2025 Contract between CMB and Buslam Company Partners, Inc. Ce 2�_
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o«<�x�a�emm.,va io os�essno-esFcem�-neso-ro�exa•�iocuz .n
CoNract No. 25-OOL01 N
CONTRACT `^
TNIS CONTRACT(`Contracf�is matle and entered inlo as o1 ihn �y�23�1U25 py
and between tne Clty of Mlami eeach. Floriaa, a municipal corppranon(the'City')and
BUSLAM COMPANV PARTNERS INC.([he"ContractoY')'.
WITNESSETH, that�he Conlrecor,for antl in conseeration of the payments liereinafter
specitied end agreed to be made by tha Ci�y,hereby covenanls entl agrees to furnish and
tleliver all Ihe inatenals required,lo do and peAorm all lhe work antl labor,in a sa�isfactory
an0 workmanlike mannar, requirad�o complele!his Contract within tne lime specified. in
stricl and entire conformity with!he Plans. Specifiwhons.antl other Conlract Documenls,
which are nereby incorporatetl into this Contract by relerence,br
ITB-2025-087-NO-LINCOLN ROAD IMPROVEMENTS PHASE 2 MERIOIAN AVE
The Contractor dgrees to make payment of all proper charges for labor anA materials
requtred in the aforementioned work, antl to tlefend. indemnify,and save harmlass Ciry,
antl Ihzir respec6ve officers antl employees,from tiabilities, damages. losses, and cos�s
inGud��ng, but no� limitetl lo, reasonable aUorney's fees, to Ihe exlent caused 6y the
neglgence. recklessness, or mtentmnal wrongNl miscuiNucl of Centractor an0 persons
employed or utilizea by Contractor in the peRortnance of Ihis Conlract.
Tha reqwramenls of the Conhact Documenls',as such ferm is tle(inea in tha InviWlion lo
Bid, are hereDy incorpo2tad �y reference to the General ConAitions for Consimction
Conlrads aated April 13, 202Q Fpmal So6cibtim Tertns 8 Corditbns-Gaads aM Services
daled October 27, 2022, are hereby incorporeted by re/erenca as i( fully se� fotlh herein.
Withnul Ilmlting the foregoing, (he Controct Documenta expressry indutla lhle Contrac�,
Composite AUachment A(the Qry's General Conditions/or Construction Contraqs, Fwmal
Soliralatioo Terins 3 Corid"Abns - Cwoas arW Sernces), At�ac:iment B (Plans ana
SpeciM1catians.Invitation to Bid No.T02&087-ND-Lincoln Roatl Improvements Phase
� 2 MeriAian Ava and all Adtlenda Ihereto�, Attachment C (Sunbiz Entiry �atail ana
Contraclor's Responre to the ITB), and Atlachment D Qnsurance requiremen�s�. Por ihe
avoieance of tloobt, all of the documents constim�ing the CoNrecl Uocuments now or
herealter axislin�j (incluaing any Change Orde�s,Work Orders, Fieltl Ortlers, schetlWns,
shop drawings issued su�sequenl to the tlale of Ihis Contract, etc.) shall govem �his
Pro�ecf. The Anti-Humen Traffick�ng Affidavil is here�y incorporated in'o Ihis Agreement
as AlWchmenl E.
�BALANCE OF PAGE WlENTIONALLV LEFT BLANKj
1
oon�sg�e�.�i�io�.oz�essno-seFc.�an-neza-reiszsoiceoz
Contracl No. 25-08�-0'.
In consitleralion of Ihese premises, Ihe Qry hereby agrees to pay lo the Con[ractor(or t�e
work,when(ully complatetl.the btal maxinum sum o�(ourteen million.N+o hundred ffty3ix
Ihousa�,onehundredfilty-s&dollarsanChveMyceMs($14,256,15620). The Con�recl Price
consists o( ihe lollowing acceptatl 2ems or ScheAules Of wo/k as �aken from the
Cqnlractor's Bltl SubmittaP.
Total Base Bitl +Intlemnificatian. . . . . ... . . . $12.BP5,142.00
PermANlowame ..__. __..___ . . _ . . .. .. . . . . ...5�5,OOO.W
TotaiOwnersContingency....__ . . . . . . . ff1,29fi,01420
C9nlractPrice.... ,..___ . . ._ . . . .... . . . $14.25G,15620
The CONrecI Price,exclusive of Ihe Owner's Contingency antl Permit Allowance.incloAes,
without limi�atlon, all cosls for all laba, meterlals. equipment, fixWres, freight, fleld
supervision, supervisory expensas. project veniclas, tield office an0 equipmenC postage
entl delivery, safe�y antl first aitl, telephone, Vansportahon of employees. pa�king,
Insurance, taxes, preparation antl maintenance of the wnslruction schedule antl �he
preparation of as-buill antl shop tlrawings, as weil as Contrac�ors overhead anC pro0l
requiretl!or completion of all Ihe Work m accortlance wilh:he requirements of Ihe ComreG
�ocuments, incWtling woB reasonabiy interable therefmm,even if such ilems o�Work are
not speciticalty or eapressly idenlified as pan o!a line Ilem in the Bitl Pri�¢ Form. The
wntract Prlce is subject ro such atldilions and tleductions as may be pmvidetl (or m ihe
Coniract Documen5. ProB�e>s antl Flnal Paymenls wdl be matle as pmvmetl for�n the
Coniract�ocuments.
Cont_rac�Time'
Con4act Time end Schedule
Days for Substantial Completion�. 240 calendar Jays
Days(or Final Completion:60 cale�dar days
LiquiAaled Damaaes
Failure lo achieve Subsiantial Completion� ;1 SOO.00Itlav
Fallure�o acbieve Final Completion. 5600.00ldav
�BALANGE OF PAGE MTENTIONALLV LEFT BLANK)
?
9
Docusyn Envbhpe IP.D2IESSA��BBFGJ W t-AE^.�-0�1626�IDCOR
Conlratl No 25-UB/-01
Whenever either party tlesires lo grve nolice to Ihe olhe�,such notice musl be in writing,
sont bycertified United Sta�es Mail,paslage prepaid, relum recelpt requesleQ or by hantl-
delivery with a �ec�uest for a writtan recxipt ot acknowletlgment of tlaiivery, addressetl 10
the paRy for whom it is Intentletl at the piace last specifed.
The place br giving nofir,e shafl rema�n che same as set foRh herein, unlnss sucn notice
informa�ion is revisee in a Coniract amendment duly execNetl by the Ciry anE �he
Con�ractor. Por the presenl,the partJes designa�e the following_
For CI :
Cny of Miami Beach
Capital Improvemert Projer,ts, Department
1700 Convention Center Driva
Miami 8each, FL 33139
Atln' David Gomaz,Director
Ph: 305-673-7616 e�t. 3541
Ematl:davld�nmzjrilmi,.nnNeaicliFlyyv
With couies ro:
Ci�y Allomey
Ciry of Miami Beach
1]00 Convention Centar Drive
Miami Beac�, FL 33139
Attn: Ricardo Oopko, City Atmrney
Ph: 305-6�3-7000
EmeiP. rir,Fir�iqdo�iir.oLnnnnnhear,Ml.goy
For Contractor:
6USlAM COMPANY PAftTNERS INC
Attn-Kevin Buslo
960 Atlhur Goairey Road. Suite 2
Miami BeacR FI.33140
Ph:88&515310]
Email: knyinbustyt[,ilLuslamcom
3
�
o�c�s�y�Fn��n�a:io�oz+essAo�aRFcam�neze-voisaswocoz
Con!racl No 25-08]-01
IN WITNESS WHEREOF,ihe above parties have causeOlhis Contract to be oxecuteC Dy
�heir appropnate oHicials as of Ihe Oate tirst 2bwe wri�ten.
POR CITV',
ATTEST: CITY OF MIAMI BEACH, FLORIDA
�� � ,
sr-- _ _ or ���zoc r �� �- -
Ralael�. Granado Qry Clerk Eim Carpante� rty Manager
caiA: MAY 1 2 2025
_ _ __
APPROVED AS`O
FORM 8 LANGUAGE
(soaq 8 fOR E%EWTION
y".-1 BF�^�. . ..
�_/ . �3�L11�1�tit4.- t✓��^�? '
�.............�y.,�
•7 i�`Gty Auomey Date
�i
�IMCOAI 041E6'�."`�j
�',�''qC'H���^�
r0fi CONI RgGTOR.
.�'
BUSLAMCO Y-PARTNERSINC.
6y: . � _/� . _ _.
C�— �
Nama: ._v..-.., `J..�a_•'"
Date�. _._9.�3?J_T��—. _. __...
jsaal/
ATfACHMENT A
CITY OF MIAMI BEACH TERMS & CONDITIONS
i
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(Ociober D,2022�
1. GENERALOISCWMERS.
a. TM1e soliciletion referenced herein is being fumishetl to Ihe BldEers Oy ihe City ot Miami Beac�([he'Clry")forihe BitlCera
enience. ¢ is me responsibiiiry of ine recipient �o assure 'itseit met �mroimanon containea nerein is axura�e ena
complete.TM1e Glty tloes not pmvitle any assursncas es to ihe accurzcy o(any inbrmation in ihis solicitetion.Any reliance
on ihese contenb,or on any permitled communica�ions with Ciry oRcials,shall�e at tM1e recipienfs own nsk.Bltltlers s�oultl
rely eadusrvaly on their own Investigations, in�aipre�etions, and analyses. Bitltlers are expecletl to exemine ine lertns,
mntllCions,specRmations,Celivery scM1etlulas,pmposetl pncing.and otM1er ell Insimclions petlaining lo Ue goods rela0ve to
IM1Is solicitatioa Failure to Eo so will ba at lM1e Bitltlefs nsk antl may reaWt In ihe Bitl Oeing non-responsive.AI�expensas
vetl witM1 the prepara�ion antl submission of biQ or any wuA pertortned in cannec�ion t�erewi�h, s�all be tFe sole
�reaponsibllity(antl shall Oe at t�e sole cost antl mcpense)M�he Bltltlers,end shall no�be reimbursetl�y��e Ci�y.
0. The solici�e�ion is beinB ProviEed by[he Cily wi�hou[any wamanty or rapresen�a�ion,express or implied,as�a iLa con�en�,
i[s accurdcy,or ib mmpletenass.No wartanN or represantation is matle by Ihe City or its agenLs tha�any BiJ confortning
lo Nese requireman�a will be selecteJ for wnsitle2tion, neqMiatian, or appmval. Any InOivltlual �Fat submi�s a Oitl in
rasponse to this solicitation agrees IM1at any action taken by Ihe Ciy In response[o bitls matle pursuent lo t�is sollci�e�ion,
or in making any aweM, or in failing or refusing�o make any awaN pursuant ro such biC, or In cancelling awaNs, or In
wilhErzwing or cancalling iM1ls wllcitation, either bafore or afler Issuance o(an aweN, shall be witM1out any liabiliry ar
oCligation on ihe patl of Ue City.
c. It is Ne responsiblllty W eecb 9i0Gers, Gebre submitting a BiE, to: eaamine ihe solicitation t�orougbly; visi[t�e site or
stmdure,as applicable,to bemme tamiliar with conEiCions t�e[may aRect cmLa,pmgress,peRortnance or�umisM1lnB o<<�e
WOM',take inW aaoun��etlerel,ste[e antl local(Ciry antl Mlemi-Oatle County)laws,regula[ions,permi�s,antl oMinences
ihat may atiect cosis, proB�s, perbrtnanca furnisMng of the WaM, rn aweM', sNtly and careNlly cortela[e Bldtlefs
obsarva�ions wi[h Ihe solicila[ion. The Bitltlers sM1all no[ity Ne Chlaf Pmcurement ORcer ot ell conflicis, ermrs, or
tliscrepancies in the solicitation M whic�Bitlders knmas or reasonably shaultl heve known.The su�mission ot a Bitl shall
conslilule an InwnhoveNble represen�a�ion by BitlJers[hal BltlGers M1as wmplied wi��the above requiremenls and IM1a�
without eKception,�M1e 9itl is premiseE upan pertorming entl fumis�ing�M1e Work re0ulre0 by[�e sollcitetion and t�at Ihe
solicitetion Oocumen5 are suffmient in smpe and detail to Intlicete antl mnvey untlars�endinq IN all terms antl contlifions
br performance antl(umishing of iM1e Work.
d. Any adion�aken by t�e Ciy In response lo blEs receivetl pursuant to Ihis sollcitatlon,or in making any awaN,or in(ailing
or refusing W maka any ewertl pursuant lo such biQ or In cencelling awartls,or in witM1tlrawing or cancelling this solicitaGan,
either Gebre or afler issuance of an awaM,shall be wiUout eny IiaCiliry or oblige�ion on tM1e paM of Ne Cily. In its sale
discrePion,t�e City may wifhdraw the sollcita�ion either before or afler receiving bids,may aaept or rejact bitls,and may
accept bitls wFiich Oeviate(mm IM1e wllci�etion,as it Ceems appmpriate end in 16 Gesl interest The Clry may poslpona lhe
tleatlllne for submitlel M bids antl may,bu�is no�repuired to,make a reasonable eHort to give at leas[iM1iee(3)calentlar
aeys eletl�anic notica o(any sucM1 Oostponement.
e. In 15 sole tliscre0on.iM1e ciry mey aetermine tne Qualifi�tlons ana a«eptaEllity ot any party or parties submMinB oio in
response lo thls sollcitetlon.
C BlCtlersaraherebyadvisetlMatthissolicita�ionissubjectfo�helollowingoNinenceslresolutions�asapplirable),whic�may
be (ountl on t�e City Ot Miami Beach Pmcurement DepaNnan� website at Mtos'IMww.miamibeac�fl.aov/CiN-
M1 IV 1/ 6 I tea- M' - tl- catluresl
R uinment CatloSMionorR�solu4on
Gone o!Silence 2386
Pm[est ProwCmes 2-3]1
�ebarmen[Proceeaings 2-081IM1mugM12<OB
Lobbyist Regis[ation anE DisGosure o�Fees 239]iM1mugM1 2<853
cempe�e�conmo�ro�seyve�ao� saa�
Campaign ConUibulions by Lobbyists 2L88
EqualBeneNsfo�Domas�icPertners 2-313
Living Wage Requiremen� 2A0]through 2<1p
False Claims ONinance 'l0300
Ncwp�a�e M GifG,Favors&Services 2-049
Pu¢�ase m cooas antl Semces Sourcetl In Resolution201fi-293]5
Mississip0i
Non-0Iscnmination(GoycoVs) 20163990
2 ACCEPTANCE OF GIFfS.FRVORS.SERVICES. Bldtlers shall nol oRer eny grefuilies,�avors,oranything o(monefary velue
toanyoRcial.employee,oragentot[�eClry.for0apurposeINirifluencingconsitleretionotlhisBid Pursuantto5ec.2169of
�M1e Gi�y Gotle,no�cer or employee of Ihe Gity shall accep[any giq fawr or senice Ihat migh�reasonably fentl improperly to
iniluence Mm In ihe tlisc�erge of M1is officia�Cuties.
3. ASSIGNMENT. Na conhac�shall be assigneq IrensferreQ mnvayeq su�let or aNereise tlispcaeq inclutling any or eli nght,
Page I oi) I Formal SdicMallons iemu anE ContllNam-Goods antl Services(Ocfobar D.f022)
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(October 27,2022)
tllle oFinteras�t�erein,or powerto execWe sucM1 mnirzd,to any person,company ormryore�ioq withm[I�e O�or writlem m�sent
o(�he Ciry.
4. CANCELLATION.In Ne event eny o(Ihe pmvisions ofiM1ia Bitl are violatatl by�ha Bitlders,ihe Ciry shell give wntten notice to
ihe Bldders statlng such deAciencias anq unless sucM1 tlefmiencias are correcteE wiN'm[en(10)calanCar tlays trom ihe tlate o(
ihe Cirys no�ice,Ne Clry,tM1mugM1 its Ciry Manager,may tleclare[he mntract in Cefault antl tarminate same,without iuMar nolice
repuiretl to t�e Bldders.NotwiNs�anJlnq iM1a preceding,fhe City,�M1mug�its Ciry Maneger, alw reserves[he ng�t�o lerminate
tM1e conirzd at eny Pime and br any�eason.wilhout cause antl/or convenience,antl withoN any manelary liabiliy lo the Ciry,
upon ihe Biving M ihirty(30)tlays pnor wntten nMice ro tM1e Bitltlars.
5. COMPLIIINCE WITH THE CITY'S LOBBYIST LAWS. TM1is solicitation Is subjecl to, ana ell Bitltlars are expectea to be or
become familierwith,all City lobbyis�laws.Bitlders shall be solely responsible fir ensunnB�hat all Gity IOEbyist laws are complietl
witF, antl sbell be subjecl to any antl all sanctions,as prescnbetl Iherein, incluEing,wilhout IimifePion,tlisQualRmation o�iheir
fQSP00525�10�hB BV2l1�O�SOCM1 00II-CDRIpIIdMR.
6. DEFAULL Feilure or retusel ot Me suttesstul Bitltlers b eeecute e conirzct kllowing epproval o(such mntact by iM1e Ciry
Commission, ar untimely withtlrawal 01 a bid response Oefore such awaM is matle anE approved may result in a cleim lor
dameges py roe Ciry,and may be grountls br removing Ihe BlJtlers(mm Ihe Ciry's ventlor liet.
]. OEMONS�RATION OF COMPETENCY Pursuan[lo Section 2-369 of ihe City Cotle_when Eetermining �he lowesl ana best
Bltltlers,in atltlition lo pnce,there shall be a consitleration ot Ne bllowing'(1J Ihe abiliry,cepeci�y antl sklll ol tM1e Bi�tlers lo
pedorm Me conlratl�,(2)wM1ather 1M1e Bitlaers can petlortn Ne conlrac�witM1in the lime specifled wiNout tlelay or In�erterence;
(3)ihe cM1aratler, integnty, repulation,jutlgmen( expenence antl eRicienry of Ihe Bitlders; (4)t�e quallty of pertormance ot
previous conVacfs�, anJ (5)�M1e previous antl exis�ing compllence�y Ihe Bitltlers with laws an0 ortlinences relatlng lo t�e
contract in tloing so,lhe Ciry may take any antl all actlons In deems necessary,IncluOing consitleration o(any IeBal,financiel,
opera�ional(facilities,slaRing an0 equipmen�)tactm tM1at may impact t�e Bitltlers a�lli�y to successfully pertorm IM1e contract,
an0 IM1e City may con�act any prior or current cl lenl,employee or agent o(roa Bldtlers.
e. TM1e Ciry reserves Ihe nght to request supplemenlal iMormation tmm Bltltleis at any time dunng tM1e solicitalian procese,
W�BSS O�hB1W19B f10ICC.
9. DISPOTES.In iM1e event N a conBiq beMreen[�e tlocumenb,Ne oMer of prionry of t�e dacumenis sM1all pe as follows'.
a. Any con�rzcl or aqreement resul[ing fmm ihe awaM af ihis solici(atioq ihen
0. AJtlendumissuetlfir�M1issolkitation,witM1lhelatestAtltlentlumWkingPrecedenca;�M1en
c. TFe solicilatioq tnan
Q TheBiader'sbitllnresponsetotM1esolicitation.
In rase o!eny tlaubt or ddiarence ot opinion as to�he items andlor gootls(az Ne rase mey Ee)b Ee lumishetl M1ereuntler,ihe
Cecision af tM1e City shall be final antl bin�ing on all partias.
9. ELIMINATION FROM CONSI�ERATION.T�is Eitl sM1all no�Ce awaMetl to any person ar frm wM10 Is in arrears to t�e City upon
any tleEt,ta es,or mntacls wM1ich are Cetaultetl as surey or atherxisa upon any obligalion to tbe Ciry.
10. EMERGENCY RESPONSE PRIORITV. II Is hereby maJe a pert of�his solicttation t�et bafore, Eunng, anJ aRer a public
emerBer�cy,tllsaster,�umrane,�ornado,ilooq or o�M1aratls otfome mejeure thatt�e Clty M Miami Beach,Floritla sM1ell recaive
a'Fl�s�Prionry'for eny goods antl services wvareE under any awaN resultinB from t�ls solicilation, 'mclutling belance of line
items as applicable. It Is vitel entl Impe2uve thet iM1e majonry ot citizens are o�o���atl Imm eny ema�genty siNafion iM1at
ihreatens Oublic healN and sefety, as tlelertninetl by t�e Ciy. By viRue oisubmitling a responseto Ihis solicitation,ventlor
agrees to pmvitle all awaM-reletetl goo0s anE senices W Ihe Clry on a"first pnoriry' un0er ihe eme�gency conEilions noteJ
abwe.
H. ESTIMIITED OOANTITIES Estime[etl quantities ores[ime�eE EollaS, i!p�wiEaq ere for Clty B��tlanw onty.No gua2n�ee is
a<pressetl or implietl as�o Ouantities or tlolla5�hat will be usetl tlunng the conhac[Oenod TM1e Ciry is no[obligetetl to place any
oNer(or a given amount subsepuent ro[�e awaN of[�is Bia.Esllma�es are based upon Ihe Ciys acWel neetle antllor usage
dunng a previous mnUact penod.The Ciry may usesaiE s tlmates for purposes INtletertnining wFe[her Ihe luw Bltltlers meets
specifw[ions.
12. ENVIRONMENTAL REGULATIONS.TM1e City resenes IM1e ngM1�lo consiGe�a 9itltlers M1is�ory o(cila[ions enNor violatlons of
envimnmental regulallons In investlgaPmg a BlEtlefs responsibiliry, antl further resarvas Ihe ngh[to Jeclare a Bitlders not
responsible it f�e history of vialations warran�s such tleterminaPion in the opinion M tM1e CIy.Bitldershall submR with ita pmposal,
a complete history of a0 cilations antllor violalions, notices, antl disposi[ions Ihareo( T�e non5ubmission M any such
tlocumen�atlon shall be deemetl to Ee an affrtnetion Oy Ihe Bitltlers the[there are no utations ar violefions.9itltlers shell notify
[�e Ci(y Immedlately o(notice of any citation or violation wM1kM1 Bldtlers may receive afler�Fe pmposal opening Ja�e antl tlunng
ma Pime ol pedormence of any mnirect awaNea to it .
13. EXCEPTIONS TO SOLILITIITION. Bitlders must cleatly intl'mate any axcepCions Ney wish to teke�o any af ihe[erms'm IM1e
solicitation, antl outline wM1at If any,altemeMe is being oRered. All eviceplions and altematives shall be Indudetl anJ cleary
Page 2 of] � formal SOIICItaHom Term�ontl CondiXom-Gootl�anE Senlcee(October]7,ZOY1J
�
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(October D. 2022�
delineate0,in wn[ing,'m the bltl submitlel. TM1e Ciry,at Ib sole antl ebwlute Oiscretion,may accep[or rejed any or all excepfions
entl altematives. In cases in wM1ich eacepllons and a�ternatives are rejecteq Ue Ciry shall require the Bitlaers W comply with Ihe
perlicular tertn antllar mntli[ion oi�M1e solicitefion to whic�Bitltlers took exception[o(as saitl term antllor mndition was originalry
sa�forlM1'm�he solicitalion and any exhlEi�s or Ptldenda�he�eto).
14. FLORI�APIIBLICRELORDSLAW.BitlEersare�erebynotifietlthatallbltls'mclutling,wi[�outllmi�a�ion,enyanEallin(ormaflon
antl Jocumenta[ion suGmiVeC iharewi�M1,ere ecemp[from public remMs requiremenis under Saction H9.01(1),FlonCa Stamtes,
antl s.2a(a),Atl. t oRM1e Sta[e ConstRulion unPil such tlme az ihe CiN G��itles notice ol an intenGetl tlecision or until ihiM(30�
aeys after opening of Ihe bltls, wfiichever Is eadier. Atltlitionally, Bitltlers aB�s to ba'm full compliance wiN Flontle SteNte
1190]0linclutling,bu[notlimitetlb,agreamant�o(e) KeepandmaintalnpublicrecoNslhalortlinanlyandnecessarilywoultl
ba requireJ by[he public agency in oNer to partortn t�e gootls',(b)pmvitle Iha pu�lic with accass lo public remNs on 0e same
tarms entl contlitions t�at t�e public aganq woultl pmvitle I�e remNs antl et a wst t�at tloes no[azweG t�e mst provitletl In
ihis chapler or as o�M1aiwise pmvieed by law, (c)Ensure ihat public recoNs IM1aI ere aremp[or conftlanPial and aeempt fmm
puClic recortls Olwlosure requiremenis are not tlisclosatl except as auNonzetl by lew; (tl) Meet all requiremenis br relaining
public remMs anE hansfer,at no mst�o ihe public ager¢y all puElic recoMs In pmsession of�M1e Bidders upon�aiminaCion of
ihe contrec�antl tlesiroy any duplicate puClic recoMs[M1at are exemp�or conftlential an0 exemp�fmm public recoMs tliulogure
requiremenb. All rewrtls stored electronically mus�be pmvidea to the publlc agency In a formal ihat Is competible with tM1e
inbrtnation technology sys[ems oit�e public agency.
15. JOINT VENTURES I SINGLE PURPOSE ENTITY. Joint VenWres ere no[allowetl. bitl shall �e submitlatl only by the prime
contactoc Bitltlers may, M1owever, identity sub-contrzdors or submnsWtanls to ihe pnme Bitltlers wM10 may sarve as team
memoers.
tfi. FORCEMAJEURE.
a. A'Fo¢e Maleure° avent is en event t�at(i) 'm (act causes a Calay In t�e pedoimence af t�e Conirzctor or iM1e Clry's
obligetions untler[�e Agreemen(antl(ii�is beyond ihe reasonable can[rol of suc�paity uneble ro pertoim[�e obligetion,
antl(iii)is not aue co an Intentional ad,eimr,omission, or negllgence N sucn party,anE(Iv)coula not nave reasonably
been(oreseen and preparetl for Cy sucb party et aM�ime prior lo iM1e occurtence of Ihe evant Subjec[to ihe bregoing
cnlena, Foma Majaure mey IncluOe evenLs such as weq civil insu�rectlon, no[ f�es, epitlemics, pentlemits, �ertonsm,
saboteqe,explosions,embaqo restnctions,Quarzntine rea�nqions,tanspotlation accitlenis,sinkes,simng humrsnes or
[omaEoes,earthquakes, or other acts M GOE w�ich preven�performence. Force Majewe s�all not incWEe technolagiral
Impossibllity,inclement weather,ar(ailure�o secure any IN ihe requiretl permits pursuant to�ha Agreement.
b. Ii[�e Ciry or Contreclor's padormance o(ils mnbacNal obl Igations is preventetl or delayed by an avent believed by lo Ce
Fo¢e Maleure,such party shell ImmeEiately,upon leaming of ihe occurrence o(t�e event or of Ne mmmencemen[of any
such tlelay,�ut In any case witnin nneen(15)business tlays Inerea[provitle nolice�(i)otme occurtence ol event ot Fome
Majeure, (li)of�Fa neWre N ihe event and Ne causa�M1ereM,(lii)ot Ihe an�icipatetl impad on Ne Agreemenl,(iv)ol Ihe
anticipaMd penotl of Ihe tlelay,antl(v)N what course of acllon suc�perty plans to take In oNer[o mifigate Ihe tlevimental
eftecLa ot t�e avent The Ymely tlelivery of IFe nolice of the omu�rence of a Force Majeure event is a contli�ion precedent
lo allv.vance of any relief pursuant lo iM1is sactioq M1oweveq receipt ol sucM1 notice s�all not consliNle a¢eplance iM1a1 tM1e
event cleimaJ to�e a Fome Majeure event is'm�act Force Majeure,antl tM1e burtlen of proot of IM1e occurtance ot a Forca
Maleure evanf shall�eon Ihe reQuesting party.
n TM1e Ciry may,�M1mugF Ils CRy manager, In i�s sole an0 a�solute aiure�ion, make amenamenl or equi�able ad)uslmen�In
I�8 LOO�2L1lElRIS hcld C011dIC10115 BOd/O(pOLIOB�O d�fB9S VBIY I�IT1�8d Yfl/012SE811 CIICIIRIS�d0IX3�0@I�Q O��hB SOttB53}J�
BiOtle/5 conVol rale0nq to ceRain supply c0ain issues antl ex[reme maMal voletility.TM1e Qry may,f�rougM1 its Ciry Manager,
but s�all have no obligatlon lo consider orot�erwise approva an eEjusMent,whera pricing arevailability of supPly is aRecteE
by eitireme or unforesean volaPility in[�e maticetplace sa�islying,at a minimum,all of the following cn�ena. 1)the volallllty
is due to wusas wholly beyontl 0e succceshl Bitltlals conirol�,2)[he volaliliry aRecis tM1e entire marketplece or intlus[ry,
not Iusl IM1e Oahiculer su¢essNl 9iEdefs source o�supply; 3)�he eifetl on pricing or availa0ill�y ot supPly Is subs�antlal;
and d)Ne volalility so aReds the successlul Bitlders ihat continuetl pedortnance otthe Gontact wnultl resWfin an excessive
or unreasonable substenlial loss orfnancial haNshlp to iM1e Bitltlers,such as,torexemple,an event Impliratinq insolvenry
or bankmp[cy.Any atljuslment woultl require irtefutable eviEenca end writlen appmval by tM1e C�lef Pmcuremen[Offcer.
For ihe avoitlance of tlou�t,0is sec[ion tloes nol in any way alter or affect t�e allocatlon M risk between��e Glty anJ t�e
BiEEers pu5uan�to t�e Coniracl, or Biatle(s assump�ion of all nsks rela[ing�o i6 peRo�mance in accortlence wi[h ihe
Coniracttertns.
4. NopartyheretoshallbeliableforitsfeiWrefocartyoutitso�ligetlonsuntlert�eAgreamenttlunngapenotlwM1ensucM1party
Is rantleretl unable, in w�ole or in paK, by Pora Majeure lo carty ou[such o�liBalians. Tha suspension of any of roe
obligations untler�his Pgreemenf tlue to a Fo¢e Majeure even[shall be o�no greater scope antl no longer duralion Ihan ig
required TFe peM1y s�all use i6 reasonaCle bas�e(fotls to continue b pedo�m its obligations M1ereunder to the exten[suc�
abligations are not eRectetl or are only patlially aRacletl by iM1e Force Majeure event,antl lo coired or cure tbe event or
con0ition evcusing performance antl othatwise to rematly its ina�iliry to pertorm to�ha extenl IL5 Inabili�y lo pertortn Is ihe
tlirect resul[of[he Force Maleure even�wR�all reasonable tlispa�cM1.
Poge 3 0l J I Formal SollcMalbn�lerms ond ContlXloro-Gootls antl Senices(October R],POR])
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(October 27,2022)
e. Oblige0ons pursuant�o ihe Pgreemen�Ihal erose�efore Ihe accurtence o(a Porw Majeure even4 wusing the suspension
of pertormance,s�all no[be excused as a reaWt of such mcurrence unless such occurrence makea auch perbrtnanca not
�easone�ly possible. TM1e o�liqation to pay money In a timely manner br obliga�ions end IiaEllifiee which maWretl pnor lo
lhe occurrenca M a Fo¢e Maleura eveM shall nat be suqec[to lhe Foma Mejeure proviaions.
( Notwit�stantling any other provision to tM1e contrary hereiq In iM1e event of a Porce Maleura occurtence,[ha Gity may,at the
sole aiscretion a(Ihe Ci�y ManaBeq suspentl IM1e Ciry's paymen�o0liga[ions untler Ihe Agreement,and mey take such action
wit�oul regaN to ihe na�ice reQuiremenb herein. Atlai[ionally,In�Fe eventiM1at an event oi Force Majeure Oelays a perty's
perbrmance untler the AgreemerR for e time perioE greater[�an Nirry(30)tlays,Ne Glty may,at ihe sole discrelion o(t�e
City Managaq terminete t�e Agrremant on a given tla�e, by giving writlen nolire to Conbactor of such tertnination. If t�e
Agreement is teimine�etl pursuant to 0is seclion,Contmcbr sM1ell be paid�or eny Services sa�is/ectonly peNormetl up to
the tlate of lerminatlon;following whicM1 Ine City snall Ce tlischayetl fmm any ane ell liabilities,tluties,anE lerms ansing out
of,orbyvirtueof,ihisNgreement Innoeven�willanymntlitionofForceMajaureeoRenEthisAgreamenibeyontli6steted
term.
iZ INDEMNIFICRTION. TM1e bitlJer sM1ail inEemniry antl �oitl harmlass t�e Ciry antl its aRcers, amployees, agents an0
InaWmentalities fmm any antl all IlaElllty,lossas or damages,inclutlinB atlomey's(aes and costs ot defense,wM1lch tM1e Ciry or
Ib oRicers, emplayees, agents or instmmentelities may incur as e resull o(cleims, demantls, suits, causes of ections or
pmceedings of a�ry klntl or neNre ansing ou�o!,releting to or resulting from t�e performence o(�M1e egreement by the�itlder a
It5 employees,agen�s.servenLs,partners,principals orsubcon�reciors. The ClOtlers�all pay all cleims antl losses In wnnMion
therewi�F, entl s�all investiga�e entl defend all claims, suils or aciions of any klntl or neture 'm Na name ot lhe Clty,xTere
applicable, inclutlinq appellate pmceedings, anE s�all pey all cosb, lutlgmen6, antl atlomey's fces wliicM1 may ba incurteC
tM1ereort T�e bitlJer expressly untleretantls and agrees iM1et any insurance protection requiretl by arry agreemeM wi�M1�M1e City
or o�Famise provitleE by[he�itlder s�all In no wey limi[[he responsi0iliry[o intlemnity,krep antl save haimless an�Oefentl�ha
Ciry or its officers,emplayees,agen�s end instmmentelRies as herein prwitled.The aCove intlemnRma�ion provisions shall survive
Ine expiralion or lertnina[ion o(ihis Agreement.
18. INSPECTION ACCEPTRNCE 8 TITLE.Inspeclion antl acceptanm will be et Oestinalion,unless a0er�iae pmvi0ed Tltle�o
(or nsk IN loss or tlamege fo)all Items shell be the responsibiliry ot the surcessNl Bitltlers until a¢eptance by ihe Ciry unless
loss ortlamage resultstrom ihe gmss neqligence orwilHul miscontluct of tM1e Ciry.
It any equipmen[or supplies supPlietl to Ilie Ciry ere founC b be tlafective, or Co not conform b tha specifications,iM1e Ciry
reserres Ihe nght�o cencel Me oNar upon writlen notica�o ihe seller,antl reWm t�e pmtlucl,at the Bitltlefs ex0ense.
19. INSPECTOR GENER/L AUOIT RIGHTB.
a. Pursuan�W Section 2-256 ot t�e Cotle of�M1e Giy ot Miami BeacM1, iha Ciry has establlshetl t�e Olfce N Ihe Inspector
General wFiic� may, on a rentlom basis, patlortn reviews, autli�s, Insptt[ions ana InvesEga�ions on all Ciry con[rzcts,
IM1mug�out the tluraCion oi saitl mntrzck. This rantlom audit is separah antl dls[inct fmm eny o[her autli�peRortnetl by or
on banalf ot me Ciry.
b. TM1e Oifice o(�he Inspactor Generel is aut�onzetl�o investigate Ciry aReirs and empowere0 to raviaw past, present,and
proposed Ciry progrems,eccounls,recortls,cont2cL5,anJ transaQions.In etldition,lhe Inspector General hes tlte power
to subpoena witnessas. edminister oa[hs, require t�e pmJuction o(witnesses antl monitor Ciry pmlects ena progrems.
Monitoring of an exis�ing Cily projecl or progrem may inclutle e repo�conceming whe�her�Fe project is on�ime,wit�ln
butlget anJ in conformance wit�the mnbact tlocumenb antl aOPlioble law.The Inspador Gene21 s�all�ave ihe powar
�o autlit, InvestiBate, monitoq mersee, Inspect and review operations, aNviPies, pertormance and pmcurement process
InclutlinB but not Ilmitetl to prolK�tlasign, bid specifcstions, (bidlpmpoeal) submittals, activilies of lM1e Con�2tlor, its
offmers,agenb an0 employees,labbyis�s,Gtty staR antl elecietl oRmials to ensure mmpliance wit�t�e Contrec[Oocumants
antl�o tletecf frauE antl corrup�ion. Purmuen[[o Section 2-31B ot�he Cly Cotle,�he City is allocating a percen[age of Ils
oveall annual conVact expen0ltures�o Nntl f�e activlties anC ope20ons of�M1e�ce of Inspec[or Generel.
c. llpon len (10) tleys wntlen no4ce ro iha Conlractor, the Contractor s�all make all requestetl recoNs an0 tlocumen�s
evailable lo�he Inspector Ganeral(or inspactian antl copying.Tha Inspeclor Genarel is empoweretl lo retain the servicw
af in0epentlen� pnva[e sedor autli�ors [o audlt Investlqate, monitor, oversee. Inspect an0 review ope2lions aclivities,
peRortnance antl pmcuremen� pmcess 'mdutling but no� limitetl ro project tlesign, bid specRicetions, (bltllproposal)
su�mitlals,adivities IN Ue Contrectoq iLa oRicers,agenfa an0 employees,IOGOyisb.City staR antl elactetl offcials to ansure
compllence wiN ihe wnhact Jocuments entl to detecl(rzutl end cortuptian.
�. The Inspec�n/Gene21 s�all M1ave��e�ight�o inspec[antl copy all Jocumenls antl recoNs'm t�e ConVaclors possession.
custatly or mnirol xTic�in the Inspector Gene21's sole jutlgmen�,pertain to pertormence at Ne conhect,izWCing,but nol
Ilmitetl to onginal estimate filas, cM1enge aNer es[imate files, woAs�eeb, proposals antl agraemenis �mm anE wilh
successful subconlydclors antl suppliers,all prol�'�leted mrrespontlenre,memoren0a,Instmchons,financial Jmumenls,
consimNon tlocumenis,(bitllpmposap arM contrzd tlocumen�s,backchange Documants,all Eocuments antl recoMs wM1ic�
Imolve cash betle or mlume ElscounLs,Insurznce proceeGs,rebates,or divitlentls received,paymll entl personnel recoNs
antl supporting tlocumentation for tM1a atoresaitl tlwuments antl rewNs.
Page 4 oi] I formal SOIIctlaHons Terms antl Conditiom-Goatls antl Servkn(Oc�obr 2],]0PP)
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS 8. SERVICES
(Ocfober D. 2022)
e. TheCantrdctarshallmakeavailabka[itsoffceatallreasonable�imesiherecoNa,me�anals,antlWM1erevidenceregaNing
ihe acpuisition(bitl preparationJ antl perfortnance of Ihis contract,br examinaPion, autlit or reproauc[ion, unHl three(3)
years after fnal paymaM untler iM1is conhac[or for eny longer period raquired by staWte or by other clauses oi�M1ls wnbac�.
In atltlition:
i. H rois conhact is mmpletely or partlelly Iertninate4 iM1e Gon[rector sM1all make available recoNs rela[ing to Ihe wnrk
�amiinatetl until�M1ree(3)years aM1er any reeultlng Mel�e�mination setllemeM;anE
u. TbeCon�rectoraM1allmakeavailablarecortlsrelalingtoappealsortolitigationort�eSaXlementofclaimsansingurNer
or releting to ihis conirecl until sucb appeals,Iltlgation,or cleims ere finelty resalvetl.
t. The pmvisions in tM1is section sM1all apply to[�e Contrectoq its oflmers,aBenis,employees,subcon[rzcrors,anC supplien.
TFe Conirodor sba11 Incoryo2te I�e pmvisions In tM1is section in all subcont2ds anE all otM1er egreements executetl by�M1e
Contatlor In connection with t�a paRormence M ihis mntatl.
g. Nothlnq In this section sM1all impeir any indepentlent riqht to the City ro contluct autli5 or investigative activitles. The
provisions of tM1is seclion ere neitM1er intentletl nor shell tM1ey be consWetl to impose any liabillry on t�e Ciry by Ne Conbador
Of�Illld pBf�1B6.
20. UWS.PERMITSANOREGOLATIONS.TheBidtlersshellobtainaMOaybralllicensas,peimib,antlinspection(emrequiretl
lo complete�he woA anJ sM1all comply wiM all applicable lews.
21. LIABILfTY. INSORANCE. LICENSES ANO PERMITS.Where Bitltlers a�e requiretl�o enler or go on to City N Miami 9eazh
pmperty to tleliver materiels or pertorm work or sarvices as a resNt of ihe BiQ tM1e Bitltlers will assume[�e full dury,oCligaGon
an�expense otobGining all necessary licenses,{rermits,antl Insurence,antl essure all work wmplies wl[�all Appllcable Laws.
The Blatlers shall ba Ilable�or any tlamages or loss�o IM1e Ciry occasionetl Oy negligence ot t�e Bltltlers, or hisl�er�cers,
employees,conVactors,antllo�aBen�s,fortaiWre[o compty wi�h AOMicable Laws.
22. IMNNER OF PERFORMANLE.Bitltlers egraes�o pertorm iLs tlu[ies an�obligetions in a pmfessional manne�an0 in accoMance
witM1 all applirable Locel,Stete,County,antl Fatleral laws,mles,reguletions,antl cotles.Lack of knowledBe or IB�o2nce Ey ihe
Bltltlers witNo�apPlicable laws will In no way be a cause(or relle(from responsibiliry.91tlJers agrees[he[ihe vrork and gooEs
pmviEetl shall be provitletl by employees Na[ are eEucated, iraineq expenenceq cetlifieQ antl licensetl In all erees
encompauetl wit�in iM1eV designateC Euties. BidOers agrees ta Nmish to��e Ciry any antl all tlxuman�e�ion, certifinetion,
aut�onzatim,license,Oermit,or regisireGon curzerRly requiretl by appliceble laxs,mles,and repulations. Bitltlers(utlhercertRies
�he�il antl i�s employees will keep all licenses,pa�mib,regisha�iong,aut�onzations,or ratlifcePions requiretl by eOPlicaLle laxs
or regula�ions in NII fa¢e antl ef(ect tluring[�e tertn of this contrzcL Failure o(Bitltlers�o mmply with�hls peragraph shell
[onstiNle a matenal oreacn ol ihis cont2cl.
23. MOOIFIGITIOWPIITNORNWNLS OF BIOS.A 9iatlers mey submit a motlifietl bitl to replace all or any portion of a previously
submittetl Bitl up until�M1e Bitl tlue dale anE lime. MOEiflcations receivetl afler�Fe bitl tlue tlale antl time will not be consideretl.
bIJ shell be irrevocaEle wtil conbac�awak unless wi�FC2wn In vmiiing prior�o[�e bl� Jua tla�e, or etter expiretion M 180
celentlertlaysimmlbeopeningofbitlwi�M1outacon�rapaward LattersoiwitM1tlrewalreceivetlefieriM1eBitltluetlateanebefore
saiJ mcpireGon tla[e,antl lettera o�wi�M1tlrewal receivetl aflercontac[aweM will no[be consiJeretl.
