, all of which shall be considered as part of the Contract
Documents, at no additional cost to the CITY. All plans, general and detail, are to be deemed a
part of this Agreement, and the Plans and Specifications and other Contract Documents are to
be considered together, and are intended to be mutually complementary, so that any work
shown on the Plans, though not specified in the Specifications, and any work specified in the
Specifications though not shown on the Plans, is to be executed by DESIGN/BUILD FIRM as
part of the Contract Documents. All things which, in the opinion of the Contract Administrator,
may reasonably be inferred from the Contract Documents, including, but not limited to, the
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Plans and Specifications, are to be executed by DESIGN/BUILD FIRM under the terms of the
Contract Documents; and the Contract Administrator shall determine whether said Plans and
Specifications conform to the Contract Documents. In the event the work requested under this
Article expands the scope of the Project, DESIGN/BUILD FIRM may seek a Change Order
pursuant to Article 37.
ARTICLE 22 DESIGN/BUILD FIRM TO CHECK DRAWINGS AND DATA
22.01 DESIGN/BUILD FIRM shall take measurements and verify all dimensions, conditions,
quantities and details shown on the Plans and Specifications including, but not limited to, the
drawings, schedules, or other data. Failure to discover or correct errors, conflicts or
discrepancies shall not relieve DESIGN/BUILD FIRM of full responsibility for unsatisfactory
work, faulty construction, or improper operation resulting therefrom, nor from rectifying such
condition at DESIGN/BUILD FIRM'S own expense. DESIGN/BUILD FIRM will not be allowed to
take advantage of any error or omissions.
ARTICLE 23 WARRANTY
23.01 DESIGN/BUILD FIRM warrants to CITY that all Materials and equipment furnished for the
Project will be new unless otherwise specified and that all Work for the Project will be of good
quality, free from faults and defects and in conformance with the Contract Documents. The
standard of quality shall be at least that employed by similarly qualified design/build firms that
are duly qualified and licensed to perform similar projects. All Work for the Project not
conforming to these requirements, including substitutions not properly approved and authorized,
may be considered defective. If Materials or equipment are improperly stored and become
altered as a result of such improper storage, DESIGN/BUILD FIRM shall replace said Materials
and/or equipment with new ones at no additional cost. DESIGN/BUILD FIRM shall be
responsible for proper storage and safeguarding of all Materials and equipment. If required by
the Contract Administrator, DESIGN/BUILD FIRM shall furnish satisfactory evidence as to the
kind and quality of Materials and equipment. The warranty requirements set forth in the Contract
Documents as herein defined shall govern warranty terms and conditions for all warranty items
expressed or implied. The DESIGN/BUILD FIRM'S warranty period under this Article shall be
one (1) year from the date of Substantial Completion of the Project. However, this section shall
not abridge the times or impede the rights and remedies afforded the CITY against other entities
or persons under the Contract Documents, or by law.
ARTICLE 24 SUPPLEMENTARY DRAWINGS
24.01 When, in the opinion of DESIGN/BUILD FIRM and/or CITY, it becomes necessary to
explain more fully the Work to be done, or to illustrate the Project further to show any changes
which may be required, supplementary drawings, with specifications pertaining thereto, will be
prepared by the Consultant and submitted by DESIGN/BUILD FIRM to the Contract
Administrator for review and written acceptance.
24.02 The authorized supplementary drawings shall be binding upon DESIGN/BUILD FIRM
with the same force as the Contract Documents. Where such supplementary drawings require
either less or more than the estimated quantities of work, appropriate adjustments shall be
made pursuant to Change Order.
ARTICLE 25 [This Article left intentionally blankl
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ARTICLE 26 GENERAL WORKMANSHIP
26.01 Articles, materials, and equipment specified or shown on drawings shall be new and
shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper
forming, as per the manufacturer's directions. DESIGN/BUILD FIRM shall, if required, furnish
satisfactory evidence as to kind and quality of the materials. Should materials arrive to the
jobsite new and be improperly stored and deteriorate from new condition, the materials shall be
replaced at no additional cost to CITY.
26.02 DESIGN/BUILD FIRM shall apply, install, connect, and erect manufactured items or
materials according to recommendations of manufacturer when such recommendations are not
in conflict with the Contract Documents. If there is conflict between manufacturer
recommendations and the Contract Documents, Contract Administrator shall be notified and
shall approve, in writing, any corrective actions prior to implementation of same.
ARTICLE 27 DEFECTIVE WORK
27.01 Contract Administrator shall have the authority to reject or disapprove Work for the
Project which Contract Administrator finds to be defective. Defective work is defined as Work
not in accordance with the Contract Documents; not in conformance with Applicable Laws;
installed in violation of the manufacturer's written instructions where the installation has caused
new materials to be detrimentally affected; where the life expectancy of the material installed is
reduced; or otherwise installed in a non-workmanlike manner. If required by Contract
Administrator, DESIGN/BUILD FIRM shall promptly either (as directed) correct all defective
work or remove it from the Project site, and replace it with non-defective work. DESIGN/BUILD
FIRM shall bear all costs of such removal or correction.
27.02 If, within one (1) year after Substantial.Completion, any Work is found to be defective or
not in accordance with the Contract Documents, DESIGN/BUILD FIRM shall correct it promptly
without cost to CITY, after receipt of written notice from CITY to do so, unless CITY has given
DESIGN/BUILD FIRM a written acceptance of such conditions. Nothing contained herein shall
be construed to establish a period of limitation with respect to any other obligation which
DESIGN/BUILD FIRM might have under Applicable Laws.
27.03 Should DESIGN/BUILD FIRM fail or refuse to remove or correct any defective work
performed for the Project, or to make any necessary repairs in an acceptable manner and in
accordance with the requirements of this Agreement within a reasonable time, indicated in
writing, CITY shall have the authority to cause the unacceptable or defective work to be
removed or corrected, or make such repairs as may be necessary, to be made at
DESIGN/BUILD FIRM'S expense. Any expense incurred by CITY in making these removals,
corrections or repairs, which DESIGN/BUILD FIRM has failed or refused to make shall be paid
for out of any monies due or which may become due to DESIGN/BUILD FIRM, or may be
charged against the bond (or other guaranty if applicable). Continued failure or refusal on the
part of DESIGN/BUILD FIRM to make any or all necessary repairs promptly, fully, and in
acceptable manner shall be sufficient cause for CITY to declare this Agreement terminated, in
which case CITY, at its option, may purchase Materials, tools, and equipment, and employ
labor, or may contract with any other individual, firm or corporation, or may proceed with its own
forces, to perform the work. All costs and expenses incurred thereby shall be charged against
the defaulting DESIGN/BUILD FIRM, and the amount thereof deducted from any monies due, or
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which may become due, to DESIGN/BUILD FIRM, or shall be charged against the bond (or
other guaranty). Any special work performed, as described herein, shall not relieve
DESIGN/BUILD FIRM in any way from its responsibility for the work performed by it.
27.04 Failure to reject any defective work or Materials shall not in any way prevent later
rejection when such defect is discovered, or obligate CITY to final acceptance.
ARTICLE 28 SUBCONTRACTS
28.01 DESIGN/BUILD FIRM shall, at such times as DESIGN/BUILD FIRM decides which
Subcontractors will perform the various portions of the Work, promptly notify the Contract
Administrator, in writing, of the names of Subcontractors for the Project, and identify the portion
of the Work for the Project each will perform. DESIGN/BUILD FIRM shall have a continuing
obligation to notify the Contract Administrator of any change in Subcontractors. Notification of
the names of Subcontractors shall not relieve DESIGN/BUILD FIRM from the primary
responsibility, without limitation, of full and complete satisfactory performance of all contractual
obligations.
ARTICLE 29 SEPARATE CONTRACTS
29.01 CITY reserves the right to let other contracts in connection with this Project, provided it
does not interfere with DESIGN/BUILD FIRM'S Work or schedule. DESIGN/BUILD FIRM shall
afford other contractors reasonable opportunity for. the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate its Work
with theirs subject to provision of acceptable insurance coverage, including DESIGN/BUILD
FIRM as an additional insured. CITY will request that its separate contractors coordinate their
activities with the Work of the DESIGN/BUILD FIRM.
