Attachment B: Request for Proposal (RFP) and Addendums •
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'ATTACHMENT B
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REQUEST FOR PORPOSAL (RFP)
AND ADDENDUMS
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eA M1AMIBEACH
City of Miami Beach, 1735 Meridian Avenue, 3'Ficor,Miami?each,FIcridc 33139,erNw.miemibecchfl.0ov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 14
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENTS (PHASE II)
February 25, 2016
This Addendum to the above-referenced RFP is issued in response to clarifications and revisions issued
by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough
and additions are underlined).
I. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS VIA EMAIL.
Q1: Can you confirm if a Bid Bond is required?
Al: There is no bid bond requirement for this project.
All responses to questions or requests for clarifications, including any updates/clarifications to the form of
Agreement, shall be sent to the Proposers in the form of an addendum. 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(asmiamibeachfLQov
I Contact: Telephone: Email:
Kristy Bada 305-673-7000 ext. 6218 kristybada @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission.
Since_ ,
Ale, •enis
Procurement Director
1 ADDENDUM NO.14
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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• • 1el - MIAMIBEAC-H
City of Miami Beach, 1755 Meridian A•n_nue,3'Hear,Miami Seccn,Flcridc 333 139,www.micmibecchfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
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ADDENDUM NO. 13
-— — REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENTS (PHASE II)
• February 25, 2016
This Addendum to the above-referenced RFP is issued in response to clarifications and revisions issued
• by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough
• and additions are underlined).
I. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS VIA EMAIL.
•
Q1. Please note that the removal of 16" WM in lieu of abandoning and grouting, will result in
substantial impacts to the school, City and resident landscaping, and double interruption of
- driveways, along the path of the pipe. We are attaching below some of the typical locations where
• this impact occurs. Please confirm that the City will accept the removal of all the
landscaping/trees and that a tree removal permit will be provided. We highly recommend that the
• position of removing this pipe be reconsidered now instead of after award and design, which
would require extensive re-designs and change orders later.
•
- . Al: Vendors shall proceed with abandoning the existing 16-inch water main in
,place and grouting. .
• ' All responses.to questions or requests for clarifications, including any updates/clarifications to the form of
Agreement, shall be sent to the Proposers in the form of an addendum. 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(a�miamibeachfl.gov .
Contact: Telephone: Email:
Kristy Bada 305-673-7000 ext. 6218 kristybada @miamibeachfl.gov
,Proposers'are reminded to acknowledge receipt of this addendum as part of your RFP submission.
Sincerely, •
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AI=. senis
Proc ement Director •
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1 ADDENDUM NO.13
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
•
m MIAMI BEACH
City of Miami Beach, 1755 Meridian Averz;e.3 :Ie r .u:c-ri Becc�,Fler'dc 33139 w'Nw.nicrnibecchrl.5ov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 12
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENTS (PHASE II)
February 22, 2016
This Addendum to the above-referenced RFP is issued in response to clarifications and revisions issued
by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough
and additions are underlined).
I. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS VIA EMAIL.
01. Exhibit A has a great deal of work to be identified, designed and prices which would easily
take two (2)weeks to accomplish?
Al: Due date extension was provided via Addendum No. 11.
Q2: Sample Contract is not attached and we will need this to provide to subs for pricing.
A2: Sample contract was provided via Addendum No. 10.
Q3: Extensive time to review as-builts and adjust design to incorporate improvements.
A3: Due date extension was provided via Addendum No. 11.
Q4: Additional time to review SFWM permits in addendum and incorporate into design?
A4: Due date extension was provided via Addendum No. 11.
Q5: Question to answer A9; plain concrete or Miami Beach Pink?
A5: Use standard "plain" concrete.
Q6: Question to A16, is there a set grade/pitch required?
A6: Grade/Pitch to be provided as dictated by the design.
Q7: Extensive time to review survey files and implement?
A7: Due date extension was provided via Addendum No. 11.
Q8: Review time for ICPR model.
A8: Due date extension was provided via Addendum No. 11.
09: Question to A30, please provide an allowance for the franchise fees as they are not available
until the design is completed and approved by the City.
1 ADDENDUM NO.12
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
A9: No allowance is necessary.
Q10: (DW01): There is no such drawing. Please clarify?
A10: Please provide page no. and I plan reference for drawing "DW01".
Q11: Question for A35, is this answer intended for RFI's after award or during the step 2
process?
Al1: During the step 2 process.
Q12: Question to A36, the word affected is used in the City's response, is cutting a hole on the
seawall for the out fall considered "affected"? If yes than the sea wall will only be restored for the
length of the pipe impact, otherwise please provide how many feet in each direction the City
requires the 5.7 NAVD.
Al2: Restore the full-easement width of the affected seawall.
Q13: Question to A50, Is this response intended for the step 2 process? If not how can we
provide a price on a determination by the Public Works Department after our submittal is
completed and our price provided, is the City planning on an allowance for such determinations?
Otherwise to be competitive we must assume that such determination will be extremely minimal,
and not include such things as described in Q53?
A13: DBF should include harmonization cost for affected properties based on site
inspection.
Q14: Question to A56, please provide a list or permit copy of all permitted encroachments.
A14: Only preliminary information is available. See attachment 5 of the DCP
package on Feb 7, 2016 provided via CDROM for Addendum No. 10.
Q15: Question to A65; what are the City's parking fees? Or provide where we may obtain
them.?
A15: The City will not allow its parking facilities to be dedicated to the parking
needs of construction crews during construction. The DBF needs to find alternative
site/s for its staff and crews. However, the fees can be found at the following link;
(miamibeachfl.gov/parking) Parking (a The City of Miami Beach.
Q16: Q7 & A 7: Dictate 480 days for final completion from NTP 1, page 51 of the sample contract,
6.2, b., states that completion will be 420 days from NTP 1. Which is correct?
A16: 420 to substantial completion and 480 to final completion.
Q17: Q13 & A13: Regarding the payment and performance bond and the payment by the City,
article 10, requires a payment and performance bond be furnished and delivered, (10) days of the
Contract date. Article 6.2, d., states that no other costs other than design fees and permit
reimbursements can be submitted for payment until NTP 2 is issued. Thereby prohibiting the
City's payment to the Contractor, until NTP 2. Is it the intent of the City to withhold payment for
bonds and insurances until after the issuance of NTP 2? _________
T 2 ADDENDUM NO.12
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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A17: Yes.
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Q18: Q18 & A18: prohibits the area adjacent to the south pump station as a staging yard. 01590-
Contractor's field offices require the Contractor to furnish a field office for themselves and one for
the City, within 1000 feet of the project work boundaries. Is it the intention of the City to enforce
both offices, within these limits? If so, can the City provide the site?
-- — — A18: The Contractor is responsible to secure a staging yard. "_ _____ _
019: Cost tender form; can a measurement and payment section be issued to be consistent with
the new cost tender form? We would like to request a Measurement and Payment section for
clarification of the intent of the Line Items. Measurement and payment describing what goes into
the bid items. A good example of how this applies is the Backup Generators Installation (for
Pump Stations). Typically the "Measurement and Payment" section would say, "Furnish and
install three trailer mounted generators for pump stations, one for the new pump station and one
for each of the existing pump stations. Generators shall be diesel powered, sound attenuated and
carry a tier IV certification. Generators to be delivered to?" Something like that for each of the bid
items. The generators are of a particular problem, because the DCP says portable, but the bid
item says installed, so it could mean permanent installation. Also, the quantity and for which
stations, are also in question. The request was for definition of each of the line items on the Lump
Sum Price form.
A19: The Cost Tender Form provided is appropriate at this stage of the design-build
process, therefore remains unchanged. Further, the identified item (Bid Item 8) has
now been removed hence the question is no longer applicable, as per A20 below.
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Q20: Cost tender form; Bid Item 8, Backup Generators Installation (for Pump Stations): What is
the quantity? One for all three stations? Can we have a City specification and,manufacturer? Can
an allowance be included for these items? -
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A20: Bid Item 8 has been removed, revised cost tender form attached as Exhibit A.
Backup generators are no longer required for this project.
Q21: Sample Contract Article 11, Changes in the work, 11.1, h., page 83, Design/Builders fee is
limited to (10%) markup for work with the design builder's own forces and (5%) markup for
subcontractors. Can this be modified to reflect more current market conditions?
• A21: No modification.
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• Q22: Sample Contract Article 12.2, Extensions to contract time, paragraph b., page 86, shows
inclement weather days to be included in the Contract. Is it the intention of this section to direct
the Contractor to include (126) rain work days, a calendar year, in our schedule of (257) work
days?
A22: No time extension will be provided until the designated number of inclement
weather days for the given month has been exceeded. For example, the first day to
be claimed in January would be after the 6th day has been requested by proper
notice and approved.
All responses to questions or requests for clarifications, including any updates/clarifications to the form of
Agreement, shall be sent to the Proposers in the form of an addendum. Any questions regarding this
Addendum should be submitted in writing to the Procurement Management Department to the attention
•
3 ADDENDUM NO.12
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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of the individual named - below, with a copy to the City Clerk's Office at
RafaelGranado(a,miam achfi.cev
Contact: Telephone: Email:
Kristy Bada 305-673-7000 ext. 6218 kristybada @miamibeachfl.gov
-- Proposers_are r eminded_to.acknowledge_receipt.of_this-addendum as,part.of.your RFP submission.
Sincerely,
Ale. D--.s
•
• urement Director
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ADDENDUM NO. 12 �u���_ ����
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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..EXHIBIT
Appendix C Cost Tender-Form
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ADDENDUM NO 12 .�..��.�... ,�
REQUEST.FOR PROPOSALS N0.•2015 133 YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO 8:CENTRAL
.`BAYSHORE SOUTH RIGHT-OF,WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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APPENDIX C
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Cost Tender Form -
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REQUEST FOR PROPOSALS ( RFP)
No. 2015- 1:33-YG
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO 8. CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
, INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
o ADDENDUM NO.12 -
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
APPENDIX C— COST TENDER FORM
Section 1 — Certification. 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. 2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
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.
Name of Proposers Authorized Representative: Title of Proposers Authorized Representative:
Signature of Proposers Authorized Representative: Date:
State of FLORIDA ) On this day of
20_, personally
appeared before me who
stated that(s)he is the of ,a
corporation, and that the instrument was signed in behalf of the said corporation by authority of its board
of directors and acknowledged said instrument to be its voluntary act and deed.Before me:
Notary Public for the State of Florida
My Commission Expires:
7 ADDENDUM NO.12
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
Section 2-LUMP SUM PRICE - SAMPLE
REQUEST FOR PROPOSALS (RFP)
No. 2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENTS FURTHER BREAKDOWN OF LINE ITEMS
INDICATED MAY BE PROVIDED AT THE DISCRETION OF THE PROPOSER
Item Item Description Lump Sum Price
No.
1 Professional Services
2 General Conditions
3 Roadway Construction ( including curb &gutter, striping,
signage, sidewalks, swales, MOT)
4 I Street Lighting System installation
5 Water Distribution System Construction
6 Stormwater Collection & Drainage System Construction
7 Stormwater Pump Station installation /upgrades
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9 Multi-use path Improvements
10 Streetscape Improvements ( including landscaping)
11 Allowance: Permit Fees $100,000.00
12 Consideration for Indemnification of City $25.00
13 Cost for compliance to all Federal and State requirements $25.00
of the Trench Safety Act
Grand Total
(numerical value) ,
ANY LETTERS,ATTACHMENTS,OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE
SUBMITTED IN DUPLICATE.
WRITTEN TOTAL:
PROPOSER(Print):
ADDRESS:
CITY/STATE: ZIP:
FEDERAL I.D.#:
NAME/TITLE OF REPRESENTATIVE(Print):
SIGNED:
(I certify that I am authorized to execute this proposal.)
3 I ADDENDUM NO.12 �~
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
[n MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue,3"Floor,Miami Beach, Florida 33139,www.miamibeachil.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 11
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENTS (PHASE II)
February 18, 2016
This Addendum to the above-referenced RFP is issued in response to clarifications and revisions issued
by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough
and additions are underlined). .
I. RFP DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00
p.m., on Thursday, March 3, 2016, at the following location:
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3rd Floor
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.
II. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS AT THE PRE-BID MEETING
AND VIA EMAIL.
Q1. The drainage report provided in the DCP includes use of"in-place treatment methods" at the
existing pump stations for water quality treatment. We understand this to mean the injection wells
associated with each pump station. In recent experience on a similar Miami Beach project, the
use of existing injection wells to act as water quality treatment on existing pump stations was not
permissible by the water management district. New water treatment structures were required on
the existing pump stations in order to obtain a permit. Please confirm whether new water
treatment structures should be included for the existing pump stations.
Al: DBF to provide all necessary appurtenances required to connect existing pump
stations to forcemain and/or outfall discharge.
Q2: Please verify the water main construction will extend along Prairie Avenue from Dade
Boulevard to 34`h Street as stated in the DCP, rather than Prairie Avenue from 28`h Street to 34th
Street, as stated in the RFP.
A2: Please refer to the DCP.
Q3: The DCP is specific in regards to calculating water quality volume and flow rate. If the
calculated water quality flow rate exceeds the pump station's peak flow rate (obtained from
hydraulic modeling), can the peak flow rate be used to size the water quality treatment
structure?
1 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8.CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
•
A3: Must be compliant to MDC— RER/SFWMD criteria.
Q4: (PIO): According to section 01013 — We are to provide the PIO services as part of our
contract. Please clarify?
Q4: CIP will provide PIO services.
Q5: (Dirt Driveway): Missing address for ET#327. Please clarify?
A5: ET#327 shall be removed from the list.
Q6: (Dirt Driveway): According to Street View, property 2405 N Meridian Ave. is under
construction. We will Ignore City driveway removal comment.
A6: DBF will be notified at the time of design.
Q7: (Landscape Removal): Encroachment analysis is conflicting. Please provide City policy for all
landscape in City ROW affecting this project?
A7: Encroachment analysis has been included as part of the DCP package,
"Attachment 5."
Q8: (Remove concrete walkway): According to Street View, these walkways are from the home
entrance to the ROW.
A8: DBF must verify at the time of design.
Q9: (No installation in the wet): Does this apply to drainage? Typically the City allows this. If
required will City allow pumping into sanitary system since DERM won't allow pumping into the
waterways.
A9: Installation in the "wet" is not acceptable.
Q10: (DW01): There is no such drawing. Please clarify?
A10: Please provide page no. and/ plan reference for drawing "DW01".
Q11: (Contamination Areas): According to the PSI report there are 3 areas of contamination. Will
the City cover the sewer capacity/disposal cost?
Al1: Yes.
Q12: (Suitable Material): section 02200-3, contradicts Section 2610. Please clarify.
Al2: For section 02610 3.1.F use following: Disposal of Excess Materials: Dispose
of the excavated materials not required or suitable for backfill. Surplus excavated
suitable material may be stockpiled on-site at areas acceptable to the CITY and/or
its representative. If no such areas are available in the opinion of the CITY, then
CONTRACTOR shall be responsible for making arrangements as necessary for the
stockpiling of suitable materials off-site. All costs associated for such shall be
borne by the CONTRACTOR.
2 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO 8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
Q13: (Excavation in Vicinity of Trees): Section (2200-7), no City official has made the
determination about the trees to be removed. It is contradictory to Sunset and City regulations.
How can we determine how many trees to remove without a clear policy from the City on tree
removals? Please clarify?
A13: Any tree removed will need to obtain a CMB landscape/tree removal permit.
Design-Build Firm will to follow all tree removal procedures pursuant to CMB
ordinances.
Q14: Please provide any requirement to remove muck beyond our trench. Please provide soil
borings CB9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.
A14: All unsuitable material shall be removed.
Q15: (Swales Thoroughly Compacted): Please clarify the compaction of swales when the DCP
suggests the use of the swale for positive drainage, why would section 02260-3 require swales to
be thoroughly compacted by rolling?
A15: Per CMB PWD Manual Section 12 3.05 (c).
Q86(16)(Fire Hydrant Trench): Section 0266-3, must be a typo, the maximum depth of the trench
should be 5 feet. Please clarify?
A86: Yes, the maximum depth of the trench should be 5 feet.
Q17: (valve vault): Please confirm minimum valve vault size is 10ft x 12ft?
A17: PWD will consider alternatives by DBF but ultimately design must be approved
by the City Engineer before consideration.
Q18: (Duckbill): Please confirm the City will accept Duckbill check valves?
A18: Tideflex backflow preventors are acceptable if properly placed in structure
with adequate access hatches.
Q19: (Curb strength): Please confirm the compressive strength for curb will be 4,000psi?
A19: Refer to PWD Standard detail RS1.
Q20: (Miami Red): Please confirm the use of Miami Red sidewalks, but not on curbs.
A20: Where appropriate, "Miami Beach" red will be utilized for sidewalks only.
Q21: (Painting): Please confirm the requirement for warranty coatings and hatches for a 5 year
period.
A21: Confirmed.
Q22: Please provide a copy of the draft agreement the City will use.
3 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
A22: Included in the Addendum No. 10 •
• 023: The City typically requires all services to be 2 inch, the docs do not call for it, so we are
currently not providing that, please clarify.
A23: All water service connections should as per PW Standards. See detail WS1.
(Min. size to be 2")
All responses to questions or requests for clarifications, including any updates/clarifications to the form of
Agreement, shall be sent to the Proposers in the form of an addendum. 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(cmiamibeachfl.gov
Contact: Telephone: Email:
Kristy Bada • 305-673-7000 ext. 6218 kristybada@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission.
Sincl-rely,
' 1
*-x Denis
Pro/urement Director •
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4 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
en MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue,3'd Floor,Micmi Beach, Florida 33139,www.micmibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 10
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE
SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS (PHASE II)
February 10, 2016
This Addendum to the above-referenced RFP is issued in response to clarifications and
revisions issued by the City. The RFP is amended in the following particulars only (deletions
are shown by strikethrough and additions are underlined).
I. MODIFICATION.
A. The following was inadvertently omitted from the original release of
Addendum No. 8 and are hereby added and incorporated as Exhibit A:
1) Design Criteria Package (DCP)—Street Lighting System Criteria
B. The RFP document included a sample Cost Tender Form, the revised Cost
Tender Form is attached as Exhibit B.
C. The RFP document advised sample contract would be provided via
addendum during Phase II, the sample contract is attached as Exhibit C
II. ATTACHMENTS. The City has prepared a CD with additional electronic files in
response to questions below. Shortlisted proposers shall retrieve the CD with
electronic file responses from the Procurement Department, located at 1755
Meridian Avenue, 31-d Floor, Miami Beach, FL 33139.
III. PRE-PROPOSAL MEETING SIGN-IN SHEET. Please refer to Exhibit D of this
Addendum.
IV. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS AT THE PRE-BID
MEETING AND VIA EMAIL.
01: Is street lighting included?
Al: Please, refer to Modification A above.
Q2: Can the points awarded for Phase I of the RFP be provided to the
proposers?
A2: Yes, attached as Exhibit E; for further details regarding the
evaluation scoring and process please refer to Section 00305.
Evaluation Methodology of the RFP document.
Q3: When is the anticipated award of this project?
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REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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A3: Tentatively April 13, 2016 City Commission meeting.
.Q4: Will the old water main be removed?
___ __ __ A4:•• Yes, as per the City_of Miami Beach Public Works Department _
• (PWD), as stated during the 01-07-2016 Pre-submittal meeting.
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Q5: Can the asbuilts from recent projects be provided? -
A5: Please refer to the attached CD with electronic files.
Q6: There is mention of an existing permit No.; could you provide the blanket
permit No.? - -
• A6: . Permit number are as.follows; a) DERM RER No. 2010- CLII-
PER-00007, b) DERM WE 2010-WAT-EXT-00107; c) FDOT # 126648-260-
DSGP; d) FDEP Drainage Wells 0128936-051, 052-UC; e) FWMD ERP NO.
13-04851-P, f) SFWMD Water Use Permit No. 100219.3, g) SFWMD Water
Use Permit No. 13-04775-W and h) USACOE No..SAJ-2010-00625 (NW-
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• MRM) -
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Q7: Is there a design and construction schedule?
A7: 480 days to design, permit and to construct from the issuance
. of the Notice to Proceed (NTP).
Q8: When is final completion?
A8: - When 60 days from substantial completion has been achieved.
Q9: Is there a preference for the material of the multi-use path?
A9: Use typical sidewalk concrete with 3,000 PSI (see PW standard
detail RS8)
Q10: What are the liquidated damages?
A10: • Please refer to Section 0100 General Instructions To Proposer,
Subsection 4 titled Project Duration of the RFP document.
Q11: • Please provide a copy of the. Proposal Tender to replace the sample
provided?
All: Please refer to Modification B above regarding revised Tender
form.
Q12: Please provide a copy of the contract language for review?
Al2: Please refer to Modification C above.
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Q13: Please provide the Bid & Performance and Payment Bond forms?
A13: Included in Sample Contract, Exhibit B.
Q14: Are any of the previously submitted affidavits or forms required for the Phase
2 submittal?
A14: Any forms or affidavits required for Phase I do not need to be
resubmitted for Phase II.
015: Page 21, Tab 2, number 3, reads "List similar sanitary sewer force mains
projects first". Is this scope of work applicable to this solicitation?
A15: Proposer may include forcemain project experiences.
Q16: Are swales required by the Design Criteria Package?
A16: Yes—as required by design.
Q17: Can geo fabric be used in lieu of the minimum 6-inch thickness black base?
A17: Yes — Proposal material must be submitted to PWD for review
and approval.
Q18: Will the area adjacent to the south pump station be made available for
staging?
A18: No.
Q19: Can Pine Tree Drive be open-cut?
A19: Pine Tree Dr. is a County Rd. Please comply with their rules and
regulations accordingly.
Q2O: Section 1.10 Work Schedule, Article A of the DCP states that design
completion is 120 days from NTP, and the construction schedule is substantial
completion within 240 days from issuance of permits and 60 days from substantial
completion to final completion (420 days plus time for permits). Article B of the same
section states that final completion shall be achieved within 420 calendar days,
implying no time for issuance of permits. It appears that Article A is more accurate
so that sufficient time is allowed for obtaining permits. Please confirm.
A2O: Refer to A7 above.
Q21: Please provide the AutoCAD files for the base drawings provided in the
DCP?
A21: Please refer to attached CD with electronic files.
Q22: Please provide the survey files for the base drawings provided in the DCP?
A22: Please refer to attached CD with electronic files.
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REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
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Q23: Please provide the ICPR model for the Central Bayshore South Drainage
Report provided in the DCP?
A23: Please refer to attached CD with electronic files.
Q24: Please confirm existing information on the outfall at Meridian Avenue, such
as TV inspection videos/reports, pipe size and material and any specific rehabilitation
methods which are precluded.
A24: TV inspection videos/reports are not available. Outfall size is 24-
inch and concrete. Rehabilitate outfall pipe removing barnacles, clean,
slip lined from Collins Canal to second manhole, and install a tideflex
valve.
Q25: Please confirm if any easements are required for the new pump station, such
as FPL easements. Please confirm what coordination the City has had with FPL for
power requirements, such as transformers.
A25: Proposer to coordinate with FPL to determine power and other the
technical requirements that are necessary to facilitate the connection to
the power supply. Pump Station located outside of the ROW will require
an easement.
Q26: Please confirm the City will accept grouting old water main as opposed to
removal.
A26: No. See response to Q4.
027: No survey topographic information was present on the CD, please provide.
A27: Please refer to attached CD with electronic files.
Q28: Please provide the as-builts on water mains and existing drainage for the
design.
A28: CADD files for WM asbuilts to be provided. Drainage asbuilt from
PS#2 to Fairgreen Dr to be provided in a CD.
Q29: Please confirm that drainage on Prairie south of W 28th St is not part of this
Design-Build Scope
A29: Correct, Drainage improvements in Prairie Avenue south of W 28th
Street is not part of this project.
Q30: DCP page 5 Section 1.03.E.3 indicates that franchise utility relocation costs
are by the Design Builder. Please clarify this language - Franchise Utility relocation
is typically paid by the franchise utility. Alternately, please provide an allowance for
this cost.
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REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
A30: DBF needs to coordinate with franchise utility on this matter.
Costs above and beyond that of the franchise utility's responsibility
shall be part of the DBF's fees/costs.
Q31: DCP page 7, 1.03J requires a Presentation at each submittal phase.
Typically there is only a CPR meeting with residents at the 60% design level. Please
confirm that only one CPR meeting is necessary.
A31: Meetings and/presentation materials are as stated in the DCP.
Q32: Typos in the Numbering of the Pump Stations DCP Page 9 section c.1 is
contradicting with the drainage report drawings. Please confirm this section should
state"PS#2 at 28th Street and Prairie".
A32: Please see revised section of the DCP below; Stormwater
System Improvements consisting of the removal of the existing
drainage system and the design and construction of an interconnected
drainage system to include new piping, catch basins, manholes, and
the construction of a new stormwater pump station east of existing
PS#2 at 28th Street and Prairie. The pump station complex shall include
a water quality treatment device, trash rack structure, stormwater pump
station, gravity bypass, force mains, energy dissipating structure, and
gravity outfall adjacent to the pedestrian bridge at 29th Street and
Flamingo Drive. The outfall shall be equipped with a manatee grate.
Pump station plans shall include landscaping to provide a visual buffer
to be approved by Planning and Zoning Department.
Q33: DCP page 9 Section 1.04 C.1 - What are the "newly targeted elevations as
requested by owner"? Please provide what that request will be so we may price
them.
A33: Please refer to Section 1.04 C.3, DCP, page 9.
Q34: DCP page 9 Section 1.04 C.3 - Please provide any details on the
requirements, forms, processing on how the City will require the finish floor elevation
reports.
A34: Finish floor elevations should be reported in the topographic
survey.
Q35: Please provide the priority criteria when there is a conflict between the DCP,
Specifications, Details, Reports, exhibits. (We assume the order provided herein).
A35: The conflicts will be addressed on a "case by case" basis. DBF to
submit specific conflicts as RFI's to the City for review.
Q36: Please provide the quantity and size of all the required manatee grates, and
that the City has confirmed the sea walls are in acceptable conditions. (DCP page 9,
Section 1.04 C.5)
A36: The sizes of manatee grates are to be commensurate with the size
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REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
of outfall to be fitted. The sizes of outfalls are to be determined by the
DBF's drainage calculations. Affected seawalls shall be restored
pursuant to current CMB PWD standards regarding elevations (5.7'
NAVD)criteria and type.
Q37: Are there any seawalls on the project that are required to be raised?
A37: Please refer to response to Q36.
Q38: Please provide the procedures for providing/installing the electronic meters.
A38: DBF to provide PWD with the meters to be installed for testing and
calibration three (3) weeks prior date of planned installation. DBF to
also provide PWD with a proposed installation schedule to follow.
Q39: Please provide a list of all the meters requiring replacement.
A39: There are 509 meters in the project area. See attached PDF file
showing size and location on the CD provided.
Q40: DCP page 19, Section 1.04 D.4 - Please provide the hydraulic model for
runoff from the golf course area to be incorporated into this project.
A40 : Per DCP section 1.04 C.6, the intent of the project is to isolate the
golf course drainage from the proposed improvements, utilizing the
existing drainage system parallel to Meridian Ave. See response to Q48.
041: We have identified some discrepancies between CH2MHill and AECOM
resulting in considerable values, please advise which documents to follow.
A41: Please identify the specific discrepancies.
Q42: Please provide the bond form to be used in our price proposal
A42: Included in Sample Contract, Exhibit B.
Q43: Please confirm that the requirements for providing water quality for the
project shall be in accordance with the required permits from any/all pertinent
authorities having jurisdiction.
A43: DBF to conform to the water quality standards of the pertinent
authorities having jurisdiction the requirements for the project.
Q44: DCP page 10, 1.04.c7 work with owner to develop plan for bike path - please
provide more detail for the desired path, i.e. - thickness, materials, minimum
dimensions, easement requirements, locations (next to curbs/5 feet away), etc.
A44: See the CH2MHILL plans in Attached 4 of the DCP for the
proposed alignment of the bike path. See response to Q9 for material.
DBF may, however, modify that design of the bike path in ways
compliant with the DCP.
o ADDENDUM NO.10
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
Q45: More existing topography is required along and within the golf course to
properly determine the height of the berm for the multi-use path and be able to
provide a price based on that volume. Please provide more topography for this area.
A45: All required topographic information is to be obtained by the DBF.
The survey provided in the DCP package is for reference only.
Q46: There is no Risk Assessment section in the DCP, is this intentional?
A46: A design — build contract requires that the design — build firm
assumes all of the risks.
Q47: Please confirm the need for a 48" pipe along the length Meridian Avenue.
A47: Final sizing of the stormwater collection system along Meridian
Avenue shall be the responsibility of the DBF.
Q48: Please clarify the terminology of"by-pass" related to the adjacent golf course.
Is the intent to separate the golf course run off from the Meridian Ave R/W and
adjacent properties, yet still provide drainage a means of outfall for the golf course
and the Meridian R/Ws separately?
A48: Drainage from the golf course is to be isolated from the new
system being constructed for Meridian Avenue. The golf course
drainage will be conveyed via the existing drainage system in Meridian
Avenue to the Collins Canal. The new system within Meridian Avenue
shall be directed to the pumping stations at the corner of Prairie
Avenue and W 28th Street.
Q49: Is there a berm required along the north and west sides of Executive Par 3
Golf Course (park)?
A49: See response to Q48. See DCP section 1.04 C.6, the intent is to
remove sheet flow runoff from the golf course/Park from the project
area. See also response to Q45.
050: DCP page 11 — Please confirm whether the elevation of 3.70' NAVD
references minimum crown of roadway or edge of pavement? Additionally, it says all
road R/W are to be 3.70' this requires clarification. Please clarify.
A50: Minimum "crown of road" elevation shall be 3.70' NAVD and
minimum "back of sidewalk" elevation shall be 3.70' NAVD. The
elevation of 3.7 feet refers to the road crown. Based on the survey to be
performed of existing finished floor elevations, the road shall be raised
to 3.7 feet, where possible without causing adverse conditions on the
adjacent lots. In the event this causes an adverse condition, the
design/ build firm shall work with the Public Works Department to
determine an appropriate elevation for the crown of road.
Q51: DCP page 11 — Please clarify, in detail, what is meant by "rehabilitated
existing gravity outfalls".
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REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
A51: Outfalls need to be designed in accordance with the DCP. See
response to Q24.
Q52: Please confirm that all private property finished floor elevations are higher
than the proposed minimum crown of road elevation of 3.70' NAVD, in order to
maintain positive flow away from the residences. Note that DCP page 11, second
paragraph indicates the "additional design considerations will be made to
maintain positive drainage away from the private lots". Please clarify how this is
to be achieved.
A52: See response to Q50.
Q53: DCP page 13, vii -Appears to require that the private property be re-graded
where the sidewalks are higher than the existing private property, please clarify. This
impacts iron fences, landscaping, large trees on private property, ornaments,
canopies, etc. that cannot possibly be accurately identified or quantified until the final
design is done.
A53: See response to Q50.
Q54: Several properties have eliminated the green area in front of their homes by
filling it in with concrete. Is this to remain? If necessary to remove due to drainage,
must it be replaced? What is the minimum/maximum driveway width and material
type for replacements?
A54: DBF to comply with PWD ROW permit criteria.
Q55: Some properties have floratam sod without irrigation (which looks very poor
right now), are we required to replace it with floratam or use bahia sod instead? Note,
the DCP does not have a provision for irrigation installation within the ROW.
A55: DCP does not require the installation of irrigation. Property
owners, pursuant to City Code are required to maintain the portion of
sod planted in the ROW, fronting their respective property. All sod in
the ROW should be replaced in kind.
Q56: DCP page 14, Sec 104.d.1.h.xvii -Walls, decorative curbs, hardscape, other
landscaping will not be allowed. Please confirm this will be enforced. Note that
removing these items will expedite the grading of the swales therefore leaving them
will incur additional costs to hand grade, but will require resident cooperation and
concurrence.
A56: All non — permitted encroachments except for trees are to be
removed.
Q57: DCP page 13 - Minimum cover on drainage pipes shall be 3 feet, typically its
2 feet please clarify as this could result in many additional conflicts and potential
inverted siphons.
A57: All installation shall be in accordance with PWD standards. See
also DCP section 1.04 D.1.i.iv.
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REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
Q58: DCP -15, Sec 104d1jii - Please confirm that the requirements for providing
water quality for the project shall be in accordance with the required permits from
any/all pertinent authorities having jurisdiction.
A58: see response to Q43.
Q59: Please provide details/information on the LED street lighting requirements,
type, style, photometric plan, spacing, etc.
A59: Please see Exhibit A for LED lighting standard.
Q60: Are there any Wi-Fi City units in this neighborhood? If so, will they need to be
relocated by the Design Builder? Please confirm how many there are, location and
what is the procedure for this relocation? Can any contractor do it or does it have to
be a current City vendor?
A60: City vendor will relocate Wi-Fi City units as required.
Q61: FPL fees are not available at this time; please provide an allowance for this
cost.
A61: FPL fees will be paid by the City.
Q62: DCP — 30 1.19 - Excess material retained by the City. Please provide the
quantity of this disposal the City can take so we can incorporate this saving into our
price.
A62: The City cannot determine this quantity at this time.
Q63: In accordance to the DCP, all crowns needs to raise to 3.7' NAVD, thus what
would be the acceptable procedure to raise sanitary manholes?
A63: Small elevation adjustments maybe accomplish with brick and
mortar or replacing the rim. Larger elevations than 6-inches provide
concrete collar.
Q64: The City breakdown of the bid schedule makes it difficult to convert to cost
loaded schedule resulting in inaccuracies. Could the City revise the bid schedule to
reflect the cost loaded schedule?
A64: For purpose of the bid, the current bid schedule is to be utilized.
The city, however, would be willing to work with the winning bidder to
develop a mutually agreed upon alternatives schedule of values.
Q65: City Ordinance requires for a parking plan and rental to parking spaces.
Would this be enforced for this project? If so, please provide rate and location for
Design/Builder Firm use.
A65: The City's parking ordinances will be enforced. DBF is required to
comply with the city's Parking ordinances, DIVISION 3. -
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLANI31, for
9 ADDENDUM NO.10
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP) (PHASE II)
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example. As such, the.DBF needs to provide for/ arrange for, at his or
her costs, the parking for its employees, associates, etc. • . .
.Q66: What are the procedures for installing new meters? Are there any
prerequisites to installation?
~— _ -- A66: Please see response to Q38� �T
Q67:-Please provide a copy of current permits with MD-DERM, SFWMD, and FDEP •
• A67: Copies of available permits are provided on enclosed CD.
- 068: In the DCP documents, Section 1.08 G (7) (WORK SEQUENCE AND
. PHASING) states that"Construction within the right-of-way of affected roads shall be
scheduled so that all improvements ,are completed at once, and the residents are
only disrupted for one time period." Considering the requirement that the existing
water main on Prairie be REMOVED, disruption to residents will need to occur in
more than one time period. Please verify this will be acceptable.
• - A68: Installation shall be conducted in a manner so that when the
proposed WM has been certified and has been finally accepted by the
City, the transfer of services from the old WM to proposed one shall be
initiated and completed when all of the affected properties can be re-
connected. •
Q69: Please clearly identify the scope of road reconstruction to indicate the extents
intended to be included in this Project. For example, is W 34 Street included? If so, is
it•the entire road or only at the .southern portion of its intersections? There are
discrepancies between the general location.of work described in the DCP (page 8,
• • Section 1.04 B) and the Central Bayshore South Boundaries Exhibit.
A69: 34 St. is not included. Improvements for the roadway with the
project limits that intersect 34 St. shall be limited to the southern
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• portions/south terminus of the curb returns of 34 St.
Q70: Please identify the proposed material to be used at crosswalks (such as
concrete pavers, stamped asphalt, etc.) as both details are included in the Base
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Drawings. .
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A70: The cross-walks shall be standard striped cross-walks per CMB
PWD Std.
• _ . Q71: Please provide a postponement of the submittal Of our price due date, to
. . allow for City responses to both our sets of questions, and.time for us to review and
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apply your responses. Obviously we assume that an addendum with responses and
postponement is forthcoming.,Please confirm.
. • . A71. See Addendum no. 9, issued Feb. 2, 2016. - .
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10 ADDENDUM NO.10
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO ADDITIONAL
QUESTIONS RECEIVED.
All responses to questions or requests for clarifications, including any updates/clarifications
to the form of Agreement, shall be sent to the Proposers in the form of an addendum. 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 RafaelGranadoramiamibe?.chfl_oov
Contact: Telephone: Email:
Kristy Bada 305-673-7000 ext. 6218 kristybada @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP
sub s .
Si, erLly,
.�Am, ,
t,7 enis
Procurement Director
11}I ADDENDUM NO.10
I REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
ICENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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EXHIBIT A -- __ - -
Design Criteria Package (DCP) — Street
Lighting System Criteria
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12 ' ADDENDUM NO. 10- • "
.. REQUEST FOR PROPOSALS.NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
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6. Street Lighting System: The DESIGN / BUILD FIRM shall familiarize itself with
the Design Criteria Package Conceptual Specifications and Plans, the City
of Miami Beach Public Works Manual, and the Basis of Design Report in
order to design and construct the proposed lighting improvements with the
established design guidelines and budget. The DESIGN / BUILD FIRM
shall note that a new street lighting system, using Acorn fixtures, is
proposed for the project. The DESIGN / BUILD FIRM shall coordinate the
removal and relocation of the existing Cobra Head fixtures with Florida
Power and Light (FPL), the DESIGN CRITERIA PROFESSIONAL and the
CITY.
a. The project includes new Acorn lighting throughout the public RAN. The CITY
may decide to utilize the FPL residential lighting program or may choose to
install custom lighting on new electric meters. The DESIGN / BUILD FIRM
shall coordinate with the CITY to assist in the selection of how the street
lighting will be provided. Once decided, the DESIGN I BUILD FIRM will
design accordingly and include all plans necessary for the implementation
of the system.
b. If the FPL program is utilized, The DESIGN / BUILD FIRM shall coordinate
with FPL to determine the extra conduit and junction boxes needed for the
installation of the light system. FPL will provide the conduit and pull boxes
but the DESIGN / BUILD FIRM is to install them in accordance with the
design outlined by FPL.
c. The FPL residential lighting program will result in a per pole charge from FPL
to supply and install the poles. The DESIGN / BUILD FIRM shall
coordinate with FPL for the final design and provide the City with the
invoice. Payment to FPL for the per pole charge shall be paid by the City.
d. The design of the lighting system shall meet the City of Miami Beach
illumination design standard of 0.6 foot-candles for residential areas. Also,
the minimum lights distribution model to minimize shading by trees shall
not exceed a ratio of 4:1. It shall be the responsibility of the DESIGN /
BUILD FIRM to review, revise and finalize the design of the proposed
improvements to meet the intent of the scope of work and budget and all
requirements of the PWM.
13 ADDENDUM NO.10
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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1- 1 - ,i, -. .•••
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_ r EXHIBIT B
Appendix C Cost`Tender Form
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' 1 4 ' ADDENDUM NO.10':' '.
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES,FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE'SOUTH RIGHT OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
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APPENDIX C
/\AIAMIBEACH
Cost Tender Form
REQUEST FOR PROPOSALS ( RFP)
No. 2015- 133-Y G
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
15 ADDENDUM NO.10
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
APPENDIX C— COST TENDER FORM
Section 1 —Certification. 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. 2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS
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.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
State of FLORIDA ) On this day of
20_, personally
appeared before me who
stated that (s)he is the of ,a
corporation, and that the instrument was signed in behalf of the said corporation by authority of its board
of directors and acknowledged said instrument to be its voluntary act and deed.Before me:
Notary Public for the State of Florida
My Commission Expires:
Section 2 - LUMP SUM PRICE - SAMPLE
REQUEST FOR PROPOSALS (RFP)
No. 2015-133-YG
-- - - - DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE -
SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTSFURTHER
BREAKDOWN OF LINE ITEMS INDICATED MAY BE PROVIDED AT THE
DISCRETION OF THE PROPOSER
Item --- Item;Descrip'_tion ' Lum p Sum Pace
1 Professional Services
2 General Conditions
3 Roadway Construction ( including curb&gutter, striping,
signage, sidewalks, swales, MOT) -
4 Street Lighting System installation
5 Water Distribution System Construction
6 Stormwater Collection & Drainage System Construction
7 Stormwater Pump Station installation /upgrades
8' Backup Generators Installation (for Pump Stations) '
9 Multi-use path Improvements
10 . Streetscape Improvements( including landscaping)
11 Allowance: Permit Fees $100,000.00
12 Consideration for Indemnification of City $25.00
13 Cost for compliance to all Federal and State requirements $25.00
of the Trench Safety Act
Grand Total
(numerical value)
ANY LETTERS,ATTACHMENTS,OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE
PROPOSAL MUST BE SUBMITTED IN DUPLICATE.
WRITTEN TOTAL:
PROPOSER(Print):
ADDRESS:
CITY/STATE: ZIP:
FEDERAL I.D.#:
NAME/TITLE OF REPRESENTATIVE(Print):
SIGNED:
(I certify that I am authorized to execute this proposal.) '
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EXHIBIT C
Appendix F Sample Contract
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APPENDIX F
MIAMI BEA
Sample Contract
REQUEST FOR PROPOSALS ( RFP)
No. 2015- 133-Y G
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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SAMPLE
DESIGN/BUILD AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
FOR
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS
Resolution No.
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TABLE OF CONTENTS
ARTICLE I 23
CERTAIN DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS 23
ARTICLE 2 33
INTENTION OF THE CITY AND PRIORITY OF CONTRACT DOCUMENTS 33
ARTICLE 3 34
DESIGN/BUILDER'S DUTIES AND RESPONSIBILITIES 34
ARTICLE 4 53
CITY'S DUTIES AND RESPONSIBILITIES 53
ARTICLE 5 56
EMPLOYMENT CONDITIONS 56
ARTICLE 6 58
PROJECT SCHEDULE AND BREAKDOWN OF PROJECT COSTS 58
ARTICLE 7 69
DESIGN/BUILDER'S COMPENSATION 69
ARTICLE 8 70
APPLICATIONS FOR PAYMENT 70
ARTICLE 9 78
PROTECTION OF PERSONS AND PROPERTY 78
ARTICLE 10 81
BONDS AND INSURANCE 81
ARTICLE 11 81
CHANGES IN THE WORK 81
ARTICLE 12 85
NO DAMAGES FOR DELAY; EXTENSIONS TO THE CONTRACT TIME 85
ARTICLE 13 90
CORRECTION OF WORK 90
ARTICLE 14 91
INDEMNIFICATION 91
ARTICLE 15 92
CLAIMS, DISPUTE AVOIDANCE AND RESOLUTION 92
ARTICLE 16 94
TERMINATION 94
ARTICLE 17 100
SEPARATE CONTRACTS 100
ARTICLE 18 102
GUARANTEES AND WARRANTIES 102
ARTICLE 19 103
PRODUCT REQUIREMENTS/SUBSTITUTIONS 103
ARTICLE 20 103
PUBLIC INFORMATION 103
ARTICLE 21 104
QUALITY CONTROL/QUALITY ASSURANCE 104
ARTICLE 22 104
ADDITIONAL TERMS&CONDITIONS 104
APPENDIX A 114
PROJECT DESCRIPTION AND PROJECT SITE 114
APPENDIX B 115
LIST OF REPORTS AND PROJECT PLANS 115
APPENDIX C 119
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FORM OF FINAL CERTIFICATE OF PAYMENT 119
APPENDIX D 121
PROJECT SCHEDULE 121
QUALITY CONTROL/QUALITY ASSURANCE 122
APPENDIX F 130
APPENDIX G 131
DESIGN/BUILDER'S INSURANCE AND BONDING REQUIREMENTS 131
APPENDIX I 137
FORM OF PERFORMANCE BOND AND PAYMENT BOND 137
CHANGE ORDER FORM/SUBSTANTIAL COMPLETION FORM 143
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DESIGN/BUILD AGREEMENT
THIS DESIGN/BUILD AGREEMENT (this "Agreement") is made as of this day of
, 2015 by and between the City of Miami Beach, Florida, a municipal corporation existing
under the laws of the State of Florida (the "City"), and , a
corporation (the "Design/Builder") (sometimes individually referred to as a "Party" and
collectively referred to herein as the "Parties").
RECITALS
WHEREAS, the City wishes to develop, design and construct the Project (as hereinafter
defined) on a certain parcel of land located in the City, which parcel of land is more particularly
described in Appendix "A" attached hereto (the "Project Site"); and
WHEREAS, pursuant to a Request for Proposals RFP No. (the "RFP"),
the City requested that qualified firms submit proposals to provide all services necessary and
appropriate to design, construct, equip and deliver the Project in accordance with the terms and
conditions of the Contract Documents (as hereinafter defined); and
WHEREAS, the City has selected the Design/Builder to perform design, construction
and other services in accordance with this Agreement and the other Contract Documents (as
defined in Section 1.1 below) for the total lump sum amount of Dollars ($X), as
determined pursuant to Article 7 hereto (the"Contract Price"); and
WHEREAS, the Design/Builder shall either directly or through Subcontractors (as
defined herein) perform the services required under this Agreement and the other Contract
Documents: and
WHEREAS, the Design/Builder is ready, willing and able to perform its respective
services in accordance with the terms and conditions of the Contract Documents as hereinafter
set forth.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties hereby agree as follows:
ARTICLE I
CERTAIN DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS
1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions
used in this Agreement. Additional terms may be defined in other Contract Documents. The
following terms shall have the meanings specified herein unless otherwise stated herein:
"Amendment" means a written modification to the Contract Documents, including any Change
Orders signed by the City and the Design/Builder and Construction Change Directives.
"Applicable Laws" means all laws, codes (including, but not limited to, building codes),
ordinances, rules, regulations,lawful orders and decrees of governmental authorities having
jurisdiction over the Project, the Project Site or the Parties.
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"Consultant" means , who shall be a qualified and properly professionally licensed
design professional in the State of Florida and as otherwise required by any entities, agencies,
boards, governmental authorities and/or any other professional organizations with jurisdiction
governing the professional practice area for which the design professional has been engaged by
Design/Builder and who will perform (or cause to be performed through Design Subconsultants
acceptable to the City) all architectural,- design and engineering services required under this
Agreement and will serve as the "architect of record" and/or "engineer of record" for the Project.
The Consultant shall not be replaced by any other entity, except as otherwise permitted in this
Agreement. Further, any Design Subconsultant that may perform services on behalf of the
Consultant shall be a qualified and properly professionally licensed design professional in the
State of Florida and as otherwise required by any entities, agencies, boards, governmental
authorities and/or any other professional organizations with jurisdiction governing the
professional practice area for which the Design Subconsultant has been engaged by
Design/Builder and/or Consultant to perform professional design services in connection with the
Project. The Design/Builder shall be ultimately responsible for ensuring the Consultant's and all
Design Subconsultants' compliance with the requirements of this Section and any other
provision of the Agreement and other Contract Documents. No Design Subconsultant shall be
replaced, nor will additional entities be added as Design Subconsultants, without the prior
written consent of the Contract Administrator or City Manager. The Design/Builder shall, upon
the request of the City, submit to the City such documentation and information as the City
reasonably requests to evidence the creation, standing, ownership and professional licensure of
the Consultant (and Design Subconsultants), including organizational documents, operating
agreements and professional licensure documentation. However, the City's failure to request
such documentation or evidence and/or failure to enforce in any way the terms and provisions of
this Section, the Agreement and/or any other Contract Documents during the Project does not
excuse, waive and/or condone in any way any noncompliance of the requirements set forth
therein including, without limitation, the professional licensure requirements.
"Change Order" means a written document ordering a change in the Contract Price and/or
Contract Time or a material change in the Work (as defined herein). A Change Order must
comply with the requirements of the Contract Documents.
"C " 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. In all
respects hereunder, City's obligations and performance is pursuant to City's position as the
owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory
authority as a governmental body including, but not limited to, its regulatory authority for code
inspections and issuance of Building Department permits, Public Works Department permits, or
other applicable permits within its jurisdiction, the exercise of such regulatory authority and the
enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred
pursuant to City's regulatory authority as a governmental body and shall not be attributable in
any manner to City as a Party to this Agreement.
"City Commission" shall mean the governing and legislative body of the City.
"City's Contingency" means that separate fund established for the Project, which is
available for City's use at its sole discretion to defray additional expenses relative to
design and construction of the Project, as well as additional expenses expressly
chargeable to the City pursuant to the Contract Documents. The Design/Builder has no
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right or entitlement whatsoever to the City's Contingency, and use of such funds are
subject to the Contract Administrator's and/or City Manager's prior written approval and
issuance of a Change Order by the City at its sole and absolute discretion. Any unused
amounts in City's Contingency remaining at the completion of the Project shall accrue
solely to the City.
