Contract with Quality Enterprises USA, Inc.Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662441BD
Docusign Envelope ID:BA23F 706-5605-4964-84E2-D712D752B5ED
CONTRACT
2€
Fels32025
NO RBS&
Contract No.24-212-01
3/10/2025 I 2:15 EDT
THIS CONTRA CT ("Contract")is made and entered into as of the by and
between the City of Miami Beach,Florida,a municipal corporation (the "City")and
QUALITY ENTERPRISES USA,INC.(the "Contractor"):
WITNESSETH,that the Contractor,for and in consideration of the payments hereinafter
specified and agreed to be made by the City,hereby covenants and agrees to furnish and
deliver all the materials required,to do and perform all the work and labor,in a satisfactory
and workmanlike manner,required to complete this Contract within the time specified,in
strict and entire conformity with the Plans,Specifications,and other Contract Documents,
which are hereby incorporated into this Contract by reference,for:
1TB-2024-212 JP FOR SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER
COLLINS CANAL AT 22"AND 23 STREET
The Contractor agrees to make payment of all proper charges for labor and materials
required in the aforementioned work,and to defend,indemnify and save harmless City,
and their respective officers and employees,from liabilities,damages,losses and costs
including,but not limited to,reasonable attorney's fees,to the extent caused by the
negligence,recklessness,or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract.
The requirements of the Contract Documents,as such term is defined in the Invitation to
Bid are hereby incorporated by reference to the General Conditions for Construction
Contracts dated April 13,2020,and Formal Solicitation Terms &Conditions -Goods and
Services dated October 27,2022,are hereby incorporated by reference as if fully set forth
herein.Without limiting the foregoing,the Contract Documents expressly include this
Contract,Composite Attachment A (the City's General Conditions for Construction
Contracts,Formal Solicitation Terms &Conditions-Goods and Services),Attachment B (Plans
and Specifications,Invitation to Bid No.2024-212-JP and all Addenda thereto),
Attachment C (Sunbiz Entity Detail and Contractor's Response to the 1TB),and
Attachment D (Insurance requirements).For the avoidance of doubt,all of the documents
constituting the Contract Documents now or hereafter existing (including any Change
Orders,Work Orders,Field Orders,schedules,shop drawings,issued subsequent to the
date of this Contract etc.)shall govern this Project.The Anti-Human Trafficking Affidavit is
hereby incorporated into this Agreement as Exhibit A.
Docusign Envelope ID:5EF181O9-CA2A-448F-A782-988D662A41 BD
Docusign Envelope ID:BA23F 706-5605-4964-84E2-D712D0752B85ED
Contra ct No.24-212-01
In considera tion of these prem ises,the City hereby agrees to pay to the Contractor for the
w ork,when fully com pleted,the total m axim um sum of tw o million six hundred fifteen
thousand nine hundred fifty-six dollars and tw enty cents ($2,615 ,956.20).The Contract
Price consists of the fo llow ing accepted item s or schedules of work as taken fro m the
C ontractor's Bid Subm ittal:
To tal Base Bid +Indem nification..
Total Perm it A llow ance A ccount .
O ff-D uty Police O fficer A llow ance .
To tal A ltern ate Item s (if applicable)
Total O w ner's Contingency..
C ontract Price
...$2,133,142.00
..$75,000.00
$170,000.00
NO NE
$237,814.20
......$2,615 ,956.20
The Co ntract Price,exclusive of the O w ner's Contingency and Perm it Allow ance,includes,
w ithout lim itatio n,all costs for all labor,materials,equipm ent,fixtures,freight,field
supervision,supe rvisory expenses.pro ject vehicles,field office and equipm ent,postage
and de livery,sa fety and first aid,telephone,tra nsportation of em ployees,parking,
insurance ,taxes,preparation and m aintenance of the construction schedule and the
preparation of as-built and sho p draw ings,as well as Contractor's overhead and pro fit
required fo r com p letion of all the W ork in accordance with the requirem ents of the Contra ct
Docum e nts,including work reaso na b ly inferable therefrom ,even if such item s of W ork are
not specifically or expressly ide ntified as part of a line item in the Bid Price Form .The
Con tract Price is subject to such add itions and deductions as m ay be pro vided for in the
C ontract Do cum e nts.Pro gress and Final Paym ents will be made as pro vided for in the
C ontract D ocum ents.
Contract Tim e:
Co ntract Tim e and Schedule
Days for S ubstan tial Com pletion:120 calendar days
Days fo r Fina l Co m pletion:60 cale ndar days
Li quidated Da m a ges (as applicab le )
Failure to achie ve S ubstantial Com ple tion:$2,650.00/day
Failu re to achie ve Final Com pletio n :$2,650.00/day
[B A LA NC E O F PAG E IN T EN T IO NALLY LEFT BLA NK]
2
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BO662A41 BO
Docusign Envelope ID:BA23F706-5605-4964-84E2-D712D752B5ED
Contract No.24-212-01
W he ne ver either party desires to give notice to the other,such notice must be in w riting,
sen t by certified U nited States Ma il,postage prepaid,return receipt requested,or by hand-
delivery with a request for a w ritten receipt of acknow ledgm ent of delivery ,addressed to
the pa rty for who m it is intended at the place last speci fied.
The place for giving notice shall rem ain the sam e as set fo rt h herein unless such notice
info rm atio n is revised in a Contra ct am endm ent duly executed by the City and the
C o ntractor.For the present,the parties designate the follow ing:
For City:
C ity of Miam i Beach
P ublic W orks Depart m ent
I700 Conventio n C enter Drive
M iam i Beach,FL 33 139
A ttn:Bradford Kaine ,Interim Public W orks Di rector
Ph:305-673-76 16 ext 3541
Em ail:bradfo rdkaine @ m iam ibeachfl.gov
W ith copies to:
City A ttorn ey
C ity of M iam i Beach
1700 Conventio n C enter Drive
M iam i Beach,FL 33 139
A ttn:R icardo Dopico ,C ity Attorn ey
Ph:305-673-7000
E m ail:ricardo dopico@ m iam ibeachfl.gov
For Contractor:
Q UA LI T Y EN T E R PR IS ES US A,IN C .
A ttn:Louis J.G a ud io,Vice President
34 94 Shearw ater S treet
Naples,FL 34117
P h:239-435-7200
Em ail:lgaudio @ qe usa.com
3
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
Docusign Envelope ID:BA23F706-5605-4964-84E2-D7120752B5ED
Contract No.24-212-01
IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by
their appropriate officials as of the date first above written.
FOR CITY:
ATTEST:
-f%@isRafaelE.Granado,City Clerk
on "020»13a
[seal}
FOR CONTRACTOR:
QUALITY ENTERPRISES USA,INC.
a,=,.2
Name:Louis J Gaudio,Vice President
Date:2/20/25
CITY OF MIAl\/11 BEACH,FLORIDA
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
4@4..
Jc\City Attorney+
bl5
Date
[seal}
4
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A41BD
ATTACHMENT A
CITY OF MIAMI BEACH TERMS &CONDITIONS
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98 D662A441BD
MIAMI BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
1.GENERA L DISCLAIMERS.
a.The solicitation referenced herein is being furnished to the Bidders by the City of Miami Beach (the "City")for the Bidder's
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 perform ing 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
Cone of Silence
Protest Procedures
Debarment Proceedings
Lobbyist Registration and Disclosure of Fees
Campaign Contributions by Vendors
Campaign Contributions by Lobbyists
Equal Benefits for Domestic Partners
Living Wage Requirement
False Claims Ordinance
Acceptance of Gifts,Favors &Services
Purchase of Goods and Services Sourced in
Mississippi
Non-discrimination (boycotts)
Code Section or Resolution
2-486
2-371
2-481 through 2-406
2-397 through 2-485.3
2-487
2-488
2-373
2-407 through 2-410
70-300
2-449
Resolution 2016-29375
2016-3990
2.ACCEPTANCE OF GIFT S,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 pow er to execute such contract,to any person,com pany or corporation,w ithout the prior w ritten consent
of the C ity .
4.C A N C E LLA T IO N .In the event any of the pro visions of this Bid are violated by the Bidders,the City shall give w ritten notice to
the Bidders stating such defici encies and,unless such deficiencies are corrected w ithin ten (10)calendar days from the date of
the C ity 's notice,the C ity ,through its C ity M anager,m ay declare the contract in default and term inate sam e,without further notice
required to the Bidders.N otw ithstanding the preceding,the City ,thro ugh its C ity M anager,also reserv es the right to term inate
the contract at any tim e and fo r any reason,w ithout cause and fo r convenience,and w ithout any m onetary liability to the City,
upon the giving of thirty (30)days prior w ritten notice to the Bidders.
5.C O M P LIA N C E W IT H T H E C IT Y 'S LO B B Y IST LA W S.This solicitation is subject to,and all Bidders are expected to be or
becom e fam iliar w ith,all C ity lobbyist law s.Bidders shall be solely responsible fo r ensuring that all C ity lobbyist law s are com plied
w ith,and shall be subject to any and all sanctions,as prescribed therein,including,w ithout lim itation,disqualification of their
responses,in the event of such non-com pliance.
6.D E FA U L T.Failure or refusal of the successful Bidders to execute a contract fo llow ing appro val of such contract by the City
C om m ission,or untim ely w ithdraw al of a bid response befo re such aw ard is m ade and appro ved,m ay result in a claim fo r
dam ages by the C ity,and m ay be grounds fo r rem oving the Bidders from the City 's vendor list.
7.D E M O N S TRA TIO N O F C O M PETEN C Y .Pursuant to Section 2-369 of the City Code,_w hen determ ining the low est and best
Bidders,in addition to price,there shall be a consideration of the fo llow ing:(1)the ability,capacity and skill of the Bidders to
perf orm the contract;(2)w hether the Bidders can perform the contract w ithin the tim e specified,w ithout delay or interference;
(3)the character,integrity,reputation,judgm ent,experience and effi ciency of the Bidders;(4)the quality of perform ance of
previous contracts;and (5)the previous and existing com pliance by the Bidders w ith law s and ordinances relating to the
contract.In doing so,the C ity m ay take any and all actions in deem s necessary ,including consideration of any legal,financial,
operational (fa cilities,staff ing and equipm ent)factor that m ay im pact the Bidder's ability to successfully perform the contract,
and the C ity m ay contact any prior or current client,em ployee or agent of the Bidders.
a.T he C ity reserv es the right to request supplem ental info rm ation from Bidders at any tim e during the solicitation process,
unless otherw ise noted.
8.DI S P U T ES.In the event of a confli ct betw een the docum ents,the order of priority of the docum ents shall be as fo llow s:
a.A ny contract or agreem ent resulting from the aw ard of this solicitation;then
b.A ddendum issued fo r this solici tation,w ith the latest Addendum taking precedence;then
c.The solicitation;then
d.T he Bidder's bid in response to the solicitation.
In case of any doubt or diff erence of opinion as to the item s and/or goods (as the case m ay be)to be furn ished hereunder,the
decision of the C ity shall be final and binding on all parties.
9.ELI M IN A T IO N FR O M C O N SID E RA TIO N .This bid shall not be aw arded to any person or firm w ho is in arrears to the City upon
any debt,taxes,or contracts w hich are defaulted as surety or otherw ise upon any obligation to the C ity .
10 .EM E R G E N C Y R ESPO N S E PR IO R ITY.It is hereby m ade a part of this solici tation that befo re,during,and after a public
em ergency,disaster,hurricane,torn ado,flood,or other acts of fo rce m ajeure that the City of M iam i Beach,Florida shall receive
a "F irst Priority"fo r any goods and serv ices covered under any aw ard resulting from this solici tation,including balance of line
item s as applicable.It is vital and im perative that the m ajority of ci tizens are pro tected from any em ergency situation that
threatens public health and safety ,as determ ined by the City .By virtue of subm itting a response to this solicitation,vendor
agrees to pro vide all aw ard-related goods and serv ices to the City on a "first priority"under the em ergency conditions noted
above.
11.ES TIM A T ED Q U A N TITIES .Estim ated quantit ies or estim ated dollars,if provided,are fo r City guidance only.No guarantee is
expressed or im plied as to quantities or dollars that w ill be used during the contract period.The City is not obligated to place any
order fo r a given am ount subsequent to the aw ard of this Bid.Estim ates are based upon the City's actual needs and/or usage
during a previous contract period.T he C ity m ay use said estim ates fo r purposes of determ ining w hether the low Bidders m eets
speci fications.
12 .EN V IR O N M EN TA L R EG U LA T IO N S .The C ity reserv es the right to consider a Bidder's history of citations and/or violations of
enviro nm ental regulations in investigating a Bidder's responsibility,and further reserv es the right to declare a Bidders not
responsible if the history of violations w arrants such determ ination in the opinion of the City .Bidder shall subm it with its proposal,
a com plete history of all citations and/or violations,notices,and dispositions thereof.The non-subm ission of any such
docum entation shall be deem ed to be an affirm ation by the Bidders that there are no citations or violations.Bidders shall notify
the C ity im m ediately of notice of any ci tation or violation w hich Bidders m ay receive after the pro posal opening date and during
the tim e of perf orm ance of any contract aw arded to it.
13 .EX C E PTIO N S T O SO LI C IT A TI O N .Bidders m ust cl early indicate any exceptions they w ish to take to any of the term s in the
solicitation,and outline w hat,if any,altern ative is being offered.All exceptions and altern atives shall be included and clearly
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delineated,in w riting,in the bid subm ittal.The C ity,at its sole and absolute discretion,m ay accept or reject any or all exceptions
and altern atives.In cases in w hich exceptions and altern atives are rejected,the C ity shall require the Bidders to com ply with the
particular term and/or condition of the solicitation to w hich Bidders took exception to (as said term and/or condition was originally
set fo rth in the solicitation and any exhibits or Addenda thereto).
14.FL O R ID A PU B LI C R EC O R D S LA W .Bidders are hereby notified that all bids including,without lim itation,any and all information
and docum entation subm itted therew ith,are exem pt from public records requirem ents under Section 119.07(1 ),Florida Statutes,
and s.24(a),Art.1 of the State C onstitution until such tim e as the City pro vides notice of an intended deci sion or until thirty (30)
days after opening of the bids,w hichever is earlier.Additionally,Bidders agrees to be in full com pliance w ith Florida Statute
119.0701 including,but not lim ited to,agreem ent to (a)Keep and m aintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the goods;(b)pro vide the public with access to public records on the same
term s and conditions that the public agency w ould pro vide the records and at a cost that does not exceed the cost provided in
this chapter or as otherw ise pro vided by law ;(c)Ensure that public records that are exem pt or confidential and exem pt from
public recor ds disclosure requirem ents are not disclosed except as authorized by law ;(d)M eet all requirem ents fo r 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 destro y any duplicate public records that are exem pt or confidential and exem pt from public records disclosure
requirem ents.All recor ds stored electro nically m ust be provided to the public agency in a fo rm at that is com patible with the
info rm ation technology system s of the public agency.
15.JO IN T V EN TU R ES /SIN G LE PU R PO SE ENTITY .Joint Ventures are not allow ed.bid shall be subm itted only by the prime
contra ctor.Bidders m ay,how ever,identify sub-contractors or sub-consultants to the prim e Bidders who may serv e as team
m em bers.
16.FO R C E M A JEU R E.
a.A "F orce M ajeure"event is an event that (i)in fact causes a delay in the perform ance of the Contractor or the City's
obligations under the Agreem ent,and (ii)is beyond the reasonable contro l of such party unable to perform the obligation,
and (iii)is not due to an intentional act,erro r,om ission,or negligence of such party ,and (iv)could not have reasonably
been fo reseen and prepared fo r by such party at any tim e prior to the occurrence of the event.Subject to the foregoing
criteria,Force M ajeure m ay include events such as w ar,civil insurrection,riot,fires,epidem ics,pandem ics,terro rism,
sabotage,explosions,em bargo restrictions,quarantine restrictions,transportation accidents,strikes,stro ng hurricanes or
torn adoes,earthquakes,or other acts of G od w hich pre vent perform ance.Force M ajeure shall not incl ude technological
im possibility ,inclem ent w eather,or failure to secure any of the required perm its purs uant to the Agreem ent.
b.If the C ity or C ontractor's perfonm ance of its contractual obligations is prevented or delayed by an event believed by to be
Force M ajeure,such party shall im m ediately,upon learn ing of the occurrence of the event or of the com m encem ent of any
such delay,but in any case w ithin fifteen (15)business days thereof,provide notice:(i)of the occurrence of event of Force
M ajeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated im pact on the Agreem ent,(iv)of the
antici pated period of the delay,and (v)of w hat course of action such party plans to take in order to m itigate the detrim ental
effects of the event.The tim ely delivery of the notice of the occurrence of a Force M ajeure event is a condition precedent
to allow ance of any relief purs uant to this section;how ever,receipt of such notice shall not constitute acceptance that the
event cl aim ed to be a Force M ajeure event is in fact Force M ajeure,and the burden of pro of of the occurrence of a Force
M ajeure event shall be on the requesting party.
c.T he C ity m ay,thro ugh its City m anager,in its sole and absolute discretion,m ake am endm ent or equitable adjustment in
the contract term s and conditions and/or pricing to address very lim ited unfo reseen circum stances outside of the successful
Bidder's control relating to certain supply chain issues and extrem e m arket volatility .The City m ay,thro ugh its City Manager,
but shall have no obligation to consider or otherw ise appro ve an adjustm ent,w here pricing or availability of supply is affected
by extrem e or unfo reseen volatility in the m arketplace satisfy ing,at a m inim um ,all of the fo llow ing criteria:1)the volatility
is due to causes w holly beyond the successful Bidder's control;2)the volatility affects the entire m arketplace 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 perfor m ance of the Contract would result in an excessive
or unreasonable substantial loss or financial hardship to the Bidders,such as,fo r exam ple,an event im plicating insolvency
or bankruptcy.Any adjustm ent w ould require irrefutable evidence and written approval by the Chief Pro curem ent Officer.
For the avoidance of doubt,this section does not in any w ay alter or affect the allocation of risk betw een the City and the
Bidders pursuant to the C ontract,or Bidder's assum ption of all risks relating to its perform ance in accordance with the
C ontract term s.
d.N o party hereto shall be liable fo r its failure to carry out its obligations under the Agreem ent during a period when such party
is rendered unable,in w hole or in part,by Force M ajeure to carry out such obligations.The suspension of any of the
obligations under this A greem ent due to a Force M ajeure event shall be of no greater scope and no longer duration than is
require d.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 M ajeure event,and to correct or cure the event or
condition excusing perf orm ance and otherw ise to rem edy its inability to perform to the extent its inability to perform is the
direct result of the Force M ajeure event w ith all reasonable dispatch.
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e.O bligations pursuant to the Agreem ent that aro se befo re the occurrence of a Force M ajeure event,causing the suspension
of perform ance,shall not be excused as a result of such occurrence unless such occurrence m akes such performance not
reasonably possible.The obligation to pay m oney in a tim ely m anner fo r obligations and liabilities which matured prior to
the occurrence of a Force M ajeure event shall not be subject to the Force M ajeure provisions.
f.Notw ithstanding any other pro vision to the contrary herein,in the event of a Force M ajeure occurrence,the City may,at the
sole discretion of the C ity M anager,suspend the City 's paym ent obligations under the Agreem ent,and may take such action
w ithout regard to the notice requirem ents herein.Additionally,in the event that an event of Force M ajeure delays a party's
perform ance under the Agreem ent fo r a tim e period greater than thirty (30)days,the City m ay,at the sole discretion of the
C ity M anager,term inate the Agreem ent on a given date,by giving w ritten notice to Contractor of such term ination.If the
Agreem ent is term inated pursuant to this section,C ontractor shall be paid fo r any Serv ices satisfactorily performed up to
the date of term ination;fo llow ing w hich the C ity shall be discharged fro m any and all liabilities,duties,and terms arising out
of,or by virtue of,this Agreem ent.In no event w ill any condition of Force M ajeure extend this Agreem ent beyond its stated
term .
17.IN D EM N IFIC A TIO N .The bidder shall indem nify and hold harm less the City and its officers ,em ployees,agents and
instrum entalities from any and all liability ,losses or dam ages,incl uding attorn ey's fees and costs of defense,which the City or
its officers,em ployees,agents or instrum entalities m ay incur as a result of claim s,dem ands,suits,causes of actions or
proceedings of any kind or nature arising out of,relating to or resulting from the perform ance of the agreem ent by the bidder or
its em ployees,agents,serv ants,partners,principals or subcontractors.The bidder shall pay all cl aim s and losses in connection
therew ith,and shall investigate and defend all claim s,suits or actions of any kind or nature in the nam e of the City ,where
applicable,including appellate pro ceedings,and shall pay all costs,judgm ents,and attorn ey's fees which may be incurred
thereon.T he bidder expressly understands and agrees that any insurance pro tection required by any agreem ent with the City
or otherw ise provided by the bidder shall in no w ay lim it the responsibility to indem nify ,keep and save harm less and defend the
C ity or its offi cers,em ployees,agents and instrum entalities as herein pro vided.The above indem nification pro visions shall surv ive
the expiration or term ination of this Agreem ent.
18.IN S PEC TIO N ,A C C EPTA N C E &TITLE.Inspection and acceptance will be at destination,unless otherw ise provided.Title to
(or risk of loss or dam age to)all item s shall be the responsibility of the successful Bidders until acceptance by the City unless
loss or dam age results from the gross negligence or w illful m isconduct of the City .
If any equipm ent or supplies supplied to the City are fo und to be defective,or do not confo rm to the specifications,the City
reserv es the right to cancel the order upon w ritten notice to the seller,and return the product,at the Bidder's expense.
19 .IN S PEC T O R G EN E RA L A U D IT R IG HTS.
a.Pursuant to Section 2-256 of the C ode of the City of M iam i Beach,the City has established the Offi ce of the Inspector
G eneral w hich m ay,on a random basis,perform re views,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 C ity .
b.T he O ffi ce of the Inspector G eneral is authorized to investigate City affairs and em powered to review past,present,and
proposed C ity pro gram s,accounts,records,contracts,and transactions.In addition,the Inspector General has the pow er
to subpoena w itnesses,adm inister oaths,require the production of witnesses and m onitor City projects and programs.
M onitoring of an existing City project or program m ay include a report concern ing whether the project is on time,within
budget and in confo rm ance w ith the contract docum ents and applicable law .The Inspector General shall have the pow er
to audit,investigate,m onitor,oversee,inspect and review operations,activities,perform ance and procure m ent pro cess
including but not lim ited to project design,bid specifications,(bid/proposal)subm ittals,activities of the Contractor,its
officers,agents and em ployees,lobbyists,City staff and elected offi ci als to ensure com pliance with the Contract Docum ents
and to detect fraud and corruption.Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the O ffice of Inspector General.
c.U pon ten (10)days w ritten notice to the C ontractor,the Contractor shall m ake all requested records and docum ents
available to the Inspector G eneral fo r inspection and copying.The Inspector G eneral is em pow ered to retain the serv ices
of independent private sector auditors to audit,investigate,m onitor,oversee,inspect and re view operations activities,
perform ance and pro curem ent pro cess including but not lim ited to project design,bid specifications,(bid/proposal)
subm ittals,activities of the C ontractor,its offi cers,agents and em ployees,lobbyists,City staff and elected officials to ensure
com pliance w ith the contract docum ents and to detect fraud and corru ption.
d.T he Inspector G eneral shall have the right to inspect and copy all docum ents and records in the Contractor's possession,
custody or contro l w hich in the Inspector G eneral's sole judgm ent,pertain to perform ance of the contract,including,but not
lim ited to original estim ate fil es,change order estim ate files,w orksheets,proposals and agreem ents from and with
successful subcontractors and suppliers,all pro ject-related correspondence,m em ora nda,instructions,financial docum ents,
construction docum ents,(bid/pro posal)and contract docum ents,back-change docum ents,all docum ents and records which
involve cash,tra de or volum e discounts,insurance pro ceeds,rebates,or dividends received,payroll and personnel records
and supporting docum entation fo r the afo resaid docum ents and records.
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M IAM I BEA CH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
e.T he C ontractor shall m ake available at its office at all reasonable tim es the records,m aterials,and other evidence regarding
the acquisition {bid preparation)and perform ance of this contract,fo r exam ination,audit,or repro duction,until three (3)
years after final paym ent under this contract or fo r any longer period required by statute or by other clauses of this contract.
In addition:
i.If this contract is com pletely or partially term inated,the Contractor shall m ake available records relating to the work
term inated until three (3)years after any resulting final term ination settlem ent;and
ii.T he C ontractor shall m ake available records relating to appeals or to litigation or the settlem ent of claim s arising under
or relating to this contract until such appeals,litigation,or claim s are finally resolved.
f.T he provisions in this section shall apply to the C ontractor,its offi cers ,agents,em ployees,subcontractors,and suppliers.
T he C ontractor shall incorporate the pro visions in this section in all subcontracts and all other agreem ents executed by the
C ontractor in connection w ith the perform ance of this contract.
g.Nothing in this section shall im pair any independent right to the City to conduct audits or investigative activities.The
pro visions of this section are neither intended nor shall they be construed to im pose any liability on the City by the Contractor
or third parties.
20.LA W S,PER M ITS A N D REG U LA TIO NS.The Bidders shall obtain and pay fo r all licenses,perm its,and inspection fees required
to com plete the w ork and shall com ply w ith all applicable law s.
21.LI A B IL ITY ,IN S U RA N C E,LI C ENS ES A ND PE R M ITS.W here Bidders are required to enter or go on to City of Miam i Beach
pro perty to deliver m aterials or perform w ork or serv ices as a result of the Bid,the Bidders w ill assum e the full duty ,obligation
and expense of obtaining all necessary licenses,perm its,and insurance,and assure all w ork com plies with all Applicable Law s.
T he Bidders shall be liable fo r any dam ages or loss to the City occasioned by negligence of the Bidders,or his/her officers,
em ployees,contractors ,and/or agents,fo r failure to com ply with A pplicable Laws.
22.M A N N E R O F PER FO R M A N C E.Bidders agrees to perform its duties and obligations in a pro fessional m anner and in accordance
w ith all applicable Local,State,C ounty,and Federal law s,ru les,regulations,and codes.Lack of know ledge or ignorance by the
Bidders w ith/of applicable law s w ill in no w ay be a cause fo r relief from responsibility .Bidders agrees that the work and goods
provided shall be pro vided by em ployees that are educated,trained,experienced,certified,and licensed in all areas
encom passed w ithin their designated duties.Bidders agrees to furn ish to the City any and all docum entation,certification,
authorization,license,perm it,or registration currently required by applicable laws,rules,and regulations.Bidders further certifies
that it and its em ployees w ill keep all licenses,perm its,registrations,authorizations,or certifications required by applicable laws
or regulations in full fo rce and effect during the term of this contract.Failure of Bidders to com ply with this para graph shall
constitute a m aterial breach of this contract.
23.M O D IF IC A T IO N /W ITH D RA W A LS O F BID S .A Bidders m ay subm it a m odified bid to replace all or any portion of a previously
subm itted Bid up until the Bid due date and tim e.M odifications received after the bid due date and tim e will not be considered.
bid shall be irrevocable until contract aw ard unless w ithdraw n in writing prior to the bid due date,or after expiration of 180
calendar days from the opening of bid w ithout a contract aw ard.Letters of withdraw al received after the Bid due date and befo re
said expiration date,and letters of w ithdraw al received after contract award will not be considered.