2A. MOLTIPLE AWARO.Tha CAy may awartl hvo or more ventlors(primary,secontlary,tetliery,or hig�er�, es availeble, by line
ifem,by gmup or In its en�irefy,beginning with Ivu¢st,responsive,responsible Bitltlers(primary),rollowetl by fFe secone lowest,
responsive, responsi�le Bi�ders(secontlary), entl mntlnuing with other responsive, res0onsible 9i4Eers in orEer of next baat
wst The Ciry will enEeavor to uelize venaors in oMer M aweN. Harreveq iM1e Clry may utilize ot�er ventlors in Ne evenl that
1)a cont2d verMor is not ar is unaCle to Oe in mmplier¢e witM1 any cont2d or Oelivery requirement;2)it is in ine best Intares�
a(the Ciry ta tlo so reBaNless IN reason.
25. NON�CONFORMANLE TO CONTMCT LOND?IONS. Items may Ge tested br compliance with specifirations. Items
tlelivereC,nat confortninq lo specficafions,may Ge rejeclea,an�reWmetl al[�e 9itltlefs eepense. T�ese Items,as well as items
not tleliveretl as per tlelivery tlete in �itl entllar pumhese oNer, may be pumhesetl by the Ciry, a[Ils discrelion, on[he open
meAet Any Increase In cos�may be cM1ayatl against tM1e 9itltlars. Any violaPion of�Feae stipula�ions mey also resW[in Ihe
Bitltlels name being removetl tmm Ihe Ciry's ventlor lisl.
26. NON-OISCRIMINATION.The Bidders certifies anG affiims[�at i[is in compliance with antl will be bounC by t�e Sedlon 202,
Exacu�ive ONar 11266,as amentletl by Executive OMer 11315,relative to equal employmant oppotlunity(w all pereons wiUiout
regaN to race.mlor,religioq sex or nalional ongin.
2]. NON-EXCLUSIVRY.To ihe artent applicabla,if Is ihe Intent of t�e City ro purc�ase the gootls or services speciflcally listetl in
0e sollcitation. Howeveq Me Ciry reserves t�e nght W purc�aze any goods or services awaNetl tmm any o�M1er govemmen�al
or cooperzlive mnVact,or on ihe open madet.
28. OCCIIPATIONAL NEALTH ANO SAFETY. The Bidders wertenis to the Clty the[any work, goatls, supplies, materials or
equipmenl supplied pursuent to ihis bitl shell mrRorm In ell respects lo tM1e standertls se[foRh in ihe Occupelional Safery antl
Page 5 of] I Formol SoIlcMatlons iermf antl ConElXon�-Gootls antl Senlcn(Oc�ober D,](If3)
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS 8. SERVICES
(October 2L 2022)
Healt�Pcl ot 1910,as amentle4 anJ Ne failwe to mmply with[his contlltion will Ee EeemaE Ereech ot mnt2ct Any fnea levied
beceuse of inadequacies to comply wi�M1 tMs contlition snall be Coma aoley Ey[he Bitlders.
29. OBSERVANCE OF lAWS.Bitltlers are expectetl ro be tamiliar wiN,an0 compry wit�,all Fetleral,S�e�e.Counry,anE Ciry laws,
oNinances,cotlas,rules enJ reBulations,antl all orEers end decrees o(botlies or inbunals having junstlictlon or autM1ority wM1ICM1,
in any manneq may eRect the scope o(gootls anNor projec[contemplateE Cy tM1is sdicitation(inclutling,wi�hou[limifation,the
Amencans with Disablli�ies Act, Title VII oi[he Civil Righ�s Acp the EEOC Uniform Guiaelines, anE a0 EEO reguletions anE
guitlellnes).Ignorence of Ne law(s)on tM1e petl M Me Bitlders will In no wey relieve it fmm responsi011ity br compliance.
30. OPTIONAL CONTNACT OSAGE.When�he sucrossful Bldtlers agrees,other uni�s N govemmmt or non-profit egencies may
patlicipate in pumheaes pursuan[lo t�e awaN of�his mn�rac[et tM1e optian o(�he unit W gwemment or non-profi�agency.
31. OSHA.The BitlCem warrents to ihe City ihat any woB,sarvims,supplies,matenals or eQuipment supplietl pursuanl[o lM1is Bld
shall conPorm in all respacls to t�a stsntlartls set fotlh in iM1e Occupetionel Safery antl Neal�h Act of 1910,as amentletl,antl[�e
failure N comply wi0�Fis mnJiOon will be deamed breacM1 of mnlract Any Mes levietl�ecause N inadequacies ta mmply with
iM1is con0itlon shall be bome solely by tM1e Biaaers.
32 OTNER TERMS AND CONUITIONS. Any order pursuant b iM1e wnirect iM1at includas tertne enJ conditions oNer than Uose
ex0�uly appmvetl In Ihis solicitation or con[rzct shall Ee null antl voitl entl rejectetl by iM1e City.
33. PAYMENT.Payment will be made by tM1e City afler the goatls M1ave baen received,inspMad,antl fountl[o wmply witF conbscl
specifcatlons,Iree at damage or tlefecl,antl ere pmperly Inwicetl.
30. PATENTS 6 ROYALTIES. Bitltlar s�all 'mCemniy antl save M1ertnless Ne Ciry of Miami Beech, Flontla, antl its �ceB,
employees,conVac[ors,and/or agenb,fmm liability ot any na[ure or kinQ Inclutling cost antl expensas(or,or on account of,any
mpynghteq paten[eE,or unpatentetl inven�ion, pmcess, or article manufacturetl or used in t�e pertormence N t�e mn[ract,
'mduCing its use by t�e City ol Miemi Beac�, Flontla. I(�Fa Bitltlers uses any tlesigq tlevice or matenals mveretl Ly letlers,
petent,orwpyright i�Is muluelly untlerstootl anG aBreeE,withoW exce0��oq t�al t�e Bitl prices shell IncluEe all myalties or cost
ansing from Ne me o(sucM1 dasign,tlevice,or materials in any wey imolved In Ne wotic.
35. PRICES OOOTED.Prices qua�etl sM1all remain frm and fxetl tluring�M1e tluretlon of ihe con�racL In comple[ing the bIE�ortn.
slale OMM1 unit pnca antl axtentletl to�al,w�en reques�eE. Prices mus[Oe s�aletl In units of quen�ity specifetl in IM1e bitltling
spaclfiw[ions. In case of tllurepancy in computinB�he amount of[Ire biq the UNIT PRICE quotetl will govem. All prices must
he RO.B.Oestlnatian,freigM1t prepaitl(unlass ot�eiwise statetl in Speciel Con�itions).The Bitltlars may oRercash tlismunla for
pmmpt paymenls',howevar,suc�tliscounis will nat be wnsitlaretl In tletertnininB�he lowes�pnce Junng Cld evalua�ion. 9ltlders
ere requeste0lo pmvitle pmmp[payment lertns in the spa�prwitlatl on iM1e BIE submittal signelure paBe m Ihe sollcitation.
AwaN.i(metle,will be in accoNan[e witM1 terms antl conditions s�atetl hareia EacM1 Item musl be bitl separately,end no aMmpt
Is�o be metle to Be any ilem or i�ems In wi�h any oMer item or items. Cas�orpuan[iry�iscounb aReretl will no[be a mnsitlaratlon
In de�eimina�ion of awertl of biJ(s�.
36. PROTESTS.Mypmtes�mrwerning�M1esO��i�tionsoraxallo(iM1issolicite[ionshallbeinaccaNancewithCiryCotleSaction
2-3]1.Pmtests not su�mitte0 in a timely mannar pursuent to Ihe repuirements of City Code Seclion 23]t shell oe bartetl.
3]. POBLICENTITYCRIME.Apersonorelfliatew�oM1asbeenplecetlont�econvipativentlorllstfollowinga[onvictionforpuGlic
entity cnmes may nat submit a bltl on a con[act to provitle any gootls to e publlc entiry,may not submit a bitl an a mnbacl wit�
e public enOry for Ne constmdion or repeir M a pu0lic Culltling or publlc wak,may nol submit e bitl on leases of real pmperty b
pudic entily,may nat be awaMatl or peRorm woA as a con�rac�or,Buppliar,subtonl2cWr,or consul�ant unEe�a coM�acl wi�b
a pueiic entity,ane may not hansact business wim any pubfic emiry in excess m tne tnresno�a emount proviaeE in sec.ze].of],
(or Category Two,for a penotl oB5 mon�M1s fmm tM1e da[e ot being placetl on roe comidetl ventlor list.
38. RELATIONBNIP TO TXE CITY. p is�M1e In�en�of t�e Clry,an� Bitltlers M1ereOy acknowletlge entl agree, tM1at��e successtul
9i00ers ig consitlaretl�o be en Intlepentlenl conlraclor,entl fhel nei�M1er�he BlEtlars,nor IFe 9itltlers employees,agants,and/or
wnhactors,shell,under any circumstances,be mnsitlered employees or aganis of t�e Ciry.
39. BPECII�L CONUITIONS.Any an0 all SO�ial Contlltions f�al may vary imm�Fesa General Te�ms antl ContliHons shall have
ore�aa��a.
A0. TAXES.The Ciry ot Miami BeacM1 Is exemp[fmm all Fetleral Eacise entl Stele taxes.
41. TERMINATION FOR DEFAOLT.If t�e successful BlJtlers shall fail to(uttill in e Cimey manner,or ot�eiwise viola[a,any W IM1e
covenan�s,agreemenb,or stipuletions matenal W the Bitl antllor iM1e conhact en[eretl into with ihe Ciry pursuant�haretq tne Clry
s�all ihereupon have ihe rig�t to lermina�e ihe work antl/or senices ihen remaining to be pertarmetl by giving wntten notice ta
iM1e BIJEers of sucM1 te�minaPioq whicM1 sM1all�ecome eRactive upon receipt by[he Bldtlars of ihe wntten tertnination notice.
In tnat evenl,ihe Ciry shell compensate ine success(ul Bltltlers in a¢oNance wi1M1 Ine term of t�e cont2d�or all wnrk andlor
services sa[isfaclonly pertormetl by iha Bltlders prior to�aiminaCion, net M any cosb Incurrea by ihe City as a consequence W
Paga 6 of] I Formal SOIICHaXom Terme antl ContllXom-Gootls antl Senken(Ocbber]].]0PP)
0
FORMAL SOLICITATIONS
TERMS AND CONDITIONS - GOODS & SERVICES
(October D, 2022J
tM1e tlefaNt.
Notwi�M1s�entling Uia ebove,Rie successful 9id0ers s�all nol be relievatl of Ilability[o[�e Ciry(or tlamages susteinetl by t�e Ciry
by virtue of any breach at ihe wntract by IM1e BitlJars,entl ihe Ciry may reasonably withFoltl paymenis ro the sucrossful 91Jtlars
for[�e puPoses of se[oR until such time as iha exac�amount IN tlamaBes due ihe Ciry(mm tM1e successful Bitltlers is tle�armina0.
The Gtty mey,e[its discre[ion,provitle reasonable"wre period�or any contrzdual violaflon p^m to tertnina[ion of ihe conVacl',
snoule iFe succesalul Bitltlers fail ta�ake ine rorredive action specifetl 'm tne Ciry's notica ot Ja(eNt within Ihe alloLLetl cure
penoq tM1en 0e Ciry may pmceed lo tertninate the contract(or rause in accoNance wilh t�is subsaclim 15].
42 TERMINATION FOR CONVENIENCE OF CITY.The City may,for Ils convenience, �ertnina�e Ibe work entllo�services Ihen
ramaining to be pertormetl,at any time,by giving written notice to iM1e successtul BidEers o(such tarminetlon,which shall become
eilecOve tM1lrty(30)tleys following receip[Cy Bidtlers o(such noPica. In thet event,all fnis�atl or unflnished Jocumenis antl othar
metenals shel I be properq tlel'neretl lo t�e City. I(tM1e conhsct is terminatetl Ey ihe Clty as pmviaetl In iM1is subsxtion,iM1e City
sM1all compansate�he suaesstul Bidtlers in acwrtlanca wi�M1 t�e terms ol[he cont2d�or all anJ witM1out cause antl/or any
resultlng Ilability to[he Gity,woA anabr services acWally perfomiatl by tM1e successful Bitltlers,antl sM1all elso compensa�e ihe
BiEtlers(or ib reasonable tllrectcosts in assemGling anE Eelivenng to Glty all documents. No mmpensation s�ell be due to t�e
su¢essNl BiEtlers/or any pmfb��at Iha successful Bitltlers expMeE b eam on tM1e belarce0 of[�e mnirzd. Such peymen5
shall be�ha Wlal ea�ent M ihe City's liabiliry to Ne success�ul Bltltlers upon a termina0on as pmvitletl lor in t�ls subsection.
43. TIE BI0.4.In accoNance witM1 Flontla SteWas Section 281.081,regaMing IEenPmal Pie blJs,preference will pa glven to Bitltlers
certifying t�at[�ey�ave implementetl a Crug M1ae anrkplace prag2m. A cetliflw�ion tortn will Ce repuiretl. In ihe event N a
con�inuetl tie Eetween lwa or more Bitltlers aflar consitlaretion of Ihe dmg free workplece pmgrem,�he Cltys Lowl Preference
entl Vete2n Preference aNinances will tliqa�e�ha manner by wM1i[�a�ie is�o be ragolveJ.In�he event IN a con�inuaC tle efler
IM1e Loral entl Veteren Preterence aNinances have baen applietl or[he tia eaisb EeNreen Bltltlers ihet are nof Local or Veteraq
��e Oreaking al t�e tie shall be a� Ihe Cily Menage(s tliscretion, which will make e recommen0a[ion br awaN to IM1e Clty
CORIIIIISSIIXI.
44. VENUE.Any legal challenges ro t�is Solicitatlon shell be brought in Mlami-Datle County,Flontle,and P legal action is necassary,
exclusive venue for Ne enlorcement of same shell lie in Miaml-Oade Counry,Flontla Tbe 9iatler ana 0e Ciry axpreasly werve
any ngM1is either party may have to a inal by jury of any civil litiqatlon rela[etl to or ansing ou�of ihis Solicife[ion.
45. CONTfiACT E%TENSION.TM1a City, through ils Ciry Manager, raserves ihe nght ro require the Gontrector to erzlentl cantad
past t�e sla�etl lermina�ion tlate ior e penotl ot up to 120 days in�he aven�the�e subsequent contrzd has no�yet heen awaNetl.
Adtlitional ertensions pasl Ine 120 eays may occur as neetletl by Iha City antl as muWally agreetl upon by IM1e Glty entl ihe
mn[racmr.
48. AMERILANS WITH DISABILITIES ACT IAOq. Call 305-813)490 to requas�matenel in accessible(oimal', sign lengueqe
inreryreters(Flve(5)tlays In etivance wM1en possiele),or Inioimation on access for persons witn dlsaEilioes Por more Infortnetion
on AOAcompliance,please wll Ue Publlc WOAs�epertmenp a1305-613-]OOQ Extension 2984.
49. TRUTH IN NEGOTIATION CERTIFICATE.Any resW[inB��tracl,is issuetl antl gavamed by section 28]055, Flontla steWtes
shallrequirea�mt�Innego�ia�ioncetlifira[a ExaculionotOtemn�2clbyt�econsul�ents�allaclast�eexe[u�ionofaTMh-in-
NeBotiation ceriRcate cetlifying iFat tM1e wage rates antl cosis used to determine[�e compensaPion provided Por in Ihe conbac�
wate,camplete,antl cumenl es ot IM1e tlale of[M1e mnUact TM1e onginal conVacl price an0 any aatlitiona t�ereto SM1ell be
atljustae to extlutle any signifirsnt sums by w�ic� the Ciry tle�eimines tM1e conirect pnce was Increasee tlue to inaccurate,
Inmmpla[e,o�noncurtent wage 2les antl o�her/acNal unit cosls.All such canl2ct atljustments sM1all be maEe wi��ln one(1)
yaer followin8�he entl of t�e canl2ct.
Page J of 7 I Formal SolicHallons ierms antl Contllllom-Gootls antl Servlcea(Ocbber 2),P0�])
GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS
�April 13,2020)
ARTICLE 1, DEFINITIONS AND INTERPRETATION OF CONTRACT DOCUMENTS.
1.7. Definitions. The def nitions included in this Section are not exhaustive of all defnitions used in the
Contrad Documents. Additional terms may be defned in other Contract Documents. The following terms
shall have the meanings specifed herein,as follows:
"Applicable Laws" means all laws, codes (including, but not limited to, building codes), ordinances, rules
regulations,lawful oMersand decrees of govemmental authorities having junsdiction overthe Project,Projed
Site, or the Padies.
"Application for PaymenY' means lhe detailed itemized documentalion, induding all suppoding
documentation, in a form and substance satisfactory to the City, submitted by the Contractor on a monihly
basis in order to obtain the Ciry's approval for payment for Work perfortned pursuant to the Contrad
Documents.
"Bid" means an offer or proposal submitted 6y a bidder in response to this ITB. The tertns "Bid" and "Bid
Submittal"are used interchangeably.
"Bidder"means any individual or firm submitting a Bid for this Projed.
"Change Order" means a wntten doament oNering a change in the Contract Pnce and/or Contrad Time
or a matenal change in the Work(as defined herein). A Change Order musl comply with the requirements
of the Coniract Documents.
°CIP InspectodPWD Field Obsener" means a City employee charged with observing and documenting,for
internal City puryoses only,general observations and conditions ofthe Projed including,without limitation,the
weather wnditions, the number of workers present at the time of observation, general type of work being
performed and taking photographs regarding same, Contrador expressly waives any right to assed as a
defense to any claim regarding the Projed induding, without limitation, any dispute between the City and
Contrac[or, and Contrador and any third party, the presence or purpoded approval or consent of any CIP
Inspector or other City employee conducting any feld observations dunng the Project. The Contractor
expressly acknowledges that the puryose of such City emplayee is to observe and document for intemal
puryoses only general observations and mnditions of the Projed, and in no way is intended W, nor shall be
ireated as,a person with authority to approve ar rejed the Work on behalf of the City or any other entity, orto
direct the Contractofs Work in any way. Contrector exp2ssty agrees to waive the presence of such CIP
InspecWr or other City employee performing feld observations as a defense to any Claims involving the
Projed.
"City" means the Ciry of Miami Beach, a Flonda municipal corporation, having its principal offces 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 ihe Project acting in its propnetary capacity, In
the event City exercises its regulatory authonty as a governmental body including, but not limited to, its
regulatory authority for code inspections and issuance of Building Department permits, Public Works
I c�,��.�ai co�d�n��.,r�� cA,�zo-���m��c��m��i�NN���i i 3. zolai
I
Depadment permits,or other applicable permits within its junsdiction,the exercise of such regulatory authonty
and lhe enforcement of any rules, regulafions, laws and ordinances shall 6e deemed to have occurted
pursuant to City's regulatory authonty as a govemmental body and shall not be attnbutable in any manner to
City as a Party to this Coniract.
"City Commission" means the goveming and legislative body of the City.
°City Manager" means the Chief Administrative Offcer of ihe City. The City Manager shall be construed to
include the Contrad Administretor and any duly authorized representatives of ihe City as the City Manager
may designate in wnting at any time with resped to any specifc matler(s)concerning the Projecl andlor the
Contract Documents (exclusive of those authonzations reserved lo the City Commission or regulatory or
administrative bodies having junsdiction over any matter(s) relaled to the Projed and/or me Contract
Documents).
"Claim" means a demand or assertion by one of the parties seeking, as a matler of nght, adjustment or
interyretation of the Contract Documents, payment of money,extension of time or other relief with respect lo
the Contract Documents or Project The term°Claim"also includes other disputes and matters in quesiion
belweeniheCityandContractorerisingoutoforrelatingtomeContractDocuments. Claimsmustbeinitiated
by written notice in strid accordance with ihe Contrad Documents. The responsibility for subsfantiating
Claims shall rest with the Party making the Claim. NI Claims submitled by Contraclor must comply with the
requirements of the City's False Claims Ordinance,as set fodh in Sections 70300 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.
"ConsultanP' means the frm named in the Invitation to Bid Summary as the"Consultant,"that has entered
into a separete agreement with ihe City to peAorm architectural,engineenng,or other design and construction
administration services for me Projed, and who will serve as the "architect of record" and/or "engineer of
record"for ihe Project.Wherever the woN"ArchitecP'or°EngineeP or"Consultanf'appears in the Conirad
Documenis, it shall be deemed to refer to ihe Consultant andlor the design professionals engaged by ihe
Consultant All communications, directives, instrudions, interpretations and actions required of Consulhant
shall be issued or taken only by or through ConsultanCs aumonzed representative(s).
"Conslmction SuperintendenP' means the individual who is a representative of the Contrector, and who
shall be responsible (or continuous field supervision,coordination,and completion of lhe Work,and who shall
mainfain a full-time on-site, physical presence at tl�e Pmjed Site and satisiy the obligations of Construction
Supenntendent as provided in the Conhact Documenis.
"ContracP' means the wntlen agreement belween the City and me Contractor for the pedormance of the
Work in accoMance with the requirements of the Contract Documents, and for the paymenl of ihe agreed
consideration.
"Contract Administrator" means the City's Contrad Administra[or shall mean the individual appointed by
the City Managerwho shall be the City's authonzed representative lo coordinate,dired,and review on behalf
of ihe City,all matters related ta the Project. The initial Contrad Administrator for ihe Project is named in the
Invitation to Bid Summary.
"Contrect Documents" means all of the documents setting fodh bidding information, requirements and
contradual obligations for fhe Project, including this ITB, Contractors Bid in response thereto, the Contrect,
I Geiwml Canduiuiu foi Conmucion Cunimtls IAV���I 13. 1010�
I
and the Plans and Specifcations, together with all addenda to any of the foregoing, Change Orders, Work
Orders, Field Orders, schedules and shop drawings, and all other documenfs requi2d by the ITB for the
completion of the Project.
"Contract Pnce" means the amount established in ihe Coniract Documents as the total amount the City is
obligated to pay for full and complete performance of all af the Work required by the Conirad Documents
(including, but not limited to, all labor, equipment and materials to administer, coordinate, provide related
cedifications,install and othenvise construct and complete the Projed within ihe Contract Time),and as may
be amended by Change ONer.
"Contracl Time"means the number of days allowed for completion of all Work,as stipulated in the Coniract
Documents,and as may be amended by Change Order.
"Contractor' means the individual or frm whose Bid is accepted and who enters into the Contract with the
City to construct the Project pursuant to the Coniract Documents and who is liable for the aceeptable
performance of the Work and payment of all debts pertaining to the Work.
"Days" means all references to numbers of days in ihe Contract Documents, shall be construed to mean
calendar days, unless specifcally noted otheiwise. 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, Flonda are not open for business dunng normal haurs.
°Field Order" or "Field Directive" means a written order which further descnbes details or provides
interpretations necessary to complete the Work of the Contract Documenis but which dces nol involve a
change in the Contracl Pnce or Contract Time.
°Final Completion"means ihe date upon which all conditions and requirements of ine Contrac[Documents,
permits and regulatory agencies have 6een satisfied; any documenis required by ihe Contract Documents
have been received by the City; any other doaments requi2d 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 wnflen letter or directive issued 6y the ConUact Administrator
to Contractor W commence and proceed with portions of the Work as specifed therein or a specifc task of
the Project,and stating any fudher limitations on the extent to which Contrador may commence and proceed
with the Work. Unless olhenvise approved by ihe City at its sole discrelion, City's issuance of a Notice to
Proceed for wnstmdion or portions thereof shall be contingent upon Contractor obtaining all appropnate
permils and satisfying all requirements of agencies having junsdiction. However,the City is no�obligated to
immediately issue NTP on the date Coniractor obtains all requisite permits and/or satisfes the specifed
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 othenvise satisfed 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 ihe Project, as well as additional
ezpenses expressly chargea6le to the CiTy or otherwise deemed the responsibility of the City pursuant to the
Contract Documenis. The City retains exclusive use and conirol of the Owners Contingency. The Coniractor
has no nght or entitlement whatsoever to the Owner's Contingency,and use af such funds are subject to the
Contrect Administrators or City Managers prior written approval and issuance of a Change Order by the City
I ce,�e��i c���duro,��io�co��e�k�����c��,i�a�u wr,���i i 3. zo2oi
I
at its sole and absolute discretion.Any unused City Contingency remaining a[the completion of the Projed
shall acerue solely to the City.
"Parties" means City and Contractor, and "Part�'is a reference to either City or Contractor, as ihe conteM
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 Coniract Documents.
"ProjecP'means the improvements described in the Contrect Dowments and all Work that is contemplated
thereby or reasonably interable iherefrom.
"Project Initiation Date" means lhe date upon which me Contract Time commences.
"Proied Manaaer" means the authorized individual which is the represenlative of Contrador and who will
administer and manage Ne prosecution of all Work on behal�of the Con4actor.
"Punch Lis4' means the list or lists prepared by Contraclor, incorporating input provided by the City or
Consultant, identifying matters ihat remain to be completed to achieve Substantial Completion and to be
completed belween achievemenl of Substantial Completion and Final Completion in order ihat Final
Completion can be declared by City to have occurred.
"Purchase Order" means the wntten document issued by the City to the Contractor indicating types,
quantities, andlor agreed prices for pmducts or services ta be provided to the City.
"Responsible Bidder" means an ofleror who has the capability in all respeds to perform fully the contract
requirements, and the integrity and reliability which will assure good faith performance, including, without
limitation,ihe fadors identifed in Section 2369 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 ihe required forms,
which mntain all required information, signatures, notarizafions, insurance, bonding, security, or other
mandated requiremenGs by the bid dowmenk to be submitted at ihe time o(bid opening.
"Schedule of Values" means a wntten schedule setting forih the detailed and itemized mst breakdown,
inclusive of labor, matenal, and lazes af all elemenls comprising the Contract Pnce.
"Speciflwtions" means the general term compnsing all of the writlen directions, pmvisions and
requirements conWined in the Contract Documents, as amended, descn6ing ihe work required to be
performed, including detailed technical requirements as to labor, matenals, supplies, equipment and
standards to which such work is to be performed.
"Subcontractor' means any person or entity supplying the Contractor with labar, materials, supplies or
equipment used directly or indirectly by the Contractor in the pmsecution of ihe Work.
"Substantial Complelion" means Me date when the Work, as certifed in wnting 6y ihe Consultant, and
determined by lhe Cily 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
' I<A�iitml Condl�lons loi ConchacAo��Co�ni�u..l(�yll 13, 70201
i
been satisfied and the Pro�ect is ready for occupancy, utilization and continuous commercial operation for
ihe uses and puryoses intended by the City, withoul material interference from inmmplete 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 Cerlificate of Occupancy or Certificate of
Completion by ihe authonty having junsdiction; (2) the issuance of a Certificale of Substantial Completion
by the ConsuAant; and (3)acceptance of such CeNfcate of Substantial Completion by the City pursuant to
the Contract Doaments.
"Surety" means the surety company or individual which is bound by ihe bid bond, or by the performance
bond or payment 6ond with and for Contractorwho is pnmanly liable,and which surety company or individual
is responsible for Contractors satisfaclory performance of the work under the contract and for the payment
of all debts pertaining the2to in accordance vnth Section 255.05, Flonda Statutes.
"Work" means all conslruction and services required by or reasonably infereble from the Contracl
Dowments for the completion of the Project, including the provision of all labor, matenals, equipment,
supplies, tools, machinery, utilities, procurement, fabriqtion, transpodation, construction, erection,
demolition, installation, insurance, bonds, permits and conditions thereof, building code changes and
govemmental approvals,testing and inspedion services,quality assurance andlor quality contml inspections
and related certifcations, training, surveys, studies, supervision, and administration services to be provided
by the Contrador, and other items, work and senices that are necessary or appropriate for the total
construction, insiallation, fumishing, equipping, and functianing of ihe completed Projed, together with all
additional, collateral and incidenfal items, work and services required to achieve Final Completion in
accordance with the Contract Documenls.
1.2. Interoretation of the Contract Documents.
1.2.1. As used in the ConUacl�ocumenis, (i)the singular shall include the plural, and ihe masculine shall
include the feminine and neutral, as the contezt requires; (ii)"includes"or"including"shall mean "including,
but not limited to" and "including, without limitation;" and (iii) all definifions of agreements shall include all
amendments thereto in effect from time to time.
1.2.2. Whenever it shall be provided in ihe Contract Documenis that the Contractor is required to perform
a service or obligation"at its sole cost and expense"or words o(substantially similar meaning,the Contrador
shall not be entilled to reimbursement for such item and the cost of such service or obligation shall not 6e
included in any Application for Payment.
1.2.3. Contrect Dowments shall be construed in a harmonious manner, whenever possible. The general
intent of the Contract Documenis is �o include all items necessary for ihe properexewtion and completion
of the Pmject by the Contredar.
1.2.4. The Contract Documents shall be faken 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 specifcally referred to in other Contrad
Dowments, shall be executed by Contrac[or and binding as a part of the Contrad Documents, as well as
any Work which, in the sole opinion of Ciry, may be faidy inferted from the Contract Documenis or by normal
industry pradice.
� I ����d�al Co��d�n�ons loi G,�,simci�on Commns I/+p��l 13, 2020�
!
7.2.5. DetailedplansshalltakeprecedenceovergeneralplansforthesameparloftheWork.Specifca[ions
and detailed plans which may be prepared or approved by City after the exeation of the Contrect and which
may be faidy inferred from the onginal specificalions and plans are to be deemed a pad of such specifcations
and plans,and that podion of the Work shown thereby shall be performed without any change in the Contrect
Price or Projed Schedule. Wth respect to conflicGs between la�ge-sple dravtlngs and small-scale drawings,
the larger scale drawing shall govem, unless othereise dictated by Consultant.
12.6. Where compliance with lwo or more 2quiremeNs is indicated in any of the enumerated Contract
Documenis and whe2 these requirements within the Contract Documents conAid in quanfiry or quality, the
Con6ador shall comply with the mast sinngent requirement as detertnined by the City, unless specifically
indipted otherxise in lhe Contract DocumenGs.
1.27. As used in the Contract Documents,unless specifcally indicated otherwise, 2ferences to an Article
include all Sedions,Subsections,and items within that Adicle;references to a Section include all Subsections
and items within ihat Seclion;and references to a Subsection include all ilems within that Subseclion,
7.2.8. Words which have a well-known technical orirade meaning are used herein in accordance with such
recognized or well-known meaning, unless the Contract Documents otherwise specifwlly defne such word.
7.2.9. The Recitals,Appendices,Ezhibits and Schedules attached hereto are expressly incorporated in and
made a pad ot the Contract Documents as if(ully set forth herein.
ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT DOCUMENTS.
2.1. Intention of CiN. It is lhe inten� of City to descnbe in �he Contract Documents a fundionally
complete Project (or paA thereo� to be construded in accoMance with ihe Contrect Documents and in
accordance with all codes and regulalions governing consirudion of ihe Project Any work, malerials or
equipment ihat may reasonably be inferred from ihe Contract Documents as being required to produce the
intendedresultshallbesuppliedbyContractorwhetherornotspecifcailyralledfor. Cityshalihavenoduties
other than those duties and obligations expressly set forth within the Conirad Documents.
2.2. Prioritv of Contract Documents. In the event of conFlicl or inconsistency among the Contract
Documenis,the following oNer of precedence shall govern the interprelalion of the Contract Dauments:
a. Change Orders or Amendments to this Contracl(excluding the Plans and SpecificaUons);
b. The Coniracl Documents(ezcluding the Plans and Specifcations);
c. Modifications or changes to the mmpleted Plans and Specifications,as approved by the City;
d. The completed Plans and Specifcations,as approved by the City; and
e. The ITB.
In the event of any conFlict between Me General Terms and Conditions of the ITB(as may be amended by
Change Order), and the Specifcations, the provisions of the General Terms and Conditions, as amended,
shall take precedence and control.
: I V��icid Cond�iiuns fw Consvaciion Coniwc6�AFnil 13, 10101
9
Contractor shall be fumished lwo (2) copies, free of charge, of the Contrad Documenk; which shall be
preserved and always kept accessi6le to ihe City, the Consulfant, and iheir respective authonzed
representalives. Additional copies of ihe Contract Documents may be obtained irom City at ihe cost of
reprodudion.
ARTICLE 3. CONTRACTOR'S DUTIES AND RESPONSIBILITIES.
3.1. Performance of the Work. The Contrector covenanls and warrants that it shall be responsible for
peAorming and completing, and for causing all Subcontrectors to perform and complete, ihe Work in
accordance with ihe Contract Documents and all Applicable Laws relating to the ProjecL Accordingly,
Contractor shall furnish all of the laboi, materials, equipment services and incidentals necessary to perform
alI of the Work described in the Contract Documents,and all Work that is contemplated thereby or reasonably
inferable therefrom. As pad thereof, Contractor shall achieve Substantial Completion within the time penod
specifed in the Invitation to Bid Summary for Subsfantial Completion, as such date may be e�Aended
pursuant to the terms of ihe Contract Documenis, and shall achieve Final Completion of the Projed by the
date established in ihe Contract Documents for Final Completion, as such date may be extended pursuant
!o me terms of ihe Contrect Documenis.Unless otherwise provided in the Conirac[Documenis,or as agreed
to in writing behveen City and Contractor, the form and content of all reports, forms and regular submittals
by Contrador to City shall be subject to priorapproval of the City,and Coniractor shall submit such matenals
to the Ciry for City's approval prior to implementation. City's approval thereof shall not limit City's nght to
thereafter require reasonable changes or additions to approved systems, repods, (orms and regular
submittals by Contrador to City.
3.2. SWndard of Ca�e. The Work shall be performed in accordance with the professional standards
applica6le to projecls, buildings, or work o(complexity,quality and scope comparable to the Work and the
Project. More specifically, in ihe 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 ihe same time and locality of the Project.
Work shall be pedormed by the Contrador,Subcontractors,and speci0c personnel refeved to in the in the
Contracl 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 appmpriale in order to carry out its obligations under the Contract DowmenGs,provided such
entity shall be suitably qualifed and shall be subject to the prior appmval of ihe Cily. Nothing contained in
the Contract Documents shall be construed to create any obligation or contradual liability running from the
City to any such persons or entities, including to any Subcontractors.
3.3. Notices lo P�oceed. Contractor shall be insimcted W commence the Work by wntten instructions
in the form of a Purchase Order issued bythe City's Procurement Department and a Notice to Proceed issued
by the Contract Adminisirator.At least lwo(2) Notices to Proceed will be issued for mis Contract Conlractor
shall commence scheduling activities, permit applications and other preconstruction work within fve (5)
calendar days after the Projed Initiation Date, which shall be ihe same as the date of the first Notice to
Proceed.The frst Notice to Proceed and Purchase Order will not be issued until Contredor's submission to
City of all required documenis,including but not limited to,Payment Bond, Performance Bond,and Insurance
Certifcate�s), and afler execution o(the Contrect by both padies.
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 Contradorto mobilize on the Projec[
Site and commence with physical consWclion of the Work(typically, ihe second NTP for a Project): (1)ihe
' I<=enu�l ConJuians loi Cor.simceon Coneacix IAp��I 13.)090�
[
receipt of all necessary pertnits by Contractor,(2)City's acceptance of the Contractors full progress schedule
in accordance with the Contract Documents, Contrectors submittal schedule, Contractors Schedule o(
Values, and list of Subcontractors; (3) Contrectors Humcane Preparedness Plan; and (4) Contractors
submission Po the City and Consulfant of any other documents required by the Contractor pocuments. The
Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with
construction of the Work within lwenty-one(27)calendar days of the issuance of[he first Notice to Proceed.
3.5. Wartan .ContractorwarranistoCitythalallmatenalsandequipmentfurnishedunderihisConhact
will be new unless otherwise specifed and that all of ihe Work will be of good quality, free from faults and
defects and in conformance with the Contract Documents. All work not conforming to these requiremenis,
including substitutions not propedy approved and authorized, may be considered defeclive. If required by
Consultant or City, Contractor shall furnish satisfaclory 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 Reauirements.
3.6A. The orders of City are to be given through Consullant or the Contract Adminisirator, which
insimdions are to be stndly and promptly followed in every pse. Contrector shall keep on the Projectduring
its progress, a full-time competent English speaking Consiruction Superintendent and any necessary
assistants, all satisfactory to City. The Conslruction Superintendent shall not be changed eacept wim the
wntten consent of City, unless the Consiruction Superintendent proves to be unsatisfactory to Contracror 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 confrmed
in wnling by City upon the wntten request of Conhactor. Contraclor shall give effcient supervision to the
Work,using its best skill and atlention.
3.6.2. The Construction Superintendent shall be responsible for management of the Project Site and tasks,
including, but not limited b, organization and coordination of ihe Work of Subcontractar employees;
exercising control over rete of mnstruction progress to assure completion of the Projec[ within the
Project Schedule; inspecting or observing the Work to enforce confortnity lo the Contract Documenis and
supervising trades, subcontractors, clencal staff, and other personnel employed in the construction of the
Projed. On a daily basis,Contractor's Construction Superintendent shall record,at a minimum,ihe 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 subcontrectors at the Project Site; visitors to the Project Site, including
represenfatives of Consultant;regulatory representatives; any special or unusual canditions or occurrences
encountered; and ihe lime of termination of work for the day. All information shall be recorded in tl�e daily
lag in ink. The daily log shall be kept on the Projed Sife and shall be available at all Ames for inspedion and
copying by City and Consultant.
3.6.3. The Contrect Administretor,Contractor and Consultant shall meet at least weekly or as determined
by the Contract Administretor, dunng ihe course of the Work to review and agree upon the work peRortned
to date and to establish ihe cntical path adivity or Work forihe ne#two weeks. The Consulfanl shall publish,
keep,and distribute minutes and any comments ihereto of each such meeting.
3.6.4. If Contraclor, in the course of prosecuting the Work, fnds any discrepancy beAveen the Contrad
�ocuments and the physical conditions of the locality, or any errors, omissions, or discrepancies in the
Coniract Documents,it shall be Contradors duty to immediately inform Consultant,in wnting,and ConsuAant
I G�.�u�ul Co��Jiiiur..lor�o�oeunio��Conir��is IAydl I J, 21YL0�
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will promptly review the same. Any vrork done afler such discovery, until aumonzed, will be done at
Contractors sole risk.
3.6.5. Contrador shall supervise and direct the Work competently and effciently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with
the Contract Documents. ContracWr shall be solely responsible far ihe means, methods, techniques,
sequences and procedures of mnstrudion.
3.6.6. The Construction Superintendent must have at least fve(5)years of ezpenence in projects of simiiar
design, scope, size and complexity. The Projecl Manager must have at least fve(5)years of expenence in
projects of similar design,scope, size and complexity.
3.7. Subcontracts.
3.7.7. Contractor shall not employ any subconiractor against whom City or Consultant may have a
reasonableobjedion. ContractorshallnotberequiredtoemployanysubcontractoragainsiwhomContrec[or
has a reasona6le objection.
3.1.2. Contractor shall be fully responsible for all ads and omissions of its subcontractors and of persons
directly or indiredly employed by its subwntractors and of persons forwhose acts any of them may be 1ia61e
to the same exten[that Contractor is responsible far the acts and omissians of persons diredly employed by
it Nothing in the Contrad Documents shall create any contradual relationship belween any subcontractor
and City or any obligation on the part of City to pay or to see the payment of any monies due any
subcontractoc City or Consultant may fumish to any subcontractor evidence of amounis paid to Contractor
on account of specifc work performed.
3.7.3. ContracloragreestobindspecifcalfyeverysubcontractortothetermsandconditionsoftheContract
Documenls for the 6eneft of City. All of the Contractors agreemenls with the Subcontraclors shall contain
the following provisions(or shall incorporate the following provisions by reference)and shall state:
a. that the Subcontrador irrevocably submits itself to the onginal and exclusive junsdidion and
venue in Miami-Dade County, Flonda, wi�h regard to any controversy in any way relating �o the award,
execution or performance of the Contract Documents and/or such Subcontrador's agreement,and whereby
the Subcontractoragrees lhat service of pmcess on it may be made to the person or entity designated in the
Subwniract;
b. that ihe City shall not be in pnviTy 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 su6contract in the event that the City exercises ils nghts under
any assignment of tt�e subconiract and requests or directs the Subcontractor to perform the podion of the
Work covered by its subcontrect;
c. ihat ihe City is a third-party benefciary of the Subcontrad, entitled to enforce any rights
[hereunder for iheir respective benefits,and ihat, subject to the terms of the applicable SuGcontract,the City
shall have the same nghts and remedies vis-a-vis such Subcontrectors that Contractor shall have, including
ihe right to be compensated for any loss,expense or damage of any nature whatsoever inaned by the City
resulling from any breach of such Subcontract by Subconhactor, any breach of representations and
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wavanties,if any,implied orexpressed,ansing outof such agreements and any error,omission ornegligence
of such Subcontractor in the performance of any of its obligations under such Subcontrad;
d. ihat the Subcontractor shall indemnify and hold harmless the City, its offcers, agents,
diredors,and employees,and insirumentalities to thefullestextent permitted by Sedion 725.06 of the Flonda
Statutes;
e. thatsuchsubcontrectshallbetertninablefordefaultorconvenienceuponten(10)daysprior
wntten notice by Contrador,or, if the Subconirad has been assigned to the City, by ihe City or its designee;
f. that Subcontractor shall pmmptly notify the City(vnth a copy to Conirador)of any default of
Contractor under the Subconhact,whether as to payment or othenvise;
g. thatContractorandSubconiradoracknowledgethat(i)[heyareeachentenngintoacontract
tor the construclion of a public facility or public works project as contemplated in Chapter 255, Florida
Statutes, and (ii) each have no nght to file a construdion lien against the Work or the Project, and further
agree to include a similar requirement in any purchase order or subcontrad entered into by Subcontrador;
and (iii)the payment bond provided by Contractor pursuant to this Agreement is a substitute for the nght to
claim a lien on the Project,and that any claims for nonpayment shall be made againslihe bond in accordance
with Section 255.05, Florida Statutes.
h. that Subcontraclor shall complywilh all Applicable Laws(including prompt payment)and the
City requirements as set forth in the Contract Documents and maintain all fles, recoMs, accounis of
expenditures for Subconirador's podion of the Work to the standaMs set forth in the Contrect Documents.
i. that the City may, at reasonable limes, contad Subconiractor,after notice to Conirador,to
discuss, or obtain a wntlen 2poA of, Subcontraclor's services,with Contractor entitled to be present dunng
any such disassions;provided that in no event, prior to any assignment of the Subcontrad lo the City, shall
Subcontractor take instructions directly from ihe City;
j. ihat Subconiraclor promptly disclose W the City and Contractor any defed, omission, error
or deficiency in the Coniract Documents or ihe Work abouf which it has knowledge no later than ten (10)
days following discovery of such defect,omission,error or defciency;
k. tl�a[Subcontracror assign all warranties diredly lo the City,
I. ihat the Contract Dowmenls provide a limitation of remedies and NO OAMAGES FOR
DELAV as delineated in Article 10 hereof;
m. mat in ihe event of a change in the Work the Submntractols Claim for adjustments in the
subcon0act pnce shall be limited eaclusively to its actual costs for such changes, plus no more than [he
overhead and proft feeslmarkups and bond costs to be established as part of the GMP Amendment.
n. Each subcontract shall require the Subcontractor to expressly agree that the (oregoing
constitutes the sole and exdusive remedies fordelays and changes in the Work and thus eliminate any other
remedies for claim for increase in the subcontract pnce,damages, losses or additional compensation.