"City Manager" shall mean the Chief Administrative Officer of the City. The City Manager shall
be construed to include any duly authorized representatives designated in writing (including the
Contract Administrator) with respect to any specific matter(s) concerning the Project and/or the
Contract Documents (exclusive of those authorizations reserved to the City Commission or
regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project
and/or the Contract Documents).
"Claim" shall mean a demand or assertion by one of the Parties seeking, as a matter of right,
adjustment or interpretation of the Contract Documents, payment of money, extension of time or
other relief with respect to the Contract Documents and/or Project. The term "Claim" also
includes other disputes and matters in question between the City and Design/Builder arising out
of or relating to the Contract Documents. Claims must be initiated by written notice. The
responsibility for substantiating Claims shall rest with the Party making the Claim. All Claims
submitted by Design/Builder must comply with the requirements of the False Claims Ordinance,
Sections 70-300 et seq., of the City Code or shall be forfeited in accordance with the terms of
the False Claims Ordinance and conclusively waived and released.
"Construction Change Directive" means a written order issued by the Contract
Administrator or Project Coordinator which orders minor changes in the Work, but which does
not involve an alteration in the Contract Price or Contract Time.
"Construction Documents" means those documents prepared by (or on behalf of) the
Design/Builder which are actually used to construct the Project, including technical and other
drawings, Shop Drawings, schedules, diagrams, and specifications, setting forth in detail the
requirements for the construction of the Project. The Construction Documents shall set forth in
full all details necessary to complete the construction of the Project in accordance with the
Contract Documents. Construction Documents shall not be part of the Agreement, nor shall they
constitute Contract Documents, until (a) the Design/Builder has submitted completed
Construction Documents to the City and (b) they have been reviewed and approved by the City
and any agencies having jurisdiction in accordance with the procedures as otherwise provided
by the Contract Documents. However, approval by the City shall not in any way be construed,
interpreted and/or deemed to constitute a waiver or excuse Design/Builder's obligations to
ensure the Construction Documents are constructible, in compliance with all Applicable Laws
and in accordance with the Contract Documents.
"Construction Phase" means that period set forth in the Project Schedule beginning on the
effective date as set forth in a Notice to Proceed delivered by the City to the Design/Builder
(NTP2), directing the Design/Builder to proceed with the construction activities necessary to
complete the Project and ending on the date of Final Completion of the Project. The City shall
issue the NTP2 in accordance with the Contract Documents provided Design/Builder has
satisfied all requirements of the Contract Documents. However, the City is not obligated to
immediately issue NTP2 on the date Design/Builder obtains all requisite permits and/or satisfies
the specified conditions precedent for issuance of NTP2. The date of issuance of NTP2 shall be
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determined at the City's sole discretion once Design/Builder has obtained all required permits
and otherwise satisfied all conditions precedent to issuance of NTP2. The Construction Phase
shall include the period required to complete the Construction Documents following the
issuance of NTP2, to the extent such documents remain incomplete.
"Construction Superintendent" means the Design/Builder's representative who shall be
responsible for continuous field supervision, coordination, and completion of the Work, and who
shall maintain a full-time on-site, physical presence at the Project Site. The Construction
Superintendent is responsible for management of the Project Site and tasks including, but not
limited to, organization and coordination of the Work of Subcontractor employees, keeping
cost records on Work performed and materials supplied, controlling of costs in materials and
wages; exercising control over rate of construction progress to assure completion of the
Project within the Project Schedule; inspecting or observing the Work to enforce conformity
to the Contract Documents; and supervising trades, subcontractors, clerical staff, and other
personnel employed in the construction of the Project.
"Contract Administrator" means the City's Capital Improvement Projects "CIP") Office
Director or any other City department charged with administering the Project, or his or her
designee.
"Contract Documents" means this Agreement (including all of the Appendices and Schedules
attached hereto), completed Construction Documents, completed Design Documents (as
defined herein), and any Amendments to any of the foregoing.
"Contract Price" means the lump-sum amount established in the Contract Documents
as the total amount the City is obligated to pay for full and complete performance of all
of the Work required by the Contract Documents including, but not limited to, all labor,
equipment and materials to design, administer, coordinate, provide related certifications,
install and otherwise construct and complete the Project within the Contract Time.
"CIP Inspector/PWD Field Observer" means a City employee charged with observing and
documenting, for internal City purposes only, general observations and conditions of the Project
including, without limitation, the weather conditions, the number of workers present at the time
of observation, general type of work being performed and taking photographs regarding same.
Design/Builder expressly waives any right to assert as a defense to any claim regarding the
Project including, without limitation, any dispute between the City and Design/Builder, and
Design/Builder and any third party, the presence or purported approval or consent of any CIP
Inspector or other City employee conducting any field observations during the Project. The
Design/Builder expressly acknowledges that the purpose of such City employee is to observe
and document for internal purposes only general observations and conditions of the Project, and
in no way is intended to, nor shall be treated as, a person with authority to approve or reject the
Work on behalf of the City or any other entity, or to direct the Design/Builder's Work in any way.
Design/Builder expressly agrees to waive the presence of such CIP Inspector or other City
employee performing field observations as a defense to any Claims involving the Project.
"Contract Time" means the number of days allowed for completion of all Work, as
stipulated in the Contract Documents, and as may be amended by Change Order.
"Days" and/or all references to numbers of days in the Contract Documents, shall be
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construed to mean calendar days, unless specifically noted otherwise. The term
"business days" means a day other than a Saturday, Sunday, Federal holiday or any
day on which the principal commercial banks located in Miami, Florida are not open for
business during normal hours.
"DCP" or "Design Criteria Package" 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.
"Design/Builder" means and its successors and assigns, and is the entity selected
to design and construct the Project pursuant to the Contract Documents, and is the entity which
is responsible for compliance by all Consultants, Design Subconsultants and Subcontractors
with the Contract Documents and shall be liable for the acceptable performance of the Work
and payment of all debts pertaining to the Work.
"Design Criteria Professional" shall mean the individual or entity /which holds a current
certificate as a registered engineer under Chapter 471, Florida Statutes,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/Builder; and evaluate compliance of Project
construction with the DCP. For this Project, the Design Criteria Professional is the
-"Design Documents" means all plans, drawings specifications, schematics and all other
documents which set forth in full the design of the Project and fix and describe in detail the size,
- configuration and character of the Project concerning all items of the Project necessary for the
complete and final preparation of the Construction Documents in accordance with the
requirements of the Contract Documents including, without limitation, all architectural and
engineering elements as may be appropriate. Design Documents shall not be part of the
Agreement, nor shall they constitute Contract Documents, until (a) the Design/Builder has
submitted completed Design Documents to the City and (b) they have been reviewed and
approved by the City and agencies having jurisdiction in accordance with the procedures as
provided by the Contract Documents. However, approval by the City shall not in any way be
construed, interpreted and/or deemed to constitute a waiver or excuse Design/Builder's
obligations to ensure the Construction Documents are constructible, in compliance with all
Applicable Laws and in accordance with the Contract Documents.
"Design Phase" means that period beginning with the City's issuance of a Notice to Proceed
for the Design Phase (NTP1), which notice shall be deemed issued by the City upon the
complete execution of this Agreement during which phase the Design/Builder shall cause the
Consultant to prepare the Design Documents and Construction Documents in accordance with
the Contract Documents. If necessary, City may authorize certain construction Work or portions
thereof to commence during the Design Phase in one or more Notices to Proceed (i.e. NTP 2-A,
2-B, etc.), at City's sole discretion, provided Design/Builder obtains all necessary permits that
may be required in advance thereof and satisfies all requirements of the Contract Documents.
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rt
"Design Subconsultant" means any Subcontractor (including, but not limited to, the
Consultant) who provides architectural, design, engineering or similar professional services,
including the preparation of Shop Drawings, or any services incidental thereto for any part of the
Work. The Design Subconsultant shall be a qualified and properly professionally licensed
design professional in the State of Florida and as otherwise required by any entities, agencies,
boards, governmental authorities and/or any other professional organizations with jurisdiction
governing the professional practice area for which the design professional has been engaged by
Design/Builder and/or its Consultant to perform professional design services in connection with
the Project. No Design Subconsultant shall be replaced:nor will additional entities be added as
Design Subconsultants, without the prior written consent of the Contract Administrator or City
Manager. The Design/Builder shall be ultimately responsible for ensuring all Design
Subconsultants' compliance with the requirements of this Section and any other provision of the
Agreement and other Contract Documents. The Design/Builder shall, upon the request of the
City, submit to the City such documentation and information as the City reasonably requests to
evidence the creation, standing, ownership and professional licensure of the Design
Subconsultants, including organizational documents, operating agreements and professional
licensure documentation. However, the City's failure to request such documentation or
evidence and/or failure to enforce in any way the terms and provisions of this Section, the
Agreement and/or any other Contract Documents during the Project does not excuse, waive
and/or condone in any way any noncompliance with the requirements set forth therein including,
without limitation, the professional licensure requirements.
"Effective Date of this Agreement" means the date this Agreement is fully executed by the
Parties and attested to by the City Clerk.
"Final Completion" means the date upon which all conditions and requirements of the
Contract Documents, permits and regulatory agencies have been satisfied; any documents
required by the Contract Documents have been received by the City; any other documents
required to be provided have been received by City; and the Work has been fully completed in
accordance with the Contract Documents.
"General Conditions" means the direct and indirect costs and expenses for facilities or
performance of Work by the Design/Builder for items which do not lend themselves
readily to inclusion in a separate trade subcontract and which shall be included within
the Contract Price, including, without limitation: (i) wages, salaries, benefits and costs
for onsite and local office Project management staff, supervisory and other technical,
administrative and clerical Project personnel engaged in supervision and management
of the Work on the Project Site, including the Project Manager, Construction
Superintendent, structural superintendent, assistant superintendent, shop drawing
checker, secretary, layout foreman, consultants, estimators, cost controllers,
accountants, office administrative personnel, time keepers, clerks, safety director, safety
coordinator, safety labor, overall project schedule preparation, CPM scheduling and
scheduler costs, cost of periodic site visits for supervisory, inspection, oversight, or
management of the Project by specific "home office" personnel previously approved in
writing by the City; (ii) field/onsite construction offices and supplies including
transportation and set-up of onsite construction office trailers, construction of ramps and
stairs for onsite construction office, interior build-out of onsite construction office, onsite
construction office trailer rental, first aid supplies, reproduction services, monthly office
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supplies, Project reference manuals, field office postage, field office furniture, onsite
construction office computer system and software, installation and equipment of field
computer ISDN line, monthly cost for field ISDN/computer line, onsite construction office
photocopier rental and supplies, plan printing (other than revisions) or document
reproduction used for bidding or information purposes required by the Contract
Documents, long-distance telephone calls, telegrams, postage, package delivery and
courier service, hardwired telephone service, and reasonable expenses of
Design/Builder's jobsite office if incurred at the Project Site and directly and solely in
support of the Work, Project Site photographs, field office express mail/courier charges,
miscellaneous onsite construction office supplies, safety material and equipment, small
tools, equipment or machinery, miscellaneous hand tool rental equipment (other than
that of the subcontractors), hand tool purchase, hand tool repair, hand tool rental, job
radios, jobsite cleaning labor and material, trash containers, final exterior and interior
cleaning materials and labor other than subcontractors, miscellaneous cutting and
patching, traffic control, off duty police officer(s), alarm system and monitoring for
trailers; (iii) surveys, measurements and layout work reasonably required to perform the
Work; (iv) retention/storage of Project records; (v) off-site secure storage space or
facilities approved in advance by the City; (vi) miscellaneous expendable items,
extended jobsite General Conditions, interest on monies retained by the City, escalated
costs of materials and labor, home office expenses or any cost incurred that may be
allocated from offices of the Design/Builder or any of its Subcontractors; and (vii) any
other items typically categorized in the construction industry as "general conditions"
expenses.
"Milestone" means an element or elements of the Work which must be completed within a
specified period of time as described in the Contract Documents.or Project Schedule, and shall
include the specific Milestones set forth in Appendix "D," if any, and further delineated in the
Project Schedule.
"Notice to Proceed" or "NTP"means a written letter or directive issued by the Contract
Administrator to Design/Builder to commence and proceed with portions of the Work as
specified therein or a specific task of the Project, and stating any further limitations on the extent
to which Design/Builder may commence and proceed with the Work. Unless otherwise
approved by the City at its sole discretion, City's issuance of a Notice to Proceed for the
Construction Phase ("NTP2") or portions thereof shall be contingent upon Design/Builder's
obtaining all appropriate permits and satisfying all requirements of agencies having jurisdiction.
However, the City is not obligated to immediately issue NTP2 on the date Design/Builder
obtains all requisite permits and/or satisfies the specified conditions precedent for issuance of
NTP2. The date of issuance of NTP2 shall be determined at the City's sole discretion once
Design/Builder has obtained all required permits and otherwise satisfied all conditions precedent
to issuance of NTP2.
"Notice to Proceed Date" means the date on which the Notice to Proceed is issued to
Design/Builder, or the date stated in the Notice to Proceed as being the Notice to Proceed Date,
whichever is latest.
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"Parties" means City and Design/Builder, and "Party" is a reference to either City or
Design/Builder, as the context may indicate or require.
"Project" consists of, but is not limited to, the following improvements, all as more fully set forth
and described in the Design Criteria Package attached hereto as Appendix H, and as is
contemplated thereby or reasonably inferable therefrom, as described in Appendix A hereto.
"Project Coordinator" means the City employee designated in writing by the City Manager or
Contract Administrator, who shall be the City's authorized representative to coordinate and
facilitate (on behalf of the City in its proprietary capacity as "Owner") all matters related to the
Project.
"Project Manager" means the authorized individual or firm which is the representative of
Design/Builder and who will administer and manage the prosecution of all Work on behalf of the
Design/Builder.
"Project Schedule" or "Schedule" means the City-approved and accepted detailed master
schedule that Design/Builder develops and maintains for the Project, utilizing the latest version
of Primavera software and in accordance with the specifications and other Contract Documents,
and which includes the schedule for achieving the various Milestones, the phasing and
performance of all aspects of the Work including, but not limited to, design, construction,
construction engineering and observation services, testing, project closeout, warranty, City
occupancy dates and all required updates to all of the foregoing, subject to the approval of the
City as may be amended pursuant to a Change Order. At the request of the City, the
Design/Builder shall provide any additional information or further detailed breakdown as to
components of the Work in the Project Schedule.
"Project Site"shall have the meaning ascribed to it in the Recitals.
"Punch list" means the list or lists prepared by the Consultant, incorporating input
provided by the City and/or RPR, identifying matters that remain to be completed to
achieve Substantial Completion and to be completed between achievement of
Substantial Completion and Final Completion in order that Substantial Completion and
Final Completion can be declared by City to have occurred.
"Resident Project Representative" or "RPR" shall have the meaning and duties
ascribed to it in Section 4.7 hereof.
"RFP Proposal Submission" means the response to the RFP submitted by the Design/Builder
during the selection process attached hereto as Exhibit _, including its qualifications and
experience and entity and of its key personnel to be assigned to the Project, and including
other relevant items describing the Design/Builder's capabilities and proposed approach to the
Project. The RFP Proposal Submission is included for reference purposes only and shall not be
incorporated as part of this Agreement, except with respect to Design/Builder's representations
regarding the qualifications and experience of Design/Builder and its key personnel, its
commitment to provide the key personnel listed therein, and its capability to perform and deliver
the Project in accordance with the Contract Documents and consistent with the all
representations made therein.
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"Schedule of Values" means a written schedule setting forth the detailed and itemized cost
breakdown, inclusive of labor, material, general conditions costs, and taxes of all elements
comprising the Contract Price.
"Shop Drawings" means drawings, diagrams and schedules, and other data specifically
prepared by the Design/Builder or its Subcontractors, sub-Subcontractors, manufacturers,
suppliers or distributors to illustrate some portion of the Work.
"Subcontractor" means any person or entity with whom the Design/Builder contracts to
perform any part of the Work or to supply any labor and/or materials in relation to the Work. In
addition, the term Subcontractor shall apply to subcontractors of any tier and suppliers and
materialmen employed on or for the Project pursuant to a subcontract with a Subcontractor or
lower-tier subcontractor.
"Substantial Completion" shall be deemed to have occurred when the Work, as certified in
writing by the Consultant, and determined by the City in its sole discretion, has been developed,
designed, engineered and constructed in accordance with the Contract Documents such that all
conditions of permits and regulatory agencies have been satisfied and the Project is ready for
occupancy, utilization and continuous commercial operation for the uses and purposes intended
by the City, without material interference from incomplete or improperly completed Work and
with only minor punch list items remaining to be completed, all as reasonably determined by the
City and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of
Completion by the authority having jurisdiction; (2) the issuance of a Certificate of Substantial
Completion by the Consultant; and (3) acceptance of such Certificate of Substantial Completion
by the City pursuant to Section 6.11 herein.
"Substantial Completion Date" means the date on which Substantial Completion of the Work
is declared by City to have occurred.
"Surety" means the company which is bound by the performance bond and payment bonds
with and for Design/Builder who is primarily liable and which surety company is responsible for
Design/Builder's acceptable performance of the Work under the Contract Documents and for
the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes.
"Vendor" or "Supplier" means any person who supplies machinery, equipment, materials,
consumables, support services, utilities, etc. to Construction Manager or to any Subcontractor in
connection with the performance of Construction Manager's obligations under the Contract, but
who does not perform labor at the Project Site other than delivery.
"Work" means the design and construction of the Project as set forth in the Contract
Documents including, without limitation, all design, architectural, engineering and other
professional services, permitting services, demolition and construction services,testing and
inspection services, supervision, administration and coordination services and the provision of
all drawings, specifications, labor, materials, equipment, supplies, tools, machinery, utilities,
fabrication, transportation, insurance, bonds, permits and conditions thereof, zoning approvals,
building code changes and government approvals, licenses, tests, quality assurance and/or
quality control inspections and related certifications, surveys, studies, and other items, work and
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services that are necessary or appropriate for the total design, construction, installation,
furnishing, equipping, and functioning of the Project, together with all additional, collateral and
incidental items, and work and services required for delivery of a completed, fully functional and
functioning Project as set forth in the Contract Documents. The Work also includes training in
the use and operation of the completed Project (and components thereof) and completion of any
and all off-site work and improvements that are reasonably required in order for the
Design/Builder to complete the Work (including, without limitation, off-site work which is not
specifically identified in the DCP, but is reasonably inferable therefrom).
1.2. As used in the Contract Documents, (i) the singular shall include the plural, and the
masculine shall include the feminine and neutral, as the context requires; (ii) "includes" or
"including" shall mean "including, but not limited to" and "including, without limitation;" and (iii) all
definitions of agreements shall include all amendments thereto in effect from time to time.
1.3. Whenever it shall be provided in this Agreement that the Design/Builder is required to
perform a service or obligation "at its sole cost and expense" or words of substantially similar
meaning, the Design/Builder shall not be entitled to reimbursement for such item and the cost of
such service or obligation shall not be included in any Application for Payment.
1.4. Contract Documents shall be construed in a harmonious manner, whenever possible.
The general intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Project by the Design/Builder.
1.5. The Contract Documents shall be taken as a whole and are complementary, and any
item of Work called for in any Contract Document shall be as binding as if called for by all, so
that any part of the Work shown or described in any of the Contract Documents, though not
specifically referred to in other Contract Documents, shall be executed by Design/Builder and
binding as a part of the Contract Documents, as well as any Work which, in the sole opinion of
City, may be fairly inferred from the Contract Documents or by normal industry practice.
1.6. Detailed plans shall take precedence over general plans for the same part of the Work.
Specifications and detailed plans which may be prepared or approved by City after the
execution of the Agreement and which may be fairly inferred from the original specifications
and plans are to be deemed a part of such specifications and plans, and that portion of the
Work shown thereby shall be performed without any change in the Contract Price or Project
Schedule. With respect to conflicts between large-scale drawings and small-scale drawings, the
larger scale drawing shall govern, unless otherwise dictated by Consultant.
1.7. Where compliance with two or more requirements is indicated in any of the enumerated
Contract Documents and where these requirements within the Contract Documents conflict in
quantity or quality, the Design/Builder shall comply with the most stringent requirement as
determined by the City, unless specifically indicated otherwise in the Contract Documents.
1.8. As used in the Contract Documents, unless specifically indicated otherwise, references
to an Article include all Sections, Subsections, and items within that Article; references to a
Section include all Subsections and items within that Section; and references to a Subsection
include all items within that Subsection.
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-1.9. Words which have a well-known technical or trade meaning are used herein in
accordance with such recognized Or-Well-known meaning, unless this Agreement otherwise
specifically defines such word.
1.10. The Recitals, Appendices, Exhibits and Schedules attached hereto are expressly
__ _-_ _ incorporated in and made.a part of.this:Agreement_as if fully set forth herein. - —
•
. ARTICLE 2
.- INTENTION OF THE CITY AND PRIORITY OF CONTRACT DOCUMENTS
•
2.1. Intent. The DCP set forth herein and attached as Appendix H is comprised of
documents that indicate the general scope and character of the Work in terms of all applicable
architectural and engineering elements. However, the DCP does not indicate or describe all of
the work required for full performance and completion of the Project. The sizes, quantities,
areas and configurations of the Work, to the extent they appear in the DCP, are all subject to
refinement, detail and modification during the Design Phase as part of the Work. During the
Design Phase, the Design/Builder will, as part of the Work, develop, refine, detail and modify the
design encompassed within the documents as set forth in the DCP as necessary to provide the
City with a fully functional and functioning-Project within the scope and intent of the Contract
Documents and within the Contract Price and the Project Schedule. The Design/Builder shall
. include all such refinements, details and modifications in the Design Documents and
Construction Documents. The Design/Builder expressly understands and acknowledges that
the DCP is not intended to be treated as fully constructible, code compliant Construction
Documents and that Design/Builder shall ensure that its refinements, details and modifications
shall include any and all components necessary to comply with all Applicable Laws, regulations,
ordinances and codes. is the intent of the Contract Documents that the Design/Builder shall
provide all items and services necessary for the proper design, construction, execution and
• completion of the fully equipped and functional Project in accordance with the Contract
Documents, including any and all such. necessary items and services consistent with,
contemplated by, and reasonably inferable from the Contract Documents, whether or not such
items and services are specifically mentioned therein. The Contract Documents are
complementary, and what is required by any-one shall be binding as if required by all.
2.2. Priority of Contract Documents. In'.the event of conflict or inconsistency among the
Contract Documents, the following order of precedence shall govern the interpretation of the
Contract Documents:
'• a. - Amendments to this Agreement (excluding the Design. Documents and the
Construction Documents);
- b. • This Agreement and all Appendices attached hereto (excluding the Design
Documents and the Construction Documents);
• c. Modifications or changes to the completed Construction Documents, as
.• - approved by the City;
• d. . . The completed Construction Documents, as approved by the City;
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e. Modifications or changes to the completed Design Documents, as approved by
the City;
f. The completed Design Documents, as approved by the City;
g: - The DCP and related documents as set forth in Appendix"H;" and
• h. The RFP.
•
In the event of any conflict between the Agreement, as amended, and Division 1 of the Project
- Specifications, the provisions of the Agreement (or Amendment thereto) shall take precedence •
and control. •
ARTICLE 3 V
DESIGN/BUILDER'S DUTIES AND RESPONSIBILITIES
3.1. Performance of Work. The Design/Builder covenants and warrants that it shall be
responsible for performing and completing, and for causing all Consultants, Design
Subonsultants and Subcontractors to perform and complete, the Work in accordance with the
Contract Documents and all Applicable Laws relating to the Project Site and/or the Work, shall
be responsible for completing the Project, shall achieve Substantial Completion by the
Substantial Completion Date, as such date may. be extended pursuant to the terms of this
Agreement, and shall achieve Final Completion of the Project by the date established
therefore in the Certificate of Substantial Completion, as such date may be extended pursuant
• to, the terms of this Agreement. The' Design/Builder shall provide all requested services
according to the capabilities reflected in its RFP Proposal Submission. The services described
. or specified shall not be deemed to constitute a comprehensive specification having the effect of
excluding services not specifically mentioned. Unless otherwise provided in this Agreement, or
as agreed to in writing between City and Design/Builder, the form and content of all systems,
reports, forms and regular submittals by Design/Builder to City shall be subject to prior approval
• . of the City, and Design/Builder shall submit such materials to the City for City's approval prior to
implementation. City's approval thereof shall not limit City's right to thereafter require
reasonable changes or additions to approved systems, reports, forms and regular submittals by
Design/Builder to City.
3.2. Scope.Design/Builder 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, furnish and deliver all of the Work in strict and entire conformity with the
Contract Documents, and in a satisfactory and workmanlike manner, within the Contract Time
and for the Contract Price.
3.3. Professional Standard. The Work, shall be performed in accordance with the
professional standards applicable to projects, buildings, or work of complexity, quality and
scope comparable to the Work and the Project, and shall be performed by the Design/Builder,
Consultant, Design Subconsultants, Subcontractors and specific personnel referred to in the
RFP Proposal Submission or elsewhere in the Contract Documents in accordance with their
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respective degrees of participation provided and represented to the City by the Design/Builder •
from time to time. The'Design/Builder agrees that a Subcontractor shall not be replaced
• unless a substitute entity approved by the City is retained by the Design/Builder. The
• Design/Builder may add a Subcontractor as it deems necessary or appropriate in order to .
• carry out its obligations under the Contract Documents, provided such entity shall be suitably
qualified and shall be subject_to the prior approval of the City. Nothing contained in this -- -
Agreement shall be construed to create any obligation or contractual liability running from the
. City to any such persons or entities, including to any Subcontractors.
•
• . 3.4. Independent Contractor. Design/Builder is an independent contractor and is not an •
agent or employee of City or agent in performing the Work. Except as otherwise provided herein,
Design/Builder shall maintain complete control over its own employees, agents and operations
and those of its Consultant, Design Subconsultants, Subcontractors, Vendors and their respective
employees and agents. Design/Builder hereby accepts complete responsibility as a principal for its
agents, Consultant, Design Subconsultants; Subcontractors, Vendors, Suppliers, their respective
employees, agents and persons acting for or on•their behalf, and all others it hires to perform or
. , assist in performing the Work. .
3.5. Design Documents and Construction Documents. • • '
•
a. Based upon the DCP, the other documents set forth in Appendix "H", and the
• other Contract Documents and all other information furnished by the City, upon receipt of the
NTP1, the Design/Builder shall cause the Consultant (and any Design Subconsultants retained
by the Consultant, if any) to prepare and• submit Design Documents and Construction
Documents to the City for the City's review and approval. The Design/Builder specifically
acknowledges and agrees that (i) the Design Documents shall be consistent with, and develop
in detail, the intent and scope of the DCP; and (ii) the Construction Documents shall, in turn, be
consistent with and develop in detail the intent.and scope of the approved Design Documents.
• The Construction Documents shall include-all drawings and specifications as are necessary to
• obtain required permits and regulatory approvals, shall provide information customarily
necessary for the use of such documents by those in the building trades, and shall include all
documents required for the complete and final construction of the Project, other than such detail
as is customarily developed in Shop Drawings and otherwise during construction.
•
b. •The City's review and approval of the Design Documents and Construction
• Documents shall be conducted in accordance with the procedures set forth in the Contract
Documents. Such review and approval shall not relieve the Design/Builder, Consultant,
Design -Subconsultants, or the Subcontractors from any of its or their responsibilities or
liabilities under this Agreement, or be deemed to be an approval or waiver by the City of any
deviation from, or of the Design/Builder's failure to comply with, any provision or requirement
of the Contract Documents unless such deviation or failure has been specifically identified by
. the Design/Builder in writing and approved by the City in an Amendment to the Agreement.
. Notwithstanding any provision herein to the contrary, the Design/Builder agrees and
• recognizes that the City, in reviewing, approving or rejecting any submissions by the
Design/Builder or other actions of the Design/Builder, in no way assumes or shares any
responsibility or liability of the Design/Builder or its Consultants, Design Subconsultants,
• and/or Subcontractors.
•
• c. Design/Builder. acknowledges and understands that the City selected the
design/build method of project delivery in order to obtain the advantages associated with
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having the builder participate in the design process. Accordingly, throughout the Design Phase,
the Design/Builder shall continually provide value engineering services, all of which services
shall, be performed to assist. the City in reducing design, construction, operation and
maintenance costs with respect to the Project while maintaining or enhancing the Project's
quality; efficiency, integrity, artistic content, functional performance and aesthetics. Particular
attention shall be given to possible economies and identification of options which would —
maximize the benefits the City would derive upon completion of the Work.
•
d. Any value engineering proposal submitted by the Design/Builder shall include,
without limitation, the following: (i) a detailed description of the difference between the
requirements of the Contract Documents (including the DCP) and the proposed changes
and comparative advantages and disadvantages of each; (ii) itemization of aspects of the
Contract Documents (including the DCP) affected by enactment of the value engineering
- • proposal; (iii) a declaration that the proposed changes meet all applicable codes and laws
and will be acceptable to all agencies having jurisdiction; (iv) impact of the proposal upon
both the Contract Price and Project Schedule; (v) other information reasonably necessary
to fully evaluate the value engineering proposal; and (vi) the date by which the City must
accept the value engineering proposal in order for the Design/Builder's cost and time
estimates to remain valid. The Design/Builder shall proceed with the performance of the
Work as required by the Contract Documents and shall not implement any value engineering
or other recommendations unless such recommendations are accepted by the City in writing
in a Change Order or Construction Change Directive.
e. The Parties hereby acknowledge and agree that Design Criteria Professional
will be acting as the City's design consultant throughout the performance of the Work and
Design Criteria Professional pursuant to Section 287.055 of the Florida Statutes. In
connection therewith, the Design/Builder acknowledges that Design Criteria Professional will
.not be the architect or engineer of record for the Project and will not be responsible for the
preparation, adequacy or contents of the Design Documents and Construction Documents
or for the performance of the Work. Further; nothing herein shall be construed as assigning
Design Criteria Professional the responsibility for, or to control, direct or supervise
. construction, or construction means, methods, techniques, sequences or procedures or
safety.measures or programs. .
•
3.6 Permits and Compliance With All Applicable Laws.
a. The Design/Builder shall comply, and shall cause its Consultant, Design
Subconsultants and Subcontractors to comply, with all existing and future Applicable Laws
relating to the Project Site, the Project and the prosecution of the Work; shall obtain all requisite
local, State and Federal licenses to perform the Work including, without limitation, all
professional licenses mandated by the State of Florida to perform the design and construction
services which comprise the scope of Work on the Project; shall timely prepare and file all
documents required to obtain the necessary approvals of governmental authorities having
• jurisdiction over the Work, the Project Site and/or the Project; and shall secure and pay for all
• building. and other permits (and conditions or requirements thereof) and governmental fees,
licenses, approvals, temporary Certificates of Occupancy or Certificates of Completion (and
conditions or requirements thereof), Certificates of Occupancy or completion and inspections . •
necessary for the proper execution of the Work and completion of the Project. The
Design/Builder shall be responsible for providing all logs, inspections, documentation, record
keeping, maintenance, remedial actions, and repairs required by Applicable Laws and/or
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permits including, without limitation, those relating to National Pollutant Discharge Elimination _
Systems_(NPDES) requirements.
•
- b. The Contract Price includes the cost of compliance with all Applicable Laws in
effect as of the Effective Date of this Agreement in order to carry out the Work. In the event
, , that after the date hereof there shall be a material change in any Applicable Laws relating to
the Work that impact the Contract Time or Contract Price, the Project Site and/or the Project,
and if as a result of any such change, the Design/Builder and its Consultant, Design • .
Subconsultant and/or Subcontractors must institute changes in the design and/or
• .construction of the Project or shall be required to incur additional costs in performing the
Work in order to be in compliance therewith, then to the extent that any such change gives
rise to a demonstrable increase in the time required to complete the Work and/or in the cost
to the Design/Builder of completing the affected portion(s) of the Work, as evidenced by
documentation reasonably acceptable to the City, the Design/Builder shall be entitled to an
equitable adjustment in the Project Schedule and/or the Contract Price, as applicable, in
accordance with the procedures set forth in Article 11 hereof. Notwithstanding the foregoing
'or anything to the contrary in this Agreement, the Design/Builder shall not be entitled to an
extension of the Substantial Completion Date, the Project Schedule, or an increase to the
Contract Price in connection with any change or modification to any applicable building code,
• to the extent that such change or amendment to the applicable building code, as applicable
• . to the Project, is enacted prior to the date the Design/Builder is issued the permit to construct
the Project by the City.
•
•
3.7. Services, Facilities. The Design/Builder shall provide, or cause to be provided,
_• :everything required for the orderly progress and proper execution and completion of the Work
• • and. the Project in accordance with the 'requirements of the Contract Documents, whether
• temporary or permanent and whether or not incorporated or to be incorporated into the Work,
including, but not limited to, design, engineering, demolition and construction services,
_ • supervision, fabrication, administration and coordination services, and the provision of all
drawings, specifications, labor, materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation, insurance and other facilities and services.
Design/Builder shall also provide and pay for field engineering services required for the Project.
This work shall include the following elements: (i) survey work required in execution of the
- ` Project; (ii) civil, structural or. other -professional engineering, architectural, landscape
architectural, or land surveying services specified, or required to execute the Design/Builder's
construction methods.
•
•
a. Coordination. The Design/Builder shall coordinate design and construction
requirements with government agencies, utilities, and all other parties either involved in
• infrastructure improvements or otherwise affected by the design and construction requirements
of the Project. Design/Builder shall 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 having jurisdiction including, without
limitation, securing all applicable permits in connection therewith. •
b. - Cooperation. The Design/Builder shall cooperate with and assist the City's
• staff, the City's legal, financial, design and construction consultants and all other consultants
or designated representatives of the City at all times during the development of the Project as
necessary to complete the Project in a manner reasonably satisfactory. to the City.
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•Design/Builder agrees.to meet with Contract Administrator, Project Coordinator and/or their
designees at reasonable times and with reasonable notice.
c. Management/Administration. The Design/Builder shall be responsible for
general management and administration of the Project and prosecution of the Work.
Design/Builder shall be responsible for maintaining the Project plans and reports set forth in _
• 'Appendix B. Design/Builder shall implement and use the City's e-BuilderTM system for data
warehousing and document management.
•
3.8. • Means and Methods. The Design/Builder shall control and coordinate and is
responsible for all construction means, ,methods, techniques, sequences and procedures
relating to the Work. Nothing specified or included in the DCP shall be construed or interpreted
to mean the City and/or Design Criteria Professional assumes such responsibility.
3.9. Reports. The Design/Builder shall prepare and submit to the City, during both the
Design Phase and the Construction Phase, monthly progress reports on the Work accomplished
during the prior monthly period, which reports shall be prepared in a manner and in a format
- _ reasonably acceptable to the City. - .
•
The electronic copy and up to two (2) hard-copies of all monthly progress reports shall be
• submitted to the City at the time of each monthly Application for Payment (as defined in Article 8
hereof), but in no event later than the fifth (5th) day of each month during the period
• commencing with the first Application for Payment and ending with the Final Completion of the
. • entire Project by the City. .Following the first application for payment, such monthly progress
report-shall be submitted each month, even if no application for payment is submitted during
that month. Each monthly progress report shall be a comprehensive and detailed narrative
report on all aspects of the Project during the previous month, and shall include the areas of (i)
Project•cost control and Project Budget, (ii) Project Schedule control, (iii) quality assurance
•program, and (iv) safety program. The monthly progress report shall, in addition to describing
, the Work performed during the previous month, emphasize any problems encountered during
the'month and measures taken or to be taken to correct these problems. The Design/Builder
shall update and submit monthly its "critical path method" ("CPM") progress chart to the City
illustrating progress which has been made, by,reference to such critical path method progress
: chart, and specifically identifying whether the.Work is on schedule or behind schedule and
actions being taken to correct schedule delays or slippage. In addition, the Design/Builder's
monthly progress report shall set forth scheduled and projected progress for the forthcoming
month.
•
3.10. -Design/Builder's Warranty.
• a. Warranty. The Design/Builder warrants to the City that all design, engineering
and other professional services, and all construction services, will be performed in accordance
• with the professional standards described in the Contract Documents, that all work and services
provided under this Agreement will also be performed in a good and workmanlike manner, that
- all materials, supplies and equipment furnished under this Agreement will be of good quality and
new, that the Work (including, without limitation, each item of equipment incorporated therein)
will be of good and workmanlike quality and free from faults, defects and deficiencies in
materials and workmanship, that the_Work will be free from any encumbrances, liens, security
interests, or other defects in title upon conveyance of title to the City, and that the Work will
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conform with the requirements of the Contract Documents; provided, nothing specifically set
forth in this Section 3.10.a shall be deemed a warranty of the design of the Project if such a
warranty would render void or unenforceable any insurance applicable to the design services to
be provided under this Agreement. The Design/Builder's warranty shall extend for a period of
one year from the Substantial Completion Date of the Work, unless a greater warranty period is
applicable; provided, however, that in the event that a Subcontractor Warranty provided
pursuant to Section 3.10.b below shall extend for a term of longer than one year, such extended
term shall be the term of the Design/Builder's warranty for the pertinent portion of the Work; and
provided further, however, that in the event that the Design/Builder or any of its Subcontractors
is required to repair or replace any warrantied item pursuant to this Section 3.10, the warranty
for such repaired or replaced item shall extend from the date of completion of the repair or
replacement through a term equivalent in length to the term of the initial warranty.
b. Subcontractor Warranties. In addition to any requirements in the other Contract
Documents, the Design/Builder shall use its best efforts to obtain additional warranties for the
benefit of the Design/Builder and the City from material and equipment suppliers, vendors and
Subcontractors in relation to their respective portions of the Work. Such warranties shall be in
addition to, and not substitutes for, those warranties mandated to be obtained pursuant to the
Contract Documents.
c. Warranty of the DCP. The Design/Builder 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
Contract Price and within the Project Schedule. Design/Builder warrants to City that the DCP
is consistent, practical, feasible and constructible, and specifically warrants that the Work
described in the DCP is constructible for the Contract Price and within the Project Schedule.
The Design/Builder accepts all liability for, and all risk arising out of, the DCP and by
execution of this Agreement waives any Claim for any errors or omissions in the DCP against
the City, Design Criteria Professional or any of their respective consultants or
Subcontractors. To the fullest extent permitted by law, the Design/Builder agrees to
indemnify, defend and hold harmless City, Design Criteria Professional and its
Subcontractors against any and all Claims arising from or in connection with the
Design/Builder's or its Subcontractors' use of the DCP.
d. Warranty of the Construction Documents. DESIGN/BUILDER HEREBY
WARRANTS AND REPRESENTS THAT THE CONSTRUCTION DOCUMENTS ARE
COORDINATED, CONSISTENT, PRACTICAL, FEASIBLE AND CONSTRUCTIBLE.
WITHOUT ANY CLAIM FOR ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT
PRICE, DESIGN/BUILDER SHALL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES
ARISING FROM ANY AND ALL ERRORS AND/OR OMISSIONS IN THE CONSTRUCTION
DOCUMENTS INCLUDING, BUT NOT LIMITED TO, CONFLICTS IN THE CONSTRUCTION
DOCUMENTS; QUESTIONS OF CLARITY WITH REGARD TO THE CONSTRUCTION
DOCUMENTS; AND INCOMPATIBILITY, OR CONFLICTS BETWEEN THE CONSTRUCTION
DOCUMENTS AND THE EXISTING CONDITIONS, UTILITIES, CODE ISSUES AND
UNFORESEEN CONDITIONS.
e. Design/Builder to Check Drawings and Data. Design/Builder shall take
measurements and verify all dimensions, conditions, quantities and details shown on the
DCP and any other plans or specifications provided to Design/Builder including, but not
limited to, the drawings, schedules, or other data. Failure to discover or correct errors,
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conflicts or discrepancies shall not relieve Design/Builder of full responsibility for
unsatisfactory Work, faulty construction, or improper operation resulting therefrom, nor shall
it relieve Design/Builder of its full responsibility for remediating such condition at
Design/Builder's own sole expense. Design/Builder will not be allowed to take advantage of
any error or omissions whether by way of seeking additional money, time and/or otherwise.
f. Design/Builder Responsible for Location of Utilities. City does not guarantee
that all utility lines are shown in the DCP or any other Contract Documents, or that the ones
indicated are in their true location. It shall be the Design/Builder's sole responsibility to identify
and locate all underground and overhead utility lines or equipment affecting or affected by the
Project. The Design/Builder accepts all liability for and all risk arising out of or relating to the
location of utilities and by execution of this Agreement waives any Claim against the City,
Design Criteria Professional or any of their respective consultants or Subcontractors for any
errors or omissions in the DCP or other Contract Documents with respect thereto.
i. The Design/Builder shall schedule the Work in such a manner that the
Work is not delayed by the utility providers relocating or supporting their utilities. Prior to the
start of construction of any portion of the Work, Design/Builder shall be solely responsible for
arranging for positive underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction. Relocation of water mains
or other utilities for the convenience of the Design/Builder shall be paid by the Design/Builder.
All charges by utility companies for temporary support of its utilities shall be paid for by the
Design/Builder. All costs of permanent utility relocation to avoid conflict shall be the
responsibility of the utility company involved. It shall be the Design Builder's sole responsibility
to coordinate with such utilities, including arranging for payment, if applicable. The City shall not
be obligated in any way to assist in such coordination and, to the extent the City does attempt to
assist or facilitate such coordination with utilities, it shall not in any way be construed or
interpreted as the City's assumption of such responsibility which shall remain solely with the
Design/Builder. No additional payment will be made to the Design/Builder for utility relocations,
whether or not said relocation is necessary to avoid conflict with other lines.
ii. The Design/Builder shall coordinate its activities with any and all public
and private utility providers occupying the right-of-way. No compensation will be paid to the
Design/Builder for any loss of time or delay.
g. Primary Liability. The Design/Builder shall have primary liability with respect
to the warranties set forth in the Contract Documents, whether or not any defect, deficiency
or other matter is also covered by a warranty of a Subcontractor or other third party, and the
City need only look to the Design/Builder for corrective action replacement or
reimbursement. In addition thereto, the Design/Builder's warranties expressed herein shall
not be restricted in any manner by any warranty of a Subcontractor or other third party, and
the refusal of a Subcontractor or other third party to correct defective, deficient or
nonconforming Work shall not excuse the Design/Builder from its liability as to the
warranties provided herein.
3.11. Taxes. The Design/Builder shall pay and shall be responsible for, as part of the Contract
Price, all existing and future applicable Federal, State, local and other sales, consumer, use and
similar taxes, whether direct or indirect, relating to, or incurred in connection with, the
performance of the Work. The Contract Price includes all other Federal, State, local and/or other
direct or indirect taxes which may apply. In the event the City elects to implement a direct
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purchase program for the purchase of materials and equipment to achieve Florida sales tax
savings, Design/Builder shall comply with the provisions set forth in Appendix C with respect to
any such City purchases.
3.12. Access by Others. The Design/Builder shall afford the City, Contract Administrator,
Project Coordinator, and their authorized designees or representatives, safe access to the
Project Site at all times. Access to the Project Site shall also be permitted at all times to all
Federal, State, County and City safety, regulatory and inspection departments, personnel and
agencies and other governmental entities having jurisdiction over the Work and the Project Site.
Design/Builder shall provide proper facilities and construction for such access.
3.13. Use of Site. The Design/Builder shall, prior to any on-site testing and inspection
activities and prior to on-site mobilization for demolition, excavation or construction, prepare a
mobilization plan for the City's review and approval. The Design/Builder shall at all times confine
its operations to the Project Site, or to any lesser area specified by laws, ordinances, permits or
any other Contract Documents.
3.14. Correction of Defective Work. The Design/Builder shall correct Work which does not
conform to the Contract Documents in accordance with the provisions of Article 13 hereof and
the other Contract Documents.
3.15. Patents, Trademarks, Copyrights. The Design/Builder shall pay all royalties and other
fees for any patents, trademarks, copyrights or other proprietary rights necessary for the
execution and completion of the Work. The Design/Builder shall indemnify, defend and hold
harmless the City from and against any and all losses, damages or expenses including, without
limitation, court costs and reasonable attorneys' fees, arising or resulting from any claim or legal
action that any materials, supplies, equipment, processes or other portions of the Work
furnished by the Design/Builder under this Agreement, or the use thereof, constitutes an
infringement and/or violation of any patent, trademark, copyright, trade secret, intellectual
property right or other proprietary right. If any such item is held to constitute an infringement,
and the use of such item is enjoined, the Design/Builder shall, at its sole expense (in addition to
the Design/Builder's indemnification obligation described above and any other remedies the City
may have under this Agreement), either procure the right to use the infringing item, or replace
the same with a substantially equal but non-infringing item, or modify the same to be non-
infringing, provided that any substitute or modified item shall meet all the requirements and be
subject to all the provisions of this Agreement. The terms and provisions of this Section 3.15
shall survive the termination or expiration of this Agreement.
3.16. Rubbish; Debris; Cleaning. During the performance of the Work, the Design/Builder
shall at all times, as part of the stipulated Contract Price, keep the Project Site and adjacent
streets, properties and sidewalks free from waste materials, debris and/or rubbish, and shall
employ adequate dust control measures. If accumulation of such materials, debris, rubbish or
dust constitutes a nuisance or safety hazard or is otherwise objectionable in any way as
reasonably determined by the City, the Design/Builder shall promptly remove the same at its
sole cost and expense.
a. The Design/Builder shall use its best efforts to assure that no burning of trash,
debris or roofing bitumen containers by the Design/Builder or its Subcontractors occurs on
the Project Site and that no dust or trash from Work in progress creates a public nuisance. In
the event of any such occurrence, the Design/Builder shall promptly cause the abatement
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•
•
•
•
•
thereof. The Design/Builder shall. remove all spillage and tracking arising from the
performance. of the Work from streets and sidewalks around the Project Site, and shall
establish.a regular maintenance program of sweeping and hosing to minimize accumulation
, of dirt and dust upon such areas. If the Design/Builder fails, promptly after written notice from
the City, to keep the Project Site and the•surrounding properties clean, the City may . •
thereafter perform any such cleaning services and deduct the cost of those services from .
amounts otherwise payable to the Design/Builder under this Agreement. No assumption by
the City of such cleaning services shall waive any future obligation of Design/Builder to
perform said services. Further, The City's deduction of the costs of those services from -
amounts otherwise payable to Design/Builder under the Agreement shall not constitute a
waiver of the City's right to place Design/Builder in Default for such noncompliance.
b. Upon Substantial Completion of the Work, or any portion or component thereof
acceptable to the City, the Design/Builder:(i) shall remove from the Project Site, or applicable
portion thereof, all tools, construction equipment, machinery, surplus materials, waste materials
and rubbish, and (ii) shall leave the Project Site, or applicable portion thereof, in a thoroughly
clean condition, and perform any other cleaning services described in Division 1. The
Design/Builder shall re-perform any such after the Substantial Completion Date to the
extent the same is necessary or appropriate due to any Work performed by the Design/Builder
after such date.
• c. All Work shall be cleaned using only specific materials recommended for the
surfaces to be cleaned. Damage to any surfaces due to improper cleaning methods or materials
. used by the Design/Builder or its Subcontractors shall be repaired and replaced by the
Design/Builder at its sole cost. •
3.17. Members of Design/Builder's Team. The personnel and firms presented in the
Design/Builder's RFP Proposal Submission shall staff key positions including, but not limited to,
the Design/Builder, Consultant, Subconsultants, Project Manager and Construction
Superintendent, if specified ("Key Personnel"). Such Key Personnel shall remain assigned to
the Project through the duration of this Project and shall not be reassigned without the prior
written approval of the Contract Administrator, unless the individual has left the employment of
the Design/Builder. The City will not unreasonably withhold its consent to additions of or
substitutions for, Key Personnel, with new personnel of comparable qualifications in the
event of death, promotion, retirement, job changes, firing, failure to perform or other good
cause shown. The Construction Superintendent and Project Manager shall be authorized to
act on behalf of the Design/Builder to coordinate, inspect, and provide general direction of the
• Work in progress. The Design/Builder's Construction Superintendent shall be assigned to the
Project , on a. full-time basis, on-site,' for 100% of his/her time, with no allocations or
commitments to other clients or projects, and shall be competent, and English-speaking.
a. Responsibilities of Design/Builder's Project Manager. Design/Builder herein
• . represents that its Project Manager, at a minimum, will provide the following services:.
is, If 'not selected earlier or identified as part of the RFP Proposal
• Submission, at least thirty (30) days prior to the commencement of the Construction Phase
of the Project, the Design/Builder will identify and provide the qualifications of a suitably
qualified and experienced Project Manager who will be full time, on site at the Project, for
100% of his/her time.
