C2B-Issue RFP Construction Of 54-Inch Redundant Sanitary Sewer Force MainCOMMISSION ITEM SUMMARY
lntended Outcome
REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR DESIGN/BUILD SERVICES
FOR THE CONSTRUCTION OF A 54" REDUNDANT SANITARY SEWER FORCE MA]N FROM PUMP STATION
#1 TO COMMERCE STREET
Ensure Reliable Stormwater Management By lmplementing Select Short And Long- Term Solutions lncluding
Sea-Level Rise
Data Environmental Scan. etc.): N/A
lssue:
Shall the Commission the award of Contract?
Item Summary/Recommendation:
Clerk's Office islative T
4\fiI ay\P rocu RFP 2014-253-YG Force Main SUMMARY.docx.
AGENDA ITEM
DATf,
J C2-R
On February ot 2012, Pure Technologies submitted a Condition Assessment Report of the existing 54" Pre-
Stressed Concrete Cylinder Pipe (PCCP) force main connecting to the Government Cut force main. lt was
discovered of the 260 pipes analyzed, 8 pipes (3olo) were found with electromagnetic anomalies representing
broken steel pre-stressing wire wraps. Although these anomalies do not pose an imminent threat to the
performance of the City's sanitary sewer service, a redundant 54" force main would ensure sanitary sewer service
in the event of an emergency or during malntenance. The force main is of importance since the existing 54" force
main conveys the City's entire sanitary sewer to the water treatment plant on Virginia Key. In addition the intent
would be to rehabilitate the existing 54" force main's electromagnetic anomalies after bringing the proposed 54"
force main into service.
The City shall prepare the Design Criteria Package for the Project that will serve to define the design requirements
for development of construction documents by the selected Design Build Firm (DBF), and for submission of their
price proposal. The Project consists of micro-tunneling for the installation of the 54" force main, open trench
construction at the launch and retrieval shafts, possible replacement, restoration, relocation or abandonment of
existing water and/or sewer facilities, maintenance of traffic, landscaping, restoration of disturbed drainage
features, roadway reconstruction / pavement markings, repair and/or extension of existing sidewalks to comply with
ADA requirements, and the incorporation and the undergrounding of utilities, including Florida Power and Light
(FPL), Atlantic Broadband (ABB) and AT&T. The City Commission's approval of this item will allow staff to initiate
the appropriate procurement process by advertising the RFP for design build services for the Project.
The DBF selected pursuant to the RFP will be responsible for the design and construction associated with the
Project. The contractwith the successful DBFwill be awarded in accordance with the established requirements for
award of design build contracts.
The Administration recommends that the Mayor and City Commission approve the issuance of Request for
Proposals (RFP) 2014-253-YG for Design/Build Services for the construction of a 54" redundant sanitary sewer
force main from Pump Station #1 to Commerce Street.
RECOMMENDATION
the lssuance of the RFQ.
Financial Information :
Source of
Funds:
Amount Account
1
Total
Financial lmpact Summary:
Alex Denis, Director Ext # 6641
& MIAM:BHACH C-l t*,/V26
g MIAMIBEACH
City of Miami Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 11, 2014
DESIGN/BUILD SERVIGES FOR THE CONSTRUCTION OF A 54" REDUNDANT
SANITARY SEWER FORCE MAIN FROM PUMP STATION #1 TO COMMERCE
STREET
ADMI NISTRATION RECOMMEN DATION
Approve the lssuance of the RFQ.
BACKGROUND
On February ol 2012, Pure Technologies submitted a Condition Assessment Report of the
existing 54" Pre-Stressed Concrete Cylinder Pipe (PCCP) force main connecting to the
Government Cut force main. lt was discovered of the 260 pipes analyzed, 8 pipes (3%) were
found with electromagnetic anomalies representing broken steel pre-stressing wire wraps.
Although these anomalies do not pose an imminent threat to the performance of the City's
sanitary sewer service, a redundant 54" force main would ensure sanitary sewer service in the
event of an emergency or during maintenance. The force main is of importance since the
existing 54" force main conveys the City's entire sanitary sewer to the water treatment plant on
Virginia Key. ln addition the intent would be to rehabilitate the existing 54" force main's
electromagnetic anomalies after bringing the proposed 54" force main into service.
The City shall prepare the Design Criteria Package for the Project that will serve to define the
design requirements for development of construction documents by the selected Design Build
Firm (DBF), and for submission of their price proposal. The Project consists of micro-tunneling
for the installation of the 54" force main, open trench construction at the launch and retrieval
shafts, possible replacement, restoration, relocation or abandonment of existing water and/or
sewer facilities, maintenance of traffic, landscaping, restoration of disturbed drainage features,
roadway reconstruction / pavement markings, repair and/or extension of existing sidewalks to
comply with ADA requirements, and the incorporation and the undergrounding of utilities,
including Florida Power and Light (FPL), Atlantic Broadband (ABB) and AT&T. The City
Commission's approval of this item will allow staff to initiate the appropriate procurement
process by advertising the RFP for design build services for the Project.
TO:the City
FROM:
DATE:
27
Commission Memorandum
RFQ For OesignBuild SeNices The Construction Of A 54" Redundant Sanitary Sewer Force
Main From Pump Station #1 To Commerce Street
May 28, 2014
Page 2 of 2
The DBF selected pursuant to the RFP will be responsible for the design and construction
associated with the Project. The contract with the successful DBF will be awarded in
accordance with the established requirements for award of design build contracts.
MAJOR RFP REQUIREMENTS
1. MINIMUM QUALIFICATIONS
Please Reference Section 0100-6, Minimum Requirements, RFP 2014-253-YG, DB Services for
54" Redundant Sewer Force Main.
2. SUBMITTAL REQUIREMENTS
Please Reference Section 00315, Proposal Submission Requirements,RFP 2014-253-YG, DB
Services for 54" Redundant Sewer Force Main.
3. CRITERIA FOR EVALUATION
Please Reference Section 0305, Evaluation Methodology, RFP 2014-253-YG, DB Services for
54" Redundant Sewer Force Main.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the issuance of a
Request for Proposals (RFP) for Design/Build Services for the construction of a 54" redundant
sanitary sewer force main from Pump Station #1 to Commerce Street.
ATTACHMENTS
RFP 2014-253-YG, DB Services for 54' Redundant Sewer Force Main
rr1
JLM / JMT tret AD
T:lAGENDA\2014\May\Procurement\lssuance RFP 2014-253-YG 54 DB Sewer Force Main MEMO.docx
28
* MIAMIBEACH
REQUEST FOR PROPOSALS
DESIGN/BUIID SERVICES FOR
54,, REDUNDANT SEWER FORCE MAIN
RFP No. 2O14-253-YG
RFP ISSUANCE DATE: MAY 30,2014
PRE-PROPOSAL MEETING DATE: JUNE 12,20'14
PROPOSAL DUE DATE: JULY 10,2014
Alex Denis, Director
DEPARTMENT OF PROCUREMENT MANAGEMENT
I 700 Convenlion Center Drive, Miomi Beoch, FL 33,l 39
www. m iom ibeqchfl.gov
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MIAMIBEACH
TABLE OF CONTENTS
PAGE
PUBLTC NOTTCE FOR PROPOSALS............ ..............3
OO1OO. GENERAL INSTRUCTIONS TO PROPOSERS ..........,.........4
00200. DEFtNtTtoNS .............................8
00300. TNSTRUCTTONS TO PROPOSERS .................8
00305. EVALUATION METHODOLOGY................ ......................... 13
00315. pROPOSAL SUBMTSSTON REOUtREMENTS.............. ........................... 16
OO4O5. CIry OF MIAMI BEACH LICENSES, PERMITS AND FEES... ........,........21
APPENDIXES:
A. PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTSAFFIDAVIT...23
B. "NO BrD" FORM......... ...........31
c. BrD BOND FORM ......... ........33
D. BtD TENDER FORM (COST PROPOSAL) .....................35
E. TNSURANCE REQUTREMENTS........... .......................38
F. REQUIRED FORMS .............40
G. CONTRACT .........44
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MIAMIBEACH
* MIAMIBEACil
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305.673.7490, Fax: 786.394.4006
PUBLIC NOTICE
REQUEST FOR PROPOSALS (RFP) No.2014-253-YG
DESIGN/BUILD SERVICES FOR: 54" REDUNDANT SEWER FORCE MAIN
Miami Beach, Florida
The Design/Build Firm (DBF) will be responsible for the design, construction, and construction management
associated with the work related to earthwork, pavement reconstruction, overhead utility undergrounding, sidewalk
construction, water main improvements (to also include water meter replacement), storm drainage infrastructure
installation, sewer main and structure lining, new conduits, conductors and service point for the existing street lights
and streetscape/planting improvements. A Design Criteria Package has been prepared which includes conceptual
specifications and plans for the civil and landscaping disciplines.
The DCP for this project shall be available in digital format on CDs. Please call Kenneth Patterson at 305,673.7490,
or e-mail kpatterson@miamibeachfl.qov to secure a CD. The cost for these CDs is $20. One may purchase a CD
through the Finance Cashier located on the 1,t Floor in City Hall. Please make reference of the RFP number (RFP
2014-253-YG) and project name (DESIGN/BUILD SERVICES FOR 54' REDUNDANT SEWER FORCE MAIN) to the
Finance Cashier. Afler purchase, CDs are to be collected by the Proposer at the Procurement Office located on the
3rd Floor in City Hall with presentation of receipt from the Finance Cashier.
A Mandatory Pre-Proposal Conference, as further detailed in Section 0100-11 of the RFP is scheduled for 3:00 p.m.
on June 3, 2014 in the City Managels Large Conference Room located at 1700 Convention Center Drive on the 4th
floor.
Sealed proposals will be received by the City of Miami Beach Department of Procurement Management, 3rd Floor,
1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the July 10,2014, for
DESIGN/BUILD SERVICES FOR 54'REDUNDANT SEWER FORCE MAIN (the Project).
Sincerely,
)v-t-H
Alex Denis
Director, Procurement Management Depa(ment
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MIAMIBEACH
01OO. GENERAL INSTRUCTIONSTO PROPOSERS:
1. General. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualiflcations, proposed scopes of work and cost Proposals (the
"Proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Propose(s) (the "contractor[s]") ifthis RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notilication of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
wilh PuhlicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may
result in disqualification of Proposal submitted.
2. Scope of Work: The Design/Build Firm (DBF) will be responsible for the design and construction associated with
the work related to approximately 900 linear feet of tunnel boring/open trench construction to install 54-inch internal
diameter pipeline, to be constructed with inerUnon-conosive malerial, along Washington Avenue from Commerce
Street to 2nd Street.
1. Approximately 4000 linear feet of tunnel boring to install S4-inch internal diameter pipeline, to be
constructed with inerUnon-corrosive material, along Euclid Ave from 2,d Street to 11th Street
2. Approximately 600 linear feet of tunnel boring/open trench construction to install S4-inch internal
diameter pipeline, to be constructed with inerUnon-conosive material, along 1 t h Street from Euclid Ave
to Pump Station #1.
ln addition, the scope of construction services will include, but is not limited to, providing all the materials,
labor, and equipment as well as the management, supervision, quality control, cost and schedule controls,
and safety services for the constructioni installation of all tunneled piping including launch and
retrieval shafts, manholes, junctions, ancillary piping, and tie-in connections to facilitate
successful construction and commissioning of the 54" redundant force main stretching from
Pump Station #1 to Commerce Street.
Design/Build Firm. is responsible for the cost of the construction from Pump Station #1 to the
existing 54" al 2no Street. Design/Build Firm price t including permitting, materials, equipment,
tools, labor, authorizations, approvals, utilities, testing, certification and any and all other
contractor's expenses.
