Contract with Waypoint Contracting Inc. C)
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CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal
corporation of the State of Florida ("City"), and Waypoint Contracting Inc. ("Contractor").
WITNESS ET H, that Contractor:and City, for the considerations hereinafter named,
agree as follows:
ARTICLE 1
SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the Work described in the Contract Documents, including
Exhibit D-Supplemental Terms and Conditions, and any Contractor Service Order issued to
Contractor for any Project hereunder, and shall perform all Work in accordance with the
requirements of the Contract Documents, for the following categories:
Building Contractor Demolition
Drywall Gypsum Drywall Installer
Gypsum Drywall Finisher Lathing and Plastering
ARTICLE 2
CONTRACT TIME
2:1 This contract shall remain in effect for three (3) years from date of contract execution by
the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract,
at the sole discretion of the City Manager, for two (2) renewal periods of one (1) year
each.
2.2 Contractor shall commence the Work upon written notice to proceed in the form of a
Purchase Order issued by the City, and a Contractor Service Order signed by either the
City Manager or the Department Director when ordering the Work pursuant to section
3.2 of this Contract, specifying the specific tasks to be performed by the Contractor for
any: Project. A separateContractor Service Order shall be required prior to
commencement of any Work on any Project only when ordered pursuant to
section 3.2 of this Contract.
A Contractor Service Order shall not be required when Work is ordered pursuant
to section 3.1 of this Contract. Contractor shall commence scheduling activities,
permit applications and other preconstruction work within five (5) calendar days after
receipt of Purchase Order, which date shall establish the Project Initiation Date. The
Purchase Order will not be issued until Contractor's submission to City of all required
documents (including but limited to: Payment and Performance Bonds, and Insurance
Certificate) and after execution of the Contract by both parties. Contractor shall have no
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entitlement to perform (orbe compensated for) any Work under this Agreement, unless
such Work is authorized, at the City's sole discretion, by a Contractor Service Order.
2.2.1. The receipt of all necessary permits by Contractor and acceptance of the full
progress schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to mobilize
on any Project site and commence with physical construction of the Work.
2.3 Time is of the essence throughout this Contract. Unless otherwise specified in a
Contractor Service Order, any project awarded to the Contractor pursuant to this
Agreement shall be substantially completed within thirty (30) calendar days from the
issuance of the City-approved Contractor Service Order ("Contractor Service Order") or
accompanying Purchase Order (whichever is later), or as otherwise specified in the
Contractor Service Order, and completed and ready for final payment in accordance with
Article 5 within thirty (30) calendar days from the date determined by Consultant or the
City as the date of Substantial Completion.
2.4 Unless otherwise specified in a Contractor Service Order for any particular Project, upon
failure of Contractor.to substantially complete the Work within the time specified for
Substantial Completion in any Contractor Service Order, plus any approved time
extensions, Contractor shall pay to City the sum of one hundred dollars ($100.00) for
each calendar day of delay in achieving Substantial Completion. Contractor
acknowledges and agrees that the foregoing amounts are not penalties but are
liquidated damages to City for its inability to obtain full beneficial occupancy and/or use
of the Project. Unless otherwise specified in a Contractor Service Order, liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by
City as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure
of Contractor to complete the Contract on time.
2.5 City is authorized to deduct liquidated damages from monies due to Contractor for the
Work under this Contract or as much thereof as City may, in its sole discretion, deem
just and reasonable.
ARTICLE 3
ASSIGNMENT OF WORK AND COMPENSATION
In consideration of the Work to be provided hereunder, Contractor shall be compensated
on Time and Materialbasis or as a Lump Sum basis, as specified in the Contractor Service
Order.
3.1 TIME AND MATERIAL BASIS
The City may award work on a time and materials basis in accordance with hourly rates
offered. The Project Manager shall select the contractor deemed to be best qualified for
the project. In doing so, the criteria specified in Section 2-369 of the City Code may be
considered. In the event that the contractor with the lowest cost is not selected, the
reason(s) shall be documented on the purchase requisition.
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3.1.1 For parts and materials ordered under this option, vendors shall provide quotes
or invoice, as determined by the Contract Manager, based on the cost of parts
and materials plus theagreed to mark-up. In determining cost of materials to
which the mark-up may be applied, the contracting officer may require the
vendor to provide actual cost of parts and materials (i.e. contractor's invoice,
MSRP, etc.),
3.2 LUMP SUM BASIS
In lieu of a time and materials order, the project/contract manager may request quotes
from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive,
responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified
Bidder Pool, at,the discretion of the bidder and as indicated on the Cost Proposal Form
at the time of submission. At,its own expense, the contractor shall visit the site and
prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other
costs. Each quote prepared by the contractor shall include an acceptable description of
the nature, extent and character of the work required, as well as performance and
delivery schedules. In the alternative, project managers may require an itemized
breakdown of the lump sum amounts.
3.2.1 For projects with an estimated cost up to the amount specified in City
Procedure P016.02, Threshold Category 2 (currently $10,000 or as amended),
the project/contract manager may select the contractor deemed to be best
qualified.
3.2.2 For projects with an estimated cost exceeding the amount specified in City
Procedure P016.02, Threshold Category 2 (currently $10,000 or as amended),
the project/contract manager shall solicit three quotes. Following the
determination of the best quote, in the Department's Director sole discretion, a
Contractor Service Order shall be executed for the project, (see section 2.3),
prior to issuing a Purchase Order. The City Manager's approval, along with a
justification, is also required when the contractor offering the lowest cost is not
selected.
3.2.3 For projects $50,000 or greater, the City Manager's approval is required and a
Contractor Service Order shall be executed for the project. The City Manager's
approval, along with a justification, is also required when the contractor offering
the lowest cost is not selected.
3.2.4 Contractor shall be instructed to commence the Work by written instructions as
further detailed in Section 2.3. Contractor shall commence scheduling
activities, permit applications and other preconstruction work within five (5)
calendar days after receipt of Purchase Order, which date shall establish the
Project Initiation Date.
3.3 PERFORMANCE AND PAYMENT BOND
The City will require a performance and payment bond for any project in excess of
$200,000. Within ten (10) calendar days of City execution of the Contractor Service
Order, Contractor shall furnish a Performance Bond and a Payment Bond containing all
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the provisions of the Performance Bond and Payment Bond attached hereto as forms
00710 and 00720.
3.3.1 Each Bond shall be in the amount sof one hundred percent (100%) of the
Contractor Service Order, guaranteeing to City the completion and performance
of the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond shall
be with a surety company which is qualified pursuant to Section 3.4.
3.3.2 Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%) of the
project sum, or an additional bond shall be conditioned that Contractor will, upon
notification by City, correct any defective or faulty work or materials which appear
within one year after Final Completion of the project. ,
3.3.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may
be amended from time to time, Contractor shall ensure that the bond(s)
referenced above shall be recorded in the public records of Miami-Dade County
and provide City with evidence of such recording.
3.3.4 Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish
alternate forms of security which may be in the form of cash, money order,
certified check, cashier's check or unconditional letter of credit in a form
acceptable to the City. Such alternate forms of security shall be subject to the
prior approval of City and for same purpose and shall be subject to the same
conditions as those applicable above and shall be held by City for one year after
completion and acceptance of the Work.
3.4 QUALIFICATION OF SURETY
3.4.1. Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety; having a resident
agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
3.4.2. The surety company shall hold a current certificate of authority as acceptable
surety on federal bonds in accordance with United States Department of
Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the
underwriting limitation set forth in the circular, in order to qualify, the net retention
of the surety company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance, reinsurance, or other
methods in accordance with Treasury Circular 297, revised September 1, 1978
(31 DFR Section 223.10, Section 223.111). Further, the surety company shall
provide City with evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
3.4.3. The City will accept a surety bond from a company with a rating of B+ or better
for bonds up to $2 million, provided, however, that if any surety company
appears on the watch list that is published quarterly by Intercom of the Office of
the Florida Insurance Commissioner, the City shall review and either accept or
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reject the surety company based on the financial information available to the City.
A surety company that is rejected by the City may be substituted by the Bidder or
proposer with a surety company acceptable to the City, only if the bid amount
does not increase. The following setsforth, in general, the acceptable
parameters for bonds:
Policy- Financial holder's Size
Amount of Bond Ratings Category
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
3.5. The City may accept a Bid Bond, Performance Bond and Payment Bond from a surety
company that is in compliance with the provisions of the Florida Insurance Code, and if
the surety company holds a currently valid certificate of authority issued by the United
States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United
States Code, as may be amended from time to time.
3.6. More stringent requirements of any grantor agency are set forth within
theSupplementalConditions. If there are no more stringent requirements, the provisions
of this section shall apply.
ARTICLE 4
PROGRESS PAYMENTS
4.0 Contractor may make Application for Payment for work completed during the Project at
intervals of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount due,
together with such supporting evidence as may be required by Consultant. Contractor
shall include, but same shall be limited to, at Consultant's discretion, with each
Application for Payment, an updated progress schedule acceptable to Consultant as
required by the Contract Documents and a release of liens and consent of surety relative
to the work which is the subject of the Application. Each Application for Payment shall be
submitted in triplicate to Consultant for approval. Upon submission of an acceptable
updated progress schedule and the other documents required herein along with the
application for payment, City shall make payment to Contractor with respect to approved
Applications for Payment, less retainage as herein provided for and/or withholding of any
other amounts pursuant to the Contract Documents, within twenty-five (25) days in
accordance with Section 218.735 of the Florida Statutes.
4.1 At the City's discretion, if specified in a Contractor Service Order, ten percent (10%) of
all monies earned by Contractor may be retained by City until Final Completion and
acceptance by City in accordance with Article 5 hereof, except that after fifty percent
(50%) of the Work has been completed, the Contract Administrator shall reduce the
retainage to five percent (5%) of all monies previously earned and all monies earned
thereafter. Any additional reduction in retainage shall be in the sole discretion of the City
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Manager or applicable Department Director provided that Contractor shall have no
entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit
of City. All requests for retainage reduction in writing in a separate stand-alone
document from monthly applications for payment.
4.2 City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
4.2.1 Defective work not remedied.
4.2:2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
4.2.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
4.2.4 Damage to another contractor not remedied.
4.2.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
4.2.6 Failure of Contractor to provide any and all documents required by the Contract
Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection
and acceptance, City shall, within ten (10) calendar days, make an inspection thereof. If
City and Contract Administrator find the Work acceptable, the requisite documents have
been submitted and the requirements of the Contract Documents fully satisfied, and all
conditions(of the permits and regulatory agencies have been met, a final payment shall
be made by the City. The acceptance of final payment shall constitute a waiver of all
claims by Contractor, except those previously made in strict accordance with the
provisions of the General Conditions and identified by Contractor as unsettled at the time
of the application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 A. The term "Contract Documents" as referenced herein shall include "Contract
Documents" shall mean this Contract (together with all exhibits, addenda, Contractor
Service Orders and written amendments issued thereto), and all Design Documents and
Construction Documents. The Contract Documents shall also include, without limitation
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(together with all exhibits, addenda, and written amendments issued thereto), the
Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, surety payment bond
and performance bond, Special Conditions, and Contractor's response to the ITB. The
requirements of the Contract Documents, as such term is defined herein, are hereby
incorporated by reference as if fully set forth herein. This Contract is part of, and
incorporated in, the Contract Documents. Accordingly, all of the documents
incorporated by the Contract Documents shall govern any Contractor Service Order
issued under this Contract.
B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies,
tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and
conditions thereof, 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 services that are necessary or appropriate for the,
total construction, installation, and functioning of the Project specified in any Contractor
Service Order, 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.
C. Contractor shall have no entitlement to perform any services hereunder, or to be
compensated for any services, unless set forth in a written Purchase Order or Contractor
Service Order.
6.2 Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent provision elsewhere in the Contract Documents or under any
applicable law, regulation, statute or code requirement which is applicable to this Project,
the more stringent provision shall prevail and govern the performance of the Work.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid
on a contract to provide any goods or services to the City, may not submit a bid on a
contract with the City for the construction or repair of a public building or public work,
may not submit bids on leases of real property to the City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
the City, and may not transact any business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for category two purchases for a
period of 36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the City purchase and may
result in Contractor debarment.
6.4 Independent Contractor
Contractor is an independent contractor under this Contract. Services provided by
Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In
providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
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6.5 Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified.
The place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties designate the
following:
For City:
Property Management Department
1833 Bay Road 2nd Floor
Miami Beach, Florida 33139
Attn: Adrian Morales, Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Waypoint Contracting Inc.
1324 NW 29 Street
Miami, FL. 33142
Attn: Katrina Gonzalez
Phone: 786-608-1406
Email: kgonzalez a_waypointci.com
6.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any portion of
the work required by this Contract except as authorized by Section 28 of the General
Conditions. Contractor represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience, education, or
a combination thereof, to adequately and competently perform the duties, obligations,
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and services set forth in the Scope of Work and to provide and perform such services to
City's satisfaction for the agreed compensation.
Contractor shall perform its duties, obligations, and services under this Contract in a
skillful and respectable manner. The quality of Contractor's performance and all interim
and final product(s) provided to or on behalf of City shall be comparable to the best local
and national standards.
6.8 Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Contract and,
therefore, is a material term hereof.
City's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Contract, Contractor and City hereby
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. Contractor shall specifically bind
all subcontractors to the provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless. contained in a written document prepared with the same or
similar formality as this Contract and executed by the City and Contractor.
6.12 Prior Agreements
This document incorporates and includes all prior, negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree 'that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
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written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance
with Section 6.11 above.
6.13 Indemnification
Contractor shall indemnify, defend and hold harmless City, its officers, agents, directors,
and employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by
Contractor in the performance of this Agreement. Except as specifically provided herein,
this Agreement does not require Contractor to indemnify City, its employees, officers,
directors, or agents from any liability, damage, loss, claim, action, or proceeding. These
indemnifications shall survive the term of this Agreement. In the event that any action or
proceeding is brought against City by reason of any such claim or demand, Contractor
shall, upon written notice from City, resist and defend such action or proceeding by
counsel satisfactory to City.
The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions
of every name and description covered by Section 6.1 above which may be brought
against City whether performed by Contractor , or persons employed or utilized by
Contractor.
6.14 Inspection of Work
Consultant and City shall at all times have access to the Work, and Contractor shall
provide proper facilities for such access and for inspecting, measuring and testing.
6.14.1 Should the Contract Documents, Consultant's instructions, any laws, ordinances,
or any public authority require any of the Work to be specially tested or approved,
Contractor shall give Consultant timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority other than City,
timely notice shall be given of the date fixed for such testing. Testing shall be
made promptly, and, where practicable, at the source of supply. If any of the
Work should be covered up without approval or consent of Consultant, it must, if
required by Consultant, be uncovered for examination and properly restored at
Contractor's expense.
6.14.2 Re-examination of any of the Work may be ordered by Consultant with prior
written approval by the Contract Administrator, and if so ordered, the Work must
be uncovered by Contractor. If such Work is found to be in accordance with the
Contract Documents, City shall pay the cost of reexamination and replacement
by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of, the Contract Documents or to delay the Contract by failure to inspect the
materials and work with reasonable promptness without the written permission or
instruction of Consultant.
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The payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by Contractor to any inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute
a breach of this Contract.
6.15 Termination
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 Contractor. The City shall effectuate such Termination for Convenience by
delivering to the Contractor a Notice of Termination for Convenience, specifying the
applicable scope and effective date of termination, which termination shall be deemed
operative as of the effective date specified therein without any further written notices
from the City required. Such Termination for Convenience shall not be deemed a
breach of the Agreement, and may be issued by the City with or without cause.
6.15.1 Upon receipt of such Notice of Termination for Convenience from the City, and
except as otherwise directed by the City, the Contractor shall immediately
proceed with the following obligations, regardless of any delay in determining or
adjusting any amounts due under this Section 6.15:
i. Stop the Work specified as terminated in the Notice of Termination for
Convenience;
ii. Promptly notify all Subcontractors of such termination, cancel all
contracts and purchase orders to the extent they relate to the Work
terminated to the fullest extent possible and take such other actions
as are necessary to minimize demobilization and termination costs for
such cancellations;
iii. Immediately deliver to the City all Project records, in their
original/native electronic format (i.e. CAD, Word, Excel, etc.), any and
all other unfinished documents, and any and all warranties and
guaranties for Work, equipment or materials already installed or
purchased;
iv. If specifically directed by the City in writing, assign to the City all right,
title and interest of Contractor under any contract, subcontract and/or
purchase order, in which case the City shall have the right and
obligation to settle or to pay any outstanding claims arising from said
contracts, subcontracts or purchase orders;
v. Place no further subcontracts or purchase orders for materials,
services, or facilities, except as necessary to complete the portion of
the Work not terminated (if any) under the Notice of Termination for
Convenience;
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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 Contractor's
possession and in which the City has or may acquire an interest; and
ix. Complete performance of the Work not terminated (if any).
6.15.2 Upon issuance of such Notice of Termination for Convenience, the Contractor
shall only be entitled to payment for the Work satisfactorily performed up until the
date of its receipt of such Notice of Termination for Convenience, but no later
than the effective date specified therein. Payment for the Work satisfactorily
performed shall be determined by the City in good faith, in accordance with the
percent completion of the Work, less all amounts previously paid to the
Contractor in approved Applications for Payment, the reasonable costs of
demobilization and reasonable costs, if any, for canceling contracts and
purchase orders with Subcontractors to the extent such costs are not reasonably
avoidable by the Contractor.
Contractor shall submit, for the City's review and consideration, a final
termination payment proposal with substantiating documentation, including an
updated Schedule of Values, within 30 days of the effective date of termination,
unless extended in writing by the City upon request. Such termination amount
shall be mutually agreed upon by the City and the Contractor and absent such
agreement, the City shall, no less than fifteen (15) days prior to making final
payment, provide the Contractor with written notice of the amount the City
intends to pay to the Contractor. Such final payment so made to the Contractor
shall be in full and final settlement for Work performed under this Agreement,
except to the extent the Contractor disputes such amount in a written notice
delivered to and received by the City prior to the City's tendering such final
payment.
6.16 Termination of Agreement For Cause.
The City, through the City Manager, may terminate this Agreement for cause, upon
written notice to Contractor, in the event that the Contractor (1) violates any provision of
this Agreement or performs same in bad faith; (2) unreasonably delays the performance
of the Work or any portion thereof; or (3) does not perform the Work or any portion
thereof in a timely and satisfactory manner. In the case of termination for cause by the
City, the Contractor shall first be granted a fifteen (15) day cure period (commencing
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upon receipt of the initial written notice of default from the City). The following
occurrences shall be deemed sufficient grounds for termination for cause:
6.16.1. Failingto make payments to Subcontractors or Suppliers for materials or labor in
accordance with the respective Subcontracts and Purchase Orders;
6.16.2. Failing to perform any portion of the Work in a manner consistent with the
requirements of the Contract Documents or within the time required therein;
6.16.3. 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 Work
within the specified time;
6.16.4. 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;
6.16.5.A custodian, trustee or receiver is appointed for the Contractor, or the
Contractor becomes insolvent or bankrupt, is generally not paying its debts as
they become due or makes an assignment for the benefit of creditors, or the
Contractor causes or suffers an order for relief to be entered with respect to it
under applicable Federal bankruptcylaw or applies for or consents to the
appointment of a custodian, trustee or receiver for the Contractor, or
bankruptcy, reorganization, arrangement or insolvency proceedings, or other
proceedings for relief under any bankruptcy or similar law or laws for the relief
of debtors, are instituted by or against the Contractor;
6.16.6.An indictment is issued against the Contractor;
6.16.7. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
6.16.8. Fraud, misrepresentation or material misstatement.by Contractor in the course of
obtaining this Agreement;
6.16.9. Failing to comply in any material respect with any of the terms of this Agreement or
the other Contract Documents.
Upon the issuance of a Notice of Termination for Cause, the Contractor shall:
i. Immediately deliver to the City all Submittals and Project-related records
in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any
and all other unfinished documents, and any and all warranties and
guaranties for Work, equipment or materials already installed or
purchased;
ii. If specifically directed by the City in writing, assign to the City all right,
title and interest of Contractor under any contract, subcontract and/or
purchase order, in which case the City shall have the right and
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 13
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 property related to this
Agreement that is in the Contractor's possession and in which the City
has or may acquire an interest.
The rights and remedies of the City under this Section shall apply to all defaults 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. The City reserves the right, in
lieu of termination as set forth herein, to withhold any payments of money which may be
due or become due to the Contractor until said defaults have been remedied. In no
event shall Contractor be entitled to any compensation for anticipatory profits or
consequential damages as a result of the discontinuance of any portion of the Work, or
termination of this Contract. In the event it is determined, for any reason, that Contractor
was not in default under the provisions of this Section, then the City's notice of
termination for default shall automatically be treated as a termination for convenience,
and the rights and obligations of the City and Contractor shall be
the same as if the notice of termination had been issued pursuant to the termination for
convenience clause contained in Section 6.15. The Contractor shall have nofurther
recourse of any nature against the City for any wrongful termination.
6.17 Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
[Remainder of Page Intentionally Left Blank]
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 14
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
ATTEST: THE CITY OF MIAMI BEACH
City CI7f /ic7t
Mayor —!'4•\
Attest: WAYPOINT CONTRACTING INC.
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Signature/Secretary Signature/President
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Print Name Print.Name
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ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 15
EXHIBIT A
CONTRACTOR SERVICE ORDER
FOR PROJECTS AWARDED PURSUANT TO SECTION 3.2
Contractor Service Order No.
TO:
PROJECT NAME: Project Name
DATE: ,
SCOPE OF SERVICES:
Per attached proposal dated , to be considered part of this Agreement.
Estimated_calendar days to complete this work: Days
Original Service Order Amount: $
Change Order_to Service Order Amount:
(ALL CHANGE ORDERS MUST BE APPROVED IN WRITING $
BY THE CITY PRIOR TO THE WORK.)
Total From Previous Change Orders to Service Orders:
Fee for this Service Order is Lump Sum/Not to Exceed amount $
of:
Total Agreement to.Date: $
City's Project Administrator Date
Department Director Date Contractor. Date
(between$10,000-$50,000)
City Manager Date
(exceeding$50,000)
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 16
MIAMIBEACH 00710
EXHIBIT B: FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami.Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible 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
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 17
00710
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less thea balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 18
00720
EXHIBIT C: FORM OF PAYMENT BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor , and ` , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1)and (2.2) have been given.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 19
00720
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 20
EXHIBIT D TO THE AGREEMENT
FOR TRADES SERVICES PURSUANT TO ITB 2018-124-WG
1. Definitions: Whenever the following terms or pronouns in place of them appear in the
Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Bid: shall refer to any offer(s) submitted in response to this ITB. The terms
"Bid" and "Bid Submittal" are used interchangeably.
1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project,
acting directly or through a duly authorized representative.
1.3 Change Order: A written document ordering a change in the Contract Price or
Contract Time or a material change.
1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which
this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner of a construction project. In the
event City exercises its regulatory authority as a governmental body, the
exercise of such regulatory authority and the enforcement of any rules,
regulations, laws and ordinances shall be deemed to have occurred pursuant
to City's regulatory authority as a governmental body and shall not be
attributable in any manner to City as a party to this Contract.
1.5 City Commission: City Commission shall mean the governing and legislative
body of the City.
1.6 City Manager: City Manager shall mean the Chief Administrative Officer of
the City.
1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional
Engineer that has been contracted by the City to provide professional services
for this project.
1.8 Contract: The part or section of the Contract Documents addressing some of
the rights and duties of the parties hereto, including but not limited to contract
time and liquidated damages.
1.9 Contract Administrator: The City's Contract Administrator shall mean the
individual appointed by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project. The C'ty's Contract Administrator for the Project
shall be the Capital Projects Coordinator.
1.10 Contract Documents: The official documents setting forth bidding
information, requirements and contractual obligations for the project and
includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders,
Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms,
General Conditions, Supplementary Conditions, Plans, Drawings, Addenda,
Award by the City Commission, Bonds, Notice of Award, Notices to Proceed,
Purchase Order(s), Change Order(s), Field Order(s), Supplemental
ITB-2018-124-WG BUILDING&SPECIALTY TRADE C 'NTRACTORS Page 21
Instructions, and any additional . documents the submission of which is
required by the Project.
1.11 Contract Price: The original amount established in the Bid Submittal and
award by the City, as may be amended by Change Order.
1.12 Contract Time: The original time between commencement and completion,
including any milestone dates thereof, established in Article 2 of the Sample
Contract (Appendix E, attached), as may be amended by Change Order.
1.13 Contractor: The person or entity with whom the City has contracted and who
is responsible for the acceptable performance of the Work and for the
payment of all legal debts pertaining to the Work. All references in the
Contract Documents to third parties under contract or control of Contractor
shall be deemed to be a reference to Contractor.
1.14 Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15 Final Completion: The date certified by Consultant in the Final Certificate of
Payment upon which all conditions and requirements of any permits and
regulatory agencies have been satisfied; any documents required by the
Contract Documents have been received by Consultant; any other documents
required to be provided by Contractor have been received by Consultant; and,
to the best of Consultant's knowledge, information, and belief, the Work
defined herein has been fully completed in accordance with the terms and
conditions of the Contract Documents.
1.16 Materials: Materials incorporated in this Project, or used or consumed in the
performance of the Work.
1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
1.18 Plans and/or Drawings: The official graphic representations of this Project
which are a part of the Contract Documents.
1.19 Program Manager: Not applicable.
1.20 Project: The construction project described in the Contract Documents,
including the Work described therein. With a maximum value of $300,000.00
for general construction and $75,000.00 for electrical projects:
1.21 Project Initiation Date: The date upon which the Contract Time commences.
1.22 Resident Project Representative: Not applicable.
1.23 Responsible Bidder: An offeror who has the capability in all respects to
perform fully the contract requirements, and the integrity and reliability which
will assure good faith performance.
1.24 Responsive Bidder: A person or entity who has submitted a bid which
conforms in all material respects to a solicitation. A bid or proposal of a
ITB-2018-124-WG BUILDING.&SPECIALTY TRADE CONTRACTORS Page 22
Responsive Bidder must be submitted on the required forms, which contain all
required information, signatures, notarizations, insurance, bonding, security, or
other mandated requirements by the bid documents to be submitted at the
time of bid opening.
1.25 Subcontractor: A person or entity having a direct contract with Contractor
including one who furnishes material worked to a special design according to
the Contract Documents, but does not include one who merely furnishes
Materials not so worked.
1.26 Substantial Completion: The date certified in writing by Consultant, and as
fully determined by the Contract Administrator in his/her sole discretion the
work, or a portion thereof, is at a level of completion in substantial compliance
with the Contract Documents such that all conditions and requirements of
permits and regulatory agencies have been satisfied and. the Work is
sufficiently complete in accordance with the Contract Documents so the
Project is available for beneficial occupancy by City. A Certificate of
Occupancy or Certificate of Completion and/or other authorization from the
City acceptable to Contract Administrator must be issued for Substantial
Completion to be achieved; however, the issuance of a Certificate of
Occupancy or Certificate of Completion or the date thereof are not to be
determinative of the achievement or date of Substantial Completion.
1.27 Surety: The surety company or individual which is bound by the performance
bond and payment bond with and for Contractor who is primarily liable, and
which surety company or individual is responsible for Contractor's satisfactory
performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.28 Work: The construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by Contractor to
fulfill Contractor's obligations. The Work may constitute the whole or a part of
the Project.
2. Personnel Requirements: Superintendent must have at least approximately five (5)
years of experience in projects of similar design, scope, size and complexity. The
Project Manager must have at least approximately five (5) years of experience in
projects of similar design, scope, size and complexity.
3. Project Manual:
3.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
3.2. The Project Manual, along with all documents that make up and constitute the
Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when Consultant may authorize,
in writing, an exception.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 23
3.3.. Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be resolved by Consultant.
Contractor shall not proceed when in doubt as to any dimension or
measurement, but shall seek clarification from Consultant.
3.4. Contractor shall be furnished three (3) copies, free of charge, of the Project
Manual; two of which shall be preserved and always kept accessible to
Consultant and Consultant's authorized representatives. Additional copies of the
Project Manual may be obtained from City at the cost of reproduction.
4. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete
Project (or part thereof) to be constructed in accordance with the Contract Documents
and in accordance with all codes and regulations governing construction of the Project.
Any work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied by
Contractor whether or not specifically called for. When words which have a well-known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or
to the laws or regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard specification, manual, code or
laws or regulations in effect at the time of opening of bids and Contractor shall comply
therewith. City shall have no duties other than those duties and obligations expressly
set forth within the Contract Documents.
5. Preliminary Matters:
5.1. If required by the City, within five (5) calendar days of City's request Contractor
shall submit to the City, for Consultant's review and acceptance, a project
schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and
monthly be prepared to discuss any:
1) Proposed changes to the Base Line schedule logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) Integration of changes into the schedule.
The Project Schedule shall be the basis of the CONTRACTOR'S work
and shall be complied with in all respects.
If CONTRACTOR'S Work becomes more than (30) days behind schedule
CONTRACTOR shall be required to submit a "Make-Up" schedule to
PROGRAM MANAGER for review and acceptance that demonstrates
"Catch Up" within thirty (3) days. CONTRACTOR shall provide, at
CONTRACTOR'S cost, the necessary additional labor and or equipment
necessary to make-up the lost time. Failure to provide a "Make-Up"
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 24
schedule or vigorously follow the "Make-Up" schedule shall be reason to
default CONTRACTOR.
5.1.1 After award but prior to the submission of the final progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall meet-
with all utility owners and secure from them a schedule of utility
relocation, provided, however, neither CONSULTANT nor CITY shall be
responsible for the nonperformance by the utility owners.
5.1.2 A preliminary schedule of Shop Drawing submissions; and
5.1.3 In a lump sum contract or in a contract which includes lump sum bid items
of Work, a preliminary schedule of values for all of the Work which will
include quantities and prices of items aggregating the Contract Price and ,.
will subdivide the Work into component parts in sufficient detail to serve
as the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each
item of work which will be confirmed in writing by Contractor at the time of
submission.
i Such prices. shall be broken down to show labor, equipment,
materials and overhead and profit.
5.1.4 After award but prior to the submission of the progress schedule,
Consultant, Contract Administrator and Contractor shall meet with all
utility owners and secure from them a schedule of utility relocation,
provided, however, neither Consultant nor City shall be responsible for
the nonperformance by the utility owners.
5.2. At a time specified by Consultant but before Contractor starts the work at the
Project site, a conference attended by Contractor, Consultant and others as
deemed appropriate by Contract Administrator will be held to discuss the
schedules to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
5.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice
to Proceed, a conference attended by Contractor, Consultant and others, as
appropriate, will be held to finalize the schedules submitted. Within forty-five (45)
days after the Project Initiation Date set forth in Notice to Proceed No. 1, the
Contractor shall revise the original schedule submittal to address all review
comments from the CPM review conference and resubmit for Consultantreview.
The"finalized progress schedule will be accepted by Consultant only as providing
an orderly progression of the Work tocompletion within the Contract Time, but
such acceptance shall not constitute acceptance by City or Consultant of the
means or methods of construction or of the sequencing or scheduling of the
Work, and such acceptance will neither impose on Consultant or City
responsibility for the progress or scheduling of the Work nor relieve Contractor
from full responsibility therefore. The finalized schedule of Shop Drawing
submissions must be acceptable to Consultant as providing a workable
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 25
arrangement for processing the submissions. The finalized schedule of values
must be acceptable to Consultant as to form and substance.
6. INTENTIONALLY OMITTED
7. INTENTIONALLY OMITTED
8. INTENTIONALLY OMITTED
9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
9.2. Contractor shall at all times enforce strict discipline and good order among its
employees and subcontractors at the Project site and shall not employ on the
Project any unfit person or anyone not skilled in the work to which they are
assigned.
10. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that may be used upon or in any
manner be connected with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in this Contract for said work.
11. Weather:
Extensions to the Contract Time fordelays caused by the effects of inclement weather
shall be submitted as a request for a change in the Contract Time pursuant to Article 41.
These time extensions are justified only when rains or other inclement weather
conditions or related adverse soil conditions prevent Contractor from productively
performing controlling items of work identified on the accepted schedule or updates
resulting in:
(1) Contractor being unable to work at least fifty percent (50%) of the normal
workday on controlling items of work identified on the accepted schedule or
updates due to adverse weather conditions; or
(2) Contractor must make major repairs to the Work damaged by weather. Providing
the damage was not attributable to a failure to perform or neglect by Contractor,
and providing that Contractor was unable to work at least fifty percent (50%) of
the normal workday on controlling items of work identified on the accepted
schedule or updates.
12. Permits, Licenses and Impact Fees:
12.1. Except as otherwise provided within the Supplemental Conditions, all permits
and licenses required by federal, state or local laws, rules and regulations
necessary for the prosecution of the Work undertaken by Contractor pursuant to
this Contract shall be secured and paid for by Contractor. It is Contractor's
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 26
responsibility to have and maintain appropriate Certificate(s) of Competency,
valid for the Work to be performed and valid for the jurisdiction in which the Work
is to be performed for all persons working on the Project for whom a Certificate of
Competency is required.
12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
Contractor. Contractor shall be reimbursed only for the actual amount of the
impact fee levied by the municipality as evidenced by an invoice or other
acceptable documentation issued by the municipality. Reimbursement to
Contractor in no event shall include profit or overhead of Contractor.
13. Resolution of Disputes:
13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
Consultant shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract
Documents and fulfillment of this Contract as to the character, quality, amount
and value of any work done and materials furnished, or proposed to be done or
furnished under or, by reason of, the Contract Documents and Consultant's
estimates and decisions upon all claims, questions, difficulties and disputes shall
be final and binding to the extent provided in Section 12.2. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of City and
Contractor shall be submitted to Consultant in writing within twenty-one (21)
calendar days. Unless a different period of time is set forth. herein, Consultant
shall notify City and Contractor in writing of Consultant's decision within twenty-
one (21) calendar days from the date of the submission of the claim, question,
difficulty or dispute, unless Consultant requires additional time to gather
information or allow the parties to provide additional information. All non-
technical administrative disputes shall be determined by the Contract
Administrator pursuant to the time periods provided herein. During the pendency
of any dispute and after a determination thereof, Contractor, Consultant and City
shall act in good faith to mitigate any potential damages including utilization of
construction schedule changes and alternate means of construction.
13.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notify the other
party in writing within ten (10) days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a
statement that any Contract Price adjustment claimed is the entire adjustment to
which the objecting party has reason to believe it is entitled to as a result of the
determination. Within sixty (60) days after Final Completion of the Work, the
parties . shall participate in mediation to address all objections to any
determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under
State law. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said
party fails to comply in strict accordance with the requirements of this Article.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 27
14. INTENTIONALLY OMITTED
15. Superintendence and Supervision:
15.1. The orders of City are to be given through Consultant, which instructions are to
be strictly and promptly followed in every case. Contractor shall keep on the
Project during its progress, a full-time competent English speaking
superintendent and any necessary assistants, all satisfactory to Consultant. The
superintendent shall not be changed except with the written consent of
Consultant, unless the superintendent proves to be unsatisfactory to Contractor
and ceases to be in its employ. The superintendent shall represent Contractor
and all directions given to the superintendent shall be as binding as if given to
Contractor and will be confirmed in writing by Consultant upon the written request
of Contractor. Contractor shall give efficient supervision to the Work, using its
best skill and attention.
15.2. Daily, Contractor's superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any
weather condition affected progress of the Work; time of commencement of work
for the day; the work being performed; materials, labor, personnel, equipment
and subcontractors at the Project site; visitors to the Project site, including
representatives of Consultant; regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of work for
the day. All information shall be recorded in the daily log in ink. The daily log
shall be kept on the Project site and shall be available at all times for inspection
and copying by City and Consultant.
15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly
or as determined by the Contract Administrator, during the course of the Work to
review and agree upon the work performed to date and to establish the
controlling items of work for the next two weeks. The Consultant shall publish,
keep, and distribute minutes and any comments thereto of each such meeting.
15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy
between the Contract Documents and the physical conditions of the locality, or
any errors, omissions, or discrepancies in the Project Manual, it shall be
Contractor's duty to immediately inform Consultant, in writing, and Consultant will
promptly review the same. Any work done after such discovery, until authorized,
will be done at Contractor's sole risk.
15.5. Contractor shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
16. INTENTIONALLY OMITTED
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 28
17. Contractor's Right to Stop Work or Terminate Contract:
Should Consultant fail to review and approve or state in writing reasons for nonapproval
of any Application for Payment within twenty(20) days after it is presented, or if City fails
either to pay Contractor within thirty (30) days after presentation by Consultant of any
sum certified by Consultant, or to notify Contractor and Consultant in writing of any
objection to the Application for Payment, then Contractor may, give written notice to City
and Consultant of such delay, neglect or default, specifying the same. If City or
Consultant (where applicable), within a period of ten (10) calendar days after such notice
shall not remedy the delay, neglect, or default upon which the notice is based, then
Contractor may stop work or terminate this Contract and recover from City payment for
all work executed and reasonable expenses sustained therein plus reasonable
termination expenses. Any objection made by City to an Application for Payment shall
, be submitted to Consultant in accordance with the provisions of Article 13 hereof.
18. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to
become due to it hereunder, without the previous written consent of the Mayor and City
Commission.