24.M U L TIP LE A W A R D .The C ity m ay aw ard tw o or m ore vendors (prim ary ,secondary ,tertiary ,or higher),as available,by line
item ,by group or in its entirety ,beginning w ith low est,responsive,responsible Bidders (prim ary ),fo llowed by the second lowest,
responsive,responsible Bidders (secondary ),and continuing w ith other responsive,responsible Bidders in order of next best
cost.T he C ity w ill endeavor to utilize vendors in order of award.However,the City m ay utilize other vendors in the event that:
1)a contract vendor is not or is unable to be in com pliance with any contract or delivery requirem ent;2)it is in the best interest
of the C ity to do so regard less of reason.
25.N O N -C O N FO R M A N C E TO C O N TRA CT CO N DI TIO N S .Item s m ay be tested fo r com pliance with specifications.Items
delivere d,not confo rm ing to speci fications,m ay be re jected,and return ed at the Bidder's expense.These item s,as well as items
not delivered as per delivery date in bid and/or purchase order,m ay be purchased by the City ,at its discretion,on the open
m arket.A ny increase in cost m ay be charged against the Bidders.Any violation of these stipulations may also result in the
Bidder's nam e being rem oved fro m the City 's vendor list.
26.N O N -D IS C R IM IN A TIO N .The Bidders certifies and affi rm s that it is in com pliance w ith and will be bound by the Section 202,
Executive O rder 11246,as am ended by Executive O rder 11375,relative to equal em ploym ent opportunity for all persons without
regard to race,color,religion,sex or national origin.
27.N O N -EX C LU S IV IT Y .To the extent applicable,it is the intent of the City to purchase the goods or serv ices specifically listed in
the solici tation.How ever,the City reserv es the right to purchase any goods or serv ices aw arded from any other govern mental
or cooperative contra ct,or on the open m arket.
28.O C C U PA T IO N A L H EA LTH A N D SA FETY .The Bidders w arrants to the City that any work,goods,supplies,materials or
equipm ent supplied pursuant to this bid shall confo rm in all respects to the standards set fo rth in the O ccupational Safety and
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M IAM I BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
Health Act of 1970,as am ended,and the fa ilure to com ply w ith this condition w ill be deem ed breach of contract.Any fines levied
because of inadequacies to com ply w ith this condition shall be born e solely by the Bidders.
29.OBSERVANCE OF LAWS.Bidders are expected to be fam iliar w ith,and com ply with,all Federal,State,County ,and City laws,
ordinances,codes,rules and regulations,and all orders and decre es of bodies or tribunals having jurisdiction or authority which,
in any m anner,m ay affect the scope of goods and/or project contem plated by this solicitation (including,without lim itation,the
Am ericans w ith D isabilities Act,Title VII of the C ivil R ights Act,the EEO C Unifo rm G uidelines,and all EEO regulations and
guidelines).Ignorance of the law (s)on the part of the Bidders will in no w ay relieve it from responsibility for com pliance.
30.OPTIONAL CONTRACT USAGE.W hen the successful Bidders agrees,other units of govern m ent or non-profit agencies may
participate in purchases purs uant to the aw ard of this contra ct at the option of the unit of govern m ent or non-profit agency.
31.OSHA.The Bidders w arra nts to the C ity that any w ork ,serv ices,supplies,m aterials or equipm ent supplied pursuant to this Bid
shall confo rm in all respects to the standards set fo rth in the O ccupational Safety and Health Act of 1970,as am ended,and the
failure to com ply w ith this condition w ill be deem ed breach of contract.Any fines levied because of inadequacies to comply with
this condition shall be born e solely by the Bidders.
32.OTHER TERMS AND CONDITIONS.Any order pursuant to the contract that includes term s and conditions other than those
expressly approved in this solicitation or contract shall be null and void and rejected by the City.
33.PAYMENT.Paym ent w ill be m ade by the City after the goods have been received,inspected,and fo und to com ply with contract
specifications,free of dam age or defect,and are pro perly invoiced.
34.PATENTS &ROYALTIES.Bidder shall indem nify and save hanm less the C ity of M iam i Beach,Florida,and its officers ,
em ployees,contractors,and/or agents,fro m liability of any nature or kind,including cost and expenses fo r,or on account of,any
copyrighted,patented,or unpatented invention,pro cess,or articl e m anufa ctured or used in the perform ance of the contract,
incl uding its use by the City of M iam i Beach,Florida.If the Bidders uses any design,device or m aterials covered by letters,
patent,or copyright,it is m utually understood and agreed,w ithout exception,that the Bid prices shall include all ro yalties or cost
arising from the use of such design,device,or m aterials in any way involved in the work.
35.PRICES QUOTED.Prices quoted shall rem ain firm and fixed during the duration of the contract.In com pleting the bid form,
state both unit price and extended total,w hen requested.Prices m ust be stated in units of quantity specified in the bidding
specifications.In case of discrepancy in com puting the am ount of the bid,the UNIT PR IC E quoted will govern .All prices must
be F.O .B.destination,freight prepaid (unless otherw ise stated in Speci al Conditions).The Bidders m ay offer cash discounts for
pro m pt paym ents;how ever,such discounts w ill not be considered in determ ining the lowest price during bid evaluation.Bidders
are requested to provide prom pt paym ent tenm s in the space pro vided on the Bid subm ittal signature page of the solicitation.
Aw ard,if m ade,w ill be in accordance w ith term s and conditions stated herein.Each item m ust be bid separately,and no attem pt
is to be m ade to tie any item or item s in w ith any other item or item s.C ash or quantity discounts offered will not be a consideration
in determ ination of aw ard of bid(s).
36.PROTESTS.Any pro test concern ing the speci fications or aw ard of this solicitation shall be in accordance with City Code Section
2-371.Pro tests not subm itted in a tim ely m anner pursuant to the requirem ents of City Code Section 2-371 shall be barred.
37.PUBLIC ENTITY CRIME.A person or affi liate w ho has been placed on the convicted vendor list fo llow ing a conviction for public
entity crim es m ay not subm it a bid on a contract to provide any goods to a public entity,m ay not subm it a bid on a contract with
a public entity fo r the construction or repair of a public building or public w ork,m ay not subm it a bid on leases of real pro perty to
public entity ,m ay not be aw arded or perform w ork as a contractor,supplier,sub-contractor,or consultant under a contract with
a public entity ,and m ay not transact business w ith any public entity in excess of the threshold am ount provided in Sec.287.017,
fo r C ategory Tw o,fo r a period of 36 m onths from the date of being placed on the convicted vendor list.
38.RELATIONSHIP TO THE CITY.It is the intent of the City ,and Bidder's hereby acknow ledge and agree,that the successful
Bidders is considered to be an independent contractor,and that neither the Bidders,nor the Bidder's em ployees,agents,and/or
contractors,shall,under any ci rcum stances,be considered em ployees or agents of the City.
39.SPECIAL CONDITIONS.A ny and all Special Conditions that m ay vary from these G eneral Term s and Conditions shall have
precedence.
40.TAXES.T he C ity of M iam i Beach is exem pt from all Federal Excise and State taxes.
41.TERMINATION FOR DEFAULT.If the successful Bidders shall fail to fulfill in a tim ely m anner,or otherw ise violate,any of the
covenants,agreem ents,or stipulations m aterial to the Bid and/or the contract entered into w ith the City pursuant there to,the City
shall thereupon have the right to term inate the w ork and/or serv ices then rem aining to be perform ed by giving written notice to
the Bidders of such term ination,w hich shall becom e effective upon receipt by the Bidders of the written term ination notice.
In that event,the C ity shall com pensate the successful Bidders in accordance with the term of the contract fo r all work and/or
serv ices satisfa ctorily perform ed by the Bidders prior to term ination,net of any costs incurred by the City as a consequence of
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the default.
MIAMI BEACH
FORMAL SOLICITATIONS
TERMS AND CONDITIONS -GOODS &SERVICES
(October 27,2022)
Notw ithstanding the above,the successful Bidders shall not be relieved of liability to the City fo r dam ages sustained by the City
by virtue of any breach of the contract by the Bidders,and the City m ay reasonably withhold paym ents to the successful Bidders
fo r the purposes of set off until such tim e as the exact am ount of dam ages due the City fro m the successful Bidders is determined.
T he C ity m ay,at its discretion,pro vide reasonable "cure period"fo r any contractual violation prior to term ination of the contra ct;
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 C ity m ay proceed to term inate the contract fo r cause in accordance with this subsection 1.57.
42.TERMINATION FOR CONVENIENCE OF CITY.The City m ay,fo r its convenience,term inate the wor k and/or serv ices then
rem aining to be perform ed,at any tim e,by giving w ritten notice to the successful Bidders of such term ination,w hich shall become
eff ective thirty (30)days fo llow ing receipt by Bidders of such notice.In that event,all finished or unfinished docum ents and other
m aterials shall be properly delivered to the City.If the contract is term inated by the City as pro vided in this subsection,the City
shall com pensate the successful Bidders in accordance w ith the term s of the contract fo r all and without cause and/or any
resulting liability to the City,w ork and/or serv ices actually perform ed by the successful Bidders,and shall also com pensate the
Bidders fo r its reasonable direct costs in assem bling and delivering to City all docum ents.No com pensation shall be due to the
successful Bidders fo r any profit s that the successful Bidders expected to earn on the balanced of the contract.Such paym ents
shall be the total extent of the City 's liability to the successful Bidders upon a term ination as provided fo r in this subsection.
43.TIE BIDS.In accordance w ith Florida Statues Section 287.087,regarding identical tie bids,preference will be given to Bidders
certify ing that they have im plem ented a drug free w orkplace pro gram .A certification fo rm will be required.In the event of a
continued tie betw een tw o or m ore Bidders after consideration of the drug free workplace pro gram ,the City's Local Preference
and Veteran Preference ordinances w ill dictate the m anner by which a tie is to be resolved.In the event of a continued tie after
the Local and Veteran Preference ordinances have been applied or the tie exists betw een Bidders that are not Local or Veteran,
the breaking of the tie shall be at the City M anager's discre tion,w hich will m ake a recom m endation fo r aw ard to the City
C om m ission.
44.VENUE.A ny legal challenges to this Solici tation shall be bro ught in M iam i-D ade County ,Florida,and if legal action is necessary ,
exclusive venue fo r the enfo rcem ent of sam e shall lie in M iam i-D ade County,Florida.The Bidder and the City expressly w aive
any rights either party m ay have to a trial by jury of any civil litigation re lated to or arising out of this Solicitation.
45.CONTRACT EXTENSION.The City,through its City M anager,reserv es the right to require the Contractor to extend contract
past the stated term ination date fo r a period of up to 120 days in the event that a subsequent contract has not yet been awarded.
Additional extensions past the 120 days m ay occur as needed by the City and as m utually agreed upon by the City and the
contractor.
46.AMERICANS WITH DISABILITIES ACT (ADA).Call 305-673-7490 to request m aterial in accessible fo rm at;sign language
interpreters (five (5)days in advance w hen possible),or info rm ation on access fo r pers ons with disabilities.For more info rm ation
on AD A com pliance,please call the Public W ork s D epartm ent,at 305-673-7000,Extension 2984.
47.TRUTH IN NEGOTIATION CERTIFICATE.A ny resulting contract,is issued and govern ed by section 287.055,Florida statutes
shall require a truth in negotiation certificate.Execution of the contract by the consultant shall act as the execution of a Truth-in-
N egotiation certificate certifying that the w age rates and costs used to determ ine the com pensation pro vided fo r in the contract
are accurate,com plete,and current as of the date of the contract.The original contract price and any additions there to shall be
adjusted to excl ude any significant sum s by w hich the City determ ines the contract price was increased due to inaccurate,
incom plete,or noncurr ent w age rates and other factual unit costs.A ll such contract adjustm ents shall be m ade within one (1)
year fo llow ing the end of the contract.
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MIAMI BEACH
GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS
(April 13,2020)
ARTICLE 1.DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS.
1.1.Definitions.The definitions included in this Section are not exhaustive of all definitions used in the
Contract Documents.Additional terms may be defined in other Contract Documents.The following terms
shall have the meanings specified herein,as follows:
"Applicable Laws"means all laws,codes (including,but not limited to,building codes),ordinances,rules
regulations,lawful orders and decrees of governmental authorities having jurisdiction over the Project,Project
Site,or the Parties.
"Application for Payment"means the detailed itemized documentation,including all supporting
documentation,in a form and substance satisfactory to the City,submitted by the Contractor on a monthly
basis in order to obtain the City's approval for payment for Work performed pursuant to the Contract
Documents.
"Bid"means an offer or proposal submitted by a bidder in response to this 1TB.The terms "Bid"and "Bid
Submittal"are used interchangeably.
"Bidder"means any individual or firm submitting a Bid for this Project.
"Change Order"means a written document ordering a change in the Contract Price and/or Contract Time
or a material change in the Work (as defined herein).A Change Order must comply with the requirements
of the Contract Documents.
"CIP lnspector/PWD Field Observer"means a City employee charged with observing and documenting,for
internal City purposes only,general observations and conditions of the Project including,without limitation,the
weather conditions,the number of workers present at the time of observation,general type of work being
performed and taking photographs regarding same.Contractor expressly waives any right to assert as a
defense to any claim regarding the Project including,without limitation,any dispute between the City and
Contractor,and Contractor and any third party,the presence or purported approval or consent of any 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
l I General Conditions for Construction Contracts (April 13,2020)
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98D 662A441BD
Department permits,or other applicable permits within its jurisdiction,the exercise of such regulatory authority
and the enforcement of any rules,regulations,laws and ordinances shall be deemed to have occurred
pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to
City as a Party to this Contract.
"City Commission"means the governing and legislative body of the City.
"City Manager"means the Chief Administrative Officer of the City.The City Manager shall be construed to
include the Contract Administrator and any duly authorized representatives of the City as the City Manager
may designate in writing at any time with respect to any specific matter(s)concerning the Project and/or the
Contract Documents (exclusive of those authorizations reserved to the City Commission or regulatory or
administrative bodies having jurisdiction over any matter(s)related to the Project and/or the Contract
Documents).
"Claim"means a demand or assertion by one of the parties seeking,as a matter of right,adjustment or
interpretation of the Contract Documents,payment of money,extension of time or other relief with respect to
the Contract Documents or Project.The term "Claim"also includes other disputes and matters in question
between the City and Contractor arising out of or relating to the Contract Documents.Claims must be initiated
by written notice in strict accordance with the Contract Documents.The responsibility for substantiating
Claims shall rest with the Party making the Claim.All Claims submitted by Contractor must comply with the
requirements of the City's False Claims Ordinance,as set forth in Sections 70-300 et seq.,of the City Code,
or shall be forfeited in accordance with the terms of the False Claims Ordinance and conclusively waived and
released.
"Consultant"means the firm named in the Invitation to Bid Summary as the "Consultant,"that has entered
into a separate agreement with the City to perform architectural,engineering,or other design and construction
administration services for the Project,and who will serve as the "architect of record"and/or "engineer of
record"for the Project.Wherever the word "Architect"or "Engineer''or "Consultant"appears in the Contract
Documents,it shall be deemed to refer to the Consultant and/or the design professionals engaged by the
Consultant.All communications,directives,instructions,interpretations and actions required of Consultant
shall be issued or taken only by or through Consultant's authorized representative(s).
"Construction Superintendent"means the individual who is a representative of the Contractor,and who
shall be responsible for continuous field supervision,coordination,and completion of the Work,and who shall
maintain a full-time on-site,physical presence at the Project Site and satisfy the obligations of Construction
Superintendent as provided in the Contract Documents.
"Contract"means the written agreement between the City and the Contractor for the performance of the
Work in accordance with the requirements of the Contract Documents,and for the payment of the agreed
consideration.
"Contract Administrator"means the City's Contract Administrator shall mean the individual appointed by
the City Manager who shall be the City's authorized representative to coordinate,direct,and review on behalf
of the City,all matters related to the Project.The initial Contract Administrator for the Project is named in the
Invitation to Bid Summary.
"Contract Documents"means all of the documents setting forth bidding information,requirements and
contractual obligations for the Project,including this 1TB,Contractor's Bid in response thereto,the Contract,
2 I General Conditions for Construction Contracts p l 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 1TB for the
completion of the Project.
"Contract Price"means the amount established in the Contract Documents as the total amount the City is
obligated to pay for full and complete performance of all of the Work required by the Contract Documents
(including,but not limited to,all labor,equipment and materials to administer,coordinate,provide related
certifications,install and otherwise construct and complete the Project within the Contract Time),and as may
be amended by Change Order.
"Contract Time"means the number of days allowed for completion of all Work,as stipulated in the Contract
Documents,and as may be amended by Change Order.
"Contractor"means the individual or firm whose Bid is accepted and who enters into the Contract with the
City to construct the Project pursuant to the Contract Documents and who is liable for the acceptable
performance of the Work and payment of all debts pertaining to the Work.
"Days"means all references to numbers of days in the Contract Documents,shall be construed to mean
calendar days,unless specifically noted otherwise.The term "business days"means a day other than a
Saturday,Sunday,Federal holiday or any day on which the principal commercial banks located in Miami-
Dade County,Florida are not open for business during normal hours.
"Field Order"or "Field Directive"means a written order which further describes details or provides
interpretations necessary to complete the Work of the Contract Documents but which does not involve a
change in the Contract Price or Contract Time.
"Final Completion"means the date upon which all conditions and requirements of the Contract Documents,
permits and regulatory agencies have been satisfied;any documents required by the Contract Documents
have been received by the City;any other documents required to be provided have been received by City;
and the Work has been fully completed in accordance with the Contract Documents.
"Notice(s)to Proceed"or "NTP"means a written letter or directive issued by the Contract Administrator
to Contractor to commence and proceed with portions of the Work as specified therein or a specific task of
the Project,and stating any further limitations on the extent to which Contractor may commence and proceed
with the Work.Unless otherwise approved by the City at its sole discretion,City's issuance of a Notice to
Proceed for construction or portions thereof shall be contingent upon Contractor obtaining all appropriate
permits and satisfying all requirements of agencies having jurisdiction.However,the City is not obligated to
immediately issue NTP on the date Contractor obtains all requisite permits and/or satisfies the specified
conditions precedent for issuance of NTP.The date of issuance of NTP shall be determined at the City's
sole discretion once Contractor has obtained all required permits and otherwise satisfied all conditions
precedent to issuance of NTP.
"Owner's Contingency"means that separate fund which is available for City's use at its sole discretion to
defray additional expenses relative to the design and construction of the Project,as well as additional
expenses expressly chargeable to the City or otherwise deemed the responsibility of the City pursuant to the
Contract Documents.The City retains exclusive use and control 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
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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
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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.
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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 thereon to be constructed in accordance with the Contract Documents and in
accordance with all codes and regulations governing construction of the Project.Any work,materials or
equipment that may reasonably be inferred from the Contract Documents as being required to produce the
intended result shall be supplied by Contractor whether or not specifically called for.City shall have no duties
other than those duties and obligations expressly set forth within the Contract Documents.
2.2.Priority of Contract Documents.In the event of conflict or inconsistency among the Contract
Documents,the following order of precedence shall govern the interpretation of the Contract Documents:
a.Change Orders or Amendments to this Contract (excluding the Plans and Specifications);
b.The Contract Documents (excluding the Plans and Specifications);
c.Modifications or changes to the completed Plans and Specifications,as approved by the City;
d.The completed Plans and Specifications,as approved by the City;and
e.The 1TB.
In the event of any conflict between the General Terms and Conditions of the 1TB (as may be amended by
Change Order),and the Specifications,the provisions of the General Terms and Conditions,as amended,
shall take precedence and control.
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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;
k.that Subcontractor assign all warranties directly to the City,
I.that the Contract Documents provide a limitation of remedies and NO DAMAGES FOR
DELAY as delineated in Article 10 hereof;
m.that in the event of a change in the Work the Subcontractor's Claim for adjustments in the
subcontract price shall be limited exclusively to its actual costs for such changes,plus no more than the
overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment.
n.Each subcontract shall require the Subcontractor to expressly agree that the foregoing
constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other
remedies for claim for increase in the subcontract price,damages,losses or additional compensation.
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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
CONTRA CT DOCUMENTS.THE CITY'S PARTICIPATION,FACILITATION AND/OR ASSISTANCE TO
THE CONTRA CTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT,IN ANY WAY,BE
CONSTRUED,INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF
CONTRA CTOR'S OBLIGATIONS,A WAIVER OF CONTRA CTOR'S OBLIGATIONS AND/OR EXCUSE
ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS.THE
PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRA CTOR'S OBLIGATIONS SHALL NOT
PRECLUDE THE CITY FROM DECLARING CONTRA CTOR IN DEFAULT FOR CONTRACTOR'S
FAILURE TO PERFORM SUCH OBLIGATION,NOR SHALL IT LIMIT,IN ANY WAY,THE CITY'S RIGHTS
AND REMEDIES IN CONNECTION THEREWITH.THE CONTRACTOR EXPRESSLY ACKNOWLEDGES
AND AGREES NOT TO RA ISE 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 BETW EEN 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 1TB,any
information provided by the City to the Contractor relating to the Project and/or other conditions affecting
the Project Site,is provided only for the convenience of the Contractor and does not relieve the Contractor
of the due diligence necessary to independently verify local conditions and Site Conditions.The City makes
no representation or warranty as to,and assumes no responsibility whatsoever with respect to,the
sufficiency,completeness or accuracy of any such test,studies or other information and makes no
guarantee,either express or implied,that the conditions indicated in such information or independently
found by the Contractor as a result of any examination,exploration or testing,are representative of those
existing throughout the performance of the Work or the Project Site,and there is no guarantee against
unanticipated or undisclosed conditions.
ARTICLE 4.CONTRA CT PRICE.
4.1.If the Invitation to Bid Summary or any other Contract Documents contemplate unit pricing for the
Project or any portion thereof,City shall pay to Contractor the amounts determined for the total number of
each of the units of work completed at the unit price stated in the schedule of prices bid.The number of units
contained in this schedule is an estimate only,and final payment shall be made for the actual number of units
incorporated in or made necessary by the Work covered by the Contract Documents.Payment shall be
made at the unit prices applicable to each integral part of the Work.These prices shall be full compensation
for all costs,including overhead and profit,associated with completion of all the Work in full conformity with
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 1TB Price Form.
4.3.To the extent the Project includes both unit prices and a lump sum price,then all sections of this
Article 4 shall apply to the item of Work in question,as applicable.
4.4.No Compensation Prior to Notice to Proceed.Prior to the City's issuance of any Notice to
Proceed,Contractor shall not incur any cost to be reimbursed as part of the Project,except as the Contract
Administrator may authorize in writing.
4.5.Owner's Contingency.The Owner's Contingency shall be an amount,determined by the City,
which will be available to the City to pay for Project costs which are expressly chargeable to the City or
determined to be the City's responsibility under the Contract Documents,including,as it relates to the
Contractor,the following increased costs of the Project incurred by Contractor:
a.Express written changes in the Work made in the discretion of the City after issuance of a
Change Order or Construction Change Directive relating thereto.The decision to make such changes,and
to incur the costs that arise there from,shall be in the sole discretion of the City.No costs may be charged
to the Owner's Contingency under this subsection without express approval of City.
b.Changes to the Work if ordered by agencies having jurisdiction,provided such Work directly
results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon;
c.In the event of Excusable Delay,reasonable acceleration costs to meet milestones,if approved
by the City at its sole and absolute discretion;
d.Differing site conditions pursuant to the Contract Documents;
e.Post-hurricane or storm-related Construction Change Directives (to address matters that are in
addition to,or not covered by,the Contractor's City-approved Hurricane Preparedness Plan required by the
Contract Documents);
f.Increased Costs of the Work resulting from other actions of the City deemed to be City's
responsibility and/or compensable under the Contract Documents.
Unless Contractor secures City's written agreement that such costs are City's responsibility,documentation
of responsibility for such costs shall be submitted with the Contractor's Claim.When Contractor has reason
to anticipate that such costs may be incurred,it shall be the Contractor's responsibility,when feasible,to
provide the City with sufficient advance notice,so as to provide the City with a reasonable opportunity to
avoid such costs.Such costs shall be deemed the City's responsibility if City subsequently agrees in writing
to grant the Claim and accept such responsibility,or if the Claim is granted and responsibility assigned to
City pursuant to the dispute resolution process under the Contract Documents and all reviews thereof are
exhausted or waived by City.The Contractor has no right or entitlement whatsoever to the Owner's
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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.Project Schedule:Preliminary Matters.As a condition of issuance of a Notice to Proceed for the
construction of the Work (typically,NTP2),Contractor shall submit to Consultant for Consultant's review and
acceptance:
6.2.1.A project "Base Line"schedule,one (1)copy on a CD and One (1)hard copy (activities arranged in
"waterfall"),in the indicated form for Final review and approval,in accordance with the Project Scheduling
Format required in the Invitation to Bid Summary.
(CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC)
publication,"The Use of CPM in Construction.")
Contractor shall provide a preliminary man loaded,logic based "Base Line"Project schedule using "Early
Start"and "Early Finish"dates for each activity.The Contractor shall include,in addition to normal work
activity input,input that encompasses all submittal approvals,delivery durations for important materials
and/or equipment,and Logic relationships of activities including physical and site restraints.
The preliminary Base Line project schedule when submitted shall have attached a run of the programs
generated error report that states no errors and be acceptable to Consultant and City.
Monthly,Contractor shall submit with each Application for Payment an update of the Project Schedule with
an error report stating no errors (that does not revise the base line schedule),showing the progress for the
month ("Progress Schedule").CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC
COPY (including a native version and a pdf).In addition to the Progress Schedule Contractor shall include a
narrative report of the months'progress,an explanation of any delays and or additions/deletions to activities.
City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall
not constitute or be construed as City's approval of the Progress Schedule itself,or as approval of any change
to the Project Schedule.Any changes to the Project Schedule,if agreed to,shall be memorialized in a duly
executed Change Order.
It is strongly recommended that Contractor or the professional who performs scheduling have a vast
knowledge in the use of the required scheduling software specified in the Invitation to Bid Summary to
develop and update the project schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide an two (2)week look ahead
schedule for review and discussion and monthly be prepared to discuss any:
1)Proposed changes to the Base Line schedule logic;
2)Explain and provide a narrative for reasons why logic changes should be made;
3)Update to individual subcontractor activities;and
4)Integration of changes into the schedule.
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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 ti me of
submission.If requested by the City,Contractor shall provide additional breakdowns as to any line item,to
show labor,equipment,materials and overhead and profit.
6.2.4.After award but prior to the submission of the progress schedule,Consultant,Contract Administrator
and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation,
provided,however,that by facilitating Contractor's efforts to coordinate with such utilities,City is not assuming
the obligation to coordinate any necessary relocations and Contractor shall be solely responsible for such
coordination.
6.2.5.At a time specified by Consultant but before Contractor starts the work at the Project Site,a
conference attended by Contractor,Consultant and others as deemed appropriate by Contract Administrator
will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals
and for processing Applications for Payment,and to establish a working understanding among the parties as
to the Work.
6.2.6.Within five (5)days from the Project Initiation Date set forth in the Notice to Proceed,a pre-
construction meeting attended by Contractor,Consultant and others,as appropriate,will be held to finalize
the schedules submitted.Within ten (10)days after the Project Initiation Date set forth in Notice to Proceed,
the Contractor shall revise the original schedule submittal to address all review comments from the CPM
review conference and resubmit for Consultant review.The finalized progress schedule will be accepted by
Consultant only as providing an orderly progression of the Work to completion within the Contract Time,but
such acceptance shall not constitute acceptance by City or Consultant of the means or methods of
construction or of the sequencing or scheduling of the Work,and such acceptance will neither impose on
Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full
responsibility therefore.The finalized schedule of Shop Drawing submissions must be acceptable to
Consultant as providing a workable arrangement for processing the submissions.The finalized schedule of
values must be acceptable to Consultant as to form and substance.