�I ('xneial Cond�ieons bi Comin�cuon Gnieac�s IApnl 13. JO?0�
o. Each subcontract shall require ihat any claims by Subcontractor for delay or additional cost
must be submitted to Contractor within the time and in the manner in which the Contrador must submit
Claims to the City,and that failure to comply with ihe conditions for giving notice and submitting Gaims shall
result in the waiver o(such claims in the same manner as provided for in ihe Contract Documents.
37.4. Contractor shall perform ihe Work with its own forces, in an amount not less than the percentage of
the Work specified in ihe Invitation to Bid Summary.
3.8. Plans and Workino Drewinas.
3.8.7. Contractor to Check Plans Soecifications and Data. Contractor shall verify all dimensions,
quantities and details shown on the plans, specifcalions or other data received from Consultant, and shall
notify Consuliant of all enors, omissions and tliscrepancies found therein within three (3) calendar days of
discovery. Contractor shall not be allowed to take advantage of any evor, omission or discrepancy, as full
insirudions will be fumished by Consultant. Contrador shall not be liable for damages resulting from enors,
omissions ordiscrepancies in the Contrad Documents unless Conirador recognized such error,omission or
discrepancy and failed to report it to Consulpnt, or unless Contractor should have recognized such error,
omission or discrepancy upon reasonable investigation.
3.8.2. SuoolemenWry Diawinas.When, in ihe opinion of Consullant, it becomes necessary to explain ihe
Work to be done more fully,or to illustrate ihe Work fuRher,or to shrnv any changes which may be required,
supplementary drawings, with specifcations pertaining thereto, will be prepared by Consultant. The
supplementary drawings shall be binding upon Contrador and shall be considered as part of the Contracl
Documents. Where such supplementary drawings require either less or more than ihe original quanlities of
work,appropnate adjusfinents shall be made 6y Change Order. In case of disagreement beRveen the written
and graphic portions of the Contract Documents, lhe wntten portion shall govern.
3.8.3. Shoo Drawinas.
3.8.4.7. Contractor shall submit Shop Drawings as required by the Technical Specifications. The
purpose of the Shop Drawings is to show ihe suita6ility, e�ciency, technique of manufacture, installation
requirements, details of the item and evidence o� ifs compliance or noncompliance with the Contrect
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 identi(y the cntical items. Submission of such documenfs is a
condition precedent to the issuance o(a Notice to Proceed for construdion. Approval of this list by Consultant
shall in no way relieve Contrador from su6mitting complete Shop Drawings and providing matenals,
equipment, etc., fully in acmrdance with the Contract Documenis. This procedure is required in order to
expedite fnal approval of Shop Drawings.
3.8.4.3. After the approval of the list of items required herein, Contrector shall promptly request
Shop Drawings from the various manuhadurers,fabricators,and suppliers. Contractor shall include all shop
drawings and other submittals in its cerGfication.
3.8.4.4. Contractor shall thoroughly review and check ihe Shop Drawings and each and every
copy shall show this approval thereon.
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3.8.4.5. If Ihe Shop Drawings show or indicate departures from the Contract requirements,
Contractor shall make specific mention thereof in its letler of transmitial. Failure to point out such departures
shall not relieve Contrector 6om its responsibiliTy to comply with the Contract Documents.
3.8.4.6. Consultant shall review and approve Shop Drawings within seven(7)calendar days trom
the date received, unless said Drawings are rejeded by Consultant for material reasons. ConsultanPs
appmval of Shop Drawings will be general and shall not relieve Contrector of responsibility for the accuracy
of such Drawings, nor for the properftting and construction of the work, nor for the furnishing ot 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 ConsultanL Approval shall not
relieve Cont2c[or from responsibility for errors or omissions of any sort on lhe Shop Drawings.
3.8.47. No approval will be given to padial submittals of Shop Drawings for items which
inlerconnect andlor are interdependent where necessary ro propedy evaluate the design. It is Coniractors
responsibility to assemble the Shop Drawings forall such interconneding andlor interdependent items,check
them and then make one submitlal to Consultant along with iGs mmments as to compliance, noncompliance,
or features requinng special attention.
3.8.4.8. If catalog sheeGs or prints of manufacturers' standard drawings are submitted as Shop
Orawings,any additional information or changes on such drawings shall be typewntten 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 quantiry until fnal approval is obtained.
3.8.4.70. Con[ractor shall keep one set of Shop Drawings marked with ConsuAanYs appmval at
the job site al all times.
3.8.4. Field Lavout of the Work and Record Drawinas. The enti2 responsibility for establishing and
maintaining line and grade in the feld lies with Coniraclor.
3.8.5.1. Contractor shall maintain an accurate and precise recoN of the location and elevation of
all pipe lines,conduits, stmctures, maintenance access strucNres, handholes,fttings and the like and shall
prepare record or"as-builf'drawings of the same which are sealed by a Professional Surveyoc Contractor
shall deliver these recoMs in good order to Consultant as ihe Work is completed. The cost of all such field
layout and recording work is included in the prices bid forihe appropriate items. All record drawings shall be
delivered to Consultant pnor to Substantial Complelion, in accordance with the Contrad Documents.
3.8.5.2. Conhactor shall mainlain in a safe place at the Pmjed Site one record copy of all
Drewings, Plans, Specifcations, addenda, wntten amendments, Change Orders, Field Orders and wntten
interyretations and clanfications in good order and annotated to show all changes made dunng construdion.
These record dowments together with all approved samples and a counterpad of all appmved Shop
Drewings shall be available at all times to Consultant for reference. Upon Final Completion of the Pmject
and pnor to Final Payment, these remrd documents, samples and Shop Drewings shall be delivered to the
Contracl Administrator.
3.8.5.3. Pnor to,and as a condition precedent to Final Payment,Conirador shall submit to City,
Contractor's 2cord drawings or as-built drawings acceptable lo Consultant.
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3.8.5. Art in Public Places 1"AIPP"1 Coordination.Contrador shall coordinate the implementation of the
City's AIPP commissions and installations for the Projed, if any, with all such coordination Work covered
within me Contrad Price, pmvided, however, that the City shall separately fund ihe commissioning and
installations of all AIPP artworks.
3.8.6. CiN's Particioation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE ANDIOR
PERFORM IN ANY WAY THE CONTRACTOR'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER
CONTRACT �OCUMENTS. THE CITY'S PARTICIPATION, FACILITATION ANDIOR ASSISTANCE TO
THE CONTRACTOR SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE
CONSTRUED, INTERPRETED ANDIOR CONSTITUTE AN ASSUMPTION BY THE CITY OF
CONTRACTOR'S OBLIGATIONS, A WAIVER OF CONTRACTOR'S OBLIGATIONS ANDIOR EXCUSE
ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE
PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT
PRECLUDE THE CIN FROM DECLARING CONTRACTOR 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 RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT ANDIOR
OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION,ASSISTANCE ANDIOR
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 BE7WEEN THIS
SECTION ANDIOR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT
OOCUMENTS,THIS SECTION SHALL GOVERN.
3.8.7. CiN's Informalion. Except for any tesls or studies that lhe City provides as part of the ITB, any
information provided by ihe City to the Contractor relating to the Projecl andlor other conditions affecting
the Project Site, is provided only for the convenience of the Contractm and daes not relieve the Contrador
of the due diligence necessary to independently verify local conditions and Site Conditions.The City makes
no representation or wartanty as to, and assumes no responsibility whatsoever with respect to, the
suffciency, 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 ihe Contractor as a result of any examination, exploration or testing, are representative of ihose
existing throughout ihe pedormance of the Work or the Project Site, and there is no guarantee against
unan�icipated or undisclosed conditions.
ARTICLE 4. CONTRACT PRICE.
4.1. If the Imitation to Bid Summary ar any other Coniract Dowments contemplate unit pncing for ihe
Project or any poRion thereof, City shall pay to Contractor the amounfs determined for the tofal number of
each of the units of work completed at the unit pnce sfated in the schedule of pnces bid. The number of uni4s
contained in ihis schedule is an eslimate only,and fnal payment shall be made forihe adual numher of units
incoryorated in or made necessary by ihe Work covered by the Contrad Documents. Payment shall be
made at ihe unit pnces applicable to each integral part of the Work. These prices shall be full compensation
for all cosis, including overhead and proft, associated with wmpletion of all the Work in full conformity with
the requirements as stated or shown, or both, in the Coniract Dowments. The cost of any item o(work not
covered 6y a defnile Contract unit pnce shall be included in the Contract unit pnce 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 Contrad�ocuments contemplate lump sum pricing for
�he Project, the Coniract Price shall be the amount specifed 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 ihe
purposes described in the Contrect Documents).The Contract Price,exclusive of the Owners Contingency,
shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and
profit, associated with completion of all ihe Work accordance with the requirements of the Contrad
Documents, including all Work reasonably inferable iherefrom, even if such item of Work is not specifcally
or expressly identified as pad of a line item in the IT8 Pnce Form.
4.3. To the extent ihe Projecl includes both unit pnces and a lump sum pnce, ihen all sections of this
Article 4 shall apply to the item of Work in question,as applipble.
4.4. No Comoensation Prior to Notice to Proceed. Prior to the City's issuance of any Notice to
Proceed, Contrac[or shall not incur any cost to be reimbursed as part of lhe Project,except as lhe Contrad
Administrator may authonze in writing.
4.5. Owner's Continaencv. The Owners 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
deteimined to be the City's responsibility under the Contract Documents, including, as it relates to the
Contractor,the following increased cosis of ihe Project inwrred by Coniradoc
a. Express writlen changes in the Work made in ihe discretion of the City after issuance o( a
Change OMer or Construction Change Directive relating thereto. The decision to make such changes, and
to incur Ne costs that arise ihere from, shall be in the sole discretion oi ihe City. No costs may be charged
to the Owners Contingency under this subsection without express approval of City.
b. Changes to ihe Work if oMered by agencies having junsdiction, provided such Work direcdy
results from City's issuance of a Notice ta Proceed prior to obtaining full permits thereon;
c. In ihe event of Exwsable Delay, reasonable acceleration costs to meet milestones, if approved
by the City at its sole and absolute discretion;
d. Diffenng site conditions pursuant to the Contract Documents;
e. Pos4humcane or storm-related Construction Change Directives (lo address matlers ihat are in
addition to,or nol covered by,ihe Contractor's City-approved Hurticane Preparedness Plan required by the
ConUact Documents);
f. Increased Costs of the Work resulting irom other actions of the City deemed to be City's
respansibility and/or compensable under ihe Contract Dowments.
Unless Contractor secures City's wntten agreement ihat such costs are City's responsibility, documentation
of responsibility for such costs shall be submitled with the Contrectors Claim. When Contractor has reason
to anticipale that such msis may be incurred, it shall be me Conhactors responsibility, when feasible, to
provide the City with suffcient advance notice, so as lo pmvide the City with a reasonable appoRuniry to
avoid such costs. Such costs shall be deemed the City's responsibility if City subsequently agrees in wnting
to grant me Claim and accept such responsibility, or if the Claim is granted and responsibility assigned to
City pursuant to the dispute reso�ution process under the Contract Documents and all reviews thereof are
exhausted or waived by City. The Contractor has no nght or entitlemeni wha[soever to ihe Owner's
`�n I G,r�aml C���dillons b�Canrmclion Commcls Np�il I U, )U➢OI
Contingency,and use of such funds are subject to the City's pnor wntten appmval and issuance of a Change
Order or Construction Change Directive by ihe City at its sole and absolute discretion. Any unused City
Contingency remaining at ihe completion of the Projed shall accrue solely to the City.
ARTICLE 5. APPLICATION FOR PAYMENT.
5.7. Applications for Payment for ihe Work pedormed by Contractor shall be made monNly based upon
the percent completion of the Work for each particular month and in accordance with the Contract
Documents. The percent complelion shall be based upon the updated and City-approved Projed Schedule
as required by ihe Contract DocumenGs Coniradors application shall show a complete breaktlown 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 �or Payment, an
updated progress schedule as required by the Contracl Documents and a release of liens and consent of
surety relative to the Work which is the subject of ihe Application. Following submission of acceptable
suppoding documentation along with each Application for Payment, City shall make payment to Contrector
aRer approval by Consultant of an Application for Payment, less retainage as herein provided for and/or
withholding of any ather amounts pursuant to the Contrect Documents, within lwenty-0ve (25) days in
accordance with Section 218.735 of the Flonda Statutes.
5.2. The City shall withhold from each progress payment made to Coniractor retainage in the amount of
ten percent(10%)of each such payment until fiity percent(50%)of ihe Work has been completed.The Work
shall be considered SOYo complele at the point at which the City has expended 50%of the approved Cosl of
the Work together with all cosls associated with existing change orders or other additions or modi(ications to
ihe constmction services p�ovided for in the Conhact�ocuments.
Thereafter, the Contract Administrator shall reduce to fve percent (5%) the amount of retainage withheld
from each subsequent progress payment made[o the Contractor,until Substantial Completion.Any reduction
in retainage shall be in accoMance with Sectian 255.076 of the Flonda Statutes, as may be amended, and
shall otherwise be at the sole discretion of the ConiractAdministrator,after considenng any rewmmendation
of Consultant with respecl thereto. Contractor shall have no enlitlement to a release of, or reduction in,
retainage,except as may be required herein or by Flonda law. Any interest eamed on retainage shall accrue
to the beneft of City. All requests for retainage reduction shall be in wnting in a stand-alone document,
separate from monihly applications for payment.
5.3. Nolwithsfanding any provision he2of to ihe contrary, the City may withhold payments to the
Contractor in the following circumstances:
a. correction or re-exeation of Work which is defective or has not been performed in accordance
with the Contract Documents and which the Cantractor has failed to cortect in accordance with the terms
of the Contract Dowments;
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 ihe Contractor,
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d. damage lo another contrador 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 Contrador to provide a Recovery Schedule in accordance with the Contract
Documenis;
g. failure of Contractor to provide any and all matenal doaments required by the Contract
Documents induding, without limitation, the failure to maintain as-built drawings in a cunent 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 Contrect Documents, for which the Contractor
has nol posted bonds or other additional sewrity reasonably satisfactory to the CiTy.
Except as otherwise specifcally provided in the Contract Documenls, in no event shall any interest be
due and payable by ihe City to the Conhactor or any other pady on any of the sums retained by the City
pursuant to any of the terms or provisions of any of lhe Contract Doamenis.
5.4. No acceoWnce. No prog2ss payment made by tl�e City to Contractor shall constitute acceptance
of any podion of the Work,any goods or materials provided under this Agreement or any podion thereof. No
partial or entire use or occupancy of the Project by lhe City shall constitute an acceptance of any poAion of
the Work or the complete Project which is not in accordance will�the Conirad Documents.
5.5. Final Bill of Materials. Upon request by the Cify, Contrector shall be required to submit to City and
Consultant a final bill of materials with unit costs for each bid item for supply of malenals in place. This shall
be an itemized list of all matenals with a unit cost for each material and the Wtal shall agree with unit costs
established for each Contract item. A Final Certificale for Payment cannot be issued by Consultant until
Coniractor submits lhe fnal bill of matenals and ConsuAant verifes the accuracy of the units of Work.
5.6. Pavment bv Ciri for Tests. Except when otherwise specifed in the Contract Documents, the
expense of all tests requested by Consulhant shall be bome by City and perfortned by a testing frtn chosen
by the City. For road construction projects the procedure for making tests required by Consultant will be in
confortnance with the most recent edition of the State of Flonda, Department of Transportation Standard
Speci(cations for Road and Bndge ConsUuction. The cost of any 2quired test which Contractor fails shall
be paid for by Contractor.
57. Form of Apolication: Proiected Pavment Schedule. The Contractor shall make each Applica4on
for Payment on AIA Form G702 or other form approved by the City, which incorporales the budget and the
Schedule of Values. For each line item, the Contrador shall state the approved mst, lhe cost to date, and
the projected tofal cost, and retainage held(if any), shall stale that the projected total cost shall nol exceed
the approved cost, as adjusted by Change Ordec Each Application for Payment shall also state the actual
costs incurred by the Contrador for the payment penod covered by such Application for Payment.
ARTICLE 6. PROJECT SCHEDULE AND CONTRACT TIME.
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6.1. Time tor Comoletion. Time is ofihe essence throughout this Contract.Contractor shall perform the
Work so as to achieve Subsfantial Completion within the numberof days specifed for Substantial Completion
in the Invitation to Bid Summary, and the Projed shall be mmpleted and ready for fnal paymenl as sel forth
herein within the number of days specifed for Final Completion in the Invitation to Bid Summary, with such
Final Completion date calculated from the date certified by Consulhant as the date af Substantial Completion.
6.2. Proiect Schedule: Preliminan Matters. As a condition of issuance of a Notice to Proceed for the
construction o(the Work(typically, NTP2), Contractor shall submit to Consultant for ConsultanPs review and
accephance:
6.2.1. A project"Base Line"schedule, one (1)copy on a CD and One (1) haM mpy(activities arranged in
"waterfall"), in the indicated form for Final review and approval, in accordance with Ne Projed Scheduling
Format required in the Imitation to Bid Summary.
(CPM shall be interyreted to be generally as outlined in the Association of General Contradors (AGC)
publication, The Use of CPM in Construction,°)
Contractor shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Eady
StarP 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 imporlant materials
and/or equipment, and Logic relationships of activities including physical and site resiraints.
The preliminary Base Line projecl schedule when submitted shall have attached a run o( ihe programs
genereted error report ihat sfates no errors antl be accepta6le to ConsuAant and City.
Monthly, Coniractor shall submit with each Application for Payment an update of the Pmject 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 pd�. In addition to the Progress Schedule Contrector 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 Prog2ss Schedule for puryoses 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 ihat Contractor or the professional who peAorms scheduling have a vast
knowledge in the use of the required scheduling soflware 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 laok ahead
schedule for review and discussion and monthly be prepared lo disass any:
i) Proposed changes to ihe Base Line schedule logic;
2) Explain and provide a navative for reasons why logic changes should 6e made;
3) Update to individual subcontrador activilies;and
4) Integration of changes into tl�e schedule.
I ' I c��e�al Co�d��rons b�Consi��ci�o��Co��eo�+.Wpel I 9. 9010�
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The Project Schedule shall be the basis of the Contractors Work and shall be complied with in all respeds.
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 fo� all of the Work which may include quantities and pnces of items aggregating the
Con[ract Pnce and will subdivide the Work into component paAs in sufficient detail to serve as the basis for
progress payments dunng construdion. Such prices will include an appropnate amount of overhead and
proft applicable to each item of work which will be confrmed in wnting by Conirador at the time of
submission. If requested by the City, Contraclar shal�pmvide additional breakdowns as to any line item, to
show labor,equipment, materials and overhead and proft.
6.2.4. After award but prior to the submission of the progress schedule,Consuliant, Coniract Administrator
and Contrador shall meet with all utility owners and secure from ihem a schedule of utility relocatioq
provided,however,tha[by facilitating Contractor's efforts to coordinate with such utilities,City is not assuming
ihe 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 Contrador starts the work at the Projed Site, a
conference atlended by Confractor,Consultant and others as deemed appropriate by Contract Administrator
will be held to disass the schedules to discuss procedures for handling Shop Drawings and other submittals
and for pmcessing Applications for Payment,and to eshablish a working understanding among ihe parlies as
to the Work.
6.2.6. Within fve (5) days (rom the Project Initiation Date set foRh in the Notice to Pmceed, a pre-
construction meeting attended by Contrador, Consultant and others, as appropriate, will be held to fnalize
the schedules submitled. Within ten (10)days after the Project Initiation Date set fodh in Notice to Proceed,
the Contractor shall revise the original schedule submittal to address all review mmmenis from the CPM
review conference and resubmi[for ConsuAant review. The fnalized progress schedule will be accepted by
Consultant only as providing an ordedy progression of the Work to completion within the Coniract Time, but
such acceptance shall not constitute acceptance by City or Consultant of ihe means or methods of
constructlon or of the sequencing or scheduling of the Work, and such acceptance will neither impose on
Consultanf or Cily responsibility for the progress or scheduling of the Work nor relieve Contractor from full
responsi6ility therefore. The fnalized schedule of Shop Drawing submissions must be acceptable lo
Consultant as providing a workable artangement for processing the submissions. The fnalized schedule of
values must be acceptable to Consultant as to fortn and subsfance.
6.3. Reeovery Schedule.
6.3.1. If Contradors Work, or any podion of the Work, becomes more than (30) days behind
schedule, if the Work on any cntical path item or adiviry delineated in the Project Schedule is delayed for a
period which exceeds 5°h of the days remaining until a completion deadline tor an item in the Project
Schedule,or if the reasonably appears that the Contractorwill 6e unable to meet the deadlines of the Project
Schedule,the City may notify Conirador 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 Contrad Documents("Recovery Schedule"),a%er
taking inlo account Excusable Delays (as hereinafter defined) and permitted extensions of ihe Projed for
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review and acceptance within seven (7)days following notifcation 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 accepled or rejeded. Within fve (5) business days
afler City's rejection of any Recovery Schedule, Contraclor will resubmit a 2vised Recovery Schedule
incorporating City's comments. If ihe City accepts ConUactors Recovery Schedule, Contractor shall, within
fve (5) business days after Cilys accephance, incorporate and fully Include the Recovery Schedule into lhe
P�ojed Schedule and deliver same to City.
6.3.3. If the Contractor falls to provide an acceptable Recovery Schedule, as determined by CiTy
in its sole discrelion, that demonstrates Contractor's ability to timety follow the Project Schedule, the City
may,without prejudice to any other rights and remedies available to the Ciry hereunder or otherwise,declare
an Event of Default or order the Contractor to employ such eziraordinary measures, including acceleration
of the Work,and other measures, including substantially increasing manpower andlor necessary equipmenl,
as may be necessary to bnng the Work inlo conformity with the Project Schedule.
6.4. SubsWntial Comoletion. As a condition of Substantial Completion,all of the following must occur:
6.4.1. All Work affeding the operability of the Projed or safety has been completed in accordance
with ihe Contract Documents;
6.4.2. If applicable,all pre-commissioning adivifies,including alignment,balancing,lubricalion and
frst-fill, have been completed;
6.4.3. The Work may be operated within manufacturers' recommended limits (wifh all installation
� instmctions, operetions and maintenance manuals or InsWctions for equipment furnished by Contraclor,
catalogs, product data sheets for all matenals fumished 6y Contrador and similar information provided), in
compliance with Applicable Laws,and without damage to ihe Work or to the Projed;
6.4.4. Contractor has corrected all defecls,deficiencies andlordiscrepancies to ihe entire Work as
identifed by the City or the Consultant, and the Consultant confrtns such mrtections have been made in
writing;
6.4.5. The most recent updated set of "as-builP drawings reFlecting ihe progress of ihe Work
through Substantial Complelion (in native file format, such as autoCAD);
6.4.6. When Contredor believes it has achieved Substanfial Completion,ConVador shall request
an inspection by the City and the Consullant, and shall provide the Ciry wilh evidence suppoRing its
assessment of Substantial Completion, includinq any specific documents or information requested by the
City to assisl in its evaluation thereof. Contractor shall,prior to said inspection,develop its preliminary Punch
list for input and comment by the City antl the Consultant Once the preliminary Punch List is submitted to
the City, the City and its representatives shall then schedule a walk-ihrough of the Project with Contrector
and the ConsultanL Following the walk-through,Contractor shall develop and provide Cily wilh the list of all
remaining items of Worklo be completed or corrected,and which incoryorates items and comments identlfed
or provided by the City and ConsuBant comments and is cerlifed for completeness and aceuracy by the
Consultant ("Substantial Completlon Punch LisP), provided, however, lhat failure to include any items on
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such Subsfantial Completion Punch List does not alter the responsibility of tl�e ConUactor to complete all
Work in accordance with the Coniract Doaments;and
6.4.7. Any and all appuAenances, utililies, Iransportation aRenes and any olher items required
under the Contract Documents and necessary to serve that portion of lhe Wo�k are suffciently completed,a
temporary ceAificate of completion or Cedifcate of Occupancy,as applicable,is issued for the Work for which
a Certifcate of Substantial Completion is being sought andlor all conditions or requirements of aumorities
having jurisdiction are wmplied with,to permit the City to utilize and occupy ihat portion for its intended use
in accordance with the Contrect Documents without material interference from any incomplete or improperly
completed items of Work;
6.4.8. With respect lo any Project for which a right-of-way pertnit is required from the City's Public
Works Department or which includes a fnal lift of asphalt as part of ihe Work, in no event shall Substantial
Completion occur prior to the final IiN of asphalt and acceptance thereof by the agencies having jurisdiction
(including,without limitation,ihe City's Public Works DepaRment).
6.5. Certificale of Substantial Completion. Any determination by ihe ConsuAant and the Contractor of
Subshantial Completion shall not be binding on the City, and the ullimate determination of Substantial
Completion shall rest with the City and shall be evidenced by the City's exeating and returning to the
Contrador its Certifirate of Subsfantial Complelion (or Partial Substantial Completion, as applicable).
6.5.7. When the City,on ihe basis of an inspection,determines that the Work or designated podion ihereof
is substantially complete, and when tl�e Contrector has complied with all other conditions precedent to
Substantial Completion provided for in the other Contract Documenis,lhe City will then prepare a Certifcate
of Substantial Completion which shall establish ihe Substantial Completion Date, shall state the
responsibilities of Contractor, if any, for seanty, maintenance, heat, utilities, damage to the Work, and
insurance,and shall fix the time within which the Conirador shall complete the items listed in the Substantial
Completion Punch List. If the City issues a Cedificate ot Substantial Completion on the basis of paRial
completion of the Project,or upon the basis of a partial or temporary cedificate of occupancy or certifcate of
complefion,as applicable,City may include such additional conditions,as it deems appropriate lo proted its
interests pending substantial completion of the entire Project or issuance of a permanent certificate of
occupancy or cedifcate of mmple[ion, as applicable.
6.5.2. The City shall not unreasonably withhold or condition acceptance and exewtion of a Cedifcale of
Substantial Completion (or a Notice of Partial Substantial Completion); provided, however, the Project shall
not be deemed Substantially Complete and ihe City shall not execute a CeRifrate of Substantial Completion
until all of[he criteria forachieving Substantial Completion as identifed in the Contract Documenis have been
satisfied,and(2)in ihe case of a podion of the Projecl,the conditions sel fodh this Adicle 6 relating to Partial
Subshantial Completion shall have been satisfed.
6.6. PaAial Subsfantial Comoletion. Padial Substantial Completion of the Work shall occur when the
City determines that a portion of tl�e Work,as defined in the Contract Documents andlor othenvise by togical
boundaries, is Substantially Complete in accordance with the Contracl Documents. The City may(but shall
not be obligated to)agree that a poAion or component of the Work,accepfa6le to the City in its sole discretian,
may be certified as Substantially Complete provided that:
6.fi.7. The requirements provided in this Adicle 6 for issuance ot a Certifcate of Substantial Completion
are complied with for ihe poRion of ihe Work for which a Notice of Padial Substantial Completion is being
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sought;
6.6.2. Such portion and any and all appurlenances, utilities, transportation arteries and any other items
required under ihe Contract Documenis and necessary to sene that portion of the Work are suffciently
completed,a temporary ceNfcate of completion or Certificate of Occupancy, as applicable, is issued for the
porlion of ihe Work for which a Certifcate of Padial Substantial Completion is being sought andlor all
conditions or requirements o(authorities having junsdiction are complied with,to permit the City to utilize and
occupy that portion for its intended use in accordance with ihe Contract Documents without material
interference from any incomplete or impropedy completed items of Work;
6.6.3. The City is fully able to use and oceupy the portion of the Work for ihe purposes intended and the
Coniractor separates the podion of ihe Work which is Substantially Complete from non-complete areas of
the Project in order to prevent noise, dust and otl�er construction disturbances which would matenaliy
intedere with ihe use of such podion for its intended use in accoNance with the Contrect Documents and to
assure the safety of Ihose entenng,exiting and occupying the Substantially Completed portion of the Work;
6.6.4. PaRial Su6stantial 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 poRion of Work Substantially Complete) or for the performance of Work not
complete at ihe time of Partial Substantial Completion.
6.7. Liquidated Damaaes.
67.1. Upon failure of ConUactor to achieve Substantial Completion within the time penod specifed in the
Invitation to Bid Summary for Substantial Completion, as such date may be exlended pursuant to the terms
o(the Contrect Documents, Contrador shall pay to City the sum specifed in the Invitation to Bid Summary
for"Liquidated Damages"for each calendar day after ihe time specifed in the Imilation to Bid Summary for
Subshantial Completion, plus any approved time extensions, for Subslantial Completion. Partial Subsfantial
Completion shall not relieve Contrador of any responsibility for Liquidated Damages for failure to timely
achieve SubstanGal Completion.
67.2. After Substantial Completion is achieved, should ConVaclor fail to complete the remaining Work
within the time specifed in the Invitation to Bid Summary for Pinal Completion,plus approved time extensions
thereof, Contrador shall pay [o City the sum set fodh in ihe Invitation to Bid Summary as "Liquidated
Damages" for each calendar day after the time specifed in the Invitation to Bid Summary Por Final
Completion, plus any appmved eztensions.
6.7.3. Contractor agrees that the Liquidated Damages set forth herein are not penaAies and have been set
based on an evaluation by City of damages to City and the pubiic caused by untimely performance. Such
damages may include loss of revenues ta the City, and additional costs of administenng this Agreement,
induding Project stafl, legal, accounting, consultanis 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 �amages in oMer to fix Coniractors costs
and to avoid later disputes over which ilems are propedy chargeable to Contrador as a consequence of
Contractors delays.
2� I ���eml Co��di�o��s for Cansm�cilon Com���cis W�r1 13, 20201
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The above-stated liquida[ed damages shall apply separately lo each poRion of Ihe Project fir which a time
for campletion is given. City is authonzed to deduct liquidated damages from monies due to Contredor 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 Contractorfor cause and whether or not
Surety completes the Project after a Default by Coniractor.
Liquidated Damages shall apply solely to claims ansing from delay in meeting any milestone tor which the
nght lo assess Liquidated Damages is specifed, including, without limitation, Substantial Completion, and
Final Comple[ion,and shall be the City's sole remedy for delay,and are nol intended to,and do not, liquidate
Contrector's liability under any other provision of ihe Contractor pocuments for other events not specifcally
referenced in this Adicle 6. Liquidated Damages shall not liquidate Contractors liability under the
indemnifcation 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 Conirad Documents, including, without limitation, any
additional design fees that may be due to the Consultant relaled thereto. All such costs shall be deducted
from the monies otherwise due ConlracWr for performance of Work under ihis Agreement by means of
unilateral credit or deductive Change Orders issued by City.
In the event a coud of competent jurisdiction determines that any Liquidated Damages amount herein is
unenforceable nolwithstanding Contractors agreement herein that such amounts are fair and reasonable,
Contractor shall not be relieved ot ils obligafions 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
Contrect Documenfs. Without limiting the foregoing,City and Contrador covenant not to bnng any action in
a court of competent junsdiction that would ask the couA to rule that the Liquidated Damages amounts are
not hir and reasonable.
6.8. Beneficial Occuoancv. Beneficial Occupancy shall occur when ihe City determines that a portion
of the Work may be occupied prior to Subshantial Completion. City may take Beneficial Occupancy in
accordance with ihe provisions of the Coniracl Documents.
6.8.7. Pnor to the anticipated date of Benefcial Occupancy, Conirector shall separate the podion of the
Work to be occupied from non-complete areas of the Projed in order to prevent noise, dust and ofher
construclion disturbances which vrould materially inlerfere with the use of such portion for its intended use in
accoMance wiih the Contract Documents and to assure the safety of those entering, eziting and occupying
the completed poRion to be occupied.
6.8.2. Beneficial Oceupancy shall not constitute Substantial Completion or Final Completion of ihe Work,
nor shall it relieve tt�e Cantractor of any responsi6ility for the cortection of Work(whether or nol included in
the portion of Work to be occupied) or for the performance o(Work not complete at the time of Benefcial
Occupancy.
6.8.3. After Beneficial Occupancy and as conditions of Substantial Completion,the Contraclor shall deliver
to the City complete as-built drawings, all approved Shop Drawings, maintenance manuals, pamphlets,
chaAs, parts lists and specified spare parts,operating instruclions and other necessary documents required
for all instailed matenals, equipment, ar machinery, all applicable warranties and guarantees, and the
appropriate cedifcate of occupancy or certifcate of completion that are related to the portion ot ihe Wark
being oceupied.
1: I ����al Co��d�ixo�s for Cansrcuciion Cammcn Wpril 13, J070�
6.8.4. Contractars insurance on the unoccupied or unused podion or portions of ihe Projed Site shall not
be canceled or lapsed on account of such Beneficial Occupancy.
6.8.5. ConUactor shall be responsible to maintain all utility services to areas occupied by Ne City until Final
Completian.
6.9. Final Comoletion. Final Completion of ihe Project shall be deemed to have occurred if all the
following have occurred:
6.9.7. Suhstantial Completion o(the entire Project has ocaved;
6.9.2. The Work can be used and operated in accordance with Applicable Laws beanng on the performance
of the Work and applicable permits;
6.9.3. NI spare pads, 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 fnal inspections have been performed;
6.9.5. Contrector has satisfed the additional conditions prescribed by the City in conjunction with a
Cedifcate of Substantial Completion issued on the basis of padial completion of the Project, or a partial or
temporary Cerlifcate of Occupancy or Certifcate of Completion,as applicable;
6.9.6. Contractor has delivered evidence to ihe City that all permiGs that are Contractor's responsibilities
as specifed under the Contract Documents have been satisfed and closed, and that a Certifcate of
Completion or Certifcate of Occupancy(as applicable) has been issued by the authonty having junsdiction,
and the Project or designated portion thereo( is sufficiently complete in accordance with the Contrad
Documenis and can be used for its intended purpose for uninterrupted operation,including,without limitation,
accepfance of wmpleted as-builts,if required by the agency having junsdiction.
6.9.7. Contractor shall have provided to City fnal releases and complete and unconditional waivers of liens
for all Work pedormed 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 cedifcation identifying all outstanding Claims(exdusive
of any Liens or other such encumbrances which must have been discharged) of Contrector (and of its
Subconiractors, Suppliers and any other party against Contractor) with written documentation reasonably
su(ficient to support andlor substantiate such Claims;
6.9.9. Contractorshall have delivered to the City a wntten assignment of all warranties or guaranties which
Contractor received 6om Subcontractors or Suppliers to the extent Contrector is obligated to do so;
6.9.70. Contrador shall have delivered to City a complete set of as-built documenis and Project Records
prepared in accordance with the Coniract Documents;
?I �^eml Co�iduions lor Conswcson Commns Wpnl 13.2020)
i
6.9.17. Contraclor has delivered to City all other submittals required by the Contrad Documents, induding
all installation insiructions,operetions and maintenance manuals or instructions for equipment fumished by
Contractor,catalogs, produd data sheets for all matenals fumished by Coniractor and similar information;
6.9.12. All rubbish and debns have been removed from the Projed Site�, and
6.9.13. All Construction aids,equipment and matenals have been removed from the Project Site.
6.9.74. Contractor has delivered to the City all exeated warrenties and guarantees required by the Contract
Documenis,all of which shall 6e in the name of the City and run to ihe beneft of the City;
6.9.15. If applicable, certifcates of insurance indicating that any insurance required of the Contractor or
Subcontrac[ors by the Contrad Documents shall remain in full force and effed forthe required period of time;
6.9.16. Any other documentation establishing payment or satisfaction of obligations, including receipis,
releases and fnal waivers of lien from the Contractor and all Subcontractors,to the extenl and in such fortn
as may be reasonably required by the City;
6.9.77. Final Completion is a condition precedent to City's fnal payment to Contraclor and issuance of the
Pinal Certifcate for Payment Final payment shall be made only after the City Manager or his designee has
reviewed a wntten evaluation of ihe performance of Contrador prepared by ihe Contract Adminisirator, and
approved the fnal payment.
6.9.78. Waiver of Claims. The release by ihe City and acceptance of the final payment by Contractor
shall operate as and shall be a release to ihe 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 anylhing done
or furnished or relating to ihe Work or ihe Project, or fmm any act or omission of ihe City relating to or
connected with ihe Contrect Documents, the Work or the Project, except those Claims or liabilities, if
any, for which the Contrador has provided the City with written notice pursuant to and in sirid
compliance with the "Claims" and notice requirements set foAh in ihe Contrect Documents, and
containing a detailed reservation of rights that identifies the precise naNre of the dispute, all facts in
support of Contractors Claim,the paAicular scope of Work giving rise to ihe Claim,and the maximum amaunt
andlor time sought in connection with the Claim.
ARTICLE 7. INSPECTION OF WORK;CORRECTION OF
NON•CONFORMING OR DEFECTIVE WORK.
1.7. Consultant, City (and its authonzed 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
Contractar shall provide proper facilities for such access and tor inspecting,measuring and lesting.Whenever
requested, Contractor shall give the City and any inspectors or representatives appointed by the City(ree
access[o its Work during normal working hours either at ihe Projec[Site or its shops,factones,or places of
business of Contractor and its Subcontractors and suppliers for properly inspecting matenals,equipment and
Work,and shall fumish them with full informalion as to the progress of the Work in its vanous parts.
7.2. Should lhe Contrect Doamenis, ConsultanYs instructions, any laws, ordinances, or any public
authonty require any of the Work to be specially tested or approved, Contractor shall give Consultant timely
notice of readiness of the Work fortesting. If the testing or approval is to be made by an authonry other than
;�i � Cad�,�,��1 Co��tln�om lor Consimciio��Co�n�oci5�Apol 13, 20L01
City, timely notice shall be given of the date Flxed for such testing. Testing shall be made promptly, and,
where pradiqble, at the source of supply. If any of the Work should be mvered up without approval or
consent of Consultant,it must, if required by Consultant,be uncovered for examination and properly restored
al Contrectors expense.
7.3. Reexamination of any of the Work may be ordered by Consullant with prior wntten approval by the
Contract Administrator, and if so ordered,the Work must be uncovered by Coniractor. If such Work is found
to be in accordance with the Coniract Documents, City shall pay ihe cost of reexamination and replacement
by means oi a Change Order. If such Work is not in accoMance with ihe Contrect Documenis, Contractor
shall pay such mst.
1.4. Inspectors shall have no authonty to permit deviations hom, or to relax any of Me provisions of, the
Contract Doamenls or to delay the Con[ract by failure to inspect the matenals and work with reasonable
promptness without the written permission or insWdion 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 sinctly prohibited,
and any such act on the paR of Contractor will constitute a breach of this Contrad.
7.6. The ConVaclor shall coordinate all technical inspection and testing provided by professionals
designated bythe City,the Consultanl, permitting authonties, and others.The Contractor shall also schedule
the services of independent testing laboretones and provide the necessary testing of matenals to ensure
conformance to the Contrect Documents and provide a copy o(all inspection and testing reports to the City
on the day of inspection or test The Contrector shall provide reasonable prior notice to appropriate inspectors
before the Work is covered up, but in no event less than 24 haurs before the Work is covered up. All costs
tor unmvering Work not inspected and any reconstruction due W lack of reasonable prior notice shall be
bome by Contrador at its sole cost and ezpense. Any 6me billed by inspectors for inspedion where ihe
Work is not ready to be inspected shall be at Contractots sole cost and expense. If any members o(the
Project team are lo observe said inspections, tests or approvals required by the Contrad Documents, they
shall be notifed in wnting bythe Contractorofihe dates and times of the inspections,tests orother approvals.
The ContiacWr shall schedule,direct and/or review the services of or the reports and/or fndings of surveyors,
emimnmental consultants and testing and inspection agents engaged by the City. All Matenals and
Equipment furnished by Coniractor and Work performed by Conirador shall at all times be subjed 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 authonlies, uncover such
Work for examina5on and testing,and shall re-cover same at Con[ractors expense.
7.7. Defective or Non-Conformina Work.
7.7.1. Consultant and City shall have the authonty to reject or disapprove work which either Consultant ar
City find to be defedive. If 2quired by Consultant or City,Contrador shall promptly either correct all defective
work or remove such defective work and replace it with non-defective work. Contractar shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboretories and
personnel.
7.7.2. Should Contractor hail or refuse to remove or covect any de(ective work or to make any necessary
repairs in accordance with the requirements of ihe Contract Documents within the time indicated in wnting
. � I c��d�oi a,�d�i�o��,i�,c���,��������c��,����„wi,�ri i a. �o2oi
i
by Consultant,City shall have the authonty to cause me defective work to be removetl orcorrected,or make
such repairs as may be necessary at Coniractors expense. Any expense inarred 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 Contraclor to make
all necessary repairs promplly and fully,City may declare Contrador in default.
77.3. If,within one(1)year after the date of Substantial Completion or such longer penod of time as may
be prescribed by the terms of any applicable special wartanTy 2quired by the Contract Oocuments,or by any
specifc provision of ihe Contracl Documents, any of the Work is found lo be defective or not in accordance
with the Contract Documenls,Contrador,afler receipt of written notice from City,shall promptly mrrecl such
defedive or nonconforming Work wilhin the time specified by City without cost ro City, ro do so. Nolhing
contained herein shall be construed lo establish a period of limitation with resped to any other obligalion
which Contrador might have under ihe Contract Documents including but not limited to, Contractors
warranty obligalions hereof and any claim regarding latent defects.
7.7.4. Failure to reject any defeclive work or malenal shall not in any way prevent later rejedion when such
defecl is dismvered,or obligate City to fnal acceptance.