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•
ii. Design/Builder will use reasonable efforts to have the same Project
Manager on the Project full time to its conclusion, and any new proposed Project Manager
shall first be approved in writing by Contract Administrator before permanent assignment;
City's approval shall not be unreasonably withheld.
iii. The Project Manager will conduct weekly on-site meetings with the
Design/Builder and its Subcontractors at regular times, as previously agreed upon and
approved by the Project Coordinator, and shall issue weekly reports on the progress of the
Work and the minutes of the previous weekly on-site meeting.
iv. Project Manager will be the lead representative of Design/Builder with
the primary responsibility for the administration of all of Design/Builder's Work.
v. The Project Manager shall maintain and monitor the CPM Project
Schedule, subject to Project Coordinator's prior written approval, and implement updates as
required.
vi. The Project Manager shall coordinate the processing of shop drawings
and material submittals.
vii. The Project Manager will endeavor to achieve satisfactory
performance by Design/Builder and, if required by the Consultant or City, shall cause for
corrections to Design/Builder's Work including, but not limited to, maintaining punch lists
and observing testing.
viii. The Project Manager will monitor and maintain oversight of the cost of
the Project, including payment applications and the preparation thereof.
ix. The Project Manager will assist in the preparation of record drawings
or Construction Documents, and shall transmit to the Consultant requests for additional
information concerning the design. The Project Coordinator shall be copied on these
requests for monitoring purposes.
x. The Project Manager will observe testing and start-up activities of all
equipment, machinery and utilities to ensure a fully operational Project.
xi. The Project Manager will secure all equipment brochures and
warranties from the Design/Builder and Subcontractors.
xii. The Project Manager will coordinate the correction and completion of
the Work including that required by any and all punch lists.
b. Other Personnel. At any time, the Contract Administrator has the reasonable
right to request removal and replacement of any of Design/Builder's personnel. Once in place,
the Design/Builder shall not change any person filling a position listed in the organizational
charts without the prior written consent of the Contract Administrator unless the City requests it
or unless the person is leaving the employ of the Design/Builder. The employee(s) of the
Design/Builder and Subcontractors shall be considered to be at all times employee(s) of the
Design/Builder or the Subcontractors, as applicable, and not an employee(s) or agent(s) of the
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City or any of its departments offices or divisions. The Design/Builder and Subcontractors
agree to adjust staffing levels or to increase or replace any staff personnel if so requested
by the Contract Administrator or its designees, should the Contract Administrator make a
determination that said staffing is unacceptable or that any individual is not performing in a
manner consistent with the requirements for such a position.
c. Responsibilities of Consultant. Design/Builder herein represents that
Consultant, at a minimum, will provide the following services:
i. Consultant shall perform all of the architectural and engineering services
necessary to describe, detail and design the Project consistent with the DCP and in accordance
with all requirements of the Contract Documents and Applicable Laws.
ii. Consultant shall design the Project so as to comply with Applicable Laws.
iii. Consultant shall prepare the Construction Documents, 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.
iv. Consultant shall submit the Construction Documents to the Design
Criteria Professional, with a copy to Contract Administrator, for the Design Criteria
Professional's review and approval of the Construction Documents as being in general
conformance with the DCP. Design Criteria Professional's confirmation of the Construction
Documents as being in general conformance with the DCP shall not constitute acceptance of
any design work which does not comply with Applicable Laws and/or the Contract Documents,
nor shall it excuse any obligations of the Consultant to comply with the DCP, Applicable Laws
and/or the Contract Documents.
v. Consultant shall assist in the administration of construction including, but
not limited to, review and certification of all Applications for Payment for Work performed in
compliance with the Contract Documents; the approval of materials, equipment, and apparatus
used in the Work; and architectural and engineering inspections of all construction Work.
Consultant's certification for payment shall constitute a representation to the City, based on the
Consultant's observations at the Project site and on the data comprising the Design/Builder's
Application for Payment, that the Work has progressed to the point indicated and that, to the
best of the Consultant's knowledge, information and belief, the quality of the Work is in
accordance with the Construction Documents, the DCP and/or any other applicable Contract
Documents. The Consultant shall attend Project construction meetings to facilitate the
prosecution of the Work.
vi. The Consultant shall have a representative at the Project Site to observe
the progress and quality of the Work. On the basis of its on-site observations as an architect or
as an engineer, the Consultant shall ensure (i) the faithful performance of the Contract
Documents; and (ii) that the Work has been or is being installed in accordance with the Contract
Documents before allowing it to be covered. The Consultant shall be obligated to provide the
Design/Builder and the City with written notice of any defects or deficiencies in the Work
observed by the Consultant within five (5) days from date of discovery. With respect to Work
which requires inspection prior to covering under the Contract Documents, the Consultant shall
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not certify any such Work for payment if it has been covered prior to the Consultant's inspection
and approval. If the Design/Builder does not, within a reasonable period of time, remedy to the
reasonable satisfaction of the Consultant the defective or deficient conditions so reported to the
Design/Builder, the Consultant shall provide both the Design/Builder and the City with written
notice of the defective or deficient condition not remedied and the Consultant's recommendation
of the actions that are necessary to remedy such condition with an estimated time period within
which such actions could reasonably be performed.
vii. Consultant shall reject Work which does not conform to the Contract
Documents, provided that the Consultant obtains the prior written consent of the Project
Coordinator.
viii. Consultant may render interpretations (in writing or in the form of
drawings) necessary for the proper execution of the Work and/or relating to interpretations of
the requirements of the Construction Documents, on written request of the Resident Project
Representative or Project Coordinator. All such written interpretations must be consistent with
and conform to all requirements of the DCP and the Construction Documents.
ix. The Consultant shall review, approve, reject or take other appropriate
action pertaining to construction-related inquiries and submittals, such as shop drawings,
product data and samples. All of Consultant's actions related thereto shall conform to the DCP,
the Construction Documents and Applicable Laws.
x. The Consultant shall prepare draft Change Orders for the City's review,
with supporting documentation and data, subject to City's approval in accordance with the
Contract Documents. If a Change Order is approved, Consultant shall prepare and finalize the
updated Construction Documents required to implement the Work associated with the Change
Order.
xi. 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.
xii. Consultant shall conduct inspections to assist the City in its determination
of Substantial Completion, any Milestones (as applicable) and Final Completion, and shall
receive and review for compliance with the Contract Documents all written warranties and
related documents required pursuant to the Contract Documents to be assembled and
furnished to the City upon Substantial Completion and Final Completion. Consultant shall not
tender any Certificate of Substantial Completion to the City for its final determination of whether
Substantial Completion has been achieved, unless and until the Consultant has determined to
the best of its knowledge, information and belief that the Design/Builder has achieved
Substantial Completion of the Work (or portion or component thereof covered by such
Certificate) in accordance with the Contract Documents.
xiii. The approved and permitted Construction Documents shall constitute a
representation by Consultant to City that the Project, if constructed as required by the Contract
Documents, will be fully functional, suitable and sufficient for its intended purposes. No action
or omission by City shall waive or excuse Design/Builder's obligations under the Agreement
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and/or other Contract Documents and that Design/Builder shall remain fully liable for all work
performed by Consultant including, without limitation, any design errors or omissions.
3.18. Records. At all times during the Design Phase and the Construction Phase, and for a
period of five (5) years after Substantial Completion of the Project, the Design/Builder shall
preserve, and the City shall have access during reasonable business hours to, all documents,
books and records of the Design/Builder relating to the Project and covering the period from and
after the Contract Date through the completed performance of this Agreement including, without
limitation, all bids and bid documents received by the Design/Builder from Subcontractors,
permitting records, plans and drawings, submittals and correspondence.
3.19. Construction Documents; As-builts; Surveys.
a. The Design/Builder shall maintain in good order at the Project Site at least one
record copy of the Construction Documents (including drawings, specifications, and the like),
addenda, product data, samples, Shop Drawings, Change Orders and other Amendments,
marked currently to record changes made during construction. These shall be available to the
City for inspection at all times. Upon completion of the Project, these record Construction
Documents, addenda, product data, samples, Shop Drawings change orders and other
Amendments shall be delivered to Contract Administrator.
b. City, through its Contract Administrator, shall have the right to require
Design/Builder to modify the Construction Documents, to supplement same with additional
plans, drawings, specifications, or additional information that 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 things which, in the opinion of the Contract Administrator, may reasonably be inferred
from the Contract Documents including, but not limited to, the Construction Documents, shall be
executed by Design/Builder under the terms of the Contract Documents. The Contract
Administrator shall determine whether said Construction Documents conform to the Contract
Documents.
c. Design/Builder shall be solely responsible for establishing and maintaining a line
and grade in the field. Design/Builder shall maintain an accurate and precise horizontal and
vertical record of the existing pavement conditions; final pavement conditions; and all pipe lines,
conduits, structures, underground utility access portals, handholes, fittings, and similar items
encountered or installed during construction. Design/Builder 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.
d. Final "as-built" drawings which accurately reflect the "as-built" conditions of the
new facilities shall be supplied on compact discs ("CD"), not compressed, in a multi-layered,
manipulable, Autodesk AutoCAD Version 2010 format (or the most current format then being
used by the City) or other format specified by the City, and shall be delivered to the City upon
Final Completion of the Project and prior to Final Progress Payment pursuant to Article 8,
together with a final "as-built" critical path method schedule. If the Design/Builder or its
Consultant prepares any of the Design Documents or Construction Documents on Building
Information Modeling ("BIM") software, the Design/Builder shall furnish the City with such
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documents on CDs in multi-layered, manipulable format, along with notice of the specific
version of the BIM software used to produce the documents. The verifiable evidence of
progress with "as-built" information, as required by Article 8, shall be submitted on Mylar at least
once a month 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 to the City
prior to the Final Progress Payment.
e. The City requires two (2) paper copies of the as-built drawings, three (3) sets of
CDs with CAD files of the as-built drawings, and three (3) sets of CDs with pdf files of the as-
built drawings all of which shall be clearly legible. A copy or copies of each such document
shall also be retained by the Design/Builder. The Design/Builder shall also comply with all
other documentation requirements set forth in the Contract Documents.
f. Within thirty (30) days of NTP1, the Design/Builder shall inspect the Project Site
and furnish to the City a certified line and grade survey, prepared by a surveyor licensed in
the State of Florida in accordance with the Minimum Standard Detail Requirements for Land
Title Surveys adopted in 1999 by the American Land Title Association and the American
Congress of Surveyors and Mappers, and a certified survey of the physical condition of the
Project Site, prepared by a qualified engineering firm..
i. The line and grade surveys will locate and protect control points prior to
starting site work, and will preserve all permanent reference points during construction.
No changes or relocations will be made without prior written approval of the Contract
Administrator. 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.
ii. 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 Florida law and any other Applicable Laws. Replacements shall be
established based upon original survey control.
iii. In addition, as part of the Work, the Design/Builder shall within thirty (30) days of
the Substantial Completion Date, furnish to the City another certified survey of the Project Site
(with the Project located thereon) prepared by a surveyor licensed in the State of Florida in
accordance with the Minimum Standard Detail Requirements for Land Title Surveys adopted in
1999 by the American Land Title Association and the American Congress of Surveyors and
Mappers.
3.20. Number of Submittals. Certain Design Documents and Construction Documents are
required pursuant to the Contract Documents. (to be submitted and/or provided by the
Design/Builder to the City). In addition to the document submittal requirements set forth
elsewhere in the Contract Documents, the Design/Builder shall submit the following documents
to the City as soon as they are available and shall submit the minimum number of copies listed
below:
a. Drawings: Submit one set of full-sized reproducible drawings in native
AutoCAD format and one copy in .pdf format; one 11" x 17" set of reproducible drawings;, one
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set of half-sized reproducible drawing one set; of half-sized blue-line drawings; and one
electronic copy of the drawing so that the City may reproduce drawings as needed.
b. Narratives: For all narrative documents (including documents referenced in
Appendix B and (the Project specifications), submit one paper copy and one electronic copy
thereof.
c. Progress Reports: Design/Builder shall submit with at least one hard copy and
at least one electronic copy (in both .pdf and native file format) of all reports specified in
Appendix B, and Project Schedules and Updates thereto. . The City shall have no obligation to
review and/or approve Progress Reports, Project Schedules and Updates or any such other
documents, except as specifically set forth herein.
d. Shop Drawings: Provide quantities required pursuant to the terms of Division 1
of the Project specifications. The City shall have no obligation to review and/or approve Shop
Drawings.
e. Product Data: Provide quantities required pursuant to the terms of Division 1 of
the Project specifications. The City shall have no obligation to review and/or approve product
data.
f. Samples: Provide quantities required pursuant to the terms of Division 1 of the
Project specifications. The City shall have no obligation to review and/or approve samples.
g. Quality Control and Testing Laboratory Reports: Provide one paper and
one electronic copy, both upon submittal to the Consultant, and upon return by the
Consultant with its comments and directions. The City shall have no obligation to review
and/or quality control and testing laboratory reports. The City's receipt, review and/or
approval of such reports shall not in any way constitute approval or acceptance of the Work
which is the subject matter thereof. The Design/Builder remains fully responsible for
ensuring its receipt, review and approval of all such reports and the contents thereof to
ensure the Work is in conformance with the Contract Documents.
h. Contract Agreements: Provide one paper and one electronic copy of all
agreements by, between or among Design/Builder, Consultant, Design Criteria Professional
Design Subconsultants, and any Subcontractors. The City shall have no obligation to review
and/or approve any of the foregoing agreements.
Guarantees and Warranties: Provide, at a minimum, three (3) copies of all guarantees,
warranties, maintenance instructions and manuals, operating manuals, catalogs and operational
data that relate to the Project or its components. The City shall have no obligation to review
and/or approve any of the foregoing materials.
If requested by the City, the Design/Builder shall also submit any of the preceding documents
on compact disc (and in a format reasonably acceptable to the City).
In addition to the number of copies specified above in (a) through (i), the Design/Builder shall
provide to the City six (6) copies of each document provided to the City (in its regulatory
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capacity) and all other governmental bodies in their role as regulatory agencies, simultaneously
with their delivery to the City or such other governmental bodies.
3.21. Availability of Protect Site. Subject to the terms herein, the City shall deliver the
Project Site or parcels thereof (as depicted in Appendix "A" attached hereto) to the
Design/Builder for purposes of commencing demolition, excavation, remediation and
construction activities on the date described in the appropriate Notice to Proceed.
a. Use of the Project Site or any other City-owned right-of-way for the purpose of
storage of equipment or materials, lay-down facilities, pre-cast material fabrication, batch plants
for the production of asphalt, concrete or other construction-related materials, or other similar
activities, shall require advance written approval by the Project Coordinator. If approved by the
City at its sole and absolute discretion, use of the Project Site or any other City-owned right- of-
way for the foregoing storage purposes at any given point in time shall be expressly limited to
equipment necessary for the then current and active prosecution of the Work and shall be
comprised of no more than two (2) weeks' worth of materials or products to be incorporated as
part of the Project within the next month, as noted in the most recent approved Project
Schedule. The City may, at any time, in its sole and absolute discretion, revoke or rescind such
approval for any reason. Upon notice of such rescission, Design/Builder shall, within twenty-
four (24) hours, remove and relocate any such materials and equipment to a suitable, approved
location.
b. Notwithstanding any other provision in the Contract Documents to the contrary,
the conditions or requirements of right-of-way permits established by the authorities having
jurisdiction including, without limitation any regulatory authorities of the City, shall take
precedence over any provision in the Contract Documents that may provide any right
whatsoever to use of the Project Site for staging, material and equipment storage, lay-down or
other similar activities.
3.22. Testing and Inspection; Responsibility. In addition to the tests and inspections
provided for below and elsewhere in the Contract Documents, the City shall have the right (but
not the obligation) at any time to inspect or test any portion of the Work or the Project.
a. The Design/Builder shall perform and/or obtain all tests and inspections
necessary to ensure the proper execution and completion of the Work including, without
limitation, all tests and inspections provided for by the Contract Documents (including, but not
limited, to any tests and inspections pursuant to Appendix E or by laws, ordinances, rules,
regulations or orders of governmental authorities, including the City). The Design/Builder shall
make arrangements for tests and inspections conducted by any independent testing laboratory
engaged by the City, or tests or inspections conducted by any agency having jurisdiction. The
City's direct engagement of any independent testing laboratory or agency shall in no way be
construed, interpreted or deemed as the City's assumption of any obligations or requirements of
Design/Builder to ensure such testing and inspections are performed, to review and analyze the
results thereof and to properly address any portions of the Work which fail to meet the
acceptable standards or requirements for which such test or inspection was conducted to
evaluate. Rather, the City's engagement of such independent testing laboratory or agency
should be interpreted as for convenience of payment purposes only. The Design/Builder shall
give the City timely notice of when and where tests and inspections are to be made so the City
and/or the Resident Project Representative may observe such procedures. Inspections shall be
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made promptly and, where practicable, at the source of supply. If Work should be covered up
without required inspection/approval, it must, if required by the Contract Administrator or
Consultant, be uncovered for examination, and properly restored at Design/Builder's expense.
b. If the Contract Administrator determines that the Work, portions thereof, or
goods, materials or components required as provided for by the Contract Documents, require
additional testing or inspection not included under the above paragraph, the City may instruct
the Design/Builder to make arrangements for such additional testing or inspection (including
uncovering the Work) as part of the stipulated Contract Price by an entity acceptable to the
City, and the Design/Builder shall give timely notice to the City of when and where such tests
and inspections are to be made so the City may observe such procedures. The City's
presence during any such testing or inspections shall in no way be construed, interpreted
and/or deemed to constitute acceptance of such testing or inspection (including the
procedures implemented) or the results thereof.
c. The Contract Administrator may order re-testing or re- inspection of Work
(including uncovering thereof at any time in its sole discretion). If re-testing or re- inspection of
Work is found to be in accordance with the Contract Documents, the City shall pay the cost of
re- inspection, re-testing and replacement. If such Work is not strictly in accordance with the
Contract Documents, Design/Builder shall pay such cost.
3.23. Local Conditions; Site Conditions.
a. Local Conditions. The Design/Builder represents and warrants that it has taken
all steps reasonably necessary to ascertain the nature and location of the Work, and that it has
investigated and satisfied itself as to the general and local conditions which can affect the
Project, the performance of the Work and/or the Project Site including, but not limited to i)
conditions bearing upon transportation, disposal, handling, and storage of materials; ii) the
availability of labor, water, electric power, and roads; iii) uncertainties of weather and observable
physical conditions at the Project Site or otherwise affecting the Project, including sub-tropical
and/or coastal conditions in South Florida; iv) the adequacy of the Project Site for lay-down,
storage and parking in accordance with Applicable Laws and permit requirements of agencies
having jurisdiction; and v) the character of equipment and facilities needed prior to and during
the performance of the Work. The Design/Builder agrees that it bears all risk associated with
any general or local condition that can affect the Project, the Project Site and/or the
performance of the Work. Any act or omission by the Design/Builder with respect to the actions
described and acknowledged in this subsection will not relieve the Design/Builder from
responsibility for properly estimating the difficulty and cost of successfully performing the Work,
or as time is of the essence for proceeding to successfully perform the Work within the Project
Schedule and the Contract Price. In confirmation and furtherance of the foregoing, the
Design/Builder acknowledges and agrees that it shall not be entitled to an adjustment in the
Project Schedule, the Substantial Completion Date or the Contract Price, based on general or
local conditions affecting the Project, the Project Site and/or the performance of the Work, and
the Design/Builder hereby waives and releases City from any and all Claims associated
therewith.
b. Site Conditions. The Design/Builder acknowledges and agrees that it has
satisfied itself as to what the Design/Builder anticipates will be the character, quality and
quantity of soil, surface and subsurface materials or obstacles that may be encountered by the
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Design/Builder at the Project Site including, but not limited to, the nature or amount of any kind
of soil material, the location of any utilities or structures on the Project Site, the composition or
condition of any utility or structure and its contents, the fitness of any material for use as fill or
drainage, or the amount of water to be expected, and that the entire cost risk of such matters,
as well as any soil, surface, subsurface/underground, concealed, unknown, known, latent or
other conditions (collectively, the "Site Conditions"), shall be borne by the Design/Builder as part
of the Contract Price unless such conditions could not have reasonably been identified upon
reasonable investigation by the Design/Builder. City makes no representations or warranties
whatsoever as to the Site Conditions. Any information provided by City relating to Site
Conditions is provided as advisory only, as Design/Builder recognizes and agrees that Site
Conditions may vary from those observed by City. Without limiting the generality of the
foregoing, but rather in confirmation and furtherance thereof, the Design/Builder agrees that it
shall have no Claim for any increase in the Contract Price in the event that Site Conditions are
encountered or discovered at the Project Site in the performance of the Work where such
conditions could reasonably have been identified upon reasonable investigation thereof. The
Design/Builder expressly acknowledges and agrees that its pricing of the Work and the
determination of the Contract Price were expressly based upon the Design/Builder's assuming
the foregoing cost risks of Site Conditions.
i. If Site Conditions that could not have reasonably been identified by
Design/Builder upon prior investigation are encountered at the Project Site that are materially
differing from those indicated in the Contract Documents, or if unknown physical conditions of
an unusual nature differ materially from those ordinarily encountered and generally recognized
as inherent in the Work provided for in the Contract Documents are encountered at the Project
Site, Design/Builder shall promptly notify the City within two (2) business days of the specific
materially differing Site Conditions before the Design/Builder disturbs the conditions or performs
the affected Work.
ii. Upon receipt of written notification of differing Site Conditions from the
Design/Builder, the City will investigate the Site Conditions and, if it is determined that the Site
Conditions materially differ and cause an increase or decrease in the cost or time required for
the performance of any Work, an equitable adjustment may be made in accordance with Article
11 herein and the other Contract Documents. An adjustment for differing Site Conditions shall
not be allowed, and any Claim relating thereto shall be deemed conclusively waived, if the
Design/Builder has not provided the required written notice within two (2) business days of
discovery of the Site Conditions, or has disturbed the Site Conditions prior to City's examination
thereof. Should the City determine that the Site Conditions of the Project Site are not so
materially different to warrant a change in the Contract Price or Contract Time or any other
terms of the Contract Documents, Design/Builder shall be notified of the reasons in writing, and
such determination shall be final and binding upon the Parties hereto.
iii. For purposes of this Section 3.23, a "materially differing" Site Condition is
one that (1) is not identified in the Contract Documents and is not reasonably inferable
therefrom; (2) could not have reasonably been identified by Design/Builder upon prior
investigation, provided Design/Builder reasonably undertook such prior site investigation; and
(3) requires a change to the Work that increases Design/Builder's costs and/or impacts the
critical path for completion of the Work.
iv. Where Site Conditions delay the Project, and said delay could have been
avoided by reasonable investigations of the Project Site at any time prior to commencement of
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the Work in question, such delay shall not be considered to be an Excusable Delay beyond the
control of the Design/Builder, and no time extension shall be granted pursuant to Article 9. No
request for an equitable adjustment or change to the Contract Time for differing Site Conditions
shall be allowed if made after the date certified as the Substantial Completion Date.
3.24. Subcontractors; Design Subconsultants.. Design/Builder agrees to bind specifically
every Consultant, Subcontractor and Design Subconsultant to the terms and conditions of the
Contract Documents for the benefit of the City, and shall incorporate all applicable terms and
conditions of the Contract Documents into any and all Consulting Agreement, Design
Subconsulting Agreements and Subcontracts, to the full extent of the Work to be performed by
each Consultant, Design Subconsultant and Subcontractor. Design/Builder shall submit a copy
of each Consulting and Design Subconsulting Agreement and Subcontract at all tiers to the City
for its examination and approval prior to the execution of such Consulting or Design
Subconsulting Agreement or Subcontract .
a. The Design/Builder shall make available to each proposed Consultant, Design
Subconsultant and Subcontractor, prior to execution of the Subcontract, Consulting or
Design Subconsulting Agreement, copies of the Contract Documents to which the
Consultant, Design Subconsultant or Subcontractor will be bound, and require that each
Consultant, Design Subconsultant and Subcontractor shall similarly make copies of
applicable portions of such documents available to their respective proposed sub-
subcontractors.
b. The City will not unreasonably withhold its consent to substitute a Consultant,
Design Subconsultant or Subcontractor in the case of a matured and uncured default by
such entity in its contract with the Design/Builder resulting in termination of the
Design/Builder's contract with such entity, impossibility of performance or other good cause
shown. Any substitute party, however, must possess comparable experience, skill, and
character to that of the entity being replaced.
c. Conditional Assignment. Design/Builder conditionally assigns to the City all
the rights, title and interest of Design/Builder in, to and under any and all Consulting and
Design Subconsulting Agreements and Subcontracts. The assignment is exercisable by the
City, at its election, in the event that the City has exercised its right to terminate this
Agreement for any reason in whole or in part or to take control of, or cause control to be
taken of, the Work or any portion thereof. The City may reassign the Consulting and Design
Subconsulting Agreements and Subcontracts to another contractor, design professional, or
any other qualified person or entity, (as the case may be) and such assignee may exercise
the City's rights in the Consulting and Design Subconsulting Agreements and Subcontracts.
Each Deign Subconsultant or Subcontractor shall, upon written notice that the City has
exercised its rights under the Contract Documents (or the portion thereof applicable to the
materials or services being furnished by such Design Subconsultant or Design
Subconsulting Agreement or Subcontractor), continue to perform all of its obligations,
covenants and agreements under such Subcontract for the benefit of the City.
d. The Design/Builder's Consulting Agreement with the Consultant and the Design
Subconsulting Agreements with the Design Subconsultants, respectively, shall also set forth
the Consultant's and/or Design Subconsultants acknowledgment and agreement that (i) the
Consultant shall at all times during on-site construction activities have a representative at
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the Project Site to observe the progress and quality of the Work; (ii) the Consultant shall,
pursuant to such on-site observations as a Consultant, endeavor in good faith to guard
against defects and deficiencies in the Work; (iii) the Consultant shall be obligated to
provide the Design/Builder and the City with written notice of any defects or deficiencies in
the Work observed by the Consultant; (iv) if the Design/Builder does not within a reasonable
period of time remedy to the reasonable satisfaction of the Consultant the conditions so
reported to the Design/Builder, the Consultant shall provide both the Design/Builder and the
City with written notice of the condition not remedied and the Consultant's recommendation
of the actions that are necessary to remedy such condition; and (v) the Consultant shall
conduct inspections to assist the City in making its final determination of whether the
Design/Builder has achieved, Substantial Completion of the Project, or any applicable
portion thereof, and shall not tender any Certificate of Substantial Completion to the City
unless and until the Consultant has determined to the best of its knowledge, information and
belief that the Design/Builder has achieved Substantial Completion of the Work (or portion
or component thereof covered by such certificate) in accordance with the Contract
Documents.
3.25 THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN
ANY WAY THE DESIGN/BUILDER'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER
CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR
ASSISTANCE TO THE DESIGN/BUILDER SHALL BE AT ITS SOLE DISCRETION AND
SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN
ASSUMPTION BY THE CITY OF DESIGN/BUILDER'S OBLIGATIONS, A WAIVER OF
DESIGN/BUILDER'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY
DESIGN/BUILDER OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE
PARTICIPATION IN THE PERFORMANCE OF ANY OF DESIGN/BUILDER'S OBLIGATIONS
- • SHALL NOT PRECLUDE THE CITY FROM DECLARING DESIGN/BUILDER IN DEFAULT
• FOR DESIGN/BUILDER'S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT
LIMIT, IN ANY WAY, THE CITY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH.
THE DESIGN/BUILDER EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR
ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF
A SIMILAR NATURE, THE CITY'S PARTICIPATION, ASSISTANCE AND/OR FACILITATION
IN THE PERFORMANCE OF DESIGN/BUILDER'S OBLIGATIONS. INCLUDING, WITHOUT
LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH
UTILITIES, OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY
CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS
AGREEMENT OR OTHER CONTRACT DOCUMENTS, THIS SECTION SHALL GOVERN.
ARTICLE 4
CITY'S DUTIES AND RESPONSIBILITIES
4.1. City Representatives. The City shall designate, from time to time, one or more
representatives authorized to act on its behalf with respect to the Project. No representative or
designee of the City shall have any authority to adjust the Contract Price or the Substantial
Completion Date unless memorialized in a duly executed Change Order. The City shall examine
documents submitted by the Design/Builder and shall utilize its reasonable efforts to render
necessary decisions pertaining thereto in accordance with the Project Schedule.
il
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a. The Contract Administrator and Project Coordinator shall have the authority to
issue directives and notices on behalf of the City. The Contract Administrator and Project
Coordinator shall have the authority to issue Construction Change Directives.
b. Approval of Change Orders/Amendments. The City Manager or Contract
Administrator may approve Change Orders or other Amendments to the Contract Documents
involving extensions to the Contract Time and/or adjustments to the Contract Price, up to an
amount equal to the total amount remaining in the City's Contingency.
i. The City Commission may approve any Change Order or other Amendment to
the Contract Documents.
ii. Change Orders exceeding any available amounts in the City's Contingency shall
require the advance approval of the City Commission.
4.2. City's Project Coordinator. The Project Coordinator shall serve as the person
designated by the City to provide direct communication with the Design/Builder with respect to
the City's responsibilities or matters requiring the City's approval, in its proprietary capacity as
Owner, under the Contract Documents. The Project Coordinator shall have full authority to
require the Design/Builder to comply with the Contract Documents. However, any failure of the
Project Coordinator to identify any noncompliance, or to specifically direct or require
compliance, shall in no way constitute a waiver of, or excuse, the Design/Builder's obligation to
comply with the requirements of the Contract Documents. The City's Project Coordinator will
be responsible for the following:
a. Review of draft and completed Applications for Payment and coordination of the
processing thereof with the City.
b. Monitoring of all aspects of the Work, Project Site, and Project Schedule
including, but not limited to, attending Project-related meetings and reviewing and observing the
Work and testing thereof for general conformance and compliance with the intent of the DCP
and Contract Documents, provided, however, that Project Coordinator's failure to monitor any
aspect of the Project shall not relieve Design/Builder of its obligations to perform and deliver the
Project in accordance with the Contract Documents.
c. Tracking, logging and reviewing all required Project-related documents and
serving as the day-to-day City liaison for addressing Project-related issues with the
Design/Builder.
4.3. Communications. In communications relating to the Project, the City shall
communicate with Subcontractors, and such Subcontractors shall communicate with the
City, only through the Design/Builder's Project Manager. Nothing herein shall preclude City
or Subcontractor from directly communicating with each other with respect to any default of
the Design/Builder or other matter of public concern.
4.4. Cooperation. Whenever the City's cooperation is required by the Design/Builder in
order to carry out the Design/Builder's obligations hereunder, the City agrees that it shall act
in good faith in so cooperating with the Design/Builder.
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4.5. City Information. Any information provided by the City to the Design/Builder, its
Consultant, Design Subconsultants or Subcontractors relating to the Project and/or existing
conditions upon, about, beneath or adjacent to the Project Site including, without limitation, any
geotechnical or environmental reports, or other information pertaining to subsurface exploration
and conditions, borings, test pits, tunnels, as-built drawings and other conditions affecting the
Project Site, whether or not included in the DCP, are provided only for the convenience of the
Design/Builder and the Subcontractors. The City makes no representations or warranties as to,
and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or
accuracy of such information and makes no guarantee, either express or implied, that the
conditions indicated in such information or independently found by the Design/Builder, its
Consultant, Design Subconsultants or the Subcontractors as a result of any examination,
exploration or testing, are representative of those existing throughout the performance of the
Work or the Project Site, and there is no guarantee against unanticipated or undisclosed
conditions.
4.6. City's Reviews and Comments. The City's review, evaluation, or comment as to any
documents prepared by or on behalf of the Design/Builder shall be solely for the purpose of
the City's determining for its own satisfaction the suitability of the Project, or portions
thereof, detailed in such documents for the purposes intended therefor by the City, and may
not be relied upon in any way by the Design/Builder, any Consultant, Design Subconsultant,
Subcontractor or any other third party as a substantive review thereof. The City, in
reviewing, evaluating, commenting on or monitoring any progress of the Work, shall have no
responsibility. or liability for the accuracy or completeness of the Work, for any defects or
inadequacies therein, or for any failure to comply with the requirements set forth in the
Contract Documents, the responsibility for all of the foregoing matters being the sole
obligation of the Design/Builder; nor shall the City's review or monitoring of the Work
constitute acceptance of the Work or in any way excuse or limit the obligations of the
Design/Builder to comply with the Contract Documents as set forth therein.
4.7. Resident Project Representative. The City may retain an independent professional
engineering firm or other firm duly qualified and licensed to serve as Resident Project
Representative and assist the City with observing, reviewing , and documenting construction
activities on the Project. The Resident Project Representative shall monitor Design/Builder's
progress and performance in accordance with the Contract Documents. The Resident Project
Representative shall have the authority to assist the City with the following:
a. Reviewing Design/Builder's Project Schedule submissions and confer with the
Design/Builder and/or Consultant regarding acceptability thereof;
b. Reviewing draft Applications for Payment, forwarding comments and
recommendations to the Consultant, and approving Applications for Payment as complying
with the requirements of the Contract Documents following Consultant's certification of such
Applications for Payment;
c. Observing all aspects of the prosecution of the Work including, but not limited
to, verifying that Work has been completed and that material and equipment certificates,
operation and maintenance manuals, guarantees and warranties and any other data or
documents required by the Contract Documents have been provided to the City;
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d. Participating in inspections and testing required by the Contract Documents,
including Substantial Completion and Final Completion inspections, and assisting City in
connection with its determination of Substantial Completion, any applicable Milestones and
Final Completion.
The role of the Resident Project Representative is to facilitate information to the City and
Consultant. In no event shall the Resident Project Representative be authorized to approve
substitutions or deviations from the Contract Documents; to undertake any of the obligations
and responsibilities of Design/Builder; direct the means and methods of Design/Builder; or
to advise on, issue direction on, or assume control over safety practices of the
Design/Builder. If no RPR is appointed or assigned to the Project, the duties of the RPR
shall be performed by the Design Criteria Professional, or Contract Administrator (or his or
her designee).
4.8. Design/Builder Not Relieved By City, Project Coordinator or Resident Project
Representative Activity. The responsibility of the Design/Builder for faithful performance of
the Contract Documents shall not be relieved or affected in any respect by the presence,
inspections, or approvals by the City (whether in its proprietary or regulatory capacity), Project
Coordinator or Resident Project Representative or their designees.
4.9. Permitting & Code Inspections. The City may retain a threshold inspector, if required
by Chapter 553, Florida Statutes, and any other inspectors as the City deems necessary,
provided, however, the failure of the City, threshold inspector, or any other inspector to identify
any noncompliance, or to specifically direct or require compliance, shall in no way constitute a
waiver of, or excuse, the Design/Builder's obligation to comply with the requirements of the
Contract Documents.
ARTICLE 5
EMPLOYMENT CONDITIONS
5.1. No Discrimination; Affirmative Action. The Design/Builder shall not discriminate
against any workers, employees, or applicants, or any member of the public, because of race,
creed, color, religion, age, sex, sexual orientation or national origin, nor otherwise commit an
unfair employment practice. The Design/Builder shall take affirmative action to ensure that
applicants are granted or denied employment, and that employees are treated during
employment, without regard to their race, creed, color, religion, age, sex, sexual orientation or
national origin. Such affirmative action shall relate to, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Design/Builder shall post (or cause to be posted) in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of
this non-discrimination clause. The Design/Builder further agrees that this clause will be
incorporated in all contracts entered into with Consultant, Design Subconsultants,
Subcontractors and all labor organizations furnishing skilled, unskilled and craft labor or
performing any such labor in connection with the Work.
5.2. Civil Rights Act. The Design/Builder shall comply with, and shall require all
Subcontractors to comply with, all Federal, State, and local laws, rules, regulations and
ordinances relating to employment and the design and construction of the Project, including
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without limitation the Civil Rights Act of 1964, Pub. L. 88-352. July 2. 1964. 78 Stat. §701 et
seq., as amended; the Americans With Disabilities Act of 1990, Pub. L. 101-336, July 26, 1990;
and the City's Human Rights Ordinance, as same may be amended.
5.3. Equal Benefits. Design/Builder certifies and represents that it shall comply with all
applicable provisions of Section 2-373 of the City Code, as same may be amended from time,
with regard to equal benefits for domestic partners of employees. The failure to comply with this
Section shall constitute a material event of default of this Agreement.
5.4. Compliance Reports. To demonstrate compliance with the foregoing, the
Design/Builder shall furnish, and shall cause its Subcontractors to furnish, such reports and
information and in such form and substance as may be reasonably requested by the City or any
other governmental body or agency requesting the same.
5.5. Prevailing Wages. If specified as applicable to this Project in the RFP, the
Design/Builder shall comply with, and shall require all Subcontractors to comply with, Sections
31-27 through 31-30 of the City Code, as same may be amended from time to time, with regard
to minimum hourly wage rates for all employees who provide services pursuant to this
Agreement, as follows:
a. The rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of work in a
like construction industry as determined by the Secretary of Labor and as published in the
Federal Register. All mechanics, laborers, and apprentices, employed or working directly upon
the site of the Work shall be paid in accordance with the above referenced wage rates.
Design/Builder shall post notice of these provisions at the site of the Work in a prominent place
where it can be easily seen by the workers.
b. If the Parties cannot agree on the proper classification of a particular class of
laborers or mechanics or apprentices to be used, the Parties shall submit the question, together
with its recommendation, to the City Manager for final determination.
c. In the event it is found by the City that any laborer or mechanic or apprentice
employed by Design/Builder, or any Subcontractor directly on the site of the Work has been or is
being paid at a rate of wages less than the rate of wages required by the ordinance, the City may
(i) by written notice to Design/Builder terminate its right to proceed with the Work or such part of
Work for which there has been a failure to pay said required wages; and (ii) prosecute the Work
or portion thereof to completion by contract or otherwise. Whereupon, City and its sureties shall
be liable to City for any excess costs occasioned to City thereby.
d. Design/Builder shall maintain payrolls and basic records relating thereto during
the course of the Work and shall preserve such for a period of three (3) years thereafter for all
laborers, mechanics, and apprentices working at the site of the Work. Such records shall contain
the name and address of each such employee; its current classification; rate of pay (including
rates of contributions for, or costs assumed to provide, fringe benefits); daily and weekly number
of hours worked; deductions made; and actual wages paid.
e. Design/Builder shall be required to submit, with each requisition for payment, any
signed and sworn statement of compliance with the prevailing wage rate ordinance, as may be
required by the City. Design/Builder shall submit certified payrolls for each requisition period.
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Certified payrolls should include employee name, address and social security number, labor
classification, hours worked, hourly base rate, hourly fringe rate and hourly benefit rate
f. The City may withhold or cause to be withheld from Design/Builder so much of the
payments requisitioned as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and guards employed by Design/Builder or any Subcontractor on
the Work, the full amount of wages required by the Contract Documents or terms of the
applicable subcontract.
g. If Design/Builder or any Subcontractor fails to pay any laborer, mechanic, or
apprentice employed or working on the site of the Work all or part of the wages required by the
Contract Documents or terms of the applicable subcontract, the City may, after written notice to
Design/Builder, take such action as may be necessary to cause suspension of any further
payments or advances until such violations have ceased.
ARTICLE 6
PROJECT SCHEDULE AND BREAKDOWN OF PROJECT COSTS
6.1. Project Schedule. TIME IS OF THE ESSENCE THROUGHOUT THIS AGREEMENT.
Design/Builder shall complete the planning, design, development, construction, and completion
of the Work and the Project in accordance with the approved Project Schedule and within the
Contract Time, which schedule defines major design and construction Milestones, Substantial
Completion, their sequences, and Final Completion as determined from the date of the first
Notice to Proceed. The Parties hereto recognize and acknowledge that the Project Schedule
has been established in order to meet the requirements of the Parties hereto for the design,
development, construction and completion of the Project and to coordinate the design,
development, construction and completion of the Project. Design/Builder shall be instructed to
commence the Work by written instruction issued by the City in the form of one or more Notices
to Proceed for the Design Phase, as further delineated in Subsection 6.2(a) ("NTP1") and
Notices to Proceed for Construction Phase, as further delineated in Subsection 6.2(b) ("NTP2").
6.2. Time For Completion. DESIGN/BUILDER SHALL ACHIEVE SUBSTANTIAL
COMPLETION OF THE WORK WITHIN THREE HUNDRED AND SIXTY (360) DAYS
FROM THE DATE SPECIFIED IN NTP1 (AS DESCRIBED IN SECTION 6.2), AND
COMPLETED AND READY FOR FINAL PROGRESS PAYMENT IN ACCORDANCE
WITH ARTICLE 8, WITHIN SIXTY (60) DAYS FROM THE DATE CERTIFIED BY
CONTRACT ADMINISTRATOR AS THE SUBSTANTIAL COMPLETION DATE.
a. NTP1. NTP1 will not be issued until Design/Builder's submission to City of all
required documents and after execution of the Agreement by both Parties. However, the
submission to City of all required documents and execution of the Agreement shall not
automatically mandate any obligation of the City to issue NTP2. The issuance of NTP2 shall be
in the City's sole discretion.
i. Design/Builder shall complete all Work for the Design Phase and
permitting of the Project associated with NTP1, within one hundred twenty (120) days from the
issuance of NTP1.
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ii. As part of NTP1 or through a separate Notice to Proceed, the City may
authorize certain preconstruction Work subject to the advance written approval of the Contract
Administrator as may be authorized in the Notice to Proceed, to permit Design/Builder to
perform certain utility relocations, remedial actions and other preliminary or preparatory
activities or site work, as described in the Project Schedule.
b. NTP2 — Construction Phase. The "NTP2" shall be the second Notice to
Proceed to Design/Builder authorizing commencement of the balance of the Work.
Design/Builder shall achieve Substantial Completion of the Work within 360 days from the first
issuance of NTP1. Following Substantial Completion, the Final Completion of all Work shall be
achieved no later than sixty (60) days after issuance of a Certificate of Substantial Completion
by the Contract Administrator. As a condition precedent to issuance of NTP2, Design/Builder
shall submit to City all of the following items for City's review and approval:
i. A proposed Project Schedule in compliance with the requirements of the
Contract Documents;
ii. A preliminary schedule of Shop Drawing submissions;
iii. A preliminary Schedule of Values in sufficient detail to serve as the
basis for progress payments during the Construction Phase. Such prices will include an
appropriate amount of overhead and profit applicable to each item of Work.
iv. Utility coordination schedule: Design/Builder shall meet with all utility
owners and secure from them a schedule of utility relocation. City shall not be responsible for
the nonperformance of utility relocation or any other failure to cooperate or coordinate by the
utility owners. Any efforts by the City to facilitate such coordination or cooperation by or with the
utility owners shall be solely at the City's discretion and shall not in any way be construed or
interpreted as the City's assumption of such obligation, which obligation shall, at all times,
remain the full responsibility of the Design/Builder.
v. All permits required by authorities having jurisdiction, unless otherwise
provided by the Contract Documents.
vi. Identity and location of storage yard for storage of materials and
equipment relating to the Project.
c. Phased Permitting at Discretion of City. 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, subject to Design/Builder's satisfaction of all of the foregoing
conditions precedent to issuance of a Notice to Proceed to mobilize on the Project Site and
commence with physical construction work, as set forth in this Article 6.
d. Except for Design Phase fees and the reimbursement of permit application fees
as may be provided in the Contract Documents or as expressly authorized pursuant to NTP1,
Design/Builder shall not be entitled to compensation of any kind until issuance of NTP2.
Delivery of all items, and completion of all activities required by NTP1 shall be a condition
precedent to the issuance of NTP2. Design/Builder shall bear the responsibility for re-
performing any Work, including design and permitting costs, should the respective regulatory
agencies require changes thereto. The Design/Builder expressly acknowledges and agrees
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that its pricing of the Work and the determination of the Contract Price were expressly based
upon the Design/Builder's assuming the foregoing cost risks of taking all steps that may be
necessary to sequence and prosecute the Work as contemplated by the Project Schedule.
6.3. Preconstruction Schedule. Within thirty (30) days after receiving the NTP1, the
Design/Builder shall (without altering, revising or otherwise changing the Substantial Completion
Date) submit to the City for review a detailed preconstruction schedule by developing the Project
Schedule. This revised Project Schedule shall be based on the critical path method in
accordance with all requirements in Division 1 of the Project Specifications, shall show in
complete detail the starting and completion time sequence of design, development and contract
award activities of the Design/Builder and its Consultant, Design Subconsultants and•
Subcontractors, shall identify all interface Milestone events of the City (if any), and shall
otherwise comply with the requirements identified in Division I of the Project Specifications.
Provided the expanded schedule has been approved by the City, such revised Project Schedule
shall be incorporated into this Agreement pursuant to an Amendment in substitution of the
schedule attached as Appendix"D" hereto.
a. City shall have fourteen (14) days from Design/Builder's submission to City of
the Construction Documents, at the 30%, 60%, and 90% completion stages, respectively, to
review and comment on the Construction Documents (in its proprietary capacity as Owner of
the Project). Design/Builder shall incorporate such City review periods into its Project
Schedule, so as to achieve Substantial Completion of the Work within 360 days following
NTP1. If the City's reviews take longer than the fourteen (14) day periods set forth herein,
Design/Builder must immediately request an extension of time and comply with the notice and
other requirements of Article 12. Time extensions for such delays shall not be automatic and
must be requested in accordance with the Contract Documents.
b. In accordance with the requirements set forth in Division 1 of the Project
Specifications, this Project Schedule shall also identify the total schedule float for the Project
and how that float is allocated to items of Work on the critical path. During the Design Phase,
any float set forth from time to time shall be available to the Design/Builder and the City at such
times as either party may need it. Each month during the Design and Construction Phases, the
Design/Builder shall, in its computer-generated reports submitted to the City pursuant to
Section 6.7 hereof, provide the City with the Design/Builder's then current assessment of the
amount of float available in the Project Schedule and, to the extent relevant, whether and to
what extent such float was generated by the Design/Builder or the City. Nothing in this
Agreement shall prohibit the Construction Phase from beginning prior to the Design Phase
being completed, provided that the City has issued the applicable Notice to Proceed.
c. Pre-construction Meeting. At a time specified by City, but before Design/Builder
commences the Work at the Project Site, a conference attended by Design/Builder, City and
others, as deemed appropriate by Contract Administrator, will be held to discuss the Project
plans; submission of all schedules and reports required by the Contract Documents; procedures
for handling Shop Drawings and other submittals; procedures for processing Applications for
Payment; and to establish a working understanding among the Parties as to the Work.
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d. Within five (5) business days prior to the pre-construction meeting described in
Subsection 6.3(c) herein, Design/Builder shall submit the following to City, for City's review and
approval:
A critical path method ("CPM") Project "Base Line" Schedule in
accordance with Division 1 of the Project Specifications, one (1) electronic copy on a CD in
native Primavera format and .pdf format, and one (1) hard copy, with activities arranged in a
"waterfall", in the indicated form for final review and approval, including: bar chart; modified
CPM and computerized CPM using the latest edition of the Primavera software; "Early Start"
and "Early Finish" dates for each activity; input that encompasses all submittal approvals;
delivery durations for important materials and/or equipment; logic relationships of activities,
including physical and Project Site restraints; and clearly identifying the Project's critical path.