6.3.Recovery Schedule.
6.3.1.If Contractor's Work,or any portion of the Work,becomes more than (30)days behind
schedule,if the Work on any critical path item or activity delineated in the Project Schedule is delayed for a
period which exceeds 5%of the days remaining until a completion deadline for an item in the Project
Schedule,or if the reasonably appears that the Contractor will be unable to meet the deadlines of the Project
Schedule,the City may notify Contractor of same,and in such case,the Contractor shall submit a proposed
recovery plan to regain lost schedule progress and to achieve any Project milestones,Substantial
Completion,and Final Completion in accordance with the Contract Documents (Recovery Schedule"),after
taking into account Excusable Delays (as hereinafter defined)and permitted extensions of the Project for
18]General Conditions for Construction Contracts [April 13,2020)
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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.Liquidated Damages.
6.7 .1.Upon failure of Contractor to achieve Substantial Completion within the time period specified in the
Invitation to Bid Summary for Substantial Completion,as such date may be extended pursuant to the terms
of the Contract Documents,Contractor shall pay to City the sum specified in the Invitation to Bid Summary
for "Liquidated Damages"for each calendar day after the time specified in the Invitation to Bid Summary for
Substantial Completion,plus any approved time extensions,for Substantial Completion.Partial Substantial
Completion shall not relieve Contractor of any responsibility for Liquidated Damages for failure to timely
achieve Substantial Completion.
6.7.2.After Substantial Completion is achieved,should Contractor fail to complete the remaining Work
within the time specified in the Invitation to Bid Summary for Final Completion,plus approved time extensions
thereof,Contractor shall pay to City the sum set forth in the Invitation to Bid Summary as "Liquidated
Damages"for each calendar day after the time specified in the Invitation to Bid Summary for Final
Completion,plus any approved extensions.
6.7.3.Contractor agrees that the Liquidated Damages set forth herein are not penalties and have been set
based on an evaluation by City of damages to City and the public caused by untimely performance.Such
damages may include loss of revenues to the City,and additional costs of administering this Agreement,
including Project staff,legal,accounting,consultants and overhead and other administrative costs.
Contractor acknowledges that the amounts established for Liquidated Damages are fair and commercially
reasonable.Contractor and City have agreed to the Liquidated Damages in order to fix Contractor's costs
and to avoid later disputes over which items are properly chargeable to Contractor as a consequence of
Contractor's delays.
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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
24]Ge neral Conditions for Construction Contracts (April 13,2020)
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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
25 [General Conditions for Construction Contracts [April 13,2020)
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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
26 I General Conditions for Construction Contracts (April 13,2020)
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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:
i.The potential for fire,explosion,corrosion,and reaction;
ii.The known acute and chronic health effects of risks from exposure,including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance;and
iii.The primary routes of entry and symptoms of overexposure.
c.The proper precautions,handling practices,necessary personal protective equipment,and other
safety precautions in the use of or exposure to the toxic substances,including appropriate
emergency treatment in case of overexposure.
d.The emergency procedure for spills,fire,disposal,and first aid.
e.A description in lay terms of the known specific potential health risks posed by the toxic
substance intended to alert any person reading this information.
The year and month,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 Damage to Existing Facilities,Equipment or Utilities.
8.7.1.As far as possible,all existing utility lines in the Project area have been shown on the plans.
However,City does not guarantee that all lines are shown,or that,the ones indicated are in their true location.
As part of the Contract Price,it shall be the Contractor's responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project,whether or not shown on the
plans.
8.7.2.The Contractor shall notify each utility company involved at least ten (10)days prior to the start of
construction to arrange for positive underground location,relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.Relocation of water mains or other
28 I General Conditions for Construction Contracts (April 13,2020)
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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.
29 I Generol Conditions for Construction Controcts !April 13,2020)
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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 Ratings Category
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500,001 to 1,000,000
1,000,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10,000,000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
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,34 Floor,Miami,Florida 33139,Certificate(s)of Insurance which indicate that
insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid
Summary (and/or exhibits thereto).
9.4.1.Additional Insured Status.The City of Miami Beach must be covered as an additional insured
with respect to liability arising out of work or operations performed by or on behalf of the Consultant.
9.4.2.Waiver of Subrogation.Contractor hereby grants to City of Miami Beach a waiver of any right to
subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of
the payment of any loss under such insurance.Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation,but this provision applies regardless of whether or not the
City of Miami Beach has received a waiver of subrogation endorsement from the insurer.
9.4.3.Other Insurance Provisions.
a.For any claims related to this project,the Contractor's coverage shall be primary insurance as
respects the City of Miami Beach,its officials,officers,employees,and volunteers.Any
insurance or self-insurance maintained by the City of Miami Beach shall be excess of the
Contractor's insurance and shall not contribute with it.
b.Each policy required by this clause shall provide that coverage shall not be canceled,except
with notice to the City of Miami Beach.
c.If any excavation work is included in the Contract,it is understood and agreed that Contractor's
Liability policy shall not contain exclusion for XCU (Explosion,Collapse and Underground)
coverage.
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
31 I General Conditions for Construction Contracts (April 13,2020)
B+Class I
B+Class II
A Class Ill
A Class IV
A Class V
A Class VI
A Class VII
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
beginning of contract work.
b.Insurance must be maintained and evidence of insurance must be provided for at least five (5)
years after completion of the contract of work.
c.If coverage is canceled or non-renewed,and not replaced with another claims-made policy
form with a retroactive date prior to the contract effective date,the Contractor must purchase
extended period coverage for a minimum of five (5)years after completion of the contract work.
d.A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk
Management (or its designee)for review.
e.If the services involved lead-based paint or asbestos identification/remediation,the
Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions.If the
services involve mold identification/remediation,the Contractors Pollution Liability shall not
contain a mold exclusion and the definition of "Pollution"shall include microbial matter
including mold.
9.4.4.Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M.Best's rating
of no less than A:VII,unless otherwise acceptable to the City of Miami Beach Risk Management Office.
9.4.5.Verification of Coverage.Contractor shall provide the required insurance certificates,
endorsements or applicable policy language effecting coverage required by this Article.All certificates of
insurance and endorsements are to be received prior to any work commencing.However,failure to obtain
the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide
them.The City of Miami Beach reserves the right to require complete,certified copies of all required
insurance policies,including endorsements required by these specifications,at any time.
9.4.6.Special Risks or Circumstances.The City of Miami Beach reserves the right to modify these
requirements,including limits,based on the nature of the risk,prior experience,insurer,coverage,or other
special circumstances.
Certificate Holder:
CITY OF MIAMI BEACH
c/o PROCUREMENT DEPARTMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH,FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under
this section or under any other provision of the Contract Documents.
9.5.Indemnification.
9.5.1.In consideration of the sum of Twenty-Five Dollars ($25.00)and other good and valuable
consideration,the sufficiency of which the Contractor hereby acknowledges,to the fullest extent permitted
by law,Contractor shall defend,indemnify and save harmless City,and their respective officers and
employees,from liabilities,damages,losses and costs including,but not limited to,reasonable attorney's
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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 ()the proposed increase or decrease,if any,in the Cost of the Work
which would result from such a change,(ii)the effect,if any,upon the Contract Time by reason of such
proposed change,and (iii)supporting data and documentation,including any requested by the City in its
change request.
10.3.4.If the Contractor proposes a change in the Work,such proposal must be accompanied by a
detailed cost breakdown and sufficient substantiating data to permit evaluation by the City.If the Contractor
does submit a proposal within the preceding seven (7)business day time period,the City shall,within
twenty-one (21)days following its receipt of such proposal,notify the Contractor as to whether the City
agrees with such proposal and wishes to accept the Contractor's proposal.If the City agrees with such
proposal and wishes to accept the same,the City and the Contractor shall execute a Change Order which
at a minimum specifies:i)the detailed scope associated with the change to the Work;ii)the amount of the
adjustment in the Contract Price,if any,and (iii)the extent of the adjustment in the Contract Time,if any.
In the event the City disagrees with the Contractor's proposal,the City may either (i)notify the Contractor
that the City has decided to not proceed with or approve the requested change,or (ii)issue a Change
Order as provided below.
10.3.5.The increase or decrease in the Contract Price resulting from a change in the Work shall be
determined in one or more of the following ways:
a.by mutual acceptance of a lump sum (inclusive of all overhead and profit)properly itemized
and supported by sufficient substantiating data to permit evaluation by the Consultant and City;
b.by unit prices as may be specified in the Contract Documents or subsequently agreed upon;
c.by time and materials or "cost of the Work"(as defined herein)and a mutually acceptable
fixed or percentage overhead and profit fee for the Contractor.
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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 1TB.The number of units contained in the bid is an estimate only,and final
payment shall be made for the actual number of units incorporated in or made necessary by the Contract
Documents,as may be amended by Change Order.If additional unit price work is ordered,then the
Contractor shall perform the work as directed and shall be paid for the actual quantity of such item(s)of work
performed at the appropriate original schedule of prices bid associated with such Work.
10.3.8.Decreases in the Cost of the Work due to a change in the Project shall result in a decrease to the
Contract Price,by way of a deductive Change Order.
10.3.9.The Contractor's overhead and profit fee for all Change Orders shall be the net change in the
Contract Price,multiplied by the percentage specified for overhead and profit in the Change Order,provided,
that the overhead and profit markup or fee shall be as follows:
(1)if the Change Order Work involves self-performed Work performed by the Contractor's own
forces,the overhead and profit markup shall be reasonable,and shall not exceed ten percent (10%)of the
net change in the Contract Price;or
(2)if the Change Order involves Work performed by Subcontractors or Suppliers,or both,the
overhead and profit markup shall be reasonable,and the overhead and profit markup from Subcontractors
and Suppliers at all tiers shall not exceed ten percent 10%of the net change in the Contract Price,and the
Contractor's mark up for such Subcontractor performed Change Order Work shall not exceed seven and one
half percent (7.5%)of the net change in the Contract Price.
For deductive Change Orders,including deductive Change Orders arising from both additive and deductive
items,the deductive amounts shall include a proportionate corresponding reduction in the overhead and profit
fee,as applicable to the Contractor,Subcontractors or Suppliers.
10.4.Value of Change Order Work/"Costs of the Work".The term "cost of the Work"means the sum
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:
36]General Conditions for Construction Contracts [April 13,2020)
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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.
f.Receipted minor expenses such as long distance telephone calls,telephone service at the site,
express delivery services (FedEx,UPS or couriers,and the like),internet or other
telecommunications services,and similar petty cash items in connection with the Work.
g.Cost of premiums for additional bonds and insurance required because of changes in the Work.
10.4.7.The term "cost of the Work"shall not include any of the following items,as such items are expressly
not to be reimbursed:
a.Payroll costs and other compensation of Contractor's officers,executives,principals (of
partnership and sole proprietorships),general managers,engineers,architects,estimators,
lawyers,auditors,accountants,purchasing and contracting agents,expediters,timekeepers,
clerks and other personnel employed by Contractor whether at the site or in its principal or a
branch office for general administration of the work and not specifically included in the agreed-
upon schedule of job classifications,all of which are to be considered administrative costs
covered by Contractor's fee.
b.Expenses of Contractor's principal and branch offices other than Contractor's office at the Project
Site.
c.Any part of Contractor's capital expenses,including interest on Contractor's capital employed for
the work and charges against Contractor for delinquent payments.
d.Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the
Contract Documents to purchase and maintain the same,except for additional bonds and
insurance required because of changes in the Work.
e.Losses and expenses sustained by the Contractor or any Subcontractors at any tier,not
compensated by insurance or otherwise,if such losses and expenses are due to infidelity on the
part of any employee of Contractor,any Subcontractor or Supplier,anyone directly or indirectly
employed by any of them,or anyone for whose acts any of them may be liable,or others to
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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;
n.Costs of self-insured losses (e.g.,losses within the deductible limits maintained by the Contractor
or any direct or indirect subcontractor),costs covered by any insurance carried by Contractor or
a direct or lower tier subcontractor,costs which would have been covered by the insurance
required to be carried by a Contractor or a direct or lower tier subcontractor under the Contract
Documents,and costs which would have been covered by insurance but for failure of the
Contractor or direct or lower tier subcontractor to properly submit,process or give notice to the
occurrence or claim;
o.Costs of employee bonuses and executive bonuses whether or not based in whole or in part on
performance related to the Work;
p.Costs incurred or paid for recruiting employees (whether to third party recruiters or to
employees);
q.Severance or similar payments on account of terminated employees;
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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 218.7 4(4),Florida Statutes
as such relates to the payment of interest,shall apply to valid and proper invoices.
14.8.Project Sign.Any requirements for a project sign shall be paid by the Contractor as specified by
City Guidelines.
50 [General Conditions for Construction Contracts (April 13,2020)
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
14.9.Availability of Project Site:Removal of Equipment.
14.9.1.Use of the Project Site or any other City-owned property or right-of-way for the purpose of storage
of equipment or materials,lay-down facilities,pre-cast material fabrication,batch plants for the production of
asphalt,concrete or other construction-related materials,or other similar activities,shall require advance
written approval by the Contract Administrator.The City may,at any time,in its sole and absolute discretion,
revoke or rescind such approval for any reason.Upon notice of such rescission,Contractor shall,within
twenty-four (24)hours,remove and relocate any such materials and equipment to a suitable,approved
location.Notwithstanding any other provision in the Contract Documents to the contrary,the conditions or
requirements of right-of-way permits established by the authorities having jurisdiction including,without
limitation any regulatory authorities of the City,shall take precedence over any provision in the Contract
Documents that may provide any right whatsoever to use of the Project Site for staging,material and
equipment storage,lay-down or other similar activities.
14.9.2.In case of termination of this Contract before completion for any cause whatever,Contractor,if
notified to do so by City,shall promptly remove any part or all of Contractor's equipment and supplies from
the property of City,failing which City shall have the right to remove such equipment and supplies at the
expense of Contractor.
14.10.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.
51 ]General Conditions for Construction Contracts [April 13,2020)
Oocusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BO662A41 BO
14.13.Public Entity Crimes.In accordance with the Public Crimes Act,Section 287 .133,Florida Statutes,
a person or affiliate who is a contractor,consultant or other provider,who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to the City,may not submit a bid on a contract with the City for the construction or repair
of a public building or public work,may not submit bids on leases of real property to the City,may not be
awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with the
City,and may not transact any business with the City in excess of the threshold amount provided in Section
287.017,Florida Statutes,for category two purchases for a period of 36 months from the date of being placed
on the convicted vendor list.Violation of this Section by Contractor shall result in cancellation of the City
purchase and may result in Contractor debarment.
14.14.Independent Contractor.Contractor is an independent contractor under this Contract.Services
provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor.In providing
such services,neither Contractor nor its agents shall act as officers,employees,or agents of the City.This
Contract shall not constitute or make the parties a partnership or joint venture.Contractor hereby accepts
complete responsibility as a principal for its agents,Subcontractors,vendors,materialmen,suppliers,their
respective employees,agents and persons acting for or on their behalf,and all others Contractor hires to
perform or to assist in performing the Work.
14.15.Third Party Beneficiaries.Neither Contractor nor City intends to directly or substantially benefit a
third party by this Contract.Therefore,the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them based upon this
Contract.The parties expressly acknowledge that it is not their intent to create any rights or obligations in
any third person or entity under this Contract.
14.16.Severability.In the event a portion of this Contract is found by a court of competent jurisdiction to
be invalid,the remaining provisions shall continue to be effective unless City or Contractor elects to
terminate this Contract.An election to terminate this Contract based upon this provision shall be made within
seven (7)days after the finding by the court becomes final.
ARTICLE 15.INSPECTOR GENERAL AUDIT RIGHTS.
15.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office
of the Inspector General which may,on a random basis,perform reviews,audits,inspections and
investigations on all City contracts,throughout the duration of said contracts.This random audit is
separate and distinct from any other audit performed by or on behalf of the City.
15.2 The Office of the Inspector General is authorized to investigate City affairs and empowered to review
past,present and proposed City programs,accounts,records,contracts and transactions.In
addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the
production of witnesses and monitor City projects and programs.Monitoring of an existing City
project or program may include a report concerning whether the project is on time,within budget and
in conformance with the contract documents and applicable law.The Inspector General shall have
the power to audit,investigate,monitor,oversee,inspect and review operations,activities,
performance and procurement process including but not limited to project design,bid specifications,
(bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,
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
52 I General Conditions for Construction Contracts [April 13,2020)
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
overall annual contract expenditures to fund the activities and operations of the Office of Inspector
General.
15.3 Upon ten (10)days written notice to the Contractor,the Contractor shall make all requested records
and documents available to the Inspector General for inspection and copying.The Inspector General
is empowered to retain the services of independent private sector auditors to audit,investigate,
monitor,oversee,inspect and review operations activities,performance and procurement process
including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of
the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
15.4 The Inspector General shall have the right to inspect and copy all documents and records in the
Contractor's possession,custody or control which in the Inspector General's sole judgment,pertain
to performance of the contract,including,but not limited to original estimate files,change order
estimate files,worksheets,proposals and agreements from and with successful subcontractors and
suppliers,all project-related correspondence,memoranda,instructions,financial documents,
construction documents,(bid/proposal)and contract documents,back-change documents,all
documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,
or dividends received,payroll and personnel records and supporting documentation for the aforesaid
documents and records.
15.5 The Contractor shall make available at its office at all reasonable times the records,materials,and
other evidence regarding the acquisition (bid preparation)and performance of this contract,for
examination,audit,or reproduction,until three (3)years after final payment under this contract or for
any longer period required by statute or by other clauses of this contract.In addition:
i.If this contract is completely or partially terminated,the Contractor shall make available records
relating to the work terminated until three (3)years after any resulting final termination
settlement;and
ii.The Contractor shall make available records relating to appeals or to litigation or the settlement
of claims arising under or relating to this contract until such appeals,litigation,or claims are
finally resolved.
15.6 The provisions in this section shall apply to the Contractor,its officers,agents,employees,
subcontractors and suppliers.The Contractor shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Contractor in connection with the
performance of this contract.
15.7 Nothing in this section shall impair any independent right to the City to conduct audits or investigative
activities.The provisions of this section are neither intended nor shall they be construed to impose
any liability on the City by the Contractor or third parties.
53 I General Conditions for Construction Contracts !April 13,2020)
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BO
ATTACHMENT B
ADDENDA AND 1TB SOLICITATION
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98B0662A4 1 BO
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22N0 AND 236 STREET
November 25,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Friday,December 13,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be
accepted as timely submitted.Bids cannot be submitted after the deadline established for receipt of
bids.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.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:250 714 705#
To join on your computer or mobile app
Click here to join the meeting
II.REVISION:1TB summary item No.13 is hereby amended as follows:
1.Licensing Requirements.Bidder shall be State of Florida Certified Licensed Underground Utility Contractor,
OR
State of Florida Certified Licensed General Contractor with a State of Florida Certified Licensed
Underground Utility Contractor as a subcontractor to be considered for award.
OR
Miami Dade County Registered Licensed Certified General Contractor with a State of Florida
Certified Licensed Underground Utility Contractor as a subcontractor to be considered for award.
Submittal Requirement:Provide a copy of the license(s).
***
1 ADDENDUM NO.7
INV ITA TIO N TO BID NO .2024-212-JP
SU BA Q UEO US W A TE R MA IN RE P LA CE M E NT ,UN D E R CO LLI NS CA NA L A T 22ND A ND 23 STR EE T
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
Ill.REVISION:DELETE Appendix 8-Schedule of Values,in its entirety,and REPLACE with Revised Schedule
of Values,attached hereto as Exhibit A.
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN THREE (3)
DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED NOT RESPONSIVE
AND NOT BEING FURTHER CONSIDERED.
IV.REVISION:DELETE COLLINS CANAL SUBAQUEOUS WM ,in its entirety and REPLACE with Revised
Plans,attached hereto as Exhibit B.
V.REVISION:DELETE BidSpecs,in its entirety and REPLACE with Revised Technical Specifications attached
hereto as Exhibit C.
VI.ATTACHMENTS:
EXHIBIT A:REVISED SCHEDULE OF VALUES
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN
THREE (3)DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
EXHIBIT B:REVISED PLANS
EXHIBIT C:REVISED TECHNICAL SPECIFICATIONS
VII.RESPONSES TO QUESTIONS RECEIVED:
Q1:What is the engineer estimate for this project?
A1:The CONSTRUCTION BASE ITEMS SUBTOTAL is $2,339,365,not including dedicated
allowances,additive alternates,and a 10%contingency allowance.The TOTAL VALUE
engineer's opinion of probable cost is $2,897,302.
Q2:Are domestic products required on this project?Buy American,American iron &steel requirements?
A2:There are no requirements to purchase American-made products.Products will be
reviewed by the Engineer of Record (EOR)and the City of Miami Beach.The products must
meet the standards (e.g.,AWWAI ASTM /ANSI /etc.)outlined within the specifications.
Q3:SOV Items 12-20 are duplicates of ltems 3-11.
A3:Please refer to Exhibit A,Revised Schedule of Values.These items are not duplicates of
each other.Items No.2 through 10 reference the "furnish and delivering"only,while Items
No.11 throu h 19 reference the sical "installation"and construction
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN
THREE (3)DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
2 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
MIAMI BEACH
Docusign Envelope ID:5EF181O9-CA2A-448F-A7B2-98BO662A4 1BD
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
Q4:Ductile iron pipe items on SOV state "including fittings and valves"yet there being separate bid items
quantifying valves and fittings?
A4:Please refer to Exhibit A,Revised Schedule of Values.For pipe sizes 8 inches or less,the
valves and fittings are included as part of the pipeline items (i.e.,items 2 and 11 ).For pipe
sizes greater than 8-inches,the fittings are included as part of the pipeline item (items 3,4,5,
6,7,12,13,14,15,and 16.),while valves are within separate line items (i.e.items 8,9,10,17,
18 and 19 .All manual air release valves ARVs have a se arate line item item 25.
05:Two 8-inch valves are not included on the SOV.
AS:Please refer to Exhibit A,Revised Schedule of Values.The 8-inch valves are included in
the cost for Items 2 and 11.
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN
THREE (3)DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
Q6:Please confirm the unit of measure for concrete sidewalk restoration is SF and not SY.
A6:Please refer to Exhibit A,Revised Schedule of Values.The unit of measure for Item 39,
restoring concrete sidewalk,is square feet (SF).
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN
THREE (3)DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
Q7:Please confirm the unit of measure for brick crosswalk is SY and not SF.
A7:Please refer to Exhibit A,Revised Schedule of Values.The unit of measure for Item 40,
restoring brick crosswalk,is square feet (SF).
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN
THREE (3)DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
QB:Unit of measure for sodded areas is shown as AS (assembly).
AS:Please refer to Exhibit A,Revised Schedule of Values.The unit of measure for Item 41,
restoring sodded area,is square yards (SY).
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN
THREE (3)DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
3 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEO US WATER MAIN REPLACEMENT.UNDER COLLINS CANAL AT 22ND AND 23 STREET
MIAMI BEACH
Docusign Envelope ID:5EF18109-CA2A-448F-A782-9880662A41 BO
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
Q9:SOV lists tapping connections.All connections on plans appear to be cut-in connections,not tapped.
A9:Please refer to Exhibit A,Revised Schedule of Values.Pay Item No.25 has been revised
to "Cut-in Connections".
FAILURE TO SUBMIT THE REVISED SCHEDULE OF VALUES WITH THE BID OR WITHIN
THREE (3)DAYS OF REQUEST BY THE CITY SHALL RESULT IN THE BID BEING DEEMED
NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
Q10:Will we have any impact to this project from the Dissolved Hydrocarbon Plume adjacent to our work
area on 23rd Street?If so,how will the costs associated with it be captured,and what will the requirements
be?
A10:There is a dissolved hydrocarbon plume (contamination)located near 234 Street &Park
Avenue,as delineated in sheet C1-02 of the plans.This plume is identified by RER-DERM
Case #UT-00480 and FDEP #138503541.The intent of this Contract is to complete
construction without dewatering,except at the cut-in connections.
When the contractor performs dewatering on 23d Street for the cut-in connection at Station
5+52,the Contractor must provide a dewatering plan showing the radius of influence from the
drawdown along with the plume.If the radius of influence intersects with the contamination
plume,the contractor then needs to provide alternative analysis with hydraulic controls to be
evaluated or retain the services of a Certified Industrial Hygienist certified by the American
Board of Industrial Hygiene or a State of Florida Registered Engineer in the Environmental
Engineering Discipline to develop a site-specific health and safety plan,monitor and evaluate
environmental conditions for the duration of the contract and have a qualified representative
on-site at all times during the construction.If field conditions,as evaluated by the
Hygienist/Engineer,require special construction procedures,the contractor shall utilize the
required procedures via qualified subcontractors or training and equipping of his own forces
to a level satisfactory to the Hygienist/Engineer and the City.
The contractor's bid should be based on the assumption that the project will not be affected
by contamination and that a Certified Industrial Hygienist will not be needed.If contamination
does affect the project or if a Certified Industrial Hygienist becomes necessary,the
associated costs will be addressed through a change order.
Section 312319 -Dewatering has been revised to include additional criteria required within
the dewatering plan to address the plume.
Q11:Can an allowance be added so that there is an apples-to-apples comparison between contractors for
dealing with the contamination if needed?
A11:The contractor's bid should be based on the assumption that the project will not be
affected by contamination and that a Certified Industrial Hygienist will not be needed.If
4 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
MIAMI BEACH
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
contamination does affect the project or if a Certified Industrial Hygienist becomes
necessary,the associated costs will be addressed through a change order.
Q12:Will any special worker qualifications or certifications like OSHA Hazwoper 40 Hr training be needed
due to the contamination?
A12:If the services of a Certified Industrial Hygienist certified by the American Board of
Industrial Hygiene or a State of Florida Registered Engineer in the Environmental Engineering
Discipline are deemed necessary,then this person would be responsible for determining
whether the OSHA 40-Hour HAZWOPER certification or other certifications are required.See
response to Q10 for further information.
Q13:Will the certified Hygienist need to also develop a site-specific Health and Safety Plan?
A13:See response to Q10,second paragraph.If the services of a Certified Industrial
Hygienist certified by the American Board of Industrial Hygiene or a State of Florida
Registered Engineer in the Environmental Engineering Discipline are deemed necessary,then
this person would be responsible for developing a site-specific Health and Safety Plan.
014:Will a certified arborist be required for cutting the roots by the large tree where we connect to the
existing line on Dade Blvd?
A14:If the contractor deems that cutting roots is required for completing construction,the
root pruning must be performed by an ISA-certified arborist using a specialized root pruning
machine and in accordance with the requirements specified in the contract documents.
Please refer to sheet 4 of the design plans ("General Notes and Tree Protection")for further
requirements.
Q15:Where can groundwater from our dewatering operations be discharged?Will it all need to be
containerized and sampled prior to release due to possible contamination?If so,where can we account for
those costs?
A 15:The intent of this Contract is to complete construction without dewatering,except at the
cut-in connections.The Contractor may not discharge into City-owned gravity wells.The
City would not require containerizing and sampling prior to release unless required by a
regulatory agency or the Contractor's Certified Industrial Hygienist or Environmental
Engineer.Finally,see the response to Q10 for additional details related to the contamination
and the capturing of associated costs.