19. INTENTIONALLY OMITTED
20. Differing Site Conditions:
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project site which differ materially from those shown on the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or unknown
physical conditions of the Project site, of an unusual nature, which differ materially from
that ordinarily encountered and generally recognized as inherent in work of the character
called for in the Contract Documents, Contractor , without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four (24)
hours of their discovery, notify City and Consultant in writing of the existence of the
aforesaid conditions. Consultant and City shall, within two (2) business days after
receipt of Contractor's written notice, investigate the site conditions identified by
Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and
cause an increase or decrease in Contractor's cost of, or the time required for, the
performance of any part of the.Work, whether or not charged as a result of the
conditions, Consultant shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in
the Contract Price or Contract Time, the adjustment shall be referred to Consultant for
determination in accordance with the provisions of Article 13. Should Consultant
determine that the conditions of the Project site are not so materially different to justify a
change in the terms of the Contract, Consultant shall so notify City and Contractor in
writing, stating the reasons, and such determination shall be final and binding upon the
parties hereto.
No request by Contractor for an equitable adjustment to the Contract under this
provision shall be allowed unless Contractor has given written notice in strict accordance
with the provisions of this Article. No request for an equitable adjustment or change to
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 29
the .Contract Price or Contract Time for differing site conditions shall be allowed if made
after the date certified by Consultant as the date of substantial completion.
21. Plans and Working Drawings:
City, through Consultant, shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings
or additional information as the Work proceeds, all of which shall be considered as part
of the Project Manual. In case of disagreement between the written and graphic portions
of the Project Manual, the written portion shall govern.
22. Contractor to Check Plans, Specifications and Data:
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Consultant, and shall notify Consultant of all
errors, omissions and discrepancies found therein within three (3) calendar days of •
discovery. Contractor will not be allowed to take advantage of any error, omission or
discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be
liable for damages resulting froth errors, omissions or discrepancies in the Contract
Documents unless Contractor recognized such error, omission or discrepancy and
knowingly failed to report it to Consultant.
23. Contractor's Responsibility for Damages and Accidents:
23.1. Contractor shall accept full responsibility for the Work against all loss or damage
of whatever nature sustained until final acceptance by City, and shall promptly
repair any damage done from any cause whatsoever, except as provided in
Article 30.
23.2. Contractor shall be responsible for all materials, equipment and supplies
pertaining to the Project. In the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed prior to final acceptance by City,
Contractor shall replace same without cost to City, except as provided in Article
30.
24. Warranty:
Contractor warrants to City that all materials and equipment furnished under this
Contract will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents.
All work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. If required by Consultant,
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. This warranty is not limited by the provisions of Article 26 herein.
25. Supplementary Drawings:
25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to
be done more fully, or to illustrate the Work further, or to show any changes
which may be required, supplementary drawings, with specifications pertaining
thereto, will be prepared by Consultant.
25.2. The supplementary drawings shall be binding upon Contractor with the same
force as the Project Manual. Where such supplementary drawings require either
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 30
less or more than the original quantities of work, appropriate adjustments shall be
made by Change Order.
26. Defective Work:
26.1. Consultant shall have the authority to reject or disapprove work which Consultant
finds to be defective. If required by Consultant, Contractor shall promptly either
correct all defective work orremove such defective work and replace it with
nondefective work. Contractor shall bear all direct, indirect and consequential
costs of such removal or corrections including cost of testing laboratories and
personnel.
26.2. Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of the Contract
Documents within the time indicated in writing by Consultant, City shall have the
authority to cause the defective work to be removed or corrected, or make such
repairs as may be necessary at Contractor's expense. Any expense incurred by
City in making such removals, corrections or repairs, shall be paid for out of any
monies due or which may become due to Contractor , or may be charged against
the Performance Bond. In the event of failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
26.3. If, within one (1) year after the date of substantial completion or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision of the
Contract Documents, any of the Work is found to be defective or not _in
accordance with the Contract Documents, Contractor , after receipt of written
notice from City, shall promptly, correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained
herein shall be construed to establish a period of limitation with respect to any
other obligation which Contractor might have under the Contract Documents
including but not limited to, Article 24 hereof and any claim regarding latent
defects.
26.4. Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
27. Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
28. Subcontracts:
28.1. Contractor shall not employ any subcontractor against whom City or Consultant
may have a reasonable objection. Contractor shall not be required to employ
any subcontractor against whom Contractor has a reasonable objection.
28.2. Contractor shall be fully responsible for all :acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to the
sameextent that Contractor is responsible for the acts and omissions of persons
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 31
directly employed by it. Nothing in the Contract Documents shall create any
contractual relationship between any subcontractor and City or any obligation on
the part of City to pay or to see the payment of any monies due any
subcontractor. City or Consultant may furnish to any subcontractor evidence of
amounts paid to Contractor on account of specific work performed.
28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of City.
28.4. Contractor shall perform the Work with its own organization, amounting to not
less than 70% percent of the Contract Price.
29. Separate Contracts:
29.1. City reserves the right to let other contracts in connection with this Project.
Contractor shall afford other persons reasonable opportunity for the introduction
and storage of their materials and the execution of their work and shall properly
connect and coordinate this Work with theirs.
29.2. If any part of Contractor's Work depends for proper execution or results upon the
work of any other persons, Contractor shall inspect and promptly report to
Consultant any defects in such work that render: it unsuitable for such proper
execution and results. Contractor's failure to so inspect and report shall
constitute an acceptance of the other person's work as fit and proper for the
reception of Contractor's Work, except as to defects which may develop in other
contractor's work after the execution of Contractor's.
29.3. Contractor shall conduct its operations and take all reasonable steps to
coordinate the prosecution of the Work so as to create no interference or impact
on any other contractor on the site. Should such interference or impact occur,
Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
29.4. To insure the proper execution of subsequent work, Contractor shall inspect the
work already in place and shall at once report to Consultant any discrepancy
between the executed work and the requirements of the Contract Documents.
30. Use of Completed Portions:
30.1. City shall have the right at its sole option to take possession of and use any
completed or partially completed portions of the Project. Such possession and
use shall not be deemed an acceptance of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases
the cost of or delays the Work, Contractor shall be entitled to reasonable extra
compensation or reasonable extension of time or both,. as recommended by
Consultant and approved by City.
30.2. In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
•ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 32
30.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area.
30.2.2. Contractor shall complete to the point of Substantial Completion the
designated area and request inspection and issuance of a
Certificate of Substantial Completion in the form attached hereto as
00925 from Consultant.
30.2.3. Upon Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance,
utilities, subsequent damages of City and public, adjustment of
insurance coverage's and start of warranty for the occupied area.
30.2.4. Contractor shall complete all items noted on the Certificate of
Substantial Completion within the time specified by Consultant on
the Certificate of Substantial Completion, as soon as possible and
request final inspection and final acceptance of the portion of the
Work occupied. Upon completion of final inspection and receipt of
an application for final payment, Consultant shall issue a Final
Certificate of Payment relative to the occupied area.
30.2.5. If City finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion thereof, such occupancy or use
shall not commence prior to a time mutually agreed upon by City and
Contractor and to which the insurance company or companies
providing the property insurance have consented by endorsement to
the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of
such partial occupancy or use. Consent of Contractor and of the
insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
31. Lands for Work:
31.1. City shall provide, as may be indicated in the Contract Documents, the lands
upon which the Work is to be performed, rights-of-way and easements for access
thereto and such other lands as are designated by City or the use of Contractor.
31.2. Contractor shall provide, at Contractor's own expense and without liability to City,
any additional land and access thereto that may be required for temporary
construction facilities, or for storage of materials. Contractor shall furnish to City
copies of written permission obtained by Contractor from the owners of such
facilities.
32. Legal Restrictions and Traffic Provisions:
Contractor shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and Contractor's general operations.
Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere
in any way with traffic on railway, highways, or water, without the prior written consent of
the proper authorities.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 33
33. Location and Damage to Existing Facilities, Equipment or Utilities:
33.1. As far as possible, all existing utility lines in the Project area have been shown on
the plans. However, City does not guarantee that all lines are shown, or that the
ones indicated are in their true location. It shall be the Contractor ❑S
responsibility to identify and locate all underground and overhead utility lines or
equipment affecting or affected by the Project. No additional payment will be
made to the Contractor because of discrepancies in actual and plan location of
utilities, and damages suffered as a result thereof.
33.2. The Contractor shall notify each utility company involved at least ten (10) days
prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or
'endangered by the proposed construction. Relocation of water mains or other
utilities for the convenience of the Contractor shall be paid by the Contractor. All
charges by utility companies for temporary support of its utilities shall be paid for
by the Contractor. All costs of permanent utility relocation to avoid conflict shall
be the responsibility of the utility company involved. No additional payment will
be made to the Contractor for utility relocations, whether or not said relocation is
necessary to avoid conflict with other lines.
33.3. The Contractor shall schedule the work in such a manner that the work is not
delayed by the utility providers relocating or supporting their utilities. The
Contractor shall coordinate its activities with any and all public and private utility
providers occupying the right-of-way. No compensation will be paid to the
Contractor for any loss of time or delay.
33.4. All overhead, surface or underground structures and utilities encountered are to
be carefully protected from injury or displacement. All damage to such structures
is to be completely repaired within a reasonable time; needless delay will not be
tolerated. The City reserves the right to remedy such damage by ordering
outside parties to make such repairs atthe expense of the Contractor. All such
repairs made by the Contractor are to be made to the satisfaction of the utility
owner. All damaged utilities must be replaced or fully repaired. All repairs are to
be inspected by the utility owner prior to backfilling.
34. Value Engineering:
Contractor may request substitution of materials, articles, pieces of equipment or any
changes that reduce the Contract Price by making such request to Consultant in writing.
Consultant will be the sole judge of acceptability, and no substitute will be ordered,
installed, used or initiated without Consultant's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. However, any
substitution accepted by Consultant shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, Contractor agrees to pay directly
to Consultant all Consultant's fees and charges related to Consultant's review of the
request for substitution, whether or not the request for substitution is accepted by
Consultant. Any substitution submitted by Contractor must meet the form, fit, function
and life cycle criteria of the item proposed to be replaced and there must be a net dollar
savings including Consultant review fees and charges. If a substitution is approved, the
net dollar savings shall be shared equally between Contractor and City and shall be
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 34
processed as a deductive Change Order. City may require Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to
any substitute approved after award of the Contract.
35. Continuing the Work:
Contractor shall carry on the Work and adhere to the progress schedule during all
disputes ordisagreements with City, including disputes or disagreements concerning a
request for a Change Order, a request for a change in the Contract Price or Contract
Time. The Work shall not be delayed or postponed pending resolution of any disputes
or disagreements.
36. Changes in the Work or Terms of Contract Documents:
• 36.1. Without invalidating the Contract and without notice to any surety City reserves
and shall have the right, from time to time to make such increases, decreases or
other, changes in the character or quantity of the Work as may be considered
necessary or desirable to complete fully and acceptably the proposed
construction in a satisfactory manner. Any extra or additional work within the
scope of this Project must be accomplished by means of appropriate Field
Orders and Supplemental Instructions or Change Orders.
36.2. Any changes to the terms of the Contract Documents must be contained in a
written document, executed by the parties hereto, with the same formality and of
equal dignity prior to the initiation of any work reflecting such change. This
section shall not prohibit the issuance of Change Orders executed only by City as
hereinafter provided.
37. Field Orders and Supplemental Instructions:
37.1. The Contract Administrator, through Consultant, shall have the right to approve
and issue Field Orders setting forth written interpretations of the intent of the
Contract Documents and ordering minor changes in Work execution, providing
the Field Order involves no change in the Contract Price or the Contract Time.
37.2. Consultant shall have the right to approve and issue Supplemental Instructions
setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Price or the Contract Time.
38. Change Orders:
38.1. Changes in the quantity or character of.the Work within the scope of the Project
which are not properly the subject of Field Orders or Supplemental Instructions,
including all changes resulting in changes in the Contract Price, or the Contract
Time, shall be authorized only by Change Orders approved in advance and
issued in accordance with the provisions of the City.
38.2. All changes to construction contracts which exceed the Commission-approved
contingency must be approved in advance in accordance with the value of the
Change Order or the calculated value of the time extension. All Change Orders
with a value of $25,000 or more shall be approved in advance by the Mayor and
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 35
City Commission. All Change Orders with a value of less than $25,000 shall be
approved in advance by the City Manager or his designee.
38.3. In the event satisfactory adjustment cannot be reached for-any item requiring a
change in the Contract Price or Contract Time, and a Change Order has not
been issued, City reserves the right at its sole option to either terminate the
Contract as it applies to the items in question and make such arrangements as
may be deemed necessary to complete the disputed work; or submit the matter
in dispute to Consultant as set forth in Article 13 hereof. During the pendency of
the dispute, and upon receipt of a Change Order approved by City, Contractor
shall promptly proceed with the change in the Work involved and advise the
Consultant and Contract Administrator in writing within seven (7) calendar days
of Contractor's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price
or Contract Time.
38.4. On approval of any Contract change increasing the Contract Price, Contractor
shall ensure that the performance bond and payment bond are increased so that
each reflects the total Contract Price as increased.
38.5. Under circumstances determined necessary by City, Change Orders may be
issued unilaterally by City.
39. Value of Change Order Work:
39.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the
following ways:
39.1.1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of
items involved.
39.1.2. By mutual acceptance of a lump sum which Contractor and City
acknowledge contains a component for overhead and profit.
39.1.3. On the basis of the "cost of work," determined as provided in Sections
39.2 and 39.3, plus a Contractor's fee for overhead and profit which is
determined as provided in Section 39.4.
39.2. The term "cost of work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by City, such
costs shall be in amounts no higher than those prevailing in the locality of the
Project, shall include only the following items and shall not include any of the
costs itemized in Section 39.3.
39.2.1. Payroll costs for employees in the direct employ of Contractor in the
performance of the work described in the Change Order under
schedules of job classifications agreed upon by City and Contractor.
Payroll costs for employees not employed full time on the work
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 36
covered by the Change Order shall be apportioned on the basis of
their time spent on the work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of fringe benefits which
shall include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday pay
application thereto. Such employees shall include superintendents
and foremen at the site. The expenses of performing the work after
regular working hours, on Sunday or legal holidays, shall be included
in the above to the extent authorized by City.
39.2.2. Cost of all materials and equipment furnished and incorporated in the
work, including costs of transportation and storage thereof, and
manufacturers' field services required in connection therewith. All ,
cash discounts shall accrue to Contractor unless City deposits funds
with Contractor with which to make payments, in which case the cash
discounts shall accrue to City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment
shall accrue to City and Contractor shall make provisions so that they
may be obtained. Rentals of all construction equipment and
machinery and the parts thereof whether rented from Contractor or
others in accordance with rental agreements approved by City with
the advice of Consultant and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any
such equipment, machinery or parts shall cease when the use thereof
is no longer necessary for the work.
39.2.3. Payments made by Contractor to Subcontractors for work performed
by Subcontractors. If required by City, Contractor shall obtain
competitive bids from Subcontractors acceptable to Contractor and
shall deliver such bids to City who will then determine, with the advice
of Consultant, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost of
the work plus a fee, the Subcontractor's cost of the work shall be
determined in the same manner as Contractor 'S cost of the work. All
Subcontractors shall be subject to the other provisions of the Contract
Documents insofar as applicable.
39.2.4. Cost of special consultants, including, but not limited to, engineers,
architects, testing laboratories, and surveyors employed for services
specifically related to the performance of the work described in the
Change Order.
39.2.5. Supplemental costs including the following:
39.2.5.1. The proportion of necessary transportation, travel and
subsistence expenses of Contractor's employees incurred
in discharge of duties connected with the work except for
local travel to and from the site of the work.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 37
39.2.5.2. Cost, including transportation and. maintenance, of all
materials, supplies, equipment, machinery, appliances,
office and temporary facilities at the site and hand tools
not owned by the workmen, which are consumed in the
performance of the work, and cost less market value of
such items used but not consumed .which remains the
property of Contractor .
39.2.5.3. Sales, use, or similar taxes related to the work, and for
which Contractor is liable, imposed by any governmental
authority.
39.2.5.4. Deposits lost for causes other than Contractor's
negligence; royalty payments and fees for permits and
licenses.
39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site.
39.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the work.
39.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
39.3. The term "cost of the work" shall not include any of the following:
39.3.1. Payroll costs and other compensation of Contractor's officers,
executives, principals (of partnership and sole proprietorships),
general managers, engineers, architects, estimators, lawyers,
auditors, accountants, purchasing and contracting agents, expediters,
timekeepers, clerks and other personnel employed by Contractor
whether at the site or in its principal or a branch office for general
administration of the work and not specifically included in the agreed-
upon schedule of job classifications, all of which are to be considered
administrative costs covered.by Contractor's fee.
39.3.2. Expenses of Contractor's principal and branch offices other than
Contractor's office at the site.
39.3.3. Any part of Contractor's capital expenses, including interest on
Contractor's capital employed for the work and charges against
Contractor for delinquent payments.
39.3.4. Cost of premiums for all Bonds and for all insurance whether or not
Contractor is required by the Contract Documents to purchase and
maintain the same, except for additional bonds and insurance
required because of changes in the work;
39.3.5. Costs due to the negligence or neglect of Contractor, any
Subcontractors, or anyone directly or indirectly employed by any of
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 38
them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or
equipment wrongly supplied and making good any damage to
property.
39.3.6. Other overhead or general expense costs of any kind and the cost of
any item not specifically and expressly included in Section 39.2.
39.4. Contractor's fee allowed to Contractor for overhead and profit shall be
determined as follows:
39.4.1.A mutually acceptable fixed fee or if none can be agreed upon,
39.4.2.A,fee based on the following percentages of the various portions of the
cost of the work:
39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2,
Contractor's fee shall not exceed ten percent(10%).
39.4.2.2. For costs incurred under Section 39.2.3, Contractor's
fee shall not exceed seven and one half percent
(7.5%); and if a subcontract is on the basis of cost of
the work plus a fee, the maximum allowable to the
Subcontractor as a fee for overhead and profit shall not
exceed ten percent(10%); and
39.4.2.3. No fee shall be payable on the basis of costs itemized
under Sections 39.2.4 and 39.2.5, (except Section
•
39.2.5.3), and Section 39.3.
39.5. The amount of credit to be allowed by Contractor to City for any such change
which results in a net decrease in cost, will be the amount of the actual net
decrease. When both additions and credits are involved in any one change, the
combined overhead and profit shall be figured on the basis of the net increase, if
any, however, Contractor shall not be entitled to claim lost profits for any Work
not performed.
39.6. Whenever the cost of any work is to be determined pursuant to Sections 39.2
and 39.3, Contractor will submit in a form acceptable to Consultant an itemized
cost breakdown together with the supporting data.
39.7. Where the quantity of any item of the Work that is covered by a unit price is
increased or decreased by more than twenty percent (20%) from the quantity of
such work indicated in the Contract Documents, an appropriate Change Order
shall be issued to adjust the unit price, if warranted.
39.8. Whenever a change in the Work is to be based on.mutual acceptance of a lump
sum, whether the amount is an addition, credit or no change-in-cost, Contractor
shall submit an initial cost estimate acceptable to Consultant and Contract
Administrator.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 39
39.8.1. Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
39.8.2. Whenever a change involves Contractor and one or more
Subcontractors and the change is an increase in the Contract Price,
overhead and profit percentage for Contractor and each
Subcontractor shall be itemized separately.
39.9. Each Change Order must state within the body of the Change Order whether it is
based upon unit price, negotiated lump sum, or"cost of the work."
40. Notification and Claim for Change of Contract Time or Contract Price:
40.1. Any claim for a change in the Contract Time or Contract Price shall be made by
written notice by Contractor to the Contract Administrator and to Consultant
within five (5) calendar days of the commencement of the event giving rise to the
claim and stating the general nature and cause of the claim. Thereafter, within
twenty (20) calendar days of the termination of the event giving rise to the claim,
written notice of the extent of the claim with supporting information and
documentation shall be provided unless Consultant allows an additional period of
time to ascertain more accurate data in support of the claim and such notice shall
be accompanied by Contractor's written notarized statement that the adjustment
claimed is the entire adjustment to which the Contractor has reason to believe it
is entitled as a result of the occurrence of said event. All claims for changes in
the Contract Time or Contract Price shall be determined by Consultant in
accordance with Article 13 hereof, if City and Contractor cannot otherwise agree.
IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL
CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE
SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
40.2. The Contract Time will be extended in an amount equal to time lost on critical
Work items due to delays beyond the control of and through no fault or
negligence of Contractor if a claim is made therefore as provided in Section 40.1.
Such delays shall include, but not be limited to, acts or neglect by any separate
contractor employed by City, fires, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God.
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor
shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference.or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City or its
Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 40
Time as the sole and exclusive remedy for such resulting delay, in accordance with and
to the extent specifically provided above.
42. Excusable Delay; Compensable; Non-Compensable:
42.1 Excusable Delay. Delay which extends the completion of the Work and which is
caused by circumstances beyond the control of Contractor or its subcontractors,
suppliers or vendors is Excusable Delay.
Contractor is entitled to a time extension of the Contract Time for each day the
Work is delayed due to Excusable Delay. Contractor shall document its claim for
any time extension as provided in Article 40 hereof.
Failure of Contractor to comply with Article 40,hereof as to any particular event of
delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable when (i)
the delay extends the Contract Time, (ii) is caused by circumstances
beyond the control of the Contractor or its subcontractors, suppliers or
vendors, and (iii) is caused solely by fraud, bad faith or active interference
on the part of City or its agents. In no event shall Contractor be
compensated for interim delays which do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by Contractor shall be limited to the
actual additional costs allowed pursuant to Article 41 hereof.
City and Contractor recognize and agree that the amount of Contractor's precise
actual indirect costs for delay in the performance and completion of the Work is
impossible to determine as of the date of execution of the Contract Documents,
and that proof of the precise amount will be difficult. Therefore, indirect costs
recoverable by the Contractor shall be liquidated on a daily basis for each day
the Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate Contractor for all indirect
costs caused by a Compensable Excusable Delay and shall include, but not be
limited to, all profit on indirect costs, home office overhead, acceleration, loss of
earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all
other indirect costs incurred by Contractor. The amount of liquidated indirect
costs recoverable shall be one hundred dollars ($100) per day for each
calendar day the Contract is delayed due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused
by circumstances beyond the control of Contractor, its subcontractors,
suppliers and vendors,. and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by
Contractor'or its subcontractors, suppliers or vendors and by the City or
Consultant, then Contractor shall be entitled only to a time extension and
no further compensation for the delay.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 41
43. Substantial Completion: .
When Contractor considers that the Work, or a portion thereof designated by City
pursuant to Article 30 hereof, has reached Substantial Completion, Contractor shall so
notify City and Consultant in writing. Consultant and City shall then promptly inspect the
Work. When Consultant, on the basis of such an inspection, determines that the Work
or designated portion thereof is substantially complete, it will then prepare a Certificate
of Substantial Completion in the form attached hereto as Form 00925 which shall
establish the Date of Substantial Completion; shall state the responsibilities of City and
Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance;
and shall list all Work yet to be completed to satisfy the requirements of the Contract
Documents for Final Completion. The failure to include any items of corrective work on
such list does not alter the 'responsibility of Contractor to: complete all of the Work in
accordance with the Contract Documents. Warranties requiredby the Contract
Documents shall commence on the date of Substantial 'Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial
Completion. The Certificate of Substantial Completion shall be submitted to City through
the Contract Administrator and Contractor for their written acceptance of the.
responsibilities assigned to them in such Certificate.
44. No.Interest:
Any monies not paid by City when claimed to be due to Contractor under this
Agreement, including, but not limited to, any and all claims for contract damages of any
type, shall not be subject to interest including, but not limited to prejudgment interest.
However, the provisions of City's prompt payment ordinance, as such relates to
timeliness of payment, and the provisions of Section 218.74(4),.Florida Statutes as such
relates to the payment of interest, shall apply to valid and proper.invoices.
45. Shop Drawings:
45.1. Contractor shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the suitability,
efficiency, technique of manufacture, installation :requirements, details of the
item and evidence of .its compliance or noncompliance with the Contract
Documents.
45.2. , Within thirty (20) calendar days after the Project Initiation Date specified in the
Notice to Proceed, 'Contractor shall submit to Consultant' a complete list of
preliminary.data on items for which Shop Drawings are .to be submitted and
shallidentify the critical items. Approval of this list by Consultant shall in no way
relieve. Contractor from submitting complete Shop Drawings and providing
materials, equipment, etc., fully in accordance with the Contract Documents.
This procedureis required in order to expedite final approval of Shop Drawings.
45.3. After the approval of the list of items required in Section 45.2 above, Contractor
shall promptly request Shop Drawings from the various manufacturers,
fabricators, and suppliers. Contractor shall include all shop drawings and other
submittals in its certification.
45.4. Contractor shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
ITB-2018-124=WG ' BUILDING&SPECIALTY TRADE CONTRACTORS Page 42
45.5. If the Shop Drawings show or indicate departures from the Contract
requirements, Contractor shall make specific mention thereof in its letter of
transmittal. Failure to point out such departures shall not relieve Contractor
from its responsibility to comply with the Contract Documents.
45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar
days from the date received, unless said Drawings are rejected by Consultant
for material reasons. Consultant's approval of Shop Drawings will be, general
and shall not relieve Contractor of responsibility for the accuracy of such
Drawings, nor for the proper fitting and construction of the work, nor for the
furnishing of materials or work required by the Contract Documents and not
indicated on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by Consultant. Approval
shall not relieve Contractor from responsibility for errors or omissions of any sort
on the.Shop Drawings.
45.7. No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate
the design. It is Contractor's responsibility to assemble the Shop Drawings for
all such interconnecting and/or interdependent items, check them and then
makeone submittal to Consultant along with its comments as to compliance,
noncompliance, or features requiring special attention.
45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as
Shop Drawings, any additional information or changes on such drawings shall
be typewritten or lettered in ink.
45.9. Contractor shall submit the number of copies required by Consultant.
Resubmissions of Shop Drawings shall be made in the same quantity until final
approval is obtained.
45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's
approval at the job site at all times.
46. Field Layout of the Work and Record Drawings:
46.1. The entire responsibility for establishing and maintaining line and grade in the
field lies with Contractor. Contractor shall maintain an accurate and precise
record of the location and elevation of all pipe lines, conduits, structures,
maintenance access structures, handholes, fittings and the like and shall
prepare record or "as-built" drawings of the same which are sealed by a
Professional Surveyor. Contractor shall deliver these records in good order to
Consultant as the Work is completed. The cost of all such field layout and
recording work is included in the prices bid for the appropriate items. All record
drawings shall be made on reproducible paper and shall be delivered to
Consultant prior to, and as a condition of, final payment.
46.2. Contractor shall maintain in a safe place at the Project site one record copy of
all Drawings, Plans, Specifications, Addenda, written amendments, Change
Orders, Field Orders and written interpretations and clarifications in good order
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 43
and annotated to show all changes made during construction. These record
documents together with all approved samples and a counterpart of all approved
Shop Drawings shall be available at all times to Consultant for reference. Upon
• Final Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the Contract
Administrator.
46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall
submit to City, Contractor's record drawings or as-built drawings acceptable to
Consultant.
47. Safety and Protection:
47.1. Contractor shall be solely responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Project. Contractor
shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
47.1.1. All employees on the work site and other persons who may be
affected thereby;
47.1.2. All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
47.1.3. Other property at the Project site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities
not designated for removal, relocation or replacement in the course of
construction.
47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations
and orders of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the
work, may affect them. All damage, injury or loss to any property referred to in
Sections 47.1.2 and 47.1.3 above, caused directly or indirectly, in whole or in
part, by Contractor , any Subcontractor or anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, shall be
remedied by Contractor . Contractor's duties and responsibilities for the safety
and protection of the work shall continue until such time as all the Work is
completed and Consultant has issued a notice to City and Contractor that the
Work is acceptable except as otherwise provided in Article 30 hereof.
47.3. Contractor shall designate a responsible member of its organization at the Work
site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by
Contractor to City.
48. Final Bill of Materials:
Contractor shall be required to submit to City and Consultant a final bill of materials with
unitcosts for each bid item for supply of materials in place. This shall be an itemized list
of all materials with a unit cost for each material and the total shall agree with unit costs
established for each Contract item. A Final Certificate for Payment cannot be issued by
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 44
Consultant until Contractor submits the final bill of materials and Consultant verifies the
accuracy of the units of Work.
49. Payment by City for Tests:
Except when otherwise specified in the Contract Documents, the expense of all tests
requested by Consultant shall be borne by City and performed by a testing firm chosen
by Consultant. For road construction projects the procedure for making tests required by
Consultant will be in conformance with the most recent edition of the State of Florida,
Department of Transportation Standard Specifications for Road and Bridge Construction.
The cost of any required test which Contractor fails shall be paid for by Contractor.
50. Proiect Sign:_
Any requirements for a project sign shall be paid by the Contractor as specified by City
Guidelines'.
51. Hurricane Precautions:
51.1. During such periods of time as are designated by the United States Weather
Bureau as being a hurricane warning or alert, the Contractor, at no cost to the
City, shall take all precautions necessary to secure the Project site in response
to all threatened storm events, regardless of whether the City or Consultant has
given notice of same.
51.2. Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
51.3. Additional work relating to hurricane warning or alert at the Project site will be
addressed by a Change Order in accordance with Section 38, General
Conditions.
51.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the
Contractor to additional Contract Time as noncompensable, excusable delay,
and shall not give rise to a claim for compensable delay.
52. Cleaning Up; City's Right to Clean Up:
Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its operations. At the completion of the Project,
Contractor shall remove all its waste materials and rubbish from and about the Project
as well as its tools, construction equipment, machinery and surplus materials. If
Contractor fails to clean up during the prosecution of the Work or at the completion of
the Work, City may do so and the cost thereof shall be charged to Contractor. If a
dispute arises between Contractor and separate contractors as to their responsibility for
cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as Consultant shall determine to be just.
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 45
53. Removal of Equipment:
In case of termination of this Contract before completion for any cause whatever,
Contractor, if notified to do so by City, shall promptly remove any part or all of
Contractor's equipment and supplies from the property of City, failing which City shall
have the right to remove such equipment and supplies at the expense of Contractor.
54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
In connection with the performance of the Services, the Contractor shall not exclude
from participation in, deny the benefits of, or subject to discrimination anyone on the
grounds of race, color, national origin, sex, age, disability, religion, income or family
status. Additionally, Contractor shall comply fully with the City of Miami Beach Human
Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from
time to time, prohibiting discrimination in employment, housing, public accommodations,
and public services on account of actual or perceived race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, marital and familial
status, age, disability, ancestry, height, weight, domestic partner status, labor
organization membership, familial situation, or political affiliation.
55. Proiect Records:
City shall have the right to inspect and copy, at City's expense, the books and records
and accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor; and to conduct an audit of the financial
and accounting records of Contractor which relate to the Project and to any claim for
additional compensation made by Contractor. Contractor shall retain and make
available to City all such books and.records and accounts, financial or otherwise, which
relate to the Project and to any claim for a period of three (3) years following Final
Completion of the Project. During the Project and the three (3) year period following
Final Completion of the Project, Contractor shall provide City access to its books and
records upon seventy-two (72) hours written notice.
56. Performance Evaluations:
An interim performance evaluation of the successful Contractor may be submitted by the
Contract Administrator during construction of the Project. A final performance evaluation
shall be submitted when the Request for Final Payment to the construction contractor is
forwarded for approval. In either situation, the completed evaluation(s) shall be
forwarded to the City's Procurement Director who shall provide a copy to the successful
Contractor. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Contractor for future bids with the City.
57. 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 bid must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
a. The chemical name and the common name of the toxic substance.
b. The hazards or other risks in the use of the toxic substance, including:
i. The potential for fire, explosion, corrosion, and reaction;
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 46
ii. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as being
aggravated by exposure to the toxic substance; and
iii. The primary routes of entry and symptoms of overexposure.
c. The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the toxic
substances, including appropriate emergency treatment in case of overexposure.
d. The emergency procedure for spills, fire, disposal, and first aid.
e. A description in lay terms of the known specific potential health risks posed by
the toxic substance intended to alert any person reading this information.
f. 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.
58. Environmental Regulations:
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete
history of all citations and/or violations, notices and dispositions thereof. The
nonsubmission of any such documentation shall be deemed to be an affirmation by the
Bidder that there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening date
and during the time of performance of any contract awarded to it.
59. "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, WHO SHALL FORWARD SAME TO CONSULTANT.
/--
ITB-2018-124-WG BUILDING&SPECIALTY TRADE CONTRACTORS Page 47
ATTACHMENT A
RESOLUTION COMMISSION ITEMS AND COMMISSION
MEMORANDUM
Coversheet Page 1 of 3
• Competitive Bid Reports-C2 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L.Morales,City Manager
DATE: April 11,2018
SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB)
NO. 2018-124-WG FOR BUILDING AND SPECIALTY TRADE CONTRACTORS FOR MINOR
PROJECTS.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida to approve the City
Manager's recommendation pertaining to the bids received, pursuant to ITB 2018-124-WG, Building and Specialty Trade
Contractors for Minor Projects.
ANALYSIS
It is important that the City maintain a list of qualified, licensed contractors that can quickly respond to the
maintenance, repair and construction needs of City facilities.Accordingly, on April 18, 2017, the Mayor and City
Commission approved the award of contracts to a number of trade specialties under Invitation to Bid (ITB)2017-
049-WG for General, Building and Specialty Trade Contractors for Minor Projects. However, no bids (or an
insufficient number)were received for several of the trade categories under that ITB. In an effort to supplement
the pool of pre-qualified firms awarded under ITB 2017-049-WG, the Administration opted to solicit additional
bids through ITB 2018-124-WG.
The intent of the ITB was to supplement the City's current list of pre-qualified firms, on the basis of licensure,
experience and insurance, from whom the City could request quotes at the time a need is identified. Due to the
restrictions stipulated in Florida statutes, the value of project services acquired through this ITB cannot exceed
$300,000 for construction projects or$75,000 for electrical projects.
ITB PROCESS
ITB No. 2018-124-WG, was issued on December 26, 2017, with a bid opening date of February 16, 2018. One
(1) addenda was issued. The Procurement Department issued bid notices_to 468 companies utilizing
www.publicpurchase.com website and 193 companies via email notification. The noticed resulted in the receipt
of seven (7) responsive bids from: AGC Electric, Inc., Azulejo, Inc., D.A.C. Air Conditioning Corp., Enterprise
Electrical Contracting, Inc., Master Mechanical Services, Inc., Pipeline Plumbing Services of Broward, Inc. and
Waypoint Contracting, Inc. as indicated in Attachment A.
The ITB stated that the City may award work on: 1) a time and materials basis in accordance with hourly rates
and administrative mark-ups offered 2) that In lieu of a time and materials order, the project/contract manager
may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Through the
ITB,the City sought responses for the following categories.
Building Contractor BLDG 0002 Lathing and Plastering
Canvas Awning BLDG 0008 Master Electrician
Concrete Slab Sawing & Core Master Burglar Alarm
Drilling BLDG 0013 Master.Plumber
Decorative Concrete & Masonry Master Lawn Sprinkler
Fence BLDG 0027 Master Pool Maintenance '
Demolition BLDG 0015 (unlimited)
Door BLDG 0016 Master Swimming Pool Piping
Drywall BLDG 0017 Master Air Conditioning Unlimited
Fence BLDG 0018 Master Gasoline Tank and Pump
Finish Carpentry BLDG 0053 Master General Mechanical
Flooring BLDG 0020 Painting
https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Iteral... 12/4/2018
Coversheet Page 2 of 3
Garage and Industrial Door BLDG Plumbing Maintenance'
0022 Roof
Glass and Glazing BLDG 0023 Roof Deck
Gypsum Drywall Installer BLDS Structural Steel Erection
0098 Swimming Pool
Gypsum Drywall Finisher BLDS
0099
Insulation and Acoustical Tile BLDG
0025
Attachment A indicates the areas of work for which the bidders have submitted bid. All bids received have been
deemed responsive.
CONCLUSION
After considering the bids received and the evaluation by staff, pursuant to ITB 2018-124-WG, I recommend that
the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of all responsive,
responsible bidders for both the time and materials and pre-qualified pool award options, and further authorize
the Mayor and City Clerk to execute contracts as follows for the listed categories:
Building Contractors Insulation and Acoustical Tile
Azulejo, Inc. Azulejo, Inc.
Waypoint Contracting Inc.
Concrete Slab Sawing and Core Lathing and Plastering
Drilling
Azulejo, Inc. Azulejo, Inca
Waypoint Contracting Inc.
Demolition Contractors Master Air Conditioning '
Azulejo, Inc. D.A.C.Air Conditioning Corp.
Waypoint Contracting Inc.
Door Gypsum drywall Finisher
Azulejo, Inc. Waypoint Contracting Inc.
Drywall Master Electrician
Azulejo, Inc. AGC Electric Inc.
Waypoint Contracting Inc. Enterprise Electrical Contracting,
Inc.
Fence Master General Mechanical
Azulejo, Inc D.A.C.Air Conditioning Corp.
Flooring Gypsum Drywall Installer
Azulejo, Inc Waypoint Contracting Inc.
Glass and Glazing Roof Deck
Azulejo, Inc Azulejo, Inc
Plumbing Maintenance Master Plumber
Master Mechanical Services, Inc Master Mechanical Services, Inc.
Pipeline Plumbing Services of Pipeline Plumbing Services of
Broward Inc. Broward Inc.
KEY INTENDED OUTCOMES SUPPORTED
Build And Maintain Priority Infrastructure With Full Accountability
FINANCIAL INFORMATION
All expenditures pursuant to this contract will be based on approved funding appropriated to the respective
department's budget. Grant funding will not be utilized for this project.