3. Proiect Duration: The Design-Builder must complete the Work by the following durations, which exclude
the warranty administrative period.
1. Substantial Completion Date on or before 194 calendar days after the Notice to Proceed.2. First Completion Date on or before 224 calendar days after the Notice to Proceed.
4. Location of Work: The location of the project is approximately Washington Avenue from Commerce Street to
2ld Stre.tj,l,ar"i Beach, Florida.
5. Desiqn Criteria Packaqe: The DCP for this prolect shall be available in digital format on CDs. Please call Kenneth
Patterson at 305.673.7490, or e-mail koatterson@miamibeachfl.qov to secure a CD. The cost for these CDs is $20.
OnemaypurchaseaCDthroughtheFinanceCashierlocatedonthel.rFloorinCityHall. Pleasemakereferenceof
the RFP number (RFP 2014-253-YG) and project name (DESIGN/BUILD SERVICES FOR 54' REDUNDANT
4 I RFP 2ot4-2s3-YG
32
MIAMIBEACH
SEWER FORCE MAIN) to the Finance Cashier. After purchase, CDs are to be collected by the Proposer at the
Procurement Office located on the 3rd Floor in City Hall with presentation of receipt from the Finance Cashier.
6. Minimum Requirements: ln order for proposals to be deemed responsive, Proposers must meet the minimum
requirement set forth herein. Non-responsive bids will be disqualified from consideration. Minimum
requirements are for projects completed within the last 10 years, including projects that may be at least 50%
complete prior to the required submittal date of the solicitation.
Design-Builder Minimum Requirements:
1. The Design-Builder shall have performed and/or managed as a prime contractor or Design-Builder the
construction of at least 2 micro{unnel projects, one of which was a minimum length 1 ,200 linear feet with a
minimum of 48-inch inside diameter.
2. The Design-Builder shall be licensed as a General Contractor or Underground Utility Contractor in the State
of Florida.
3. The Design-Builder shall have completed at least three (3) prolects similar in scope and volume in the past
ten (10) years demonstrating the Proposer's experience in Right of Way (ROW) and infrastructure
improvements.
4. The Design-Builder shall have completed at least five (5) propcts similar in scope and volume
demonstrating the Propose/s design-build project experience in the past ten ('10) years.
5. The Design-Builder shall have completed three (3) projects simihr in scope and volume demonstrating the
Propose/s experience performing deep excavation/dewatering procedures in a coastal environment in the
past ten (10) years.
The Design-Builder may also qualify for any of the Lead Constructor or Lead Designer requirements.
Lead Designer(s) Minimum Qualifications:
1. The Lead Designe(s) Firm shall have designed at least 2 tunneling prolects, including 1 project consisting
of a minimum 1200-foot length and 48-inch inside diameter.
2. The Lead Designe(s) Firm performing design lor the deep shafts shall have designed at least 2 deep shafts
to support a tunnel boring operation of at least 25-feet deep (below grade).
3. The Lead Designe(s) providing services under technical certification categories herein shall have designed
or managed at least 2 projects that were completed within the last 10 years involving the following project
elements: tunneling, large diameter pipeline installation and construction of deep shafts.
Lead Constructor:
'1. The Lead Constructo(s) firm performing the tunnel boring work shall have constructed at least 5 tunneling
projects of similar complexity to this prolect. A minimum total of 2500 linear feet of micro-tunnel installation
is required, including 1 project consisting of a micro{unnel installation with a minimum length of 1200 linear
feet and 48-inch nominal inside diameter.
2. The Lead Constructo(s) firm performing the shaft construction shall have constructed at least 4 deep shafts
(i.e. at least 15 feet below grade), 2 of which were to at least 30 foot deep (below grade).
3. The Lead Constructor(s) lirm performing the open cut installation of 54-inch pipe shall have performed at
least 2 projects utilizing open cut methods with pipe of 48-inches inside diameter or larger, including 1
pro,lect having a total installed length of at least 1,000 linearfeet,
The Lead Constructor may also qualify for any of the Design Builder requirements.
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MIAMIBEACH
7, Bid Bond: A bid bond of 5% of the total cost submitted by Proposer is required to be submitted with the proposal.
The bid bond must be in the form of a bid bond (See Appendix D), or bank certified check issued to "The City of
Miami Beach, Florida".
9, Proposal Submission: One (1) unbound original proposal must be received by 3:00 p.m. on the 1()th day of
July, 2014. Additionally, seven (7) bound copies as well as a CD or flash drive copy of the complete proposal
are to be submitted to the City. The original proposal and all copies must be submitted to the Department of
Procurement Management in a sealed envelope or container stating on the outside, the Proposer's name, address,
telephone number, RFP number, title, and due date, Any proposals received after time and date specified will be
returned to the Proposer unopened. The responsibility for submitting a proposal before the stated time and
date is solely and strictly the responsibility of the Proposer. The City is not responsible for delays caused by
mail, courier service, traffic, weather or any other occurrence.
10. Procurement Contact: Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov; or facsimile: 786-394-4188. The RFP title/number shall be referenced on all
correspondence. All questions or requests for clarilication must be received no later than ten (10) calendar days
prior to the date Proposals are due as scheduled in Solicitation Timeline. All responses to questions/clarifications will
be sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
Alex Denis
Telephone:
305.673.7490
Email:
adenis@miamibeachfl.gov
1 1. Pre-Proposal Conference: A Pre-Proposal Conference is scheduled for 3:00 p.m. on June 12,2014 in the City
Manaqe/s Conference Room located at 1700 Convention Center Drive on the 4th floor.
Attendance (in person or via telephone) to this meeting is not mandatory but strongly encouraged. Proposers
interested in participating in the meeting via telephone must follow these steps:(1) Dialthe TELEPHONE NUMBER: 888-270-9936 (Toll-free North America)(2) Enter the MEETING NUMBER: 1142644# (note that the number is followed by the pound (#) key).
12. PRE-PROPOSAL INTERPRETATIONS: Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective Proposer who
has received this RFP by any means other than through PublrcPurchase must register immediately with
PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may
result in disqualification of Proposal submitted.
The tentative schedule for this solicitation is as follows:
RFP Issued May 30, 2014
Pre-Proposal Meeting (Refer to 0100-1 1 for details)3:00 p.m, on June 12,2014
Deadline for Receipt of Questions July 3, 2014
Proposals Due July'10, 2014
Evaluation Commiftee Review & Proposer Presentations
(Presentations only if deemed necessary by the City)
TBD
Tentative Commission Approval Authorizing Negotiations TBD
Contract Negotiations TBD
6 I RFP 2014-2s3-YG
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MIAMIBEACH
13. CONE 0F SILENCE. Pursuant to Section 2486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http//library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida, Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
14, SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
hftp://web. miamibeachfl .qov/orocuremenUscroll.asox?id=235 1 0
. CONE 0F S1IENCE............................ CI CODE SECTION 2486
o PROTESTPROCE0URES.............,..... CITY CODE SECTION 2-371
o DEBARMENT PROCEED|NGS.............. CITY CODE SECTIONS 2-397 THROUGH 2485.3
. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2481 THROUGH 2406
o CAMPAIGN CONTRIBUTIONS BY VENDORS.......... Clry CODE SECTION 2487
. CAIVPAIGN CONTRIBUTIONS BY LOBBYISIS ON PR0CUREMENTtsst.]Es................... ctTY coDE sECTroN 2488
o REOUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS
FOR DOI/ESTIC PARTNERS....,,,.....,..,,,.. CIry CODE SECTION 2.373. LIVING WAGE REOUIREI\4ENT,...,,,,.,,...
r LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS.,-. ....
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIEO SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES,,,..,,....,.,..,,...,,,,..,,. FALSE CLAIMS ORDINANCE........ ACCEPTANCE OF GIFTS, FAVORS & SERVICES...,...,,,..,.,..,,,...,....,.
CITY CODE SECTIONS 2407 THROUGH 2410
CITY CODE SECTION 2-372
CITY CODE SECTION 2-374
crTY coDE sEcTtoN 70-300
CIIY CODE SECTION 2449
Note: Ordinances may be amended any time prior to the receipt of bids. The most recently approved ordinance or version shall
apply.
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MIAMIBEACH
OO2OO. DEFINITIONS:
Please refer to Section 00600, Contract, Article No. 1 - "Definitions and ldentifications", in the Attachment.
OO3O(). INSTRUCTIONS TO PROPOSERS:
1. Examination of Contract Documents and Site: lt is the responsibility of each Proposer before submitting a
proposal, to:
1.1 . Examine the Contract Documents thoroughly,1.2. Visit the site or structure to become familiar with condilions that may affect costs, progress,
performance or fumishing of the Work,1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations,
permits, and ordinances that may affect costs, progress, performance, furnishing of the Work,
or award,1.4. Study and carefully correlate Propose/s observations with the Contract Documents, and1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or
discrepancies in the Contract Documents of which Proposer knows or reasonably should have
known.
The submission of a proposal shall constitute an incontrovertible representation by Proposer that Proposer
has complied with the above requirements and that without exception, the proposal is premised upon
pefforming and furnishing the Work required by the Contract Documents and that the Contract Documents
are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for
performance and fumishing of the Work.
2. Pre-Proposal lnterpretations: Only questions answered by written Addenda will be binding and may
supersede terms noted in this RFP. Oral and other interpretations or clarifications will be without
legal effect. All guestionsaboutthemeaningorintentoftheGontractDocumentsaretobedirectedtothe
City's Procurement Director or designated representative in writing. lnterpretations or clariflcations
considered necessary by the City in response to such questions will be issued by the City by means of
Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received
the Bidding Documents. Written questions should be received no less than ten (10) calendar days
prior to the date of the opening of Proposals. There shall be no obligation on the part of City or the
City's Procurement Director to respond to questions received less than ten (10) calendar days prior
to original proposal opening date stipulated in this solicitation.
3. Joint Ventures: Joint Ventures are not allowed. The City will contract wilh a Prime Contractor only. Each
proposal shall be submitted by the Prime Conhactor only. However, proposals may include sub-contractors
or sub-consultants to the Prime Contractor.
4. Printed Form of Proposal: All proposals must be made upon the blank Proposal Tender Form included
herein and must give the price in strict accordance with the instructions thereon. The proposal must be
signed and acknowledged by the Proposer in accordance with the directions on the proposal form.
5. Acceptance or Reiection of ProDosals: The City reserves the right to relect any or all proposals prior to
award. Reasonable efforts will be made to either award the Contract or reject all proposals within one-
hundred twenty (120) calendar days after proposal opening date. A Proposer may not withdraw its proposal
unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of
proposal opening. AProposermaywithdrawitsproposal aftertheexpirationofonehundredtwenty(120)
calendar days from the date of proposal opening by delivering written notice of withdrawal to the
Department of Procurement Management prior to award of the Contract by the City Commission.
a I nre 2014-2s3-Yc
36
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MIAMIBEACH
Determination Of Award; The linal ranking results of Step 1 & 2 outlined in Evaluation of Proposals Section
will be considered by the City Manager who may recommend to the City Commission the Proposer s/he
deems to be in the best interest of the City or may recommend rejection of all Proposals. The City
Manage/s recommendation need not be consistent with the scoring results identilied herein and takes into
consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
conkact.
The City Commission shall consider the City Manager's recommendation and may approve such
recommendation. The City Commission may also, at its option, reject the City Manager's recommendation
and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also
relect all Proposals. Upon approval of selection by the City Commission, negotiations between the City and
the selected Propose(s) will commence.