29.02 If any part of DESIGN/BUILD FIRM'S Work depends for.proper execution or results upon
the work of any other contractor or the CITY, DESIGN/BUILD FIRM shall inspect and promptly
report to the Contract Administrator any defects in such work that render it unsuitable for such
proper execution and results. DESIGN/BUILD FIRM'S failure to so inspect and report shall
constitute an acceptance of the other contractor's work as fit and proper for the reception of
DESIGN/BUILD FIRM'S Work, except as to defects which may develop in other contractor's
work after the execution of DESIGN/BUILD FIRM'S Work. However, DESIGN/BUILD FIRM shall
not be responsible or liable to CITY for any work performed by any other separate contractor not
under the auspices or control of DESIGN/BUILD FIRM.
29.03 To insure the proper execution of its subsequent Work, DESIGN/BUILD FIRM shall
inspect the work already in place and shall at once report to the Contract Administrator any
discrepancy between the executed work and the requirements of the Contract Documents.
ARTICLE 30 CITY'S OPTION FOR USE OF COMPLETED PORTIONS
30.01 In the event of Substantial Completion of a portion of the Project, which determination
and option shall be solely and exclusively within the CITY's authority and discretion
whether to allow and accept Substantial Completion of a portion or portions of the
Project (versus requiring Substantial Completion of the entire Project at one time), CITY
shall have the right to take possession of, for maintenance and/or for use, of any such
completed or partially completed portion(s) of the Project. However, prior to any possession, a
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punch list will be issued for the area to be occupied. Such possession and use shall not be
deemed an acceptance of any Work not completed in accordance with the Contract Documents.
If such possession or use delays the Project, DESIGN/BUILD FIRM may be entitled to a
reasonable extension of time as determined by Contract Administrator.
30.02 In the event CITY takes possession, the following shall occur:
30.02.01 CITY shall give notice to DESIGN/BUILD FIRM at least thirty (30)
calendar days in advance on intent to occupy a designated area.
30.02.02 DESIGN/BUILD FIRM shall bring the designated area to point of
Substantial Completion. When DESIGN/BUILD FIRM considers that the designated
area of the Project is substantially complete, DESIGN/BUILD FIRM shall so notify the
Contract Administrator, in writing, and shall prepare for submission to the Contract
Administrator a list of items to be completed or corrected. The failure to include any
items on such list does not alter the responsibility of DESIGN/BUILD FIRM to complete
work on the designated area in accordance with the Contract Documents. The Contract
Administrator shall conduct an inspection to determine that the designated portion of the
Project is substantially complete. The Contract Administrator will then instruct
DESIGN/BUILD FIRM to deliver to CITY a Certificate of Occupancy(CO) pertinent to the
designated portion, which CO shall be issued by the appropriate authority having
jurisdiction over the Project. The Contract Administrator and DESIGN/BUILD FIRM shall
agree on the time within which DESIGN/BUILD FIRM shall complete the items listed.
30.02.03 Upon issuance and acceptance of Certificate of Substantial Completion,
CITY will assume full responsibility for maintenance, utilities, subsequent damages of
CITY and public, adjustment of insurance coverage's and start of warranty for occupied
area. DESIGN/BUILD FIRM shall remain responsible for all items listed to be completed
or corrected as submitted to Contract Administrator as required in Substantial
Completion process.
30.02.04 If CITY finds it necessary to occupy or use a portion or portions of the
Project prior to Substantial Completion thereof, such occupancy or use shall not
commence prior to a time mutually agreed upon by CITY and DESIGN/BUILD FIRM and
to which the insurance company or companies providing the property insurance have
consented by endorsement to the policy or policies. This insurance shall not be canceled
or lapsed on account of such partial occupancy or use. Consent of DESIGN/BUILD
FIRM and of the insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
ARTICLE 31 CONSTRUCTION AREA
31.01 DESIGN/BUILD FIRM shall use areas approved by the Contract Administrator for
deliveries and personnel. Contract limits of construction area are indicated on the concept
drawings as issued by the Contract Administrator. Equipment, materials, and personnel shall be
in conformance with this Contract.
31.02 To provide for maximum safety and security, DESIGN/BUILD FIRM shall erect and
maintain all necessary barricades, and any other temporary walls and structures as required,
and boarding or fencing to protect life and property during the period of construction.
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ARTICLE 32 LANDS FOR WORK
32.01 CITY shall provide, as indicated in the Contract Documents, the lands upon which the
Project is to be performed, rights-of-way and easements for access thereto and such other
lands as are designated for the use of DESIGN/BUILD FIRM. No claim for damages or other
claim other than for an extension of time shall be made or asserted against CITY by reason of
any delay arising as a result of any failure of CITY to provide such lands on the date needed by
DESIGN/BUILD FIRM. The provisions of Article 40 shall apply herein.
ARTICLE 33 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
33.01 DESIGN/BUILD FIRM shall conform to all Applicable Laws with regard to labor employed,
hours of work, and DESIGN/BUILD FIRM'S general operations. DESIGN/BUILD FIRM shall also
conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic
on streets, highways, sidewalks, or other public right of ways without the written consent of the
proper authorities.
ARTICLE 34 DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES
34.01 Existing utilities have been shown in the Contract Documents insofar as information is
reasonably available; however, it will be DESIGN/BUILD FIRM'S sole responsibility to verify
such information and to preserve all existing utilities, whether shown in the Contract Documents
or not. If utility conflicts are encountered by DESIGN/BUILD FIRM during construction,
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, to avoid utility
conflicts, and/or provide sufficient notice to the owners of the utilities, and it shall be the sole
responsibility of the DESIGN/BUILD FIRM to resolve any conflicts and make all necessary
adjustments, at no-additional cost to the CITY.
34.02 DESIGN/BUILD FIRM shall exercise care and take all precautions during excavation and
construction operations to prevent damage to any existing facilities, equipment, or utilities. Any
damage caused by DESIGN/BUILD FIRM shall be reported immediately to the Contract
Administrator, and such work shall be repaired and/or replaced by DESIGN/BUILD FIRM in a
manner approved by CITY. All costs to repair and/or replace any damage to existing facilities,
equipment, or utilities shall be the sole responsibility of DESIGN/BUILD FIRM, and such repair
or replacement shall be performed expeditiously without cost to CITY.
34.03 DESIGN/BUILD FIRM shall provide that type of required protection for finished Work at
all times and protect adjacent Work during cleaning operations, and make good any damage
resulting from neglect of this precaution.'
34.04 Protection of Work shall include protecting of Work that is factory finished, during
transportation, storage, during and after installation. Where applicable, and as required,
DESIGN/BUILD FIRM shall close off spaces of areas where certain Work has been completed
to protect it from any damages caused by others during their operations.
34.05 DESIGN/BUILD FIRM shall store Materials, and shall be responsible for and shall
maintain partly or wholly finished Work during the continuance of the Contract and until the final
acceptance of the Project. If any materials or part of the work should be lost, damaged, or
destroyed by any cause or means whatsoever, the DESIGN/BUILD FIRM shall satisfactorily
RFP 2014-206-SR CITY OF MIAMI BEACH
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repair and replace the same at DESIGN/BUILD FIRM'S own cost. The DESIGN/BUILD FIRM
shall maintain suitable and sufficient guards, if necessary, and barriers, and at night, suitable
and sufficient lighting for the prevention of accidents.
34.06 To all applicable sections where preparatory work is part of Work thereon,
DESIGN/BUILD FIRM shall carefully examine surfaces over which finished work is to be
installed, laid or applied, before commencing with the work. DESIGN/BUILD FIRM shall not
proceed with said work until defective surfaces on which work is to be applied are corrected to
the satisfaction of the Contract Administrator. Commencement of work shall be considered
acceptance of surfaces and conditions.
34.07 It will be the DESIGN/BUILD FIRM'S responsibility to preserve all existing utilities within
the Project limits or as otherwise affected by DESIGN/BUILD FIRM. If utility conflicts are
encountered by the DESIGN/BUILD FIRM during construction, it is anticipated that
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, so as to avoid
utility conflicts, and/or provide sufficient notice to their owners and compensate owners of the
utilities from its funds so that they may make the necessary adjustments. Damage to any
utilities, which in the sole reasonable opinion of the CITY is caused by negligence on the part of
the DESIGN/BUILD FIRM, shall be repaired at the DESIGN/BUILD FIRM'S expense.
