Contract between CMB & Harbour Construction, Inc (2)DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
2soz3 -32-ca 7 c�
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CONTRACT
THIS CONTRACT ("Contract") is made and entered into as of 11/21/2023 2:by and EST
between the City of Miami Beach, Florida, a municipal corporation (the "City") and
HARBOUR CONSTRUCTION, INC. (the "Contractor"):
WIT NESSETH, that the Contractor, for and in consideration of the payments hereinafter
specified and agreed to be made by the City, hereby covenants and agrees to furnish and
deliver all the materials required, to do and perform all the work and labnr, in a satisfactory
and workmanlike manner, required to complete this Contract within the time specified, in
strict and entire conformity with the Plans, Specifications, and other Contract Documents,
which are hereby incorporated into this Contract by reference, for:
ITB No. and Title: RFQ-2023-096-KB-.JOB ORDER CONTRACTING SERVICES
The Contractor agrees to make payment of all proper charges for labor and materials
required in the aforementioned work, and to defend, indemnify and save harmless City,
and their respective officers and employees, from liabilities, damages, losses and costs
including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract.
The requirements of the Contract Documents, as such term is defined in the Invitation by
reference to the General Conditions for Construction Contracts dated April 13, 2020, the
Formal Solicitation Terms & Conditions - Goods and Services dated October 27, 2022,
and the Terms and Conditions - Contract Provisions for Federal Awards dated August 20,
2020, are hereby incorporated by reference as if fully set forth herein. Without limiting the
foregoing, the Contract Documents expressly include this Contract, Attachment A (the
City's General Conditions for Construction Contracts), Attachment B (Plans ano
Specifications, Invitation to Bid No. 2023-096-KB and all Addenda thereto), Attachment C
(Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D (insurance
requirements).
Contractor may reject the assignment of a task order with good cause by providing the
City with written notice detailing the specific reasons for rejection within three (3) business
days of notification of a task order assignment. However, a determination of good cause is
not guaranteed and shall be made in !fie City Manager's sole discretion. if the Contractor
declines three (3) work orders without good cause, the City may terminate this
Agreement. Contractor acknowledges that rejecting a task order for any reason may
affect Contractor's ability to receive an equitable distribution of work under the
Agreement.
The contract is an indefinite -quantity contract for construction work services.
The Contractor shall perform all work required, necessary, proper for or incidental to
completing the Detailed Scope of Work called for in each individual Job Order issued
pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog@
and the following Adjustment Factors:
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Contract no. 23-096-02
VERTICAL CONSTRUCTION PROJECTS
)
Projects with Routine Wages
(excludes prevailing wades, Davis Bacon wages and local workforce requirements)
j
1
I Adjustment Factor Narrate _ y Bid Adjustment Factor
I
i Adjustment Factor for Projects with Routine Wages and Normal
Working Hours (excludes prevailing wages, Davis Bacon wages and
1 local workforce requirements) 1.1089
Normal working Hours Adjustment factor means the hours contained in the applicable noise ,
ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00
a.m. to 4:00 p.m. Monday through Frda r,eexcept for City Holidays.
Adjustment Factor for Projects with Routine Wages and Other Than
Normal Working Hours (excludes prevailing wages, Davis Bacon
wages and local workforce requirements)
2
Other Than Normal Working Hours Adjustment Factor. means the hours outside the applicable
1.1$67
i
noise ordinance, and in the event there is no applicable noise ordinance, means the, hours of
,
4:01 p.m. to 6:59 a.m. Monday throw h Friday and aN da Saturday, Sunda and Cat Holida
VERTICAL CONSTRUCTION PROJECTS
Projects with Prevailing Wages
Davis Bacon wages and local workforce
Factor Name v _L Bid Adjustment Factor
Adjustment Factor for Projects Prevailing Wages with Normal I
Working Hours (includes prevailing wages, Davis Bacon wages and i
1, local workforce requirements) 1.1473
Normal Working Hours Adjustment Factor means the hours contained in the applicable noise
ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00
iAdjustment Factor for) Prevailing Wages with Other Than Normal
i
Working Hours (includes prevailing wages, Davis Bacon wages and
Y. ; local workforce requirements) 1.2311
Other Than Normal Working Hours Adjustment Factor: means the hours outside the applicable
noise ordinance., and in the event there is no applicable noise ordinance, means the hours of
4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday, Sunday, and City Holidays.
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Contract no. 23-096-02
HORIZONTAL CONSTRUCTION PROJECTS i
Projects with Routine Wages i
(excludes prevailing wages, Davis Bacon wages and local workforce requirements)
Adjustment Factor Name
Bid Adjustment Factor
Adjustment Factor for Projects with Routine Wages and Normal
Working Hours (excludes prevailing wages, Davis Bacon wages and
local workforce requirements)
1
1.1089
Normal Working Hours Adjustment Factor means the hours contained in the applicable noise
ordinance, and in the event there is no applicable noise ordinance, means the hours from 7;00
a.m. to 4:00 p.m. Monday, through Friday, except for City Holidays.
_
Adjustment Factor for Projects with Routine Wages and Other Than
Normal Working Hours (excludes prevailing wages, Davis Bacon
wages and local workforce requirements)
2
i 2.1867
Other Than Normal Working Hours Adjustment Factor: means the hours outside the applicable
noise ordinance, and in the event there is no applicable noise ordinance, means the hours of
4:01 p,m. to 6:59 a.m. Monday through Friday and all day Saturday, Sunday, a d0tyHolidays.
HORIZONTAL CONSTRUCTION PROJECTSY
Projects with Prevailing Wages
_
_ (prevailing wages, Davis Bacon wages and local workforce requirements)
Adjustment f._a._-c_t_or_ Name --.._.__------T_._,---�Bid._
.Ad usment or
Adjustment Factor for Projects Prevailing Wages with Normal
Working Hours (includes prevailing wages, Davis Bacon wages and
j
local workforce requirements)
1
1.1473
Normal Working Hours Adjustment Factor means the hours contained in the applicable noise
ordinance, and In the event there Is no applicable noise ordinance, means the hours from 7:00
a.m. to 4:00 p.m. Monday through FridayLexcept for City Holida
1
— _
Adjustment Factor far) Prevailing Wages with Other Than Normal
Working Hours (includes prevailing wages, Davis Bacon wages and
local workforce requirements)
2
, 1.2311
IOther Than Normal Working Hours Adjustment Factor: means the hours outside the applicable
noise ordinance, and in the event there is no applicable noise ordinance, means the hours of
4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday,Sunda and Ci Holida s.
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Contract no. 23-096-02
..----.----.._.....__._ ._ ��
COASTAL/SEAWALL CONSTRUCTION PROJECTS
Projects with Routine Wages
T _ y (excludes prevailing wages, Davis Bacon wages and local workforce re uirements
Adjustment Factor Name Bid Adjustment Factor
' Adjustment Factor for Projects with Routine Wages and Normal
Working Hours (excludes prevailing wages, Davis Bacon wages and
{ local workforce requirements)
2
1.1089
li Normal Working Hours Adjustment Factor means the hours contained in the applicable nolse
ordinance, and in the event there is no applicable noise ordinance, means the hours from 1:00
a.m. to 4:00 p.m. Monda_y through Frid__ ax_except for Ci Halida
Adjustment Factor for Projects with Routine Wages and Other Than
Normal Working Hours (excludes prevailing wages, Davis Bacon
wages and local workforce requirements)
2
�
1867
I
Other Than Normal Working Hours Adjustment Factor means the hours outside the applicable
Lilnoise
ordinance, and in the event there is no applicable noise ordinance, means the hours of
4:0! p•m• to 6:54 a.m. Monday thrau h Friday and aNay, dSaturda , SY unday, ands Holidays
COASTAL/SEAWALL CONSTRUCTION PROJECTS
Projects with Prevailing Wages i
_Iprevailing wages, Davis Bacon wages and local workforce requirements)
I
Adjustment Factor Name
Bid Adjustment Factor
Adjustment Factor for Projects Prevailing Wages with Normal
Working Hours (includes prevailing wages, Davis Bacon wages and
local workforce requirements)
1.1473
Normal working Hours Adjustment Factor means the hours contained in the applicable noise
ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00
a.m. to 4:00 p.m. Monday through Friday, except for City Holidays.
Adjustment Factor for) Prevailing Wages with Other Than Normal
I
Working Hours (includes prevailing wages, Davis Bacon wages and
local workforce requirements)
2
1.2311
i
Other Than Normal working Hours Adjustment Factor: means the hours outside the applicable
noise ordinance, and in the event there Is no applicable noise ordinance, means the hours of
4:01 p.m, to 6:59a.m. Mondaythrough Friday Sunda, and C !y ldays;
i
Partial and Final Payments will be made as provided for in the Contract Documents.
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Contract no. 23-096-02
Notices.
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -
delivery with a request for a written receipt of acknowledgment of delivery, addressed to
the party for whom it is intended at the place last specified.
The place for giving notice shall remain the same as set forth herein, unless such notice
information is revised in a Contract amendment duly executed by the City and the
Contractor. For the present, the parties designate the following:
For City:
Office of Capital Improvement Projects
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Office of Capital Improvement Projects Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach Florida 33139
For Contractor:
HARBOUR CONSTRUCTION, INC.
7340 SW 48 Street
Miami, FL 33155
Attn: Leyla De La Espriella
Ph: 305-603-9944
Email: IdelaePa�harbourconstruction.cnrn
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Contract no. 23-096-02
IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by
their appropriate officials as of the date first above written.
CITY:
ATTEST:
Docu8gned by:
By 'e. ai'�
Rafael E. Granado, Ity erk
(seal j
CONTRACTOR:
HARBOUR CONSTRUCTION, INC.
CITY OF MIAMI BEACH, FLORIDA
4AIfinaT. Hudak, Ci Manager
Name: e�fL/t ve
;(sealJ
I
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ti A f 23
City Attorney Date
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ATTACHMENT A
CITY OF MIAMI BE H R S & COND
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MIAMI BEACH
GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS
(April 13, 2020)
ARTICLE 1. DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS.
1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions used in the
Contract Documents. Additional terms may be defined in other Contract Documents. The following terms
shall have the meanings specified herein, as follows:
"Applicable Laws" means all laws, codes (including, but not limited to, building codes), ordinances, rules
regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, Project
Site, or the Parties.
"Application for Payment" means the detailed itemized documentation, including all supporting
documentation, in a form and substance satisfactory to the City, submitted by the Contractor on a monthly
basis in order to obtain the City's approval for payment for Work performed pursuant to the Contract
Documents.
"Bid" means an offer or proposal submitted by a bidder in response to this ITB. The terms "Bid" and "Bid
Submittal" are used interchangeably.
"Bidder" means any individual or firm submitting a Bid for this Project.
"Change Order" means a written document ordering a change in the Contract Price and/or Contract Time
or a material change in the Work (as defined herein). A Change Order must comply with the requirements
of the Contract Documents.
"CIP Inspector/PWD Field Observer" means a City employee charged with observing and documenting, for
internal City purposes only, general observations and conditions of the Project including, without limitation, the
weather conditions, the number of workers present at the time of observation, general type of work being
performed and taking photographs regarding same. Contractor expressly waives any right to assert as a
defense to any claim regarding the Project including, without limitation, any dispute between the City and
Contractor, and Contractor and any third party, the presence or purported approval or consent of any CIP
Inspector or other City employee conducting any field observations during the Project. The Contractor
expressly acknowledges that the purpose of such City employee is to observe and document for internal
purposes only general observations and conditions of the Project, and in no way is intended to, nor shall be
treated as, a person with authority to approve or reject the Work on behalf of the City or any other entity, or to
direct the Contractor's Work in any way. Contractor expressly agrees to waive the presence of such CIP
Inspector or other City employee performing field observations as a defense to any Claims involving the
Project.
"City" means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139. In all respects hereunder, City's obligations and
performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In
the event City exercises its regulatory authority as a governmental body including, but not limited to, its
regulatory authority for code inspections and issuance of Building Department permits, Public Works
1 I General Conditions for Construction Contracts (April 13, 2020)
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Department permits, or other applicable permits within its jurisdiction, the exercise of such regulatory authority
and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred
pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to
City as a Party to this Contract.
"City Commission" means the governing and legislative body of the City.
"City Manager" means the Chief Administrative Officer of the City. The City Manager shall be construed to
include the Contract Administrator and any duly authorized representatives of the City as the City Manager
may designate in writing at any time with respect to any specific matter(s) concerning the Project and/or the
Contract Documents (exclusive of those authorizations reserved to the City Commission or regulatory or
administrative bodies having jurisdiction over any matter(s) related to the Project and/or the Contract
Documents).
"Claim" means a demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of the Contract Documents, payment of money, extension of time or other relief with respect to
the Contract Documents or Project. The term "Claim" also includes other disputes and matters in question
between the City and Contractor arising out of or relating to the Contract Documents. Claims must be initiated
by written notice in strict accordance with the Contract Documents. The responsibility for substantiating
Claims shall rest with the Party making the Claim. All Claims submitted by Contractor must comply with the
requirements of the City's False Claims Ordinance, as set forth in Sections 70-300 et seq., of the City Code,
or shall be forfeited in accordance with the terms of the False Claims Ordinance and conclusively waived and
released.
"Consultant" means the firm named in the Invitation to Bid Summary as the "Consultant," that has entered
into a separate agreement with the City to perform architectural, engineering, or other design and construction
administration services for the Project, and who will serve as the "architect of record" and/or "engineer of
record" for the Project. Wherever the word "Architect" or "Engineer' or "Consultant" appears in the Contract
Documents, it shall be deemed to refer to the Consultant and/or the design professionals engaged by the
Consultant. All communications, directives, instructions, interpretations and actions required of Consultant
shall be issued or taken only by or through Consultant's authorized representative(s).
"Construction Superintendent" means the individual who is a representative of the Contractor, and who
shall be responsible for continuous field supervision, coordination, and completion of the Work, and who shall
maintain a full-time on -site, physical presence at the Project Site and satisfy the obligations of Construction
Superintendent as provided in the Contract Documents.
"Contract" means the written agreement between the City and the Contractor for the performance of the
Work in accordance with the requirements of the Contract Documents, and for the payment of the agreed
consideration.
"Contract Administrator" means the City's Contract Administrator shall mean the individual appointed by
the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf
of the City, all matters related to the Project. The initial Contract Administrator for the Project is named in the
Invitation to Bid Summary.
"Contract Documents" means all of the documents setting forth bidding information, requirements and
contractual obligations for the Project, including this ITB, Contractor's Bid in response thereto, the Contract,
I General Conditions for Construction Contracts (April 13, 2020)
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and the Plans and Specifications, together with all addenda to any of the foregoing, Change Orders, Work
Orders, Field Orders, schedules and shop drawings, and all other documents required by the ITB for the
completion of the Project.
"Contract Price" means the amount established in the Contract Documents as the total amount the City is
obligated to pay for full and complete performance of all of the Work required by the Contract Documents
(including, but not limited to, all labor, equipment and materials to administer, coordinate, provide related
certifications, install and otherwise construct and complete the Project within the Contract Time), and as may
be amended by Change Order.
"Contract Time" means the number of days allowed for completion of all Work, as stipulated in the Contract
Documents, and as may be amended by Change Order.
"Contractor" means the individual or firm whose Bid is accepted and who enters into the Contract with the
City to construct the Project pursuant to the Contract Documents and who is liable for the acceptable
performance of the Work and payment of all debts pertaining to the Work.
"Days" means all references to numbers of days in the Contract Documents, shall be construed to mean
calendar days, unless specifically noted otherwise. The term "business days" means a day other than a
Saturday, Sunday, Federal holiday or any day on which the principal commercial banks located in Miami -
Dade County, Florida are not open for business during normal hours.
"Field Order" or "Field Directive" means a written order which further describes details or provides
interpretations necessary to complete the Work of the Contract Documents but which does not involve a
change in the Contract Price or Contract Time.
"Final Completion" means the date upon which all conditions and requirements of the Contract Documents,
permits and regulatory agencies have been satisfied; any documents required by the Contract Documents
have been received by the City; any other documents required to be provided have been received by City;
and the Work has been fully completed in accordance with the Contract Documents.
"Notice(s) to Proceed" or "NTP" means a written letter or directive issued by the Contract Administrator
to Contractor to commence and proceed with portions of the Work as specified therein or a specific task of
the Project, and stating any further limitations on the extent to which Contractor may commence and proceed
with the Work. Unless otherwise approved by the City at its sole discretion, City's issuance of a Notice to
Proceed for construction or portions thereof shall be contingent upon Contractor obtaining all appropriate
permits and satisfying all requirements of agencies having jurisdiction. However, the City is not obligated to
immediately issue NTP on the date Contractor obtains all requisite permits and/or satisfies the specified
conditions precedent for issuance of NTP. The date of issuance of NTP shall be determined at the City's
sole discretion once Contractor has obtained all required permits and otherwise satisfied all conditions
precedent to issuance of NTP.
"Owner's Contingency" means that separate fund which is available for City's use at its sole discretion to
defray additional expenses relative to the design and construction of the Project, as well as additional
expenses expressly chargeable to the City or otherwise deemed the responsibility of the City pursuant to the
Contract Documents. The City retains exclusive use and control of the Owner's Contingency. The Contractor
has no right or entitlement whatsoever to the Owner's Contingency, and use of such funds are subject to the
Contract Administrator's or City Manager's prior written approval and issuance of a Change Order by the City
General Conditions for Construction Contracts (April 13, 2020)
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at its sole and absolute discretion. Any unused City Contingency remaining at the completion of the Project
shall accrue solely to the City.
"Parties" means City and Contractor, and "Party" is a reference to either City or Contractor, as the context
may indicate or require.
"Plans" means the drawings or reproductions thereof prepared by the Consultant, which show the location,
character, dimensions and details of the Work to be done, and which are a part of the Contract Documents.
"Project" means the improvements described in the Contract Documents and all Work that is contemplated
thereby or reasonably inferable therefrom.
"Project Initiation Date" means the date upon which the Contract Time commences.
"Project Manager" means the authorized individual which is the representative of Contractor and who will
administer and manage the prosecution of all Work on behalf of the Contractor.
"Punch List" means the list or lists prepared by Contractor, incorporating input provided by the City or
Consultant, identifying matters that remain to be completed to achieve Substantial Completion and to be
completed between achievement of Substantial Completion and Final Completion in order that Final
Completion can be declared by City to have occurred.
"Purchase Order" means the written document issued by the City to the Contractor indicating types,
quantities, and/or agreed prices for products or services to be provided to the City.
"Responsible Bidder" means an offeror who has the capability in all respects to perform fully the contract
requirements, and the integrity and reliability which will assure good faith performance, including, without
limitation, the factors identified in Section 2-369 of the City Code.
"Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material
respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms,
which contain all required information, signatures, notarizations, insurance, bonding, security, or other
mandated requirements by the bid documents to be submitted at the time of bid opening.
"Schedule of Values" means a written schedule setting forth the detailed and itemized cost breakdown,
inclusive of labor, material, and taxes of all elements comprising the Contract Price.
"Specifications" means the general term comprising all of the written directions, provisions and
requirements contained in the Contract Documents, as amended, describing the work required to be
performed, including detailed technical requirements as to labor, materials, supplies, equipment and
standards to which such work is to be performed.
"Subcontractor" means any person or entity supplying the Contractor with labor, materials, supplies or
equipment used directly or indirectly by the Contractor in the prosecution of the Work.
"Substantial Completion" means the date when the Work, as certified in writing by the Consultant, and
determined by the City in its sole discretion, has been developed, designed, engineered and constructed in
accordance with the Contract Documents such that all conditions of permits and regulatory agencies have
4 1 General Conditions for Construction Contracts (April 13, 2020)
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been satisfied and the Project is ready for occupancy, utilization and continuous commercial operation for
the uses and purposes intended by the City, without material interference from incomplete or improperly
completed Work and with only minor punch list items remaining to be completed, all as reasonably
determined by the City and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of
Completion by the authority having jurisdiction; (2) the issuance of a Certificate of Substantial Completion
by the Consultant; and (3) acceptance of such Certificate of Substantial Completion by the City pursuant to
the Contract Documents.
"Surety" means the surety company or individual which is bound by the bid bond, or by the performance
bond or payment bond with and for Contractor who is primarily liable, and which surety company or individual
is responsible for Contractor's satisfactory performance of the work under the contract and for the payment
of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes.
"Work" means all construction and services required by or reasonably inferable from the Contract
Documents for the completion of the Project, including the provision of all labor, materials, equipment,
supplies, tools, machinery, utilities, procurement, fabrication, transportation, construction, erection,
demolition, installation, insurance, bonds, permits and conditions thereof, building code changes and
governmental approvals, testing and inspection services, quality assurance and/or quality control inspections
and related certifications, training, surveys, studies, supervision, and administration services to be provided
by the Contractor, and other items, work and services that are necessary or appropriate for the total
construction, installation, furnishing, equipping, and functioning of the completed Project, together with all
additional, collateral and incidental items, work and services required to achieve Final Completion in
accordance with the Contract Documents.
1.2. Interpretation of the Contract Documents.
1.2.1. As used in the Contract Documents, (i) the singular shall include the plural, and the masculine shall
include the feminine and neutral, as the context requires; (ii) "includes" or "including" shall mean "including,
but not limited to" and "including, without limitation;" and (iii) all definitions of agreements shall include all
amendments thereto in effect from time to time.
1.2.2. Whenever it shall be provided in the Contract Documents that the Contractor is required to perform
a service or obligation "at its sole cost and expense" or words of substantially similar meaning, the Contractor
shall not be entitled to reimbursement for such item and the cost of such service or obligation shall not be
included in any Application for Payment.
1.2.3. Contract Documents shall be construed in a harmonious manner, whenever possible. The general
intent of the Contract Documents is to include all items necessary for the proper execution and completion
of the Project by the Contractor.
1.2.4. The Contract Documents shall be taken as a whole and are complementary, and any item of Work
called for in any Contract Document shall be as binding as if called for by all, so that any part of the Work
shown or described in any of the Contract Documents, though not specifically referred to in other Contract
Documents, shall be executed by Contractor and binding as a part of the Contract Documents, as well as
any Work which, in the sole opinion of City, may be fairly inferred from the Contract Documents or by normal
industry practice.
General Conditions for Construction Contracts (April 13, 2020)
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1.2.5. Detailed plans shall take precedence over general plans for the same part of the Work. Specifications
and detailed plans which may be prepared or approved by City after the execution of the Contract and which
may be fairly inferred from the original specifications and plans are to be deemed a part of such specifications
and plans, and that portion of the Work shown thereby shall be performed without any change in the Contract
Price or Project Schedule. With respect to conflicts between large-scale drawings and small-scale drawings,
the larger scale drawing shall govern, unless otherwise dictated by Consultant.
1.2.6. Where compliance with two or more requirements is indicated in any of the enumerated Contract
Documents and where these requirements within the Contract Documents conflict in quantity or quality, the
Contractor shall comply with the most stringent requirement as determined by the City, unless specifically
indicated otherwise in the Contract Documents.
1.2.7. As used in the Contract Documents, unless specifically indicated otherwise, references to an Article
include all Sections, Subsections, and items within that Article; references to a Section include all Subsections
and items within that Section; and references to a Subsection include all items within that Subsection.
1.2.8. Words which have a well-known technical or trade meaning are used herein in accordance with such
recognized or well-known meaning, unless the Contract Documents otherwise specifically define such word.
1.2.9. The Recitals, Appendices, Exhibits and Schedules attached hereto are expressly incorporated in and
made a part of the Contract Documents as if fully set forth herein.
ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT DOCUMENTS.
2.1. Intention of City. It is the intent of City to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in
accordance with all codes and regulations governing construction of the Project. Any work, materials or
equipment that may reasonably be inferred from the Contract Documents as being required to produce the
intended result shall be supplied by Contractor whether or not specifically called for. City shall have no duties
other than those duties and obligations expressly set forth within the Contract Documents.
2.2. Priority of Contract Documents. In the event of conflict or inconsistency among the Contract
Documents, the following order of precedence shall govern the interpretation of the Contract Documents:
a. Change Orders or Amendments to this Contract (excluding the Plans and Specifications);
b. The Contract Documents (excluding the Plans and Specifications);
c. Modifications or changes to the completed Plans and Specifications, as approved by the City;
d. The completed Plans and Specifications, as approved by the City; and
e. The ITB.
In the event of any conflict between the General Terms and Conditions of the ITB (as may be amended by
Change Order), and the Specifications, the provisions of the General Terms and Conditions, as amended,
shall take precedence and control.
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Contractor shall be furnished two (2) copies, free of charge, of the Contract Documents; which shall be
preserved and always kept accessible to the City, the Consultant, and their respective authorized
representatives. Additional copies of the Contract Documents may be obtained from City at the cost of
reproduction.
ARTICLE 3. CONTRACTOR'S DUTIES AND RESPONSIBILITIES.
3.1. Performance of the Work. The Contractor covenants and warrants that it shall be responsible for
performing and completing, and for causing all Subcontractors to perform and complete, the Work in
accordance with the Contract Documents and all Applicable Laws relating to the Project. Accordingly,
Contractor shall furnish all of the labor, materials, equipment services and incidentals necessary to perform
all of the Work described in the Contract Documents, and all Work that is contemplated thereby or reasonably
inferable therefrom. As part thereof, Contractor shall achieve Substantial Completion within the time period
specified in the Invitation to Bid Summary for Substantial Completion, as such date may be extended
pursuant to the terms of the Contract Documents, and shall achieve Final Completion of the Project by the
date established in the Contract Documents for Final Completion, as such date may be extended pursuant
to the terms of the Contract Documents. Unless otherwise provided in the Contract Documents, or as agreed
to in writing between City and Contractor, the form and content of all reports, forms and regular submittals
by Contractor to City shall be subject to prior approval of the City, and Contractor shall submit such materials
to the City for City's approval prior to implementation. City's approval thereof shall not limit City's right to
thereafter require reasonable changes or additions to approved systems, reports, forms and regular
submittals by Contractor to City.