CPM shall have the meaning and detail as outlined in the most recent edition of the Association
of General Contractors (AGC) publication, "The Use of CPM in Construction." 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.
ii. Design/Builder shall submit on a monthly basis, with each Application 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 Date or Final Completion Date) showing the progress for the
month. DESIGN/BUILDER SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC
COPY (in both pdf and native file format). In addition to the CPM Project "Base Line" Schedule,
Design/Builder shall include a narrative report of the month's progress, an explanation of any
delays and/or additions/deletions to activities. If City waives the requirement for the submission
of any portion of an Application for Payment, or waives the requirement for submission of an
Application for Payment in any given month, Design/Builder shall nevertheless submit the
monthly update of the CPM Project Schedule specified in this Section.
iii. It is strongly recommended that Design/Builder hire a seasoned
professional in the use of Primavera, to develop and update the Primavera CPM Project "Base
Line" Schedule.
iv. Design/Builder shall attend weekly progress meetings and provide an
updated two (2) week look ahead schedule for review and discussion , Design/Builder shall, on
a monthly basis , be prepared to discuss at a weekly progress meeting: (i) any proposed
changes to the CPM Project "Base Line Schedule"; (ii) explain and provide a narrative for
reasons why logic changes should be made; (iii) update to individual Subcontractor activities;
and (iv) integration of changes into the schedule.
v. The CPM Project "Base Line" Schedule shall be the basis of the
Design/Builder's Work and shall be complied with in all respects.
vi. After award, but prior to the submission of the final CPM Project "Base
Line" Schedule, City's Project Coordinator and/or Contract Administrator and Design/Builder
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 of utility relocation or any other
failure to cooperate of coordinate by the utility owners. Any efforts by the City to facilitate such
coordination or cooperation by or with the utility owners shall be solely at the City's discretion
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and shall not in any way be construed or interpreted as the City's assumption of such obligation,
which obligation shall, at all times, remain the full responsibility of the Design/Builder.
vii. A preliminary schedule of Shop Drawing submissions; and
viii. A preliminary Schedule of Values for all of the Work which will include
items aggregating the Contract Price and which may subdivide the Work into component parts
in sufficient detail to serve as the basis for progress payments during the Construction Phase.
e. Within twenty (20) days following the pre-construction meeting referenced in
Subsection 6.3(c), Design/Builder shall revise its original preliminary Project Schedule submittal,
Shop Drawings schedule submittal, and its proposed Schedule of Values to address all review
comments received from the City, and shall resubmit the revised Schedules for Project
Coordinator review and approval. The final CPM Project "Base Line" Schedule will be accepted
by Project Coordinator only if it provides for the orderly progression of the Work to completion
within the Contract Time; provided, however, that any 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 shall not relieve Design/Builder from full responsibility to perform and
complete the Work within the Contract Time in accordance with the Contract Documents. The
finalized schedule of Shop Drawing submissions must be acceptable to Project Coordinator as
providing a workable arrangement for processing Shop Drawings. The finalized Schedule of
Values must be acceptable to the Project Coordinator as to form and substance. However,
nothing contained herein shall prevent City from requesting modifications to the aforementioned
submittal Schedules, Project Schedule or Schedule of Values.
6.4. Manpower Forecast. Within thirty (30) days after receiving the Notice to Proceed With
Design, the Design/Builder shall submit a manpower forecast by trades and their availability in
the Miami-Dade County, Florida area. The Design/Builder shall update this manpower forecast
at semi-annual intervals, or at such other intervals as the City may direct.
6.5. Construction Schedule. At such time as the Construction Documents are sixty
percent (60%) complete (as determined by the City), the Design/Builder shall (without
altering, revising or otherwise changing the Substantial Completion Date) submit to the City
for incorporation into the Contract Documents a detailed, Project construction schedule by
expanding the overall Project Schedule. This schedule shall be based upon the critical path
method, shall show in complete detail the starting and completion times of activities for each
of the various trades, the sequence of the Work and all significant activities (with the critical
path clearly delineated), shall include monthly updates of data dates, and shall otherwise
comply with the requirements identified in Division 1 of the Project Specifications. Provided
the Project Schedule has been approved by the City, such revised Project Schedule shall be
incorporated into this Agreement pursuant to an Amendment in substitution of the schedule
then attached as Appendix "D" hereto.
6.6. NOT USED.
6.7. Computer-Generated Reports. As a condition to the Design/Builder receiving each
monthly progress payment identified in Article 7, the Design/Builder will submit to the City a
report identifying the progress of the Work in comparison with the Project Schedule, which
report shall be computer-generated. The report shall clearly delineate the critical path and shall
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reflect the current status of all float time in the Project Schedule. In addition, the Design/Builder
shall prepare a report (which shall be updated on a monthly basis) showing for each month the
monthly progress payments in relationship to the Project Schedule.
6.8. Contents of Reports. The computer-generated reports provided for in Section 6.7
above will consist of the following:
a. Summary Trade Schedule in Bar Chart Format;
b. Detailed Activities- Reports showing starting and completion floats;
c. Detailed Critical Activity Report;
d. Buyout Report of Long Lead Equipment and Contracts;
e. A written report showing actions taken to correct any Project Schedule slippages;
and
f. An updated Project Cash Flow Report.
6.9. Progress in Accordance with Schedule/ Recovery Schedule. The Project Schedule
and Substantial Completion Dates shall not be modified except by an Amendment to this
Agreement. The Design/Builder shall prosecute the Work, and shall cause all Consultants,
Design Subconsultants and Subcontractors to prosecute the Work, so that the delivery of the
Project by the Substantial Completion Date shall be in accordance with the approved Project
Schedule.
a. If the Work on any critical path item or activity delineated in the Project Schedule
is delayed for a period which exceeds 5% of the days remaining until a completion deadline for
an item in the Project Schedule (including delays for which Design/Builder may be entitled to a
time extension under Article 13), and it reasonably appears that the Design/Builder will be
unable to meet the deadlines of the Project Schedule, the City may notify the Design/Builder of
the same and, in such event, the Design/Builder shall have the right to demonstrate
Design/Builder's proposed recovery plan to regain lost schedule progress and to achieve such
progress in accordance with the Contract Documents ("Recovery Schedule"), after taking into
account Excusable Delay (as hereinafter defined) and permitted extensions of the Project
Schedule.
b. City shall notify Design/Builder within five (5) business days after receipt of each
Recovery Schedule, whether the Recovery Schedule is deemed accepted or rejected. Within five
(5) business days after City's rejection of any Recovery Schedule, Design/Builder will resubmit a
revised Recovery Schedule incorporating City's comments. If the City accepts Design/Builder's
Recovery Schedule, Design/Builder shall, within five (5) business days after City's acceptance,
incorporate and fully include the Recovery Schedule into the Project Schedule and deliver same
to City.
c. If the Design/Builder fails to provide an acceptable Recovery Schedule, as
determined by City in its sole discretion, that demonstrates Design/Builder's follow the Project
Schedule, the City may, without prejudice to any other rights and remedies available to the City
hereunder or otherwise, order the Design/Builder to employ such extraordinary measures,
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including acceleration of the Work, and other measures, including substantially increasing
manpower and/or necessary equipment, as may be necessary to bring the Work into conformity
with the Project Schedule.
6.10. Substantial Completion. As a condition of Substantial Completion, all of the following
must occur:
a. All Work affecting the operability of the Project or safety has been completed in
accordance with the Contract Documents;
b. If applicable, all Pre-commissioning activities, including alignment, balancing,
lubrication and first-fill, have been completed;
c. The Work may be operated within manufacturers' recommended limits, in
compliance with Applicable Laws, and without damage to the Work or to the Project;
d. Design/Builder has corrected all defects, deficiencies and/or discrepancies to the
entire Work as identified by RPR and RPR confirms such corrections have been made in
writing;
e. When Design/Builder believes it has achieved Substantial Completion,
Design/Builder shall request an inspection by the City and the RPR, and shall provide the City
with evidence supporting its assessment of Substantial Completion, including any specific
documents or information requested by the City to assist in its evaluation thereof.
Design/Builder shall, prior to said inspection, develop its preliminary Punch List for input and
comment by the City and the RPR. Once the preliminary Punch List is submitted to the City and
RPR, the City and its representatives shall then schedule a walk-through of the Project with
Design/Builder and the Consultant. Following the walk-through, Design/Builder shall develop
• and provide City with the list of all remaining items of Work to be completed or corrected, and
which incorporates items and comments identified or provided by the City and RPR comments
and is d certified for completeness and accuracy by the Consultant ("Substantial Completion
Punch List"), provided, however, that failure to include any items on such Substantial
Completion Punch List does not alter the responsibility of the Design/Builder to complete all
Work in accordance with the Contract Documents; and
f. With respect to any Project for which a right-of-way permit is required from the
City of Miami Beach's Public Works Department, including this Project, in no event shall
Substantial Completion occur prior to the final lift of asphalt and acceptance thereof by the
agencies having jurisdiction (including, without limitation, the City's Public Works Department).
6.11. Certificate of Substantial Completion. Any determination by the Consultant and the
Design/Builder of Substantial Completion shall not be binding on the City, and the ultimate
determination of Substantial Completion shall rest with the City and shall be evidenced by the
City's executing and returning to the Design/Builder its Certificate of Substantial Completion (or
Notice of Partial Substantial Completion, as applicable).
a. When the City, on the basis of an inspection, determines that the Work or
designated portion thereof, is substantially complete, and when the Design/Builder has complied
with all other conditions precedent to Substantial Completion provided for in Section 6.10 and
the other Contract Documents, the City will then prepare a Certificate of Substantial Completion
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which shall establish the Substantial Completion Date, shall state the responsibilities of
Design/Builder, if any, for security, maintenance, heat, utilities, damage to the Work, and
insurance, and Design/Builder shall complete the items listed in the Substantial Completion
Punch List within sixty (60) days following the Substantial Completion Date. If the City issues a
Certificate of Substantial Completion on the basis of partial completion of the Project, or upon
the basis of a partial or temporary certificate of occupancy or certificate of completion, as
applicable, City may include such additional conditions, as it deems appropriate to protect its
interests pending substantial completion of the entire Project or issuance of a permanent
certificate of occupancy or certificate of completion, as applicable.
b. The City shall not unreasonably withhold or condition acceptance and execution
of a Certificate of Substantial Completion (or a Notice of Partial Substantial Completion);
provided, however, the Project shall not be deemed Substantially Complete and the City shall
not execute a Certificate of Substantial Completion until all of the criteria for achieving
Substantial Completion as identified in Section 6.10 and any other Contract Documents have
been satisfied.
6.12. Partial Substantial Completion. Partial Substantial Completion of the Work shall occur
when the City determines that a portion of the Work, as defined in the Contract Documents
and/or otherwise by logical boundaries, is Substantially Complete in accordance with the
Contract Documents. The City may (but shall not be obligated to) agree that a portion or
component of the Work, acceptable to the City in its sole discretion, may be certified as
Substantially Complete provided that:
i. The requirements provided under Sections 6.10 and 6.11 above for issuance of a
Certificate of Substantial Completion are complied with for the portion of the Work for which a
Certificate of Partial Substantial Completion is being sought;
ii. Such portion and any and all appurtenances, utilities, transportation arteries and
any other items required under the Contract Documents and necessary to serve that portion of
the Work are sufficiently completed, a temporary certificate of completion or Certificate of
Occupancy, as applicable, is issued for the portion of the Work for which a Certificate of Partial
Substantial Completion is being sought and/or all conditions or requirements of authorities
having jurisdiction are complied with, to permit the City to utilize and occupy that portion for its
intended use in accordance with the Contract Documents without material interference from any
incomplete or improperly completed items of Work;
iii. The City is fully able to use and occupy the portion of the Work for the
purposes intended and the Design/Builder separates the portion of the Work which is
Substantially Complete from non-complete areas of the Project in order to prevent noise,
dust and other construction disturbances which would materially interfere with the use of
such portion for its intended use in accordance with the Contract Documents and to assure
the safety of those entering, exiting and occupying the Substantially Completed portion of
the Work; and
iv. Partial Substantial Completion shall not constitute Final Completion of the
Work or Substantial Completion of the Project, nor shall it relieve the Design/Builder of any
responsibility for the correction of Work (whether or not included in portion of Work
Substantially Complete) or for the performance of Work not complete at the time of Partial
Substantial Completion.
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6.13. Beneficial Occupancy. Beneficial Occupancy shall occur when the City determines,
at its sole and absolute discretion, that the Work or a portion thereof may be occupied prior to
Substantial Completion. City may take Beneficial Occupancy in accordance with the provisions
of the Contract Documents.
a. Prior to the anticipated date of Beneficial Occupancy, Design/Builder shall separate the
portion of the Work to be occupied from non-complete areas of the Project in order to prevent
noise, dust and other construction disturbances which would materially interfere with the use of
such portion for its intended use in accordance with the Contract Documents and to assure the
safety of those entering, exiting and occupying the completed portion to be occupied.
b. Beneficial Occupancy shall not constitute Substantial Completion or Final Completion of
the Work, nor shall it relieve the Design/Builder of any responsibility for the correction of Work
(whether or not included in the portion of Work to be occupied) or for the performance of Work
not complete at the time of Beneficial Occupancy. Prior to Beneficial Occupancy, the
Design/Builder shall obtain a temporary Certificate of Occupancy and/or Certificate of
Completion, as applicable, and/or otherwise satisfy all conditions or requirements of any
agencies having jurisdiction (including, but not limited to, fire watch or other conditions that may
be imposed under City special event permits, if such permits are required). Prior to the
anticipated date of Beneficial Occupancy, the Design/Builder shall instruct City personnel as
necessary for the proper operation and maintenance of all equipment and machinery that will
serve the portion of the Work being occupied.
c. Design/Builder's insurance on the unoccupied or unused portion or portions of the
Project Site shall not be canceled or lapsed on account of such Beneficial Occupancy.
d. Design/Builder shall be responsible to maintain all utility services to areas occupied by
the City until Final Completion.
6.14. Final Completion. Final Completion of the Project shall be deemed to have occurred if
all the following have occurred:
a. Substantial Completion of the entire Project has occurred;
b. The Work can be used and operated in accordance with Applicable Laws and
applicable permits;
c. All spare parts and special tools purchased by Design/Builder as part of Vendor
supplies shall have been delivered to City and clear of all Liens;
d. All items on the Substantial Completion Punch List shall have been completed by
Design/Builder to City's satisfaction and all final inspections have been performed;
e. Design/Builder has satisfied the additional conditions prescribed by the City in
conjunction with a Certificate of Substantial Completion issued on the basis of Partial
Substantial Completion of the Project, or a partial or temporary Certificate of Occupancy or
Certificate of Completion, as applicable;
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6
f. Design/Builder has delivered evidence to the City that all permits have been
satisfied and closed, and that a certificate of completion and/or certificate of occupancy (as
applicable) has been issued by the authority having jurisdiction, and the Project or designated
portion thereof is sufficiently complete in accordance with the Contract Documents and can be
used for its intended purpose for uninterrupted operation including, without limitation,
acceptance if completed as-builts if required by the agency having jurisdiction;
g. Design/Builder shall have provided to City final releases and complete and
unconditional waivers of liens for all Work performed by Design/Builder and each Subcontractor
Supplier where the applicable contract price or purchase order value exceeds $10,000;
h. Design/Builder shall have delivered to City a certification identifying all
outstanding Claims (exclusive of any Liens or other such encumbrances which must have been
discharged) of Design/Builder (and of its Subcontractors, Suppliers and any other party against
Design/Builder) with written documentation reasonably sufficient to support and/or provide
detail to substantiate such Claims;
g. Operational testing, whether by Subcontractor, Manufacturer, Supplier and/or
Design/Builder, has been successfully completed;
i. Design/Builder shall have made a written assignment to City of all warranties
and guarantees which Design/Builder received from Subcontractors, Vendors, and Suppliers
j. Design/Builder shall have delivered to City a complete set of as-built documents
and Project Records prepared in accordance with the Contract Documents;
k. Design/Builder has delivered to City all other submittals required by the Contract
Documents including, but not limited to, all installation instructions, operations and maintenance
manuals for equipment furnished by Design/Builder and all product data sheets for all materials
furnished by Design/Builder;
I. All rubbish and debris have been removed from the Project Site;
m. All Construction aids, equipment and materials have been removed from the
Project Site; and
n. Design/Builder has delivered to the City all executed warranties and guarantees
required by the Contract Documents.
•
Final Completion of the Work shall be achieved no later than sixty (60) days after
issuance of a Certificate of Substantial Completion by the Contract Administrator. City
shall deliver to Design/Builder a Certificate of Final Completion as soon as practicable
following declaration by City that Final Completion has occurred. Final Completion is a
condition precedent to Final Progress Payment.
6.15. Liquidated Damages.
a. The failure of the Design/Builder to meet the Milestones or complete the Project
by the Substantial Completion Date (as such date may be extended in accordance with the
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terms of this Agreement) will deprive the City and the residents and visitors of the City of a
valuable asset. Therefore, the Design/Builder agrees that the Design/Builder shall begin the
Project in conformity with the provisions set forth herein and shall prosecute the same with all
due diligence and adequate manpower, so as to timely achieve the Milestones (if any) and
Substantial Completion of the entire Project (as such date may be extended in accordance with
the terms of this Agreement). Failure to achieve Substantial Completion and/or Final
Completion, shall be cause for the City to deduct from monies otherwise due the Design/Builder
the liquidated amounts as set forth below:
1. Substantial Completion. Upon failure of Design/Builder to achieve
Substantial Completion of the Project within the time specified for Substantial Completion,
plus approved time extensions, City shall deduct from monies otherwise due the
Design/Builder a liquidated amount assessed daily until Substantial Completion of the
Project, in the amount of $ per day, commencing on the first day following the date
Design/Builder was to achieve Substantial Completion of the Work, pursuant to the approved
and updated Project Schedule.
2. Final Completion. After Substantial Completion, should Design/Builder fail
to complete the remaining Work within the time specified for Final Completion, plus approved
time extensions, City shall deduct from monies otherwise due the Design/Builder a liquidated
amount assessed daily until Final Completion, in the amount of $ per day,
commencing on the first day following the date Design/Builder was to achieve Substantial
Completion of the Work, pursuant to the approved and updated Project Schedule.
b. Design/Builder acknowledges and agrees that the foregoing Liquidated Damages
amounts are not penalties and have been set based on an evaluation by City of damages to
City and the public caused by Design/Builder's untimely performance. Such damages may
include, without limitation, additional costs of administering this Agreement (including Project
staff, legal, accounting, consultants, overhead and other administrative costs). Design/Builder
and City have agreed to such Liquidated Damages in order to fix Design/Builder's costs and to
avoid later disputes over which items are properly chargeable to Design/Builder as a
consequence of Design/Builder's delays, in view of the Parties' recognition of the impossibility of
precisely ascertaining the amount of damages that will be sustained by City as a consequence
of such delay. By entering into this Agreement, Design/Builder acknowledges that the
amounts established for Liquidated Damages are fair and commercially reasonable. Such
Liquidated Damages shall apply separately to each Milestone containing the right to assess
Liquidated Damages.
c. Liquidated Damages shall be deducted from monies otherwise due
Design/Builder, whether or not the City terminates Design/Builder for cause and whether or
not Surety completes the Project after a Default by Design/Builder. Design/Builder further
acknowledges and agrees that Liquidated Damages may be owed even though no Event of
Default has occurred.
d. Liquidated Damages shall apply solely to Claims arising from delay in timely
achieving any Milestone for which the right to assess Liquidated Damages is specified,
including, without limitation, Substantial Completion or Final Completion, in accordance with the
Contract Documents, for which the foregoing Liquidated Damages amounts are set, and are not
intended to, and do not, liquidate Design/Builder's liability under any other provision of this
Agreement or for other events for which no liquidated damage amount is set. Liquidated
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•
Damages shall not liquidate Design/Builder's liability under the indemnification provisions of this
Agreement.
e. Design/Builder, in addition to reimbursing City for Liquidated Damages for
untimely performance, shall reimburse City for all costs incurred by City to repair, restore, and/or
complete the Work. All such costs shall be deducted from the monies otherwise due
Design/Builder for performance of Work under this Agreement by means of unilateral credit or
deductive Change Orders issued by City.
ARTICLE 7
DESIGN/BUILDER'S COMPENSATION
7.1. Contract Price. In full consideration of the complete performance of the Work and all
other obligations of the Design/Builder under the Contract Documents, City agrees to pay the
Design/Builder the aggregate fixed lump sum amount stipulated herein in the amount of
Dollars ($ ) ("Contract Price"), which consists of the total
compensation payable to Design/Builder for performance of the various components of the
Work as follows:
Design Phase Work: Lump Sum Price:
100% Design Documents $
Construction Documents ("CDs")
A. 30% Completion of CDs $
B. 60% Completion of CDs $
C. 100% Completion of CDs $
Construction Phase Work: $
TOTAL CONTRACT PRICE (LUMP SUM) $
7.2. Schedule of Values and Payments. The sum of all amounts in the Schedule of Values
shall equal the Contract Price. The portion of the Contract Price allocated to Design Phase
Work shall be paid based on Design/Builder's achievement of each of the completion
Milestones for Design Documents and Construction Documents described above in Section 7.1,
or shall otherwise be paid in accordance with payment schedules approved by the Contract
Administrator in accordance with the Contract Documents. Upon achievement of each such
Milestone for Design Phase Work, Design/Builder shall submit an Application for Payment with
appropriate back-up documentation in accordance with the requirements of Article 8.
7.3. No Adjustments to the Contract Price during the Design Phase. As the Construction
Documents will not be finished at the time the Contract Price is established, the Design/Builder
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shall provide for in the Contract Price all development of the Construction Documents by the
Consultant, consistent with the DCP and the Contract Documents and/or reasonably inferable
therefrom. Such further development does not include Scope Changes pursuant to Article 11
which, along with any adjustment to the Contract Price as may be required, shall be
incorporated by Change Order at the City's sole discretion.
7.4. No Compensation Prior to Notice to Proceed. Prior to the City's issuance of any Notice
to Proceed, the Design/Builder shall not incur any cost to be reimbursed as part of the Project,
except as the Contract Administrator may specifically authorize in writing.
7.5. City's Contingency. The City's Contingency is available at the sole discretion of the
Contract Administrator to cover and/or defray additional expenses relative to design and
construction of the Project not included in or reasonably inferable from the DCP or
Design/Builder's scope of Work, or for additional changes or adjustments to Work items deemed
desirable by the City to be included as part of the Contract Documents, or for additional costs
expressly chargeable to the City or for which the City is responsible pursuant to the Contract
Documents.
a. Design/Builder shall have no entitlement whatsoever to any amounts in the City's
Contingency, and City is under no obligation to assign any monies from the City's Contingency
to the Design/Builder. Use of funds from City's Contingency shall be requested through the
Change Order process in Article 11 and must be approved in writing by the Contract
Administrator or City Manager prior to the prosecution of the related Work, through a Change
Order. Failure to obtain such prior authorization in accordance with the Contract Documents
shall be grounds for non-payment of any expenses incurred in connection with such
unauthorized Work.
b. Any unused amounts in the City's Contingency shall accrue solely to the City.
Design/Builder shall have no entitlement what so ever to any unused Contingency amounts.
7.6. Design/Builder shall not be entitled to any compensation for the completion of all Work
beyond the Contract Price stipulated herein, as may be adjusted pursuant to the Contract
Documents. Costs which would cause the Contract Price to be exceeded shall be paid by the
Design/Builder without reimbursement by the City.
7.7. The total maximum contract amount shall be subject to such additions and deductions
as may be provided in the Contract Documents. Retainage shall be withheld on the entire
Contract Price in accordance with the provisions of Article 8. Partial and final payments shall be
made in accordance with the provisions of the Contract Documents.
ARTICLE 8
APPLICATIONS FOR PAYMENT
8.1. Applications for Payment. The Design/Builder shall deliver to the City on a monthly
basis, and review with the City in person in order to obtain the City's approval, itemized
Applications for Payments (each, an "Application for Payment"). Each Application for Payment
shall be submitted to the City and RPR immediately after the end of the expiration of the period
(i.e., the month) (herein each called a "Payment Period") covered by such Application for
Payment. The Schedule of Values shall be allocated to the various portions of the Work.
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Payment during the Construction Phase will be based upon percentage of Work completed for
each item in the approved Schedule of Values. Applications for Payment shall be in a form
and substance reasonably satisfactory to the City. The requirements of this Article 8 shall
take precedence and control over any conflicting requirements in the Project Specifications or
other Contract Documents.
a. Form of Application: Projected Payment Schedule. The Design/Builder shall
make each Application for Payment on a form approved by the City, which incorporates the
approved Schedule of Values. Design/Builder shall provide at least three (3) hard copies of
each Application for Payment, including supporting documentation, and one electronic copy in
native and .pdf format.
b. Supporting Documentation. Together with each Application for Payment, the
Design/Builder shall submit the monthly progress report required by Section 3.9 to the City.
Payment will be made on the basis of approved Applications for Payment certified by the
Consultant and recommended for payment by the Resident Project Representative and/or the
City and such supporting documentation as the City may reasonably require including, without
limitation, any Design/Builder and Subcontractor lien waivers/releases of claims and consents of
surety releasing the City from any and all present or future liability for payment which accrued or
may accrue against the City on account of the Work that is the subject of the Application for
Payment (conditioned only on payment); provided, however, such lien waivers from
Subcontractors need only cover the immediately preceding Application for Payment period.
Such supporting documentation will include, but shall not necessarily be limited to, the following:
i. The Design/Builder's payroll records or certified copies thereof, pertinent
to the Work for which payment is requested, if applicable to the Project pursuant to the terms of
the RFP (i.e. to address federal grant requirements and the like) . The Design/Builder's payroll
records shall contain the name, address and social security number of each employee, his or
her correct classification, rate of pay, daily and weekly number of hours worked, itemized
deductions made and actual wages paid, with hourly base rate, hourly fringe rate and hourly
benefit rate clearly indicated.
ii. An updated progress schedule acceptable to City as required by Article 6
of this Agreement;
iii. A list of Subcontractors that worked during the Application for Payment
period;
iv. A release of lien/claims from the Design/Builder in favor of the City, and
releases of Liens/Claims from each Subcontractor in favor of the Design/Builder and the City,
relative to the Work which was the subject of previous Applications for Payment
v. A Consent of Surety relative to the Work which is the subject of the
pending Application for Payment;
vi. Aerials and photographs of the areas of Work for the period that is the
subject of the pending Application for Payment, dated within its NATIVE DIGITAL/media format;
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vii. Verifiable evidence of updated as-built information for Work performed
during the payment period in CAD format;
viii. A LEED certification status report, if applicable, including documentation
of compliance with specifications for Work items that have been designated as intended to
support the City's application for LEED certification; and
ix. Any other documentation requested by the Contract Administrator
Project Coordinator RPR or any other City designee, to assist in the City's review of
applications for payment, including, without limitation, cancelled checks for prior payment
periods covered by prior Applications of payment if requested by Contract Administrator,
Project Coordinator or any other City designee.
Contract Administrator may elect to waive submission of any particular supporting
document on a case-by-case basis if Design/Builder demonstrates extraordinary
extenuating circumstances for being unable to provide the required documentation, and
provided further that any such waiver in any specific instance shall not in any way
constitute a waiver of the requirement to provide all supporting documentation in every
other instance, including any other Application for Payment.
c. Review Process. Pencil copy draft Applications for Payment shall be submitted to
Design/Builder by Subcontractors and Sub-consultants on the 20th of each month. Design/Builder
will review and have a draft pencil copy ready for City's and RPR's review and conduct each field
walk ("Project Site Walk-through") with Consultant and/or Resident Project Representative as soon
as possible thereafter. City, Resident Project Representative, and Consultant shall submit all final
comments to Design/Builder after the Project Site Walk-through /pencil copy review. Design/Builder
will then submit completed, certified and corrected final edits with all backup to the City or the City's
agent (the Resident Project Representative) no later than the first day of the following month. City
acceptance of Applications for Payment will occur and will only be considered effective after all of
the following have been completed; i) Application for Payment is certified by the Consultant; ii)
Application for Payment is approved and/or certified by the Resident Project Representative; iii) all
releases of liens/claims are properly notarized and submitted to the City; iv) all required supporting
documentation in accordance with Section 8.1(b) of this Agreement and as may be otherwise
required by the other Contract Documents, is submitted; and v) comments provided by City,
Resident Project Representative, and Consultant from draft review are satisfactorily addressed.
Applications for Payment shall be subject to final approval by the City. Failure to furnish supporting
evidence for amounts invoiced shall result in a reduction of the amount otherwise due to
Design/Builder. Incomplete Applications for Payment will not be processed. Design/Builder must
submit an Application for Payment once each Payment Period, with the exception of Applications
for Payment for release of retainage only, which Design/Builder must submit separately from
Applications for Payment for Work performed during a Payment Period.
8.2. Right to Withhold Payments. Notwithstanding any provision hereof to the contrary , the
City may withhold payments to the Design/Builder in the following circumstances:
a. In addition to the Performance Bond and Payment Bond and any other security
or retainage then being held by the City, the City may withhold from any payment due or to
become due to the Design/Builder, amounts sufficient to reimburse the City for its
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expenditures incurred or that may be incurredon account of the Design/Builder or to secure
the following:
i. correction or re-execution of Work which is defective or has not been
performed in accordance with the Contract Documents and which the Design/Builder has
failed to correct in accordance with the terms of this Agreement or any other Contract
Documents;
ii. past due payments owed to Subcontractors for which City has not been
provided an appropriate release of lien/claim (whether or not the Work in question is the
subject of any dispute);
iii. the City's remedies arising from any failure to perform the Contract
Documents' requirements or uncured Default of this Agreement by the Design/Builder;
iv. damage to another contractor or third-party (including, without limitation,
the property of any resident or business in the area surrounding the Project Site) which has
not been remedied or, damage to City property which has not been remedied;
v. liquidated damages and/or any other costs incurred by City for extended
construction administration, to the extent permitted by the Contract Documents;
vi. failure of Design/Builder to provide any and all documents required by
the Contract Documents including, without limitation, the failure to maintain as-built drawings
• in a current and acceptable state; and
. vii. pending or imminent Claims of the City or others including, without
limitation, Claims which are subject to Design/Builder's indemnity obligation under Article 14
hereof, for which the Design/Builder has not posted bonds or other additional security
reasonably satisfactory to the City.
Except as otherwise specifically provided in this Agreement, in no event shall any interest
be due and payable by the City to the Design/Builder or any other party on any of the sums
retained by the City pursuant to any of the terms or provisions of any of the Contract
Documents.
8.3. NOT USED
8.4. Effect of Application. In presenting an Application for Payment to the City, the
Design/Builder warrants that:
a. Title to the Work, including all materials and equipment, covered by such
Application for Payment will pass to the City, free and clear of any and all liens, claims,
security interests or other encumbrances (for purposes of this Article 8, hereinafter referred to
as "Liens"), either by incorporation in construction or upon receipt of payment by the
Design/Builder, whichever occurs first, and such Work shall not give rise to any valid Claims
against the Performance and Payment Bond furnished by the Design/Builder. The
Design/Builder shall provide evidence demonstrating the above facts to the reasonable
satisfaction of the City upon the City's request;
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b. No Work, or any materials or equipment constituting a portion of the Work,
covered by such Application for Payment will have been acquired by the Design/Builder, or
any other person performing work at the Project Site or furnishing materials or equipment for
the Project, subject to an agreement under which a Lien is retained by the seller or otherwise
imposed by the Design/Builder or such other person;
c. The design and construction have progressed to the point indicated in the
Application for Payment; the quality of the Work and any goods and materials covered by
such Application for Payment are in accordance with the Contract Documents and Applicable
Laws, codes, ordinances, rules and regulations of governmental authorities having jurisdiction
over the Project; and the Design/Builder is entitled to payment in the amount requested; and
d. The Design/Builder and its Consultant, Design Subconsultants and
Subcontractors of any tier are not in breach of applicable conflict of interest provisions of state
law with respect to this Agreement and have not been debarred from bidding on work by the
State or the City.
8.5. Payments to Consultant, Design Subconsultants, and Subcontractors. No
Application for Payment shall include any request for payment of amounts that the
Design/Builder or the Consultant does not intend to pay to a Subcontractor or Design
Subconsultant because of a dispute or for any other reason. The Design/Builder shall pay each
Consultant and Subcontractor, except for payments already made directly by the
Design/Builder, promptly out of the amount paid to the Design/Builder on account of such
Consultants and/or Subcontractor's work, goods and/or materials, the amount to which said
Consultant and/or Subcontractor is entitled in accordance with the terms of the Design/Builder's
contract with such Consultant and/or Subcontractor. The Design/Builder shall, in its agreement
with each Consultant and Subcontractor, require each Consultant and Subcontractor to make
payments to its Design Subconsultants and Sub-subcontractors in similar manner. The City
shall have the right to withhold from payments to the Design/Builder amounts that the City
reasonably believes are owing to a Consultant and/or Subcontractor(from City's past payments)
unless the Design/Builder explains the circumstances of such nonpayment to the satisfaction of
the City. Notwithstanding the foregoing, the City shall have no obligation to pay or to be
responsible in any way for payment to any Consultant, Design Subconsultant and/or
Subcontractor.
8.6. Subcontractors' Rights/ No Mechanics' Liens. The rights of all persons supplying
labor, materials and supplies, used directly or indirectly in the prosecution of the Work
covered by the Contract Documents, are governed by the provisions of Section 255.05,
Florida Statutes. Nothing in the Contract Documents shall be construed to confer any
benefits or rights or to create any relationships whatsoever between the City and any
Subcontractor, supplier, laborer or any other party except as same may be granted,
conferred or created by Section 255.05 of the Florida Statutes.
a. If any Subcontractor, supplier, materialman, or laborer, of any tier, or any
other person files or provides notice of a Lien, demand or Claim relating to the Work, or any
part thereof or any interest therein, or any improvements thereon, or against any monies
due or to become due to the Design/Builder on account of any Work, labor, services,
materials, machinery, equipment or other items performed or furnished for or in connection
with the Work, the Design/Builder shall cause such Liens or Claims to be satisfied,
released or discharged within thirty (30) days from the date of filing or notice thereof;
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provided, however, that the City may extend the thirty (30) day period if the Design/Builder
demonstrates to the satisfaction of the City that such Lien or Claim cannot be so satisfied,
released or discharged in such time period and that the Design/Builder is proceeding
diligently to cause such Liens or Claims to be satisfied, released or discharged. The City
will withhold the amount of the Lien or Claim from payments to be made to the
Design/Builder, pending the satisfaction, release or discharge of the Lien or Claim, in
accordance with all requirements of Florida law including, but not limited to, Sections
255.05 and 255.078, Florida Statutes.
b. To the fullest extent permitted by law, the Design/Builder shall defend,
indemnify and hold the City harmless against any and all Liens Claims, suits, judgments,
costs or expenses, including reasonable attorneys' fees (including those of its in-house
attorneys and outside counsel) arising from, by reason of, or in connection with any such
Liens, Claims, suits or judgments. The City shall have the right, at its sole option, to
participate in the defense or resolution of any such Liens or Claims, suits or judgments,
without relieving the Design/Builder of its obligations hereunder or waiving any rights and
remedies the City may have in connection therewith.
8.7. Retainaqe. The City shall withhold from each progress payment made to the
Design/Builder retainage in the amount of ten percent (10%) of each such payment until fifty
percent (50%) of the Work has been completed and certified by the Consultant, RPR and
the City. The Work shall be considered 50% complete at the point at which the City has
expended 50% of the Contract Price together with all costs associated with existing Change
Orders or other additions or Amendments to the construction Work provided for in this
Agreement.
Thereafter, the City shall reduce to five percent (5%) the amount of retainage withheld from
each subsequent progress payment made to the Design/Builder, until Substantial
Completion as provided in Section 6.10 herein. Any reduction in retainage below five
percent (5%) shall be at the sole discretion of the City after written request by
Design/Builder.
All requests for release of retainage shall be made in accordance with, and shall be subject
to, the requirements of Section 255.078 of the Florida Statutes, as may be amended.
Except as provided by law, the City shall have no obligation to release or disburse retainage
until Substantial Completion of the Project. Any such request shall be made independently
of and separately from any Application for Payment or other document required by the
Contract Documents. Upon receipt by the Design/Builder of a Certificate of Substantial
Completion pursuant to Section 6.11 hereof, fully executed by the City establishing the
Substantial Completion Date, and after completion of all items on the Substantial
Completion Punch List and/or other incomplete Work, the Design/Builder may submit a
payment request for all remaining retainage. It shall be the City's sole determination as to
whether any of the items have been completed. For items deemed not to have been
completed, the City may withhold retainage up to two times the total cost to complete such
items. In the event that all or any of the Substantial Completion Punch List items have not
been completed on or before the Final Completion Date, then City, in its sole discretion, may
elect to complete some or all of such Substantial Completion Punch List items and apply the
retainage held with respect thereto towards the costs of completion thereof; provided,
however, in the event that such retainage amounts are not sufficient to complete the
remaining Substantial Completion Punch List items, Design/Builder shall promptly pay to or
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reimburse the City for the amount of any deficiency. Any interest earned on retainage shall
accrue to the benefit of City. City shall disburse the retainage amounts withheld upon the
City's acceptance of the completion of the items for which they were withheld and, assuming
that no other items or conditions have arisen with respect to the Work, including, without
limitation, any defects or other noncompliance with the Contract Documents.
8.8. No Acceptance. No progress payment made by the City to Design/Builder shall
constitute acceptance of any portion of the Work, any goods or materials provided under
this Agreement or any portion thereof. No partial or entire use or occupancy of the Project
by the City shall constitute an acceptance of any portion of the Work or the complete Project
which is not in accordance with the Contract Documents.
8.9. Payment by the City.
a. Approval of Applications for Payment. The City shall use good faith
reasonable efforts to approve or reject (specifying, in the event of rejection, the reasons
therefor) each Design/Builder's certified Application for Payment within fourteen (14) days
after receipt thereof, or within such period of time as may be otherwise permitted by Fla.
Stat. 218.735. If reasons for rejection apply only to a portion of such Application for
Payment, only such portion shall be rejected. An Application for Payment or portion thereof
that has been approved by the City is herein referred to as an "Approved Application for
Payment."
b. Frequency of Payments. In accordance with Section 218.735 of Florida
Statutes, the City shall make, subject to the terms and conditions of this Agreement,
progress payments for Approved Applications for Payment, less Retainage as herein
provided for and/or withholding of any other amounts pursuant to the Contract Documents
(including, without limitation, withholding of payment pursuant to Article 8 and any other
provisions of the Contract Documents), and shall use good faith reasonable efforts to make
such payments within the twenty-five (25) days after the applicable certified Application for
Payment is marked as received, in accordance with Section 218.74(1) of the Florida
Statutes.
c. No Diversion. The Design/Builder agrees that monies received for the
performance of this Agreement shall be used first for payment due for labor, material, and
services for the Project and taxes thereon, and said monies shall not be diverted to satisfy
obligations of the Design/Builder on other contracts or accounts and/or in any manner which
may constitute a violation of Florida Statute 713.345.
8.10. Release of Subcontractor Retainaqe. If a Subcontractor has completed its portion of
the Work (including all Substantial Completion Punch List items relating to the
Subcontractor's portion of the Work) pursuant to any given Subcontract, the Design/Builder
may request the City to disburse the Retainage being held by the City in respect of such
Subcontractor, after delivering to the City any necessary consent to such disbursement from
any bond sureties in form reasonably satisfactory to the City. If the City is reasonably
satisfied the Subcontractor's work has been completed in accordance with the Contract
Documents and the City has received satisfactory final releases of lien with respect to the
Subcontractor's work, the City may, at its sole discretion, disburse said portion of Retainage,
provided that all other requirements of the Contract Documents are satisfied. Regardless of
whether the City has disbursed said Retainage with respect to any Subcontractor, the
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twelve (12) month period referred to in Section 13.2 herein and as otherwise required by the
Contract Documents shall not begin with respect to the portion of the Work performed by
such Subcontractor until the Substantial Completion Date.
8.11. Maximum Reimbursement. Notwithstanding anything to the contrary set forth in the
Contract Documents, in no event shall the Design/Builder be entitled to reimbursement from the
City with respect to the Work for any amount that exceeds the Contract Price.
8.12. Final Progress Payment/Final Completion. At such time as all Work, including all
Substantial Completion Punch List items, is complete in accordance with the Contract
Documents and accepted by the City (except as provided in Section 13.2), the Design/Builder
may apply for the Final Progress Payment in accordance with this Section. Upon receipt of
written notice from Design/Builder that the Work is ready for final inspection and acceptance, •
Consultant. City and RPR shall, within ten (10) days, make an inspection thereof. If Consultant
and Contract Administrator find the Work acceptable, the requisite documents set forth below
have been submitted, the requirements of the Contract Documents have been fully satisfied,
and all conditions of the permits and regulatory agencies have been met, a Final Certificate of
Payment in the form set forth in Appendix "C" hereto shall be issued by Consultant, evidenced
by its signature, certifying under oath that the requirements of the Contract Documents have
been performed and the Work is ready for acceptance under the terms and conditions thereof.
The City will pay the remaining amount of money due the Design/Builder under this
Agreement, provided that the Design/Builder has submitted the following to the City:
a. Consent of any bond sureties to such payment, in a form reasonably satisfactory
to the City;
b. Any-other documentation establishing and evidencing payment or satisfaction of
obligations including, but not limited to, receipts, releases and final waivers of lien from the
Design/Builder and all Consultants, Design Subconsultants and Subcontractors, to the extent
and in such form as may be reasonably required by the City;
c. Final bill of materials, if applicable, and final invoice;
d. Any and all manufacturers' warranties, guarantees, maintenance instructions,
catalogs and other similar documentation; all such warranties and guarantees shall be in the
name of the City and run to the benefit of the City; and
e. As required by the Contract Documents, a complete set of the "field set" of
drawings in .pdf format, final "as-built" drawings, as specified in Article 3 stamped, signed and
sealed and approved by the Consultant and the Design/Builder, together with the compact disc
of such drawings and the final "as-built" critical path method schedule referenced in said Article
3.
8.13. Waiver of Claims. The release by the City and acceptance of the Final Progress
Payment by Design/Builder shall operate as and shall be a release to the City from all
present and future Claims or liabilities, of whatever kind or nature, arising under, relating to
or in connection with this Agreement for anything done or furnished or relating to the Work
or the Project, or from any act or omission of the City relating to or connected with the
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Contract Documents, the Work or the Project, except those Claims or liabilities, if any, for
which the Design/Builder has provided the City with written notice pursuant to and in strict
compliance with Article 15 herein and containing a detailed reservation of rights that
identifies the precise nature of the dispute, all facts in support of Design/Builder's Claim, the
particular scope of Work giving rise to the Claim, and the amount and/or time sought in
connection with the Claim.
ARTICLE 9
PROTECTION OF PERSONS AND PROPERTY
9.1. Project Site Safety. Notwithstanding anything contained to the contrary herein, as
between the Design/Builder and the City, the Design/Builder has sole responsibility for
safety throughout the term of this Agreement. The Design/Builder shall be solely responsible
for initiating, maintaining and providing supervision of safety precautions and programs in
connection with the Work, and shall also comply with any and all insurance carrier-
mandated safety requirements and programs. The Parties acknowledge and agree the
Design/Builder's responsibility for review, monitoring and coordination of the safety
programs of Subcontractors shall not extend to direct control over execution of
Subcontractors' safety programs. Each Subcontractor shall remain the controlling employer
with respect to its portion of the Work and shall be responsible for the safety programs and
precautions applicable thereto as well as the activities of others' work in areas designated to
be controlled by such Subcontractor.
9.2. Security. The Design/Builder shall take any and all precautions that may be reasonably
necessary to render all portions of the Work, the Project Site and any adjacent areas affected by
the Work secure in every material respect, to decrease the likelihood of accidents from any
cause; and to avoid vandalism and other contingencies which may delay the Work or give rise
to any Claims or liabilities. The Design/ Builder shall furnish and install all necessary facilities to
provide safe means of access to all points where Work is being performed. The Design/Builder
shall take all precautions and measures as may be reasonably necessary to secure the Work
and Project Site at all hours, including evenings, holidays and non-work hours. Such
precautions may include but not be limited to, provision of security guards, locked gates or
fences and/or installation of security cameras.
9.3. Severe Weather. During such periods of time as are designated by the United States
Weather Bureau as being a tropical storm watch or warning or a hurricane watch or warning, the
Design/Builder, at no cost to the City, shall take all precautions necessary to secure the Project
Site in response to all threatened storm events, regardless of whether the City has given notice
of same. Compliance with any specific tropical storm or hurricane watch or warning precautions
will not constitute additional Work including, without limitation, physically securing and/or
removing on-site materials or equipment which may pose a hazard if left in the Project Site
during a severe weather event.
9.4. Prevention of Damage or Injury. The Design/Builder shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury
or loss to a) persons performing the Work and other persons who may be affected thereby; b)
the Work and materials, fixtures and equipment to be incorporated therein; and c) other property
used in connection with the Work, whether or not located at or adjacent to the Project Site. Only
such materials and equipment as are reasonably necessary or appropriate for the Work under
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this Agreement shall be placed or stored at the Project Site. If gasoline, flammable oils or other
highly combustible materials are to be stored at the Project Site, they shall be stored in safety
containers and placed in clearly marked safe areas.
9.5. Accidents. In case of accident, the Design/Builder shall immediately furnish the City
with full data and all documents relative to such accident including, without limitation, any
accident and/or incident report prepared in connection therewith.
9.6. Notices. In connection with the performance of the Work, the Design/Builder shall give
notices and comply with all Applicable Laws, ordinances, rules, regulations and orders of
Federal, State and local governmental authorities bearing on or pertaining to the safety of
persons and property and their protection from damage, injury or loss.
9.7. Damage to Property at Project Site. The Design/Builder shall be liable for any and all
damage or loss to property belonging to the City or others at the Project Site to the extent
caused by the Design/Builder, any Consultant, Design Subconsultant, Subcontractor or
anyone directly or indirectly employed by any of them, or anyone for whose acts they may
otherwise be liable. The costs and expenses incurred by the Design/Builder under this
Section 9.7 shall not be reimbursable by City and shall be borne by Design/Builder at its sole
cost and expense. Nothing in the foregoing shall preclude the Design/Builder from paying
such costs and expenses out of any insurance proceeds received by the Design/Builder
under the policies of insurance maintained under this Agreement.
9.8. Damage to Others' Property. The Design/Builder shall exercise due care and take all
precautions during prosecution of the Work including, but not limited to, construction or
excavation, to avoid damage, as a result of the Design/Builder's and its Subcontractors'
operations to existing sidewalks, curbs, streets, alleys, pavements, utilities, adjoining
property, the work of Separate Contractors, and the property of the City and others. The
Design/Builder shall repair any damage thereto caused by the Design/Builder's or its
Subcontractors' operations. Design/Builder shall immediately report any damage caused to
others' property to the Contract Administrator, provided, however, that the costs and
expenses incurred by the Design/Builder under this Section 9.8 shall not be reimbursable by
City and shall be borne by Design/Builder at its sole cost and expense. Nothing in the
foregoing shall preclude the Design/Builder from paying such costs and expenses out of any
insurance proceeds received by the Design/Builder under the policies of insurance
maintained under this Agreement, provided that in no event shall the processing of any
insurance claims in any way relieve, excuse or delay the Design/Builder from remediating,
repairing, and/or otherwise completing all Work in accordance with the requirements of the
Contract Documents. In connection therewith, the City hereby waives all Claims against the
Design/Builder for loss or damage to any of the City's properties which currently adjoin the
Project Site, but only to the extent of the City's actual recovery of property insurance
proceeds from its property insurers. If the Design/Builder fails to repair such damage, then
after ten (10) days prior notice from the City to the Design/Builder, the City shall be entitled
to repair such damages occurring to its property with its own forces or other contractors and
to deduct from payments due or to become due to the Design/Builder amounts paid or
incurred by the City, including overhead, in repairing such damages if, within the ten (10)
day period after the City's delivery of such written notice to the Design/Builder, the
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Design/Builder has not commenced and diligently proceeded with any such repairs and/or
completed such repairs if feasible within the ten (10) day period.
9.9. Utilities. Design/Builder shall be solely responsible for verifying location of utilities and
for preserving all existing utilities within the Project Site limits and utilities otherwise affected by
Design/Builder's Work, whether shown in the Contract Documents or not. If utility conflicts are
encountered by Design/Builder during construction, Design/Builder 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/Builder to resolve any
conflicts and make all necessary adjustments, at no additional cost to the City. The
Design/Builder shall not be entitled to rely on as accurate any information and/or documentation
provided by the City which may identify locations of any utilities. Design/Builder shall
independently confirm the location of all such utilities and any potential conflicts therewith.
9.10. Protection of the Work. Design/Builder shall protect the Work, including Work that is
factory finished, during transportation, storage, during and after installation. Where applicable,
and as required, Design/Builder shall close off spaces of areas where certain Work has been
completed to protect it from any damage caused by others during their operations.
Design/Builder shall store all materials related to the Work, and shall be responsible for and
shall maintain partially or wholly finished Work through Substantial Completion 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/Builder shall satisfactorily repair and replace the same at
Design/Builder's own cost. The Design/Builder shall maintain suitable and sufficient guards, if
necessary, and barriers, and at night, suitable and sufficient lighting for the prevention of
accidents and/or any damage to the Project Site and the Work.. To all applicable areas where
preparatory work activity is part of the Work, Design/Builder shall carefully examine surfaces
over which finished Work is to be installed, laid or applied, before commencing with the Work.