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Coversheet Page 3 of 3
Legislative Tracking
Property Management/Procurement
ATTACHMENTS:
Description
D Attachment A
•
https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Iteml... 12/4/2018
ITEMS: VE400649 ME VENDOR NAME :`_- VENDOR NAM E ` i's- VENDOR NAME VENDORNAME VEN00RNAME . VENDOR NAME.
• Enterprise Electrical .. .Pipeline Numbing Services of ,Waypoint4Contractinglee.
AGC Electric Inc. Az I J Inc. 307 DAC.Ah Conditioning Corp. ComrecWMaster Mechanical Service Inc.15181 B rd lnc..-
125 1324 NW 29 Street Miami
2660 W 79th Street, NW10th7rraa Hallandale 124400w 158th Street,Ste 6 Miami' 1740 NW69 69 Aye, NW77PUn en Fi FL NW 175veet Boca Fl 33142 Katrina I
Contact PersONPhlEmail Hialeah,FL 33016 .Beach,FL 73009 Lords FL 33196 Mario Diaz Miami FL 33126 "33054 Soan Pinna Ratan,FL73472,. Frederick Gonzalez, 78fi 608•
'- Tomas Curbelp 305+ Quintana 305895• 786293.8009 ,..,44 ndar YgrmakOY 305 3050253004
823.2280 AGC@ gceaotele 550• 41101eyvisqdazukJoinc.com marlo@dacair.net 884/65402 'info&nasteeeoeha i alservices coli :Schilling Jr. 088922-5756 •
14176
alexy@amerpNseelttMcalnet mybackflow@ATT.net •kgonzalez@wayp intdl.com
Master BecMtlan ELEC 0001 Building Contractor BLDG 0002 Master Air Conditioning Unlimited Master Bectrkhn ELEC 0001 Master Number PLUM 0001 Master Plumber PLUM 0001 Building Cantramar BLDG 0002
MECH 0003
Hourly Rate-Regular S 45.00 5 4500 $ 14000 $ 55.00 $ 97.50 $ 63.00 $ 86.54
Hourly Rate-Non Regular S 6250 S 55.00 S 21000 S 8250.00 $ 120.00 5 6.00 5 151.45
Supplies&Material 10% 15% 18% 15% 20% 8.75% 18%
TOTAL Labor.Supplies&Materials ' $ 8500.00 S 8,475.00 S 18,650.00 5 10025.00 S 15,150.00 5 10278.75 5 14.62400
Pre-qualification Requested Yes Yes Yes Yes Yes Yes Yes
Banding Capacity S10M Aggregate 520M $25MAggreagle S6M 55M 56M 53M Aggregate S6M Nal Applcable 52M Aggregate 55M
Marcia.Order Accepted No N'dmum S 70.90000 $ 1.500.00 5 500.00 Na Minimum 5 10000 $ 5.000,00
•
Concrete Slab Sawing O Care Master General Mechanical MECHMacYr Lawn Sprinkler PLUM
Drilling BLDG 0013 0001 Plumbing Maintenance PLUM 0004 0003 Demdtion BLDG 0015 '
Hourly Rate-Regular $ 80.00 $ 140.00 $ 9750 5 6300 $ 86.54
Hourly Rate-Non Regular S 11090 5 21000 S 120.00 S 63.00 5 151.45
Supplies&Material 25% 18% 20% 8.75%. 18%
TOTAL Labor,Supplies&Materials S 13.32500 S 18,650.00 5 15,75400 5 10.27875 $ 14.62400
Pre-qualilcaeen Requested Yes Yes Yes Yes Yes
Bonding Capacity 52.5MAggreagte 56M 55M $3M Aggregate$60 Not Applcable S2B00015 ate$50 '
Mi5mim Order Accepted 5 10000.00 S 1,500.00 No Minimum 5 20000 $ 5000.00
Demolition BLDG 0015 Master Swimming Peet Piping Drywal10017
PLUM 0010
Hourly Rate-Regular $ 40.00 S 6.00 $ 86.54
Hourly Rate-Non Regular S 5000 5 63.00 5 151.45
Supplies&Material 10% 8.75% 18%
TOTAL Labor,Supplies&Materiels 5 7,750.00 5 10278.75 5 14,624.00
Prequali5ea5an Requested Yes ' Yes Yes
Bonding Capacity 52.5M Aggreag1556M Not Applicable 029 Aggregate$50
Menlo)Order Accepted S 10000.00 S 200.00 $ 5000.00
Door BLDG 0016 , • Plumbing Maintenance PLUM Gypsum Drywall Installer BIDS
0004 0098
Hourly Rate-Regular $ 6.00 5 6.00 S 86.54
Hourly Rate-Non Regular 5 7000 5 . 6.00 5 15145
Supplies&Materal 20% 8.75% 18%
TOTAL Labor.Supplies&Materials 5 11,06010 5 1027875 5 14.62400
Pre-quadcatio0 Requested Yes Yes Yes
Bonding Capacity $2.SMAggreagle S6M Not Applcable 52M Aggregate 55M
ITEMS VENDOR NAME VENDOR NAME ' VENDOR NAME = a VENDOR NAME VENDOR NAME VENDOR + VENDOR NAME,
_
Mirimim Order Accepted 5.. 20.00000 5 20000 S 5_000_00
Drywa110017 Gypsum Otywall Finisher BLDS
0.0.99
Reedy Rate-Reqular $ 55.00 $ 88.54
Hourly Rate.Non Regular 5 65005 151.45
Supplies&Material 20% 18%
TOTAL Labor.Supplies&Materials 5 080000 S 14,624.00
Pre-qualification Requested Yes Yes
Bonding Capacity S2.5M Aggreagle S6M S2M Aggregate$58
MiNmim Order Accepted S 10000.00 $ 5.000.00
—
Fence BLDG 0018 Lathing and Plastering BLDG
0026
Hourly Rate-Regular $ 60.00 S 66.51
Hourly Rate-Non Regular S 7500 5 151.45
Supplies&Material 30% 10%
TOTAL Labor,Supplies&Materials S 10,71000 5 14.624.00
Pre-qualification Requested Yes Yes
Bonding Capacity 525MAggreagte S618 S2M Aggregate S94
Minimim Order Accepted S 40200.00 S 5,000.00
Flooring BLDG 0020
Hourly Rate-Regular $ 48.00
Hourly Rate-Non Regular S 00.00
Supplies&Material 10%
TOTAL Labor.Supplies&Materials $ 0.75020
Prequalifica5on Requested Yes
Bonding Capacity S2.5M Aggreagle S6M
Mininlim Order Accepted 5 30,000.00
Glass and Glazing BLDG 0023 _
Hourly Rate.Regular _ _ $ 70.00
Hourly Rate-Non Regular _ 5 95.00
Supplies&Material 20%
TOTAL Labor.Supplies&Materials S 11500.00 _
Pre-qualification Requested Yes
Bonding Capacity 525M Aggreagle SEM
MiAmim Order Accepted $ 4020020
Insulation and Acoustical The BLDG
0025
Hourly Rate-Regular 5 55.00
Hourly Rate-Non Regular $ 70.00
Supplies&Material 20%
ITEMS ' VENDOR NAME VENDOR NAME' gVENDOR NAME VENDOR NAME VENDOR NAME . VENDOR NAME VENDOR NAME
TOTAL Labor,Supplies&Materials S 990000 w — -
Pre-qualification Requested Yes
Bonding Capacity 52.5M Aggreagle SBM
MiAmim Order Accepted S 20000.00
LatMng and PLsstedng BLDG 0026
•
Hourly Rate-Regular S 55.00
Hourly Rate-Non Regular 5 7000
Supplies&Material 20%
TOTAL Labor,Supplies&Material 5 9,900.00
Pre-qualification Requested Yes
Bonding Capacity 52.5M Aggreagl SBM
Minimim Order Accepted S 2560000
Roof Deck BLDG 0046
Hourly Rate-Regular S 65.00
Hourly Rate-Non Regular S 9000
Supplies&Material 202,
TOTAL Labor.Supplies&Materials S 51,30000
Pre-qualificaeon Requested Yes
Bonding Capacity 52.5MAggreegm SSM
Mnimim Order Accepted5 30,000.00
•
•
•
•
ATTACHMENT B
INVITATION TO BID (ITB)
AND ADDENDUMS
1
MIAMIBEACH
City of Miami Beach,1755 Meridian Avenue,3`d Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel 305-673-7490.
ADDENDUM NO. 1
ITB 2018-124-WG
Building and Specialty Trades for Minor Projects
• February 6, 2018
•
• This Addendum to the above-referenced ITB is issued in response to questions from prospective
bidders, or other clarifications and revisions Issued by the City. The ITB Is amended in the following
particulars only.
• I. REVISIONS
1. ITB DUE DATE AND TIME. The deadline for thereceipt of bids is extended until 3:00
P.M., on Friday, February 16, 2018, at the following location.
n
City of Miami Beach
' Procurement Department
1755Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
.. Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for
traffic or other delays for which the Bidder is solely responsible. •
2. DEADLINE FOR RECEIPT OF QUESTIONS. The deadline for receipt of questions is
extended until January 31, 2018 @ 5:00PM .
H. ATTACHMENTS
EXHIBIT A Pre-Bid Meeting Sign In Sheet
APPENDIX G Sample.Mater Agreement and Contractor Service Order
III. ANSWERS TO QUESTIONS RECEIVED
Q1) I am Certified General Contractor.Can I bid projects under this program?
Al) This ITB is for the award of Building and Specialty Trades contractors. If as a General
Contractor, you are licensed to perform any of the requested specialty trades and
meet the minimum requirements of this ITB you may submit a bid for each specialty
trade for which you qualify.
Q2) If a project requires the preparation of signed and sealed plans, how will the successful
contractor be reimbursed for that cost?
A2) Signed and sealed plans will not be requested as part of this ITB.
Any questions regarding this Addendum should be submitted in writingto the Procurement
Management Department to the attention of the individual named below, with a copy to the City
1
•
Clerk's Office at RafaelGranado(a�miamibeachfl.gov.
Procurement Contact: Telephone: Email:
William Garviso 305-673-7000, ext. 6650' WilliamGarviso@miamibeachfl.gov
Bidders are reminded to acknowledge receipt of this addendum as part of\your ITB submission.
Since
Alex :se
•
Pro ement Director
•
•
2
EXHIBIT A
PRE-BID MEETING SIGN IN SHEET
•
3
•r
AA AM I BEACH
CITY OF MIAMI BEACH
PRE- BID MEETING
SIGN-IN SHEET
DATE: January 18, 2018
TITLE: ITB 2018-124-WG Building and Specialty Trade Contractors for Minor Projects
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• M1AMIBEACH
CITY OF MIAMI BEACH
• • PRE-BID MEETING
SIGN-IN SHEET
DATE: January 18, 2018
TITLE: • ITB 2018-124-WO Building and Specialty Trade Contractors for Minor Projects
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APPENDIX G
SAMPLE MASTER AGREEMENT AND CONTRACTOR SERVICE ORDER
•
•
•
4
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal
corporation of the State of Florida ("City"), and (Vendor Name). ("Contractor").
WIT N E S S E T H, that Contractor and City, for the considerations hereinafter named,
agree as follows:
ARTICLE 1
SCOPE OF WORK •
Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the Work described in the Contract Documents, including
Exhibit D-Supplemental Terms and Conditions, and any Contractor Service Order issued to
Contractor for any Project hereunder, and shall perform all Work in accordance with the
requirements of the Contract Documents, for the following catagories:
Roofing Contractor
ARTICLE 2
CONTRACT TIME •
2.1 This contract shall remain in effect for three (3) years from date of contract execution by
the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract,
at the sole discretion of the City Manager, for two (2) renewal periods of one (1) year
each.
2.2 Contractor shall commence the Work upon written notice to proceed in the form of a
Purchase Order issued by the City, and a Contractor Service Order signed by either the
City Manager or the Department Director ordering the Work, specifying the specific tasks
to be performed by the Contractor for any Project. A separate Contractor Service
Order shall be required prior to commencement of any Work on any Project.
Contractor shall commence scheduling activities, permit applications and other
preconstruction work within five (5) calendar days after receipt of Purchase Order, which
date shall establish the Project Initiation Date. The Purchase Order will not be issued
until Contractor's submission to City of all required documents (including but limited to:
Payment and Performance Bonds, and Insurance Certificate) and after execution of the
Contract by both parties. . Contractor shall have no entitlement to perform (or be
compensated for). any Work under this Agreement, unless such Work is authorized, at
the City's sole discretion, by a Contractor Service Order.
2.2.1. The receipt of all necessary permits by Contractor and acceptance of the full
progress schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to the
5
issuance of a Purchase Order to mobilize on any Project site and commence
with physical construction of the Work.
2.3 Time is of the essence throughout this Contract. Unless otherwise specified in a
Contractor Service Order, any project awarded to the Contractor pursuant to this
Agreement shall be substantially completed within thirty (30) calendar days from the
issuance of the City-approved Contractor Service Order ("Contractor Service Order") or
accompanying Purchase Order (whichever is later), or as otherwise specified in the
Contractor Service Order, and completed and ready for final payment in accordance with
Article 5 within thirty (30) calendar days from the date determined by Consultant or the
City as the date of Substantial Completion.
• 2.4 Unless otherwise specified in a Contractor Service Order for any particular Project, upon
failure of Contractor to substantially complete the Work within the time specified for
Substantial Completion in any Contractor Service Order, plus any approved time
• extensions, Contractor shall pay to City the sum of one hundred dollars ($100.00) for
each calendar day of delay in achieving Substantial Completion. Contractor
acknowledges and agrees that the foregoing amounts are not• penalties but are
liquidated damages to City for its inability to obtain full beneficial occupancy and/or use
of the Project. Unless otherwise specified in a Contractor Service Order, liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by
City as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure
of Contractor to complete the Contract on time.
2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the
Work under this Contract or as much thereof as City may, in its sole discretion, deem
just and reasonable.
2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages,
for all costs incurred by Consultant in administering the construction of the Project
beyond the completion date specified above, plus approved time extensions. Consultant
construction administration costs shall be pursuant to the contract between City and
Consultant, a copy of which is available upon request of the Contract Administrator. All
such costs shall be deducted from the monies due Contractor for performance of Work
under this Contract by means of unilateral credit change orders issued by City as costs
are incurred by Consultant and agreed to by City.
ARTICLE 3
ASSIGNMENT OF WORK
In consideration of the Work to be provided hereunder, Contractor shall be compensated
on Time and Material basis or as a Lump Sum basis, as specified in the Contractor Service
Order.
6
3.1 TIME AND MATERIAL BASIS
The City may award work on a time and materials basis in accordance with hourly rates
offered. The Project Manager shall select the contractor deemed to be best qualified for
the project. In doing so, the criteria specified in Section 2-369 of the City Code may be
considered. In the event that the contractor with the lowest cost is not selected, the
reason(s) shall be documented on the purchase requisition.
3.1.1 For parts and materials ordered under this option, vendors shall provide quotes
or invoice, as determined by the Contract Manager, based on the cost of parts '
• and materials plus the agreed to mark-up. In determining cost of materials to
which the mark-up may be applied, the contracting officer may require the
vendor to provide actual cost of parts and materials (i.e. contractor's invoice,
MSRP, etc.).,
•
• 3.2 LUMP SUM BASIS
In lieu of a time and materials order, the project/contract manager may request quotes
from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive,
responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified
Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form
at the time of submission. At its own expense, the contractor shall visit the site and
prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other
costs. Each quote prepared by the contractor shall include an acceptable description of
the nature, extent and character of the work required, as well as performance and
delivery schedules. In the alternative, project managers may require an itemized
breakdown of the lump sum amounts.
3.2.1 For projects with an estimated cost up to the 'amount specified in City
Procedure P016.02, Threshold Category 1 (currently $10,000 or as amended),
the project/contract manager may select the contractor deemed to be best
qualified.
3.2.2 For projects with an estimated cost exceeding the amount specified in City
Procedure P016.02, Threshold.Category 1 (currently$10,000 or as amended),
the project/contract manager shall solicit three quotes. Following the
determination of the best quote, in the Department's Director sole discretion, a
Contractor Service Order shall be executed for the project, (see section 5.3),
prior to issuing a Purchase Order. The City Manager's approval, along with a
justification, is also required when the contractor offering the lowest cost is not
selected.
3.2.3 For projects $50,000 or greater, the City Manager's approval is required and a
Contractor Service Order shall be executed for the project. The City Manager's
approval, along with a justification, is also required when the contractor offering
the lowest cost is not selected.
3.2.4 Contractor shall be instructed to commence the Work by written instructions as •
further detailed in Section 3.3. Contractor shall commence scheduling
7
activities, permit applications and other preconstruction work within five (5)
calendar days after receipt of Purchase Order, which date shall establish the
Project Initiation Date.
3.3 PERFORMANCE AND PAYMENT BOND
• The City will require_a performance and payment bond for any project in excess of
$200,000. Within ten (10) calendar days of City execution of the Contractor Service
Order, Contractor shall furnish a Performance Bond and a Payment Bond containing all
the provisions of the Performance Bond and Payment Bond attached hereto as forms
00710 and 00720.
3.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the
Contractor Service Order, guaranteeing to City the completion and performance
of the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. The City may
•
accept a Performance Bond and Payment Bond from a surety company which
has twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is otherwise
in compliance with the provisions of the Florida Insurance Code, and if the surety
company holds a currently valid certificate of authority issued by the United
States Department of the Treasury under Section,9304 to 9308 of Title 31 of the
United States Code, as may be amended from time to time. The Certificate and
Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and
also with the Performance Bond and Payment Bond,
3.3.2 Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%) of the
Contract sum, or an additional bond shall be conditioned that Contractor will,
upon notification by City, correct any defective or faulty work or materials which •
appear within one year after Final Completion of the Contract.
3.3.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may
be amended from time to time, Contractor shall ensure that the bond(s)
referenced above shall be recorded in the public records of Miami-Dade County
and provide City with evidence of such recording.
ARTICLE 3
PROGRESS PAYMENTS
3.0 Contractor may make Application for Payment for work completed during the Project at
intervals of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount due,
8
•
together with such supporting evidence as may be required by Consultant. Contractor
shall include, but same shall be limited to, at Consultant's discretion, with each
Application for Payment, an updated progress schedule acceptable to Consultant as
required by the Contract Documents and a release of liens and consent of surety relative
to the work which'is the subject of the Application. Each Application for Payment shall be
submitted in triplicate to Consultant for approval. Upon submission of an acceptable
' updated progress schedule and the other documents required herein along with the
application for payment, City shall make payment to Contractor with respect to approved
Applications for Payment, less retainage as herein provided for and/or withholding of any
other amounts pursuant to the Contract Documents, within twenty-five (25) days in
accordance with Section 218.735 of the Florida Statutes.
3.1 At the City's discretion, if specified in a Contractor Service Order, ten percent (10%) of
all monies earned by Contractor may be retained by City until Final Completion and
acceptance by City in accordance with Article 5 hereof, except that after fifty percent
(50%) of the Work has been completed, the Contract Administrator shall reduce the
retainage to five percent (5%) of all monies previously earned and all monies earned
thereafter. Any additional reduction in retainage shall be in the sole discretion of the City
Manager or applicable Department Director provided that Contractor shall have no
entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit
of City. All requests for retainage reduction in writing in a separate stand-alone
document from monthly applications for payment.
3.2 City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:,
3.2.1 Defective work not remedied.
3.2.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's perforrnance.
3.2.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
3.2.4 Damage to another contractor not remedied.
3.2.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
4.3.6 Failure of Contractor to provide any and all documents required by the Contract
Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 4 •
ACCEPTANCE AND FINAL PAYMENT
4.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection
and acceptance, City shall, within ten (10) calendar days, make an inspection thereof. If
9
•
City and Contract Administrator find the Work acceptable, the requisite documents have
been submitted and the requirements of the Contract Documents fully satisfied, and all
conditions of the permits and regulatory agencies have been met, a final payment shall
be made by the City. The acceptance of final payment shall constitute a waiver of all
claims by Contractor, except those previously made in strict accordance with the
provisions of the General Conditions and identified by Contractor as unsettled at the time
of the application for final payment.
ARTICLE 5 •
MISCELLANEOUS
5.1 A. The term "Contract Documents" as referenced herein shall include "Contract
Documents" shall mean this Contract (together with all exhibits, addenda, Contractor
Service Orders and written amendments issued thereto), and all Design Documents and
• Construction Documents. The Contract Documents shall also.include, without limitation
Ii (together with all exhibits, addenda, and written amendments issued thereto), the
Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, surety payment bond
and performance bond, Special Conditions, and Contractor's response to the ITB. The
requirements of the Contract. Documents, as such term 'is defined herein, are hereby'
incorporated by reference as if fully set forth herein. This Contract is part of, and
incorporated in, the Contract Documents. Accordingly, all of the documents
incorporated by the, Contract Documents shall govern any Contractor Service Order
issued under this Contract.
•
B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies,
tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and
conditions thereof, 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 services that are necessary or appropriate for the
total construction, installation, and functioning of the Project specified in any Contractor
Service Order, 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.
5..2 • Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent provision elsewhere in the Contract Documents or under any
applicable law, regulation, statute or code requirement which is applicable to this Project,
the more stringent provision shall prevail and govern the performance of the Work.
6.3, Public Entity Crimes .
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid
on a contract to provide any goods or services to the City, may not submit a bid on a
contract with the City for the construction or repair of a public building or public work,
may not submit bids on leases of real property to the City, may, not be awarded or
10
1 1
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
the City, and may not transact any business with the City in excess of the threshold
amount provided In Section 287.017, Florida Statutes,for category two purchases for a
period of 36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the City purchase and may
result in Contractor debarment.
6.4 Independent Contractor
Contractor is an independent contractor under this Contract. Services provided by
Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In
providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
6.5 Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
• based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified.
The place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties designatethe
following:
For City:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue
Miami Beach, Florida 33139
Attn: Alex Denis, Director
With copies to:
City Attorney
City of Miami Beach •
1700 Convention Center Drive
Miami Beach, Florida 33139
11
For Contractor:
VENDOR NAME
ADDRESS
ADDRESS
Attn:
• Phone:
Email:
6.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any portion of
the work required by this Contract except as authorized by Section 27 of the General
Conditions. Contractor represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience, education, or
a combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Work and to provide and perform such services to
City's satisfaction for the agreed compensation.
Contractor shall perform its duties, obligations, and services under this Contract in a
skillful and respectable manner. The quality of Contractor's performance and all interim
and final product(s) provided to or on behalf of City shall be comparable to the best local
and national standards.
6.8 Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Contract and,
therefore, is a material term hereof.
City's failure to enforce ahy provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
6.9 Severance
In the event a,portion of this Contract is found by a court of competent Jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
6.10 Applicable Law and Venue
•
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L
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement,of same shall lie in Miami-Dade
County, Florida. By entering into this Contract, 'Contractor and City hereby
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. Contractor shall specifically bind
all subcontractors to the provisions'of this.Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City and Contractor.
•
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance
with Section 6.11 above.
6.13 Indemnification •
Contractor shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by
Contractor in the performance of this Agreement. Except as specifically provided herein,
this Agreement does not require Contractor to indemnify City, its employees, officers,
directors, or agents from any liability, damage, loss, claim, action, or proceeding. These
indemnifications shall survive the term of this Agreement. In the event that any action or
proceeding is brought against City by reason of any such claim or demand, Contractor
shall, upon written notice from City, resist and defend such action or proceeding by
counsel satisfactory to City.
The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions
of every name and description covered by Section 6A above which may be brought
against City whether performed by Contractor , or persons employed or utilized by
Contractor.
6.14 Inspection of Work
Consultant and City shall at all times have access to the Work, and Contractor shall
provide proper facilities for such access and for inspecting, measuring and testing.
13
6.14.1 Should the Contract Documents, Consultant's instructions, any laws, ordinances,
or any public authority require any of the Work to be specially tested or approved,
Contractor shall give Consultant timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority other than City,
timely notice shall.be given of the date fixed for such testing. Testing shall be
made promptly, and, where practicable, at the source of supply. If any of the
Work should be covered up without approval or consent of Consultant, it must, if
• required by Consultant, be uncovered for examination and properly restored at
Contractor's expense.
6.14.2 Re-examination of any of the Work may be ordered by Consultant with prior
written approval by the Contract Administrator, and if so ordered, the Work must
be uncovered by Contractor. If such Work is found to be in accordance with the
Contract Documents, City shall pay the cost of reexamination and replacement
by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
Inspectors shall have no authority to permit deviations, from, or to relax any of the
provisions of, the Contract Documents or to delay the Contract by failure to inspect the
materials and work with reasonable promptness without the written permission or
instruction of Consultant.
The payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by Contractor to any inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute
a breach of this Contract.
6.15 Termination
Termination for Convenience.iln 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 Contractor. The City shall effectuate such Termination for Convenience by
delivering to the Contractor a Notice of Termination for Convenience, specifying the
applicable scope and effective date of termination, which termination shall be deemed
operative as of the effective date specified therein without any further written notices
from the City required. Such Termination for Convenience shall not be deemed a
breach of the Agreement, and may be issued by the City with or without cause.
6.15.1 Upon receipt of such Notice of Termination for Convenience from the City, and
except as otherwise directed by the City, the Contractor shall immediately
proceed with the following obligations, regardless of any delay in determining or
adjusting any amounts due under this Section 6.15:
i. Stop the Work specified as terminated in the Notice of Termination for
Convenience;
14
H. 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 cancel'ations;
iii. Immediately deliver to the City all Project records, in their
original/native electronic format(i.e. CAD, Word, Excel, etc.), any and
all other unfinished documents, and any and all warranties and
guaranties for Work, equipment or materials already installed or
purchased;
iv. If specifically directed by the City in writing, assign to the City all right,
title and interest of Contractor under any contract, subcontract and/or
purchase order, in which case the City shall have the right and
obligation to settle or to pay any outstanding claims arising from said
• contracts, subcontracts or purchase orders;
v. Place no further subcontracts or purchase orders for materials,
services, or facilities, except as necessary to completethe 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 Contractor's
possession and in which the City has or may acquire an interest; and
ix. Complete performance of the Work not terminated (if any).
6.15.2 Upon issuance of such Notice of Termination for Convenience, the Contractor
shall only be entitled to payment for the Work satisfactorily performed up until the
date of its receipt of such Notice of Termination for Convenience, but no later
than the effective date specified therein. Payment for the Work satisfactorily
performed shall be determined by the City in good faith, in accordance with the
percent completion of the Work, less all amounts previously paid to the
Contractor in approved Applications for Payment, the reasonable costs of
demobilization and reasonable costs, if any, for canceling contracts and
purchase orders with Subcontractors to the extent such costs are not reasonably
avoidable by the Contractor.
15
Contractor shall submit, for the City's review and consideration, a final
termination payment proposal with substantiating documentation, including an
updated Schedule of Values, within 30 days of the effective date of termination,
unless extended in writing by the City upon request. Such termination amount
shall be mutually agreed upon by the City and the Contractor and absent such
agreement, the City shall, no less than fifteen (15) days prior to making final
• payment, provide the Contractor with written notice of the amount the City
intends to pay to the Contractor. Such final payment so made to the Contractor
shall be in full and final settlement for Work performed under this Agreement,
except to the extent the Contractor disputes such amount in a written notice
delivered to and received by the City prior to the City's tendering such final
payment.
6.16. Termination of Agreement For Cause.
The City, through the City Manager, may terminate this Agreement for cause, upon
written notice to Contractor, in the event that the Contractor (1) violates any provision of
this Agreement or performs same in bad faith; (2) unreasonably delays the performance
of the Work or any portion thereof; or (3) does not perform the Work or any portion
thereof in a timely and satisfactory manner. In the case of termination for cause by the
City, the Contractor shall first be granted a fifteen (15) day cure period (commencing
upon receipt of the initial written notice of default from the City). The following
occurrences shall be deemed sufficient grounds for terminationfor cause;
•
6.16.1. Failing to make payments to Subcontractors or Suppliers for materials or labor in
accordance with the respective Subcontracts and Purchase Orders;
6.16.2. Failing to perform any portion of. the Work in a manner 'consistent with the
requirements of the Contract Documents or within the time required therein;
6.16.3. 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 Work
within the specified time;
6.16,4. 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;
6.16.5.A custodian, trustee or receiver is appointed for the Contractor, or the
Contractor becomes insolvent or bankrupt, is generally not paying its debts as
they become due or makes an assignment for the benefit of creditors, or the
Contractor causes or suffers an order for relief to be entered with respect to it
under applicable Federal bankruptcy law or applies for or consents to the
appointment of a custodian, trustee or receiver for the Contractor, or
bankruptcy, reorganization, arrangement or insolvency proceedings, or other
proceedings for relief under any bankruptcy or similar law or laws for the relief
of debtors, are instituted by or against the Contractor;
• 16
•
6.16.6.An indictment is issued against the Contractor;
6.16.7.Persistently disregarding laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
6.16.8. Fraud, misrepresentation or material misstatement by Contractor in thecourse of
• obtaining this Agreement;
6.16.9. Failing to comply in any material respect with any of the terms of this Agreement or
the other Contract Documents.
Upon the issuance of a Notice of Termination for Cause, the Contractor shall:
i. Immediately deliver to.the City all Submittals and Project-related records
in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any
and all other unfinished documents, and any and all warranties and
guaranties for Work, equipment or materials already installed or
purchased;
ii. If specifically directed by the City in writing, assign to the City all right,
title and interest of Contractor under any contract, subcontract and/or
purchase order, in which case the City shall have. the right and
obligation to settle or to pay any outstanding claims arising from said
contracts, subcontracts or purchase orders;
iii. As directed by the City, transfer title and deliver to the City (1) the
, fabricated and non-fabricated parts, Work 'in progress, completed
Work, supplies and other material produced or required for the Work
terminated; and (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 property related to this
Agreement that is in the Contractor's possession and in which the City
has or may acquire an interest.
The rights and remedies of the.City under this Section shall apply to all defaults 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. The City reserves the right, in lieu of termination
as set forth herein, to withhold any payments of money which may be due or become due to the
Contractor until said defaults have been remedied. In no event shall Contractor be entitled to
any compensation for anticipatory profits or consequential damages as a result of the
discontinuance of any portion of the Work, or termination of this Contract. In the event It is
determined, for any reason, that Contractorwas not in default under 'the provisions of this
Section, then the City's notice of termination for default shall automatically be treated as a
termination for convenience, and the rights and obligations of the City and Contractor shall be
the same as if the notice of termination had been issued pursuant to the termination for
convenience clause contained in Section 6.15. The Contractor shall have no further recourse of
any nature against the City for any wrongful termination. •`
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6.17 Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
[Remainder of Page Intentionally Left Blank]
18
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
ATTEST: THE CITY OF MIAMI BEACH
City Clerk Mayor
Attest: VENDOR NAME
Signature/Secretary Signature/President
.
Print Name Print Name
19
EXHIBIT A
CONTRACTOR SERVICE ORDER
Contractor Service Order No. _ .
TO:
PROJECT NAME: Project Name
DATE:
SCOPE OF SERVICES:
Per attached proposal dated , to be considered part of this Agreement.
Estimated calendar days to complete this work: Days
Original Service Order Amount: $
Change Order to Service Order Amount:
(ALL CHANGE—ORDERS MUST BE APPROVED IN WRITING
BY THE CITY PRIOR TO THE WORK.)
Total From Previous Change Orders to Service Orders: $
Fee for this Service Order is Lump Sum/Not to Exceed amount $
of:
Total Agreement to Date: $
City's Project Administrator Date
Department Director Date Contractor. Date
(between $10,000450,000)
City Manager Date
(exceeding$50,000)
20
MIAMI 00710
EXHIBIT B: FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor , and , as Surety, are bound
•
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of •
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a. result of default by Contractor under the
Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
, 3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety.
of the lowest responsible 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
•
21
' I
00710
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments .
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documentsand compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
22
. I
00720
EXHIBIT C: FORM OF PAYMENT BOND
BY THIS BOND, We , as. Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20. , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and •
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays. City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
•
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety(90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment..
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
23
00720
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes..
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
24
EXHIBIT D TO THE AGREEMENT
FOR TRADES SERVICES PURSUANT TO ITB 2018-124-WG
1. Definitions: Whenever the following terms.or pronouns in place of them appear in the
Project Manual, the intent and meaning shall be interpreted as follows:
1.1 Bid: shall refer to any offer(s) submitted in response,to this ITB. The terms
"Bid" and "Bid Submittal" are used interchangeably.
1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project,
acting directly or through a duly authorized representative.
1.3 Change Order: A written document ordering a change in the Contract Price or
Contract Time or a material change.
1.4 City: The City (or Owner). shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which
this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner of a construction project. In the
event City exercises its regulatory authority as a governmental body,, the
exercise of such regulatory authority and the enforcement of any rules,
regulations, laws and ordinances shall be deemed to have occurred pursuant
to City's regulatory authority as a governmental body and shall not be
attributable in any manner to City as a party to this Contract.
1.5 City Commission: City Commission shall mean the governing and legislative
body of the City.
1.6 City Manager: City Manager shall mean the Chief Administrative Officer of
the City.
1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional
Engineer that has been contracted by the City to provide professional services
for this project.
1.8 Contract: The part or section of the Contract Documents addressing some of
the rights and duties of the parties hereto, including but not limited to contract
time and liquidated damages.
1.9 Contract Administrator: The City's Contract Administrator shall mean the
individual appointed by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project. The City's Contract Administrator for the Project
shall be the Capital Projects Coordinator.
1.10 Contract Documents: The official documents setting forth bidding
information, requirements and contractual obligations for the project and
includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders,
Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms,
General Conditions, Supplementary Conditions, Plans, Drawings, Addenda,
Award by the City Commission, Bonds, Notice of Award, Notices to Proceed,
25
Purchase Order(s), Change Order(s), Field Order(s), Supplemental
Instructions, and any additional documents the submission of which is
required by the Project.
1.11 Contract Price: The original amount established in the Bid Submittal and
award by the City, as may be amended by Change Order.
1.12 Contract Time: The original time between commencement and completion,
including any milestone dates thereof, established in Article 2 of the Sample
Contract(Appendix E, attached), as may be amended by Change Order.
1.13 Contractor: The person or entity with whom the City has contracted and who
is responsible for the acceptable performance of the Work and for the
payment of all legal debts pertaining to the Work. All references in the
Contract Documents to third parties under contract or control of Contractor
shall be deemed to be a reference to Contractor.
1.14 Field Order: A written order which orders mihor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15 Final Completion: The date certified by Consultant in the Final Certificate of
Payment upon which all conditions and requirements of any permits and
regulatory agencies have been satisfied; any documents required by the
Contract Documents have been received by Consultant; any other documents
required to be provided by Contractor have been received by Consultant; and,
to the best of Consultant's knowledge, information, and belief, the Work
defined herein has been fully completed in accordance with the terms and
conditions of the Contract Documents.
1.16 Materials: Materials incorporated in this Project, or used or consumed in the
performance of the Work.
1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
1.18 Plans and/or Drawings: The official graphic representations of this Project
which are a part of the Contract Documents.
1.19 Program Manager: Not applicable.
1.20 Project: The construction project described in the Contract Documents,
including the Work described therein. With a maximum value of $300,000.00
for general construction and $75,000.00 for electrical projects.
1.21 Project Initiation. Date: The date upon which the Contract Time commences.
1.22 Resident Project Representative: Not applicable.
1.23 Responsible Bidder: An offeror who has the capability in all respects to
perform fully the contract requirements, and the integrity and reliability which
will assure good faith performance.
26
1.24 Responsive Bidder: A person or entity who has submitted a bid which
conforms in all material respects to a solicitation. A bid or proposal of a
Responsive Bidder must be submitted on the required forms, which contain all
required information, signatures, notarizations, insurance, bonding, security, or
other mandated requirements by the bid.documents to be submitted at the
time of bid opening.
1.25 Subcontractor: A person or entity having a direct contract with Contractor
including one who furnishes material worked to a special design according to
the Contract Documents, but does not include one who merely furnishes
• Materials not so worked.
1.26 Substantial Completion: The date certified in writing by Consultant, and as
fully determined by the Contract Administrator in his/her sole discretion the
work, or a portion thereof, is at a level of completion in substantial compliance
• with the Contract Documents such that all conditions and requirements of
permits and regulatory agencies have been satisfied and the Work is
sufficiently complete in accordance with 'the Contract Documents so the
Project is available for beneficial occupancy by City. A Certificate of
Occupancy or Certificate of Completion and/or other authorization from the
City acceptable to Contract Administrator must be issued for Substantial
Completion to be achieved; however, the issuance. of a Certificate of
Occupancy or Certificate of Completion or the date thereof are not to be
determinative of the achievement or date of Substantial Completion.
1.27 Surety: The surety company or individual which is bound by the performance
bona and payment bond with and for Contractor who is primarily liable, and
which'surety company or individual is responsible for Contractor's satisfactory
performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.28 Work: The construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by Contractor to
fulfill Contractor's obligations. The Work may constitute the whole or a part of
the Project.
2. Personnel Requirements: Superintendent must have at least approximately five (5)
years of experience in projects of similar design, scope, size and complexity. The
Project Manager must have at least approximately five (5) years of experience in
projects of similar design, scope, size and complexity.