ARTICLE 35 CONTINUING THE WORK
35.01 DESIGN/BUILD FIRM shall carry on the Project and adhere to the CPM Project 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. No
work shall be delayed or postponed pending resolution of any disputes or disagreements. The
provisions of this Article shall be subject to all other applicable provisions of this Agreement.
ARTICLE 36 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
36.01 The Contract Administrator shall have the right to approve and issue Field Orders setting
forth written interpretations of the intent of the Contract Documents to Construction Manager
and ordering minor changes in contract execution, providing the Field Order involves no change
in the Contract Price or the Contract Time.
36.02 The Contract Administrator shall have the right to approve and issue to DESIGN/BUILD
FIRM supplemental instructions setting forth the written orders, instructions, or interpretations
concerning the Contract Documents or performance therein, provided they make no major
changes in Contract execution and involve no change in the Contract Price or the Contract
Time.
ARTICLE 37 CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
37.01 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.
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37.02 Changes to the terms of the Contract Documents must be contained in a written
document, 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.
37.03 The actual cost of the Payment and Performance Bond as a result of accepted changes
in the Work shall be added to or deducted from the cost of the changes in the Work.
37.04 Notification of Change of Contract Time or Contract Price
37.04.01 Any claim for a change in the Contract Time or Contract Price shall be
made by written notice delivered by DESIGN/BUILD FIRM to the Contract Administrator
within five (5) calendar days of the commencement of the event giving rise to the claim
(which may include an occurrence or omission that DESIGN/BUILD FIRM contends
delays the Work, or receipt of an order, instruction, Contract Administrator's
supplemental information, or other directive changing the Work, or any other occurrence
that DESIGN/BUILD FIRM contends causes a change in Contract Time or Contract
Price) and stating the general nature of the claim. Notice of the nature and elements of
the claim shall be delivered within twenty (20) calendar days after the date of such
written notice. Thereafter, within twenty (20) calendar days of the termination of the
event giving rise to the claim, notice of the extent of the claim with supporting data shall
be delivered, unless Contract Administrator and DESIGN/BUILD FIRM allows an
additional period of time to ascertain more accurate data in support of the claim, and
shall be accompanied by DESIGN/BUILD FIRM's written statement that the adjustment
claimed is the entire adjustment to which the DESIGN/BUILD FIRM has reason to
believe it is entitled as a result of the occurrence of said event. All claims for adjustment
in the Contract Time or Contract Price shall be determined by Project Manager and
Contract Administrator in accordance with Article 11 hereof, if Project Manager, Contract
Administrator and DESIGN/BUILD FIRM cannot otherwise agree. NO CLAIM FOR AN
ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE VALID
UNLESS IT IS SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS
OF THIS SECTION.
37.04.02 The Contract Time will be extended in an amount equal to time lost due to
delays beyond the control of and through no fault, negligence, or act or omission of
DESIGN/BUILD FIRM if a claim is made therefore as required by the Contract. Such
delays shall include, but not be limited to, acts or neglect by any separate contractor
employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather
conditions, acts of God, or acts of terrorism.
37.04.03 Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for change in Contract Time pursuant
to this Article 37. These time extensions are justified only when rain or other inclement
weather conditions or related adverse soil conditions prevent DESIGN/BUILD FIRM from
productively performing controlling items of work; identified on the accepted schedule or
updates resulting in: (1) DESIGN/BUILD FIRM being unable to work at least fifty percent
(50%) of the normal work day on controlling items of work identified on the accepted
CPM Project Schedule or updates due to adverse weather conditions; or (2)
DESIGN/BUILD FIRM must make major repairs to the Work damaged by weather,
provided the damage was not attributable to a failure or neglect by DESIGN/BUILD
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85 m ��^�I�����I� A,�
FIRM, and provided that DESIGN/BUILD FIRM was unable to work at least fifty percent
0
(50/o) of the normal work day on controlling items of work identified on the accepted
CPM Project Schedule or approved updates. No time extension will be allowed for
weekend rains unless the DESIGN/BUILD FIRM has been working weekends-on a
regular basis on exterior Work.
37.04.04 The DESIGN/BUILD FIRM agrees and acknowledges that no ground for
an extension to the Contract Time or Contract Price shall arise as a result of any
reasonably foreseeable condition at the Project site, or as a result of anything contained
in the Contract Documents.
37.05 Change Orders
37.05.01 Changes in the quantity or character of the Work within the scope of the
Project 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 be authorized only by Change Orders approved and issued by CITY to the extent
permitted under this Agreement.
37.05.02 The Project Manager, as authorized by the Contract Administrator, may
initiate a Change Order request ("Change Order Request"), setting forth in detail the
nature of the requested change. Upon receipt of a Change Order Request, the
DESIGN/BUILD FIRM shall review the Change Order Request with the Project Manager
and Contract Administrator prior to furnishing to the Project Manager a statement setting
forth in detail, with a suitable detailed breakdown in Construction Specifications Institute
(CSI) format, including a breakdown of labor and materials, the DESIGN/BUILD FIRM's
estimate of the changes in the cost of the Work and changes to any other Contract Price
elements attributable to the changes set forth in such Change Order Request, and
proposed adjustments, if any, to the Contract Time resulting.from such Change Order
Request. If the Contract Administrator accepts such DESIGN/BUILD FIRM's estimate, a
Change Order shall be processed by the CITY and delivered to the DESIGN/BUILD
FIRM for execution. Agreement on any Change Order shall constitute a final settlement
on all items affected therein, including without limitation any adjustment in the cost of the
Work, DESIGN/BUILD FIRM's, Guaranteed Maximum Price, or the Contract Time,
subject to performance thereof and payment therefore pursuant to the terms of this
Contract and such Change Order. Changes in Contract Time will only be considered by
the CITY when Contractor provides sufficient documentation delineating the daily impact
to controlling items (Critical Path) identified in the original approved CPM Project
Schedule.
37.05.03 The DESIGN/BUILD FIRM's fee on such changes shall be a percentage
of the net change to the cost of the Work resulting from the Change Order, not to exceed
ten percent(10%).
Subcontractor's percentage markup on Change Orders for overhead and profit shall be
reasonable, but in no event shall the aggregate of the Subcontractor's overhead and
profit markups exceed seven and a half percent (7.5%) of the Subcontractor's cost of the
Work. In the event Subcontractor is affiliated with the Contractor by common ownership
or management, or is effectively controlled by the Contractor, no fee will be allowed on
the Subcontractor's costs. In the event there is more than one level of Subcontractor,
RFP 2014-206-SR CITY OF MIAMI BEACH ® i v�I A`I1�l BEACH
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such as second and third tier Subcontractors, the sum of all of the Subcontractors'
percentage markups for overhead and profit shall not, in the aggregate, exceed ten
percent (10%) of the cost of the Work. Subcontractor's cost of the Work shall be
determined in accordance with Article 12, hereof.
37.05.04 Contractor shall not start work on any alteration requiring an increase in
the Contract Price or the Contract Time until a Change Order setting forth the
adjustments is approved by the CITY unless there is an immediate need to perform the
work to maintain the CPM Project Schedule. If there were such a need, the Contract
Administrator will issue direction to perform the work on the basis of a preliminary
estimate provided by the Contractor and approved by the Project Manager. Upon receipt
of a Change Order Contractor shall promptly proceed with the work set forth within the
document.
37.05.05 In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change Order has not
been issued, CITY reserves the right at its sole option to either terminate the Contract as
it applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed work; or submit the matter in dispute to Project
Manager and Contract Administrator as set forth in Article 11, hereof. During the
pendency of the dispute, and upon receipt of a Change Order, DESIGN/BUILD FIRM
shall promptly proceed with the change in the Work involved and advise the Project
Manager and Contract Administrator in writing within five (5) calendar days of
DESIGN/BUILD FIRM's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price or
Contract Time.
37.05.06 Upon approval of any Contract change increasing the Contract Price,
DESIGN/BUILD FIRM shall ensure that the Performance Bond and Payment Bond are
increased so that each reflects the total Contract Price as increased.