Design/Builder shall not proceed with said Work until defective surfaces on which Work is to be
installed, laid or applied are corrected to the satisfaction of the Contract Administrator and /or
RPR. Commencement of Work shall be considered acceptance by Design/Builder of surfaces
and conditions.
9.11. No Interference. The Design/Builder covenants and agrees that it shall at all times
perform the Work, and cause all Subcontractors and representatives of Design/Builder to
perform the Work, so as to prevent interference with the residential areas adjacent to or
near the Project Site, business operations of the City, members of the public and employees
and other parties associated with adjacent businesses and/or operations, including, without
limitation prevention of, the following types of interference: (a) fumes, odors, dust, debris,
noise, vibration and safety hazards; (b) obstructions of access and obstructions of traffic
flow to or from any building, roadway, entryway, parking garage or parking lot in the vicinity
of the Project Site, and (c) interruption in the availability and normal operation of water,
sewer, electricity, gas, telephone, FIVAC systems, computer systems and other utility
services and systems relating to properties adjacent to and around the Project Site. The
Design/Builder must plan ahead in detail, schedule accurately, anticipate problems, and
communicate clearly in writing to the City in a timely manner its plans and intentions clearly
in writing to the City in a timely manner to avoid creating any of the types of interference
described in this Section . If any such interference does occur, the Design/Builder must act
immediately to remedy the same.
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If any of the Design/Builder's construction or other activities interfere with or otherwise
disrupt the City's operations, the Design/Builder shall, within one (1) hour of notice from the
City, remedy or otherwise correct the cause of such interference or disruption.
ARTICLE 10
BONDS AND INSURANCE
10.1. Project Insurance. The Design/Builder 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 it has obtained all insurance
coverage has been obtained which meets the requirements as described in Appendix "G" of this
Agreement prior to commencing performance of the Work. At the request of the City,
Design/Builder shall also provide copies of such insurance policies.
10.2. Performance Bond And Payment Bond. The Design/Builder shall, within ten (10)
business days of the Contract Date, furnish and deliver to the City a payment bond and a
performance bond, in a form to be provided by the City, issued by sureties licensed and
authorized to do business in the State of Florida, covering the faithful performance and
completion of this Agreement, including the performance and completion of those services
provided by Design Consultants and Design Subconsultants, and Subcontractors of any tier
and covering the payment of all obligations arising hereunder including but not limited to, the
payment for all materials used in the performance of this Agreement and for all labor and
services performed under this Agreement (including materials, labor and/or services
provided by Design Consultants and Design Subconsultants and Subcontractors of any tier),
whether by Subcontractors or otherwise. Each of the aforesaid bonds (collectively herein
referred to as the "Performance Bond and Payment Bond") shall have a penal amount equal
to the Contract Price, unless otherwise approved by the City and to the extent permitted by
law. Each bond shall be increased in the amount of any change to the Contract Price. Each
bond shall continue in effect for one (1) year after Final Completion of the Work.
The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet
all the requirements of Appendix "G" and the Performance Bond and Payment Bond shall
each be in the form set forth in Appendix "I" hereof, or shall otherwise be acceptable to the
City in its reasonable discretion. If any of the sureties on the Performance Bond and
Payment Bond at any time fails to meet said requirements, or is deemed to be insufficient
security for the penalty of said bond, then the City may, on giving thirty (30) days notice
thereof in writing, require the Design/Builder to furnish a new and/or additional bond(s) in
the above amounts with such sureties thereon being licensed and authorized to do business
in the State of Florida and as shall be satisfactory to the City. The Design/Builder shall pay
all costs of compliance with this Article 10 as part of the Contract Price.
ARTICLE 11
CHANGES IN THE WORK
11.1. Contract Amendments. The City, without invalidating this Agreement, may order
changes in the Work within the general scope of the Contract Documents consisting of
additions, deletions or other revisions, with the Contract Price and the Contract Time being
adjusted accordingly. Amendments to the Contract Documents may be issued by the City on its
own initiative or in response to a proposal by the Design/Builder.
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a. Changes in the Work may be accomplished after execution of this
Agreement, and without invalidating this Agreement, by Change Order or Construction
Change Directive. A Change Order shall be based upon agreement between the City and the
Design/Builder; a Construction Change Directive may be issued by the City alone and may or
may not be agreed to by the Design/Builder. Changes in the Work shall be performed under
applicable provisions of the Contract Documents, and the Design/Builder shall proceed
promptly, unless otherwise provided in the Change Order or Construction Change Directive.
UNILATER DEDUCTIVE CHANGE ORDER treat same as changes to work with reservation of
rights
b. If City requests a change in the Work, it shall submit a change request to
Design/Builder, in writing. Within seven (7) days of its receipt of any such request from the
City, the Design/Builder shall submit a detailed proposal to the City stating (i) the proposed
increase or decrease, if any, in the Contract Price which would result from such a change,
(ii) the effect, if any, upon the Contract Time and/or achievement of any Milestone by reason
of such proposed change, and (iii) all supporting data and documentation, including any
requested by the City in its change request.
c. If the Design/Builder proposes an increase or decrease in the Contract
Price, such proposal must be accompanied by a detailed cost breakdown in relation to the
Project Budget and sufficient substantiating data to permit evaluation by the City. If the
Design/Builder does submit a proposal within the preceding seven (7) day time period, the
City shall, within thirty (30) days following its receipt of such proposal, notify the
Design/Builder as to whether the City agrees with such proposal and wishes to accept the
Design/Builder's proposal.
d. In the event the City agrees to accept the Design/Builder's proposal in
relation to the City's request for a change in the Work, the Parties shall execute a Change
Order, stating their agreement upon all of the following: i) in the scope of the change in the
Work; ii) the amount of the adjustment in the Contract Price, if any; and (iii) the extent of the
adjustment in the Substantial Completion Date and/or Milestone, if any. In addition to the
circumstances described above, the Parties may enter into a Change Order to the extent
otherwise expressly provided in this Agreement. The increase or decrease in the Contract
Price resulting from a change in the Work shall be determined in one or more of the following
ways:
1. by mutual acceptance of a lump sum properly itemized and
supported by sufficient substantiating data to permit evaluation by the Contract
Administrator and Resident Project Representative;
2. by unit prices if agreed upon; or
3. by time and materials cost and a mutually acceptable fixed
or percentage fee for the Design/Builder. Design/Builder expressly acknowledges and
agrees that it has sufficiently calculated and incorporated any and/or all overhead and
profit into its cost proposal using any of the aforementioned methodologies.
e. If none of the methods set forth above are agreed upon, the City may either
(i) notify the Design/Builder that the City has decided not to proceed with the requested
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change; or (ii) issue a Change Order for the maximum amount and time agreed to by the
City, with the difference subject to a reservation of rights by the Design/Builder. The cost of
such Work shall then be determined on the basis of the reasonable expenditures and savings of
those performing the Work attributed to the change, including a reasonable overhead and profit
in accordance with this Article 11. The Project Coordinator, with the input of the Consultant
and/or Resident Project Representative, will establish an estimated cost of the Work and the
Design/Builder shall not perform any Work whose cost exceeds that estimate without prior
written approval by the City. In such case, and also under Subsection 11.1(d) above, the
Design/Builder shall keep and present, in such form as the City may prescribe, an itemized
accounting together with appropriate supporting data of the increase in the Contract Price as
outlined in Article 8. In such event, Design/Builder shall promptly proceed with the Work
involved.
f. If the City elects not to proceed with a change after reviewing the
Design/Builder's proposal submitted in response to a change request by the City, the
Design/Builder shall be reimbursed for costs reasonably incurred by it for design services or
preparing proposed revisions to the Contract Documents in connection with such change
request by only under the following circumstances: (i) such change is a material and substantial
deviation from the scope of the Work and is not contemplated by or reasonably inferable from
the Contract Documents; and (ii) the Design/Builder received written approval from the City in
advance of incurring such design costs and the City approved the specific amount of design
costs being sought for reimbursement, at the rates the City customarily pays for comparable
design services. If the preceding conditions are satisfied, the Design/Builder shall be reimbursed
for the specific design costs, as approved by the City for design services or preparing approved
revisions to the Contract Documents at the rates the City customarily pays for comparable
design services. In furtherance thereof, such rates must be set forth in documentation to be
submitted and approved by the City in its reasonable discretion.
g. If unit prices are included as part of any Change Order or are otherwise
applicable pursuant to any of the Contract Documents, City shall pay to Design/Builder the
amounts determined for the total number of each of the units of Work completed at the unit price
stated in the Schedule of Prices Bid associated with such Work. The number of units contained
in the bid is an estimate only, and final payment shall be made for the actual number of units
incorporated in or made necessary by the Contract Documents, as may be amended by Change
Order. If additional unit price work is ordered, then the Design/Builder shall perform the Work
as directed and shall be paid for the actual quantity of such item(s) of Work performed at the
appropriate original Schedule of Prices Bid associated with such Work.
h. The Design/Builder's overhead and profit markup or fee for all Change Orders
shall not exceed (i) ten percent (10%) of the net change in the Contract Price for Work
performed by Design/Builder's own forces, or (ii) five (5%) of the net change in the Contract
Price for Work performed by Subcontractors and Suppliers. The overhead and profit markup or
fee by Subcontractors and Suppliers for Change Orders shall be reasonable, but in no event
shall the aggregate total amount of overhead and profit that each Subcontractor and all lower
tier subcontractors and Suppliers can charge for Work performed pursuant to Change Orders
and Construction Change Directives exceed seven and one-half percent (7.5%). For deductive
Change Orders, including deductive Change Orders arising from both additive and deductive
items, the deductive amounts shall include a proportionate corresponding reduction in the
overhead and profit fee, as applicable to the Design/Builder, Subcontractors or Suppliers.
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i. Notwithstanding any other provision of the Contract Documents to the
contrary, Design/Builder acknowledges and agrees that after the Contract Price has been
established, no Change Order shall be approved for any matters referenced in Sections 3.10(a)
through 3.10(f), and 3.23(a) through 3.23(b), including all subparts thereto.
j. Design/Builder shall furnish to the City all supporting documentation
evidencing all of its proposed expenditures, demonstrating that the costs are necessary for the
completion of the Project, and the reasons the amounts should be payable by the City. If
Design/Builder disagrees with City's decision to deny a request for a Change Order and/or to
utilize the City's Contingency, any such dispute may be resolved in accordance with the dispute
resolution procedures set forth in Article 15.
11.2. Construction Change Directives. The Contract Administrator or RPR shall have the
right to approve and issue Construction Change Directives setting forth written interpretations of
the intent of the DCP or the Contract Documents (other than the Construction Documents) to
Design/Builder and ordering minor changes in execution of the Work, provided the Construction
Change Directive involves no change in the Contract Price or the Contract Time.
11.3. No Design/Builder Changes. The Design/Builder shall not initiate changes in the scope
of the Work; it being acknowledged and agreed by the Design/Builder that the Work can be
successfully completed within the Contract Price and by the Substantial Completion Date.
11.4. Claims Regarding Scope Changes. A "Scope Change" shall mean a material change
in the Work which either (i) is not reasonably inferable from the Construction Documents and
other Contract Documents, or (ii) is a substantial increase or decrease in the Work arising from
any changes required to the Construction Documents by agencies having jurisdiction and which
were not reasonably foreseeable. Design/Builder acknowledges and agrees that increases or
decreases in the Work arising from (i) any matters implicating or covered by Sections 3.10(a)
through 3.10(f), and Sections 3.23(a) through 3.23(b) including all subparts thereto, or (ii) gaps
between Subcontractors' bids, shall not constitute a Scope Change unless Design/Builder can
demonstrate that such Work was not reasonably inferable from the Construction Documents
and other Contract Documents.
a. If the Design/Builder believes that any direction, action,
comment or approval by the City or Consultant gives rise to or constitutes a Scope Change
for which a Change Order may be required, but for which a Change Order has not yet been
issued, the Design/Builder must submit notice to the City within ten (10) days of such
direction, action, comment or approval which it believes constitutes a Scope Change that
may require a Change Order, which shall constitute a Claim.
b. Any such notice shall include the Design/Builder's good faith
estimate as to the cost and schedule impact to the Design/Builder resulting from the
direction, action, comment or approval. The Design/Builder must submit, in accordance with
Article 15 of this Agreement, a final Claim to the City within thirty (30) days of such direction,
action, comment or approval, which Claim shall include the actual cost (including a detailed
cost breakdown in relation to the Project Budget and sufficient substantiating data to permit
evaluation by the City) and schedule impact to the Design/Builder resulting from the
direction, action, comment or approval.
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c. Such notice and final Claim are conditions precedent to any
cost or schedule adjustment on the basis of such Claim and, if the Design/Builder does not
submit such a notice within such ten (10) day period and a final Claim within such thirty (30)
day period, the Design/Builder shall be deemed to have waived its right to make such Claim
in the future. If the Design/Builder follows the preceding notice and Claim procedures and
the City agrees with the Claim, the Parties shall execute a Change Order implementing the
changes requested in the Claim. If the City does not agree with such a Claim, the Parties shall
resolve their disagreement is accordance with Section 15 of this Agreement.
11.5. Waiver of Claims. By executing a Change Order, the Design/Builder thereafter waives
all Claims and the right to assert any further Claim for an increase in the Contract Price or an
extension in the Substantial Completion Date or other Milestone or overall Contract Time based
on the Work that is the subject of such Change Order, ; it being acknowledged and agreed by
the Design/Builder that any such Change Order shall completely address any schedule or cost
impact associated with the subject matter of the Claim.
11.6. Cost and Schedule. Notwithstanding anything to the contrary contained in this
Agreement, the Contract Price, the Substantial Completion Date and any Milestone may only
be adjusted by Change Order.
ARTICLE 12
NO DAMAGES FOR DELAY; EXTENSIONS TO THE CONTRACT TIME
12.1. No Damages for Delay.
a. No Damages for Delay. NO CLAIM FOR DAMAGES OR ANY CLAIM
OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS including, without limitation, any Claim for
an increase in the Contract Price, or payment or compensation to the Design/Builder (or its
Consultant, Design Subconsultants and Subcontractors) of any kind for direct, indirect,
consequential, impact, or other costs, expenses, lost profits, compensation, reimbursement
or damages including, but not limited to, costs of acceleration or inefficiency arising because
of delay, disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference, or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable, and irrespective of whether such delay
constitutes an Excusable Delay and irrespective of whether such delay results in an
extension of the Contract Time; provided, however, Design/Builder's hindrances or delays
are not due solely to fraud, bad faith or willful or intentional interference by the City in the
performance of the Work, and then only where such acts continue after Design/Builder's
written notice to the City of such alleged interference.
b. Design/Builder acknowledges and agrees that Excusable Delay shall not be
deemed to constitute willful or intentional interference with the Design/Builder's performance
of the Work without clear and convincing proof that they were the result of a deliberate act,
without any reasonable and good-faith basis, and were specifically intended to disrupt the
Design/Builder's performance of the Work. The City's attempts to facilitate or assist
Design/Builder in performance of the Work shall in no way be construed, interpreted and/or
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be deemed to constitute willful or intentional interference with the Design/Builder's
performance of the Work.
c. Except as provided herein, Design/Builder hereby waives all other remedies
at law or in equity that it might otherwise have against the City on account of any Excusable
Delay and any and all other events that may, from time to time, delay the Design/Builder in
the performance of the Work. Design/Builder acknowledges and agrees that, except as
specified herein, all delays or events and their potential impacts on the performance by the
Design/Builder are specifically contemplated and acknowledged by the Parties in entering
into this Agreement and that Design/Builder's pricing of the Work and the determination of
the Contract Price shall be expressly based on the Design/Builder's assumption of the risks
thereof, and Design/Builder hereby waives any and all Claims it might have for any of the
foregoing losses, costs, damages and expenses.
12.2. Extensions to the Contract Time.
a. Excusable Delays. Design/Builder's sole remedy for Excusable Delay is an
extension of the Contract Time for each day of critical path delay, but only if the pre-requisites
and notice requirements of Subsection 12.4 below have been timely and properly satisfied. An
Excusable Delay is one that (i) directly impacts critical path activity delineated in the Project
Schedule and extends the time for completion of the Work; (ii) could not reasonably have been
mitigated by Design/Builder, including by re-sequencing, reallocating, redeploying and/or
increasing the amount of its forces to other portions of the Work; and (iii) is caused by Force
Majeure (as defined in Subsection 12.c below) or other circumstances beyond the control and
due to no fault of Design/Builder or its Subcontractors, materialpersons, Suppliers, or Vendors
("Excusable Delay"). If two or more separate events of Excusable Delay are concurrent with
each other, Design/Builder shall.only be entitled to an extension of time for each day of such
concurrent critical path delay, and Design/Builder shall not be entitled to double recovery
thereon. For illustration purposes only, if two events of Excusable Delay are concurrent for two
days, Design/Builder shall only receive a time extension of a total of two days, and not four
days.
b. Inclement weather may be grounds for an Excusable Delay when rains or other
inclement weather conditions result in Design/Builder being unable to work at least fifty percent
(50%) of the normal work shift on controlling items of Work identified on the accepted updated
progress schedule submitted pursuant to Article 3 of this Agreement. Time extensions for
weather delays shall not be automatic and must be requested in accordance with the notice and
other requirements of Article 12 hereof. No time extension for weather-related delays will be
permitted until the Design/Builder demonstrates that the total number of days in any given
month by which the Design/Builder has been delayed due to adverse weather conditions in
accordance with this Section exceeds the number of days corresponding with each month
below, as follows:
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Days: 06 06 06 06 10 15 16 17 17 13 08 06
, Time extensions in any given month shall only be allowable for adverse weather days in
excess of the days corresponding for each respective month as set forth above.
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c. A Force Majeure event may be grounds for an Excusable Delay. A "Force
Majeure" event is an event that (1) in fact causes a delay in the performance of a Party's
obligations under the Contract Documents, and (2) is beyond the reasonable control of the Party
incurring the delay, and (3) is not due to an intentional act, error, omission, or negligence of
such Party, and (4) could not have reasonably been foreseen and prepared for by such Party at
any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure
may include events such as war, civil insurrection, riot, fires, epidemics, sabotage, explosions,
embargo restrictions, quarantine restrictions, transportation accidents, strikes, floods, strong
hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force
Majeure shall not include technological impossibility, failure of equipment supplied by
Design/Builder, receipt of and incorporation of defective materials into the Work, failure of
Suppliers to deliver equipment and materials except where such failure is itself the result of a
Force Majeure event, or failure of Design/Builder to secure the required permits for prosecution
of the Work.
i. If Design/Builder's performance of its obligation under the Contract
Documents is prevented or delayed by an event believed by Design/Builder to be Force
Majeure, Design/Builder shall immediately upon learning of the occurrence of the event or of the
commencement of any such delay, but in no case exceeding the time period set forth in
Subsection 12.4, provide written Notice to the City, (1) of the occurrence of the delay, (2) of the
nature of the event and the cause thereof, (3) of the anticipated impact on the Work, (4) of the
anticipated period of the delay, and (5) of what course of action Design/Builder plans to take in
order to mitigate the detrimental effects of the event. Design/Builder's timely delivery to City of
the Notice of the occurrence of a Force Majeure event is a strict condition precedent to
allowance of an extension of time under this.Section; however, receipt of such Notice by City
shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact
Force Majeure. The burden of proof of the occurrence of a Force Majeure event shall be on
Design/Builder. Failure to give such Notice promptly within such time limit and/or without the
information required as set forth herein may be deemed sufficient reason for denial by City of
any extension of time.
ii. If in the opinion of City the event was a Force Majeure event,
Design/Builder shall be entitled to such extension of time for completing the Project as, in the
opinion of City, is reasonable and equitable.
iii. The suspension of Design/Builder's performance of the Work due to a
Force Majeure event shall be of no greater scope and no longer in duration than is absolutely
required. Design/Builder shall use its reasonable best efforts to continue to perform its
obligations hereunder to the extent such obligations are not affected or are only partially
affected by the Force Majeure event, and to correct or cure the event or condition excusing
performance and otherwise to remedy its inability to perform the Work to the extent its inability
to perform is the direct result of the Force Majeure event.
iv. Design/Builder's obligations that arose before the occurrence of a Force
Majeure event causing the suspension of performance shall not be excused as a result of such
occurrence unless such occurrence makes such performance not reasonably possible. The
obligation to pay money in a timely manner for obligations and liabilities which matured prior to
the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions.
COMM
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d. If an event of delay satisfying all requirements herein to constitute Excusable
Delay directly arises from an act or omission of the City relating to its obligations under the
Contract Documents, no such act or omission shall be deemed an Excusable Delay unless and
until the Design/Builder shall have first provided the City with written notice setting forth a
description of the specific acts or omissions adversely affecting the progress of the Work and
the City shall have failed, within ten (10) business days after receipt of such written notice, to
have responded in any way to the written Notice, (whether agreeing or disputing
Design/Builder's claimed event of delay) or commenced to address or correct the act or
omission described in the Design/Builder's notice; and provided further, if the City fails to correct
such act or omission, the period of any such Excusable Delay shall be deemed to have
commenced on the date the City received the aforesaid written notice from the Design/Builder.
e. Any extension of time for Excusable Delay will depend upon the extent to which
the delay affects the Project Schedule and will only extend the scheduled dates for the items of
the Work so delayed and shall be net of any available "float" time included in the Project
Schedule or Construction Schedule. Scheduled dates for other portions of the Work not so
delayed will remain unchanged. Delays which do not affect the Critical Path of the Project
Schedule will not entitle Design/Builder to an extension of time regardless of whether they may
otherwise satisfy the other requirements for an Excusable Delay.
f. Design/Builder's sole remedy for the occurrence of Excusable Delays shall be an
extension of time for the activities on the Project Schedule, in accordance with Section 12.2(a).
In lieu of providing a time extension for an Excusable Delay, subject to City's approval at its sole
discretion, City and Design/Builder may agree for Design/Builder to work on approved evening
or Saturday shifts. However, nothing contained herein, shall require the City to agree or permit
Design/Builder to work on any evening and/or Saturday shifts and the failure to grant such
permission shall not, in any way, excuse the Design/Builder from timely performing the Work in
accordance with the approved Project Schedule.
12.3 Unexcusable Delays. "Unexcusable Delay" shall mean any delays not included
within the definition of Excusable Delay as set forth above including, without limitation, any
delay which extends the completion of the Work or portion of the Work beyond the time
specified in the Project Schedule including, without limitation, the Substantial Completion
Date and any Milestone and which is caused by the act, fault, inaction or omission of the
Design/Builder or any Consultant, Design Subconsultant, Subcontractor, Supplier or other
party for whom the Design/Builder is responsible; any delay that could have been limited or
avoided by Design/Builder's timely notice to the City of such delay; or any delay in obtaining
licenses, permits or inspections that are the responsibility of the Design/Builder or its
Consultant, Design Subconsultant, Subcontractors, Suppliers or any other party for whom
the Design/Builder is responsible. An Unexcusable Delay shall not be cause for granting an
extension of time to complete any Work or any compensation whatsoever, and shall subject
the Design/Builder to damages in accordance with the Contract Documents. In no event
shall the Design/Builder be excused for interim delays which do not extend the Project
Schedule, including the Substantial Completion Date, or any Milestones.
12.4. Prerequisites and Notice Requirements for Extensions of Time. Except as provided
in Article 11 with respect to Changes in the Work, an extension of the Contract Time will only be
granted by the City under the following circumstances: (a) if a delay occurs as a result of an
Excusable Delay, and (b) the Design/Builder has complied with each of the following
requirements below to the reasonable satisfaction of the City:
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a. Design/Builder shall provide written notice to the City of any event of delay or
potential delay within two (2) business days of the commencement of the event giving rise to
the request. The Design/Builder, within ten (10) days of the date upon which the
Design/Builder has knowledge of the delay, shall notify the City, in writing, of the cause of
the delay, stating the approximate number of days the Design/Builder expects to be
delayed, and must make a request for an extension of time, if applicable, to the City, in
writing, within ten (10) days after the cessation of the event causing the delay, specifying
the number of days the Design/Builder believes that its activities were in fact delayed by the
cause(s) described in its initial notice.
b. The Design/Builder must show to the reasonable satisfaction of the City that
the activity claimed to have been delayed was in fact delayed by the stated cause of delay,
that the critical path of the Work was materially affected by the delay, that the delay in such
activity was not concurrent with any Unexcusable Delay, and that the delay in such activity
will result in a delay of the Substantial Completion Date in the Project Schedule or any other
Milestone.
c. The initial notice provided by the Design/Builder under Subsection (a) above
shall provide an estimated number of days the Design/Builder believes it will be delayed and
describe the efforts of the Design/Builder that have been or are going to be undertaken to
overcome or remove the Excusable Delay and to minimize the potential adverse effect on
the cost and time for performance of the Work resulting from such Excusable Delay. The
mere written notice of an event of delay or potential delay, without all of the aforementioned
• required information, is insufficient and will not toll the time period in which the
Design/Builder must provide proper written notice under this Article.
d. Design//Builder's strict compliance with this Section is a condition precedent
to receipt of an extension of the Contract Time. Failure of the Design/Builder to comply with
all requirements as to any particular event of delay, including the requirements of this
Section, shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of
any entitlement to an extension of time and all Claims resulting from that particular event of
Project delay. Once the Parties have mutually agreed as to the adjustment in the Contract
Time due to an Excusable Delay if any, they shall enter into a Change Order documenting
the same.
e. If the City and Design/Builder cannot resolve a request for time extension made
properly and timely under this Section within sixty (60) days following submission, the
Design/Builder may re-submit the request as a Claim in accordance with the procedures set
forth in Article 15 of this Agreement.
f. Design/Builder's Duty. Notwithstanding the provisions of this Agreement
allowing the Design/Builder to claim delay due to Excusable Delay, whenever an Excusable
Delay shall occur, the Design/Builder shall use all reasonable efforts to overcome or remove
any such Excusable Delay, and shall provide the City with written notice of the
Design/Builder's recommendations on how best to minimize any adverse effect on the time
for performing the Work resulting from such Excusable Delay. In furtherance of the
foregoing, whenever there shall be any Excusable Delay, the Design/Builder shall use all
reasonable efforts to adjust the Project scheduling and the sequencing and timing of the
performance of the Work in a manner that will avoid, to the extent reasonably practicable,
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any Excusable Delay giving rise to an actual extension in the time for performance of the
Work.
ARTICLE 13
CORRECTION OF WORK
13.1. Correction of Work Prior to Completion. Prior to the Substantial Completion Date, the
Design/Builder shall, at the earliest practical opportunity, correct Work (including any drawings,
plans, specifications, items of construction or fabrication, or any other product constituting a part
of or component of the Work) (i) which the City, RPR and/or Consultant reasonably rejects as
defective or nonconforming to the Contract Documents (whether arising from a design or
construction defect, error, omission or deficiency) in a written notice delivered to the
Design/Builder at any time, or (ii) which is otherwise known by the Design/Builder or any
Consultant, Design Subconsultant, Subcontractor or Supplier to be defective or nonconforming
to the Contract Documents. If other portions of the Work are adversely affected by, or are
damaged by, such defective Work, the Design/Builder shall, at the earliest practical opportunity,
correct, repair or replace such affected or damaged Work as well as any other property of the
City damaged by such defective or nonconforming Work, whether or not such Work is
fabricated, installed or completed. The cost of correcting any such Work shall not be
reimbursable by the City and shall be borne by the Design/Builder at its sole cost and expense.
Nothing in the foregoing shall preclude the Design/Builder from paying such costs and expenses
from any insurance proceeds received by the Design/Builder under the insurance maintained
under this Agreement.
13.2. Correction of Work after Substantial Completion. For a period of twelve (12) months
from the Substantial Completion Date, the Design/Builder shall, promptly after receipt of notice
from the City, and at its sole cost and expense, including the cost and expense of additional
architectural, engineering and other professional services and inspection and testing
services, re-execute, correct, repair and replace all Work found to be defective or
nonconforming to the Contract Documents (whether arising from a design or construction defect,
error, omission or deficiency) and all portions of the Work adversely affected by or damaged by
such defective or nonconforming Work and all other property of the City which is damaged by
such defective or nonconforming Work.,. The Parties understand and agree that the preceding
language shall in no way limit the City's right or ability to recover from the Design/Builder for
defective or nonconforming Work, or errors or omissions, to the extent such defective or
non-conforming Work, errors or omissions constitute a breach of the Contract Documents,
or otherwise constitutes the negligent performance of the Work or the obligations of the
Design/Builder hereunder. The Design/Builder shall use its best efforts to remedy any of the
foregoing matters so as to minimize revenue loss to the City and to avoid disruption of the
City's operations at, or adjacent to, the Project Site. Design/Builder shall initiate and
diligently pursue corrective action within seven (7) days after receipt of notice from the City,
unless such matters involve life safety issues, in which case Design/Builder shall
immediately initiate all corrective actions as may be necessary. All such corrective work
must be completed within thirty (30) days of receipt of notice from the City. In the event of a
reoccurrence of defective or nonconforming Work, the City may require replacement of the
Work, at Design/Builder's sole cost and expense, if any prior correction action was
insufficient. If Design/Builder undertakes any corrective action to repair or replace any
defective or nonconforming Work, and such Work is subsequently found to be defective or
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nonconforming, the City may undertake the repair and perform the Work at Design/Builder's
sole cost and expense.
13.3. No Limitation. Nothing contained in Section 13.2 of this Agreement shall be
construed to establish a period of limitation with respect to other obligations of the
Design/Builder under the Contract Documents, nor shall any such provisions be construed
to establish a period of limitation with respect to the City's rights and remedies in the event
of the discovery of any defects in the Work whether or not such defects are discussed
before the 12 month period following the Substantial Completion Date. The preceding
Section 13.2 relates only to the specific obligation of the Design/Builder to personally correct
the Work, and has no relationship to the time within which the obligation to comply with the
Contract Documents may be sought to be enforced against the Design/Builder, nor to the
time within which proceedings may be commenced to establish the Design/Builder's liability
with respect to the Design/Builder's obligations or recover damages in connection therewith.
13.4. City's Right to Stop Work. If, prior to the Substantial Completion Date, the
Design/Builder persistently fails to correct defective Work as and when required hereunder,
or persistently or materially fails to carry out the Work in accordance with the Contract
Documents, the City may deliver a notice to the Design/Builder's Project Manager setting
forth that such a persistent or material failure is occurring and has occurred, and demanding
that the Design/Builder commence to cure such persistent or material failure within fourteen
(14) days and diligently pursue such cure thereafter. In the event that the cure is not
commenced and pursued to the reasonable satisfaction of the City within such 14-day
period, the City may, by written directive or consent of the Contract Administrator, order the
Design/Builder to stop the Work, or the portion of the Work to which such notice relates,
until the cause for such order has been eliminated; provided, however, the City's right to
stop the Work shall not have given rise to a duty on the part of the City to exercise the right
for the benefit of the Design/Builder or other persons or entities and shall not give rise to
any liability of the City to the Design/Builder resulting from delay. The Design/Builder shall
not have any Claim for an increase in the Contract Price or a change in the Project
Schedule due to stoppage in the Work or restarting the Work pursuant to this Section.
13.5. City's Right to Correct Deficiencies. If, prior to the Substantial Completion Date, the
Design/Builder fails, within fourteen (14) days after receipt of written notice from the City, to
commence and continue correction of any defective or nonconforming Work with diligence
and promptness to the satisfaction of the City, without prejudice to any other remedies the
City may have, including declaring the Design/Builder in Default, and with or without
terminating this Agreement in whole or in part, the City may correct such deficiencies, and
deduct an amount equal to the expenditures incurred by the City in so doing from amounts
due or to become due to the Design/Builder. If the payments then or thereafter due to the
Design/Builder are not sufficient to cover the amount of the expenditures incurred by the
City which are subject to deduction or Final Payment to Design/Builder has been made,
upon demand, the Design/Builder shall pay the difference to the City.
ARTICLE 14
INDEMNIFICATION
14.1. In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable
consideration, the sufficiency of which the Design/Builder hereby acknowledges, to the fullest
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extent permitted by law, Design/Builder shall defend, indemnify and save harmless City and
Design Criteria Professional, and their respective officers and employees, from liabilities,
damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of Design/Builder
and persons employed or utilized by Design/Builder in the performance of this Agreement. It is
expressly understood that the monetary limitation on such indemnification shall be the approved
Contract Price, as may be increased by duly executed Change Orders.
14.2. Design/Builder shall also, at its own expense, defend any and all claims asserted against
the City resulting from, arising out of, or incurred in connection with the Agreement.
Design/Builder shall be entitled to select counsel of Design/Builder's choice to defend the claim
asserted against the City; provided, however, that such counsel shall first be approved by the
City Attorney, which approval shall not be unreasonably conditioned, withheld, or delayed; and,
provided further, that the City shall be permitted, at its cost and expense, to retain independent
counsel to monitor the claim proceeding. The duty to defend set forth in this Section 14.2 shall
be severable and independent from the indemnity obligations otherwise set forth in this Section
14, to the extent that if any other provisions and/or subsections of this Section 14 are deemed
invalid and/or unenforceable, this duty to defend provision shall remain in full force and effect.
14.3. Sums otherwise due to Design/Builder under this Agreement may be retained by City
until all of City's Claims for indemnification under this Agreement have been settled or otherwise
resolved. Any amount withheld pursuant to this Section 14.3 or otherwise under Section 14
shall not be subject to payment of interest by City.
14.4. The execution of this Agreement by Design/Builder shall operate as an express
acknowledgment that the indemnification obligation is part of the bid documents and/or Contract
Documents for the Project and the monetary limitation on indemnification in this Section 14
bears a reasonable commercial relationship to the Agreement.
14.5. Nothing in this Section 14 is intended, or should be construed, to negate, abridge or
otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a
party described in Section 14.1.
14.6. Nothing in this Section 14 is intended to create in the public or any member thereof, a
third party beneficiary hereunder, or to authorize anyone not a party to this Agreement, to
maintain a suit for personal injuries or property damage pursuant to the terms or provisions of
this Agreement.
14.7. The defense and indemnification obligations set forth in this Section 14 shall survive the
termination and/or expiration of this Agreement.
ARTICLE 15
CLAIMS, DISPUTE AVOIDANCE AND RESOLUTION
15.1. Claims.
a. Claims must be initiated by written notice and, unless otherwise specified in
Section 11.8 or otherwise in this Agreement, submitted to the other party within twenty-one (21)
days of the event giving rise to such Claim or within 21 days after the claimant reasonably
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should have recognized the event or condition giving rise to the Claim, whichever is later. Such
Claim shall include sufficient information to advise the other party of the circumstances giving
rise to the Claim, the specific contractual adjustment or relief requested including, without
limitation, the amounts and number of days of delay sought, and the basis of such request. The
Claim must include all job records and other documentation supporting entitlement, the amounts
and time sought. In the event additional time is sought, the Design/Builder shall include a time
impact analysis to support such Claim. The City shall be entitled to request additional job
records or documentation to evaluate the Claim. The Claim shall also include the
Design/Builder's written notarized certification of the Claim in accordance with the False Claims
Ordinance, Sections 70-300 et seq., of the City Code.
b. Claims not timely made or otherwise not submitted in strict accordance with the
requirements of this Section 15 or other Contract Documents shall be deemed conclusively
waived, the satisfaction of which shall be conditions precedent to entitlement.
c. Design/Builder assumes all risks for the following items, none of which shall be
the subject of any Change Order or Claim and none of which shall be compensated for except
as they may have been included in the Design/Builder's Contract Price as provided in the
Contract Documents: Loss of any anticipated profits, loss of bonding capacity or capability
losses, loss of business opportunities, loss of productivity on this or any other project, loss of
interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote
for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects
not bid upon, or any other indirect and consequential costs not listed herein. No compensation
shall be made for loss of anticipated profits from any deleted Work.
15.2. Dispute Avoidance and Resolution.
a. Claims shall first be submitted to the City for initial recommendation for
determination by the City at the time and in the manner specified in Section 15.1 herein unless
otherwise specified in this Agreement or other Contract Documents. The City shall render an
initial recommendation for determination of such Claim, in writing, as soon as practicable, but
not later than forty-five (45) days of receipt of such Claim, unless the parties mutually stipulate
otherwise in writing or other circumstances warrant a time extension as determined by the City.
Failure to render a written decision within the 45 days, or a later date if stipulated by the parties,
shall be considered a denial of the Claim submitted by the claimant.
b. In order to preserve for review an initial recommendation for determination of the
City at mediation and/or by a court of competent jurisdiction (as applicable), then the party
seeking review shall notify the other party in writing within fifteen (15) days of such
recommendation by the City or, if no recommendation, within 15 days of when the Claim is
denied as a result of inaction by the City. Failure to timely preserve review of the City's written
recommendation or denial by inaction shall constitute a waiver of such Claim or entitlement to
such objection and the recommendation of the City (whether by affirmative written
recommendation or denial by inaction) shall be deemed final and binding, but subject to
mediation and litigation (as applicable).
c. If the City agrees to pay a portion of the Claim, the Design/Builder may reserve
the remaining portion of the Claim by executing a conditional release in a Change Order, which
states the remaining amount and time sought and identifies the particular scope of Work to
which the reservation applies. Unspecified amounts or time claimed will not preserve a Claim or
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right to a Claim. Each Change Order shall contain a release and waiver of all Claims as of the
date the Design/Builder executes the Change Order, except as specifically included in a
reservation of Claims within the Change Order. The reservation of Claims shall, as to each
reserved individual Claim, state the amount and time sought in the Claim and identify the scope
of Work giving rise to the Claim. Any Claim not included in the reservation of Claims or that fails
to specify the amount and/or time sought are deemed waived and abandoned.
d. In the event any Claims which have been timely preserved remain unresolved by
Substantial Completion, then the parties shall participate in mediation within sixty (60) days,
unless the City terminates the Agreement, which shall render such mediation moot. If the City
determines, at its sole and absolute discretion, that it would be beneficial to mediate any
particular Claims at any time prior to Substantial Completion, then any such Claims shall be
submitted to mediation at the City's election. The parties shall mutually agree to the selection of
a mediator, and mediation, which shall be confidential in the same manner as Court-ordered
mediation, shall take place within the 60-day post-Substantial Completion time period, unless
both parties mutually agree otherwise. The parties shall split the mediator's fees equally.
Participation in mediation shall be a condition precedent to filing suit in a court of competent
jurisdiction unless otherwise excused by the terms of this Article 15 or stipulated by both parties
in writing.
e. In the event of a dispute arising after Substantial Completion, Final Progress
Payment or Final Completion, mediation is encouraged but is not a condition precedent to
litigation.
15.3. Duty to Continue Performance. Pending resolution of any dispute, the Design/Builder
shall proceed and shall cause its Subcontractors to proceed diligently with the performance of
its duties and obligations under the Contract Documents and the City shall continue to make
payments of undisputed amounts in accordance with the Contract Documents. The failure of
the Design/Builder to continue prosecution of the Work in the event of a pending dispute shall
be deemed a Default pursuant to Section 16.2 of this Agreement.
15.4. Final Dispute Resolution. In the event of a dispute arising after Final Progress
Payment or Final Completion, or a dispute which arose prior to Substantial Completion, has
been preserved and which was not successfully resolved at mediation, a court of competent
jurisdiction in Miami-Dade County shall hear such disputes. The parties hereby waive a trial by
jury, which requirement shall be included in each and every Subcontract, sub-consulting
agreement and purchase order that Design/Builder executes, in connection with its Work on the
Project.
ARTICLE 16
TERMINATION
16.1. Termination for Convenience. In addition to other rights the City may have at
law and pursuant to the Contract Documents with respect to cancellation and termination of the
Agreement, the City may, in its sole discretion, terminate for the City's convenience the
performance of Work under this Agreement, in whole or in part, at any time upon written notice
to the Design/Builder. The City shall effectuate such Termination for Convenience by
delivering to the Design/Builder a Notice of Termination for Convenience, specifying the
applicable scope and effective date of termination, which termination shall be deemed
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operative as of the effective date specified therein without any further written notices from the
City required. Such Termination for Convenience shall not be deemed a breach of the
Agreement, and may be issued by the City with or without cause.
a. Upon receipt of such Notice of Termination for Convenience from the City, and
except as otherwise directed by the City, the Design/Builder shall immediately proceed with the
following obligations, regardless of any delay in determining or adjusting any amounts due
under this Section 16.1:
i. Stop the Work specified as terminated in the Notice of Termination for
Convenience;
ii. Promptly notify all Subcontractors of such termination, cancel all contracts
and purchase orders to the extent they relate to the Work terminated to the fullest extent
possible and take such other actions as are necessary to minimize demobilization and
termination costs for such cancellations;
iii. Immediately deliver to the City all Design Materials as defined in Section
22.10 hereof, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all
other unfinished documents, and any and all warranties and guaranties for Work, equipment
or materials already installed or purchased. The Design/Builder acknowledges and agrees
that all amounts previously paid to the Design/Builder with respect to the creation and
preparation of Design Materials in approved Applications for Payment, along with the final
payment for the Design Materials, to be based on the percent completion of the Design
Materials, shall include the consideration to Design/Builder for City's ownership and receipt
of Design Materials, with final payment for Design Materials shall be provided after receipt of
Design Materials;
iv. If specifically directed by the City in writing, assign to the City all right,
title and interest of Design/Builder under any contract, subcontract and/or purchase order, in
which case the City shall have the right and obligation to settle or to pay any outstanding
claims arising from said contracts, subcontracts or purchase orders;
v. Place no further subcontracts or purchase orders for materials,
services, or facilities, except as necessary to complete the portion of the Work not
terminated (if any) under the Notice of Termination for Convenience;
vi. As directed by the City, transfer title and deliver to the City (1) the
fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other
material produced or required for the Work terminated; and (2) the completed or partially
completed Project records that, if this Agreement had been completed, would be required to
be furnished to the City;
vii. Settle all outstanding liabilities and termination settlement proposals
from the termination of any subcontracts or purchase orders, with the prior approval or
ratification to the extent required by the City (if any);
viii. Take any action that may be necessary, or that the City may direct, for
the protection and preservation of the Project Site, including life safety and any property
related to this Agreement that is in the Design/Builder's possession and in which the City
has or may acquire an interest; and
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ix. Complete performance of the Work not terminated (if any).
b. Upon issuance of such Notice of Termination for Convenience, the
Design/Builder shall only be entitled to payment for the Work satisfactorily performed up
until the date of its receipt of such Notice of Termination for Convenience, but no later than
the effective date specified therein. Payment for the Work satisfactorily performed shall be
determined by the City in good faith, in accordance with the percent completion of the
Design Materials less all amounts previously paid to the Design/Builder with respect to the
creation and preparation of Design Materials in approved Applications for Payment, the
reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and
purchase orders with Subcontractors to the extent such costs are not reasonably avoidable
by the Design/Builder.
Design/Builder shall submit, for the City's review and consideration, a final
termination payment proposal with substantiating documentation, including an
updated Schedule of Values, within 30 days of the effective date of termination,
unless extended in writing by the City upon request. Such termination amount shall
be mutually agreed upon by the City and the Design/Builder and absent such
agreement, the City shall, no less than fifteen (15) days prior to making final
payment, provide the Design/Builder with written notice of the amount the City
intends to pay to the Design/Builder. Such final payment so made to the
Design/Builder shall be in full and final settlement for Work performed under this
Agreement, except to the extent the Design/Builder disputes such amount in a
written notice delivered to and received by the City prior to the City's tendering such
final payment.
16.2. Event of Default. The following shall each be considered an item of Default. If, after
delivery of written notice from the City to Design/Builder specifying such Default, the
Design/Builder fails to promptly commence and thereafter complete the curing of such Default
within a reasonable period of time, not to exceed thirty (30) days, after the delivery of such
Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for
the City to terminate Design/Builder for cause:
a. Failing to perform design services or any other portion of the Work in a manner
consistent with the requirements of the Contract Documents or within the time required therein;
or failing to use the, Subcontractors, entities and personnel as identified and set forth, and to the
degree specified, in the Contract Documents, subject to substitutions approved by the City in
accordance with this Agreement and the other Contract Documents;
b. Failing, for reasons other than an Excusable Event of Delay, to begin the Work
required promptly following the issuance of a Notice to Proceed;
c. Failing to perform the Work with sufficient manpower, workmen and equipment or
with sufficient materials, with the effect of delaying the prosecution of the Work in accordance
with the Project Schedule and/or delaying completion of any of the Project within the specified
time;
d. Failing, for reasons other than an Excusable Event of Delay, to timely complete
the Project within the specified time;
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e. Failing and/or refusing to remove, repair and/or replace any portion of the Work
as may be rejected as defective or nonconforming with the terms and conditions of the Contract
Documents;
f. Discontinuing the prosecution of the Work, except in the event of: 1) the issuance
of a stop-work order by the City; or 2) the inability of the Design/Builder to prosecute the Work
because of an event giving rise to an Excusable Event of Delay as set forth in this Agreement
for which Design/Builder has provided written notice of same in accordance with the Contract
Documents;
g. Failing to provide sufficient evidence upon request that, in the City's sole opinion,
demonstrates the Design/Builder's financial ability to complete the Project;
h. An indictment is issued against the Design/Builder;
i. Failing to make payments to for materials or labor in accordance with the respective
agreements;
j. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
k. Fraud, misrepresentation or material misstatement by Design/Builder in the course
of obtaining this Agreement;
I. Failing to comply in any material respect with any of the terms of this Agreement or
the Contract Documents.
In no event shall the time period for curing a Default constitute an extension of the
Substantial Completion Date or a waiver of any of the City's rights or remedies
hereunder for a Default which is not cured as aforesaid.
16.3. Termination of Agreement for Cause.
a. The City may terminate the Design/Builder for cause upon the occurrence of an
Event of Default as defined in Section 16.2, or for any other breach of the Agreement or other
Contract Documents by the Design/Builder that the City, in its sole opinion, deems substantial
and material, following written notice to the Design/Builder and the failure to timely and properly
cure to the satisfaction of the City in the time period set forth in Section 16.2, or as otherwise
specified in the Notice of Default.
b. Upon the occurrence of an Event of Default, and without any prejudice to any
other rights or remedies of the City, whether provided by this Agreement, the other Contract
Documents or as otherwise provided at law or in equity, the City may issue a Notice of
Termination for Cause to Design/Builder, copied to the Surety, rendering termination effective
immediately, and may take any of the following actions, subject to any prior rights of the Surety:
i. Take possession of the Project site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by Design/Builder;
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ii. Accept assignments of subcontracts;
iii. Direct Design/Builder to transfer title and deliver to the City (1) the
fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other
material produced or required for the Work terminated; and (2) the completed or partially
completed Project records that,-if this Agreement had been completed, would be required to be
furnished to the City; and
iv. Finish the Work by whatever reasonable method the City may deem
expedient.
c. Upon the issuance of a Notice of Termination for Cause, the Design/Builder shall:
i. Immediately deliver to the City all Design Materials as defined in Section
22.10 hereof, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all
other unfinished documents, and any and all warranties and guaranties for Work, equipment or
materials already installed or purchased;
ii. If specifically directed by the City in writing, assign to the City all right,
title and interest of Design/Builder under any contract, subcontract and/or purchase order, in
which case the City shall have the right and obligation to settle or to pay any outstanding
claims arising from.said contracts, subcontracts or purchase orders;
iii. As directed by the City, transfer title and deliver to the City (1) the
fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other
material produced or required for the Work terminated; and (2) the completed or partially
completed Project records that, if this Agreement had been completed, would be required to
be furnished to the City; and
iv. Take any action that may be necessary, or that the City may direct, for
the protection and preservation of the Project Site, including life safety and property related
to this Agreement that is in the Design/Builder's-possession and in which the City has or
may acquire an interest.
d. The rights and remedies of the City under Article 16 shall apply to all Defaults are
non-curable in nature (including, without limitation, a breach of Section 22.23 of this
Agreement), or that fail to be cured within the applicable cure period or are cured but in an
untimely manner, and the City shall not be obligated to accept such late cure.
16.4. Recourse to Performance and Payment Bond; Other Remedies.
a. Upon the occurrence of an Event of Default, and irrespective of whether the
City has terminated the Design/Builder, the City may (i) make demand upon the Surety to
perform its obligations under the Performance and Payment Bond, including completion of
the Work, without requiring any further agreement (including, without limitation, not
requiring any takeover agreement) or mandating termination of Design/Builder as a
condition precedent to assuming the bond obligations; or (ii) in the alternative, the City may
take over and complete the Work of the Project, or any portion thereof, by its own devices,
by entering into a new contract or contracts for the completion of the Work, or using such
other methods as in the City's sole opinion shall be required for the proper completion of
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the Work, including succeeding to the rights of the Design/Builder under all subcontracts as
contemplated by Article 16.
b. The City may also charge against the Performance and Payment Bond all fees
and expenses for services incidental to ascertaining and collecting losses under the
Performance and Payment Bond including, without limitation, accounting, engineering, and
legal fees, together with any and all costs incurred in connection with renegotiation of the
Agreement.