2. Prosect Manual:
2.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
2.2. The Project Manual, along with.all documents that make up and constitute the
Contract Documents, shall be followed in strict accordance as to work,
27
•
performance, material, and dimensions except when Consultant may authorize,
in writing, an exception.
2.3: Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be resolved by Consultant.
Contractor shall not proceed when in doubt as to any dimension or
measurement, but shall seek clarification from Consultant.
2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project
Manual; two of which shall be preserved and always kept accessible to
Consultant and Consultant's authorized representatives. Additional copies of the
Project Manual may be obtained from City at the cost of reproduction.
3. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete
Project (or part thereof). to be constructed in accordance with the Contract Documents
and in accordance with all codes and regulations governing construction of the Project.
Any work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied by
Contractor whether or not specifically called for. When words which have a well-known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or
to the laws or regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard specification, manual, code or
laws or regulations in effect at the time of opening of bids and Contractor shall comply
therewith. City shall have no duties other than those duties and obligations expressly
'• set forth within the Contract Documents.
• 4. Preliminary Matters:
4.1. Within five (5) calendar days prior to the pre-construction meeting described in
Section 3.2, Contractor shall submit to Consultant, for Consultant's review and
acceptance, a project schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and
monthly be prepared to discuss any:
1) Proposed.changes to the Base Line schedule logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) Integration of changes Into the schedule.
The Project Schedule shall be the basis of the CONTRACTOR'S work
and shall be complied with in all respects.
If CONTRACTOR'S Work becomes more than (30) days behind schedule
CONTRACTOR shall be required to submit a "Make-Up" schedule to
PROGRAM MANAGER for review and acceptance that demonstrates
"Catch Up" within thirty (3) days. CONTRACTOR shall provide, at
28
• CONTRACTOR'S cost, the necessary additional labor and or equipment
necessary to make-up the lost time. Failure to provide a "Make-Up"
schedule or vigorously follow the "Make-Up" schedule shall be reason to
default CONTRACTOR.
4.1.1 After award but prior to the submission of the final progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility
owners and secure from them a schedule of utility relocation, provided, however,
• neither CONSULTANT nor CITY shall be responsible for the nonperformance by the
• utility owners.
• 4.1.2 A preliminary schedule of Shop Drawing submissions; and
4.1.3 In a lump sum contract or in a contract which includes lump sum bid items of Work, a
preliminary schedule of values for all of the Work which will include quantities and
prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments
• during construction. Such prices will include an appropriate amount of overhead and
profit applicable to each item of work which will be confirmed in writing by Contractor
at the time of submission.
l Such prices shall be broken down to show labor, equipment,
materials and overhead and profit.
4.1.4 After award but prior to the submission of the progress schedule, Consultant, •
• Contract Administrator and Contractor shall meet with all utility owners and secure
. from them a schedule of utility relocation, provided, however, neither Consultant nor
City shall be responsible for the nonperformance by the utility owners.
4.2. At a time specified by Consultant but before Contractor starts the work at the
Project site, a conference attended by Contractor, Consultant and others as
deemed appropriate by Contract Administrator will be held to discuss the
schedules to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice
to Proceed, a conference attended by Contractor, Consultant and others, as
appropriate, will be held to finalize the schedules submitted. Within forty-five (45)
days after the Project Initiation Date set forth in Notice to Proceed No. 1, the
Contractor shall revise the original schedule submittal to address all review
comments from the CPM review conference and resubmit for Consultant review.
The finalized progress schedule will be accepted by Consultant only as providing
an orderly progression of the Work to completion within the Contract Time, but
such acceptance shall not constitute acceptance by City or Consultant of the
means or methods of construction or of the sequencing or scheduling of the
Work, and such acceptance will neither impose on Consultant or City
responsibility for the progress or scheduling of the Work nor relieve Contractor
from full responsibility therefore. The finalized schedule of Shop Drawing
submissions must be . acceptable to Consultant as providing a workable
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� C
arrangement for processing the submissions. The finalized schedule of values
• must be acceptable to Consultant as to form and substance.
5. Performance Bond and Payment Bond:
• Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a
Performance Bond and a Payment Bond containing all the provisions of the
Performance Bond and Payment Bond attached hereto as forms 00710 and 00720.
5.1. Each Bond shall be in the amount of one hundred percent(100%) of the Contract
Price guaranteeing to City the completion and performance of the work covered
in such Contract as well as full payment of all suppliers, laborers, or
subcontractors employed pursuant to this Project. Each Bond shall be with a
surety company which is qualified pursuant to Article 5.
5.2. Each Bond shall continue in effect for •one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%) of the
Contract sum, or an additional bond shall be conditioned that Contractor will,
upon notification by City, correct any defective or faulty work or materials which
appear within one year after Final Completion of the Contract.
5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may
be amended from time to time, Contractor shall ensure that the bond(s)
referenced above shall be recorded in the public records of Miami-Dade County
and provide City with evidence of such recording.
5.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish
alternate forms of security which may be in the form of cash, money order,
certified check, cashier's check or unconditional letter of credit in the form
attached hereto as Form 00735. Such alternate forms of security shall be.
subject to the prior approval of City and for same purpose and shall be subject`to
the same conditions as those applicable above and shall be held by City for one
year after completion and acceptance of the Work.
6. Qualification of Surety
6.1. Performance Bonds and Payment Bonds for projects over Two I-kindred
Thousand Dollars ($200,000.00):
6.1.1. Each bond must be executed by a ,surety company of recognized
standing, authorized to do business in the State of Florida as surety,
having a resident agent in the State of Florida and having been in
business with a record of successful continuous operation for at least five
(5) years.
6.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States
Department of Treasury Circular 570, Current Revisions. If the amount of
the Bond exceeds the underwriting limitation set forth in the circular, in
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order to qualify, the net retention of the surety company shall not exceed
the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance
with Treasury Circular 297, revised September '1, 1978 (31 DFR Section
223.10, Section 223.111). Further, the surety company shall provide City
with evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
•
9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and'completion of the
Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
9.2. Contractor shall at all times enforce strict discipline and good order among its
employees and subcontractors at the Project site and shall not employ on the
Project any unfit person or anyone not skilled in the work to which they are
assigned.
10. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that may be used upon or in any
manner be connected with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in this Contract for said work.
11. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement weather
shall be submitted as a request for a change in the Contract Time pursuant to Article 40.
These time extensions are justified only when rains or other inclement weather
conditions or related adverse soil conditions prevent Contractor from ,productively
performing controlling items of work identified on the accepted schedule or updates
resulting in:
(1) Contractor being unable to work at least fifty percent (50%) of the normal
workday on controlling items' of work identified on the accepted schedule or
updates due to adverse weather conditions; or
(2) Contractor must make major repairs to the Work damaged by weather. Providing
the damage was not attributable to a failure to perform or neglect by Contractor,
and providing that Contractor was unable to work at least fifty percent (50%) of
the normal workday on controlling items of work identified on the accepted
schedule or updates.
12. Permits, Licenses and Impact Fees:
12.1. Except as otherwise provided within the Supplemental. Conditions, all permits
and licenses required by federal, state or local laws, rules and regulations
necessary for the prosecution of the Work undertaken by Contractor pursuant to
this Contract shall be secured and paid for by Contractor. It is Contractor's
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responsibility to have and maintain appropriate Certificate(s) of Competency,
'valid for the Work to be performed and valid for the jurisdiction in which the Work
is to be performed for all persons working on the Project for whom a Certificate of
Competency is required.
12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
Contractor. Contractor shall be;reimbursed only for the actual amount of the
impact fee levied by the municipality as evidenced by an invoice or other
acceptable documentation issued by the municipality. Reimbursement to
Contractor in no event shall include profit or overhead of Contractor.
13. Resolution of Disputes:
13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
Consultant shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract
Documents and fulfillment of this Contract as to the character, quality, amount
and value of any work done and materials furnished, or proposed to be done or
furnished under or, by reason of, the Contract Documents and Consultant's
estimates and decisions upon all claims, questions, difficulties and disputes shall
be final and binding to the extent provided in Section 12.2. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of City and
Contractor shall be submitted to Consultant in writing within twenty-one (21)
calendar days. Unless a different period of time is set forth herein, Consultant •
shall notify City and Contractor in writing of Consultant's decision within twenty-
one (21) calendar days from the date of the submission of the claim, question,
difficulty or dispute, unless Consultant requires additional time to gather
;information or allow the parties to provide• additional information. All non-
technical administrative disputes shall be determined by the Contract
Administrator pursuant to the time periods provided herein. During the pendency
of any dispute and after a determination thereof, Contractor, Consultant and City
shall act in good faith to mitigate any potential damages including utilization of
construction schedule changes and alternate means of construction.
13.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notify the other
party in writing within ten (10). days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a
statement that any Contract Price adjustment claimed is the entire adjustment to
which the objecting party has reason to believe it is entitled to as a result of the
determination. Within sixty (60) days after Final Completion of the Work, the
parties shall participate in mediation to address all objections to any
determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under
State law. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said
party fails to comply in strict accordance with the requirements of this Article.
15. Superintendence and Supervision:
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15.1. The orders of City are to be given through Consultant, which instructions are to
be strictly and promptly followed in every case. Contractor shall keep on the
Project during its progress, a full-time competent English speaking
superintendent and any necessary assistants, all satisfactory to Consultant. The i._
superintendent shall not be changed except with the written consent of
Consultant, unless the superintendent proves to be unsatisfactory to Contractor
and ceases to be in its employ. The superintendent shall represent Contractor
and all directions given to the superintendent shall be as binding as if given to
Contractor and will be confirmed in writing by Consultant upon the written request
•
• of Contractor. Contractor shall give efficient supervision to the Work, using its
best skill and attention.
15.2. Daily, Contractor's superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any
weather condition affected progress of the Work; time of commencement of work
for the day; the work being performed; materials, labor, personnel, equipment
and subcontractors at the Project site; visitors to the Project site, including
representatives of Consultant; regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of work for
the day. All information shall be recorded in the daily log in ink. The daily log.
shall be kept on the Project site and shall be available at all times for inspection
and copying by City and Consultant.
• 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly
or as determined by the Contract Administrator, during the course of the Work to
review and agree upon the work performed to date and to establish the.
controlling items of work for the next two weeks. The Consultant shall publish,
keep, and distribute minutes and any comments thereto of each such.meeting.
15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy
between the Contract Documents and the physical conditions of the locality, or
any errors, omissions, or discrepancies in the Project Manual, it shall be
Contractor's duty to immediately inform Consultant, in writing, and Consultant will
promptly review the same. Any work done after such discovery., until authorized,
will bedone at Contractor's sole risk.
•
15.5. Contractor shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work inaccordance with the Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
17. Contractor's Right to Stop Work or Terminate Contract;
Should Consultant fail to review and approve or state in writing reasons for nonapproval
of any Application for Payment within twenty(20) days after it is presented, or if City fails
either to pay Contractor within thirty (30) days after presentation by Consultant of any
sum certified by Consultant, or to notify Contractor and Consultant in writing of any
objection to the Application for Payment, then Contractor may, give written notice.to City
33
and Consultant of such delay, neglect or default, specifying the same, If City or
Consultant(where applicable), within a period of ten (10) calendar days after such notice
shall not remedy the delay, neglect, or default upon which the notice is based, then
Contractor may stop workor terminate this Contract and recover from City payment for
all work executed and reasonable expenses sustained therein plus reasonable
termination. expenses. Any objection made by City to an Application for. Payment shall
be submitted to Consultant in accordance with the provisions of Article 12 hereof.
18. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part
without the written cohsent of the other, nor shall Contractor assign any monies due or to
become due to it hereunder, without the previous written consent of the Mayor and City
Commission.
20. Differing Site Conditions:
•
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project site which differ materially from those shown on the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents;. or unknown
physical conditions of the Project site, of an unusual nature, which differ materially from
that ordinarily encountered and generally recognized as inherent in work of the character
called for in the Contract Documents, Contractor , without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four (24)
hours of their discovery, notify City and Consultant in writing of the existence of the
• aforesaid conditions. Consultant and City shall, within two (2) business days after
receipt of Contractor's written notice, investigate the site conditions identified by
Contractor. If, in the sole opinion of Consultant,;the conditions do materially so differ and
cause an increase or decrease in Contractor's cost of, or the time required for, the
performance of any part of the Work, whether or not charged as a result .of the
conditions, Consultant shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in
the Contract Price or Contract Time, the adjustment shall be referred to Consultant for
determination in accordance with the provisions of Article 12. Should Consultant
determine that the conditions of the Project site are not so materially different to justify a
'change in the terms of the Contract,. Consultant shall so notify City and Contractor in
writing, stating the reasons, and such determination shall be final and binding upon the
parties hereto.
No request by Contractor for an equitable adjustment to the Contract under this
provision shall be allowed unless Contractor has given written notice in strict accordance
with the provisions of this Article. No request for an equitable adjustment or change to
the Contract Price or Contract Time for differing site conditions shall be allowed if made
after the date certified by Consultant as the date of substantial completion.
21. Plans and Working Drawings:
City, through Consultant, shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings
34
or additional information as the Work proceeds, all of which shall be considered as part
of the Project Manual. In case of disagreement between the written and graphic portions
of the Project Manual, the written portion shall govern.
22. Contractor to Check Plans, Specifications and Data:
Contractor shall verify all dimensions, quantities and details shown •on the plans,
specifications or other data received from Consultant, and shall notify Consultant of all
errors, omissions and discrepancies found therein within three (3) calendar days of
discovery. Contractor will not be allowed to take advantage of any error, omission or
discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be
liable for damages resulting from errors, omissions or discrepancies in the Contract
Documents unless Contractor recognized such error, omission or discrepancy and
knowingly failed to report it to Consultant.
23. Contractor's Responsibility for Damages and Accidents:
23.1. Contractor shall accept full responsibility for the Work against all loss or damage
of whatsoever nature sustained until final acceptance by City, and shall promptly
repair any damage done from any cause whatsoever,' except as provided in
Article 29.
23.2. Contractor shall be responsible for all materials, equipment and supplies
pertaining to the Project. In the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed prior to final acceptance by City,
Contractor shall replace same without cost to City, except as provided in Article
29.
24. Warranty:
Contractor warrants to City that all materials and equipment furnished under this
Contract will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents.
All work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. If required by Consultant,
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. This warranty is not limited by the provisions of Article 25 herein.
25. Supplementary Drawings:
25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to
be done more fully, or to illustrate the Work further, or to show any changes
which may be required, supplementary drawings, with specifications pertaining
thereto, will be prepared by Consultant.
25.2. The supplementary drawings shall be binding upon Contractor with the same
force as the Project Manual. Where such supplementary drawings require either
less or more than the original quantities of work, appropriate adjustments shall be
made by Change Order.
26. Defective Work:
26.1. Consultant shall have the authority to reject or disapprove work which Consultant
finds to be defective. If required by Consultant, Contractor shall promptly either
35
correct all defective work or remove such defective work and replace it with non-
defective work. Contractor shall bear all direct, indirect and consequential costs
of such removal or corrections including cost of testing laboratories and
personnel.
26.2. Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of the Contract
Documents within the time indicated in writing by Consultant, City shall have the
authority to cause the defective work to be removed or corrected, or make such
repairs as may be necessary at Contractor's expense. Any expense incurred by
City in making such removals, corrections or repairs, shall be paid for out of any
monies due or which may become due to Contractor, or may be charged against
•
the Performance Bond. In the eventof failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
26.3. If, within one (1) year after the date of substantial completion or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision of the
Contract Documents, any of the Work is found to be defective or not in
accordance with the Contract Documents, Contractor. , after receipt of written
notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost too City, to do so. Nothing contained
herein shall be construed to establish a period of limitation with respect to any
other obligation which Contractor might have under the Contract Documents
including but not limited to, Article 23 hereof and any claim .regarding latent
defects.
26.4. Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
27. Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
28. Subcontracts:
28.1. Contractor shall not employ any subcontractor against whom City or Consultant
may have a reasonable objection. Contractor shall not be required to employ
any subcontractor against whom Contractor has a reasonable objection.
28.2. Contractor shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to the
same extent that Contractor is responsible for the acts and omissions of persons
directly employed by it. Nothing in the Contract Documents shall create any
contractual relationship between any subcontractor and City or any obligation on
the part of City to pay or to see the payment of any monies due any
subcontractor, City or Consultant may furnish to any subcontractor evidence of
amounts paid to Contractor on account of specific work performed.
36 •
28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms
and conditions of the,Contract Documents for the benefit of City.
28.4. Contractor shall perform the Work with its own organization, amounting to not
less than 70% percent of the Contract Price.
• 29. Separate Contracts:
29.1. City reserves the right to let other contracts in connection with this Project.
Contractor shall afford other persons reasonable opportunity for the introduction
• and storage of their materials and the execution of their work and shall properly
connect and coordinate this Work with theirs.
29.2. If any part of Contractor's Work depends for proper execution or results upon the
work of any other persons, Contractor shall inspect and promptly report to
Consultant any defects in such work that render it unsuitable for such proper
execution and results. Contractor's failure to so inspect and report shall
constitute an acceptance of the other person's work as fit and proper for the
reception of Contractor's Work, except as to defects which may develop in other
contractor's work after the execution of Contractor's.
29.3. Contractor shall conduct its operations and take all reasonable steps to
coordinate the prosecution of the Work so as to create no interference or impact
on any other contractor on the site. Should such interference or impact occur,
Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
29,4. To insure the proper execution of subsequent work, Contractor shall inspect the
work already in place and shall at once -report to Consultant any discrepancy
between the executed work and the requirements of the Contract Documents.
30. Use of Completed Portions:
30,1. City shall have the right at its sole option to take possession of and use any
completed or partially completed portions of the Project. Such possession and
use shall not be deemed an acceptance of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases
the cost of or delays the Work, Contractor shall be entitled to reasonable extra
compensation or reasonable extension of time or both, as recommended by
Consultant and approved by City.
30.2. In the event City takes possession of any completed or partially completed.
portions of the Project, the following shall occur:
30.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area.
30.2.2. Contractor shall complete to the point of Substantial Completion the
designated area and request inspection and issuance of a •
37
i I
i
Certificate of Substantial Completion in the form attached hereto as
00925 from Consultant.
30.2.3. Upon Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance,
utilities, subsequent damages of City and public, adjustment of
insurance coverage's and start of warranty for the occupied area.
30.2.4. Contractor shall complete all items noted on the Certificate of
• Substantial Completion within the time specified by Consultant on
the Certificate of Substantial Completion, as soon as possible and
request final inspection and final acceptance of the portion of the
Work occupied. Upon completion of final inspection and receipt of
an application for final payment, Consultant shall issue a Final
Certificate of Payment relative to the occupied area.
30.2.5. If City finds it necessary to occupy or use a portion or portions of the
• Work prior to Substantial Completion thereof, such occupancy or use
• shall not commence prior to a time mutually agreed upon by City and
Contractor and to which the insurance company or companies
providing the property insurance have consented by endorsement to
the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of
such partial occupancy or use. Consent of Contractor and of the
insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
31. Lands for Work:
31.1. City shall provide, as may be indicated in the Contract Documents, the lands
upon which the Work is to be performed, rights-of-way and easements for access
thereto and such other lands as are designated by City or the use of Contractor.
31.2: Contractor shall provide, at Contra'ctor's own expense and without liability to City,
any additional land and access thereto that may be required for temporary
construction facilities, or for storage of materials. Contractor shall furnish to City
copies of written permission obtained by Contractor from the owners of such
facilities.
32. Legal Restrictions and.Traffic Provisions:
Contractor shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and Contractor's general operations.
Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere
in any way with traffic on railway, highways, or water, without the prior written consent of
the proper authorities.
33. Location and Damage to Existing Facilities, Equipment or Utilities:
33.1. As far as possible, all existing utility lines in the Project area have been shown on
the plans. However, City does not guarantee that all lines are shown, or that the
ones indicated are in their true location. It shall be the Contractor ❑S
responsibility to identify and locate all underground and overhead utility lines or
38
equipment affecting or affected by the Project. No additional payment will be
made to the Contractor because of discrepancies in actual and plan location of
utilities, and damages suffered as a result thereof.
33.2. The Contractor shall notify each utility company involved at least ten (10) days
prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or
endangered by the proposed construction.- Relocation of water mains. or other
utilities for the convenience of the Contractor shall be paid by the Contractor.. All
charges by utility companies for temporary support of its utilities shall be paid for
• by the Contractor. All costs of permanent utility relocation to•avoid conflict shall
be the responsibility of the utility company involved. No additional payment will
be made to the Contractor for utility relocations, whether or not said relocation is
necessary to avoid conflict with other lines.
33.3. The Contractor shall schedule the work in such a manner that the work is not
delayed by the utility providers relocating or supporting their utilities. The
Contractor shall coordinate its activities with any and all public and private utility
providers,occupying the right-of-way. No compensation will be paid to the
Contractor for any loss of time or delay.
33.4. All overhead, surface or underground structures and utilities encountered are to
be carefully protected from injury or displacement. All damage to such structures
is 'to be completely repaired within a reasonable time; needless delay will not be
tolerated. The City reserves the right to remedy such damage by ordering
outside parties to make such repairs at the expense of the Contractor. All such
repairs made by the Contractor are to be made to the satisfaction of the utility,
owner. All damaged utilities must be replaced or fully repaired. All repairs are to
be inspected by the utility owner prior to backfilling. •
34. Value Engineering:
Contractor may request substitution of materials, articles, pieces of equipment or any
changes that reduce the Contract Price by making such request to Consultant in writing.
Consultant will be the sole judge of acceptability, and no substitute will be ordered,
installed, used or initiated without Consultant's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. However, any
substitution accepted by Consultant shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, Contractor agrees to pay directly
to Consultant all Consultant's fees and charges related to Consultant's review of the
request for substitution, whether or not the request for substitution is accepted by
Consultant. Any substitution submitted by Contractor must meet the form, fit, function
and life cycle criteria of the item proposed to be replaced and there must be a net dollar
savings including Consultant review fees and charges. If a substitution is approved, the
net dollar savings shall be shared equally between Contractor and City and shall be
processed as a deductive Change Order. City may require Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to
any substitute approved after award of the Contract.
35. Continuing the Work:
39
Contractor shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with City, including disputes or disagreements concerning a
request for a Change Order, a request for a change in the Contract Price or Contract
Time. The Work shall not be delayed or postponed pending resolution of any disputes
or disagreements.
36. Changes in the Work or Terms of Contract Documents:
36.1. Without invalidating the Contract and without notice to any surety City reserves
and shall have the right, from time to time to make such increases, decreases or
other changes in the character or quantity of the Work as may be considered
necessary or desirable to complete fully and acceptably the proposed
construction in a satisfactory manner. Any extra or additional work within the
scope of this Project must be accomplished by means of appropriate Field
Orders and Supplemental Instructions or Change Orders.
36.2. Any changes to the terms of the Contract Documents must be contained in a
written document, executed by the parties hereto, with the same formality and of
equal dignity prior to the initiation of any work reflecting such change. This
section shall not prohibit the issuance of Change Orders executed only by City as
hereinafter provided.
37, Field Orders and Supplemental Instructions:
37.1. The Contract Administrator, through Consultant, shall have the right to approve
and issue Field Orders setting forth written interpretations of the intent of the
Contract Documents and ordering minor changes in Work execution, providing
the Field Order involves no change in the Contract Price or the Contract Time.
37.2. Consultant shall have the right to approve and issue Supplemental Instructions
setting forth written orders, instructions, or interpretations concerning the
•
Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Price or the Contract Time.
38. Change Orders:
38.1. Changes in the quantity or character of the Work within the scope of the Project
which are not properly the subject of Field Orders or Supplemental Instructions,
including all changes resulting in changes in the Contract Price, or the Contract
Time, shall be authorized only by Change Orders approved in advance and
issued in accordance with the provisions of the City.
38.2. All changes to construction contracts which exceed the Commission-approved
contingency must be approved in advance in accordance with the value of the
Change Order or the calculated value of the time extension. All Change Orders
with a value of$25,000 or more shall be approved in advance by the Mayor and
City Commission. All Change Orders with a value of less than$25,000 shall be
approved in advance by the City Manager or his designee.
38.3. In the event satisfactory adjustment cannot be reached for any item requiring a
change in the Contract Price or Contract Time, and a Change Order has not
been issued, City reserves the right at its sole option to either terminate the
Contract as it applies to the items in question and make such arrangementsas
may be deemed necessary to complete the disputed work; or submit the matter
in dispute to Consultant as set forth in Article 12 hereof. During the pendency of
the dispute, and upon receipt of a Change Order approved by City, Contractor
r
40
shall promptly proceed with the change in the Work involved and advise the
Consultant and Contract Administrator in writing within seven (7) calendar days
of Contractor's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price
or Contract Time.
• 38.4. On approval of any Contract change increasing the Contract Price, Contractor
shall ensure that the performance bond and payment bond are increased so that
each reflects the total Contract Price as increased.
38.5. Under circumstances determined necessary by City, Change Orders may be
issued unilaterally by City.
39. Value of Change Order Work:
39.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the
following ways:
39,1.1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of
items involved.
39.1.2. By mutual acceptance of a lump. sum which Contractor and City
acknowledge contains a component for overhead and.profit.
39.1.3. On the basis of the "cost of work," determined as provided in Sections
38.2 and 38.3, plus a Contractor's fee for overhead and profit which is
determined as provided in Section 38.4.
39.2. The term "cost of work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by City, such
costs shall be in amounts no higher than those prevailing in the locality of the
Project, shall include only the following items and shall not include any of the
costs itemized in Section 38.3.
39.2.1. Payroll costs for employees in the direct employ of Contractor in the
performance of the ,work described in the Change Order under
schedules of job classifications agreed upon by City and Contractor.
Payroll costs for employees not employed full time on the work
covered by the Change Order shall be apportioned on the basis of
their time spent on the work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of fringe benefits which
shall include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday pay
application thereto. Such employees shall Include superintendents
and foremen at the site. The expenses of performing the work after
regular working hours, on Sunday or legal holidays, shall be included
in the above to the extent authorized by City.
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39.2.2. Cost of all materials and equipment furnished and incorporated in the
work, including costs of transportation and storage thereof, and
manufacturers' field services required in connection therewith. All
cash discounts shall accrue to Contractor unless City deposits funds
with Contractor with which to make payments, in which case the cash
discounts shall accrue to City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment
shall accrue to City and Contractor shall make provisions so that they
may be obtained. Rentals of all construction equipment and
machinery and the parts thereof whether rented from Contractor or
others in accordance with rental agreements approved by City with
the advice of Consultant and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any
such equipment, machinery or parts shall cease when the use thereof
is no longer necessary for the work.
39.2.3. Payments made by Contractor to Subcontractors for work performed
by Subcontractors. If required by City, Contractor shall obtain
competitive bids from Subcontractors acceptable to Contractor and
shall deliver such bids to City who will then determine, with the advice
of Consultant, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost of
the work plus a fee, the Subcontractor's cost of the work shall be
determined in the same manner as Contractor'S cost of the work. All
Subcontractors shall be subject to the other provisions of the Contract
Documents insofar as applicable.
39.2.4. Cost of special consultants, including, but not limited to, engineers,
architects, testing laboratories, and surveyors employed for services
specifically related to.the performance of the work described_in the
Change Order.
39.2.5. Supplemental costs including the following:
39.2.5.1. The proportion of necessary transportation, travel and
subsistence expenses of Contractor's employees incurred
in discharge of duties connected with the work except for
local travel to and from the site of the work.
39.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances,
office and temporary facilities at the site and hand tools
not owned by the workmen, which are consumed in the
performance of the work, and costless market value of
such items used but not consumed_ which remains the
property of Contractor
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39.2.5,3. Sales, use, or similar taxes related to the work, and for
which Contractor is liable, imposed by any governmental
authority.
39.2.5.4. Deposits lost for causes other than Contractor's
negligence; royalty payments and fees for permits and
licenses.
39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site.
39.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the work.
39.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
39.3. The term "cost of the work" shall not include any of the following:
39.3.1. Payroll costs and other compensation of Contractor's officers,
executives, principals (of partnership and sole proprietorships),
general managers, engineers, architects, estimators, lawyers,
auditors, accountants, purchasing and contracting agents, expediters,
timekeepers, clerks and other personnel employed by Contractor
whether at the site or in its principal or a branch office for general
administration of the work and not specifically included in the agreed-
upon schedule of job classifications, all of which are to be considered
administrative costs covered by Contractor's fee.
39.3.2. Expenses of Contractor's principal and branch offices other than
Contractor's office at the site.
39.3.3. Any part of Contractor's capital expenses, including interest on
Contractor'scapital employed for the work and charges against
Contractor for delinquent payments.
39.3.4. Cost of premiums for all Bonds and for all insurance whether or not
Contractor is required by the Contract Documents to purchase and
maintain the same, except for additional bonds and insurance
required because of changes in the work.
39.3.5. Costs due to the negligence or neglect of Contractor, any
Subcontractors, or anyone,directly or indirectly employed by any of
them ,or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or
equipment wrongly supplied and making good any damage to
property.
39.3.6. Other overhead or general expense costs of any kind and the cost of
any item not specifically and expressly included in Section 38.2.
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39.4. Contractor's fee allowed to Contractor for overhead and profit shall be
determined as follows:
39.4.1.A mutually acceptable fixed fee or if none can be agreed upon,
39.4.2.A fee based on the following percentages of the various portions of the
cost of the work:•
39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2,
Contractor's fee shall not exceed ten percent(10%).
39.4.2.2. For costs incurred under Section 38.2.3, Contractor's
fee shall not exceed seven and one half percent
(7.5%); and if a subcontract is on the basis of cost of
the work plus a fee, the maximum allowable to the
Subcontractor as a fee for overhead and profit shall not
exceed ten percent (10%); and
39.4.2.3. No fee shall be payable on the basis of costs itemized
under Sections 38.2.4 and 38.2.5, (except Section
38.2.5.3), and Section 38.3.
39.5. The amount of credit to be allowed by Contractor to City for any such change
which results in a net decrease in cost, will be the amount of the actual net
decrease. When both additions and credits are involved in any one change, the
combined overhead and profit shall be figured on the basis of the net increase, if
any, however, Contractor shall not be entitled toclaim lost profits for any Work
not performed:
39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2
and 38.3, Contractor will submit in a form acceptable to Consultant an itemized
cost breakdown togetherwith the supporting data.
39.7. Where the quantity of any item of the Work that is covered by a unit price is
increased or decreased by more than twenty percent (20%) from the quantity of
such work indicated In the Contract Documents, an appropriate Change Order
shall be issued to adjust the unit price, if warranted.
39.8. Whenever a. change in the Work is to be based on mutual acceptance of a lump
sum, whether the amount is an addition, credit or no change-in-cost,. Contractor
shall submit an initial cost estimate acceptable to Consultant and Contract
Administrator.
39.8.1. Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
39.8.2. Whenever a change involves Contractor and one or more
Subcontractors and the change is an increase in the Contract Price,
overhead and profit percentage for Contractor and each
Subcontractor shall be itemized separately.
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39.9. Each Change Order must state within the body of the Change Order whether it is
based upon unit price, negotiated lump sum, or"cost of the work."
40. Notification and Claim for Change of Contract Time or Contract Price:
40,1. Any claim for a change in the Contract Time or Contract Price shall be made by
written notice by Contractor to the Contract Administrator and to Consultant
within five (5) calendar days of the commencement of the event giving rise to the
claim and stating the general nature and cause of the claim. Thereafter, within
twenty (20) calendar days of the termination of the event giving rise to the claim,
written notice of the extent of the claim with supporting information and
documentation shall be provided unless Consultant allows an additional period of
time to ascertain more accurate data in support of the claim and such notice shall
• be accompanied by Contractor's written notarized statement.that the adjustment
claimed isthe entire adjustment to which the Contractor has reason to believe it
is entitled as a result of the occurrence of said event. All claims for changes in
the Contract Time or Contract Price shall be determined by Consultant in
accordance with Article 12 hereof, if City and Contractor cannot otherwise agree.
IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL
CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE
SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
40.2. The Contract Time will be extended in an amount equal to time lost on critical
Work items due to delays beyond the control of and through no fault or
negligence of Contractor if a claim is made therefore as provided in Section 39.1.
Such delays shall include, but not be limited to, acts or neglect by any separate
contractor employed by City, fires, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God..
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor
shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages; including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City or its
Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay, in accordance with and
to the extent specifically provided above.
42. Excusable Delay; Compensable; Non-Compensable:
42.1 Excusable Delay. Delay which extends the completion of the Work and which is
caused by circumstances beyond the control of Contractor or its subcontractors,
suppliers or vendors is Excusable Delay. 0
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Contractor is entitled to a time extension of the Contract Time for each day the
Work is delayed due to Excusable Delay. Contractor shall document its claim for
any time extension as provided in Article 39 hereof.
Failure of Contractor to comply with Article 39 hereof as to any particular event of
delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
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Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable when (i)
the delay extends the Contract Time, (ii) is caused by circumstances
beyond the control of the Contractor or its subcontractors, suppliers or
vendors, and (iii) is caused solely by fraud, bad faith or active interference
on the part of City or its agents. In no event shall Contractor be
compensated for interim delays which do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by Contractor shall be limited to the
actual additional costs allowed pursuant to Article 38 hereof.
City and Contractor recognize and agree that the amount of Contractor's precise
actual indirect costs for delay in the performanceand completion of the Work is
impossible to determine as,of the date of execution of the Contract Documents,
and that,proof of theprecise amount will be difficult. Therefore, indirect costs
recoverable by the Contractor shall be liquidated on a daily basis for each day
the Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate Contractor for all indirect
costs caused by a Compensable Excusable Delay and shall include, butnot be
limited to, all profit on indirect costs, home office overhead, acceleration, loss of
earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all
other indirect costs incurred by Contractor. The amount of liquidated indirect
costs recoverable shall be one hundred dollars ($100) per day for each
calendar day the Contract is delayed due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused
by circumstances beyond the control of Contractor, itssubcontractors,.
suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or ('ii) is caused jointly or concurrently by
Contractor or its subcontractors, suppliers or vendors and by the City or
Consultant, then Contractor shall be entitled only to a time extension and
no further compensation for the delay.
43. Substantial Completion: '
When Contractor considers that the Work, or a portion thereof designated by City
` pursuant to Article 29 hereof, has reached Substantial'Completion, Contractor shall so
notify City and Consultant in writing. Consultant and City shall then promptly inspect the
Work. When Consultant, on the basis of such an inspection, determines that the Work
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or designated portion thereof is substantially complete, it will then prepare a Certificate
of Substantial Completion in the form attached hereto as Form 00925 which shall
establish the Date of Substantial Completion; shall state the responsibilities of City and
Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance;
and shall list all Work yet to be completed to satisfy the requirements of the Contract
Documents for Final Completion. The failure to include any items of corrective work on
such list does not alter the responsibility of Contractor to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial
Completion. The Certificate of Substantial Completion shall be submitted to City through
the Contract Administrator and Contractor for their written acceptance of the
responsibilities assigned to them in such Certificate.
44. No Interest:
Any monies not paid by City when claimed to be due to Contractor under this
Agreement, including, but not limited to, any and all claims for contract damages of any
type, shall not be subject to interest including, but not limited to prejudgment interest.
However, the provisions of' City's prompt payment ordinance, as such relates to
timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989)
as such relates to the payment of interest, shall apply to valid and proper invoices.
45. Shop Drawings: •
45.1. Contractor shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the suitability,
efficiency, technique of manufacture, installation requirements, details of the
item and evidence of its compliance or noncompliance with the Contract
Documents.
45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the
Notice to Proceed, Contractor shall submit to Consultant a complete list of
preliminary data on items for which Shop Drawings are to be submitted and
shall identify the critical items. Approval of this list by Consultant shall in no way
relieve Contractor from submitting complete Shop Drawings and providing
materials, equipment, etc., fully in accordance with the Contract Documents.
This procedure is required in order to expedite final approval of Shop Drawings.
45.3. After the approval of the list of items required in Section 44.2 above, Contractor
shall promptly request Shop Drawings from the various manufacturers,
fabricators, and suppliers. Contractor shall include all shop drawings and other
submittals in its certification.
45.4. Contractor shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
45.5. If the Shop Drawings show or indicate departures from the Contract
requirements, Contractor shall make specific mention thereof in its letter of
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transmittal. Failure to point out such departures shall not relieve Contractor
from its responsibility to comply with the Contract Documents.
45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar
days from the date received, unless said Drawings are rejected by Consultant
for material reasons. Consultant's approval of Shop Drawings will be general
and shall not relieve Contractor of responsibility for the accuracy of such
Drawings, nor for the proper fitting and construction of the work, nor for the
furnishing of materials or work required by the Contract Documents and not
indicated on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by Consultant. Approval
shall not relieve Contractor from responsibility for errors or omissions of any sort
on the Shop Drawings.
45.7. No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate
the design. It is Contractor's responsibility to assemble the Shop Drawings for
all such interconnecting and/or interdependent items, check them and then.
make one submittal to Consultant along with its comments as to compliance,
noncompliance, or features requiring special attention.
45.8. If catalog sheets or prints of manufacturers'standardadrawings are submitted as
Shop Drawings, any additional information or changes on such drawings shall
be typewritten or lettered in ink.
45.9. Contractor shall submit the number of copies required by Consultant.
Resubmissions of Shop Drawings shall be made in the same quantity until final
approval is obtained.
45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's
approval at the job site at all times.