37.05.07 Change Orders may be issued unilaterally by CITY.
37.05.08 The DESIGN/BUILD FIRM hereby waives any claim not made with a
timely request for a Change Order.
37.05.09 Notwithstanding anything in this Article 37, or in any other term or
condition of this Agreement, DESIGN/BUILD FIRM acknowledges and agrees that
after the Guaranteed Maximum Price has been established, no Change Order shall
be approved in the case where the DESIGN/BUILD FIRM encounters a DCP
discrepancy and has failed to foresee and/or coordinate any conditions in the
Work, including conflicts between the Contract Documents, Plans and
Specifications, and the existing Project site conditions, utilities, and unforeseen
underground conditions, which will cause an increase to the Contract Price or the
Contract Time.
37.05.10 No change in the Guaranteed Maximum Price shall be allowed for delays
caused by labor disputes and strikes specific to the Project, or for other delay caused by
the DESIGN/BUILD FIRM or its Subcontractors or suppliers of any tier.
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37.05.11 The DESIGN/BUILD FIRM waives all claims for additional time or
additional compensation for Work performed without a written Change Order, unless as
stated in Subsection 37.05.04.
37.05.12 The DESIGN/BUILD FIRM agrees that, regardless of the pendency of any
claim for additional compensation or time, the DESIGN/BUILD FIRM shall continue to
execute all Work. The DESIGN/BUILD FIRM shall take all reasonable measures to
minimize the effect of the pendency of a claim.
37.05.13 Should a material discrepancy be found between the DCP and the
Contract Documents, and provided only that said discrepancy results from the regulatory
review of an agency that has regulatory authority over the permitting process, the CITY
shall issue a Change Order to the DESIGN/BUILD FIRM.
37.05.14 DESIGN/BUILD FIRM shall not include or request payment on any
Change Orders that have not been formally and fully approved and executed by the
appropriate parties.
ARTICLE 38 DIFFERING SITE CONDITIONS
38.01 Noe equitable adjustment to the Contract shall be allowed for DESIGN/BUILD FIRM and
q 1
no change to Contract Price or Contract Time, in the event that during the course of the Work
DESIGN/BUILD FIRM encounters an existing condition that was not shown on the Contract
Documents; or subsurface or concealed conditions at the Project site which differ materially
from those shown on the Contract Documents and from those ordinarily encountered and
generally recognized as inherent in work of the character called for in the Contract Documents;
or unknown physical conditions of the Project site, of an unusual nature, which differ materially
from that ordinarily encountered and generally recognized as inherent in work of the character
called for in the Contract Documents.
ARTICLE 39 This Article left intentional) blank
ARTICLE 40 NO DAMAGES FOR DELAY
i
40.01 NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF
TIME SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS.
DESIGN/BUILD FIRM 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; provided, DESIGN/BUILD FIRM hindrances or
delays are not due solely to fraud, bad faith or active interference on the part of CITY or its
agents. Unless the delay is due solely to fraud, bad faith, or active interference by the City,
DESIGN/BUILD FIRM shall be entitled only to extensions of the Contract Time as the sole and
exclusive remedy for such resulting delays, in accordance with and to the extent specifically
provided above. The specific application of this Article to other provisions of this Agreement
shall not be construed as a limitation of any sort upon the further application of this Article. Ten
Dollars ($10.00) of DESIGN/BUILD FIRM'S fee is acknowledged as separate and independent
consideration for the covenants contained in this Article.
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ARTICLE 41 SUBSTANTIAL COMPLETION
41.01 When DESIGN/BUILD FIRM considers that the Project, or a designated portion thereof,
which is acceptable to CITY (in the event CITY chooses to accept same pursuant to the sole
authority and discretion afforded to it under Article 30 hereof), is substantially complete,
DESIGN/BUILD FIRM shall so notify the Contract Administrator and Project Manager, in writing,
and shall prepare for submission to the Contract Administrator and Project Manager a thorough
list of items to be completed or corrected, together with a schedule for completion of all items.
The failure to include any items on such list does not alter the responsibility of DESIGN/BUILD
FIRM to complete all Work in accordance with the Contract Documents. The Contract
Administrator, Project Manager, and such other persons as they may deem necessary, shall
conduct a joint inspection to determine that the Project (or designated portion thereof) is
substantially complete. The Contract Administrator will then instruct DESIGN/BUILD FIRM to
prepare and deliver to the Contract Administrator a Certificate of Substantial Completion which
shall establish the date of Substantial Completion for the Project (or that portion of the Project).
After review of the certificate by the Contract Administrator, CITY shall either accept or reject
the certificate. Acceptance of Substantial Completion by CITY shall be based upon compliance
with the Contract Documents and Applicable Laws. DESIGN/BUILD FIRM shall have thirty (30)
days to complete the items listed therein. Warranties required by the Contract Documents and
submitted in appropriate form to the Contract Administrator along with the request for
Substantial Completion shall commence on the date of Substantial Completion of the Project (or
for that portion of the Project). The Certificate of Substantial Completion shall be submitted to
CITY through the Contract Administrator and DESIGN/BUILD FIRM for their written acceptance
of the responsibilities assigned to them in such Certificate.
ARTICLE 42 SHOP DRAWINGS AND SCHEDULE OF VALUES
42.01 DESIGN/BUILD FIRM shall submit Shop Drawings for all equipment, apparatus,
machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose
of a Shop Drawing 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.
42.02 DESIGN/BUILD FIRM shall submit to the Contract Administrator, within thirty (30)
calendar days following the application for a building permit, a complete list of preliminary data
on items for which Shop Drawings are to be submitted. Approval of this list by the Contract
Administrator, which approval shall be in writing, shall in no way relieve DESIGN/BUILD FIRM
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.
42.03 After the approval of the list of items required in Subsection 42.02, DESIGN/BUILD
FIRM shall promptly request Shop Drawings from the various manufacturers, fabricators, and
suppliers.
42.04 DESIGN/BUILD FIRM shall thoroughly review and check the Shop Drawings and each
and every copy shall show DESIGN/BUILD FIRM'S approval thereon.
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42.05 If the Shop Drawings show or indicate departures from the Contract requirements,
DESIGN/BUILD FIRM shall make specific mention thereof in its shop drawing submittal and a
separate letter. Failure to point out such departures shall not relieve DESIGN/BUILD FIRM from
its responsibility to comply with the Contract Documents. Contract Administrator shall
determine acceptability of change and, in considering said change, may require data, technical
comparisons, cost comparisons, quality comparisons and/or calculations to determine the
equality of deviations. Contract Administrator is not obligated to accept deviations.
42.06 No work called for by Shop Drawings shall be done until the said Drawings have been
furnished to and accepted, in writing, by the Contract Administrator. Contract Administrator shall
respond to Shop Drawings pre-approved by Consultant with objections or acceptance within ten
(10) business days of receipt. Acceptance is for design intent only and shall not relieve
DESIGN/BUILD FIRM and Consultant from responsibility for fit, form, function, quantity or for
errors or omissions of any sort on the Shop Drawings.
42.07 No acceptance will be given to partial submittal of Shop Drawings for items which
interconnect and/or are interdependent. It is DESIGN/BUILD FIRM'S responsibility to assemble
the Shop Drawings for all such interconnecting and/or independent items, check them, and then
make one (1) submittal to the Contract Administrator, along with DESIGN/BUILD FIRM'S
comments as to compliance, noncompliance, or features requiring special attention.
42.08 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. Catalog sheet with multiple options shall be highlighted to depict specific
pertinent data including options.
42.09 DESIGN/BUILD FIRM shall submit to Contract Administrator eight (8) copies. Re-
submissions of Shop Drawings shall be made in the same quantity until final acceptance is
obtained.
42.10 Contract Administrator's acceptance of the Shop Drawings, as approved by
DESIGN/BUILD FIRM, will be for general compliance with the Plans and Specifications, and
shall not relieve DESIGN/BUILD FIRM of responsibility for the accuracy of such Drawings, nor
for the proper fittings and construction of the Work, nor for the furnishing of the Materials or
Work required by the Contract and not indicated on the Drawings.
42.11 DESIGN/BUILD FIRM shall keep one (1) set of Shop Drawings, marked with the
Contract Administrator's acceptance, at the Project site at all times.