16.5. Costs and Expenses.
a. All damages, costs and expenses, including reasonable attorney's fees, incurred
by the City as a result of an uncured Default or a Default cured beyond the time limits stated
herein (except to the extent the City has expressly consented, in writing, to the Design/Builder's
late cure of such Default), together with the costs of completing the Work, shall be deducted
from any monies due or to become due to the Design/Builder under this Agreement,
Irrespective of whether the City ultimately terminates Design/Builder.
•
b. Upon issuing a Notice of Termination for Cause, the City shall have no
obligation to pay Design/Builder, and the Design/Builder shall not be entitled to receive, any
money until such time as the Project has been completed and the costs to make repairs and/or
complete the Project have been ascertained by the City. In case such cost and expense is
greater than the sum which would have been due and payable to the Design/Builder under this
Agreement for any portion of the Work satisfactorily performed, the Design/Builder and the
Surety shall be jointly and severally liable and shall pay the difference to the City upon demand.
16.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for
Cause. is issued by the City, it is thereafter determined that the Design/Builder was not in
default under the provisions of this Agreement, or that any delay hereunder was an Excusable
Event of Delay, the termination shall be converted to a Termination for Convenience and the
rights and obligations of the parties shall be the same as if the notice of termination had been
issued pursuant to the termination for convenience clause contained in Section 16.1. The
Design/Builder shall have no further recourse of any nature for wrongful termination.
16.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents,
no remedy under the terms of this Agreement is intended to be exclusive of any other
remedy, but each and every such remedy shall be cumulative and shall be in addition to
any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or
omission to exercise any right or power accruing upon any Event of Default shall impair any
such right or power nor shall it be construed to be a waiver of any Event of Default or
acquiescence therein, and every such right and power may be exercised from time to time
as often as may be deemed expedient.
16.8. Design/Builder Right to Stop Work. If the Project should be stopped under an order
of any court or other public authority for a period of more than ninety (90) days due to no act or
fault of Design/Builder or persons or entities within its control, or if the City should fail to pay
the Design/Builder any material amount owing pursuant to an Approved Application for
Payment in accordance with the Contract Documents and after receipt of all supporting
documentation required pursuant Article 8, and if the City fails to make such payment within
ninety (90) days after receipt of written notice from the Design/Builder identifying the
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Approved Application for Payment for which payment is outstanding, then, unless the City
is withholding such payment pursuant to Article 8) hereof or any other provision of this
Agreement which entitles the City to so withhold such payment, the Design/Builder shall
have the right upon the expiration of the aforesaid ninety (90) day period to stop its
performance of the Work, provided that Design/Builder has sent a Notice to Cure to the City
via certified mail, allowing for a 7 day cure period. In such event Design/Builder may
terminate this Agreement and recover from City payment for all Work executed and reasonable
expense sustained (but excluding compensation for any item prohibited by Article 15 and other
provisions of the Contract Documents). In the alternative to termination, Design/Builder shall
not be obligated to recommence the Work until such time as the City shall have made
payment to the Design/Builder in respect of such Approved Application for Payment, plus
any actual and reasonable related demobilization and start-up costs evidenced by
documentation reasonably satisfactory to the City. Except as set forth in this Section 16.8,
no act, event, circumstance or omission shall excuse or relieve the Design/Builder from the
full and faithful performance of its obligations hereunder and the completion of the Work as
herein provided for.
16.9. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the
Contract Documents is material. The City's failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision or Amendment of this Agreement. A waiver
shall not be effective unless it is in writing and approved by the City. A waiver of any breach
of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and
the failure of the City to exercise its rights and remedies under this Article 16 at any time shall
not constitute a waiver of such rights and remedies.
ARTICLE 17
SEPARATE CONTRACTS
17.1. Right to Award Separate Contracts. The City reserves the right to perform
construction or operations related to the Project with the City's own forces, and to award
separate contracts to other contractors, including subcontractors, in connection with other
portions of the Project or other construction or operations on and/or adjacent to the Project
Site (collectively, "Separate Contractors").
17.2. Integration of Work with Separate Contractors. Design/Builder shall afford Separate
Contractors reasonable access to the Project Site for the execution of their work. Following the
request of the City, the Design/Builder shall prepare a plan in order to integrate the work to
be performed by the City or by Separate Contractors with the performance of the Work, and
shall submit such plan to the City for approval. The Design/Builder shall arrange the
performance of the Work so that the Work and the work of the City and the Separate
Contractors are, to the extent applicable, properly integrated, joined in an acceptable manner
and performed in the proper sequence, so that any disruption or damage to the Work or to
any work of the City or of Separate Contractors is avoided.
17.3. Coordination. Design/Builder shall conduct its Work so as not to interfere with, or
hinder the progress of, completion of the construction performed by Separate Contractors,
and Design/Builder and such other Separate Contractors shall cooperate with each other as
directed by the Contract Administrator.
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a. The Design/Builder shall provide for coordination of the activities of the
Design/Builder's (and its Subcontractors') own forces with the activities of each Separate
Contractor and the City. The Design/Builder shall participate with all Separate Contractors and
the City in reviewing and coordinating the schedules of the City and the Separate Contractors
with the Project Schedule when directed to do so by the City. The Design/Builder shall make
any revisions to the Project Schedule (but without extending the Substantial Completion Date)
deemed necessary after a joint review with the City and mutual agreement.
b. Coordination with Separate Contractors shall not be grounds for an extension of
Contact Time or any adjustment in the Contract Price. Design/Builder agrees that its pricing of
the Work and the determination of the Contract Price were expressly based upon the
Design/Builder's assumption of the foregoing cost risks.
17.4. Use of Project Site. The Design/Builder shall afford the City and all Separate
Contractors reasonable opportunity for storage of their materials and equipment, and
performance of their work on and/or adjacent to the Project Site. The Design/Builder shall also
coordinate its construction and operations with the City and all Separate Contractors'
construction and operations as required by the Contract Documents.
17.5. Deficiency in Work of Separate Contractors. If to properly execute a portion of the
Work, the Design/Builder depends upon the construction or operations by the City or a Separate
Contractor, the Design/Builder shall, prior to proceeding with that portion of the Work, promptly
report to the City apparent discrepancies or defects in such other construction that renders it
unsuitable for proper execution Design/Builder Work. The Parties shall resolve in good faith any
such discrepancies or defects or any disagreements relating thereto. Failure of the
Design/Builder to so report shall constitute a representation by the Design/Builder to the City
that the City's or Separate Contractor's completed or partially completed construction is fit and
proper to receive the Design/Builder's Work. However, although such representation constitutes
a waiver of any rights of Design/Builder against the City for discrepancies or defects in such
Separate Contractor's work, such representation shall not constitute a waiver of any rights of the
Design/Builder against such Separate Contractor as a result of such discrepancies or defects.
17.6. Claims Involving Separate Contractors. Except as provided below, the Design/Builder
shall assume all liability, financial and otherwise, in connection with the Work. To the fullest
extent permitted by law, the Design/Builder shall defend and save harmless the City against any
Claims for damages, losses and costs, including, but not limited to reasonable attorneys fees,
that may arise by a Separate Contractor or any other third party to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the Design/Builder and persons
employed or utilized by the Design/Builder in the performance of the Agreement.
a. In the event that the Design/Builder unnecessarily and unreasonably delays the
work of Separate Contractors by not cooperating with them, or by not affording them reasonable
opportunity or facility to perform their work as specified, the Design/Builder shall, in such event,
pay all reasonable costs and expenses incurred by such Separate Contractor(s) due to any
such delays. The Design/Builder hereby authorizes the City to deduct the amount of such
reasonable costs and expenses from any monies due or to become due, including Retainage, to
the Design/Builder under this Agreement.
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b. If, through the acts and/or omissions of the Design/Builder or any Subcontractor,
any Separate Contractor shall suffer loss or damage to its work, the Design/Builder agrees to
compensate such Separate Contractor for any such loss or damage. If such Separate
Contractor shall assert any Claim or bring any action against the City on account of any damage
alleged to have been sustained, the City shall notify the Design/Builder, who, at its sole cost and
expense, shall defend, indemnify and save harmless the City and pay and satisfy any judgment
or award entered against the City in any such action and shall pay all costs and expenses, legal
and otherwise, incurred by the City therein or thereby, including reasonable attorney's fees.
c. Subject to the last sentence of this paragraph, the Design/Builder agrees that,
despite the fact that such Separate Contractor is not in privity of contract with the
Design/Builder, such Separate Contractor shall have the right to bring a direct cause of
action against the Design/Builder for its (and its Subcontractors') acts and/or omissions
under this Agreement which result in damages or losses to such Separate Contractor. The
foregoing agreement of the Design/Builder shall, however, only be enforceable by Separate
Contractors who grant such a direct cause of action to the Design/Builder under their
respective separate contracts with the City and who have also agreed to assume the
liabilities and obligations assumed by the Design/Builder under this Section 17.6.
d. The Design/Builder shall promptly remedy damage caused by the Design/Builder
or its Subcontractors to completed or partially completed construction or to property of the City
or Separate Contractors. The City shall incorporate provisions comparable to those set forth in
this Article 17 into each contract it enters into with a Separate Contractor, and accordingly
notify the Design/Builder in writing.
ARTICLE 18
GUARANTEES AND WARRANTIES •
18.1. Guarantees and Warranties required by the Contract Documents shall commence on the
Substantial Completion Date of the Work (or date of Partial Substantial Completion, as
applicable), unless otherwise provided, and shall be in effect for a period of one (1) year, unless
otherwise provided in the Contract Documents. To the extent there is any conflict as to the
applicable time period of coverage for any Guarantee or Warranty to be provided by the
Design/Builder under the Contract Documents, the longer period of time for any such Guarantee
or Warranty shall govern, without regard to any Guarantees or Warranties provided by
Subcontractors. Design/Builder shall provide the Guarantees and Warranties required by the
Contract Documents, without regard to whether the Subcontractors or Suppliers provided the
Guarantees and Warranties.
18.2. The Design/Builder shall correct all defects discovered within one (1) year (or such
longer period of time if provided in the Contract Documents) following the Substantial
Completion Date. Design/Builder shall commence repairs and/or replacement within ten (10)
days after being notified by the City of the defect and will prosecute the repairs and/or
replacement diligently until completed. For any replacement Work performed during the one-
year period after the Substantial Completion Date, Design/Builder shall provide a new one-year
Warranty for such replacement Work.
18.3. If the Design/Builder fails to act within ten (10) days, the City may have the repairs
and/or replacement performed by others at the expense of the Design/Builder.
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18.4. Written warranties furnished to the City are in addition to implied warranties, and shall
not limit the duties, obligations, rights and remedies otherwise available under Applicable Law or
the Contract Documents. The Design/Builder shall also furnish any special Guarantees or
Warranties called for in the Contract Documents.
ARTICLE 19
PRODUCT REQUIREMENTS/SUBSTITUTIONS
19.1. Whenever a material, article or piece of equipment is identified in the Contract
Documents including, without limitation, in the DCP, 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, after review and evaluation of the materials that
must be submitted in support of the substitutions set forth in Section 19.2 herein, in the opinion
of the Design Criteria Professional: (a) at least equal in quality, durability, appearance, strength
and design; (b) performs at least equally the function imposed in the general design for the
Project; (c) conforms, to the detailed requirements for the items as indicated by the Contract
Documents; and (d) carries the same Guaranty or Warranty of the specified equipment.
19.2. All substitution requests will be made in accordance with the requirements in Division 1,
of the Project specifications, via written request which shall include a Shop Drawing and/or
Change Order which shall be attached to a detailed description of the originally specified item
and a detailed description of the proposed substitution. A comparison letter itemizing all
deviations from specified items must be included for the Design Criteria Professional to properly
evaluate any proposed substitution. Failure to provide the deviation comparison letter shall
automatically constitute a denial of the request.
19.3. Any changes, inclusive of design changes, made necessary to accommodate substituted
equipment under this paragraph shall be at the sole expense of Design/Builder.
19.4. Consultant's written consent will be required as to acceptability, and no substitute will be
ordered, installed or utilized without the
Design Criteria Professional's prior written acceptance, which will be evidenced by an accepted
Shop Drawing or other written approval provided by the DCP or Contract Administrator. City
may require Design/Builder to furnish, at Design/Builder's expense, a special performance
Guarantee or other warranty with respect to any substitute.
ARTICLE 20
PUBLIC INFORMATION
Design/Builder shall coordinate with and assist the City and its Public Information Officer
with respect to all matters relating to the Project. At all times, Design/Builder shall provide
accurate and current information to the fullest extent possible, and shall assist in identifying
potential impacts that should be communicated in advance with the public including, but not
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that may involve substantial noise or other disruptions. Design/Builder shall participate in
public meetings and other public relations efforts with the community, as necessary.
ARTICLE 21
QUALITY CONTROL/QUALITY ASSURANCE
In accordance with the requirements of Appendix E and Division 1 of the Project Specifications,
the Design/Builder shall be responsible and accountable for the quality control of the Work
including, without limitation, all quality control testing and inspections for the Work. The
Design/Builder shall supervise the Work of all Subcontractors, reviewing construction means,
methods, techniques, sequences and procedures, providing instructions to each when their
Work does not conform to the requirements of the Contract Documents. The Design/Builder
shall be responsible for ensuring that each Subcontractor makes whatever necessary
corrections are required in a timely manner, so as to not affect the efficient and timely progress
of the Work. The Design/Builder shall receive copies of all Claims or reports issued by the
Consultant (with copy to the City) relative to the performance or acceptability of Work. Should
disagreement occur between the Design/Builder and either the Contract Administrator or the
Consultant over acceptability of Work and its conformance with the requirements of the Contract
Documents of the Project, the City shall be the final judge of performance and acceptability, and
noncompliant Work shall be corrected accordingly. The City may employ independent firm(s)
for verification testing of the quality control testing performed by or on behalf of Design/Builder.
However, the City shall not be obligated to have such verification testing performed, nor shall its
commissioning, or election not to commission, such verification testing relieve Design/Builder of
its independent obligations under the Contract Documents to perform such quality control
testing and inspections and ensure the Work complies with the Contract Documents. The
Design/Builder will exercise reasonable care and diligence in discovering and promptly reporting
to City any defects or deficiencies in the Work. The Design/Builder shall establish the Project
Schedule and review the progress schedules submitted by Subcontractors in order to ensure
proper and timely completion of the Work.
ARTICLE 22
ADDITIONAL TERMS & CONDITIONS
22.1. Representations and Warranties. The Design/Builder further represents and warrants
as of the date hereof and throughout the term of this Agreement:
a. That it has the financial resources, is solvent, and is sufficiently experienced, fully
and properly licensed (to the extent required by Applicable Laws) and competent to properly
and timely perform this Agreement, that the material facts stated or shown in any papers
submitted or referred to in connection with this Agreement, including, without limitation,
Design/Builder's responses to the City's RFP, and all other Contract Documents, and any
subsequent additions thereto, are true in all material respects.
b. That is has full power and authority, and has obtained all corporate approvals
necessary, to execute and perform this Agreement, and the same is a legal, valid and binding
obligation of the Design/Builder, enforceable against the Design/Builder in accordance with its
terms, subject to bankruptcy, equitable principles and laws affecting creditor's rights generally;
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c. That it has the required authority, ability, skills and capacity to perform, and shall
perform, the Work in a manner consistent with sound engineering and construction principles,
Project management and supervisory procedures, and reporting and accounting procedures;
d. That it has carefully examined and analyzed the provisions and requirements of
this Agreement_as of-the-Effective Date, that it has-thoroughly inspected the Project Site and -
satisfied itself from its own investigations as to the general nature of the things needed for the
timely and proper performance of this Agreement;
e. That the Project is constructible, the performance of the Work within the
timeframe established in the Project Schedule and for an amount not to exceed the Contract
Price in accordance with the provisions and requirements of the Contract Documents is feasible
and that it can and shall perform its responsibilities and duties within the Project Schedule and
for an amount not in excess of the Contract Price and in accordance with the provisions and
requirements of the Contract Documents;
f. That no member of the City Commission, or other City official, agent or employee
has a financial interest directly or indirectly in this Agreement or the compensation to be paid
hereunder, or will have such an interest for the term of this Agreement; and that no individual
has, or will have, any interest in the Project or this Agreement which is prohibited by law;
g. That, except only for those representations, statements or promises expressly
contained in the Contract Documents, no representation, statement or promise, verbal or in
writing, of any kind whatsoever by the City, its Commission members, officials, agents,
employees or consultants has induced it to enter into this Agreement or has been relied upon by
it, including any referring to: (i) the meaning, correctness, suitability, or completeness of any
provisions or requirements of this Agreement; (ii) the nature, existence or location of materials,
structures, obstructions, utilities or conditions, surface or subsurface, which may be
encountered at or on the Project Site; (iii) the nature, quantity, quality or size of the materials,
equipment, labor and other facilities needed for the performance of this Agreement; (iv) the
general or local conditions which may in any way affect this Agreement or Design/Builder's
performance thereof; (v) the price of performing Work under this Agreement; or (vi) any other
matters, whether similar to or different from those referred to in (i) through (v) immediately
above, having any connection with this Agreement, the negotiation thereof, any discussions
thereof, the performance thereof or those employed or connected therewith;
h. That it was given ample opportunity and time, and was hereby requested by the
City to review thoroughly all documents forming or relating to this Agreement prior to execution
of this Agreement; and
That it has knowledge of all the Applicable Laws in effect on the Effective Date of
the Agreement and of all business practices in the jurisdiction within which the Project Site is
located that must be followed to properly and lawfully perform the Work.
The Design/Builder shall provide to the City evidence of its authority to do business and
perform certain professional services in the State of Florida including, without limitation,
certificates of good standing, authority and/or registration issued by the Office of the Secretary
of State of Florida and Florida's Department of Business and Professional Regulation (as
applicable). The City's failure to request such information should the Design/Builder fail to
timely produce such evidence shall not, in any way, relieve Design/Builder of its obligation to
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obtain, maintain current or furnish evidence of, any and all applicable licenses, certifications,
registrations and permits as required herein and/or as required by the other Contract
Documents. If, following Design/Builder's furnishing of such evidence, the City determines it
requires further evidence regarding same, upon City's request, Design/Builder shall furnish such
additional evidence to City in a form and manner acceptable to the City.
22.2. Counterparts. This Agreement is comprised of several identical counterparts, each to
be fully executed by the Parties and each to be deemed an original having identical legal effect.
22.3. Amendment. Except as otherwise expressly provided in this Agreement (including with
respect to Construction Change Directives), no Amendments or changes to the Contract
Documents, or any part thereof, shall be valid unless in writing and signed by both of the Parties
hereto, or their respective successors and assigns.
22.4. Applicable Laws. The Design/Builder shall comply, and shall cause all Subcontractors
to comply with all Applicable Laws and governmental agencies and authorities having
jurisdiction over the Work, the Project and/or the Project Site, now existing or hereinafter in
effect. Each and every provision required by law to be inserted in this Agreement shall be
deemed to be i n serted herein and this Agreement shall be read and enforced as though it
were included herein, and if, through mistake or otherwise, any such provision is not so
inserted or is not correctly inserted, or is inserted but is subsequently amended, then upon
the application of either Party, this Agreement shall forthwith be amended to make such
insertion or to incorporate such amendment. In no event, however, shall the failure to insert
such provision into this Agreement prevent the enforcement of same or relieve the
Design/Builder of its obligation to fully comply with the same.
Nothing contained herein shall be deemed to impose upon the Design/Builder any obligation
to perform acts or furnish services in violation of Florida law or condone the performance of
such acts or furnishing of such services in violation of Florida law, it being understood that
the professional architectural, engineering and other design services covered by the
aforesaid Agreement including, without limitation, the preparation of the Design Documents
and Construction Documents, shall be provided by the Consultant or its professionally
licensed Design Subconsultants.
22.5. Interpretation. Any and all headings of this Agreement are for convenience of
reference only and do not modify, define or limit the provisions thereof. Words of any gender
shall be deemed and construed to include correlative words of the other gender. Words
importing the singular number shall include the plural number and vice versa, unless the
context shall otherwise indicate. All references to any exhibit or document shall be deemed
to include all supplements and/or amendments to any such exhibits or documents entered
into in accordance with the terms hereof and thereof. All references to any person or entity
shall be deemed to include any person or entity succeeding to the rights, duties, and
obligations of such person or entity in accordance with the terms of this Agreement, unless
expressly stated otherwise.
22.6. Severability. If any provision of this Agreement shall be held to be inoperative or
unenforceable as applied in any particular case in any jurisdiction because it conflicts with
any other provision hereof or any constitution, statute, ordinance, rule of law or public policy,
or for any other reason, such holding shall not have the effect of rendering the provision in
question inoperative or unenforceable in any other case, or of rendering any other provision
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herein contained inoperative or unenforceable to any extent whatsoever . The invalidity of
any one or more phrases, sentences, clauses or sections contained in this Agreement shall
not affect the remaining portions of this Agreement or any part hereof, and they shall
otherwise remain in full force and effect.
22.7. Publicity. Except as coordinated with the Public Information Officer pursuant to
Article 20 herein, the Design/Builder, its officers, agents, employees and its Consultants,
Design Subconsultants, Subcontractors, Suppliers and their respective officers, agents and
employees, shall not issue publicity news releases or grant press interviews relating to the
Project without the express prior written consent of the City.
In addition, except as may be required by law during or after performance of this Agreement, the
Design/Builder shall not disseminate any information of any nature whatsoever regarding the
Project without the express prior written consent of the City. In the event the Design/Builder, its
officers, agents, employees and its Consultants, Design Subconsultants, Subcontractors,
Suppliers and their respective officers, agents and employees, are presented with a subpoena
duces tecum regarding the Project records, data, or documents, then such person or entities
shall immediately give written notice to the City and the City Attorney with the understanding
that the purpose of so doing is to provide City the opportunity to contest such process by any
lawful means available to it before such records, data, or documents are submitted to a court or
other third parties; provided, however, the Design/Builder shall comply with all such legal
processes when required to do so.
22.8. Public Entity Crimes Act. In accordance with the Public Entity Crimes Act, Section
287.133, Florida Statutes, a person or affiliate who is a Design/Builder, 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 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. Violation of this Section shall result in cancellation of
the City purchase and may result in debarment.
22.9. No Waiver of Legal Rights. No approval given by the City under this Agreement shall
operate to relieve the Design/Builder from any of its responsibilities under this Agreement or
be deemed as an approval by the City of any deviation contained in any items or documents
subject to such approval , or of any failure by the Design/Builder to comply with any
requirement of this Agreement or any provision of the other Contract Documents, unless
such deviation or failure has been specifically identified by the Design/Builder and approved
by an Amendment to this Agreement. Unless the City has specifically approved a deviation
from the Contract Documents in writing by an Amendment, the City shall not be precluded or
estopped by any City approval, review, measurement, estimate or certificate made by City
either before or after the completion and acceptance of the Work and/or any payment
therefor, from (a) showing the true amount and character of the Work performed and goods
and materials furnished by the Design/Builder, or showing that any measurement, estimate
or certificate is untrue or incorrectly made, or that the Work or goods and materials do not
conform in fact to this Agreement or any other Contract Documents, or (b) recovering from
the Design/Builder and its sureties such damages as it may sustain by reason of the
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Design/Builder's failure to comply with the terms of this Agreement. Except as provided
herein, neither the acceptance by the City, or any representative of the City, nor any
payment for or acceptance of the whole or any part of the Work, nor any extension of time,
nor any possession taken by the City, shall operate as a waiver of any portion of this
Agreement, or of any power herein reserved or any right to damages herein provided. A
waiver of any breach of this Agreement shall not be held to be a waiver of any other breach
whether prior to or subsequent thereto. The City's delay in declaring that a breach has
occurred or otherwise asserting its rights under this Agreement shall not constitute a waiver
of such breach or limit any of the City's rights under this Agreement.
22.10. Ownership of Design Materials and Documents. The copies or other tangible
embodiments of all design materials, whether or not such materials are subject to copyright
or other intellectual property protection, including documents, Shop Drawings, computer
programs and electronic information developed for the Project (or to the extent that such
programs and electronic information are not the property of the Design/Builder, the
Consultant, Design Subconsultant or Subcontractor, the results of the use thereof by the
Design/Builder), data, plans, drawings, sketches, illustrations, specifications, descriptions,
models, the Schematic Design Documents, the Design Documents, the Construction
Documents, and any other documents developed, prepared, furnished, delivered or required
to be delivered by the Design/Builder, the Consultant, Design Subconsultant, or
Subcontractor to the City under the Agreement (collectively, "Design Materials") shall be and
remain the property of the City, whether or not the Project and/or Work is commenced or
completed. During the term of this Agreement, the Design/Builder shall be responsible for
any loss or damage to the Design Materials, while such Design Materials are in the possession
of the Design/Builder or any of its Consultants, Design Subconsultants, or Subcontractors, and
any such Design Materials lost or damaged shall be replaced and restored at the
Design/Builder's expense. The intellectual property rights, if any, to the Design Materials or the
contents of or concepts embodied in the Design Materials shall belong to the Design/Builder,
the Consultant, Design Subconsultants or Subcontractors in accordance with their contractual
relationship and may be copyrighted or made the subject of any other form of intellectual
property protection by them in the United States or in any other country.
As to those Design Materials subject to, or which will be subject to, any form of intellectual
property protection, the Design/Builder hereby grants (and will cause to be granted and
delivered to the City from the Consultant, Design Subconsultants and Subcontractors), as of
the date that such Design Materials are delivered or required to be delivered to the City, a
worldwide, paid-up, exclusive, irrevocable, transferable license for the term of the intellectual
property protection, for the City to use, reproduce and have reproduced, display and publish
(and to allow others to use, reproduce and have reproduced, display and publish, in any
manner, at any time and as often as such others desire, with or without compensation to the
City), such Design Materials and any derivative thereof without further compensation to the
Design/Builder, Consultant, Design Subconsultant, Subcontractor or any third party beyond
the payments specified for design fees in Article 7 herein, subject to the restrictions set forth
below:
a. The City shall not, without the prior written consent of the Design/Builder, the
Consultant or appropriate Design Subconsultant, or Subcontractor, as the case may be, use
such Design Materials or documents, in whole or in part, for the construction of any other
project. The City may, however, at no cost to the City, use such Design Materials and
documents for additions, improvements, changes, repairs, maintenance or alterations to the
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Project. In the event of termination of this Agreement the City shall be entitled to use such
Design Materials for completion of the Project by others without additional compensation.
b. Any reproduction of any Design Materials or part thereof shall be faithful and
accurate to the original and of good quality.
c. The City shall not remove or alter, and shall reproduce and prominently display
on all copies made by the City, the copyright notice and other proprietary legends appearing on
such Design Materials when delivered to the City.
i. The Design/Builder acknowledges that the City considers the Project's
aggregate architectural expression (that is, the overall combination of the Project's design
features), and any distinctive individual features thereof, to be unique and of commercial
value, and the Design/Builder, the Consultant, Design Subconsultants, and Subcontractors
agree not to design or build, or allow other third parties the use of the Design Materials to
design or build, another structure having a substantially similar aggregate architectural
expression or substantially similar distinctive individual features. The Design/Builder,
Consultant, Design Subconsultants and all Subcontractors shall, however, be free to use
individual features, details or systems from the Project or combinations of such features in
other projects, so long as such parties comply with the provisions of this Section 22.10. The
Design/Builder shall include this provision in its contracts with Subcontractors and in all
contracts for Design Subconsultants, and provide copies of all such agreements to the City.
ii. Within ten (10) days of the earlier of the Substantial Completion Date of
the Project or the date of termination of the Agreement, the Design/Builder shall deliver to the
City all of the Design Materials referred to in Section 22.10 above which have not yet been
submitted to the City.
22.11. Non-Collusion. The Design/Builder, in performing its obligations under this
Agreement, shall comply with all Federal, State and local laws, rules and regulations
regarding collusion and bribery.
22.12. Right to Entry. The Design/Builder shall use, and shall cause its Consultants, Design
Subconsultants and Subcontractors to use, a reasonable degree of care when entering upon
any property owned by the City in connection with the Project. In the case of property not
owned by the City, the Design/Builder and its Consultants, Design Subconsultants and
Subcontractors shall comply with any and all instructions and requirements for the use of such
property. In the case of property owned by any other entity, the Design/Builder shall
separately negotiate and obtain any license or permission to enter upon such property.
22.13. No Personal Liability of Public Officials. In carrying out any of the provisions of this
Agreement or in exercising any power City granted to them hereby, there shall be no liability
upon any City official, their authorized representatives, or any employee of the City, either
personally or as employees or officials of the City, it being understood that in such matters they
act as agents and representatives of the City.
22.14. Project Commencement. The Design/Builder shall commence performance of its
Design Phase obligations under this Agreement promptly following issuance of the NTP1,
and shall commence performance of its Construction Phase obligations under this
Agreement promptly following the date the NTP2 is delivered by the City. The
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Design/Builder shall not be required to perform any construction, and shall not be entitled to
receive any payments with respect to construction, until the issuance of the NTP2, but shall
be entitled (subject to any provisions relating to the City's obligation to make payments
hereunder) to receive payments relating to design services and for costs relating to
mobilization for commencement of construction and costs of construction, but only for tasks
and/or items which the City and-Design/Builder have agreed in writing should commence
prior to the City's delivery of the NTP2.
22.15. Risk of Loss. Regardless of passage of title, the risk of loss to any of the Work and
to any goods, materials and equipment provided, or to be provided, under this Agreement,
shall remain with the Design/Builder until the Substantial Completion Date. Should any of
the Work, or any such goods, materials and/or equipment, be destroyed, mutilated, defaced
or otherwise damaged prior to the time the risk of loss has shifted to the City at the
Substantial Completion Date, the Design/Builder shall repair or replace the same at its sole
cost. The Performance and Payment Bond or other security or insurance protection required
by the Contract Documents or otherwise provided by the City or the Design/Builder shall in
no way limit the responsibility of the Design/Builder, under this Section.
22.16. Right to Apply Monies Due. In addition to other available remedies, the City shall
have the right to deduct from any funds and monies due or thereafter to become due, to the
Design/Builder, including funds retained by the City under the retainage provisions of this
Agreement, any amounts due to the City from the Design/Builder as a result of any losses,
expenses, damages, obligations or liabilities for which the Design/Builder is responsible
pursuant to the provisions of this Agreement, including liquidated damages and costs to
repair and/or replace defective work not properly and/or timely repaired or replaced by
Design/Builder, and apply said funds deducted toward the satisfaction of such losses,
expenses, damages, obligations or liabilities.
22.17. It is expressly provided, however, that the deduction and application of such funds
shall not apply if the Design/Builder undertakes and makes payment in full of the amounts
so due and payable. However, such payment by Design/Builder shall not, in any event,
relieve the Design/Builder of its responsibility or liability for any amounts owed in addition to
those amounts deducted by the City. Signs. The Design/Builder shall install and maintain
until Final Completion of the Project signage as required by the Contract Documents. Prior
to installation, the signs shall be subject to the review and approval of the Contract
Administrator, said approval not to be unreasonably withheld. Also, subject to the prior
approval of the Contract Administrator, the Design/Builder may choose and subsequently
change the location of the signs.
Except for signage necessary for safety or traffic control, neither the Design/Builder, nor any
Subcontractor shall be permitted to display or install any other signs or any advertising,
including signs or identification on sidewalk canopies or trailers, at the Project Site, other
than those signs customarily appearing on the Design/Builder's or a Subcontractor's
construction equipment. The City reserves the right to install signs at the Project Site,
provided that such signs do not unreasonably interfere with the Work.
22.18. Venue and Governing Law.
a. This Agreement shall be governed as to performance, interpretation and
jurisdiction by the laws of the State of Florida, without regard to conflicts of law rules. This
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Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida. BY
ENTERING INTO THIS AGREEMENT, THE DESIGN/BUILDER 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/BUILDER-
SHALL SPECIFICALLY BIND ITS PROJECT TEAM MEMBERS, CONSULTANT,
SUBCONSULTANTS, AND SUBCONTRACTORS TO THE PROVISIONS OF THIS
AGREEMENT AND THE CONTRACT DOCUMENTS. IN THE EVENT OF A CONFLICT
BETWEEN THIS PROVISION AND ANY TERM OR CONDITION IN ANY
PROJECT_RELATED AGREEMENT, THE CONTRACT DOCUMENTS SHALL GOVERN AND
TAKE PRECEDENCE.
b. The Design/Builder hereby irrevocably submits itself to the original and
exclusive jurisdiction and venue of the Circuit Court of Miami-Dade County, Florida, with
regard to any controversy in any way relating to the award, execution or performance of this
Agreement. The Design/Builder agrees that service of process on the Design/Builder may
be made, at the option of the City, either by registered or certified mail addressed to the
Management Representative, by registered or certified mail addressed to any office actually
maintained by the Design/Builder, or by personal delivery on the Design/Builder's Project
Manager or any officer, director, or managing or general agent of the Design/Builder.
22.19. Notices. All notices and other communications given or required under this Agreement
shall be in writing and may be delivered personally, by recognized overnight courier (such as
Federal Express, DHL, or the like), or by placing in the United States mail, first class and
certified, return receipt requested, with postage prepaid and addressed:
a. If to the City, to the Contract Administrator, at such address specified in writing
by the Contract Administrator, provided that copies of notices pertaining to a failure on the part
of the City to perform in accordance with the terms of this Agreement shall be sent to the
Contract Administrator and to the following, and to such other persons as may be designated in
writing by the City: Insert name and address of Contract Administrator
b. If to the Design/Builder, to the Design/Builder's Project Manager, at such address
specified in writing by the Project Manager, provided that copies of notices pertaining to a failure
on the part of the Design/Builder to perform in accordance with the terms of this Agreement
shall be sent to the Project Manager and to such other persons as may be designated in writing
by the Design/Builder.
Attention: Insert name and address of Design/Builder
c. Notices may also be sent by e-mail provided that such notice is followed up with
a hard copy in a manner set forth above.
d. Notices delivered by mail shall be deemed effective three (3) business days after
mailing in accordance with this Section. Notices delivered personally, by e-mail, or by overnight
courier shall be deemed effective upon receipt.
22.20. Successors and Assigns. No part of this Agreement shall be assigned by the
Design/Builder, nor shall any Agreement funds or Claims due, or to become due, be transferred
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or assigned (other than to the sureties issuing the Performance and Payment Bond, to the
extent required as a condition to the issuance thereof), without the prior written approval of the
Contract Administrator, but in no case shall such consent relieve the Design/Builder from its
obligations or change the terms of this Agreement in any way. The transfer or assignment of
any Agreement funds which shall be due, or become due, to the Design/Builder either in whole
or part, or any interest therein, without prior written approval by the Contract Administrator, shall
cause the annulment of said transfer or assignment. The Design/Builder shall not delegate any
of its duties hereunder except as provided in this Agreement. However, Design/Builder's
delegation of any of its duties under this Agreement shall in no way relieve Design/Builder of its
obligations under the Agreement including, without limitation, ensuring the Work complies with
the Contract Documents and the Project is delivered properly and timely to the City and able to
be fully functional and used for its intended purpose. In the event that the City approves the
transfer or assignment of this Agreement, this Agreement shall become binding on successors
and assigns and this requirement shall survive completion or termination of this Agreement.
22.21. Entire Agreement. The Contract Documents shall constitute the entire agreement
between the Parties, and no inducements, considerations, promises, or other references shall
be implied in this Agreement that are not expressly addressed herein.
22.22. Recycled Content. In support of the Florida Waste Management Law, Design/Builder 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.
22.23. No Contingent Fee. Design/Builder warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Design/Builder, 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/Builder, 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 immediately 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above.
Attest: CITY OF MIAMI BEACH, FLORIDA
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City Clerk Mayor
Attest: DESIGN/BUILDER:
Signature Signature
Name/Title Name/Title
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APPENDIX A
PROJECT DESCRIPTION AND PROJECT SITE
The Project improvements are based upon the Basis of Design report for Neighborhood
No. 8 Bayshore prepared by CH2M Hill, as amended, and include the improvements
referenced in the final plans for Construction — Central Bayshore (Package A) Right-of-
Way Infrastructure Improvements Date 2010, as amended, and the Design Criteria
Package, Central Bayshore South dated 2015. The Project, as referenced
in the foregoing, consists, without limitation, of the construction of the infrastructure site
work for Neighborhood No. 8- Central Bayshore South including, but not limited to,
demolition, site preparation, earthwork, storm drainage, installation of stormwater pump
station, stormwater outfall adjustments, road paving and restoration, concrete sidewalk
repairs and valley gutters, and water distribution.
As set forth in the Contract Documents, the Design/Builder shall provide and pay for all
labor, materials, tools, construction equipment, and other ancillary facilities necessary
for proper execution, testing, commissioning, and final restoration work required for the
functional and satisfactory delivery of the Work, and shall include any Work which may
be reasonably inferred as being necessary to accomplish and complete the Project
including, but not limited to, furnishing shafts, coffer cells, utility relocation, bypass
schemes, maintenance of traffic plans, and site <do what with the site?>
The .Central Bayshore Neighborhood 8 is located within the mid-Beach area. The
Project limits (Central Bayshore — South) include, but are not limited to, the public
rights-of-way (ROW) within all areas generally bounded by W. 28th Street to the south,
Prairie Avenue to the west, Sheridan Avenue to the east and W. 34th Street to the
north, as well as North Meridian Avenue between W. 28th Street and Dade Boulevard.
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APPENDIX B
• LIST OF REPORTS AND PROJECT PLANS
. 1.1. ,Narrative Reporting Subsystem. The Design/Builder shall prepare monthly and/or -•
daily written reports as described hereunder. All written reports shall be in 8 1/2" X 11"
format. The Design/Builder shall ensure that the City is provide d a copy. The Narrative - - - -
- Reporting Subsystem shall include the following reports:
. a. . A Monthly Executive Summary, which provides an overview of the Project's progress, .
current issues and pending decisions, future developments and expected achievements,
and any problems or delays, including code violations found by, and delays in obtaining .
and/or renewing any requisite permits from, any permitting authority.
b. A Monthly Cost Narrative describing the current construction cost estimate status of the •
overall Project and Amendment or potential Claim status (i.e., amount, reason for
change, responsibility), which shall be addressed in detail.
c. A Monthly Scheduling Narrative summarizing the current status of the overall Project
Schedule. This report shall include an analysis of the various Project Schedule
components, a description of the critical path, and other analyses as necessary to
compare planned performance with actual performance of the Work. The Narrative
• should include descriptions of any logic or other changes to the updated Project
: .Schedule versus the baseline Project Schedule and previous updates.
d.. A Monthly Construction Progress Report-during the Construction Phase summarizing the
- - overall progress of the Work of the Design/Builder and the various Subcontractors. This
report shall include information from the weekly Project Site meetings, as applicable,
such as general conditions, long lead supplies, current deliveries, safety and labor
• relations, Project permits, construction problems and recommendations, and plans for
• the succeeding month. The format for the Monthly Construction Progress Report must
be approved and accepted by the. City,' the Resident Project Representative and
• Consultant, and will establish the format to be used for each subsequent Monthly
'Construction Progress Report. Design/Builder shall index, bind and tabulate the Monthly
Construction Progress Report in a manner acceptable to the City. The Monthly
• . Construction Progress Reports shall include photos documenting the progress of the
Work. The photos will be 8" x 10" in size, with the date and location noted on the back of
each photo. A back-up flash drive or CD of the photos is to accompany the hard copies
' of the photographs. The Monthly Construction Progress Reports and Project photos are
. to be made an attachment to the Design/Builder's monthly Application for Payment.
e. . A Daily Construction Diary or bound log, maintained in English, during the Construction
Phase describing events and conditions on the Project Site. The diary shall be
maintained at the Project Site and available to members of the City at any time upon
request, and shall set forth, at a minimum, for each day: the weather conditions; 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
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Work for the day. A bound copy of the complete diary shall be submitted to the City at
Substantial Completion of the Project.
The written reports outlined in the Section above shall be bound with applicable computer
reports and submitted monthly during the Pre-Construction Phase based on the then-current
available Construction Documents, and monthly during the Construction Phase. Copies shall-be
transmitted by Design/Builder to the City and others designated by the Contract Administrator
with each monthly Application for Payment. Additional copies of the reports outlined in this
Section shall be bound separately and distributed monthly as directed by the Contract
Administrator. Certain electronic copies of reports shall be transmitted electronically to the
Contract Administrator and others as may be designated by the Contract Administrator.
1.2 Project Manual/Management Plans. Within forty-five (45) days of the Effective Date of the
this Agreement, the Design/Builder shall develop a comprehensive Project Management
Plan describing the services set forth in the Contract Documents and document such plans
in the Project Manual. The Project Manual shall serve as the Project Management Plan, and
shall include at a minimum, the following sections:
a. Project Organizational Chart. A summary organizational chart showing the
interrelationships between the various representatives of the Project, other
supporting organizations, and permitting review agencies. Detailed charts
showing organizational elements participating in this Project shall be included for
each of the Key Members of the Project.
b. Responsibility Performance Chart. A detailed matrix showing the specific
responsibilities and interrelationships of the various Project representatives. The
Responsibility Performance Chart shall indicate primary and secondary
responsibility for each specific task required to deliver this Project. The
Design/Builder shall develop a similar chart for the personnel within its own
organization who are assigned to the Project, and for the personnel of the Key
Members of the Project from data supplied by each. Is it Project Manual or
Project Management Plan?
c. Communications Procedures. The Design/Builder shall establish written
procedures for communications and coordination required between Key
Members of the Project throughout the Project. Procedures shall cover such
items as correspondence, minutes, reports, inspections, team meetings,
technical reviews, design reviews, and other necessary communications and
timing of such communications as applicable. The Design/Builder shall use
electronic communication whenever possible. Design/Builder shall create a
master email list with a matrix of items to be circulated to the appropriate entities
and/or personnel, including, without limitation, the Consultant, Design
Subconsultants, the RPR, the City, Subcontractors and others.
d. Safety Plan. The Design/Builder shall develop a comprehensive safety program
for the Project to meet all applicable Federal, State and Local safety
requirements. This will include acomprehensive program for ensuring safety of all
persons and property affected by the Work.
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e. Quality Assurance/Quality Control (QA/QC Plan). The Design/Builder shall
develop and maintain an effective Quality Assurance and Quality Control Plan
and procedures as delineated in Appendix E hereto, to ensure that materials
furnished and quality of Work performed are in accordance with the Construction
Documents and other Contract Documents.
f. Crisis Management Plan. The Design/Builder shall develop a Crisis Management
Plan, describing a general approach to, and identifying emergency contacts in
case of, crisis situations, e.g., hurricane, riot, etc., that permits, to the fullest
extent possible, uninterrupted progress or performance of the Work or prompt
resumption of the Work.
g. Security Plan. The Design/Builder shall develop and maintain a comprehensive
Security Plan to protect the Project Site including, without limitation, the Work
installed and the equipment and materials stored within, and to protect the
materials stored off-site, against theft, vandalism, fire, and accidents, etc., as
required by job and location conditions. Mobile equipment and operable
equipment at the Project Site, and hazardous parts of new construction subject to
mischief, shall be locked or otherwise made inoperable or protected when
unattended.
h. Maintenance of Traffic and Project Site Logistics. The Design/Builder shall
prepare a logistics, access staging and maintenance of traffic plans for this Project. The plans
shall contain specific procedures for minimizing the disruption of surrounding operations and
inconvenience to the public accessing the Project Site and residents in the surrounding areas,
such as residents and visitors who must traverse the Project Site to access their residences,
• hotels or other businesses. The Project Site Logistics Plan shall include documents illustrating
the scale and relationship of Project components based on the Project's current and future
requirements, Project Schedule and construction budget requirements. The Design/Builder shall
ascertain what temporary enclosures, if any, of building areas should be provided for, and may
be provided, as a practical matter, in order to assure orderly progress of the Work in periods
when extreme weather conditions are likely to be experienced.
i. Risk Management Plan. The Design/Builder will identify those issues which
could impact the successful and timely completion of the Project within the approved Project
baseline schedule on a risk register. The Design/Builder will identify, evaluate, and assess
Project risks using a SWOT (strengths, weaknesses, opportunities and threats) analysis
sufficient to develop customized Project control strategies that maintain visibility and ensure
timely initiation of corrective actions should they be required. Assessed risk levels will determine
the control level to be used for each Project element, incorporating planned risk responses to
mitigate potential impacts.
1.3 Administrative Records.
The Design/Builder will maintain, on a current basis, unless agreed to otherwise by the
Contract Administrator, , all files and records for the Project such as, but not limited to,
the following:
• Punch Lists
• Cost Proposal Requests
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• Bid Analysis/Negotiations/Award Information Contracts/Purchase Orders
w/changes
• Material/Equipment Records
• Delivery Logs
• Payment Records
• -Transmittal-Records
• Inspection Reports
• Project Schedule, Construction Schedule and Updates thereto
• Suspense (Tickler) Files of Outstanding Requirements
• Prevailing Wage Reports
• Shop Plan Submittal/Approval Logs
• Contract Documents
• Warranties and Guarantees
• Cost Accounting Records
• Labor Cost Records
• Material Cost Records
• Equipment Cost Records
• Payment Record Requests
• Subcontractor Pay Exception Reports
• Meeting Minutes
• Cost Estimates
• Bulletin Quotations
• Lab Test Reports
• Insurance policies, Insurance Certificates and Bonds
• Technical Standards
• Design Handbooks
• "As-Built" Marked Prints
• Operating & Maintenance Instruction Manuals and Lists
• Daily Progress Reports & Subcontractor Daily Reports
• RFIs, RFCs and Associated Logs
• Monthly Progress Reports
• Project Correspondence Files
• Project Manual
The above Records shall be available to the Contract Administrator, Project Coordinator, Resident
Project Representative, and other City representatives for reference or review at any time.
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APPENDIX C
FORM OF FINAL CERTIFICATE OF PAYMENT
FINAL CERTIFICATE OF PAYMENT:
PROJECT: Consultant:
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor:
CONTRACT FOR:
NOTICE TO PROCEED
DATE(S):
DATE OF ISSUANCE:
The undersigned hereby certifies and attests to the following: All conditions or
requirements of any permits or regulatory agencies have been satisfied. All documents
required by the Contract Documents 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 provisions of the Contract Documents and is accepted under the terms and
conditions thereof.
CERTIFIED AND ATTESTED TO:
Consultant BY DATE
Witness for Consultant BY DATE
Design/Builder BY DATE
Witness for Design/Builder BY DATE
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Based upon the representation and certification of the Consultant and Design/Builder
regarding the proper completion of the Work, the 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
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APPENDIX D
PROJECT SCHEDULE
[To be incorporated after selection of Proposer]
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APPENDIX E
QUALITY CONTROL/QUALITY ASSURANCE
The Design/Builder shall submit, subject to the approval of the City, a comprehensive
Quality- Control/Quality- Assurance Plan as- provided-in- the -Contract-Documents that
includes the components required herein and in other provisions of the Contract
Documents. The City shall monitor and review the performance of the Quality Control Plan
by the Design/Builder, including observation of inspections and testing activities, as
provided in the Contract Documents . All Submittals required pursuant to the
Design/Builder's Quality Control Plan, or in other provisions of the Contract Documents,
shall be delivered to the City, unless otherwise expressly provided in the Contract
Agreement.
The City shall have the right to reject Work which does not conform to the Contract
Documents. If the City determines that a defect or nonperformance exists, the
Design/Builder shall cause the defective or nonconforming condition to be corrected or
replaced with a conforming installation, product or result, subject to the approved Quality
Control Plan, provisions of the Contract Documents and approval of City . City's failure to
identify and/or reject any defective or non-conforming Work shall not operate to waive
City's right to subsequently demand that Design/Builder remedy any defective or non-
conforming Work in accordance with the Contract Documents.
1. Quality Control (QC) Plan. The Design/Builder shall submit for the City's approval a
Quality Control Program Plan for the execution of the Work and the Design/Builder shall
organize and conduct all activities to be performed under the Contract Documents with
strict attention and adherence to the approved Quality Control Plan: The scope of the
Quality Program Plan shall include the quality assurance and quality control elements
necessary for the design, procurement, manufacturing, installation, construction, start-up,
integrated Systems testing, and execution of the Work by the Design/Builder and
Subcontractors, and shall comply with the requirements of the Contract Documents. The
Quality Control Plan shall include the preparation of documented quality control
procedures and instructions in accordance with the requirements defined in this Section,
as well as those specified in the Contract Documents, specifically the Construction
Documents.