Evaluation: An interim performance evaluation of the successful Proposermay be submitted by the Contract
Administrator during construction of the Prolect. A final performance evaluation shall be submitted when the
Request for Final Payment 1o the conslruction contractor is fonvarded for approval. ln either situation, the
completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to
the successful Proposer. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Proposer for future proposals with the City.
Conkact Price: The Contract Price is the Guaranteed Maximum Price agreed to by the Design/Build Firm
and the City under this Contract, payable to complete the Work in accordance with the DCP, and as may be
increased or decreased by Change Order. The Contract Price is to include the furnishing of all necessary
design, labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and
profit for the completion of the Work except as may be othenrvise expressly provided in the Contract
Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price
shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable.
Postponement of Date for Presentino and Openino Proposals: The City reserves the right to postpone the
date for receipt and opening of proposals and will make a reasonable effort to give at least five (5) calendar
days written notice of any such postponement to each prospective Proposer.
Qualifications of Proposers; Proposals shall be considered only from Proposers which submit their proposal
by the proposal's due date; Proposers who meet the "Minimum Requirements"; and Proposers that submit
all required documentation as requested underthis solicitation.
ln determining a Proposeis responsibility and ability to perform the Contract, City has the right to investigate
and request information concerning the financial condition, experience record, personnel, equipment,
facilities, principal business location and organization of the Proposer, the Propose/s record with
environmental regulations, and the claims/litigation history of the Proposer. The City reserves the right to
consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or similar) in determination of
capacity.
7.
8.
0
10.
? I RFP 2ot4-2s3-Yc
37
11.
12.
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Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7)
calendar days prior to proposal opening. All addenda and other modilications made prior to the time and
date of proposal opening shall be issued as separate documents identified as changes to the Project
Manual.
Prevailino Waqe Rates: tNAl
funded eenstruetion eentraets in exeess ef ene millien dellars te whieh the City ef Miami Beaeh is a party,
iees
ef \Yerh as establ is
e.-------ste+ma+a+nage* read eenstruetien, exeept bridges er struetu{es requiring pilings; ande, Ueautineafien p
Occupational Health and Safetv: ln compliance with Chapter 442, Floida Statutes, any toxic substance
listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The
MSDS must include the following information:
12.1 The chemical name and the common name of the toxic substance.
12.2 The hazards or other risks in the use of the toxic substance, including:
12.2.1 The potential for fire, explosion, conosion, and reaction;
12.2.2 The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by
exposure to the toxic substance; and
12.2.3 The primary routes of entry and symptoms of overexposure.
'12.3 The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of overexposure.
12.4 Ihe emergency procedure for spills, fire, disposal, and first aid.
12.5 A description in lay terms of the known speciflc potential health risks posed by the toxic substance
intended to alert any person reading this information.
12.6 The year and month, if available, that the information was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
,1'tJ.
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14.
MIAMIBEACH
Environmenlal Requlations: The City reserves the right to consider a Proposeis history of citations and/or
violations of environmental regulations in investigating a Proposeds responsibility, and further reserves the
right to declare a Proposer not responsible if the history of violations wanant such determination in the
opinion of the City. Proposer shall submit with its Proposal, a complete history of all citations and/or
violations, notices and dispositions thereof. The non-submission of any such documentation shall be
deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify
the City immediately of notice of any citation or violation which Proposer may receive after the Proposal
opening date and during the time of performance of any contract awarded to it.
"Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract
Documents including plans and specifications by reference to manufacturers'or vendors' names, trade
names, catalog numbers, or othenvise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to establish a standard; and, unless
it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any
material, article, or equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable provided the materials, article or
equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR,
WHO SHALL FORWARD SAME TO CONSULTANT.
Protested Solicitation Award: Proposers that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Code Section 2-371, which establishes procedures for
resulting prolested proposals and proposed awards. Protest not timely pursuant to the requirements of the
City Code shall be barred.
Financial Stability and Strenqth: The Proposer must be able to demonstrate a good record of performance
and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or
services req uired herein.
ln addition to other flnancial documents required to be submitted, the City may require, after receipt of
proposals, that Proposers shall submit financial statements for each of their last two complete fiscal years
within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of net income). When
the proposal submittal is from a joint venture, each Proposer involved in the joint venture must submit
flnancial statements as indicated above.
The City reserves the right to consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or
similar) in determination of capacity.
Any Proposerwho, at the time of proposal submission, is involved in an ongoing bankruptcy as a debtor, or
in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over
all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state
insolvency, may be declared non-responsive.
Miami Beach-Based Vendors: Pursuant to City of Miami Beach Code Section 2-372, a preference will be
given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the
lowest responsive, responsible Proposer, an opportunity of providing said goods or contractual services for
the lowest responsive proposal amount. Whenever, as a result of the foregoing preference, the adjusted
prices of two (2) or more Miami Beach-based vendors constitute the lowest proposal for a competitively
proposal purchase, and such proposals are responsive and otherwise equal with respect lo quality and
15.
to.
17.
18.
It I RFP 2OI4-253-YG
39
19.
MIAMIBEACH
service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its
employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the
same number of its employees that are Miami Beach residents, then the award shall be made to the Miami
Beach- based vendor who is certilied by Miami-Dade County as a Minority or Women Business Enterprise.
Veteran Business Enterprises: Pursuant to City of Miami Beach Code Section 2-374,the City shall give a
preference to a responsive and responsible Proposer which is a small business concern owned and
controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within
five percent (5%) of the lowest responsive, responsible Proposer, by providing such Proposer an opportunity
of providing said goods or contractual services for the lowest responsive Proposal amount. Whenever, as a
result of the foregoing preference, the adjusted prices of two (2) or more Proposers which are a small
business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such
proposals are responsive, responsible and othenvise equal with respect to quality and service, then the
award shall be made to the service-disabled veteran business enterprise.
Equal Benefits Code Provision: Proposers are advised that this Proposal and any contract awarded
pursuant to this procurement process shall be subject to the applicable provisions of City Code Section 2-
373, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Code
Provision')." The Code Provision applies to all employees of a Contractor who work within the City limits of
the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside
of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
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20.
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MIAMIBEACH
OO3O5. EVALUATION METHODOLOGY
1, Two Step Evaluation. The evaluation of responsive proposals will proceed in a two-step process. The first
step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee, The
second step will consist of quantitative criteria established below to be added to the first step scores by the
Procurement Management Department.
2. Evaluation Comittee: An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each Proposal in accordance with the qualifications criteria established below. ln doing so, the Evaluation
Committee may:
a, Review proposals received and short-list one or more proposers to be considered during Step 2 of
the evaluation; or
b. Review proposals received and interview or receive presentations from one or more proposers in
order to develop a short-list of one or more proposers to be considered during Step 2 of the
evaluation.
3. Step 1 Evaluation (Qualitative Criteria):
Remainder of Page lntentionally Left Blank
ln no parlicular order, the evaluation committee will consider the
following factors in evaluating the qualitative criteria porlion of the
evaluation process:. Qualification of Proposing Firm, including team firm's and
prior joint experience and recent, cunent and projected
workloads of the firm. Project Team Experience, including Qualifications of
Contractor & Key Personnel, including Design Engineer &
Key Personnel. Relevant Similar Experience. Self-Performance of Work. Financial Capacityo Pgect Approach, including DBE utilizationr Project Schedule. Risk Assessment Plan. Self-Performance of Work
r3l RFP 20r4-2s3-YG
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4.
MIAMIBEACH
Step 2 Evaluation (Quantitiative Criteria): Following the results of Step 1 Evaluation of Qualitative
criteria, the proposers may receive additional points to be added by the Department of Procurement
Management to those points earned in Step 1. Proposer must submit qualifying evidence with their
proposals in orderto receive points in the category.
accordance to City Code.
Price: Points awarded to the proposer for cost proposals shall be developed in accordance with the
Remainder of Page lntentionally Left Blank
6
The volume of work previously awarded to each firm by the City.
(Firms with the least amount of previous work awarded by the City
will yield the most points. The firm with the most work previously
awarded work bv the Citv will receive no
Miami Beach-Based Vendor
Veterans and Slate-Certifi ed Service-Disabled Veleran
- Points Awarded for Miami Beach-Based Vendors and Veteran's Preference shall be in
formula:
Sample Obiective Formula for Cost and Supplier Risk Score
Vendor Vendor
Cost
Proposal
Example
Maximum
Allowable Points
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Total Points
Awarded
Vendor A $100.00 20 $100 / $100 X 20 = 20 20
Vendor B $150.00 20 $100/$150X20=13
Vendor C $200.00 20 $100/$200X20=10 10
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MIAMIBEACH
6. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
::':'.i
.,..t,,
:,l
Committeeil
Member 1,,,
Step 1
Points 82 /b 80
Step 2
Points 10 7 5
Total 92 84 85
' Rank 1 I .\L
tt
at'
,,, Con,,, Committee.l
Step 1
Points 90 85 72
Step 2
Points 10 7 5
Total 100 92 79
,, ,,r-.Member 2,,'., .,.,...,Rank -.1 )
L,'
r;IiiiIiI:,::''-.
, 'Committee
,,,,, l\rlember.2,,
Step 1
Points 80 74 00
Step 2
Points 10 7 5
Total 90 6t -70
,," , ",,,'Rank,-,,,,,. z.
- Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Rankino does not constitute an award
recommendation until such time as the City Manager has made his recommendation
to the City Commission, which may be different than final ranking results.
By submitting a proposal, all Proposers shall be deemed to understand and agree that no property interest
or legal right of any kind shall be created at any point during the aforesaid evaluation / selection process
until and unless a contract has been agreed to and signed by both paffes.
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15 I RFP 2014-2s3-YG
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00315. PROPOSAL SUBMISSION REQUIREMENTS
1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in the following
documents, each fully completed, and signed as required. Proposal packages which do not include all
required documentation, or are not submitted in the required format, or do not have the appropriate
signatures on each document, may be deemed non-responsive. The City reserves the right to request any
documentation omitted, with exception of the Proposal Price form. Proposer must submit the
documentation within three (3) calendar days upon request from the City, or the proposal may be deemed
non-responsive. Non-responsive proposal packages will receive no further consideration.
Proposers may not dictate the circumstances under which the documents are deemed to be conlidential.
Only the State Legislature may determine which public records are subject to disclosure and which are not.
Moreover, a private party cannot render public records exempt from disclosure merely by designating as
confidential the material it furnishes to the City. The desire of the private party to maintain privacy of certain
materials filed with the City is of no consequence unless such materials fall within a legislative created
exemption to Chapter 119, Florida Statutes.
2. CONTENTS AND FORMAT 0F PROPOSAL. To facilitate review of proposals, Proposers are requested to
submit proposals in the format stipulated in this section, including cleady identifiing each proposal section (tab).
2.1 (TABI)-IDENTIFICATIONPAGEANDTABLE0FCONTENTS:ProposershallprovideanldentificationPage
including the following information:
2.1.1 Cover Letter.
2.1.1.1Name of Proposer (Prime Contractor).
2.1.1.2Addressof submitting Proposer. (Note: if co venture, specify)
2.1.1.3 E-mail address for the appropriate contact person at the submitting company.
2.1.1.4Phone number and facsimile number of submitting Proposer.
2.1.1.5Federal Tax ldentification Number for submitting Proposer.
2.1.1.6 Declaration regarding company organization, whether as Corporation, Partnership, or
other. (Note: if co venture, specify)
2.1.1.7Signature of an officer or other individual of the submifting Proposer who has the authority
to bind said Proposer.
2.1 .1 .8 Printed name of the authorized signing officer or other individual,
2.1 .1 .9 Title of the authorized signing officer.
2.1.1.10Date of signature.