46. Field Layout of the Work and Record Drawings:
46.1. The entire responsibility for establishing and maintaining line and grade in the
field lies with Contractor. Contractor shall maintain an accurate and precise
record of the location and elevation of all pipe lines, conduits, structures.,
maintenance access structures, handholes, fittings and the like and shall
prepare record or "as-built" drawings of the same which are sealed by a
Professional Surveyor. Contractor shall deliver these records in good order to
Consultant as the Work is completed. The cost of all such field layout and
recording work is included in the prices bid for the appropriate items. All record
-drawings shall be made on reproducible paper and shall be delivered to
Consultant prior to, and as a condition of, final payment.
46,2. Contractor shall maintain in a safe place at the Project site one record copy of
all Drawings, Plans, Specifications, Addenda, written amendments, Change
Orders, Field Orders and written interpretations and clarifications in good order
and annotated to show all changes made during construction. These record
documents together with all approved samples and a counterpart of all approved
Shop Drawings shall be available at all times to Consultant for reference. Upon
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Final Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the Contract
Administrator.
• 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall
submit to City, Contractor's record drawings or as-built drawings acceptable to
Consultant.
• 47. Safety and Protection:
47.1. Contractor shall be solely responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Project. Contractor
shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
47.1.1. All employees on the work site and other persons who may be
affected thereby;
47.1.2. All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
47.1.3. Other property at the Project site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities
not designated for removal, relocation or replacement in the course of
construction.
47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations
and orders of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the
work may affect them, All damage, injury or loss to any property referred to in
Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in
part, by Contractor , any Subcontractor or anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, shall be
remedied by Contractor. Contractor's duties and responsibilities for the safety
and protection of the work shall continue until such time as all the Work is
completed and Consultant has issued a notice to City and Contractor that the
Work is acceptable except as otherwise provided in Article 29 hereof.
47.3. Contractor shall designate a responsible member of its organization at the Work
site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by
Contractor to City.
48. Final Bill of Materials:
Contractor shall be required to submit to City and Consultant a final bill of materials with
unit costs for each bid item for supply of materials in place. This shall be an itemized list
of all materials with a unit cost for each material and the total shall agree with unit costs
established for each Contract item. A Final Certificate for Payment cannot be issued by
Consultant until Contractor submits the final bill of materials and Consultant verifies the
accuracy of the units of Work.
49. Payment by City for Tests:
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• Except when otherwise specified in the Contract Documents, the expense of all tests
requested by Consultant shall be borne by City and performed by a testing firm chosen
by Consultant. For road construction projects the procedure for making tests required by
Consultant will be in conformance with the most recent edition of the State of Florida,
Department of Transportation Standard Specifications for Road and Bridge Construction.
The cost of any required test which Contractor fails shall be paid for by Contractor.
•
50. Prosect Sign:
Any requirements for a project sign shall be paid by the Contractor as specified by City
Guidelines'.
51. Hurricane Precautions:
51.1. During such periods of time as are designated by the United States Weather
Bureau as being a hurricane warning or alert, the Contractor, at no costto the
City, shall take all precautions necessary to secure the Project site in response
• to all threatened storm events, regardless of whether the City or Consultant has
given notice of same.
51.2. Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
51.3. Additional work relating to hurricane warning or alert at the Project site will be
addressed by a Change Order in accordance with Section 37, General
Conditions.
51.4. Suspension of the Work caused, by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the
Contractor to additional Contract Time as noncompensable, excusable delay,
and shall not give rise to a claim for compensable delay.
52. Cleaning Up; City's Right to Clean Up:
Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its operations. At the completion of the Project,
Contractor shall remove all its waste materials and rubbish from and about the Project
as well asits tools, construction equipment, machinery and surplus materials. If
Contractor fails to clean up during the prosecution of the Work or at the completion of
the Work, City may do so and the cost thereof shall be charged to Contractor. If a
dispute arises between Contractor and separate contractors as to their responsibility for
cleaning up, City may clean up and 'charge the cost thereof to the contractors
responsible therefore as Consultant shall determine to be just.
53. Removal of Equipment:
In case of termination of this Contract before completion for any cause whatever,
Contractor, if notified to• do so by City, shall promptly remove any part or all of
Contractor's equipment and supplies from the property of City, failing which City shall
have the right to remove such equipment and supplies at the expense of Contractor.
54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
1. Contractor shall not unlawfully discriminate against any person in its operations
and activities or in its use or expenditure of funds in fulfilling its obligations under this
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• Agreement. Contractor shall affirmatively comply with all applicable provisions of
the Americans with Disabilities Act (ADA) in the course of providing any services
funded by City, including Titles I and II of the ADA (regarding nondiscrimination on
the basis of disability), and all applicable regulations, guidelines, and standards. In
addition, Contractor shall take affirmative steps to ensure nondiscrimination in
• employment against disabled persons.
Contractor's decisions regarding the delivery of services under this Agreement shall
be made without regard to or consideration of race, age, religion, color, gender,
sexual orientation, national origin, marital status, physical or mental disability,
political affiliation, or any other factor which cannot be lawfully used as a basis for
service delivery.Contractor shall not engage in or commit any discriminatory practice
in violation of City of Miami. Beach Ordinance No 92.2824 In performing any services
pursuant to this Agreement.
2. NON-DISCRIMINATION. The Proposer certifies that itis in
compliance with the non-discrimination clause contained in Section 202, Executive
Order 11246, as amended by Executive Order 11375, relative to equal employment
opportunity for all persons without regard to race, color, religion, sex or national
origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62
of the'City Code, Proposer shall prohibit discrimination by reason of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital
and familial status, and age or disability.
55. Project Records:
City shall have the right to inspect and copy, at. City's expense, the books and records
and accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial
and accounting records of Contractor which relate to the Project and to any claim for
additional compensation made by Contractor. Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which
relate to the Project and to any claim for a period of three (3) years following Final
Completion of the Project. During the Project and the three (3) year period following
Finial Completion of the Project, Contractor shall provide City access to its books and
records upon seventy-two (72) hours written notice.
56. . Performance Evaluations:
An interim performance evaluation of the successful Contractor may be submitted by the
Contract Administrator during construction of the Project. A final performance evaluation
shall be submitted when the Request for Final Payment to the construction contractor is
forwarded for approval. In eithersituation, the completed evaluation(s) shall be
forwarded to the City's Procurement Director who shall provide a copy to the successful -
Contractor. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Contractor for future bids with the City. •
57. 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 bid must be
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accompanied by a Material Safety Data Sheet (MSDS)which may be obtained from the
manufacturer. The MSDS must include the following information:
a. The chemical name and the common name of the toxic substance.
b. The hazards or other risks in the;use of the toxic substance, including:
i. The potential for fire, explosion, corrosion, and reaction;.
ii. The known acute and chronic health effects of risks from exposure,
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including the medical conditions which are generally recognized as being
aggravated by exposure to the toxic substance; and
iii. The primary routes of entry and symptoms of overexposure.
c. L, The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the toxic
substances, inbluding appropriate emergency treatment in case of overexposure.
d. The emergency procedure for spills, fire, disposal, and first aid.
e. A description in lay terms of the known specific potential health risks posed by
the toxic substance intended to alert any person reading this information.
f. 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.
58. Environmental Regulations:
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete
history of all citations and/or violations, notices and dispositions thereof. The
nonsubmission of any such documentation shall be deemed to be an affirmation by the
Bidder that there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening date
and during the time of performance of any contract awarded to it.
59. "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
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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, WHO SHALL FORWARD SAME TO CONSULTANT. •
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•
INVITATION TO BID ( ITB )
BUILDING AND SPECIALTY TRADE CONTRACTORS FOR MINOR PROJECTS
2018-124-WG
BID ISSUANCE DATE: DECEMBER 26, 2017
BID DUE: FEBRUARY 9, 2018 @ 3:00 PM
ISSUED BY:
MIAMI. BEACH
William.Garviso, Procurement Contracting Officer II
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139
305.673.7000 x 66501 WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov
MIAMI BEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED N/A
0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3
0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17
APPENDIX B "NO BID" FORM 24
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26
APPENDIX D SPECIAL CONDITIONS 40
APPENDIX E BID PRICE FORM 44
APPENDIX F INSURANCE REQUIREMENTS 74
APPENDIX G SAMPLE MASTER AGREEMENT PENDING (To be provided by Addendum)
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SECTION 0200 INSTRUCTIONS TO BIDDERS
1. GENERAL.
This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective
Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the
City's consideration as an option in achieving the required scope of services and requirements as noted herein. All
documents released in connection with this solicitation, including all appendixes and addenda, whether included
herein or released under separate cover, comprise the solicitation, and are complementary to one another and
together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful
Bidders(s) (the"contractor[s]") if this ITB results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder
who has received this ITB by any means other than through PublicPurchase must register immediately with
PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may
result in disqualification of proposal submitted.
2. PURPOSE.
The City is seeking bids from qualified building and specialty trade contractors for minor projects to: 1) provide the
City with various routine minor construction and trades work on a time and materials basis, including parts, labor,
materials, equipment and'supervision on an "as needed" basis, including emergency repairs; or 2) participate in a
pool of prequalified contractors, by trade, for minor projects. Minor projects are defined as those projects under the
thresholds stipulated in Section 255.20, Florida Statutes. Pursuant to Section 255.20, Florida Statutes, construction-
type projects exceeding $300,000 or electrical projects exceeding $75,000 may not be awarded pursuant this ITB.
Contractors may submit a bid response for: 1) Projects awarded on a time and material basis (See Special Condition
2), or 2) Projects awarded pursuant to the pool of pre-qualified contractors (See Special Condition 3), or for both
award options. Through the ITB, the City seeks responses for the following categories. The Miami-Dade County
certification category requirement is listed alongside each category.
Building Contractor BLDG 0002 Lathing and Plastering BLDG 0026
Canvas Awning BLDG 0008 Master Electrician ELEC 0001
Concrete Slab Sawing &Core Drilling BLDG 0013 Master Burglar Alarm ELEC 0002
Decorative Concrete&Masonry Fence BLDG 0027 Master Plumber PLUM 0001
Demolition BLDG 0015 Master Lawn Sprinkler PLUM 0003
Door BLDG 0016 Master Pool Maintenance(unlimited) PLUM 0009
Drywall BLDG 0017 Master Swimming Pool Piping PLUM 0010
Fence BLDG 0018 Master Air Conditioning Unlimited MECH 0003
Finish Carpentry BLDG 0053 Master Gasoline Tank and Pump MECH 0009
Flooring BLDG 0020 Master General Mechanical MECH 0001
Garage and Industrial Door BLDG 0022 Plumbing Maintenance PLUM 0004
Glass and Glazing BLDG 0023 Roof Deck BLDG 0046
Gypsum Drywall Installer BLDS 0098 Structural Steel Erection BLDG 0054
Gypsum Drywall Finisher BLDS 0099 Swimming Pool BLDG 0055
Insulation and Acoustical Tile BLDG 0025
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3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows:
ITB Issued December 26, 2018
Pre-Bid Meeting January 18, 2018 @ 9:30AM
Deadline for Receipt of Questions December 31, 2018 @ 5:00PM
Responses Due February 9, 2018 @ 3:00PM
Tentative Commission Approval Authorizing Award TBD
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact: Telephone: Email:
William Garviso, CPPB 305 673-7000#6650 WilliamGarviso• miamibeachfl..ov
Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado a@miamibeachfl.gov;
or via facsimile: 786-394-4188.
The Bid 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 Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s)
may be scheduled.
A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
Procurement Department
Conference Room
1755 Meridian Avenue,3rd Floor
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Bid Submission 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:'5804578
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
ITB expressing their intent to participate via telephone.
5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are
not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site
visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this
solicitation.Addendum will be released through PublicPurchase.
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, 6. 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 withrthe 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.
7. 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://web.miamibeachfl.gov/Drocurement/scroll.aspx?id=79113 .
• CONE OF SILENCE CITY CODE SECTION 2-486
• PROTEST PROCEDURES CITY CODE SECTION 2-371
• DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY 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 2107 THROUGH 2110
• 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
8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before
submitting a Bid,to:
• Examine the solicitation thoroughly.
• Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress,
performance or furnishing of the Work.
• Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and
ordinances that may affect costs, progress, performance, furnishing of the Work, or award.
• Study and carefully correlate Bidder's observations with the solicitation.
• Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder
knows or reasonably should have known.
• The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has
complied with the above requirements and that without exception, the Bid is premised upon performing and
furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for performance and furnishing
of the Work.
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline
for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any
such postponement to all prospective Bidders through PublicPurchase.
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10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due
date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code
Section 2-371 shall be barred.
11. NOT USED.
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern
owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within.
five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or
contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the
adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s)
or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written
request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and
service, then the award shall be made to the service-disabled veteran business enterprise.
13. CONTRACT PRICE. Bid Price is to include the furnishing of all 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 solicitation.
14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest
responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended
- for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the
City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall
exercise his due diligence and'recommend to the Mayor and City Commission the bid that the City Manager deems
to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and,
may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids
received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides
that the City may consider the following:
• The ability, capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified,without delay or interference.
• The character, integrity, reputation,judgment,experience and efficiency of the bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances relating to the
Contract.
15. INTENTIONALLY OMITTED.
16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be
deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of
the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s).
The Contract sharinclude the solicitation, any and all addenda issued by the City and the Bid Proposal submitted
the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum
in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the
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City may procure the items or services from other sources and hold the bidder responsible for any excess cost
occasioned or incurred thereby.
17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental,contract, or on an as-needed basis
through the City's spot market purchase provisions.
18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with
the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that
may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to
the Bidder.
19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award.
Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120)
calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price
before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may
withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by
delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and
City Commission.
20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from
the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that
meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the
Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall
be placed in the same response. This provision only applies to formal solicitations for the procurement of goods,
services, items, equipment, materials, and/or supplies.
21.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters,
information on access for persons with disabilities, and/or any accommodation to review any document or participate
in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY)
five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service).
22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit
discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, and age or disability.
23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person,company or corporation, without the prior written consent of the City.
24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all
reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and
records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination,
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excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents,
papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other
pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the
immediate cancellation of this contract by the City.
25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds;when required, shall be
submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will
notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the
Special Conditions.
26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall
be submitted to the ordering City department.
27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give
written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10)
calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in
default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City,
through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without
cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior
written notice to the bidder.
28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any
informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the
best interest of the City of Miami Beach.
29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as.to the true meaning of
the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least ten
(10)calendar days prior to the scheduled Bid opening date, a request for clarification.
Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from
bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original
specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum
shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt
of any and all Addendum, and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement
of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive.
The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing
- by any City representative, unless issued by the City via formal written Addendum to this Bid.
Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755
Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk.
30. COLLUSION. Where two (2)or more related parties each submit a bid or bids for any contract, such bids or bids
shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to
the extent of ownership, control and management of such related parties in the preparation and submittal of such bid
or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in
another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a
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direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be
rejected.
Bidders who have been found to have engaged in'collusion may also be suspended or debarred, and any contract
resulting from collusive bidding may be terminated for cause.
31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard
production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees
items offered and delivered-to be new, unused, and free from any and all defects in material, packaging and
workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the
manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All
containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of
days (in calendar days) required to make delivery after receipt of purchase order, in space provided. -,Delivery time
may become a basis for making an award. Delivery shall be within the normal working hours of the City using
Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding
holidays,from 8:30 A.M.to 4:00 P.M.
34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days)
for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted.
35. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the bidder's facility may be made prior to the award of contract.
B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods
and/or services as described in this Bid.
C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform
the services if awarded a contract under the terms and conditions of this Bid.
D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the
City of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a bidder, including past performance (experience), in making an award that is in the best interest
of the City.
F. The City may require bidders to show proof that they have been designated as authorized representatives of
a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also
require material information from the source of supply regarding the quality, packaging, and characteristics
of the products to be supply to the City. Any material conflicts between information provided by the source
of supply and the information contained in the bidder's bid may render the bid non-responsive.
G. The City may, during the period that the contract between the City and the successful bidder is in force,
review the successful bidder's record of performance to ensure that the bidder is continuing to provide
sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the
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bidder's performance on contracts awarded to it by the City, the City may place said contracts on
probationary status and implement termination procedures if the City determines that the successful bidder
no longer possesses the financial support, equipment, and organization which would have been necessary
during the bid evaluation period in order to comply with the demonstration of competency required under this
subsection.
36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to
be furnished hereunder,the decision of the City shall be final and binding on all parties.
37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be
as follows:
A. Any contract or agreement resulting from the award of this Bid; then
B. Addendum issued for this Bid,with the latest Addendum taking precedence;then
C. The Bid; then
D. The bidder's bid in response to the Bid.
38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such
award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by
the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds
for removing the bidder from the City's bidders list.
39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid
specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality,
design and construction with all published claims of the manufacturer.
The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified
brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items
offered requires complete descriptive technical literature marked to indicate detailed conformance with
specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS
INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL.
Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides
as to a standard of acceptable product quality level only and should not be construed as an endorsement or a
product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that
product(s) offered conform with or exceed quality as listed in the specifications.
40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears
to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the
City.
41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a
public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach,
Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this
solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are
protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue
of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the
City on a"first priority" under the emergency conditions noted above.
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42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is
not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon
the City's actual needs and/or usage during a previous contract period. The City may use said estimates for
purposes of determining whether,the low bidder meets specifications.
43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all
conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non-
responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of
the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you
must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The
City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids.
44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the
bidder's facilities at any time, upon reasonable prior written or verbal notice.
45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally,
Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in
order to perform the services; (b) provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for
retaining public records and transfer, at no cost, to the public agency all public records in possession of the
contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the public agency.
46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the
bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price,
unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid.
•
47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid.
48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the City or its officers, employees, agents or instrumentalities may incur asa result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners,
principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and
shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be
incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required
ITB 2018-124-WG 11
MIAMI BEACH
by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided. The above indemnification provisions shall survive the expiration or termination of this Agreement.
49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise
provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until
acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City.
If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications,
the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's
expense.
50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection
fees required under the contract; and shall comply with all Applicable Laws.
51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade
County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the
items 'covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of
Applicable Laws will in no way be a cause for relief from responsibility.
52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of
Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume
the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work
complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by
negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with
Applicable Laws.
53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder
agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified,
and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and
all documentation, certification, authorization, license, permit, or registration currently required by applicable laws,
rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations,
authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of
this contract. Failure of bidder to comply with this.paragraph shall constitute a material breach of this contract.
54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions,
and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in
the bid being non-responsive.
55. MODIFICATION/WITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of
a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time
will NOT be considered.
Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration
of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid
due date and before said expiration date and letters of withdrawal received after contract award will NOT be
considered.
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MIAMI BEACH
56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items,may be tested for compliance with specifications.
Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These
items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the
City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of
these stipulations may also result in the bidder's name being removed from the City's vendor list.
57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or
non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied
pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines
levied because of inadequacies to comply with this condition shall be borne solely by the bidder.
59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and
its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in
the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any
way involved in the work.
60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to
comply with Bid specifications, free of damage or defect, and properly invoiced.
61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing
the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity
specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special
Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be
considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment
terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in
accordance with terms,and conditions stated herein. Each item must be bid separately, and no attempt is to be.
made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a
consideration in determination of award of bid(s).
62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including
Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM".
However, in all cases must be provided within five (5)calendar days upon request from-Purchasing Agent.
63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with.Disabilities Act, any.
person requiring an accommodation at the Bid opening because of a disability must contact the Procurement
Division.
64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of
items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the
ITB 201,8-124-WG • 13
MRAMI BEACH
bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid
opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the
bidder's name. Failure of the bidder to either deliver required samples, or to'clearly identify samples may be reason
for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department,
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139.
65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from
the successful bidder. However, the City reserves the right to purchase the items from state or other governmental
contract, or on an as-needed basis through the City's spot market purchase provisions.
67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without
previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments
will be returned at the bidder's expense.
68.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes.
69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be
given to bidders certifying that they have implemented a drug free work place program. A certification form will be
required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace
program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to
be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or
the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's
discretion, which will make a recommendation for award to the City Commission.
70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise
violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the
City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to
be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by
the bidder of the written termination notice.
In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work
and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a
consequence of the default.
Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of-the contract by the bidder, and the City may reasonably withhold payments to
the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from
the successful bidder is determined.
The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of
the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default
within the allotted cure period,then the City may proceed to terminate the contract for cause in accordance with this
subsection 1.57.
71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or
services then remaining to be performed, at'any time, by giving written notice to the successful bidder of such
termination, which shall become effective thirty(30)days following receipt by bidder of such notice. In that event, all
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MIAMI BEACH
finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is
terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance
with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services
actually performed by the successful bidder, and shall also compensate the bidder for its reasonable'direct costs in
assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any
profits thafthe successful bidder expected to earn on the balanced of the contract. Such payments shall be the total
extent of the City's liability to the successful bidder upon a termination as provided for in this subsection.
72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and
fabricated assemblies shall be U.L. listed or re-examination'listing where such has been established by U.L. for the
item(s)offered and furnished.
73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or
facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and
Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than
$50,000), may require additional items to be added to the Contract which are required to complete the work. When
additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being
requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these
quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract
vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a
Purchase Order(or Change Order if Purchase Order already exists). In some cases,the City may deem it necessary
to add additional items through a formal amendment to the Contract,to be approved by the City Manager.
The City may determine to obtain price quotes for the additional items from other vendors in the event that
fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the
City's discretion.
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MIAMI BEACH
SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed
envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound
copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within
two (2) days of request by the City. The following information should be clearly marked on the face of the envelope
or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids
received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. BID PROPOSAL. The Bid Proposal is to include the following:
• TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed
mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non-
responsive. All corrections on the Cost Proposal Form shall be initialed.
FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE
ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT
RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
• TAB 2- Bid Certification, Questionnaire and.Affidavits (Appendix A).
• TAB 3-Documentation indicating compliance with Minimum Eligibility Requirements, including:
o Miami-Dade County License(e)
o Bonding Capacity Letter
o Previous Experience Reference
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or otherwise.
ITB 2018-124-WG - 16
APPENDIX "A"
ProposalCertification ,
Questionnaire &
Requirements Affidavit
2018- 124-WG
Building and iSpecialty Trade
Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-124-WG 17
Solicitation No: Solicitation Title:
2018-124-WG Building and Specialty Trade Contractors
Procurement Contact: Tel: Email:
William Garviso, CPPB 1 (305)673-7000#6650 williamgarviso@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE&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 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.
ITB 2018-124—WG 18
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. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report(SQR)directly to the Procurement Contact named herein.No proposal will be considered without receipt, by the
City,of the SQR directly from Dun&Bradstreet.The cost of the preparation of the SQR shall be the responsibility of,the Proposer.
The Proposer shall request the SQR report from D&B at:
https:Ilsupplierportal.dnb.comlwebapplwcslstoreslservlet/SupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each
Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in
the solicitation process. For assistance with any portion of the SQR submittal process,contact Dun & Bradstreet at 800-
424.2495.
SUBMITTAL REQUIREMENT: Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,
with bid or within 2 days of request.
3. 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.
4. - . ..
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Section 4 above is superseded by the requirements stipulated in Appendix C,Section 1.4,Previous Experience Reference
to be submitted in Tab 3 of Proposal.
5. 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 anpublic sector agency?
YES an
NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
6. 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.
7. 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 Department with its
ITB 2018-124—WG 19
proposal/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/.
•
8.
fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement ID
the living wage ent
9. 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
ITB 2018-124—WG 20
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/Drocurement/scroll.asox?id=79113.
10. 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.
11. , Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the
blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national
origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it
is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution
2016-29375,the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as
the purchase of goods or services sourced in North Carolina,and Mississippi. Proposer shall agree that no travel shall occur on
behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these
states.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it
is and shall remain in full compliance with Resolution 2016-29375.
13. Fair Chance Requirement. Beginning on December 1, 2016, the city shall not enter into a contract, resulting from a competitive
solicitation issued pursuant to this article,with a business unless the business certifies in writing that the business has adopted and
employs written policies, practices, and standards that are consistent with the city's Fair Chance Ordinance, set forth in article V of
chapter 62 of this Code.
SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees it
is and shall remain in full compliance with Resolution 2016-29375.
14. 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, PublicRurchase.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 Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
ITB 2018-124—WG 21
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.
ITB 2018-124—WG 22
PROPOSER CERTIFICATION
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 Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
State of ) ) On this_day of ,20_,personally
appeared before me who
County of ) 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
My Commission Expires:
ITB 2018-124-WG 23
r'
,
APPENDIX B
,
,A 1 A t
j [ iF *.6 x
a,'4 g't � t,.
. ,
, ,
" No Bid " Form
•
. ,.
i ,
,_
2018- 124-WGJ
Building and Specialty Trade
Contractors
PROCUREMENT DEPARTMENT '.
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
tez it r i pcortant for.th°ose vendrsdowho have received notification of
�Na° °
nthis.solici ation b Lit have,gdeci ed not to respond, to complete and`su'bmiit
' ;the gttached. ``,Statement of No Bid " Th;e°°"Stafecnent of No"Bid;" provides;
1 the Git `A hath°jnforrrlation on, .how to q imfproye the solicitation process..
Failure t6 submit a "Sfitatementof No Bid'''may result in not 'being notified
ofbfutureasolicifations by the CiTy ; . ..
ITB 2018-124-WG 24
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 to respond, either 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
PROCUREMENT DEPARTMENT
ATTN: William Garviso, CPPB
PROPOSAL#2018-124-WG
1755 MERIDIAN AVENUE, 3`d FLOOR
MIAMI BEACH, FL 33139
ITB 2018-124-WG 25
APPENDIX C
M AM I :l
EAC H
Minimum Requirements
& Specifications
2018- 124-WG
Building and Specialty Trade
Contractors'
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-124-WG 26
1. MINIMUM ELIGIBILITY REQUIREMENTS. The Minimum Eligibility Requirements for this
solicitation are listed below. Bidder shall submit, with its bid or upon request by the City, the
required submittal(s) documenting compliance with each minimum requirement. Proposers that fail
to comply with minimum requirements shall be deemed non-responsive and shall not have its bid
considered.
1.1 Licensure. Bidder (proposing firm) must authorized by Miami Dade County as a Building
or Specialty Trade Contractor (and maintain same throughout the duration of the contract) for
the categories of work listed in Section 2, Scope of Work, below,for which the bidder submits a
bid.
1.2 Bonding Capacity. Building Contractors (BLDG 0002) shall submit proof of bonding
capacity of no less than $500,000. Proof of bonding capacity letter shall be from an A-rated
Financial Class V Surety Company, at a minimum.
All other bidders are not required but should state the firm's bonding capacity on the bid price
form for which it is submitting a bid.
1.3 Previous Experience. Bidder shall submit a listing of at least one project, within the
category for which it is submitting a bid that the bidder has completed or is in the process of
completing for a public sector agency within Miami-Dade County. For each project, submit the
following: 1) name of project; 2) scope of the work; 3) dates of the project; 4) awarding public
agency within Miami Dade County; 5) contact individual at public agency; and 6) contact
individual's telephone number and email address.
2. SCOPE OF WORK.The work awarded pursuant to this ITB shall primarily consist of work within
one of the following categories of contractor authorizations issued by Miami Dade County. The City
intends to pre-qualify multiple contractors for each category of work to be eligible for future work.
2.1 Building Contractor BLDG 0002
Building contractor is a contractor whose services are limited to construction of commercial
buildings and single dwelling or multiple dwelling residential buildings, which commercial or
residential buildings do not exceed three (3) stories in height, and accessory use structures in
connection therewith, or a contractor whose services are limited to remodeling, repair, or
improvement of any size building if the services do not affect the structural members of the
building and has a qualifying agent with the experience, knowledge and skill gained by not less
than four (4) years' experience for a State of Florida certified or registered general, general
building, building or sub-general contractor with at least one (1) year as either a superintendent
or foreman or has an accredited college-level education in a construction related field equivalent
thereto, or any combination thereof, with at least one year of proven experience as a
superintendent or foreman and who has satisfactorily passed a building contractors'
examination. A building contractor may construct,,contract for, and take out permits for the work
of any specialty building contractor subject to the limitations contained herein.
2.2 Canvas Awning BLDG 0008
Canvas Awning Contractor is a qualified and certified.to fabricate, erect and install metal-
framed canvas covered awnings or canopies, in or on buildings or other structures, and
ITB 2018-124-WG 27
which may be, in whole or in part supported on a building wall erected and provides by
others, or may be self-supporting, and including the miscellaneous hardware for ready
extension or retraction of such awnings and including footings in connection therewith. The
scope of work of this category shall also include the erection and removal of canvas tents.
Experience requirement as a prerequisite to issuance of certificate shall be one(1)year.
2.3 Concrete Slab Sawing&Core Drilling BLDG 0913
A concrete slab sawing and core drilling contractor is a contractor qualified and certified to cut.
and/or core concrete, asphalt or any masonry combination thereof. Where cutting or coring is
done on any structural member of any building or structure, it shall be under the direct
supervision of the general or prime contractor and professional engineer who is responsible for
that building or structure. All cutting or coring is to be approved by and coordinated between
the general or prime contractor and the specialty or subcontractor as to the layout of the work
to be performed. Such contractor shall have a qualifying agent with experience and skill gained
by at least one (1) year's practical work in this field and who has passed a designated
examination.
2.4 Decorative Concrete&Masonry Fence BLDG 0027
Decorative Concrete and Masonry Fence is qualified and certified to lay concrete block or
erect precast units including columns and caps in fences not to exceed (4)four feet in height.
These fences cannot be used as a building or structural wall. Experience requirement as a
pre-requisite to issuance of a certificate shall be one (1)year.
2.5 Demolition BLDG 0015
A demolition contractor is a contractor qualified and certified to demolish, wreck or
disassemble buildings or other structures or parts thereof and remove the debris therefrom in
such a manner that adjoining structures and properties and parts thereof and workmen and
other persons may be kept safe.
2.6 Door BLDG 0016
Door Contractor is qualified and certified to fabricate and install swinging or sliding doors of
wood or metal or material other than glass not exceeding seven (7) feet in height and not
exceeding six feet(6) in width, except where the glass area therein does not exceed fifty(50%)
of the area of the door and where such door is installed in openings in building walls erected
and provided by others, provided however, that glass or sliding'glass doors shall not'be a part
of the scope of such work. Experience requirement as a pre-requisite to issuance of certificate
shall be one(1) year.
2.7 Drywall BLDG 0017
A drywall contractor is a contractor qualified and certified to install gypsum drywall products to
studs, joists and suspended ceiling channels and to fabricate and install accessories and all
necessary trim in connection therewith including metal and wood studs, runners, hangers,
channels, drywall metal suspension accessories and prefabricated ceiling materials, provided
that any plaster work or troweled material, application of block or wood partitions shall not be a
part of the scope of such work. The experience requirement for the qualifying agent for a drywall
contractor shall be one (1)year and six(6) months.
ITB 2018-124-WG 28
2.8 Fence BLDG 0018
A fence contractor is a contractor qualified and certified to fabricate, assemble,erect and install
fences of masonry, wire, concrete, wood and other fence materials, in such manner that an
acceptable fence can be erected complying with applicable regulations including zoning
regulations. Such contractor shall have a qualifying agent with experience and skill gained by
at least one (1) year's practical working this field and who has passed a designated
examination.
2.9 Finish Carpentry BLDG 0053
Finish Carpentry Contractor is qualified and certified to fabricate and erect cabinets, store
fixtures and similar prefabricated or on-site fabricated enclosures of wood or plastic, of a
non-structural nature. He is also permitted to apply paneling to interior of a structure. The
paneling may be of wood or synthetic products or a combination of both. He may set door
jambs, hang wood doors, and apply miscellaneous molding to a structure. The experience
requirement as a prerequisite to issuance of a certificate shall be two (2) years.
2.10 Flooring BLDG 0020
Flooring Contractor is qualified and certified to fabricate, repair, maintain, install and apply
floor surfacing materials of ceramic tile, asphalt tile, vinyl tile, cork tile, linoleum, parquet wood,
wood strip flooring or similar wearing surfaces, prefabricated or cast-in-place, to floor decks
constructed and provided by others. Experience requirements as a prerequisite to issuance of
certificate shall be one (1) years.
2.11 Garage and Industrial Door BLDG 0022
Garage and Industrial Door Contractor is qualified and certified to fabricate and install
swinging, sliding or overhead doors of unlimited dimension and of any material and where
such door is installed in openings in building walls or attached to a building erected and
provided by others. The scope of this category shall include the installation of incidental
hardware such as, but not limited to locks, fusion linkage, springs, gears or motor operation
except that electric work shall be sub-contracted to a qualified and certified electrical
contractor, provided however, that the installation of glass or sliding glass doors shall not be
a part of the scope of such work. Experience requirement as a requisite to issuance of
certificate shall be one (1)year.
2.12 Glass and Glazing BLDG 0023
A glass and glazing contractor is a contractor qualified and certified to fabricate, install and attach
windows of any type, fixed or movable, and swinging or sliding glass doors to building walls or
columns erected by others including installation of glass-holding or supporting mullions or
horizontal bars which in turn are attached to building walls or columns erected by others,
including the cutting and installation of glass, and shall also include metal accessories and
prefabricated glass, metal or plastic curtain walls or panels. The scope of work shall include the
caulking incidental to all such work and shall include the fabrication and installation of garage and
industrial doors and shower and tub enclosure doors and metal facias, storefront awnings or
canopies.
2.13 Gypsum Drywall Installer BLDS 0098
Gypsum Drywall Installer Contractor is qualified and certified to install gypsum drywall
ITB 2018-124-WG 29
products to studs, joists and suspended ceiling channels, provided that any installation of
studs, joists and suspended ceiling channels and the installation of tape joints and finishes
shall not be a part of such work. Experience requirement as a prerequisite to,issuance of
certificate shall be two (2)years.
-2.14 Gypsum Drywall Finisher BLDS 0099
Gypsum Finish Drywall Contractor is qualified and certified to install tape joints, joint
compounds and finish coatings to gypsum drywall surfaces provided that any installation of
gypsum drywall shall not be part of such work. Experience requirement as a prerequisite to
issuance of certificate shall be two (2) years.
2.15 Insulation and Acoustical Tile BLDG 0025
Insulation and Acoustic Tile Contractor is qualified and certified to fabricate, install and apply
thermal or acoustic or fire retardant acoustic material to walls, floors, ceilings or within such
walls, floors or ceilings, by mechanical or adhesive methods to supporting members provided
by others in such manner that under an agreed specification satisfactory insulation can be
accomplished. The scope of work shall also include the installation of metals channels,
hangers or suspension systems for the supporting of acoustic, thermal or fire retardant
acoustic tile or drop in units, provided however, the insulation of pipes, vessels or ducts or
built up refrigeration boxes or rooms as maybe under the category of a Mechanical Insulation
Contractor or the application of insulation over the top of a roof deck where such insulation is
attached by adhesion shall not be a part of this scope of work. Experience requirement as a
prerequisite to issuance of certificate shall be two (2)years.
2.16 Lathing and Plastering BLDG 0026
A lathing and plastering contractor is a contractor qualified and certified to apply and affix wood,
gypsum or metal lath or any other product prepared or manufactured, including the placing of
metal studs and runners to which lath is to be applied, to provide key or suction bases for the
support of plaster coatings, to provide hangers, channels and other mechanical suspension work
for the support of lath or acoustical tile or other prefabricated ceiling materials, including the ,
channel iron work for the support of metal'or other fire resistive lath on walls, ceilings or soffits, or
for solid plaster partitions; and to coat surfaces with a mixture of sand or other aggregate,
gypsum, plaster, Portland cement or quick lime and water or any combination of such materials
as to create a permanent surface coating and which coatings are usually applied with a
plasterer's trowel or by pneumatic pressure on any surface which offers a mechanical key for the
support of such coatings or to which the coating will adhere by suction. The scope of work shall
not include the erection of wood stud or masonry walls. Such contractor may perform the work of
a drywall contractor.
2.17 Master Electrician ELEC 0001
An electrical contractor is a contractor whose principal contracting business consists of the
execution of contracts requiring the experience, financial means, knowledge and skill to install,
repair, alter, add to or change any electrical wires, fixtures, appliances, apparatus, raceways,
conduit or any part thereof, which.generates, transmits, transforms or utilizes electrical energy
in any form for light, heat, power or communications including the electrical installations and
systems within plants and substations, all in such manner as to comply with all plans,
specifications, codes, laws and regulations applicable and his scope of work shall include that
ITB 2018-124-WG 30
c
of a room air-conditioning contractor, installation only. Such contractor shall have as a
qualifying agent a master electrician. The scope of such contractor's work shall apply to private
and public property and shall include any excavation and paving work incidental thereto, and
shall include the work of all specialty electrical contractors. Such contractors shall subcontract
with a qualified contractor in the field concerned, all other work incidental to the work, but
which is specified herein as being the work of a trade other than that of an electrical contractor.
2.18 MasterBurglar Alarm ELEC 0002
A burglar alarm,specialty electrical contractor is a contractor qualified to install, repair, alter,
add to or change any system electrically energized, in whole or in part, for the detection,
prevention or control of burglary. The scope of these systems shall include conductors and
raceways, radio frequency carriers, laser beams, light beams, sonic beams, and any other
means of signal transmissions, as well as all apparatus pertaining to burglar alarm systems. A
burglar alarm specialty electrical contractor may connect to an existing separate circuit of
approved capacity, which is terminated in an approved outlet,junction box, or fused disconnect
switch within six (6) feet of the equipment to be energized. Such contractor shall have as a
qualifying agent a burglar alarm master. Also burglar alarm journeymen are required in this
trade.