3.2. Standard of Care. The Work shall be performed in accordance with the professional standards
applicable to projects, buildings, or work of complexity, quality and scope comparable to the Work and the
Project. More specifically, in the performance of the professional services under this Contract, Contractor
shall provide the care and skill ordinarily used by members of its profession practicing under similar
conditions for projects of similar type, size and complexity at the same time and locality of the Project.
Work shall be performed by the Contractor, Subcontractors, and specific personnel referred to in the in the
Contract Documents in accordance with their respective degrees of participation provided and represented
to the City by the Contractor from time to time. The Contractor may add Subcontractors as it deems
necessary or appropriate in order to carry out its obligations under the Contract Documents, provided such
entity shall be suitably qualified and shall be subject to the prior approval of the City. Nothing contained in
the Contract Documents shall be construed to create any obligation or contractual liability running from the
City to any such persons or entities, including to any Subcontractors.
3.3. Notices to Proceed. Contractor shall be instructed to commence the Work by written instructions
in the form of a Purchase Order issued by the City's Procurement Department and a Notice to Proceed issued
by the Contract Administrator. At least two (2) Notices to Proceed will be issued for this Contract. Contractor
shall commence scheduling activities, permit applications and other preconstruction work within five (5)
calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to
Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to
City of all required documents, including but not limited to, Payment Bond, Performance Bond, and Insurance
Certificate(s), and after execution of the Contract by both parties.
3.4. Conditions Precedent to Notice to Proceed for Construction of the Work. The following are
conditions precedent to the issuance of a Notice to Proceed to authorize Contractor to mobilize on the Project
Site and commence with physical construction of the Work (typically, the second NTP for a Project): (1) the
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receipt of all necessary permits by Contractor; (2) City's acceptance of the Contractor's full progress schedule
in accordance with the Contract Documents, Contractor's submittal schedule, Contractor's Schedule of
Values, and list of Subcontractors; (3) Contractor's Hurricane Preparedness Plan; and (4) Contractor's
submission to the City and Consultant of any other documents required by the Contractor Documents. The
Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with
construction of the Work within twenty-one (21) calendar days of the issuance of the first Notice to Proceed.
3.5. Warranty. Contractor warrants to City that all materials and equipment furnished under this Contract
will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and
defects and in conformance with the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective. If required by
Consultant or City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. This warranty is not limited by any other provision of the Contract Documents.
3.6. Personnel Requirements.
3.6.1. The orders of City are to be given through Consultant or the Contract Administrator, which
instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during
its progress, a full-time competent English speaking Construction Superintendent and any necessary
assistants, all satisfactory to City. The Construction Superintendent shall not be changed except with the
written consent of City, unless the Construction Superintendent proves to be unsatisfactory to Contractor and
ceases to be in its employ. The Construction Superintendent shall represent Contractor and all directions
given to the Construction Superintendent shall be as binding as if given to Contractor and will be confirmed
in writing by City upon the written request of Contractor. Contractor shall give efficient supervision to the
Work, using its best skill and attention.
3.6.2. The Construction Superintendent shall be responsible for management of the Project Site and tasks,
including, but not limited to, organization and coordination of the Work of Subcontractor employees;
exercising control over rate of construction progress to assure completion of the Project within the
Project Schedule; inspecting or observing the Work to enforce conformity to the Contract Documents and
supervising trades, subcontractors, clerical staff, and other personnel employed in the construction of the
Project. On a daily basis, Contractor's Construction Superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any weather condition affected
progress of the Work; time of commencement of work for the day; the work being performed; materials, labor,
personnel, equipment and subcontractors at the Project Site; visitors to the Project Site, including
representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences
encountered; and the time of termination of work for the day. All information shall be recorded in the daily
log in ink. The daily log shall be kept on the Project Site and shall be available at all times for inspection and
copying by City and Consultant.
3.6.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined
by the Contract Administrator, during the course of the Work to review and agree upon the work performed
to date and to establish the critical path activity or Work for the next two weeks. The Consultant shall publish,
keep, and distribute minutes and any comments thereto of each such meeting.
3.6.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract
Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the
Contract Documents, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant
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will promptly review the same. Any work done after such discovery, until authorized, will be done at
Contractor's sole risk.
3.6.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
3.6.6. The Construction Superintendent must have at least five (5) years of experience in projects of similar
design, scope, size and complexity. The Project Manager must have at least five (5) years of experience in
projects of similar design, scope, size and complexity.
3.7. Subcontracts.
3.7.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a
reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor
has a reasonable objection.
3.7.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons
directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable
to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by
it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor
and City or any obligation on the part of City to pay or to see the payment of any monies due any
subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor
on account of specific work performed.
3.7.3. Contractor agrees to bind specifically every subcontractor to the terms and conditions of the Contract
Documents for the benefit of City. All of the Contractor's agreements with the Subcontractors shall contain
the following provisions (or shall incorporate the following provisions by reference) and shall state:
a. that the Subcontractor irrevocably submits itself to the original and exclusive jurisdiction and
venue in Miami -Dade County, Florida, with regard to any controversy in any way relating to the award,
execution or performance of the Contract Documents and/or such Subcontractor's agreement, and whereby
the Subcontractor agrees that service of process on it may be made to the person or entity designated in the
Subcontract;
b. that the City shall not be in privity of contract with the Subcontractor and shall not be liable
to any Subcontractor under the Contract Documents or any such subcontract, except for the payments of
amounts due to the Subcontractor under its subcontract in the event that the City exercises its rights under
any assignment of the subcontract and requests or directs the Subcontractor to perform the portion of the
Work covered by its subcontract;
C. that the City is a third -party beneficiary of the Subcontract, entitled to enforce any rights
thereunder for their respective benefits, and that, subject to the terms of the applicable Subcontract, the City
shall have the same rights and remedies vis-a-vis such Subcontractors that Contractor shall have, including
the right to be compensated for any loss, expense or damage of any nature whatsoever incurred by the City
resulting from any breach of such Subcontract by Subcontractor, any breach of representations and
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warranties, if any, implied or expressed, arising out of such agreements and any error, omission or negligence
of such Subcontractor in the performance of any of its obligations under such Subcontract;
d. that the Subcontractor shall indemnify and hold harmless the City, its officers, agents,
directors, and employees, and instrumentalities to the fullest extent permitted by Section 725.06 of the Florida
Statutes;
e. that such subcontract shall be terminable for default or convenience upon ten (10) days prior
written notice by Contractor, or, if the Subcontract has been assigned to the City, by the City or its designee;
f. that Subcontractor shall promptly notify the City (with a copy to Contractor) of any default of
Contractor under the Subcontract, whether as to payment or otherwise;
g. that Contractor and Subcontractor acknowledge that (i) they are each entering into a contract
for the construction of a public facility or public works project as contemplated in Chapter 255, Florida
Statutes, and (ii) each have no right to file a construction lien against the Work or the Project, and further
agree to include a similar requirement in any purchase order or subcontract entered into by Subcontractor;
and (iii) the payment bond provided by Contractor pursuant to this Agreement is a substitute for the right to
claim a lien on the Project, and that any claims for nonpayment shall be made against the bond in accordance
with Section 255.05, Florida Statutes.
h. that Subcontractor shall comply with all Applicable Laws (including prompt payment) and the
City requirements as set forth in the Contract Documents and maintain all files, records, accounts of
expenditures for Subcontractor's portion of the Work to the standards set forth in the Contract Documents.
i. that the City may, at reasonable times, contact Subcontractor, after notice to Contractor, to
discuss, or obtain a written report of, Subcontractor's services, with Contractor entitled to be present during
any such discussions; provided that in no event, prior to any assignment of the Subcontract to the City, shall
Subcontractor take instructions directly from the City;
j. that Subcontractor promptly disclose to the City and Contractor any defect, omission, error
or deficiency in the Contract Documents or the Work about which it has knowledge no later than ten (10)
days following discovery of such defect, omission, error or deficiency;
that Subcontractor assign all warranties directly to the City,
I. that the Contract Documents provide a limitation of remedies and NO DAMAGES FOR
DELAY as delineated in Article 10 hereof;
M. that in the event of a change in the Work the Subcontractor's Claim for adjustments in the
subcontract price shall be limited exclusively to its actual costs for such changes, plus no more than the
overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment.
n. Each subcontract shall require the Subcontractor to expressly agree that the foregoing
constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other
remedies for claim for increase in the subcontract price, damages, losses or additional compensation.
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o. Each subcontract shall require that any claims by Subcontractor for delay or additional cost
must be submitted to Contractor within the time and in the manner in which the Contractor must submit
Claims to the City, and that failure to comply with the conditions for giving notice and submitting claims shall
result in the waiver of such claims in the same manner as provided for in the Contract Documents.
3.7.4. Contractor shall perform the Work with its own forces, in an amount not less than the percentage of
the Work specified in the Invitation to Bid Summary.
3.8. Plans and Working Drawings.
3.8.1. Contractor to Check Plans, Specifications and Data. Contractor shall verify all dimensions,
quantities and details shown on the plans, specifications or other data received from Consultant, and shall
notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of
discovery. Contractor shall not be allowed to take advantage of any error, omission or discrepancy, as full
instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors,
omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or
discrepancy and failed to report it to Consultant, or unless Contractor should have recognized such error,
omission or discrepancy upon reasonable investigation.
3.8.2. Supplementary Drawings. When, in the opinion of Consultant, it becomes necessary to explain the
Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required,
supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. The
supplementary drawings shall be binding upon Contractor and shall be considered as part of the Contract
Documents. Where such supplementary drawings require either less or more than the original quantities of
work, appropriate adjustments shall be made by Change Order. In case of disagreement between the written
and graphic portions of the Contract Documents, the written portion shall govern.
3.8.3. Shop Drawings.
3.8.4.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The
purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation
requirements, details of the item and evidence of its compliance or noncompliance with the Contract
Documents.
3.8.4.2. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to
Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop
Drawings are to be submitted and shall identify the critical items. Submission of such documents is a
condition precedent to the issuance of a Notice to Proceed for construction. Approval of this list by Consultant
shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials,
equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to
expedite final approval of Shop Drawings.
3.8.4.3. After the approval of the list of items required herein, Contractor shall promptly request
Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop
drawings and other submittals in its certification.
3.8.4.4. Contractor shall thoroughly review and check the Shop Drawings and each and every
copy shall show this approval thereon.
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3.8.4.5. If the Shop Drawings show or indicate departures from the Contract requirements,
Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures
shall not relieve Contractor from its responsibility to comply with the Contract Documents,
3.8.4.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from
the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's
approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy
of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or
work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop
Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not
relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings.
3.8.4.7. No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's
responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check
them and then make one submittal to Consultant along with its comments as to compliance, noncompliance,
or features requiring special attention.
3.8.4.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink.
3.8.4.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of
Shop Drawings shall be made in the same quantity until final approval is obtained.
3.8.4.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at
the job site at all times.
3.8.4. Field Layout of the Work and Record Drawings. The entire responsibility for establishing and
maintaining line and grade in the field lies with Contractor.
3.8.5.1. Contractor shall maintain an accurate and precise record of the location and elevation of
all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall
prepare record or "as -built" drawings of the same which are sealed by a Professional Surveyor. Contractor
shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field
layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be
delivered to Consultant prior to Substantial Completion, in accordance with the Contract Documents.
3.8.5.2. Contractor shall maintain in a safe place at the Project Site one record copy of all
Drawings, Plans, Specifications, addenda, written amendments, Change Orders, Field Orders and written
interpretations and clarifications in good order and annotated to show all changes made during construction.
These record documents together with all approved samples and a counterpart of all approved Shop
Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project
and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
3.8.5.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City,
Contractor's record drawings or as -built drawings acceptable to Consultant.
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3.8.5. Art in Public Places ("AIPP") Coordination. Contractor shall coordinate the implementation of the
City's AIPP commissions and installations for the Project, if any, with all such coordination Work covered
within the Contract Price, provided, however, that the City shall separately fund the commissioning and
installations of all AIPP artworks.
3.8.6. City's Participation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR
PERFORM IN ANY WAY THE CONTRACTOR'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER
CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO
THE CONTRACTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE
CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF
CONTRACTOR'S OBLIGATIONS, A WAIVER OF CONTRACTOR'S OBLIGATIONS AND/OR EXCUSE
ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE
PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT
PRECLUDE THE CITY FROM DECLARING CONTRACTOR IN DEFAULT FOR CONTRACTOR'S
FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANYWAY, THE CITY'S RIGHTS
AND REMEDIES IN CONNECTION THEREWITH. THE CONTRACTOR EXPRESSLY ACKNOWLEDGES
AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR
OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION, ASSISTANCE AND/OR
FACILITATION IN THE PERFORMANCE OF CONTRACTOR'S OBLIGATIONS. INCLUDING, WITHOUT
LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR
OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS
SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT
DOCUMENTS, THIS SECTION SHALL GOVERN.
3.8.7. City's Information. Except for any tests or studies that the City provides as part of the ITB, any
information provided by the City to the Contractor relating to the Project and/or other conditions affecting
the Project Site, is provided only for the convenience of the Contractor and does not relieve the Contractor
of the due diligence necessary to independently verify local conditions and Site Conditions. The City makes
no representation or warranty as to, and assumes no responsibility whatsoever with respect to, the
sufficiency, completeness or accuracy of any such test, studies or other information and makes no
guarantee, either express or implied, that the conditions indicated in such information or independently
found by the Contractor as a result of any examination, exploration or testing, are representative of those
existing throughout the performance of the Work or the Project Site, and there is no guarantee against
unanticipated or undisclosed conditions.
ARTICLE 4. CONTRACT PRICE.
4.1. If the Invitation to Bid Summary or any other Contract Documents contemplate unit pricing for the
Project or any portion thereof, City shall pay to Contractor the amounts determined for the total number of
each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units
contained in this schedule is an estimate only, and final payment shall be made for the actual number of units
incorporated in or made necessary by the Work covered by the Contract Documents. Payment shall be
made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation
for all costs, including overhead and profit, associated with completion of all the Work in full conformity with
the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to
which the item is most applicable.
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4.2. If the Invitation to Bid Summary or any other Contract Documents contemplate lump sum pricing for
the Project, the Contract Price shall be the amount specified in the Contract, consisting of a base bid, and
a separate line item for the Owner's Contingency (to be used solely by the City at its sole discretion for the
purposes described in the Contract Documents). The Contract Price, exclusive of the Owner's Contingency,
shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and
profit, associated with completion of all the Work accordance with the requirements of the Contract
Documents, including all Work reasonably inferable therefrom, even if such item of Work is not specifically
or expressly identified as part of a line item in the ITB Price Form.
4.3. To the extent the Project includes both unit prices and a lump sum price, then all sections of this
Article 4 shall apply to the item of Work in question, as applicable.
4.4. No Compensation Prior to Notice to Proceed. Prior to the City's issuance of any Notice to
Proceed, Contractor shall not incur any cost to be reimbursed as part of the Project, except as the Contract
Administrator may authorize in writing.
4.5. Owner's Contingency. The Owner's Contingency shall be an amount, determined by the City,
which will be available to the City to pay for Project costs which are expressly chargeable to the City or
determined to be the City's responsibility under the Contract Documents, including, as it relates to the
Contractor, the following increased costs of the Project incurred by Contractor:
a. Express written changes in the Work made in the discretion of the City after issuance of a
Change Order or Construction Change Directive relating thereto. The decision to make such changes, and
to incur the costs that arise there from, shall be in the sole discretion of the City. No costs may be charged
to the Owner's Contingency under this subsection without express approval of City.
b. Changes to the Work if ordered by agencies having jurisdiction, provided such Work directly
results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon;
c. In the event of Excusable Delay, reasonable acceleration costs to meet milestones, if approved
by the City at its sole and absolute discretion;
d. Differing site conditions pursuant to the Contract Documents;
e. Post -hurricane or storm -related Construction Change Directives (to address matters that are in
addition to, or not covered by, the Contractor's City -approved Hurricane Preparedness Plan required by the
Contract Documents);
f. Increased Costs of the Work resulting from other actions of the City deemed to be City's
responsibility and/or compensable under the Contract Documents.
Unless Contractor secures City's written agreement that such costs are City's responsibility, documentation
of responsibility for such costs shall be submitted with the Contractor's Claim. When Contractor has reason
to anticipate that such costs may be incurred, it shall be the Contractor's responsibility, when feasible, to
provide the City with sufficient advance notice, so as to provide the City with a reasonable opportunity to
avoid such costs. Such costs shall be deemed the City's responsibility if City subsequently agrees in writing
to grant the Claim and accept such responsibility, or if the Claim is granted and responsibility assigned to
City pursuant to the dispute resolution process under the Contract Documents and all reviews thereof are
exhausted or waived by City. The Contractor has no right or entitlement whatsoever to the Owner's
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Contingency, and use of such funds are subject to the City's prior written approval and issuance of a Change
Order or Construction Change Directive by the City at its sole and absolute discretion. Any unused City
Contingency remaining at the completion of the Project shall accrue solely to the City.
ARTICLE 5. APPLICATION FOR PAYMENT.
5.1. Applications for Payment for the Work performed by Contractor shall be made monthly based upon
the percent completion of the Work for each particular month and in accordance with the Contract
Documents. The percent completion shall be based upon the updated and City -approved Project Schedule
as required by the Contract Documents Contractor's application shall show a complete breakdown of the
Project components, the quantities completed and the amount due, together with such supporting evidence
as may be required by Consultant or City. Contractor shall include, with each Application for Payment, an
updated progress schedule as required by the Contract Documents and a release of liens and consent of
surety relative to the Work which is the subject of the Application. Following submission of acceptable
supporting documentation along with each Application for Payment, City shall make payment to Contractor
after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or
withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in
accordance with Section 218.735 of the Florida Statutes.
5.2. The City shall withhold from each progress payment made to Contractor retainage in the amount of
ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work
shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of
the Work together with all costs associated with existing change orders or other additions or modifications to
the construction services provided for in the Contract Documents.
Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld
from each subsequent progress payment made to the Contractor, until Substantial Completion. Any reduction
in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and
shall otherwise be at the sole discretion of the Contract Administrator, after considering any recommendation
of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in,
retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue
to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document,
separate from monthly applications for payment.
5.3. Notwithstanding any provision hereof to the contrary, the City may withhold payments to the
Contractor in the following circumstances:
a. correction or re -execution of Work which is defective or has not been performed in accordance
with the Contract Documents and which the Contractor has failed to correct in accordance with the terms
of the Contract Documents;
b. past due payments owed to Subcontractors for which City has not been provided an
appropriate release of lien/claim (whether or not the Work in question is the subject of any dispute);
c. the City's remedies arising from any failure to perform the Contract Documents' requirements
or uncured Default of this Contract by the Contractor;
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d, damage to another contractor or third -party (including, without limitation, the property of any
resident or business in the area surrounding the Project Site) which has not been remedied or, damage to
City property which has not been remedied;
e. liquidated damages;
f. failure of Contractor to provide a Recovery Schedule in accordance with the Contract
Documents;
g. failure of Contractor to provide any and all material documents required by the Contract
Documents including, without limitation, the failure to maintain as -built drawings in a current and
acceptable state; and
h. pending or imminent Claims of the City or others including, without limitation, Claims which
are subject to Contractor's indemnity obligation under the Contract Documents, for which the Contractor
has not posted bonds or other additional security reasonably satisfactory to the City.
Except as otherwise specifically provided in the Contract Documents, in no event shall any interest be
due and payable by the City to the Contractor or any other party on any of the sums retained by the City
pursuant to any of the terms or provisions of any of the Contract Documents.
5.4. No acceptance. No progress payment made by the City to Contractor shall constitute acceptance
of any portion of the Work, any goods or materials provided under this Agreement or any portion thereof. No
partial or entire use or occupancy of the Project by the City shall constitute an acceptance of any portion of
the Work or the complete Project which is not in accordance with the Contract Documents.
5.5. Final Bill of Materials. Upon request by the City, Contractor shall be required to submit to City and
Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall
be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs
established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until
Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work.
5.6. Payment by City for Tests. Except when otherwise specified in the Contract Documents, the
expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen
by the City. For road construction projects the procedure for making tests required by Consultant will be in
conformance with the most recent edition of the State of Florida, Department of Transportation Standard
Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall
be paid for by Contractor.
5.7. Form of Application: Projected Payment Schedule. The Contractor shall make each Application
for Payment on AIA Form G702 or other form approved by the City, which incorporates the budget and the
Schedule of Values. For each line item, the Contractor shall state the approved cost, the cost to date, and
the projected total cost, and retainage held (if any), shall state that the projected total cost shall not exceed
the approved cost, as adjusted by Change Order. Each Application for Payment shall also state the actual
costs incurred by the Contractor for the payment period covered by such Application for Payment.
ARTICLE 6. PROJECT SCHEDULE AND CONTRACT TIME.
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6.1. Time for Completion. Time is of the essence throughout this Contract. Contractor shall perform the
Work so as to achieve Substantial Completion within the number of days specified for Substantial Completion
in the Invitation to Bid Summary, and the Project shall be completed and ready for final payment as set forth
herein within the number of days specified for Final Completion in the Invitation to Bid Summary, with such
Final Completion date calculated from the date certified by Consultant as the date of Substantial Completion.
6.2. Proiect Schedule; Preliminary Matters. As a condition of issuance of a Notice to Proceed for the
construction of the Work (typically, NTP2), Contractor shall submit to Consultant for Consultant's review and
acceptance:
6.2.1. A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in
"waterfall"), in the indicated form for Final review and approval, in accordance with the Project Scheduling
Format required in the Invitation to Bid Summary.
(CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC)
publication, "The Use of CPM in Construction.")
Contractor shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early
Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work
activity input, input that encompasses all submittal approvals, delivery durations for important materials
and/or equipment, and Logic relationships of activities including physical and site restraints.
The preliminary Base Line project schedule when submitted shall have attached a run of the programs
generated error report that states no errors and be acceptable to Consultant and City.
Monthly, Contractor shall submit with each Application for Payment an update of the Project Schedule with
an error report stating no errors (that does not revise the base line schedule), showing the progress for the
month ("Progress Schedule"). CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC
COPY (including a native version and a pdf). In addition to the Progress Schedule Contractor shall include a
narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities.
City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall
not constitute or be construed as City's approval of the Progress Schedule itself, or as approval of any change
to the Project Schedule. Any changes to the Project Schedule, if agreed to, shall be memorialized in a duly
executed Change Order.
It is strongly recommended that Contractor or the professional who performs scheduling have a vast
knowledge in the use of the required scheduling software specified in the Invitation to Bid Summary to
develop and update the project schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide an two (2) week look ahead
schedule for review and discussion and monthly be prepared to discuss any:
1) Proposed changes to the Base Line schedule logic;
2) Explain and provide a narrative for reasons why logic changes should be made;
3) Update to individual subcontractor activities; and
4) Integration of changes into the schedule.
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The Project Schedule shall be the basis of the Contractor's Work and shall be complied with in all respects.
6.2.2. A preliminary schedule of Shop Drawing submissions; and
6.2.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary
schedule of values for all of the Work which may include quantities and prices of items aggregating the
Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for
progress payments during construction. Such prices will include an appropriate amount of overhead and
profit applicable to each item of work which will be confirmed in writing by Contractor at the time of
submission. If requested by the City, Contractor shall provide additional breakdowns as to any line item, to
show labor, equipment, materials and overhead and profit.
6.2.4. After award but prior to the submission of the progress schedule, Consultant, Contract Administrator
and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation,
provided, however, that by facilitating Contractor's efforts to coordinate with such utilities, City is not assuming
the obligation to coordinate any necessary relocations and Contractor shall be solely responsible for such
coordination.
6.2.5. At a time specified by Consultant but before Contractor starts the work at the Project Site, a
conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator
will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals
and for processing Applications for Payment, and to establish a working understanding among the parties as
to the Work.
6.2.6. Within five (5) days from the Project Initiation Date set forth in the Notice to Proceed, a pre -
construction meeting attended by Contractor, Consultant and others, as appropriate, will be held to finalize
the schedules submitted. Within ten (10) days after the Project Initiation Date set forth in Notice to Proceed,
the Contractor shall revise the original schedule submittal to address all review comments from the CPM
review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by
Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but
such acceptance shall not constitute acceptance by City or Consultant of the means or methods of
construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on
Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full
responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to
Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of
values must be acceptable to Consultant as to form and substance.
6.3. Recovery Schedule.
6.3.1. If Contractor's Work, or any portion of the Work, becomes more than (30) days behind
schedule, if the Work on any critical path item or activity delineated in the Project Schedule is delayed for a
period which exceeds 5% of the days remaining until a completion deadline for an item in the Project
Schedule, or if the reasonably appears that the Contractor will be unable to meet the deadlines of the Project
Schedule, the City may notify Contractor of same, and in such case, the Contractor shall submit a proposed
recovery plan to regain lost schedule progress and to achieve any Project milestones, Substantial
Completion, and Final Completion in accordance with the Contract Documents ("Recovery Schedule"), after
taking into account Excusable Delays (as hereinafter defined) and permitted extensions of the Project for
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review and acceptance within seven (7) days following notification from the City, so as to ensure Contractor
makes up lost time.