7.8. Cleanina Up� Citv's Riaht to Clean Up. Contrador shall at all times keep lhe premises free from
accumulation of waste materials or mbbish caused by ils operalions. At the completion of the Project,
Contractor shall remove all its waste matenals and rubbish from and about the Project as well as its tools,
consWction equipment, machinery and surylus matenals. If Contrador fails to clean up during Me
prosecution of Me Work or at the completion of the Work, City may do so and the cost thereof shall be
charged to Coniractor. If a dispute arises belween Confractor and separate contractors as to their
responsibility for cleaning up, City may clean up and charge the wst thereof to lhe contractors responsible
therefore as Consultant shall determine to be just.
ARTICLE 8. SAFETY AND PROTECTION OF PROPERTY.
8.7. Contractorshallbesolelyresponsibleforinitiating,maintainingandsupervisingallsafelyprecautions
and programs in connection with the Project. Contractor shall take all necessary precautions for the safety
of,antl shall provide the necessary protection to prevent damage, injury or loss to:
8.1.7. All employees on the work site and other persons who may be affeded thereby;
8.1.2. All the work and all matenals or equipment to be incorporated therein,whether in storage on or off
the Project Site;and
8.1.3. Other property al the Projed Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or replacement in ihe
course of construction.
8.2. Contractor shall comply with all Applicable Laws for the safety of persons or pmpeRy or to protect
them from damage,injury or loss;and shall ered and maintain all necessary safeguards for such safety and
protedion. City and Contractor shall notify owners of adjacent property and utilities when proseation of the
work may affed them. Contractor shall be responsible for and shall remedy all damage, injury or loss to any
property,caused direcUy or indirectly,in whole or in pad,by Contractor,any Subwntractor,or anyone directly
or indireclly employed by any of them or anyone for whose acts any of them may be 1ia61e. ConUactors
, � I Ca��x�d Cond�iionslo� Cunzeudiu��ConuucslAynl 13. 20201
I
duties and responsibilities for the satety and protection o�the work shall continue until such time as all the
Work is completed and Consultant has issued a notice to City and Contrector that the Work is acceptable
except as otherwise provided in the Contract Documents.
8.3. Contrador shall designate a responsible member of ik organization at the Work site whose duty
shall be the prevention of accidents. This person shall be Contractors Construction Supenntendent, unless
otherwise designated in wnting by Contrector to City.
8.4. Contractors Resoonsibililv foi Damaaes and Accidents.
8.4.1. Contrador shall accept full responsibility for the Work against all loss or damage of whatsoever
nature sustained until fnal acceptance by City, and shall promptly repair any damage done from any cause
whatsoever.
8.4.2. Coniractor shall be responsible for all matenals, equipment and supplies pertaining to the Project.
In the event any such matenals,equipment and supplies are lost, stolen, damaged or destroyed prior to fnal
accepiance by City, ConUactor shall replace same without cosf to City.
8.5. Occuoational Health and Saferi.
8.5.1. In compliance with Chapter442, Florida Statutes,any toxic subshance listed in Section 38F�1.03 of
the Flonda Administra[ive Code delivered as a resull of this bid musl be accompanied by a Matenal Safety
Data Sheet(MSDS)which may be obtained from the manutadurec The MSDS must include the following
information:
a. The chemical name and the common name of the toxic substance.
b. The hazards or other nsks in the use of the toxic subsfance, including:
'. The potential for fre, ezplosion, corrosion, and reaction;
ii. The known awte and chmnic healih efleds of risks from ezposure, including the medical
conditions which are generally recognized as being aggravated 6y exposure lo the toxic
substance;and
iii. The pnmary routes of entry and symptoms of overexposure.
c. The proper p2cautions,handling pradices, necessary personal protective equipment,and other
safety precautions in the use o( or exposure to the toxic substances, including appropnate
emergency treatment in case of overexposure,
d. The emergency procedure for spills,fre, disposal,and first aid.
e. A description in lay terms of [he known specifc potential health nsks posed by the toxic
substance intended to alert any person reading this information.
The year and month, if available,that ihe information was compiled and ihe name,address,and emergency
telephone number of ihe manufacturer responsible for preparing the information.
I Cene�al Cand�ilions for Conrlwclion Gnnwcis IAV��I I8, 2010�
I
8.6. Huniwne and Trooical Storm Precautions.
8.6.7. Dunng such penods of time as are designated by ihe United States Weather Bu2au as being a
humcane waming or tropical storm aled, the Contractor, at no cost to the City, shall take all precautions
necessary to secure ihe Projed Site in response to all threatened sWrm events, regardless of whether ihe
CiTy or Consultant has given notice of same.
8.6.2. Contractor's Humcane Preparedness Plan shall, at a minimum, include the following: (1)monitonng
of the real time weather radar and insunng reasonable precautions are taken prior to and during inclement
weather conditions, from a severe thunderstorms to a calegory 5 hurncane, to prevent accidents and to
minimize property damage; (2) p2panng an emergency phone list showing home phone numbers of all
project personnel and subcontractors supervisors, induding all land lines and cell phones, to be used for
emergency purposes only; (3) ensuring the projed jobsite's equipment and buildings are protected,
identifying vulnerable work in pragress and determining how to best protecl it from damage, and capping all
incomplete piping to prevent sand flhation; (4) cleaning the entire projed, inside and out, removing trash
from lhe job site, clearing all matenals that can become airbome, verifying that all erosion and sedimenf
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 poRable toilets and secure all matenals and equipment,
anchoring or restreining everything lhat could blow away,and removing all non-essenlial barricades;and(6)
the documenting of condilions of the projed and tl�e surrounding area before and afler the incident
(photogrephs and video).
8.6.3. Contrector shall be solely responsible for all costs of all precaulions and Work covered by
Contractofs Humcane Preparedness Plan. Compliance with Contractors Humcane Preparedness Plan
shall not constitute additional Work.
8.6.4. Any additional Work not covered in ihe Hurncane Preparedness Plan relating to humcane waming
or tropical storm aled at the Project Site will be addressed by a Change Order in accordance with ihe Contrac[
Documenis.
8.6.5. Suspension of ihe Work caused by a threatened or actual storm event, regardless of whether the
City has directed such suspension,will entitle the Contractorto additional Contract Time as noncompensable,
ezwsable delay,and shall not give nse to a claim for compensable delay.
8.6.6. Within ten (10) calendar days aker the Project Initiation Date specifed in the Notice to Proceed,
Contractor shall submit to the City a Hurncane Preparedness Plan.
8.7. Lowtion and Damaae lo Existina Facilities Equipment or Utilities.
8.7.7. As far as possible, all existing utility lines in ihe Project area have been shown on the plans.
However,City does not guarantee that all lines are shown,or ihat,the ones indicated are in their true location.
As pad of ihe Contract Price, it shall be the Contractor's responsibility lo identify and locate all underground
and overhead utility lines or equipment affecling or affeded by the Project, whelher or not shown on the
plans.
87.2. The Contractor shall notiTy each utility company involved at least ten (10)days prior to the start of
construcGon lo arrange for positive underground location, relodtion or suppoA of its utility where that utility
may be in conflict with or endangered by the proposed construclion. Relocation of water mains or other
[h I C neral Go�d�ilion6loi ConNiuclion Canlwc�s Wpnl I 0. '7090�
,
utilities for the convenience of ihe Contrador shall be paid by the Conlractor. All charges by utility companies
(or temporary suppod of its utilities shall be paid for by the Contractor(for utilities indicated in the Contrad
Documents). All costs of permanent utility relocation to avoid conflict shall be the responsibiliry o(the ulility
company involved, if indicated in the Contract Dowments. No additional payment will be made lo ihe
Coniractor for u4lity relocations indicated in the Contract Documents, whether or not said relocation is
necessary lo avoid conflict with other lines.
8.7.3. If Contractor, as part of its responsibility to identify all utility lines, identifies utility conflicis which
materially differ Nom ihose indicated in the Conlracl Documents,such ulility conflicts(for items not indicated
in the Contract Documents) shall be addressed pursuant to the requirements of'Diffenng Site Conditions"
as set forth in Article 10 shall apply.
8.7.4. The Contractor shall reasonably schedule the Work,and ihe phasing thereof, in such a manner so
ihat the overall Project Schedule is not impaded and completion of ihe Work is not delayed by ihe utiliry
providers relocating or suppoRing their utilities. The Contrador shall coordinate its adivities with any and all
public and pnvate utility providers occupying the nght-of-way. No compensation will be paid to fhe Coniractor
for any loss of time or delay,except as provided in ARide 10 of the Contrad Documents.
87.5. All overhead, surface or undergmund sWclures and ulilities encounte2d are to be carefully
proteded 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 ihe Contrector. All such repairs made by
the Contrador are to be made to lhe satisfaction of the utiliry ownec All damaged utilities must be replaced
or fully repaired. All repairs are to be inspected by the utility owner pnor to backfilling.
8.8. Risk of Loss. The risk of loss to any of ihe 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 af the Work, or any such goods, materials and equipment, be
deslroyed, mutilated, defaced or otherwise damaged pnor to the time the risk of lass has shifted to the
City,the Contractor shall repair or replace Ihe same at its sole cost The Performance Bond and Payment
Bond or other sewrity or insurance protection required by the Contrect 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 INDEMNIN,
9.1. Performance 8ond and Pavment Bond:The Conlractor shall,within ten (10)business days of the
Contract Date, fumish and deliver to the City a paymen[ bond and a pedormance bond, in a form to be
provided by the City, issued by sureties licensed and authonzed lo 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 Subcontradors of any tier and
covering the payment of all o6ligations ansing hereunder including but not limited to, the paymen� for all
materials used in ihe performance of the Project in acwrdance with[he Contract Documenls,and forall labor
and services performed under the Contract Documents(including matenals, labor andlor services provided
by Subconsultanis and Subcontractors of any tier), whether by Subcontradors or otherwise. Each of the
aforesaid bonds(collectively herein referred to as ihe"Performance Bond and Payment Bond")shall have a
penal amount equal to the Contract Pnce, unless othenvise approved by[he City and to me extent permitled
by law. Each bond shall be increased in ihe amount of any change to ihe Contrect Price. Each bond shall
continue in effect for one (i)year after Final Completion of the Work.
� I cx„��i co��d��n���.r��c��,�w<n���c<,����„n.wv���i i:�. ��o�o�
i
The Performance Bond and Payment Bond and ihe sureties issuing such bonds shall meet all fhe
requirements set forth in the Contract Documents and the Performance 8ond and Payment Bond shall each
be in the form attached hereto or shall otherwise be accepfable 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 insuffcient security forihe penalty of said bond,then the City may,on giving ihirty(30)days'
notice thereof in wnling, require the Contractor to furnish a new andlor 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 satis(adory to the City. The Contractor shall pay all costs of compliance with this Article as part
of the Contrect Pnce.
Pursuant lo the requirements of Section 255A5(1)(a), Flonda Statutes, as may be amended from time to
time, Contractor shall ensure that Me 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 Securitv: In lieu ot a Performance Bond and a Payment Bond, Contrador may
fumish altemate forms of secunty which may be in the form of cash, money order, ceNfed check, cashier's
check or unconditional letter of credit in the form attached hereto,which shall be in accordance with Section
255.05, Flonda Statutes. Such altemate forms of secunty shall be subject to tl�e pnor approval of City and
for same purpose and shall be subject to the same conditions as ihose applica6le above and shall be held
by City for one year aker wmpletion and acceptance of the Work,
9.3. �ualification of Sureri: Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars($500,000.00):
9.3.1. Each bond must be exeated by a surety company of recognized standing,authonzed to do business
in ihe Slate of Florida as surety, having a resident agent in the State of Flonda and having been in business
with a record o�successful continuous operation far at least fve(5)years.
9.3.2. Thesuretycompanyshallholdacurrentcedificateofauthontyasaceeptablesuretyonfederalbonds
in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of
the Bond exceeds the undenvnting limitation set forth in tlte circular, in order to qualify, ihe net retention of
the surety company shall not exceed fhe underwnting limitation in the circular,and ihe excess nsks must be
protected by coinsurance, reinsurence, or other methods in accordance with Treasury Circular 297, revised
September t, 1976 (31 OFR Section 223.10, Sedion 223.111). Fudher, the surery company shall provide
City with evidence satisfactory to City,tl�at such excess nsk has been proteded in an acceptable manner.
9.3.3. The City will accept a surety bond from a company with a raling of B+or better for bonds up lo$2
million, provided, however, that if any surety company appears on the watch list ihat is published quartedy
by Intercom of the Offce of the Florida Insurance Commissioner, the City shall review and either accept or
rejed the su2ty company based on the f nancial information available to the City. A surety company that is
rejecled by the City may be substituted by[he Bidder or proposer with a surety company acceptable to the
CiTy,only if the bid amountdoes not increase. The following sets forth,in general,the acceptable parameters
forbands:
Policy- Financial
haldefs Size
AmountofBond RatinasCateaory
. I c.:�n:ial c��J�eions�oi corooucron camucis wv��� �J. Lo1o�
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ qass II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
9.3.4. For projeds of$500,000.00 or less, City may accept a Bid Bond, Perfortnance Bond and Payment
Bond from a surety company which has Iwice the minimum surplus and capital required by lhe Florida
Insurence Code at the time Ne invitation to bid is issued, if the surety company is othenvise in compliance
with ihe provisions of the Flonda Insurance Code,and if the surety company holds a currently valid certifcate
of authonty issued by the United States DepaRment of the Treasury under Section 9304 10 9308 0(Title 31
of ihe United Sfates Code,as may be amended from time ta time. The Cedifrate and AKdavit so cedifying
should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond.
9.3.5. Unless more sMngent surety requiremenis of any grantor agency are set fodh within the
Supplemental Conditions,ihe provisions of this Article shall apply.
9.4. Insurence Reauirements. The Bidder shall furnish to the Proarement Department, City of Miami
Beach, 1155 Mendian Avenue,3b Floor, Miami, Florida 33139,Certifcate(s)of Insurance which indiqte that
insurance coverage has been obtained which meets the requirements set forth in ihe Invitation to 8id
Summary(andlorezhibits thereto).
9.4.1. Additional Insured Sfatus. The City of Miami 8each must be covered as an additional insured
with resped to liability ansing out of work or operations performed by or on behalf of the Consultant.
9.4.2. Waiver of Subroaation.Contrador hereby grants to City of Miami Beach a waiver of any right to
subrogation which any insurer of the Coniractor 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 affed this waiver of subrogation, but this provision applies regaNless of whether or not ihe
City of Miami Beach has received a waiver of subrogation endorsement from the insurer.
9.4.3. Other Insurance Provisions.
a. For any daims related to ihis project,the Contractars coverage shall be primary insurance as
respects the City of Miami Beach, its oKcials, offcers, employees, and volunteers. Any
insurance or self-insurance mainfained by the City of Miami Beach shall be excess of the
Contredofs insurance and shall not contnbute with it.
6. Each policy required by this clause shall provide that wverage shall not be canceled, except
with notice to the City of Miami Beach.
c. Itany ezcavation work is induded in the Conirac[,it is understood and agreed that Contractor's
Liability policy shall not contain exclusion for XCU (6cplosion, Collapse and Undergmund)
coverage.
If any coverage 2quired is wntten on a claims-made form:
a. The retroadive da[e must be shown, and must be before the date of the cantrad or me
. I Cenerol Co��diiio��s br Cun�e��ctror,Co�mm�s IAyiil 13. 90L01
I
beginning of coniract work.
b. Insurence must be maintained and evidence of insurance must be provided for at leasl fve(5)
years aker completion of ihe contract of work.
c. If coverage is canceled or non-renewed, and not replaced with ano�her claims-made policy
form witl� a retroactive date prior to the contract eNedive date,ihe Conhactor must purchase
extended period coverege fora minimum of fve(5)years after completion of the contractwork.
d. A copy of ihe 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 identifcationl remediation, the
Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the
services involve mold identifcationlremediation, the Contrectors Pollution Liability shall not
contain a mold exclusion and ihe defnition of "Pollution" shall include microbial matter
including mold.
9.4.4. AccepWbiliN of Insurers. Insurance is to be placed with insurers with a current A.M.BesPs raling
of no less ihan A:VII, unless othenvise acceptable to the City of Miami Beach Risk Management Office.
9.4.5. Verifiwtion of Coverane. Contraclor shall pmvide the required insurance certifcates,
endorsements or applicable policy language eNecting coverage requi2d by this Article. All certificates of
insurance and endorsements are to be received pnor to any work commencing. However,failure to obtain
the required coverage pnor to the work beginning shall not waive the Contractors obligation to provide
them. The Cily of Miami 8each reserves the right to require complete, certifed copies of all required
insurance policies, including endorsements required by these specifcations,at any lime.
9.4.6. Soecial Risks or CircumsWnces. The City of Miami Beach reserves the right to modify these
requirements,including limits, based on the nature of the risk,pnor expenence, insurer,coverage,or other
special circumstances.
Certificate Holder:
CITY OF MIAMI BEACH
clo PROCUREMENT DEPARTMENT
1700 CONVENTION CENTER DRNE
MIAMI BEACH, FL 33139
Compliance with me foregoing requiremenis shall not relieve the vendor of his liability and obligation under
this section or under any other provision of the Contrad Documents.
9.5. Indemnifiwtion.
9.5.1. In consideration of ihe sum of Twenty-Five Dollars ($25.00) and other good and valuable
consideration, the sufficiency of which ihe Contraclor hereby acknowledges, to ihe fullest extenl permitted
by law, Contractor shall defend, indemnify and save hartnless City, and iheir respective officers and
employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attomey's
. : I C.�ne�al Conduio�a br Cunswciion Q��n���cis Wp���l 13. JOIO�
fees,to�he extent caused by the negligence, recklessness,or intentional wrongful miscondud of Contrector
and persons employed or utilized by Contractor in the performance of this Contract.
9.5.2. Sums otherwise due to Contrador under this Contract may be retained by City until all of City's
ClaimsforindemnificationunderthisCantradhavebeensettledorotherwiseresolved. Anyamountwithheld
pursuant to this Article shall not be subjed to payment of interest by City.
9.5.3. The execution of tl�is Contract by Contractor shall operate as an express acknowledgment that the
indemnifcation obligation is pad of ihe bid documeMs and/or Contract Documents for the Pmject and the
monetary limitation on indemnifcation in this ARicle bears a reasonable commercial relationship to the
Contred.
9.5.4. Nothing in mis ARilce is intended, or should be construed, to negate, abndge or otherwise reduce
the other nghts and obligations of indemnity that may othernise exist as to a party descnbed in this Adicle.
9.5.5. Nothing in this Article is intended to create in the public or any member thereof, a third party
benefciary hereunder, or to authonze anyone not a party to this Contrad, to maintain a suit for personal
injunes or property damage pursuant to the terms or pmvisions of this Contract.
9.5.6. The indemnifcation obligations set fodh herein shall survive the termination and/or expiration of this
Coniract.
ARTICLE 70. CHANGES IN THE WORK;
E7RENSIONS TO THE CONTRACT TIME.
10.7. Chanaes in the Work or Terms of Contrect Documents.
70.1.1. Without invalidating the Contract and without nofice to any surety City reserves and shall have the
ngM, from time to time to make such increases, decreases or other changes in the charader or quantity of
the Work as may be considered necessary or desirable to complete fully and acceptably ihe proposed
consVuction in a satisfactory manner. My e�Ara or additional work within the scope o(this Project must be
accomplished by means of appropnate Field Orders and Supplemental Instrudions or Change Orders.
10.7.2. Any changes to ihe terms of the Contrect Documents must be contained in a Change Order,
exeated by ihe Padies hereto,with the same formality and of equal dignity pnor to ihe initiation of any work
reflecting such change.This sedion shall not prohibit the issuance of Change Orders executed only by City
as hereinafter provided.
10.2. Field Orders.
10.2.7. The Contract Administrator, through Cansultant, shall have ihe right to approve and issue Field
Orders setting (oM written interyretations of the intent of the Contrad Documents and ordering minor
changes in Work execution,providing ihe Field Order involves no change in the Contract Pnce or the Coniract
Time.
70.2.2. Consultant shall have the nght to approve and issue supplemental instructions setting foRh wntlen
orders,instructions,or interpretations concerning the Contrad Documents or its performance,provided such
supplemenfal insiructions involve no change in the Contracl Pnce or tl�e Contract Time.
� I ����aml ConJleoriz b�Consimdi�ri Commns IAp��I 13. 90901
f
70.3. Chanae Orders.
10.3.1. Changes in ihe quantity or character of the Work which are not properly the subject of Field Orders
or supplemenfal inslructions,including all changes resulting in changes in the Contracl Pnce,or the Contrad
Time, shall only be authonzed 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 otherv+ise pmvided in the Change Order or Construdion Change Diredive. 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 ihe Owners Contingency
shall be approved by the City Commission. All other Change Orders, if funded by themremaining amounGs
available in Ne Owners Contingency, shall be appmved in advance by the City Manager or ihe City
Managers designee. Nohvithstanding lhe foregoing, ihe Ci1y Manager, at his or her sole discretion, may
elect to present any pmposed Change Order to the City Commission for iGs consideration.
70.3.3. If Ciry 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 ihe cost and/ortime impacts associated with the request.
Within lwenty-one (21) days of Contradors receipt of City's initial request, the Conhactor shall submit a
detailed proposal to the Ciry stating (i)the proposed increase or decrease, if any, in the Cost of the Work
which would result irom such a change, (ii) ihe effect, if any, upon the Contract Time by reason of such
proposed change, and (iii) supporting dala and documentation, including any requested by the City in its
change request.
70.3.4. If the Contractor proposes a change in the Work, such proposal must be accompanied by a
detaiied cost breakdown and sufficient su6stantiating data to permit evaluation bythe City.If the Contraclor
does submit a pmposal within lhe preceding seven (7) business day time penod, ihe City shall, within
twenty-one (21) days following its receipt of such proposal, notify the Contraclor 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 specifes: i)the detailed scope associated with the change to the Work; ii)the amount of the
adjustment in the Conlracl Price, if any, and (iii)the eztent of the adjustment in the Contract Time, if any.
In the event the City disagrees with the Contrector's proposal,ihe City may either(i) notify the Contrector
that the City has decided to not proceed with or approve Me requested change, or (ii) issue a Change
Order as provided below.
70.3.5. The increase or decrease in the Conirec[ Pnce resulting from a change in �he Work shall be
determined in one or more of ihe following ways�.
a. by mutual acceptance of a lump sum(inclusive of all overhead and profit) properly itemized
and supported by suffcient substantiating data to permit evaluation by the Consultant and City;
b. by unit prices as may be specifed in the Contrad Documents or subsequently agreed upon;
c. by time and matenals or"cost of the Work" (as defined herein) and a mutually acceptable
fxed or percentage overhead and proft fee for the Coniraclor.
. � cx.,��i co�d���o���ro� c��.a���n���c���i�a�u wv,�i i 3, �o�oi
10.3.6. If none of the methods set fodh above are agreed upon,ihe Coniractor,provided it receives a wntten
Change Order signed by the City with respect to all undisputed amounis and Work, shall promptly proceed
with the Work involved, subject to Contrectors reservation of rights as to disputed amounts (with such
reservation of nghts identifying Ne precise nature of the dispute, ihe facts in support of the Contrador's
position,and the maximum amount andlor time sought by the Contractor).The cost af such Work shall then
be determined on the basis of the reasonable expenditures and savings of those performing ihe Work
attnbuted to the change, including a reasonable overhead and profit in accordance with this Article. With
2sped to any such Change Order Work,the City,with the Consultant,will establish an estimated cost of the
Work and the Coniractor shall not perform any Work whose cost exceeds that estimate without pnor wntten
approval by ihe City. With respect to all Change Orders, Contractor shall keep and present, in such form as
the City may prescnbe, an itemized accounting together with appropnate suppoding data of ihe increase in
ihe Cost of the Work.
10.3.7. If unit pnces are included in the Contrac[Documents or as pad of any Change Order, City shall pay
to Contractor the amounts determined for the total number of each of ihe units of vrork completed at the unit
pnce associated with such Work as stated in the Contractor's schedule of pnces bid, as set fodh in
Contractors response to the ITB, The number of units contained in the bid is an estimate only, and fnal
payment shall be made for the actual number of units incorporated in or made necessary by the Contrect
Documents, as may be amended by Change Order. If additional unit pnce work is ordered, ihen the
Coniractor shall perform the work as directed and shall 6e paid for the adual quantity of such item(s)of work
performed at ihe appropnate original schedule of pnces bid associated with such Work.
70.3.8. Decreases in the Cost of ihe Work due to a change in the Project shall resull in a decrease to the
Contract Pnce, by way of a deductive Change Order.
70.3.9. The Contractors overhead and proft fee for all Change Orders shall be the net change in the
Contract Pnce,multiplied by the percentage specifed for overhead and profit in ihe Change Order, provided,
that the overhead and pmfit ma�Cup or fee shall be as follows:
(1) if the Change Order Work involves self-performed Work performed by the Contractors own
forces, the overhead and profit markup shall be reasonable, and shall not exceed ten percent(10%)of the
net change in the Coniract Pnce;or
(2) if the Change OMer involves Work performed by Subconfraclors or Suppliers, or both, the
overhead and profit markup shall be reasonable, and the overhead and proft markup from Subcontractors
and Suppliers at all tiers shall not exceed len percent 10%of the net change in ihe Cont2d Price, and ihe
Contradors mark up for such Subcontractor performed Change Order Work shall not exceed seven and one
half percent(7.5�0)of ihe net change in the Contrect Pnce.
For deductive Change Orders, including deductive Change Orders ansing from both additive and deductive
items,the deductive amounts shall include a proportionate corresponding reduction in the overhead and proft
fee,as applicable to the Coniraclor,Su6contradors or Suppliers,
10.4. Value of Chanae Order Workl"Costs of the Work". The term"cost of the Work" means the sum
of:
. I ��neial Cond��iioio foi�nswciion Commc�s Wpr�l 13. 9090�
I
10.4.7. All direct costs necessanly inwrred and paid by Coniractor in the proper performance of the Work
descnbed in the Change Order. Ezcept as otherwise may be agreed to in wnNng by City,such costs shall be
in amounts no higher than those prevailing in the locality of the Project,shall include only ihe following items
and shall not inGude any of the cosls itemized in the"cost of work"as defned herein.
70.4.2. Payroll cosis (or employees in the direct employ of Contractor in the perfortnance of the work
described in the Change Order under schedules of job classificalions agreed upon by Ciry and Contrector.
Payroll cosls for employees not employed full time on the work covered by the Change Order shall be
appodioned on ihe basis of their time spent on the work. Paymll costs shall include, but not be limited to,
salaries and wages plus tl�e cost of fringe benefits which shall include wcial security conMbulions,
unemployment, excise and payroll taxes, workers' or workmen's compensation, healih and retirement
benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include
supenntendents 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 ta ihe extent authorized by City. Contradors fee
shall not exceed ten peroent(10%).
10.4.3. Cost of all matenals and equipment fumished and inwryorated in ihe work, including wsts of
transportation and storage thereof, and manufadurers' feld senices required in connection therewith. All
cash discounts shall accrue to Contrador unless City deposits funds with Confractor with which to make
payments, in which case the cash discounis shall accrue to City. All trade discounts, rebates and refunds,
and all reWms from sale of surplus matenals and equipment shall accrue to City and Contractor shall make
provisions so fhat lhey may be obtained. Renfals of all constmc[ion eQuipment and machinery and the pads
thereof whether rented from Contractor or others in accordance with rental agreements appmved by City with
the advice of Consultant and ihe costs of iransportation, loading, unloading, inslallation, 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.Contradors fee for
overhead and profit markupfor ma[enals and equipment pursuantto this Sedion shall not exceed ten percent
(10°h)of the net change in the Contract Pnce.
70.4.4. Paymenls made by Contraclor to Subcontractors for work performed by Subcontractors. If required
by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Coniractor and shall
deliver such bids to City who wiil then determine,with the advice of Consultant,which bids will be accepted.
If the Subwntrad provides that the Subcontractor is to be paid on the basis of cosl of the work plus a fee,
ihe Subcontraclor's cost of the vrork shall be determined in the same manner as Contrector's cosl of the
work. All Subcontrac[ors shall be subject to the other provisions of the Contrac[ Documents insofar as
applicable. Contredor's fee shall not exceed seven and one half pement(7.5°h); and if a submntract is on
the basis of cost of the work plus a fee, Me maximum allowable to the Subcontractor as a fee for overhead
and proft shall not exceed ten percent(10%).
10.4.5. Contrador shall not be enli0ed to an averhead and proft markup or fee for any Change Order
involving special consultanls, including, but not limited to, engineers, architecis, lesling laboratones, and
surveyors employed for services specifically related to me performance of the wo�C described in the Change
Order.
10.4.6. Contractor shall not be entilled to an overhead and profit markup or fee for the following wsts or
expenses:
�. I G�neml ConJ�nions fui G�nsuuciiun CainmcisV+V���I I3, 2020�
a. The propodion of necessary iranspoRation, travel and subsistence expenses of Contraclors
employees incurred in discharge of duties connected with the work except for local iravel to and
from the site of the work.
b. Cost, including transportalion and maintenance, of all matenals, supplies, equipment,
machinery, appliances, offce and lemporary 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 Contrador.
c. Sales, use, or similar taxes related to the Work, and for which Contrador is 1ia61e, imposed by
any govemmental authonty.
d. Deposits lost for causes other than Contractors negligence; royally 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 disfance telephone calis, telephone service at the site,
express delivery services (FedEx, UPS or wuners, and the like), internet or other
telecommunications services,and similar petty cash items in connedion with the Work.
g. Cost of premiums for additional bonds and insurance required because of changes in the Work.
10.47. The term"mst of the Work"shall not include any of the following ilems,as such items are expressly
not to be reimbursed:
a. Payroll costs and other compensation of Coniractor's offcers, exeatives, pnncipals (of
partnership and sole propnetorships), general managers, engineers, architects, estimators,
lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers,
derks and other personnel employed by Contrector whether at the site or in its principal or a
branch offce for general administration of the work and not specifically included in the agreed-
upon schedule of job classifcations, all of which are to be considered administrative costs
covered by Coniractofsfee.
b. ExpensesofConiractofspnncipalandbranchofficesotherthanContractor'soffceattheProject
Site.
c. Any partof Contractors capital eapenses, including interest on Coniractofs capital employed for
the work and charges against Contractor for delinquen[payments.
d. Cost af premiums for all Bonds and forall insurance whether or not Contractor is required by ihe
Coniract Documents to purchase and maintain the same, except for additional bonds and
insurance 2quired because of changes in the Work.
e. Losses and expenses sustained by the Contractor or any Subcontractors at any tier, not
compensated by insurance orotherwise,if such losses and expenses are due to infidelity on the
part of any employee of Conirac[or, any Subcontractor or Supplier,anyone directly or indirectly
employed by any of them, ar anyone for whose acts any of them may be liable, or others to
. � � cx„«��i co��d�no,��i��c�,�si���e����ca�,wc.w�,��i i:�. �moi
i
whom the property may be enWsted, including but not limited to, ihe covedion of defedive
work, disposal of materials or equipment wrongly supplied and making good any damage to
propedy.
f. Other overhead or general ezpense costs of any kind and the cost of any item not specifcally
and expressly approved by the Ciry Manager or City Commission by a Change Order.
g. Losses and expenses not covered by insurance where lhe Contractor, or any Subcontractor,
failed to obtain and/or maintain in effecl the insurance required to be carzied by the Contrad
DocumenGs, or where Contractor, or any Subcontractor or Supplier, failed to obtain and/or
maintain such insurance in limits and amounts required by the Conirad Documents except W
the e�Rent any deductible provided in such required insurance;
h. Cosis and expenses incurred by Contractor upon breach of its wananties or guaranties;
i. Costs associated with the relocation of employees, and any travel costs not expressly permitted
by the Contrect Documen5(including costs for long-distance travel,cosfs for trevel belween the
Projecl Site and ihe Contrectors offce(s),and hotel, car rental and airfare msls);
j. Any amounts to be paid by the ConVactor for federal, state or local income or franchise tazes;
k. Labor, matenal,and equipmenl costs or any other cosfs incurred which should be back-charged
to any Subcontractor,any Sub-Subcontractor,any direct or lower tier supplier,or any other party
for whom ihe Contrector is responsible;
I. Costs or losses resulting kom lost,damaged by misuse or stolen tools and equipment;
m. Costsof6ondingorsewringliensordefendingclaimsfledbyanySubcontractorofanytier,any
Supplier, any dired 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 ihe resWt of the
City's unexcused orwrongful hailure to pay the Contractor undisputed amounts as and when due
under the Cantract Dowments;
n. Costsofself-insuredlosses(e.g.,losseswithinihedeductiblelimitsmain�ainedbytheContrador
or any dired or indirect subcontrector), costs covered by any insurance camed by Contractor or
a tlirect or lower tier subcontrector, cosGs which would have 6een covered by the insurance
required [o be camed by a Contrac[or or a dired or lower tier subconiractor under ihe Coniract
Documents, and casts which would have 6een covered by insurence but for failure of ihe
Contractor or dired or lower tier subcontrador lo propedy submit, process or give notice to the
occurrence or claim;
o. Costs o�employee bonuses and exeative bonuses whether or not based in whole or in part on
performance related to the Work;
p. Costs inwned or paid for recruiting employees (whether to third pady recruiters or to
employees);
q. Severance or similar payments on account of terminated employees;
1a I C��e���l(:o��de�u��s lor Convmciion Co��m�ms�Apr�l 13, 20101
r. Costs incurred after the Conirador's application for final payment;
s. Any outside legal fees;
t. Costs of matenals and equipment stored off-site, except upon [he prior wntten approval of the
Contrad 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 resul5 in a net
decrease in mst,will be the amount of the actual net decrease. When both additions and credits are involved
in any one change,the combined overhead and proft shall be fgured on the basis of the net increase, if any,
however,Contractor shall not be entitled to claim lost profits for any Work not pedormed.
10.6. Whenever the cost of any work is to be determined as defined herein, Contractor will submit in a
form accepfable to ConsuBant an itemized cost breakdown together with ihe supporting data.
70.7. Where the quantity of any item of the Work Nat is covered by a unit price is increased by more than
thirty percent (30%) trom the quantity of such work indicated in the Contract Documents, an appropnate
Change Order shall be issued to adjust fhe unit price, i(wartanted.
70.8. Whenever a change in the Work is to 6e 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 Coniract Administrator.
10.8.7. Breakdown shall list the quantities and unit pnces for materials,labar,equipment and other items of
cost.
10.8.2. Whenever a Change Order imolves Contractor and one or more Subcontractors, and the Change
Order increases in the Contract Pnce, ihe overhead and profit markups for Contractor and each
Subcontractor in accordance with this Adicle shall be itemized separately.
70.8.3. Each Change Order must siate within ihe body af the Change Order whether it is based upon unit
pnce, negotiated lump sum, or"cost of the work."
10.9. No Damaaes 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 dired, indirect, consequential, impact or other cosis,
expenses or damages, including but not limited to costs of acceleretion or inefficiency, ansing because of
delay, disruption, interfe2nce or hindrence from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; and inespective of whether such delay mnstitutes an Excusable Delay and irrespective of
whether such delay resulfs in an e#ension of the Contract Time;provided, however,Contractors hindrances
or delays are not due solely to fraud, bad faith or willful or intentional interference by the CiTy in ihe
perfortnance of the Work,and then only where such ac5 continue after Contractors wntten notice to the City
of such alleged interference.
--: I �;��,A�,i c��d�no��s ro�co�,w�no��a,�,���,��wvni i s. �moi
i
10.9.1. Contrector acknowledges and agrees that Exasable Delay shall not be deemed to constiNte willful
or intentional inteRerence with the Coniractor's pedormance of the Wo�C without clear and convincing proof
ihat they were the result of a deliberale act, without any reasonable and good-faith basis, and were
specifcally intended to disrupt the Conlraclors performance of the Work. The City's attempis to facililate or
assisl Contractor in pedormance of the Work shall in no way be consirued, interpreted and/or be deemed to
constitute willful or intentional interference with the Contractors performance of the Work.
Ezcept as provided herein, Contractor hereby waives all other remedies at law or in equity that it might
olherxise have against me City on account o(any Exwsable Delay and any and all other events that may,
from time to time,delay the Contrador in the performance of the Work. Coniracloracknowledges and agrees
that, except as specifed herein, all delays or events and iheir potential impads on the performance by the
Contractor are specifcally contemplated and acknowledged by ihe Padies in entenng into this Agreement
and that Contradors pncing of the Work and the defermination of the Contract Pnce shall be expressty based
on the Contractors assumption of lhe risks thereof,and Contractor hereby waives any and all Claims it mighl
have for any of the foregoing bsses,costs, damages and expenses.
10.70. Excusable Delay. ConUadors sole remedy for Excusable Delay is an extension of the Contract
Time for each day of cntical path delay,but onty if the pre-requisites and notice requirements set forth below
in this Artide 70 have been timely and propedy satisfed.An excusable delay is one that(i)directly impacts
critical path activiTy delineated in the Project Schedule and eztends the time for completion of the Work; (ii)
could not reasonably have 6een mitigaled by Contractor, including hy re-sequencing, reallocating or
redeploying andlor increasing ihe 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 Coniwctor or its Subcontrectors, material persons,
Suppliers,oNendors,including, but not limited to,force majeure events such as(i2s,Floods, labor disputes,
epidemics, hurticanes,or similar events beyond the control and due to no fault of lhe Contrector("Exasable
Delay"). If lwo or more separate events of Exasable Delay are concurrentwith each other,Contrador shall
only be entitled to an extension of time for each day of such conavent critical path delay, and Contractor
shall not be entitled to double recovery thereon. For illustration purposes only, if lwo events of Ezasable
Delay are conavent for hxo days, Contractor shall only receive a time extension of a total of lwo days,and
notfourdays.
10.10.7. Weather. Extensions to the Contract Time fordelays caused by the effects of inclement weather
shall be submitted as a request for a change in the Contracl Time pursuan[ [o ihe Contract Documents.
These time eztensions are justif ed only when rains or other indement weather conditions prevent ConUactor
from produdively performing crilical path ac[ivity delineated in the Project Schedule:
(1) Contractorbeingunabletoworkatleasififtypercent(50%)ofthenormalworkdayoncritical
path activity delineated in ihe Project Schedule due to adverse weather conditions;or
(2) Contreclor must make major repairs to the Work damaged by weather. Providing the
damage was not attnbutable to a failure to perform or neglect by Contraclor, and providing that Contrador
was unable to work at least ffty percent(50%) of the normal vrorkday on cntical path adivity delineated in
the Project Schedule.
70.70.2. Compensable Excusable Delay. Nolwimstanding the foregoing, Excusable Delay is
compensable when (i) fhe delay eMends the Contract Time, (ii) is caused by circumsfances beyond the
control of the ConUactor or its subconVactors, suppliers or vendors, and (iii) is caused solely by fraud, bad
faith oractive interference on the part of Cityorits agenis,provided,however,ihat in no eventshall Contractor
. .�I(%A��A��I(:nidmo�o loi Consimciion Coneacu V+P�'�I 13, 10701
be compensated for(x) interim delays which do not eztend the Contract Time, or(y)for Ezcusable Delay if
caused jointly or concurrently by Contredor or its subconVactors, suppliers or vendors and 6y the City or
Consultant, in which qse then Contractor shall be entitled only to a time extension and no further
compensation for the Excusable Delay.
10.10.3. Unexcusable Delays. "Unexasable Delay" shall mean any delays not included within the
definition of Ezwsable Delay as set fodh above including any delay which extends the completion of the
Work or podion of the Work beyond the time specifed in ihe Project Schedule, including,without limitation,
the date for Substantial Completion or Final Complelion, and which is caused by the act, fault, inaction or
omission of the Contractor or any Su6conhactor, 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 ihe City of
such delay; or any delay in obtaining licenses, pertnits or inspections caused by the actions or omissions ot
the Contractor or its Subcontradors,Suppliers or any other party forwhom the Contrador is responsible An
Unexwsable Delay shall not be cause for granting an e#ension of time to complete any Work or any
compensation whatsoever, and shall subject the Contractor to damages in aceordance with the Conlract
Documents. In no event shall the Coniractor be excused for interim delays which do not extend the Project
Schedule, including the date for Subsfantial Completion or Final Completion.
70.11. Prereauisites and Notice Reauirements for Extensions of Time. Except as provided in ihe
Coniract Documents with respect to Changes in the Work, an extension of the Contract Time will only be
granted by the City underthe following circumstances:(a)if a delay occurs as a result of an Exwsable Delay,
and (b) ihe Contrador has complied with each of the following requiremenis below to the reasonable
satisfaction of the CiTy:
a. Coniractor shall provide wnrien notice to the City of any event of delay or potential delay within
fve (5) days of the commencement of ihe event giving nse to the request. The Contrador, within ten (10)
days of the date upon which the Contractor has knowledge of the delay,shall notify the City, in wnting,of the
cause of Ne delay stating the approximate number of days the Contractor expects to be delayed, and musl
make a request for an extension of time, if applicable, to the City, in wnting, within ten (10) days after the
cessa6on of the event causing the delay specifying the number of days ihe Contractor believes that i5
activities were in fact delayed by ihe cause(s)tlescnbed in its initial notice.
b. The Contractor must show to ihe reasonable satisfaction o(the City that the aclivity claimed to
have been delayed was in fact delayed by Ne stated cause of delay, that ihe critipl path of the Work was
matenally affected by the delay, that the delay in such aclivity was not concurrent with any Unexcusable
Delay, the delay was not the result of the performance of unit pnce Work,and that the delay in such activity
will resuA in a delay of the date for Substantial Completion in the Project Schedule or Final Completion.
c. The initial notice provided by the Coniractor under Subsedion (a) above shall provide an
estimated number of days the Contrador believes it will be delayed,and describe ihe efforts of the Contractor
that have been or are going to be undertaken to overcome or remove the Exasable Delay and to minimize
ihe potential adverse effect on the cost and time for performance of the Work resulting 6om such Exwsable
Delay. The mere wntten notice of an event of delay or potential delay, without all of ihe aforementioned
required information,is insufficient and will nottoll the time penod in which the ContracWrmust provide proper
wntten notice under this Adicle.
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
� � I (;e��Hml Condnlo�o br Cansumilon Gnienc�,IAp��I 13. lOPO�
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COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY, INCLUDING THE
REQUIREMENTS OF THIS SECTION, SHALL BE DEEMED CONCLU5IVELY TO CON5TITUTE 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 Coniract Time due to an Exasable Delay, they
shall enter into a Change Order documenting the same.
I(the City and Contractor cannot resolve a request for time eMension made properly and timely under Mis
Section within sixty(60)days following ContrecWrs initial notice of the events giving nse to the request for
a time extension,the Contractor may re-submit the request as a Claim in accordance with the Contract
Documenis.