42.12 The DESIGN/BUILD FIRM shall submit a Schedule of Values to the Contract
Administrator as specified in the Technical Specifications. DESIGN/BUILD FIRM shall submit to
the Contract Administrator a separate Schedule of Values for demolition, abatement, and site
work thirty (30) calendar days prior to commencing such portion of the Work. The schedule will
be typed on 8-1/2" x 11"white paper listing: title of Project, location, Project number, Consultant,
Contractor, Contract designation, and date of submission. The schedule shall list the installed
value of the component parts of the work in sufficient detail to serve as a basis for computing
values for progress payments during the construction. The table of contents of the specifications
shall establish the format for listing the component items. Each line item will be identified by the
number and title of the respective major section of the specifications. For each line line item,
DESIGN/BUILD FIRM shall list the sub-values of major products or operations under the item.
RFP 2014-206-SR CITY OF MIAMI BEACH ID ^f; x!sl BEACH
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Each item shall include the proportion of DESIGN/BUILD FIRM'S overhead and profit. For any
items for which progress payments will be requested for stored materials, the value will be
broken down with:
42.12.01 The cost of materials delivered, unloaded, properly stored and
safeguarded, with taxes paid; and
42.12.02 The total installed value.
ARTICLE 43 FIELD ENGINEERING
43.01 The DESIGN/BUILD FIRM shall provide and pay for field engineering services required
for the Project. This work shall include the following elements:
43.01.01 Survey work required in execution of the Project.
43.01.02 Civil, structural or other professional engineering, architectural, landscape
architectural, or land surveying services specified, or required to execute the
DESIGN/BUILD FIRM'S construction methods.
43.02 The survey completed by DESIGN/BUILD FIRM will identify the qualified engineer or
registered land surveyor, acceptable to the CITY, and he or she shall be retained by the
DESIGN/BUILD FIRM at the outset of this Project.
43.03 The survey will locate and protect control points prior to starting site work, and will
preserve all permanent reference points during construction.
43.03.01 No changes or relocations will be made without prior written notice to the
Contract Administrator.
43.03.02 A written report shall be made to the Contract Administrator when any
reference point is lost or destroyed, or requires relocation because of necessary
changes in grades or locations.
43.03.03 The surveyor shall be required to replace Project control points which
may be lost or destroyed. The surveyor shall be duly registered as a surveyor or
mapper, as required by state law.
43.03.04 Replacements shall be established based upon original survey control.
ARTICLE 44 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
44.01 The entire responsibility for establishing and maintaining a line and grade in the field lies
with DESIGN/BUILD FIRM. DESIGN/BUILD FIRM shall maintain an accurate and precise
horizontal and vertical record of the existing building conditions; final building conditions; and all
pipe lines, conduits, structures, underground utility access portals, handholes, fittings, etc.
encountered or installed during construction. DESIGN/BUILD FIRM shall deliver these records
in good order to the Contract Administrator as the work is completed. These records shall serve
as a basis for"as-built" drawings. The cost of all such field layout and recording work is included
in the Contract Price.
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44.02 DESIGN/BUILD FIRM shall maintain in a safe place at the site, one (1) record copy of
the Plans and Specifications, addenda, written amendments, Change 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, will be available to Contract Administrator for reference. Upon
completion of the Project, these record documents, samples and Shop Drawings shall be
delivered to Contract Administrator.
44.03 At the completion of the Project, the DESIGN/BUILD FIRM shall turn over to the CITY a
set of reproducible drawings (Mylars) and a complete set of all drawings in the latest version of
AutoCAD on Compact Disk, not compressed, which accurately reflect the "as-built" conditions of
the new facilities. All changes made to the Construction Documents, either as clarifications or as
changes, will be reflected in the plans. The changes shall be submitted on Mylar at least
monthly to the Contract Administrator. These "as-built" drawings on Mylar and the latest version
of the AutoCAD format media must be delivered and found to be acceptable prior to final
payments.
ARTICLE 45 SAFETY AND PROTECTION
45.01 DESIGN/BUILD FIRM shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project. DESIGN/BUILD FIRM shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
45.01.01 All employees on the Project and other persons who may be affected
thereby;
45.01.02 All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
45.01.03 Other property at the 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.
45.02 DESIGN/BUILD FIRM 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. DESIGN/BUILD FIRM shall notify owners
of adjacent property and utilities when prosecution of the work may affect them. All damage,
injury or loss to any property referred to in Sections 45.01.02 and 45.01.03 above, caused
directly or indirectly, in whole or in part, by DESIGN/BUILD FIRM, any Subcontractor or
Consultant, or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, shall be remedied by DESIGN/BUILD FIRM; however,
DESIGN/BUILD FIRM shall not be liable for injury or damage caused by the gross negligence or
willful misconduct of the CITY, its employees, consultants or its separate contractors.
DESIGN/BUILD FIRM'S duties and responsibilities for the safety and protection of the Project
shall continue until such time as all the Project is completed and the Contract Administrator has
issued a notice to DESIGN/BUILD FIRM that the Project is acceptable except, as otherwise
provided in Article 30.
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45.03 DESIGN/BUILD FIRM shall designate a responsible member of its organization at the
Project site whose duty shall be the prevention of accidents. This person shall be
DESIGN/BUILD FIRM'S Project Representative unless otherwise designated in writing by
DESIGN/BUILD FIRM to CITY.
ARTICLE 46 This Article left intentional) blank
( v 1
ARTICLE 47 ( This Article left.!ntentionally blank)
ARTICLE 48 CLEANING UP AND REMOVAL OF EQUIPMENT
48.01 DESIGN/BUILD FIRM shall at all times keep the Project site free from accumulation of
waste materials or rubbish caused by DESIGN/BUILD FIRM'S operations. At the completion of
the Project, DESIGN/BUILD FIRM 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 DESIGN/BUILD FIRM fails to clean up at the completion of the Project, CITY may do so, and
the cost thereof shall be charged to DESIGN/BUILD FIRM.
48.02 CITY'S Right to Clean-Up: If a dispute arises between DESIGN/BUILD FIRM and
separate contractors as to responsibility for cleaning up, CITY may clean up and charge the
cost thereof to the contractors responsible therefore, as the Contract Administrator shall
determine to be just. This provision is solely for cleaning.
48.03 Removal of Equipment: In case of termination of this Agreement before completion for
any cause whatever, DESIGN/BUILD FIRM, if notified to do so by CITY, shall promptly remove
any part or all of DESIGN/BUILD FIRM'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 DESIGN/BUILD FIRM.
ARTICLE 49 (This Article left intentionally blank)
ARTICLE 50 BONDS AND INSURANCE
DESIGN/BUILD FIRM shall furnish, or cause to be furnished, on or before fifteen (15) days after
execution of this Agreement, the following:
50.01 Performance Bond and Payment Bond (Surety):
50.01.01 A performance bond and payment bond of the form and containing all the
provisions attached hereto and made a part hereof. Payment and Performance bonds
may be in the form of dual obligee bonds from the Contractor in the amount of the
contract between the DESIGN/BUILD FIRM and the Contractor, naming the CITY and
DESIGN/BUILD FIRM as dual obligees. DESIGN/BUILD FIRM shall provide payment
and performance bonds in the remaining amount of the Contract Price naming the CITY
as the obligee on those bonds.
50.01.02 The Bonds shall be in the amount of one hundred percent (100%) of the
Contract amount guaranteeing to CITY the completion and performance of the Project
covered in this Agreement as well as full payment of all suppliers, material persons,
RFP 2014-206-SR CITY OF MIAMI BEACH ,AIAN!BEACH
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laborers, or Subcontractors employed pursuant to this Project. Such Bonds shall be with
a surety company which is qualified pursuant to Section 50.03.
50.01.03 Such Bonds shall continue in effect for one year after completion and
acceptance of the Project with liability equal to one hundred percent (100%) of the
Contract Price, or an additional bond shall be conditioned that DESIGN/BUILD FIRM
will, upon notification by CITY, correct any defective or faulty work or materials which
appear within one year after completion and acceptance of the Project.