016:Where are you anticipating that sheeting will be left in place?
A16:Left-in-place sheet piling is not anticipated.
5 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
MIAMI BEACH
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
Q17:The bid form only goes to item 45.The measurement and payment section,however,has two
dedicated allowance items and a bid contingency item (items 46-48).Can a new bid form be issued with the
dollar amounts or percentages for those items?
A17:The numbering of pay items has been revised.The Schedule of Values has been revised
to contain only items requiring the contractor's pricing.The allowances are predetermined
amounts shown on the bid price form.A 10%contingency of the Grand Total Bid will be
added by the City at the time of award and reflected in the final contract.
Q18:Please confirm that 226 St and 236 St can be shut down as needed to perform this work.
A18:Partial closures of 22nd Street and 23rd Street are acceptable.Complete shutdowns of
either 22nd or 23rd Street are not acceptable.The contractor is required to make reasonable
efforts to minimize the duration of any lane closures and the number of impacted travel lanes.
The contractor may elect to temporarily repurpose parking spaces as travel lanes.The cost of
parking rental fees charged by the City of Miami Beach Parking Department would be
reimbursed from the Permit Allowance.The Contractor is responsible for obtaining a City of
Miami Beach Right-of-Way permit,which includes obtaining approval of a Traffic Control
Plan.
Q19:Will the bus stop on Dade Blvd need to remain fully in service while we are working in that area?
A19:Per the Traffic Control Plan on sheet TCP-2 of the design plans,the bus stop on the
north side of Dade Blvd is intended to remain operational during construction.
Q20:At the prebid meeting it was mentioned that this job will most likely have an award date in January and
the city would look to have it start in May of 2025 when school is no longer in session.If this project is
delayed by no fault of the contractor,until school is back in session,and the contractor then has to wait until
December or possibly May 2026,will the contractor be able to submit a cost escalation change order?
A20:A cost escalation changer order will not be needed,as the intent of the City is for the
contractor to mobilize as soon as possible after the award date.
Q21:Due to the location of the connection to the existing 12"water main on Dade Blvd for the proposed 16"
water main on 23¢St,we will be cutting right through a major portion of the roots for an extremely large
Poinciana tree.If despite the contractor and/or arborists bests efforts that tree dies,will the contractor be
required to replace a similarly sized tree?
A21:If the tree dies,the Contractor is responsible for replacing it.
6 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
MIAMI BEACH
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A41 BD
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
022:Can the branches of the Poinciana tree mentioned in question 12 be cut?They hang about 4'off the
ground right above the work area.
A22:See response to Q14.
023:Pease confirm that the unsuitable soil line item is for muck and that there is currently not any line items
to handle contaminated soil.
A23:Correct,the unsuitable soil is for muck,and there are no items to handle contaminated
soil.
024:The Grand Total in the Bid Price Form includes an influent gravity sewer laterals replacements
allowance,but no such allowance is listed.
A24:That is a scrivener's error.The Grand Total shall not include an influent gravity sewer
laterals replacements allowance
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
MIAMI BEACH
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943 miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,Uatala be2A>
Natalia Delgado"7-
Procurement Contracting Officer Ill
7 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
D ocusign Envelope ID :5EF18109-C A2 A-4 48F-A 7B2-98B0 662A 41 BO
MIAMI BEACH
EXHIBIT A
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
MIAM I BEACH
REVISED SCHEDULE OF VALUES
THE REVISED SCHEDULE OF VALUES IS
REQUIRED TO BE SUBMITTED WITH THE
BID OR WITHIN THREE (3)DAYS OF
REQUEST BY THE CIT
8 ADDENDUM NO.7
INVITATIO N TO BID NO .2024-212-JP
SUBAQ UEO US W ATER MAIN REPLA CEM ENT,UNDER COLLI NS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID:5EF18109-CA2A-448F-A782-988D662A41 BD
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
SCHEDULE OF VALUES
Bidders should fully complete the Schedule of Values to include quantities,units of measure,unit pricing,
and totals.The cost of any item(s)of work not covered by a specific contract unit price shall be included
in the contract unit price to which the item(s)is most applicable.Both unit price and extended total prices
must be stated in units of quantity specified in the bidding specifications.Bidder agrees that any unit
price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
UNIT OF (A)(B)(C)
ITEM NO.DESCRIPTION MEASURE QTY UNIT TOTAL
COST (AxB=C)
GENERAL
1
Mobilization/Demobilization,to be
paid for in 4 separate payments.As
per Measurement and Payment Item
No.1
LS
WATER MAIN
2 Furnishing and delivering all
necessary 8-inch zinc coated LF 260polywrappedductileironwatermain.
Includina fittings and valves
3 Furnishing and delivering all
necessary 12-inch zinc coated LF 230polywrappedductileironwatermain
and fittinas
4 Furnishing and delivering all
necessary 16-inch zinc coated LF 130polywrappedductileironwatermain
and fittings
5 Furnishing and delivering all
necessary 24-inch zinc coated LF 70polywrappedductileironwatermain
and fittings
6 Furnishing and delivering all
necessary 16-inch HOPE water main LF 550
and fittings
7 Furnishing and delivering all
necessary 20-inch HOPE water main LF 520
and fittinas
8 Furnishing and delivering 12-inch
mechanical joint resilient seated gate EA 8valve(s)for water main,complete
9 Furnishing and delivering 16-inch
mechanical joint butterfly valve(s)for EA 4
water main,complete
10 Furnishing and delivering 24-inch EA 3
mechanical joint butterfly valve(s)for
water main,complete
91 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLA CEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STR EET
Docusign Envelope ID:5EF 181O9-CA2A-448F-A7B2-98BD662A441BD
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
11 Installing all necessary 8-inch zinc
coated polywrapped ductile iron water LF 260mainviaopencut.Including fittings
and valves
12 Installing all necessary 12-inch zinc
coated polywrapped ductile iron water LF 230mainviaopencut.Including fittings
13 Installing all necessary 16-inch zinc
coated polywrapped ductile iron water LF 130
main via opencut.Includina fittinqs.
14 Installing all necessary 24-inch zinc
coated polywrapped ductile iron water LF 70
main.Including fittings
15 Installing all necessary 16-inch HDPE LF 550watermainviaHODandfittings
16 Installing all necessary 20-inch HOPE
water main via HOD and fittings LF 520
17 Installing 12-inch mechanical joint
resilient seated gate valve(s)for water EA 8
main,complete
18 Installing 16-inch mechanical joint
butterfly valve(s)for water main,EA 2
complete
19 Installing 24-inch mechanical joint
butterfly valve(s)for water main,EA 3
complete
Furnishing and delivering all
20 necessary 12-inch mechanical joint EAtypeimpermeablefluoroelstomer 17
laaskets for D.I.P.and fittings
Furnishing and delivering all
21 necessary 16-inch mechanical joint EA 2
type impermeable fluoroelstomer
aaskets for D.I.P.and fittings
Furnishing and delivering all
22 necessary 12-inch push-on type EA 1
impermeable fluoroelstomer gaskets
for D.I.P.and fittings
Furnishing and delivering all
23 necessary 16-inch push-on type EA 3
impermeable fluoroelstomer gaskets
for D.I.P.and fittings
24 Cut-in connections to existing water EA 10mains
25 Furnishing and Installing Manual Air
Release Valve Assemblies (ARVs)for EA 5
water main
10 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
D ocusign Envelope ID :5EF 18109-C A2 A-4 48F-A 7B2-98BD 662A441B D
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,34 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
26
27
28
29
30
31
32
33
34
35
36
Furnishing and installing 4-inch "Long"
water services
Furnishing and installing 4-inch "short"
water services
Furnishing,delivering,and installing
flowable fill used for abandoning water
mains as directed b the En ineer
Trench overcut in 1-foot depth
increments,for an size i e
Sheeting and shoring ordered left in
lace b the En ineer
Removal,transport,and legal disposal
of unsuitable backfill materials,
including tipping fees,as ordered by
the En ineer
Furnishing and installing additional
suitable backfill material,as directed
b the En ineer
limerock base
avement re airs
Type "S-11I"asphaltic
crete surface course permanent
ement re airs
Cold milling roadway surface course
for permanent pavement repairs
(nominal 1-inch thick)
Constructing Type "S-11I"permanent
pavement repairs for roadway
(nominal 1-inch-thick machine-laid
asphaltic concrete friction surface
EA
EA
CY
LF
CY
CY
SY
SY
SY
SY
1
90
680
250
302
302
193
193
1574
1574
RESTORATION
Replacing pavement markings 1
37 damaged,removed,or obliterated by AS
the Contractor's operation
38 Concrete curb and gutter restoration LF 130
to match existina
39 Restoring concrete sidewalk SF 70
40 Restoring brick crosswalk SF 310
41 Restoring sodded area SY 522
42 Tree Removal &Relocation Including AS 1
Tree Permit
11 ADDENDUM NO.7
INVITATIO N TO BID NO .2024-212-JP
SUBAQ UEO US W ATER MAIN REPLA CEMENT,UNDER COLLI NS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662441 BD
MIAMI BEACH
MAINTENANCE OF TRAFFIC
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3+Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
Furnishing traffic control
44 -TOTAL BASE BID AMOUNT (LINES 1-43)
12 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEO US WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID:5EF181O9-CA2A-448F-A7B2-98BD662A41BD
MIAMI BEACH
EXHIBIT B
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
MIAMI BEACH
REVISED PLANS
Uploaded Separately to PeriscopeS2G
13 ADDENDUM NO.7
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
D ocusign Envelope ID :5EF 18109-C A2 A-4 48F-A 7B2-98BD662A4 1 BD
MIAMI BEACH
EXHIBIT C
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
MIAMI BEACH
REVISED TECHNICAL SPECIFICATIONS
Uploaded Separately to PeriscopeS2G
14 ADDENDUM NO .7
INVITATIO N TO BID NO .2024-212-JP
SUBAQ UEO US W ATER MAIN REPLA CEMENT,UNDER CO LLI NS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A41BD
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO.6
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 220 AND 236 STREET
November 6,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Monday,December 2,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be
accepted as timely submitted.Bids cannot be submitted after the deadline established for receipt of
bids.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.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:250 714 705#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7 490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
/atao gade
Natalia Delgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.6
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
D o cusig n E nve lo pe ID :5E F 18 10 9-C A2 A -4 48F-A 7B 2-98B D 662A 41B D
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.5
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22N0 AND 23 STREET
November 1,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
Periscope52G is extended until 3:00 p.m.,on Tuesday,November 12,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be
accepted as timely submitted.Bids cannot be submitted after the deadline established for receipt of
bids.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.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:250 714 705#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
/atao Dolpade
Natalia Delgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.4
IN VITATIO N TO BID NO .2024-212-JP
SU BAQ U EO US W ATER MAIN REPLACEM ENT,UNDER CO LLI NS CANAL AT 22ND AND 23 STR EET
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO.4
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22N AND 238 STREET
October 16,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Friday,November 8,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be
accepted as timely submitted.Bids cannot be submitted after the deadline established for receipt of
bids.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.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:250 714 705#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
Natalia Delgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.4
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98D662A441BD
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.3
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22N AND 238 STREET
October 9,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3.00 p.m.,on Wednesday,October 23,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be
accepted as timely submitted.Bids cannot be submitted after the deadline established for receipt of
bids.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.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:250 714 705#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachft.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachft.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,oat6a Dolpade
Natalia Delgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.3
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.2
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22 AND 238 STREET
September 24,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are shown
by strikethrough and additions are underlined).
I.REVISION:1TB DUE DATE AND TIME.The deadline for receipt of electronic submittals through
PeriscopeS2G is extended until 3:00 p.m.,on Friday,October 18,2024.
All bids received and time stamped through PeriscopeS2G,prior to the bid submittal deadline shall be accepted
as timely submitted.Bids cannot be submitted after the deadline established for receipt of bids.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.
PUBLIC BID OPENING
Dial-In Instructions:
•Dial the Telephone Number:+1 786-636-1480
•Enter the Conference ID No:250 714 705#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department
to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
Julissa erez miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.
Sincerely,
/ato.a Oct4adoForKristyBada
Chief Procurement Officer
1 ADDENDUM NO.2
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
D o cusign Envelope ID :5E F181O 9-C A2A-4 48F-A 7B2-98BD 662A4 1 BD
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
ADDENDUM NO.1
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22N AND 236 STREET
September 11,2024
This Addendum to the above-referenced 1TB is issued in response to questions from prospective proposers,or other
clarifications and revisions issued by the City.The 1TB is amended in the following particulars only (deletions are
shown by strikethrough and additions are underlined).
I.REVISION:DELETE 1TB Summary -Section 13 -Minimum Requirements of the 1TB,in its entirety and REPLACE
with EXHIBIT A:Revised Section 13 -Minimum Requirements.
II.ATTACHMENTS:
EXHIBIT A:Revised Section 13 -Minimum Requirements
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below,with a copy to the City Clerk's Office at
RafaelGranado@miamibeachfl.gov
Contact:
Julissa Perez
Telephone:
305-673-7490 ext.26943
Email:
miamibeachfl.ov
Proposers are reminded to acknowledge receipt of this addendum as part of your 1TB submission.Potential
proposers that have elected not to submit a response to the 1TB are requested to complete and return the "Notice to
Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal.
Sincerely,
atala cqadoNataliaDelgado
Procurement Contracting Officer Ill
1 ADDENDUM NO.1
INVITATIO N TO BID NO .2024-212-JP
SUBAQ UEO US W ATER MAIN REPLA CEMENT,UNDER COLLI NS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID :5EF1810 9-CA2 A-4 48F-A7B2-98BO662A4 1 BO
MIAMI BEACH
EXHIBIT A
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3¢Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
MIAMI BEACH
Revised Section 13 -Minimum Requirements
2 ADDENDUM NO.1
INVITATION TO BID NO.2024-212-JP
SUBAQUEO US WATER MAIN REPLA CEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
D ocusign Envelope ID :5EF 18109-C A2A-4 48F-A7B2-98 D6624 41B D
MIAMI BEACH PROCUREMENT DEPARTMENT
1755 Meridian Avenue,36 Floor
Miami Beach,Florida 33139
www .miamibeachfl.gov
Bids from bidders that do not meet the following Minimum Requirements shall be deemed non-
responsive and shall not be considered.
1.Licensing Requirements.Bidder shall be State of Florida Certified Underground Utility
Contractor,
OR
State of Florida Certified General Contractor with a State of Florida Certified Underground
Utility Contractor as a subcontractor to be considered for award.
OR
Miami Dade County Certified General Contractor with a State of Florida Certified
Underground Utility Contractor as a subcontractor to be considered for award.
Submittal Requirement:Provide a copy of the license(s).
2.Previous Experience of Bidder (Firm and/or its principal).Bidder and/or its principal must
have been awarded a minimum of three (3)projects of similar scope and budget within the
last ten (10)years,two (2)of which must be completed,and the third may be ongoing.A
project of similar scope shall be defined as a pipeline construction project using horizontal
directional drill (HOD)to install HOPE piping of 20"or larger,with a construction cost of at
least $1 million.
Submittal Requirement:For each project,submit 1)Project Owner Name,2)Contact
Name,Telephone,and Email,3)Project Address,4)Narrative on the Scope of Services
Provided,and 5)Construction cost and completion date (if applicable).
3.Previous Experience of Bidder (Firm)Lead Project Manager.Bidder's Lead Project
Manager must have been awarded a minimum of two (2)projects of similar scope within the
last ten (10)years,one (1)of which must be completed,and the second may be ongoing.A
project of similar scope shall be defined as a pipeline construction project using horizontal
directional drill (HOD)to install HOPE piping of 20"or larger.
Submittal Requirement:For each project,submit 1)Name of Lead Project Manager 2)
Project Owner Contact Name,Telephone,and email,3)Project Address,4)Narrative on
Scope of Services Provided,and 5)Completion date (if applicable).
4.Previous Experience of Bidder (Firm)Superintendent.Bidder's Superintendent must
have been awarded a minimum of two (2)projects of similar scope within the last ten (10)
years,one (1)of which must be completed,and the second may be ongoing.A project of
similar scope shall be defined as a pipeline construction project using horizontal directional
drill (HOD)to install HOPE piping of 20"or larger.
Submittal Requirement:For each project,submit 1)Name of Superintendent 2)Project
Owner Contact Name,Telephone,and email,3)Project Address,4)Narrative on Scope of
Services Provided,and 5)Completion date (if applicable).
Reference:Section 0200.
3 ADDENDUM NO.1
INVITATION TO BID NO.2024-212-JP
SUBAQUEOUS WATER MAIN REPLA CEMENT,UNDER COLLINS CANAL AT 22ND AND 23 STREET
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
1TB SUMMARY
The purpose of this 1TB Summary is to summarize the major terms,conditions,and requirements of
the 1TB.Bidders shall note that various paragraphs within these bid documents have a box (□),
which may be checked ([d ).If the box is checked,the language is made a part of the bid documents,
and compliance therewith is required of the Bidder;if the box is not checked,the language is not
made a part of the bid documents.It is the Bidder's responsibility to become familiar with all terms,
conditions,and requirements of the 1TB,whether or not they are included in the 1TB Summary.
Further,it is the Bidder's responsibility to make note of and account for any revisions to any portion
of the 1TB Summary that may result from an addendum to the 1TB.
SUMMARY 1TB INFORMATION &GENERA L REQUIREMENTSITEMNO.
1 1TB No.:2024-212-JP
2 1TB Title:SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER
COLLINS CANAL AT 22\AND 230 STREET
3 Date of Issuance:Tuesday,August 13,2024
4 Project Description &This water system project was recommended in the City's
Scope of Work:Water System Master Plan (2019),under Project W-45.The
project was recommended for installation in the years 2020 -
2025.The City of Miami Beach approved the implementation
of capital improvements in accordance with the City's Water
Master Plan (2019).
In accordance with recommendations in the City's Water
Master Plan,the scope of this project is to install new potable
water pipelines across Collins Canal at 22nd Street and 23rd
Street,and associated improvements.The project includes
pipelines of varying diameter (4"to 24")and material types
(ductile iron and high-density polyethylene-HOPE),and the
construction method includes both Horizontal Direction Drill
(HOD)and open cut.
The project includes replacing two out-of-service subaqueous
water mains with new 20-inch and 16-inch HOPE water mains
installed via HOD method requiring four HOD pits and installing
ductile iron pipe ranging from 8-inch diameter to 20-inch
diameter,installed via open-cut.
The work set forth within these contract documents includes
the furnishing of all labor,materials,equipment,services,and
incidentals necessary to complete the required work described
here,including all appurtenant work,complete,tested,and
ready for operation,including temporary utilities and facilities
as required,all surveying work for layout construction and as-
builts,all in conformance with these Contract Documents and
City of Miami Beach Public Works Standards.
5 Project Site:23"Street,from the west side of Liberty Avenue to the west
side of Dade Blvd.
22"Street,from the west side of Park Avenue to the west
side of Dade Blvd.
6 Estimated Budget:$2,351,515
Version 2023.2.10
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
7
8
9
Procurement Contact:
Cone of Silence:
Due Date &Time for Bid
Submittal:
Name:Julissa Perez
Telephone:305-673-7490 ext.26943
Email:Julissaperez@miamibeachfl.aov
Bidders are hereby advised that pursuant to Section 2-486 of
the City Code,this solicitation is under the Cone of Silence
law.Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein
with a copy to the City Clerk at
rafaelgranado@miamibeachfl.gov.
Reference:Section 0400,Solicitation Terms and Conditions
IMPORTANT DATES
The deadline for the submittal of bids is 3:00 pm on Friday,
September27,2024
10
An addendum to the 1TB may
modify the due date.The Bidder
must download all addenda.
Pre-Bid Conference:
[]Pre-Bid Conference will
be held.
[]Pre-Bid Conference is
Mandatory.
D A Pre-Bid Conference
will not be held.
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 786-636-1480 United States,Miami
Phone Conference ID:250 714 705#
Bidders are cautioned that late bids can not be submitted.
Bidders are fully responsible for assuring that bids are received
by the deadline.
Date:Tuesday,August 27,2024
Time:2:30 PM
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 786-636-1480 United States,Miami
Phone Conference ID:138 675 498#
Reference:Section 0100,Sub-section 6,Pre-Bid
Interpretations.
Site Visit:
[]Site Visit will be held.
D Site Visit is Mandatory.
D Site Visit will not be
held.
Date:
Time:
Location:
Tuesday,August 27,2024
9:00 AM
103 22nd Street,
Miami Beach,FL 33139
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
12 Last Day for Receipt of Tuesday,September 17,2024,by 5:00 pm E.T.
Questions:
Questions will be allowed up to 10 days before the initial
deadline for submittal of Bids.Questions must be directed to
julissaperez@miamibeachfl_goy with a copy sent to the City
Clerk rafaelgranado@miamibeachfl.gov.
Reference:Section 0100,Sub-section 6,Pre-Bid
Interpretations.
PROJECT SPECIFIC INFORMATION &REQUIREMENTS
13 Minimum Requirements:
]shall apply.
D Shall not apply.
Bids from bidders that do not meet the following Minimum
Requirements shall be deemed non-responsive and shall not
be considered.
1.Licensing Requirements.Bidder shall be State of
Florida Certified Underground Utility Contractor,
OR
State of Florida Certified General Contractor withaStateofFloridaCertifiedUndergroundUtility
Contractor as a subcontractor to be considered for
award.
OR
Miami Dade County Certified General Contractor
with a State of Florida Certified Underground
Utility Contractor as a subcontractor to be
considered for award.
Submittal Requirement:Provide a copy of the
license(s).
2.Previous Experience of Bidder (Firm and/or its
principal).Bidder and/or its principal must have
been awarded a minimum of three (3)projects of
similar scope and budget within the last ten (10)
years,two (2)of which must be completed,and the
third may be ongoing.A project of similar scope
shall be defined as a pipeline construction project
using horizontal directional drill (HOD)to install
HOPE piping of 20"or larger,with a construction
cost of at least $1 million.
Submittal Requirement:For each project,
submit 1)Project Owner Name,2)Contact
Name,Telephone,and Email,3)Project
Address,4)Narrative on the Scope of Services
Provided,and 5)Construction cost and
completion date (if applicable).
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662441BD
3.Previous Experience of Bidder (Firm)Lead Project
Manager.Bidder's Lead Project Manager must
have been awarded a minimum of three (3)
projects of similar scope and budget within the last
ten (10)years,two (2)of which must be completed,
and the third may be ongoing.A project of similar
scope shall be defined as a pipeline construction
project using horizontal directional drill (HOD)to
install HOPE piping of 20"or larger,with a
construction cost of at least $1 million.
Submittal Requirement:For each project,
submit 1)Name of Lead Project Manager 2)
Project Owner Contact Name,Telephone,and
email,3)Project Address,4)Narrative on
Scope of Services Provided,and 5)Contract
cost and completion date (if applicable).
4.Previous Experience of Bidder (Firm)
Superintendent.Bidder's Superintendent must
have been awarded a minimum of three (3)
projects of similar scope and budget within the last
ten (10)years,two (2)of which must be completed,
and the third may be ongoing.A project of similar
scope shall be defined as a pipeline construction
project using horizontal directional drill (HOD)to
install HOPE piping of 20"or larger,with a
construction cost of at least $1 million.
Submittal Requirement:For each project,
submit 1)Name of Superintendent 2)Project
Owner Contact Name,Telephone,and email,
3)Project Address,4)Narrative on Scope of
Services Provided,and 5)Contract cost and
completion date (if applicable).
Reference:Section 0200.
14 Bid Bond Requirements:
[]shall apply.
D Shall not apply.
If the requirement applies,a bid bond that is in compliance with
Section 0100 must submitted.
Reference:Appendix B Bid Bond Form
Section 0100,Sub-section 8,Bid Bond.
Docusign Envelope ID:5EF18109-CA2A-448F-A 7B2-98B0662A41 BO
15
16
17
18
19
20
Insurance:
[]shall apply.
D Shall not apply.
Contract Price:
]Lump sum pricing shall
apply.
[]Unit pricing.
Alternates:
[]Included.
[]Not Included.
Contract Time &Schedule:
Liquidated Damages:
]Shall apply.
D Shall not apply.
Minimum %of Self-Work
Requirement:
]shall apply.
D Shall not apply.
If the requirement applies,Bidder agrees it shall fully comply
with the insurance requirements in Appendix I.
Compliance with the insurance requirements shall not relieve
the Contractor of its liability and obligation under this section
or any other section of the agreement.
As indicated,contract pricing shall be based on lump sum or
unit pricing in accordance with Section 0400,Terms and
Conditions of the Contract.The award shall be made in
accordance with Section 0100,Instructions to Bidders
subsection 10,Method of Award.
In determining the lowest bid,the City may consider the total
base bid cost or the cost of the total base bid plus any selected
alternates (as applicable).The consideration of any bid
alternate (if applicable)shall be solely at the City's discretion.
If applicable,bid alternates will be detailed in the Bid Price
Form,Appendix A.Determination of the award (including
whether bid alternates will be included in the award)shall be
made in accordance with Section 0100,Instructions to Bidders
subsection 10,Method of Award.
Days for Substantial Completion:120 days
Days for Final Completion:60 days
Total Project Duration:180 days
Project Scheduling Software Required:D Bar Chart
[]Computerized CPM using Primavera "P6"software
[]Modified CPM
[]Microsoft Project
Reference:Section 0400,Terms and Conditions of the
Contract.
1.Failure to achieve Substantial Completion:$2,650/day
2.Failure to achieve Final Completion:$2,650/day
Reference:Section 0400,Terms and Conditions of the
Contract.
Minimum%of the work Contractor will self-perform with its
forces:40%
See Section 0400,Terms and Conditions of the Contract.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
21 Performance &Payment See Section 0400,Terms and Conditions of the Contract.
Bond Requirements:1.Formal Solicitations Terms and Conditions for Goods and
[]Shall apply.Services
AN D
D Shall not apply.General Conditions for Construction Contracts
22 Davis-Bacon Wage Rates:If the requirement applies,Bidder agrees that it and its sub-□Shall apply.contractors shall pay laborers and mechanics employed under
the Contract no less than the prevailing wage rate,and fringe
]Shall not apply.benefit payments to be used in implementation of this article
shall be those last published by the United States Department
of Labor in the Federal Register prior to the date of issuance
of the 1TB.
23 Local Workforce Applicable to contracts in excess of $1,500,000.If the
Participation:requirement applies,the Bidder agrees that it and its
subcontractors shall make its good-faith,reasonable efforts to
promote employment opportunities for Miami-Dade County
residents by seeking to achieve a project goal of having thirty
percent (30%)of all construction-labor hours performed by
Miami-Dade County residents.The Contractor shall also make
its best reasonable efforts to promote employment
opportunities for Miami Beach residents.
Refer to Section 0100,Sub-section 9,Prevailing Wage Rates
&Local Workforce Participation and City Code Sec.3140.
Local workforc e participation goals and reporting requirements
for city construction contracts.
24 Prevailing Wage Rates:Applicable to contracts in excess of $1,500,000.Hf the
requirement applies,Bidder agrees it,and its subcontractors
shall pay laborers and mechanics employed under the
Contract no less than the-prevailing wage rate,and fringe
benefit payments to be used in implementation of this article
shall be those last published by the United States Department
of Labor in the Federal Register prior to the date of issuance
of the TB.
Refer to Section 0100,Sub-section 9,Prevailing Wage Rates
&Local Workforce Participation and City Code Sec.31-27.