6.3.2. City shall notify Contractor within five (5) business days after receipt of each Recovery
Schedule, whether the Recovery Schedule is deemed accepted or rejected. Within five (5) business days
after City's rejection of any Recovery Schedule, Contractor will resubmit a revised Recovery Schedule
incorporating City's comments. If the City accepts Contractor's Recovery Schedule, Contractor shall, within
five (5) business days after City's acceptance, incorporate and fully include the Recovery Schedule into the
Project Schedule and deliver same to City.
6.3.3. If the Contractor fails to provide an acceptable Recovery Schedule, as determined by City
in its sole discretion, that demonstrates Contractor's ability to timely follow the Project Schedule, the City
may, without prejudice to any other rights and remedies available to the City hereunder or otherwise, declare
an Event of Default or order the Contractor to employ such extraordinary measures, including acceleration
of the Work, and other measures, including substantially increasing manpower and/or necessary equipment,
as may be necessary to bring the Work into conformity with the Project Schedule.
6.4. Substantial Completion. As a condition of Substantial Completion, all of the following must occur:
6.4.1. All Work affecting the operability of the Project or safety has been completed in accordance
with the Contract Documents;
6.4.2. If applicable, all pre -commissioning activities, including alignment, balancing, lubrication and
first -fill, have been completed;
6.4.3. The Work may be operated within manufacturers' recommended limits (with all installation
instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor,
catalogs, product data sheets for all materials furnished by Contractor and similar information provided), in
compliance with Applicable Laws, and without damage to the Work or to the Project;
6.4.4. Contractor has corrected all defects, deficiencies and/or discrepancies to the entire Work as
identified by the City or the Consultant, and the Consultant confirms such corrections have been made in
writing;
6.4.5. The most recent updated set of "as -built" drawings reflecting the progress of the Work
through Substantial Completion (in native file format, such as autoCAD);
6.4.6. When Contractor believes it has achieved Substantial Completion, Contractor shall request
an inspection by the City and the Consultant, and shall provide the City with evidence supporting its
assessment of Substantial Completion, including any specific documents or information requested by the
City to assist in its evaluation thereof. Contractor shall, prior to said inspection, develop its preliminary Punch
List for input and comment by the City and the Consultant. Once the preliminary Punch List is submitted to
the City, the City and its representatives shall then schedule a walk-through of the Project with Contractor
and the Consultant. Following the walk-through, Contractor shall develop and provide City with the list of all
remaining items of Work to be completed or corrected, and which incorporates items and comments identified
or provided by the City and Consultant comments and is certified for completeness and accuracy by the
Consultant ("Substantial Completion Punch List"), provided, however, that failure to include any items on
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such Substantial Completion Punch List does not alter the responsibility of the Contractor to complete all
Work in accordance with the Contract Documents; and
6.4.7. Any and all appurtenances, utilities, transportation arteries and any other items required
under the Contract Documents and necessary to serve that portion of the Work are sufficiently completed, a
temporary certificate of completion or Certificate of Occupancy, as applicable, is issued for the Work for which
a Certificate of Substantial Completion is being sought and/or all conditions or requirements of authorities
having jurisdiction are complied with, to permit the City to utilize and occupy that portion for its intended use
in accordance with the Contract Documents without material interference from any incomplete or improperly
completed items of Work;
6.4.8. With respect to any Project for which a right-of-way permit is required from the City's Public
Works Department or which includes a final lift of asphalt as part of the Work, in no event shall Substantial
Completion occur prior to the final lift of asphalt and acceptance thereof by the agencies having jurisdiction
(including, without limitation, the City's Public Works Department).
6.5. Certificate of Substantial Completion. Any determination by the Consultant and the Contractor of
Substantial Completion shall not be binding on the City, and the ultimate determination of Substantial
Completion shall rest with the City and shall be evidenced by the City's executing and returning to the
Contractor its Certificate of Substantial Completion (or Partial Substantial Completion, as applicable).
6.5.1. When the City, on the basis of an inspection, determines that the Work or designated portion thereof
is substantially complete, and when the Contractor has complied with all other conditions precedent to
Substantial Completion provided for in the other Contract Documents, the City will then prepare a Certificate
of Substantial Completion which shall establish the Substantial Completion Date, shall state the
responsibilities of Contractor, if any, for security, maintenance, heat, utilities, damage to the Work, and
insurance, and shall fix the time within which the Contractor shall complete the items listed in the Substantial
Completion Punch List. If the City issues a Certificate of Substantial Completion on the basis of partial
completion of the Project, or upon the basis of a partial or temporary certificate of occupancy or certificate of
completion, as applicable, City may include such additional conditions, as it deems appropriate to protect its
interests pending substantial completion of the entire Project or issuance of a permanent certificate of
occupancy or certificate of completion, as applicable.
6.5.2. The City shall not unreasonably withhold or condition acceptance and execution of a Certificate of
Substantial Completion (or a Notice of Partial Substantial Completion); provided, however, the Project shall
not be deemed Substantially Complete and the City shall not execute a Certificate of Substantial Completion
until all of the criteria for achieving Substantial Completion as identified in the Contract Documents have been
satisfied, and (2) in the case of a portion of the Project, the conditions set forth this Article 6 relating to Partial
Substantial Completion shall have been satisfied.
6.6. Partial Substantial Completion. Partial Substantial Completion of the Work shall occur when the
City determines that a portion of the Work, as defined in the Contract Documents and/or otherwise by logical
boundaries, is Substantially Complete in accordance with the Contract Documents. The City may (but shall
not be obligated to) agree that a portion or component of the Work, acceptable to the City in its sole discretion,
may be certified as Substantially Complete provided that:
6.6.1. The requirements provided in this Article 6 for issuance of a Certificate of Substantial Completion
are complied with for the portion of the Work for which a Notice of Partial Substantial Completion is being
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sought;
6.6.2. Such portion and any and all appurtenances, utilities, transportation arteries and any other items
required under the Contract Documents and necessary to serve that portion of the Work are sufficiently
completed, a temporary certificate of completion or Certificate of Occupancy, as applicable, is issued for the
portion of the Work for which a Certificate of Partial Substantial Completion is being sought and/or all
conditions or requirements of authorities having jurisdiction are complied with, to permit the City to utilize and
occupy that portion for its intended use in accordance with the Contract Documents without material
interference from any incomplete or improperly completed items of Work;
6.6.3. The City is fully able to use and occupy the portion of the Work for the purposes intended and the
Contractor separates the portion of the Work which is Substantially Complete from non -complete areas of
the Project in order to prevent noise, dust and other construction disturbances which would materially
interfere with the use of such portion for its intended use in accordance with the Contract Documents and to
assure the safety of those entering, exiting and occupying the Substantially Completed portion of the Work;
6.6.4. Partial Substantial Completion shall not constitute Final Completion of the Work or Substantial
Completion of the Project, nor shall it relieve the Contractor of any responsibility for the correction of Work
(whether or not included in portion of Work Substantially Complete) or for the performance of Work not
complete at the time of Partial Substantial Completion.
6.7. Liauidated Damages.
6.7.1. Upon failure of Contractor to achieve Substantial Completion within the time period specified in the
Invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms
of the Contract Documents, Contractor shall pay to City the sum specified in the Invitation to Bid Summary
for "Liquidated Damages" for each calendar day after the time specified in the Invitation to Bid Summary for
Substantial Completion, plus any approved time extensions, for Substantial Completion. Partial Substantial
Completion shall not relieve Contractor of any responsibility for Liquidated Damages for failure to timely
achieve Substantial Completion.
6.7.2. After Substantial Completion is achieved, should Contractor fail to complete the remaining Work
within the time specified in the Invitation to Bid Summary for Final Completion, plus approved time extensions
thereof, Contractor shall pay to City the sum set forth in the Invitation to Bid Summary as "Liquidated
Damages" for each calendar day after the time specified in the Invitation to Bid Summary for Final
Completion, plus any approved extensions.
6.7.3. Contractor agrees that the Liquidated Damages set forth herein are not penalties and have been set
based on an evaluation by City of damages to City and the public caused by untimely performance. Such
damages may include loss of revenues to the City, and additional costs of administering this Agreement,
including Project staff, legal, accounting, consultants and overhead and other administrative costs.
Contractor acknowledges that the amounts established for Liquidated Damages are fair and commercially
reasonable. Contractor and City have agreed to the Liquidated Damages in order to fix Contractor's costs
and to avoid later disputes over which items are properly chargeable to Contractor as a consequence of
Contractor's delays.
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The above -stated liquidated damages shall apply separately to each portion of the Project for which a time
for completion is given. City is authorized to deduct liquidated damages from monies due to Contractor for
the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable.
Liquidated Damages shall apply, whether or not the City terminates Contractor for cause and whether or not
Surety completes the Project after a Default by Contractor.
Liquidated Damages shall apply solely to claims arising from delay in meeting any milestone for which the
right to assess Liquidated Damages is specified, including, without limitation, Substantial Completion, and
Final Completion, and shall be the City's sole remedy for delay, and are not intended to, and do not, liquidate
Contractor's liability under any other provision of the Contractor Documents for other events not specifically
referenced in this Article 6. Liquidated Damages shall not liquidate Contractor's liability under the
indemnification provisions of this Agreement.
Contractor, in addition to reimbursing City for Liquidated Damages or other damages for untimely
performance as provided herein, shall reimburse City for all costs incurred by City to repair, restore, or
complete the Work, as may be provided by the Contract Documents, including, without limitation, any
additional design fees that may be due to the Consultant related thereto. All such costs shall be deducted
from the monies otherwise due Contractor for performance of Work under this Agreement by means of
unilateral credit or deductive Change Orders issued by City.
In the event a court of competent jurisdiction determines that any Liquidated Damages amount herein is
unenforceable notwithstanding Contractor's agreement herein that such amounts are fair and reasonable,
Contractor shall not be relieved of its obligations to the City for the actual damages resulting from the failure
to timely achieve Substantial Completion or Final Completion in accordance with the requirements of the
Contract Documents. Without limiting the foregoing, City and Contractor covenant not to bring any action in
a court of competent jurisdiction that would ask the court to rule that the Liquidated Damages amounts are
not fair and reasonable.
6.8. Beneficial Occupancy. Beneficial Occupancy shall occur when the City determines that a portion
of the Work may be occupied prior to Substantial Completion. City may take Beneficial Occupancy in
accordance with the provisions of the Contract Documents.
6.8.1. Prior to the anticipated date of Beneficial Occupancy, Contractor shall separate the portion of the
Work to be occupied from non -complete areas of the Project in order to prevent noise, dust and other
construction disturbances which would materially interfere with the use of such portion for its intended use in
accordance with the Contract Documents and to assure the safety of those entering, exiting and occupying
the completed portion to be occupied.
6.8.2. Beneficial Occupancy shall not constitute Substantial Completion or Final Completion of the Work,
nor shall it relieve the Contractor of any responsibility for the correction of Work (whether or not included in
the portion of Work to be occupied) or for the performance of Work not complete at the time of Beneficial
Occupancy.
6.8.3. After Beneficial Occupancy and as conditions of Substantial Completion, the Contractor shall deliver
to the City complete as -built drawings, all approved Shop Drawings, maintenance manuals, pamphlets,
charts, parts lists and specified spare parts, operating instructions and other necessary documents required
for all installed materials, equipment, or machinery, all applicable warranties and guarantees, and the
appropriate certificate of occupancy or certificate of completion that are related to the portion of the Work
being occupied.
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6.8.4. Contractor's insurance on the unoccupied or unused portion or portions of the Project Site shall not
be canceled or lapsed on account of such Beneficial Occupancy.
6.8.5. Contractor shall be responsible to maintain all utility services to areas occupied by the City until Final
Completion.
6.9. Final Completion. Final Completion of the Project shall be deemed to have occurred if all the
following have occurred:
6.9.1. Substantial Completion of the entire Project has occurred;
6.9.2. The Work can be used and operated in accordance with Applicable Laws bearing on the performance
of the Work and applicable permits;
6.9.3. All spare parts, special tools and attic stock purchased by Contractor as part of Vendor supplies
shall have been delivered to City and clear of all Liens;
6.9.4. All items on the Substantial Completion Punch List shall have been completed by Contractor to City's
satisfaction and all final inspections have been performed;
6.9.5. Contractor has satisfied the additional conditions prescribed by the City in conjunction with a
Certificate of Substantial Completion issued on the basis of partial completion of the Project, or a partial or
temporary Certificate of Occupancy or Certificate of Completion, as applicable;
6.9.6. Contractor has delivered evidence to the City that all permits that are Contractor's responsibilities
as specified under the Contract Documents have been satisfied and closed, and that a Certificate of
Completion or Certificate of Occupancy (as applicable) has been issued by the authority having jurisdiction,
and the Project or designated portion thereof is sufficiently complete in accordance with the Contract
Documents and can be used for its intended purpose for uninterrupted operation, including, without limitation,
acceptance of completed as-builts, if required by the agency having jurisdiction.
6.9.7. Contractor shall have provided to City final releases and complete and unconditional waivers of liens
for all Work performed by Contractor and each Subcontractor or Suppliers, and a Consent of Surety to Final
Payment;
6.9.8. Contractor shall have delivered to the City a certification identifying all outstanding Claims (exclusive
of any Liens or other such encumbrances which must have been discharged) of Contractor (and of its
Subcontractors, Suppliers and any other party against Contractor) with written documentation reasonably
sufficient to support and/or substantiate such Claims;
6.9.9. Contractor shall have delivered to the City a written assignment of all warranties or guaranties which
Contractor received from Subcontractors or Suppliers to the extent Contractor is obligated to do so;
6.9.10. Contractor shall have delivered to City a complete set of as -built documents and Project Records
prepared in accordance with the Contract Documents;
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6.9.11. Contractor has delivered to City all other submittals required by the Contract Documents, including
all installation instructions, operations and maintenance manuals or instructions for equipment furnished by
Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information;
6.9.12. All rubbish and debris have been removed from the Project Site; and
6.9.13. All Construction aids, equipment and materials have been removed from the Project Site.
6.9.14. Contractor has delivered to the City all executed warranties and guarantees required by the Contract
Documents, all of which shall be in the name of the City and run to the benefit of the City;
6.9.15. If applicable, certificates of insurance indicating that any insurance required of the Contractor or
Subcontractors by the Contract Documents shall remain in full force and effect for the required period of time;
6.9.16. Any other documentation establishing payment or satisfaction of obligations, including receipts,
releases and final waivers of lien from the Contractor and all Subcontractors, to the extent and in such form
as may be reasonably required by the City;
6.9.17. Final Completion is a condition precedent to City's final payment to Contractor and issuance of the
Final Certificate for Payment. Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and
approved the final payment.
6.9.18. Waiver of Claims. The release by the City and acceptance of the final payment by Contractor
shall operate as and shall be a release to the City from all present and future Claims or liabilities, of
whatever kind or nature, arising under, relating to or in connection with this Contract for anything done
or furnished or relating to the Work or the Project, or from any act or omission of the City relating to or
connected with the Contract Documents, the Work or the Project, except those Claims or liabilities, if
any, for which the Contractor has provided the City with written notice pursuant to and in strict
compliance with the "Claims" and notice requirements set forth in the Contract Documents, and
containing a detailed reservation of rights that identifies the precise nature of the dispute, all facts in
support of Contractor's Claim, the particular scope of Work giving rise to the Claim, and the maximum amount
and/or time sought in connection with the Claim.
ARTICLE 7. INSPECTION OF WORK; CORRECTION OF
NON -CONFORMING OR DEFECTIVE WORK.
7.1. Consultant, City (and its authorized designees), and representatives of any regulatory agencies
having jurisdiction over the Project, shall at all times have access to the Work and the Project Site, and
Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. Whenever
requested, Contractor shall give the City and any inspectors or representatives appointed by the City free
access to its Work during normal working hours either at the Project Site or its shops, factories, or places of
business of Contractor and its Subcontractors and suppliers for properly inspecting materials, equipment and
Work, and shall furnish them with full information as to the progress of the Work in its various parts.
7.2. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public
authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely
notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than
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City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and,
where practicable, at the source of supply. If any of the Work should be covered up without approval or
consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored
at Contractor's expense.
7.3. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the
Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found
to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement
by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor
shall pay such cost.
7.4. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the
Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable
promptness without the written permission or instruction of Consultant.
7.5. The payment of any compensation, whatever may be its character or form, or the giving of any
gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited,
and any such act on the part of Contractor will constitute a breach of this Contract.
7.6. The Contractor shall coordinate all technical inspection and testing provided by professionals
designated by the City, the Consultant, permitting authorities, and others. The Contractor shall also schedule
the services of independent testing laboratories and provide the necessary testing of materials to ensure
conformance to the Contract Documents and provide a copy of all inspection and testing reports to the City
on the day of inspection or test. The Contractor shall provide reasonable prior notice to appropriate inspectors
before the Work is covered up, but in no event less than 24 hours before the Work is covered up. All costs
for uncovering Work not inspected and any reconstruction due to lack of reasonable prior notice shall be
borne by Contractor at its sole cost and expense. Any time billed by inspectors for inspection where the
Work is not ready to be inspected shall be at Contractor's sole cost and expense. If any members of the
Project team are to observe said inspections, tests or approvals required by the Contract Documents, they
shall be notified in writing by the Contractor of the dates and times of the inspections, tests or other approvals.
The Contractor shall schedule, direct and/or review the services of or the reports and/or findings of surveyors,
environmental consultants and testing and inspection agents engaged by the City. All Materials and
Equipment furnished by Contractor and Work performed by Contractor shall at all times be subject to
inspection and testing by City or inspectors or representatives appointed by City. If any of the Work should
be covered up without approval or consent of City's Project Coordinator, or without necessary test and
inspection, Contractor shall, if required by City's Project Coordinator or by public authorities, uncover such
Work for examination and testing, and shall re-cover same at Contractor's expense.
7.7. Defective or Non -Conforming Work.
7.7.1. Consultant and City shall have the authority to reject or disapprove work which either Consultant or
City find to be defective. If required by Consultant or City, Contractor shall promptly either correct all defective
work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories and
personnel.
7.7.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary
repairs in accordance with the requirements of the Contract Documents within the time indicated in writing
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by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make
such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such
removals, corrections or repairs, shall be paid for out of any monies due or which may become due to
Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make
all necessary repairs promptly and fully, City may declare Contractor in default.
7.7.3. If, within one (1) year after the date of Substantial Completion or such longer period of time as may
be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any
specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance
with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such
defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing
contained herein shall be construed to establish a period of limitation with respect to any other obligation
which Contractor might have under the Contract Documents including but not limited to, Contractor's
warranty obligations hereof and any claim regarding latent defects.
7.7.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such
defect is discovered, or obligate City to final acceptance.
7.8. Cleaning Up; City's Right to Clean Up. Contractor shall at all times keep the premises free from
accumulation of waste materials or rubbish caused by its operations. At the completion of the Project,
Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools,
construction equipment, machinery and surplus materials. If Contractor fails to clean up during the
prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be
charged to Contractor. If a dispute arises between Contractor and separate contractors as to their
responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible
therefore as Consultant shall determine to be just.
ARTICLE 8. SAFETY AND PROTECTION OF PROPERTY.
8.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Project. Contractor shall take all necessary precautions for the safety
of, and shall provide the necessary protection to prevent damage, injury or loss to:
8.1.1. All employees on the work site and other persons who may be affected thereby;
8.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off
the Project Site; and
8.1.3. Other property at the Project Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
8.2. Contractor shall comply with all Applicable Laws for the safety of persons or property or to protect
them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and
protection. City and Contractor shall notify owners of adjacent property and utilities when prosecution of the
work may affect them. Contractor shall be responsible for and shall remedy all damage, injury or loss to any
property, caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor, or anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor's
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duties and responsibilities for the safety and protection of the work shall continue until such time as all the
Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable
except as otherwise provided in the Contract Documents.
8.3. Contractor shall designate a responsible member of its organization at the Work site whose duty
shall be the prevention of accidents. This person shall be Contractor's Construction Superintendent, unless
otherwise designated in writing by Contractor to City.
8.4. Contractor's Responsibility for Damages and Accidents.
8.4.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever
nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause
whatsoever.
8.4.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project.
In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final
acceptance by City, Contractor shall replace same without cost to City.
8.5. Occupational Health and Safety.
8.5.1. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of
the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety
Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following
information:
a. The chemical name and the common name of the toxic substance.
b. The hazards or other risks in the use of the toxic substance, including:
The potential for fire, explosion, corrosion, and reaction;
The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance; and
iii. The primary routes of entry and symptoms of overexposure.
c. The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of overexposure.
d. The emergency procedure for spills, fire, disposal, and first aid.
e. A description in lay terms of the known specific potential health risks posed by the toxic
substance intended to alert any person reading this information.
The year and month, if available, that the information was compiled and the name, address, and emergency
telephone number of the manufacturer responsible for preparing the information.
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8.6. Hurricane and Tropical Storm Precautions.
8.6.1. During such periods of time as are designated by the United States Weather Bureau as being a
hurricane warning or tropical storm alert, the Contractor, at no cost to the City, shall take all precautions
necessary to secure the Project Site in response to all threatened storm events, regardless of whether the
City or Consultant has given notice of same.
8.6.2. Contractor's Hurricane Preparedness Plan shall, at a minimum, include the following: (1) monitoring
of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement
weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to
minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all
project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for
emergency purposes only; (3) ensuring the project jobsite's equipment and buildings are protected,
identifying vulnerable work in progress and determining how to best protect it from damage, and capping all
incomplete piping to prevent sand filtration; (4) cleaning the entire project, inside and out, removing trash
from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment
control devices are in place and meet adequate standards, and removing screening on fences and signs; (5)
arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment,
anchoring or restraining everything that could blow away, and removing all non -essential barricades; and (6)
the documenting of conditions of the project and the surrounding area before and after the incident
(photographs and video).
8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by
Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan
shall not constitute additional Work.
8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning
or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract
Documents.
8.6.5. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the
City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
8.6.6. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed,
Contractor shall submit to the City a Hurricane Preparedness Plan.
8.7. Location and Damaqe to Existing Facilities, Equipment or Utilities.
8.7.1. As far as possible, all existing utility lines in the Project area have been shown on the plans.
However, City does not guarantee that all lines are shown, or that, the ones indicated are in their true location.
As part of the Contract Price, it shall be the Contractor's responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project, whether or not shown on the
plans.
8.7.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of
construction to arrange for positive underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction. Relocation of water mains or other
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utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies
for temporary support of its utilities shall be paid for by the Contractor (for utilities indicated in the Contract
Documents). All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility
company involved, if indicated in the Contract Documents. No additional payment will be made to the
Contractor for utility relocations indicated in the Contract Documents, whether or not said relocation is
necessary to avoid conflict with other lines.
8.7.3. If Contractor, as part of its responsibility to identify all utility lines, identifies utility conflicts which
materially differ from those indicated in the Contract Documents, such utility conflicts (for items not indicated
in the Contract Documents) shall be addressed pursuant to the requirements of "Differing Site Conditions"
as set forth in Article 10 shall apply.
8.7.4. The Contractor shall reasonably schedule the Work, and the phasing thereof, in such a manner so
that the overall Project Schedule is not impacted and completion of the Work is not delayed by the utility
providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor
for any loss of time or delay, except as provided in Article 10 of the Contract Documents.
8.7.5. All overhead, surface or underground structures and utilities encountered are to be carefully
protected from injury or displacement. All damage to such structures is to be completely repaired within a
reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage
by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by
the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced
or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling.
8.8. Risk of Loss. The risk of loss to any of the Work and to any goods, materials and equipment
provided or to be provided under the Contract Documents, shall remain with the Contractor until
Substantial Completion. Should any of the Work, or any such goods, materials and equipment, be
destroyed, mutilated, defaced or otherwise damaged prior to the time the risk of loss has shifted to the
City, the Contractor shall repair or replace the same at its sole cost. The Performance Bond and Payment
Bond or other security or insurance protection required by the Contract Documents or otherwise provided
by the City or the Contractor shall in no way limit the responsibility of the Contractor under this Section.
ARTICLE 9. BONDS, INSURANCE AND INDEMNITY.
9.1. Performance Bond and Payment Bond: The Contractor shall, within ten (10) business days of the
Contract Date, furnish and deliver to the City a payment bond and a performance bond, in a form to be
provided by the City, issued by sureties licensed and authorized to do business in the State of Florida,
covering the faithful performance and completion of the Project pursuant to the Contract Documents,
including the performance and completion of those services provided by Subcontractors of any tier and
covering the payment of all obligations arising hereunder including but not limited to, the payment for all
materials used in the performance of the Project in accordance with the Contract Documents, and for all labor
and services performed under the Contract Documents (including materials, labor and/or services provided
by Subconsultants and Subcontractors of any tier), whether by Subcontractors or otherwise. Each of the
aforesaid bonds (collectively herein referred to as the "Performance Bond and Payment Bond") shall have a
penal amount equal to the Contract Price, unless otherwise approved by the City and to the extent permitted
by law. Each bond shall be increased in the amount of any change to the Contract Price. Each bond shall
continue in effect for one (1) year after Final Completion of the Work.