-OR-
50.02 Performance and Payment Guaranty:
50.02.01 In lieu of a performance bond and payment bond, DESIGN/BUILD FIRM
may furnish an alternate form of security which may be in the form of cash, money order,
certified check, cashiers check or irrevocable letter of credit. Such alternate forms of
security shall be for the 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 Project.
50.03 Qualifications of Surety:
50.03.01 A separate performance bond and payment 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.
50.03.02 In addition to the above-minimum qualifications, the surety company must
meet at least one of the following additional qualifications:
50.03.02.01 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 CFR 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.
50.03.02.02 The surety company shall have at least the following minimum
ratings in the latest revision of Best's Insurance Report:
Amount of Bond Ratings Category
500,001 to 1,020,000 B+ Class 1
1,020,001 to 2,000,000 B+ Class 11
2,000,001 to 5,000,000 A Class III
5,000,001 to 10, 000, 000 A Class IV
10,000,001 to 25,000,000 A Class V
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25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
50.04 INDEMNIFICATION OF CITY
50.04.01 In consideration of twenty-five dollars ($25.00), separately acknowledged
by DESIGN/BUILD FIRM, and other valuable consideration, DESIGN/BUILD FIRM shall
indemnify and save harmless CITY, its officers, agents and employees, from or on
account of any injuries or damages, received or sustained by any person or persons
during or on account of any construction activities of DESIGN/BUILD FIRM its
Consultant, Contractor, or any Subcontractors, Subconsultants, agents, servants, or
employees connected with the Project; or by or in consequence of any negligence of
DESIGN/BUILD FIRM, its Consultant, Contractor, or any Subcontractors,
Subconsultants, agents, servants, or employees (excluding gross negligence or willful
misconduct of CITY), in connection with the construction activities of the DESIGN/BUILD
FIRM its Consultant, Contractor or any Subcontractors, Subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper materials;
or by or on account of any act, error or omission of DESIGN/BUILD FIRM its Consultant,
Contractor, or any Subcontractor, Subconsultants, agents, servants or employees,
except to the extent caused by CITY. DESIGN/BUILD FIRM agrees to indemnify and
save harmless CITY against any claims or liability arising from or based upon the
violation of any federal, state, CITY or city laws, bylaws, ordinances or regulations by
DESIGN/BUILD FIRM, its Consultant, Contractor, Subcontractors, Subconsultants,
agents, servants or employees (excluding gross negligence or willful misconduct of
CITY). DESIGN/BUILD FIRM further agrees to indemnify and save harmless CITY from
all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against CITY on account of any claims, fees, royalties,
or costs for any invention or patent, and from any and all suits and actions that may be
brought against CITY for the infringement of any and all patents or patent rights claimed
by any person, firm, or corporation. This consideration is separate and distinct from any
other consideration received by DESIGN/BUILD FIRM.
50.04.02 DESIGN/BUILD FIRM further agrees to indemnify, save harmless and
defend CITY, its agents, servants and employees, from and against any claim, demand
or cause of action of whatever kind or nature arising out of any negligent conduct or
misconduct of DESIGN/BUILD FIRM not included in Section 50.04.01 above and for
which CITY, its Consultant, Contractor, Subcontractors, Subconsultants, agents,
servants or employees, are alleged to be liable.
50.04.03 The indemnification provided above shall obligate DESIGN/BUILD FIRM
to defend at its own expense to and through appellate, supplemental or bankruptcy
proceeding, or to provide for such defense, at CITY'S option, any and all claims of
liability and all suits and actions of every name and description that may be brought
against CITY which may result from the operations and activities under this Agreement
whether the construction operations be performed by DESIGN/BUILD FIRM, its
Consultant, Contractor, Subcontractors, its Subconsultants, or by anyone directly or
indirectly employed by any of the above.
50.04.04 The execution of this Agreement by DESIGN/BUILD FIRM shall obligate
DESIGN/BUILD FIRM to comply with the foregoing indemnification provision. The
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obligations under this Section 50.04 shall survive termination and/or other expiration of
this Agreement.
50.05 INSURANCE: The contractor shall furnish to Department of Procurement Management,
City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139,
Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required
by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis, including Contractual
Liability, Products/Completed Operations, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage. City
of Miami Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage.
D. Professional (Design Errors & Omissions) Liability Insurance in an amount
not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%
of the limit of liability. The policy must be endorsed to provide coverage for up to
three (3) years after project completion. The policy is to be on a primary basis if
other professional liability is carried.
E. Installation Floater Insurance including coverage for material & equipment to
be installed during the course of this project. City of Miami Beach shall be
included as a Named Insured on this policy, as its insurable interest may appear.
This policy shall remain in force until acceptance of the project by the City.
All deductibles for insurance required in this Agreement are the responsibility of
the Contractor.
The insurance coverage required shall include classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the vendor.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less
than "Class V" as to financial strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the
latest "List of All Insurance Companies Authorized or Approved to Do Business in
RFP 2014-206-SR CITY OF MIAMI BEACH
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9s �'
Florida" issued by the State of Florida Department of Insurance and are members
of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days in advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, 3rd FLOOR
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 section of this agreement.
ARTICLE 51 MISCELLANEOUS
51.01 ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or
pretended invention, 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 this Project or
appurtenances, are hereby included in the prices stipulated in this Agreement for said Project.
51.02 DATUM: All elevations are to refer to the North American Vertical Datum of 1988
(NAVD).
51.03 RIGHTS OF VARIOUS INTERESTS: Whenever work being done by CITY'S forces or by
other contractors is contiguous to work covered by this Agreement, 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.
51.04 ASSIGNMENT: This Agreement shall not be assigned or subcontracted a whole without
the written consent of the City, nor shall DESIGN/BUILD FIRM assign any monies due or to
become due to it hereunder, without the prior written consent of the City.
51.05 NO INTEREST: Any monies not paid by CITY when claimed to be due to
DESIGN/BUILD FIRM under this Agreement shall not be subject to 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.
51.06 OWNERSHIP OF DOCUMENTS: Drawing, specifications, design, models, photographs,
computer AutoCAD disks, reports, surveys, and other data provided in connection with this
Agreement and for which CITY has rendered payment, are and shall become and remain the
property of CITY whether the Project for which they are made is executed or not. If this
Agreement is terminated for any reason prior to completion of the Work, CITY may, in its
discretion, use any design and documents prepared hereunder for the purpose of completing
the Project, provided that CITY has paid for same; and provided further that if such termination
occurs prior to completion of documents and/or through no fault of DESIGN/BUILD FIRM;
DESIGN/BUILD FIRM shall have no liability for such use; and provided further that any reuse
without the written verification or adaptation of DESIGN/BUILD FIRM for the specific purpose
intended will be without liability or legal exposure to DESIGN/BUILD FIRM. At the completion of
RFP 2014-206-SR CITY OF MIAMI BEACH BEACH
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i
the Project, as part of the Project closeout, copies of all drawings on AutoCAD disks shall be
transmitted from DESIGN/BUILD FIRM to the Contract Administrator within seven (7) calendar
days of termination of this Agreement in addition to the record drawing. The provisions of this
clause shall survive termination or expiration of this Agreement and shall thereafter remain in
full force and effect. Any compensation due to DESIGN/BUILD FIRM shall be withheld until all
documents are received as provided herein. Notwithstanding the foregoing, the CITY retains
ownership of any and all documents provided to the DESIGN/BUILD FIRM and has full use
thereof without any further payment.
51.07 RECORDS
DESIGN/BUILD FIRM shall keep such records and accounts and require its Contractor,
Consultant, and Subcontractors to keep records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement. Such
books and records will be available at all reasonable times for examination and audit by CITY
and shall be kept for a period of three (3) years after the completion of the Project pursuant to
this Agreement. Incomplete or incorrect entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such entries.
51.08 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
DESIGN/BUILD FIRM shall not unlawfully discriminate against any person in its operations and
activities in its use or expenditure of the funds or any portion of the funds provided by this
Agreement and shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act in the course of providing any services funded in whole or in part by CITY,
including Titles I and 11 of the (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards.
DESIGN/BUILD FIRM'S decisions regarding the delivery of work and services under this
Agreement shall be made without regard to or consideration of race, age, religion, color, gender,
sexual orientation, national origin, marital status, physical or mental disability, political affiliation,
or any other factor which cannot be lawfully or appropriately used as a basis for service delivery.