Establishment of minimum wages for city construction
contracts.
25 Certified Payroll Reporting Pursuant to City Code Section 31-32,the Awarded Contractor
Requirement:must submit certified payroll records along with each payment
[]shal apply.application to allow the City to verify the wage rates paid to
construction workers performing work on city projects.
D Shall not apply.All certified payroll records submitted to the City shall,at a
minimum,include the name,address or zip code,labor
classification,hours worked,and hourly base rate paid for
each laborer,mechanic,and apprentice employed by any
contractor or subcontractor on the work covered by the city
construction contract.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
26
27
28
29
30
Required Permits:
[]shall apply.
D Shall not apply.
Trench Safety Act
Requirements
[]shall apply.
D Shall not apply.
Art in Public Places:
0 Shall apply.
[]Shall not apply.
Consultant:
Participating
Agency/Grantor:
PERMITS:The CONTRA CTOR shall obtain and pay for any
permits that may be required for execution of the work,
including but not limited to:
1.City of Miami Beach Building and Zoning Department.
2.City of Miami Beach Public Works Department
3.United States Army Corp of Engineers,if required.
4.Florida Department of Environmental Protection
(FDEP),if required.
5.South Florida Water Management District,if required.
6.Miami-Dade Department of Environmental Resources
Management (DERM),if required.
7.Miami-Dade Water and Sewer (WASD),if required.
8.If required,Miami Dade County Transportation and
Public Works:Traffic Signals and Signs Division.
Reference:Section 0100,Sub-section 12,Florida Trench
Safety Act.
This Project is subject to the Art in Public Places ("AiPP")
provisions as set forth in Sections 82-561 through 82-612 of
the City of Miami Beach Code,as managed by the City of
Miami Beach Tourism and Culture Department.The Project
or Developer,as applicable,shall transmit 2%or as amended
of the Project costs for all development on City land to Art in
Public Places,Tourism,and Culture Department for the
implementation of the Ai PP program.The Project or Developer
is required to work collaboratively with the Tourism and Culture
Department on the implementation of the AiPP program,
including construction project coordination as required by the
project,pursuant to the requirements of said program.
Ardurra Group,Inc.
8700 W.Flagler Street,Suite 180
Miami,Florida 33174
N/A
SUBMITTAL REQUIREMENTS
30 Submittal Location:Bids will be submitted ELECTRON/CALLY ONLY through
Periscope S2G (formerly known as BidSync)
(www .periscopeholdings.com or yyw ._bidsync_com).
31 Submittal Format &Bids are to be submitted ELECTRON/CALLY ONLY,contain
Requirements:all information,and organized in accordance with Section
0300,including:
BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION
Docusign Envelope ID:5EF18109-CA2A-448F-A 7B2-98BD662A41 BO
Submit the Bid Submittal Questionnaire -
Construction:The questionnaire is an online
fillable form that must be completed and
submitted electronically via Periscope S2G.
TAB 1:MINIMUM QUALIFICATIONS
SUBMITTAL REQUIREMENTS
Submit evidence,as specifically requested in
the 1TB Summary,of compliance with each
minimum requirement(s)of this 1TB.Bidders
that do not comply,or for whom the City cannot
verify compliance,shall be deemed non-
responsive,and its bid shall not be considered.
TAB 2:BID PRICE FORM &BID BOND
The following documents shall be submitted by
the deadline for the submittal of bids:
1.Bid Price Form.(Appendix A).
2.Bid Bond Form (see Section 0100,
Sub-section 8).If the requirement
applies,the bid bond is a required
document that shall be submitted on or
before the deadline for bids.
FAILURE TO SUBMIT THE MOST
RECENTLY COMPLETED 1)BID
PRICE FORM AND 2)BID BOND BY
THE DEADLINE FOR SUBMITTAL OF
BIDS SHALL RESULT IN THE BID
BEING DEEMED NOT RESPONSIVE
AND NOT BEING FURTHER
CONSIDERED.
3.Schedule of Values (Appendix C).
MUST BE SUBMITTED WITH THE BID
OR WITHIN THREE (3)DAYS OF
REQUEST BY THE CITY.
TAB 3:OTHER BID FORMS
Submit other forms if required in the 1TB
Summary,including but not limited to:
1.Local Workforce Participation
Program Responsible Contractor
Affidavit Form (Appendix D).If the 1TB
Summary indicates a Local Workforce
Participation Program is applicable,then
this form must be submitted.
2.Trench Safety Certification Form
A endix E .If the 1TB Summa
AND
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98D662A441BD
indicates a Trench Safety Act is
applicable,then this form must be
submitted.
D ocusign Envelope ID :5EF 18109-C A2A-4 48F-A 7B2-98B D6624 41D
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO BIDDERS
0200 MINIMUM QUALIFICATIONS
0300 BID SUBMITT AL FORMAT
0400 TERMS &CONDITIONS (Under separate cover)
APPENDICES:
APPENDIX A BID PRICE FORM
APPENDIX B BID BOND FORM
APPENDIX C SCHEDULE OF VALUES
APPENDIX D PREVAILING WAGES AND LOCAL WORKFORCE PARTICIPATION
APPENDIX E TRENCH SAFETY CERTIFICATION FORM
APPENDIX F CONTRACT FORM
APPENDIX G LIST OF PLANS &SPECIFICATIONS
APPENDIX H POST AWARD FORMS
APPENDIX I INSURANCE REQUIREMENTS
Version 2023.2.10
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
SECTION 0100-INSTRUCTIONS TO BIDDERS:
1.General.This Invitation to Bid (1TB)is issued by the City of Miami Beach,Florida (the "City"),
as the means for prospective Bidders to submit their qualifications and bid (the "Bid")to the
City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein.All documents released in connection with this solicitation,
including all appendixes and addenda,whether included herein or released under separate
cover,comprise the solicitation and are complementary to one another and together establish
the complete terms,conditions,and obligations of the Bidders and,subsequently,the
successful Bidder(s)(the "contractor[s]")if this 1TB results in an award.
The City utilizes Periscope S2G (formerly known as BidSync)(www .periscopeholdings.com
or www .bidsync.com)for automatic notification of competitive solicitation opportunities and
document fulfillment,including the issuance of any addendum to this 1TB.Any prospective
Bidder who has received this 1TB by any means other than through Periscope S2G must
register immediately with Periscope S2G to ensure it receives any addendum issued to this
1TB.Failure to receive an addendum may result in disqualification of the proposal submitted.
2.Background and Scope of Work.The Project is described more fully in the Invitation to Bid
Summary (and any exhibits referenced therein).
3.Abbreviations and Symbols.The abbreviations used throughout the Contract Documents
are defined in the Technical Specifications.The symbols used in the Plans are defined therein.
4.Examination of Contract Documents and Site.It is the responsibility of each Bidder,before
submitting a Bid,to:
a.Examine the Contract Documents thoroughly.
b.Visit the site or structure to become familiar with conditions that may affect costs,
progress,performance,or furnishing of the Work.
c.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.
d.Study and carefully correlate Bidder's observations with the Contract Documents.
e.Carefully review the Contract Documents and notify the City of all conflicts,errors,or
discrepancies in the Contract Documents of which Bidder knows or reasonably
should have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder that
Bidder has complied with the above requirements and that,without exception,the Bid is
premised upon performing and furnishing the Work required by the Contract Documents and
that the Contract Documents are sufficient in scope and detail to indicate and convey an
understanding of all terms and conditions for performance and furnishing of the Work.
5.Location of Work.This Scope of Work shall be completed at the Project Site/Location of the
Work specified in the Invitation to Bid Summary (the "Project Site").
6.Pre-Bid Interpretations.Only those questions answered by the City's Procurement
Department via a written addendum to this 1TB shall be binding as to this 1TB.City's answers
to questions may supersede terms noted in this 1TB,and in such event,such answers shall
Version 2023.2.10
D ocusign Envelope ID :5EF 18109-C A2 A -4 48F-A 7B2-98BD662441B D
govern and control this 1TB.Verbal and other interpretations or 1s of City representatives or
employees will be without legal effect.All questions about the meaning or intent of the
Contract Documents are to be directed to the City's Procurement Director in writing.
Interpretations or clarifications considered necessary by the City's Procurement Director in
response to such questions will be issued by the City by means of addenda mailed or
delivered to all parties recorded by the City's Procurement Director as having received the
Bidding Documents.Written questions should be received no less than ten (10)
calendar days prior to the date of the opening of Bids.There shall be no obligation on
the part of the City or the City's Procurement Director to respond to questions received
less than ten (10)calendar days prior to bid opening.
7.Electronic Form of Bid.All bids must be made upon the blank Bid/Tender Form included
herein and must give the price in strict accordance with the instructions thereon.The bid
must be signed and acknowledged by the Bidder in accordance with Section 0300 and must
be received on or before the deadline for the submittal of bids.Late bids will not be accepted
and will not be considered.It is the Bidder's responsibility to account for any possible delay.
8.Bid Bond.If the Invitation to Bid Summary specifies that a bid bond is required,the Bidder
shall submit,BY THE DEADLINE FOR SUBMITTAL OF BIDS,a bid bond,in the manner
prescribed herein,in the amount of 5%of the total base bid amount,payable to City of Miami
Beach,Florida,as guarantee of good faith on the part of the Bidder that,if awarded,it will
enter into a contract within 30 days of notification of award.Bid bonds must be issued by a
surety company authorized to conduct business in the State of Florida and carry a rating of
B+or better,as listed in the A.M.Best or equivalent rating guide.
a.Acceptable Forms of Bid Bonds.Electronic,paper (original or certified hard
copy),or cash/check bid bonds are acceptable in the following forms only:
1.Electronic Bid Bond.Bidder may submit an electronic bid bond,provided by
Surety2000.com (verified by an eleven-digit code generated by the
Surety2000 system)and provided by the Bidder with the bid.The instructions
for obtaining a bid bond through Surety2000 are below.
1.Register w ith Surety2000 by visiting www .surety2000.com .If you have previously
registered w ith Surety2000,you w ill not need to register again.
2.Verify that your Surety Bro ker is registered w ith Surety 2000.If they are not,direct
them to visit www .surety2000.com to register.
3.Pro vide your Surety Bro ker with the bond details fo r the proposal you want to bid on.
4.O nce your Surety Bro ker has confirm ed the execution of the electro nic Bond,log into
www .surety 2000.com to digitally sign the Bond and receive the eleven-digit bond
num ber.
5.Enter this num ber w here indicated in the bid pro posal subm ission.
The option to subm it an electronic bid bond is provided solely fo r the convenience of
the B idder.The B idder is solely responsible fo r ensuring that the City receives an
electronic bid in the m anner and by the tim e and date prescribed herein.The City is
not responsible fo r any issues,technical or otherw ise,relating to the use of the Surety
2000 system by a bidder.For questions regarding the Surety 2000 system ,contact 1-
800-660-3263 or help@ surety 2000.com .
Or
Docusign Envelope ID:5EF18 10 9-CA2A-4 48F-A7B2-98B0662A4 1BD
2.Electronic Copy Bid Bond.Bidders may submit an electronic copy of the
bid bond through Periscope S2G,which the City must receive on or before
the deadline for the submittal of bids.Failure to submit an electronic copy of
the bid bond through Periscope S2G or bid bonds received after the deadline
for submittal of bids will not be acceptable and shall render the bid submittal
non-responsive.The City may require the original bid bond to be submitted
within three (3)days from request.
Or
3.Paper Bid Bond.Bidder may submit an original or certified hard-copy (paper)
bid bond,which the City must receive on or before the deadline for submittal
of bids.Failure to submit an original or certified hard-copy (paper)bid bond or
bid bonds received after the deadline for submittal of bids will not be acceptable
and shall render the bid submittal non-responsive.The original or certified hard
copy (paper)must be mailed to the address below by the deadline for the
submittal of bids.
Attn:Procurement Department
City of Miami Beach
City Clerk's Office
1700 Convention Center Dr.,1st Floor
Miami Beach,33139-1st Floor
Or
4.Certified or Cashier's Check.Bidder may submit a certified check or cashier's
check issued by any national or state bank (United States)payable to the City
of Miami Beach,Florida.
A SCANNED OR PDF COPY OR A PERSONAL CHECK OR COMPANY
CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID BID BOND
AND SHALL NOT BE ACCEPTABLE.FAILURE TO SUBMIT A BID BOND
IN ONE OF THE ACCEPTABLE FORMS STATED ABOVE SHALL RENDER
BID NON-RESPONSIVE.
b.Forfeiture of Bid Bond.The bid bond of the successful Bidder shall be forfeited
to the City of Miami Beach as liquidated damages,not as a penalty,for the cost
and expense incurred should said Bidder fail to execute the Contract,provide the
required Performance Bond,Payment Bond (recorded by Miami Dade County)and
Certificate(s)of Insurance,within ten (10)calendar days after the Bidder's receipt
of the Contract for execution,or failure to comply with any other requirements set
forth herein.Bid bonds of the unsuccessful Bidders will be returned after the
successful Bidder is awarded.
9.Prevailing Wage Rates &Local Workforce Participation.See 1TB Bid Summary to
determine if prevailing wages and local workforce participation are a requirement of this 1TB.
If required,Chapter 31,Articles II and Ill,of the Code of City of Miami Beach requires that
the rate of wages and fringe benefits,or cash equivalent,for all laborers,mechanics and
apprentices employed by any contractor or subcontractor on the work covered by the
Contract,shall not be less than the prevailing rate of wages and fringe benefit payments or
cash equivalence for similar skills or classifications of work,as established by the Federal
Register last published by the United States Department of Labor prior to the date of issuance
of this solicitation.Additionally,the Contractor will make its best reasonable efforts to
Docusign Envelope ID:5EF 18109-CA2A-448F-A7 2-98BD662441BD
promote employment opportunities for Miami-Dade County residents by seeking to achieve
a project goal of having thirty percent (30%)of all construction labor hours performed by
Miami-Dade County residents.The Contractor shall also make its best reasonable efforts to
promote employment opportunities for Miami Beach residents.Refer to Appendix D for
additional information,the submittal requirements for these programs,and the
applicable prevailing wage table for the project.
10.Method of Award.On the Bid Price Form (Appendix A),the Bidder must state its
Total Base Bid,which includes the cost of the base project scope requirements
(inclusive of all terms,conditions,specifications,plans,and any other requirement)
and the Grand Total Bid,which includes the Total Base Bid plus permit and trench
safety indemnification allowances.
The Bid Price Form (Appendix A)may also include Additive Alternates,which add
certain additional scope elements,and Deductive Alternates,which reduce certain
scope elements.The City may consider additive or deductive bid alternates to
achieve the maximum project scope within the available budget.
When bids are below the stated budget,the City may consider including one or more
Additive Alternate,in the order of priority stated,in determining the lowest responsive,
responsible Bidder.When bids are above the stated budget,the City may consider
including one or more Deductive Alternate,in the order of priority stated,in
determining the lowest responsive,responsible Bidder.
The responsive,responsible Bidder submitting the lowest sum of the Grand Total Bid
plus any alternates selected by the City shall be considered the lowest responsive,
responsible Bidder.When the Grand Total Bid plus any alternates selected is equal
to or less than the amount established in section 2-366 of the City Code for formal
bids shall be awarded by the City Manager,or designee,to the lowest responsive
and responsible Bidder meeting all terms,conditions,and specifications of the 1TB.
When the Grand Total Bid plus any alternates selected is in excess of the amount
established in section 2-366 of the City Code for formal bids shall be awarded by the
City Commission to the lowest responsive and responsible Bidder meeting all terms,
conditions,and specifications of the 1TB.
In addition to price,the following factors,pursuant to Section 2-369 of the City Code,
shall be considered:
•The ability,capacity,and skill of the Bidder to perform the Contract.
•Whether the Bidder can perform the Contract within the time specified,without
delay or interference.
•The character,integrity,reputation,judgment,experience,and efficiency of the
Bidder.
•The quality of performance of previous contracts.
•The previous and existing compliance by the Bidder with laws and ordinances
relating to the Contract.
The City Manager shall also have the authority to reject any bids,pursuant to Section
2-367 of the City Code.
D ocusign Envelope ID :5EF 18109-C A 2A -4 48F-A7B2-98 D 6624 41B D
The City Commission may consider the City Manager's recommendation(s)and may
approve or reject the City Manager's recommendation(s).The City Commission may also
reject all bids received.
The approval of the City Manager's recommendation by the City Commission shall not
constitute a binding contract between the City and the selected Bidder(s).A binding
contract will exist upon the complete execution and delivery of the City's Contract.
11.Contract Price.The Contract Price consists of the total base bid amount and the owner's
contingency (to be used solely by the City at its sole discretion for the purpose described in
that Contract Documents).The Contract Price,exclusive of the Owner's Contingency,
includes,without limitation,all costs for all labor,materials,equipment,fixtures,freight,field
supervision,supervisory expenses,project vehicles,field office and equipment,postage and
delivery,safety and first aid,telephone,transportation of employees,parking,insurance,
taxes,preparation and maintenance of the construction schedule and the preparation of as-
built and shop drawings,as well as Contractor's overhead and profit required for completion
of all the Work in accordance with the requirements of the Contract Documents,including
work reasonably inferable therefrom,even if such items of Work are not specifically or
expressly identified as part of a line item in the Bid Price Form.
12.Florida Trench Safety Act.If the work involves trench excavations that will exceed a depth
of 5 feet,the requirements of Florida Statutes,Chapter 553,Part Ill,Trench Safety Act,will
be in effect.The Bidder,by virtue of submitting a bid,certifies that such Act will be complied
with during the execution of the work.The Bidder acknowledges that the total bid price
includes all costs for complying with the Florida Trench Safety Act.The Trench Safety
Certification Form can be found in Appendix E.If the 1TB Summary indicates a Trench Safety
Act is applicable,then this form must be submitted.
13.E-Verify.As a contractor,you are obligated to comply with the provisions of Section 448.095,
Fla.Stat.,"Employment Eligibility."Therefore,you shall utilize the U.S.Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to 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.
14.How to Manage or Create a Vendor Profile on Vendor Self-Service (VSS).In addition to
registering with Periscope S2G,the City encourages vendors to register with our online
Vendor Self-Service web page.This allows City vendors to easily update contacts,
attachments (W-9),and commodity information.The Vendor Self-Service (VSS)webpage
(https://selfservice.miamibeachfl.gov/vssNendors/default.aspx)will also provide you with
purchase orders and payment information.
Should you have any questions or comments,do not hesitate to submit them to
vendorsupport@miamibeachfl._gov.
15.Supplier Diversity.The City has established a registry of LGBT-owned businesses,as
certified by the National LGBT Chamber of Commerce (NGLCC),and small and
disadvantaged businesses,as certified by Miami-Dade County.See authorizing resolutions
here.
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If your company is certified by NGLCC as an LGBT-owned business or as a small or
disadvantaged business by Miami-Dade County,click on the link below to be added to the
City's supplier registry (Vendor Self-Service)and bid system (Periscope S2G,Supplier-to-
Government).These are two different systems,and you must register for both.
Click to see acceptable certification and to register:https://www.miamibeachfl.gov/city-
hall/procurement/how-to-become-a-vendor/.
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SECTION 0200-MINIMUM QUALIFICATIONS AND REQUIREMENTS
The Minimum Eligibility Requirements for this solicitation are listed in the 1TB Bid Summary.
Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall
not have its bid considered.
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SECTION 0300-ELECTRONIC BID SUBMITTAL FORMAT
1.ELECTRONIC RESPONSES {ONLY).Bids must be submitted electronically through
Periscope S2G (formerly BidSync)on or before the date and time indicated.Hard copy
proposals or proposals received through email or facsimile are not acceptable and will be
rejected.
A bidder may submit a modified bid to replace all or any portion of a previously submitted
bid until the deadline for bid submittals.The City will only consider the latest version of the
bid.
Electronic bid submissions may require the uploading of attachments.All documents
should be attached as separate files in accordance with the instructions included in
Section 4 below.Attachments containing embedded documents or proprietary file
extensions are prohibited.It is the Bidder's responsibility to ensure that its bid,including
all attachments,is uploaded successfully.
Only bid submittals received and time stamped by Periscope S2G (formerly BidSync)prior
to the bid submittal deadline shall be accepted as submitted in a timely manner.Late bids
cannot be submitted and will not be accepted.Bidders are cautioned to allow sufficient
time for the submittal of bids and uploading of attachments.Any technical issues must be
submitted to Periscope S2G (formerly BidSync)by contacting (800)990-9339 (toll-free)or
S2G@periscopeholdings.com.The City cannot assist with technical issues regarding
submittals and will in no way be responsible for delays caused by any technical or other
issue.
It is the sole responsibility of each Bidder to ensure its proposal is successfully
submitted in BidSync prior to the deadline for bid submittals.
2.REQUIRED DOCUMENTS.Failure to submit the following requirements shall result in a
determination of non-responsiveness.Non-responsive bids will not be considered.
a.Bid Submittal Questionnaire (The questionnaire is not a part of the 1TB.It is an
online fillable form that must be completed and submitted electronically via
Periscope S2G.)
b.Bid Price Form (Appendix A)
c.Bid Bond (Appendix B)If the 1TB Summary indicates a bid bond is required,then
a fully executed bid bond must be submitted by the deadline for submittal of bids)
d.Schedule of Values (Appendix C)Shall be submitted with the bid or within three
(3)days of request from the City.
3.OMITTED INFORMATION.The City reserves the right to request any documentation
omitted,with the exception of the required documents set forth in section 2 above,
which must be submitted at the time of bid.Bid Submittals received without the Bid
Price Form or Bid Bond (if applicable)or with an incomplete Bid Price Form or Bid Bond
(if applicable)shall be deemed non-responsive.Bidder must submit any other omitted
documentation within three (3)business days upon request from the City,or the bid may
be deemed non-responsive.Non-responsive bid packages will receive no further
consideration.
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4.ELECTRONIC PROPOSAL FORMAT.In order to maintain comparability,facilitate the
review process,and assist in the review of bid submittals,it is strongly recommended that
bids be organized and tabbed in accordance with the tabs and sections specified below.
The electronic submittal should be tabbed as enumerated below and contain a table of
contents with page references.The electronic proposal shall be submitted through the
"Line Items"attachment tab in Periscope S2G.
TAB 1:MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
Submit evidence,as specifically requested in the 1TB Summary,of
compliance with each minimum requirement(s)of this 1TB.Bidders that do
not comply,or for whom the City cannot verify compliance,shall be deemed
non-responsive,and its bid shall not be considered.
TAB 2:BID PRICE FORM &BID BOND
The following documents shall be submitted with the bid by the deadline for
submittal of bids:
1.Bid Price Form (Appendix A)
2.Bid Bond Form (see Section 0100,Sub-section 8).If the
requirement applies,the bid bond is a required document that
shall be submitted on or before the deadline for bids.
FAILURE TO SUBMIT THE MOST RECENTLY COMPLETED
1)BID PRICE FORM AND 2)BID BOND BY THE DEADLINE
FOR SUBMITTAL OF BIDS SHALL RESULT IN THE BID
BEING DEEMED NOT RESPONSIVE AND NOT BEING
FURTHER CONSIDERED.
3.Schedule of Values (Appendix C)
MUST BE SUBMITTED WITH THE BID OR WITHIN THREE
3 DAYS OF REQUEST BY THE CITY.
TAB 3:OTHER BID FORMS
Submit any other form requested on the 1TB Summary,including but not
limited to:
1.Local Workforce Participation Program Responsible
Contractor Affidavit Form (Appendix C)If 1TB Summary
indicates a Local Workforce Participation Program is applicable,
then this form must be submitted).
2.Trench Safety Certification Form (Appendix E)If the 1TB
Summary indicates a Trench Safety Act is applicable,then this
form must be submitted.
Rest of page left blank intentionally.
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0400 -TERMS AND CONDITIONS
The following documents identify terms and conditions that,together with the 1TB,inclusive of all
appendixes and addenda,whether included herein or released under separate cover,comprise
the solicitation and the Contract and are complementary to one another and together establish
the complete terms,conditions,and obligations of the Bidder and,subsequently,the awarded
Contractor.
1.FORMAL SOLICITATIONS TERMS &CONDITIONS -GOODS AND SERVICES.By
virtue of submitting a bid in response to this 1TB,Bidder agrees to be bound by and in
compliance with the Solicitation Terms and Conditions (dated 10.27.2022),incorporated
herein,located at:
https://www.miamibeachfl.gov/city-hall/procuremenUstandard-terms-and-conditions/
2.GENERAL CONDITIONS FOR CONSTRUCTION CONTRA CTS.By virtue of submitting
a bid in response to this 1TB,Bidder agrees that all work shall be bound by and in
compliance with the General Conditions for Construction Contracts (dated 4/13/20),
incorporated herein,located at:
https://www.miamibeachfl.gov/city-hall/procuremenUstandard-terms-and-conditions/
Rest of page left blank intentionally.
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APPENDIX A
MIA M I B EA C H
Bid Price Form
MUST BE SUBMITTED WITH THE BID.FAILURE TO DO SO WILL
RENDER THE BID NON-RESPONSIVE.
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Bid Price Form
FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED ON OR BEFORE
THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE,AND THE
BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION.
The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified
in this bid,consisting of furnishing all materials,labor,equipment,shoring,supervision,
mobilization,demobilization,overhead and profit,insurance,permits,and taxes to
complete the work to the full intent as shown or indicated in the contract documents.The
City will not accept any revision to the total base bid sum,divisions,line item totals,or add
alternates after the deadline for receipt of bids.
In the event of a discrepancy between the sum of the items in the schedule of values and
the total base bid,the Bidder agrees that the total base bid shall govern.In the absence
of a numerical value for any item or division,the City shall interpret it as no bid for the
division,which may disqualify the Bidder.
The allowance items that have been delineated below shall be used only at the City's
discretion,as needed.In the event that an allowance is not used in its entirety,any
remaining balance shall be reflected in a deductive change order.
TOTAL BASE BID
TOTAL BASE BID AMOUNT
1 Indemnification of Cit
Off-Duty Police Officer Allowance
Permit Allowance
GRAND TOTAL
(TOTAL BASE BID AMOUNT+INDEMNIFI CATION OF CITY+INFLUENT GRAVITY SEWER
LATERALS REPLACEMENTS ALLOW ANCE+OFF-DUTY POLICE OFFICER ALLOWANCE+
PERMIT ALLOWANCE)
'See Section 0100,Sub-section 12.
$
$25.00
$170,000.00
$75,000.00
$
ADDITIVE ALTERNATES (In order of priority)
Selection of additive alternates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
DEDUCTIVE ALTERNATES (In order of priority)
Selection of deductive alternates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
End of Bid Price Form.
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A PP EN DIX B
M IAMI BEACH
B ID BO N D FO R M
Only applicable if checked in the Invitation to Bid Summary
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BID BO ND
Page 1 of 2
KNOW ALL MEN BY THESE PRESENTS,that we,as
Principal,hereinafter referred to as Contractor,and as
Surety,are held and firmly bound unto the City of Miami Beach,Florida,as a municipal
corporation of the State of Florida,hereinafter called the City,in the sum of five percent
(5%)of the Contractor's Total Base Bid amount of b lawful
money of the United States of America,for the payment of which well and truly to be
made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,
jointly and severally by these presents.
WHEREAS,the Contractor contemplates submitting,or has submitted,a Bid to the
City for the furnishing of all labor,materials,equipment,machinery,tools,apparatus,
means of transportation for,and the performance of the Work covered in the Bid
Documents which include the Project Manual,the detailed Plans and Specifications,and
any Addenda,for the following solicitation.