2.19 Master Plumber PLUM 0001
A plumbing contractor is a contractor whose contracting business consists of the execution of
contracts requiring the experience, financial means, knowledge and skill to install, maintain,
repair, alter or extend plumbing, septic tanks, drainage and supply wells, swimming pool and
piping or solar heating systems and all appurtenances, apparatus or equipment used in
connection therewith, including boilers and pressure and process piping and including the
installation of water, gas, storm and sanitary sewer lines,'and for the mechanical installation of
gas, water and sewage plants and substations. The scope of work of the plumbing contractors
shall also include the installation, maintenance, repair, alteration or extension of airpiping,
vacuum line piping, oxygen line piping, nitrous oxide piping, fire line standpipes and fire
sprinklers, ink and chemical lines, gasoline piping and tank and pump installation (excepting bulk
storage plants) and pneumatic control piping systems, all in such a manner as to comply with all
plants, specifications, codes, laws and regulations applicable. Such contractor shall haveas
qualifying agent a master plumber. The scope of work of the plumbing contractor shall apply to
private and public property, shall include any excavation work incidental thereto and shall include
the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified
contractor in the field concerned, all other work incidental to the work, but which is specified
herein as being the work of a trade other than that of a plumbing contractor. The scope of work
of such a contractor does not include the installation of chilled water lines or related work
incidental thereto.
2.20 Master Lawn Sprinkler PLUM 0003
A lawn sprinkler contractor is a contractor, having the financial means and who has a qualifying
agent with one (1) year experience in the lawn sprinkler trade, and qualified and certified to
install, maintain, repair, alter or extend .a lawn sprinkling system and appliances and devices
used in connection with such systems, except that such systems shall not include the drilling of
wells or the connecting of such systems to potable water. Sprinkler and irrigation systems used
for agricultural purposes shall not be included within the scope of this subsection.
ITB 2018-124-WG 31
2.21 Master Pool Maintenance(unlimited) PLUM 0009
Swimming pool maintenance contractor (unlimited) is a contractor qualified and certified to do
the work of a swimming pool maintenance contractor (limited) and is covered by the same
definition except that the swimming pool maintenance contractor (unlimited) shall be able to,
carry on all such work in connection with both private and public pools. A pool maintenance
-contractor is not permitted to do any other plumbing, electrical, or mechanical work as covered
by the Florida Building Code, or to do any of the original construction on installation in a new
pool.All employees of Swimming Pool Maintenance Contractors both limited and unlimited who
are engaged in the cleaning and treatment of water in existing swimming pools shall possess a
current swimming pool operator's certificate.
2.22 Master Swimming Pool Piping PLUM 0010
A swimming pool piping contractor is a contractor having the required financial means and
having a qualifying agent as provided herein. Such qualifying agent shall have experience and
skill gained by not less than one (1) year of experience, or its educational equivalent, or a
combination of such experience and education, in installing swimming pool piping under the
supervision of a plumbing contractor or a contractor making swimming pool piping installations.
Such qualifying agent shall be qualified, examined, and certified to perform the functions within
the scope of work of a swimming pool piping contractor as hereinafter provided. The scope of
work of a swimming pool-piping contractor shall permit such a contractor to install, maintain,
repair, alter, or extend swimming pool piping systems including the pumps, filters, pool heaters
and chlorinators incidental to swimming pools and involving the means of disposing of pool
water. The scope of work in this classification shall not include the making of connections to any
water supply to be used for human consumption or to sanitary or storm sewers nor shall the
scope of work include the installation of any lawn sprinkler system. The swimming pool piping
contractor shall have a qualifying agent at all times. A contractor holding a current, valid
certificate of competency as a swimming pool piping contractor on the effective date of this
section shall continue to be entitled to such certificate and to do, contract for, and take out any
permits which might be required for the work of a swimming pool piping contractor.
2.23 Master Air Conditioning Unlimited MECH 0003
An air conditioning contractor (unlimited) is a specialty mechanical contractor qualified and
certified to install, repair, alter, add to or change any system of air conditioning, heating and
ventilating, unlimited in horsepower or tons, including any or all duct systems necessary to
make complete an air conditioning system and including the installation of a condensate drain
from an air conditioning unit to an existing safe waste or other approved disposal other than a
direct connection to a sanitary disposal system; provided that boilers or unfired pressure
vessels shall not be a part of the scope of work.
2.24 Master Gasoline Tank and Pump MECH 0009
A gasoline tank and pump contractor is a specialty mechanical contractor qualified and certified
to install, maintain, repair, alter or extend any system used for storing and dispensing of
gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures to be used solely
in connection with gasoline filling stations dispensing fuel to mobile vehicles or marine
equipment; provided, however, bulk plants shall not be a part of the scope of such work.
ITB 2018-124-WG ' 32
2.25 Master General Mechanical MECH 0001
A general mechanical contractor is a contractor whose contracting business consists of the
execution of contracts requiring the experience, financial means,knowledge and skill to perform
the following: install, maintain, repair, alter or extend air conditioning, refrigeration, heating,
'ventilating, boiler and unfired pressure vessel systems, and all appurtenances, apparatus or
equipment used in connection therewith; also, piping, duct work, insulation of pipes, vessels and
ducts, pressure and process piping, installation of chilled water lines and related work incidental
thereto, pneumatic control piping, gasoline tank and pump installations, piping for gasoline tank
and pump installations, fire sprinkler systems and standpipes, air piping, vacuum line piping,
oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, mechanical
sections of sewage disposal and water treatment plants and installing a condensate drain from an
air conditioning unit to an existing safe waste or other approved disposal other than a direct
connection to a sanitary system, all in such a manner as to comply with all plans, specifications,
codes, laws and regulations applicable. Such contractor shall have as qualifying agent a general
mechanical master. The scope of work of such contractor shall also include any excavation work
incidental thereto, but shall not include any work specified in this chapter as being the work of any
other trade or contractor, such as but not limited to liquefied petroleum or natural gas fuel lines
within buildings, potable water lines, or connections thereto, sanitary sewer lines, swimming pool
piping and filters and electrical work. The scope of the work of such a contractor shall also
include the work of a specialty mechanical contractor, except for elevator and transporting
assembly installations; and if there is work incidental to such contractors authorized scope of
work to be performed pursuant to contract for which such contractor does not hold a certificate of
competency, such work shall be subcontracted to a qualified contractor in the trade concerned.
2.26 Plumber Maintenance PLUM 0004
Maintenance plumber is a person qualified and certified by examination to maintain plumbing
installations. The work of the maintenance plumber shall be confined to maintenance repairs
involving only the working parts of a faucet or valve,the clearance of stoppages, repairing of leaks
and the replacement of defective faucets or valves contained and used upon the premises or
building owned, occupied or otherwise controlled by the person, firm or corporation by whom the
maintenance plumber is regularly employed. Maintenance plumbers' work shall not include the
Cutting into, connecting to or extension of potable water lines, or drain waste and vent systems.A
certified master or journeyman plumber shall automatically qualify as a maintenance plumber.
2.27 Roof Deck BLDG 0046
A roof deck contractor is a contractor qualified and certified to erect, construct, fabricate and
install roof decks of Portland cement or gypsum concrete, using lightweight aggregate, on
joists or other supporting members erected by others, and shall include the placing of forms
and welding of supporting members for forms and miscellaneous reinforcing of the deck and
the proportioning, mixing and placing of cement; aggregate and water, provided, however, that
roof decks of wood, metal, heavy aggregate concrete, glass or plastic and the application of
roofing felts or other water resistant membranes shall not be a part of the scope of such work.
The experience requirement for the qualifying agent for a roof deck contractor shall be one (1) ,
year.
2.28 Structural Steel Erection/BLDG 0054
A structural steel erection contractor is a contractor qualified and certified to erect structural
ITB 2018-124-WG 33
steel shapes and plates including such minor field fabrication as may be necessary, of any
profile, perimeter or cross-section, that are or may be used as structural members for buildings
and structures,'including steel joists, steel decking and siding, and communication towers, and
including riveting, welding and rigging only in connection therewith. The experience requirement
for the qualifying agent for the structural steel erection contractor shall be five(5)years.
2.29 Swimming Pool BLDG 0055 3 years'experience
A swimming pool contractor is a contractor whose scope of work involves two (2) or more
building trades or crafts and is qualified and certified to excavate, construct, fabricate, install and
equip swimming pools and such contractor shallsubcontract to a qualified contractor, in the field
concerned, all other work set forth in this chapter as being the exclusive work of a plumbing,
electrical, mechanical or liquefied petroleum gas contractor.
3.1 CONDITIONS OF THE WORK. The following requirements and conditions shall apply to all
work performed pursuant to any resulting contract to this ITB.
3.1.1 Quality of Work. All work shall be performed in accordance with generally accepted
industry principles, standards and practices, including but not limited to the South Florida
Building Code and the most stringent standard for the applicable industry orpategory of work.
3.1.2 Account Representative. Bidder shall provide a dedicated Contact Person, Phone
Number and E-Mail Address for twenty-four (24) hours, seven (7) days a week, electronic
communication. This person must be available to answer telephone communications during
normal working hours (Monday thru Friday), and an answering machine/service for occasions
that an individual is not available.
3.1.3 Project Representative. Bidder shall provide a dedicated Contact Person, Phone
Number and E-Mail Address for twenty-four (24) hours, seven (7) days a week, electronic
communication. This person must be available to answer telephone communications during
normal working hours (Monday thru Friday), and an answering machine/service for occasions
that an individual is not available.
3.2 Performance and/or Payment Bond. Performance and payment bond, in the full amount of
the value of the project, will be required for projects exceeding $200,000. Refer to Section 0200,
Instructions to Bidders, 25. Bid Bonds, Performance Bonds, and Certificates of Insurance (As
amended by Florida Statute Section 255.20). Within seven (7) calendar days of notification by the
City, Contractor shall furnish a Performance Bond from an A-rated Financial Class V Surety
Company. If the vendor fails to deliver the bond within this specified time the City shall declare the
vendor in default of the contractual terms and conditions, and the City shall not accept any offer
from that vendor for a twelve (12) month period following such default. The following specifications
shall apply to any bond provided:
A. All bonds shall be written through surety insurers authorized to do business in the
State of Florida as surety, with the following qualifications as to management and
financial strength according to the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey:
Bond Amount Best Rating
500,001 to 1,500,000 B V
ITB 2018-124-WG 34
1,500,001 to 2,500,000 A VI
2,500,001 to 5,000,000 A VII
5,000,001 to 10,000,000 A VIII
Over 10,000,000 A IX
B. On contract amounts of $500,000 or less, the bond provisions of Section
287.0935, Florida Statutes (1985) shall be in effect and surety companies not
otherwise qualifying with this paragraph may optionally qualify by:
1. Providing evidence that the surety has twice the minimum surplus
and capital required by the Florida Insurance Code at the time the
solicitation is issued;
2. Certifying that the surety is otherwise in compliance with the Florida
Insurance Code; and
3. Providing a copy of the currently valid Certificate of Authority issued
by the United States Department of the Treasury under SS. 31 USC
9304-9308.
Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of
the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published
annually. The bond amount shall not exceed the underwriting limitations as shown
in this circular.
C. For contracts in excess of 500,000 the provisions of Section B will be adhered to
plus the company must have been listed for at least three consecutive years, or
holding a valid Certificate of Authority of at least 1.5 million dollars and on the
Treasury List..
D. Surety Bonds guaranteed through. U.S. Government Small Business
Administration or Contractors Training and Development Inc. will also be
acceptable.
E. In lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a
certified cashier's check made out to the City of Miami Beach, Florida, will be
acceptable. All interest will accrue to the City during the life of this contract and/or
as long as the funds are being held by the City.
F. Bond(s)shall be recorded in the public records of Miami-Dade County and provide
City with evidence of such recording.
3.3 Field Measurements. Unless specifically instructed otherwise by the City, in writing, the
Contractor shall be responsible for the location and layout of all work, and shall be responsible
for all field measurements and elevations that may be required for execution of the work to the
exact position and elevation. In the case of dimensions, field dimensions, etc. it shall be the
Contractor's responsibility to field measure,obtain and verify same.
3.4 Contractors Use of Project Site. The Contractor shall limit its use of the facility or
premises to the Scope of Work, so as to allow for the City's continuous operation. This is
ITB 2018-124-WG 35
necessary as many of the sites where work will be performed will remain in operation during
work.
3.5 Damages to Public/Private Property. The contractor shall carry out the work with such
care and methods as not to result in damage to public or private property adjacent to the work.
Should any public or private property be damaged or destroyed,,the contractor, at his/her
expense, shall repair or make restoration as is practical and acceptable to the City and/or
owners of destroyed or damaged property promptly within a reasonable length of time. (Not to
exceed one month from date damage was done). Building and other damages caused by
Contractor's employee(s) shall be estimated by the Project Manager and computed actual
costs of repairs shall be deducted from the Contractor's billing(s).
3.6 City Furnished Drawings. Whenever possible the City will furnish drawings, if available,
however there may be times where there are no drawings available for the Contractor. It shall
be the sole responsibility of the Contractor to bring to the attention of the Project Manager any
discrepancies between the drawings and existing conditions, excluding hidden conditions, prior
to commencing the Work. The Contractor shall be solely responsible for verifying the drawings
prior to commencing the Work and shall be responsible for any errors or revisions of the Work
which might have been avoided by notifying the City prior to commencement. This shall apply
to any revisions or omissions identified by the Contractor. The Contractor shall have no basis
for any claim for additional costs resulting from its failure to identify any required revisions,
omissions, errors, etc., not identified in writing to the PM prior to commencing the Work.
3.7 Public Convenience and Safety. The contractor shall conduct his work so as to interfere
as little as possible with private business or public travel. He shall, at his own expense,
whenever necessary or required, maintain barricades, maintain lights, and take such other
precautions as may be necessary to protect life and property, and he shall be liable for all
damages occasioned in any way by his actions or neglect or that of his agents or employees.
3.8 Performance. The Contractor shall be fully responsible for performing all the work
necessary to meet City standards in a safe, neat, and good workmanlike manner, using only
generally accepted methods in carrying out the work and complying with all federal and state
laws and all ordinances and codes of the City relating to such work.
3.9 Safety Measures. Contractor shall take all necessary precautions for the safety of
employees, and shall erect and properly maintain at all times all necessary safeguards for the
protection of the employees and the public. Danger signs warning against hazards created by
his/her operation and work in progress must be posted. All employees of contractor shall be
expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when
and wherever applicable. The contractor shall use only equipment that is fully operational and
in safe operating order. Contractor shall be especially careful when servicing property when
pedestrians and/or vehicles are in close proximity-work shall cease until it is safe to proceed.
3.10 Workmanship and Materials. All parts installed and materials used in performance of
this contract shall be new and unused (of current design or manufacture). Salvage materials
will not be allowed without the express consent of the City. All materials and workmanship shall
be of,the highest quality and shall conform to all applicable Building Codes, so as to ensure
ITB 2018-124-WG 36
safe and functional operation. The City shall be the sole judge as to parts and workmanship.
3.11 Personnel. Bidder shall be deemed to represent that it has, or will have upon the award
of the Contract, all necessary personnel required to perform all services arising from the award
of the Contract. All personnel employed shall be employees of Bidder. Personnel assigned to
perform services at any of the City's facilities must hold current licenses as reflected within this
Invitation to Bid. All the services required herein shall be performed by the successful Bidder,
and all personnel engaged in performing the services shall be fully qualified to perform such
services.
All personnel of the successful bidder must be covered by Workmen's Compensation,
unemployment compensation and liability insurance, a copy of which is to be provided to the
City. Bidder shall be deemed to represent that it.has, or will have upon the award of the
Contract, all necessary qualified personnel required to perform all services arising from the
award of the Contract.
3.12 Hourly Rates. Hourly rates submitted by Contractors shall include all taxes, insurance,
social security, workmen's compensation, and any other benefits normally paid by the Bidder
to its employees. Payments will be made in arrears, for services rendered, upon submission of
properly certified invoices and/or approved inspections reports. All such information shall.be
provided to the Project Manager for his approval in advance of payment.
3.13 Labor, Supervision, Materials and Equipment. The Contractor shall furnish, at his/her
own expense, all labor, supervision, equipment, materials, supplies, paper products, and other
equipment necessary for satisfactory completion of all the services as specified in this
Invitation to Bid.
3.14 Failure to Perform. Should it not be possible to reach the contractor or supervisor and/or
should remedial action not be taken within 48 hours of any failureto perform according to
specifications, the City reserves the right to declare Contractor in default of the contract or
make appropriate reductions in the contract payment.
3.15 Work Completion. The City shall be notified by the Contractor upon completion of work.
The City shall inspect and approve completed work before authorizing payment. Work not
satisfactorily completed shall be redone by the Contractor at no additional charge to the City.
3.16 Cleaning and Protection. The Contractor,shall during the handling and installation of
work, clean and protect the Work in progress and adjoining areas on the basis of continuing
maintenance; apply protective covering on installed Work where it is required to insure
freedom from damage or deterioration at time of substantial completion.
Remove and dispose of all debris, trash and excess materials from the site resulting from
Work; removal shall take place daily and more often if hazards or interference are presented;
dispose of all material removed off the site in accordance with Federal, State and local laws.
Should the Contractor fail, refuse or neglect to remove rubbish, waste materials, and
temporary Work or to clean the site as required, the City may, without obligation to do so,
ITB 2018-124-WG r 37.
remove and dispose of the rubbish, waste material, and temporary work and clean the site and
deduct the resulting cost from monies due or to become due to the Contractor under this
Contract.
The Contractor shall handle waste materials that are hazardous, dangerous or unsanitary
separately from other inert waste by containerizing appropriately; disposing of waste materials
in a lawful manner.
Immediately after completion-of each phase of the Work and prior to final acceptance of the
Work by the Project Manager, the Contractor shall remove all plant, surplus materials, false
work, temporary structures, and debris resulting from his operation. The site shall be cleaned
in a neat, presentable manner satisfactory to the Project Manager.
3.17 Differing Site Conditions. The Contractor shall promptly, before such conditions are
disturbed, notify the Project Manager in writing of; (1) latent physical conditions at this site
differing materially from those indicated in the request for quote and/or drawing, or(2) physical
conditions at the site, of an unusual nature, differing materially from those ordinarily
encountered and generally recognized as occurring in work of the character provided for in the
request for quote or this Contract, but unknown to the Contractor until encountered during
prosecution of the Work.
3.18 Warranty of Construction. For a period of one year, except as provided below, from the
date of Completion, the Contractor warrants that the Work conforms to the Contract
requirements and is free of any patent and/or latent defect of the material workmanship
Exceptions to the above year warranty.
Where the manufacturer of material provides a warranty in excess of one year the Contractor
shall provide the City with the Manufacturer's warranty. Contractor shall be obligated to provide
to the City copies of all Manufacturer's warranties and guarantees.
3.19 Contractor Furnished Drawings. A request for quote may require the Contractor to
furnish shop and/or as-build drawings depending on the nature and scope of the work to be
performed. The decision to require such drawings is at the discretion of the City. Where
required by the request for quote, the Contractor shall furnish as-built drawings to the PM.
Final payment shall not be made until the as-build drawings are received and accepted by the
J
PM.
3.20 Permits, Licenses and Impact Fees.All permits and licenses required by federal, state
or local laws, rules and regulations necessary for the prosecution of the Work undertaken by
Contractor pursuant to this Contract shallbe secured by Contractor. It is Contractor's
responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work
to be performed and valid for the jurisdiction in which the Work is to be performed for all
persons working on the Project for whom a Certificate of Competency is required.
The City will reimburse the contractor 100% of the cost of the permits only. No administrative
fee is allowed to be assessed to the cost of the permits. Costs for re-inspections will not be
reimbursed.
ITB 2018-124-WG 38
Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor.
Contractor shall be reimbursed only for the actual amount of the impact fee levied by the
municipality as evidenced by an invoice or other acceptable documentation issued by the
municipality. Reimbursement to Contractor in no event shall include profit or overhead of
Contractor.
3.21 Maintenance of Traffic (MOT). Contractor must meet all Maintenance of Traffic (MOT)
Standards as per the latest Florida Department of Transportation Construction Manual. Work
should be conducted in such a manner that all streets shall be open to traffic at night.
Approved MOT with sufficient barricades, signs and lighting shall be maintained at all times for
the safety of the public and traffic, and to insure that no traffic will pass over the placed
material until it has properly cured.
It will be the responsibility of the Contractor to provide proper MOT including all barricades,
signs, and lighting in accordance with the above stated requirements. The Contractor shall be
responsible for providing an off-duty police officer, if necessary to complete job.
3.22 Mobilization and Demobilization. It will be the responsibility of the Contractor to cover
all costs associated with mobilization and demobilization for the duration of the project..
ITB 2018-124-WG 39
J
APPENDIX D
MIAMI EAc
Special Conditions
2018- 124-WG
Building and Specialty Trade
Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-124-WG 40
1. Term of Contract. This contract shall remain in effect for three (3) years from date of contract
execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the
contract at the sole discretion of the City Manager for an additional two (2), one (1) year
periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative,
not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best
interest of the City of Miami Beach.
In the event that the contract is held over beyond the term herein provided it shall only be from
a month-to-month basis only and shall not constitute an implied renewal of the contract. Said
month to month extension shall be upon the same terms of the contract and at the
compensation and payment provided herein, and shall not exceed six(6) months.
2. Roadmap for Projects Awarded on-a Time and Materials Basis. The City may award work
on a time and materials basis in accordance with hourly rates and administrative mark-ups
offered. The Project Manager shall select the contractor deemed to be best qualified for the
project. In doing so, the criteria specified in Section 2-369 of the City Code may be considered.
In the event that the contractor with the lowest cost is not selected, the reason(s) shall be
documented on the purchase requisition.
2.1 Purchase Orders are required for all work. All invoices shall reflect the accurate Purchase
Order number. Failure to do so will result in rejection of invoice.
2.2 Work Day. For billing purposes, regular working hours are from 7:00 a.m. to 5:00 p.m.,
Monday through Friday. Calls outside these hours and days will be considered non-regular.
Work outside of regular working hours must be previously authorized by the City.
2.3 Administrative Mark-up for Parts and Materials. For parts and materials ordered under
this option, vendors shall provide quotes or invoice, as determined by the Contract Manager,
based on the cost of parts and materials plus the agreed to mark-up. In determining cost of
materials to-which the mark-up may be applied, the contracting officer may:
i. require the vendor to provide actual cost of parts and materials (e.g., contractor's invoice,
MSRP, etc.) prior to the issuance of a Purchase Order or approval'of an invoice; or
ii. may require the vendor to seek,and document competition from its sources for the
required parts or materials; or
iii. may obtain any data are available from primary or other secondary sources and use
that data in determining a fair and reasonable price.
The cost of any ancillary third-party services that are provided by the vendor, with prior approval
of the Contract Manager, may be determined in the manner prescribed above.
3. Roadmap for Projects Awarded Pursuant to Pool of Pre-qualified Contractors. In lieu of a
time and materials order, the project/contract manager may request quotes from contractors
authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders
(awarded or not) are eligible to participate in the Pre-Qualified Bidder,Pool, at the discretion of the
bidder and as indicated on the Cost Proposal Form at the time of submission. At its own expense,
the contractor shall visit the site and prepare a lump sum detailed quotation (inclusive of all labor,
materials, and all other costs. Each quote prepared by the contractor shall include an acceptable
description of the nature, extent and character of the work required, as well as performance and
delivery schedules. In the alternative, project managers may require an itemized breakdown of the
lump sum amounts.
ITB 2018-124-WG 41
3.1 For projects with an estimated cost up to the amount specified in City Procedure P016.02,
Threshold Category 1 (currently $10,000 or as amended), the project/contract manager may
select the contractor deemed to be best qualified.
3.2 For projects with an estimated cost exceeding the amount specified in City Procedure
P016.02, Threshold Category 1 (currently $10,000 or as amended), the project/contract
manager shall solicit three quotes. Following the determination of the best quote, in the City's
sole discretion, a Contractor Service Order (CSO) will be executed for the project. See
Appendix G for sample CSO. Prior to issuing a Purchase Order, for projects $50,000 or
greater, the City Manager's approval is required. The City Manager's approval, along with a
justification, is also required when the contractor offering the lowest cost is not selected.
3.3 In determining the lowest and best contractor for the project, in addition to price, there
shall be considered the following:
(1) The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without
delay or interference.
(3)The character, integrity, reputation,judgment, experience and efficiency of the
bidder.
(4)The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
4. Limitation of Project. Pursuant to Florida State Statute Section 255.20, a county, municipality,
special district as defined in chapter 189, or other political subdivision of the state seeking to
construct or improve a public 'building, structure, or other public construction works must
competitively award to an appropriately licensed contractor each project that is estimated in
accordance with generally accepted cost-accounting principles to cost more than $300,000. For
electrical work, the local government must competitively award to an appropriately licensed
contractor each project that is estimated in accordance with generally accepted cost-accounting
principles to cost more than $75,000. Projects awarded pursuant to this ITB shall be limited to
these thresholds. Construction projects exceeding $300,000 or electrical projects exceeding
$75,000 may not be awarded pursuant this ITB.
5. Estimates.The project/contract manager may require the contractor to provide an estimate prior
to the commencement,of work. Any actual charges that exceed estimate amounts must be pre-
appr`oved by the project/contract manager.
6. Prices Shall Be Fixed And Firm For Term Of Contract. If the bidder is awarded a contract
under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and
firm during the three (3) year term of this contract; provided, however, that the bidder may offer
incentive discounts from this fixed price to the City at any time during the contractual term.
6.1 Option To Renew With Price Adjustment. The contract could be extended for an
additional two (2), one (1) year terms, on a year to year basis, at the sole discretion of the City
Manager. Prior to completion of each exercised contract term, the City may consider an
adjustment to price based on Consumer Price Index increase. Change shall not be more than
the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas)
computed 60 days prior to the anniversary date of the contract.
ITB 2018-124-WG
, 42
J
It is the vendor's responsibility to request any pricing adjustment under this provision. For any
adjustment to commence on the first day of any exercised option period, the vendor's request
for adjustment should be submitted 60 days prior to expiration of the then current contract
term. The vendor adjustment request must clearly substantiate the requested increase. If no
adjustment request is received from the vendor, the City will assume that the vendor has
agreed that the optional term may be exercised without pricing adjustment. Any adjustment
request received after the commencement of a new option period may not be considered.
7. Force Majeure. Except as otherwise expressly provided herein, neither party shall be
considered in default in the performance of its obligations hereunder to the extents that such
performance is prevented or delayed by any cause, existing or future, which is not within the
reasonable control of,such party including, but not limited to, acts of God or public enemy, fire,
explosions, rots, strikes (not including strikes of the Contractor's Staff Personnel), or war.
Notwithstanding the foregoing, the failure of any of the Contractor's suppliers, or the like shall not
excuse the Contractor's performance except to the extent that such failures are due to any cause
without the fault and reasonable control of such suppliers, or the like including, but not limited to,
acts of God or the public enemy, fires, explosions, riots, strikes (not including strikes of personnel
of the Contractor's suppliers), or war.
8. Background Checks. The contractor shall conduct a full criminal background check at its own
expense on each of its employees engaged in providing services under this ITB or any resulting
Agreement prior to the commencement of said services. No contractor employee shall be eligible to
perform services, pursuant to this ITB or resulting Agreement, if he or she: (1) has been convicted
of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of
trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen
property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents
and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to
homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats;
kidnapping; assault; battery; and illegal weapon possession, sale or use. The contractor shall
defend, indemnify and hold the City, its officers, employees, and agents harmless from and against
any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or
damages arising out of its failure to comply with this requirement.
9. Master Contract, Purchase Orders & Contractor Service Orders (CSO). A Master Contract
shall be executed for each awarded contractor. The Master Contract shall outline the terms and
conditions of ail work, and incorporate the requirements of this ITB. See Appendix G for sample
contract. Purchase Orders are required prior to the commencement of any work. Projects awarded
pursuant to the pool of prequalified contractors that exceed $50,000in value will require an
executed CSO prior to issuance of a Purchase Order.
ITB 2018-124-WG
43
APPENDIX E
"}„
e
Bid Price Form
2018- 124-WG
Building and Specialty Trade
Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-124-WG 44
•
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements'of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 1'—Building'ContractorBLDG0002
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
1A Hourl Rate-Re•ular 100 Hourly Rate
1B Hourl Rate-NonR-•ular 20 Hourly Rate
Sub-total Group l_Labor Only(Items 1A_+1B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u•
1C . Su••'lies&Materials $2500 %.
I—
I— _ ____ _ -_ _- . __- -- —Sub-total Group 1—Supplies and Materials 0nly_(Item 1C))j
I_ — _ _ ___Total Group 1 Labor+Supplies and Materials.(1A—C)
IMianii-Dade BLDG 0002 License No.: 2B'onding Capacity: $
3MinimumOrder Accepted: _ $ 4Participate in Pregualified Pool: _ Yes / No
See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 45
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, 'inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 2Canvas Awning.BLDG 0008
Group Estimated Annual Line Total
I Item Descri•tion Hours UIM Unit Cost Quantit x Unit Cost
2A Hourl Rate-Re•ular 100 Hourly Rate
_2B _ Hourl Rate-Non R-•ular 20 Hourly Rate
Sub total Group 2'=Labor Only(Items 2A+26:)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u• Mark-u•
_ 2C_ _ Su••lies&Materials _$2500__
Sub-total' •Group 2-Supplies and:Materials Onlyjltem 2C)
Total Group 2_-Labor+Supplies and Materials(2A-.C)
11i-init.-Dade BLDG 0008 License No.: Bondin
2g Capacity:_— _ • $
3Minitnum Ord r Accepted':, _ 4Partrcipate in Prequalified POO—F:7 Yes / No
See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
^ See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or'2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company: -
Authorized Representative: -
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 46
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
•
— ---------- --- ---- - - -- --- - - - --- ----- ---- - - -
L —_-- Group 3—Concrete Slab Sawing&Core Drilling BLDG 0013
Group Estimated Annual Line Total
Item Descri.tion Hours. U/M Unit Cost Quantit x Unit Cost
3A Hourl Rate-Re.ular 100 Hourly Rate
3B Hourl Rate-Non Re.ular 20 Hourly Rate
Sub-total Group.3—Labor Only_(Items-3A-+36)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u.
3C Su.•lies&Materials $2500
Sub-total Group3=Supplies and Materials Only...(Item 3C)_'
L T —_ Total Group,:3—Labor+Supplies and Materials(3A—C).-
i Miami-Dade BLDG 0013 License No.: 2Bonding Ca s aci : $
3Minimum;Order Acce.ted: $ 'Partici sate in Pre•ualified Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity. -
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 47
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance,`cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
---- - -- - - -- ---- - -- ---
-Group 4__Decorative Concrete&Masonry Fence BLDG_0027_ — -
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
4A Hourl Rate-Re•ular 100 Hourly Rate
4B Hourl Rate-Non R-•ular 20 Hourly Rate
Subtotal Group 4_Labor Only(Items 4A+4B)-I
--- - - --- _--- - ---� - -- Line Total
(Annual Estimated
Group I Estimated Annual Gross Cost x Admin
Item Descri.tion - Gross Costs Administrative Mark-u. Mark-u•
4C Su•dies&Materials $2500
Sub-total Group 4-Supplies and Materials Only(Item 4C)
'.) — _._. ________ _--_— _-Total_Group;4-Labor+Supplies and Materials(4k-C)
1Miami-Dade BLDG 0027 LicenseN'o.:. zB� onding Ca acit _ _ _ $
3Minimum Order Acce.ted: $ 4Participate in.Pre.ualified Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance withthe terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 48
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 5 Demolition:BLDG 0015
GroupEstimated Annual Line Total
Item Descri•tion Hours UIM Unit Cost Quantit x Unit Cost
5A Hourl Rate-Res ular 100 Hourly Rate
5B Hourl Rate-NonR-•ular 20 Hourly Rate
Sub:total Group5—Labor Only(Items-5A+58)_
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u•
5C Su•'lies&Materials $2500
Sub-total Group 5—Supplies;and Materials Only(Item 5C)
Total Group 5'—Labor+Supplies and.Materials(5A—C)_
1Miami-Dade BLDG 0015 License No.:. ?Bondi g Chit :, $
3Minimum Order Acce•ted: $ 'Partici•ate ii Pre•ualified Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure. ,1
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 49
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group:6 Door BLDG 0016
Group Estimated Annual Line Total
Item Descri tion Hours UIM Unit Cost Quantit x Unit Cost
6A Hourl Rate-Re.ular 100 Hourly Rate
6B Hourl Rate-Non Re•ular 20 Hourly Rate
Sub-total Grow 6,_Labor Only(Items 6A+6B_)_ I
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item - Descri.tion Gross Costs Administrative Mark-u• Mark-u•
6C Su••lies&Materials $2500
Sub-total Group 6—Supplies and Materials Only(Item 6C)
Total Group_6—Labor�Supplies and Materials(6A—C)
1Miami-Dade BLDG,0016 License No.: 2Bondin• Cada : $
3Minimum Order Acce.ted` $ 4Participate it Pre.ualified Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 50
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
—-— -- — Group 7-Drywall 0017 - — - -- - -
Group Estimated Annual Line Total
Item Descri.tion Hours" U/M Unit Cost Quantit x Unit Cost
7A Hourl Rate-Re.ular 100 Hourly Rate
7B Hourl Rate-Non R-•ular 20 Hourly Rate
Sub-total_Group 7-Labor Only(Items:7A+
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u.
7C Su..lies&Materials $2500
Sub-total Group 7-Sup•lies and Materials Only_(Item 7C)j
Total Group 7-Labor+Supplies and Materials(7A;-C)'
'Miami-Dade:BLDG 0017 License No.: ' 2Bondin. Ca acit : $
3Minimum Order Acce.ted: $ 'Partici sate in Pre.ualifiePool:` � Yes / No
1 See Appendix C, Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 51
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire'cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
— -— — ---Group4'-Fence BLDG:0018 - _-,
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
8A Hourl Rate-Res ular 100 Hourly Rate
8B Hour! Rate-Non Res ular 20 Hourly Rate
Sub-total Group _Labor Only(Items8A+8B) '
- Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u.
8C _Su••lies&Materials $2500
r u Sub-total Group 8.-Supplies and Materials.Only-(Item 8C)_
-- -- - ------- ----_--_—---- -------
TotalGroup 8_L.abor+Supplies and-Materials,(8A-C) •
Dade BLDG 00618 License No:; 2Bondi Ca acity: ; $
3Minimum;Order;Accepted: $ 'Partici ate in Pre.ualif^ied Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2, Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 52
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
_ Group 9--Finish.Carpentry BLDG 0053
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
9A Hourl Rate-Re.ular 100 Hourly Rate
r_ 9B Hourl Rate-Non R-Iular20 Hourly Rate
_ _ Sub-_tota_l Group 9—Labor Only_(Items 9A 9B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u• Mark-u.
9CSu••lies&Materials $2500
Sub-total Group 9_Supplies and Materials,Only(Item 9C)
Total Group 9—Labor+Supplies and,Materials(9A—C)
1Miami-Dade BLDG 0053 LicenseNo,: 2Bonding. a
C_pacity: _ $
3Miriirnurn Order Accepted:, 4Participate n Prequalified:Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 53
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
_ -- - _ _ _
— Group;1`0�-Fio.oring;BLDG'0020 - - - - - _ _
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
10A Hourl Rate-Res ular 100 Hourly Rate
tt 10B_ Hou-
rl Rate-N_o__n Re._ula_r 200Hourly Rate
___ Sub-total_Group 10'-Labor Only(Items 10A+10B)
Line Total
(Annual Estimated
Group Estimated Annual. Gross Cost x Admin
Item Descri•tion Gross Costs Administrative Mark-u• Mark-u.
10C _ _ Su•.lies&Materials $2500
- ---- - - - -- - -
f -- __ -_ -_ — Sub-total Group 10_Supplies and Materials Only_@tern 1_0C)
L ___ _ Total Group 10 _Labor+Supplies and Materials_(10A-C).
1Miami-Dade,BLDG 0020 License_ _ No.:_' 2Bonding Ccacity_
Mi'n $
,3imum bider Acceptedc. $ 4Participate ri Prequalified Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 54
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms confpleted in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
-
Group 11—Garage and Industrial Door,BLDG 0022
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
11A Hourl Rate-Re•ular 100 Hourly Rate
11B Hourl Rate-Non R-•ular __ _ 20 Hourly Rate
_ S_ub-total.Group 11'—Labor Only(Items 11A+113)
-
Line Total
(Annual Estimated
Group Estimated Annual • Gross Cost x Admin
Item - Descri.tion Gross Costs Administrative Mark-u. Mark-u•
11C . Su•dies&Materials $2500
_Sub_total Group 11—Supplies and Materials_Only_(Item 110)
_Total Group 11—Labor+Supplies and Materials(11A—C)
1Miami-Dade BLDG,0022.License No.: 2Bonding.Capacity: $
3Minimum Order Accepted: $ 4Partici*ate in P're.ualified.Pool: Yes I No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awardedpursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:,
•
Telephone:
Email:
Authorized Representative's Signature:
ITB '2018-124—WG 55
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless'a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
- -- — - ---- -- - - - -- - ----- --- -- - - --- - ------ -- - - - - - -- - -
Group 12—Glass and Glazing BLDG 0023.