10.72. Contractor's Duh. Notwithstanding ihe provisions of this Agreement allowing the Contraclor to
claim delay due to Excusable Delay,whenever an Exwsable Delay shall ocar,the Contractor shall use all
reasonable effods to overcome or remove any such Exwsable Delay,and shall provide the City with wntten
notice of the Contractors recommendations on how best to minimize any adverse effecl on the time and cost
of performing ihe Work resulting 6om such Exasable Delay.In furtherance of the foregoing,whenever the2
shall be any Exwsable Delay,ihe Contractor shall use all reasonable efforls to adjust the Pmject scheduling
and the sequencing and timing of ihe performance of the Work in a manner that will avoid, to ihe e#ent
reasonably practirable, any Exasable Delay giving nse to an acNal extension in the time for performance
af the Work.
If there are corresponding costs associated with any of the measures which the Contractordeems necessary
or desirable to minimize any adverse effects resulting from any Exasable Delay,the Contractor shall advise
the City of such anticipated associated cosls and shall not pmceed with such measures absent the City's
executing a Change Order in connedion therewith. Nothing in this Seclion shall, however, be deemed to
entitle the Contractor to any adjustment in the Contrec[ Pnce or any other damages, losses or expenses
resulting from an Excusable Delay; nor shall it be deemed to obligate the City to agree to undedake any
recommendations suggested by the Contractor as a means of minimizing the adverse effeds of any
Excusable Delay.
70.73. Differina Site Conditions. In the event ihat during the course of the Work Contractor encounlers
subsurface or concealed conditions at the Project Site which could not have reasonably been identified by
Coniractor upon pnor investigation,and materially differ 6om those indicated in the Contrad Documents,or
if unknown physical conditions of an unusual nature are encountered on the Project Site and differ matenally
from ihose ordinarily encountered and generally recognized as inherent in work of the character called for in
the Contrad Documents, ihen Contrador shall promptly nolify the City within hvo (2) business days of the
specifc matenally differing site conditions, before the Contractor disturbs Ne conditions or performs the
affeded Work.
10.13.1. ConsultantandCityshall,withinlwo(2)businessdaysaRerreceiptofContractor'swnttennotice,
investigale the site condi[ions identifed by Contrectoc If, in the sole opinion of Consultant,the conditions do
matenally so diHer and cause an increase or decrease in Contractor's cost of, or the time required for, the
performance of any paA of ihe Work, ConsWtant shall recommend an equifable adjustment to the Contract
Pnce, or the Contrad Time, or 6oth. If City and Contraclor cannot agree on an adjustment In the Contrad
Pnce or Contract Time, the adjustment shall be referred to ConsWtant for determinalion in accordance with
ihe provisions of Contract Documents. Shauld ConsuAant determine that the conditions of the Projed Site
are not so matenally different to justify a change in the terms of the Contract, Consultant shall so notify City
I C»:neml Condnions loi Comeuyiun Cunimcis Np��l 13. J010�
and Contractor in wn6ng, stating the reasons, and such determination shall be final and binding upon the
parties hereto.
10.73.2. An adjustment for differing site conditions shall not be allowed, and any Claim relating the2to
shall be deemed conclusively waived,if the Contractor has not provided the required wntten notice within two
(2) business days of discovery of the site conditions, or has disturbed the site conditions pnor to City's
examination thereof. If a diffenng site condition qualif es for an equitable adjustment pursuant to the Contract
Documents, and the Contradors cosis qnnot reasonably be established at [he time of notice to the City
thereof, the Contredor shall submit its proposed pncing andlor request for extension of time within ten (10)
days afler the proposed solulion is identified to the diffenng site condition descnbed in the Contractors initial
notice to the City.
70.73.3. For purposes of ihis Section, a"matenally differing"site condition is one that(1� is not identifed
in the Contrad Documents and is not reasonably inferable therefiom; and (2) could nol have reasona6ly
been identified by Contractor upon prior investigation, provided Contractor reasonably undedook such pnor
site investigation;and(3)requires a change to the Work that increases Contradols costs and/or impads the
critical path for mmpletion of the Work.
10.13.4. Where Site Conditions delay ihe Project,and said delay could have been avoided by reasonable
imestigations of the Project Site at any time pnor to commencement of the Work in question,such delay shall
not be considered to be an Excusable Delay beyond fhe control o(ihe Contrector, and no time e�Aension
shall be granted. No request for an equilable adjustment or change to the ConUad Time for diNenng Site
Conditions shall be allowed if made after the date cedifed as ihe Substantial Completion date.
ARTICLE 11. CWMS AND RESOLUTION OF DISPUTES.
11.7 Claims must be initiated bywntten notice and,unless otherxise specified in the Contrad Documents,
su6mitted to the other Partywithin ten (10)days of the event giving rise to such Claim orwithin 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 suffcient information to advise the other party of the
circumstances giving nse [o the Claim, ihe speci(c contractual adjusiment or relief requested including,
without limitation, the amounts and number of days of delay sought, and the basis o(such request The
Claim must include all job records and other documentation supporting entitlement, ihe amounts and time
sought In the event additional time is sought,the Contractor shall include a time impact analysis to suppod
such Claim. The City shall be entitled to request additional job remrds or doamentation to evaluate the
Claim. The Claim shall also include ihe Contractor's wntten notarized certifcation of the Claim in accordance
with the False Claims Ordinance, Sections 70300 et seq.,of the City Code.
71.2 Claims not timely made or otherwise not submitted in stnd 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 Contradorassumesallnsksforthefollowingitems,noneofwhichshallbethesubjedofanyChange
Order or Claim and none of which shall be compensated for except as they may have been included in [he
Contradors Contract Pnce as provided in the Contract Documents: Loss of any anlicipated profts, loss of
bonding capaciTy or capabiliTy bsses, loss of business opportunities, bss of pmdudivity on ihis or any other
project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cosl to prepare a
quote tor a change in the Work, costs to prepare, negotiate or pmsecute Claims,and loss of projeds not bid
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upon, or any other indired and consequential costs not listed herein. No compensation shall be made for
loss of anticipated profis from any deleted Work.
H.4 Continuina the Work Durina Disoutes. Contractor shall carry on ihe Work and adhere to the
progress schedule during all disputes or disagreements with City, induding disputes or disagreements
wnceming a request for a Change Order, a request for a change in [he Contrad Price ar Contrad Time.
The Work shall not be delayed or postponed pending resolution of any disputes or disagreements.
Contractor's failure to comply with this Sedion shall constitute an Event of Default.
ARTICLE 12. PERMITS, LICENSES, FEES,TAXES.
72.1 Except as otherwise provided within the Contract Documents, all permits and licenses required by
federal, state or local laws, rules and regulalions necessary for the prosecution of the Work undertaken by
Contractor pursuanl to ihis Contract shall be secured and paid for by Contractor. It is ConUactors
responsibility to have and maintain appropnate Certifcate(s) of Competency, valid for the Work to be
performed and valid for ihe jurisdiction in which the Work is lo be perfortned for all persons working on the
Project for wham a Certifcate of Competency is required.
12.2 Impact fees levied by the City andlor Miami-Dade County shall be paid by Coniractor. Contractor
shall be 2imbursed only for the adual 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 Contrector in no event shall include proft or overhead of Contractor.
72.3 All fees, royalties, and Gaims for any invention, or pretended imentions, or patent of any aAicle,
matenal,arrangemeni,appliance,ar method that may be used upon ar in any manner be connected with the
construction of ihe Work or appurtenances, are hereby included in the prices stipulated in Construction
Documents for said work.
12.4 Taxes. Contrador shall pay all applicable sales, consumer, use and other taxes required by law.
Contrector is responsible for reviewing the pertinent shale statutes involving slate taxes and complying with
all requirements.
ARTICLE 73.TERMINATION.
73.7. 7ermination for Convenience. In addition to other nghts the City may have at law and pursuant to
the Contract Documents wim respect to cancellalion and termination of lhe Contract,the City may,in its sole
discretion,terminate for lhe City's convenience ihe performance of Work under this Contrad, in whole or in
part, at any lime upon wntlen notice to the Contractoc The City shall effectuate such Termination for
Convenience 6y delivenng to the Contractor a Notice of Termination for Convenience, specifying the
applicable scope and effedive date of termination, which termination shall be deemed operative as of the
effecGve date specifed iherein without any fudher written notices from the City required. Such Tertnination
for Convenience shall not be deemed a breach of ihe Contrad,and may be issued bythe City with orwithout
cause.
a. Upon receipt of such Notice of Termination for Convenience from the City, and except as
otherwise direded by the City, the Contrador shall immediately proceed with the following obligations,
regardless of any delay in determining or adjusting any amounts due under this Arlicle:
i. Stop the Work specifed as terminated in the Notice of Termination for Convenience;
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ii. Promptly notify all SubconUadors of such terminalion, cancel all contracts and purchase
orders to ihe e#ent they relate to Ihe Work terminated lo ihe fullest extent possible and fake
such other actions as are necessary to minimize demobilization and termination cosis for
such cancellations;
iii. Immediately deliver to the City all Project records, in their onginal/native electronic format
(i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all
wartanties and guaranties for Work, equipment or matenals already installed or purchased;
iv. If specifically directed by the Cily in wnting, assign to the City ali nght, title and interest of
Contrector under any contract, subcontract and/or purchase order, in which case the City
shall have ihe right and obligation to se�le orto pay any outstanding claims arising from said
contracts, subcon[racts or purchase orders;
v. Place no further subcontracts or purchase orders for materials,services,or facilities,except
as necessary W complete the podion of the Work not terminated(if any)under the Notice of
Termination for Convenience;
vi. As directed by ihe City, iransfer title and deliver to the City (1) Ihe fabncated and non-
fabricated pads, Work in progress, completed Work, supplies and other matenal produced
or required for the Work terminated; and (2) the mmpleted or paRially completed Projec[
records that, if this Cantrad 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 subcontrads or purchase orders, with the pnor approval or retifcation to lhe extent
required by the City(if any);
viii. Take any action that may be necessary, or Ihat the City may direct, for the protection and
preservation of the Project Site,including life safety and any property related to lhis Contract
that is in the Contractofs possession and in which the CiTy has or may acquire an interest;
and
ix. Complete performance ot the Work not terminated (if any).
h. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be
entitled to payment for the Work satishactonly performed up until the date of its receipt of such Nolice of
Termination for Convenience, but no later ihan the effective date specifed therein. Payment for the Work
satisfadonly 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 appmved Applications for
Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and
purchase orders with Subcontradors to the extent such wsts are not reasonably avoidable by ihe Contraclor.
Contractor shall submit, for the City's review and consideration, a fnal termination payment proposal wim
substantiating documentation, including an updated Schedule of Values,within 30 days o�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, ihe City shall, na less than ffteen
(15) days prior to making fnal payment, provide the Contrador with wntten notice of the amount the City
intends to pay to the Contrector. Such fnal paymenl so made to the Contractor shall be in full and fnal
settlement for Work performed under this Contract,exceptto the extent[he Contractor disputes such amount
in a wntten notice delivered to and received by the City pnor to the Ciry's tendenng such fnal payment.
73.2. Event of Default. The following shall each be considered an item of Default. If, afler delivery of
wntlen notice from ihe City to Contraclor specifying such Default,the Contradorfails to promptly commence
and thereafter complete the cunng of such Default within a reasonable period of time, not to exceed twenty-
AS I ���ml Cord�iiions lo�Co��snunton Co�n���<a51/+p��l 13. 20L01
t
one (21) days, after ihe delivery of such Notice of DefauA, it shall be deemed an Event o(Default, which
constituies sufficient grounds for the City to terminate Contrador for cause:
a. Failing to pedorm any portion of the Work in a manner consistent with the requirements of fhe
Contract Documents or within the time required therein; or failing to use the Subconiractors, entities and
personnel as identifed and to the degree specifed, in the Conirec[ Documenls, subject to substitutions
approved by the City in accordance with ihis Coniract and the other Contrad Documenfs;
b. Failing,forreasonsotherthananExcusableDelay,tobegintheWorkrequiredpromptlyfollowing
the issuance of a Nolice to Proceed;
c. Failing to perform the Work with su�cient manpower,xrorkmen and equipment orwith suffcient
materials, with the effect of delaying the prosecution of the Work in accordance with the Projed 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 Projec[within lhe
specifed time;
e. Failing andlor refusing to remove, repair and/or replace any portion of the Work as may be
rejected as defective or nonconforming with the tertns and conditions of the Contrad Documenls;
f. Discontinuing the proseation of the Work,except in ihe event of�. i)the issuance of a sWp-work
order by the CiTy; or 2)the inability of the Contrector to pmsecute the Work because of an event giving rise
lo an Excusable Delay as set fodh in this Coniract for which Coniractor has provided wntten notice of same
in accordance with ihe Contrect Documents;
g. Failing to provide suffcient evidence upon request ihat, in the City's sole opinion,demonstrates
the Contrector's fnancial ability to complete the Project;
h. An indictment is issued against the Contractor,
'. Failingtomakepaymentstoformatenalsorlaborinaccordancewiththerespediveagreements;
j. FailingtoprovidetheCitywithaRecoveryScheduleinaccordancewithlheContractDocuments;
k. Persistently disregarding laws, oMinances, or rules, regulations or orders of a public aumority
having junsdiction;
I. Fraud, misrepresentation or matenal misstatement by Contractor in the course of obtaining this
Contrad;
m. Failing to comply in any material respect with any of the terms of ihis Contract or the Contrad
Documents.
In no event shall the time period for cunng a Default constitute an exlension of the time for achieving
Substantial Completion or a waiver of any of the City's nghts or remedies hereunder for a Default which is
not cured as aPoresaid.
13.3. Termination of Contract for Cause.
a. The City may tertnina[e the Contractor(or cause upon the occurrence of an Event of Default as
defned herein, or for any other breach of the Contract or other Contract DocumenGs by the Contraclor that
the City, in its sole opinion,deems substantial and matenal,following wntten notice lo the Contrador and the
failure to timely and propedy cure to the satisfadion of ihe City in me time period set forth herein, or as
otherwise specifed in the Notice of DehaWt.
b. Upon ihe ocwvence of an Event of De(ault, and without any prejudice to any omer nghls or
remedies of the City, whether provided by this Conirad, ihe olher Conhact 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 immedialely,and may take any of the following actions,subject to
any prior rights of the Surety:
:I �*+���ol Condiaons I�r Coroimdion Coinmcts�Api 13. 90201
i. Take possession of the Projed Site and of all matenals, equipment, tools, consiruction
equipment and machinery thereon owned by Contraclor;
ii. Accept assignmenis of subcontrads;
iii. Direct Contractorto transfer fitle and deliver W the City(1)the fabricated and non-fabncated
par[s, Work in pmgress,completed Work,supplies and other matenal produced or required
for the Work terminaled; and (2) the completed or padially completed Project records that,
if this Conirac[had been completed,would be required to be fumished to the City;and
iv. Finish the Work by whatever reasonable method the City may deem expedient.
a Upon the issuance of a Notice of Termination for Cause, the Contrac[or shall:
i. Immediately deliver to the City all Projed records, in their onginallnative eledronic format
(i.e.CAD,Word, Excel,etc.),any and all other unfnished or partially completed documents,
and any and all warranties and guaranties for Work,equipment or matenals already installed
orpurchased;
ii. If specifically direded by the City in writing, assign to the City ali nght, title and interest of
Contractor under any wntrad, subcontract and/or purchase order, in which qse the City
shall have the nght and obligation to settle or to pay any oulstanding claims ansing from said
coniracls,subconiracts or pumhase orders;
iii. As directed by ihe CiTy, Iransfer title and deliver to the City (1) the fabncated and non-
fabncated pads, Work in progress, completed Work, supplies and other mafenal produced
or required for the Work terminated;and
iv. Take any action that may be necessary, or that the City may direcl, for the protecfion and
preservation of the Projed Site,including life safety and property related to this Conirad that
is in ihe Contrectors possession and in which the City has or may acquire an interest.
d. All rights and remedies of the City's Termination nghts herein shall apply to all Defaults thal are
non-wrable in nature,or thal fail to be cured within the applirable cure period or are cured but in an untimely
manner, and the City shall not be obligated to accept such late wre.
73.4. Recourse to Performance and Pavment Bond•Other Remedies.
a. Upon the occurrence of an Event of Default,and irrespective of whether the City has terminated
the Contrador, 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 requinng any fudher
agreement(including, without limitation, not requi�ing any fakeover agreement) or mandating termination of
Contractor as a condition p�ecedent to assuming the bond obligations; or(ii) in the altemative,ihe City may
take over and complete the Work of the Projed, or any portion ihereof, by its own devices, by entenng into a
new contract or coniracts for the completion of the Work, or using such other methods as in the Ciry's sole
opinion shall be required for the proper completion of the Work, including succeeding to the nghts of the
Contractor under all subconiracfs.
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 ihe Perfortnance and Payment Bond
including,without limitation,accounting,engineenng,and legal fees,together with any and all cosis incuved
im m�nection with renegotialion of the Contract.
13.5. Costs and Exoenses.
- I ����I Cond�iiioms foi Qoimmcnon Cui�iiacis�np�il I3, 2010�
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a. All damages, costs and eapenses, including reasonable attomey's fees, incurted by the City as
a resWt of an uncured Default or a Default cured beyond the time limits stated herein (except lo the extenl
the Ciry has expressly consented, in wnting, to the Contraclors 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 Contraclor
under this Contrad, irrespec[ive of whether the City ultimately terminates Contractor.
b. Upon issuing a Notice of Termina�ion for Cause, lhe City shall have no obligaUon to pay
Contractor,and the Contrac[or shall not be entitled fo receive,any money until such time as tl�e Project has
been completed and the costs to make repairs andlor complete the Project have been ascertained by the
City. In case such cost and expense is greaterthan the sum which would have been due and payable to the
Contractor under this Contrad for any podion of the Work satisfactonly pedormed, the Contractor and ihe
Surety shall be jointly and severally liable and shall pay the difference to ihe City upon demand.
73.6. Termination M No Default or Erroneous Default. if, after a Notice of Termination for Cause is
issued by lhe City, it is thereafter determined that the Contrador was not in dehault under the provisions of
this Contrad, or that any delay hereunder was an Excusable Delay,the termination shall be conveded 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 far convenience clause contained herein. The
Contrector shall have no fudher recourse of any nature for wrongful termination.
137. Remedies Not Ezclusive. Except as otherwise provided in the Contrect Documents, no remedy
under the terms of ihis Contract is intended to be exclusive of any other remedy, but each and every such
remedy shall be cumulative and shall be in addifion to any other remedies,existing now or hereafter,at law,
in equity or by statute. No delay or omission to exercise any nght or power accruing upon any Event o�
Default shall impair any such nght or power nor shall it be construed to be a waiver of any Event of Default
or acquiescence therein, and every such nght and power may be ezercised from time to time as often as
may be deemed expedient.
13.8. Materialilv and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract
Documenis is material. The City's failu2 to enforce any pmvision ot this Contract shall not be deemed a
waiver of such provision orAmendment of this Contract. A waiver shall not be effedive unless it is in writing
and approved by ihe City, A waiver of any breach of a provision of this ConUacl shall not be deemed a
waiver of any subsequent breach and the faiWre of the City to exercise its nghts and remedies under this
Adicle at any time shall not constitute a waiver of such nghts and remedies.
13.9. ConlractorRiahttoTerminateControctorSlooWorkJfMeProjectshouldhestoppedunderan
order of any couA or other public authonty for a penod of mare than ninety(90) days due to no act ar fault
of Contrador or persons or entities within its control, or if the City should fail to pay the Contrador any
matenal amount owing pursuant to an Approved Application for Payment in accordance with the Contract
Documents and afler receipt of all supporting documenqtion required by the Contract Documents,and it the
City fails to make such payment within ninety(90) days aRer receipt of wntten notice from ihe Contrector
identifying the Approved Application for Payment for which payment is outstanding,then, unless the Clty is
withholding such payment pursuant to any provision of this Conirac[which entitles the City to so withhold
such payment,the Contrador shall have the ngM upon the expiretion of the aforesaid ninety(90)day penod
to stop i4 performance of the Work, provided that Contrador has sent a Notice to Cure to lhe City via
ceAified mail, allowing for a 7 day are penod. In such event, Coniractor may terminate this Conlract and
recover from City payment for all Work exewted and reasonable expense sustained (but ezcluding
compensafion for any ilem prohibiled by any provisions of�he Contract Documents). In the altemative to
tertnination,Contractorshall not be obligated to recommencethe Wark until such time as the City shall have
, I ��������I Co�dlnuns loi Coimmciion Coueucis(Ay�l 13, 7090�
made payment to ihe Contractor in respect of such Approved Appliration for Payment, plus any actual and
reasonable related demabilization and start-up costs evidenced by documentation reasonabty satisfactory
to ihe City. No act,event, circumstance or omission shall exase or relieve ihe Contractor from the full and
faithful performance of its obligations hereunder and ihe completion of the Work as herein provided for.
ARTICLE 74. MISCELLANEOUS.
14.1. Seoarete Contracts.
74.7.7. The City resenes the ngh�to perfortn constmction or operatians related to the Projed with the City's
own forces,to award separate contracts to oMer contractors or subcontredors,and to permit third parties to
pedorm construction or operations in connection with other podions of fhe Project or other construction or
operalions on the Project Site or adjacent to the Project Site. City reserves the ngM to let other coniracts in
mnnection with this Projecl. Contrador shall afford other persons reasonable oppodunity for the inirodudion
and storage of iheir matenals and ihe exewtion of fheir work and shall propedy connect and coordinate this
Work with theirs.
74.7.2. If any part of Contrectors Wo�C depends fo�proper execution or results upon the work of any other
persons, Confractor shall insped and promptly report to Consultant any defeds in such work that render it
unsuitable for such proper execution and results. Contrectors failure to inspect and report shall constitute
an acceptance o(the other person's work as ft and proper for the reception of Contractots Work,except as
to defects which may develop in other coniractors work after the execution of Contractors Work.
14.7.3. Contractor shall condud its operations and take all reasonable steps to coordinale ihe proseation
of the Work so as to create no interference or impact on any other contractors,induding the Ciry's own forces,
on the site. Should such interference or impact occur,Contractor shall be liable to the aNeded 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 ihat its pncing of the Work and
the determination of the Contract Pnce were expressly based upon the Coniractor's assumption of the
foregoing cost nsks
74.1.4. Coniractor shall afford other contractors reasonable access to the Project Site for the exewtion of
their vrork. 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 contradors with the performance of the Work,
and shall submit such plan to the City forapproval.The Contractorshall arrange the performance of the Work
so that ihe Work and the work of the City and the other contractors are, to the extent applicable, propedy
integrated,joined in an acceptable manner and performed in the proper sequence,so ihat any disruption or
damage to the Work or to any work of the City or of other contredors is avoided. To insure the proper
exeation of subsequent work, Contractor shall inspect the work already in place and shall at once repod to
Consultant any discrepancy between the exeated vrork and the requiremenis of the Contrad Documents.
14.2. Lands for Work.
14.2.7. City shall provide, as may be indirated in the Contract Documents, the lands upon which the Work
is to be performed, rights-of-way and easements(or access thereto and such other lands as are designated
by City or lhe use of Conirector.
=-1 I �ncml Con�ilioia loi ConNmc�n�rilmcls IAp7 13. 'LO��
1
74.2.2. Coniractorshallprovide,atContrador'sownexpenseandwithoutliabilitytoCity,anyadditionalland
and access thereto ihat may be required for temporary consWction facilities, or for storage of matenals.
Contrector shall fumish to City copies of written permission obtained by Contractor from ihe owners of such
facilities.
14.3. Assianment. Neimer the City nor Ne Contractor shall assign its interest in this Contract without the
wntten consent of the other, except as to ihe assignment of proceeds. Nohvithstanding the foregoing, City
may assign its interest in this ConVact or any podion thereof to any local or state govemmental body, special
tazing distnct,or any person authonzed by law to construd orown the Project Such assignee shall be bound
to comply with the terms of this Contrad.
14.4. RiahtsofVariouslnterests. WhenevervrorkbeingdonebyCity'sforcesorbyseparatecontrectors
is contiguous to orwithin the area where lhe Contractor will perform any of the Work pursuant to the Contrad
Documents, , lhe respedive ngMs of the various interests involved shall be established by the Contract
Administrator to secure the complelion of tl�e various portions of the work in general harmony.
14.5. Leaal Restrictions and TreKc Provisions. Contrador shall conform to and o6ey all applicable
laws, regulations, or ordinances with regaM to labor employed, hours of work and Contractors general
operations. Contractor shall conduct iGs operations so as not to dose any thoroughfare, nor interfere in any
way with tra�c on railway, highways, or water,without the pnor wntten consent of the proper authorities.
14.6. Value Ennineerina. Contrador may request substitution o(matenals, articles, pieces of equipment
or any changes ihat reduce the Coniract Pnce by making such request to Consultant in writing after award
of contract. Consultant will be ihe sole judge of acceptability, and no substitute will be ordered, installed,
used or initiated without ConsultanPs pnor wntten 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 Contrad Pnce or Contrect Time. By making a request for substitution,Contractor agrees
to pay directly to Consultant all Consultanfs fees and charges related to ConsulfanYs review of the request
for substitution, whether or not the request for substitution is accepted by Consultant. Any substiWtion
submitted by Contractor must meet the form, ft, fundion 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 Contrectorand City and shall
be processed as a deductive Change Order. City may require Contrador to fumish a!Contractors expense
a special performance guarantee or other surety with respect to any substitute approved after award of the
Coniract.
ANY RE�UESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR,
WHO SHALL FORWARD SAME TO CONSULTANT.
147. No Interest.Any monies not paid by City when claimed lo be due to Contrector under this Contrad,
including, tut not limited to, any and all claims for contract damages of any type, shall not be subjed to
interest including, but not limited to prejudgment interest. However,the provisions of City's prompf payment
oMinance,as such relates to timeliness of payment,and the provisions of Sec[ion 21874(4),Flonda Statutes
as such relates to the payment af interest, shall apply to valid and proper invoices.
14.8. Proieet Siqn. Any requirements for a project sign shall be paid by ihe ContracWr as specifed by
City Guidelines.
. I �k�,r��i ca��de���.�i��c���i���no��c�����o���u+i����i i�. zozoi
14.9. Availabililv of Proiect Site: Removal of Eauipment.
74.9.7. Use of the Project Site or any other City-owned property or nght-of-way(or the purpose of storage
of equipment or matenals, lay-down facilities, pre-cast matenal fabncation, batch plants for the produdion of
asphalt, concrete or other construction-related matenals, or other similar activities, shall require advance
wntten approval by the ContrectAdminislrator. The City may,at any time, in its sole and a6solute disc2tion,
revoke or rescind such approval for any reason. Upon notice of such rescission, Contrector shall, within
lwenTy-four (24) hours, remove and relocate any such materials and equipment to a suitable, approved
location. Nohvithshanding any other provision in the Contrad Documents to ihe 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 Conirad
Documenis that may provide any ngM whafsoever to use of the Project Site for staging, matenal and
equipment storage, lay-down or other similar activities.
74.9.2. In case of termination of Nis Contract before completion fo� any cause whatever, Contractor, 'rf
notifed to do so by City, shall promptly remove any pad or all of Contradors equipment and supplies 6om
the property of City, failing which City shall have lhe right to remove such equipment and supplies at the
expense of Contractor.
14.70. Nondiscrimination. In connection with the perfortnance of the Senices, the Contractor shall not
ezdude from participation in,denythe benefts of,or subject to discnmination anyone on ihe grounds of race,
color, national ongin,sex,age,disability, religion, income or family status.
Additionalty, Contractor shall comply tully with the City of Miami Beach Human Rights Ordinance,codifed in
Chapter62 of�he City Code,as may be amended from lime to time,prohibiting discnminatian in employment,
housing,public accommodations,and public services on account of actual or perceived race, color, national
ongin, religion, sez, intersexuality, gender identity, sexual orientation, mantal and familial status, age,
disability,ancestry,height,weight,domestic partnerstatus,labororganization membership,familial situation,
or political affliation.
14.11. Proiect Records. City shall have Me right to inspect and copy, at City's expense, the books and
records and accounts of Contrador which relate in any way to lhe Pmject, and to any claim for additional
compensation made by Contractor, and to conduct an audit of the fnancial and accounting records of
Contractor which relate to the Project and to any claim for additional compensation made by Contraclor.
Coniractor shall retain and make available to Cily all such books and recoNs and accounts, fnancial or
othenvise, which relate ta the Project and to any claim for a penod of three (3) years following Final
Completion of the Project. During the Project and the ihree(3)year penod following Final Completion of the
Project, Coniractor shall provide City access to its books and records upon seventy-lwo (72) hours wntten
notice.
14.12. Performance Evaluations.An intenm performance evaluation of the successful Contractor may be
submitled by the Coniract Administrator dunng construction of ihe Project. A final performance evaluation
shall be submitled when ihe Request for Final Payment to the mnsiructiom m�tracror is fonvarded for
approval. In eiNer situation, the completed evaluation(s) shall 6e fonvaNed to the Cilys Prowrement
Diredor who shall provide a copy to the successful Coniracloc Said evaluation(s) may be used by the City
as a Nactor in considenng the responsibility of Ne successful Contrac[or forfuture bids with the City.
. � I cxna�o�conJaions ro�conrmaion c�ne�ds Inpn� �s, 9090�
I
�4.13. Public EntiN Crimes. In accordance with the Public Crimes Act,Section 287.133, Flonda Statutes,
a person or affliate who is a conUactor,mnsultanl or other provider, who has been placed on the convicted
vendor list following a conviction for a public entity cnme may not submit a bid on a coniract to provide any
goods or services to the City, may not submit a bid on a contract with the City for the construdion 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 contreclor, supplier, subcontractor, ar consuHant under a contrect with the
City, and may not trensacl any business with the City in ezcess of ihe lhreshold amount provided in Section
287.017, Florida Statutes,for category lwo purchases fora period of 36 months from the dale of being placed
on ihe convicted vendor list. Violation of this Section by Contrador shall result in cancellation of the City
purchase and may result in Coniractor debarment.
14.14. Indecendent Contractoc Contractor is an independent contractor under this Coniract Services
pmvided by Contractor pursuant to this Contract shall be subjed to ihe supervision of Contrector. 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 2sponsibility as a pnncipal for its agenis, Subcontrectors, vendors, materialmen, suppliers, their
respedive employees, agents and persans ading for or on their behalf, and all others Contractor hires to
perform or to assist in performing the Work.
14.15. ThiM Partv Beneficiaries. Neither Contredor nor City intends to directly or substantially beneft a
third party by this Contrad. Therefore, the parties agree that there are no tl�ird party benefcianes to this
Contract and tl�at no third party shall be entitled to asseA a claim against either of ihem based upon this
Coniracl. The padies expressly acknowledge that it is not their intent to create any rights or obligations in
any ihiM pereon or entity under this Contract.
14.16. Severabili . In the event a portion of this Contract is found by a court of competent jurisdiction to
be invalid, the remaining provisions shall continue to be effeclive unless City or Contractor elects to
terminate this Contract.An eledion to terminate this Contract based upon this provision shall be made within
seven(7)days after the(inding by ihe court becomes f nal.
ARTICLE 15. INSPECTOR GENERAL AUOIT RIGHTS.
15.1 Pursuant to Section 2-256 of the Code ofthe City of Miami Beach,the City has established the Offce
of the Inspector General which may, on a random basis, perForm reviews, audits, inspections and
investigations on all City con[racts, throughout the duretion of said contracts. This random audit is
separate and distinct from any other audit performed by or on behalf of ihe City.
15.2 The Office of the Inspedor General is authonzed to investigate City affairs and empowered W review
past, present and proposed City programs, accounts, records, contracts and transactions. In
addition,ihe Inspec[or General has ihe power to subpoena witnesses,adminisler oaths, require the
pmduction of witnesses and monitor City projeds and programs. Monitonng of an existing City
pmject or progrem may include a repod concerning whether the project is on time,within budget and
in conformance with the contract documents and applirable law. The Inspector General shall have
the power to audit, inves6gate, monitor, oversee, inspect and review operations, activities,
performance and procurement process including but not limited to project design,bid specifcations,
(bid/proposal) submittals, adivities of the Contrador, its offcers, agenis and emp�oyees, lobbyists,
City staff and elected offcials to ensure compliance with the Contrad Doaments and to detect fraud
and corruptioa Pursuant to Section 2-378 of the City Code,the City is allocating a percenfage of its
. . I �^eial Condltions loi Cansuuciinn Gnnwc�s�Apr� 13, 2020�
overall annual coniract expendilures to fund the activities and operetions of the Offce of Inspector
General.
15.3 Upon ten(10)days written notice to the Contrador,the Contractor shall make all requested records
and documents available to the Inspector General for inspeclion and copying.The Inspector General
is empowered to retain ihe senices of independent private sector auditors to audit, investigate,
monitor, oversee, insped and review operations activities, performance and procurement process
including but nol limited to projecl design, bid specifcations, (bid/proposal) submittals, adivities of
the Contrador, its offcers,agents and employees, lobbyists,City staHand eleded offcials to ensure
compliance with the contract documenis and to detect fraud and cortuption.
15.4 The Inspedor General shall have the nght to inspect and copy all documents and recoMs in ihe
Contractors possession, astody or control which in ihe InspecWr General's sole judgment, pertain
to performance of the contract, including, but not limited to original eslimate files, change order
estimate fles,worksheets, proposals and agreemen5 from and with successful subcontractors and
suppliers, all project-related correspondence, memoranda, insimctions, fnancial documenfs,
construction dowments, (bid/proposal) and contrad documents, backchange documents, all
documents and records which involve cash,trade or volume discounts, insurence proceeds,rebates,
or dividends received,paymll and personnel recoMs and supporting documentatian forthe aforesaid
documents and remrds.
75.5 The Contrador shall make available at its office at all reasonable times ihe records, materials, and
other evidence regarding ihe acquisition (bid preparation) and performance of this contract, for
examination,audit,or reproduction, until three(3)years afterfnal payment underihis mntract or for
any longer penod required by statute or by other clauses of this contract. In addition:
i. If ihis contrad is wmpletely or paAially terminated,the Coniractor shall make available records
relating to lhe work terminated until three (3) years after any resulting fnal terminalion
settlemenl;and
ii. The Contractor shall make available records relating to appeals or to litigation or the settlement
of claims ansing under or relating to this contrad until such appeals, litigation, or claims are
fnally resolved.
15.6 The provisions in this seclion shall apply to the Conlractor, its offcers, agenis, employees,
subcontraclors and suppliers. The Contractor shall incorporate the provisions in this sedion in all
subcontracts and all other agreements executed by the Contractor im m�nection with the
performance of this contract.
15.7 NothinginihissectionshallimpairanyindependentnghttotheCitytoconductauditsorinvestigative
activilies. The provisions of this section are neither intended nor shall they be construed to impose
any liability on the City by the Contractor or ihiM padies.
I C.neml Cordltioris lo�Conc�mciton Conimds�Apel 13, 90J0�
f
�
ATTACHMENT B
ADDENDA AND 1T8 SOLICITATION
M I AM I B EAC H PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3ro Floor
Miami Beach,Florida 33139
wwwmiamibeachfl.gov
ADDENDUM N0.2
INVITATION TO BID N0. 2025-087-ND
LINCOLN ROAD IMPROVEMENTS PHASE 2 MERDIAN AVENUE
Decem6er 12,2024
This Addendum to the above-referenced ITB is issued in response to questions fmm prospective proposers
or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only
(deletions are shown by strikethrough, and additions are underlined).
I. REVISION: ITB DUE DATE AND TIME.The deadline for the eleetronic receipt of bids through
Periscope S2G is ertended until 3:00 om on Fridav Decem6er 20 2024.
All 6ids received and time stamped through Periscope S2G prior to the bid submittal deadline shall
be accepted as timely submitted, Bids eannot be submitted after the deadline established tor
receipt of proposals. Hard copy bids or bids received electronically, either through email or
facsimile, submitted prior to or aker the deadline for receipt of bids are not acceptable and will be
rejected. Late bids cannot be submitted, bidders are cautioned to plan sufticiently. The City will in
no way be responsible for delays caused by technical diHiculty or caused by any other occurrence.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of ihe individual named below, with a copy to the City Clerk's Offce at
RafaelG ranado@miami beachfl.gov
Contact Telephone: Email:
Natalia Del ado 305-673-7000 ext 26263 nataliadel ado miamibeachFl. ov
Bidders are reminded to acknowledge receipt of this addendum as pad of your ITB submission.
Sincerely,
Natalia Delgado
Procurement Conhacting Offcer III
__... . _......__._...__._._..,.....__...._�___._
i AOOENDUMN0.3 .�..�........_._._._�......_._.._.__....,�._,_......_..�..
INVITATION TO Bi0 P045�00]ND
FOR LINCOLN ROR�IMPROVEMENTS PHASE 2 MERI�IAN AVENUE
M I A M I B E AC H PROCUREMENT DEPARTMENT
ll55 Meridian Avenue,3b Floor
Miami Beach,Florida 33139
w�vw.miamibeachfl.gov
ADDENDUM N0. 7
INVITATION TO BID N0. 2025-087-ND
LINCOLN ROAD IMPROVEMENTS PHASE 2 MERDIAN AVENUE
December 3,2024
This Addendum to the a6ove-referenced ITB is issued in response to questions from prospective pmposers, or other
darifications and revisions issued by lhe City. The ITB is amended in the following particulars only (deletions are
shown by stnkethmugh and additions are underlined).
I. ATTACHMENTS.
EzhibitA: Revised Drawing No. C-502
Ezhibit B: Revised Drawing No. G503
II. REVISIONS.
1. DELETE Drawing No. G502, of the Lincoln Road District Improvements Phase 2 - Meridian Avenue -
100% CD Bid Set, in its entirety and REPLACE with Revised Drawing No. P502, attached hereto as
Ezhibit A.
2. DELETE Drawing No. G503, of the Lincoln Road District Improvemenffi Phase 2 - Meridian Avenue -
100% CD Bid Set, in its entirety and REPLACE with Revised Drawing No. P503, attached hereto as
Exhi6il B.
III. RESPONSES TO QUESTIONS RECEIVED:
Q1�. Plans show sewer laterals as 6" DIP and PVC on plans, profles show all PVC?
A1: Please refer to Exhibit A, Revised Drawing No. C-502 and Exhibit B, Revised Drawing No.
C•503 that show that all proposed sanitary laterels will be PVC.
Q2: Plans show Force Main as 30" C905 PVC, NOTE 23 PAGE C504A 8 C5048 CALL All Water& Force
Mains to be DIP?
A2: Note 23 on Sheets C•504A and C-5046 refers only to 30"force main fittinas to be DIP. The
pi�shall be C9001C905 as indicated on the plans.
Any questions regarding this Addendum should be submitted in writing to the Prowremenl Management
Depadment to the attention of the individual named below, with a copy to the Ciry Clerk's O�ce at
RafaelGranado@miamibeachf I.gov
Contact Telephone�. Email�.
Natalia Delgado 305-673-7000 ext. 26263 nataliadelgado@miamibeachfl. ov
...____ _..._._..�.__�_....�.. __.___. ._._._...__...,_..__�_..�___._.._�..__._......._.._.__._._._
--�T�ooeHouM No.t
HmTnnoN To eio r�o.mss�oearvo
LINCONL ROAD IMPROVEMEMS PHASE 2 MEROIAN AVENUE
M I A M I B EAC H PROCUREMENT DEPARTMENT
1755 Mendian Avenue,3b Floor
Miami Beach,Florida 33139
wmv.miamibeach0.gov
Proposers are reminded to acknowledge receipt of this addendum as pad oi your ITB submission.
Slncerely,
�� a��
For Kristy Bada
Chief Pmcurement OBicer
REMAINDER OF THE PAGE LEFT INiENT10NALLY BLANK
s.. ..__._. . .. __._..__.___._.�_--'.—�._.�_._.�____�_..
2 M�ENDUMN0.1 ._,.__._.........___.._._._.�.�.._
INVITATION i0 BID N0.2�25-0A]-NO
LINGONL ROAO IMPROVEMENTS PHASE 1 MEROIAN qVENUE
M I AM I B EAC H PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3b Floor
Miami Beach,Flonda 33139
wwwmiamibeachfl.gov
EXHIBIT A
Revised Drawing No. C-502
__.. _....,_____.________.______._ _ .. .._. _ _.. _ _ _.__...__. _�_____.__.__._
� aooer�ouMHa i
��. INVITATION TO BI�N0.20Y5 OB]-ND
� LINCONLROPOIMPROVEMENTSPHASE2MERDIANAVENUE
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�- . __—_ . .'_ . '. .-... ' . . , ,._ ._ 8 ,
M I AM I B EAC H PROCUREMENT DEPARTMENT
1765 Meridian Avenue,3"Floor
Miami Bexh,Floritla 33139
w�w.miamibeachfl.gav
EXHIBIT B
Revised Drawing No. C-503
._ . ____�.. . _... ,__. ._ __., . _ � .__.__ ____.._. . __ ____. ____ ____
� p RODENDUMNO 1
3 INVITATION i0 BID N0.1025-08]NO
f LINWNLROA�IMPROVEMENTSPHASE2MERDIANAVENUE
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ITB SUMMARY
The purpose of this ITB Summary is to summarize the major terms, conditions and requirements of
the ITB. Bidders shall note that various paragraphs within these bid documents have a box ( 0 ),
which may be checked ( � ). 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 ITB, whether or not it is included in the ITB Summary. Further, it
is the Bidder's responsibility to make note of and account for any revisions to any portion of the ITB
Summary that may result from an addendum to the ITB.
SUMMARY ITB INFORMATION 8 GENERAL REQUIREMENTS
ITEM NO.
1 ITBNo.�. 2025-087-ND �
2 ITB Title: Lincoln Road Improvemen�s Phase 2 Meridian Ave
� 3 �. Date of Issuance: � October 29, 2024
�. 4 Project Description 8 �, The Lincoln Road District Enhancement project encompasses
Scope of Work: �'� the Lincoln Road pedesirian mall between Lenoz Avenue and
� Washington Avenue and includes improvements to Meridian '�
. Avenue and Drexel Avenue. '
. I This ITB is only for the construction work associated with the
Meridian Avenue improvements. Meridian Avenue
improvements induded infrestmcture work which may include
water main, force main, and drainage installations. Above '�
ground improvements may include concrete pavers, sVeet ,
lighting, landscaping, irrigation, paving and stripping from I
Lincoln Lane South to 17'^ St.
'� S ecifications are further detailed in A endix G.