Bid No.:_
Title:--------------
WHEREAS,it was a condition precedent to the submission of said Bid that a
cashier's check,certified check,or Bid Bond in the amount offive percent (5%)of the Total
Base Bid be submitted with said Bid as a guarantee that the Contractor would if awarded
the Contract,enter into a written Contract with the City for the performance of said
Contract,within ten (10)consecutive calendar days after notice having been given of the
Award of the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the
Contractor,within ten (10)consecutive calendar days after notice of such acceptance,
enters into a written Contract with the City and furnishes the Performance and Payment
Bonds,satisfactory to the City,each in an amount equal to one hundred percent (100%)
of the Contract Price,and provides all required Certificates of Insurance,then this
obligation shall be void;otherwise the sum herein stated shall be due and payable to the
City of Miami Beach and the Surety herein agrees to pay said sum immediately,upon
demand of the City,in good and lawful money of the United States of America,as
liquidated damages for failure thereof of said Contractor.
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BID BO N D
Page 2 of 2
IN WITNESS WHEREOF,the said Principal and the said Surety have duly
executed this Bond,the
day of,2O
PRINCIPAL:
(Contractor Name)
Signature
Print Name (Principal)
Title
SURETY:
(Surety Name)
Attorney-in-Fact (Print Name)
Signature
(Power of Attorney must be attached.)
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APPENDIX C
M IAMI BEACH
SCHEDULE OF VALUES
MUST BE SUBMITTED WITH THE BID OR WITHIN THREE (3)
DAYS OF REQUEST BY THE CITY.
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SCHEDULE OF VALUES
Bidders should fully complete the Schedule of Values to include quantities,units of measure,unit pricing,
and totals.The cost of any item(s)of work not covered by a specific contract unit price shall be included in
the contract unit price to which the item(s)is most applicable.Both unit price and extended total prices must
be stated in units of quantity specified in the bidding specifications.Bidder agrees that any unit price listed
in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total.For a complete
description of each Bid Item please refer to Technical Project Specifications -Measurement
and Payment Section,provided in Appendix-G.
Item No.Description Quantity Unit Unit Price Extended Cost
GENERAL
Mobilization /
Demobilization,to be
paid for in 4 separate
1 payments.1 AS $$
As per Measurement and
Payment
Item No.1
Providing Certified
2 Industrial Hygienist for 1 LS $$specialized construction
area
WATER MAIN
Furnishing and delivering
all necessary 8-inch zinc
3 coated polywrapped ductile 260 LF $$
iron water main.Including
fittings and valves
Furnishing and delivering
4 all necessary 12-inch zinc 230 LF $$coated polywrapped ductile
iron water main and fittinqs
Furnishing and delivering
5 all necessary 16-inch zinc 130 LF $$coated polywrapped ductile
iron water main and fittinas
Furnishing and delivering
6 all necessary 24-inch zinc 70 LF $$coated polywrapped ductile
iron water main and fittings
Furnishing and delivering
7 all necessary 16-inch 550 LF $$HOPE water main and
fittings
8 Furnishing and delivering 520 LF $$all necessary 20-inch
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HDPE water main and
fittings
Furnishing and delivering
12-inch mechanical joint
9 resilient seated gate 8 EA $$
valve(s)for water main,
complete
Furnishing and delivering
10 16-inch mechanical joint 4 EA $$butterfly valve(s)for water
main,complete
Furnishing and delivering
11 24-inch mechanical joint 3 EA $$butterfly valve(s)for water
main,complete
Installing all necessary 8-
inch zinc coated
12 polywrapped ductile iron 260 LF $$
water main via opencut.
Including fittings and valves
Installing all necessary 12-
inch zinc coated
13 polywrapped ductile iron 230 LF $$
water main via opencut.
Including fittings and valves
Installing all necessary 16-
inch zinc coated
14 polywrapped ductile iron 130 LF $$
water main via opencut.
Includina fittings and valves
Installing all necessary 24-
inch zinc coated
15 polywrapped ductile 70 LF $$
iron water main.Including
fittings and valves
Installing all necessary 16-
16 inch HDPE water main via 550 LF $$
HDD and fittings
Installing all necessary 20-
17 inch HDPE water main via 520 LF $$
HDD and fittings
Installing 12-inch
18 mechanical joint resilient 8 EA $$seated gate valve(s)for
water main,complete
Installing 16-inch
19 mechanical joint butterfly 2 EA $$valve(s)for water main,
complete
20 Installing 24-inch 3 EA $$mechanical joint butterfly
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
valve(s)for water main,
complete
Furnishing and delivering
all necessary 12-inch
21 mechanical 17 EA $$joint type impermeable
fluoroelstomer gaskets for
D.I.P.and fittings
Furnishing and delivering
all necessary 16-inch
22 mechanical joint type 2 EA $$impermeable
fluoroelstomer gaskets for
D.I.P.and fittings
Furnishing and delivering
all necessary 12-inch push-
23 on type impermeable 1 EA $$
fluoroelstomer gaskets for
D.I.P.and fittings
Furnishing and delivering
all necessary 16-inch push-
24 on type impermeable 3 EA $$
fluoroelstomer gaskets for
D.I.P.and fittings
Supplemental cost for
25 Installation of pipe and 75 LF $$fittings in specialized
construction areas
Making tapping
26 connections to existing 10 EA $$
water mains
Furnishing and Installing
Manual
27 Air Release Valve 5 EA $$
Assemblies
(ARVs)for water main
28 Furnishing and installing 4-1 EA $$inch "Lona"water services
29 Furnishing and installing 4-1 EA $$inch "short"water services
Furnishing,delivering,and
installing flowable fill used
30 for abandoning water 90 CY $$
mains as directed by the
Engineer
Trench overcut in 1-foot
31 depth increments,for any 680 LF $$
size pipe
Sheeting and shoring
32 ordered left in place by the 250 SF $$
Engineer
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ROADWAY
Removal,transport,and
legal disposal of unsuitable
33 backfill materials,including 302 CY $$
tipping fees,as ordered by
the Engineer
Furnishing and installing
34 additional suitable backfill 302 CY $$material,as directed by the
Engineer
35 Constructing limerock base 193 SY $$permanent repairs
Constructing Type "S-III"
36 asphaltic concrete surface 193 SY $$course permanent
pavement repairs.
Cold milling roadway
surface course for
37 permanent pavement 1574 SY $$
repairs (nominal 1-inch
thick)
Constructing Type "S-II1"
permanent pavement
repairs for roadway
38 (nominal 1-inch-thick 1574 SY $$
machine-laid asphaltic
concrete friction surface
overlay)
RESTORATION
Replacing pavement
markings damaged,
39 removed,or obliterated 1 AS $$
by the Contractor's
operation
Concrete curb and gutter
40 restoration to match 130 LF $$
existina
41 Restoring concrete 70 SF $$sidewalk
42 Restoring brick crosswalk 310 SY $$
43 Restoring sodded area 522 AS $$
44 Tree Removal &Relocation 1 AS $$Including Tree Permit
MAINTENANCE OF TRAFFIC
45 Furnishing traffic control 1 AS $$
TOTAL BASE
BID AMOUNT $
(LINES 1-45)
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End of Bid Price Form.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
APPENDIX D
MIAM BEACH
Prevailing Wage and Local Workforce
Participation Programs
Onl a licable if checked in the Invitation to Bid Summar
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The Requirements of the
Prevailing Wage and Local Workforce Participation Programs
shall apply to the award of this project.
The purpose of this appendix is to summarize,for clarity,the requirements of the City's
Prevailing Wage and Local Workforce Program Requirements.In the event of any
omissions or conflicts,the requirements of the City Code,with respect to these programs,
shall prevail.
I.MINIMUM WAGES AND BENEFITS
1.Employee Compensation.The rate of wages and fringe benefits,or cash equivalent,
for all laborers,mechanics,and apprentices employed by the Contractor or subcontractor
on the work covered by the Contract shall be not less than the prevailing rate of wages
and fringe benefit payments or cash equivalence for similar skills or classifications of work
as established by the Federal Register last published by the United States Department of
Labor prior to the date of issuance of this solicitation.(reference:Sec 31-27).
2.Notice Requirement.On the date on which any laborer or mechanic commences work
on a construction contract to which this article applies,the Contractor shall be required to
post a notice in a prominent place at the work site stating the requirements of this article.
(reference:Sec 31-29).
3.Certified Payrolls.With each payment application,the Contractor shall submit a copy
of all payrolls,including (at a minimum)the name and zip code for the covered employee,
to the City accompanied by a signed "Statement of Compliance"indicating that the
payrolls are correct and complete and that each laborer or mechanic has been paid not
less than the proper prevailing wage rate for the work performed.Beginning January 30,
2018,all payroll submittals shall be completed electronically via the City's electronic
compliance portal,LCP Tracker.No payment application shall be deemed accepted until
the Procurement Department has confirmed that a certified payroll for the applicable
payment application has been accurately submitted in the LCP Tracker.
a.LCP Tracker Training.The Procurement Department offers ongoing training in
LCP Tracker to all contractors.To schedule a training session,contact Monica Garcia
at MonicaGarcia@MiamiBeachFL.gov or 305-673-7490.
II.LOCAL WORKFORCE PARTICIPATION GOALS
1.Responsible Contractor Affidavit (RCA).As a condition of being responsive to the
requirements of the solicitation and eligible to be considered for award,the Contractor
shall submit a Responsible Contractor Affidavit affirming that it will make its best
reasonable efforts to promote employment opportunities for Miami-Dade County
residents by seeking to achieve a project goal of having thirty percent (30%)of all
construction labor hours performed by Miami-Dade County residents.The Contractor shall
also affirm that it will make its best reasonable efforts to promote employment
opportunities for Miami Beach residents.Failure to submit the RCA shall result in the bid
or proposal being disqualified and deemed non-responsive.
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2.Workforce Performance Report.Before its final application for payment,the
Contractor shall submit its final Certified Payroll in LCP Tracker,which shall be deemed
its final Workforce Performance Report.If the project goal of thirty percent (30%)of all
construction labor hours to be performed by Miami-Dade County residents is not met,the
Contractor shall submit supporting documentation verifying reasonable efforts to promote
employment opportunities for Miami Beach and Miami-Dade County residents.No final
payment application may be approved without this information.
Balance of Page Intentionally Left Blank
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LOCAL WORKFORCE PARTICIPATION PROGRAM
Responsible Contractor Affidavit Form
In accorda nce w ith A rt icl e 111,Section 31-40 of the Miami Beach Code,all contractors and subcontractors of any tier performing on a city contract
valued in excess of $1,500,000 for (i)the construction,demolition,alteration and/or repair of city buildings or city public works projects,or (ii)a
contract valued in excess of $1,500,000 which provides for privately-funded construction,demolition,alteration and/or repair of buildings or
improvements located on city-owned land,and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements
of the Local Workforce Participation Proqram.
The undersigned Contractor affirms that should it be awarded the Contract pursuant to this solicitation,it shall comply with the following:
i.The Contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek
to achieve a project goal of having thirty percent (30%)of all construction labor hours performed by Miami-Dade County residents.
ii.The Contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents.To verify workers'
residency,the Contractor (s)shall provide the residence address of each worker.
Print Name of Affiant
Name of Firm
Address of Firm
Print Title of Affiant
State
Date
Signature of Affiant
Zip Code
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APPENDIX E
MIAM BEACH
Trench Safety
Act Certification
Onl applicable if checked in the Invitation to Bid Summa
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TRENCH SAFETY ACT CERTIFICATION
PAGE 1 OF 1
IF APPLICABLE,THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE.
On October 1,1990,House Bill 3181,known as the Trench Safety Act,became law.This incorporates the
Occupational Safety &Health Administration (OSHA)revised excavation safety standards,citation 29
CFR.S.1926.650,as Florida's standards.The Bidder,by virtue of the signature below,affirms that the Bidder is
aware of this Act and will comply with all applicable trench safety standards.Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.The Bidder is also obligated to identify the
anticipated method and cost of compliance with the applicable trench safety standards.
THE BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS OF COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT.THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE
ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARA TELY.THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES NOR BE CONSIDERED ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Unit
of Measure Quantity
Unit
Price Extended Method
Total $---
Name of Bidder
Authorized Signature of Bidder
CONSIDERA TION FOR INDEMNIFICATION OF CITY
Consideration for Indemnification of City $25.00□Cost for compliance with all Federal and State requirements of the Trench Safety Act
[NOTE:If the box above is checked,the Bidder must fill out the preceding Trench Safety Act
Form in order to be considered responsive.]
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APPENDIX F
MIAM BEACH
Contract
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A41BD
CONTRACT
THIS CONTRA CT ("Contract")is made and entered into as of the _day of
______,2020 by and between the City of Miami Beach,Florida,a municipal
corporation (the "City")and _
______(the "Contractor"):
WITNESSETH,that the Contractor,for and in consideration of the payments hereinafter
specified and agreed to be made by the City,hereby covenants and agrees to furnish and
deliver all the materials required,to do and perform all the work and labor in a satisfactory
and workmanlike manner,required to complete this Contract within the time specified,in
strict and entire conformity with the Plans,Specifications,and other Contract Documents,
which are hereby incorporated into this Contract by reference,for:
1TB No.and Title:_
The Contractor agrees to make payment of all proper charges for labor and materials
required in the aforementioned work and to defend,indemnify,and save harmless the
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 '
are hereby incorporated by reference as if fully set forth herein.Without limiting the
foregoing,the Contract Documents expressly include this Contract,Attachment A (the
City's General Conditions for Construction Contracts),Attachment B (Plans and
Specifications,Invitation to Bid No.and all Addenda thereto),Attachment
C (Sunbiz Entity Detail and Contractor's Response to the 1TB),and Attachment D
(Insurance requirements).For the avoidance of doubt,all of the documents constituting
the Contract Documents now or hereafter existing (including any Change Orders,Work
Orders,Field Orders,schedules,shop drawings issued subsequent to the date of this
Contract,etc.)shall govern this Project.
In consideration of these premises,the City hereby agrees to pay to the Contractor for the
said work,when fully completed,the total maximum sum of [Total Base Bid below
+allowance account_items+/-alternates+contingency]dollars (
______)(the "Contract Price"),consisting of the following accepted items or
schedules of work as taken from the Contractor's Bid Submittal:
Total Base Bid $_
Docusign Envelope ID:5EF 18109-CA2A-4 48F-A7B2-98 D662441BD
Total Allowance Account Items $_
Total Alternate Items (if applicable)$_
Total Owner's Contingency $_
Contract Price $_
The Contract Price,exclusive of the Owner's Contingency,includes,without limitation,all
costs for all labor,materials,equipment,fixtures,freight,field supervision,supervisory
expenses,project vehicles,field office and equipment,postage and delivery,safety and
first aid,telephone,transportation of employees,parking,insurance,taxes,preparation
and maintenance of the construction schedule and the preparation of as-built and shop
drawings,as well as Contractor's overhead and profit required for completion of all the
Work in accordance with the requirements of the Contract Documents,including work
reasonably inferable therefrom,even if such items of Work are not specifically or expressly
identified as part of a line item in the Bid Price Form.The Contract Price is subject to such
additions and deductions as may be provided for in the Contract Documents.Progress
and Final Payments will be made as provided for in the Contract Documents.
Contract Time.
Days for Substantial Completion:__days from Notice to Proceed No.2
Days for Final Completion:days from Substantial Completion
Liquidated Damages.
Failure to achieve Substantial Completion:/day
Failure to achieve Final Completion:/day
Project Team.
Contractor:
Consultant:
Contract Administrator for the City:
[CONSIDER IF THERE ARE ANY OTHER POSITIONS TO INCLUDE]
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A4 1 BO
Notices.
A notice or communication,under this Contract by the City or Contractor shall be
sufficiently given or delivered if in writing and dispatched by hand delivery,or by nationally
recognized overnight courier providing receipts,or by registered or certified mail,postage
prepaid,return receipt requested,to such party's address as set forth in the Contract.
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery,and notices mailed in accordance with the foregoing shall be deemed
given five (5)days after deposit in the U.S.mail.
Docusign Envelope ID:5EF18109-CA2A-4 48F-A7B2-98BD662A4 1B D
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:
Attn:
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662441BD
IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by
their appropriate officials as of the date first above written.
ATTEST:
Rafael E.Granado,City Clerk
[seal]
ATTEST:
Name:_
[seal]
CITY OF MIAMI BEACH,FLORIDA
By:_
Alina T.Hudak,City Manager
[INSERT CONTRACTOR NAME]
[\
Name:_
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
APPENDIX G
MIAMI BEACH
Plans &Specifications
Uploaded Separately to Periscope
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
APPENDIX H
MIAMI BEACH
Post Award Forms
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
MIAMI BEACH
FORM OF PERFORMANCE BOND
BY THIS BOND,We ,as Principal,
hereinafter called Contractor,and ,as Surety,are bound
to the City of Miami Beach,Florida,as Obligee,hereinafter called City,in the amount of
Dollars (b I for the payment whereof Contractor
and Surety bind themselves,their heirs,executors,administrators,successors,and assigns,
jointly and severally.
WHEREAS,Contractor has by written agreement entered into a Contract,Bid/Contract
No.:a warded the day of,20_with City
which Contract Documents are by reference incorporated herein and made a part hereof,and
specifically include provision for liquidated damages and other damages identified,and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if the Contractor:
1.
2.
3.
Performs the Contract between Contractor and City for construction of
______________________,the Contract being made a
part of this Bond by reference,at the times and in the manner prescribed in the Contract;
and
Pays City all losses,liquidated damages,expenses,costs,and attorney's fees,including
appellate proceedings,that City sustains as a result of default by Contractor under the
Contract;and
Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract;then THIS BOND IS VOID OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
Whenever Contractor shall be,and declared by City to be,in default under the Contract,
City having performed City obligations thereunder,the Surety may promptly remedy the
default,or shall promptly:
3.1.Complete the Project in accordance with the terms and conditions of the Contract
Documents or
3.2.Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents,and upon determination by Surety of the
lowest responsible Bidder,or,if City elects,upon determination by City and
Surety jointly of the lowest responsible Bidder,arrange for a contract between
such Bidder and City,and make available as work progresses (even though
there should be a default or a succession of defaults under the Contract
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662441BD
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph)sufficient funds to pay
the cost of completion less the balance of the Contract Price but not exceeding,
including other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof.The term "balance of the
Contract Price,"as used in this paragraph,shall mean the total amount payable
by the City to the Contractor under the Contract and any amendments thereto,
less the amount paid adequately by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of,2O
WITNESSES:
(Name of Corporation)
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
By:
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:_
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662441BD
FORM OF PAYMENT BOND
BY THIS BOND,We ,qg }hr[n[Dq,
hereinafter called Contractor,and ,as Surety,are bound
to the City of Miami Beach,Florida,as Obligee,hereinafter called City,in the amount of
Dollars (S )for the payment whereof
Contractor and Surety bind themselves,their heirs,executors,administrators,successors and
assigns,jointly and severally.
WHEREAS,Contractor has by written agreement entered into a Contract,Bid/Contract
No.:,awarded the day of,2O with City
which Contract Documents are by reference incorporated herein and made a part hereof,and
specifically include provision for liquidated damages and other damages identified,and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if the Contractor:
1.Pays City all losses,liquidated damages,expenses,costs,and attorney's fees,including
appellate proceedings,that City sustains because of default by Contractor under the
Contract;and
2.Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all
labor,materials,and supplies used directly or indirectly by the Contractor in the
performance of the Contract;
THEN,THE CONTRACTOR'S OBLIGATION SHALL BE VOID;OTHERWISE,IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT,HOWEVER,TO THE FOLLOWING
CONDITIONS:
2.1.A claimant,except a laborer,who is not in privity with Contractor and who has not
received payment for its labor,materials,or supplies shall,within forty-five (45)
days after beginning to furnish labor,materials,or supplies for the prosecution
of the work,furnish to Contractor a notice that he intends to look to the Bond for
protection.
2.2.A claimant who is not in privity with the Contractor and who has not received
payment for its labor,materials,or supplies shall,within ninety (90)days after
the performance of the labor or after complete delivery of the materials or
supplies,deliver to Contractor and the Surety,written notice of the performance
of the labor or delivery of the materials or supplies and the nonpayment.
2.3.No action for the labor,materials,or supplies may be instituted against the
Contractor or the Surety unless the notices stated under the preceding conditions
(2.1)and (2.2)have been given.
2.4.Any action under this Bond must be instituted in accordance with the Notice and
Time Limitations provisions prescribed in Section 255.05(2),Florida Statutes.
Docusign Envelope ID:5EF18109-CA2A-4 48F-A7B2-98BD662A41BD
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of 2 O
Contractor
ATTEST:
(Name of Corporation)
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
(Signature)
(Print Name and Title)
day of,20
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A41BD
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,,certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond);that ,who signed the
Bond(s)on behalf of the Principal,was then of the said corporation;that I
know his/her signature;and his/her signature thereto is genuine;and that said Bond(s)was (were)
duly signed,sealed and attested to on behalf of the said corporation by authority of its governing
body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ss
Before me,a Notary Public duly commissioned,qualified,and acting personally,appeared
__________________to me well known,who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance
and Payment Bond (Performance Bond and Payment Bond)on behalf of Contractor named
therein in favor of City.
20
Subscribed and Sworn to before me this day Of
My commission expires:
Notary Public,State of Florida at Large
Bonded by _
Docusign Envelope ID:5EF18109-CA2A-448F-A7B 2-98BD662A41 BD
PERFORMANCEANDPAYMENTBONDFORM
UNCONDI TIONAL LETTER OF CREDIT:
Date of [ssue
Issuing Bank's No._
Beneficiary:
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
Applicant:
Jr(yf['
in United States Funds
Expiry:
(Date)
Bid/Contract Number ------
\//e hereby authorize yOu to draw on
(Bank,Issuer name)
d[[/le[
(branch address)
of and for the account of -----------------------(Contractor,applicant,customer)
up to an aggregate amount,in United States Funds,Of available by your
drafts at sight,accompanied by:
1.A signed statement from the City Manager or his authorized designee that the drawing is
due to default in performance of certain obligations on the part _
(contractor,applicant,customer)agreed upon by and between the City of Miami Beach,
Florida and (Contractor),pursuant to the
(applicant,customer)Bid/Contract No.for (name of project)
and Section 255.05,Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause:"Drawn under Letter of Credit No.(Number),
of (Bank name)dated
This Letter of Credit shall be renewed for successive periods of one (1)year each unless we
provide the City of Miami Beach with written notice of our intent to terminate the credit herein
extended,which notice must be provided at least thirty (30)days prior to the expiration date of
the original term hereof or any renewed one (1)year term.Notification to the City that this Letter
of Credit will expire prior to the performance of the Contractor's obligations will be deemed a
default.
This Letter of Credit sets forth in full the terms of our undertaking,and such undertaking shall not
in any way be modified or amplified by reference to any documents,instrument,or agreement
Docusign Envelope ID:5EF18109-CA2A-448F-A 7B2-98BD662A41 BD
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates.Any
such reference shall not be deemed to incorporate herein by reference any document,instrument,
or agreement.
We hereby agree with the drawers,endorsers,and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1)year after the Final Completion of
[he Hr[e,[Dy [he
(Contractor,applicant,customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision),Publication No.500,and to the provisions
of Florida law.If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise,Florida law shall prevail.If a conflict between the law of another
state or country and Florida law should arise,Florida law shall prevail.
Authorized Signature
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name,address)
TO (City):
Consultant:
BID/CONTRACT NUMBER:
Contractor :
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be substantially
complete.All documents required to be submitted by the Contractor under the Contract
Documents have been received and accepted.The Date of Substantial Completion of the Project
or portion thereof designated above is hereby established as the date of commencement of
applicable warranties required by the Contract Documents,except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion thereof
designated by the City is the date certified by the Consultant when
all conditions and requirements of permits and regulatory agencies
have been satisfied and the Work is sufficiently complete in
accordance with the Contract Documents.Hence,the Project is
available for beneficial occupancy by the City.A Certificate of
Occupancy must be issued for Substantial Completion to be
achieved.However,the issuance of a Certificate of Occupancy or
the date thereof is not to be determinative of the achievement or
date of Substantial Completion.
A list of items to be completed or corrected,prepared by the Consultant and approved by the City,
is attached hereto.The failure to include any items on such list does not alter the responsibility of
the Contractor to complete all work in accordance with the Contract Documents.The date of
commencement of warranties for items on the attached list will be the date of final payment unless
otherwise agreed in writing.
In accordance with Section 6 of the General Conditions,the Contractor will complete or correct
the work on the list of items attached hereto within from the above
Date of Substantial Completion.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A4 1 BD
Consultant BY DATE
City,through the Contract Administrator,accepts the Work or portion thereof designated by City
as substantially complete and will assume full possession thereof at _
(time)on (date).
City of Miami Beach,Florida _
By Contract Administrator Date
The responsibilities of the City and Contractor for security,maintenance,heat,utilities,damage
to the work,and insurance shall be as follows:
Docusign Envelope ID:5EF18109-CA2A-4 48F-A7B2-98BD662A4 1B D
FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name,address)
TO (City):
DATE OF ISSUANCE:
Consultant:
BID/CONTRACT NUMBER:
Contractor:
CONTRA CT FOR:
NOTICE TO PROCEED DATE:
All conditions or requirements of any permits or regulatory agencies have been satisfied.The
documents required by Section 6 of the General Conditions and the final bill of materials,if
required,have been received and accepted.The Work required by the Contract Documents has
been reviewed,and the undersigned certifies that the Work,including minor corrective work,has
been completed in accordance with the provision of the Contract Documents and is accepted
under the terms and conditions thereof.
Consultant BY DATE
City,through the Contract Administrator,accepts the work as fully complete and will assume full
possession thereof at _
(time)
(date)
City of Miami Beach,Florida
By Contract Administrator Date
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRA CT NO.-------------
Received this day of,2O from City of
Miami Beach,Florida,the sum of Dollars
($)as full and final payment to Contractor for all work and materials for the
Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
The Contractor hereby indemnifies and releases the City from all liens and claims
whatsoever arising out of the Contract and Project.
The Contractor hereby certifies that all persons doing work upon or furnishing materials
or supplies for the Project have been paid in full.In lieu of this certification regarding payment for
work,materials,and supplies,the Contractor may submit a consent of surety to final payment in
a form satisfactory to the City.
The Contractor further certifies that all taxes imposed by Chapter 212,Florida Statutes
(Sales and Use Tax Act),as amended,have been paid and discharged.
[If incorporated,sign below.]
Contractor
ATTEST:
(Name of Corporation)
(Secretary)
(Corporate Seal)
incorporated sign below.]
WITNESSES:
By:
By:
(Signature)
(Print Name and Title)
_day of '20_[If not
Contractor
(Name of Firm)
(Signature)
(Print Name and Title)
__dayof ,20_
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662441BD
APPENDIX I
MIAMI BEACH
INSURANCE REQUIREMENTS
Docusign Envelope ID:5EF 18109-CA2A-4 48F-A7B2-98BD662A41 BO
The Contractor 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.Workers'Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than $1,000,000 per accident for bodily injury or disease.Should the
Contractor be exempt from this Statute,the Contractor and each employee shall
hold the City harmless from any injury incurred during performance of the Contract.
The exempt contractor 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 $2,000,000 per occurrence.If a general
aggregate limit applies,either the general aggregate limit shall apply separately to
this project or the general aggregate limit shall be twice the required occurrence
limit.