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The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet all the
requirements set forth in the Contract Documents and the Performance Bond and Payment Bond shall each
be in the form attached hereto or shall otherwise be acceptable to the City in its reasonable discretion. If any
of the sureties on the Performance Bond and Payment Bond at any time fails to meet said requirements, or
is deemed to be insufficient security for the penalty of said bond, then the City may, on giving thirty (30) days'
notice thereof in writing, require the Contractor to furnish a new and/or additional bond(s) in the above
amounts with such sureties thereon being licensed and authorized to do business in the State of Florida and
as shall be satisfactory to the City. The Contractor shall pay all costs of compliance with this Article as part
of the Contract Price.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to
time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of
Miami -Dade County and provide City with evidence of such recording.
9.2. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may
furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's
check or unconditional letter of credit in the form attached hereto, which shall be in accordance with Section
255.05, Florida Statutes. Such alternate forms of security shall be subject to the prior approval of City and
for same purpose and shall be subject to the same conditions as those applicable above and shall be held
by City for one year after completion and acceptance of the Work.
9.3. Qualification of Surety: Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
9.3.1. Each bond must be executed by a surety company of recognized standing, authorized to do business
in the State of Florida as surety, having a resident agent in the State of Florida and having been in business
with a record of successful continuous operation for at least five (5) years.
9.3.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds
in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of
the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of
the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised
September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide
City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner.
9.3.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2
million, provided, however, that if any surety company appears on the watch list that is published quarterly
by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or
reject the surety company based on the financial information available to the City. A surety company that is
rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the
City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters
for bonds:
Policy- Financial
holder's Size
Amount of Bond Ratinqs Category
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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 VI
9.3.4. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment
Bond from a surety company which has twice the minimum surplus and capital required by the Florida
Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance
with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate
of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31
of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying
should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond.
9.3.5. Unless more stringent surety requirements of any grantor agency are set forth within the
Supplemental Conditions, the provisions of this Article shall apply.
9.4. Insurance Requirements. The Bidder shall furnish to the Procurement Department, City of Miami
Beach, 1755 Meridian Avenue, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that
insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid
Summary (and/or exhibits thereto).
9.4.1. Additional Insured Status. The City of Miami Beach must be covered as an additional insured
with respect to liability arising out of work or operations performed by or on behalf of the Consultant.
9.4.2. Waiver of Subrogation. Contractor hereby grants to City of Miami Beach a waiver of any right to
subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of
the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the
City of Miami Beach has received a waiver of subrogation endorsement from the insurer.
9.4.3. Other Insurance Provisions.
For any claims related to this project, the Contractor's coverage shall be primary insurance as
respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any
insurance or self-insurance maintained by the City of Miami Beach shall be excess of the
Contractor's insurance and shall not contribute with it.
Each policy required by this clause shall provide that coverage shall not be canceled, except
with notice to the City of Miami Beach.
If any excavation work is included in the Contract, it is understood and agreed that Contractor's
Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground)
coverage.
If any coverage required is written on a claims -made form:
a. The retroactive date must be shown, and must be before the date of the contract or the
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beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy
form with a retroactive date prior to the contract effective date, the Contractor must purchase
extended period coverage for a minimum of five (5) years after completion of the contract work.
d. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk
Management (or its designee) for review.
If the services involved lead -based paint or asbestos identification/ remediation, the
Contractors Pollution Liability shall not contain lead -based paint or asbestos exclusions. If the
services involve mold identification/remediation, the Contractors Pollution Liability shall not
contain a mold exclusion and the definition of "Pollution" shall include microbial matter
including mold.
9.4.4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office.
9.4.5. Verification of Coverage. Contractor shall provide the required insurance certificates,
endorsements or applicable policy language effecting coverage required by this Article. All certificates of
insurance and endorsements are to be received prior to any work commencing. However, failure to obtain
the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide
them. The City of Miami Beach reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
9.4.6. Special Risks or Circumstances. The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
Certificate Holder:
CITY OF MIAMI BEACH
c/o PROCUREMENT DEPARTMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under
this section or under any other provision of the Contract Documents.
9.5. Indemnification.
9.5.1. In consideration of the sum of Twenty -Five Dollars ($25.00) and other good and valuable
consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted
by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and
employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's
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fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor
and persons employed or utilized by Contractor in the performance of this Contract.
9.5.2. Sums otherwise due to Contractor under this Contract may be retained by City until all of City's
Claims for indemnification under this Contract have been settled or otherwise resolved. Any amount withheld
pursuant to this Article shall not be subject to payment of interest by City.
9.5.3. The execution of this Contract by Contractor shall operate as an express acknowledgment that the
indemnification obligation is part of the bid documents and/or Contract Documents for the Project and the
monetary limitation on indemnification in this Article bears a reasonable commercial relationship to the
Contract.
9.5.4. Nothing in this Artilce is intended, or should be construed, to negate, abridge or otherwise reduce
the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article.
9.5.5. Nothing in this Article is intended to create in the public or any member thereof, a third party
beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain a suit for personal
injuries or property damage pursuant to the terms or provisions of this Contract.
9.5.6. The indemnification obligations set forth herein shall survive the termination and/or expiration of this
Contract.
ARTICLE 10. CHANGES IN THE WORK;
EXTENSIONS TO THE CONTRACT TIME.
10.1. Changes in the Work or Terms of Contract Documents.
10.1.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the
right, from time to time to make such increases, decreases or other changes in the character or quantity of
the Work as may be considered necessary or desirable to complete fully and acceptably the proposed
construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be
accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders.
10.1.2. Any changes to the terms of the Contract Documents must be contained in a Change Order,
executed by the Parties hereto, with the same formality and of equal dignity prior to the initiation of any work
reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City
as hereinafter provided.
10.2. Field Orders.
10.2.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field
Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor
changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract
Time.
10.2.2. Consultant shall have the right to approve and issue supplemental instructions setting forth written
orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such
supplemental instructions involve no change in the Contract Price or the Contract Time.
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10.3. Change Orders.
10.3.1. Changes in the quantity or character of the Work which are not properly the subject of Field Orders
or supplemental instructions, including all changes resulting in changes in the Contract Price, or the Contract
Time, shall only be authorized only by Change Orders approved in advance by the City. Changes in the
Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall
proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. No
Change Order shall take effect until Contractor delivers a Consent of Surety increasing the Performance
Bond and Payment Bond by the amount of the Change Order.
10.3.2. All Change Orders which exceed the then -remaining amounts available in the Owner's Contingency
shall be approved by the City Commission. All other Change Orders, if funded by then -remaining amounts
available in the Owner's Contingency, shall be approved in advance by the City Manager or the City
Manager's designee. Notwithstanding the foregoing, the City Manager, at his or her sole discretion, may
elect to present any proposed Change Order to the City Commission for its consideration.
10.3.3. If City requests a change in the Work, City shall submit a change request to Contractor, in writing.
Within seven (7) business days of Contractor's receipt of such request from the City, Contractor shall
provide City with a rough "pencil copy" estimate of the cost and/or time impacts associated with the request.
Within twenty-one (21) days of Contractor's receipt of City's initial request, the Contractor shall submit a
detailed proposal to the City stating (i) the proposed increase or decrease, if any, in the Cost of the Work
which would result from such a change, (ii) the effect, if any, upon the Contract Time by reason of such
proposed change, and (iii) supporting data and documentation, including any requested by the City in its
change request.
10.3.4. If the Contractor proposes a change in the Work, such proposal must be accompanied by a
detailed cost breakdown and sufficient substantiating data to permit evaluation by the City. If the Contractor
does submit a proposal within the preceding seven (7) business day time period, the City shall, within
twenty-one (21) days following its receipt of such proposal, notify the Contractor as to whether the City
agrees with such proposal and wishes to accept the Contractor's proposal. If the City agrees with such
proposal and wishes to accept the same, the City and the Contractor shall execute a Change Order which
at a minimum specifies: i) the detailed scope associated with the change to the Work; ii) the amount of the
adjustment in the Contract Price, if any, and (iii) the extent of the adjustment in the Contract Time, if any.
In the event the City disagrees with the Contractor's proposal, the City may either (i) notify the Contractor
that the City has decided to not proceed with or approve the requested change, or (ii) issue a Change
Order as provided below.
10.3.5. The increase or decrease in the Contract Price resulting from a change in the Work shall be
determined in one or more of the following ways:
a, by mutual acceptance of a lump sum (inclusive of all overhead and profit) properly itemized
and supported by sufficient substantiating data to permit evaluation by the Consultant and City;
by unit prices as may be specified in the Contract Documents or subsequently agreed upon;
C. by time and materials or "cost of the Work" (as defined herein) and a mutually acceptable
fixed or percentage overhead and profit fee for the Contractor.
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10.3.6. If none of the methods set forth above are agreed upon, the Contractor, provided it receives a written
Change Order signed by the City with respect to all undisputed amounts and Work, shall promptly proceed
with the Work involved, subject to Contractor's reservation of rights as to disputed amounts (with such
reservation of rights identifying the precise nature of the dispute, the facts in support of the Contractor's
position, and the maximum amount and/or time sought by the Contractor). The cost of such Work shall then
be determined on the basis of the reasonable expenditures and savings of those performing the Work
attributed to the change, including a reasonable overhead and profit in accordance with this Article. With
respect to any such Change Order Work, the City, with the Consultant, will establish an estimated cost of the
Work and the Contractor shall not perform any Work whose cost exceeds that estimate without prior written
approval by the City. With respect to all Change Orders, Contractor shall keep and present, in such form as
the City may prescribe, an itemized accounting together with appropriate supporting data of the increase in
the Cost of the Work.
10.3.7. If unit prices are included in the Contract Documents or as part of any Change Order, City shall pay
to Contractor the amounts determined for the total number of each of the units of work completed at the unit
price associated with such Work as stated in the Contractor's schedule of prices bid, as set forth in
Contractor's response to the ITB. The number of units contained in the bid is an estimate only, and final
payment shall be made for the actual number of units incorporated in or made necessary by the Contract
Documents, as may be amended by Change Order. If additional unit price work is ordered, then the
Contractor shall perform the work as directed and shall be paid for the actual quantity of such item(s) of work
performed at the appropriate original schedule of prices bid associated with such Work.
10.3.8. Decreases in the Cost of the Work due to a change in the Project shall result in a decrease to the
Contract Price, by way of a deductive Change Order.
10.3.9. The Contractor's overhead and profit fee for all Change Orders shall be the net change in the
Contract Price, multiplied by the percentage specified for overhead and profit in the Change Order, provided,
that the overhead and profit markup or fee shall be as follows:
(1) if the Change Order Work involves self -performed Work performed by the Contractor's own
forces, the overhead and profit markup shall be reasonable, and shall not exceed ten percent (10%) of the
net change in the Contract Price; or
(2) if the Change Order involves Work performed by Subcontractors or Suppliers, or both, the
overhead and profit markup shall be reasonable, and the overhead and profit markup from Subcontractors
and Suppliers at all tiers shall not exceed ten percent 10% of the net change in the Contract Price, and the
Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one
half percent (7.5%) of the net change in the Contract Price.
For deductive Change Orders, including deductive Change Orders arising from both additive and deductive
items, the deductive amounts shall include a proportionate corresponding reduction in the overhead and profit
fee, as applicable to the Contractor, Subcontractors or Suppliers.
10.4. Value of Change Order Work/"Costs of the Work". The term "cost of the Work" means the sum
of:
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10.4.1. All direct costs necessarily incurred and paid by Contractor in the proper performance of the Work
described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be
in amounts no higher than those prevailing in the locality of the Project, shall include only the following items
and shall not include any of the costs itemized in the "cost of work" as defined herein.
10.4.2. Payroll costs for employees in the direct employ of Contractor in the performance of the work
described in the Change Order under schedules of job classifications agreed upon by City and Contractor.
Payroll costs for employees not employed full time on the work covered by the Change Order shall be
apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall include social security contributions,
unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement
benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of performing the work after regular working hours,
on Sunday or legal holidays, shall be included in the above to the extent authorized by City. Contractor's fee
shall not exceed ten percent (10%).
10.4.3. Cost of all materials and equipment furnished and incorporated in the work, including costs of
transportation and storage thereof, and manufacturers' field services required in connection therewith. All
cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make
payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds,
and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make
provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts
thereof whether rented from Contractor or others in accordance with rental agreements approved by City with
the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and
removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment,
machinery or parts shall cease when the use thereof is no longer necessary for the work. Contractor's fee for
overhead and profit markup for materials and equipment pursuant to this Section shall not exceed ten percent
(10%) of the net change in the Contract Price.
10.4.4. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required
by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall
deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted.
If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee,
the Subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the
work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as
applicable. Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead
and profit shall not exceed ten percent (10%).
10.4.5. Contractor shall not be entitled to an overhead and profit markup or fee for any Change Order
involving special consultants, including, but not limited to, engineers, architects, testing laboratories, and
surveyors employed for services specifically related to the performance of the work described in the Change
Order.
10.4.6. Contractor shall not be entitled to an overhead and profit markup or fee for the following costs or
expenses:
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a. The proportion of necessary transportation, travel and subsistence expenses of Contractor's
employees incurred in discharge of duties connected with the work except for local travel to and
from the site of the work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by
the workmen, which are consumed in the performance of the work, and cost less market value
of such items used but not consumed which remains the property of Contractor.
c. Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by
any governmental authority.
d. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for
permits and licenses.
e. The cost of utilities, fuel and sanitary facilities at the Project Site.
Receipted minor expenses such as long distance telephone calls, telephone service at the site,
express delivery services (FedEx, UPS or couriers, and the like), internet or other
telecommunications services, and similar petty cash items in connection with the Work.
g. Cost of premiums for additional bonds and insurance required because of changes in the Work.
10.4.7. The term "cost of the Work" shall not include any of the following items, as such items are expressly
not to be reimbursed:
Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators,
lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by Contractor whether at the site or in its principal or a
branch office for general administration of the work and not specifically included in the agreed -
upon schedule of job classifications, all of which are to be considered administrative costs
covered by Contractor's fee.
b. Expenses of Contractor's principal and branch offices other than Contractor's office at the Project
Site.
c. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for
the work and charges against Contractor for delinquent payments.
d. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the
Contract Documents to purchase and maintain the same, except for additional bonds and
insurance required because of changes in the Work.
Losses and expenses sustained by the Contractor or any Subcontractors at any tier, not
compensated by insurance or otherwise, if such losses and expenses are due to infidelity on the
part of any employee of Contractor, any Subcontractor or Supplier, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, or others to
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whom the property may be entrusted, including but not limited to, the correction of defective
work, disposal of materials or equipment wrongly supplied and making good any damage to
property.
f. Other overhead or general expense costs of any kind and the cost of any item not specifically
and expressly approved by the City Manager or City Commission by a Change Order.
g. Losses and expenses not covered by insurance where the Contractor, or any Subcontractor,
failed to obtain and/or maintain in effect the insurance required to be carried by the Contract
Documents, or where Contractor, or any Subcontractor or Supplier, failed to obtain and/or
maintain such insurance in limits and amounts required by the Contract Documents except to
the extent any deductible provided in such required insurance;
h. Costs and expenses incurred by Contractor upon breach of its warranties or guaranties;
i. Costs associated with the relocation of employees, and any travel costs not expressly permitted
by the Contract Documents (including costs for long-distance travel, costs for travel between the
Project Site and the Contractor's office(s), and hotel, car rental and airfare costs);
j. Any amounts to be paid by the Contractor for federal, state or local income or franchise taxes;
k. Labor, material, and equipment costs or any other costs incurred which should be back -charged
to any Subcontractor, any Sub -Subcontractor, any direct or lower tier supplier, or any other party
for whom the Contractor is responsible;
I. Costs or losses resulting from lost, damaged by misuse or stolen tools and equipment;
m. Costs of bonding or securing liens or defending claims filed by any Subcontractor of any tier, any
Supplier, any direct or lower tier supplier or any other party for whom any of such parties or the
Contractor is responsible arising from nonpayment, unless such nonpayment is the result of the
City's unexcused or wrongful failure to pay the Contractor undisputed amounts as and when due
under the Contract Documents;
Costs of self -insured losses (e.g., losses within the deductible limits maintained by the Contractor
or any direct or indirect subcontractor), costs covered by any insurance carried by Contractor or
a direct or lower tier subcontractor, costs which would have been covered by the insurance
required to be carried by a Contractor or a direct or lower tier subcontractor under the Contract
Documents, and costs which would have been covered by insurance but for failure of the
Contractor or direct or lower tier subcontractor to properly submit, process or give notice to the
occurrence or claim;
o. Costs of employee bonuses and executive bonuses whether or not based in whole or in part on
performance related to the Work;
Costs incurred or paid for recruiting employees (whether to third party recruiters or to
employees);
q. Severance or similar payments on account of terminated employees;
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r. Costs incurred after the Contractor's application for final payment;
s. Any outside legal fees;
t. Costs of materials and equipment stored off -site, except upon the prior written approval of the
Contract Administrator in accordance with the Contract Documents.
10.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net
decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved
in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any,
however, Contractor shall not be entitled to claim lost profits for any Work not performed.
10.6. Whenever the cost of any work is to be determined as defined herein, Contractor will submit in a
form acceptable to Consultant an itemized cost breakdown together with the supporting data.
10.7. Where the quantity of any item of the Work that is covered by a unit price is increased by more than
thirty percent (30%) from the quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
10.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the
amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable
to Consultant and Contract Administrator.
10.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of
cost.
10.8.2. Whenever a Change Order involves Contractor and one or more Subcontractors, and the Change
Order increases in the Contract Price, the overhead and profit markups for Contractor and each
Subcontractor in accordance with this Article shall be itemized separately.
10.8.3. Each Change Order must state within the body of the Change Order whether it is based upon unit
price, negotiated lump sum, or "cost of the work."
10.9. No Damages for Delay. NO CLAIM FOR DAMAGES OR ANY CLAIM, OTHER THAN FOR AN
EXTENSION OF TIME, SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS
EXCEPT AS PROVIDED HEREIN. Contractor shall not be entitled to an increase in the Contract Price or
payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs,
expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of
delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; and irrespective of whether such delay constitutes an Excusable Delay and irrespective of
whether such delay results in an extension of the Contract Time; provided, however, Contractor's hindrances
or delays are not due solely to fraud, bad faith or willful or intentional interference by the City in the
performance of the Work, and then only where such acts continue after Contractor's written notice to the City
of such alleged interference.
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10.9.1. Contractor acknowledges and agrees that Excusable Delay shall not be deemed to constitute willful
or intentional interference with the Contractor's performance of the Work without clear and convincing proof
that they were the result of a deliberate act, without any reasonable and good -faith basis, and were
specifically intended to disrupt the Contractor's performance of the Work. The City's attempts to facilitate or
assist Contractor in performance of the Work shall in no way be construed, interpreted and/or be deemed to
constitute willful or intentional interference with the Contractor's performance of the Work.
Except as provided herein, Contractor hereby waives all other remedies at law or in equity that it might
otherwise have against the City on account of any Excusable Delay and any and all other events that may,
from time to time, delay the Contractor in the performance of the Work. Contractor acknowledges and agrees
that, except as specified herein, all delays or events and their potential impacts on the performance by the
Contractor are specifically contemplated and acknowledged by the Parties in entering into this Agreement
and that Contractor's pricing of the Work and the determination of the Contract Price shall be expressly based
on the Contractor's assumption of the risks thereof, and Contractor hereby waives any and all Claims it might
have for any of the foregoing losses, costs, damages and expenses.
10.10. Excusable Delay. Contractor's sole remedy for Excusable Delay is an extension of the Contract
Time for each day of critical path delay, but only if the pre -requisites and notice requirements set forth below
in this Article 10 have been timely and properly satisfied. An excusable delay is one that (i) directly impacts
critical path activity delineated in the Project Schedule and extends the time for completion of the Work; (ii)
could not reasonably have been mitigated by Contractor, including by re -sequencing, reallocating or
redeploying and/or increasing the amount of its forces to other portions of the Work; and (iii) is caused by
circumstances beyond the control and due to no fault of Contractor or its Subcontractors, material persons,
Suppliers, or Vendors, including, but not limited to, force majeure events such as fires, floods, labor disputes,
epidemics, hurricanes, or similar events beyond the control and due to no fault of the Contractor ("Excusable
Delay"). If two or more separate events of Excusable Delay are concurrent with each other, Contractor shall
only be entitled to an extension of time for each day of such concurrent critical path delay, and Contractor
shall not be entitled to double recovery thereon. For illustration purposes only, if two events of Excusable
Delay are concurrent for two days, Contractor shall only receive a time extension of a total of two days, and
not four days.
10.10.1. Weather. Extensions to the Contract Time for delays caused by the effects of inclement weather
shall be submitted as a request for a change in the Contract Time pursuant to the Contract Documents.
These time extensions are justified only when rains or other inclement weather conditions prevent Contractor
from productively performing critical path activity delineated in the Project Schedule:
(1) Contractor being unable to work at least fifty percent (50%) of the normal workday on critical
path activity delineated in the Project Schedule due to adverse weather conditions; or
(2) Contractor must make major repairs to the Work damaged by weather. Providing the
damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor
was unable to work at least fifty percent (50%) of the normal workday on critical path activity delineated in
the Project Schedule.
10.10.2. Compensable Excusable Delay. Notwithstanding the foregoing, Excusable Delay is
compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the
control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad
faith or active interference on the part of City or its agents, provided, however, that in no event shall Contractor
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be compensated for (x) interim delays which do not extend the Contract Time, or (y) for Excusable Delay if
caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or
Consultant, in which case then Contractor shall be entitled only to a time extension and no further
compensation for the Excusable Delay.
10.10.3. Unexcusable Delays. "Unexcusable Delay" shall mean any delays not included within the
definition of Excusable Delay as set forth above including any delay which extends the completion of the
Work or portion of the Work beyond the time specified in the Project Schedule, including, without limitation,
the date for Substantial Completion or Final Completion, and which is caused by the act, fault, inaction or
omission of the Contractor or any Subcontractor, Supplier or other party for whom the Contractor is
responsible; any delay that could have been limited or avoided by Contractor's timely notice to the City of
such delay; or any delay in obtaining licenses, permits or inspections caused by the actions or omissions of
the Contractor or its Subcontractors, Suppliers or any other party for whom the Contractor is responsible An
Unexcusable Delay shall not be cause for granting an extension of time to complete any Work or any
compensation whatsoever, and shall subject the Contractor to damages in accordance with the Contract
Documents. In no event shall the Contractor be excused for interim delays which do not extend the Project
Schedule, including the date for Substantial Completion or Final Completion.
10.11. Prerequisites and Notice Requirements for Extensions of Time. Except as provided in the
Contract Documents with respect to Changes in the Work, an extension of the Contract Time will only be
granted by the City under the following circumstances: (a) if a delay occurs as a result of an Excusable Delay,
and (b) the Contractor has complied with each of the following requirements below to the reasonable
satisfaction of the City:
a. Contractor shall provide written notice to the City of any event of delay or potential delay within
five (5) days of the commencement of the event giving rise to the request. The Contractor, within ten (10)
days of the date upon which the Contractor has knowledge of the delay, shall notify the City, in writing, of the
cause of the delay stating the approximate number of days the Contractor expects to be delayed, and must
make a request for an extension of time, if applicable, to the City, in writing, within ten (10) days after the
cessation of the event causing the delay specifying the number of days the Contractor believes that its
activities were in fact delayed by the cause(s) described in its initial notice.
b. The Contractor must show to the reasonable satisfaction of the City that the activity claimed to
have been delayed was in fact delayed by the stated cause of delay, that the critical path of the Work was
materially affected by the delay, that the delay in such activity was not concurrent with any Unexcusable
Delay, the delay was not the result of the performance of unit price Work, and that the delay in such activity
will result in a delay of the date for Substantial Completion in the Project Schedule or Final Completion.
c. The initial notice provided by the Contractor under Subsection (a) above shall provide an
estimated number of days the Contractor believes it will be delayed, and describe the efforts of the Contractor
that have been or are going to be undertaken to overcome or remove the Excusable Delay and to minimize
the potential adverse effect on the cost and time for performance of the Work resulting from such Excusable
Delay. The mere written notice of an event of delay or potential delay, without all of the aforementioned
required information, is insufficient and will not toll the time period in which the Contractor must provide proper
written notice under this Article.
CONTRACTOR'S STRICT COMPLIANCE WITH THIS ARTICLE 10 IS A CONDITION PRECEDENT TO
RECEIPT OF AN EXTENSION OF THE CONTRACT TIME. FAILURE OF THE CONTRACTOR TO
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COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY, INCLUDING THE
REQUIREMENTS OF THIS SECTION, SHALL BE DEEMED CONCLUSIVELY TO CONSTITUTE A
WAIVER, ABANDONMENT OR RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF
TIME AND ALL CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY. Once
the Parties have mutually agreed as to the adjustment in the Contract Time due to an Excusable Delay, they
shall enter into a Change Order documenting the same.
If the City and Contractor cannot resolve a request for time extension made properly and timely under this
Section within sixty (60) days following Contractor's initial notice of the events giving rise to the request for
a time extension, the Contractor may re -submit the request as a Claim in accordance with the Contract
Documents.
10.12. Contractor's Duty. Notwithstanding the provisions of this Agreement allowing the Contractor to
claim delay due to Excusable Delay, whenever an Excusable Delay shall occur, the Contractor shall use all
reasonable efforts to overcome or remove any such Excusable Delay, and shall provide the City with written
notice of the Contractor's recommendations on how best to minimize any adverse effect on the time and cost
of performing the Work resulting from such Excusable Delay. In furtherance of the foregoing, whenever there
shall be any Excusable Delay, the Contractor shall use all reasonable efforts to adjust the Project scheduling
and the sequencing and timing of the performance of the Work in a manner that will avoid, to the extent
reasonably practicable, any Excusable Delay giving rise to an actual extension in the time for performance
of the Work.