The Design/Builder shall be responsible for controlling the quality of all Work, including the
Work of Subcontractors. The Design/Builder shall include in its Subcontracts those
provisions which it considers necessary to assure that the quality of subcontracted Work
will be consistent with that required of the Design/Builder.
The City may audit and inspect the Design/Builder's and Subcontractors' Quality Control
Programs at any time. Such audits may be conducted on a random or routine basis and
may include an audit of the Design/Builder's inspection records and data. Additionally, the
City shall have the right to witness any quality control tests or inspections and shall have
access to all test data, including test procedures, test specifications and test results.
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Further, the City shall have the right to conduct independent tests or inspections (at the
City's expense) of any material or equipment to be used in the Work. Such audits,
inspections or tests conducted shall be performed to verify that all Work is performed in
compliance with applicable provisions of the Contract Documents, but shall not relieve the
Design/Builder of any of its obligations under the Contract.
2. Quality Assurance Management. The Design/Builder shall prepare a management
structure and organizational chart which shall reflect a commitment for an effective quality
assurance policy, and which shall define and document its Quality Program Plan approach
and objectives for, and commitment to, quality. The Design/Builder shall ensure that the
Quality Program Plan is understood, implemented, and maintained at all levels of the
Design/Builder's organization. Management personnel responsible for performing quality
control and assurance functions shall report directly to the Design/Builder's Project
Executive and Contract Administrator.
a) Quality Assurance Personnel. In its Quality Program Plan, the
Design/Builder shall identify the qualifications and experience of personnel responsible for
implementation of quality assurance elements of the Quality Program Plan, and a
description of the duties of the assigned personnel by job description. Personnel
responsible for quality assurance shall be qualified by virtue of skill, education and
experience on projects of similar type and complexity. The City reserves the right to
approve the Design/Builder's QA/QC manager.
b) Quality Assurance Verifications. The Design/Builder shall identify internal
verification requirements, provide adequate resources, and assign trained personnel for
verification activities. Verification activities shall be performed by personnel independent
of those having the responsibility for the Work being performed. Verification activities shall
include verifying the adequacy and enforcement of quality control procedures as they
relate to inspections, tests, monitoring of the design, procurement, construction,
installation and start-up of the equipment, materials, Systems and completed Work.
c) Procurement Quality Assurance. The Design/Builder shall establish and
employ procedures for the selection and control of Subcontractors, including suppliers,
which will assure the use of qualified procurement sources and which will provide methods
of monitoring the quality levels of the products and services to ensure that they conform to
Contract requirements. The Design/Builder shall select Subcontractors, in part, on the
basis of their ability to meet the Quality Control Plan requirements.
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3. Design Quality. The Design/Builder shall be responsible for the quality of all design
documentation under the Contract. The Design/Builder shall establish and utilize
procedures and instructions to ensure that all design documents, including those prepared
by Subcontractors, are prepared in accordance with the standard of care required
pursuant to these subsections and shall meet all other requirements of the Contract
- - -Documents. Design and verification activities shall be planned and assigned to qualified
staff equipped with adequate resources. Organizational and technical interfaces between
different groups within the Design/Builder's or Subcontractor's organizations which provide
input into the design process shall be identified and carefully monitored by the
Design/Builder to insure an accurate, complete, adequate and fully coordinated design.
Such interface monitoring shall be documented and regularly reviewed. Incomplete,
unsatisfactory or ambiguous integrated designs shall be identified and promptly resolved
by the Design/Builder.
a) Design Quality Control Procedures. Quality control with respect to the
design of the Work, and all design-related documentation shall include:
i. Measures to ensure that appropriate quality standards are included in the
design documents and used in the selection and review for suitability of
materials, equipment, systems and assemblies.
ii. Drawings, specifications, reports and other documents shall be stamped and
signed by the responsible architect or engineer in accordance with
Applicable Laws.
iii. Coordination of Work performed by different persons in the same area, or in
adjacent areas or in related tasks to ensure that conflicts, omissions or
misalignments do not occur between or among drawings, or between the
drawings and the specifications, and to coordinate the review, approval,
release, distribution and revision of design documents prepared by such
persons.
iv. Elements of Work requiring special quality control attention or emphasis,
including the applicable standards of quality or practice to be met and the
level of completeness, and extent of detailing required.
v. Development of a list, by discipline, of the names, qualifications, duties,
responsibilities and authorities for all persons proposed to be responsible for
quality control of design documents.
vi. Any requirements for external technical experts necessary to ensure the
quality of design of the Work, including the name, qualifications, duties,
responsibilities and authorities, the anticipated timing of the expected
availability of, and any coordination required with respect to, any such
experts.
vii. Preparation of composites in coordination with the Design/Builder's Designer
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and equipment suppliers to the extent necessary to identify and resolve
conflicts in the location of architectural features, structural members,
installations and other elements of the Work.
b) Design/Builder Design Quality Review. Prior to the submittal of the design
construction documents, the Design/Builder shall provide a quality assurance and control
review with architects and engineers experienced in the appropriate disciplines. The
criteria to be used in such reviews shall include, but not be limited to:
i. Conformity of Design/Builder Contract Documents and Design/Builder
Drawings with the Contract Documents.
ii. Assurance that all materials, equipment, and other elements of the Work
have been designed to perform satisfactorily in service and in accordance
with the Contract Documents.
iii. The appearance, organization, and technical and grammatical accuracy of
such documents.
iv. Verification that such design construction documents have been checked
and signed by each drafter, architect or engineer, checker and reviewer.
v. Where required by the Contract Documents or applicable laws, verification
that such design construction documents have been stamped and signed by
the responsible engineer or architect.
vi. Assurance that such design construction documents have been prepared to
assure compatibility with all adjacent or dependent materials, equipment or
other elements of the Work.
4. Quality Control of Construction, Manufacturing and Installation
The Design/Builder and each Subcontractor shall be responsible for the establishment and
implementation of quality control procedures and instructions for the inspection and testing
of manufactured and installed materials, equipment, and assemblies.
a) Inspection and Testing. The Design/Builder shall conduct a complete
review of the Contract requirements and shall identify all inspections and tests required for
procurement, and the installation and construction of the project Facilities. The
Design/Builder shall establish and employ written receiving inspection procedures to
ensure that materials, assemblies, and equipment or other elements of the Work are not
incorporated into the Work until each item has been inspected or otherwise verified to
conform to applicable requirements of the Contract Documents. Verification shall be in
accordance with the Quality Program Plan and other documented procedures of the
Design/Builder.
The Quality Control Plan and written procedures for first article inspection, final inspection
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and testing shall provide procedures to ensure that upon completion of all required
inspections and tests (including those to be conducted either on receipt of material or
equipment or while the material, equipment or other elements of the Work are in process)
the results are satisfactory and in compliance with all applicable requirements, and that the
results are documented in test reports. No material, equipment or other element of the
- • Wo?k-shall-be accepted until all the activities specified in the Quality Control Plan and
other documented procedures have been satisfactorily completed and the inspection and
testing results and documentation are available and approved by the Design/Builder. The
Design/Builder shall establish and maintain records which document the fact that each
item of material, equipment or other element of the Work has satisfied all applicable
inspection and test criteria and other requirements.
b) Field Samples and Mock-ups. Field samples and mock-ups shall be
prepared at the Project Site or other location by the Design/Builder as specified in the
Contract Documents. Affected finish Work shall not be started until the Design/Builder's
Authorized Representative has accepted as satisfactory field samples or mock-ups in
writing. The City shall be notified in advance and afforded an opportunity to review field
samples and mock-ups before affected finish Work is started.
c) Design/Builder's Control Inspection and Testing. The Design/Builder shall
be responsible for control inspection and testing of all materials, equipment and other
elements of the Work prior to their delivery from a manufacturer, or during construction
(e.g., electrical equipment load tests, soil compaction tests, concrete tests, piping system
leakage tests), to ensure compliance with the Contract Documents. Such inspection and
testing shall be performed by a qualified independent testing and inspection firm, to be
engaged by the Design/Builder at its expense, and approved by the City. The
Design/Builder shall submit to the City the name, address, and qualifications, together with
the scope of services, of the proposed testing and inspection firm at least sixty (60) Days
prior to scheduled commencement of any Work involving such inspection or testing.
Should the Design/Builder desire to use more than one firm for control inspection and
testing, the required information shall be submitted for each such proposed firm.
All laboratory testing shall be performed by an independent, qualified testing laboratory,
employing equipment and qualified testing personnel approved by the City.
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d) Control of Nonconforming Material, Equipment, or Elements of Work. The
Design/Builder shall establish and maintain a nonconformance system and procedures for
uniform reporting, controlling and disposition of Nonconformance Items (NCI's).
Procedures shall be established to prevent the inadvertent use or installation of
nonconforming material, equipment or other elements of the Work. Control procedures
shall provide for identification, evaluation, segregation and, when practical, disposition of
nonconforming material, equipment or other elements of the Work and for notification to
the Design/Builder, the City and all personnel involved in the affected Work. The
responsibility for review and authority for the disposition of nonconforming material,
equipment or other Work shall be as established by the Design/Builder in the approved
Quality Control Plan.
e) Corrective Action. The Design/Builder shall establish and maintain written
procedures for:
i. Investigating the cause of nonconforming material, equipment or other
elements of the Work and the corrective action needed to prevent
recurrence;
ii. Analyzing all processes, work operations, concessions, quality records,
service reports, and complaints of the City to detect and eliminate potential
causes of nonconforming material, equipment, or other elements of the
Work;
iii. Initiating preventive actions to deal with problems at a level corresponding to
risks encountered;
iv. Applying controls to ensure that effective corrective actions are taken; and
v. Implementing and recording changes in procedures resulting from corrective
action.
f) Handling, Storage, Packaging and Delivery. The Design/Builder shall
establish and maintain written procedures for handling, storage, packaging and delivery of
materials, equipment and other elements of the Work, including coordination with those
materials included in the City's Direct Purchase Program. The Design/Builder shall
provide methods and means of handling and provide secure storage areas or stock rooms
that prevent damage or deterioration of materials, equipment and other elements of the
Work pending delivery, use, or incorporation into the Work. Appropriate methods for
authorizing receipt and the release to and from such areas shall be stipulated. The
condition of materials, equipment and other elements of the Work in storage shall be
assessed at regular and appropriate intervals.
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g) Quality Record. The Design/Builder and Subcontractors shall establish and
maintain procedures for identification, collection, indexing, storage, maintenance and
disposition of records concerning the quality of the Work. Such records shall be
maintained at the Project Site and at manufacturing facilities and shall document
achievement of the requirements of this Section, and the effective operation of the Quality
- Program Plan. All quality records shall be legible and identifiable as to the material,
equipment or other element of the Work involved. When methods of inspection and
testing are changed, the Design/Builder shall obtain review and acceptance of written
procedures from the Owner before implementation of any change.
Quality records shall be stored and maintained in such a manner that they are readily
retrievable in facilities that provide a suitable environment to minimize deterioration or
damage to prevent loss. Retention times of quality records shall be established and
recorded. Quality records should be made available, at all times, for evaluation and review
by the City.
5. Conformity with Contract Requirements
•
a) Verification. All Work shall be performed and furnished by the
Design/Builder pursuant to, and in full conformity with, the Contract Documents.
Throughout the duration of the Contract, the Design/Builder will be required to so establish
such conformance to the City. In addition, the City may inspect and audit the Work, at all
stages of its manufacture, fabrication, factory testing, construction, installation, on-site
testing, completion and acceptance procedures, at any time. Review, verification and
acceptance of the Work will be accomplished through the design review and construction
inspection and testing process. All design documents shall be checked and verified by the
Design/Builder for compliance with all applicable Contract Documents and with Applicable
Laws.
b) No Implied Duties. No right to act granted to the City under this Section, nor
any decision made by the City in good faith either to exercise or not to exercise such right,
shall give rise to any implied duty or responsibility of the City, respectively, to the
Design/Builder, any Subcontractor, any of their agents or employees, or any other person
performing any of the Work, or relieve the Design/Builder from its sole responsibility for
performing its obligations hereunder. Review of Submittals and any action taken by the
City with respect to Submittals shall not relieve the Design/Builder from its sole
responsibility for accuracy, completeness, coordination, errors or omissions in the
Design/Builder Drawings, the Design/Builder Contract Documents and Submittals and
associated calculations, or for deviations from the Contract Documents or compatibility of
the item with contiguous or dependent items of the Work.
6. No Interference. The City shall not supervise the Design/Builder's forces or
Subcontractors or perform other duties for the Design/Builder, nor interfere with the
management of the Work by the Design/Builder. Any advice, instruction, direction or other
order which the City may give the Design/Builder shall not be construed as releasing the
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Design/Builder from fulfilling all of the terms of the Agreement or other Contract
Documents.
7. Rejection and Removal of Nonconforming or Defective Work. As more fully
delineated in Section 2.7.16.20, all Work which does not conform to the Design/Builder's
warranties or to any other requirements of the Contract Documents will be considered
unacceptable, unless otherwise determined to be acceptable as provided in the last
paragraph of this Section. Any defective condition, whether the result of poor
workmanship, use of materials containing defects, damage through carelessness or any
other cause, found by, or disclosed to, the City shall be removed and replaced by Work
and materials which conform to the Contract Documents or shall be remedied to the
satisfaction of the City. Upon failure on the part of the Design/Builder to comply promptly
with any order of the City to remedy, remove or replace Work which is nonconforming or
contains Defects, the Owner may cause such nonconforming Work or Defect to be
remedied or removed and replaced by separate Contractors employed by the Owner at
the Design/Builder's expense. In such event, the costs of such removal, remediation and
replacement shall be deducted from any monies due or to become due the Design/Builder
under the Agreement.
In the event the City finds, as a result of monitoring of the Design/Builder's quality
assurance and quality control activities, that any materials, equipment or the finished
product in which materials, equipment or finished product are used are not in conformity
with the requirements .of the Contract Documents, but that acceptable Work has,
nonetheless, been produced, the Owner shall then determine whether the Work shall
nevertheless be accepted. If the Owner determines that the Work should be accepted, the
Owner will document the basis of acceptance by a Change Order for Diminished Value,
which will provide for an appropriate adjustment in the Contract Sum. Any such
acceptance shall not, however, ever result in an increase of the Contract Sum or the
Contract Price.
8. Design/Builder's Continuing Obligation. Neither the issuance of the Certificate of
Final Completion, nor the making of Final Progress Payment by the Owner will constitute
acceptance of any portion of the Work which is not in compliance with the requirements of
the Contract Documents or constitute a release or diminution of the Design/Builder's
continuing obligations with respect to the Work pursuant to applicable provisions of the
Agreement or other Contract Documents.
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APPENDIX F
NOT USED
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APPENDIX G
DESIGN/BUILDER'S INSURANCE AND BONDING REQUIREMENTS
I. BONDING REQUIREMENTS
- — 1. -Design/Builder- shall-submit all supporting documentation and-detailed-invoices- - -
with respect to insurance and bond premiums required for the Project. City's reimbursement of
insurance and bond premiums shall be for the portion of insurance and bond premiums directly
attributable to this Agreement. Premiums shall be net of trade discounts, volume discounts,
dividends and other adjustments.
2. The Performance Bond and the Payment Bond must each be executed by a
surety company in good standing with the Florida Office of Insurance Regulation and an
adequate rating from A.M. Best indicated in these Contract Documents which surety is
authorized to do business in the State of Florida as a 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.
3. The surety company that is bound by the Performance Bond and Payment Bond,
respectively, shall be responsible for Design/Builder's acceptable performance of the Work
under the Agreement and other Contract Documents and/or for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
4. The surety company shall hold a current Certificate of Authority as a n
acceptable surety on federal bonds in accordance with United States Department of Treasury
Circular 570. Current Revisions. If the amount of the Performance Bond and Payment 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 acceptable methods in
accordance with Treasury Circular 297, revised September 1, 1978 (31 CFR Section 223.10,
Section 223.11.) Further, the surety company shall provide City with evidence satisfactory to
City, that such excess risk has been protected in an acceptable manner.
5. The City will accept a surety bond from a company in accordance with the
requirements set forth below; provided however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the surety company based on
the financial information available to the City. The following sets forth, in general, the
acceptable parameters for bonds:
Policy- Financial Holder's Size
Amount of Bond Ratings Category
$500,001 to $1 ,000,000 A- Class I
$1,000,001 to $2,000,000 A- Class II
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$2,000,001 to $5,000,000 A Class III
$5,000,000 to $10,000,000 A Class IV
$10,000,001 to $25,000,000 A Class V
$25,000,001 to $50,000,000 A Class VI
$50,000,001 or more A Class VII
II. INSURANCE REQUIREMENTS
Design/Builder shall provide, pay for and maintain in force at all times during the term of
this Agreement (unless otherwise provided) and any extensions thereof, the following insurance
policies:
1. Commercial General Liability with minimum limits of One Million Dollars
i$1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
a. Premises and/or Operations coverage;
b. Independent Contractor or Contractor Owners Protection Liability which
includes liability coverage for operations performed for the name of the insured
by independent and/or subcontractors that are hired, and acts or omissions of the
named insured in connection with his/her general supervision of such operations;
c. Products and/or Completed Operations coverage (Design/Builder shall
maintain in force for 2 years after completion of all work required coverage for
Products/Completed Ops, including Broad Form Property Damage);
d. Explosion/Collapse and Underground Hazard coverage;
e. Broad Form Property Damage.
f. Broad Form Contractual Coverage applicable to this specific Agreement,
including any hold harmless and/or indemnification agreement contained in the
Contract Documents.
g. City must be named as an Additional Insured on this policy as set forth in
Section 111.4 below.
2. Workers' Compensation Insurance to apply for all employees in compliance with the
"Workers Compensation Law" of the State of Florida and all applicable Federal laws.
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Design/Builder shall ensure that all subcontractor(s) at all tiers have Workers' Compensation
Insurance for their employees in accordance with Florida's Workers' Compensation law. In
addition, the policy(ies) must include: Employers' Liability with minimum limits of Five Hundred
Thousand Dollars ($500,000) each accident.
3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000)
per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include: (1) Owned Vehicles; and (2) hired and Non-Owned Vehicles.
4. Design Professional Liability or equivalent Errors & Omissions Liability shall be
maintained with the limits of liability provided by such policy to be no less than One Million
Dollars ($1,000,000) for each claim, subject to a maximum deductible acceptable to the City and
not-to-exeed $100,000. Design/Builder shall maintain the claims made form coverage with a
minimum of 3 years extended reporting following Final Completion and shall annually provide
City with evidence of renewal coverage. Design/Builder is responsible for all deductibles in the
event of a claim. Design/Builder shall indicate the deductible for this coverage on its Certificate
of Insurance. Design/Builder shall notify City in writing within thirty (30) days of any claims filed
or made against the Design Professional Liability Insurance Policy. Consultant and Design
Subconsultants shall each maintain the same Errors & Omissions Liability coverages required
herein.
5. Pollution Liability, which covers mitigation expenses and third-party liability in the
minimum amount of Two Million Dollars ($2,000,000) per claim, subject to a maximum
deductible acceptable to the City. Such policy shall include an annual policy aggregate in the
amount of Three Million Dollars ($3,000,000) and name City as additional insured.
Design/Builder shall indicate the deductible for this coverage on its Certificate of Insurance.
6. Installation Floater Insurance including coverage for material & equipment to be
installed during the course of this Project. City 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.
III. ADDITIONAL TERMS AND CONDITIONS:
1. Notice to City. If the initial insurance expires prior to the completion of the Work,
renewal copies of insurance policies shall be furnished to the City at least fourteen (14) days
prior to the date of their expiration. The insurance policy(ies) must be endorsed to provide
the City with at least thirty (30) days' notice of cancellation and/or restriction.
2. Certificates of Insurance. Design/Builder shall furnish to the City Certificates of
Insurance or endorsements evidencing the insurance coverage specified herein within fifteen
(15) days after notification of award of the Agreement, and shall also furnish to the City a copy
of each insurance policy required by this Agreement. The required Certificates of Insurance shall
name the types of policies provided, refer specifically to this Agreement , and state that such
insurance is as required by this Agreement. The Certificates of Insurance shall be in form
acceptable to, and subject to, approval by City. The failure to provide the Certificates of
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Insurance within fifteen (15) days shall be the basis for the rescission of the awarding
Agreement. The official title of the certificate holder is City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
3. Right to revise or reject. City's Risk Management Division reserves the right, but not
the_obligation, to review and revise any-insurance requirements at-the time of insurance contract-
renewal and/or any amendments, not limited to deductibles, limits, coverages and
endorsements based on insurance market conditions affecting the availability or affordability of
coverage; or changes in the scope of work/specifications affecting the scope and applicability of
coverage.
4. Additional Insured. City and Design Criteria Professional shall be expressly included
as an Additional Insured on all policies, as applicable, and with an endorsement that is
acceptable to the City. Additional insured certificates for the City shall read "City of Miami
Beach, Florida", 1700 Convention Center Drive, Miami Beach, FL, 33139, Attn: Risk
Management, 3rd Floor.
5. Notice of Cancellation and/or Restriction. The policy(ies) must be endorsed to
provide City with at least thirty (30) days' notice of cancellation or non-renewal and/or restriction.
A copy of the endorsement(s) shall be provided with the Certificates of Insurance.
6. Duty of Care. Design/Builder's furnishing insurance coverage shall in no way relieve or
limit, or be construed to limit or relieve or limit, Design/Builder or any of its Subcontractors of
any responsibility, liability, or obligation imposed by the Contract Documents, or by Applicable
Laws, including, without limitation, any indemnification obligations which Design/Builder or any
of its Consultants, Design Subconsultants and Subcontractors have to City thereunder.
7. • Design/Builder's Failure to Procure. , Design/Builder's failure to procure or maintain
the insurance required by this Appendix G during the'entire term of the Work shall constitute a
material breach and automatic Default of the Agreement. In the event of such a breach, the City
may exercise all available rights and remedies hereunder, including the right to immediately
suspend or terminate the Agreement without any further notice to or opportunity to use for
Design/Builder or, at its discretion, procure or renew such insurance to protect the City's
interests and pay any and all premiums in connection therewith, and withhold or recover all
monies so paid by the City from the Design/Builder.
8. Waiver of Subrogation. Where permitted by law, Design/Builder hereby waives all
rights of recovery by subrogation or otherwise (including, without limitation, claims related to
deductible or self-insured retention clauses, inadequacy of limits of any insurance policy,
insolvency of any insurer, limitations or exclusions of coverage), against City, and its respective
officers, agents, or employees. Certificates of insurance shall evidence the waiver of
subrogation in favor of the City, and that coverage shall be primary and noncontributory, and
that each evidenced policy includes a Cross Liability or Severability of Interests provision, with
no requirement of premium payment by the City.
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APPENDIX H
DCP
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APPENDIX I
FORM OF PERFORMANCE BOND AND PAYMENT BOND
PERFORMANCE BOND
By this Bond, We as Principal, whose principal
business address is ,
as the Design/Builder under the agreement dated , 20 , between Principal
and the City of Miami Beach, Florida (hereinafter referred to as "City") for the design and
construction of the [D/B Services Central Bayshore South RFP No. 2015-
-YG] (which agreement and the other Contract Documents referenced therein are
hereinafter referred to as "Contract"), the terms of which Contract are incorporated by reference
in its entirety into this Bond, and , a corporation, whose principal
business address is as Surety, are bound to City,
as obligee, in the sum of U.S. dollars ($ ), for
payment of which we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs all the work under the Contract, including but not limited to guarantees,
warranties and the curing of latent defects, said Contract being made a part of this Bond
by reference, and at the times and in the manner prescribed in the Contract; and
2. Pays City all losses, damages, expenses, costs and attorney's fees, including appellate
proceedings, that City sustains as a result of default by Principal under the Contract,
including but not limited to a failure to honor all guarantees and warranties or to cure
latent defects in the Work or materials within the time period provided in Section
95.11(2)(b), Florida Statutes; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract, including all warranties and curing all latent defects within
the time period provided in Section 95.11(2)(b), Florida Statutes;
then this bond is void; otherwise it remains in full force.
Surety specifically assumes liability for any and all damages, including but not limited to
liquidated damages set forth in the Contract, arising from Principal's default of the Contract, as
well as all latent defects uncovered in the work of the Principal after final acceptance of the work
by the City.
If no specific periods of warranty are stated in the Contract for any particular item or work,
material or equipment, the warranty shall be deemed to be a period of one (1) year from the
date of final acceptance by the City; provided, however, that this limitation does not apply to
suits seeking damages for latent defects in materials or workmanship, such actions being
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BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
subject to the limitations found in Section 95.11(2)(b), Florida Statutes.
Whenever the Principal shall be, and is declared by City to be, in default under the Contract,
City having performed City's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
(1) Complete the Contract in accordance with its terms and conditions; or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if City elects, upon
determination by City and Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and City, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract 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
Principal under the Contract and any amendments thereto, less the amount properly paid by
City to Principal.
The Surety hereby waives notice of and agrees that any changes in or under the Contract and
compliance or noncompliance with any formalities connected with the Contract or the changes
does not affect Surety's obligation under this Bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than City named herein. 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.
Signature page to follow
138 ADDENDUM NO.9
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BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
Signed and sealed this day of , 20 .
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
_ day of , 20
Countersigned by Resident INSURANCE COMPANY:
Florida Agent of Surety
By:
Attorney-in-Fact
Address:
[attach copy of Agent's ID card (Street)
Issued by Fla. Ins. Commissioner]
(City/State/Zip Code)
[Atty in fact power of atty must be attached] Telephone No.:
139 ADDENDUM NO.9
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FORM OF PAYMENT BOND
By this Bond, We as Principal, whose principal
business address is , and whose telephone
number is , as the Design/Builder under the agreement dated ,
20 , between Principal and the City of Miami Beach, Florida (hereinafter referred to as "City")
for the design and construction of the [D/B Services Central Bayshore South
RFP No. 2015- -YG] (which agreement and the other Contract
Documents referenced therein are hereinafter referred to as "Contract"), the terms of which
Contract are incorporated by reference in its entirety into this Bond, and
, a corporation, whose principal business address is
as Surety, are bound to City, as obligee, in the sum
of U.S. dollars ($ ), for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and
severally.
THE CONDITION OF THIS BOND is that if the Principal:
1. Promptly makes payments to all claimants, as defined by Florida Statute 255.05(1),
providing Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the Contract, and in the times and
in the manner prescribed in the Contract; and
2. Pays City all losses, damages, expenses, costs and attorney's fees including appellate
proceedings, that City sustains because of a failure by Principal to make any payments
required under the Contract;
then this bond is void; otherwise it remains in full force.
A claimant shall have a right of action against the Principal and the Surety for the amount due it.
Such action shall not involve the City in any expense.
A claimant, except a laborer, who is not in privity with Principal 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 Principal a notice
that he intends to look to the bond for protection. A claimant who is not in privity with Principal
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 Principal and to the Surety, written notice of the performance of the labor or delivery of
the materials or supplies and of the nonpayment.
No action for the labor, materials, or supplies may be instituted against Principal or the Surety
unless both of the above-referenced notices have been given. Any action under this Bond must
be instituted in accordance with the notice and time limitations prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
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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.
Signature page to follow
141 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8'CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
Signed and sealed this day of , 20
Principal
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
Countersigned by Resident INSURANCE COMPANY:
Florida Agent of Surety
By:
Attorney-in-Fact
Address:
[attach copy of Agent's ID card (Street)
Issued by Fla. Ins. Commissioner]
(City/State/Zip Code)
[Atty in fact power of atty must be attached] Telephone No.:
142 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
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FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION
[TBD]
•
143 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
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FORM OF CHANGE ORDER
CHANGE ORDER FORM
Date: r< rare ._ e-: a :i a:
To: Design/Builder .
Reason: Choosy an itarn.
1. CHANGE IDENTIFICATION: The following changes are hereby made to the above-referenced Contract:
2. ADJUSTMENT TO CONTRACT AMOUNT: As consideration for the change(s)identified in Section 1,
the Contract is increased I(decreased)by:
DOLLARS $
Original Contract Amount: $
Net of Previous Executed Change Orders: $
Amended Contract Amount(prior to this Change Order) : $
The Amount of this Change Order: $
Revised Contract Amount: $
IF NO ADJUSTMENT IS MADE, THE CONTRACT AMOUNT REMAINS UNCHANGED.
3. ADJUSTMENT TO TIME FOR PERFORMANCE: In connection with the change(s) noted in Section 1, DESIGN/BUILDER'S
TIME FOR PERFORMANCE REMAINS UNCHANGED unless specifically noted herein:
Adjustment in Time 0 Days
This Change Order is an amendment to the Agreement between the Design/Builder and City. The amount and time change designated
herein are the maximum agreed to by both the City and Design/Builder for this Change Order. Design/Builder attests that the Contract
adjustment provided herein is reasonable, and constitutes compensation in full for all costs, claims, markup, and expenses, direct or
indirect, attributable to this or any other prior Change Orders, including but not limited to compensation in full for any delays,
acceleration, or loss of efficiency encountered by Design/Builder in the performance of the Work through the date of this Change Order,
and for the performance of this and any prior Change Orders by or before the date of Substantial Completion. In consideration of the
compensation and time, if any, in this Change Order, the Design/Builder hereby releases the City from all Claims, demands, or causes
of action arising out of the transactions, events and occurrences giving rise to this Change Order. This written Change Order is the
entire agreement between the City and Design/Builder with respect to this Change Order. No other agreements or modifications shall
apply to this contract amendment unless expressly provided herein
EXCEPT AS EXPRESSLY MODIFIED HEREIN, THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS REMAIN
UNCHANGED.
City: Design/Builder:
By: By:
144 ADDENDUM NO. 9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
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•
■•
•
•
•
EXHIBIT D
Pre-Submittal Meeting Sign-In Sheet
•
•
145 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
MIAMI BEACH
CITY OF NIIAAI I BEACH
PRE- SUBMITTAL MEETING
SIGN-IN SHEET
DATE: January 7, 2016
TITLE: RFP 2015-133-VG—DESIGNI/BUILD SERVICES FOR NEIGHBORHOOD NO.8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENTS(PHASE II)
NAN1E COMPANY NAME ' PHONE# FAX!!
(PLEANE PRINT)
E-MAI I.,ADDRESS •
Kristy Bala Procuremem-CMB 305-673-7000 786-394-4073
ext.62[8
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146 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
MIAMI BEACH
CI1T-OF MIAM-ITBE:AC I
PRE-SUBII I AL MEETING
SIGN-It SIFEET
NAME - COMPANY NAME
PHONE# FAX#
(PLEASE PRINT) E-MIL,ADDRESS •
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147 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
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EXHIBIT E
Evaluation Scoring Results for Phase I
143 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO. 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
r./MO 10111:I7,1"4
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149 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
® MIAMI BEACH
City of Miami Beach, 475_Meril;i.crz..Averu_, Ficer, Micrni Beach,H!oridc 33139,w.ArN.r;icrniCecchil.cov
PROCUREMENT DEPAR-TMENT
Tel: 305-673-7490 flax: 786-394-4002
ADDENDUM NO. 9
- — -- REQUEST FOR-PROPOSALS-NO:201-5-1-33-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS (PHASE II)
February 2, 2016
This Addendum to the above-referenced RFP is issued in response to clarifications and
revisions issued by the City. The RFP is amended in the following particulars only.
1. RFP DUE DATE AND TIME. The deadline for the receipt of bids is extended until
3:00 p.m...or Friday, February 19th, 2016, at the following location:
City of Miami Beach
Procurerment Department
1755 Meriidian Avenue, 3rd Floor
Miami Beach, Florida 33139
Late proposals wnll not be accepted. Proposers are cautioned to plan sufficient time to allow for
traffic or other delays for which the Proposer is solely responsible.
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
All responses to questions or requests for clarifications, including any updates/clarifications to
the form of Agreement, shall be sent to the Proposers in the form of an addendum. 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 EafaelGranado(a�miamibeachfl.aov
Contact: Telephone: Email:
Kristy Bada 305-673-7000 ext. 6218 kristybada @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP
submission.
Sin erely,
4.11."
rx Denis
Procurement Director
1 ADDENDUM NO.9
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
® MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue,3`i Floor,Miami Beach, Florida 33139,www.miamibeachil.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 8
REQUEST FOR PROPOSALS NO. 2015=133=YG - -
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS (PHASE II)
December 24, 2015
This Addendum to the above-referenced RFP is issued in response to clarifications and
revisions issued by the City. The RFP is amended in the following particulars only.
1. REMINDER: Proposers are reminded that the Cone of Silence is still in effect.
2. PHASE II CONFERENCE: A voluntary Phase II Conference is scheduled for 12:00 p.m. on
January 7, 2016 at the following location:
Miami Beach Procurement Department
1755 Meridian Avenue, 3rd Floor
Conference Room
Miami Beach, Florida 33139
Proposers are strongly encouraged to attend. If you are interested in participating via
telephone, please contact Mrs. Kristy Bada at kristvbada(c miamibeachfl.gov to
request the meeting access information.
3. The Phase II Time Table has been updated as follows:
Phase II—Technical Proposals
Solicitation Issued to Short-Listed Proposers December 24,2015
Pre-Submittal Meeting January 7,2016 at 12:00 PM
Deadline for Receipt of Questions February 1, 2016 at 5:00 PM
Proposals Due February 9,2016 at 3:00 PM
Selection Committee Meeting to Interview February 24, 2016(Tentative)
Commission Approval of Final Proposer TBD
1 I ADDENDUM NO.8
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
4. PHASE II PROPOSAL DUE DATE AND TIME: The deadline for the receipt of proposals is
until 3:00 p.m., on Tuesday, February 9, 2016, at the following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive, 3rd Floor
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.
5. FILES. Enclosed please find the following files: 1) Design Criteria Package
All responses to questions or requests for clarifications, including any updates/clarifications to
the form of Agreement, shall be sent to the Proposers in the form of an addendum. 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(a�miamibeachfl.aov
Contact: Telephone: Email:
Kristy Bada 305-673-7000 ext. 6218 kristybada @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP
submission.
Sincerely,
Alex Denis
Procurement Director
2 ADDENDUM NO.8
REQUEST FOR PROPOSALS NO.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(RFP)(PHASE II)
MIAMI.BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,',vww.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 7
REQUEST FOR PROPOSALS NO. 2015-133-YG
•
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
- - - - - OF-WAY-INFRASTRUCTURE IMPROVEMENTS -
JULY 10, 2015
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. RFP DUE DATE AND TIME. As a reminder, the deadline for the receipt of proposals is 3:00
P.M., ON WEDNESDAY, JULY 15, 2015, at the following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive, 3rd Floor
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. REVISIONS TO THE RFP. Page 16 of the RFP, Section 00305 — Evaluation Methodology, Sub-
Section 4— Determination of Phase I Ranking, has been revised as follows:
If the City receives proposals from three (3) or fewer responsive Proposers and, after
review of proposals by the Evaluation Committee, are all deemed qualified by the City
Manager or if all responsive Proposers (regardless of how many), after review of
Proposals by the Evaluation Committee, are all deemed qualified by the City Manager,
Phase II may proceed without interruption. If the City wishes to limit the number of
responsive Proposers eligible for Phase II (commonly known as short-listing), Tthe City
Manager may shall submit a recommendation to the City Commission to short-list one or
more proposers at the conclusion of the Phase I evaluation.
Following -.-
Phase I of the RFP, "- "_.. : "_ _ _- --the Proposers deemed eligible for Phase II
(hereinafter referred to as "Phase II Proposers"), will be allotted approximately 45 days to
prepare a detailed technical proposal for the Project. The Phase II Proposers short listed
proposers will also be provided, via addendum, with the formal Design Criteria Package
(DCP) and the Design/Building Agreement. Following Phase I short listing and prior to
receipt of proposals pursuant to Phase II, the City may issue further information and
clarifications via Addenda to the Phase II Proposers short listed proposers, including (but
not limited to) any amendments to the Design Criteria Package, cost tender form, form of
contract, and other informational items or requirements necessary for the Phase II
Proposers 'e• _ e ___ - to submit its Phase II proposals. Additionally, the City will
conduct a pre-submittal conference with Phase li Proposers short listed proposor to
facilitate project understanding and consider any project specific questions from the short-
listed proposers. Phase II proposals will be evaluated in accordance with the criteria
established in Section 0305 for Phase II Evaluation.
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 RafaelGranadomiamibeachfl.qov.
•
1
Procurement Contact: Telephone: Email:
Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP 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.
Sin :rely
A nis
Prilcurement Director
•
•
•
•
•
•
2
MIAMIBEACH.
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 6
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENTS
JULY 1, 2015
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. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended UNTIL 3:00
P.M., ON WEDNESDAY, JULY 15, 2015, at the following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive, 3rd Floor
• 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(amiamibeachfl.gov.
Procurement Contact: Telephone: Email:
Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP 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.
Sincere,
Alex .-•nis
Procu ement Director
• i
1
l
,•
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT '
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 5
REQUEST FOR PROPOSALS NO. 2015-133-YG '
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
- — — OF-WAY INFRASTRUCTURE IMPROVEMENTS
. JUNE 26, 2015
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. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended UNTIL 3:00 •
•
P.M., ON WEDNESDAY, JULY 8, 2015, at the following location.
Miami Beach City Hall I
Procurement Department j
1700 Convention Center Drive, 3rd Floor
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(a�miamibeachfLgov.
Procurement Contact: Telephone: Email:
Yusbel Gonzalez ' 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP 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
pro..sal.
NO
Al;x Denis
Procurement Director
1
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachFl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 4
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
- — — OF-WAY INFRASTRUCTURE IMPROVEMENTS —
JUNE 22, 2015
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. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended UNTIL 3:00
P.M., ON TUESDAY, JUNE 30, 2015, at the following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive, 3rd Floor
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. CHANGE TO THE RESPONSE PROVIDED TO QUESTION # 1 IN ADDENDUM NO. 3. The
following is a revised answer to question # 1 in Addendum No. 3, published June 17, 2015:
The following technical certification requirements listed under Minimum Requirement#
6 must be met by the Lead Designer:
16.00 - General Civil Engineering
The following technical certification requirements listed under Minimum Requirement#
6 may be met by the Lead Designer or a final design team member (sub-consultant):
3.02- Highway Systems— Highway Design
3.09— Highway Systems — Signing, Pavement Marking, Channel
6.01 —W& S System—Water Distribution and Sanitary Sewage Collection
6.02—W&S —Major Water & Sewer Pumping Facility
10.01 — Environmental Engineering — Stormwater Drainage Design
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(c�miamibeachfl.gov.
Procurement Contact: Telephone: Email:
Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP 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.
Si i ,erely,
Al- D= Is
Pro- rement Director
1
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachtl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 3
REQUEST FOR PROPOSALS NO. 2015-133-YG
—DESIGN//BUILD-SERVICES-FOR-NEIGHBORHOOD NO.8:CENTRAL BAYSHORESOUTHRIGHT-
OF-WAY
INFRASTRUCTURE IMPROVEMENTS
JUNE 17, 2015
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. •
RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended UNTIL 3:00 P.M., ON
TUESDAY, JUNE 23, 2015, at the following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive, 3rd Floor
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.
Q1: Regarding the City's response to Question No. 3 in Addendum No. 2, recent similar City of Miami
Beach Design-Build project procurements have allowed subconsultants/subcontractors to bring
some of the Technical Certifications and qualifications to a Proposer's Team to meet an RFP's
requirements. In the City's most recent Design-Build procurement, the 54-inch Sewer Force
Main, Answer No. 4 in Addendum No. 4 regarding qualifications states that "The requirements for
the Lead Designer and Lead Constructor must be met by the Prime Proposer or a subcontractor
to the Prime Proposer." In addition, subconsultants were used to meet some of the Technical
Certification requirements for the procurement of the Palm and Hibiscus project. We are
requesting this precedent be carried forward to this project procurement.
Al: The following technical certification requirements listed under Minimum Requirement # 6
must be met by the Lead Designer:
3.02- Highway Systems— Highway Design
3.09—Highway Systems — Signing, Pavement Marking, Channel
16.00—General Civil Engineering
The following technical certification requirements listed under Minimum Requirement # 6
may be met by a final design team member (sub-consultant):
6.01 —W & S System—Water Distribution and Sanitary Sewage Collection
6.02—W&S— Major Water& Sewer Pumping Facility
10.01 — Environmental Engineering — Stormwater Drainage Design
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(c�miamibeachfl.00v.
Procurement Contact Telephone: Email: •
Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission.
1
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,
c
I �
lex De •
br` Procurement Director
2
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305-673-7490 Fax: 786-394.4002
ADDENDUM NO. 2
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENTS
JUNE 10, 2015
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.
Q1: Does the construction budget noted in the documents represent the engineers estimate or only
the money set aside by the city for this project? If the construction budget of $10.5 Million is the
estimated cost is that number for design and construction or just construction?
Al: The $10.5 Million is the construction estimate. The City will adjust the estimate once the
Design Criteria Package (DCP) is issued under Phase II of the RFP.
Q2: Could you please provide a list of attendance for the second pre-bid meeting?
A2: Please see attached.
Q3: Can a sub-consultant be used to meet the Technical Certification requirements listed under No. 6
in Minimum Requirements (p. 7 of the RFP) or do all Technical Certification requirements need to
be met by the Lead Designer?
A3: The technical certification requirements listed under Minimum Requirement # 6 must be
met by the Lead Designer.
Q4: Can you please clarify the definition of a "completed" project? If the design is complete, can that
be considered a completed project?
A4: Yes, as long as the completed project is being used to show design experience.
Q5: Are 11 x 17 foldouts permitted for items such as the organizational chart?
A5: Yes.
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(a�miamibeachfl.gov.
Procurement Contact: Telephone: Email:
Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP 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.
Sin4. ly
Alex P-nis
Procurement Director
1
(14 MIAMIBEACH
• CITY OF MIAMI BEACH
PRE PROPOSAL MEETING
SIGN-IN SHEET
DATE: May 18,2015
TITLE: RFP 2015-133-YG DESIGNBUILD SERVICES FOR NEIGHBORHOOD NO.
8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENTS
NAME —-- COMPANY NAME • - _ PHONE# FAX#
(PLEASE PRINT) E-MAIL ADDRESS
Yusbel Gonzalez Procurement-CMB 305-673-7000 786-394-4073
yusbelgonzalez(cr�miarnibeachfl.gov ext.7490
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MIAMIBEACH
CITY OF MIAMI BEACH
PRE PROPOSAL MEETING
SIGN-IN SHEET
DATE: May 18,2015
TITLE: RFP 2015-133-YG DESIGNBUILD SERVICES FOR NEIGHBORHOOD NO.
8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENTS
NAME- COMPANY NAME - PHONE# FAX#
(PLEASE PRINT) E-MAIL ADDRESS
Yusbel Gonzalez Procurement-CMB 305-673-7000 786-394-4073
yusbelgonzalez(amiamibeach 1.gov
ext, 7490
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MIAMIBEACH
CITY OF MIAMI BEACH
PRE PROPOSAL MEETING
SIGN-IN SHEET
DATE: May 18,2015
TITLE: RFP 2015-133-YG DESIGNBUILD SERVICES FOR NEIGHBORHOOD NO.
•
•
8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENTS
NAME CONIPANY NAME PHONE# - FAX#
•
(PLEASE PRINT)
E--MAIL ADDRESS •
Yusbel Gonzalez Procurement-CMB 305-673-7000 786-394-4073
•
yusbelgonzalez PJniamibeachfl.gov ext. 7490
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MIAMI BEACH
City of Miami Beach,1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 1
REQUEST FOR PROPOSALS NO. 2015-133-YG
DESIGN//BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-
-- - - -- - — OF-WAY-INFRASTRUCTURE-IMPROVEMENTS- - - -
MAY 13, 2015
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. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on
Friday, June 19, 2015, at the following location.
Miami Beach City Hall
Procurement Department
1700 Convention Center Drive, 3rd Floor
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. DEADLINE FOR RECEIPT OF QUESTIONS. The deadline for receipt of questions is extended until
5:00 p.m. on Tuesday, June 9, 2015.
3. ADDITIONAL PRE-PROPOSAL CONFERENCE. Due to a technical problem with the meeting
number indicated in the RFP, some Proposers were unable to dial-in to the pre-proposal conference
- held on May 13, 2015. As such, an additional pre-proposal conference has been scheduled for the
date, time, and location shown below. Proposers that attended the pre-proposal conference held on
May 13, 2015 are not required to attend this second pre-proposal conference. Attendance to the pre-
proposal conference is VOLUNTARY.
Date: May 18, 2015 at 10:00 AM
Location: City of Miami Beach City Hall - 4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive Miami Beach, Florida 33139
Proposers interested in participating in the 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
Proposers who are interested in participating via telephone should send an e-mail to the contact
person listed in this RFQ expressing their intent to participate via telephone.
4. PRE-PROPOSAL MEETING SIGN-IN SHEET. Enclosed please find a copy of the sign-in sheet for
the pre-proposal meeting held on May 13, 2015
1
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.
Procurement Contact Telephone: Email:
Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @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
proposal.
Sits t v ,
. Berns •
ocurement Director
•
2
MIAMIBEACH
CITY OF MIAMI BEACH
PRE- PROPOSAL MEETING
SIGN-IN SHEET
DATE: March 13, 2015
TITLE: RFP 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8
CENTRAL BAYSHORE SOUTH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENTS
PTIOJN:te.
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Yusbel Gonzalez Procurement - CMB 305-673-7000 786-394-4073
ext. 6230
Yusbelgonzalez(cb,miamibeachfl.gov
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MIAMI BEACH
CITY OF MIAMI BEACH
PRE- PROPOSAL MEETING
SIGN-IN SHEET
DATE: March 13, 2015
TITLE: RFP 2015-133-YG DESIGNBUILD SERVICES FOR NEIGHBORHOOD NO. 8
CENTRAL BAYSHORE SOUTH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENTS
_
NAME COMA Y NAME PH O TEf 5 :FA#
(PLEASE PRINT) E-MAIL ADDRESS
Yusbel Gonzalez Procurement- CMB 305-673-7000 786-394-4073
Yusbel Qonzalez(@,,miamibeachfl.gov ext. 6230
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CITY OF MIAMI BEACH
PRE- PROPOSAL MEETING
SIGN-IN SHEET
DATE: March 13,2015
--
TITLE: RFP 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8
CENTRAL BAYSHORE SOUTH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENTS
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MIAMIBE_ ACH
CITY OF MIAMI BEACH
PRE- PROPOSAL MEETING
SIGN-IN SHEET
DATE: March 13,2015
TITLE: RFP 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8
CENTRAL BAYSHORE SOUTH RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENTS
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Yusbel Gonzalez Procurement- CMB 305-673-7000 786-394-4073
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MIAMIBEACH
REQUEST FOR PROPOSALS
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
RFP No. 2015- 133-YG
RFP ISSUANCE DATE: MAY 5, 2015
PRE-PROPOSAL MEETING DATE: MAY 13, 2015 AT 2:00 PM
PROPOSAL DUE DATE: JUNE 8, 2015 AT 3:00 PM
ISSUED BY: YUSBEL GONZALEZ, CPPB
j ,gyp (1 i\AA BEACH
Yusbel Gonzalez, Sr. Procurement Specialist
DEPARTMENT OF PROCUREMENT
1700 Convention Center Drive, Miami Beach, FL 33139
305.673.7000 x 6230 I yusbelgonzalez @miamibeachfl.gov
www.miamibeachfl.gov
MIAMI BEAC H
TABLE OF CONTENTS
PAGE
PUBLIC NOTICE FOR PROPOSALS 3
00100. GENERAL INSTRUCTIONS TO PROPOSERS 4
00200. DEFINITIONS 10
00300. INSTRUCTIONS TO PROPOSERS 10
00305. EVALUATION METHODOLOGY 15
00315. PROPOSAL SUBMISSION REQUIREMENTS 18
00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES 24
APPENDIXES:
A. PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT..26
B. "NO BID" FORM 34
C. BID TENDER FORM (COST PROPOSAL) 36
D. INSURANCE REQUIREMENTS 39
E. REQUIRED FORMS .42
F. SAMPLE CONTRACT 46
2 1 RFP 2015-133-YG
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305.673.7490, Fax: 786.394.4006
— — — — --PUBLIC NOTICE
REQUEST FOR PROPOSALS(RFP)No.2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
Miami Beach,Florida
By means of this RFP, the City seeks to contract with a Design/Build Firm for Right-of-Way Infrastructure
Improvements to Neighborhood No. 8: Central Bayshore South. Proposals received pursuant to this RFP will be
evaluated in a two-phased process (Phase I and Phase II). The Design/Build Firm (DBF) will be responsible for the
design, permitting, community outreach for, and the construction of the infrastructure site work for Right of Way
Infrastructure Improvement Program Neighborhood No.8: Central Bayshore South. The work will include but not be
limited to site preparation; earthwork, roadway reconstruction, water main installation and water services relocation;
and storm drainage infrastructure installation and streetscape improvements. In addition to construction related
services, the project will require engineering design, permitting, surveying services, utility locations, landscape
architecture,and potentially geotechnical services.