C.Automobile Liability Insurance covering any automobile,if Contractor has no
owned automobiles,then coverage for hired and non-owned automobiles,with limit
no less than $2,000,000 combined per accident for bodily injury and property
damage.
D.Installation Floater Insurance against damage or destruction of the materials or
equipment in transit to,or stored on or off the Project Site,which is to be used
(installed into a building or structure)in the Project.(City of Miami Beach shall
Named as a Loss Payee on this policy,as its interest may appear.This policy shall
remain in force until acceptance of the project by the City.)
E.Umbrella Liability Insurance in an amount no less than $10,000,000 per
occurrence.The umbrella coverage must be as broad as the primary General
Liability coverage.
F.Contractors'Pollution Legal Liability (if project involves environmental hazards),
with limits no less than $1,000,000 per occurrence or claim,and $2,000,000 policy
aggregate.
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.
Docusign Envelope ID:5EF 18109-CA2 A-4 48F-A7B2-98 D662A41BD
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 -Contractor 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.
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 Compliance Services
P.O.Box 4668-ECM #35050
New York,NY 10163-4668
Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,
EXIGIS,at:
Certificates-miamibeach@riskworks_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 Contractor of his liability and
obligation under this section or under any other section of this agreement.
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
ATT ACHMENT C
SUN BIZ &PROPOSAL RESPONSE TO 1TB
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-988D662A441BD
.as%b.,org DP/Io1 of
'pp;rto@;'/!:/s--=-'/--
DIVISION OF CORPORATIONS
2.anoijciu!'tue of Florida weri
Department of State /Diyision of Corporations l Search Records /Search by FEI/EIN Number /
Detail by FEI/EIN Number
Foreign Profit Corporation
QUALITY ENTERPRISES USA,INC.
FilingJnformation
Document Number
FEI/EIN Number
Date Filed
State
Status
Principal Address
F95000002550
54-0947002
05/25/1995
VA
ACTIVE
3494 SHEARWATER STREET
NAPLES,FL 34117
Changed:11/04/2016
Mailing Address
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662441BD
3494 SHEARW ATER STREET
NAPLES,FL 34117
Changed:11/04/2016
R eg istered A gent Nam e &Address
CORPORATION SERVICE COM PANY
1201 HAYS STREET
TALLAHASSEE,FL 32301
Nam e Changed:12/04/2017
Address Changed:12/04/2017
Off icer/Director Detail
Name &Address
Title President &Director
MURRELL,HOW ARD J,Jr.
3494 SHEARWATER STREET
NAPLES,FL 34117
Title Secretary
MURRELL,STACEY L
3494 Shearw ater Street
NAPLES,FL 34117-8414
Title Chief Information Officer/Assistant Secretary
Docusign Envelope ID:5EF 18109-CA2 A-448F-A7B2-98BD662441BD
Murrell,Allison B
3494 Shearw ater Street
NAPLES,FL 34117-8414
Title VP
Gaudio,Louis J
3494 SH EARWATER STR EET
NAPLES,FL 34117
Title Construction Technology M anager
Murrell,111,How ard J
3494 SHEARW ATER STR EET
NAPLES,FL 34117
Title Director of Risk M anagem ent
M urrell,Rachel S
3494 SH EARWATER STR EET
NAPLES,FL 34117
Annual Reports
Report Year
2022
2023
2024
Filed Date
01/20/2022
01/23/2023
02/10/2024
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662441BD
Docum ent Im ages
02/10/2024 --ANNUAL REPORT View image in PDF format
01/23/2023 --ANNUAL REPORT View image in PDF format
01/20/2022 --ANNUAL REPORT View image in PDF format
02/03/2021 --ANNUAL REPORT View image in PDF format
02/10/2020 --AMENDED ANNUAL REPORT View image in PDF format
01/15/2020 --ANNUAL REPORT View image in PDF format
02/11/2019 --AMENDED ANNUAL REPORT View image in PDF format
01/07/2019 --ANNUAL REPORT View image in PDF format
01/24/2018 --ANNUAL REPORT View image in PDF format
12/04/2017 --Reg._Agent Change View image in PDF format
07/21/2017 --AMENDED ANNUAL REPORT View image in PDF format
05/02/2017 --AMENDED ANNUAL REPORT View image in PDF format----
02/06/2017 --ANNUAL REPORT View image in PDF format
01/25/2016 --ANNUAL REPORT View image in PDF format
01/29/2015 --ANNUAL REPORT View image in PDF format
01/08/2014 --ANNUAL REPORT View image in PDF format
01/09/2013 --ANNUAL REPORT View image in PDF format
01/06/2012--ANNUAL REPORT View image in PDF format
11/08/2011--Reg._Agent Change View image in PDF format
01/27/2011 --ANNUAL REPORT View image in PDF format
02/05/2010 --ANNUAL REPORT View image in PDF format
01/14/2009 --ANNUAL REPORT View image in PDF format
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04/30/1999 --ANNUAL REPORT
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05/25/1995 --DOCUMENTS PRIOR TO 1997
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D ocusign Envelope ID :5EF 18109-C A 2A-4 48F-A 7B2-98BO 662A4 1 BO
Solicitation No:
BID NUMBER
T eri
BID SUBMITTAL QUESTIONNAIRE -CONSTRUCTION
SECTION 1 -BID CERTIFICATION
us at is REQ U IR ED and mus,ill competed in s rt
Solicitation Title:
PROJECT TITL E
a
BIDDER'S NAME:Quality Enterprises USA,Inc.
NO.OF YEARS IN BUSINESS 54 I NO.OF YEARS IN BUSINESS LOCALLY:29 NO,OF EMPLOYEES:26s
OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 1O YEARS:None
BIDDER PRIMARY ADDRESS (HEADQUARTERS).3494 Shearwater Street
CITY.Naples
STATE:Florida ]ZIP COE:34117
TELEPHONE NO.239-435-7200
TOLL FREE NO.:NIA
FAX NO.:239-435-7202
BIDDER LOCAL ADDRESS:3494 Shearwater Street
CITY.Naples
STATE:Florida ]z CO034117
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Louis 4.Gaudio,Vice President
ACCOUNT REP TELEPHONE NO.239-435-7200
ACCOUNT REP TOLL FREE NO:NIA
ACCOUNT REP EMAIL LGAUDIO@QEUSA.COM
FEDERAL TAX IDENTIFICATION NO.:54-0947002
By virtue of subm itting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this
solicitation,all specifications,attachm ents,exhibits and appendices and the contents of any Addenda released hereto;b)to be bound,at a minimum,to any
and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with
other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part
of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an
appro priate City of Miam i Beach docum ent fo r the purpo se of establishing a fo rmal contractual relationship betw een the bidder and the City of Miami Beach,
Florida,fo r the perform ance of all requirements to which the bid pertains;and f)that all responses,data and info rm ation contained in the bid submittal are
tru e and accurate.
The individual nam ed below affi rm s that slhe:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said
docum ent(s)are complete,true,and correct to the best of his/her know ledge and belief.
Name of Bidder's Authorized Representative:
Louis J.Gaudio
Title of Bidder 's Authorized
Representative:
Vice President
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM
After issuance of solicitation,the City may release one or more addendum to the solicitation,which may provide additional
information to bidders or alter solicitation requirements.The City will strive to reach every bidder having received solicitation
through the City's e-procurement system.However,bidders are solely responsible for assuring they have received any and all
addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all
addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result
in proposal disqualification.
Enter Initial to Enter Initial to Enter Initial to
Confirm Confirm Confirm Receipt
Receipt Receipt
LG Addendum 1 LG Addendum 6 Addendum 11
LG Addendum 2 LG Addendum 7 Addendum 12
LG Addendum 3 Addendum 8 Addendum 13
LG Addendum 4 Addendum 9 Addendum 14
LG Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
SECTION 3 -QUESTIONNAIRE
1.Provide the names of each owner (stockholder,sole proprietor,and partner),director,or officer of the company,below.
Submit additional names on a separate sheet if required.
Owner Ownership percentage Directorship/Office type
Howard J.Murrell,Jr.100%
See Attached Listing of Officers
Under Tab 3
2.Provide at least three (3)references of w ork sim ilar in size and nature as the work referenced in solicitation.
Project No.
Project Title
BID NUMBER
PROJECT TITLE
Reference No.1
Firm Name:C o lli er C o unty ,Florid a
Contact Individual Name and Title:Shon Fandrich,Project M anager
Address:3339 E Tam iam i Tr.,N ap les,FL 34112
Telephone:(239)315-2181
Contact's Email:SH O N .FA N D R IC H @ C O LLI ER C O U N TY FL.G O V
Narrative on Scope of Services Provided:
This project,which was centrally located in Collier County,involved the installation of over 20,000 LF of watermain piping,varying
in size from 24"to 36"in diameter,by open cut and Horizontal Directional Drilling (HDD).Drills involved the installation of 36"
HOPE pipe with lengths of drills varying from 1500 LF to 3800 LF.All work self-performed by QE.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41BD
Reference No.2
Firm Name:City of Marco Island
Contact Individual Name and Title:Mike Daniel,Construction Manager
Address:50 Bald Eagle Drive,Marco Island,FL 34145
Telephone:(239)825-9554
Contact's Email:M D A N IE L@ C ITY O FM A R C O IS LA N D .C O M
Narrative on Scope of Services Provided:
Installation of over 23,000 linear feet of pipe utilizing open cut and horizontal directional drill in sizes ranging from 12"to 20".More
specifically,the project included 3.5 miles of force main installation with 2,400 LF of 20"HDPE subaqueous force main and
installation of over 2,300 LF of 16"HDPE subaqueous water main.A portion of the project ran along SR951 with close coordination
with FOOT and Collier County.
Reference No.3
Firm Name:Collier County,Florida
Contact Individual Name and Title:Zamira Deltoro,Project Manager
Address:3339 E Tamiami Tr.,Naples,FL 34112
Telephone:(239)877-8338
Contact's Email:ZAMIRA.DELTORO@COLLIERCOUNTYFL.GOV
Narrative on Scope of Services Provided:
Installation of approximately 20,000 LF of 24"HDPE wastewater force main piping and approximately 1,400 LF of 12"HDPE force
main piping in four segments.Installation methods included both open cut and HOD.One of the drills included a 5,200 LF drill of
24"HDPE pipe using the intersect method and a subaqueous drill.
Additional Reference
Firm Name:
Contact Individual Name and Title:
Address:
Telephone:
Contact's Email:
Narrative on Scope of Services Provided:
D o cusign Envelope ID :5E F 18109-C A2A-4 48F -A 7B2-98BD 662A41 BD
3.Has the applicant company's construction license(s)been revoked during the last five (5)years?
)s I o
lf yes,why?
4.Have any owners,directors,officers,or agents of the I applicalt company had a I icense revoked during the last five (5)years?[]vs @ o
lf yes,why?
5.Is the applicant company currj"tly bard by a governmental agency,from bidding work as a prime or subcontractor?vs [EI o
If yes,state debarment period and the reason(s)for debarment?
6.Has a surety completed,or paid for completion,of a project on behalf of the applicant company,within the last five (5)
years?LJs (a_Jo
If yes,why?
7.Has the applicant company or any of its owners,directors,officers,or agents been convicted of a crime or had a claim
that was filed in a court and mediated or arbitrate!during I the last five (5)years?[]vs g No
If yes,why?
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A441BD
8.Is an affiliate of the applicant lcompan~prequalified iy the Cir of Miami Beach to bid on construction work?
O YES G NO
If yes,state the name of the affiliate?
9.Is the applicant company a parent,subsidiary,or holding company for another construction company?
[CCJ e s (EJ o
If the answer is "yes,"identify the company and type of relationship(s),below.
,mpany Type of affiliatior {parent or subsidiary Period of aff 1ation
10.Is an owner,director,officer,or agent of the applicant company affiliated with another company?
(]s LJ o
If the answer is "yes,"provide the following information for each individual and the affiliated company.
period of Type of affiliation (e.g.
d vidua!s name Affiliatea company s name affiliation officer director owner or
employee)
Howard J.Murrell,Jr Quality Environment 29 years Owner
Company,Inc.
Howard J.Murrell,Jr.Earth View,LLC 20 years Owner
Howard J.Murrell,Jr.QE Concrete,LLC 2 years Owner
11.Is the applicant company curntly thi debtor in a ba1kruptcj case or file for bankruptcy during the last five (5)years?O YES NO
If yes,explain and attach,as applicable,the relevant case and court documents,including (but not limited to):the original petition,including
the case number and the date that the petition was filed;a copy of the bankruptcy court's discharge order,and any other document
that ended the case,if no discharge order was issued.
12.Has any owner,director,officer,or agent for the applicant company,or has any business organization in which any such
person was an owner,director,officer,or agent filed for or been discharged in bankruptcy within the past five (5)years?
tie (Jo
If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of
commencement.
13.Has any owner,director,officer,or agent of the applicant company owned or managed a construction company under any
other name in the last five (5)years?
Ll e (EIo
If yes,explain.
14.Has the applicant company been assessed or paid liquidated damages on any project during the past five (5)years,whether
the project was publicly or privately owned?
LJe [EJ vo
If yes,explain.
15.Are there currently any liens,suits,or judgments of record pending against any owner,director,officer,or agent for the
company that is related to construction activities of a business organization?
r e (J o
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If yes,explain.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BO
16.Has the applicant company or any of its owners,officers,or partners ever been convicted (criminal)or found liable (civil)for
making either a false claim or material misrepresentation to any public agency or entity?Lls (EJo
If yes,explain.
17.Has the applicant company or any of its owners,officers,or partners ever been convicted of any a federal or state
crime?
Je (Jo
If yes,explain.
18.Is any officer,director,employee or agent,or immediate family member (spouse,parent,sibling,and child)of any officer,
director,employee or agent,an employee of the City of Miami Beach?
)vs (EJo
If yes,state name,title and share of ownership
Name Title Share (%)of Ownership
19.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business
represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the
blacklisting,divesting from,or otherw ise refusing to deal with a person or entity when such action is based on race,color,
national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability.Does
the applicant agree to be comply with this prohibition?
[E]vs t7o
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BO662A41 BO
20.Is the applicant a small business concern owned and controlled by a veteran(s)(certified by the State of Florida Department of
Management Services or a service-disabled veteran business enterprise (certified by the United States Department of Veterans
Affairs).
LIJs [lo
Certifyi ng_A gency_Certification Type
21.Equal Benefits for Employees with Spouses and Employees with Domestic Partners.Purchases hereunder are subject to the
requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and
City volume greater than $100,000 to provide "Equal Benefits"to their employees with domestic partners,as they provide to employees
with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach,Florida;
and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing
work on the contract within the City of Miami Beach.
A.
B.
Does the applicant pro vide or offer access to any benefits to elployees r h spouses or to spouses of employees?[E]vs 5 o
Does your com pany pro vide or offer access to any benefits to employees with (sam e or opposite sex)domestic partners*or to domestic
partners of employees?
[]vs [,J
C.Please check all benefit s that apply to your answ ers above and list in the "other"section any additional benefits not already specified.Note:s
benefit s are provided to em ployees beca use they have a spouse or domestic partner,such as bereavement leave;other benefits are pro
directly to the spouse or dom estic partner,such as medical insurance.
BENEFIT Firm Provides for Em ployees Firm Provides fo r Em ployees Firm does not Provide
w ith Spouses with Dom estic Partners Benefit
H ealth yes yes
S ick Leave yes yes
Fam ily M edical Leave yes yes
Bereavem ent Leave yes yes
22.Moratorium on Travel to and the Purchase of Goods or Services from Mississippi.Pursuant to Resolution 2016-29375,the City of
Miami Beach,Florida prohibits the purchase of goods or services sourced in Mississippi.Are any of the products for which the applicant
is seeking to be prequalified sourced in Mississippi?
If yes,explain.
v s [a_J vo
D ocusign Envelope ID :5EF 18109-C A2 A-4 48F-A 7B2-98BO 662A4 1 BO
23.Financial Capacity.At time of request by the City,_bidder shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly_to
the City,_with bid or within three (3)_days of request_B idder shall arrange fo r Dun &Bradstreet to subm it a Supplier Qualification Report (SQR)directly
to the City .No pro posal will be considered w ithout receipt (when requested),by the City,of the SQR directly from Dun &Bradstreet.The cost of the
preparation of the SQ R shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/serylet/SupplierPortal7storeld=11696
Bidders are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each bidder review the
information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance
with any portion of the SQR submittal process.contact Dun &Bradstreet at 800-424-2495.
24.Byrd Anti-Lobbying Amendment Certification Form:APPENDIX A,44 C.FR.PART 18 CERTIFICATION REGARDING LOBBYING:Certification
for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned Contractor certifies,to the best of his or her know ledge,that:
1.No Federal appro priated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for infiuencing or attempting to influence
an offi cer or em ployee of an agency,a Mem ber of Congress,an officer or em ployee of Congress,or an employee of a Member of Congress in connection
w ith the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any co operative agreement,
and the extension,continuation,renew al,amendm ent,or modification of any Federal contract,grant,loan,or cooperative agreement.
2.If any funds other than Federal appro priated funds have been paid or will be paid to any person for infiuencing or attempting to infiuence an officer or
employee of any agency,a Mem ber of Congress,an officer or em ployee of Congress,or an employee of a Mem ber of Congress in connection with this
Federal contract,grant,loan,or cooperative agreem ent,the undersigned shall com plete and subm it Standard Form-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award docum ents for all subawards at all tiers (including
subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this
certification is a prerequisite fo r making or entering into this transaction im posed by 31,US .C.§1352 (as am ended by the Lobbying Disclosure Act of
1995).Any person who fails to file the required ce rtification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such fa ilure.The undersigned Contractor ce rtifies or affirms the truthfulness and accuracy of each statem ent of its certification and disclosure,if any.In
addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certifica tion and disclosure,if any.
By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendm ent Certifica tion.
Name of Bidder's Authorized Representative:
Louis J.Gaudio
Title of Bidder 's Authorized
Representative:
Vice President
25.Suspension And Debarment Certification The Contractor acknowledges that:
(1)This Contract is a covered transaction fo r purp oses of 2 C.F.R.pt.180 and 2 C.F.R.pt.3000.As such the contractor is required to verify that none of the
Contractor,its principals (defined at 2 C.F.R.§180.995),or its affiliates (defined at 2 C.F.R.§180.905)are excluded (defined at 2 C.F.R.$180.940)or
disqualified (defined at 2 C.F.R.§180.935).
(2)The Contractor must comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
(3)This certifica tion 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 Governm ent may pursue available remedies,
incl uding but not limited to suspension and/or debarm ent.
(4)The Contractor agrees to comply with the requirem ents of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its
lower tier covered transactions."
Docusign Envelope ID:5EF181O9-CA2A-448F-A7B2-98BD662A41 BD
By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification.
Name of Bidder's Authorized Representative:
Louis J.Gaudio
Title of Bidder 's Authorized
Representative:
Vice President
26.Suspension,Debarment,Or Contract Cancellation.Has bidder ever been debarred,suspended or other legal violation,or had a contract cancelled
due to non-performance by ry public rctor agency?v s [E]o
If answer to above is "YES,"bidder shall submit a statement detailing the reasons that led to action(s):
27.Small And Disadvantaged Business Certification
Pursuant to Resolution 2020-31519,the City is tracking the Small and Disadvantaged Businesses,as certified by Miami-Dade County that have been
certified as Small or Disadvantaged Business by Miami-Dade County.
Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County?Il e []
28.LGBT Business Enterprise Certification
Pursuant to Resolution 2020-31342,the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the
National Gay and Lesbian Chamber of Commerce (NGLCC).
Does bidder possess LGBT Business Enterprise Certification by the NGLCC?]s ]o
29.Cone Of Silence
Pursuant to Section 2-486 of the City Code,all procurement solicitations once advertised and until an award recommendation has been forwarded to the
City Commission by the City Manager are under the "Cone of Silence."The Cone of Silence ordinance is available
at https://library.municode.com/f/miami beach/codes/code of ordinances?odeld=SPAGEOR CH2AD ART[IIS1CQ DI[4PR_S2.486CQS]
Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director,or his/her administrative staff responsible for administering the procurement process for this solicitation
providing said communication is limited to matters of process or procedure regarding the solicitation.Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gQY .
By virtue of submitting bid,bidder certifies that it is in compliance with the Cone of Silence Ordinance,pursuant to Section 2-486 of the City Code.
30.Code Of Business Ethics
Pursuant to City Resolution No.2000-23789,the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City.The Code of
Business Ethics shall be submitted to the Procurement Department with its response or within three (3)days of request by the City.The Code shall,at a
minimum,require the Bidder,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and
ethics provision of the City Code.In lieu of submitting Code of Business Ethics,bidder may indicate that it will adopt,as required in the ordinance,the City
of Miami Beach Code of Ethics,available at http://www.miamibeachf gov/city-hall/procurement/'procurement-related-ordinance-and-procedures/
Bidder will submit firm's Code of Business Ethics within three (3)days of requj51 by the f'ty?[]vs Eg o
Bidder adopts the City of Miami Beach Code of Business Ethics?[E]L.J°
31.Lobbyist Registration &Campaign Contribution ?eQJIREMIENTS
This solicitation is subject to,and all bidders are expected to be or become familiar with,all City lobbyist laws,including lobbyist registration requirements
and prohibition on campaign contributions,including:
•Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code
(https://library.municode.com/fl/miami beach/codes/code of ordinances?nodel3=SPA4GEQR CH2AD ART[II$TC,Q Ly3LQ)
•Campaign Contribution Requirements sections 2-487 and 2-488 of City Code
(https://library.municode_com/f/miami beach/codes/code of ordinances?nodelg=SPAGEOR CH2AD ART[II[CO Ly5CAFIRE)
By virtue of submitting bid,bidder certifies or affirms that they have read and understand the above Lobbyist Registration &Campaign Contribution
Requirements.
32.NON-DISCRIMINATION
The Non-Discrimination ordinance is available at:
https://library.municode.com/fl/miami beach'codes/code of ordinances?nodelg=SPAGEOR CH2AD ART[IPR DIV3,QPR $2-375NS€CORE[A
By virtue of submitting bid,bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
33.FAIR CHANCE REQUIREMENT
The Fair Chance Ordinance No.2016-4012 is available at:
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A4 1 BD
htlps:/library.municode.com/fl/miami beach/codes/code of ordinances ?nodeld=SPAGEOR CH62HJRE ARTVFACHOR
By virtue of submitting bid,bidder certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance
Ordinance.Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request.Bidder further agrees
that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate
termination for cause of the agreement,in addition to any damages that may be available at law and in equity.
34.PUBLI C ENTI TY CR IM ES
Please refer to Section 287.133(2)(a),Florida Statutes,available at:
https://yyy_flsenate gov/Laws/Statutes/2012/287_133
By virtue of submitting bid,bidder agrees with the requirements of Section 287.133,Florida Statutes,and-certifies it has not been placed on
convicted vendor list.
35.Veteran Business Enterprises Preference
Pursuant to City of Miami Beach Ordinance No.2011-3748,https:/library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible
bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is
within five percent (5%)of the lowest and best bidder,by providing such bidder an opportunity of providing said goods or contractual services for the lowest
responsive bid amount.Whenever,as a result of the foregoing preference,the adjusted prices of two (2)or more bidders which are a small business
concern owned and controlled by a veteran(s)or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an 1TB,RFP,RFQ,
ITN or oral or written request for quotation,and such bids are responsive,responsible and otherwise equal with respect to quality and service,then the
award shall be made to the service-disabled veteran business enterprise.
Is the bidder a service-disabled veteran business enterprise certified by the State of Florida?
(gJo
Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government?
LITe (E wo
CONTINUED ON THE FOLLOWING PAGE.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B 2-98BO662A41 BO
36.Sub-Contractors Providing Services to this Project:
Subcontractor Work to be completed %of Work to be performed
Name:
Tel:None
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Name:
Tel:
Email:
Docusign Envelope ID:5EF 18109-CA2A-448F-A7B2-98BD662A41BD
Quality Enterprises USA,Inc.
EXHIBIT A
REVISED SCHEDULE OF VALUES
THE REVISED SCHEDULE OF VALUES IS
EQUIRED TO BE SUBMITTED WITH THE
BID OR WITHIN THREE (3)DAYS OF
REQUEST BY THE CITY
MIA/BE AC
SCHEDULE OF VALUES
Bidders should fully complete the Schedule of Values to include quantities,units of measure,unit pricing,and totals.The cost of any
item(s)of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s)is most
applicable.Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications.Bidder
agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
ITEM NO.DESCRIPTION UNIT OF (A)QTY (B)(C)TOTAL
MEASURE UNIT (AxB=C)
COST
GENERAL
Mobilization/Demobilization,to be paid for
in 4 separate payments.As per
Measurement and Payment Item No.1
LS $199,551.00 $199,551.00
WATER MAIN
2 Furnishing and delivering all necessary 8-LF 260 $178.00 $46,280.00
inch zinc coated
polywrapped ductile iron water main.
ply{jy {+]ye y y[yo
3 Furnishing and delivering all necessary 12-LF 230 $401.00 $92,230.00
inch zinc coated polywrapped ductile iron
water main and fittings
4 Furnishing and delivering all necessary 16-LF 130 $772.00 $I 00,360.00
inch zinc coated polywrapped ductile iron
water main and fittings
5 Furnishing and delivering all necessary 24-LF 70 $985.00 $68,950.00
inch zinc coated polywrapped ductile iron
water main and fittings
6 Furnishing and delivering all necessary 16-$63,800.00
inch HOPE water main and fittings LF 550 $116.00
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BO
7 Furnishing and delivering all necessary 20-$I 07,640.00
inch HOPE water main LF 520 $207.00
and fittinas
8 Furnishing and delivering 12-inch EA 8 $6,209.00 $49,672.00
mechanical joint resilient seated gate
valve(s)for water main,complete
9 Furnishing and delivering 16-inch $42,800.00
mechanical joint butterfly valve(s)for water EA 4 $10,700.00
[main,complete
10 Furnishing and delivering 24-inch EA 3 $49,905.00
mechanical joint butterfly valve(s)for water $16,635.00
main,complete
91218
11 Installing all necessary 8-inch zinc coated LF 260 $218.00 S56,680.00
polywrapped ductile iron water main via
opencut.Including fittings and valves
12 Installing all necessary 12-inch zinc coated $283.00 S65,090.00
polywrapped ductile iron water main via LF 230
opencut.Including fittings
13 Installing all necessary 16-inch zinc coated S38,740.00
polywrapped ductile iron water main via LF 130 $298.00
opencut.Includina fittinas.