2.1.2 Table of Contents.
2.1.3 Appendix A, Proposal Questionnaire, Certiflcations & Requirements Affidavit.
2.2 (TAB 2) - COMPLIANCE WITH MINIMUM REQUIREMENTS: Proposer shall submit verifiable documentation
that demonstrates Proposer is in full compliance with the Minimum Requirements noted on page 6 of the Public
Notice Section. For those minimum licensure requirements, proposer shall submit copies of the applicable
license. For those experience qualifications, proposer shall submit specific projects and project contact
information.
2.3 (TAB 3) - OUALIFICATIONS OF PROPOSING FIRM. Submit detailed information regarding the firm's history
and relevant experience and proven track record of providing the scope of services similar as identified in this
solicitation, including experience in providing similar scope of services to public sector agencies.
2.3.1 Team Firms (sub-contractor/sub-consultant to the Prime Contractor). For each team firm detailed
information regarding the firm's history and relevant experience and proven track record of providing
the scope of services similar as identified in this solicitation, including experience in providing similar
scope of services to public sector agencies.
ld I RFP 2014-2s3-YG
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MIAMIBEACH
2.3.2 Prior Joint Project Experience. Submit list of prolects (including project contact information) for
each project that the proposed prolect team firms have collaborated on in the past, including detailed
information on each firm's role.
2.3.3 All Proposers shall submit verifiable evidence of recent, cunent, and projected workloads.
Proposers shall submit at a minimum project titles, descriptions, percentage completed, anticipated
completion date, and a point of contact (phone and e-mail) for each project for verification purposes,
2.4 (TAB 4) - PROJECT TEAM EXPERIENCE. (lndividual Team Members): lt is a requirement of the prolect that
the Proposer, staff the project with competent individuals, and qualiiied supervisory personnel. To that end, the
Proposer shall provide:
2.4.1 An organizalional chaft lisling the proposed key personnel, their qualifications and their roles in the
project, resumes which shall include educational background, work experience, employment history,
and any other pertinent information. Where applicable, proposed team members shall also submit
current and valid certifications and/or licenses for their individual scope of supervision. At a minimum,
the Proposer shall include the following proposed p@ect team members:
2 4.1.1 Prolect Manager
2.4.1.2 Final Design Manager
2.4.1.3 Final Design Engineer(s)
2.4.1.4 Construction Superintendent
2.4.1 .5 Underground Utility Superintendent Foreman2.4.2 A staffing plan that cleady illustrates the key elements of the organizational structure proposed to
accomplish the management, design, construction, inspection and administrative services required, The
staffing plan should indicate the availability of the personnel proposed to work on the Prolect. The staffing
plan should also indicate the name of the individual who will serve as the primary contact with City.
Proposer shall cleady detail the role of all of the Sub-consultants and/or Sub-contractons proposed for the
Prolect.2.4.3 Submit verifiable information that the team, as individuals, has worked together on past projects
similar to the scope of this RFP.
2.4.4 (TAB 5) - RELEVANT EXPERIENCE: Each Proposer shall demonstrate their experience in the
Final Design and Conskuction of projects of similar scope, size and complexity. Each Proposer shall furnish
a list of all prolects demonstrating relevant experience. Projects must illustrate familiarity with all of the
following aspects: underground utility construction; storm water collection and disposal; and site concrete
work. All projects must demonstrate experience within existing traveled roads where trafflc must have been
maintained. Projects must have a minimum value of $1,000,000 each. ln order to properly evaluate the
proposals, the City requests that each Proposer submit project references for previous projects completed
wilhin the last five (5) years that include the following information and components:
2.4.4.1 Project name
2.4.4.2 Projectlocation
2,4.4.3 Brief description of work performed
2.4.4.4 Names, addresses, telephone number, fax number, and contact name for the following:
2.4.4.5 Owner or Agency
2.4.4.6 Architect or Landscape Architect, or Engineering Consultant
2.4.4.7 General Contractor (if work performed as a Sub Contractor)
2.4.4.8 Name of General Contractor's project manager and lleld superintendent
2.4.4.9 Awarded contract amount and final contract amount
2.4.4.10 Explanation of differences between awarded and final contract amounts, if difference
exceeded 5%
2.4.4.11 Date of prolect completion. The Proposer should reference if the project was completed on
time
17 | RFP 2014-2s3-YG
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MIAMIBEACH
2.4.4.12 A checklist or description of the following types of construction encountered on the project, if
applicable
2.4.4.13 Trafflccontrol
2.4.4.14 Maintenance of access for pedestrians to businesses or residences
2.4.4.15 Undergroundutilityconstruction
2.4.4.16 Erosion control and storm water pollution prevention measures
2.4.4.17 Drainage collection and / or disposal system
2.4.4.18 lrrigationsystems
2.4.4.19 Landscapeplanting
2.5 (TAB 7) - SELF-PERFORMANCE OF WORK. lt is the objective of the City that, at a minimum, 607o of the
construction portion of the propct defined herein shall be performed directly by the Prime Contractor (rather than
through sub-contractons). To evaluate compliance with this objective, proposers shall submit a schedule, by
Construction Specification lnstitute (CSl) Division, denoting which sections of the scope shall be performed
directly by the Prime Contractor (with its own forces) and which sections are intended to be subcontracted.
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r& | RFP z}t4-2s3-YG
46
MIAMIBEACH
2.6 (TAB 8)- F|NANC|AL CAPACTTY.
2.6.1 D&B Supplier Qualifier Repo( Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Repoft (SQR) directly to the Procurement Contact named herein. No Proposal will be
considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the
preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR
report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly
recommended that each Proposer review the information contained in its SQR for accuracy prior to
submittal to the Ci$ and as early as possible in the solicitation process. For assistance with any portion
ofthe SQR submittal process, contact Dun & Bradstreet at 800-424-2495.
2.6.2 Bonding Capacity. Proposers shall provide proof of bonding capacity suitable for the scope of work from
a Surety firm rated by AM Best as to be no less than A- (Excellent) and within a Financial Size Category
of no less than Category V ($10 - $25 million).
2.7 (TAB 9) PROJECT APPROACH: Proposer will be required to submit a nanative of its team's approach to the
prolect. The following is to be addressed in the Prolect Approach section:2.7.1 Submit veriflable evidence Proposer's intent to utilize Disadvantaged Business
Enterprise (DBE) Firms. Accepted DBE certifications include the Small Business Administration (SBA),
State of Florida, or Miami-Dade County..2.7.2 A management plan including, techniques for 'partnering' with the community's
merchants, tenants and residents and its approach to a project of this nature with construction activities
as described in the Scope.2.7.3 The Proposer shall provide a detailed description of the key Project aclivities, to
include final design and construction activities approach;2.7.4 The Proposer shall illustrate complete understanding of the scope of work for all
components of the pro1ect. The narrative shall address methodology, sequencing and phasing of the
various work efforts.2.7.5 The Proposer shall describe the efforts involved in coordinating with Florida Power
and Light (FPL), AT&T and Atlantic Broadband (ABB).2,7.6 Proposer shall clearly detail and present its approach to all required permifting issues,
including but not limited to, water distribution system, stormwater drainage system, street lighting
system, Iandscaping etc., relative to the applicable agency(ies) and entity(ies), e.g. City of Miami
Beach, SFWMD, FDOT, FDEP, USACOE, Miami-Dade County RER, Fl. Dept, of Health, etc.2.7.7 Proposer shall describe their Quality Assurance / Quality Control Plan ('OpJOC
Plan") for the Work, including deslgn, conslruction, coordination, implementation and completion of the
Project. The Proposer shall explain its QIVQC Plan and the plan for any of its subconsultants or
Subcontractors, namely the policies and procedures that will be used to assure the complete and the
accurate management of the Prolect.2.7.8 Proposer must perform at least sixty percent (60%) of the construction work with the
firm's own forces.
2.8 (TAB 10) PROJECT SCHEDULE: The Proposer shall submit a Preliminary Project Schedule with the submittal.
The Preliminary Project Schedule shall include all anticipated major milestones and their associated phasing
with other activities, including completion of the Project within the specifled time detailed in the Proposal
Documents, coordination efforts and issues requiring the City's involvement and necessary reviews.
t? | RFP 2O14-2s3-YG
47
MIAMIBEACH
The maximum design and construction time for the Prolect ("Maximum Allowable Contract Time') shall not
exceed two hundred and forty (240) calendar days as per the "Design Criteria" document. ln this Project
Approach section, the Proposer is to demonstrate the ability to meet or reduce the estimated Maximum
Allowable Contract Time.
At a minimum, the Preliminary Project Schedule must address the following milestones and activities:
2.8.1 Design Schedule & Submittals
2.8.2 Design Phase Reviews by the City - Assume 4 weeks
2.8.3 Communitylnvolvement
2.8.4 Permitting
2.8.5 UtilityCoordination/Relocation
2.8.6 Start of Construction
2.8.7 Major Construction Activities and Phasing
2.8.8 Final Completion Date for all Work.
2.9 (TAB11) RiskAssessmentPlan(RAP): Thepurposeof theRiskAssessmentPlan(RAP) istocapturethe
contractor's ability to preplan (identify the risks that the contractor may not directly control and that may
negatively impact the project's cost and schedule, as well as the clienfs expectations of quality and
performance). ThedescriptionoftherisksidentifledintheRAPshouldnothaveanyadditional costortime,but
are risks that the contractor will try to minimize. The format for submitting the RAPI/AS is as follows.
2.9.1 List and prioritize major risk items or decisions to be made that are unique to this prolect. This includes
items that may cause the project to not be completed on time, not finished within budget, generate any
change orders, or may be a source of dissatisfaction for the City.
2.9.2 Explain how risk will be avoided / minimized. lf the contractor has a unique method to minimize the
risk, it should be clearly explained.
2.9.3 Propose any options that could increase the value (expectation or quality) of their work. List any value-
added alternates that the contractor is bringing to the prgecl
2.10(TAB 11)Bid Bond -Appendix C.
2.11(TAB 11) Cost Tender Form - Appendix D: Proposal packages must include a sealed envelope with Cost
Tender Form - Appendix E. Proposal Tender Forms must be properly executed by authorized officers of the
proposing company.
2.12(TAB 12) Required Forms - Appendix F: Submit all forms included in Appendix F, Required Forms,
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20 | RFP 2Ot4-2s3-YG
48
MIAMIBEACH
OO4O5. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES:
Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage
method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE T0 THE CITY by
virtue of this construction as part of the Contract is as follows:
The City of Miami Beach will require occupational licenses for Contractors as well as sub.contractors.
Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other
governmental entities are not included in the above list, but are listed as attached (next page) and included
as an allowance in the proposal.
1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days
of notification of intent to award.
1, Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes.
NOTE: a) lf the Contractor is a State of Florida Certified Contractor the followinq will be required:
1) Copy of State Contractors Certification2l Place of Business Occupational License3) Liability and Property Damage lnsurance Certificate made to City of Miami Beach4) Workers compensation or the exemption
b)lf a Dade Countv Licensed Gontractor:
1) Dade Certificate of Competency in the Discipline Licensed2) MunicipalContractorsOccupationalLicense
3) Liability and Property damage lnsurance Certificate made to City of Miami Beach4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPOMTE CERTIFICATES WITH
YOUR PROPOSAL RESPONSE
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2l I RFP 2014-2s3-YG
49
MIAMIBEACH
CITY OF MIAMI BEACH
CAPITAL IMPROVEMENTS PROGRAM
REQUEST FOR PROPOSALS (RFP) No. 2014-253-YG
DESIGN/BUILD SERVICES FOR CENTML BAYSHORE SOUTH
RIGHT.OF.WAY INFRASTRUCTU RE IMPROVEMENTS
Note: The Proposer shall obtain and pay for all permits required for execution of the work; provided
however, that the Gity will waive Public Works Department Right-of-Way permit fees.