If there are corresponding costs associated with any of the measures which the Contractor deems necessary
or desirable to minimize any adverse effects resulting from any Excusable Delay, the Contractor shall advise
the City of such anticipated associated costs and shall not proceed with such measures absent the City's
executing a Change Order in connection therewith. Nothing in this Section shall, however, be deemed to
entitle the Contractor to any adjustment in the Contract Price or any other damages, losses or expenses
resulting from an Excusable Delay; nor shall it be deemed to obligate the City to agree to undertake any
recommendations suggested by the Contractor as a means of minimizing the adverse effects of any
Excusable Delay.
10.13. Differing Site Conditions. In the event that during the course of the Work Contractor encounters
subsurface or concealed conditions at the Project Site which could not have reasonably been identified by
Contractor upon prior investigation, and materially differ from those indicated in the Contract Documents, or
if unknown physical conditions of an unusual nature are encountered on the Project Site and differ materially
from those ordinarily encountered and generally recognized as inherent in work of the character called for in
the Contract Documents, then Contractor shall promptly notify the City within two (2) business days of the
specific materially differing site conditions, before the Contractor disturbs the conditions or performs the
affected Work.
10.13.1. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice,
investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do
materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the
performance of any part of the Work, Consultant shall recommend an equitable adjustment to the Contract
Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract
Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with
the provisions of Contract Documents. Should Consultant determine that the conditions of the Project Site
are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City
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and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the
parties hereto.
10.13.2. An adjustment for differing site conditions shall not be allowed, and any Claim relating thereto
shall be deemed conclusively waived, if the Contractor has not provided the required written notice within two
(2) business days of discovery of the site conditions, or has disturbed the site conditions prior to City's
examination thereof. If a differing site condition qualifies for an equitable adjustment pursuant to the Contract
Documents, and the Contractor's costs cannot reasonably be established at the time of notice to the City
thereof, the Contractor shall submit its proposed pricing and/or request for extension of time within ten (10)
days after the proposed solution is identified to the differing site condition described in the Contractor's initial
notice to the City.
10.13.3. For purposes of this Section, a "materially differing" site condition is one that (1) is not identified
in the Contract Documents and is not reasonably inferable therefrom; and (2) could not have reasonably
been identified by Contractor upon prior investigation, provided Contractor reasonably undertook such prior
site investigation; and (3) requires a change to the Work that increases Contractor's costs and/or impacts the
critical path for completion of the Work.
10.13.4. Where Site Conditions delay the Project, and said delay could have been avoided by reasonable
investigations of the Project Site at any time prior to commencement of the Work in question, such delay shall
not be considered to be an Excusable Delay beyond the control of the Contractor, and no time extension
shall be granted. No request for an equitable adjustment or change to the Contract Time for differing Site
Conditions shall be allowed if made after the date certified as the Substantial Completion date.
ARTICLE 11. CLAIMS AND RESOLUTION OF DISPUTES.
11.1 Claims must be initiated by written notice and, unless otherwise specified in the Contract Documents,
submitted to the other Party within ten (10) days of the event giving rise to such Claim or within ten (10) days
after the claimant reasonably should have recognized the event or condition giving rise to the Claim,
whichever is later. Such Claim shall include sufficient information to advise the other party of the
circumstances giving rise to the Claim, the specific contractual adjustment or relief requested including,
without limitation, the amounts and number of days of delay sought, and the basis of such request. The
Claim must include all job records and other documentation supporting entitlement, the amounts and time
sought. In the event additional time is sought, the Contractor shall include a time impact analysis to support
such Claim. The City shall be entitled to request additional job records or documentation to evaluate the
Claim. The Claim shall also include the Contractor's written notarized certification of the Claim in accordance
with the False Claims Ordinance, Sections 70-300 et seq., of the City Code.
11.2 Claims not timely made or otherwise not submitted in strict accordance with the requirements of this
Article or other Contract Documents shall be deemed conclusively waived, the satisfaction of which shall be
conditions precedent to entitlement.
11.3 Contractor assumes all risks for the following items, none of which shall be the subject of any Change
Order or Claim and none of which shall be compensated for except as they may have been included in the
Contractor's Contract Price as provided in the Contract Documents: Loss of any anticipated profits, loss of
bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other
project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a
quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid
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upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for
loss of anticipated profits from any deleted Work.
11.4 Continuing the Work During Disputes. Contractor shall carry on the Work and adhere to the
progress schedule during all disputes or disagreements with City, including disputes or disagreements
concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time.
The Work shall not be delayed or postponed pending resolution of any disputes or disagreements.
Contractor's failure to comply with this Section shall constitute an Event of Default.
ARTICLE 12. PERMITS, LICENSES, FEES, TAXES.
12.1 Except as otherwise provided within the Contract Documents, all permits and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by
Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's
responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the
Project for whom a Certificate of Competency is required.
12.2 Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor
shall be reimbursed only for the actual amount of the impact fee levied by the municipality or Miami -Dade
County as evidenced by an invoice or other acceptable documentation issued by the municipality.
Reimbursement to Contractor in no event shall include profit or overhead of Contractor.
12.3 All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be connected with the
construction of the Work or appurtenances, are hereby included in the prices stipulated in Construction
Documents for said work.
12.4 Taxes. Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with
all requirements.
ARTICLE 13. TERMINATION.
13.1. Termination for Convenience. In addition to other rights the City may have at law and pursuant to
the Contract Documents with respect to cancellation and termination of the Contract, the City may, in its sole
discretion, terminate for the City's convenience the performance of Work under this Contract, in whole or in
part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for
Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the
applicable scope and effective date of termination, which termination shall be deemed operative as of the
effective date specified therein without any further written notices from the City required. Such Termination
for Convenience shall not be deemed a breach of the Contract, and may be issued by the City with or without
cause.
a. Upon receipt of such Notice of Termination for Convenience from the City, and except as
otherwise directed by the City, the Contractor shall immediately proceed with the following obligations,
regardless of any delay in determining or adjusting any amounts due under this Article:
i. Stop the Work specified as terminated in the Notice of Termination for Convenience;
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ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase
orders to the extent they relate to the Work terminated to the fullest extent possible and take
such other actions as are necessary to minimize demobilization and termination costs for
such cancellations;
iii. Immediately deliver to the City all Project records, in their original/native electronic format
(i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all
warranties and guaranties for Work, equipment or materials already installed or purchased;
iv. If specifically directed by the City in writing, assign to the City all right, title and interest of
Contractor under any contract, subcontract and/or purchase order, in which case the City
shall have the right and obligation to settle or to pay any outstanding claims arising from said
contracts, subcontracts or purchase orders;
v. Place no further subcontracts or purchase orders for materials, services, or facilities, except
as necessary to complete the portion of the Work not terminated (if any) under the Notice of
Termination for Convenience;
vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non -
fabricated parts, Work in progress, completed Work, supplies and other material produced
or required for the Work terminated; and (2) the completed or partially completed Project
records that, if this Contract had been completed, would be required to be furnished to the
City;
vii. Settle all outstanding liabilities and termination settlement proposals from the termination of
any subcontracts or purchase orders, with the prior approval or ratification to the extent
required by the City (if any);
viii. Take any action that may be necessary, or that the City may direct, for the protection and
preservation of the Project Site, including life safety and any property related to this Contract
that is in the Contractor's possession and in which the City has or may acquire an interest;
and
ix. Complete performance of the Work not terminated (if any).
b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be
entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of
Termination for Convenience, but no later than the effective date specified therein. Payment for the Work
satisfactorily performed shall be determined by the City in good faith, in accordance with the percent
completion of the Work, less all amounts previously paid to the Contractor in approved Applications for
Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and
purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor.
Contractor shall submit, for the City's review and consideration, a final termination payment proposal with
substantiating documentation, including an updated Schedule of Values, within 30 days of the effective date
of termination, unless extended in writing by the City upon request. Such termination amount shall be mutually
agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen
(15) days prior to making final payment, provide the Contractor with written notice of the amount the City
intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final
settlement for Work performed under this Contract, except to the extent the Contractor disputes such amount
in a written notice delivered to and received by the City prior to the City's tendering such final payment.
13.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of
written notice from the City to Contractor specifying such Default, the Contractor fails to promptly commence
and thereafter complete the curing of such Default within a reasonable period of time, not to exceed twenty-
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one (21) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which
constitutes sufficient grounds for the City to terminate Contractor for cause:
a. Failing to perform any portion of the Work in a manner consistent with the requirements of the
Contract Documents or within the time required therein; or failing to use the Subcontractors, entities and
personnel as identified and to the degree specified, in the Contract Documents, subject to substitutions
approved by the City in accordance with this Contract and the other Contract Documents;
b. Failing, for reasons other than an Excusable Delay, to begin the Work required promptly following
the issuance of a Notice to Proceed;
c. Failing to perform the Work with sufficient manpower, workmen and equipment or with sufficient
materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule
and/or delaying completion of any of the Project within the specified time;
d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the
specified time;
e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be
rejected as defective or nonconforming with the terms and conditions of the Contract Documents;
f. Discontinuing the prosecution of the Work, except in the event of: 1) the issuance of a stop -work
order by the City; or 2) the inability of the Contractor to prosecute the Work because of an event giving rise
to an Excusable Delay as set forth in this Contract for which Contractor has provided written notice of same
in accordance with the Contract Documents;
g. Failing to provide sufficient evidence upon request that, in the City's sole opinion, demonstrates
the Contractor's financial ability to complete the Project;
h. An indictment is issued against the Contractor;
i. Failing to make payments to for materials or labor in accordance with the respective agreements;
j. Failing to provide the City with a Recovery Schedule in accordance with the Contract Documents;
k. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority
having jurisdiction;
I. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this
Contract;
m. Failing to comply in any material respect with any of the terms of this Contract or the Contract
Documents.
In no event shall the time period for curing a Default constitute an extension of the time for achieving
Substantial Completion or a waiver of any of the City's rights or remedies hereunder for a Default which is
not cured as aforesaid.
13.3. Termination of Contract for Cause.
a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as
defined herein, or for any other breach of the Contract or other Contract Documents by the Contractor that
the City, in its sole opinion, deems substantial and material, following written notice to the Contractor and the
failure to timely and properly cure to the satisfaction of the City in the time period set forth herein, or as
otherwise specified in the Notice of Default.
b. Upon the occurrence of an Event of Default, and without any prejudice to any other rights or
remedies of the City, whether provided by this Contract, the other Contract Documents or as otherwise
provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to
the Surety, rendering termination effective immediately, and may take any of the following actions, subject to
any prior rights of the Surety:
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i. Take possession of the Project Site and of all materials, equipment, tools, construction
equipment and machinery thereon owned by Contractor;
ii. Accept assignments of subcontracts;
iii. Direct Contractor to transfer title and deliver to the City (1) the fabricated and non -fabricated
parts, Work in progress, completed Work, supplies and other material produced or required
for the Work terminated; and (2) the completed or partially completed Project records that,
if this Contract had been completed, would be required to be furnished to the City; and
iv. Finish the Work by whatever reasonable method the City may deem expedient.
c. Upon the issuance of a Notice of Termination for Cause, the Contractor shall:
i. Immediately deliver to the City all Project records, in their original/native electronic format
(i.e. CAD, Word, Excel, etc.), any and all other unfinished or partially completed documents,
and any and all warranties and guaranties for Work, equipment or materials already installed
or purchased;
ii. If specifically directed by the City in writing, assign to the City all right, title and interest of
Contractor under any contract, subcontract and/or purchase order, in which case the City
shall have the right and obligation to settle or to pay any outstanding claims arising from said
contracts, subcontracts or purchase orders;
iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non -
fabricated parts, Work in progress, completed Work, supplies and other material produced
or required for the Work terminated; and
iv. Take any action that may be necessary, or that the City may direct, for the protection and
preservation of the Project Site, including life safety and property related to this Contract that
is in the Contractor's possession and in which the City has or may acquire an interest.
d. All rights and remedies of the City's Termination rights herein shall apply to all Defaults that are
non -curable in nature, or that fail to be cured within the applicable cure period or are cured but in an untimely
manner, and the City shall not be obligated to accept such late cure.
13.4. Recourse to Performance and Payment Bond; Other Remedies.
a. Upon the occurrence of an Event of Default, and irrespective of whether the City has terminated
the Contractor, the City may (i) make demand upon the Surety to perform its obligations under the
Performance Bond and Payment Bond, including completion of the Work, without requiring any further
agreement (including, without limitation, not requiring any takeover agreement) or mandating termination of
Contractor as a condition precedent to assuming the bond obligations; or (ii) in the alternative, the City may
take over and complete the Work of the Project, or any portion thereof, by its own devices, by entering into a
new contract or contracts for the completion of the Work, or using such other methods as in the City's sole
opinion shall be required for the proper completion of the Work, including succeeding to the rights of the
Contractor under all subcontracts.
b. The City may also charge against the Performance and Payment Bond all fees and expenses
for services incidental to ascertaining and collecting losses under the Performance and Payment Bond
including, without limitation, accounting, engineering, and legal fees, together with any and all costs incurred
in connection with renegotiation of the Contract.
13.5. Costs and Expenses.
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a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as
a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent
the City has expressly consented, in writing, to the Contractor's late cure of such Default), together with the
costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor
under this Contract, irrespective of whether the City ultimately terminates Contractor.
b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay
Contractor, and the Contractor shall not be entitled to receive, any money until such time as the Project has
been completed and the costs to make repairs and/or complete the Project have been ascertained by the
City. In case such cost and expense is greater than the sum which would have been due and payable to the
Contractor under this Contract for any portion of the Work satisfactorily performed, the Contractor and the
Surety shall be jointly and severally liable and shall pay the difference to the City upon demand.
13.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is
issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of
this Contract, or that any delay hereunder was an Excusable Delay, the termination shall be converted to a
Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to the termination for convenience clause contained herein. The
Contractor shall have no further recourse of any nature for wrongful termination.
13.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy
under the terms of this Contract is intended to be exclusive of any other remedy, but each and every such
remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law,
in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of
Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default
or acquiescence therein, and every such right and power may be exercised from time to time as often as
may be deemed expedient.
13.8. Materiality and Non -Waiver of Breach. Each requirement, duty, and obligation in the Contract
Documents is material. The City's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or Amendment of this Contract. A waiver shall not be effective unless it is in writing
and approved by the City. A waiver of any breach of a provision of this Contract shall not be deemed a
waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this
Article at any time shall not constitute a waiver of such rights and remedies.
13.9. Contractor Right to Terminate Contract or Stop Work. If the Project should be stopped under an
order of any court or other public authority for a period of more than ninety (90) days due to no act or fault
of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any
material amount owing pursuant to an Approved Application for Payment in accordance with the Contract
Documents and after receipt of all supporting documentation required by the Contract Documents, and if the
City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor
identifying the Approved Application for Payment for which payment is outstanding, then, unless the City is
withholding such payment pursuant to any provision of this Contract which entitles the City to so withhold
such payment, the Contractor shall have the right upon the expiration of the aforesaid ninety (90) day period
to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via
certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Contract and
recover from City payment for all Work executed and reasonable expense sustained (but excluding
compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to
termination, Contractor shall not be obligated to recommence the Work until such time as the City shall have
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made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and
reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory
to the City. No act, event, circumstance or omission shall excuse or relieve the Contractor from the full and
faithful performance of its obligations hereunder and the completion of the Work as herein provided for.
ARTICLE 14. MISCELLANEOUS.
14.1. Separate Contracts.
14.1.1. The City reserves the right to perform construction or operations related to the Project with the City's
own forces, to award separate contracts to other contractors or subcontractors, and to permit third parties to
perform construction or operations in connection with other portions of the Project or other construction or
operations on the Project Site or adjacent to the Project Site. City reserves the right to let other contracts in
connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction
and storage of their materials and the execution of their work and shall properly connect and coordinate this
Work with theirs.
14.1.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other
persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it
unsuitable for such proper execution and results. Contractor's failure to inspect and report shall constitute
an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as
to defects which may develop in other contractor's work after the execution of Contractor's Work.
14.1.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution
of the Work so as to create no interference or impact on any other contractors, including the City's own forces,
on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for
the cost of such interference or impact. Coordination with other contractors shall not be grounds for an
extension of time or any adjustment in the Contract Price. Contractor agrees that its pricing of the Work and
the determination of the Contract Price were expressly based upon the Contractor's assumption of the
foregoing cost risks
14.1.4. Contractor shall afford other contractors reasonable access to the Project Site for the execution of
their work. Following the request of the City or Consultant, the Contractor shall prepare a plan in order to
integrate the work to be performed by the City or by the other contractors with the performance of the Work,
and shall submit such plan to the City for approval. The Contractor shall arrange the performance of the Work
so that the Work and the work of the City and the other contractors are, to the extent applicable, properly
integrated, joined in an acceptable manner and performed in the proper sequence, so that any disruption or
damage to the Work or to any work of the City or of other contractors is avoided. To insure the proper
execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to
Consultant any discrepancy between the executed work and the requirements of the Contract Documents.
14.2. Lands for Work.
14.2.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work
is to be performed, rights -of -way and easements for access thereto and such other lands as are designated
by City or the use of Contractor.
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14.2.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land
and access thereto that may be required for temporary construction facilities, or for storage of materials.
Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such
facilities.
14.3. Assignment. Neither the City nor the Contractor shall assign its interest in this Contract without the
written consent of the other, except as to the assignment of proceeds. Notwithstanding the foregoing, City
may assign its interest in this Contract or any portion thereof to any local or state governmental body, special
taxing district, or any person authorized by law to construct or own the Project. Such assignee shall be bound
to comply with the terms of this Contract.
14.4. Rights of Various Interests. Whenever work being done by City's forces or by separate contractors
is contiguous to or within the area where the Contractor will perform any of the Work pursuant to the Contract
Documents, , the respective rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in general harmony.
14.5. Legal Restrictions and Traffic Provisions. Contractor shall conform to and obey all applicable
laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general
operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any
way with traffic on railway, highways, or water, without the prior written consent of the proper authorities.
14.6. Value Engineering. Contractor may request substitution of materials, articles, pieces of equipment
or any changes that reduce the Contract Price by making such request to Consultant in writing after award
of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed,
used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change
Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in
any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees
to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request
for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution
submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be
replaced and there must be a net dollar savings including Consultant review fees and charges. If a
substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall
be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense
a special performance guarantee or other surety with respect to any substitute approved after award of the
Contract.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR,
WHO SHALL FORWARD SAME TO CONSULTANT.
14.7. No Interest. Any monies not paid by City when claimed to be due to Contractor under this Contract,
including, but not limited to, any and all claims for contract damages of any type, shall not be subject to
interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes
as such relates to the payment of interest, shall apply to valid and proper invoices.
14.8. Project Sign. Any requirements for a project sign shall be paid by the Contractor as specified by
City Guidelines.
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14.9. Availabilitv of Proiect Site: Removal of Eauioment.
14.9.1. Use of the Project Site or any other City -owned property or right-of-way for the purpose of storage
of equipment or materials, lay -down facilities, pre -cast material fabrication, batch plants for the production of
asphalt, concrete or other construction -related materials, or other similar activities, shall require advance
written approval by the Contract Administrator. The City may, at any time, in its sole and absolute discretion,
revoke or rescind such approval for any reason. Upon notice of such rescission, Contractor shall, within
twenty-four (24) hours, remove and relocate any such materials and equipment to a suitable, approved
location. Notwithstanding any other provision in the Contract Documents to the contrary, the conditions or
requirements of right-of-way permits established by the authorities having jurisdiction including, without
limitation any regulatory authorities of the City, shall take precedence over any provision in the Contract
Documents that may provide any right whatsoever to use of the Project Site for staging, material and
equipment storage, lay -down or other similar activities.
14.9.2. In case of termination of this Contract before completion for any cause whatever, Contractor, if
notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from
the property of City, failing which City shall have the right to remove such equipment and supplies at the
expense of Contractor.
14.10. Nondiscrimination. In connection with the performance of the Services, the Contractor shall not
exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in
Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment,
housing, public accommodations, and public services on account of actual or perceived race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age,
disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation,
or political affiliation.
14.11. Project Records. City shall have the right to inspect and copy, at City's expense, the books and
records and accounts of Contractor which relate in any way to the Project, and to any claim for additional
compensation made by Contractor, and to conduct an audit of the financial and accounting records of
Contractor which relate to the Project and to any claim for additional compensation made by Contractor.
Contractor shall retain and make available to City all such books and records and accounts, financial or
otherwise, which relate to the Project and to any claim for a period of three (3) years following Final
Completion of the Project. During the Project and the three (3) year period following Final Completion of the
Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written
notice.
14.12. Performance Evaluations. An interim performance evaluation of the successful Contractor may be
submitted by the Contract Administrator during construction of the Project. A final performance evaluation
shall be submitted when the Request for Final Payment to the construction contractor is forwarded for
approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement
Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City
as a factor in considering the responsibility of the successful Contractor for future bids with the City.
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14.13. Public Entity Crimes. In accordance with the Public Crimes Act, Section 287.133, Florida Statutes,
a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to the City, may not submit a bid on a contract with the City for the construction or repair
of a public building or public work, may not submit bids on leases of real property to the City, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the
City, and may not transact any business with the City in excess of the threshold amount provided in Section
287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed
on the convicted vendor list. Violation of this Section by Contractor shall result in cancellation of the City
purchase and may result in Contractor debarment.
14.14. Independent Contractor. Contractor is an independent contractor under this Contract. Services
provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing
such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This
Contract shall not constitute or make the parties a partnership or joint venture. Contractor hereby accepts
complete responsibility as a principal for its agents, Subcontractors, vendors, materialmen, suppliers, their
respective employees, agents and persons acting for or on their behalf, and all others Contractor hires to
perform or to assist in performing the Work.
14.15. Third Party Beneficiaries. Neither Contractor nor City intends to directly or substantially benefit a
third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them based upon this
Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in
any third person or entity under this Contract.
14.16. Severabili . In the event a portion of this Contract is found by a court of competent jurisdiction to
be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to
terminate this Contract. An election to terminate this Contract based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
ARTICLE 15. INSPECTOR GENERAL AUDIT RIGHTS.
15.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office
of the Inspector General which may, on a random basis, perform reviews, audits, inspections and
investigations on all City contracts, throughout the duration of said contracts. This random audit is
separate and distinct from any other audit performed by or on behalf of the City.
15.2 The Office of the Inspector General is authorized to investigate City affairs and empowered to review
past, present and proposed City programs, accounts, records, contracts and transactions. In
addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the
production of witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time, within budget and
in conformance with the contract documents and applicable law. The Inspector General shall have
the power to audit, investigate, monitor, oversee, inspect and review operations, activities,
performance and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists,
City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud
and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its
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overall annual contract expenditures to fund the activities and operations of the Office of Inspector
General.
15.3 Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records
and documents available to the Inspector General for inspection and copying. The Inspector General
is empowered to retain the services of independent private sector auditors to audit, investigate,
monitor, oversee, inspect and review operations activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of
the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
15.4 The Inspector General shall have the right to inspect and copy all documents and records in the
Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain
to performance of the contract, including, but not limited to original estimate files, change order
estimate files, worksheets, proposals and agreements from and with successful subcontractors and
suppliers, all project -related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back -change documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates,
or dividends received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
15.5 The Contractor shall make available at its office at all reasonable times the records, materials, and
other evidence regarding the acquisition (bid preparation) and performance of this contract, for
examination, audit, or reproduction, until three (3) years after final payment under this contract or for
any longer period required by statute or by other clauses of this contract. In addition:
i. If this contract is completely or partially terminated, the Contractor shall make available records
relating to the work terminated until three (3) years after any resulting final termination
settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation or the settlement
of claims arising under or relating to this contract until such appeals, litigation, or claims are
finally resolved.
15.6 The provisions in this section shall apply to the Contractor, its officers, agents, employees,
subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Contractor in connection with the
performance of this contract.
15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative
activities. The provisions of this section are neither intended nor shall they be construed to impose
any liability on the City by the Contractor or third parties.
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MIAMIBEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(October 27, 2022)
GENERAL DISCLAIMERS.
a. The solicitation referenced herein is being furnished to the Bidders by the City of Miami Beach (the "City") for the Bidder's
convenience. It is the responsibility of the recipient to assure itself that information contained herein is accurate and
complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance
on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Bidders should
rely exclusively on their own investigations, interpretations, and analyses. Bidders are expected to examine the terms,
conditions, specifications, delivery schedules, proposed pricing, and other all instructions pertaining to the goods relative to
this solicitation_ Failure to do so will be at the Bidder's risk and may result in the Bid being non -responsive. All expenses
involved with the preparation and submission of bid, or any work performed in connection therewith, shall be the sole
responsibility (and shall be at the sole cost and expense) of the Bidders, and shall not be reimbursed by the City.
b. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content,
its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Bid conforming
to these requirements will be selected for consideration, negotiation, or approval. Any individual that submits a bid in
response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,
or in making any award, or in failing or refusing to make any award pursuant to such bid, or in cancelling awards, or in
withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or
obligation on the part of the City.