5 Project Site: Meridian Ave from 17'"St. to Lincoln Lane South
6 I Estimated Budget: $8,300,000.00
7 Procurement Contact: Name: Natalia Delgado
Telephone: 305-673-7000 ext. 26263
Email: nataliadel ado miamibeachfl. ov
8 Cone of Silence' Bidders are hereby advised that pursuant to Section 2486 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
rafaelq ranad oC�mi ami beachfl.qov.
Reterence�. Section 0400, Solicitation Terms and Conditions
IMPORTANT DATES
9 Due Date& Time for Bid The deadline for the submittal of bids is 3:00 pm on i
�� �I Submittal: December 16, 2024.
I� An adtlentlum to ihe ITB may
mod�ry the due tlate. ihe Bidder , �O1n on your computer or mobile app
���, musl download all atldenda. i �Oin the RIE¢tlOq flOw
'� Or call in (audio only)
� I +7 786-636-1480 United States, Miami ..
� � Phone Conference ID: 403 076 702# �
�
Bidders are cautioned that late bids cannot be submitted.
Bidders are fully responsible for assuring that bids are received
� b ihe deadline.
70 Pre-Bid Conference: Date: November 15, 2024
� Pre-Bid Conference will
Time: 2:00 pm ET
be held. Location: Microsoft Teams Meeting
❑ Pre-Bid Conference is �oin on your computer or mobile app
Mandatory. Join the meetina now
Or call in (audio onty)
❑ A Pre-Bid Conference +1 786-636-1480 United States, Miami
will not be held. phone Conference ID: 431 836 509#
Reference: Section 0100, Sub-section 6, Pre-Bid
Inter retations.
11 Site Visit: Date: November 15, 2024
Time: 70:00 am. ET
� Site Visit will be held. Location: 1755 Meridian Avenue
❑ Site Visit is Mandatory. Miami Beach, FL 33139
❑ Site Visit will not be
held.
12 Last Day for Receipt of November 26, 2024, by 5:00 pm ET
�uestions:
Questions will be allowed up to 10 days before the initial
deadline for submittal of Bids. Questions must be directed to
nataliadelaado(dmiamibeachFl aov, with a copy to the Ciry
Clerk rataelqranado(o�miamibeachfl qov.
Reference: Section 0100, Sub-section 6, Pre-Bid
- In[erpretations.
PROJECT SPECIFIC INFORMATION d REQUIREMENTS
�3 Minimum Requirements: Bids from bidders that do not meet the following Minimum
Requirements shall be deemed non-responsive and shall not
� Shall apply. be considered.
7. Licensino Reouirements. Bidder shall be State of
❑ Shall not apply. Florida Certifed Licensed General Contrador OR
Miami Dade County Registered Licensed General
Contrector to be consitlered for awartl.
Submittal Requirement: Provide a copy of the license.
2. Previous Exoerience of Bidder (Firm or its orinci�al).
Bidder or its principal must have constructed 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 and budget shall be defined as
infrastructure work and/or above-ground
improvements in an urban environment, with a
constmction cost of at least $5 million. Infrastructure
�
work may include water main, force main, or drainage
installations.Above-ground improvements may include
concrete pavers, street lighting, landscaping, irrigation,
paving, or stripping
Submittal Requirement For each project, submit t)
Owner Name, 2) Contact Name, Telephone, and
Email, 3) Prqect Address,4) Narrative on the Scope of
Services Provided, and 5) Consiruction cost and
completion date, if applicable. For each project, identiTy
whether ihe experience is for the frm or for a principal
(include name of the principal).
3. Previous Experience of the Bidder (firm or princioals)
or Subcontrector. Bidder (frm or principals) or
Subcontractor must have constructed a minimum of
hvo (2) projects of similar scope and budget within the
last ten (10) years, one (1) oF which must be
completed, and the second may be ongoing. A project
of similar scope and budget shall be defned as
infrastructure work in an urban environment, with a
construction cost of at least $2 millioa Infrastructure
work may include water main,force main,and drainage
installations.
Submittal Requirement: For each project, submit 1)
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. For each project, identify
whether the experience is for the Bidder, principal
(indude name of the principal), or Subwntractor.
4. Previous Experience of Bidder(Firm)Proiect Manaqer
Bidders Lead Project Manager must have completed
at least two(2)constmction projects within the last ten
(10)years with a construction cost of at least$4 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) Narrafive on Scope of Services Provided,
and 5) Constmction cost and completion date.
5. Previous Exoerience of Bidder (Firml Suoerintendent.
. Bidder's Superintendent must have completed at least
two (2) constmction projects within the last ten (10)
years with a constmction cost of at least$4 million.
Submittal Requirement For each project, submit i)
Name of Superin�endent, 2) Project Owner Contact
Name, Tele hone, and Email, 3 Pro ect Address, 4
Narrative on ihe Scope of Services Provided, and 5)
Construction cost and completion date.
Reference: Section 0200.
74 Bid Bond Requirements: If the requirement applies, a bid bond that is in compliance with
� Shall apply. Section 0100 must be submitted.
Reference: Appendix B Bid Bond Form
❑ Shall not apply. Section 0100, Sub-section 8, Bid Bond.
15 Insurance: If the requirement applies, Bidder agrees it shall fully comply
� Shall a I with the insurance requirements in Appendix I.
PP Y
❑ Shall not apply. Compliance with the insurance requirements shall not relieve
ihe Contractor of its liability and obligation under ihis section
or under any other section o(the agreement.
16 Contrect Price: As indicated, contract pricing shall be based on lump sum or
unit pricing in accordance with Sedion 0400, Terms and
� Lump sum pricing shall Conditions of the Contract. The award shall be made in
apply. accordance with Section 0100, Insiructions to Bidders
❑ Unit ricin .
subsection 10, Method of Award.
17 Alternates: In determining the lowest bid, the Ciry may consider the total
6ase bid cost or ihe cost of the total base bid plus any selected
� Included. alternates (as applicable). The consideration of any bid
alternate (if applicable) shall be solely at the City's discretion.
❑ Not Included. Ii applicable, bid alternates will be detailed in the Bid Price
Form, Appendiz A. Determination of 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.
18 Contract Time& Schedule: Days for Substantial Completion: 240 days
Days for Final Completion: 60 days
Project Scheduling Soflware Required:
❑ Bar Chart
� Computerized CPM using Primavera "P6" software
❑ Modifed CPM
❑ Microsoft Project
Reference: Section 0400, Terms and Conditions of the
ConUac�.
19 Liquidated Damages: i. Failure to achieve Substantial Completion: $1,500/day
� Shall apply. Z. Failure to achieve Final Completion: $600/day
❑ Shall not apply. Reference: Section 0400, Terms and Conditions of the
Coniract.
E
20 Minimum% of Self-Work Minimum % of the Work Contractor self-perform with its own
Requirement forces: 10%
� Shall apply. See Section 0400, Terms and Conditions of the Contract.
❑ Shall not apply.
21 Performance & Payment See Section 0400, Terms and Conditions of the Contract.
Bond Requirements: 1. Formal Solicitations Terms and Condifions for Goods and
�Shall apply. Services
AND
❑ Shall not a I General Conditions for Consiruction Contracts
Pp Y
22 Davis-Bacon Wage Rates: If the requirement applies, Bidder agrees it, and its sub-
conhactors shall pay laborers and mechanics employed under
❑ Shall apply. the contract no less than the prevailing wage rate, and fringe
benefit paymenis to be used in implementation of this article
� Shall not apply. shall be those last published by the United States Department
of Labor in ihe Federal Register prior to ihe date of issuance
of the IT8
23 Local Workforce �
Participation: _ _..._.._ _ �:""^. _ ___ ^^"
24 Prevailing Wage Rates: �
.,..s r:..,.,. �.e..vi.
e o <��.- ��,� �.
r� �
��6u A..Ie r�f bc .. �(16e TQ
!� C 6 n (] D�e e � Dn�ve
.�i I.��
.. .. • mnm m �.�
� .._....._._ _. . . _ .�� �
��
25 Certifed Payroll Reporting Pursuant to City Code Section 3132, the Awarded contractor
Requirement: must submit certified payroll records along with each payment
application to allow the city to verify the wage rates paid to
� Shall apply. construction workers pertorming work on city projeds.
❑ Shall not apply. qll ceAifed payroll records submitted to ihe City shall, at a
minimum, include the name, address or zi code, labor
classifcation, hours worked, and hourly base rate paid (or
each laborer, mechanic, and apprentice employed by any
contrector or subcontractor on ihe work covered 6y the city
consiruction contract.
26 Required Permits: PERMITS: The CONTRACTOR shall obtain and pay for any
� Shall a I permits ihat may be required for execution of the work,
PP Y' including but not limited to:
❑ Shall not apply. �. City oi Miami Beach Building and Zoning Department.
2. City of Miami Beach Public Works Department
3. Florida Department of Environmental Protection
(FDEP), if required.
4. South Florida Water Management District, if required.
5. Miami-Dade Department of Environmental Resources
Management(DERM), i(required.
6. Miami-Dade Water and Sewer(WASD), if required.
7. Miami Dade County Transportation and Public Works:
Traffc Signals and Signs Division.
27 Trench Safety Act Reference: Section 0100, Sub-section 12, Florida Trench
Requirements Safety Act.
� Shall apply.
❑ Shall not apply.
28 Art in Public Places: This Project is subject to the Art in Public Places ("AiPP")
� Shall apply. provisions as set forth in Sections 82-561 through 82-612 0(
the City of Miami Beach Code, as managed by the City of
❑ Shall not a I Miami Beach Tourism and Culture Department. The Project
PPY� and/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 AiPP program. The Project andbr
Developer is required to work collaboratively with the Tourism
and Culture Department on the implementation of the AiPP
program, including constmction project coordination as
required by the project, pursuant to the requirements of said
program.
29 Consultant: James Corner Field Operations
4 Bryant Park
New York, NY 10018
215 888 1469
SUBMITTAL REQUIREMENTS
30 Submittal Location� Bids will be submitled ELECTRONICALLY ONLY ihrough
Periscope 52G (formerly known as BidSync)
(www.oeriscooeholdinqs.com ar www.bidsvnc.com).
31 Submittal Format & Bids are to be submitted ELECTRONICALLYONLY, contain
Requirements: all information, and organized in accordance with Section
0300, including:
_ BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION
f
- Submit the Bid Submitlal Questionnaire —
Construction: The questionnaire is an online
fillable form that must be completed and
su6miried electronically via Periscope S2G.
TAB 1: MINIMUM QUALIFICATIONS AND
SUBMITTAL REQUIREMENTS
Submit evidence, as specifically requested in
the ITB Summary, of compliance with each
minimum requirement(s) of this ITB. Bidders
lhat do not compty, 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 8 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 S). If the requirement
applies, the bid bond is a required
document that shall be submitted on or
before the deadline for bids.
• •
� � c �
• • � a � : • � _
� . � • " •
: � : �
� � • • •
� •
• � �
3. Schedule of Values (Appendix C).
_ � _ ,
• - � • •
. �
TAB 3: OTHER BID FORMS
Submit other forms if required in the ITB
Summary, including but not limited to:
1. Local Workforce Participation
Program Responsible Contractor
Affidavit Form (Appendix D) If the ITB
Summary indicates a Local Workforce
Participation Program is applicable,then
this form must be submitted.
2. Trench Safety Certification Form
(Appendix E) If the ITB Summary
indicates a Trench Safety Act is
applicable, then this form must be
submitted.
!
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 ......... ................ .._...... ....._............_.........INSTRUCTIONS TO BIDDERS
0200 ................_..................................................................._......MINIMUM QUALIFICATIONS
0300 .................................................................................................BID SUBMITTAL FORMAT
0400 .............................................................. TERMS 8 CONDITIONS (Under separate cover)
APPENDICES:
APPENDIXA .................................................................................................. BID PRICE FORM
APPENDIXB ...................................................................................................BID BOND FORM
APPENDIXC .._............._.....................................................................SCHEWLE 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 8 SPECIFICATIONS
APPENDIX H ...........................................................................................POST AWARD FORMS
APPENDIX I ................................................................................INSURANCE REQUIREMENTS
I
. � �� . . : . .
1. General. This Invitation to Bid QTB) is issued by the City of Miami Beach, Florida (the "City"),
as the means for prospective Bidders to submit their qualifcations 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
ihe complete terms, conditions, and obligations of ihe Bidders and, subsequently, ihe
successful Bidder(s) (the "conhactor[s]") if this ITB resWts in an award.
The City utilizes Periscope S2G (formerty known as BidSync) (www.periscooeholdinqs.com
or wvnv.bidsYnc.com) for automatic notification of competitive solicitation opportunities and
document fulfllment, including the issuance of any addendum to this ITB. Any prospective
Bidder who has received ihis ITB by any means other than through Periscope S2G must
register immediately with Periscope S2G to ensure it receives any addendum issued to this
ITB. Failure to receive an addendum may result in disqualification of the proposal submitted.
2. Backqround and Scope of Work. The Project is described more fully in the Invitation to Bid
Summary (and any exhibits referenced therein).
3. Abbreviations and Svmbols. The abbreviations used throughout ihe Contract Documents
are defined in the Technical Specifcations.The symbols used in the Plans are defned therein.
4. Examination of Contract Documents and Site. It is the responsibility of each Bidder, before
su6miriing 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, pertormance, or furnishing of the Work.
c Take into account federal, state, and local (Ciry and Miami-Dade County) laws,
regulations, permits, and ordinances that may affect costs, progress, pertormance,
�urnishing of the Work, or award.
d. Study and carefully correlate Bidder's observations with the Contract�ocuments.
e. Carefulty review the Contract Documents and notify the Ciry of all conflicis, errors, or
discrepancies in the Contract Documenis of which Bidder knows or reasonably
should have known.
The submission of a Bid shall constitute an inconirovertible representation by Bidder that
Bidder has complied with the above requiremenls and ihat, without exception, the Bid is
premised upon performing and fumishing the Work required by the Contract Documents and
that the Contract Documents are sufficient in scope and delail to indicate and convey
an understanding of all terms and conditions for pertormance and furnishing of the Work.
5. Location of Work. This Scope of Work shall be completed at the Project Site/Location of the
Work specifed in the Invitation to Bid Summary (the "Project Site").
6. Pre-Bid Interoretations. Only those questions answered by ihe City's Procurement
Department, via written addendum to this ITB shall be binding as to ihis ITB. City's answers
to questions may supersede terms noted in this ITB, and in such event, such answers shall
govern and control this ITB. Verbal and other interpretations or clari(cations 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 ihe 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 BidlTender Form included
herein and must give ihe price in sirict accordance with the insiructions 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 any possible delay.
8. Bid Bond. If the Invitation to Bid Summary specifes that a bid bond is required, ihe 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 o(Miami
Beach, Florida, as guarantee of good faith on ihe part of the Bidder that, if awarded, it will
enter into a contract within 30 days of notifcation of award. Bid bonds must be issued by a
surery 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, electronic copy, paper (original or
certified hard copy),or cashlcheck bid bonds are acceptable in the following forms
only:
1. Electronic Bid Bond. Bidder may submit an electronic bid bond, pmvided by
Surery2000.com (verified by an eleven-digit code generated by the
Surety2000 system)and provided by ihe Bidder with ihe bid. The insiructions
for obtaining a bid bond through Surety2000 are below.
1. Register witM1 Surety2000 by visi�ing vrvnv sureN2000 com. If you M1ave previously
registeretl with Surery2000,you will not rieetl ro reglsler again.
2. Venfy ihat your Sure�y Bmker is registeretl wi�h Surety2000. If iM1ey are not tlirecl
them�o visil www suren2000 com to register.
3. PmviOeyou�5urelyBroke�wRhlM1ebondtlelailsb��M1epmposalyouwan�tobitlon.
4. Once yom Sure�y Bmker�as confi�metl t�e execulion ot IM1e electmnic Bontl.IOB In�o
www.sureN2000 com lo tligilalty sign ihe Bontl ana receive Ihe eleven-tligit bonC
number.
& En�er IM1is numbe�wM1ere indica(ed in IM1e bitl proposal su�mission.
TM1e op[ion to cubmi[an elec[ronic bitl bond is provitletl solely for[�e ronveniance of
Ne BlGtler. TM1e Bietler is solely responsiEle for ensuring thal the City nceives an
elec[ronic bitl in the manner antl by Ne[ime antl tlate prescriEetl herein.The Ciry is
not respaneible for any issuea,[echnical or otM1e�wiae,relaOng[o Ne uae oi[�e Surely
2000 sys[em by a bitlGer.Forqueations regartling[M1e Surary 1000 syatem,confect 1-
BOOb60-3263 or M1elD�sureNN100 co
Or
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 submirial of bids. Failure to submit an electronic copy of
the bid bond through Periscope 52G or bid bonds received after ihe deadline
for submittal of bids will not be acceptable and shall render the bid submittal
non-responsive. The City may require the onginal bid bond to be submitted
within three (3) days from request.
f
o�
3. Paper Bid Bond. Bidder may submit an original or certified hard copy (paper)
bid bond, which the City must receive on or before ihe deadline for submittal
of bids. FaiWre to submit an original or certiied hard copy (paper) bid bond or
bid bonds received afler 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 Offce
1700 Convention Center Dr., 1 st Roor
Miami Beach, 33139— 1 st Floor
Or
4. Certified or Cashier's Check. Bidder may submit a certifed check or cashier's
check issued by any national or state bank (United Sfates) 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 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 forteited
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 Insurence, within ten (10) calendar days aker the Bidder's receipt
of the Contract for execution, or failure to comply with any other requiremenis set
forth herein. Bid bonds of the unsuccessful Bidders will be returned aker the
successful Bidder is awarded.
9. Prevailinq Waqe Rates & Local Workforce Particioa[ion. See I7B Bid Summary to
de�ermine if prevailing wages and local work(orce participalion are a requirement of this ITB.
If required, Chapter 31, Articles II and III, of the Code of City of Miami Beach requires that
the rate of wages and fringe benef�s, or cash equivalent, for all laborers, mechanics and
apprentices employed by any contractor or subconiractor on ihe 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 classifcations of work, as established by the Federal
Register last published by the United States Department of Labor prior to the date of issuance
ofthis solicitation.Additionally,the contractorwill make its best reasonable effortsto 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 pertormed 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 and submittal requirements of these programs and the applicable
prevailing wage table for the project.
�
70. 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, specifcations, 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 specifcations of the ITB.
When the Grand Total Bid plus any altemates selected is in excess of the amount
established in section 2366 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 specifcations of the ITB.
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 pertorm 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
2367 of the City Code.
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
f
binding contract will exist upon the complete execution and delivery of the City's
Contract.
11. Contrect 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 ihe Owner's Contingency,
includes, without limitation, all costs for all labor, matenals, equipment, fixtures, freight, field
supervision, supervisory expenses, project vehicles, feld offce and equipment, postage and
delivery, safety and frst 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 proft required for completion
of all the Work in accordance with the requirements of the Contrect Documents, including
work reasonably inferable therefrom, even if such items of Work are not specifcally or
expressly identified as part of a line item in the Bid Price Form.
12. Florida Trench SafeN Act. If the work involves trench excavations that will exceed a depth
of 5 feet, the requirements of Florida Statutes, Chapter 553, Pah III, Trench Safety Act, will
be in effect. The Bidder, by viAue of submitting a bid, certifies that such Act will be complied
with during the execution of ihe work. Bidder acknowledges that the total bid price includes
all costs for complying with the Rorida Trench Safety Act The Trench Safety Certifcation
Form can be found in Appendiz E. If ITB Summary indicates a Trench Safery Act is
applicable, ihen this form must be submitted.
73. E-Veri .As a contractor,you are obligated to comply with the provisions of Section 448.095,
Fla Stat., "Employment Eligibility." Therefore, you shall utilize ihe 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 b the Conirect to likewise
utilize the U.S. Department of Homeland Securitys E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term.
14. Howto Manaqe or Create a Vendor Profile on Vendor Self Service (VSSI. 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
(httos:l/selfservice.miamibeachFl.qov/vssNendorsldefault.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
vendorsu 000rt(a�miamibeachfl.oov.
15. Suoulier DiversiN. 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.
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 ihe
City's supplier registry (Vendor Sel(-Service) and bid system (Periscope S2G, Supplier-to-
Govemment). These are hvo tlifferent systems, and you must register for both.
Click to see acceptable certification and to registec httpsl/www.miamibeachfLqoWciN-
hall/orocu rementlh ow-to-beco me-a-vendor/
1
. � �� . . . • .
The Minimum Eligibility Requiremenis for this solicitation are listed in the ITB Bid Summary.
Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shali
not have its bid considered.
Rest of naae lek blank intentionallv.
�
. � � � - . : . . -
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 modifed bid to replace all or any portion of a previously submitted
bid until ihe deadline for bid submittals. The City will only consider the latest version of the
bid.
Elecironic bid submissions may require the uploading of attachments. All documents
should be ariached as separate fles in accordance with the instructions included in
Section 4 below. Attachments containing embedded documenis or proprietary file
extensions are pmhibited. It is the Bidder's resoonsibilitv to ensure that its bid. indudinq
all attachments is uoloaded successfullv.
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 suificient
time for the submittal of bids and uploading of attachments.Any technical issues must be
submitled to Periscope S2G (formerty BidSync)by contacting(800)990-9339 (toll-free)or
S2GCdoeriscooeholdinqs.com. The City cannot assist with technical issues regarding
submirials 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 ITB. It is an
online fillable form that must be completed and submitled electronically via
Periscope S2G.)
b. Bid Price Form (Appendiz A)
c. Bid Bond (Appendix B) If the ITB 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 ot Values (Appendix C) Shall be submitted with the bid or within three
(3) days of request from the City.
3. OMITTED INFORMATION. The Cily reserves the right to request any documentation
omitted, with the exception of the required documents set forth in sectian 2 above,
which must be submitted at the time of 6id. 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 omitled
documentation within three (3) 6usiness days upon request from fhe City, or the bid may
be deemed non-responsive. Non-responsive bid packages will receive no further
consideration.
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 specifed below.
The electronic submittal should be tabbed as enumerated below and contain a table of
contents with page references. The electronic proposal shall be submifled through the
"Line Items"attachment tab in Periscope S2G.
TAB 1: MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
Submit evidence, as speciically requested in ihe ITB Summary, of
compliance with each minimum requirement(s) of this ITB. 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 ihe
requirement applies, the bid bond is a required document that
shall be submitted on or before the deadline for bids.
• • • �
c � • • • � c � a • � c • . �
• • • o � c �
� � • • • � •
• � �
3. Schedule of Values (Appendix C)
� : � � -
� . • •
TAB 3: OTHER BID FORMS
Submit any other form requested on the ITB Summary, including but not
limited to:
1. Local Workforce Participation Program Responsible
ConGactor Affidavit Form (Appendix C) If ITB Summary
indicates a Local Workforce Participation Program is applicable,
then this form must be submitted).
2. Trench Safety Certification Form (Appendix E) If the ITB
Summary intlicates a Trench Safery Act is applicable, then ihis
form must be submitted.
Rest o/oaae left blank intentionallv.
I
, . , , . . . .
The following documents identify terms and conditions that together with the ITB, inclusive of all
appendixes and addenda, whether included herein or released under separate cover, comprise
ihe 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
contracror.
i. FORMAL SOLICITATIONS TERMS 8 CONDITIONS - GOODS AND SERVICES. By
virtue of submitting a bid in response to this ITB, Bidder agrees to be bound by and in
compliance with the Solicitation Terms and Conditions (dated 10272022), incorporated
herein, located at:
hrios 7/www.miamibeachfl.aovlciN-hal Ilprocu remenUstandard-terms-a nd-cond itions/
2. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting
a bid in response to ihis ITB, Bidder agrees that all work shall be bound by and in
compliance with the General Conditions for Constmction Contracts (dated 4/13/20),
incorporated herein, located at:
https://www.miamibeachfl.00v/ciN-hall/procuremenUstandard-terms-and-conditions/
Rest o/pa4e leR blank intentionallv.
1
APPENDIX A
� � � � � � � �� �
Bid Price Form
. : . . . . .
. : . . • .
(
Bid Price Form
• : � •• •• • • ■ • •- - •- �
� •' : ■ � • : � • •• • ■ : �� -
• � ' •
The TOTAL BASE BID amount includes the all-incWsive total cost for the work specifed 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(or receipt of bids.
In the event of a discrepancy belween the sum of ihe 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 disquali(y the
Bidder.
The allowance items that have been delineated below shall be used only at the City's discretion, as
needed. In the event fhat an allowance is not used in its entirety, any remaining balance shall be
re(lected in a deductive change order.
TOTAL BASE BID
. . : • : . � • $ �
' Indemnification of Ciry $25.00
Permit Allowance $75,000.00
. •
_ $
'See Section 010Q Sub-section 12.
ADDITIVE ALTERNATES
Selection of deductive altemates, if any, will be made pursuant to Section 0100, No. 10 Method of
Award.
. � •
Installing siructural soils in lieu of
soil cells. Refer to sheets LA-173,
7 LA 173.A, LA 301, LA-808-A, 1 LS $
Detail 3-Soil prof le A on sheet LA-
809
DEDUCTIVE ALTERNATES
Selection ot deductive alternates, if any, will be made pursuant to Section 010Q No. 10 Method of
Award.
. - •
Installing soil cells Profle C (Base
Bid) per detail 2 on sheet LA-809,
1 Also refer to sheets, LA-173, LA 1 LS $
173.A, LA 301, LA-808.A and Soil
S ecifications.
i
APPENDIX B
� I � � I � � �� �
BID BOND FORM
• . . . . . - -. . . . : .
I
BID BOND
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 frmly 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 fve percent
(5%) of the Contractor's Total Base Bid amount of$ 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 [o 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 Prqect Manual, the detailed Plans and Specifications, and
any Addenda thereto, 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 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 Certifcates 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.
i
BID BOND
Page 2 of 2
IN WITNESS WHEREOF, the said Principal and the said Surety have duly
executed this bond ihe
day of 20_
PRINCIPAL:
(Contractor Name)
Signature
Print Name(Principal)
Title
SURETY:
(Surety Name)
Attorney-in-Fact(Print Name)
Signature
(Power of Attorney must be attached.)
�
�
APPENDIX C
I 'V 1 I �11 � 1 I 1.� L /�"�l � i i
_ _ .
SCHEDULE OF VALUES
. : . . -
: � . �
l
SCHEDULE OF VALUES
Bidders should fully complete the Schedule of Values to include quantities, units of ineasure, 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 e�ctended total prices must be
stated in units of quantity specifed in the bidding specifications. Bidder agrees ihat any unit price listed in the
Bid is to be mWtiplied by the s�a�ed quantity requiremenis in order to arrive at the total.
CBS Farenst
Position Oescriptian (r/0)Ouantity UNR ConhactorBitlAmount
COEe
1 GENERALLONOITIONS/GENERALRE�UIREMENTS I.04 LS 5
P OM SERIES�OEMOlITIOM I.00 LS f '�.
� 11 REMOVAL-CIPCONCRETEPAVING 100 LS f
I s
P.P REMOVAL-TREEPIT I.00 LS
I
23 REMOVAL-PLANTINGAREAS 1.00 LS 5
� 5
2.4 REM�VAL-TREE(LARGE) 1.00 LS ��.
� 2.5 PROTECTION-EXISTINGMASTLIGHT 1.00 LS s ��.
� 3 C SERIES(CIVIL) 1.00 LS f �'�
�
31 M/INTENANCE REMS 100 LS f .
31 EROSIONCONTROL 1.00 LS 5 I
33 UNOEFGROUN06AT-CRA�EUTILIlVOEMOLIiION 1.00 LS f �
3.4 SANRARVSEWERGRAVITV I.00 LS f �'�
35 SANITqRVSEWERPRE55UFIZEO 1.00 LS s �
3.6 STORMSEWERGRAVIiY 1.00 LS f ���.
39 WAiER I.00 LS s ��
38 ROAOWAV t00 LS E
4 PMSERIES(SIGNAGEANDPAVEMEPRMARMINGS) 1.00 LS s
41 PAVEMENTMARKINGS 100 LS s
L2 SIGNAGE I.00 LS s
5 TSERIES(SIGNALIZATION) I.00 LS s
6 LASERIES(LANDSCAPEARCHITECTURE) 1.00 LS f
6.1 PAVEMENT I.pO LS f
62 PLANTERS 100 LS S
68 FOFNISHING I.00 LS E
6.4 LANOSLAPING I.pO LS S
� E SERIES(ELECTRICAL) I.00 LS s
8 IRSERIES(IRRIGATION) I.00 LS f
9 W SERIES(WAYFINOING SIGNS) I.00 LS S
I
APPENDIX D
/ V11 /� 1V11 i� t /�-'��, �
Prevailing Wage and Local Workforce
Participation Programs
• . . . . . - - -. - . . : .
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.
� :
1. Employee Compensation. The rate of wages and fringe benefts, 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 classifcations ofwork
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 artide applies, the contrector 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, 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" indica[ing that the
payrolls are correct and complete and that each laborer or mechanic has been paid not
less than [he proper prevailing wage rate for the work pertormed. Beginning, January 3Q
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
such time as the Procurement Department has confirmed that a certifed payroll for the
applicable payment application has been accurately submitted in LCP Tracker.
a. LCP Trecker Training. The Procurement Department offers ongoing training in
LCP Treckerto all contrectors. To schedule a training session, contact Monica Garcia
at MonicaGarcia@MiamiBeachFL.gov or at 305-673-7490.
• • • •' • • �
7. Responsible Contrector Affidavit (RCA�. As a condition of being responsive to the
requirements of the solicitation and eligible to be considered for award, [he CoMrector
shall submit a Responsible Contractor Affidavit affrming 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
cons[ruction labor hours performed by Miami-Dade County residents. The Contrectorshall
also affrm 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.
i
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 fnal Workforce Performance Report. If the project goal of thirry percent (30%) of all
construction labor hours to be performed by Miami-Dade County residents is not met, the
Contrector shall submit supporting documentation verifying reasonable efforts to promote
employment opportunities for Miami Beach and Miami-Dade County residents. No fnal
payment application may be approved without this information.
Balance o/Paoe Intentionallv Left Blank
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� E6
APPENDIX E
t V � I I _ "� � i� i I i..� L. f_`�► � 1 i
Trench Safety
Act Certification
• . .. _ . - -. - . . : .
i
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 incorporetes the
Occupational Safety 8 Health Administration (OSHA) revised excavation safery 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 safery 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:
Unit Uni�
Description of Measure Quantity Price Extended Method
Total $
Name of Bidder
Authorized Signature of Bidder
CONSIDERATION FOR INDEMNIFICATION OF CITY
Consideration for Indemnifcation of City $25.00
❑Cost tor compliance to all Federal and State requiremenis of the Trench Safety Act'
[NOTE: If the box above is checked, the Bidtler must fill out the preceding Trench Safety Act
Form in order to be considered responsive.]
�
APPENDIX F
J V iiim�� ! 'V � I 1.�' L � � i i
Contract
CONTRACT
THIS CONTRACT ("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, (or and in consideration of ihe payments hereinafler
specifed and agreed to be made by the Ciry, hereby covenants and agrees to lumish and
deliver all the materials required,to do and pertorm all the work and labor, in a satisfactory
and workmanlike manner, required to complete this Contrect within the time specifed, in
strict and entire conformity with the Plans, Specifcations, and other Contract Documents,
which are hereby incorporated into this Contract by reference, for:
ITB 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 City,
and their respective officers and employees, from liabilities, damages, losses and costs
including, but not limited iq reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of Contractor and persons
employed or utilized by Coniractor in the performance of this Coniract.
7he requirements of the Contract Documents, as such term is defined in the Invitation by
reference to ihe General Conditions for Construction Contracts dated
are hereby incorporated by reference as if fully set forth herein. Without limiting the
foregoing, the Contrect Documents expressly include this Contract, Attachment A (the
City's General Conditions for Consiruction Contracts), Attachment B (Plans and
Specifications, Invitation to Bid No. and all Addenda ihereto), Attachment
C ( Sunbiz Entiry Detail and Contracbr's Response to the ITB), and Attachment D
(Insurance requiremenis). Por the avoidance of doubt, all of the documents constituting
the ConUact Documents now or hereafter existing (inGuding any Change Orders, Work
Orders, Field Orders, schedules, shop drawings, issued subsequent to the date of this
Contrect etc.) shall govem this Project.
In consideration of these premises,ihe City hereby agrees to pay to the Contractor for the
said work, when fully completed, the total maximum sum of f Total Base Bid below
+ allowance account ��ems+/_aflernates+continaencvl dollars($
) (the "Contract Price"), consisting of the following accepted items or
schedules of work as taken Gom�he Contractor's Bid Submittal:
TotalBaseBid ..........._............................_..........................................._.............$
f
Total Allowance Account Items.............................................................................$
Total Altemate Items (if applicable)........._._.........._.............................................$
Total Owner's Contingency.......................................................................$
ContractPrice.............................._...._....._................__...............$
The Contract Price, exclusive of the Owner's Contingency, includes, without limitation, all
costs for all labor, materials, equipment, fxtures, freight, feld supervision, supervisory
expenses, project vehicles, field offce and equipment, postage and delivery, safery 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 ihe
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 Documenis.
Coniract Time.
Days for Substantial Completion: _days trom Notice to Proceed No. 2
Days for Final Completion: _days from Substantial Completion
Liquidated Damaoes.
Failure to achieve Substantial Completion: /day
Failure to achieve Final Completion: /day
Proiect Team.
Contractoc
Consultant:
Conirect Administrator for the City:
[CONSIDER IF THERE ARE ANY OTHER POSITIONS TO INC�UDE]
�
Notices.
A notice or communication, under this Contract by the City or Contractor shall be
suffciently given or delivered if in writing and dispatched by hand delivery, or by nationally
recognized overnight courier providing receipts, or by registered or certifed mail, postage
prepaid, retum receipt requested, to such party's address as set forth in ihe 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 fve (5) days afler deposit in the U.S. mails.
The place for giving notice shall remain the same as set forth herein, unless such notice
intormation is revised in a Contract amendment duly executed by the Ciry and the
Contrector. For the present, the parties designate the following:
For Ci :
Office of Caoital Imorovement Proiects
1700 Convention Center Drive
Miami Beach. FL 33739
Attn: Office of Caoital Imorovement Proiects Director
With copies to:
Citv Attarnev
CiN of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
Attn:
i
,
IN WITNESS WHEREOF,the above parties have caused this Contract to be execuled by
their appropriate officials as of the date first above written.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
By:
Rafael E. Granado, City Clerk Alina T. Hudak, Ciry Manager
(sea1J
ATTEST: [INSERT CONTRACTOR NAME]
By:
Name: Name:
(seal]
�
APPENDIX G
i V V i / ,� I 'v i i i.J' � i`"""� � i i
Plans & Specifications
Uploaded Separately to PeriscopeS2G
i
APPENDIX H
Iv � � � � V , � � � �� �
Post Award Forms
MIAMIBEACH
FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal,
hereinafler called Contractor, and , as Surety, are bound
to the Ciry of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for ihe 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 Coniract, BidlContract
No.: , awarded the day of , 20_, with City
which Contract Documents are by reference inco�porated herein and made a part hereof, and
specifcally include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contracf';
THE CONDITION OF THIS BOND is that if Contractoc
1. Performs the Coniract behveen Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in ihe manner prescribed in ihe Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Coniractor under the
Contract; and
3. Pertorms the guarantee of all work and materials furnished under the Coniract for the time
specifed in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
Whenever Contrector 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 Projecl in accordance with the�erms and conditions of the Coniract
Documents; or
32. 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
I
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 ihe Surety may be liable hereunder,
the amount set forth in the frst paragraph hereof. The term "balance of ihe
Contract Price," as used in this paragraph, shall mean Ihe total amount payable
by City to Contractor under the Conirect and any amendments thereto, less the
amount properly paid by Ciry to Contractor.
No right of action shall accrue on this bond lo or for ihe use of any person or corporation
o�her than Ci�y named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes does not affect Surety's obligation under ihis Bond.
Signed and sealed this day of , 20_.
WITNESSES:
(Name of Corporation)
Secretary By:
' (Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(CitylState/Zip Code)
Telephone No.:
1
FORM OF PAYMENT BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called Ciry, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by writlen agreement entered into a Contract, Bid/Conirect
No.: , awarded the day of , 20_, with City
which Contrect Documents are by reference incorporated herein and made a part hereot, and
specifcally indude provision for liquidated damages, and other damages identifed, and for the
purposes of this Bond are hereafler re(erred to as the"ContracP';
THE CONDITION OF THIS BOND is that if Coniractor:
1. Pays Ciry all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under ihe
Conirect; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-fve
(45) days aker 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 far protection.
2.2. A claimant who is not in priviry with Contractor and who has not received paymen�
for its labor, materials,or supplies shall,within ninery(90)days aker pertormance
of the labor or afler complete delivery of the materials or supplies, deliver to
Contractor and to the Surety, written notice of the pertormance of the labor or
delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor
or the Surety unless the notices stated under the preceding wnditions(2.1)and
(22) 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.
i
The Surety hereby waives notice of and agrees that any changes in or under ihe Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes does not affect the Surery's obligation under this Bond.
Signed and sealed this day of , 20_
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (SignaWre)
(Corporate Seap (Print Name and Title)
_day of , 20_
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(Ciry/State/Zip Code)
Telephone No.:
i
CERTIFICATE AS TO CORPORATE PRINCIPAL
� , certify ihat I am the Secretary of
ihe corporation named as Principal in the foregoing Performance and Payment Bond
(Pertormance Bond and Payment Bond); that , who signed the
Bond(s) on behalf of the Principal, was ihen of said corporation; ihat I know
his/her signature; and his/her signature therelo is genuine; and that said Bond(s)was (were)duly
signed, sealed and attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary(on behalf oQ
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me frst duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance
and Payment Bond (Pertormance Bond and Payment Bond) on behalf of Coniractor named
therein in favor of Ciry.
Subscribed and Sworn to before me this _ day of ,
20
My commission ezpires:
Notary Publiq State o(Florida at Large
Bonded by
i
PERFORMANCE AND PAYMENT BOND FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Benefciarv: Aoplicant:
City of Miami Beach Amount:
1700 Convention Center Drive in United States Funds
Miami Beach, Florida 33139
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for ihe 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 pertormance of certain obligations on the part
(contractor, applicant, wstomer) agreed upon by and behveen the Ciry of Miami 8each,
Florida and (coniractor), 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)
Draks must bear ihe 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
erztended, which notice must be provided at least thirty (30) days prior to the ezpiration date of
ihe original term hereof or any renewed one(1)year term. Notifcation to the City that this Lefler
of Credit will expire prior to pertormance 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 amplifed by reference to any documen�s, insUument, or agreement
referred to herein or to which this Lefter of Credit is referred or�his Letter of Credi� relates, and
any such reference shall not be deemed lo incorporate herein 6y reference any document,
insirument, or agreement.
We hereby agree with the drawers, endorsers, and bona fde holders of all drafls drawn under
and in compliance with the terms of this credit that such draks will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1)year afler the Final Completion of
the Project by ihe
(contractor, applicant, customer)
This Credit is subject to the "Uni(orm Customs and Practice for pocumentary 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 pocumentary 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
�
CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT: ConsultanC
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor :
CONTRACTFOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be substantially
complete and all documents required to be submitted by Contrector unde� the Contract
Documenis have been received and accepted. The Date of Substantial Completion of the Project
or portion thereof designated above is hereby established as which is also the date of
commencement of applicable warranties required by the Contract Documents, ezcept as stated
below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion thereof
designated by City is ihe date certifed by Consultant when all
conditions and requirements of permits and regulatory agencies
have been satisfed and the Work, is sufficiently complete in
accordance with the Contract Documents, so the Project is
available for benefcial occupancy by City. A Certificate of
Occupancy must be issued for Substantial Completion to be
achieved, however, ihe issuance of a Certifcate of Occupancy or
the date thereof are not to be determinative of the achievement or
date of Substantial Completion.
A list of items to be completed or corrected, prepared by Consultant and approved by City, is
attached hereto. The failure to include any items on such list does not alter the responsibility of
Contractor to complete all work in accordance with the Contrect Documents. The date of
commencement of warranties for items on the attached list will be the date of fnal payment unless
otherwise agreed in writing.
In accordance with Section 6 of the General Conditions, Contrector will complete or corred the
work on the list of items attached hereto within from the above Date
of Substantial Completion.
Consultant BY DATE
City, through the Contract Administrator, accepts the Work or portion thereof designated by City
as substantially complete and will assume full possession thereof at
(time)on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of City and Contrectorfor security, maintenance, heat, utilities,damage to the
work and insurance shall be as follows:
I
FINAL CERTIFICATE OF PAYMENT:
PROJECT: Consultant�.
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor
CONTRACTFOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been satisfed. The
documents required by Section 6 of the General Conditions, and the fnal bill of materials, if
required, have been received and accepted. The Work required by the Contract Documents has
been reviewed and the undersigned certifes that ihe Work, including minor corrective work, has
been completed in accordance with the provision of the Contract Documents and is accepted
under�he terms and conditions thereof.
Consultant BY DATE
City, through the Contract Adminisirator, accepts the work as fully complete and will assume full
possession thereof at
(time)
(date)
City of Miami Beach, Fbrida
By Contract Administretor Date
FORM OF FINAL RECEIPT:
[fhe following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received ihis day of , 20 , from City o(
Miami Beach, Florida, the sum of Dollars
($ 1 as full and fnal payment to Coniractor for all work and materials for ihe
Project described as:
This sum includes full and fnal payment for all extra work and material and all incidentals.
Contractor hereby indemnifies and releases City from all liens and claims whatsoever
arising out of the Contract and Project.
Contractor hereby certifies that all persons doing work upon or furnishing materials or
supplies for the Project have been paid in full. In lieu of this certification regarding payment for
work, materials and supplies, Conirector may submit a consent of surery to fnal payment in a
form satisfactory to Ciry.
Contractor further certifes 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.]
Contrector
ATTEST:
(Name of Corporalion)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
_day of , 20�If not
incorporated sign below.]
Contractor
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
_day of , 20_
V
APPENDIX I
� viiHrvi � � � �� �i
Insurance Requirements
The Coniractor shall maintain the below required insurance in effect prior to awarding the contract
and for ihe 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 ofthe contract,which could result in withholding of payments ortermination of the contract.
A. Worke�s' Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liabili�y 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 wririen statement detailing the number
of employees and that ihey are not required to carry Workers' Compensation
insurance and do not anticipate hiring any additional employees during the term of
this conirect or(ii)a copy of a Certifcate of Ezemption.
B. Commercial General Liability Insurance on an occurrence basis, including producis
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $2,OOQ000 per occurrence. If a general
aggregate limit applies, either the general aggregate limi� shall apply separa�ely to
this project or the general aggregate limit shall be hvice the required ocwrrence
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 ihan $2,OOQ000 combined per accident for bodily injury and property
damage.