PERMITS
r. MTAMT.DADE CoUNTY DEPARTMENT OF REGULATORY AND ECONOMTC RESOURCES (RER)
(formerly DERM).. Class ll Surface Water Permit. Class V Dewatering Permit
. Drainage Well Permit. File Notice of commencement with SFWMD and RER
il. FLORTDA DEPARTMENT 0F ENVTRONMENTAL PROTECTTON (FDEP)
o Notice of lntent to Use Generic Permit for Storm Water Discharge from Large and Small
Construction Activities
. National Pollutant Discharge Elimination System (NPDES) permit
III. MIAMI.DADETRAFFICENGINEERINGDEPARTMENT
IV. MIAMI.DADE WATER AND SEWER DEPARTMENT (WASD)
v. FLORTDA POWER AND L|GHT (FPL)
VI. CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENT. ROW Permit - Fee to be waived.o Building Department - Plumbing, Structural, Electrical - Fees to be waived with the exception of
Dade County fees
. Notice of Commencement Permit
vil. s0uTH FLoRTDAWATER MANAGEMENT DtSTR|CT (SFWMD)
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u I nre 2ot4-zs3-YG
50
APPENDIX A
g MIAMIBEACH
Proposol Certificotion,
Questionnoire &
Req uire ments Affid ovit
RFP 201 4-253-YG
DESIGN/BUILD SERVTCES FOR 54"
REDUNDANT SE\VER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Cenler Drive
Miomi Beoch, Florido 33139
es I nre 2014-2s3-YG
51
Solicitation No:
2014-253-YG
Solicitation Title:
DESIGN/BUILD SERVICES FOR 54" REDUNDANT SEWER FORCE
MAIN
Procurement Contactl
Alex Denis
Tel:
305-673-7490
Email:
adenis@miamibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certillcation, Questionnaire and Requirements Affldavit Form is to inform prospeclive Proposers of
certain solicitation and conlractual requirements, and to collect necessary information from Proposers in order that certain portions of
responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal
Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proposer lnformation.
FIRM NAME:
No of Years in Businessl No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRJ\4 PR'IVARY ADDRESS (HEADQUARIERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO,:
FM NO.l
FIR[4 LOCAL ADORESS:
ctry:
STATE:ZIP CODE:
PRII\4ARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEIVIENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EN4AIL:
FEDERAL TAX ]DENTIFICATION NO,:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, llnancial information, or any information the City deems
necessary to evaluate lhe capacity of the Proposer to perform in accordance with contract requirements,
241 RFP 2014-253-YG
52
2.
2
Miami Beach Based (Local) Vendor. ls Prqpglg1claiming Miami Beach based firm status?[--l vrs I--l uo
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt
issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-
3747,to demonstrate that the Proposer is a Miami Beach Based Vendor.
Veteran Owned Business. ls Proposer claiminq a veteran owned business status?[--l yes [-l r'ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of
Florida or United States federal government, as required pursuant to ordinance 2011-3748.
Conflict 0f lnterest. All Proposers must disclose, in their Proposal, the name(s) of any oflicer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach.
Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest
of ten (10%) percent or more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, directol agent, or immediate
family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers
must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the Proposer entity or any of its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has
completed work similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: Foreach reference submitted, the following information is required: 1)Firm Name, 2)
Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanative on Scope of Services
Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to nqn-performance by any public sector agency?l _] vgs f--l r'ro
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons
that led to action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the
event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest
indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
Gode of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a
minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
4.
o.
A
7.
25 | RFP 2014-253-YG
53
8.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of
Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenU.
Living Wage. Punsuant to Section 2408 of the Miami Beach City Code, as same may be amended from time to time,
Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living
wage rates listed below:r Commencing with City flscal year 2012-13 (October 1,2012), the hourly living rate will be $11.28/hr
with health benefits, and $12.92/hr without benefits.
The living wage rate and health care beneflts rate may, by Resolution of the City Commission be indexed annuallyfor
inflation using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labods Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it
determines it would not be fiscally sound to implement same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the
City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on
the Living Wage requirement is available at www.miamibeachfl.gov/procuremenU.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this aflidavit document,
Proposer agrees to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over $100,000 whose contractors maintain 5'l or more full lime employees
on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to
competitive proposals, to provide 'Equal Benefits" to their employees with domestic partners, as they provide to
employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the
City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of
Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach.
A, Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?I lves [-_l r,ro
Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic
partners* or to domestic partners of employees?
[-_-] vrs [_-l r,ro
Please check all beneflts that apply to your answers above and list in the "othe/' section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical
Leave
Bereavement
Leave
9.
B.
26 | RFP 2014-2s3-YG
54
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e,9., there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable
Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed
Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures
Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the
City Manageds decision is final. Further information on the Equal Benelits requirement is available at
www. miamibeachfl .gov/procuremenU,
10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from lime to time,
states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a proposal, Proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a proposal, Proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit proposals, Proposals, or replies on leases of real property to a public
entjty; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity; and may not transact business with any public entity in excess of the threshold amount provided
in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on
convicted vendor Iist.
11. Have you ever failed to complete any work
f-_-] ves
work that the proposer failed to complete?
f_-l vrs
awardedt:]to you? lfso, where and why?
NO
SUBMITTAL REQUIREMENT: lf yes, submit information on projecl, agency, agency contact and reason why
contractor failed to complete work.
12. Has a surety company ever intervened to assist a govemmental agency or other client of the proposer in completing
[_-l r.ro
13.
SUBMITTAL REQUIREMENT: lf yes, submit owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety has intervened to assist in completion of
the prolect, whether or not a claim was made.
Bankruptcy. Has the Proposer filed any bankruptcy petitions (voluntary or involuntary) which have been flled by or
against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years, lnclude in
the description the disposition of each such petition.
l-_l yEs f -l ruo
SUBMITTAL REQUIREMENT; lf yes, list and describe all bankruptcy petitions (voluntary or involuntary) which have
been flled by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5)
years, lnclude in the description the disposition of each such petition,
Litigation History. Has Proposer or any principal or employee of the Proposer (relating to professlonal endeavors
only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the
Proposer or its predecessor organization(s) during the last five (5) years.
f-_l vEs f-_-] trto
SUBMITTAL REQUIREMENT: lf yes, list all case names, case, arbitration or hearing identification numbers; the name
of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome oI
the claim.
14.
2? I RFP 2Ot4-253-vG
55
'15.
'16.
Has the Corporation, Oflicers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole
Proprietorship ever been indicted, debaned, disqualified or suspended from performing work for the Federal
Govemment or any State or Local Government or subdivision or agency thereof?[--l ves [--l r'ro
SUBMITTAL REQUIREMENT: lf yes, list the speciflc cases and the charging agency.
Principals. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial
interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the
outstanding capital stock in any corporation or a direct or indirect interest of 1070 or more in a firm. The term "firm" shall
mean any corporation, partnership, business kust or any legal entity other than a natural person.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive
to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum
released by the City pursuantto this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in Proposal disqualification.
lnitialto
Confirm
Receipt
lnitial to
Confirm
Receipt
lnitial to
Confirm
Receipt
Addendum 1 Addendum 6 Addendum
11
Addendum 2 Addendum 7 Addendum
12
Addendum 3 Addendum 8 Addendum
13
Addendum 4 Addendum 9 Addendum
14
Addendum 5 Addendum
10
Addendum
15
lf additional coniirmation of addendum is required, submit under separate cover.
Remainder of Page lntentionally Left Blank.
17.
2S I RFP 2014-2s3-YG
56
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or relusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may
determine the qualificalions and acceptability of any party or parties submitting Proposals in response to this solicitation,
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating lo the Proposal and the applicanl including, wilhout limitation, the applicanfs affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discrelion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is lhe responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its conlent, its accuracy, or its completeness. No wananty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selectron and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole rlsk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the markel without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modifled, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuanl to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in{he-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records,
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information conlained in the Proposal, and authorizes the release lo the City of any and all information sought in such inquiry or investigation.
Each Proposer certifles that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
informalion, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a flnal unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000,00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of thrs Disclosure and Disclaimer which
imposes no liability on the City.
ln lhe event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicilation shall be
governed by and construed in accordance with the laws ofthe State of Florida,
2? | RFP 2014-253-YG
57
I hereby certify that l, as an authorized agent of the Proposer, am submitting the following information as my flrm's
Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged,
discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any
other Proposal, Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal,
inclusive of the Ouestionnaire and Affidavit are true and accurate
Name of Propose/s Authorized Representative:Title of Proposeis Authorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of FLORIDA )
)
On this _day of _,20_, personally
appeared before me who
County of _) stated that (s)he is the
a corporation, and that the instrument was
signed in behalf of the said corporation by authority of iis board of
directors and acknowledged said instrument to be lts voluntary act
and deed. Before me:
of
30 | RFP 2ot4-253-YG
58
APPEN DIX B
AM BEACH
"No Bid" Form
RFP 201 4-253-YG
DESTGN/BUILD SERVTCES FOR 54"
REDUNDANT SEWER FORCE MAIN
,n
:M
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch, Florido 33139
ot I nre zo14-2s3-Yc
59
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TND|CATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Gompany Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
PROPOSAL #2014-253-YG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
32 I RFP 2O14-2s3-YG
60
APPENDIX C
&
':MIAMIBTACH
Bi,C Bond Form
RFP 2014-253-YG
DESTGN/BUTLD SERVTCES FOR 54"
REDUNDANT SEV/ER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch. Florido 33139
eo I nre 2ot4-2s3-YG
61
MIAMIBEACH
KNOW ALL PERSONS BY THESE
That we,
PRESENTS:
of as PRINCIPAL,
and as SURETY(S),
are hereby held and firmly bound unto the City of Miami Beach, Florida in the penal sum of:
(numerical figure) I (written)
for the payment, whereof, the said PRINCIPAL and SURETY(S) bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the PRINCIPAL is herewith submitting to
the City of Miami Beach, Florida, hereinafter called the CITY, its sealed proposal for a contract
for:
Design/Build Services For Central Bayshore South
Ri ght-Of-Way I nfrastructure I mprovements
RFP 2014-253-YG
NOW THEREFORE, the conditions of this obligation are such ihat, if said proposal is rejected by
the CITY, or if said proposal is accepted by the CITY and the PRINCIPAL shall enter into a
contract in the form specified by the CITY in accordance with the terms of the proposal and shall
furnish a bond for the faithful performance of said contract in the form specified by the CITY, this
obligation shall be null and void. Otherwise it shall remain in full force and effect.
ln the event that the said proposal is accepted by the CITY and the PRINCIPAL shall fail to enter
into the contract as defined herein or shall fail to furnish the performance bond as noted above
within ten (10) days of the approval of the award, the PRINCIPAL and SURETY(S) agree to forfeit
to the CITY the penal sum herein mentioned, it being understood that the liability of the
SURETY(S) shall in no event exceed the penal sum of this obligation.
IN WRFPESS WHEREOF,
the above bounded parties have executed this instrument under their several seals this
day of 20 . the name
and corporate seal of each party being hereto affixed and these presents duly signed by its
undersigned representative pursuant to authority of its governing body.