C. It is the responsibility of each Bidders, before submitting a Bid, to: examine the solicitation thoroughly, visit the site or
structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the
Work; take into account federal, state and local (City and Miami -Dade County) laws, regulations, permits, and ordinances
that may affect costs, progress, performance, furnishing of the Work, or award, study and carefully correlate Bidder's
observations with the solicitation. The Bidders shall notify the Chief Procurement Officer of all conflicts, errors, or
discrepancies in the solicitation of which Bidders knows or reasonably should have known. The submission of a Bid shall
constitute an incontrovertible representation by Bidders that Bidders has complied with the above requirements and that
without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the
solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions
for performance and furnishing of the Work.
d. Any action taken by the City in response to bids received pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such bid, or in cancelling awards, or in withdrawing or cancelling this solicitation,
either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole
discretion, the City may withdraw the solicitation either before or after receiving bids, may accept or reject bids, and may
accept bids which deviate from the solicitation, as it deems appropriate and in its best interest. The City may postpone the
deadline for submittal of bids and may, but is not required to, make a reasonable effort to give at least three (3) calendar
days electronic notice of any such postponement.
e. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting bid in
response to this solicitation.
f. Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions (as applicable), which may
be found on the City Of Miami Beach Procurement Department website at https://www.miamibeachfl-gov/City-
hall/procurement/procurement-related-ordinance-and-procedures/.
Requirement
Code Section or Resolution
Cone of Silence
2A86
Protest Procedures
2-371
Debarment Proceedings
2-481 through 2-406
Lobbyist Registration and Disclosure of Fees
2-397 through 2-485.3
Campaign Contributions by Vendors
2-487
Campaign Contributions by Lobbyists
2-488
Equal Benefits for Domestic Partners
2-373
Living Wage Requirement
2-407 through 2-410
False Claims Ordinance
70-300
Acceptance of Gifts, Favors & Services
2-449
Purchase of Goods and Services Sourced in
Resolution 2016-29375
Mississippi
Non-discrimination (boycotts)
2016-3990
2, ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Bidders shall not offer any gratuities, favors, or anything of monetary value
to any official, employee, or agent of the City, for the purpose of influencing consideration of this Bid. Pursuant to Sec. 2-449 of
the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to
influence him in the discharge of his official duties.
3. ASSIGNMENT. No contract shall be assigned, transferred, conveyed, sublet or otherwise disposed, including any or all right,
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title or interest therein, or power to execute such contract, to any person, company or corporation, without the prior written consent
of the City.
4. CANCELLATION. In the event any of the provisions of this Bid are violated by the Bidders, the City shall give written notice to
the Bidders stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of
the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice
required to the Bidders. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate
the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City,
upon the giving of thirty (30) days prior written notice to the Bidders.
5. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This solicitation is subject to, and all Bidders are expected to be or
become familiarwith, all City lobbyist laws. Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied
with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their
responses, in the event of such non-compliance.
6. DEFAULT. Failure or refusal of the successful Bidders to execute a contract following approval of such contract by the City
Commission, or untimely withdrawal of a bid response before such award is made and approved, may result in a claim for
damages by the City, and may be grounds for removing the Bidders from the City's vendor list.
7. DEMONSTRATION OF COMPETENCY. Pursuant to Section 2-369 of the City Code, when determining the lowest and best
Bidders, in addition to price, there shall be a consideration of the following: (1) the ability, capacity and skill of the Bidders to
perform the contract; (2) whether the Bidders can perform the contract within the time specified, without delay or interference;
(3) the character, integrity, reputation, judgment, experience and efficiency of the Bidders; (4) the quality of performance of
previous contracts; and (5) the previous and existing compliance by the Bidders with laws and ordinances relating to the
contract. In doing so, the City may take any and all actions in deems necessary, including consideration of any legal, financial,
operational (facilities, staffing and equipment) factor that may impact the Bidder's ability to successfully perform the contract,
and the City may contact any prior or current client, employee or agent of the Bidders.
a. The City reserves the right to request supplemental information from Bidders at any time during the solicitation process,
unless otherwise noted.
8. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows:
a. Any contract or agreement resulting from the award of this solicitation, then
b. Addendum issued for this solicitation, with the latest Addendum taking precedence, then
c. The solicitation; then
d. The Bidder's bid in response to the solicitation.
In case of any doubt or difference of opinion as to the items and/or goods (as the case may be) to be fumished hereunder, the
decision of the City shall be final and binding on all parties.
9. 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.
10. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public
emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive
a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line
items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that
threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor
agrees to provide all award -related goods and services to the City on a "first priority" under the emergency conditions noted
above.
11. ESTIMATED 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 Bidders meets
specifications.
12. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidders not
responsible if the history of violations warrants such determination in the opinion of the City. Bidder shall submit with its proposal,
a complete history of all citations and/or violations, notices, and dispositions thereof. The non -submission of any such
documentation shall be deemed to be an affirmation by the Bidders that there are no citations or violations. Bidders shall notify
the City immediately of notice of any citation or violation which Bidders may receive after the proposal opening date and during
the time of performance of any contract awarded to it.
13. EXCEPTIONS TO SOLICITATION. Bidders must clearly indicate any exceptions they wish to take to any of the terms in the
solicitation, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly
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delineated, in writing, in the bid submittal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions
and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Bidders to comply with the
particular term and/or condition of the solicitation to which Bidders took exception to (as said term and/or condition was originally
set forth in the solicitation and any exhibits or Addenda thereto).
14. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all bids including, without limitation, any and all information
and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes,
and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30)
days after opening of the bids, whichever is earlier. Additionally, Bidders agrees to be in full compliance with Florida Statute
119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the goods; (b) provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining
public records and transfer, at no cost, to the public agency all public records in possession of the Bidders upon termination of
the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
15. JOINT VENTURES / SINGLE PURPOSE ENTITY. Joint Ventures are not allowed. bid shall be submitted only by the prime
contractor. Bidders may, however, identify sub -contractors or sub -consultants to the prime Bidders who may serve as team
members.
16. FORCE MAJEURE.
a- A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Contractor or the City's
obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation,
and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably
been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing
criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological
impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement.
If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be
Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any
such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force
Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the
anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental
effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent
to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the
event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force
Majeure event shall be on the requesting party.
The City may, through its City manager, in its sole and absolute discretion, make amendment or equitable adjustment in
the contract terms and conditions and/or pricing to address very limited unforeseen circumstances outside of the successful
Bidder's control relating to certain supply chain issues and extreme market volatility. The City may, through its City Manager,
but shall have no obligation to consider or otherwise approve an adjustment, where pricing or availability of supply is affected
by extreme or unforeseen volatility in the marketplace satisfying, at a minimum, all of the following criteria: 1) the volatility
is due to causes wholly beyond the successful Bidder's control; 2) the volatility affects the entire marketplace or industry,
not just the particular successful Bidder's source of supply; 3) the effect on pricing or availability of supply is substantial;
and 4) the volatility so affects the successful Bidders that continued performance of the Contract would result in an excessive
or unreasonable substantial loss or financial hardship to the Bidders, such as, for example, an event implicating insolvency
or bankruptcy. Any adjustment would require irrefutable evidence and written approval by the Chief Procurement Officer.
For the avoidance of doubt, this section does not in any way alter or affect the allocation of risk between the City and the
Bidders pursuant to the Contract, or Bidder's assumption of all risks relating to its performance in accordance with the
Contract terms.
No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party
is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the
obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is
required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such
obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the
direct result of the Force Majeure event with all reasonable dispatch.
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e. Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension
of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to
the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions.
Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the
sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action
without regard to the notice requirements herein Additionally, in the event that an event of Force Majeure delays a parry's
performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the
City Manager, terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the
Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to
the date of termination, following which the City shall be discharged from any and all liabilities, duties, and terms arising out
of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated
term.
17. INDEMNIFICATION. The bidder shall indemnify and hold harmless the City and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the bidder or
its employees, agents, servants, partners, principals or subcontractors. The bidder shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred
thereon. The bidder expressly understands and agrees that any insurance protection required by any agreement with the City
or otherwise provided by the bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive
the expiration or termination of this Agreement.
18. INSPECTION, ACCEPTANCE $ TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to
(or risk of loss or damage to) all items shall be the responsibility of the successful Bidders until acceptance by the City unless
loss or damage results from the gross negligence or willful misconduct of the City.
If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City
reserves the right to cancel the order upon written notice to the seller, and return the product, at the Bidder's expense.
19. INSPECTOR GENERAL AUDIT RIGHTS.
a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector
General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or
on behalf of the City.
b. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present, and
proposed City programs, accounts, records, contracts, and transactions. In addition, the Inspector General has the power
to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the project is on time, within
budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power
to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its
officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents
and to detect fraud and corruption. Pursuant to Section 2-37B of the City Code, the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents
available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services
of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities,
performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
d. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,
custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with
successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records
and supporting documentation for the aforesaid documents and records.
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The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding
the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3)
years after final payment under this contract or for any longer period required by statute or by other clauses of this contract.
In addition:
i. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work
terminated until three (3) years after any resulting final termination settlement; and
ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under
or relating to this contract until such appeals, litigation, or claims are finally resolved.
f. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors, and suppliers.
The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the
Contractor in connection with the performance of this contract.
g. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The
provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor
or third parties.
20. LAWS, PERMITS AND REGULATIONS. The Bidders shall obtain and pay for all licenses, permits, and inspection fees required
to complete the work and shall comply with all applicable laws.
21 LIABILITY, INSURANCE, LICENSES AND PERMITS. Where Bidders are required to enter or go on to City of Miami Beach
property to deliver materials or perform work or services as a result of the Bid, the Bidders will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws.
The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders, or his/her officers,
employees, contractors, and/or agents, for failure to comply with Applicable Laws.
22 MANNER OF PERFORMANCE. Bidders agrees to perform its duties and obligations in a professional manner and in accordance
with all applicable Local, State, County, and Federal laws, rules, regulations, and codes. Lack of knowledge or ignorance by the
Bidders with/of applicable laws will in no way be a cause for relief from responsibility. Bidders agrees that the work and goods
provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas
encompassed within their designated duties. Bidders agrees to fumish to the City any and all documentation, certification,
authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidders further certifies
that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws
or regulations in full force and effect during the term of this contract. Failure of Bidders to comply with this paragraph shall
constitute a material breach of this contract.
23. MODIFICATION/WITHDRAWALS OF BIDS. A Bidders may submit a modified bid to replace all or any portion of a previously
submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered.
bid shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date, or after expiration of 180
calendar days from the opening of bid without a contract award. Letters of withdrawal received after the Bid due date and before
said expiration date, and letters of withdrawal received after contract award will not be considered.
24. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line
item, by group or in its entirety, beginning with lowest, responsive, responsible Bidders (primary), followed by the second lowest,
responsive, responsible Bidders (secondary), and continuing with other responsive, responsible Bidders in order of next best
cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that:
1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest
of the City to do so regardless of reason.
25, NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items
delivered, not conforming to specifications, may be rejected, and returned at the Bidder's expense. These items, as well as items
not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open
market. Any increase in cost may be charged against the Bidders. Any violation of these stipulations may also result in the
Bidder's name being removed from the City's vendor list.
26. NON-DISCRIMINATION. The Bidders certifies and affirms that it is in compliance with and will be bound by the Section 202,
Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without
regard to race, color, religion, sex or national origin.
27. NON -EXCLUSIVITY. To the extent applicable, it is the intent of the City to purchase the goods or services specifically listed in
the solicitation. However, the City reserves the right to purchase any goods or services awarded from any other governmental
or cooperative contract, or on the open market.
28. OCCUPATIONAL HEALTH AND SAFETY. The Bidders warrants to the City that any work, goods, supplies, materials or
equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and
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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 Bidders.
29. OBSERVANCE OF LAWS. Bidders are expected to be familiar with, and comply with, all Federal, State, County, and City laws,
ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which,
in any manner, may affect the scope of goods and/or project contemplated by this solicitation (including, without limitation, the
Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and
guidelines). Ignorance of the law(s) on the part of the Bidders will in no way relieve it from responsibility for compliance.
30. OPTIONAL CONTRACT USAGE. When the successful Bidders agrees, 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.
31. OSHA. The Bidders 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 Bidders.
32. OTHER TERMS AND CONDITIONS. Any order pursuant to the contract that includes terms and conditions other than those
expressly approved in this solicitation or contract shall be null and void and rejected by the City.
33. PAYMENT. Payment will be made by the City after the goods have been received, inspected, and found to comply with contract
specifications, free of damage or defect, and are properly invoiced.
34. PATENTS & ROYALTIES. 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 Bidders 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.
35. 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 Bidders 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).
36. PROTESTS. Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section
2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred.
37. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crimes may not submit a bid on a contract to provide any goods to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit a bid on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with
a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017,
for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list.
3& RELATIONSHIP TO THE CITY. It is the intent of the City, and Bidder's hereby acknowledge and agree, that the successful
Bidders is considered to be an independent contractor, and that neither the Bidders, nor the Bidder's employees, agents, and/or
contractors, shall, under any circumstances, be considered employees or agents of the City.
39. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have
precedence.
40. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
41. TERMINATION FOR DEFAULT. If the successful Bidders 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 Bidders of such termination, which shall become effective upon receipt by the Bidders of the written termination notice.
In that event, the City shall compensate the successful Bidders in accordance with the term of the contract for all work and/or
services satisfactorily performed by the Bidders prior to termination, net of any costs incurred by the City as a consequence of
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MIAMIBEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(October 27, 2022)
the default.
Notwithstanding the above, the successful Bidders 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 Bidders, and the City may reasonably withhold payments to the successful Bidders
for the purposes of set off until such time as the exact amount of damages due the City from the successful Bidders 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 Bidders 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.
42. 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 Bidders of such termination, which shall become
effective thirty (30) days following receipt by Bidders of such notice. In that event, all 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 Bidders 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 Bidders, and shall also compensate the
Bidders for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the
successful Bidders for any profits that the successful Bidders expected to earn on the balanced of the contract. Such payments
shall be the total extent of the C4's liability to the successful Bidders upon a termination as provided for in this subsection.
43. 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 workplace 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.
44. VENUE. Any legal challenges to this Solicitation shall be brought in Miami -Dade County, Florida, and if legal action is necessary,
exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The Bidder and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Solicitation.
45. CONTRACT EXTENSION. The City, through its City Manager, 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.
46. AMERICANS WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format, sign language
interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information
on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984.
47. TRUTH IN NEGOTIATION CERTIFICATE. Any resulting contract, is issued and governed by section 287.055, Florida statutes
shall require a truth in negotiation certificate. Execution of the contract by the consultant shall act as the execution of a Truth -in -
Negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the contract
are accurate, complete, and current as of the date of the contract. The original contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1)
year following the end of the contract.
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Contract Provisions for Non -Federal Entity Contracts Under Federal Awards
The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions
contained elsewhere in the Contract.
A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified acquisition threshold,
currently $150,000, the following provisions shall apply:
(1) Disputes and Remedies - Disputes arising in the performance of this Contract which are not resolved by the
Contractor and the City's project manager or contractor manager, shall be referred, in writing, to the
authorized representative of the City Mayor for a decision. If there is a disagreement among the parties
regarding the decision of the City Mayor's representative, then either party may submit any claim,
counterclaim, dispute and other matters in question between the City and the Contractor arising out of or
relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach.
(2) Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance
under this Contract while matters in dispute are being resolved.
(3) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents or others for whose acts he is
legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable
time after the first observance of such injury of damage.
B. TERMINATION FOR CONVENIENCE
The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty (30) days
written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this Contract.
The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The City
shall be the sole judge of "reasonable costs."
C. DEFAULT; REMEDIES; TERMINATION FOR CAUSE
The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on probation,
or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific
performance, in the event the Contractor fails to perform in accordance with the terms and conditions stated
herein. Following breach of the Contract by the Contractor, the City shall provide written notice specifying the
breach to the Contractor and advising the Contractor that the breach must be cured immediately or this
Agreement may be terminated by the City. The City reserves the right to avail itself of any and all remedies
available at law or at equity, including claims for damages and injunctive relief. The City further reserves the right
to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or
administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if,
following the initial notice of breach, the Contractor fails to timely or adequately and to the satisfaction of the City
cure said breach. In the event of termination for default, the City may procure the required goods and/or services
from any source and use any method deemed in its best interest. All re -procurement costs shall be borne by the
terminated Contractor.
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D. EQUAL EMPLOYMENT OPPORTUNITY
(1) In connection with the performance of this Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex, age, disability, ancestry, marital status,
pregnancy, sexual orientation, veteran's status, or national origin. The Contractor shall take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without regard to their
race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status,
or national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeships. Contractor further agrees to
insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union
or workers' representatives of the Contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with
any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or
in part and the Contractor may be declared ineligible for further government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each of Contractor's
vendors and subcontractors. The Contractor will take such action with respect to any subcontract or purchase
order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance.
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E. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148) and COPELAND "ANTI -KICKBACK" ACT (18 USC § 40
U.S.C. 3145). The Davis -Bacon Act and the Copeland Anti -Kickback Act only apply to the emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. They do not
apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.
Accordingly, if applicable to this Contract:
(1) All prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision
for compliance with the Davis -Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction").
a) In accordance with the statute, and if applicable, the Contractor must pay all laborers and mechanics
employed or working upon the site of the work, unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3), the full amount of wages and
bona fide fringe benefits (or cash equivalents thereof) at rates not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The City will attach a copy of the current prevailing wage determination
issued by the Department of Labor to this form.
b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)
of the Davis —Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR §5.5; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR § 5.5(a)(4).
c) Laborers or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, that the employer's
payroll records accurately set forth the time spent in each classification in which work is performed. The
wage determination (including any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of 29 CFR § 5.5) and the Davis —Bacon poster (WH-1321) shall be posted at all times by the
Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can
be easily seen by the workers.
(2) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as
may be applicable, which are incorporated by reference into this Contract.
Contractors and Subcontractors are prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts the clause in these
subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to include this clause in any lower
tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with this clause. A breach of this clause may be grounds for termination of the Contract, and for
debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
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F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C. §§ 3702 AND 3704.
If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety
Standards Act of 1962, 40 U.S.C. §§ 3702 and 3704, requiring that mechanics and laborers (including watchmen
and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their
basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the
preceding clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.
In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth herein, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without payment
of the overtime wages required. The City shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided
herein. The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F)
herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in herein.
G. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD.
If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the City wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding agreement,"
the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION
CONTROL ACT, as amended, 33 U.S.C. §§ 1251- 1387.
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. and issued pursuant to the Federal Water Pollution Control
Act, as amended, 33 USC §1251 et. seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in
turn, report each violation as required to assure notification to the City, Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA.
I. ENERGY CONSERVATION.
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. Section 6321 et seq.) and (42 U.S.C. 6201).
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J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the
Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its
affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into. This certification is a material representation of fact relied upon by the City. If it is later determined
that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition
to remedies available to the City, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision requiring such compliance in its
lower tier covered transactions.
(2) By signing and submitting this form, the Contractor shall also execute and provide the City with, and require
all lower tiered contractors to also execute, the certification set out in "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction" attached hereto. The
Contractor shall require all lower tier participants to agree that they: a. shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized in writing by the City; and ii. they will include
this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion", and the
certification form, without modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions. The Contractor may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. The Contractor may decide the method and
frequency by which it determines the eligibility of its principals. The Contractor may, but is not required to check
the Non -procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing
shall be construed to require establishment of system of records in order to render in good faith the certification
required by this clause. The knowledge and information of the Contractor and any other participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier
covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to all remedies available to the Federal Government, the City may
pursue available remedies including suspension and/or debarment.
K. BYRD ANTI -LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS.
Contractors who apply or bid for or have received an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
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L. RECYCLED PRODUCTS/RECOVERED MATERIALS
The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962), including but not limited to, the
regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the
items designated in Subpart B of 40 CFR Part 247.All goods and/or services to be purchased as a result of any
award under this Contract shall be in accordance with all applicable governmental standards, including, but not
limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of
Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the
Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory
agencies that govern the commodities or services applicable to this solicitation, during the term of any contract
resulting from this solicitation. In the performance of this Contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA- designated items unless the product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2) Meeting Contract performance requirements; or (3) At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available at EPA's
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/regulatory- background-
comprehensive-procurement-guideline-program-cpg.
M. CONTRACTING WITH SMALL AND MINORITY BUSINESS, WOMEN'S BUSINESS ENTERPRISES, AND LABOR
SURPLUS AREA FIRMS, C.F.R. § 200.321(G).
Pursuant to C.F.R. 200.321 (g), the City will take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative
steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; an
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) above.
N. ACCESS TO RECORDS. In addition to the provisions contained in the Contract, the following access to records
requirements apply to this Contract:
(1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations,
excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the Contract.
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O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
Contractor's actions pertaining to the Contract.
P. DHS SEAL, LOGO, AND FLAGS. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre -approval.
Q. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that
FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all
applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
R. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the
non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract.
S. CHANGES
The Contract may be modified by mutual consent, in writing through the issuance of a modification to the
Contract.
T. INDEMNIFICATION
For any work performed on Federally funded projects, the Contractor agrees to indemnify and hold harmless the
Federal Government, its employees and/or contractors, the County, its employees and/or contractors, and the
City and its employees and/or contractors from liability to third parties for claims asserted under the contract.
U. E-VERIFY. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
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ATTACHMENT B
ADDENDA AND ITB SOLICITATION
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MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue, 3,d Floor, Miami Beach, Florida 33139, www.miarnibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 7
RFQ 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
May 5, 2023
This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers or other
clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
RESPONSES TO QUESTIONS RECEIVED:
Q1. There doesn't seem to be a category for electrical services. Will the City be issuing a bid for electrical
services?
Al. The current contract for JOC electrical services is valid through November 7, 2023, with an
additional renewal period through November 7, 2024. The City will issue a Job Order Contracting
Services solicitation for various trades, which may include but is not limited to electrical,
roofing, mechanical, and painting at a later time.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the
individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Telephone:
1
Email:
Kristy Bada
305-673-7000 ext. 7490
KristyBada@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have
elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire
with the reason(s) for not submitting a proposal.
Si cer y,
isty B da
rocur me Contracting Manager
END OF ADDENDUM NO.7
i ADDENDUM NO. 7
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES - HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
MIAMIBEACH
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
www.miamibeachfi.gov
ADDENDUM NO. 6
REQUEST FOR QUALIFICATIONS (RFQ)
2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
April 26, 2023
This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or
other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions
are shown by strikethrough and additions are underlined).
REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until
3:00 p.m. on Friday, May 19, 2023.
All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be
accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy
bids or bids received electronically, either through email or facsimile, submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted,
bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by
technical difficulty or caused by any other occurrence.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Telephone:
Email:
Kristy Bada
305-673-7000 ext. 7490
KristyBada@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential
proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to
Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal.
Si cer ly,
risty da
rocu em nt Contracting Manager
1 t ADDENDUM NO.6
REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL. VERTICAL, SEAWALLICOASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
MIAMI BEACH
City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfi.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490 Fax: 786-394-4002
ADDENDUM NO. 5
RFQ 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
April 19, 2023
This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers or other
clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m.
on Friday, April 28, 2023.
All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be
accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids
or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for
receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned
to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused
by any other occurrence.
REVISIONS: Appendix A Minimum Requirements & Scope of Work has been revised as follows.
Al. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed
below. Proposer shall submit the required submittal(s) documenting compliance with each minimum
requirement. Proposers that fail to comply with minimum requirements shall be deemed non -responsive and
shall not have its bid considered.
Horizontal Construction Projects - Bidder (defined as the Proposing Firm) shall hold a currently
active State of Florida Certified General Contractor OR State of Florida Certified Undergound
Contractor OR Miami Dade County Licensed General Contractor. The City may consider alternative
licenses as acceptable providing that proof is submitted by the bidder documenting that horizontal
construction work (as defined in the solicitation) and related permits may be completed in
accordance with State of Florida or Miami -Dade County regulations with the alternative license.
Vertical Construction Projects - Bidder (defined as the Proposing Firm) shall hold a currently
active State of Florida Certified General Contractor, OR Miami Dade County Licensed General
Contractor, OR Miami Dade County Licensed Building Contractor, The City may consider
alternative licenses as acceptable providing that proof is submitted by the bidder documenting that
vertical construction work (as defined in the solicitation) and related permits may be completed in
accordance with State of Florida or Miami -Dade County regulations with the alternative license.
i ADDENDUM NO. 5
REQUEST FOR QUALIFICATIONS (RFQ) No 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
Seawall or Coastal Construction Projects - Bidder (defined as the Proposing Firm) shall hold a
currently active State of Florida Certified General Contractor, OR State of Florida Certified Specialty
Contractor, Marine Specialty Contractor, OR Miami Dade County Licensed General Contractor. The
City may consider alternative licenses as acceptable providing that proof is submitted by the bidder
documenting that seawall or coastal contruction work (as defined in the solicitation) and related -
permits may be completed, in accordance with State of Florida or Miami -Dade County regulations,
with the alternative license.
4. Provide a letter from a Surety firm affirming Proposer's bonding capacity. The Surety firm shall be
rated by AM Best as to be no less than A- (Excellent) and within a Financial Size Category of no
less than Category V ($10 - $25 million). The statement of bonding capacity shall be directly from
the Surety firm on its official letterhead and signed by an authorized agent of the firm.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the
individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Telephone:
1
Email:
Kristy Bada
305-673-7000 ext. 7490
KristyBada@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have
elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire
with the reason(s) for not submitting a proposal.
)ntracting Manager
END OF ADDENDUM NO. 5
s ADDENDUM NO. 5 _
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALUCOASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
MIAMIBEACH
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
www.miamibeachfi.gov
ADDENDUM NO.4
REQUEST FOR QUALIFICATIONS (RFQ)
2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALUCOASTAL CONSTRUCTION
April 17, 2023
This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or
other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions
are shown by strikethrough and additions are underlined).
REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until
3:00 p.m. on Wednesday, April 26, 2023.
All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be
accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy
bids or bids received electronically, either through email or facsimile, submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted,
bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by
technical difficulty or caused by any other occurrence.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfi.gov
Contact:
Telephone:
Email:
Kris Bada
305-673-7000 ext. 7490
KristyBada@miamibeachfi.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential
proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to
Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal.
,ontracting Manager
ADDENDUM NO.4
REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALUCOASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
MIAMI BEACH
City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachft.gov
PROCUREMENT DEPARTMENT
Tet: 305-673-7490 Fax 786-394-4002
ADDENDUM NO. 3
RFQ 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
April 6, 2023
This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
ATTACHMENT(S).
Attachment A Job Order Contract Construction Task Catalog (CTC) - City of Miami Beach
Attachment B Job Order Contract Technical Specifications - City of Miami Beach
Attachment C The Gordian Group Guide to Using the Construction Task Catalog
II. REVISION(S).
1. Section 0300 Proposal Submittal Instructions and Format, Subsection 4, Tab 4, Sub -Tab 4.1 -
Self -Performance has been revised as follows:
4.1 Self -Performance. Provide detailed information on how work will be accomplished by self -
performing at least " ten percent (38%10%) on the physical construction labor for
horizontal projects (unless otherwise approved by the City).
Note: After award, for specific projects, the percentage of self -performed work will be
determined on a project basis.
2. Section 0300 Proposal Submittal Instructions and Format, Subsection 4, Tab 4, Sub -Tab 4.2 -
Safety has been revised as follows:
4.2 Safety. Attach a letter from the Proposer's insurance company, on the insurance carrier's
letterhead, stating the Proposer's Experience Modification Rate (EMR) for the past three
calendar years: 20242, 20201, and 20190. If, during any year, the EMR is greater than 1.0,
attach an explanation as to why the EMR is greater than 1.0 and steps taken to reduce the
EMR.
3. Appendix C JOC Supplemental Conditions, Article 3 Preparation of the Job Order Proposal,
Sub -Article 3.4, 3.4.3, 3.4.3.4 has been revised as follows:
"After a Non Pre -priced Task has been approved by the City, the Unit Price for such task well may be
established, and fixed as a permanent Non Pre- priced Task which will no longer require price
justification. The City reserves the right to request the Contractor provide current quotes for any Non-
Prepriced Task approved previously."
1 ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
Appendix C JOC Supplemental Conditions, Article 9, Construction Task Catalog® and Article
10, The Technical Specifications has been revised as follows:
"9. THE CONSTRUCTION TASK CATALOG®
The Construction Task Catalog@ is part of the Contract Documents and included by reference. The
Construction Task Catalog@ is available as a separate PDF document,t attached to this Addendum as
Attachment A"
httl)s:llfortive. box. com/s/m03q yysojyisb6kyvOymi5sc l05caOvO"
"10. THE TECHNICAL SPECIFICATIONS
The Technical Specifications are part of the Contract Documents and included by reference. The
Technical Specifications are available as a separate PDF document, attached to this Addendum as
Attachment 8
htt,os:llfortive.box.com/S/M03qyysoiyisb6kyvOymi5scI05caOvO"
5. Appendix C JOC Supplemental Conditions, Article 5 ENR CCI Adjustment of the Adjustment
Factors has been revised as follows:
ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
5. "ANNUAL UPDATE OF THE CONSTRUCTION TASK CATALOG'@
5.1. The Construction Task CatalogO issued with the bid will be in effect for the first
year of the Contract.
3 ADDENDUM NO.3 y
REQUEST FOR QUALIFICATIONS (RFQ)
JOB ORDER CONTRACTING SERVICES —
o.2023-096-KB
HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
5.2. On the anniversary of the Contract, a new Construction Task Cataloc O will be
furnished. The new Construction Task Catalog will be effective for the twelve
(12) month period after the anniversary of the effective date of the Contract.
The Construction Task CataloqO that accompany each anniversary shall onl y
apply to Job Orders issued after the effective date of that specific renewal
option and shall have no impact on Job Orders issued prior to the effective
date of that specific renewal option.
5.3. The Adjustment Factors submitted with the Proposal shall be used for the full
term of the Contract, plus any Option Terms. On the annual anniversary of the
Contract, the CitV shall issue the Contractor a new Construction Task
Catalog. The Contractor will be issued the new Construction Task Cataloc R
for review prior to accepting new Work. The Contractor shall use the
Construction Task Catalog in effect on the date that the Job Order is issued.
However, the Contractor cannot delay the issuance of a Job Order to take
advantage of a scheduled update of the Construction Task Catalog. In that
event, the Contractor shall use the Construction Task Catalog that would
have been in effect without the delay."
6. Appendix D Sample Contract, has been revised as follows:
Delete the following paragraph;
and replace with the following:
"The Contractor shall perform all work required. necessary, proper for or incidental to
completing the Detailed Scope of Work called for in each individual Job Order issued pursuant
to this Contract for the Unit Prices set forth in the Construction Task Catalog® and the following
Adjustment Factors:
ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
For each category of work (vertical, horizontal, seawall/coastal), the City may negotiate any or
all of the four (4) Adjustment Factors to be applied to the Unit Prices as noted below for projects
not pursuant to federal or other grants;
Normal Working Hours Adiustment Factor: means the hours contained in the applicable
noise ordinance, and in the event there is no applicable noise ordinance, means the hours
from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays:
Other Than Normal Working Hours Adiustment Factor: means the hours outside the
applicable noise ordinance and in the event there is no applicable noise ordinance, means
the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday, Sunday. and
City Holidays:
Normal Working Hours Adiustment Factor - Prevailing Wages and Local Workforce per
Chapters 31-27 and 31-40 of the City code (See Appendix F): means the hours contained
in the applicable noise ordinance and in the event there is no applicable noise ordinance,
means the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City HolidaVs:
Other Than Normal Workinq Hours Adiustment Factor - Prevailing Wa_qes and Local
Workforce per Chapters 31-27 and 31-40 of the City code (See Appendix F): means the
hours outside the applicable noise ordinance and in the event there is no applicable noise
ordinance means the hours of 4:01 p.m. to 6.59 a.m. Monday through Friday and all day
Saturday, Sunday, and City Holidays:
In addition for each category of work (vertical, horizontal, seawall/coastal), the CitV may
negotiate any or all of the four (4) Adjustment Factors to be applied to the Unit Prices as noted
below for projects pursuant to federal or other _grants:
5 ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
Normal Working Hours Adjustment Factor: means the hours contained in the applicable
noise ordinance, and in the event there is no applicable noise ordinance, means the hours
from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays:
Other Than Normal Working Hours Adjustment Factor: means the hours outside the
applicable noise ordinance, and in the event there is no applicable noise ordinance, means
the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday Sunday, and
Cif Holidays:
Normal Workinq Hours Adiustment Factor - Davis Bacon Wages: means the hours
contained in the applicable noise ordinance, and in the event there is no applicable noise
ordinance, means the hours from 7:00 a.m. to 4:00 am. Monday through Friday except for City
Holidays:
Other Than Normal Workinq Hours Adjustment Factor - Davis Bacon Wages: means the
hours outside the applicable noise ordinance, and in the event there is no applicable noise
ordinance, means the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day
Saturday, Sunday, and City Holidays:
Ill, RESPONSES TO QUESTIONS RECEIVED:
Q1, Appendix B — Insurance Requirements, Item E shows : LIQUOR LIABILITY INSURANCE, Is this insurance
required for this RFQ?
Al. Please disregard the insurance requirements provided in the RFQ. Insurance requirements
will be negotiated with the successful proposers.
02. JOC Supplemental Conditions Section 3.4.1 states that the Contractor shall use the Adjustment Factors in
effect on the date the Price Proposal is due. Can these Adjustment Factors be modified by the Contractor
A2. No, the adjustment factors agreed upon and set forth in the executed contract shall remain
in effect for the duration of the contract. In addition, refer to Addendum No 1, Revision 1.
However, the pricing in the CTC will be adjusted annually as described herein.
6 ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
Q3. If the City and the Contractor are not able to agree on a Job Order Price Proposal, please confirm that
rejection or cancellation of the Project, as stated in JOC Supplemental Conditions Section 4.3, are the City's
sole remedies.
A3. The City may also elect not to award future individual Job Orders to a selected Contractor
based on any of the criteria listed under Appendix C, JOC Supplemental Conditions, Section 1
— Contractor Selection, including past cumulative performance and the factors included in
Section 2-369 of the City Code.
Q4. Pre -Priced Task Order: Please provide an example for a simple 100 LF seawall with concrete reinforced
cap.
A4. Please refer to Attachment A Construction Task Catalog - Section 35/35-31-16-13 Concrete
Seawalls.
Q5. Please provide a sample of equipment rates from the CTC — please advise if these are fully operated / are
they similar to Blue Book Rates
A5. Refer to attachments A-C.
Q6. If the City has determined the task to be either Pre -priced and or Non Pre -Priced Task and the Contractor
disagrees, how can the Contractor discuss with the city if as per 3.4.3.5. the selection will be final, binding, and
conclusive.
A6. A Non Pre -priced Task is a task not set forth in the Construction Task Catalog®. The
Contractor must submit three independent quotes for all materials to be installed. If three quotes
or bids cannot be obtained, the Contractor will provide the reason in writing for the City's
approval.
Q7. When utilizing the CTC for pre -priced task orders, please advise if set production rates (manhour factors)
are defined.
A7. The Construction Task Catalog® (CTC) was developed and customized by The Gordian
Group,inc. specifically for City of Miami Beach, priced locally using current labor, material and
equipment costs, and published in March 2023.
Q8. The JOC 1 % System License Fee — is this included in all Non -Pre Priced and Pre -Priced task orders, please
provide a sample calculation of how this can be added into the adjustment factors.
A8. The Contractor shall pay a 1% JOC System License Fee for all Job Orders issued in
connection with this Contract. The JOC System License fee will be included in the Contractor's
proposed Adjustment Factors.
Q9. Please clarify how the adjustment factors are calculated and/or modified and provide an example.
7 ADDENDUM NO.3
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A9. Refer to Addendum No. 1, Revision I.
Q10. Is there an engineer's estimate?
A10. No specific project is contemplated at this time.
Q11. How long is the term of pre -qualification?
A11. The Base Term of the Contract is three (3) years. There are two (2), one (1) renewal option
terms. Both parties must agree to extend the Contract for an Option Term. The duration of each
Option Term is one (1) year. The City Manager and Contractor may agree to extend the term of
an Option Term.
Q12. Are you able to please provide the Construction Task Catalog and The Technical Specifications?
Al2. Refer to Attachment A.
Q13. Licensure Requirements in Bid Solicitation Documents. Horizontal Construction Projects - Bidder (defined
as the Proposing Firm) shall hold a currently active State of Florida Certified General Contractor, OR Miami
Dade County Licensed General Contractor.
Can the City of Miami Beach consider changing the requirements to allow State Certified Underground
Contractor License (CUC) or State Certified Building Contractors License (CBC) for the Horizontal
Construction Contract? See supporting information below regarding the services allowed to be performed
per the Florida State Statutes.
A. State CUC License Qualification for Work Licensed to be Performed.
Under the State of Florida, a CUC or Certified Underground Contractor License allows our firm
to perform a series of underground utilities services including the repair, alterations of roadway,
and appurtenances, which we would think covers the scope of the Horizontal Construction
Projects as there are separate categories for Vertical and Seawall Construction.
B. Alternatively, we hold a State CBC (Certified Building Contractor) License Qualification for Work
Licensed to be Performed.
Under the State of Florida Licensure Requirements and definitions, the only difference
between the qualifications of a CGC and a CBC is that CBC are limited to the height of
new structures built under that license of 3 stories or less. All other qualified
construction services are licensed under the CBC. Unless the intent of this contract is
to utilize the "Horizontal Construction Projects" category to construct building 4 stories
or taller, the
Please see the attached excerpts below from the Florida Statutes describing construction activities allowed by
the State under the each license.
8 ADDENDUM NO. 3
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(b) "Building contractor" means a contractor whose services are limited to construction of commercial
buildings and single -dwelling or multiple- dwelling residential buildings, which do not exceed three 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.
(n) "Underground utility and excavation contractor" means a contractor whose services are limited to the
construction, installation, and repair, on public or private property, whether accomplished through open
excavations or through other means, including, but not limited to, directional drilling, auger boring, jacking and
boring, trenchless technologies, wet and dry taps, grouting, and slip lining, of main sanitary sewer collection
systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from
the main systems to a point of termination up to and including the meter location for the individual occupancy,
sewer collection systems at property line on residential or single -occupancy commercial properties, or on
multioccupancy properties at manhole or wye lateral extended to an invert elevation as engineered to
accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer
structures. However. an underground utility and excavation contractor may install empty underground conduits in
rights -of -way, easements, platted rights -of -way in new site development, and sleeves for parking tot crossings no
smaller than 1 inches in diameter if each conduit system installed is designed by a licensed professional engineer or
an authorized employee of a municipality, county, or public utility and the installation of such conduit does not
include installation of any conductor wiring or connection to an energized electrical system. An underground utility
and excavation contractor may not install piping that is an integral part of a fire protection system as defined in s.
633.102 beginning at the point where the piping is used exclusively for such system.
121 A person must be certified or registered in order to engage in the business of contracting in this state.
However, for purposes of complying with the provisions of this chapter, a subcontractor who is not certified or
registered may perform construction work under the supervision of a person who is certified or registered, providei
that the work is within the scope of the supervising contractor's license, the supervising contractor is responsible
for the work. and the subcontractor being supervised is not engaged in construction work that would require a
license as a contractor under any of the categories listed in s. 489.105131ld)-(o). This subsection does not affect
the application of any local construction licensing ordinances. To enforce this subsection:
(a) A general, building, or residential contractor, except as otherwise provided in this part, shall be responsible
for any construction or alteration of a structural component of a building or structure, and any certified general
contractor or certified underground utility and excavation contractor may perform clearing and grubbing, grading,
excavation, and other site work for any construction project in the state. Any certified building contractor or
certified residential contractor may perform clearing and grubbing, grading, excavation, and other site work for
any construction project in this state, limited to the lot on which any specific building is located.
(9)(a) This part does not prevent any contractor from acting as a prime contractor where the majority of the
work to be performed under the contract is within the scope of his or her license or from subcontracting to other
licensed contractors that remaining work which is part of the project contracted.
A13. The Minimum Eligibility Requirements for the "Horizontal Construction Projects" contract
is that the Bidder shall hold a currently active State of Florida Certified General Contractor OR
Miami Dade County Licensed General Contractor. Specific project assignments may have
additional licensure requirements with which the contractor would need to comply.
014. Does the extension provided also allow for additional questions/clarifications regarding the submittal of
this RFQ?
A14. The deadline for questions was March 10, 2023 at 5:00 pm ET.
ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
Q14. We are currently working on the RFQ mentioned above and after further review we have notice that the
Bid Form to input our Factors/values is not part of any of the RFQ documents nor addendums?
A14. Adjustment factors are not to to be submitted at this time. The purpose of the RFQ is to
select the best qualified (as determined by the City) contractor(s). Responses pursuant to the
RFQ are not to include cost or scope. Rather, as required per the RFQ, proposers are to submit
their qualifications as indicated in Section 0300. After selection, the City and the selected
contractor(s) will negotiate terms and adjustment factors. In addition, refer to Addendum No 1,
Revision 1.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the
individual named below, with a copy to the City Clerk's Office at RafaelGrarado@miamibeachfl.gov
Contact:
Telephone:
Email:
Kristy Bada
305-673-7000 ext. 7490
KristyBada@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have
elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire
with the reason(s) for not submitting a proposal.
)ntracting Manager
END OF ADDENDUM NO. 3
io ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS (RFQ) No. 2023-096-KB
JOB ORDER CONTRACTING SERVICES — HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
MIAMIBEACH
ADDENDUM NO. 2
REQUEST FOR QUALIFICATIONS (RFQ)
2023-096-KB
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 31d Floor
Miami Beach, Florida 33139
www.miamibeachfi.gov
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
March 16, 2023
This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or
other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions
are shown by strikethrough and additions are underlined).
REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until
3:00 p.m. on Monday, April 17, 2023.
All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be
accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy
bids or bids received electronically, either through email or facsimile, submitted prior to or after the
deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted,
bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by
technical difficulty or caused by any other occurrence.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Telephone:
Email:
Kristy Bada
305-673-7000 ext. 7490
KristyBada@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential
proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to
Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal.
Gllr____
'ontracting Manager
1 1 ADDENDUM NO.2
REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
MIAMIBEACH
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
www,miamibeachfl.gov
ADDENDUM NO. 1
REQUEST FOR QUALIFICATIONS (RFQ)
2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
February 10, 2023
This Addendum to the above -referenced RFQ is issued in response to questions from prospective proposers, or
other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions
are shown by strikethrough and additions are underlined).
REVISION: Section 0100 — Instructions to Respondents & General Conditions, Subsection 12. 1, of the RFQ,
is hereby amended as follows:
12.1 NEGOTIATION. Selection, pursuant to Sub -Section 12, shall not be interpreted as a guarantee of a
contract. Following SeleGWR the City Commission's approval of the City Manager's recommendation
pursuant to Sub -Section 12, the City reseFves the rinh++„ will enter into further negotiations with the selected
firms. Negotiations will to include but not be limited to applicable contract provisions and the adjustment
factors that will be applicable to each category of work. The City may equalize the adjustment factor amongst
all contractors for similar categories. Notwithstanding the preceding, the City is in no way obligated to enter
into a contract with the selected Proposer(s) in the event the parties are unable to negotiate a contract. It is
also understood and acknowledged by Proposer(s) that no property, contract or legal rights of any kind shall
be created at any time until and unless an Agreement has been agreed to, approved by the City, and
executed by the parties.
II. REVISION: Section 0400 — Proposal Evaluation, Subsection 1 of the RFQ, is hereby amended as follows.
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, may meet to
evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the
Evaluation Committee may review and score all proposals received, with or without conducting
interview sessions. City staff will assign points for the quantitative criteria. It is important to note that
the Evaluation Committee is advisory only and does not make an award recommendation to the City
Manager or the City Commission. The results of Step 1 & Step 2 Evaluations will be forwarded to the
City Manager who will utilize the results to make a recommendation to the City Commission.
a. In the event that only one responsive proposal is received, the City Manager, after
determination that the sole responsive proposal materially meets the requirements of the
RFQ, may, without an evaluation committee, recommend to the City Commission that
the Administration enter into negotiations.
b. The CitManager may recommend that the City Commission authorize negotiations or
award a contract to one or more firms in accordance with Section 0100, Sub -section 12;
or
c. The City Manager may Recommend that the City Commission short-list one or more
firms for further consideration by the Evaluation Committee; or
1 ADDENDUM NO.1
REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
MIAMIBEACH
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3,d Floor
Miami Beach, Florida 33139
www.miamibeachfl.gov
d. The City Manager may recommend to the City Commission that all firms if more than
one (1) responsive submittal is received, be rejected.
1.1 PRESENTATIONS BY SHORT-LISTED FIRMS. If a short -listing of firms
responding to this RFQ is approved, the short-listed firms may be required to make
presentations to and be interviewed by the Evaluation Committee. In further
considering the short-listed firms, the Evaluation Committee will utilize the criteria
set forth in Sub -section 4 below.
1.2 TECHNICAL ADVISORS. The City, in its discretion, may utilize technical or other
advisers to assist the evaluation committee or the Citv Manager in the evaluation of
proposals.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact:
Telephone:
Email:
Kristy Bada
305-673-7000 ext. 7490
KristyBada@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential
proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to
Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal.
Si cer ly,
risty da
rocu em nt Contracting Manager
ADDENDUM NO. 1
REQUEST FOR QUALIFICATIONS (RFQ) 2023-096-KB
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL, VERTICAL, SEAWALL/COASTAL CONSTRUCTION
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
ATTACHMENT C
SUNBIZ & PROPOSAL RESPONSE TO ITB
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
ATTACHMENT D
INSURANCE REQUIREMENTS
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA80F19E8A8
MIAMI BEACH
INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the
contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or
renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or
termination of the contract.
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and
Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the
Vendor and each employee shall hold the City harmless from any injury incurred during performance of the
Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees
and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any
additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence, and $2,000,000 general aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage
for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily
injury and property damage.
D. Umbrella Liability Insurance in an amount no less than $4,000,000 per occurrence. The umbrella coverage
must be as broad as the primary General Liability coverage.
Liquor Liability Insurance on an occurrence basis, including property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence.
Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all
liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and
automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor's insurance.
Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except
with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.
Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of
subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver
of subrogation endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not
rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be
considered if they are licensed and authorized to do insurance business in the State of Florida.
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19EBA8
Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or
copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements
are to be received and approved by the City before work commences. However, failure to obtain the required documents
prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any
time.
CERTIFICATE HOLDER MUST READ:
City of Miami Beach
c/o Exigis Insurance Compliant Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at:
Certificates-miamibeach cDriskworks.com
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits,
based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or
under any other section of this agreement.
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
RESOLUTION NO 1 2023-32674
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2023-
096-KB FOR JOB ORDER CONTRACTING (JOC) SERVICES FOR HORIZONTAL,
VERTICAL, AND SEAWALL/COASTAL CONSTRUCTION; AUTHORIZING THE
ADMINISTRATION TO ESTABLISH A POOL OF PRE -QUALIFIED
CONTRACTORS AS SET FORTH IN ATTACHMENT A FOR THE CATEGORIES
OF HORIZONTAL, VERTICAL, AND SEAWALL/COASTAL CONSTRUCTION;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
AGREEMENTS WITH EACH OF THE RECOMMENDED PROPOSERS UPON THE
CONCLUSION OF SUCCESSFUL NEGOTIATIONS WITH EACH VENDOR; AND
FURTHER REQUIRING THAT ANY PROJECT TASK ORDER WITH A VALUE
GREATER THAN $2 MILLION BE SUBJECT TO PRIOR APPROVAL BY THE
MAYOR AND CITY COMMISSION.
WHEREAS, JOC is a project delivery method utilized by many public organizations to
expedite construction projects through competitively bid, fixed price, multi -year contracts. JOC
contracts are based on a construction task catalog, which includes unit pricing for over 300,000
tasks potentially needed on a project, and an agreed -upon multiplier, which covers the contractor's
overhead, insurance, and profit; and
WHEREAS, one of the most important considerations in a JOC process is a comprehensive
and accurate construction task catalog ("CTC"); and
WHEREAS, the City has partnered with The Gordian Group, the nation's leading provider of
facility and construction cost data, software, and services for the JOC process and all phases of the
building lifecycle; and
WHEREAS, the Gordian Group prepares a CTC that is issued with the solicitation and is
based on construction task pricing in the local area, which may be adjusted annually based on local
market pricing fluctuations; and
WHEREAS, when a project is ready for construction, a contractor and the organization work
together to develop the task order for the construction phase of the project based on the CTC tasks
needed for the project; and
WHEREAS, through JOC, projects can move from design to construction in a matter of
weeks, not months as is typical when a separate procurement must be processed for each project;
and
WHEREAS, the ability to quickly assign competitively selected contractors to time -sensitive
projects, including projects for maintenance or repairs and projects funded through general
obligation bonds, is critical to expediting the City's capital program and maintenance needs; and
WHEREAS, on October 16, 2019, the Mayor and City Commission approved the award of
contracts to 18 contractors pursuant to ITB 2019-257-KB for job order contracting services in various
categories of work; and
WHEREAS, the agreements for the categories of vertical (building), horizontal (roadwork or
civil), and seawall/coastal are scheduled to expire in November 2023; and
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
WHEREAS, as a result, the Administration prepared Request for Qualifications (RFQ) 2023-
096-KB seeking proposals for a replacement contract; and
WHEREAS, on February 1, 2023, the Mayor and City Commission authorized the issuance
of Request for Qualifications (RFQ) 2023-096-KB for Job Order Contracting (JOC) services for
horizontal, vertical, seawall/coastal construction; and
WHEREAS, on February 3, 2023, the RFQ was issued and a voluntary pre -proposal
conference was held on February 16, 2023, to provide information to proposers submitting a
Response -,and
WHEREAS, the Procurement Department issued bid notices to 57,300 companies through
the e-procurement system, with 123 prospective bidders accessing the advertised solicitation and
RFQ responses were due and received on May 19, 2023; and
WHEREAS, the City received proposals from the following contractors in each category:
Vertical Construction
Carivon Construction Co.
F. H. Paschen
Florida Palm Construction, Inc.
H.A. Contracting Corp
Harbour Construction, Inc.
Lee Construction Group, Inc.
Team Contracting, Inc.
Unitech Builders Corp.
Horizontal Construction
Amici Engineering Contractors LLC
Carivon Construction Comp.
David Mancini Sons, Inc.
F.H. Paschen
Harbour Construction, Inc.
JCI International, Inc. .
Lanzo Construction Co.
Lee Construction Group, Inc.
The Stout Group, LLC
Unitech Builders Corp.
Seawall and Coastal Construction
Adventure Environmental, Inc.
CHC Marine Services
David Mancini Sons, Inc.
Harbour Construction, Inc.
In Depth, Inc.
Kearns Construction Co.
Lee Construction Group
Shoreline Foundation, Inc.