14 Installing all necessary 24-inch zinc coated S34,230.00
polywrapped ductile iron water main.LF 70 $489.00
Includina fittinas
15 Installing all necessary 16-inch HOPE water LF 550 S28 I ,050.00
main via HDD and fittinas $511.00
16 Installing all necessary 20-inch HDPE water LF 520 S3 l 6,160.00
main via HOD and fittings $608.00
17 Installing 12-inch mechanical joint resilient S30,576.00
seated gate valve(s)for water main,EA 8 $3,822.00
complete
18 Installing 16-inch mechanical joint butterfly S7,644.00
valve(s)for water main,EA 2 $3,822.00
complete
19 Installing 24-inch mechanical joint Sl5,285.00
butterfly valve(s)for water main,complete EA 3 $5,095.00
20 Furnishing and delivering all necessary 12-EA $945.00 Sl6,065.00
inch mechanical joint type impermeable 17fluoroelstomergasketsforD.I.P.and fittings
21 Furnishing and delivering all necessary 16-EA 2 $1,020.00 S2,040.00
inch mechanical joint type impermeable
fluoroelstomer gaskets for D.I.P.and fittings
22 Furnishing and delivering all necessary 12-EA 1 $1,310.00 Sl,310.00
inch push-on type impermeable
fluoroelstomer gaskets for D.I.P.and fittings
23 Furnishing and delivering all necessary 16-EA 3 $2,223.00 S6,669.00
inch push-on type impermeable
fluoroelstomer gaskets for D.I.P.and fittings
24 Cut-in connections to existing water mains EA 10 S76,430.00$7,643.00
25 Furnishing and Installing Manual Air Release S41,285.00
Valve Assemblies (ARVs)for water main EA 5 $8,257.00
26 Furnishing and installing 4-inch "Long"water EA 1 SI 1,916.00
services $11,916.00
Docusign Envelope ID:5EF18109-CA2A--448F-A7B2-98BO662A41 BO
27 Furnishing and installing 4-inch "short"water EA SI0,500.00
services $10,500.00
Furnishing,delivering,and installing flowable S52,740.00
28 fill used for abandoning water mains as CY 90 $586.00
directed b the En ineer
29 Trench overcut in 1-foot depth increments,LF 680 S7,480.00
for an size ie $11.00
30 Sheeting and shoring ordered left in place by SF 250 S9,500.00
the En ineer $38.00
31 Removal,transport,and legal disposal of CY 302 $26.00 $7,852.00
unsuitable backfill materials,including
tipping fees,as ordered by the Engineer
32 Furnishing and installing additional suitable 302 $17,516.00
backfill material,as directed CY $58.00
b the En ineer
33 Constructing limerock base permanent SY 193 $109.00 $21,037.00
avement re airs
34 Constructing Type "S-I11"asphaltic concrete 193 $15,054.00
surface course permanent pavement repairs SY $78.00
35 Cold milling roadway surface course for SY 1574 $14.00 $22,036.00
permanent pavement repairs (nominal 1-inch
thick)
36 Constructing Type "S-11I"permanent 1574 $27.00 $42,498.00
pavement repairs for roadway (nominal 1-
inch-thick machine-laid asphaltic concrete SY
friction surface
a -a
RESTORATION
Replacing pavement markings damaged,
37 removed,or obliterated by the Contractor's AS $9,928.00 $9,928.00
o eration
38 Concrete curb and gutter restoration to LF 130 $45.00 $5,850.00matchexistin
39 Restoring concrete sidewalk SF 70 $11,760.00$168.00
40 Restoring brick crosswalk SF 310 $17.00 $5,270.00
41 Restoring sodded area SY 522 $20.00 $10,440.00
42 Tree Removal &Relocation Including Tree AS $6,362.00 $6,362.00Permit
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BO
QUALITY
ENTERPRISES
TAB 1
MINIMUM QUALIFICATIONS AND
SUBMITTAL REQUIREMENTS
Ron DeSantis,Governor
STATE OF FLORIDA
•Griffin.Secretary d ~mrMelarne5.·u ~
DEPA RTM ENT O F BUSINESS AND PRO FESSIO NA L REGULATION
CONSTRUCTION INDUSTRY LICENSIN G BO ARD
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THE BUILDING CONTRACTORHEREINIS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 489,FLORIDASTATUTES
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EXPIRA TION DATE:AUGUST 31,2026
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ISSUED:08/12/2024
Do not alter this docum ent in any fo rm.
This is your lic ense.It is unlawful fo r anyone other than the licensee to use this docum ent.
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Ron DeSantis,Governor
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
•Griffin,Secretary d ~in r
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CONSTRUCTION INDUSTRYLICENSING BOARD
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THE UNDERGROUND UTILITY &EXCAVATIONCO HEREINIS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 489,FLORIDASTATUTES·-'·figatas"hie••"=4E"
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uceaseNo»eEecues5ajmmm"-.EXPIRATION DATE:AUGUST 31,2026
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ISSUED:08/12/2024
Do not alter this document in any form.
This is your license.It is unlawful for anyone other than the licensee to use this document.
R.
Docusign Envelope ID:5EF18109-CA2A-4 48F-A7B2-98BD662441BD
Quality Enterprises USA,Inc.
City of Miami Beach
Subaqueous Water Main Replacement,Under Collins Canal At 22nd And 23rd Street
1TB 2024-212-JP
Previous Experience of Bidder (Firm or its principal)
Project 1_-Design Build 1-75_Utility Relocation
Owner:Collier County,Florida
Contact:Shon Fandrich,(239)315-2181,SHON.FANDRICH@COLLIER COUNTY FL.GOV
Pro ject Address:Collier County,FL
Contract Amount:$14,250,000.00
Completion Date:December 2021
Narrative:This project,which was centrally located in Collier County,involved the installation of over 20,000 LF of
watermain piping,varying in size from 24"to 36"in diameter,by open cut and Horizo ntal Directional Drilling (HDD).
Drills involved the installation of 36"HDPE pipe with lengths of drills varying from 1500 LF to 3800 LF.All work
self-performed by QE.
Project #2-Marco Shores Alternate Water &Sewer Project
Owner:City of Marco Island
Contact:Mike Daniel,(239)825-9554,MDANIEL@ CITY OFMARCOISLAND.COM
Project Address:Marco Island,FL
Contract Amount:$9,089,175.00
Completion Date:December 2019
Narrative:Installation of over 23,000 linear fe et of pipe utilizing open cut and horizo ntal directional drill in sizes
ranging from 12"to 20",More specifically,the project included 3.5 miles of force main installation with 2,400 LF
of 20"HDPE subaqueous force main and installation of over 2,300 LF of 16"HDPE subaqueous water main.A
portion of the project ran along SR951 with close coordination with FOOT and Collier County.
Project #3 -Design Build Logan-Immokalee Force Main
Owner:Collier County,Florida
Contact:Zamira DelToro ,(239)877 -8338,ZAMIRA.DELTORO@COL LIER COUNTYFL.GOV
Pro ject Address:Collier County,FL
Contract Amount:$9,858,073.00
Completion Date:July 2021
Narrative:Installation of appro ximately 20,0 0 LF Of 24"HDPE wastewater force main piping and approximately
1,400 LF Of 12"HDPE force main piping in four segments.Installation methods included both open cut and HDD.
One of the drills included a 5,200 LF drill of 24"HDPE pipe using the intersect method and a subaqueous drill.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
Quality Enterprises USA,Inc.
City of Miami Beach
Subaqueous Water Main Replacement,Under Collins Canal At 22nd And 23rd Street
1TB 2024-212-JP
Previous Experience of Lead Project Manager (Louis J.Gaudio)
Project #1_-Design Build 1-75 Utility Relocation
Owner:Collier County,Florida
Contact:Shon Fandrich,(239)315-2181,SHON.FANDRICH@COLLIERCOUNTYFL.GOV
Project Address:Collier County,FL
Contract Amount:$14,250,000.00
Completion Date:December 2021
Narrative:This project,which was centrally located in Collier County,involved the installation of over 20,000 LF of
watermain piping,varying in size from 24"to 36"in diameter,by open cut and Horizontal Directional Drilling (HDD).
Drills involved the installation of 36"HDPE pipe with lengths of drills varying from 1500 LF to 3800 LF.All work
self-performed by QE.
Project #2-Marco Shores Alternate Water &Sewer Project
Owner:City of Marco Island
Contact:Mike Daniel,(239)825-9554,MDANIEL@CITY OFMARCOISLAND.COM
Project Address:Marco Island,FL
Contract Amount:$9,089,175.00
Completion Date:December 2019
Narrative:Installation of over 23,000 linear feet of pipe utilizing open cut and horizontal directional drill in sizes
ranging from 12"to 20".More specifically,the project included 3.5 miles of force main installation with 2,400 LF
of 20"HDPE subaqueous force main and installation of over 2,300 LF of 16"HDPE subaqueous water main.A
portion of the project ran along SR951 with close coordination with FDOT and Collier County.
Project #3 -Design Build Logan-Immokalee Force Main
Owner:Collier County,Florida
Contact:Zamira De[Toro,(239)877-8338,ZAMIRA.DELTORO@COLLIERCOUNTYFL.GOV
Project Address:Collier County,FL
Contract Amount:$9,858,073.00
Completion Date:July 2021
Narrative:Installation of approximately 20,000 LF of 24"HDPE wastewater force main piping and approximately
1,400 LF of 12"HDPE force main piping in four segments.Installation methods included both open cut and HDD.
One of the drills included a 5,200 LF drill of 24"HDPE pipe using the intersect method and a subaqueous drill.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
Quality Enterprises USA,Inc.
City of Miami Beach
Subaqueous Water Main Replacement,Under Collins Canal At 22nd And 23rd Street
1TB 2024-212-JP
Previous Experience of Superintendent (Antonio Perez Ramirez)
Project #1-Design Build 1-75 Utility Relocation
Owner:Collier County,Florida
Contact:Shon Fandrich,(239)315-2181,SHON.FANDRICH@COLLIERCOUNTYFL.GOV
Project Address:Collier County,FL
Contract Amount:$14,250,000.00
Completion Date:December 2021
Narrative:This project,which was centrally located in Collier County,involved the installation of over 20,000 LF of
watermain piping,varying in size from 24"to 36"in diameter,by open cut and Horizontal Directional Drilling (HDD).
Drills involved the installation of 36"HOPE pipe with lengths of drills varying from 1500 LF to 3800 LF.All work
self-performed by QE.
Project #2-Marco Shores Alternate Water &Sewer Project
Owner:City of Marco Island
Contact:Mike Daniel,(239)825-9554,MDANIEL@CITYOFMARCOISLAND.COM
Project Address:Marco Island,FL
Contract Amount:$9,089,175.00
Completion Date:December 2019
Narrative:Installation of over 23,000 linear feet of pipe utilizing open cut and horizontal directional drill in sizes
ranging from 12"to 20".More specifically,the project included 3.5 miles of force main installation with 2,400 LF
of 20"HOPE subaqueous force main and installation of over 2,300 LF of 16"HOPE subaqueous water main.A
portion of the project ran along SR951 with close coordination with FOOT and Collier County.
Project #3_-Design Build Logan-Immokalee Force Main
Owner:Collier County,Florida
Contact:Zamira DelToro,(239)877-8338,ZAMIRA.DELTORO@COLLIERCOUNTYFL.GOV
Project Address:Collier County,FL
Contract Amount:$9,858,073.00
Completion Date:July 2021
Narrative:Installation of approximately 20,000 LF of 24"HDPE wastewater force main piping and approximately
1,400 LF of 12"HDPE force main piping in four segments.Installation methods included both open cut and HDD.
One of the drills included a 5,200 LF drill of 24"HOPE pipe using the intersect method and a subaqueous drill.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
Name and a copy of the license of the Registered Engineer in the Environmental Discipline
John Herman,MSE,P.E.
Senior Engineer
RC
Environmental •Engineering •Contracting
5230 Clayton Court•Fort Myers•Florida •33907
Ft.Myers (239)936-8266 •Sarasota (941)929-8800
www.amrc-env ironmental.com
Ron DeSantis,Governor
STATE OF FLORIDA
Melanie S.Griffin,Secretary FBPE
FLORIDA BOARD OF
PROFESSIONAL ENGINEERS
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THE PROFESSIONAL ENGINEER HEREINIS LICENSED UNDER THE
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EXPIRATION DATE:FEBRUARY 28,2025
Always verify licenses online at MyFloridalicense.com
r,2#%gr Do not alter this document in any form.
This is your license.It is unlawful for anyone other than the licensee to use this document.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41BD
QUALITY
ENTERPRISES
TAB2
BID PRICE FORM &BID BOND
D o cu sig n Envelope ID :5E F 1810 9-C A 2A-4 48F -A 7B2-98BD 662A4 1 BD
Bid Price Form
FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED ON OR BEFORE
THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE,AND THE
BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION.
The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified
in this bid,consisting of furnishing all materials,labor,equipment,shoring,supervision,
mobilization,demobilization,overhead and profit,insurance,permits,and taxes to
complete the work to the full intent as shown or indicated in the contract documents.The
City will not accept any revision to the total base bid sum,divisions,line item totals,or add
alternates after the deadline for receipt of bids.
In the event of a discrepancy between the sum of the items in the schedule·of values and
the total base bid,the Bidder agrees that the total base bid shall govern.In the absence
of a numerical value for any item or division,the City shall interpret it as no bid for the
division,which may disqualify the Bidder.
The allowance items that have been delineated below shall be used only at the City's
discretion,as needed.In the event that an allowance is not used in its entirety,any
remaining balance shall be reflected in a deductive change order.
TOTAL BASE BID
TOTAL BASE BID AMOUNT $2,133.117.00
1 Indemnification of City $25.00
Off-Dut!Police Officer Allowance $170,000.00
Permit Allowance $75,000.00
GRAND TOTAL
(TO TA L BA S E BID A M O U N T +IN D E M N IFIC A TIO N O F CITY +IN FLU ENT G RA V ITY SEW ER
LA T E R A LS R EPLA C E M E N TS A LLO W AN C E +O FF-D UTY PO LI C E O FFIC ER A LLO W A NC E +
PE R M IT A LLO W ANC E)
'See Section 0100,Sub-section 12.
$2 378 142.00
ADDITIVE ALTERNATES (In order of priority)
Selection of additive alternates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
DEDUCTIVE ALTERNATES (In order of priority)
Selection of deductive alternates,if any,will be made pursuant to Section 0100,No.10
Method of Award.
NOT APPLICABLE
End of Bid Price Form.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
BID BOND
Page 1 of 2
KNOW ALL MEN BY THESE PRESENTS,that we,Quality Enterprises USA,Inc.as
Principal,hereinafter referred to as Contractor,and Liberty Mutual Insurance Company as
Surety,are held and firmly bound unto the City of Miami Beach,Florida,as a municipal
corporation of the State of Florida,hereinafter called the City,in the sum of five percent
(5%)of the Contractor's Total Base Bid amount of $s%-or-Bia--rive-Percent-of-Amount-id-lawful
money of the United States of America,for the payment of which well and truly to be
made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,
jointly and severally by these presents.
WHEREAS,the Contractor contemplates submitting,or has submitted,a Bid to the
City for the furnishing of all labor,materials,equipment,machinery,tools,apparatus,
means of transportation for,and the performance of the Work covered in the Bid
Documents which include the Project Manual,the detailed Plans and Specifications,and
any Addenda,for the following solicitation.
Bid No.;2024-212-JP
Subaqueous Water Main Replacement,underTitle:Colllns Canal at 22nd and 23rd Street
WHEREAS,it was a condition precedent to the submission of said Bid that a
cashier's check,certified check,or Bid Bond in the amount of five percent (5%)of the Total
Base Bid be submitted with said Bid as a guarantee that the Contractor would if awarded
the Contract,enter into a written Contract with the City for the performance of said
Contract,within ten (10)consecutive calendar days after notice having been given of the
Award of the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the
Contractor,within ten (10)consecutive calendar days after notice of such acceptance,
enters into a written Contract with the City and furnishes the Performance and Payment
Bonds,satisfactory to the City,each in an amount equal to one hundred percent (100%)
of the Contract Price,and provides all required Certificates of Insurance,then this
obligation shall be void;otherwise the sum herein stated shall be due and payable to the
City of Miami Beach and the Surety herein agrees to pay said sum immediately,upon
demand of the City,in good and lawful money of the United States of America,as
liquidated damages for failure thereof of said Contractor.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BO
BID BOND
Page 2 of 2
IN WITNESS WHEREOF,the said Principal and the said Surety have duly
executed this Bond,the
2na day of December 20?+.
PRINCIPAL:
Quality Enterprises USA,Inc.
(Contractor Name)-sSignature
auiJ.Gudio
Print Name (Principal)Vee res,let
Title
SURETY:
Liberty Mutual Insurance Company
(Surety Name)
Terri K.Strawhand
Attorney-in-Fact (Print Name)'Jo OtaI Rd-
Signature /'
(Power of Attorney must be attached )
Seal No.6051
Docusign Envelope ID:5EF18109-CA2A-4 48F-A7B2-98BD662441BD
f LeroylW'tu1.
SURETY
PO W ER O F ATTO RNEY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS:That Tho Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana (herein collectively called the "Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint
TerriK.Strawhand all of the city of _Virginia Beach state of hits true and lawful allomoy-in-act,with full power and authority hereby conferred
to sign,execute and acknowledge the following surely bonds,undertakings,recognizances,contracts of indemnity,and all other surety obligations related thereto,the execution of
which shall be binding upon tho Companies as if it had been duly signed and executed by its own officers:
Principal Namo:Quality Enterprises USA,Inc.
Obligeo Mamo:City_of Miami Beach
Surety Bond Number:bidbond Bond Amount:ge9 Bond form
IN WITNESS WHEREOF,this Power of Attornoy has been subscribed by an authorized officer or official of the Companies and the corporato seals of tho Companies havo been affixed
thereto this 9day of September,2024.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
.ft
Nathan J.Zangorle,Assistant Secretary
STATE OF PENNSYLVANIA s8
COUNTY OF MONTGOMERY
On this 9th day of September,2024,before me personally appeared Nathan J.Zangerle,who acknowledged himnself to be the Assistant Secretary of Liberty Mutual insurance Company,
The Ohio Casualty Company,and West American Insuranco Company,and that ho,as such,being authorized so to do,execute the foregoing instrument for tho purposes therein
contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written.
Commonwealth l Pennsylvania -Nolery 89al
Teresa Pastella,Notary Public
Montgomery CountyMycommissionexpiresMarch 28,2025
Comm'sslon numb5or 1128044 Teresa Pastella,Notary PublicMember,Pennsyvanla Association of Notaries
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual
Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV--OFFICERS:Section 12.Power of Attomey.
Any officer or other official of the Corporation authorized for that purpose in writing by tho Chairman or the President,and subject to such limitation as the Chairman or the
President may prescrbo,shall appoint such attorneys -in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety
any and all undertakings,bonds,recognizances and other surely obligations.Such attorneys-in-fact,subject to the limitations set forth in their respeclive powers of attorney,
shall have full power to bind the Corporation by their signature and execution of any such instruments and lo allach thereto the seal of the Corporation.When so executed,such
instruments shall bo as binding as if signed by the President and attested to by the Secrelary.Any power or authority granted to any representative or attorney-in-fact under the
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by tho officer or officers granling such power or authority.
ARTICLE XIII -Execution of Contracts:Seclion 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to tho limitations sot forth in their respactivo powers of attomoy,shall have full power to bind
the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding
as if signed by the president and attested by the secretary.
Certificate of Designatlon --The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Nathan d.Zangerle,Assistant Secretary to appoint such
attorneys-intact as may be necessary to act on behalf of tho Company to make,execute,seal,acknowledge and deliver as surely any and all undertakings,bonds,recognizances and
other surely obligations.
Authorization -By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary
of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds,shall bo valid and binding upon the
Company with tho same force and effect as though manually affixed.
I,Renee C.Llewellyn,the undersigned,Assislant Secretary,of Liberty Mutual insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company
do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I havo hereunto set my hand and affixed tho seals of said Companies this 2nd_day of D@comb@or 2024_
.4-~~-el-lyn-,-Ass-is-ta_n_t S-ec-r-et-ar_y _
LMIC,OCIC,WAI.-SurePath_092024
Docusign Envelope ID:5EF18109-CA2A-448F-A 7B2-98BD662A41BD
TAB3
OTHER BID FORMS
QUALITY
ENTERPRISES
Docusign Envelope ID:5EF18109-CA2 A-448F-A7B2-98BD662A4 1 BD
LOCAL WORKFORCE PARTICIPATION PROGRAM
Responsible Contractor Affidavit Form
In accordance with Article Ill,Section 31-40 of the Miami Beach Code,all contractors and subcontractors of any tier performing on a city contract
valued in excess of $1,500,000 for (i)the construction,demolition,alteration and/or repair of city buildings or city public works projects,or (ii)a
contract valued in excess of $1,500,000 which provides for privately-funded construction,demolition,alteration and/or repair of buildings or
improvements located on city-owned land,and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements
of the Local Workforce Participation Program.
The undersigned Contractor affirms that should it be awarded the Contract pursuant to this solicitation,it shall comply with the following:
i.The Contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek
to achieve a project goal of having thirty percent (30%)of all construction labor hours performed by Miami-Dade County residents.
ii.The Contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents.To verify workers'
residency,the Contractor (s)shall provide the residence address of each worker.
Louis J.Gaudio
Print Name of Affiant
Vice President
Print Title of Affiant
.-=
Signature of Affiant
Quality Enterprises USA.Inc
Name of Firm
12/13/2024
Date
3494 Shearwater Street,Naples
Address of Firm
Florida
State
34117
Zip Code
Docusign Envelope ID:5EF18109-CA2A-448F-A 7B2-98BD662A41 BD
TRENCH SAFETY ACT CERTIFICATION
PAGE 1 OF 1
IF APPLICABLE,THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE.
On October 1,1990,House Bill 3181,known as the Trench Safety Act,became law.This incorporates the
Occupational Safety &Health Administration (OSHA)revised excavation safety standards,citation 29
CFR.S.1926.650,as Florida's standards.The Bidder,by virtue of the signature below,affirms that the Bidder is
aware of this Act and will comply with all applicable trench safety standards.Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.The Bidder is also obligated to identify the
anticipated method and cost of compliance with the applicable trench safety standards.
THE BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS OF COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT.THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE
ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY.THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES NOR BE CONSIDERED ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Sloping
Unit
of Measure
LF
Quantity
690
Unit
Price
$3.00
Extended Method
$2,070.00 Sloping
Total $2,070.00
Quality Enterprises USA.Inc
Name of Bidder»>Louis J.Gaudio
_V i c e P r e s i d e n t
Authorized Signature of Bidder
CONSIDERATION FOR INDEMNIFICATION OF CITY
Consideration for Indemnification of City $25.00
Cost for compliance with all Federal and State requirements of the Trench Safety Act
[NOTE:If the box above is checked,the Bidder must fill out the preceding Trench Safety Act
Form in order to be considered responsive.]
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
ATTACHMENT D
INSURANCE REQUIREMENTS
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A441BD
INSURANCE REQUIREMENTS
The Contractor 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.Workers'Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than $1,000,000 per accident for bodily injury or disease.Should the
Contractor be exempt from this Statute,the Contractor and each employee shall
hold the City harmless from any injury incurred during performance of the Contract.
The exempt contractor 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 $2,000,000 per occurrence.If a general
aggregate limit applies,either the general aggregate limit shall apply separately to
this project or the general aggregate limit shall be twice the required occurrence
limit.
C.Automobile Liability Insurance covering any automobile,if Contractor has no
owned automobiles,then coverage for hired and non-owned automobiles,with limit
no less than $2,000,000 combined per accident for bodily injury and property
damage.
D.Installation Floater Insurance against damage or destruction of the materials or
equipment in transit to,or stored on or off the Project Site,which is to be used
(installed into a building or structure)in the Project.(City of Miami Beach shall
Named as a Loss Payee on this policy,as its interest may appear.This policy shall
remain in force until acceptance of the project by the City.)
E.Umbrella Liability Insurance in an amount no less than $10,000,000 per
occurrence.The umbrella coverage must be as broad as the primary General
Liability coverage.
F.Contractors'Pollution Legal Liability (if project involves environmental hazards),
with limits no less than $1,000,000 per occurrence or claim,and $2,000,000 policy
aggregate.
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.
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-988D662A4 1 BO
INSURA NCE REQUIREMENTS
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 -Contractor 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.
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 Compliance 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@riskworks_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 Contractor of his liability and
obligation under this section or under any other section of this agreement.
D ocusign Envelope ID :5EF 18109-C A2 A -4 48F-A 7B2-98 D662A41B D
Contract No.24-212-01
ATTACHMENT E
Affidavit of Compliance with Anti-Human Trafficking Laws
1TB-24-212-01 for Subaqueous Water Main Replacement,Under
Collins Canal at 22'and 23 Street.
Contract Number and Title
Pursuant to section 787.06(13),Florida Statutes,this portion of the form must be
completed by an officer or representative of the nongovernmental entity executing,
renewing,or extending a contract with a governmental entity.
Name of entity does not use coercion for labor or services as defined in section
787.06,Florida Statutes.
Under penalties of perjury,I declare that I have read the foregoing statement and that
the facts stated in it are true.
Entity Name:Quality Enterprises USA,Inc.
Representative/Officer's Printed Name:Louis J.Gaudio
Representative/Officer's Title:Vice President
Signature:Date:2/20/25
Docusign Envelope ID:5EF18109-CA2A-448F-A7B2-98BD662A41 BD
Docusign Envelope ID:BA23F 706-5605-4964-84E2-D7 12D75285ED
MIAMI BEACH Contract/Document Routing Form
24-212-01
i/1
SUBAQUEOUS WATER MAIN REPLACEMENT,UNDER COLLINS CANAL AT 22N0AND 230
STREET
ia'4¢.f lg ·r »l 0[Ji}lily[.li
QUALITY ENTERPRISES USA,INC.PUBLIC WORKS II
I
]»7}F[j •)a -r·'»Tl Ta'id TT/.'/..~lay.lq
Bradford Kaine I E«kl+4 Ka,,i//05 I L2:54 E TDavid Martinez /I•2468$8490004444.f
»,[H[Elli 'J0119I
X Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation.
Type 2-Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation.
Type 3-Independent Contractor Agreement (ICA)Type 6-Tenant Agreement
Type 4-Grant agreements with the City as the recipient Type 7---Inter-governmental agency agreement
Type 5-Grant agreements with the City as the grantor Type 8 -Other:
El'Hy[di'TT@S.
On February 3,2025,the Mayor and City Commission approved the award of a contract to QUALITY ENTERPRISES USA,INC.,
the lowest,responsive,and responsible contractor pursuant to Invitation to Bid (IT8)2024-212-JP for Subaqueous Water Main
Replacement,Under Collins Canal at 22°and 234 Street;authorizing the City Manager and City Clerk to execute a contract.
The contract has been form approved by the City Attorney's Office and fully executed by the Contractor.Pursuant to the
authority established in Commission Item C2E,this item seeks the City Manager's signature to finalize the contract execution
process.
EE,pTIT En,TTIT
j'1y.]]4 y +,i
Grant Funded:I I Yes I X I No I I State I I Federal I I Other:I
[di.JI[ll][]'[.
I EE3 I LT7TT r l I -'E.HI:jil
I $2,615,956.20 I 418-0815-069357-29-418-561-00-00-00-28520 I I Yes I X I No
Total:$2,615,956.20
1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.
3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of
the annual adopted operating budget.
#iii .Lui
City Commission Approved:I X I Yes I I No Resolution No.:I CC Agenda Item No.:I CC Meeting Date:
N/A I C2E [02/03/2025
If no,explain why CC approval is not required:
Legal Form Approved:I X I Yes I I No If no,explain below why form approval is not necessary:
;tit,ii 4 jr+;44 .+4I
Procurement:fa...9nos I 7:41 E grants:N/A
Kristy Bada
Budget:r;:~:~\:Jc'"'"'3-(;51ru 2 s I 12:44 'formation Technology:N/A
Tameka Otto-Stewart 9I lwvaut u»
Risk Management:M//ea4ore10s Fleet &Facilities:N/A
Human Resources:N/A Other:Maria Estevez (»C_Isadora Gonzalez
or Ayanna
DaCosta-Earl