PRINCIPAL SURETY
of
ByBy
3{ | RFP 2014-2s3-YG
62
APPENDIX D
g MIAMIBTACH
Cost Tender Form
RFP 201 4-253-YG
DESTGN/BUILD SERVTCES FOR 54"
REDUNDANT SE\VER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch, Florido 33,l39
This Cost Tender Form is to be provided in a sealed
envelope submitted with the Proposal and received bv
the Citv on or before the deadline for receipt of
Proposals.
as I nre 2oi4-2s3-YG
63
APPENDIX D - COST TENDER FORM
Section 1 - Certification. The undersigned, as Proposer, hereby declares that the only
persons interested in this proposal as principal are named herein and that no person other than
herein mentioned has any interest in this proposal or in the Contract to be entered into; that this
proposal is made without connection with any other person, firm, or parties making a proposal;
and that it is, in all respects, made fairly and in good faith without collusion or fraud.
The Proposer further declares that it has examined the site of the Work and informed itself fully
of all conditions pertaining to the place where the Work is to be done; that it has examined the
Contract Documents and all addenda thereto furnished before the opening of the proposals, as
acknowledged below; and that it has satisfied itself about the Work to be performed; and all
other required information with the proposal; and that this proposal is submitted voluntarily and
willingly.
The Proposer agrees, if this proposal is accepted, to contract with the City, a political
subdivision of the State of Florida, pursuant to the terms and conditions of the Contract
Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus,
means of transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
RFP 2014-253-YG
DESIGN/BUILD SERVICES FOR 54'REDUNDANT SEWER FORCE MAIN
The Proposer also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total proposal
price plus alternates, if any, provided in the RFP Price Form in Seclion 00408 and to furnish the
required Certificate(s) of I nsurance.
ln the event of arithmetical errors between the division totals and the total base proposal in the
RFP Price Form, the Proposer agrees that the total base proposal shall govern. ln the event of
a discrepancy between the numerical total base proposal and the written total base proposal,
the written total base proposal shall govern. ln absence of totals submitted for any division cost,
the City shall interpret as no proposal for the division, which may disqualify the Proposer.
Name of Proposeis Aufiorized Representative:Tile of Proposeis Authorized Representative:
Signature of Proposefs Authorized Representafve:Date:
State of FLORIDA On this _day ol _,20_, personally
County of
appeared before me
stated that (s)he
a corporation, and that the instrument was signed in behalf
of the said corporation by authority of its board of directors and acknowledged
said instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
is the
My Commission Expires:
64
Section 2 - GUARANTEED MAXIMUM PRICE (GMP) FORM
RFP 20r 4-253-YG
DESIGN/BUILD SERVICES FOR 54" REDUNDANT SEWER FORCE MAIN
ANY LETTERS, ATTAGHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED
PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE.
WRITTEN TOTAL:
PROPOSER (Print):
ADDRESS:
1 Professional Services
2 General Gonditions
3 Pavement and Streetscape Construction
4 Water and Sewer Construction
5 Stormwater Collection and Disposal Facility Construction
6 Allowance: Permit Fees $50,000.00
7 Gonsideration for lndemnification of City $2s.00
I Gost for compliance to all Federal and State requirements
of the Trench Safetv Act $25.00
Grand Total
(numerical value)
CITY/STATE:ZIP:,
FEDERAL I.D. #:
NAME/TITLE OF REPRESENTATIVE (Print):
SIGNED:
(l certify that I am authorized to execute this proposal and commit the proposing firm)
e7l RFP 2014-253-YG
65
APPENDIX E
g MIAMIBTACH
I nsuronce Req uirements
RFP 2014-253-YG
DESICN/BUtLD SERVTCES FOR 54"
REDUNDANI SEWER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convenfion Cenier Drive
Miomi Beoch, Florido 33139
oa ! nre 2ol4-2s3-YG
66
g MIAAAI BEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the conkactor is required to
maintain throughout the term of he conlract and any renewal periods.
1. Workers' Compensalion and Employer's Liability per the Statutory limits of the state of Florida.
2. Comprehensive General Liability (occurrence form), limits of liability [|!QQQ@Q! per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Conhactual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exaclly as written in "insurance requirements" of specifications).
3. Automobile Liability - $1,000,000 each occunence - owned/non-owned/hired automobiles included.
4. Excess Liability - $_TBD_.00 per occunence to follow the primary coverages.
5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
6. Other Insurance as indicaled:
_ Builders Risk completed value g_ TBD _.00_ Liquor Liability $_ TBD _.00
_ Fire Legal Liability $_ TBD _.00
_ Protection and lndemnity $_ TBD _.00_ Employee Dishonesty Bond $_ TBD _.00
_ Other $_ TBD _.00
7. Thirty (30) days written cancellation notice required.
8. Best's guide rating B+:Vl or better, latest edjtion.
9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to
the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
3? I RFP 2Ot4-253-YG
67
APPENDIX F
&
:MIAM}BEACH
Required Forms
RFP 201 4-253-YG
DESIGN/BUtLD SERVICES FOR 54"
REDUNDANT SEV/ER FORCE MAIN
PROCUREMENT DIVISION
I /00 Convenlion Center Drive
Miomi Beoch, Florido 33139
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68
FORM OO52O. SUPPLEMENT TO PROPOSAL TENDER FORM NON-COLLUSION
CERTIFICATE
Submitted this day of
The undersigned, as Proposer, declares that the only persons interested in this proposal
are named herein; that no other person has any interest in this proposal or in the
Contract to which this proposal pertains; that this proposal is made without connection or
arrangement with any other person; and that this proposal is in every respect fair and
made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP 2014-253-YG.
SlGNATURE
PRINTED NAME
T|TLE (rF CORPORATTON)
20
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FORM OO53O. DRUG FREE WORKPLACE CERTIFICATION
The undersigned Proposer hereby certified that it will provide a drug-free workplace
program by:
(1) Publlshing a statement notifying its employees that the unlaMul manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:(i) The dangers of drug abuse in the workplace;(ii) The Proposer's policy of maintaining a drug-free workplace;(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:(i) Abide by the terms of the statement; and(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or othenruise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:(i) Taking appropriate personnel action against such employee, up to and
including termination; or(ii) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal,
state, or local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1 ) through (6).
SIGNATURE
PRINTED NAME
TITLE (rF CORPORATTON)
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70
FORM OO54O. SUPPLEMENT TO PROPOSAL TENDER FORM TRENCH SAFETY
ACT
On October 1 , 1990 House Bill 3181 , known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised
excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Proposer, by virtue of the signature below, affirms that the Proposer is aware of this
Act, and will comply with all applicable trench safety standards. Such assurance shall be
legally binding on all persons employed by the Proposer and subcontractors.
The Proposer is also obligated to identify the anticipated method and cost of compliance
with the applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL PROPOSAL PRICE ARE COSTS FOR COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF
THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID
SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH PROPOSAL ITEMS IN
THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
The Proposer further identified the costs and methods summarized below:
SIGNATURE
PRINTED NAME
TITLE (rF CORPORATTON)
Description Quantity U/M Unit Price Extended
Price
Total
(Attach lines as necessarv.)
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APPENDIX G
g MIAMIBEACH
Somple Controct
RFP 201 4-253-YG
DESTGN/BUILD SERVTCES FOR 54"
REDUNDANT SE\^/ER FORCE MAIN
PROCUREMENT DIVISION
I 700 Convention Center Drive
Miomi Beoch, Florido 33,l39
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NOTE: THE FOLLOWING AGREEMENT lS INCLUDED lN THIS RFP FOR EXAMPLE
PURPOSES ONLY. THE CITY RESERVES THE RIGHT OT NEGOTIATE, ANY OR ALL
TERMS AND GONDITIONS HEREIN, INCLUDING, WITHOUT LIMITATION, THE !NCLUSION
OF ADDITIONAL TERMS AND CONDITIONS.
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
'lor
DESIGN/BUILD SERVICES
FOR
This is an Agreement (the "Agreement") between the CITY OF MIAMI BEACH, FLORIDA, a not
for profit corporation of the State of Florida, its successors and assigns, hereinafter referred to
as "ClTY."
AND
its successors and assigns, hereinafter referred to as "DESIGN/BUILD FlRM."
WRFPESSETH, in consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set fo(h, CITY and DESIGN/BUILD FIRM agree as follows:
ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and provisions
which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true
and correct and are agreed upon by the parties.
Whenever the following terms or pronouns in place of them appear in this Agreement the intent
and meaning shall be interpreted as follows:
1.00 Applicable Laws: All federal, state, county, and local statutes, codes, laws, rules,
regulations, ordinances, orders and standards applicable to the Project and any other such law
hereafter enacted, and any rules adopted pursuant thereto, as all such laws may be amended
from time to time to perform the Work
1.01 Change Order: To the extent permitted under this Agreement, a fully executed written
documenl authorizing a change in the Contract Price or Contract Time or a material change in
the Work.
1.02 City: The CITY (or Owner) shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
73
33139, which is a party hereto and/or for which this Contract is to be performed. ln all respects
hereunder, CITY's performance is pursuant to CITY's position as the owner of a construction
project. ln the event CITY exercises its regulatory authority as a governmental body, the
exercise of such regulatory authority and the enforcement of any rules, regulations, laws and
ordinances shall be deemed to have occurred pursuant to CITY's regulatory authority as a
governmental body and shall not be attributable in any manner to CITY as a party to this
Contract.
1.03 City Commission: City Commission shall mean the governing and legislative body of the
CITY.
1.04 City Manager: City Manager shall mean the Chief Administrative Officer of the CITY.
1.05 Construction Documents Phase: The phase in which DESIGN/BUILD FIRM will consult
with the Contract Administrator and prepare the Construction Documents for the Project, based
upon the DCP, for review and approval of the CITY (including, without limitation, any and all
applicable CITY departments) and any applicable regulatory agencies.
1.06 Construction Manager: The Construction Manager is the authorized individual or firm
which is the representative of DESIGN/BUILD FIRM who will administer/manage the
construction effort on behalf of the DESIGN/BUILD FIRM.
1.07 Construction Manager Representative: An authorized representative of Construction
Manager assigned to the Project site to perform those services detailed in Article 17.
1.08 Construction Phase. The phase of services which constitutes DESIGN/BUILD FIRM's
administration of the construction of the Project and all activities necessary for the completion of
the Project.
1.09 Consultant: The registered architect, professional engineer, professional land surveyor,
civil engineer, architect and/or registered landscape architect who has contracted with or who is
employed by DESIGN/BUILD FIRM to provide professional services for the design of the Project
and who is licensed by the State of Florida to provide said services
1.10 Contract: This Agreement and all addenda, exhibits and amendments thereto between
the CITY and the DESIGN/BUILD FIRM for this Project, all as defined herein. Contract shall
also mean the same as Agreement.
1.11 Contract Administrator: The CITY's Capital lmprovement Projects Office Director, or his
designee, shall be designated as the Contract Administrator for matters concerning the
Agreement.
1.12 Contract Documents: This Agreement, as approved by the Mayor and City Commission,
pursuant to and subject to the conditions of City Resolution No. 2013-xxxxx, and executed by
the Mayor and City Clerk, and any addendums, exhibits or amendments thereto; Change
Orders; the performance bond and payment bonds; the DCP; the Construction Documents,
including but not limited to, Plans and Specifications (as approved and permitted) as prepared
by the DESIGNiBUILD FIRM in general accordance with the DCP, computerized Critical Path
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Method (CPM) Project Schedule and Schedule of Values; and any additional documents the
submission of which is required by this Agreement. When reference is made in the Contract
Documents to publications, standards or codes issued by associations or societies, the intent
shall be to specify the current or adopted edition of such publication or standard including
revision and effect on the date of the issuance of all applicable permits.
1.13 Contract Time: The original time between Project commencement and Project
completion, including any milestone dates thereof, established in Article 6 of the Contract, as
may be amended by Change Order.
1.14 Contract Price: The Guaranteed Maximum Price agreed to between DESIGN/BUILD
FIRM and the CITY. The Contract Price is not subject to increase, except as expressly allowed
within the Contract Documents.