The DCP for this project shall be provided in digital format on CDs to all short-listed proposers following Phase I
evaluation. Please call Yusbel Gonzalez, CPPB at 305.673.7490, or e-mail vusbelaonzalez(@miamibeachfl.eov to
secure a CD. The cost for these CDs is$20. One may purchase a CD through the Finance Cashier located on the
1st Floor in City Hall. Please make reference of the RFP number (RFP 2015-133-YG) and project name
(DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS) to the Finance Cashier. After purchase, CDs are to be collected by the
Proposer at the Procurement Office located on the 3rd Floor in City Hall with presentation of receipt from the Finance
Cashier.
A Pre-Proposal Conference, as further detailed in Section 0100-10 of the RFP is scheduled for 2:00 P.M. on May
13, 2015 in the City Manager's Large Conference Room located at City of Miami Beach,City Hall, 1700 Convention
Center Drive,4th Floor, Miami Beach, FL 33139.
Sealed proposals, for Phase I, will be received by the City of Miami Beach Department of Procurement, 3rd Floor,
1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on June 8, 2015, for DESIGN/BUILD
SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENTS(the Project).
Sincerely,
Alex Denis
Director, Procurement Department
3 I RFP 2015-133-YG
MIAMI BEACH
0100. GENERAL INSTRUCTIONS TO PROPOSERS:
1. General: This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, scope of work, technical approach, and price
Proposals (the "Proposal") to the City for the City's consideration as an option in achieving the required scope of — _____
services and requirements as noted-herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) who will be the DESIGN/BUILD FIRM that enters into
Contract with the City if this RFP results in an award. For purposes of this RFP, the terms "DESIGN/BUILD FIRM
(DBF)", "PROPOSER", "PRIME PROPOSER", "FIRM" are used interchangeably and shall refer to the firm that will
contract with the City for the performance of the design services and work for the project.
The City utilizes Public Purchase (wwv.oublicourchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through Public Purchase must register immediately
with Public Purchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of Proposal submitted.
2.Purpose:
By means of this RFP, the City seeks to contract with a Design/Build Firm for Right-of-Way Infrastructure
Improvements to Neighborhood No. 8: Central Bayshore South. Proposals received pursuant to this RFP will be
evaluated in a two-phased process (Phase I and Phase II). Phase I Proposers will be evaluated in accordance with
the criteria established in Section 0305 for Phase I Evaluation. Following City Commission selection of the short-
listed proposers pursuant to Phase I of the RFP, the short-listed proposers will be allotted approximately 45 days to
prepare a detailed technical proposal for the Project.The short-listed proposers will also be provided, via addendum,
with the formal Design Criteria Package(DCP)and Design/Build Agreement. Following Phase I short-listing and prior
to receipt of proposals pursuant to Phase II, the City may issue further information and clarifications via Addenda to
the short-listed proposers, including (but not limited to)any amendments to the Design Criteria Package, cost tender
form, form of contract, and other informational items or requirements necessary for the short-listed proposers to
submit its Phase II proposals. Additionally, the City will conduct a pre-submittal conference with short-listed
proposers to facilitate project understanding and consider any project specific questions from the short-listed
proposers. Phase II proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase
II Evaluation. Following City Commission approval of the City Managers recommendation pursuant to Phase II, the
City will enter into contract negotiations and execution.
3.Scope of Work:
The Design/Build Firm (DBF) will be responsible for the design, permitting, community outreach for, and the
construction of the infrastructure site work for Right of Way Infrastructure Improvement Program Neighborhood No.8:
Central Bayshore South. The work will include but not be limited to site preparation; earthwork, roadway
reconstruction, water main installation and water services relocation; and storm drainage infrastructure installation
and streetscape improvements. In addition to construction related services, the project will require engineering
design, permitting,surveying services, utility locations,landscape architecture,and potentially geotechnical services.
The general location of the work is as follows: the portion of Neighborhood No. 8 Central Bayshore "A" bounded on
the north by the south right-of-way line of 34th Street;on the east by the west right-of-way line of Pine Tree Drive;on
the south by Dade Boulevard (excluding Prairie Avenue south of 28th Street); and on the west by the Miami Beach
Golf course. The project area includes that portion of Prairie Avenue between 28th Street and 34th Street,and North
Meridian Avenue from Dade Boulevard and 28th Street.
4 1 RFP 2015-133-YG
MIAI'I\IBEACH
Areas to be affected by the proposed improvements include but are not limited to the following: North Meridian
Avenue, West 28th Street; Prairie Avenue; Fairgreen Drive; Royal Palm Avenue; Sheridan Avenue; West 29th
Street;West 30th Street,and W 31st Street.
The scope of the work shall incorporate the following general areas of work as well as all miscellaneous construction _
necessary to accomplish these major goals. - -
1. Water Main Construction consisting of a parallel installation of a 16-inch and 8-inch water main
along Prairie Avenue from 28th Street to 34th Street. - along with water service relocations to the 8-inch
main.
2. Roadway Reconstruction and Streetscape Improvements consisting of the removal of
encroachments and the complete reconstruction of the roadway cross section including a designed profile
and cross slope - where possible raising the roadbed and minimum road crown elevations, and
harmonization of driveways. Utilizing an updated survey containing finished floor(FFE) data, all road right-
of-ways within the limits of the project shall be reconstructed to newly targeted elevations as requested by
Owner. Additional design considerations will be made to maintain positive drainage away from the private
lots.
3. Stormwater System Improvements consisting of the removal of the existing drainage system and
the design and construction of an interconnected drainage system to include new piping, catch basins,
manholes,and the construction of a stormwater pump station at or near the southern end of North Meridian
Avenue. The pump station complex shall include a water quality treatment device, trash rack structure,
stormwater pump station, gravity bypass,force mains,energy dissipating structure, and gravity outfall under
Dade Boulevard to the Collins Canal. Outfalls shall be equipped with Manatee Grates. Pump station plans
shall include landscaping to provide a visual buffer.
4. Interconnection and retrofit of existing pump stations, including construction of additional gravity
drainage systems and force mains and tidal outfalls. The existing drainage pumping stations at 28th Street
and Prairie Avenue and 28th Street and Pine Tree Drive shall be interconnected with a gravity drainage
system. The pump station at 28th Street and Pine Tree Drive shall be retrofitted with a forcemain within
Flamingo Drive and outfall to Indian Creek. The drainage pump station at 28th Street and Prairie Avenue
shall be retrofitted with a new forcemain within North Meridian Avenue and outfall to the Collins Canal.
5. Installation of Manatee Grates on existing tidal outfalls within the overall Central Bayshore
Neighborhood.
6. Diversion of Drainage from the Adjoining Golf Courses: The design and construction shall evaluate
and implement means and methods for the collect sheetflow runoff and convey drainage via bypass piping
from the Miami Beach Golf Course west of North Meridian Avenue, and as necessary the Par Three Golf
Course south of 28th Street. In addition to bypass piping, means of controlling sheetflow runoff onto the
North Meridian Avenue ROW through methods such as an earthen berm shall be considered. Drainage
bypass piping from the Miami Beach Golf Course shall be connected to the existing gravity outfall pipe at
the southern terminus of North Meridian Avenue and under Dade Boulevard and to the Collins Canal. The
existing outfall shall be rehabilitated as necessary and fitted with a Manatee Grate. The stormwater work
related to the golf course shall include a stormwater drainage pipe leading from the CMB Parks Department
new office on the Miami Beach Golf Course.
7. Design and construction for bike lanes, multi-use paths and sidewalks. The designers shall work
with the Owner to develop a plan for the layout and inclusion of bike lanes, sidewalks and multiuse paths
within the streetscape of the several roadways within the project limits.
5 1 RFP 2015-133-YG
MIAMI BEACH
Proposed Budget: The City of Miami Beach's Capital Improvement budget for the proposed project is$10.5 Million.
4. Project Duration:The Design/Build Firm must complete the Work by the following durations,which exclude the
- - -- _warranty-administrative period. -- ---- ----- ------ —_—_______
• Design &Permitting Phase: 120 Days from the issuance of Notice to Proceed 1 (NTP1)
• Substantial Completion:240 Calendar Days from the issuance of applicable permits.
• Final Completion:30 Calendar Days from date of attaining Substantial Completion.
If the Design/Build Firm does not achieve Substantial Completion by the established Substantial Completion Contract
Date, Liquidated Damages (LDs)will be assessed in the amount of$3,500.00 per calendar day,which will be paid to
the City by the Design/Build Firm. If the Design/Build Firm does not achieve Final Completion by the established
Final Completion Contract Date, LDs will be assessed in the amount of$1,400.00 per calendar day, which will be
paid to the City by the Design/Build Firm. LDs will be cumulative if both the Substantial Completion Contract Date
and the Final Completion Contract Date are exceeded. All assessments of LDs to the Design/Build Firm may be
adjustments to payments due to the Design/Build Firm.
5. Location of Work: The Central Bayshore Neighborhood 8 is located with the mid-Beach area. The project limits
(Central Bayshore - South) includes, but is not limited to the public rights-of-way (ROW) within all areas generally
bounded by W. 28th Street to the south, Prairie Avenue to the west, Sheridan Avenue to the east and W.34th Street
to the north,as well as North Meridian Avenue between W.28th Street and Dade Boulevard.
6. Design Criteria Package: The DCP for this project shall be provided in digital format on CDs to all short-listed
proposers following Phase I evaluation. Please call Yusbel Gonzalez at 305.673.7490, or e-mail
vusbelaonzalez anmiamibeachfl.cov to secure a CD. The cost for these CDs is $20. One may purchase a CD
• through the Finance Cashier located on the 1st Floor in City Hall. Please make reference of the RFP number(RFP
2015-133-YG) and project name (DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS) to the Finance Cashier. After
purchase, CDs are to be collected by the Proposer at the Procurement Office located on the 3rd Floor in City Hall
with presentation of receipt from the Finance Cashier.
7. Minimum Requirements: In order for proposals to be deemed responsive,the Proposer must meet the minimum
requirements set forth herein. Non-responsive proposals will be disqualified from consideration.
1. Design/Build Firm must be licensed as a General Contractor or Underground Utility Contractor in the State
of Florida.
Submittal Requirement: Submit a copy of the required license(s).
2. Design/Build Firm must have completed at least three (3) projects similar in scope and volume in the past
ten (10) years demonstrating the Design/Build Firm's experience in Right of Way (ROW)and infrastructure
improvements.
Submittal Requirement: For each project, submit project name, brief description of project, date of
completion,owner's representative, and owner's representative contact information.
3. Design/Build Firm must have completed at least five(5) projects similar in scope and volume demonstrating
the Design/Build Firm's design-build project experience in the past ten (10)years. The required experience
of five(5)similar projects in scope and volume can be combined experience of the Design/Building Firm and
the team.
6 1 RFP 2015-133-YG
MIAMI BEACH
Submittal Requirement: For each project, submit project name, brief description of project, date of
completion,owner's representative, and owner's representative contact information.
4. Design/Build Firm must have completed three (3) projects similar in scope and volume demonstrating the
Design/Build Firm's experience performing deep excavation/dewatering procedures in a coastal
environment in the past ten-(10)-years. -- -
Submittal Requirement: For each project, submit project name, brief description of project, date of
completion,owner's representative, and owner's representative contact information.
5. Lead Designer must have completed five(5)similar projects in the past ten(10)years.
Submittal Requirement: For each project, submit project name, brief description of project, date of
completion,owner's representative, and owner's representative contact information.
6. Design/Build Firm must submit documentation acceptable to the City that the Final Design team member is
pre-qualified under Miami-Dade County, Internal Services Department, Procurement Management Services
Division,for the following categories:
•3.02-Highway Systems-Highway Design
•3.09-Highway Systems-Signing, Pavement Marking,Channel
•6.01 -W&S System-Water Distribution and Sanitary Sewage Collection
•6.02-W&S-Major Water&Sewer Pumping Facility
• 10.01 -Environmental Engineering-Stormwater Drainage Design
• 16.00-General Civil Engineering
Submittal Requirement: Submit a copy of the required pre-qualifications.
7. Proposer must have sufficient bonding capacity for a Payment and Performance Bond in an amount not less
than$10 million.
Submittal Requirement: Provide a letter from a Surety firm affirming that the Proposer has sufficient
bonding capacity to provide performance and payment bonds in an amount not less than$10 million
for the project. The Surety firm shall be rated by AM Best as to be no less than A- (Excellent) and
within a Financial Size Category of no less than Category V ($10 - $25 million). The statement of
bonding capacity shall be directly from the Surety firm on its official letterhead and signed by an
authorized agent of the firm.
7.Anticipated RFP Timetable.The tentative schedule for this solicitation is as follows:
Phase I-Qualifications
RFP Issued MAY 5,2015
Pre-Submittal Meeting MAY 13,2015 AT 2:00 PM
Deadline for Receipt of Questions MAY 19,2015 AT 5:00 PM
Responses Due JUNE 8,2015 AT 3:00 PM
Selection Committee Meeting JUNE 26,2015(TENTATIVE)
Commission Approval to Shortlist TBD
Phase II—Technical Proposals
Solicitation Issued to Short-Listed Proposers TBD
Pre-Submittal Meeting TBD
Deadline for Receipt of Questions TBD
7 RFP 2015-133-YG
MIAMI BEACH
Proposals Due TBD
Selection Committee Meeting to Interview TBD
Commission Approval of Final Proposer TBD
8 Proposal Submission: One(1)unbound original proposal must be received on or before the date stipulated
herein for the receipt of proposals. Additionally, seven (7)bound copies as well as a CD or flash drive copy
of the complete proposal are to be submitted to the City.The original proposal and all copies must be submitted
to the Department of Procurement in a sealed envelope or container stating on the outside, the Proposer's name,
address, telephone number, RFP number, title, and due date. Any proposals received after time and date
specified will be returned to the Proposer unopened. The responsibility for submitting a proposal before the
stated time and date is solely and strictly the responsibility of the Proposer. The City is not responsible for
delays caused by mail, courier service, traffic,weather or any other occurrence.
9. Procurement Contact: Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranadono mianiibeachfl.aov ; or facsimile: 786-394-4188. The RFP title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days
prior to the date Proposals are due as scheduled in Solicitation Timeline. All responses to questions/clarifications will
be sent to all prospective Proposers in the form of an addendum.
Procurement Contact: Telephone: Email:
Yusbel Gonzalez 305-673-7000 Ext 6230 yusbelgonzalez @miamibeachfl.gov
10. Pre-Proposal Conference: A VOLUNTARY Pre-Proposal Conference is scheduled for 2:00 P.M. on May 13,
2015 in the City Manager's Large Conference Room located at City of Miami Beach, City Hall, 1700 Convention
Center Drive,4th Floor, Miami Beach, FL 33139
Attendance (in person or via telephone) to this meeting is not mandatory but strongly encouraged. Proposers
interested in participating in the meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 888-270-9936(Toll-free North America)
(2) Enter the MEETING NUMBER:4142489#(note that the number is followed by the pound(#)key).
11. PRE-PROPOSAL INTERPRETATIONS: Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda formally issued by the City will be
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.Any
prospective Proposer who has received this RFP by any means other than through PublicPurchase must register
immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an
addendum may result in disqualification of Proposal submitted.
12. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov.
8 RFP 2015-133-YG
M I AM I B EAC H
13. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
httD:J/Neb.mia mibeachfl.Qov/orocurementlscroll.asox?id=23510
• CONE OF SILENCE CITY CODE SECTION 2-486
• PROTEST PROCEDURES CITY CODE SECTION 2-371
-- -------- - ---•-- ----------- -
DEBARMENT PROCEEDINGS CITY SECTIONS 2-397 THROUGH-27485.3
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CfTY CODE SECTIONS 2-481 THROUGH 2-406
• CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487
• CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES CITY CODE SECTION 2-488
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS
FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373
• LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374
• FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300
• ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449
Note: Ordinances may be amended any time prior to the receipt of bids. The most recently approved ordinance or version shall
apply.
Remainder of Page Intentionally Left Blank
9 1 RFP 2015-133-YG
MIA tv1I B EAC H
00200. DEFINITIONS:
Please refer to Section 1,—"Certain Definitions and Incorporation of Contract Documents", in Appendix F.
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 and notify Consultant of all conflicts, errors or
discrepancies in the Contract Documents of which Proposer knows or reasonably should have
known.
The submission of a proposal shall constitute an incontrovertible representation by 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 by written Addenda will be 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 ten (10) 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 ten (10) calendar days prior
to original proposal opening date stipulated in this solicitation.
3. Joint Ventures: Joint Ventures are not allowed. The City will contract with a Prime Contractor only. Each
proposal shall be submitted by the Prime Contractor only. However, proposals may include sub-contractors
or sub-consultants to the Prime Contractor.
4. 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.
5. Acceptance or Reiection 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
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.
10 RFP 2015-133-YG
MIAMI BEACH
6. Determination Of Award: Pursuant to F.S. 287.055, the City shall first consider the qualifications of firms
through the process outlined in Section 0305, Evaluation Methodology. The Evaluation of proposals shall
proceed in a two-phase process:
A. Phase I — Proposals will be evaluated in accordance with the criteria established in Section 0305 for _ __
Phase I Evaluation. Following the Phase I Evaluation Process, the City Manager may-recommend to
the City Commission no less than three respondents to be considered in Phase II. The number of
respondents recommended to be short-listed for consideration in Phase II is solely at the discretion of
the City Manager.
B. Phase II—Short-listed Proposals will be evaluated in accordance with the criteria established in Section
0305 for Phase II Evaluation.
The results of both Phase I and Phase II evaluations will be considered by the City Manager who may
recommend to the City Commission the respondent(s) he deems to be in the best interest of the City,or may
recommend rejection of all responses. The City Manager's recommendation need not be consistent with the
scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369,including
the following considerations:
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 respondent.
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.
The City Commission shall consider the City Manager's recommendation for each phase and may approve
such recommendation. The City Commission may also, at its option, reject the City Manager's
recommendation and select another proposer(or proposers)which it deems to be in the best interest of the
City,or it may also reject all responses.
Once the Phase II ranking is approved by the City Commission,the City will enter into contract negotiations
with the top ranked firm. If the City and selected firm cannot agree on contractual terms, the City will
terminate negotiations and begin negotiations with the next ranked firm, continuing this process with each
firm in rank order until agreeable terms can be met or the procurement is terminated. Contract negotiations
and execution will take place as quickly as possible after selection.
7. 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.
8. Contract Price: The Contract Price is the Lump Sum 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.
11 1 RFP 2015-133-YG
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9. Postponement of Date for Presenting and Opening Proposals: The City reserves the 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.
10. ---Qualifications of-Proposers:Proposals shall-be considered only-from Proposers which submiftheir 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, 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.
11. 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 RFP.
12. Prevailing Wage Rates: [N/A] 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.
13. 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:
13.1 The chemical name and the common name of the toxic substance.
13.2 The hazards or other risks in the use of the toxic substance,including:
13.2.1 The potential for fire,explosion,corrosion,and reaction;
13.2.2 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
13.2.3 The primary routes of entry and symptoms of overexposure.
12 RFP 2015-133-YG
MIAMI BEACH
13.3 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.
13.4 The emergency procedure for spills,fire,disposal,and first aid. _
13.5 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.
13.6 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.
14. 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 non-submission 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.
15. "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 Consultant, 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 Consultant,equal in substance,quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR.
16. 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, which establishes procedures for
resulting protested proposals and proposed awards. Protest not timely pursuant to the requirements of the
City Code shall be barred.
17. Financial Stability and Strength: The Proposer must be able to demonstrate a good record of performance
and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or
services required herein.
In addition to other financial documents required to be submitted, the City may require, after receipt of
proposals, that 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,at a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of net income). When
the proposal submittal is from a joint venture, each Proposer involved in the joint venture must submit
financial statements as indicated above.
The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or
similar) in determination of capacity.
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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 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.
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 DESIGN/BUILD FIRM 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.
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00305. EVALUATION METHODOLOGY
The Evaluation Process will be conducted in two phases.
_ _ PHASE I EVALUATION PROCESS —,— -__---_---------____--—__-- _---____-- - - -
1. Two Step Evaluation.The evaluation of responsive proposals in Phase 1 will proceed in a two-step process. The
first step (Step 1) will consist of the qualitative criteria listed below to be considered by the Evaluation Committee.
The second step(Step 2)will consist of quantitative criteria established below to be added to the first step scores by
the Procurement Department. The City reserves the right to engage the advice of its consultant, DCP or other
technical experts in assisting the Evaluation Committee in the review of proposals received.
2. Phase I I Step 1 Evaluation (100 Points). An Evaluation Committee, appointed by the City Manager,
shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If
further information is desired, Proposers may be requested to make additional written submissions of a
clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will
proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will
score the qualitative portions of the proposals only. In doing so, the Evaluation Committee may:
• review and score all proposals received,with or without conducting interview sessions; or
• review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposers will be evaluated on the following criteria(100 maximum possible points):
• Project Team(30 Points)
• Design/Build Firm Experience&Qualifications(40 Points)
• Lead Designer Experience&Qualifications(30 Points)
3. Phase I / Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the
proposers may receive additional points to be added by the Procurement Department to those points earned in Step
1,as follows.
• Veterans and State-Certified Service-Disabled Veteran Business Enterprise(5 points)
• Prime Proposer Volume of Work (0-5 Points). Points awarded to the proposer for volume of work awarded
by the City in the last three(3)years in accordance with the following table:
Less than$250,000 5
$250,000.01 –$2,000,000 3
Greater than$2,000,000 0
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4. Determination of Phase I Ranking. Phase 1/Step 1 scores (by the Evaluation Committee) and Phase 1/Step 2
scores (by the Procurement Department)will be converted to rankings in accordance with the following example:
• Proposer - 'Proposer' Proposer,
Step 1
Points 82 76 80
•
Step 2
Points 10 7 5
Committee; Total 92 84 85
Member l Rink . • 1 ` 3 2
Step 1
Points 90 85 72
Step 2
Points 10 7 5
Committee Total 100 92 79
Mender 2 Rank 1 2 3
Step 1
Points 80 74 66
Step 2
Points 10 7 5
Committee Total 90 81 72
Member 2' Rank 1 2 3
Low Aggregate Score`drN'� 3 -_ 7
Phase I;Rankingi ;. '� ;1. . , 2•
The City Manager may submit a recommendation to the City Commission to short-list one or more proposers at the
conclusion of the Phase I evaluation. Following City Commission approval of the City Managers recommendation
pursuant to Phase I of the RFP,the short-listed proposers will be allotted approximately 45 days to prepare a detailed
technical proposal for the Project. The short-listed proposers will also be provided, via addendum, with the formal
Design Criteria Package (DCP) and the Design/Building Agreement. Following Phase I short-listing and prior to
receipt of proposals pursuant to Phase II,the City may issue further information and clarifications via Addenda to the
short-listed proposers, including (but not limited to) any amendments to the Design Criteria Package, cost tender
form, form of contract, and other informational items or requirements necessary for the short-listed proposers to
submit its Phase II proposals. Additionally,the City will conduct a pre-submittal conference with short-listed proposer
to facilitate project understanding and consider any project specific questions from the short-listed proposers. Phase
II proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase II Evaluation.
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PHASE II EVALUATION PROCESS
The Phase II evaluation process shall be completed by a Technical Review Committee,appointed by the City
Manager,who may be different than the Evaluation Committee,who shall meet to evaluate each short-listed
response and technical package in accordance with the criteria established below. In doing so,_the Evaluation_ _
Committee will:
a. Interview short-listed proposers,if deemed necessary.
b. Receive input from a Technical Review by City Staff,the Design Criteria Professional,and other City
advisors
c. Recommend the Voluntary Alternate Proposals to accept, if any
d. Score proposers utilizing the Evaluation Criteria
Proposers will be evaluated on the following criteria(100 maximum possible points):
• Technical Proposals(25 Points)
• Subcontractor Experience&Qualifications(5 Points)
• Approach&Methodology Plan(10 Points)
• Project Schedule(10 Points)
• Lowest Lump Sum Price(50 Points)
Each proposed Lump Sum Price shall be scored as follows:
Sample Objective Formula for Cost
Example Maximum Formula for Calculating Points
Lump Sum Allowable Points (lowest cost I cost of proposal being evaluated X Total Points
Vendor (Points noted are for illustrative
Price purposes only.Actual points maximum allowable points=awarded points) Awarded
are noted above.) Round to
• Vendor A $100.00 20 $1001$100 X 20=20 20
Vendor B $150.00 20 $1001$150 X 20=13 13
Vendor C $200.00 20 $1001$200 X 20=10 10
Final Ranking is presented to the City Manager for further due diligence and recommendation to the City
Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has
made his recommendation to the City Commission,which may be different than final ranking results.
Remainder of Page Intentionally Left Blank
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00315. PROPOSAL SUBMISSION REQUIREMENTS
1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in 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.
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 AND FORMAT OF PROPOSAL. To facilitate review of proposals, Proposers are requested to
submit proposals in the format stipulated in this section, including clearly identifying each proposal section
(tab).
PHASE I RESPONSE FORMAT
In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of
responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner
specified below. Hard copy submittals should be bound and tabbed as enumerated below and contain a table of
contents with page references. Electronic copies should also be tabbed and contain a table of contents with page
references. Proposers should prepare their submittal on 8.5 x 11 paper.. Please feel free to include other materials,
such as covers, appendices, brochures,etc.at your discretion. The recommended number of pages the City desires
for each submittal item is indicated below. These are recommendations only and actual pages may exceed the
recommendation.
The City reserves the right to require additional information to determine financial capability. Proposer shall have ten
10 calendar da s respond to such a request.
Executive Summary
1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Proposer and be signed by
same.
2. Proposal Overview. Provide a brief summary describing your firm's, experience and qualifications,staff that will
be assigned to this project,and any other relevant information. (recommend 2-3 pages)
3. Minimum Requirements: Submit verifiable information documenting compliance with the Minimum
Requirements in Section 0100, Paragraph 7.
STAB 2':r'} Project Team
Prime Proposer shall submit a design-build team organizational structure that has a sufficient number of professionals
and other personnel to perform the work,including:
1. Organizational Chart.An organizational chart depicting the structure and lines of authority and communication.
A narrative that describes the intended structure regarding project management, accountability and compliance
with the terms of the RFP.
2. Key Personnel. Identify all key personnel, including the Project Manager, who will be assigned to the Project
and their intended functions and responsibilities. Also indicate the percentage of time commitment of each key
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person on this Project.
3. Resumes. Resumes of the team's key personnel who will be assigned to the Project that demonstrate their
experience and qualifications, education and performance record, At a minimum, the Prime Proposer shall
include the above listed information for the following proposed project team members:
-- - — Design/Build ProjecfManager — — — — -- — —
b. Lead Designer Design Manager
c. Construction Superintendent
4. Evidence Of Prior Working Experience. Submit evidence that the proposed team has successfully
collaborated on prior projects. For each project, submit project name, brief description of project, date of
completion,owner's representative,and owner's representative contact information.
5. Other. Provide any other information the Proposer believes will help the City understand and evaluate the
team's capabilities.
Design/Build Firm (Prime Proposer)Experience&Qualifications
Qualifications of Firm. Describe experience and qualifications of the Prime Respondent in providing the services
detailed herein.
1. Company Information: Provide background information, including company history, years in business, number
of employees,and any other information communicating capabilities and experience. (recommend 1 page)
2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and
qualifications with the services detailed herein. Provide a table that includes the following information: agency
name, project name, type of project (right-of-way, design/build, etc.), percentage completed, anticipated
completion date,your firm's role(i.e.design/build,lead designer,lead constructor).(recommended 1 page)
3. Relevant Experience: Summarize the company's most similar projects of comparable size and scope where
similar services to those described in this RFP have been provided..Projects must illustrate familiarity with all of
the following aspects: underground utility construction, pipe tapping, storm water collection and disposal, and
site concrete work. All projects must demonstrate experience with existing traveled roads where traffic must
have been maintained. Projects must have a minimum of$1,000,000 each. For each project include:
a. Project name and location
b. Project description
c. Date of project completion
d. Awarded contract amount and final contract amount
e. Explanation of differences between awarded and final contract amounts,if difference exceeded 5%
f. If right-of-way improvement, please indicate if it included utility installations,-pavement restoration,and
streetscaping.
g. Indicate firm's role in the project(design/builder,lead designer,or lead constructor).
h. If applicable, a brief description of how the Prime Proposer maintained operations while under
construction.
i. The names of the key project managers, highlighting any individuals who also worked on this project.
j. Reference contact information(including name,address,telephone number and e-mail address).
4. Safety Record: Provide the firm's Experience Modification Rate (EMR) data for the previous three (3) full
calendar years (2011, 2012, and 2013)on a firm-wide basis, which shall be documented by a signed letter with
contact information from the firm's insurance carrier, or the insurance carrier's agency representative.
5. Dun & Bradstreet Supplier Qualifier Report: Design/Build Firm shall pay D&B to send the Supplier Qualifier
Report (SQR) to the City through electronic means yusbelgonzalez @miamibeachfl.gov. The cost of the
preparation of the D&B report shall be the responsibility of the Proposer. The proposer can request the report
19 1 RFP 2015-133-YG
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from D&B at:
https://supplierportal.dnb.com/webapo!wcs/storeslservletJSupplierPortal?storeld=11696
6. Insurance: Provide a letter from Proposers insurer on the insurer company letterhead that the insurer can
provide levels.of-coverage-to_the P_roposer-as-indicated-in Appendix-E=Insurance-Requirements.---—.
7. Minority/Women-owned Business Enterprise (MWBE) or Small/Disadvantaged Business Enterprise
(S/DBE).Submit certification from either The State of Florida Office of Supplier Diversity or Miami Dade County.
• TAB-4 Lead Designer Experience&Qualifications
Qualifications of Firm.Describe experience and qualifications in providing in providing the services detailed herein.
1. Company Information: Provide background information, including company history, years in business, number
of employees,and any other information communicating capabilities and experience. (recommend 1 page)
2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience in
providing the services detailed herein. Provide a table to include the following information:agency name, project
name, type of project, percentage completed, anticipated completion date, your firm's role (i.e. lead designer)
(recommend 1 one page).
3. Florida Registration: Provide evidence of professional registration pursuant to Chapter 287.055, Florida
Statues,the Consultants Competitive Negotiations Act(CCNA).
4. Relevant Experience: Summarize the company's most similar projects in providing the services detailed herein.
Projects must illustrate familiarity with neighborhood/right-of-way related construction. For each project include:
a. Project name and location
b. Project description
c. Date of project completion
d. Awarded contract amount and final contract amount
e. .Explanation of differences between awarded and final contract amounts, if difference exceeded 5%
f. Years project designed(or"Under Design")
g. The names of the key project architects,highlighting any individuals who will also work on this project
h. Reference contact information(including address,telephone number and e-mail address).
Forms
Provide Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and
executed. The Certification, Questionnaire & Requirements Affidavit (Appendix A) must be signed by the Prime
Proposer.
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PHASE II RESPONSE FORMAT(TECHNICAL PROPOSAL)
In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of
responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner
specified below. Hard copy submittals should be bound and tabbed as enumerated below and contain a table of
— contents-with-page-references—Electronic-copies-should-also-be-tabbed-and-contain-a-table of-contents-with-page-- - -
references. Proposers should prepare narratives, specification etc. on 8.5 x 11 paper. All Plans shall be provided
bound flat not in a 3-ring binder with 11"x17"paper containing a title block,drawing titles,dated and numbered. Please
feel free to include other materials,such as covers,appendices, brochures,etc.at your discretion.
Due Diligence and Site Inspections: It is the responsibility of each Proposer, before submitting the Phase II proposal,
to:
• Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or
furnishing of the Work;
• Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and
ordinances that may affect costs, progress,performance,furnishing of the Work,or award;
• Study and carefully correlate Proposers observations with the RFP;and
The submission of a proposal shall constitute an incontrovertible representation by proposer that proposer has
complied with the above requirements and understands all terms and conditions for performance and furnishing of the
Work.
The City reserves the right to require additional information to determine financial capability. Proposer shall have ten
(10)calendar days respond to such a request.
TAB1`x:: Project Technical Proposal
The Technical Proposal shall document team's understanding of the project, major design elements,materials and
methods.The Technical Proposal shall be developed using narratives,tables,charts, plots,drawings and conceptual
sketches as appropriate.The technical proposal shall be insufficient detail to allow the City to evaluate its compliance
with the design criteria package,including major systems and requirements.
_T.AB.2 Subcontractor Experience&Qualifications
Qualifications of Key Subcontractors. For each key construction subcontractor (whose value of work exceeds
$500,000)describe experience and qualifications as detailed below.
1. Company Information: Provide background information, including company history, years in business, number
of employees,and any other information communicating capabilities and experience. (recommend 1-2 pages)
2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and
qualifications with the Services detailed herein. Provide a table that includes the following information: agency
name, project name,type of project right-of-way,design/build,etc.),work assigned.(recommended 1 page)
3. Relevant Experience: Summarize five(5)of the company's most similar projects of comparable size and scope
where similar construction services have been provided. Please list similar sanitary sewer force main projects
first followed by other relevant project experience. Projects must illustrate familiarity with: traffic control,
maintenance of access for pedestrians to businesses or residences, underground utility construction, erosion
control and storm water pollution prevention measures, drainage collection and/or disposal system, irrigation
systems,and landscape planting (recommend 1 page per project) For each project include:
a. Project name and location
b. Project description
c. Date of project completion
d. Reference contact information
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TAB 3 Approach&Methodology Plan
Proposer shall,at a minimum,address the following factors:
1. The Proposer shall illustrate complete understanding of the scope of work for all components of the project. The
narrative shall address methodology, sequencing, maintenance of traffic(MOT) and phasing of the various work
efforts. — — — — — — — — — — -- —— —2. The Proposer shall describe the efforts involved in coordinating with all utilities including but not limited to Florida
Power and Light(FPL),AT&T and Atlantic Broadband(ABB).
3. Proposer shall clearly detail and present its approach to all required permitting issues, induding but not limited
to,water distribution system,stormwater drainage system,street lighting system,landscaping etc., relative to the
applicable agency(ies)and entity(ies), e.g. City of Miami Beach, SFWMD, FDOT, FDEP, USACOE, Miami-Dade
County RER, Fl. Dept.of Health,etc. — -- -- —4. 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.
5. Proposer must perform at least sixty percent(60%)of the construction work with the firm's own forces.
6. Proposer shall provide summary narrative inclusive of the proposer's project understanding, scheduling including
key performance and success factors, and the proposed design and construction approach which highlights the
main attributes and benefits of this approach.
7. Proposer shall describe the technical approach, and provide calculations and drawings as applicable, to
sufficiently demonstrate the following:
a. Typical plan and profile of neighborhood streets,roadway cross sections.
b. Anticipated utility or structure relocations, if required.
c. Planned supplementary geotechnical investigations,or environmental/contamination surveys/assessments
by the proposer to support or validate the proposer's design approach, if any.
8. Proposer shall describe the project schedule approach utilizing the Critical Path Method
a. Schedule shall utilize calendar days,
b. Weekend and City Holidays shall not be considered work days
9. Proposer shall describe the planned environmental quality management approach by demonstrating the
following:
a. Approach to minimize community impacts from,construction noise,dust and vibration.
b. Correcting any resultant settlement and/or damage to any existing structures that are a consequence of
the Proposer's construction activities.
c. Prevention or containment of any discharges from the existing force main during taping, or any other work
performed in,on,or around the existing force main.
d. Pre-treatment of construction water prior to disposal to ensure compliance with permit requirements.
10. It is the objective of the City that, at a minimum, 60% of the construction portion of the project defined herein
shall be performed directly by the Prime Contractor (rather than through sub-contractors). To evaluate
compliance with this objective, proposers shall submit a schedule, by Construction Specification Institute (CSI)
Division, denoting which sections of the scope shall be performed directly by the Prime Contractor(with its own
forces)and which sections are intended to be subcontracted.
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11. Describe plan on how construction staging areas, pedestrian paths,vehicular traffic patterns,etc.will be handled
in order to mitigate disruption.
TAB 4 Project Schedule
The Proposer shall submit a Preliminary CPM Project Schedule covering the period from NTP to Final Completion
with the submittal which will be the initial Project Baseline Schedule. The Preliminary Project Schedule shall include
all major design, permitting, procurement and construction,testing and commissioning activities and meet the stated
Contract Dates and any other suggested major milestones. Activities shall indicate their associated phasing and
dependence with other activities, and highlight the main, 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:
Design Schedule&Submittals
Design Phase Reviews by the City—Assume 4 weeks
Community Involvement
Permitting
Utility Coordination/Relocation
Start and completion of Construction,Testing and Commissioning
Substantial Completion and Final Completion Dates for all Work.
TAB 5 Lump Sum Price
Submit a Lump Sum Price for delivering the completed Project consistent with the Design Criteria Package. Utilize
Appendix D—Cost Tender Form to submit your Lump Sum Price.
•
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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.
• 2. 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
Remainder of Page Intentionally Left Blank
24 1 RFP 2015-133-YG
MIA,MIBEACH
CITY OF MIAMI BEACH
REQUEST FOR PROPOSALS(RFP)No.2015-133-YG
DESIGN/BUILDSERVICES FOR NEIGHBORHOOD NO.8:CENTRAL BAYSHOR E SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
Note: The Proposer shall obtain and pay for all permits required for execution of the work; provided
however,that the City will waive Public Works Department Right-of-Way permit fees.
PERMITS
I. MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES(RER)
(formerly DERM).
• Class II Surface Water Permit
• Class V Dewatering Permit
• Drainage Well Permit
• File Notice of commencement with SFWMD and RER
II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(FDEP)
• Notice of Intent to Use Generic Permit for Storm Water Discharge from Large and Small
Construction Activities
• National Pollutant Discharge Elimination System(NPDES) permit
III. MIAMI-DADE TRAFFIC ENGINEERING DEPARTMENT
IV. MIAMI-DADE WATER AND SEWER DEPARTMENT(WASD)
V. FLORIDA POWER AND LIGHT(FPL)
VI. CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENT
• ROW Permit-Fee to be waived.
• Building Department-Plumbing,Structural, Electrical-Fees to be waived with the exception of
Dade County fees
• Notice of Commencement Permit
VII. SOUTH FLORIDA WATER MANAGEMENT DISTRICT(SFWMD)
Remainder of Page Intentionally Left Blank
25 RFP 2015-133-YG
APPENDIX A
MIAMI BEACH
Proposal Certification ,
Questionnaire &
Requirements Affidavit
REQUEST FOR PROPOSALS ( RFP)
No . 2015- 133-YG
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 33139
26 1 RFP 2015-133-YG
Solicitation No: Solicitation Title:
2015-133-YG REQUEST FOR PROPOSALS (RFP) No. 2015-133-YG DESIGN/BUILD
SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS
Procurement Contact: Tel: Email:
Yusbel Gonzalez 305-673-7000 Ext.6230 yusbelgonzalez @miamibeachfl.gov
PROPOSAL—CERTIFICATION,QUESTIONNAIRE 3 REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of
certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of
responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal
Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proposer Information.
FIRM NAME: No of Employees:
No of Years in Business: No of Years in Business Locally:
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS(HEADQUARTERS):
CITY:
STATE: ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE: ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information,financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
27 RFP 2015-133-YG
1. Veteran Owned Business. Is Proposer claiming a veteran owned business status?
YES NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of
Florida or United States federal government, as required pursuant to ordinance 2011-3748.
_ _ _ __ _ __2. _ __ Conflict Of Interest._All Proposers-must-disclose, in-their Proposal, the name(s) of-any-officer,, director,-agent,—or---- ---
. immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach.
Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest
of ten (10%) percent or more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate
family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers
must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the Proposer entity or any of its affiliates
3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has
completed work similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2)
Contact Individual Name &Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services
Provided.
4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to non- erformance by any public sector agency?
YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons
that led to action(s).
5. Vendor Campaign Contributions. Proposers are expected to be or become familiar' with, the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the
event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest
indicate whether or not each individual or entity has 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.
6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a
minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among
others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of
Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/.
7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time,
Proposers shall be required to pay all employees who-provide-services pursuant to-this Agreement, the hourly living
wage rates listed below:
28 RFP 2015-133-YG
• Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be$11.28/hr
with health benefits,and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent-(3%).The-City--may-also,-by-resolution,-elect-not--to-index-the-living-wage-rate-in-any-particular—year; if-it----- --
determines it would not be fiscally sound to implement same(in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the
City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on
the Living Wage requirement is available at www.miamibeachfl.gov/procurement/.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees to the living wage requirement.
8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees
on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires 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. The Ordinance 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.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
YES NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic
partners*or to domestic partners of employees?
YES NO
C. Please check all benefits that apply to your answers above and list in the "other' section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
BENEFIT Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health
Sick Leave
Family Medical
Leave
Bereavement -
Leave
If Proposer cannot offer a benefit to domestic partners 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 and submit a completed
Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures
Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the
City Manager's decision is final. Further information on the Equal Benefits requirement is available at
www.miamibeachfl.gov/procurement/.
29 RFP 2015-133-YG
9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,
states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a proposal, Proposal, or reply on a contract to provide any goods or services to a public
entity;may not submit a proposal, Proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit proposals, Proposals, or replies on leases of real property to a public
entity;_may_not_be_awarded_or_perform_work-as_a_contractor,_supplier,_subcontractor,_or_consultant_under a contract__— __
with any public entity; and may not transact business with any public entity in excess of the threshold amount provided
in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on
convicted vendor list.
10. Have you ever failed to com lete any work awarded to you? If so,where and why?
YES NO
SUBMITTAL REQUIREMENT: If yes, submit information on project, agency, agency contact and reason why
contractor failed to complete work.
11. Has a surety company ever intervened to assist a governmental agency or other client of the proposer in completing
work that the proposer failed to complete?
YES NO
SUBMITTAL REQUIREMENT: If yes, submit 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.
12. Bankruptcy. Has the Proposer filed any 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 etition.
YES NO
SUBMITTAL REQUIREMENT: If yes, 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.
13. Litigation History. Has Proposer or any principal or employee of the Proposer (relating to professional endeavors
only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the
Proposer or its predecessor or anization(s)durin the last five(5)years.
•
YES NO
SUBMITTAL REQUIREMENT: If yes, list 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.
14. 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
SUBMITTAL REQUIREMENT: If yes, list the specific cases and the charging agency.
.
30 30 RFP 2015 133 YG
15. Principals. 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.
16. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which_may_provide additional information-to Proposers or alter solicitation requirements. The City-will strive– -- --- —
to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum
released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in Proposal disqualification.
Initial to Initial to Initial to
Confirm Confirm Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum
11
Addendum 2 Addendum 7 Addendum
12
Addendum 3 Addendum 8 Addendum
13
Addendum 4 Addendum 9 Addendum
14
Addendum 5 Addendum Addendum
10 15
If additional confirmation of addendum is required,submit under separate cover.
Remainder of Page Intentionally Left Blank.
31 1 RFP 2015-133-YG
DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
—_—_
In its sole discretion,_the_City_may_withdraw_the_solicitation_either_before_or_after_receiving_Proposals,_may_accept_or_reject_Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors,shareholders, partners and employees,as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval.
The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be
made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance
only,and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information,and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
—
32 RFP 2015 133 YG
PROPOSER CERTIFICATIQN
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged,
discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any
other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposers Authorized Representative: I Title of Proposers Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
33 RFP 2015-133-YG
APPENDIX B
MAMI BEA
CH
" No Bid " Form
REQUEST FOR PROPOSALS ( RFP)
No. 2015- 133-YG
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 33139
91e ,r,far atrf or'fFtose''verts wtpa..tt e " etvemanoti,catr ro,�fhrssot�ertcr�ron
deer ' ca1To respo tad to c€��npte a_s stiub n�foie tfache "eta rrW4.
Br® "$jThernent ott Io Brcl�'.pco,vt test to C" witf,jt rnfa tafr a� r'° how24fo,r rprove
`gisatio aftort e ce ar ure'forsu• t :'.`Stafe tent ofd s Bic'4" Alt in abfioetn s
atZ b.,t
34 1 RFP 2015-133-YG
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
Workload does not allow us to proposal
_Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
_Unable to meet service requirements
Unable to meet insurance requirements
Do not offer this product/service
_OTHER. (Please specify)
We do_do not_want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure o respond,
t by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT
PROPOSAL#2015-133-YG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
------35 1 RFP 2015-133-YG.________.V.__.__._-__._..---__—__...____.__�----------- --._-----------
APPENDIX C
MAMI B
Cost Tender Form
(SAMPLE ONLY)
Actual Cost Tender Form shall be provided to short-listed firms
at the conclusion of Phase I Evaluation.
REQUEST FOR PROPOSALS ( RFP)
No. 2015- 133-YG
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 33139
36 1 RFP 2015-133-YG
APPENDIX D — COST TENDER FORM
Section 1 — Certification. 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. 2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
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.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
Section 2 — LUMP SUM PRICE - SAMPLE
REQUEST FOR PROPOSALS (RFP)
No. 2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
--RIGHT=OF=WAY-INFRASTRUCTURE IMPROVEMENTSFURTHER BREAKDOWN OF LINE—
ITEMS INDICATED MAY BE PROVIDED,AT THE DISCRETION OF THE PROPOSER
F� , 1i 1I ���esrf~tnI�� tots b Il�rr Cv1oi �� oo
1 , ,.., . .... . ,
1 Professional Services
2 General Conditions
3 Pavement and Streetscape Construction
4 Water and Sewer Construction
5 Stormwater Collection and Disposal Facility Construction
6 Allowance: Permit Fees $50,000.00
7 Consideration for Indemnification of City $25.00
8 Cost for compliance to all Federal and State requirements $25.00
of the Trench Safety Act . .
Grand Total
(numerical value)
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED
PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE.
WRITTEN TOTAL:
PROPOSER (Print):
ADDRESS:
CITY/STATE: ZIP:
FEDERAL I.D. #:
NAME/TITLE OF REPRESENTATIVE (Print):
SIGNED:
(I certify that I am authorized to execute this proposal and commit the proposing firm)
38 ~RFP 2015-133-YG -- -----.__. ...—.-------------------- _._-------
APPENDIX D
MIAMI BEACH
Insurance Requirements
REQUEST FOR PROPOSALS ( RFP)
No. 2015- 133-YG
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 33139
39 RFP 2015-133-YG
M AAA ! BEACH
INSURANCE REQUIREMENTS
-- — — This-document sets forth the minimum levels-of-insurance-that the-contractor is required -- —— -- — -- -
to maintain throughout the term of the contract and any renewal periods.
The contractor shall furnish to Department of Procurement, 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 coverage required above shall include a Waiver of Subrogation in favor of the City of Miami
Beach.
The insurance coverage required shall include those 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
VII" 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.
40 RFP 2015-133-YG
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 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.
The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to
the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
-711 R FP 2015-133-YG
APPENDIX E
MIAMI BEACH
Required Forms
REQUEST FOR PROPOSALS ( RFP)
No. 2015- 133-Y G
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 33139
42 1 RFP 2015-133-YG
FORM 00520. SUPPLEMENT TO PROPOSAL TENDER FORM NON-COLLUSION
CERTI FICATE
•
Submitted this day of , 20 .
--The Undersigned,as Proposer,declares that-the only persons interesteddin 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 2015-133-YG.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
—4-31 RFP 2015-133-YG
FORM 00530. DRUG FREE WORKPLACE CERTIFICATION
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
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1) through (6).
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
44 RFP 2015-133-YG
FORM 00540. SUPPLEMENT TO PROPOSAL TENDER FORM TRENCH SAFETY
ACT
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 tandards, 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:
Description Quantity U/M Unit Price Extended
Price
Total
(Attach lines as necessary.)
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
45 RFP 2015-133-YG
APPENDIX F
MIAMI BEACH
Sample Contract
REQUEST FOR PROPOSALS ( RFP)
No. 2015- 133-YG
DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 33139
46 + RFP 2015-133-YG
DESIGN/BUILD AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
FOR
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS
Resolution No.
SAMPLE CONTRACT WILL BE PROVIDED
VIA ADDENDUM DURING PHASE II