Group Estimated Annual Line Total
Item Descri.tion Hours. UIM Unit Cost Quantit x Unit Cost
12A Hourl Rate-Res ular 100 Hourly Rate
12BH_ourl Rate-Non R-•ular 20 Hourly Rate
_ _ _ ______ S_ub_totaf Group 12-Labor Only(Items 12A-+12B) '
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri tion Gross Costs Administrative Mark-u• Mark-u.
12C Su..ies&Materials $2500
• --
__. __ __ _ _ Sub-total Group 12—SUppliesand Materials Only 12C)�`
i _ - _ Total_Group 12 Labor+Supplies and Materials(12A—C)
• 1Miami-Dade BLDG 0023 License No.: 2Bonding Capacity: _ $
3Mnimurrt Order Acce!ted:; $ 14Participate in:Pre.ualified Pool: Yes / No •
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity. (
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 56
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
- - --- - - - - - --
Group 13 Gypsum Drywall:Installer BLDS 0098
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
13A Hourl Rate-Regular 100 Hourly Rate
13B Hourl Rate-Non Regular . 20 Hourly Rate
_
_ _ __-_ _ S_ub_-to_tal Group 13-Labor Only.(Items'13A+.13B)
Line Total
(Annual Estimated
Group - Estimated Annual Gross Cost x Admin
Item Descri.tion - Gross Costs Administrative Mark-u. Mark-u•
13C Sul•lies&Materials_ $2500
-i Sub-total Gropp 13—Supplies and.Materials Only Tem 13C)_
__-___ _ -- __ Total Group_1,3-Labor+Supplies and Materials(13A E)
1Miami-Dade BLDG 0098 License No.:: 2Bondirig Capacity: _ $
3Minimum Order Acce•ted: $ il
'Partici•ate in Pre,ualified Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's.Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG •
57
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive:All corrections on the Bid Price Form shall be initialed.
Group 14—Gypsum Drywall Finisher BLDS 0099
Group Estimated Annual . Line Total
Item, Descri.tion Hours' UIM Unit Cost Quantit x Unit Cost
14A Hourl Rate-Re•ular 100 Hourly Rate
14B Hourl Rate-Non R-•ular 20 Hourly Rate
-- ° Sub total Group t _Labor Only(Items 14A+14B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u•
14C Su•'lies&Materials $2500
L Sub'-total Group 14 Supplies and Materials Only(Item 14C)_
Total Group 14—Labor+aSupplies.and,Materials(14A-CI:
1Miami'-Dade BLDG 0099 License� °No.: i 2Bonding.,Capacity: $
3MinimurijOrder Acce•ted: I $ 4Partia•ate_iriPre•ualified Pool:. Yes / No
See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 58
APPENDIX E
BID,PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
( Group 15 Insulation and Acoustical.Ti-le-BLDG 0075 j
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit 'x Unit Cost
15A Hourl Rate-Re•ular 100 Hourly Rate
15B Hourl Rate-Non R-_•ular 20 Hourly Rate
_Sub-total'Group•15-Labor Only_(Iterns 15A+156)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u• Mark-u•
15C Su••lies&Materials $2500
Sub-total Group 15—Supp lies and Materials Only item_15C)
Total Group;15-Labor+Supplies_and Materials(15A C) ,
1Miami-Dade BLDG 0025 License No.: 2Bonding Capacity:
3Miriimum Order Accepted:. •, $ 4Participate in Prequalified Pool: Yes / No
I See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation.
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 59
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance:
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 16-Lathing,and.Plastering BLDG 0026:
Group Estimated Annual Line Total
Item Descri.tion Hours ' UIM Unit Cost Quantit x Unit Cost
16A Hourl Rate-Re.ular 100 Hourly Rate
16B Hourl Rate-Non R-•ular 20 Hourly Rate
L___ _ - _ _ _ _ _ _ -S11--total Group 16=Labor Only(Items 16A+1:6B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u.
16C _ Su.dies&Materials $2500 % J
_ _ _ _ Sub-total Group 16_Supplies and Materials Only(!tern 16C)•
_- - Total.Group 16—Labor+Supplies and Materials(1'6A—C)
1Miami-DadeBLDG0026 LicenseNo.: ' 2Bondin Ca aci $ •
3Minimum OY.der Acce•ted':. $ 'Partici.ate.in Pre.ualified Pool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to 'submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agreesto full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 60
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes;insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group_17_Master'Elecfrician ELEC'0001
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
17A Hourl Rate-Re•ular 100 Hourly Rate
17B Hourl Rate-Non R-.ular 20 Hourly Rate
_- _-_Sub_total G'roup17-Labor Only(Items 17A+.17B) '
Line Total
(Annual Estimated
Group Estimated'Annual Gross Cost x Admin
Item Descri•tion Gross Costs Administrative Mark-u. Mark-u.
17C .Su..lies&Materials $2500
- -
Sub-total Group 17—Supplies and Materials Only(Item 17C)
_ _ _ Total Group 1.7`—Labor,f Supplies;and Materials(1TA—C)
'Miami-Dade ELEC 0001:License No.: 2Bonding Capacity,: __ $
3NinimumOrder Acce•t'ed: $ 4Partici.ateiinPre.ualifiedPool: Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature: -
ITB 2018-124—WG 61
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its\terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
---- ------ -- - - -
Group18 Master Burglar Alarm ELEC0002.
Group Estimated Annual Line Total
Item • Descri.tion Hours U/M Unit Cost Quantit x Unit Cost
18A Hourl Rate-Resular 100 Hourly Rate
18B Hourl Rate-Non R-'ular 20 Hourly Rate
Sub-total Group?S_–_Labor Only(Items 1.8A+18B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u.
18C Sue.lies&Materials $2500
_ __ ____ _Sub-total Group18–Supplies and Materials Only_(Item 1,8C)
e __-___ _ pP -_`
- _ _ __ __ Total Group 18-Labor+Suppiies<and Materials(18A_–C)
4Miami-DadeELEC 0002 License No.: 2Bondlig Capacity:: _ $
3MinimumOrder Acce.ted:— - $ 4Partici•ateiiPre.ualifiedPool: ',Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation.
Bidder agrees to full compliance with the terms andconditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124–WG 62
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 19–Master Plumber PLUM 0001:
Group Estimated Annual Line Total
Item Descri•tion Hours: , UIM Unit Cost Quantit x Unit Cost
19A Hourl Rate-Re•ular 100 Hourly Rate
19B Hourl Rate-Non R-•ular 20 Hourly Rate
— - -- -- -- -- - --- - - -- - - --- -
_-- _ Sub-total Group 19- aborOnly(Items 19A-+19B)
_ _ LLine Total
(Annual Estimated
Group Estimated Annual. Gross Cost x Admin
Item Descri•tion Gross Costs Administrative Mark-u• Mark-u.
19C Su..lies&_Materia_ls _ $2500_
�� _ Sub,total Group 19—Supplies and Materials Only(Item 1_9C) '
Total.Group_19 -.Labor+Supplies and Materials(1.9A C)
1Miami-Dade PLUM 0001 License No.: ' 2Bonding Capacity:_ _ ___ _
3Minitnum Order Acce'tea: $ 4P'artici'ate in Pre.ualified Pool:. Yes / No
1 See Appendix C, Section 1.1,Licensure.
2 See Appendix C, Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold,
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124–WG
63
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group:20-IVfaster Lawn Sprinkler..PLUMI 0003 -
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
20A Hourl Rate-Res ular 100 Hourly Rate
20B Hourl Rate-Non Res ular 20 Hourly Rate
--- - - - - ---- --- --- - - - -
I _ _ ___Sub-total Group 20-LaborOnly @Items•20A+20B)..
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u• Mark-u•
20C S_u.•lies&M_aterials_ _ $2500
_ _ _ __i__- _Sub-total Group_20—Supplies and Materials Only(Item 20C)
_ -__ _Total Group_20 7 Labor+Supplies and Materials(20'A 7 C)
1Miami-Dade PLUM 0003 License No.: 2Bonding:Capacity: _ $
3Minimum.OrderAcce,ted: $ 4Particip-ate inPre.ualified:Pool` Yes / No
I See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a.time and material basis (hourly rate plus
supplies& materials),.or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation.
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 64
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 21— aster Fool Maintenance;(Unlimited)PLUM 0009
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
21A Hourl Rate-Re•ular 100 Hourly Rate
21B Hourl Rate-Non R_-.ular 20 Hourly Rate
Sub-total:Group 21—Labor Only Items21A+21B)_
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u•
21C Su..lies&Materials - $2500
__ _ Sub-total Group_21—Supplies and Materials Only_(tem 21C)
f Total.Grou:21 Labor+Supplies and Materials 21A.—C•
1IViami-Dade PLUM0009 License No.: : 2Bonding_Capacity-:___ $
3Ninimum order Acce•ted $ 4Partici•ate in Pre•ualified Pool: Yes / No
See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's.Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 65
J
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase.in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
• is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
I -- — __ Group 22—Master Swimming Pool Piping PLUM 0010
Group Estimated Annual Line Total
Item Descri tion Hours U/M Unit Cost Quantit 'x Unit Cost
22A Hourl Rate-Re•ular 100 Hourly Rate
22B Hourl Rate_-Non Re•ular__ _ _ 20 Hourly Rate
L-- — _�- _ _u y_ _ Sub-total'G roup 22—.Ca-bor.-Only(Items 22A-+22B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item i Descri•tion Gross Costs Administrative Mark-u• Mark-u•
_ 22C _ __ Su••lies&_Materials _ $2500.
_ __ _ Sub-total Group 22;—Supp_lies,and Materials Only_(Item:22C)_
__ _ _ __ _Total Group.22—Labor+Supplies and Materials(22A—C)
1Miami-Dade PLUM 0010 Lic_enseNo._. 2Bonding Capacity:___ ' $
3Minlmum Order Accepted: _ _ 4Participate in Prequalified Pool: I Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
: Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 66
•
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
— — —_ GroupG23o—Master Air Conditioning Unlimited MECH 0003'
Group Estimated Annual Line Total
Item Descri•tion Hours UIM Unit Cost Quantit x Unit Cost
23A Hourl Rate-Res ular 100 Hourly Rate
23B Hourl Rate-Non R-.ular 20 Hourly Rate
------------- --------- - - — --- ---- - ---- -
_ -__ _-_ _ _-_ _ _ __ _ _Sub_total_Group 23-Labor_Only-(jtems 23A+23B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri•tion Gross Costs Administrative Mark-u. Mark-u
23C Su..lies&Materials $2500
Sub-total Group-23_Supplies and Materials Only_(Item 230L
_Total Group 23—Labor+Supplies;and:Materials(23A—.C)
1Miami-Dad'e MECH 0003_License No.: 2Bonding Capacity: $
3BEI imum Order Acce•ted: $ ^
Partici gate in Pre.ualified Pool:: Yes / No
See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder,agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 67
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 2'4—Master Gasoline sTank and:Pump MECH 0009'
Group Estimated Annual Line Total
Item Descri.tion Hours' UIM Unit Cost Quantit x Unit Cost
24A Hourl Rate-Re•ular 100 Hourly Rate
24B Hourl Rate-Non Regular 20 Hourly Rate
Sub-total Group 24 Labor Only(Items 24A+24B)
Line Total
(Annual Estimated
Group - Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u•
24C Su••lies&Materials $2500
___ Sub-total Group 24-Supplies and Materials aterials Only_( '
Item 240)
Total Group 24-_Labor+Supplies.and Materials(24A G) I
1Miami-Dade MECH 0009 License No.: 2Bonding Capacity; $
3Minimum Order Accepted: $ 4Partici nate in Pre.ualified Pool: Yes I No
See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature: -
ITB 2018-124—WG 68
APPENDIX E
BID PRICE FORM
' Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
------------ •
_ Group 25—Master General Mechanical.MECH 0001
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
25A Hourl Rate-Re•ular 100 Hourly Rate
25B Hour! Rate-Non R_es ular 20 Hourly Rate
Sub-total Group 25-Labor Only(Items 25A+25B)
'Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u.
25C Su..lies&Materials _ $2500
Sub-total Group 25:—_S'upplies and Materials Only(Item 25CL
Total Group 25-Labor-+Supplies and Materials(25A C)
1Miami-Dade MECH0001 License No.s: 2Bonding;Capacity__ - $
3Minimum Order Accepted: ____ 4Part�cipate Prequalified'Pool: _' Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 69
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
- - Group 26-Plumbing•Maintenance:PLUM 0004
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
26A Hourl Rate-Re.ular 100 Hourly Rate
26B Hourl Rate-Non Re.ular20 Hourly Rate
_ _ _ _ _ _ _- _ -- - _ _ _Sub-total Group 26-Labor_Only(Item_s_26A+26B)
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri•tion Gross Costs Administrative Mark-u• Mark-u.
26C Sue'lies&Materials $2500.
_ Sub total Group 26_Supplies and_Materials.Only_(Item 26C)
C-_ _ _ _— .__ - _ r_ _ _ -__ __Total Group 26 7 Labor.+Supplies and Materials(26A-C)
1Miami-Dade PLUM 0004 License No.: , ' 2Bonding Capacity:_ $
3MinimumOrder Acce•ted: : $ 4Partici•ateinPre•ualified.Pool: Yes / No
See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2)for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
•
ITB 2018-124-WG / 70
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated 'herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid.Price Form shall be initialed.
Group 27'—Roof Deck BLDG 0046`
Group Estimated Annual Line Total
Item Descri•tion Hours UIM Unit Cost Quantit 'x Unit Cost
27A Hourl Rate-Resular 100 Hourly Rate
27B Hourl Rate-Non Re•ular 20 Hourly Rate
_ _____ - Sub_total'Group-27—Labor Only(Items 27A+27B_)�
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u. Mark-u•
27C_ __ _ .Su.•lies&M_a_teria_ls __ $2500
' Sub-total Group 27_Supplies and Materials Only(Imte27C)_1
_ _ __ _ _ Total Group 27 Labor+Supplies and Materials(27A-
=C) I
1Miami-Dade BLDG 0046 License.No.: 2Bonding.Capacity: _ $
3Niti mum OrderAcceaed $ ;Participate in Pre•ualified Pool: Yes / No
1 See Appendix C, Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124—WG 71
APPENDIX E
• BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
Group 28'--Structural Steel Erection BLDG 0054
Group Estimated Annual Line Total
Item Descri•tion Hours U/M Unit Cost Quantit x Unit Cost
28A Hourl Rate-Re.ular 100 Hourly Rate
28B _ Hourl Rate-Non R-.ular 20 Hourly Rate
- Sub total Group 28=LaborOnly(Ifems;28'A+286;) '.
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u• Mark-u.
28C Su..lies&Materials $2500
r— — -- - - - - -
I _ _ _ Sub-total Group 28-Supplies;and Materials Only(Item 28C)
—
Total Group 28 7 Labor+Suppliesand"Materials(28A-C)
1Miami-Dade BLDG 0054 License No.:_ 2Bonding Capacity_: $
_3Minimum Order Accepted: _ $ 4Participate_in_Prequalified Pool:__ Yes / No
I See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials),or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 72
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
I -- Group 29- Swimming;Pool BLDG 0055
Group Estimated Annual Line Total
Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost
29A Hourl Rate-Regular 100 Hourly Rate
29B Hour! Rate-Non R-•ular 20 Hourly Rate
- -- ----------------- - ---- - -- - - --- - --- - - - - - - -
__ ___ __ Sub total Group 29-Labor Only(Items 29A+29B)
-------- - - - - -- --
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u• Mark-u•
29C Su•dies&Materials $2500
Sub total:Group 29_Supplies and Materials.Only(Item 29C)
TotalGroup 29-Labor+Supplies and Materials`29A-C) ;
j Miami Dade BLDG 0055 License No: Bonding_Ca_pacity_____ $
[Minimum Order Accepted: ! $ 4Particpate in Prequalified:Pool: - Yes / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
ITB 2018-124-WG 73
APPENDIX F
m Am E H
Insurance Requirements
2018- 124-WG
Building and Specialty Trade
Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-124-WG 74
M:IAMI 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.
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements"of specifications).
XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included.
4. Excess Liability-$ 1.00 per occurrence to follow the primary coverages. `
XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
6. Other Insurance as indicated:
Builders Risk completed value $ .00
Liquor Liability $ .00
Fire Legal Liability $ .00
Protection and Indemnity $ .00
Employee Dishonesty Bond $ .00
Other $ .00
XXX 7. Thirty(30)days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the proposal number and title
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.
17
r
75
ITB 2018-124-WG
APPENDIX G
esSi MIAMI E
Sample -Master Agreement &
Contractor Service Order
( PENDING )
To berovided by Addendum
p
2018- 124-WG
Building and Specialty Trade Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
76
ITB 2018-124-WG
' ATTACHMENT C
CONSULTANTS RESPONSE TO THE (ITB) ,
Detail by Entity Name Page 1 of 2
Florida Department of State DIVISION OF CORPORATIONS
)r/!i!of ✓f
.org 'UR"P0_?Ani1O11:_,
(!7(UIIII If!l Jut(?of FiJR(f!(
Department of State / Division of Corporations / Search Records / Detail By Document Number/
•Detail by Entity Name
Florida Profit Corporation
WAYPOINT CONTRACTING INC
Filing Information
Document Number P16000094860
FEI/EIN Number 81-4602789
Date Filed 11/29/2016 '
Effective Date 11/29/2016
State FL
Status ACTIVE
Principal.Address
1324 NW 29TH STREET
MIAMI, FL 33142
Changed:08/07/2018 •
Mailing Address
P.O. BOX 420008
MIAMI, FL 33242
Changed:02/23/2017
Registered Agent Name&Address
Gonzalez, Katrina
1324 NW 29TH STREET •
MIAMI, FL 33124
Name Changed: 03/23/2018
Address Changed:03/23/2018
Officer/Director Detail
Name&Address
Title VP
LOPEZ,JORGE L
12905 SW 112TH CT
MIAMI, FL 33176
Title President •
http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 12/5/2018
Detail by Entity Name Page 2 of 2
Gonzalez, Katrina A
11800 SW 69 Avenue
Pinecrest, FL 33165 •
Annual Reports
Report Year Filed Date •
•
2017 02/14/2017
2017 03/13/2017
2018 03/23/2018 •
Document Images
03/23/2018—ANNUAL REPORT View image in PDF format
03/23/2017—AMENDED ANNUAL REPORT View image in PDF format
03/13/2017—AMENDED ANNUAL REPORT View image in PDF format
02/14/2017—ANNUAL REPORT View image in PDF format
11/29/2016—Domestic Profit View image in PDF format
Florida Department of State,Division of Corporations
hap://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 12/5/2018
QWAYPDINT
.,,. Contracting , Inc.
Introduction Page
Waypoint Contracting is Women Owned Small Business with decades of combined senior management
construction experience.Headquartered in Miami,FL.Waypoint focuses on providing exceptional
General Contracting Services to Federal Government, Local Government and Commercial Clients.
Waypoint Contracting,Inc.believes in innovation,accountability,and commitment to excellence.
Legal Name:Waypoint Contracting,Inc.
Mailing Address:P.O.Box 420008,Miami,FL 33242
Physical Address:1324 NW 29th St.,Miami,FL 33142
Telephone:786-6084406
Website:www.wavpointci.com
Incorporation:Incorporated as an"S"Corporation in Florida on 11/29/16
Tax ID Number:81-4602789
DUNS Number:080534682
Type of Work:General Contractor
NAICS Codes:Primary:236220(Complete list available via SAM.gov or upon request.)
CAGE Code:7TLU1
Classifications: Woman Owned Small Business
Hispanic American Owned
Minority Owned Business
Authorized Officials to negotiate with the Government and to sign the proposal:
Katrina Gonzalez Jorge L. Lopez,PMP,CPC,LEED GA
President Vice President
Telephone:305-904-7673 Telephone:786-858-2271
Email: ksonzalez@wavpointci.com Email:ilopezPwavpointci.com
1
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays,taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
= ry,a ' �G'roup 1'"=1Buildingtit`ractor"BLDG 00023-rn a a° � •,
Group Estimated Annual Line Total
Item Description Hours UIM Unit Cost (Quantity x Unit Cost)
1A Hourly Rate-Regular 100 Hourly Rate $86.54 $8,645.00
1B HourlyRate Non Regular 20 Hourly Rate $151.45 $3,029.00
Sub tota G ou 1- Labor®nl rams it +1q{" 11.683.00
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Description Gross Costs Administrative Mark-up Mark-up)
1C Supplies&Materials $2500 18 % $2,950.00
v ., ;
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
yka �zy ' u��� � n�'Rte. ? 'G,011e 5 Derrt011tlontBLDG 001 F; �k ''. ale r 'i."747351
Group Estimated Annual Line Total
Item Descri•tion Hours UIM Unit Cost Quanti x Unit Cost
5AI Hourl Rate-Re•ular 100 Hourly Rate $86.54 $8,654.00
5B Hourl Rate-Non R-•ular 20 Hourly Rate $151.45 $3,029.00
t."sem i ''y"s�' `fir `;a••' ,s;{.z i`�.,r�' 'S.'+,.T.s- ( _`� sC,.:..^
p5 ...ab t • •w -,..w r: 1
5`,.�LabgrtOnly_ltems:5A�la, $11,683.00
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri•tion Gross Costs Administrative Mark-u• Mark-u•
5C $2500
18 % $2,950.00
aG tomMIIIMM ' #' iti. $2,950.00
ix-rev,-n r M,f K l V"V4'V L Sub total,rcr�p 5= ;Supplies,irtiaAtenals Only(Item 6
$- r —i
Total Group.5 Labora+Supplies and Materials(5A4"G) $8,733.00
Yiillamt Dade 6-1:1G10015L`*icense No 5 CGC 1519415. .Boldin• 05•act 1 '- 4 $3.000.000.00
r�411miinum Order'Acce•ted:': ?"rte $5,000.00 ^Paft►ei ateiin Pr •ualified,•P.00l. . . (Yds.j I No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City.Bidders that state a minimum value threshold will not ,
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus
supplies & materials), or 2)participation in the pool of pre-qualified contractors, or 2)for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:Waypoint Contracting,Inc.
Authorized Representative:Katrina Gonzalez
Address: 1324 NW 29Th ST Miami,FL 33142
Telephone: 786.608.1406
Email:kgonzalez@waypointd.com
Authorized Representative's Signature: ►'1,1
r ,l-find pr.(
ITB 2018-124—WG 49
APPENDIX E •
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
z
„, -D grio 7'n ra s x „ 112 ,
N �, route
34- 1 a.: .s*`h' 'Ti-'' �. N�, �rx-n�y:aRr"1_'4'��.5�¢atiK,.n°�'.e_-»23_.s. ay-k.._k..m, „ `�.15 „�'w.'°�r'`."�,�m�o'�°:s•u."";3°�.»=. '...a-�'��.. ,t;•..��t,tfn•.,
Group Estimated Annual Line Total
Item Descri tion Hours U!M Unit Cost Quantit x Unit Cost
7A Hourl Rate-Re.ular 100 Hourly Rate $86.54 $8,654.00
7B Hourl Rate-Non R-•alar 20 Hourly Rate $151.45 $3,029.00
., rte„ r r. .
ti .'Mi5:. :M �_. * 4 ti f�' ub-to talf,Group AM13,6 Qjy dtems 7-A;t<7B)j $11,683.00
�� Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs AdministrativeMark-u• Mark-u•
7C Su.'lies&Materials $2500 18 % $2,950.00
C �"'+w e 2' s• `ir.+ z ::k,. �"'m�.x�'��'-w `�:, st ^.. « ,� °•w v"�;i;�i::'�".�" :'.„P'-°a'^.
�w ;" p us ySub tota pp i'esaand Malenals,Onlym(Jtem'7C)j $2,950.00
s, s `"^».t p 'a+;� ss ts. .* a _
• �� w�,.�, ;h � �����±� T=otalGroupi7Lafor+SuppliesandeMatenalsf(d7A�. ;C•)'� $8,733.00
1.1V1tami=Qad0311.G 001:7,ALicehse'No: CGC 1519415 . ?Bondmo`s.C.pact t. "° s $3.000,000.00
^3 inimum•.erdergAcce:ted � -4:� 4 4 $5.000.004ParticiTate<iiPre•'dal ified;Pook: Yes "t No
I See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assignedby the City.Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis(hourlyy rate plus
supplies&materials), or 2)participation in the pool of pre-qualified contractors, or 2)for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:Waypoint Contracting,Inc.
Authorized Representative: Katrina Gonzalez
Address: 1324 NW 29TH ST Miami,FL 33142
Telephone:786-608=1406
Email: kgonzalez@waypointd.com.
Authorized Representative's Signature: .{ tALL, N1.iporimQ
ITB 2018-124—WG 51
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices,-delivery delays, taxes, insurance,`cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
. ;4 77 t,161 ,.vGrpup414 ,Gypsum Drywall Ind stalfert6LDS 0098 ,E e1 ,'14''••":-',---P.'',."'-: , ‘'.'1.::-''" z
Group Estimated Annual Line Total
Item Descrition Hours UJM Unit Cost Duanti x Unit Cost
13A Hourl Rate-Re•ular 100 Hourly Rate $86.54 $8,645.00
13B Hourl Rate-Non Re'ular 20 Hourly Rate $151.45 $3,029.00
Cti sx' S� y� ""T_ :e. y*, ,�, i F. F.e3 7r,vg,,... - ,., ,,,,;y ft,—.3.7,-- sv+,y'
;,.t; ;,As r,, .r..r. . ,ZHfr notal Group13,R'Labor onlylltems<1,3A±136J;J $11,683.00
Line Total
, (Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri.tion Gross Costs Administrative Mark-u• Mark-u•
13C Sue'lies&Materials $2500 18 % $2,950.00
y F,� `;Vi--' =V1: ;b �`�Sub-total,G oupStl�pliesjan f%IVla enals 0 if m.C 1 $2,950°00
1 .., x, ,,,x PP 1
K ,Z,..."..7. °rte r A,.•3, - x . `4 -__-.:Total•Group13 Labor+Su'hes and y)atenal's(13A ELI $8,733.00
rami=Dade4BtiDG;0098:`icenVNo CGC 1514915 '44361Td K.405-acityrPtz-°':y.; :',•. �• - $3,000.000.00
'31Nmimum.Qrder+Aoceoted °`'`_ $5,000.00 y^Partici•afein,P,.ie,ualifiedFool .- , (Yes) !' No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3 Bidder may state a minimum value threshold for work to be assigned by the City.Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis(hourly rate plus
supplies&materials), or 2) participation in the pool of pre-qualified contractors, or 2)for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:Waypoint Contracting,Inc.
Authorized Representative: Katrina Gonzalez
Address:1324 NW 29TH ST Miami,FL 33142
Telephone:786-608-1406
Email:kgonzalez@waypointdconi
Authorized Representative's Signature:Ktilfriipi40 I 5
r
ITB '2018-124—WG 57
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
',:#14,66 14 0all1Finshi r kb-69099-
Group
kDSt0099 Group Estimated Annual Line Total
Item Description Hours UIM Unit Cost (Quantity x Unit Cost)
14A Hourly Rate-Regular 100 Hourly Rate $86.54 $8,654.00
14B Hourly Rate-Non Regular 20 Hourly Rate $151.45 $3,029.00
..... . 7,14.21;:i;.:510.; .-_; ,5 i fo a lGrou o;14.IL Labor®nl`(1temS 1.4irA+,f 4B: , $11,683.00
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Description Gross Costs Administrative Markup Mark-up)
14C Su,plies&Materials $2500 18 % $2,950.00
°r=' ,.. 'K ub total Grouo l�;�Sq°`°Iters oda Material" Onl �,tem�F1�4C $2,950.00
t, ~1 Tota Grow i:S a VTI Sii liestand Mate"'iiars s14`A `.0 x'$8.733.00
?Miami Dad-BL®' 0099Mc nse*No, CGC1519415 ,2Bon (Casaci ;x 'Yr � {R $$3,000,000.00
MinimurYr0rder `cceoted .:; $5,000.00 4QPartibi t=,iriaP.ieaualifiedPciol.:x .. Yes= / No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity.
3,Bidder may state a minimum value threshold for work to be assigned by the City.Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded/on a time and material basis (hourly rate plus
supplies&materials), or 2) participation in the pool of pre-qualified contractors, or 2)for both time and material projects and projects
awarded pursuant Special Condition 3.
- - Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company: Waypoint Contracting,Inc.
Authorized Representative: Katrina Gonzalez
Address: 1324 NW 29TH ST Miami,FL 33156
Telephone:786=608-1406
Email: kgonzalez@waypointd.com
Authorized Representative's Signature: K._ l;t, ) 'O/1,-., 0-and
ITB 2018-124—WG 58
APPENDIX E
BID PRICE FORM
Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of
proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance.
The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in
pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed.
.te d'+ 4`.4
_ r ; x�� y , Group16Lath g and,P.lasfermg#BLDGt0026= � ,*•'"
e"3�.-=.<'c.3+:'�St`ts..Y-x�L�.arAtj 4''4,t'w1 e..a7:Y .,N. !.ar 'c yam_ r e..i :a`- t. r>s�� s _rzyv,�3•..
Group Estimated Annual Line Total
Item Descri•tion Hours UIM Unit Cost Quanti x Unit Cost
16A Hourl Rate-R-•ular 100 Hourly Rate $86.54 $8,645.00
16B Hourl Rate-Non R-•ular 20 Hourly Rate $151.45 $3,029.00
1; 66);4$11,683.00
.�:.!S,�,v�,�����.��.z...�,� .��,�:�•��- �=�=�.. Sub,;totalG`rouP.��.L'abor�0��(Ite,�1s� 6Q+.1
Line Total
(Annual Estimated
Group Estimated Annual Gross Cost x Admin
Item Descri•tion Gross Costs Administrative Mark-u• Mark-u•
16C Su.dies&Materials $2500 18 % $2,950.00
.r • .Yet 4 v`-. ._ as a
NU; ° t �4 - .," 4 t _� .Sub tofal Gro 1g 6 Supplies€anotiviatenals,gnitutem ) $2,950.00
7ri't r{ r i - h --••--.r—�- i''- ..wt
t-- Tot_aliGroupi,1.6F,,Labor,;+Supplies and-'Matertale(16A.__!C); $8,733.00
GCG1519415 g Bondin• Ca•aci c. rA1 a �� $ 3,000.000.00
31414mrntini=QrdertAcce aed: °: $Form nn • 4Partici•ate.it,P,re•ualadd Pool. . .'- l,Yes) I No
1 See Appendix C,Section 1.1,Licensure.
2 See Appendix C,Section 1.2,Bonding Capacity. •
3 Bidder may state a minimum value threshold for work to be assigned by the City.Bidders that state a minimum value threshold will not
be considered for projects estimated at less than the stated threshold.
4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and'material basis (hourly rate plus
supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2)for both time and material projects and projects
awarded pursuant Special Condition 3.
Bidder's Affirmation
Bidder agrees to full compliance with the terms and conditions of this ITB.
Company:Waypoint Contracting,Inc.
Authorized Representative: Katrina Gonzalez
Address:1324 NW 29TH ST Miami,FL 33142
Telephone:786.608-1406
Email:kgonzatez@waypointci.com
Authorized Representative's Signature: IV=tri ft, )4442,4y1,,,rq���
ITB 2018-124—WG 60
i
(
APPENDIX "A"
1\
, i
' 1 '
v
Proposal Certification ,
• Questionnaire &
, .
. Requirements Affidavit
2018- 124-WG
Building and Specialty Trdde
Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-124-WG 17
r \
Solicitation No: Solicitation Title:
2018-124-WG Building and Specialty Trade Contractors
Procurement Contact Tel: Email:
William Garviso,CPPB (305)673-7000#6650 williamgarviso@miamibeachfl.gov
PROPOSAL CERTIFICATION,QUESTIONNAIRE&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
AffidaviiForm is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer Information.'
FIRM NAME: Waypoint Contracting, Inc.
NO.OF YEARS IN BUSINESS: 1 year NO. YEARS IN BUSINESS LOCALLY: 1 year
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:NIA
FIRM PRIMARY ADDRESS(HEADQUARTERS): 1324 NW 29TH ST
CITY: Miami
STATE: FL ZIP CODE: 33142
TELEPHONE NO.: 786-608-1406
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS: 1324 NW 29TH ST
CITY: Miami
STATE: FL ZIP CODE: 33142
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
Katrina Gonzalez
ACCOUNT REP TELEPHONE NO.: 786-608-1406
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL: kgonzalez@waypointci.com
FEDERAL TAX IDENTIFICATION NO.:
81-4602789
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.
ITB 2018-124—WG 18
1. Veteran Owned Business.Is Proposer claiming a veteran owned business status?
YES , V 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. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report(SQR)directly to the Procurement.Contact named herein.No proposal will be considered without receipt,by the
City,of the SQR directly from Dun&Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the Proposer.
The Proposer shall request the SQR report from D&B.at
https:llsupplierportal.dnb.comlwebapplwcslstoreslservleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each
Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in
the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-
4242495.
SUBMITTAL REQUIREMENT:Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,
with bid or within 2 days of request
3. 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. See attachment A
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.
Section 4 above is superseded by the requirements stipulated in Appendix C, Section 1.4, Previous Experience Reference
to be submitted in Tab 3 of Pro"osal.
5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had
a contract cancelled due to non-performance by any�u.b,lic sector agency?
YES I V I NO
SUBMITTAL REQUIREMENT: If answer to above is 'YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
6. 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.See attachment B
7. 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 Department with its
ITB 2018-124—WG 19
proposalresponse 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!. See attached Code of Ethics
8.
' I1
9. 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 2005-1494 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?
V 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?
v 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 V
Sick Leave V V
Family Medical Leave �/ . V
Bereavement Leave . •
If Proposer cannot offer a benefit to domestic partners because of easons 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
ITB 2018-124—WG 20.
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.qov/procurement/scroll.aspx?id=79113.
10. 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 onla 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.
11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the
blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national
origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability.
SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it
is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution
2016-29375,the City of Miami Beach,Florida,prohibits official City travel to the states of North Carolina and Mississippi,as well as
the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on
behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these
states.
SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it
is and shall remain in full compliance with Resolution 2016-29375.
13. Fair Chance Requirement. Beginning on December 1, 2016,the city shall not enter into a contract, resulting from a competitive
solicitation issued pursuant to this article,with a business unless the business certifies in writing that the.business has adopted and
employs written policies,practices,and standards that are consistent with the city's Fair Chance Ordinance,set forth in article V of
chapter 62 of this Code.
SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it
is and shall remain in full compliance with Resolution 2016-29375.
14. 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'se-procurement system, PublicPurchase.com. However, Proposers are solely
responsible for assuring they have received any and all addendumissued 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 Confirm Initial to Confine Initial to Confirm
Receipt Receipt Receipt
K.G Addendum.1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
ITB 2018-124—WG 21
DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipients 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. i
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 allor 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 understoodthat 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.'
•
ITB 2018-124—WG 22
PROPOSER CERTIFICATION
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 Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Katrina Gonzalez President
Signature of Proposer's Auth'`Led Representative: Date:
jedliIl 2/15/2018
ULt !fit
State of Florida ) On this15 day of February ,2018,personally
appeared before me Katrina Gonzalez who
County of Miami-Dane ) stated that (s)he is the President of
Waypoint CaatcacGngrinr' , a corporation, and that the instrument was s' ned in behalf of the said
corporation by authority of its board of directors and acknowl-.. sal i strument to be its voluntary
act and deed.Before me:
— -411
Notary Public'or eate of r
My Commission pires: 11- 001'18 .
ury,
JANETH C. ZABALA
qi„ •__ Commissron •#FF 1.75198
SIN, ,A`;MY Commission Esptres 1 I-09.2018
�i?ra n ' Banded Through
1st State Insurance
,`
ITB 2018-124—WG 23
QWAYPDINT
Contracting.inc.
Attachment A:Conflict of Interest
No officer, director,agent,or immediate family member(spouse, parent,sibling, and child)is
an employee of the City of Miami Beach.
• Page 1 of 3
Afac. Premium Statement
•
Go Paperless
IIIII'I'lIIIIIIIIIIIIIIII'll'llllll'll"IIII'lllll'IuiIIIlllll'll Register Online
Waypoint Contracting IJc .Save time,eliminate postage costs and
Attn EddyGonzalez
help the environment!Register for online
1324 NW 29Th St
Miami FL 33142-6620 billing and payment reminder emails today
• at 3. Monthly
Recurring Auto Draft is now available!
To find out if your account is eligible for
this payment option, please visit
c:"r...l..of 4 u'uuS::IG3JJGi t V V J. •
Accou (�;.
nt At-A-Glance: ,.
• � 1eSiIQr1s about your invoice? COf1IciC. .