1.15Design/BuildFirm:-,itssuccessorsandassigns,istheDESlGN/BUlLD
FIRM selected to perform the Work pursuant to this Agreement, and is the person, firm or
corporation liable for the acceptable performance of, and payment of all legal debts pertaining
to, the Project. All references in the Contract Documents to third parties under contract or
control of DESIGN/BUILD FIRM shall be deemed to be a reference to DESIGN/BUILD FIRM.
The DESIGN/BUILD FIRM will be responsible for the provision, installation, and performance of
all equipment, materials, and services offered. The DESIGN/BUILD FIRM is in no way relieved
of the responsibility for the performance of all equipment furnished.
1.16 Design Criteria Package (DCP): DCP shall mean those certain conceptual plans and
specifications and performance oriented drawings or specifications of the Project, as prepared
and sealed by the Design Criteria Professional, and in compliance with the requirements of
Section 287.055, Florida Statutes.
1.17 Design Criteria Professional: Design Criteria Professional shall mean the individual or
entity who/which holds a current certificate as a regislered engineer under Chapter 471 to
practice engineering and who is employed by or retained by the CITY to provide professional
services in compliance with the requirements of Section 287.055, Florida Statutes, and in
connection with the preparation of the DCP; who shall review and provide recommendations
regarding the Construction Documents prepared by the DESIGN/BUILD FIRM for the Project;
and evaluate compliance of Prolect construction with the DCP.
'l .18 Field Order: A written order issued by the Contract Administrator or Project Manager
which orders minor changes in the Project but which does not involve a change in the Contract
Price or Contract Time or a material change in the Work.
1.19 Final Completion: The date certified by the Project Manager or the Design Criteria
Professional that all conditions of the permits and regulatory agencies have been met; all
construction, including corrective and punch list work, has been performed; all administrative
requirements of the Contract Documents have been completed; and CITY has received from
DESIGN/BUILD FIRM all necessary documentation, as deemed by the CITY, including but not
limited to the following: all final releases of liens, consent of surety, release of claims by
DESIGN/BUILD FIRM, corrected as-built drawings, a final bill of materials, executed final
adjusting Change Order, final invoice, "before and after" electronic DVD's (including, without
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limitation, electronic DVD's of stormwater lines and outfalls within the Project limits), copies of
pertinent test results, correspondence, warranties, guarantees, operational manuals, spare
parts, service contracts and tools.
1.2O IntentionallyDeleted].
1.21 Contractor:, its successors and assigns (the DESIGN-BUILD FIRM) shall
also be the general contractor which shall perform the Work pursuant to this Agreement.
1.22 Hazardous Materials: As used in this Contract the term "Hazardous Materials" means
any chemical, compound, material, substance or other matter that:
(a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine,
bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious
material, whether injurious or polentially injurious by itself or in combination with
other materials;
(b) is controlled, referred to, designated in or governed by any Hazardous Materials
Laws;
(c) gives rise to any reporting, notice or publication requirements under any
Hazardous Materials Laws, or
(d) is any other material or subslance giving rise to any liability, responsibility or duty
upon the CITY with respect to any third person under any Hazardous Materials
Law.
1.23 Hazardous Materials Laws: As used in this Contract, the term "Hazardous Materials'
Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders,
regulations or court decisions (including the so called "common law"), including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. 559601 et seq.), the Hazardous Materials Transportation Act, as amended
(49 U.S.C. SS1801 et seq.), and the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 556901 et seq.), relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, environmental conditions on, under or about the Premises,
soil and ground water conditions or other similar substances or conditions.
1.24 Material(s): Material(s) incorporated in this Project or used or consumed in the
performance of the Work.
1,25 GUARANTEED MAXIMUM PRICE: THE MUTUALLY AGREED UPON CONTRACT
PRICE TO BE PAID TO THE DESIGN/BUILD FIRM, AND THAT THE DESIGN / BUILD FIRM
GUARANTEES NOT TO EXCEED, FOR ALL LABOR, EQUIPMENT, AND MATERIALS TO
DESIGN, PERMIT, ADMINISTER, COORDINATE, INSPECT, CONSTRUCT, AND INSTALL
THE PROJECT WTHIN THE GONTRACT TIME. THE GUARANTEED MAXIMUM PRICE IS
NOT SUBJECT TO INCREASE, EXCEPT AS EXPRESSLY ALLOWED WITHIN THE
CONTRACT DOCUMENTS.
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1.26 Notice-to-Proceed: A written document issued by the Contract Administrator informing
the DESIGN/BUILD FIRM to officially begin the Project.
1.27 Plans and Specifications: The official graphic and descriptive representations of the
Project which, upon written approval of CITY, shall become a pa( of the Contract Documents.
1.28 Project: The DESIGN/BUILD FIRM will be responsible for the design, construction and
construction management of the water main, storm water collection/disposal, electrical,
curbigutter, sidewalk, hardscape, and roadway reconstruction for DESIGN/BUILD SERVICES
FOR 54' REDUNDANT SEWER FORCE MAIN project. The Project limits consist of work within
the boundaries defined by W 28th Street to the south, Prairie Avenue to the west, Sheridan
Avenue to the east and W. 34th Street to the north, as well as North Meridian Avenue between
W. 28th Street and Dade Boulevard. A DCP has been prepared by the Design Criteria
Professional and includes and/or references in such DCP, as the case may be, conceptual
construction drawings and technical specifications for the civil engineering and electrical
engineering disciplines. The DESIGN/BUILD FIRM shall obtain all necessary permits for the
construction of the Project including, but not limited to, the following: Miami-Dade Department of
Health, Miami-Dade Department of Environmental Resources Management, Florida Department
of Environmental Protection, South Florida Water Management District, Army Corps of
Engineers, and the CITY's regulatory departments (i.e. Public Works, Fire, Building, etc.).
1.29 Project Manager: An authorized representative of CITY, who may be a CITY employee
or a Resident Project Representative assigned to the Project by the CITY, assigned to make
necessary observations of materials furnished by DESIGN/BUILD FIRM and of the Work
performed by DESIGN/BUILD FIRM as detailed in Subsection 5.06.
1.30 Shop Drawings: Drawings, diagrams and schedules, and other data specially prepared
by the DESIGN/BUILD FIRM or its Subcontractors, sub-Subcontractors, manufacturer, supplier
or distributor to illustrate some portion of the Work.
1.31 Subconsultant: The person or entity who is a registered architect, professional engineer,
professional land surveyor, and/or registered landscape architect having a contract with
Consultant to provide professional services for the design of the Project and who is licensed by
the State of Florida to provide said services.
1.32 Subcontractor: The person or entity having a direct contract with DESIGNiBUILD FIRM
including one who furnishes material worked to a special design according to the Contract
Documents for this Project, bul does not include one who merely furnishes materials not so
worked.
1.33 Substantial Completion: Subject to the requirements of Article 41 , the date(s) certified
by the Contract Administrator that all conditions of the permits and regulatory agencies have
been met for the CITY's intended use of the Project, and all construction has been performed
therein in accordance with the Contract Documents so CITY can fully occupy or utilize, as
opposed to partially occupy or utilize, the Project for its intended purpose. At a minimum, a
Certificate of Substantial Completion is one of the requirements for Substantial Completion.
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1.34 Surety: The suretycompanyor individual which is bound bythe performance bond and
payment bonds with and for DESIGN/BUILD FIRM who is primarily liable and which surety
company or individual is responsible for DESIGN/BUILD FIRM's acceptable performance of the
Work under the Contract and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.35 Utilities: The public or private systems on the Project site for rendering electrical power,
light, heat, gas, water, communication, sewage systems, and the like.
1.36 Work: The completed construction required by the Contract Documents, as permitted,
including all labor necessary to produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 2 GENERAL PROVISIONS
2.01 Generallv: DESIGN/BUILD FIRM hereby agrees to furnish all of the labor, Materials,
equipment, Work, services, and incidentals necessary to perform all of the Work described in
the Contract Documents, and related thereto for the Project, for the Guaranteed Maximum
Price.
2.02 Relationship of CITY and DESIGN/BUILD FIRM: The DESIGN/BUILD FIRM accepts the
relationship of trust and confidence established between it and the CITY by this Agreement.
The DESIGN/BUILD FIRM represents that it will furnish its best skill and judgment in performing
the Work, and shall always act to further the interest of the CITY in the expeditious completion
of the Project at the lowest cost to the CITY, and in strict accordance with the Contract
Documents and prudent and customary construction practices.
By signing this Contract, the DESIGN/BUILD FIRM accepts a fiduciary duty with the CITY and
warrants and represents to the CITY that the DESIGN/BUILD FIRM: (a) has all licenses and
certifications required by Applicable Laws; (b) is experienced in all aspects of pre-construction
and construction planning for projects similar to the Project; (c) will act in the CITY'S highest
and best interests in pedorming the Work; and (d) that no employee or affiliate of the
DESIGN/BUILD FIRM, including all Subconsultants, Subcontractors, and suppliers, at any tier,
has been convicted of a public entity crime, fraud, theft and/or a property damage crime within
the preceding thirty-six (36) months from the time this Contract is executed, pursuant to Section
287.133, Florida Statutes.
2.O3 lntention of CITY: lt is the intent of CITY to describe in this Agreement and the DCP a
functionally complete Project to be designed and constructed in accordance with the Contract
Documents, for the Guaranteed Maximum Price, and in accordance to all Applicable Laws
governing construction of the Prolect. Any Work, services, Materials, or equipment that may
reasonably be inferred from the Agreement and the DCP as being required to produce the
intended result shall be supplied by DESIGN/BUILD FIRM whether or not specifically called for.
When words which have a well-known technical or trade meaning are used to describe Work,
materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any technical society, organization
or associations, or to the laws or regulations of any governmental authority, whether such
reference is specific or by implication, shall mean the latest standard specification, manual,
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code or laws or regulations in effect at the time of issuance of all applicable permits. lf a conflict
exists between two or more referenced standards, the most stringent shall apply. The CITY
shall have no duties other than those duties and obligations expressly set forth within the
Agreement and the DCP.
2.04 PreliminaryMatters:
2.04.01 Within five (5) calendar days prior to the project initiation meeting
described in Subsection 2.04.02, DESIGN/BUILD FIRM shall submit the following to
Project Manager, for Project Manager's review and approval:
2.04.01.01 A CPM Project "Base Line" Schedule, one (1) copy on a
CD, and one (1) hard copy (activities arranged in "waterfall"), in the
indicated form for final review and approval:
( ) Bar Chart
( ) Modified CPMo cPM(X) Computerized CPM using the latest edition of the Primavera
softlvare
(CPM shall be interpreted to be generally as outlined in the Association of
General Contractors (AGC) publication, "The Use of CPM in
Construction.")
DESIGN/BUILD FIRM shall provide a preliminary man loaded, logic
based CPM Project "Base Line" Schedule using "Early Start" and "Early
Finish" dates for each activity. The DESIGN/BUILD FIRM shall include, in
addition to normal work activity input, input that encompasses all
submittal approvals; delivery durations for important materials and/or
equipment; logic relationships of activities, including physical and site
restraints; and shall clearly identify the Project's critical path. This input
shall be precedence based CPM scheduling using the most recent
version of Primavera software. DESIGN/BUILD FIRM shall provide
Proiect Manaqer with a copy of the software.
The preliminary CPM Project "Base Line" Schedule, when submitted,
shall have attached a program-generated error report stating that no
errors exist in the schedule.