D. Installation Floater Insurance against damage or desiruction ot the materials or
equipment in Uansit tq or stored on or off the Project Site, which is to be used
(installed into a building or structure) in the Project. (City o(Miami Beach shall
Named as a Loss Payee on fhis policy, as its interest may appear This policy shall
remain in force until acceptance ol the projec[by the City.J
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 peAormed on behalf of the contractor including
materials, pahs, or equipmen� furnished in connection with such work or operations and
automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's
insurance.
Notice of Cancellation- Each insurance policy required above shall provide that coverage shall
not be cancelled,except with notice to the City of Miami Beach Go EXIGIS Insurance Compliance
Services.
i
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 Ciry 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 certifcates and
amendatory endorsements, or copies of the applicable insurance language, eRecting coverage
required by this contract All certifcates 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 shalt not waive the Contractor's obligation to provide them. The Ciry reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements, required by these specifcations, at any time.
CER7IFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Boz 4668— ECM#35050
New York, NY 10163-4668
Kindly submit all certifcates of insurance,endorsements,ezemption letters to our servicing agent,
EXIGIS, at:
Certificates-miami beach Ca�ris kworks.com
Special Risks or Circumstances -The City of Miami Beach reserves ihe 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 requiremenis shall not relieve the Contractor of his liability and
obligation under this section or under any other section of this agreement.
�
ATTACHMENT C
SUNBIZ&PROPOSAL RESPONSE TO ITB
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I
BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION
socwmixo�. w�omoa�rm.:
BI�NUMBER PROJECTTITLE
.�w.w.Ersi m�Ew�.�sooEa..EowoEwi.,�Ei.w�e.�.ws�.w. o . �. .E . �..n .or�.w�o.Era..
A ow�w.w..noaE�irr.00�haer.�..r�.mo�..o.o.�
W�r�P E.Hi�..�..�..or�.�..�
By virlua ot su�milting a bd,�idtler agrees'.a)b wmpale and unmiditional acsplance of Ne leims anE conEifions af Nls Eocumenl,inGusive of Nis
solitiUlion,all specifitations,atUc�menLs,ex�i�il�aM appeMicesana Me wnlen6 af arryAEEenEa relwuE Aereto',b)W be EounQ a�a minimum,to any
and all speufitations,le�ms and mntlilions mn�aine]�e'ein or MdenJa�,c)Mal Ne OiEEer Aas not Eivulg�,EiuusseE,or mmparetl Ne pmposal wi1M1
oNer CitlEers anE�as nol coIIWtN wilh any oNer biCEer or paM m any olher biQ E)ihal biEtler acknowletlges Ihat a0lntpimeliom m�tain H�erein Is part
of Ne public aortain as Jefirae by Ihe Stale at Flarda Sunshlra aM Pudic RecaNs laws;e)tAe blEtler agrees ii @is bitl is accepled�o execute an
appropnate Ciry ot Miami 8�M aowmenl br Ne O�N�e o�es�a�lishlnA a brmal mnbatlwl relatbnsM1ip beNreen Ne bitltler aiM iM1e Gity of Miami 6eacM1,
Fbriea,for Ne peRo�manw N all Rquiremen6 b wfiicM1 iM1e�id petUins;and Q Ihal all responus,tlaU antl inb�malion wnlairrtE In Ne bitl submi�lal are
Waantlaccurele.
TM1e�intlivitluel nametl ONow aRirme tM1al ane:is e o���ipel of iM1e ao�limnt tluly eulM1onzeE m eFeorte Nis questionneire,aM Ihat Ne mnlen6 M sak
Eacumenqs)are mmplele,Vue,aM m'2c1 to the best of nis/ner kmWe]ge anJ beliH
Name of Bidder's Authanzed Representative: Ttle of Bidder'sAuthonzeC
IVAN BU5T0111 Representa�ive:
PD
After issuance of solici�etion, the City may release one or more atltlendum lo Ne solicitatioq whicM1 may pmvitle atltlitianal
in(ormation to bldders or alter solicitetion requlremenls.TM1e City will sMve to reach every bidder having receivetl sollcite0on
lM1mugh�he Ciry's e-pmwremen[syslem. However,bitltlers are solety responsible(or assuring Ihey have receiveJ eny an�all
atltlentlum issuetl pursuan��o solicilation.ThlsAcknowle0gement ofNtlJentlum secPion ceM1ifies Ihe�Ihe bitltle��as�eceive�all
atltlendum releesetl�y iM1a Cily pu5uant to this wlicitetioa Failure b abGin and acknowletlge receipt of all atlEentla may resNt
in proposaldisqualifiretion.
Enterini�ialto Enlerini�iallo Enterinitialta
COMrtn CoMrm ConfrmReceip�
Recei t Recei t
IB Addentlum 1 qtlaentlum 6 AEtlentlum 11
IB Adaentlum 2 Atltlendum] Atltlentluml2
IB ACdenaum 3 Mtlenaum e Atltlentlum 13
ACdentlum 4 Atltlentlum 9 Atltlentlum 14
Adtlentlum 5 qtltlentlum 10 Atltlendum 15
I(atltlitional confirtna[ion N etltlentlum Is required,submit unaerseparate cover.
7. Pmvide IM namas W aach owner (nbdholtleq sols proptletor, aM partner�, dinclar, or alfiur of iha compairy,below.
SubmB atltlilional nemes on a aepanb shnl if nquirod.
VAN BUST0111 0 0
ANBIISTOJR 0 EO
Y.Rmitla rt Imet Niae(])reknnm ofworkaimilar In elss enE neWre u iM worM rehnnuE in aolicihlbn.
PmjalNo. BIONIIMBEft
PiqadTitle PROJECTTRLE
Whnnm No.1
Firtn Name:MIAMI9EACH CIP
Contac[Intlividuel Name antl Tille:ARIEL GOITUIN
AEErem:1100 Lonvention CantsrDriw,Mlami Ba¢M1,FL 33118
Telephone:]E&]538806
Con�ed's Email:Ar1alGuitien�mi�mibe¢Rgov
Namative on Scope of Services Providea:
NORTH BEACH OCF.ANSNE PARI(,REHABILITIATION OF 19 ACRES MOMCIPAL PARK WITH NEW OtiDERf,NOUND
UTILITIF.S FOR iHE E�YTIRE PARK
�
RNerwia No.t
Firm Name:MIRMI BEr1CH CIP
Conlsct Intlividual Name antl Tille:Mins Samatli
Address:1]00 Lonvartion Lanbr�riva,Miami Buch,FL 331J9
TelepM1one'105.6]3.]W1
Con�ecl's Email:MinaSamaCi�niamib�acM1.gw
Nertative on Scope of Senires Provitle¢
BAYSAORE PARI(,NE W ll ACRES MOVICIPAL PARK WITH WATER MAIN&SF.WER MAIV EXTENSIONS
R�tenna No]
Firm Neme:BLOE ROA�/ONY%PROJECT
Con1aG Intlividual Name antl Tltle�.JORGE SRVIOFF
Atldress'.11H Kana Concouiv M P11 Bay Herbor Inlentla,FI 3315�
Telephone:]�S.BB43i]]
Con1aG's Email:JorBa SavlaR<jorpavlol�yahoo.com>
Nartative on Scope af Senices ProviCetl:
FEW OB T(IW VIiOMES DEVELOPMENT WITA FOLL IYFMSTRUCTORE DEVELOPMENT FOR TNF.F.NT�RE SITE.
Maitioml Mhronu
Firm Name'
Conlact Intlividual Name antl Ttle:
Adaress:
Telephone:
ContecCs Emeil:
Nanative on Scope of Services ProviEetl:
�
J.Hss tM applicant eampeny e consW clion IicenaHa)Eeen moksd durinp Na Wtiive(5)ywn7
O YES pO NO
I�yes,wh�?
1.Haveanyownen,tlireclon,�cersorapenbMthea IiuMeampany�aEalieensanwkatltluringthelaatiive�5)yann7
� VES � NO
I(yes,whYP
5.4 iha apPlleanl company cumntl bertetl by a gawrnmanbl agericy,ham biddinp woh as a prime or subcanlmetoR
� YES pO NO
Ifyes,slatedebartnenipenaE anE Ne reamn�s)krdebarment?
6.Has a suAly camplNed, ar paitl for comple0on, 01 a projed on beheH at the applipnt campa�ry.wilhin the laat five(5�
yeaRT
O VES pO NO
Ifyes,why?
1.Naa tM appliwm eompany or any of Ib awnen, direclon, affian, ar ageMn been mmictatl ol a aime or haE e claim
thrt waa flkE in a murt antl matllateE or arbilralad Ourin tha laet flve(5)yaen9
O VES p� NO
I(�.��
I
8.la an aifiliab of iha applicaiM1 com a prequal�M tM1e Clly o/Miami Bnch W bid on conatruelian wark7
�YES � NO
It yes,slate Ne name o(Ne afiliale?
9.1a iM applinM company a pann4�ubaidiary,ar holding wmpany br anMhar conaWction mmpany7
� VES r NO
Iit�eanswetis' es'iEenti Nemm an antlt eo(relalionshi s,below.
70. I�an ownx,tli�acbr,ofRur,or apent of tlx applipM wmpary alfiliHeE wNh motMr wmparry4
O VES pO NO
If t�e answer is' es," rouiEe ihe follawin inkrmatian tor each intlivkual and the aRliateE mm an�.
71.bNaapPliwnlcompanycumM M�EebtorinaWnkru naearflefabnnhruptcyEutlngtlroW��m�S�ycanl
� VES p� NO
If yes,explain anG attec�,u applireble, Ne relerant fase and mutl Gaumenk,induding(but not Iimile0lo�:ihe onginal petitioq indutling
t�e rase number and Ihe date ihat ihe petition was filed; a mpy of Ne bankmpiq murYs tlischaye order, and any oNer Eocument
ihat ended Ihe pse, d no Oischarge oMer was issued.
1t.Hea any owMr, tlireetoy�cer, or ageM for the eppliwnt company,ar hu any businaw organ'vation in wM1ich any such
panon was an ownar, tlinclor, aKcar, or agerR fled(or or heen diaeharped in bankniptry witliin tha patl�w(5) yaaa?
O VES O NO
Ifyes,eydain aM atlach a mpY a the tlischaye oMer,oNer confvming plan and H a Coryorzte Chaper 7 case,a mpY o11he no6w M
rAmmencemenl.
13.Xu arry owner,director,olfieer, or apent of the applieent wmpmy ownatl or managa0 a conaW ctian company under any
alher name in the lastfive�5)yean7
O VES O NO
If yes,explain.
11.Xas the appliuM eampcnY been nxaaetl or paiE IiquiOabtl tlamagu an any project during the put Ove�5)years,WMher
tha projM wu publicy a privolety ownWi
o �Es o Na
ir y�a e.aa��.
15.Are there curtenlly any Ikna, suha, or judgmenb ot record pan0ing agairot any owneq tlinclor,aRcer,or aBentfartha
compairy thri ia ralated b canaWction activiliu ot a businnn orpanrsHion7
O VES C) NO
If y2s,explain.
1
16.Has the applianl wmpany or any of Ms ownen,�cen,or paMeB ever bean wnvicteE(criminal)or(ound 1ia61e�civiq(or
making eitMr a hlsa cWim or material micrepraseMNion to any public agenq areMit�!
o �Es o No
It y¢s,explain.
f].Has iha applicant eompany or any ot ila owrren, olficen, ar patlnrs avn bean mmieled ol any a hdml or slata
erime7
O VES pO NO
If yes,explain.
7B. Ia any aKcer, tllrcetar, cmployw w ageM, or immatliria hmity member(apouae, panM, alblinp, and child) o/any olficar,
tlireclor,employee or agaM,an amployee of tM City o(Miami Beachi
O VES O NO
Hyea ahb name ikla an0 share M ownaMi
79. Punuant to Cily Ortlinance Na.t0163H90, the Gity shall not aMar iMa a wMnc1 with a Ousinasa unleu Ne buaimaa
rapnaenb thal @ dwa nW antl W II not engaga in a baycoM as AMned in Saction Y375�a�ot ihe CM1y Code, inclutling the
blecklbting,divasting/rom,or atMrwiae rafusing to tlal wi1M a panon or antity when auch aclion is basatl an nce,mlor,
nalional origin,religlon,aez,inhnuuality,gender iAentily,aexual orienbtlan,marilal arhmilial ablus,age orEbabilBy.Doea
tha applieant apree to bs campty wMh this pmhibilion9
O YES O NO
i
10.Is the applieant a amall buainof eoncem owne0 antl controlletl by�whraMa)(url�etl Ey the Sb1e af Flontla Oeparlment of
Managemant Sarvicea ar a aerncedisabled veknn busineas enteryrise�cartifie0 by the Ilnikd Stala Depahment of Nknns
Athin�.
O VES pO NO
21. Equal &nafils kr Employeas wilh Spounea anE Employtts wdh Damaslic Partnen. Purchaus hereuMer are subject�o Ue
requiremen6 of Equal BenMLs for Oomestic PaMers ONinance 20053d9a ihat requires suppliers wHh mare ihan 57 employces anE
City valume grealer than 5100,000 to pmnde'Equal BenefAs"ro their employees wilh Gamestic patlners,as Ney pmuiGe la employaes
witl�spouus.The OrGinance applies to all employees of a supplier who evrks within ihe Ciry limits of Ne Ciry of Miami B�ch,Flonda;
antl Ihe Con�mclors employees localed in Ne UniteE S�a�es,bul ouWiEe of Ihe City of Miami Beach limils,who are GirecYy performing
waM on Ihe mnl2ct wilhin Ua City o�Miami Beach.
A OM3�11G8ppI1P�IpIOVIEE0lOfl0f8RB98�0811YbB118�II5I�¢III �IIISP]Y32301103�Wl90�lIIIpIOyt9. 6�
O .ES �ND
8. Does your mmpany pmvitle or oRer e¢ess to eny benefik ro emplo�ees wiN(ume or opposi@ saz)Eomestic peMers'or ro Eomestic
paMersafempbyas9
O YES O NO
C. Pleaseyh¢kallbenefASNaIapPlyloyDuranswxrsaEoveanElis�inNe'olhefsedionanyatltliGonalbeirefibwlelree4ysper+fieE.Nole:s
Eenefi6 are proviE��o employres bewuee Nry M1eve a spouse ar Jomestic paMer,su[h as EereavemarA leere;oNer�mefi6 are pm�
a�remy m in�wo��o�aomenm wn�a,s��n�,�a��i ms�re��.
Health ehack
SickLeave cheek eheek
Family Medicsl Leave cheek check
Bereavement Leave check
PP.Moratarium an Mv�l b and the Purchase at GaoEs ar Services hom Miuiuippi.Pursuant ro Resolution 207fi-293I5,Ihe City of
Miami Beach,Flontla pmhibits ihe purchase al gootls ar xrnces sourceE in Miwissippi. Are any M ihe products torwhich the applicant
is seeking lo be prequalified sourced in Miwissippi?
O �E5 p� NO
Ifyes,explein.
a
I3.Finmcial Capciry.Af time o/iwuuf by M�Cny p!C!v iNNmryuf Mef Oun 8 9ntl�bxf�ubnB in Su�q�rOval'r!x Rypp�i�ctiv b
yy�iy,wMblEawNunWw(,7JJybnol CBiEEerslullamdnqebr�un89retlstreet�osubmi[aSupplierpuslifiatianRepotl�SpR�EireNy
b Ne City No pmpoeal will be mnsiEe�vnNoul reaipl(wM1en reques��, by Ne Gty,a(tAe SOR Eiretlty from Oun 8 Breastreet TM1e wet al tl�e
prepaation M IM1e SpR sM1sll be 0e responsiblliry of Ue hiatler.i�e bitltler sM1all request 0e SpR reporl hom�68 al:
htms:IleuRpfemorYl tlnb comlwebaRW'�'u'stoncleervl�tlSupnlieNortal'hronld=H�8
BitlMn �n ropomibl�kr Ma accunry M M� iMormrtion wMainM in ib SpR. II ia highlY nmmm�M�d Wt�¢h biEd�r nrnw tM1�
informaGon con6imtl in ib Spq br aaurxy pdm to mbmAhl to tlw CM1y mtl u uM+�O�ibb In tM wliNtatlon prowa.for mitlanw
with nry poHion ot N�SpR auEmitlal produ,coiMtl Wn 6 BnGimt a1 8 0 0./14119 5.
H. ByrtlRiN{obEyinpAmentlmeirtGNflutionFarm;RPPENUIXqNC.F.R.P�RTIBCERTIFILRTIONXEGAR01NGL09BYING:CebRcatim
lor Contncte,GaMe,Lwne,antl Caoperrtive Rpmmenh
The untlenigrieE Cqnl2tlor reNfies,m 0a hml M M1is or her MMeEAe,IhaC
1.No FeEeral appmpnateG hMs lu�re been peq or will be paiE,by ar on be�ali ot Ihe unEersignN,b eny person br InAuancing or atlempting b InAuence
an olfineror employvz a�an agenry,a MemEer oi Congress,en olficer or emplo�ee o(Congress,or an employre Ma MemEer M ConBR�Im m�nection
wiM Ne awebing of arry Fetlerel mnVap,Ihe maFinA oi any Feaerel grent,Me making o�any FeEerzl ban,Ihe enlenng inb Wany mopeative agreement,
aM Ne extensian,mntinuetion,rernwal,ammEment or moEifimlbn otany FtHerel mnbect,grent,Imn,orcooce�N'e agreemenl.
2.If any NnEs oNer Nan Fetlerzl eppmpnetetl Nnds M1ave bcen paiE ar wili be paiJ to any De�br Infiuenang or a1WmpAng to inAumm an Wficer or
emplayre M arry agenry,e Member of Corqreu,an aficer ar employee M Corgress,or an employee of a Member o�Corgress In cannecGon WN Nis
FeEerzl mnixt,qant, ben,or wopexlive apreement, the unAersiqn N aM1ell wmplele entl submit SlanEaN FormLLL, 'Oisclmure Form b RepoM1
LobEyinA�InaonkencewitM1iklnspuNons.
3. llie uMersignetl sM1ell require Cal Ne IanA'yAe of Mis artifiretion be InqutleE In iM1e aweN tlawmenta br all suba¢eMs al all Lers(intluJlrg
submntrecls,subgrenta,anC mnlrzcb unEerB��.loeB,antl wopareGvx agreemm6)antl Nat all suEreopienta shall ceNy anE Eistlase ermNingly
TAis reMiralion is e metenal reorexn�alion of htl upon wh��rh reliena wes o��'�'���h�s bensedion'xas maEe or enleretl'inm.Submiuion ot Nis
cerlifialion Is e pRrequia�e br rreking or entenng inta Mis Vamallon impoeai by 31,LLSL.§1352(as amerdetl by Ne LobbyinA Dixlasure Act ol
1995j.My person who fails to file Ne requiretl cerlifiwtion shall Ee subleC�a ovil penalry M iwl less Nan E10,000 antl not more tl�en 51p0.000 kr eaG
wcM1 hilure.The untlersiA��������%or al�rms Ne WNlulness anE a¢urzry of eaM slalement of its��A�retion entl tliatlowre,tt eiry In
eddlfi0q IIIB fA11�19C�Of p11dERI3p43 d!A dARES�Id��II¢pfOVISIOM 0�311J$�.§�Ol B(SBQ.�dpP�y�011113 @lG�IpG00 dlld EISLIOSY2��d0y.
By vi�ue of eubmilting biQ bitltler cerlRws or aRrms its mmpfanre wiM 0e 9y*tlM4-laEbying PmeMment CeNfiotion.
Nameo(Bidtler'sAuthonreERepresenWtive'. TitleofBitlCer'sAUMonzetl
IVAN BU5T0III Represen�ative:
PD
25.Suepn�lan RnE OabermeM Labfiulion The Conbacbr adnowletlpes Ihat
(1)T�'is Canlrztl is a mvereE trensac9on lor purposes ol2 C FR.pt 180 aM 1 C.F.R.pt 3000.As surh tM1e mnsaclm�is reQuirea to vxrRy Net none of Ne
CanVaclor,i6 pnnopals(Define]at P C F R.§1BpB95),ar ita aRliaks(EeOrxd a11 C.FR.§180.905)ere dclua N(tlefinetl a12 C F R.$1B0 9C0�ar
tlisqualifietl(EefireE a12 GF.R.§190.935).
(2)iM Contraclor must mmply wit�P GF.R.pt 180,wbperl C entl 1 C F R.pt J000,suCparl C antl must induEe a requirement ta mmply wtl�Neu
2yuletions�in eny loi+ertierwve�Vangadian il mtem into.
(3)This ceNfiration is a metenel represenpibn of fact reliei upon by Ihe Ciry.II it is la�sr EelerminM Wt tM1e Contreclor aitl not mmply xiU 2 FF R.pl
180,suEpart C aM P GP.R.pt 3000,subpstl C,In aEtli4on b remeEies available to Me Cih�FeCeral Gavemment mey pursue aveilebb remetlies,
indutlinA�uVwt limikd ro susDe�son enNartlebarment.
(<)ihe CqnVacbr egrees ta mmply vnN Ne requiremenB M 2 C.F R.0��180,suEperl C arM 2 C F R.pl.7000,su�parl C w�ik ihis afler is rsliE antl
Mmua�wt Ilie penotl ol any wn�red Me!mey anu fivm Ibla oM[T�e CanVactat IuMer agreea b intlWe a pmvision reQuinig such wmplian�,e In i6
IVN¢I�CfCOVCIC�V0�68dp�6.'
�
ByviMe otwbmitAng�itl,�iaaer ceNfies ar efimu ils mmpliance wil�iM1e Suspension ark�eberment CertifiwAan.
Name af Bidder'sAuthorizetl Represenfative: Tlle of Bitlder'sAuthonzetl
IVAN 9UST0III Representative�.
PO
38.Suepnaian,�eEvmant,OrConinqCanwllatim. HasbitlEereverbrentlepaireqsusce�tletlorolMrkgalviolelion,orM1etlamnvac��nelletl
tluetonon-perlormanreGya nucsecmregency+
� YES O NO
rcamwe�roaWveis"YES;bitltlershallsubmilas�atementee�ailingUereasonsWtleamaction�s):
21.Small ME OIUEv�MapeE Bueinen C�rtiRution
Pursuanl lo Resolutun 1020J1519,IM1e CAy is tradirg Cie Small ard DisaMantapetl Businesses,as mNfietl by Miami-�eCa Caunty Net M1eve Eeen
aNfied es Small or�ieativan�jetl Busireu by Mlami-0atle Caunty
Ooes bitltler possese Small orDlsaManqgeE Business ceNfimEon Ey Miami-OaEe County
O YES O NO
]B.LGBT 9uain�u EMeryriea GNfiwfian
Pursuanl b ResoluGon 2�R631302,iM1e Cily�is Ireclting Ne u0limtion of LGBT ownM fiime tl�sl M1an been ceNfiN as an LGBT Buara�Enlerynee by IM1e
Nauonal Gay aM LesGun Chem�eroi Commerw(NGLCC).
Ooes biEtler pmsess LGBT Busineu EMerynse CeNfiration by Ne NGLCC?
O YES O NO
R.Cane OlSllena
Pursuant N Seclion 2JB5 M Ihe Ciry CaEe,all pmrurement solitiletions o�eMeNsed aM until en exsb remmmenGation�es bcen IorxaN�to Ne
Ciry Commissian by Ue City Maneqer are unEer IM1e 'Cme of SilenceJ TM1e Cone of Silan� oNinanm is aveilelle
a� M1Xp 13 Ai��ary � I - P H AR PR I
Any mmmuniwtion or inpviry In rekrenw b Nis solld�slbn witM1 any City empbya or City aMual u sNdy O�ibihtl wi0 IM1e oi eaceptian
mmmunicatlons wiN Ne Pmcuremenl DIreM(ot M1iUM1er eCministrelive s�efl responsible br eJminislenng Vre pmo�rement process br Nis mlici�stion
O�tllrg saitl mmmuniation is IimileE ro maXers oi pmress or pmmtlure regeNing Ne wlicitetpn.Communirations regebing IM1u mlioletion are to�e
submittetl in wnting b Ne Roaremenl Conlatl remee�erein wiN a mpy lo t�e Clry CIeA at afaNganadoOm amiLaaUM gov.
9yvirWe oi wbmit�ng piE,biEEer ceM1ifies 0at it is In mmpliance wil�Ne Cone of Silence ONinan�,pursuanl b Seclian P-086 of Ue Ciry Catle.
]0.CaM 01 Businw Ethio
Punuent to Ciry ResoWYan No.P000.13189,Me BiEtler s�all aGopt a Cotle of 6usirew EIM1ie pnor to e�ecuting a mntract vnN IM Clty.T�e CaEe M
Bwinegs ENlcs shall Ce suEmill�b Ihe PmcuremenlOeDaRmeM vnM i�s response or vnlh�in IM1ree(9)tlays M 2quesl try Ihe Ciry llie COCe s�ell,el a
minimum,reQuire Ca Bitltlep b mmply wilh all appliraLle gouemmenlel mles entl regule6ons Including,amoig op�ers,IM1e mMiicl M inteaM,bbbying and
e1M1i�s pmvision ofNe Ciry CaEe.In lieu of wbmitling COCe o!Bus�ss EN'irs,bbGer mey indirate Nat it vnll adopt,az requireE'in IM oNinenre,Ne Ciy
alMiami BeaM COCe ot EMi¢,eveileble et htlollwwxm am hratliA gqv�rty+��llmrocuremenllomoirement-relatetlaMiranreantl-omretlur�l
Bitltlerwillwbmitfirm'sCOEeMBusinessENi6wilM1inMree�3)tleyso(repueetb OieCll}?
O YES � NO
Biatlar eEopls IM City afMiami Beach CaEe M Business EMirs?
O YES O NO
11. LOEEpstRpistr�tionBCempeg^CoibibuEon
This wlicitebon Is subject to,antl all biEEers are expe[letl b Ge or�ecome hmiliar wiM,all Ciry IaL�psl la¢s,inGWinA IoOGyis1 regisVaGon requirementa
ane pmhi�ition on wmpegn conGbutlons,Indutlirg:
. lnb0yisl Regispalion Requiremenb xcibns 1-99]Mmug�1-085.3 otC'iy Cotle
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By virlue ot su�mirong biA, biUtler cerifies or alFme ihat Ney have reatl antl untlerslaM Ihe above Lobbyisl R�is�ration 6 Gmpagn ConlnEu6on
Rtquirementt.
�E.NON-045CNIMIWUION
Tne Noo-oismmination oNlnance is ereilable al:
h1�J�rymuni mPomi mi '+n I = PA E R CH]F[l ARMPR DIV3 PR - N
By hMe of submitting biQ bitltler agrees il is anE shall remain in lull compliance wiN Section 2375 M Ihe Gty of Miemi Beach Ciry CoOe.
]1. F/JRCHANCEREOUIf1EMEHi
TM1e Fai�C�ance ONinana No.201fi-00121s aveilable al'
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By Nrtue of submitAng dG, dEEer ceNfies Mal il haz atlopteE poliaes, pactices antl slenCaNs consis�ent wilh ihe Ciys Fair Chance
OMinance.BiCCer agrees to provide Ue City vnih suppoNng documentatian eviCencing is mmpliance upon request BiEEer hRher agrees
Uat any breach ol lhe represen�a�ions maEe he2in shall mnstiWte a malenal b2ach of conVacl,anE shall enti�le ihe City to Ne immeEiate
terminalion fa rause oi Me agreemenl,in atltlitian to any Eamages ihal may be available at law and in equity
3/. YIIBLICENTrtYCRIME3
Pl�se refer lo $ection 28I.139(P)(a�,Flontla SlaWtes,available el:
}qoslM�wwflunakgovlLaw�< t y 0122811 9
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O YES O NO
CONIINIIEU ON 1XE GpLLO WINO M CE.
16.5ubtontncion Grovidinp Semae roMis Prajecl:
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Lincoln Road Improvements Phase 2
Meridian Avenue
BUSLAM
960 ARTHUR Godfrey Road Phone -888.515.3107
Suite 206 Email—ivanbustoiii@buslam.com
Miami Beach FL 33130
1
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Table of Contents
COVERLETTER ................................................................................................................................3
Proposer's Experience. Past Pertormance.........................................................................................6
ProposerExperience.......................................................................................................................7
Proposer Recent Project Ezperience ............................................................................................10
RESIDENTIAL MIXED USE -COMMEROAL - GREEN - SUSTAINABILITV .___.. ....._..._...10
Proposer Recent Project Experience ............................................................................................12
RESIDENTIAL MIXED USE - COMMERCIAL .._....... ._.......... .._.............. .. .. ....................12
Proposer Recent Project Experience ............................................................................................14
GREEN-SUSTAINABILITY-GOVERNMENT-PUBLIC SECTOR.._................._.._....._........._......_..._.._....14
Proposer Recent Projecl Experience............................................................................................16
HISTORIC PRESERVATION -HOSPITALITY - COMMERC�AL ......... ._...... ......._.._....16
ProPoser Recent Projea Experience............................................................................................18
HISTORICPRESERVATION-HOSPITALITY - COMMERQAL ......... .......... ...............18
Proposer Recent Projea Experience............................................................................................20
HISTORIC PRESERVATION- HOSPITALITV...._._.._.._..................._......_..........................................................20
Proposer Recent Project Experience............................................................................................22
HISTORIC PRESERVATION- HOSPITALITY - COMMERCIAL......................................................................_22
Proposer Recent Project Experience............................................................................................24
HISTORIC PRESERVATION- HOSPITALITV - COMMERCIAL ......... ._...._. ......_._.._24
Proposer Recent Projea Experience ............................................................................................26
HISTORIC PRESERVATION-HOSPITALITY - COMMERCIAL....................................................................._.26
Proposer Recent Project Experience............................................................................................28
MULTIFAMILVRESIDENTIAL ._.._...... ........... ._........ ..___. _..___.._28
Proposer Recent Project Experience............................................................................................30
MULTIFAMILY RESIDEMIAL ........._. .._.._._ ...._......._._.....30
...._..... ..._.._....
Proposer Recent Project Experience............................................................................................32
INSTITUTIONAL/GOVERNMENT PUBLIC SECTOR.__ __...... .____ ..._.........32
2
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COVERLETTER
BUSLAM COMPANV PARTNERS, WC— DBA: BUSLAM
960 Arthur Godfrey Road
Miami Beach FL 33140
December 15, 2024
To whom it May Concern,
Through this introductory letter we would like to thank you for the opportunity to work together with
your department in this project. We are confident able and have a full interest to perform in the project
referenced above to the standards and specifications of the Miami Beach CIP (Owner). With this objective
in mind BUSLAM's team in addition to the documentation required in the bid submittal checklist has
prepared [his document to serve as supplemental information on BUSLAM's qualification, experience,
and stability as a mnstruction firm in the state of Florida.
We hope this document serves its purpose of ensuring your department that by contracting with
BUSLAM you will be contracting with a reputable firm who is always deliver to the best of its ability.
We would like to once again thank you in advance for the opportunity and look forward to hearing back
from you soon.
Sincerely,
// ' /
/ . / i � _
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Ivan Busto III
President
BUSLAM
3
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Proposer's Experience, Past Performance
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Proposer Experience
Companv Name: BUSLAM COMPANV PARTNERS— DBA: BUSLAM.
Foundation: BUSLAM founded 2002.
Headauarter: 960 Arthur Godfrey Road Suite 206 Miami Beach FL 33140.
Emplovee Data: 25 Direct Employees
Comoany Services:
Development: Design-Build:
Investor Selection/Acquisition Investor Capital Management
Real Es[ate Selection/Acquisition Design Management
Real Estate Transaction Owner Representatlon
Investor Management Construction Performance
Financing Acquisition Construction Management
Design Management
Construction Management
Real Estate Management
Brokerage: Asset Operations:
Investor Selection/A<quisition Multifamily Asset Operations
Real Estate Selection/Acquisition Hospitality Asset Operations
Real Estate Transaction Residential Asset Operations
Investor Management
Real Estate Management
Comoanv Licenses:
Real Estate Corporation (CQ1060612)
CAM Firm (CA85747J
Certified General Contractor (CGC1507018)
Certifed Roofing Contractor(CCC1325575)
Certified Underground UfiliTy and &cavatlon Contrac[or(CUC1225566),
Certified Electrical Contrac[or (EC13008510)
Certified Plumbing Contractor (CFC1430292)
Certified Alr Conditioning Contractor(CAC1819942)
7
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Priman Markets Served:
Historic Preservation
Hospitality
Mixed Use
Multifamily
Institutional —Governmental Secmr
Sustainability
Ownership Structure:
r �
Ivan Busto Jr. Ivan Busto III
Founder—CEO President—CFO
50% Owner 50% Owner
Note: Ownership structure is not expected ro change at this time.
Affiliated Organizations: None
Bondina Caoaciri: 60MM please refer m Exhibit A for bonding capacity letter.
9
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Proposer Recent Project Experience
RES/DENTIAL MIXED USE—COMMERCIAL - GREEN—SUSTA/NAB/L/TY
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FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT
https://buslamcom/portfollo-Item/residence-at-nom I/
Proiect Name: Residences ac NOMi
PfOIBCY IflfOffTlBtlOf1: This new mnstruction Mixed-use project in North Miami that will pay homage
to the Museum of Contemporary Art (MOCA) and offer an assisted living facility, workforce apartments
and retail space to create a three-building complex, induding a high-rise with 175 workfor�e apartments,
a mid-rise for assisted living and over 10,000 square feet of retail space, completing approximately
325,000 square feet. The new complex amenities induding Large pedestrian-friendly and landscaped
promenades and plazas, artistic murals curated by MOCA, plus a number of green technologies - such as
energy-saving air conditioning and green roofs, LEED wrtification, event spaces, lobby, services areas
and officesspaces.
Address- 950 Northeast 124th Street, North Miaml, FL 33161
Architect & Interior Design— Frankel Benayoun Architect Inc
Asset Acquisition - $800,000.00 (2015)
Project Development, Design & Construction Completion Cost - $ 45.5 MM (The Mixed-use project is
currently undergoing design permitted process and renovations scheduled to be mmpleted by first
quarter of 2023)
10
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PI'oleCt StBtUS: Permitted 2020, Currently Securing Financing for Commencement.
PfOIOCt P2ftIf1211L EXD2f10fIC@: Project Development Team, Project Design Management, Project
LEED Certification Management, Project Permitting and Processing, Senior Housing Development Project,
Affordable Housing Development ProjecC CRA Grant and Incentives Process Management.
PfOIBCt R012: Developer Team Member, Owner's Representative, Project Management, Contractor.
Proiect Contact Information:
Owner NM 124 LLC
Contact Person: Mr. Moe Yaghoubi
Contact Information: 917217 4841
Proiect Team:
Executive Supervisor. Ivan Busto III
Design Administration Projec[ manager: Edel lima
11
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Proposer Recent Project Experience
RES/DENT/AL M/XED USE- COMMfRCIAL
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FOR ADDITIONAL PROIECT IMAGES PLEASE VISIT
https�.//busl a m mm/po rtfol i o-item/pi e r7/
Proiect Name: Pier 7
PI'ojeCt IflfOrm8ti0n: This new construction ultra-Modern mixed-use development in the Miami River
area, with over 400 linear feet on the water marine. This project to build a modem center in an
increasingly upscale area. The project will offer bwt slips and various luxury commercial spaces with the
capacity to receive and entertain visitors. Amenities indude� Commercial space for retails or restaurants,
boat slips and mvered parking
a. Address- fi00 NW 7th Ave., Miami, FL 33136
b. Architect & Interior Design —Kobi Karp Architectural & Interior Design Inc
c Asset Acquisition - $6] MM (2016)
d. Project Development, Design & Construction Completion Cost - $455 MM (The Mixed-use
project is currently undergoing design permitted process and renovaiions scheduled ro be
completed by flrst quarter of 2023)
PfoieCt Status: Permitting Phase
12
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ProieCt Pertlnent ExDe�ienCe: Project Development Team, Project Design Management, Project
Permitting and Processing, Project Constru<tion and Management.
Pf012Ct ROI@: Developer Team Member, Owner's Representative, Project Management, Contractor.
Proiect Contact Information:
Owner� MIAMI RNER PROPERTY DEV LLC
Contact Person�. MrJavier Gomez Quintero
Contact Information: 305.934.1525
Project Team:
Executive Supervisor Ivan Busto III
Design Administration Project manage[ Edel lima
13
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Proposer Recent Project Experience
GREfN—SUSTAINAB/L/TY—GOVERNMENT—PUBLIC SfC70R
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FOR ADDITIONAL PROIKT�IMAGES PLEASE VISIT
https://busla m.mm/portfol i o-item/m i a m i-da de-pu bl i c-h o u s i n g/
PfOIBCt NBfiIB: Miami Dade Public Housing and Community Development (PHCD) Green Single-
Family Homes (SFHs)
PfOi@Ct Infoffil8ti0n: Miami Dade Public Housing and Community Development (PHCD) Green
Single-Family Homes (SFHs) - This is an new affordable housing government project with units ranging
1,500 to 1,700 Sq-R using green technologies which was supposed to be silver certification and for
impeccable and professional performance (on time-on budget-over compy the green requirements) all
units obtain the upgrade to Green Gold Certification, The new SFHs wrn key project indude the
followings amenities and fi#ures: interior porcelain tile throughout, 3 or 4 bedrooms, 2 or 3 bathrooms,
complete kitchen, appliances, laundry room, hall, living room, family room, dining room, paved entry
porch, conaete drive way, large landscape areas and perimeter property wood fence.
a- Address—Various Sites on the know Miami Dade CounTy Liberty City area
b. Architect & Interior Design—Gallardo Architects Inc
c AssetAcquisition—unknown
d. Proje<t Comple[ion Cost - $ 240,000.00 per unit(2019)
PI"OIBCt StBtUS Completed 2019 &hibit 3: See Attached CO & Florida Green Building Coalition Gold
Certification
PI'OIeCt P2rtlnent E%D01'IenCe: FGBC Green home Certification Standard (Project proposed as Silver
Certification and Gold Certification Level was Achieved), Govemment Subsidized Project, Miami Dade
Public Housing and Community Development Project.
14
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Pf01@Ct ROI@: Project Management, Contractor and Submntractor
Pf012Ct DUfBtlOf1: 08/2016—OS/2019
Proiect Contact Information:
Owner. MDC PHCD
Contact Person: Mrs. Maria Rodriguez Porto
Contact Information: 786200.5902
Proiect Team:
Executive Supervisor Ivan Busto III
Senior Project Manager: Jore Wgo
Project managec Pedro Rodriguez
Project SuperintendenVForeman: Camilo Rodriguez
15
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Proposer Recent Project Experience
HISTOR/C PRESER�ATION—HOSP/TALITY- COMMERC/AL
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FOR ADDI I IONA. PROJECT IMAGES PLEASE VISI I
https://buslamcom/portfolio-item/I berostar-berkeley-hotel/
Pf010CY N8m@: Iberostar Berkeley Hotel
Pf018Ct If1fOfOlBtlOf1: It is the fists hospitality mmplex on South Florida of the prestigious Spain hotel
chain "IBEROSTAR". The original building was mnstru�ted in 1935 as an Art Deco boutique hotel on the
vibrant Collins Avenue and Lincoln Road (mday the in[ernationally famous known South Beach), only one
block away from the bea�h. The Iberostar Berkeley's full renovation and new construction project mnsist
in the preservation of the four level historic original building and has added a new Hi-Rise tower behind
the original historic building, as well as new rooms and amenities like a beautiful rooftop deck with a
heated swimming pool, Zen-garden, barvrestaurant and a fully equipped gym - all overlooking South
Beach's imnic Collins Avenue.
a. Address—1610 Collins Avenue, Miami Beach, FL-33139
b. Architect & Interior Design - Stantec
c Asset Acquisition - $65 MM (2013)
16
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d. Project Development, Design & Construction Completion Cost- $ 25.5 MM (2017)
PrOiOCt StBtuS: Completed 2017
PfoleCt Pertlnent ExDelienCe: Project Development Team, Project Permitting and Processing,
Historic Preservation Project, HospitaliTy Tumkey Project, Restaurant Construction at Ground Level, Assets
Operation Team.
Pf010Ct R010: Developer Team Member, Owner's Representative, Project Management, Contractor and
Subcontractor
Proiect Duration: oz/zois —o�/2on
Proiect Contact Information:
Owner BERKELEV SHORE LLC
Contact Person�. Mr. Marcelo Tenenbaum
Contact Information: 305.9037381
Proiect Team:
&ecutive Supervisor. Ivan Bus[o Jr
Senior Project Manager: lose Wgo
Project manager Pedro Rodriguez
Projec[ Superintendent Camilo Rodriguez
Project Foreman Structural and Roughs: Ricardo Martinez
Projec[ Foreman Finishes: Nelson Vazquez
17
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Proposer Recent Project Experience
HISTORIC PRfSERVATION—HOSP/TAL/TY- COMMERC/AL
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FOR ADDITIONAL PROIECT IMAGES PLEASE VI51I
https://busl a m.com/portfol i o-I te m/be rkel ey-pa rk-h otel-sa d ig o/
Pf010Ct N8fi12: Berkeley Park Hotel
PfOleCt InfOfmatlOn: Also known as "Sadigo Hotel", a boutique hotel in South Beach, built in 1936.
The Berkeley Park's architecture revives the Mediterranean influences in Miami Beach's Architectural
District. The full renovation and new mnstruction project consist in the preservation of the three level
histori< original building and has added a new Mid-Rise five level tower behind the original hismric
building (property South wing), as well as new rooms and amenities like a beautiful rooftop deck with a
heated swimming pool, central tropical patio, barrestaurant and a conference rooms - all overlooking
Park Avenue and 20 street.The hotel will resemble itr original Mediterranean-inspired structure, with a
stunning fa5ade and archways, all mrrounding an intemal central tropical patio.
a. Address - 334 20th Street, Miami Beach, FL 33139
b. Architect & Interior Design—Kobi Karp Architectural & Interior Design Inc
c Asset Acquisition - $12.9 MM (2016)
d. Project Development, Design & Construction Completion Cost- $ 18.5 MM (The hotel is currently
undergoing new mnstruction and historic renovation scheduled to be completed by end of 2020)
18
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Proiect StatuS Completed 2021.
Pf012Ct PBrti11211t ExDBfIBfIC@: Project Development Team, Project Design Management, Project
Permitting and Processing, Historic Preservation Project HospitaliTy Tumkey Project, Restaurant
Cons[ruc[ion At Ground Level.