Account Number: Customer Service
Billing Frequency: Monthly 1.800.99.AFLAC(1.800.992.3522)
Hours: M:F 8am -8pm Eastern
Invoice Number: 202467 1932 Wynnton Rd
Date Prepared: 01/28%18 Columbus;GA,�31999-0797
. Current Amount Billed
Billing Period: I January
Payment Due Date: 02/15/18 •'› •
•
•
We are pleased to help protect and.care for your employees. •
ACCOUNT' I • INVOICE PAYMENT 4UE DATE I • AMOUNT BILLED } A USUSTMENTS TOTAL t AMOUNT ENCLOSED,7'
. NUMBER • NUMBER' �. f ,
202467 02/15/18 $ 8
•
70000000000000000001001721518000000001359600202467002112270604006007
a
SEND PAYMENT TO:
o •111111111'.11111111,1111t11.1111"Illlilliiiiiiiii111I11II1II1'1l Waypoint Contracting LIc
Aflac Attn Eddy Gonzalez
Attn: Remittance Processing Services 1324 NW 29Th St
• 1932 Wynnton Road' Miami FL 331426620
Columbus, Georgia 31999-0797
Gat
•
•
Page 2 of 3
Afiac. Premium Statementworldwide Headquarters
1932 Wynnton Road,Columbus,Georgia 31999
1.800.99.AFLAC(1.800.992.3522)
$.7 W 'M,?:Vj. a 4. .q;* ,M e.*., a,��°�'E4 ,a„' Y`.. :�'3 f .,�";; ? 4, a} t'ri' ,!fAT. 3,. .of
�R {. �;" + .EE..x�C3111CJ x :'� dy .. ,-.pr,
ism #w .:sem m^ar,'R ,.n:._3:-•i .sS" a G +C.L _,4
CODE ACTION •, { DESCPoP1lON
i
A' I Add Person To Policy The employee is adding a spouse or other dependent to his/her Aflac policy.Policyholder
authorization is required.See instructions at bottom of page.
C Cancel Coverage Employee wants to cancel his/her existing Aflac policy,but is still employed at your
business.
D Deceased The employee is deceased.
E Not Our Employee ' The policyholder listed is not,and has never been,employed by your company.Individual
was mistakenly included on your invoice;
F ! Family Medical Leave(FMLA) The employee is on Family Medical Leave in accordance to the Family and Medical Leave
Act(FMLA).
H' Name Change The employee has changed their first and/or last name:Policyholder authorization is
1. required See instructions at,bottom of page.
I' Delete Person From Poli The employee is deleting a spouse or other dependent from their existing Aflac policy.
Policyholder authorization is required.See instructions at bottom of page.
Non-Family Medical Leave And The employee is on a leave of absence other than Family and Medical Leave(FMLA).This
L Leave Of Absence(LOA) includes any non-FMLA leave of absence where employee is on leave of absence without
pay.
M Missed Deduction The premium amount charged was not payroll-deducted for this employee but should
have been.The employee is still employed by your company.
O Other A change request that differs from the list provided.
R Retired The employee is retired and payroll deductions have ceased.
T No Longer Employed Here The employee has either voluntarily or involuntarily terminated employment.Excludes
temporary lay-offs,retirement,deceased.etc.
W Transfer To Another Account The employee has moved to a different location/business with the same employer.
Y Military Leave Employee is currently on a military leave of absence.
'NOTE Additions,deletions,and name changes require policyholder authorization. Please have your employees call 1.800.99.AFLAC
(1.800.992.3522)to make their changes over the phone.
If your payroll account information has changed, please indicate the changes below.
Point of Contact:
Phone: _ Fax:
Address:
Email:
Thank you for your business.
We are pleased to help protect and care for your employees.
Page 3 of 3
A fia:, Worldwide Headquarters
Premium Statement 1932 VVynnton Road,Cdumbus,Georgia 31999
1.800.99.AFLAC(1.800.992.3522)
- .'',., I Ac. u piRk-kisiciric . ..t45,. , -4 ,4•,- , • ..*' - - 0-•- '‘..
Waypoint Contracting Lic Account Number: Payment Due Date: 02/15/18
Attn Eddy Gonzalez
1324 NW 29Th St
Miami FL 331426620 Invoice Number: 202467 Current Amount Billed:
To help you review this month's statement,please follow these steps:
1.Refer to last month's statement to help with reconciliation. 4.Total the adjusted premium and enter the Adjustments Total and the
2.Match each employee's premium amount due with the amount Amount Enclosed on the payment coupon on page 1 of the invoice.
deducted from their payroll. 5.Return the coupon portion on page 1 and copies of the pages with
3.Mark through any mismatched deduction and write the correct any adjustments shown.Make your check payable to Mac and note
amount in the adjusted premium column.Write the change request your Account Number on the check.
code in the CR column.
;.,„t.:.:14.,.:.-,„:?,..r.tr-,roh„,,,1,,,,,,'-„,lt-4..':';II14,:ii-,.',0'`,,,•LIf--64,.=*,:'''''' 4`II',le,..,;4c1,4'4 ,4::,.'11,t-",.---Y4i'-''.-1,-,-_--'IP-4'''fr-rII:4,:',....,Ifpciaj.-"Wv,P3':_101-1.--"ayEg•-'-I:.,____"AaL- USTED-4 b'J.i..,--.'"AVE.,3
--NAME —-----'''--1 THEPTETAFto="4-1---RX.101-' PpLICYTYPE-'-CT- —
. I * • . -. . DUE - ; SUB-TOTAL PRElsollUivt. i ' NUM.BER.
. ., .
Bonet.Anthony New , POR9A8K1 ACC I 21.48 - 21.48 0000001
1
Gonzalez,Eddy New i POR9B2F1 ACC F 50.04 50.04 0000002
I
Gonzalez,Javier New POR9B2E8 i ACC I 21.48 i 21.48 0000003
Pascual,Gustavo New POR9B2F2 1 ACC I j 21.48 21.48 0000004
Zabala,Janeth NewI
POR9B2F5 ACC I 21.48 ' 21.48 j 0000005
1
\
1 ,
!
.
- •PAGE-AMOUNT EtILLED .- TOTAL AMOUNT BILLED '
;3,,, .....,___...,._........_ _..._.__.... ,
Thank you for your business. PAGE ADJUSTMENTS K.).: ,TOTAL ADJUSTMENTS(+4),
g'6
o
5.. PAGE ADJUSTED TOTAL - „TOTAL ADJUSTED TOTAL •
Legend COVERAGE TYPE(CT) CHANGE REQUEST(CR) For a more da lied explanationof
ta the codes, the nv
des,please see the second page of I elms
I -Individual I A-Add person to policy F-Family Medical Leave ssn-Lamily Medical' Leave T-No ranger
L
M-
Nmo employed here
F.-FamilyCancelCove
C- Coverage H-NamaChange Deduction W-Transfer to another account
S-Single Parent Family . ID-DeceasedI -Delete person from policy 0-Other . Y-Mittary Leave
P-Primani-Spouse E-Not Our Employee , R-Retired
......-.),., •
032
i , ,
t WAYP®INT
..r Contracting.Inc.
Attachment B: Vendor Campaign Contributions
At this time Waypoint Contracting, Inc. does not have any individuals or entities with a
controlling financial interest.
.e.
� Contracting- , Inc .
CODE OF BUSINESS
� J
•
ETHICS & CONDUCT
•
•
•
•
le WAYRDINT
Contracting. ,Inc. 2017
Table of Contents
3.6 Code of Business Ethics and Conduct 2
3.6.1 Statement of Policy 2
3.6.2 Definitions _ •2
3.6.3-Standards of Conduct ( 4
3.6.4 Obligation to Report Violations and Cooperation 10
3.6.5 Consequences for Violations 11
3.6.6 Promoting Procurement Integrity 11
3.6.7 Whistleblower Policy 11
3.6.8 Investigation andiDisclosure Policy 12
3.6.9 Review and Audit Policy 12
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3.6 Code of Business Ethics and Conduct r
WCI maintains a professional atmosphere in its workplace and requires certain standards of conduct of
its employees. The following guidelines are excerpted from the WCI Employee Handbook and are
intended to set the expectations for the professional behavior of all WCI employees.
3.6.1 Statement of Policy
It is Waypoint Contracting, Inc.t/a WCI policy to maintain high ethical standards and to comply with all
applicable laws,- rules, and regulations. We believe that adherence to this policy will ensure our
continued success as well as earn and maintain the confidence of our customers and the community in
which we live. In order to ensure WCI operates pursuant to this policy,we have established this Code of
Business Ethics and Conduct (Code). The following general rules apply to the implementation of this
Code:
• All employees must comply with this Code. Any officer, director, or employee violating this
Code is subject to disciplinary action,which may include demotion ordismissal.
• All employees have a duty to report all suspected violations of the Code or other potentially
unethical behavior by anyone—including officers, directors, employees, agents,customers,
subcontractors, suppliers, and prime contractors —to the Office Controller, Janeth Zabala.
She can be reached at 786-608-1406 or by e- mail at accountingPwaypointci.com. All
communications concerning related matters are strictly confidential.
• Employees in management positions are personally accountable for their own conduct and
the conduct of those reporting to them. Each management employee is expected to inform
those reporting to them about this Code and take all necessary steps to ensure compliance
with this Code.
• No employee has the authority to direct,participate in,approve,or tolerate any violation of
this Code by anyone.
Any employee who has questions about the application of this Code should his/her manager or consult
with the Office Controller,who is available at 786-608-1406 or via e-mail at accounting@waypointci.com
3.6.2 Definitions
Agent—Any individual, including a director,officer,employee,or independent Contractor authorized to
act on behalf of the organization.
Code of Business Ethics and Conduct or Code—The written statement of acceptable behavior by WCI's
officers, directors, and employees that ensures Waypoint Contracting, Inc. operates according to the
highest ethical standards.
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Corporate Compliance Officer–The company official designated by the President to be responsible for
implementing and administering the Code.The Office Controller is Janeth Zabala,who can be contacted
at 786-608-1406 or by e-mail at accounting@wavpointci.com. All communications concerning related
matters are strictly confidential. In the event the Office Controller is not available, the Company
President will be responsible for implementing and administering the Code.
Corporate Compliance Program or Program–The written procedures and policies used by WCI that are
designed to ensure that all officers, directors, and employees are aware of the Code and adhere to its
standards and the requirements of FAR 52.203-13.
Employee – Any person employed by WCI, including employees, managers, officers, directors, and
persons authorized to act on behalf of the Company.
Full Cooperation—The term "full cooperation" means and is intended to include the following conduct
from Employees:
• Disclosure to the Government of the information sufficient for law enforcement to identify
the nature and extent of the offense and the individuals responsible for the conduct. It
includes providing timely and complete response to Government auditors'and investigators'
requests for documents and access to Employees with information;but
• It does not foreclose any Company rights arising in law, the FAR, or the terms of the
contract..It does not require:
– The Company or the employees to waive attorney-client privilege or the protections
afforded by the attorney work product doctrine or any officer, director, owner, or
employee of the Company, including a sole proprietor, to waive his or her attorney
client privilege or Fifth Amendment rights;and does not restrict the Companyfrom:
• Conducting an internal investigation;or
• Defending a proceeding or dispute arising under the
contract or related to a potential or disclosed violation.
Principal–An officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (i.e., general manager; plant manager; head of a subsidiary,
division,or business segment;and similar positions).
Subcontract – Any contract entered into by a subcontractor to furnish supplies or services for
performance of a prime contract or a subcontract.
Subcontractor–Any supplier,,distributor,vendor,or firm that furnishes supplies or services to or for a
prime contractor or another subcontractor.
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3.6.3-Standards of Conduct •
3.6.3.1 -Conflicts of Interest
Employees must avoid situations in which their personal interests could conflict with, or even
appear to conflict with, the interests of the Company. Conflicts of,interest arise when an
individual's position or responsibilities with the Company present— or appear to present— an
opportunity for personal gain of profit separate and apart from that individual's earnings from
the Company or where the employee's interests are otherwise inconsistent with the interests of
the Company.A conflict of interest mayarisein any number of situations,and it is impossible to
describe each and every instance. As a general matter, if an employee thinks that any situation
may be a potential conflict of interest, he/she should consult with The Office Controller is Janeth
Zabala, who can be contacted at 786-608-1406 or by e-mail at accountine(awaypointci.com.
Most notably, the following situations have a great potential for being considered a conflict of
interest:
Outside Employment — As a matter of company policy, employees may pursue outside
employment opportunities. However, such opportunities must (not interfere with the
employee's job responsibilities with the Company.Any outside employment that interferes with
the employee's job responsibilities or conscientious performance of his/her duties is deemed to
be a conflict of interest and is not permitted. Employees may not use company time or
resources to further non-company business. Employees also may not use the Company's name
to lend weight or prestige to an outside activity without prior approval from authorized
management. Prior to engaging in any outside employment activity or participating in any civic,
charitable, or professional organization or activity that may give rise to an actual or potential
conflict of interest, the employee must consult with the Corporate Compliance Officer and
obtain express written approval.
Personal Financial Interests—Employees,should avoid personal financial interests that might be
in conflict with the interests of the Company if it is clear that such conflict could materially harm
the Company.Such interests may include,but are not limited to,the following:
• Obtaining a financial or other beneficial interest in a supplier,customer,or competitor
of the Company;
• Directly or indirectly having a personal financial interest in any business transaction that
may be adverse to the Company;
• Acquiring real estate or other property that the employee knows,or reasonably should
know,that is of interest to the Company.
Such personal financial interests include those interests of not only the individual employee, but
' also those of the employee's spouse,children,parents,grandparents,siblings,and family in-law.
If the employee knows, or reasonably should know,that a personal financial interest may be in
conflict with the interests with the Company in a way that could materially harm the Company,
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the employee must first consult with the Office Controller and obtain express written approval
of a waiver from this policy before proceeding
3.6.3.2 Meals,Social Activities,Gifts and Favors
WCI recognizes that it is important to the overall health of our business relationships that we
make time to spend with our business partners.This might include activities, such as sharing a
cup of coffee, sponsoring a lunch event, and/or championing a social activity. Similarly, we
recognize that it is important to express holiday greetings and to show sympathy for family-
related losses and other tragedies.
It is said that"People do business with people." Many problems can be solved to the betterment
of all organizations by participating in these types of activities. These types of activities are
generally healthy and can be considered harmless; however, as a public-sector contractor, WCI
is very concerned that we respect the government's rules to prevent being perceived as buying
influence and/or being in violation of contracting language or public law.
To this end, WCI's employees shall limit involvement in social activities, giving gifts, and
providing favors to avoid the appearance that the employee and/or WCI is attempting to
influence a business relationship by such act(s).
Therefore,when considering social activities,giving gifts, and/or offering favors, WCI employees
shall comply with the following criteria:
• The giving of gifts and/or favors shall be consistent with the accepted business practices of
the applicable client relationship, local business practices,and all governing regulations and
laws;
• The gifts and/or favors are sufficiently limited and of nominal value and in a form, that
does not constitute,and will not be construed as,a bribe or payoff;
• Public disclosure of the facts will not embarrass the company;
• Cash payments as a gift are strictly prohibited.
Whenever in doubt of the intention of this policy, The Office Controller is Janeth Zabala, who
can be contacted at 786-608-1406 or by e-mail at accounting(Jwaypointci.com. All
communications concerning related matters are confidential.
More specifically,WCI employees are required to comply with the following:
Bribery and Kickbacks—All forms of bribery and kickbacks are illegal and expressly prohibited.
Any employee caught participating in such activity will be disciplined, up to and including
termination. Any employees who know about-or reasonably should know about— any such
activity is required to report the matter to the Office Controller. Employees who fail to report
such matters will be disciplined,up to and including termination.
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Government Personnel—All forms of gifts and entertainment to or from government personnel
(federal, state, and local), including persons who may be acting for or on behalf of the
government, are expressly prohibited. However, the. Office Controller may authorize an
exception where a familial or personal relationship exists outside of the employee's business
relationship with the government employee.
Non-Governmental Personnel — Receiving or accepting gifts or entertainment in the business
context is a particularly sensitive area and can be inappropriate, or even illegal, depending on
the circumstances. For this'reason, it is important that all employees be extra sensitive when it
comes to giving or receiving gifts and entertainment from non-governmental personnel. (As
stated above,'the giving or receiving of gifts to or from government personnel is prohibited.)
• Money,in any form,is never given,offered,solicited,or accepted.
• No gift or entertainment may be given or received if it is-or could reasonably be
construed to be—intended to influence an employee's behavior(quid pro quo). •
Any gift given or received which can be construed as quid pro quo is prohibited. If in doubt of
the intention of any gift given or received,check with the Corporate Compliance Officer.
Meals, Social Activities, Gifts and Favors - Conclusion —The foundations for sustainable long-
term business relationships are built on healthy interpersonal relationships between WCI's
employees,our Clients and or business associates.As such,the giving of greeting cards,gestures
expressing care or concern (i.e.,flowers to show respect for a deceased person, etc.) and other
expressions that involve limited expense (time and/or money) are encouraged, so long as are
they meet the above stated criteria. If in doubt of the intention of any gift given or received,
check with the Office Controller is Janeth Zabala,who can be contacted at 786-608-1406 or by e-
mail at accounting@wavpointci.com.. All communications concerning related matters are
strictly confidential.
3.6.3.3 Antitrust Policy
WCI is fully committed to compliance with the antitrust laws, which are designed to promote
free and open competition in the marketplace. Not only does the customer benefit by getting
the best services and products at the lowest price, but the Company also benefits by being able
to compete on a fair and level playing field with competitors.The antitrust laws are complex and
must be complied with strictly.Routine business decisions involving prices,terms and conditions
of sale, dealings with competitors, and many other matters present problems of great
sensitivity.It is therefore essential that every employee be generally aware of the antitrust laws
and that all employees who are actively involved in the bidding process understand WCI's
antitrust policies. Below is a general overview of the antitrust laws:
The Sherman Act — The primary federal antitrust statute. The Sherman Act prohibits any
agreement among competitors to fix prices,rig bids,or engage in other anticompetitive activity.
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Violation of the Sherman Act is a felony punishable by a fine of up to $10 million for
corporations, and a fine of up to$350,000 or three years imprisonment(or both)for individuals
and may subject the Company and/or the individual to suspension or debarment. In addition,
collusion among competitors may constitute violations of the mail or wire fraud statute, the
false statements statute, or other federal felony statutes. In addition to receiving a criminal
sentence, a corporation or individual convicted of a Sherman Act violation may be ordered to
make restitution to the victims for all overcharges. Victims of bid-rigging and price-fixing
conspiracies also may seek civil recovery of up to three times the amount of damages suffered.
Most criminal antitrust prosecutions involve price fixing, bid rigging, or market division or
allocation schemes. Under the law, price-fixing and bid-rigging schemes are per se violations of
the Sherman Act.This means that where such a collusive scheme has been established, it cannot
be justified under the law by arguments or evidence that, for example,the agreed-upon prices
were reasonable, the agreement was necessary to prevent or eliminate price-cutting or ruinous
competition, or the conspirators were merely trying to make sure that each got a fair share of
the market.
Price-Fixing — Price-fixing is an agreement among competitors to raise, fix, or otherwise
maintain the priceat which their goods or services are sold. It is not necessary that the
competitors agree to charge exactly the same price, or that every competitor in a given industry
join the conspiracy. Price-fixing can take many forms, and any agreement that restricts price
competition violates the law.Other examples of price-fixing agreements include those to:
• Establish or adhere to price discounts;
• Hold prices firm;
• Eliminate or reduce discounts;
• Adopt a standard formula for computing prices;
• Maintain certain price differentials between different types,sizes,or quantities of
services and/or products;
• Adhere to a minimum fee or price schedule;
• Fix credit terms;and
• Not advertise prices.
Bid Rigging — Bid-rigging is the way that conspiring competitors effectively raise prices where
purchasers -often federal, state, or local governments - acquire goods or services by soliciting
competing bids. Essentially, competitors agree in advance who will submit the winning bid on a
contract being let through the competitive bidding process. Bid-rigging also takes many forms,
but bid-rigging conspiracies usually fall into one or more of the following categories:
Bid Suppression:In bid suppression schemes,one or more competitors who otherwise would be
expected to bid, or who have previously bid, agree to refrain from bidding or withdraw a
previously submitted bid so that the designated winning competitor's bid will be accepted.
Complementary Bidding: Complementary bidding(also known as"cover"or"courtesy" bidding)
occurs when some competitors agree to submit bids that either are too high to be accepted or
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contain special terms that will not be acceptable to the potential customer. Such bids are not
intended to secure the potential customer's acceptance, but are merely designed to give the
appearance of genuine competitive bidding. Complementary bidding schemes are the most
frequently occurring forms of bid rigging, and they defraud purchasers by creating the
appearance of competition to conceal secretly inflated prices.
Bid Rotation: In bid rotation schemes, all conspirators submit bids but take turns being the low
bidder. The terms of the rotation may vary; for example, competitors may take turns on
contracts according to the size of the contract, allocating equal amounts to each conspirator or
allocating volumes that correspond to the size of each conspirator company.A strict bid rotation
pattern defies the law of chance and suggests collusion is taking place.
Subcontracting:Subcontracting arrangements can be part of a bid-rigging scheme..Competitors
who agree not to bid or to submit a losing bid frequently receive subcontracts or supply
contracts in exchange from the successful low bidder. In some schemes,a low bidder will agree
to withdraw its bid in favor of the next low bidderr in exchange for a lucrative subcontract that
divides the illegally obtained higher price between them.
Big-rigging of any sort as described herein or otherwise is specifically prohibited by WCI.
Market Division — Market division or allocation schemes are agreements in which competitors
divide markets among themselves. In such schemes,competing firms allocate specific customers
or types of.customers, products,or territories among themselves. For example, one competitor
will be allowed to sell to, or bid on, contracts let by certain customers or types of customers. In
return, he or she will not sell to, or bid on, contracts let by customers allocated to the other
competitors. In other schemes, competitors agree to sell to or contract with customers in
certain geographic areas and refuse to sell to or contract with,or quote intentionally high prices
to,customers in geographic areas allocated to conspirator companies.
Antitrust Policy Conclusion — Compliance with the antitrust laws is a serious matter and, as
explained above, violations could subject the Company to substantial civil and criminal liability.
Accordingly, any employee who violates antitrust laws will be disciplined, up to and including
termination. Additionally, any employee who knows, or reasonably should know, that an
antitrust violation has been, or will be, committed and fails to report it to the Corporate
Compliance Officer will be subject to discipline,up to and including termination.
The Office Controller is Janeth Zabala, who can be contacted at 786-608-1406 or by e-mail at
accounting@wavpointci.com. All communications concerning related matters are strictly
confidential.
3.6.3.4 Statements and Certifications
All statements, representations, and certifications made on behalf of WCI, whether written or
oral, shall be accurate,truthful, and timely. Under no circumstances may an employee make a
false or misleading statement,representation,or certification.Any statements that are false,
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fictitious,or fraudulent or contain materially false,fictitious,or fraudulent statements or entries,
may subject the Company, and/or the individual making the statement, to criminal liability
punishable by up to five years of imprisonment, a fine, restitution, and administrative liability
through suspension and debarment. In addition, if a false statement is used to get a claim paid,
then the Company and/dr the individual may be subject to civil liability up to three times the
' amount claimed for payment.
Additionally, employees are routinely required to certify that they and the Company are in
compliance with various contractual provisions and regulatory requirements. Examples of
common certifications include certifications pertaining to environmental,safety, personnel, and,.
health matters, product/service quality and material certifications, and quality control and
quality assurance testing certifications. Employees must be aware of the .requirements
applicable to their jobs and ensure that all certifications are accurate and that there,is neither a
material omission of fact or materially misleading statements. Annually, employees will be
required to sign a "Statement of Employee Handbook Receipt and Understanding" which
acknowledges that thy have read and understand the contents of the Handbook, specifically the
Code of Business Ethics and Conduct.
3.6.3.5 Communications and Records
All employees are expected to be familiar with, and conform to, the Company's document
retention policy,as well as the Company's recordkeeping and reporting procedures.Additionally,
all Company and employee communications, correspondence, and records must be accurate,
complete; and timely. The contents of any written communication must be legible and
unambiguous. If, after making any communication, correspondence, or record, the employee
discovers that he/she has made a mistake, then the employee must take all steps as may be
reasonably necessary to correct such mistake. Any employee who knowingly makes a false or
misleading communication, correspondence, or record will be disciplined, up to and including
termination.
3.6.3.6 Claims
All requests or demands for payment made on behalf of WCI pursuant to any contract or
business agreement must truthfully and accurately reflect the value of the goods or services
provided. Under no circumstances may an employee make a false claim. Examples of false
claims include billing extra time not spent working on a project, charging for materials not used
in a project, or artificially inflating a claim in order to negotiate additional compensation from
the customer. Any claims that are false, fraudulent, or otherwise deceitful may subject the
company, and/or the individual making the claim,to civil liability up to three times the amount
of the false claim for payment, criminal liability punishable by up to five years imprisonment, a
fine, and restitution, and administrative liability through suspension or debarment.Accordingly,
any employee who knowingly makes false claims shall be disciplined, up to and adding
termination. Additionally, any employee who knows, or reasonably should know, that another
employee has submitted, or intends to submit, a false claim and fails to report it to the Office
Controller, Janeth Zabala, will be disciplined, up to and including
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termination.The Office Controller is Janeth.Zabala,who can be contacted at 786-608-1406 or by
e-mail at accounting@wavpointci.com. All communications concerning related matters are
strictly confidential.
3.6.3.7 Environmental Compliance
WCI is committed to full compliance with all federal, state and local environmental laws,
standards, and guidelines. Not only is environmental compliance legally necessary, but it is also
an important component of our obligation to the community and our good reputation. It is
essential that each employee involved with regulated air emissions,water discharges,hazardous
materials,or other regulated pollutants know and comply with all applicable environmental laws
and guidelines. No one at WCI may participate in concealing an improper discharge, disposal, or
storage of hazardous materials or other pollutants. Any person who has reason to believe that
there may have been violations of any aspect of WCI's environmental compliance policy shall
report immediately to The Office Controller is Janeth Zabala,who can be contacted at 786-608-
1406 or by e-mail at accounting( waypointci.com.
Moreover, in addition to compliance with all environmental laws and guidelines, WCI is also
committed to utilizing energy and materials in a manner that will minimize the impact on the
environment. WCI encourages the use of recycled materials and other forms of environmental
stewardship initiatives whenever feasible.
3.6.3.8 Commitment to Disadvantaged Business Enterprises
WCI is committed to full compliance with government sponsored opportunity programs,such as
the disadvantaged business enterprise (DBE) program, and maximizing the opportunities of
DBEs.As such, WCI will not discriminate on the basis of race,color, national origin,or sex in the
hiring of suppliers or subcontractors and will foster an environment in which everyone is treated
with respect, trust, honesty, fairness, and dignity. For each government-funded contract, WCI
will make good faith efforts to maximize the participation of DBEs in subcontracts and ensure
that each DBE is performing a commercially useful function.A DBE is deemed to be performing a
commercially useful function if the DBE is responsible for executing the work and carrying out
their responsibilities by actually performing,managing,and supervising thework.
3.6.4 Obligation to Report Violations and Cooperation
Each employee must promptly report any known or suspected violation of this Code of Ethical Conduct
and all other unlawful or unethical conduct. Reports or other questions under this Code of Business
Ethics and Conduct may be made to any of the following persons:
Janeth Zabala Katrina Gonzalez
Office Controller President
954-681-2903 ) 305-904-7673
accounting@waypointci.com kgonzalez@wavpointci.com
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All communications concerning related matters are strictly confidential. Pursuant to FAR 52.203-
13(a)(3), the company will conduct an internal investigation (with the.aid of counsel if deemed
appropriate), taking all suspected violationsseriously, and as a result of this investigation will make all
disclosures required by law.
Employees are obligated to report such known or suspected conduct without regard to the identity or
position of the suspected offender. Any report made under this section will be strictly confidential and
under no circumstances will any employee who makes a report be subject to any acts of retribution,
retaliation,or disciplinary action.Additionally,all employees must fully cooperate in any investigation of
a suspected violation of this Code and fully cooperate with any request by the Office Controller. Any
employee found to have violated this Code or engaged in other unlawful or unethical behavior shall be
disciplined. Depending on the severity, frequency and other factors, discipline could range from
counseling to dismissal.
3.6.5 Consequences for Violations
Any violation of this Code is cause for disciplinary action that may result in any of the following consequences:
• Reprimand;
• Loss of compensation,seniority,or promotional opportunities;
• Reduction in pay;
• Demotion;
• Suspension with or without pay;
• Discharge;
• Criminal prosecution.
3.6.6 Promoting Procurement Integrity •
WCI believes that federal procurement must be conducted with the highest degree of integrity— both
on the part of WCI as well as the government officials involved in a particular procurement. To this end,
WCI commits to closely monitoring any discussions involving employment of government officials
involved with WCI projects with the federal government and any potential disclosures of procurement
information outside of the proper operation of applicable laws or regulations. If these circumstances
arise, WCI commits to thoroughly investigating the circumstances and taking appropriate action as
outlined in FAR 3.104.
3.6.7 Whistleblower Policy
Because WCI is committed to investigating and remedying any conduct or behavior that may be a
violation of the Company's Code of Ethics and other Employment Policies and Practices, all WCI
employees have a duty to report such conduct or behavior to a supervisor, a member of the WCI's
Executive Committee, or the Corporate Compliance Officer. If an employee chooses to report conduct
potentially violating the Company's Code to
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a member of Congress,an authorized official of a contracting agency,or the Department of Justice, WCI
commits to a policy that that the employee will not be discharged, demoted, or otherwise discriminated
against by the Company or any of its employees.
3.6.8 Investigation and Disclosure Policy
In order to maintain the highest level of integrity and ethics throughout the Company, WCI internally
investigates any allegation that a violation of federal,state or local criminal law involving fraud, conflict
of interest, bribery, or gratuity violations, or a violation of the civil False Claims Act in connection with
any Government contract to which WCI is a party. Unless circumstances require a different individual to
investigate, the investigation shall be headed by the Office Controller. Using sufficient time to conduct
its investigation but without taking unnecessary delays, WCI shall investigate these allegations, WCI
employees involved, and any other individuals involved in the situation. In the event that the WCI
investigation discovers credible evidence of a violation of this Code or applicable federal law, WC1 will
make a timely disclosure in writing to the Office of the Inspector General for the contracting agency and
will provide a copy of its findings to the contracting officer for the affected contract.
For the purposes of WCI's internal investigations, credible evidence is evidence that based upon the
circumstances of the allegation makes it reasonably believable that a violation of applicable law
occurred.
3.6.9 Review and Audit Policy
To ensure that the Company maintains integrity in its business,WCI reviews its Code of Business Ethics,
all of its policies contained in its Employee Handbook and its internal controls no less than once a year
during the last week of January forthe purpose of making updates and changes as appropriate. If
weaknesses in any..of these areas are identified,WCI will determine the most effective means to remedy
those weaknesses and will implement changes.as quickly as is feasible. Records of these reviews will be
maintained by WCI and will be supplied to government auditors if necessary. In the event of an audit by
a government agency, WCI will cooperate fully and provide records or other documentation necessary
for the auditors to perform the audit.
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Code of Ethics
Along with our attached Code of Ethics,Waypoint Contracting, Inc.will adopt the City of Miami
Beach Code of Ethics.
c
N, STATE OF FLORIDA ,
•P DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
,4CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
4.-4:' 2601 BLAIR STONE ROAD
TALLAHASSEE FL 32399-0783
LOPEZ,JORGE LUIS
WAYPOINT CONTRACTING INC
7354 MIAMI LAKEWAY S
MIAMI LAKES FL 33014
•
Congratulations! With this license you become one of the nearly .
one million Floridians licensed by the Department of Business and N; -
Professional Regulation. Our professionals and businesses range 66,14/:- .2 STATE OF.FLORIDA
from architects to yacht brokers,from boxers to barbeque ;
DEPARTMENT OF BUSINESS AND
restaurants,and they keep Florida's economy strong. PROFESSIONAL REGULATION
Every day we work to improve the way we do business in order CGC1519415 , '-ISSUED: 01/15/2017
to serve you better. For information about our services,please
log onto www.myfloridalicense.com. There you can find more CERTIFIED GENERAL,CONTRACTOR_
information about our divisions and the regulations that impact LOPEZ,JORGE LUIS:r ��� ..�;- l
you,subscribe to department newsletters and learn more about WAYPOINT CONTRACTING,INC
the Department's initiatives.
Our mission at the Department is:License Efficiently.Regulate
Fairly.We constantly strive to serve you better so that you can
IS CERTIFIED under the provisions of Ch 489 FS.
serve your customers. Thank you for doing business in Florida, Expvadale.AUG 31.2018 a70,+ 000;aae
and congratulations on your new license!
•
• DETACH HERE
_
RICK SCOTT,GOVERNOR MATILDE MILLER,INTERIM SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND.PROFESSIONAL REGULATION s ,
CONSTRUCTION INDUSTRY LICENSING BOARD -`'F• "�
oitr ,
•
LICENSE NUMBER • >/F lir
CGC1519415 "Vv,-;M4. r"�i
The GENERAL CONTRACTOR \.,- . x , -;-,?
,Named below IS CERTIFIED N4i;4
Under the provisions'of Chapter 489 FS.
Expiration date:=AUG 31,2018 - ,
o
- ' LOPEZ,JORGE LUIS - - - ;}L t.
❑•
WAYPOINT CONTRACTING=INC
7354 MIAMI LAKEWAY S - '
MIAMI LAKES FL 33014 - •
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ISSUED: 01/15/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1701150001348
, h. Kahn-Carlin &Company,Inc.
3350 South Dixie Highway,Miami, Florida 33133
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Telephone:(305)446-2271
Broward:(954)767-6066
INSURANCE Toll Free(877)275-1180
Fax(305)448-3127 .
http://www.kahn-carlin.com
January 22,2018
Re: Waypoint Contracting,jnc:
To Whom It May Concern:
This letter will serve as evidence that Waypoint Contracting,Inc. is bonded by FCCI
Insurance Co.Waypoint has a current capacity of$2,000,000.00 single and
$5,000,000.00 aggregate.
We have known the principals of Waypoing Contracting, Inc. for over 25 years and have
found them to be honest and hardworking,with an excellent reputation in the
construction community.
As this is a letter of recommendation,Kahn-Carlin&Company, Inc.,Waypoint
Contracting, Inc.,its agents and owners accept no liability for its contents. The Surety
reserves the right to review each submission and base their decision upon conditions that
exist at the time of request.
If we can be of additional assistance,please feel free to give us a call.
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Michael Bone ' C.AAI
Director of Construction&Surety
QWYRDINT
r Contracting.fnc..
Project Name Phichol Williams Community Center
Address of Project 450 SE 6T"Avenue Homestead,FL 33030
Project Type Fixed Price
LEED Certification Level achieved if applicable
Brief scope of project and similarity with scope Complete demolition and reconstruction of all
and size of this RFQ'S project interior finishes of the 17,500 sqft community
center.
Cost/Value $497,000.00
Completion Date 12/08/2017
Company Name Waypoint Contracting,Inc.
Number of years of contractual relationship
Address of company 1324 NW 29T"ST Miami, FL 33142
Contact Name and Title Pedro Reynaldos,Operations Manager for Park
and Public Works
Contact Email Address prevnaldos@citvofhomestead.com
Contact Phone Number 305-224-4570
1
QWAYRDINT
.ur Contracting,Inc.
Project Name Manny Vecin Residence
Address of Project 641 Oriole Ave Miami Springs,FL 33166
Project Type Design/Build
LEED Certification Level achieved if applicable
Brief scope of project and similarity with scope Demolition of the existing patio deck and above
and size of this RFQ'S projects ground pool.
Cost/$Value $50,000.00
Completion Date 07/15/2017
Company Name Waypoint Contracting,Inc.
Number of years of contractual relationship
Address of Company 1324 NW 29TH ST Miami, FL 33142
Contact Name and Title Manuel Vecin, Owner
Contact Email Address mannvvecin@gmail.com
Contact Phone Number 786-280-0628
I\ WA:1(1=01 NT
s. Contracting.Inc.
Project Name Miami Water Heater Renovations
Address of Project 1324 NW 29TH ST Miami,FL 33142
Project Type Design/Build
LEED Certification Level achieved if applicable
Brief scope of project and similarity with scope Complete interior demolition and renovation of
and size of this RFQ'S project Miami Water Heater showroom,office area,and
restrooms.
Cost/$Value $50,000.00
Completion Date 07/07/2017 •
Company Name Waypoint Contracting,Inc.
Number of years of contractual relationship
Address of Company 1324 NW 29TH ST Miami, FL 33142
Contact Name and Title Carlos Sanchez,Owner
Contact Email Address carlos@miamiwaterheater.com
Contact Phone Number 305-663-2656
WAYPOINT
Contracting.Inc.
Project Name Restoration of the Child Care Center Miami,FL
Address of Project 7500 NW 8TH ST,Miami, FL 33166
Project Type Fixed Price
LEED Certification Level achieved if applicable
Brief scope of project and similarity with scope Provide all labor,materials,equipment and
and size of this RFQ'S project supervision necessary to Replace Child Care
Center Playground Base at the Miami Air Route
Traffic Control Center, Miami, Florida.
Cost/$Value $99,940.00
Completion Date 12/15/2017
Company Name Waypoint Contracting,Inc.
Number of years of contractual relationship
Address of Company 1324 NW 29TH ST Miami, FL 33142
Contact Name and Title Susan Newcomb
Contact Email Address Susan.newcomb@faa.gov
Contact Phone Number 781-238-7659
ATTACHMENT D
INSURANCE REQUIREMENTS
J
APPENDIX F
•
NA AAA B EAc H
Insurance Requirements
2018- 124-WG
Building and Specialty Trade
Contractors
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-124-WG
74
MLAMI BE
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughoutthe term of the contract and any renewal periods.
XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability$ 1,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements"of specifications).
XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included.
4. Excess Liability-$ .00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
6. Other Insurance as indicated:
Builders Risk completed value $ .00
Liquor Liability , $ .00
Fire Legal Liability $ .00
Protection and Indemnity $_ .00
Employee Dishonesty Bond $ ' .00
Other $ .00
XXX 7. Thirty(30)days written cancellation notice'required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the proposal number and title
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.
17
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ITB 2018-124-WG