DESIGN/BUILD FIRM shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, gender,
sexual orientation, national origin, marital status, political affiliation, or physical or mental
disability. In addition, DESIGN/BUILD FIRM shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms
and conditions of employment, training (including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual orientation,
national origin, marital status, political affiliation, or physical or mental disability during
employment. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
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pay, other forms of compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall not engage in or commit any discriminatory practice in violation of
the CITY'S Human Rights Ordinance, as same may be amended form time to time, in
performing the Scope of Services or any part of the Scope of Services of this Agreement.
51.09 NO CONTINGENT FEE: DESIGN/BUILD FIRM warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
DESIGN/BUILD FIRM to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for DESIGN/BUILD FIRM, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this provision, CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the Contract Price, or otherwise recover, the full
amount of such fee, commission, percentage, gift or consideration.
51.10 ALL PRIOR AGREEMENTS SUPERSEDED: AMENDMENTS: The Contract Documents
incorporate and include all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and the parties agree that there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in the Contract Documents. Accordingly it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
51.11 NOTICES: Whenever either party desires to give notice unto the other, it must be given
by written notice, sent by certified United States mail, with return receipt requested, addressed
to the party for whom it is intended, at the place last specified; and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
FOR CITY:
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Drive
Miami Beach, Florida 33139
c/o CIP Director
WITH COPY TO:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
c/o City Manager
and
RFP 2014-206-SR CITY OF MIAMI BEACH BEACH
Due Date:4/29/2014 99 -`1''.i °�°''
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
c/o City Attorney
FOR DESIGN/BUILD FIRM:
51.12 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this Agreement by
DESIGN/BUILD FIRM shall act as the execution of a Truth-in-Negotiation Certificate stating that
wage rates and other factual unit costs supporting the compensation of this Agreement are
accurate, complete, and current at the time of contracting. The original Contract Price and any
additions thereto shall be adjusted to exclude any significant sums by which CITY determines
the Contract Price was increased due to inaccurate, incomplete, or non-current wage rates and
other factual unit costs. All such Contract adjustments shall be made within one (1) year
following completion and acceptance of the Project.
51.13 INTERPRETATION: The parties hereto acknowledge and agree that the language used
in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to
either party hereto. The headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall include
the plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the
particular sentence, paragraph or section where they appear, unless the context requires
otherwise. Whenever reference is made to a Section or Article of this Agreement, such
reference is to the Section or Article as a whole, including all of the subsections and
subparagraphs of such Section or Article, unless the reference is expressly made to a particular
subsection or subparagraph of such Section or Article.
51.14 RECYCLED CONTENT: In support of the Florida Waste Management Law,
DESIGN/BUILD FIRM is encouraged to supply any information available regarding recycled
material content in the products provided. CITY is particularly interested in the type of recycled
material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled
material contained in the product. CITY also requests information regarding any known or
potential material content in the product that may be extracted and recycled,after the product
has served its intended purpose.
51.15 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity 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, as amended, for category two purchases
for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
RFP 2014-206-SR CITY OF MIAMI BEACH `i}{
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Violation of this section shall result in cancellation of the CITY purchase and may result in
debarment.
51.16 APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami-Dade
County, Florida, and if legal action is necessary by either party with respect to the enforcement
of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall
be in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTRACT, DESIGN/BUILD
FIRM AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE PROJECT.
DESIGN/BUILD FIRM SHALL SPECIFICALLY BIND ITS PROJECT TEAM MEMBERS AND
ANY AND ALL SUBCONTRACTORS TO THE PROVISIONS OF THE CONTRACT.
RFP 2014-206-SR CITY OF MIAMI BEACH
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IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
ATTEST: THE CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
DESIGN/BUILD FIRM MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
[If incorporated sign below]
DESIGN/BUILD FIRM/
ATTEST:
By:
(Secretary) (President)
(Corporate Seal) (Print Name and Title)
day of , 20
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
RFP 2014-206-SR CITY OF MIAMI BEACH
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00708. FORM CERTIFICATE OF INSURANCE
A certificate of insurance form will be attached here.
RFP 2014-206-SR CITY OF MIAMI BEACH
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00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Proposer, or, if City elects, upon determination by
City and Surety jointly of the lowest responsible Proposer, arrange for a
contract between such Proposer and City, and make available as work
progresses (even though there should be a default or a succession of defaults
under the Contract
RFP 2014-206-SR CITY OF MIAMI BEACH
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BEACH
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
RFP 2014-206-SR CITY OF MIAMI BEACH �I,p F
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00720. FORM OF PAYMENT BOND
BY THIS BOND, We as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
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2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
RFP 2014-206-SR CITY OF MIAMI BEACH q
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00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that , who signed the
Bond(s) on behalf of the Principal, was then of said corporation; that I know
his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were)
duly signed, sealed and attested to on behalf of said corporation by authority of its governing
body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being by me
first duly sworn upon oath says that he/she has been authorized to execute the foregoing
Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of
Contractor named therein in favor of City.
Subscribed and Sworn to before me this day of ,
20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
RFP 2014-206-SR CITY OF MIAMI BEACH
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00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention Center Drive in United States Funds
Miami Beach, Florida 33139
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing
is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and between the City of Miami Beach,
Florida and (contractor), pursuant to the
(applicant, customer) Bid/Contract No.- for (name of project)
and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami Beach with written notice of our intent to terminate the credit herein
extended, which notice must be provided at least thirty (30) days prior to the expiration date of
the original term hereof or any renewed one (1) year term. Notification to the City that this
Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a
default.
RFP 2014-206-SR CITY OF MIAMI BEACH
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This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall
not in any way be modified, or amplified by reference to any documents, instrument, or
agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion
of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail..
Authorized Signature
RFP 2014-206-SR CITY OF MIAMI BEACH
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r
00900. SUPPLEMENTARY SPECIFICATIONS
(Not Applicable)
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00920. ADDITIONAL ARTICLES:
[X] 1. Prevailing Wage Rate Ordinance
This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960
provides that in all non-federally funded construction contracts in excess of one
million dollars to which the City of Miami Beach is a party, the rate of wages and
fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance 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;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus
shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[X] 2. Federal Grant Projects:
2.1. By virtue of the fact that the funding of this Project will be delivered in full
or in part from the United States government through
, federal assurances must follow
the grant application in addition to any and all supervening assurances
set forth in Rules and Regulations published in Federal Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.00922.
II
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I
EMPLOYMENT AND CONTRACTING
The City and the Design Build Firm must comply with the regulations below governing
employment and contracting opportunities. These concern equal opportunity, labor
requirements and contracting/procurement procedures.
Equal Opportunity
The City and the Design Build Firm must comply with the following regulations that
ensure equal opportunity for employment and contracting.
• Equal Employment Opportunity, Executive Order 11246, as amended: Prohibits
discrimination against any employee or applicant for employment because of race,
color, religion, sex or national origin. Provisions to effectuate this prohibition must be
included in all construction contracts exceeding $10,000. Implementing regulations
may be found at 41 CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that; to the
greatest extent feasible, opportunities for training and employment arising from
CDBG funds will be provided to low-income persons residing in the program service
area. Also, to the greatest extent feasible, contracts for work (all types) to be
performed in connection with CDBG will be awarded to business concerns that are
located in or owned by persons residing in the program service area.
• Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and
12138, the Design Build Firm must prescribe procedures acceptable to HUD for a
minority outreach program to ensure the inclusion, to the maximum extent possible,
of minorities and women, and entities owned by minorities and women, in all
contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Design Build Firm must comply with certain regulations on wage and labor
standards. In the case of Davis-Bacon and the Contract Work Hours and Safety
Standards Acts, every contract for construction (in the case of residential construction,
projects with eight or more units)triggers the requirements.
• Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and
laborers employed in construction work under Federally-assisted contracts are paid
wages and fringe benefits equal to those that prevail in the locality where the work is
performed. This act also provides for the withholding of funds to ensure compliance,
and excludes from the wage requirements apprentices enrolled in bona fide
apprenticeship programs.
• Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333):
Provides that mechanics and laborers employed on Federally-assisted construction
jobs are paid time and one-half for work in excess of 40 hours per week, and
provides for the payment of liquidated damages where violations occur. This act
also addresses safe and healthy working conditions.
• Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from
paychecks that are allowable. Makes it a criminal offense to induce anyone
employed on a Federally assisted project to relinquish any compensation to which
he/she is entitled, and requires all contractors to submit weekly payrolls and
statements of compliance.
RFP 2014-206-SR CITY OF MIAMI BEACH pg.
Due Date:4/29/2014
113 f d��%�`. I BEACH
• Fair Labor Standards Act of 1938, As Amended (29 USC 201, et. seg.): Establishes
the basic minimum wage for all work and requires the payment of overtime at the
rate of at least time and one-half. It also requires the payment of wages for the
entire time that an employee is required or permitted to work, and establishes child
labor standards:
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In.addition, the City
and the Design Build Firm must take measures to avoid hiring debarred or suspended
contractors or subrecipients and conflict-of-interest situations. Each is briefly discussed
below.
• Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For
non-profit organizations receiving CDBG funds, the procurement requirements at 24
CFR Part 84 apply.
• Conflict of Interest: The CDBG regulations require grantees (the City), state
recipients and subrecipients (the Design Build Firm) to comply with two different sets
of conflict-of-interest provisions. The first set of provisions comes from 24 CFR Parts
84 and 85. The second, which applies only in cases not covered by 24 CFR Parts
84 and 85, is set forth in the CDBG regulations. Both sets of requirements are
discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of
property and services by grantees (the City), state recipients, and subrecipients
(the Provider). These regulations require the City and the Design Build Firm to
maintain written standards governing the performance of their employees
engaged in awarding and administering contracts. At a minimum, these
standards must:
- Require that no employee, officer, agent of the City or the Design Build Firm
shall participate in the selection, award or administration of a contract
supported by CDBG if a conflict-of-interest, either real or apparent, would be
involved;
- Require that employees, officers and agents of the City or the Design Build
Firm not accept gratuities, favors or anything of monetary value from
contractors, potential contractors or parties to subagreements;.and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in
a firm selected for an award:
- An employee, agent or officer of the City or the Design Build Firm;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or
officer of the City or the Design Build Firm.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in
cases not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover
employees, agents, consultants, officers and elected or appointed officials of the
RFP 2014-206-SR CITY OF MIAMI BEACH ® ,9.0 . ,!
Due Date:4/29/2014 114 E `�`lAr V`1
grantee (the City), state recipient or subrecipient (the Design Build Firm). The
regulations state that no person covered who exercises or has exercised any
functions or responsibilities with respect to CDBG activities or who is in a position
to participate in decisions or gain inside information:
- May obtain a financial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or
for persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year
after leaving the grantee (the City), the state recipient or subrecipient (the
Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by
HUD on a case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure
has been made public; and
- Provided a legal opinion from the City stating that there would be no violation
of state or local law if the exception were granted.
• Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be
used to directly or indirectly employ, award contracts to or otherwise engage the
services of any contractor or subrecipient during any period of debarment,
suspension or placement of ineligibility status. The Design Build Firm should check
all contractors, subcontractors, lower-tier contractors or subrecipients against the
Federal publication that lists debarred, suspended and ineligible contractors at
https://www.sam.gov/portal/public/SAM/.
RFP 2014-206-SR CITY OF MIAMI BEACH
rf�lr;_{r4EH
Due Date:4/29/2014 115
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960
No.
Contract No. Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated , 20
(Contractor)
By:
(Signature)
By:
(Print Name and Title)
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20_, by who is
personally known to me or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 116 ® >>'11- }'`IE
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
Project Title
The undersigned Contractor hereby swears under penalty of perjury that, during the
period covered by the application for payment to which this statement is attached, all
mechanics, laborers, and apprentices, employed or working on the site of the Project,
have been paid at wage rates, and that the wage rates of payments, contributions, or
costs for fringe benefits have not been less than those required by the Davis Bacon Act
and the applicable conditions of the Contract.
Dated , 20
Contractor
By:
(Signature)
By:
(Print Name and Title)
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by who is
personally known to me or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 117 ® f '11 ��"�I BEACH
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT: Consultant:
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor :
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by Contractor under
the Contract Documents have been received and accepted. The Date of Substantial
Completion of the Project or portion thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by City is the date certified by Consultant
when all conditions and requirements of permits and
regulatory agencies have been satisfied and the Work, is
sufficiently complete in accordance with the Contract
Documents, so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
A list of items to be completed or corrected, prepared by Consultant and approved by
City, is attached hereto. The failure to include any items on such list does not alter the
responsibility of Contractor to complete all work in accordance with the Contract
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/2912014 118 Q ',AJ J 1, EACH
Documents. The date of commencement of warranties for items on the attached list will
be the date of final payment unless otherwise agreed in writing.
Consultant BY DATE
In accordance with Section 2.2 of the Contract, Contractor will complete or correct the
work on the list of items attached hereto within from the
above Date of Substantial Completion.
Consultant BY DATE
City, through the Contract Administrator, accepts the Work or portion thereof designated
by City as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of City and Contractor for security, maintenance, heat, utilities,
damage to the work and insurance shall be as follows:
RFP 2014-206-SR CITY OF MIAMI BEACH N,IIAJ\v�l BEACH
Due Date:412912014 119
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT: Consultant:
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
Consultant BY DATE
City, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date)
City of Miami Beach, Florida
By Contract Administrator Date
RFP 2014-206-SR CITY OF MIAMI BEACH
ID Due Date:4129/2014 120 °"
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from City of
Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to Contractor for all work and materials for the
Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
Contractor hereby indemnifies and releases City from all liens and claims whatsoever
arising out of the Contract and Project.
Contractor hereby certifies that all persons doing work upon or furnishing materials or
supplies for the Project have been paid in full. In lieu of this certification regarding payment for
work, materials and supplies, Contractor may submit a consent of surety to final payment in a
form satisfactory to City.
Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes
(Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20_[If not
incorporated sign below.]
Contractor
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
day of , 20
RFP 2014-206-SR CITY OF MIAMI BEACH ® .�
Due Date:412912014 121 ; A
` " 'BEACH
04000. ACKNOWLEDGEMENT OF ADDENDA
REQUEST FOR PROPOSALS (RFP) No. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with this
Proposal:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Addendum No. 5, Dated
Part 11: No addendum was received in connection with this Proposal.
Verified with Procurement staff
Name of Staff Date
Proposers- Name Date
Signature
RFP 2014-206-SR CITY OF MIAMI BEACH A 1F,;
Due Date:4/29/2014 122 ``'' � ''`�BEACH
05000. CUSTOMER REFERENCE LISTING
General Contractor(and/or Sub-Contractors) shall furnish the names, addresses, telephone, fax
numbers and e-mail addresses of a minimum of 8 references of a minimum of four (4) separate
completed projects.
1) Company Name
Address
Contact Person/Contract Amount
Telephone: Fax:
E-mail:
2) Company Name
Address
Contact Person/Contract Amount
Telephone: Fax:
E-mail:
3) Company Name
Address
Contact Person/Contract Amount
Telephone: Fax:
E-mail:
4) Company Name
Address
Contact Person/Contract Amount
Telephone: Fax:
E-mail:
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 123 ® ;�r�l ,`'vI� AC
i
5) Company Name
Address
Contact Person/Contract Amount
Telephone: Fax:
E-mail:
6) Company Name
Address
Contact Person/Contract Amount
Telephone: Fax:
E-mail:
7) Company Name
Address
Contact Person/Contract Amount
Telephone: Fax:
E-mail:
8) Company Name
Address
Contact Person/Contract Amount
Telephone : Fax:
E-mail:
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 124 "j'`' `�' BEACH
06000. SUB-CONTRACTOR LISTING INFORMATION
REQUEST FOR PROPOSALS (RFP) No. 2014-206-SR
DESIGN/BUILD SERVICES FOR THE LONDON HOUSE REHABILITATION &
RESTORATION PROJECT
SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
Name of Subcontractor Work to be completed % of Work to be performed
(Telephone and fax no.)
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
(Attach additional forms if necessary)
RFP 2014-206-SR CITY OF MIAMI BEACH
Due Date:4/29/2014 125 ;��!'�;��"' .