The Stout Group LLC
Unitech Builders Corp.; and
WHEREAS, on June 20, 2023, the evaluation committee appointed by the City Manager via
LTC # 200-2023 convened to consider the proposals received; and
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
WHEREAS, the Committee was comprised of Elizabeth Estevez, Parks Capital Projects
Manager, Parks, and Recreation Department; Herman Fung, Project Manager, Capital Improvement
Projects Office; Francisco Garcia, Division Director, Facilities and Fleet Management Department;
Pablo Gomez, Senior Capital Projects Coordinator; Office of Housing and Community Services;
Matthew LaPera, Construction Manager, Public Works Department; and
WHEREAS, the Committee was provided an overview of the project, information relative to
the City's Cone of Silence Ordinance, and the Government Sunshine Law. The Committee was also
provided with general information on the scope of services and a copy of each proposal; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the
evaluation criteria established in the RFQ, which resulted in the ranking of proposers, as noted
below:
Vertical Construction
1st ranked — Team Contracting, Inc.
2nd ranked — Harbour Construction, Inc.
3rd ranked — Lee Construction Group, Inc.
4th ranked — H.A. Contracting Corp
5th ranked — Unitech Builders Corp.
6th ranked — F. H. Paschen
7th ranked — Carivon Construction Co.
7th ranked — Carivon Construction Co.
8th ranked — Florida Palm Construction, Inc.
Horizontal Construction
1st ranked —Amici Engineering Contractors LLC
2nd ranked — Harbour Construction, Inc.
3rd ranked — David Mancini Sons, Inc.
4th ranked — Lee Construction Group, Inc.
5th ranked — Unitech Builders Corp.
6th ranked — Lanzo Construction Co. (tied)
6th ranked — The Stout Group, LLC (tied)
8th ranked — F.H. Paschen (tied)
8th ranked — JCI International, Inc. (tied)
10th ranked -_Carivon Construction_ Comp.
Seawall/Coastal Construction
1 st ranked — Kearns Construction Co.
2nd ranked — Shoreline Foundation, Inc.
3rd ranked — In Depth, Inc.
4th ranked — CHC Marine Services (tied)
4th ranked — Harbour Construction, Inc. (tied)
6th ranked — David Mancini Sons, Inc.
7th ranked — Adventure Environmental, Inc.
8th'ranked — Lee Construction Group
9th ranked — Unitech Builders Corp.
10th ranked — The Stout Group LLC; and
WHEREAS, the current agreement for JOC services has multiple contractors awarded for
each category of work and during the term of the current agreement, the task orders issued have
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
been issued for approximately 40 projects, with an average project cost of approximately $400,000,
totaling approximately $16 million; and
WHEREAS, accordingly, based on prior usage of the services and the projected volume of
work for which the JOC services would be required, staff recommends awarding to the following top -
ranked contractors in each category:
Vertical Construction
1 st ranked —Team Contracting, Inc.
2nd ranked — Harbour Construction, Inc.
3rd ranked — Lee Construction Group, Inc.
4th ranked — H.A. Contracting Corp
Horizontal Construction
1 st ranked — Amici Engineering Contractors LLC
2nd ranked — Harbour Construction, Inc.
3rd ranked — David Mancini Sons, Inc.
Seawall/Coastal Construction
1 st ranked — Kearns Construction Co.
2nd ranked — Shoreline Foundation, Inc.
3rd ranked — In Depth, Inc.
4th ranked — CHC Marine Services (tied)
4th ranked — Harbour Construction, Inc. (tied)
6th ranked — David Mancini Sons, Inc.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept the
recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 2023-096-
KB for Job Order Contracting (JOC) Services for Horizontal, Vertical, and Seawall/Coastal
Construction; authorize the Administration to establish a pool of pre -qualified contractors as set forth
in Attachment A for the categories of Horizontal, Vertical, and Seawall/Coastal Construction; further
authorize the City Manager and City Clerk to execute agreements with each of the recommended
proposers upon the conclusion of successful negotiations with each vendor; and further require that
any project task order with a value greater than $2 million be subject to prior approval by the Mayor
and City Commission.
PASSED AND ADOPTED this dG
ATTEST: JUL 2 8 9023
RAFAEL'E. GRANADO, CITY CLERK
day of2023.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-1
City Attorney _OR,�F Date
DAN GELBER, MAYOR
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
Competitive Bid Reports - C2 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 26, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS
(RFQ) NO. 2023-096-KB FOR JOB ORDER CONTRACTING (JOC)
SERVICES FOR HORIZONTAL, VERTICAL, AND SEAWALL/COASTAL
CONSTRUCTION; AUTHORIZING THE ADMINISTRATION TO ESTABLISH
A POOL OF PRE -QUALIFIED CONTRACTORS AS SET FORTH IN
ATTACHMENT A FOR THE CATEGORIES OF HORIZONTAL, VERTICAL,
AND SEAWALL/COASTAL CONSTRUCTION; AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH
OF THE RECOMMENDED PROPOSERS UPON THE CONCLUSION OF
SUCCESSFUL NEGOTIATIONS WITH EACH VENDOR; AND FURTHER
REQUIRING THAT ANY PROJECT TASK ORDER WITH A VALUE
GREATER THAN $2 MILLION BE SUBJECT TO PRIOR APPROVAL BYTHE
MAYOR AND CITY COMMISSION.
RECOMMENDATION
It is recommended that the Mayor and City Commission approve the Resolution accepting the
City Manager's recommendation pertaining to the proposals received, pursuant to Request for
Qualifications (RFQ) 2023-096-KB, for job order contracting (JOC) services for horizontal,
vertical, seawall/coastal construction. The Resolution authorizes the Administration to establish a
pool of prequalified contractors, as set forth in Attachment A, for the categories of horizontal,
vertical, and seawall/coastal construction. The Resolution also authorizes the City Manager and
City Clerk to execute an agreement upon the conclusion of successful negotiations and requires
that any project task order with a value greater than $2 million be subject to prior approval by the
Mayor and City Commission. Any task order for a project with a value of up to $2 million will be
approved by the City Manager or designee and will continue to be reported monthly to the Mayor
and City Commission.
The solicitation is currently under the cone of silence.
BACKGROUND/HISTORY
JOC is a project delivery method utilized by many public organizations to expedite construction
projects through competitively bid, fixed price, multi -year contracts. JOC contracts are based on
Page 39 of 1588
DocuSign Envelope ID C0F5E6B4-2EE3-475A-88CD-2CA80F19E8A8
a construction task catalog, which includes unit pricing for over 300,000 tasks potentially needed
on a project, and an agreed -upon multiplier, which covers the contractor's overhead, insurance,
and profit. JOC has been used extensively for over 40 years by federal, state, and local
organizations. A white paper on the JOC process is attached hereto as Attachment B.
One of the most important considerations in a JOC process is a comprehensive and accurate
construction task catalog ("CTC"). To that end, the City has partnered with The Gordian Group,
the nation's leading provider of facility and construction cost data, software, and services for the
JOC process and all phases of the building lifecycle. The Gordian Group prepares a CTC that
is issued with the solicitation and is based on construction task pricing in the local area. The
CTC may be adjusted annually based on local market pricing fluctuations.
When a project is ready for construction, a contractor and the organization work together to
develop the task order for the construction phase of the project based on the CTC tasks
needed for the project. The multiplier, which is preset in the contract, is applied to the sum of all
CTC tasks that will be required for the project. The multiplier includes the contractor's overhead,
insurance, and profit. The steps of the task order development phase are outlined below.
Step 1 — Joint Scope Meeting: City and contractor review project and design details.
Step 2 — Price Proposal: Contractor prepares a detailed price proposal by selecting the tasks in
the CTC needed for the project. The contract multiplier is applied to the sum of all CTC tasks.
Step — Price Proposal Review: City reviews price proposal to ensure that the correct CTC
tasks, quantities, and multiplier have been applied.
Step 4 — Task Order Approval: Task orders with a value of up to $2 million will be approved by
the City Manager or designee. Task orders with a value greater than $2 million to be subject to
prior approval by the Mayor and City Commission.
Step 55 — The contractor provides the bonds (if applicable) and the work may commence.
Through JOC, projects can move from design to construction in a matter of weeks, not months
as is typical when a separate procurement must be processed for each project. The ability to
quickly assign competitively selected contractors to time -sensitive projects, including projects
for maintenance or repairs and projects funded through general obligation bonds, is critical to
expediting the City's capital program and maintenance needs.
On October 16, 2019, the Mayor and City Commission approved the award of contracts to 18
contractors pursuant to iTB 2019-257-KB forjob order contracting services in various
categories of worts. The Agreements for the categories of vertical (building), horizontal
(roadwork or civil), and seawall/coastal are scheduled to expire in November 2023. As a result,
the Administration prepared Request for Qualifications (RFQ) 2023-096-KB seeking proposals
for a replacement contract.
ANALYSIS
On February 1, 2023, the Mayor and City Commission authorized the issuance of Request for
Qualifications (RFQ) 2023-096-KB for Job Order Contracting (JOC) services for horizontal,
vertical, seawall/coastal construction. On February 3, 2023, the RFQ was issued. A voluntary
pre -proposal conference was held on February 16, 2023, to provide information to proposers
submitting a response. The Procurement Department issued bid notices to 57,300 companies
through the e-procurement system, with 123 prospective bidders accessing the advertised
solicitation. RFQ responses were due and received on May 19, 2023. The City received
proposals from the following contractors in each category:
Page 40 of 1588
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
Vertical Construction
Carivon Construction Co.
F. H. Paschen
Florida Palm Construction, Inc.
H.A. Contracting Corp
Harbour Construction, Inc.
Lee Construction Group, Inc.
Team Contracting, Inc.
Unitech Builders Corp.
Horizontal Construction
Amici Engineering Contractors LLC
Carivon Construction Comp.
David Mancini Sons, Inc.
F.H. Paschen
Harbour Construction, Inc.
J C I International, Inc.
Lanzo Construction Co.
Lee Construction Group, Inc.
The Stout Group, LLC
Unitech Builders Corp.
Seawall and Coastal Construction
Adventure Environmental, Inc.
CHC Marine Services
David Mancini Sons, Inc.
Harbour Construction, Inc.
In Depth, Inc.
Kearns Construction Co.
Lee Construction Group
Shoreline Foundation, Inc.
The Stout Group LLC
Unitech Builders Corp.
On May 2, 2023, the City Manager appointed the Evaluation Committee via LTC # 200-2023.
The Evaluation Committee convened on June 20, 2023, to consider the proposals received.
The Committee was comprised of Elizabeth Estevez, Parks Capital Projects Manager, Parks,
and Recreation Department; Herman Fung, Project Manager, Capital Improvement Projects
Office; Francisco Garcia, Division Director, Facilities and Fleet Management Department;
Pablo Gomez, Senior Capital Projects Coordinator; Office of Housing and Community
Services, Matthew LaPera, Construction Manager, Public Works Department. The Committee
was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance, and the Government Sunshine Law. The Committee was also provided with general
information on the scope of services and a copy of each proposal. The Committee was
instructed to score and rank each proposal pursuant to the evaluation criteria established in the
RFQ. The evaluation process resulted in the ranking of proposers, as noted in Attachment B
and below.
Vertical Construction
Page 41 of 1588
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1st ranked—
Team Contracting, Inc.
2nd' ranked —
Harbour Construction, Inc.
3rd ranked -
Lee Construction Group, Inc.
4th ranked -
H.A. Contracting Corp
5th ranked —
Unitech Builders Corp.
6th ranked —
F. H. Paschen
7th ranked —
Carivon Construction Co.
8th ranked —
Florida Palm Construction, Inc.
Horizontal Construction
1st ranked —
Amici Engineering Contractors LLC
2nd ranked —
Harbour Construction, Inc.
3rd ranked —
David Mancini Sons, Inc.
4th ranked —
Lee Construction Group, Inc.
5th ranked —
Unitech Builders Corp.
6th ranked —
Lanzo Construction Co. (tied)
6th ranked —
The Stout Group, LLC (tied)
8th ranked —
F.H. Paschen (tied)
8th ranked —
JCI International, Inc. (tied)
1 Oth ranked —
Carivon Construction Comp.
Seawall/Coastal Construction
1 st ranked —
Kearns Construction Co.
2nd ranked —
Shoreline Foundation, Inc.
3rd ranked —
In Depth, I nc.
4th ranked —
CHC Marine Services (tied)
4th ranked —
Harbour Construction, Inc. (tied)
6th ranked —
David Mancini Sons, Inc.
7th ranked —
Adventure Environmental, Inc.
8th ranked —
Lee Construction Group
9th ranked —
Unitech Builders Corp.
1 Oth ranked —
The Stout Group LLC
The current agreement for JOC services has multiple contractors awarded for each category of
work. During the term of the current agreement, the task orders issued have been issued for
approximately 40 projects, with an average project cost of approximately $400,000, totaling
approximately $16 million. Accordingly, based on prior usage of the services and the projected
volume of work for which the JOC services would be required, staff recommends awarding to
the following top -ranked contractors in each category. A summary of each firm is available upon
req uest.
Vertical Construction
1 st ranked — Team Contracting, Inc.
2nd ranked — Harbour Construction, Inc.
Page 42 of 1588
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
31d ranked — Lee Construction Group, Inc.
Ott' ranked — H.A. Contracting Corp
Horizontal Construction
1st ranked — Amici Engineering Contractors LLC
2nd ranked — Harbour Construction, Inc.
3rd ranked — David Mancini Sons, Inc.
Seawall/Coastal Construction
1st ranked —
Kearns Construction Co.
2nd ranked —
Shoreline Foundation, Inc.
3rd ranked —
In Depth, Inc.
4th ranked —
CHC Marine Services (tied)
4th ranked —
Harbour Construction, Inc. (tied)
6th ranked —
David Mancini Sons, Inc.
The Administration will typically select a contractor for a project on a rotational basis to maintain
equity among the awarded contractors. For unique projects requiring a specific competency, the
requesting department may review contractor qualifications and recommend a specific
contractor based on unique skills or experience.
SUPPORTING SURVEY DATA
Not Applicable.
FINANCIAL INFORMATION
The Administration will enter into negotiations with the selected contractors to include but not be
limited to applicable contract provisions and the adjustment factors that will be applicable to
each category of work. The City may equalize the adjustment factor amongst all contractors for
similar categories. Notwithstanding the preceding, the City is in no way obligated to enter into a
contract with the selected Proposer(s) in the event the parties are unable to negotiate a contract.
During the term of the current agreement, the City has project task orders totaling approximately
sixteen million dollars, with an average project size of $400,000. However, the City anticipates
that the volume of work pursuant to the JOC program will increase due to recent bond programs
approved and as more projects require expediting, including resiliency projects such as the city-
wide seawall initiative and deferred maintenance projects.
It is anticipated that the majority of projects issued under this RFQ will be valued below $2
million. Projects above $2 million will require prior approval by the Mayor and City Commission.
Any task order for a project with a value of up to $2 million will continue to be included in the
Procurement Report LTC issued monthly.
CONCLUSION
The JOC program will continue to provide a resource to expedite smaller, critical needs and GO
Bond projects through competitively selected contractors that can be quickly deployed. After
Page 43 of 1588
DocuSign Envelope ID: C0F5E6B4-2EE3-475A-88CD-2CA80F19E8A8
considering the submissions, the Evaluation Committee process, the lists of capital projects and
GO Bond projects for which the JOC program is appropriate, it is recommended that the
Administration be authorized to negotiate with following contractors in each category of work in
order to establish a pool of prequalified J OC contractors for expediting future work.
Vertical Construction
Team Contracting, Inc.
Harbour Construction, Inc.
Lee Construction Group, Inc.
H.A. Contracting Corp
Horizontal Construction
Amici Engineering Contractors LLC
Harbour Construction, Inc.
David Mancini Sons, Inc.
Seawall/Coastal Construction
Kearns Construction Co.
Shoreline Foundation, Inc.
In Depth, Inc.
CHC Marine Services
Harbour Construction, Inc.
David Mancini Sons, Inc.
Upon approval of this item, staff will negotiate with the recommended firms to establish the
terms and conditions and the multiplier (i.e., overhead, insurance, and profit) that will be applied
to the sum of all CTC tasks as a percent.
As has been stated, the J OC program provides a competitively awarded process for expediting
many projects as the contractors are preselected and can be quickly assigned a project without
the need to issue a competitive solicitation every time a project is identified. For the contract that
may result from this RFQ, the Administration anticipates that many of the capital renewal and
replacement or priority projects will continue to be expedited through the JOC program. J OC
was also helpful in completing a number of quick -win projects from the 2018 GO Bond. In
addition, J OC is anticipated to be utilized on smaller projects (less than $2 million) that will need
to be expedited as part of the GO Bond —Arts and Culture, including portions or
repair/replacement projects at the Bass Museum, Miami City Ballet, The Colony Theater, the
Miami Beach Botanical Garden, Art Deco Welcome Center, the North Beach Oceanfront
Center (UNIDAD), and others. Any project with a value greater than $2 million will require
approval of the Mayor and City Commission. Also, the Public Works Department conducted a
seawall prioritization effort that identified 66 segments that require work, with approximately
15,000 linear feet of seawall construction planned. The Department is anticipating expediting
completion of these projects through the JOC program.
For the reasons stated herein, it is recommended that the Mayor and City Commission approve
the Resolution authorizing the Administration to establish a pool of prequalified contractors, as
set forth in Attachment A for the categories of horizontal, vertical, and seawall/coastal
construction; and further authorizing the City Manager and City Clerk to execute agreements with
each of the foregoing proposers upon conclusion of successful negotiations providing that any
task order for a specific project which is greater than $2 million be subject to prior approval by
Page 44 of 1588
DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA8OF19E8A8
the Mayor and City Commission. Any task order for a project with a value of up to $2 million will
continue to be reported to the City Commission monthly.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item,.pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
C I P/Facilities/Parks/Public Works/Transportation/Procurement
ATTACHMENTS:
Description
❑ Attachment A - Recommended Contractors
❑ Attachment B - JOC White Paper
❑ Attachment C - Evaluation Committee Results
❑ Resolution
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ATTACHMENT A
Request for Qualifications (RFQ)
2023-096-KB
Job order Contracting ("JOC') For Horizontal, Vertical, Seawall/Coastal Construction
Vertical Construction
Team Contracting, Inc.
Harbour Construction, Inc.
Lee Construction Group, Inc.
H:A. Contracting Corp
Horizontal Construction
Amid Engineering Contractors LLC
Harbour Construction, Inc.
David.Mancini Sons, Inc.
Seawall and Coastal Construction
Kearns Construction, Co.
Shoreline Foundation, Inc.
In Depth, Inc.
CHC Marine Services
Harbour Construction, Inc.
David Mancini Sons, Inc.
Page 46 of 1588
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RSMeans Business Solutions
'.a{.Z�iZ"1�'fV.�+�
Y
Methods and Techniques of jOC Implementation
Presented by RSMeans Business Solutions
Robert Gair, Principal
Executive Summary
Job Order Contracting (JOC), is a general contracting method for the delivery of maintenance, upgrade and
refurbishment services for buildngs. JOC greatly reduces the amount of estimating and bidding activities
needed to precede the work, allows for quicker delivery, and helps foster long-term relationships between
the client and the general contractor which are based on the quality delivery of services.
JOC is philosophically similar to the design -build methodology that is used for "ground up" (e.g., new
buildings) facility construction. Construction professionals who are familiar with design -build should be
comfortable with the use of JOC. JOC was developed in the early eighties by the U.S. Department of Defense
to expedite the routine repair and maintenance of worldwide military facilities in order to decrease the
inherent inefficiencies in traditional design -bid -build practices when applied to a large volume of small
projects.
From the experiences of those who have implemented it, the key to the successful application of JOC is to
understand the fundamental methodology and its strengths and limitations. JOC is most successful when
applied to the general contracting situations for which it was designed — a large number of repair,
refurbishment and upgrade projects performed by a single contractor, or limited number of general
contractors, under a fixed -price bid. The contractors are constantly evaluated on the quality of the work
delivered. However, for either end of the contracting spectrum, ground up (new) or specialty (craft)
contracting, JOC is not an optimal solution.
Since JOC revolves around the use of a mutually accepted Unit Price Book (UPB) and estimating techniques,
accurate and timely location construction data is critical. To this end, it is fundamental to the success of JOC
that both.parties understand the components of the JOC line -item estimates, and the workup of JOC
estimates for any given scope of work.
In this RSMeans Technical White Paper, we present a discussion of the findings of our interviews with construction
executives who use JOC across a range of settings —font the general contractor's perspective, as well as that of the
client, to private and public construction markets. Our discussions have shown that construction innovators on both
sides of the table (client and contractor alike) are expanding the application of JOC — successfully modifying the
original methodology to suit their needs, which are always centered around the quality delivery of a large number of
simultaneous repair, refurbish and upgrade projects. Benefits in terms of quicker scheduling and completion, better
quality work, better value over traditional design -bid -build. methods, and higher end -user satisfaction are commonplace.
Page 47 of 1588
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Methods and Techniques of JOC Implementation
JOC Utilization Among Various Industries
In the school and municipal sectors, there appears to be growing adoption of the JOC methodology.
The critical factor always seems to be the amount of experience and familiarity with JOC procedures.
In some cases, state legislation can pose obstacles (having been written in an era of multiple bid, lowest
price contracting, and without the awareness of the single -award, multiple -project nature of JOC), but in
many states, the legislation is simply silent on the issue. Certain states (most notably, Texas, Arizona and
Washington, to name a few) have embraced JOC as a contracting tool for state contracts. In certain cases,
facilities engineering and construction managers who are ex -military have been hired and can bring
the JOC methodologies into the organization.
Another issue that is driving the adoption of JOC is reduced budgets. The budgets require owners to obtain
more value for the construction dollar, and often, owners attempt to utilize in-house maintenance staffs for
repair, renovation and refurbishment projects. In-house staffs may not be well -suited for these projects, and
other maintenance duties are detracted from. All of these factors together tend to push organizations toward
the adoption of JOC.
The JOC approach dramatically cuts engineering, design, and contract procurement time by awarding long-term
contracts for a wide variety of renovation, repair and minor construction jobs. JOCs typically are awarded with
durations of 3 to 6 years. Annual volumes on specific JOCs can range from $1 million to $100 million. Typical average
values are in the range of $50,000 to $5,000,000. The method of pricing under the terms of a JOC contract is a Unit
Price Book (UPB) which has 40,000 to 60,000 line items organized in the Construction Specifications Institute's CSI
Divisions.
JOCs are usually awarded on the basis of a combination of, the contractor's technical/management proposal
and coefficient, with strong consideration given to the contractor's past performance on similar work. Many
JOCs are awarded to contractors who do not submit the lowest coefficient, but rather have a superior
technical/management proposal and demonstrate strong past performance. Using contract coefficients and
the RSMeans UPB minimizes. the potential for differences of opinion between the owner and contractor over
pricing of the individual delivery orders. The owner's review of the contractor's proposal usually focuses on
three basic issues:
• Is the line item selected appropriate for the scope of the work?
• Does the line item in the proposal reflect the correct quantity of work involved?
• Is the proposal within the owner's budget?
Current JOC Practices
The implementation of JOC has expanded beyond its original methodology, and diverse practices that
enhance the benefits of JOC (e.g., substantial reductions in project bid -to -completion time, better value
for the construction dollar, better contractor/client relationships, and high levels of end -user satisfaction with
construction services for the owner) are noted.
Size of Contractor — Orientation Toward JOC and Owner View
Several construction services clients observed that JOC seems to be favored by medium-sized contractors (ranging from
$20 million to $50 million in annual billings) who would typically have about 20% to 25% of their annual revenue in JOC
awards. The contractors use this relatively predictable work to smooth out cash flow during the year.
The contractor has to be of sufficient size and have a field supervisor on site, sometimes as a
"working" supervisor. Typically, this would be a contracting firm with at least four or five field supervisors on staff.
Conversely, this tends to limit the participation of the larger contractors, whom, the client respondents believe, tend not
to assign the proper level of field supervision to the JOC contracts since they expect their field supervisors to oversee a
larger size and scope of work for each project.
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.Methods and Techniques of /CXC Implementation
Advantages of JOC Contracting
Successful implementation of /CC is dependent on knowledge, by bath the contractor and the client, of the
strengths and limitations of JOC and a keen understanding of the common language of estimating as expressed
in the Unit Price Book — the key document that pror+ides the mutually accepted basis for the JOC awards. The
benefits of a well -administrated JOC program (inr+olving both experienced clients and contractors) are well
documented: increased construction dollar value, steady and profitable work for qualified contractors, and
satisfied clients and end users. The procurement and contract process for each delirery order is greatly
simplified because the owner does not need a complete engineering and design package and does not have to
spend the time and money to advertise jar public bids for each project. Also, the work is generally started
more quickly. Fern construction methodologies can match this menu of benefits for all parties involved.
The owner has the benefit of using a contractor who is well qualified. Usually the contractor is
required to submit a technical/management proposal that is evaluated to confirm capability and past
performance. References on similar contracts are also carefully checked. These two factors, combined
with the price proposal, are usually the basis for award of a JOC. In this way, long-term partnering
relationships are fostered. Emergency and urgent projects can also be responsively accomplished.
For facilities that have strict security requirements, the contractor will have a staff with security
clearances that can perform the work without delay. JCC contracting is an effective means for
government and institutional owners to accomplish construction work on existing facilities. When
properly managed by both the owner and contractor, JOC provides responsive work at a fair price.
RSMeans U, Reed Construction Data
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DocuSign Envelope ID: COF5E6B4-2EE3-475A-88CD-2CA80F19E8A8
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