PIOI@CY ROIB: Developer Team Member, Owner's Representative, Design Management, Project
Management, Contractor and Subcon[ractor
Project Duration: �o2ois-3/Zozi
Proiect Contact Information:
Owner SADIGO HOTEL LLC
Contact Persort Mr. Marcelo Tenenbaum
Contact Information: 305 9037381
Proiect Team:
Executive Supervisor: Ivan Busto III
Senior Project Manager: Jose Lugo
Project Manager/Superintendent: Pedro Rodriguez
Project Foreman Structural and Roughs: Ricardo Martinez
Project Foreman Finishes: Naiviv Martinez
19
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Proposer Recent Project Experience
H/STOR/C PRESERUAT/ON—HOSP/TAL/TY
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FOR ADDITIONAL PROJECT IMAGES PLEASE VISIT
https.//b�sl a m.com/portfolio-item/redbury-hotel-expansion/
PfOIBCt NBfi12: Redbury Hotel Expansion
PfOleCt InfOfmBYiOn: it is the old named or known as "Hotel 18" property adjacent to the existing
original Redbury Hotel, this was a bou[ique hotel in South Beach, originally built in 1948 during the Miami
Modem (MIMo) era. It Is bcated steps away from the beach, the Conven[ion Center and the iconic
Linmin Road, full renovation and new construction project mnsist in the preservation of the two level
historic original building west portion and has added a new Mid-Rise five level tower behind the original
historic building portion (property East wing), this project will add approximately 30,000 square feet and
69 rooms to the existing Redbury Hotel neM door facing to Collins Avenue at east side.
a. Address - 1775 James Ave, Miami Beach, FL 33139
b. Architect & Interior Design— Kobi Karp Architectural & interior Design Inc
c Asset Acqulsition - $11.6 MM (2016J
d. Project Development, Design &Construction Completion Cost- $ 18.5 MM (The hotel is currently
undergoing renovations s<heduled to be completed by first quarter of 2021)
20
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Proiect Status: Under Construc[ion.
PIOIECL PBfClflBflt EXp2f12f1CB: Project Design Management, Project Permitting and Processing,
Historic Preservation Project, Hospitality Tumkey Project.
PfOIECt ROIB: Project Development Team, Developer Team Member, Owner's Representative, Design
Management, Project Management Contractor and Subcontractor
PfOIBCt DUfBtIOf1: 09/2019—Ongoing
Proiect Contact Information:
Owner Red 18 LLC
Contact Persort MrJorge Savloff
Contact Information�. 3052903SR
Project Team:
Executive Supervisor: Ivan Busto Jr
Senior Project Manager. Jose Wgo
Project Manager/Superintendent: Pedro Rodriguez
Project Foreman Structural and Roughs: Humberto Hemandez
Project Foreman Finishes: Nelson Vazquez
21
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Proposer Recent Proiect Exoerience
H/STOR/CGRESERVA7/ON—HOSG/TAL/TV- COMMERCIAL
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https://busla mcom/portfol io-item/sobe-park-parkhotel/
Proiect Name: sobe Park Hocel
PIOIBCY If1POffTIBt1011_it 15 the old named or known as "Park Hotel", a boutique hotel In the heart of
Miami Beach,
origlnally bullt in 1951 during the Miami Modern (MIMo) era, less than 5 minutes away from the newly
renovated Miami Beach Convention Center and Miami's best attractions. SoBe Park full renovation and
new construction project consist in the preservation of the two level historic original 6uilding south
portion and has added a new Mid-Rise five level tower behind the original historic building portion
(property North wing), as well as new rooms and amenities like a beautiful rooftop deck with a
spectacular heated swimming pool, central tropical patio, bar-restaurant and a mnference rooms.
a. Address - 355 19th Street, Miami Beach, FL 33139
b. Architect & Interior Design—Revuelta Architectural Intemational Inc
c Asset Acqulsition - $7] MM (2019)
d. Project Development, Design &Gonstruction Completion Cost - $ 255 MM (The hotel is currently
undergoing design permitted process and renovations scheduled to be mmpleted by first
quarter of 2022)
Project Status: Permitting Phase
22
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Pf018Ct P0Rin8flt ExDOfI@tlC@: Project Development Team, Project Design Managemen[, ProjeR
LEED Certification Management, Project Permitting and Processing, Historic Preservation Project,
Hospitality Turnkey Project, Restaurant Construction at Ground Level.
Pf01ECt Role: Developer Team Member, Owner's Representative, Design Management, Project
Management, Contractor and Subcontractor
Proiect Contact Information:
Owner: PARK HOTEL LLC
Contact Person� Mr. Marcelo Tenenbaum
Contact Information: 305.903 7381
Proiect Team:
Executive Supervisor Ivan Busto III
Design Administration Project managec Edel lima
23
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Proposer Recent Project Experience
H/570R/f PRESER�ATION-HOSP/TALITY- COMMERCIAL
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https://buslam.cor�/portfolio-te�n/aq�a-nocel/
Proiect Name: nqua Hotei
Pf01eCt InfOfmatlOfl: a boutique hotel in the heart of Miami Beach, originally built in 1953 during the
Miami Modem (MiMo) era, face on the vibrant Collins Avenue and very near to Lincoln Road (today the
intemationally famous known South Beach), with direct access to the beach. Aqua full renovation and
new mnstruction project consist in the preservation of the two level hismric original building east portion
and has added a new Mid-Rise five level tower behind the original historic building portion (property
West wing), as well as new rooms and amenities like a beautiful rooftop deck with a spectacular heated
swimming pool, central tropical patio, barrestaurant and a conference rooms.
a. Address - 1530 Collins Ave., Miami Beach, FL
b. Archltect & Interior Design- Revuelta Architectural Intemational Inc
c Asset Acquisition - $8.9 MM (2010)
d. Project Development, Design & Construction Comple[ion Cost- $ 27.5 MM (The hotel is currently
undergoing design process and renovations scheduled to be completed by the end 2022)
PfOIBCt StBtUS: Design Phase Historic Preservation Board Approval Obtained
24
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PfOj2Ct PBrtlfl2flt Exp2fiBfIC@: Project Development Team, Project Design Management, Project
LEED Certification Management, Project Permitting and Processing, Historic Preservation Project,
HospitaliTy Turnkey Project, Restaurant Construction at Ground Level.
PfOIBC[ ROIB: Developer Team Member, Owner's Representative, Design Management, Project
Management, Contrac[orand Submntractor
Proiect Contact Information:
Owner: 1530 COLLINS LLC
Contact Person: Mr. Jorge Savloff
Contact Informatiort 3052903872
Proiect Team:
Executive Supervisor Ivan Bus[o III
Design Administration Project manager. Edel lima
25
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Proposer Recent Project Experience
NISrOR/C PRfSER�A7/O/J—HOSPl7AL/TY— COMMfRCIAL
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�fOF �DDI�IONAL�ROL-CT IN�AGI � FLEASI VISIT
https//busla m.mm/portfollo-Item/sanctua ry-ho.eli
Pf018Ct If1fOf1718t1Of1: a hotel in the heart of Miami Beach, originally built in 1951 Miami Modern
(MiMo) era, posteriody was renovated in reiterates opportunities (1984 and the las[ renovation in 2005),
all renovations was indiscriminately violations of[he CMB-HPB without any historic elements preservation
mnducing to the loss of all original historic values attributes,for this reasons Sanctuary building shall be
fully demolished and new construction project mnsis[in build a new Mid-Rise five level tower with
surrounding area harmonization architectural elements, as well as new rooms and amenities like a
beautiful rooftop deck with a spectacular heated swimming pool, central tropical patio and bar-
restaurant.
a. Address - 1745 James Ave, Miami Beach, FL
b. Architect & Mterior Design—Revuelta Architectural Intemational Inc
c Asset Acquisition - $144 MM (2019)
d. Project Development, Design & Construction Completion Cost - $ 195 MM (The hotel is currently
undergoing design process and renovations scheduled to be completed by the end 2022)
PfoieCt St8tU5: Design Phase, Historic Preservation Board Approval Obtained
26
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Pf018CY P8f[Ifl@f1Y EXD2f12f1CB: Project Development Team, Project Design Management, Project
LEED Certification Management, Project Permitting and Processing, Historic Preseroation Project,
Hospitality Turnkey Projec[, Restaurant Construction at Ground Level
PfOJBCt ROIB: Developer Team Member, Owner's Representative, Design Management, Project
Management, Contractor and Subcon[ractor
Proiect Contact Intormation:
Owner 1745 JAMES LLC
Contact Person: Mr. Marcelo Tenenbaum
Contac[ Information: 305.903.7381
Proiect Team:
Executive Supervisor. Ivan Busto III
Design Administration Project manager. Edel lima
27
�� "PunrMo�peavJ4mn�lhl � �
Pr000ser Recent Project Exoerience
MUL TIFAMIL Y RESIDENT/AL
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FOR ADDITIONAI PHOJ�eCT IMAGES PLEASE VISII
https�.//bu sla m.mm/portfollo-Item/the-palms/
Project Name: ihe Palms
Pf01BCt IflfOffllBt1011: This new canstruction High-end condo building project with cut[ing edqe
design and amenities, features eloquent architecture, mnnecting breezeway5 and unique tropical
landscaping Located in the exdusive Bay Harbor Islands on the east side of 102nd Streetjust minutes
away from the world-famous Bal Harbors Shops.The Palms building induding nine levels with 42 luxury
apartments of approximately 1,500 Sq-k of living areas, all apartments with interior washer/dryer each
and all high-end amenities induded.
a. Address - 1133102nd St Bay Harbor Islands, Fbrida 33154
b. Architect & Interior Design— Frankel Benayoun Architect Inc
c Project Development, Design & Construction Completion Cos[- $ 18.5 MM (2018)
Proiect Status: compleced zo�a
28
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PfOIOCt P21'Yif10f1Y E%D0f18f1C8: Project Construction and Management.
Proiect Duration: oa/Zo�s-oa2o�e
Pf01BCt R01@: Ownei s Representative, Project Management, Contractor and Subcontractor, Assets
Operation Team
Proiect Contact Information:
Owner. BH BAYVIEW LLC
Contact Person: Mr. Jorge Savloff
Contact Information�. 3052993872
Proiect Team:
Executive Supervisor. Ivan Busto 1r
Senior Project Manager Jose Wgo
Project Manager/Superintendent: Pedro Rodriguez
Project Foreman Structural and Roughs�. Ricardo Martinez
Project Foreman Finishes: Nelson Vazquez
29
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Proposer Recent Project Experience
MUL TIFAM/L Y Rf5/DENT/AL
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FOR ADDITIONAL PROIECT IMAGES PLEASE VISIT
https://buslamcom/portfol io-item/[he-hig hlands/
Proiect Name: The Highlands
PfOIBCt IflfOffTlBLlOf1: This new construction High-end mndo building project features an eloquent
and distinctive esterior design volumetric architecture by renewed and worldly famous architect Mr,
Carlos Ott Located in the Ciry of North Miami Beach on the east side of Biscayne Boulevard,just minutes
away from the worid-famous Aventura Mall, near of beach and everything. The Highlands building
induding nine levels with 601uxury apartments of approximately 1,200 Sq-ft of living areas, ten upper
rwftop private terraces for Penthouses, all apartments with interior washer/dryer each and all high-end
amenities induded.
a. Address-8800 Highlands Drive, North Miami Beach, FL
b. Architect& Interior Design—Frankel Benayoun Architect Inc & M[ Carlos Ott
c Asset Acquisition - $2 MM (2016)
d. Project Development, Design &Construction Completion Cost- $ 195 MM (2019)
PfOleCt St8tU5: Completed 2019
30
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Project Pertinent Exoerience: Projecc Construaion and Managemen[.
Proiect Duration: oa/zo�a—os/zozo
P�OJBCt R018: Project Development Team„ Owner's Representative, Project Management, Contractor
and Subcontrac[or, Assets Operation Team
Proiect Contact Information:
Ownec Nimver LLC
Contact Person�. Mr. lorge Savloff
Contact Information: 3052903872
Proiect Team:
Executive Supervisor: Ivan Busto Jr
Senior Project Manager: Jose Lugo
Project Manager/Superintendent: Pedro Rodriguez
Project Foreman Structural and Roughs: Ricardo Martinez
Project Foreman Finishes: Alea Rodriguez
31
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Pr000ser Recent Project Exoerience
/NST/TUTIONAL/GO�ERNMfNT PUBLK SfCTOR
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nttps:ij�uslarn.corn/portFollo-item/m��ami-dace-wacer-sewcr-depar,inen:/
Project Name: Miami Dade Water and Sewer Department (WASD)
PfOIOCt If1fOI1718tiOf1: Main office building interior and eMerior fa4ade renovation
Address-3575 S Le-Jeune Rd, Miami, FL 33133
Architect& Interior Design—Gallardo Architects Inc
Asset A<quisition — N/A
Project Development, Design & Construction Completion Cost- $ 1.4 MM (2018)
Project Status: compleced zoia
Proiect Pertinent Exoerience: Government subsidized Project, Miami oade water and sewer
Department Project.
Proiect Duration: �o/zon—o�/2018
PfOleCt Role: Prime Contractor.
32
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Proiect Contact Information:
Owner: MDC WASD
Contact Person� Mr. Jules Durand
Contact Information: 786229.8568
Proiect Team:
Executive Supervisor: Ivan Busto Jr
Senior Project Managec Jose Lugo
Project Manager/Superintendent Pedro Rodriguez
Project Foreman�. Nelson Vazquez
33
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Proposer Recent Project Experience
INSTITUT/O/VAL/GOVfRNMENT PUBUC SECTOR
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PI012Ct N2Ill0: North Beach Ocean Side Park Revitalization
Proiect Information: Full Park Renovation and Revitalization
Address—Collins Ave 87-79'" Street
Architec[ & Interior Design—Calvin Giordano
Asset Acquisition— N/A
Project Development, Design & Cons[ruc[ion Completion Cost - $ 8.9MM
PrOi@Ct St8tU5: Completed 2023
PfoieCt Pertinent EXpBI'i0nC8: Government Subsidized Project, City of Miami Beach Park and
Recreation Capital Improvements
Proiect Duration: ongoing
Proiect Role: Pdme contraccor.
Proiect Contact Intormation:
Owner Gty of Mlaml Beach
Contac[ Person Mr. Rodney Perez
34
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Contact Information: 786.682.8302
Proiect Team:
Executive Supervisor: Ivan Busto Jr
Senior Project Manager: lose Lugo
Project Manager/Superintendent: Pedro Rodriguez
Project Foreman�. Nelson Vazquez
35
� . .
�
APPENDIX A
Bid Price Form
i
Bid Price Form
• : . • •• . • •• .
•- : � � . : . • •• . : .. -
• • � •
The TOTAL BASE BID amount indudas�he all-inclusive[otal cost for Ihe work speafed in this bid,
consisting of furnishing all materials, labor, equipment, shonng, supervision, mohilization,
tlemobilization, overhead antl proft, insurence, pertnifs, and taxes to complete the work to the (ull
intent as shown or indicated in the contract tlocuments. The City will not accept any revision to the
total base bid sum,divisions, lina item totals, or add altemates after�he deadline for receipt of bids.
In ihe event af a disaepancy beRveen the sum oi the items in the schedule ot values and the toWl
base GiC, the Bidder agrees Nat the total base bid shall govern. In the absenca of a numerical value
for any ilem or division,the City shall interpret it es no bid tor the division, which may disqualify the
Bidder.
The allowance items that have bean delineated below shall be used only at[he Citys 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
• � : � � • $12,885,117.00
�� _ . ' Indemnification of City $25 00 ;
_. . _
' Permit Allowance $75,000 00 �
' � � � � �$�12.960,142.00 .
'See Section 0100, Sub-section 12. �
ADDITIVE ALTERNATES '� 1 �
Selection of deductive alternates, if any,will be made pursuan[to Section 0700, No. 10 Methotl of
Awartl.
. •
Installing s[mcNral soils in lieu of
soil cells. Refer to sheets LA-173, �
7 LA 173.A, LA 301, LA-BOB.A, 1 LS $ 200,000.00
Detail 3-Soil profile A on sheet LA-
809
DEDUCTIVE ALTERNATES
Salection of deductive altemates, if any, will be made pursuant to Section 0100, No. 10 Method of
Award.
� •
Ins[alling soil cells Profile C (Base
Bid)per detail 2 on sheet LA-809, �
7 Also refer to sheels, LA-173, LA 1 '�, LS $ 100,000.00
173.A, LA 301, LA-B08.A and Soil �
5 etlfcations.
o �
APPENDIX B
BID BOND FORM
•
i
BID BOND
Page 1 of 2
KNOW ALL MEN BY THESE PRESENTS, that we, Buslam Company Partners Inc. a5
Principal, hereinafler referred to as Contractor, and Unted States F-re Insurance Comoany as
Surety, are held and fittnly bound unto the City of Miami Beach, Florida, as a municipal
corporation of fhe State of Florida, hereinafter called the City, in the sum of five percent
(5%) oflheContractor'sTotalBaseBidamountof$F�.eP�,�e��o�A����e�ecs���A����a�d� lawful
money of the United Stales 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 severelly by these presents.
WHEREAS, the Contractor contemplates submitting or has submitted, a 8id to the
City for the furnishing of all labor, mate�ials, equipment, machinery, tools, apparetus,
means of trensportation 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 thereto, for the following solici�ation.
Bid No.:2025-087-ND
Title: Lincoln Road Imorovements Phase 2 Meridian Ave
WHEREAS, it was a condition precedent to the suhmission of said Bid that a
cashier's check. certified check, or Bid Bond in the amount of five percent(5°/) of the Total
8ase Bid be submi�ted with said Bid as a guarantee that the Contracfor would, if awarded
the Contract, enfer into a written Contract with the City for the peAormance of said
Contrect, 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 �he
Contractor within ten (10) consewtive calendar days aker notice of such acceptance,
enters into a written Contract with the City and furnishes the Pertormance 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 CeAificates of Insurance, then this
obligation shall be void; otherwise ihe sum herein stated shall be due and payable to the
City of Miami Beach and ihe 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 Contrector.
i
BID BOND
Page 2 of 2
IN WITNESS WHEREOF, the saitl Principal antl the said Surety have tluty
executed this bond the
i6th tlay of December , 20�.
PRINCIPAL:
euslam c nrers�nc
960 w G y aE.M�aml Bencp.FL D3140
(Contr Ple )
ig ature
Sw-��L �s�a
Print Name(Principal)
ZD
7itle
SUREN:
unitetl States Fire Insurance Company
]05 Matlison Avenue,Mo bwn.NJ�)980
(Surery Name) nA.�
f��
Attomey-imFact(Prinl Name)
lan A. Nipper. Attorney-in-ract ..___
SignaWre
(Power of Attomey must be attached.)
POWEROF 4TTORVEY
UNI PEU STATES F'INE 1 VSURANCE COMPANY
PRI V CIYAL 0Y FlCE-MORRI51 OW 5,NE W JEHSEY
009:1
KNOw ALL MLN BYTHESE PRESENTS�.Thn[UniteJ Sw�e.�irc Insunms Cmnpeny,a cnrporn�ion duly urganliwl and cxistlng under ihc law.uP�hc
stnw of Dclewnm,Laa mnae,mnstimmd e��d eppofmr+l,end Aors h�n.by makc,wnrrimte and appoim�.
/on 3.Ni00er.DuriJRnvarll Honcer.✓osePG PenioFn.Yidwn.
Chnr(eaWriQ,Nielson.C/rarle�✓arFsan Nidvon.5dmvx Aun Hntlmi.Jarrm MrAuari
nnuh,ils vu�nnJ Inwful A�mmey(s)�In-Fem,wi�h fvll puwerand euWuriiy hcrcby wn[urz�[n i�s nemn,plaw enJ ntced,ro csecme,aeknowlNgc and
ddlvcr:Any nnd-all bonds and undertukings ufeurcry nnd olhcr dowmunm @at tM1c oMinary cnursc of surcty boxmess may rcquirc,and m bind Uuited Slams
Fiee InmrcnreCompeny thereby as fully and m Me same ex�en�aa it such bonds orundermkinys hwl been duty exew�eJ end ec�Wnowlcd6�by tAe
regularly alcmu�offc�+s oFUnlred S�uRe Fire Insurancc Company et ite pnncipal uffmc,in amoun�s or pcnnitles: Fifty Million Dullars(SSQ000,000).
This PowcrnFAimmcy limi�s ihe act of�hosc uamc4 thcmin m�hc I�ndz and undenekmgs�Occifically nemed thercin,wd thel'huvc m w�M1onry ro
bind Cni�cd S�ams Ffm huurameC mp��ny exc�pt in�he mnnnerand lo Ilmox�rn��M1e¢in sWNil.
TtiG Powa oi'A�mmcy i,v gmmcd pursuenuo Anlcic IV ol'Ow By Lnws nf Unitrnl Swies Firo Ineunn«Gimpnny ee nnw in PoII fumu anJ cffrct.
end consistent wi�h Anicln 111 IhercuP,whiuh Aelicics pmviJe,in pmin�ntpon:
Article I V,6ecunon uF In trunwn�s-[xcup�a.ILu 6oard of Drtecwvs may omhorliu hy mxoWiioq�he CM1aiomen of the BoeN,Presidant noy
VicFPmsidcni,ony Asslstam Vice PrciEurL ihc Searetary.orany Assistam Seoremry�hall have pou'er on bahelfnf�he Coryom�ton:
(a) ro exneuce,et5x�hcco�pnre�e seal momelty nr by fnwimile�q oeknrnvl Wgq wdy and ddiver nny wnvmtn,oblfgafione,ire�mmcn�untl
Jocumen�e ivha�eoever in coontt�iun wi�h i�e boxinees including wilhuut limning Poc 6rcgoing uny bunAs, E��arenmes, undcnnktngz,
eco6��'i��nns, powca uf atmmq or vevu�vtlom uf eny �owcrs nf etmmuy, eiipulafionx, pnllclev nf insuemce, dee�ly lexsxs,mor�yuges,
mlwxaq saiicfactione one aganry ngrecmeniq
(b) �o apPaln4 ��i+wriilnK.anc or mnrc persnns foreny ov nll nf�hepurpoms menunne.l fo Iha preaeding pn�ngmph(u),indutliog nffixing�hc
.cxl ufthcCo�p.�ration.
Anicic III, pfficus, Snlion J.I I, Yacsimlc Signawms. lfic signaWm o(any otTmcr vu�ori� by the Coryvoaunn �o sign any bonde,
guumnlecs,undawkings, rewgnimnce�,stipulations,{ww�rs otatmmcy or rcvocotlons of nny ryowea of eVomry anJ policiec of insuvence
ssuM by�he Coqpra�ion�nay be pnmed,feesimile,lithopnphed or otherwise pmduced. lo eddition, ifanJ ns nu�borized by�M1c Boerd nF
Diredors,dividenJ wanan¢or eha:ky or o�hu num�+oua inxirvmen�s similxr�o one amther in fonn,mey he,eigneJ by the facsimilc signn�wc
r vignntures,Ii�LogrophW or oMcowiec proJueul,of such otAecroroffcers of the Coepontioo u hom tlme m time may be umhorized oo si6n
euch fnsvumcnu on behalf of�ha Cnry�ontion. Thu Cnryumtlun muy continuclu usc Ibrthu purpos.s hcrcin utote4 thc facsimilc signewm nf
nny pmsnn or peesoas wFn nhall heve benn such olTcer ov otlicers ol ihe Corporn�ion,rvrtwiihetandfng @e fea�ihut he may hnw ccusml m bc
eucM1 ui Ihvlime when sucM1 instmmmM1ashall he iseud.
IN WITNESS W118REOF.UniteJ S�a�es Firo Insunnce Compuny hwc cnurud nc�sc prn�rnls�o beslen�and anuat U by ib appmpriamofFacv and
ii.c w�pamm sexl Acrcunm affixad tha2tl@ day of September,2021.
CNITBDSTATESFIREIVSURANCECOMPANY
� r"I /y�fL � 1�
\
Matihew&Luhiq Presi�ent
State of New lnwy�
CounryoFMortis �
On�hi.2%t6 dvy uf Sm��mbar,20]L bd'orc mu,u Nomry public of�Fu Smm ofNew leaey,came Menhove mm�eA oRcuoftl�iuA Snney Firc
Imunnce Campnny.to�nc punonall_v knnwn in ho�M1c Individual enJ ofliocr dcscrihod herciq And nckimwlcdged�hot he cvecuced the forcguing
imvmn�n�ana aflixed�ho s�nl nfL nimd Sime�Pire In.uance Compnny @erew by�he uwhonry nP hin office.
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Mdiesv H_D'Alaccin ry. oary Puhlic7
I.�M1cunJcrvignrA aFlicerufGnird S�e�es Fire Inrue�uim Con�peny,u Dchnvn�e coryum�iun,du hcmby c�rtily�Fn��M1co�iginal Powe�oFAaamry eP wM1le6
�he hacyuing is a fiJl,vuc anJ corton ropy is s�i0 In fnrcc nnd cficc�ana hue mi b�m rcvokrA_
IN WITVESS W HEREOi,I havchumunm,wl my hond enJ elLx�ILe rnrpnrute sexl ufUnitN Sr[nx PIm Insurance Compan,�on h c���ay
<�r December,aoza
UNITEUST,11'ESFIREIN3URANCECOMPArvY
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Midiacl C PeY,Seriior Vim Presi�cm
i
APPENDIX C
j � � v i � , � ; : � � CJL. � _� o.. � i
SCHEDULE OFVALUES
+
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SCHEDULE OFVALUES
Bidders should fully complete the Schedule of Values to include quantities, units of ineasure, uni[pricing, and
totals. The cosl of any item(s) of work not covered by a spedflc conhact unit price shall be included in the
contract unit price to which the item(s)is most applicable. Both unit pnce and eMendad total prices must be
stated in units oi quantity spedfied in the bidding spec�cations. Bidder agrees�hat any unit pnce listed in the
Bid is[o be mul[iplied by the stated quantity requirements in ortler to arnve at the total.
ces
Poeitian o..cripllm Ponon urvrt canvacloraiaamwnt
caae R/olauantiry
1 GENERRL CONOITONS/GENERAL REQOIXEMENIS 100 LS f z.555,06833
3 OMSEHIES�OEMOLITON) i.00 �s f 790.193.73
11 qEMOVeL-CIPLDN[REIEPAVING 100 �s f 790,193.73
31 flEMOVAL-1REEVIT 104 LS f INCLUDEINGC
13 NEMOV4-PLANTNGARERS 100 LS f INCLUOEINGC
3.4 pEMOVRL-IREE(LAHGE) 1.00 l5 f INCLUDEINGC
3.5 PR0IECTON-E%ISTNGMAST4GHI 100 LS s INCWDEINGC
? LSEFIES(QVIL) ioo �s f 6,465,32d.86
l.l M41NiENpNLEIlEMS 100 LS f INCLUDEINGC
92 EXOSION CONrnOL 1.0o LS s INCLUDE IN GC
33 UNOEFGXOUNO6AT-GRAOEUiILIlYOEMOLIPDN 1.00 LS s INCLUDEINCIVIL
J.4 SANITAFYSEWERGXAVITV I.00 �5 f INCLUDEINCIVIL
95 S�NRARYSEWEAPRESSUF¢E� 1.00 LS s INCWDEINCIVIL
].6 STORM SEWEIi GRAVIIY 100 LS . s INCLUDE IN CNIL
?� WAIEa 1.00 �5 � f INCLUDEINCNIL
�.6 qOA�WqY 1.00 �5 SINCLUDEIN CIVIL
4 iMSERIES(SIGNAGERNOPAVEMENiMAqKINGS) 100 LS s �3,SS�.�B
41 pAVEMEMMARNINGS 100 LS s B�,�BB.OP
62 SIGNAGE 1.Y0 LS f ����69.�5
5 TSEqIES(SIGNALIZAlION� 1.00 LS S 677,384.68
6 LqSERIES�LANOSCAPEAXCXIiECNF� I.00 LS f 1,851,575.58
6.1 PqVEMENT 100 LS s �96,���.5�
62 PLAN1Eq5 I.00 l5 s $$,54727
6.] FURNISMING I.00 LS t 314,767.85
s.a uHoscqrmc �.00 �s s �5,082.96
i ESEPIES(ELELINICPLI I.00 LS f 335,678.83
8 IRSEPIES(IFFIG�TION) 1.00 LS f ��5,�26.�8
9 WSERIESIWAYFIN0INGSIGNS� 100 LS j 3�,20�.�
APPENDIX D
�---- --
Prevailing Wage and Local Workforce
Participation Programs
• . .. -. . . : .
�
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 Progrem Requirements. In the event of any
omissions or conflicts, the requirements of the City Code,with respect to these programs,
shall prevail.
■
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 classif cations 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 solicitalion. (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 requPreme�ts of this article.
(reference: Sec 31-29).
,... �._ _.. .;. ,,, ,�. . .
� �� � � ��:. 4• ..X, _ .
3. CeRified Payrolls. With each payment application�Contractor shall submif a copy of
all payrolls, including (at a minimum) the name and zip code for the covered employee,
to [he City accompanied by a signed 'Statement of Compliance" indicating that the
payrolls are correct and complete and lhat each laborer or mechanic has been paid not
less than the proper prevailing wage rete for the work pertormed. 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 un�il
such time as the Procurement Department has confirmed that a certified payroll for the
applicable payment application has been accurately submitted in LCP Tracker.
a. LCP Tracker Training. The Procurement DepaRment offers ongoing training in
LCP Tracker to all contractors. To schedule a training session,contad Monica Garcia
at MonicaGarcia@MiamiBeachFL.gov or at 305-673-7490.
• •' •- • • •
1. Responsible Contractor A�davit (RCA�. As a condition of being responsive to ihe
requiremenis of the solicitation and eligible [o be considered for award, the Contrador
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 la6or hours pertormed by Miami-Dade County residents.The Contractorshall
also affirm that it will make its best reasonable efforls to promote employment
opportunities for Miami Beach residenis. FaiWre to submit the RCA shall result in the hid
or propasal being disqualified and deemed non-responsive.
i
2. Workforce PeAormance Report. Before its final application for payment, the
Contractor shall submit its final CeA'rfied Payroll in LCP Trecker, which shall be tleemed
its final Workforce Pertormance RepoA. If the project goal of ihirty percent (30%) of all
construction labor hours to be pertormed by Miami-Dade County residents is not met,the
Contredor 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.
Bahnce o/Paoe/nfentloirelN LeH Blank
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APPENDIX E
� I ! V 1 I i `t ! V 1 I V L. /� \ \.,s 1 I
Tr�nch Safety
Act Certification
. .. . . - -. . . . : .
TRENCH SAFEN ACT CERTIFlCATION
PAGE 1 OF t
IF APPLICABLE,THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE.
On Odober 1, 1990, House Bill 3181, known as the Trench Safery Act, became law. This incorporates ihe
Occupalional Safery 6 Health Administration (OSHA) revised ezcavation safery stantlarUs, dtation 29
CFR.S.1926.650, as Flonda's standards. The Bidder, by virtue of Ihe signalure below, �rtns tha[[he Bidder is
aware of this Act and will comply with all applicable trench safety standards. Such assurence shall be legally
binding on all persons employed by the 8idder and subconiractors. The Bidder is also obligated to identify the
anticipated method and cost of compliance with the applirable Vench safery standards.
THE BIDDER ACKNOWLEDGES THAT THE TOTAL BASE BID INCLUDES THE COSTS OF COMPLVING
WITH THE FLORIDA TRENCH SAFETV ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE
ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEV ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES NOR BE CONSIDERED ADDITIONAL WORK.
The Bidder furlher identified tha costs and methods summanzed below:
Unit Unit
Description of Measure Quantity Pnca Extended Method
Total $�
BUSLAM
Nameyt9id�de
G
ignaWre of idder
CONSIDERATION FOR INDEMNIFICATION OF CITY
Consideration !or Indemnification of City SZ5.00
❑Cost for compliance lo all Federal and State requirements o(the Trench Safety AcC
[NOTE: If Iha hox above is checketl, the Bidder must fill out the preceding Trench Safaty Act
Form in ordar l0 6e considared responsive.�
ATTACHMENTD
INSURANCE REQUIREMENTS
!
TYPE 10 —CONSTRUCTION W/O DESIGN AND
PROFESSIONAL SERVICES (INSTALLATION FLOATER)
INSURANCE REQUIREMENTS
The Contractor shall maintain the below required insurance�in eflect pnor to awarding the
contrad and for �he duration of the contract. The maintenance of pmper insurance
coverage is a material element of the contract and failure to maintain or renew coverage
may be treated as a material 6reach of the coniract, which could result in withholding of
payments or termination of the contract.
A. Workers' Compensation Insurance for all employees of the Contrector as
required by Florida Statute Chapter 440 and Employer Liabiliry Insurance
with a limit of no less than $7,000,000 per accident for bodily injury or
disease. Should the Contrector be exempt from this Statute, the Contractor
and each employee shall hold the Ciry harmless from any injury incurred
during pertormance 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 addilional 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 operetions, property damage, bodily injury and
personal & adveAising injury with limits no less than $2,000,000 per
occurrence. If a qeneral aggregate limit applies, either the general
aggregate limit shall apply separately to this project or the general
aggregate limit shall be lwice the required occurrence limit.
C. Automobile Liability Insurance covering any automobile, if Contrector 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 slored on or oH the Project Site,
which is to be used (installed into a builtling or stmc[ure) in the Project.
(City of Miami 8each shall Named as a Loss Payee on this policy, as its
interest may appear This policy shall remain in force unfil acceptance of
the project by fhe Cify-)
E. Umbrella Liability Insurance in an amount no less than $70,000,000 per
occurrence. The umbrella coverage must be as broad as the primary
General Liability coverage.
F. Contrectors' Pollution Legal Liability (if project involves environmenfal
hazardsJ, with limits no less than $1,000,000 per occurrence or claim, and
$2,000,000 policy aggregaie.
Additional Insured - City of Miami Beach mus� 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 pertormed 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 contractors insurance.
Notice of Cancellation - Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS
Insurance Compliance Services.
Waiver of Subrogation — 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 placetl 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 — Contrador shall furnish the City with original certifcates and
amendatory endorsements, or copies of the applica6le insurance language, effecting
coverage required by this coniracL 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 ihe right to require complete, certified copies of all
required insurance policies, including endorsements, required by these specifcalions, al
any time.
CERTIFICATE HOLDER MUST READ:
CITV 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:
Ce rtificates-miami beach(o)ris kwo rks.com
Special Risks or Circumsfances -The City of Miami 8each 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 liabiliry
and obligation under this section or under any other section of this agreement.
2
ATTACHMENT E
ANTI-HUMAN TRAFFICKING CERTIFICATION
Contract No. 25-087-01
ATTACHMENT E
Affidavit of Compliance with Anti-Human Trafficking Laws
ITB-2025-087-ND-Lincoln Road Improvements Phase 2 Meridian Ave
Contrect Number and Title
Pursuant to section 787.06(13), Florida Statutes, this portion of the form must be
completed by an o�cer or representative of the nongovernmental entity executing,
renewing, or extending a wntract with a governmental entity.
BUSLAM 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: BUSLAM
Representative/Officer's Printed Name: IVAN BUSTO III
Representative/Officer's Title: PRESIDENT
Signature: Date: OS/13/2025
CzJ
Zl3/2atf
DocusignEnvebpel�'.021E55A0-9BFG4D11-AE20-]B�62ti�]�C01 ;
a
<
ConiracWo. 25-087-01 N
N
O
CONTRACT �N++
THIS CONTRAC7(^Contracf')le made anA enteretl into as of the Q4/23�TUZ5 by
and between the City ot Mlami Beach. Florida, a municipal corpo�abon(the"City")and
BUSLAM COMPANV PARTNERS INC.(the"Contraclof'):
WITNESSETH, Mat ihe Contractor, for and in consideration of the payments hereinaNer
specifietl end agreed b be made by the City,hereby covenants and agrees to tumish and
tleliver all the matenals required.to do and peAorm all the work and labor, in a sa�isNactory
and workmanlike manner, required to complete this Canirect within the eime specifed, in
sttict and entire conformity with the Plans, Specifications,and o�her Contract Documen(s,
which are hereby incorporaled into�his Con[ract by re(erence, lor.
ITB-2025-087-N�-LINCO�N ROAD IMPROVEMENTS PHASE 2 MERIDIAN AVE
The Contractor agrees to make payment of all proper charges for IaUor and malerials
required in the aforementioned wo�k, and to defend. intlemnify, and save harmless City,
and their respective officers and employees, /mm liabilities, damages, losses, and cosis
including, but noi limited to, reasonable atlomey's fees, to the ex�ent caused by the
negligence, recklessness, or intentional wrongiul misconduct of Coniracbr antl persons
employetl or utilized by Contractor in the peRormance of this Contract.
ihe repuiremenls of the Contract Documents, as such term is define0 in the Invitalion(o
Bid, are hereDy incorporated by reference �o the General Conditions for Constmction
Contmc�s dated April 13, 2020, Fortnal Solicitali�Terms&Condflbns-Goads and Services
dated Oclober27, 2022, are hereby incorporated by reference as if fully setforth herein.
Withou� limiting the foregoing, the Contract Documents expressly inclutle Ihis Contract,
Composite Attachment A(the City's General Conditions for Construction Coniracts,Fwmal
SoliGtafion Terms & Coriditions - Goods antl Servi�s), Attachmenl B (Plans and
SpecifiCalians, Invitation ta Bid No.Y025-087-ND•Lincola Road Improvements Phase
2 Meridian Ave an0 all Addenda thereto�, Attachment C (Sunbiz Entity Detail antl
Contractor's Response to ihe ITB), antl Attachment D(Insurance requirements). For the
avoidance of doubt, all of the documents constituting �he Contrac� Documents now or
hereaRerexisting (including any Change Orders, Work Ortlers, Field Ortlers, schedules,
shop drawings issued subsequent to Ihe tlate of ihis ContracL etc.) shall govem this
Project. The Anti-Human Tre(ficking Afliaavit is hereby incorpurated into this Agreement
as Attachmen�E.
IBALANCE OF PAGE INTENTIONALLY LEFT BLANKj
1
�omsign Envalopc Itr.021E55A�-BBFC JO]1-�E2B4B16260IDCOd
Contracl No. 25-087-01
In consideration of these premises,the Ciry hereby agrees to pay to t�e Contrector for Ne
work,when fully completed, fhe total maximum sum of tourteen million, Mro huntlred ffty-six
IhousarM,onehundredfity-sMdollarsandhvenrycenLs($14,256,15620J. The Conlrad Price
consisis o( the following accepfed items or schedules of work as taken from [he
Coniractor's Bid Submittal'.
Total6ase8id +lntlemnifica[ion. .. . . _ .. . . ._. . _ __ _. . ....._.$12,885,142.00
Permd AllOwance_... .__... . . . .. . ._.__$75.000.00
_.. . _ . ._..... . .
TotalOwner'sContingency_..__.. . . ._. _ .. .. . ...... _. . _.$7,296,014?0
Con(ractPnce ._...,. ........ .. . _.__ . . __._.._. . . . .$14.256,15620
The Coniract Price,excWsive of the Owner's Contingency antl Permit Allowance,includes,
without limite;ion, all costs for all labor, materials, equipment, fixtures, (reight, field
supervision, supervisory expenses, project vehicles, field of6ce antl equipment, postage
. and Oelivery, safe�y and first aitl, telephone, transportation of emplayees, parking,
insu�ance, laxes, preparation and mainlenance of the consUuction schedule and ihe
preparation of as-built and shop drawings, as we�l as Contractor's overhead and pro(t
required!or completion of all ihe Work in accortlance wilh Ue requirements ot the Contract
Documents, inclutling work reasonabiy inferable therefmm,even if such ilems of Work are
not spacifically or exprassly identified as part of a line item in the Bitl Price Form. The
Contract Price is subject ro such atlditions and tleductions as may 6e provided for in the
Canhact Documents. Progress and Final Paymenis will be made as provided for m (he
Coniract�ocumenfs.
ContraG Time�
Lontract Time and Schedule
. Days for Substen6a! Completion: 240 calendar days
Days for Final Completion:60 calendar tlays
Liauidated Damaaes
Failure lo achieve Substantial Completiorc. $1,500.00/dav
Failure to achieve Final Completion: E600.00fdav
�BALANCE OP VAGE INTENTIONALLV I.EFT BLANK]
2
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oocus�9�envom�io:oz�essno�eaFc-aon-ne2a-�eiszemocoz
Conlrect No. 25-087-01
Whenever either party desires�o gme notice lo �he o�her,suCh nofir,e must be in wrtting,
senl 6yceAified United States Mail,postage prapaid, reWm receipl re�uested, or by hand-
delivery with a request Por a wntten receipt ol acknowledgmenl of tlxlivery, addressed to
the pady for whom it is intentletl at Ihe place last specitied.
The place for giving notir.e shall remain the same as sef forth herein, unlxss such nolice
information is revised in a Coniract amendment tluly executetl by the Ciry and the
Contracbr. Por lhe presen�, Iha parties designa�e the following.
FOr CI :
City of Miami Beach
Capital Improvement Projacts, Dnpartment
7700 Convention Center Dnve
Miami Beach, FL 33139
Attre David Gomez, Director
Ph: 305-673�7616ext. 3541
Email: J�id omez(ohmNmibeachf�v
With coaies to'
City Attomey
Ciry of Miami Beach
1I00 Conventian Center Drive
Mlami Beach, FL 3313�J
Attre Ricartlo Dopico. Ciry Atrorney
Ph: 305-673-7000
Email: [icardodopico�inia�nih_a�ir.htl,yov
For COMfactor.
BUSLAM COMPANV PARTNERS MC
A[N: Kevin Busto
960 AAhur Gotlfrey Road, Suile 2
Miami Beach, FL 33140
Ph: 88&515-3107
Email: kevmhusto@busimttcom
3
i
oocus�q�en�ei�io�oziessno�eeFc-aa�i-aeze-�eiszsmoCo�
Contrac(No. 25-087-01
IN WITNESS WHEREOP,ihe above parlies have caused ihis Conlract to be executetl by
ihelr appropnate oHicials as oflhe dat�tirst above written.
FOR CITV'.,
ATTEST: CITY OF MIAMI BEACH, FLOftIDA
By: � . ____ BY,_��. � i� ..
Rafa�nado,City Clerk Enc Carpenter, ity Manac�er
Oate: . ._—�AY � 2 2�25 .
� � APPROVEOASTO
(sealJ FORM 8 LANGUAGE
8 FOR EXECUTION
4 sEq' �
�.... .:;�s,� ����k �_,nZ—
'�� hCltyAllurney . Date
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\.,�YCii,µ26,�,.r�
FORCONTRACTOR:
BUSLAM C �PARTNERSINC.
By: _ �
' ____ ___._.___.
/
Name� T. _�.,�e_._.___
Date�. _ 9.�3��_ZozS__._—_.
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