DESIGN/BUILD FIRM shall submit monthly, with each requisition for
payment, an update of the CPM Project Schedule (with a program-
generated error report stating that no errors exist in the schedule and that
does not revise the CPM Project "Base Line" Schedule's Substantial
Completion or Final Completion date) showing the progress for the
month. DESIGN/BUILD FIRM SHALL SUBMIT ONE HARD COPY AND
ONE ELECTRONIC COPY. ln addition to the CPM Project "Base Line"
Schedule, DESIGN/BUILD FIRM shall include a narrative report of the
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month's progress, an explanation of any delays and or additions/deletions
to activities.
It is stronqlv recommended that DESIGNiBUILD FIRM hire a seasoned
professional, in the use of Primavera. to develop and update the
Primavera CPM Proiect "Base Line" Schedule.
DESIGN/BUILD FIRM shall attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and,
monthly, be prepared to discuss any:
1) Proposed changes to the CPM Project "Base Line" Schedule
logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) lntegration of changes into the schedule.
The CPM Project "Base Line" Schedule shall be the basis of the
DESIGN/BUILD FIRM's Work and shall be complied with in all respects.
lf the DESIGN/BUILD FIRM's Work becomes more than (30) days behind
schedule DESIGN/BUILD FIRM shall be required to submit a "Make-Up"
schedule to Project Manager, for review and approval, that demonstrates
"Catch Up" within thi(y (30) days. DESIGN/BUILD FIRM shall provide, at
DESIGN/BUILD FIRM's sole expense, the necessary additional labor and
or equipment necessary to make-up the lost time. Failure to provide a
"Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be
reason to default DESIGN/BUILD FIRM.
2.04.01.02 After award, but prior to the submission of the final CPM
Project "Base Line" Schedule, Project Manager, Contract Administrator
and DESIGN/BUILD FIRM shall meet with all utility owners and secure
from them a schedule of utility relocation; provided, however, that CITY
shall not be responsible for non-performance by the utility owners.
2.04.01.03 A preliminary schedule of Shop Drawing submissions; and
2.04.01.04 A preliminary Schedule of Values for all of the Work which
will include quantities and prices of items aggregating the Contract Price
and will subdivide the Work into component parts in sufficient detail to
serve as the basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and profit
applicable to each item of work which will be confirmed in writing by
DESIGN/BUILD FIRM at the time of submission.
2.04.02 At a time specified by Project Manager, but before DESIGN/BUILD FIRM
commences the Work at the Project site, a conference attended by DESIGN/BUILD
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FIRM, Project Manager and others, as deemed appropriate by Contract Administrator,
will be held to discuss the schedules referred lo in Subsection 2.04.01; to discuss
procedures for handling Shop Drawings and other submittals; for processing requisitions
for payment; and to establish a working understanding among the parties as to the
Work.
2.04.03 Within ten (10) Calendar days after the Project lnitiation Date (as set forth
in the first Notice-to-Proceed), a conference attended by DESIGN/BUILD FIRM, Project
Manager and others, as deemed appropriate by Contract Administrator, will be held to
finalize the schedules submitted in accordance with Subsection 2.04.01. Within twenty
(20) days after the Project lnitiation Date (as set forth in the first Notice-to-Proceed), the
DESIGN/BUILD FIRM shall revise the original schedule submittal to address all review
comments from the CPM review conference and resubmit for Project Manager review.
The finalized CPM Project "Base Line" Schedule will be accepted by Project Manager
only as providing an orderly progression of the Work to completion within the Contract
Time, but such acceptance shall not constitute acceptance by CITY of the means or
methods of construction or of the sequencing or scheduling of the Work, and such
acceptance will not impose on the CITY responsibility for the progress or scheduling of
the Work, nor relieve DESIGNiBUILD FIRM from full responsibility therefore. The
finalized schedule of Shop Drawing submissions must be acceptable to Prolect Manager
as providing a workable arrangement for processing the submissions. The finalized
Schedule of Values pursuant to Subsection 2.04.01.03 above must be acceptable to
Project Manager as to form and substance.
2.05 The DESIGNiBUILD FIRM agrees that the Work shall be performed in a good and
professional manner, free from defects in Materials and workmanship, conflicts, and that all
Materials shall be new and approved by and acceptable to the Prolect Manager and Contract
Administrator, except as othenvise expressly provided for in the Contract Documents. The
DESIGN/BUILD FIRM shall cause all Materials and other parts of the Work to be readily
available as and when required or needed for or in connection with the construction, furnishing
and equipping of the Project improvements.
ARTICLE 3 INTENTION OF AGREEMENT
It is the intent of the Agreement and the DCP to describe a functionally complete Project to be
designed and constructed by the DESIGNiBUILD FIRM in accordance with the Contract
Documents and for the Guaranteed Maximum Price. Any Work, Materials, services or
equipment that may reasonably be inferred from the Contract Documents, as being required to
produce the intended result will be supplied whether or not specifically called for. When words
which have a well-known technical or trade meaning are used to describe Work, Materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to
Applicable Laws including, without limitation, reference to standard specifications, manuals or
codes of any technical society, organization or association, or to laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall mean the
standard specification, manual, code, laws or regulations in effect at the time of issuance of all
applicable permits. Applicable Laws that may be changed after a permit is issued may result in
additional compensation should additional Work or services be required on behalf of the
DESIGN/BUILD FIRM.
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ARTICLE 4 CONTRACT DOCUMENTS
4.O1 The Contract Documents shall be followed as to Work, Materials, and dimensions except
when the Contract Administrator may authorize, in his/her sole discretion, and in writing, an
exception.
4.02 Dimensions given in figures are to hold preference over scaled measurements from the
drawings; however, all discrepancies shall be decided upon by the Consultant, with concurrent
written notice to Contract Administrator and Project Manager. DESIGN/BUILD FIRM shall not
proceed when in doubt as to any dimension or measurement but shall seek clarification from the
Consultant, with concurrent written notice to Contract Administrator and Project Manager.
4.03 DESIGN/BUILD FIRM shall maintain four (4) copies of the Contract Documents; two (2)
of which shall be preserved and always kept accessible at the site for the Contract
Administrator, Project Manager, and/or their authorized represenlatives.
4.O4 This Contract incorporates by reference the Contract Documents defined in Subsection
1.12. The following documents listed in Subsection 1.12 have the following order of
precedence, beginning with the most important:
1. This Agreement (Contract) and all exhibits, addendums, and amendments thereto;2. Change Orders (to the extent permitted under this Agreement);3. The Specifications (approved and permitted);
4. The Plans (approved and permitted);
5. The DCP;6. CPM Project Schedule and Schedule of Values.
ARTICLE 5 SGOPE OF WORK
5.01 DESIGN/BUILD FIRM hereby agrees to complete the Project generally described by the
DCP, including furnishing all preliminary study designs, drawings and specifications, job site
inspection, administration of construction, engineering, architecture, landscape architecture, and
land surveying services, labor, malerials, equipment and other services necessary to perform all
of the Work described in the Contract Documents, to be prepared by the DESIGNiBUILD FIRM,
including drawings and addenda thereto for the construction of the Project, to be constructed in
accordance with the requirements and provisions of said Contract Documents and for the
Guaranteed Maximum Price.
5.02 DESIGN/BUILD FIRM agrees to meet with Contract Administrator and/or Project
Manager or their designees at reasonable times and with reasonable notice.
5.03 Prior to the Final Completion of construction services under this Agreement, and as a
condition precedent to final payment, there shall be established a record set of Plans and
Specifications, on CD Rom, non-compressed, formatted in the latest version of AutoCAD, which
shall bear the approvals of DESIGN/BUILD FIRM and Contract Administrator. Such approval
shall be indicated by the written signature of both parties. ln addition, prior to the
commencement of construction services under this Agreement, DESIGN/BUILD FIRM shall
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submit to the Contract Administrator a CPM Project "Base Line" Schedule, and such other items
as required in Subsection 2.04.03, for the planning and execution of the Construction Phase of
the Project, for prior written approval by Project Manager.
5.04 DESIGN/BUILD FIRM herein represents that Construction Manager, at a minimum, will
provide the following services:
5.04.01 At least thirty (30) days prior to the commencement of the Construction
Phase of the Project, the DESIGN/BUILD FIRM will identify and provide the
qualifications of a suitably qualified and experienced Construction Manager who will be
full time, on site at the Pro.1ect.
5.04.02 DESIGN/BUILD FIRM will use reasonable efforts to have the same
Construction Manager on the Project full time to its conclusion, and any new
representative will first be approved in writing by Contract Administrator before
permanent assignment. Approval shall not be unreasonably withheld.
5.04.03 The Construction Manager will conduct weekly on-site meetings with the
Contractor and its Subcontractors at regular times, as previously agreed upon and
approved by the Project Manager, and shall issue weekly reports on the progress of the
Work and the minutes of the previous meeting.
5.04.04 Construction Manager will administer the Contractor's Work.
5.04.05 The Construction Manager shall maintain and monitor the CPM Project
Schedule, subject to Project Manager's prior written approval, and implement updates as
required.
5.04.06 The Construction Manager shall coordinate the processing of shop
drawings and material submittals.
5.04.07 The Construction Manager will endeavor to achieve satisfactory
performance by Contractor and, if required, will require corrections to Contractor's Work
including, but not limited to, maintaining punch lists and observing testing.
5.04.08 The Construction Manager will monitor the cost of the Project, including
payment applications and the preparation thereof.
5.04.09 The Construction Manager will assist in the preparation of record
drawings, and shall transmit to the Consultant requests for additional information
concerning the design. ln addition, the Project Manager shall be copied on these
requests for monitoring purposes.
5.04.10 The Construction Manager will observe testing and start-up activities of
machinery and utilities.
5.04.11 The Construction Manager will secure all equipment brochures and
warranties from the Contractor.
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5.04.12 The Construction Manager will coordinate the correction and completion
of the Work including that required by the punch list.
5.05 DESIGN/BUILD FIRM herein represents that Consultant, at a minimum, will
provide the following services:
5.05.01 Consultant shall perform all of the architectural and engineering services
necessary to describe, detail and design the Project in accordance with the Contract
Documents.
5.05.02 Consultant shall design the Project so as to comply with Applicable Laws.
5.05.03 Consultant shall prepare the Plans and Specifications, as well as obtain
all required and necessary reviews and approvals (or take other appropriate action
upon) for same, and/or other submittals including, but not limited to, shop drawings,
product data, and samples.
Consultant shall also submit the Plans and Specifications to the Design Criteria
Professional, with a copy to Contract Administrator, for his/her review and written
approval. Design Criteria Professional shall expeditiously review and approve the Plans
and Specifications in accordance with the accepted Project Schedule. Design Criteria
Professional's approval of the Plans and Specifications shall not constilute acceptance
of any design work which does not comply with Applicable Laws, the DCP, and/or with
the terms of this Contract. Except as provided in, and to the extent limited by, the
preceding sentence, the approval of the Plans and Specifications by the Design Criteria
Professional, shall constitute a representation by the Design Criteria Professional that
the Project, if constructed as required by the Contract Documents, will be sufficient for its
purposes. The Plans and Specifications shall include technical drawings, schedules,
diagrams, and specifications setting forth in detail the requirements for construction of
the Prolect; provide information necessaryfor the use of Contractor, Subcontractors, and
those in the building trade; and include documents necessary for regulatory agency and
other governmental approvals.
5.05.04 Consultant shall prepare construction change directives, if necessary, at
no additional cost to CITY, and authorize minor changes in the Work, as provided in the
Contract Documents.
5.05.05 Consultant shall receive and review for compliance with the Contract
Documents all written warranties and related documents required hereby to be
assembled upon Substantial Completion and issue Applications for Payment performed
in compliance with the requirements of the Contract Documents;
5.05.06 The approved and permitted Plans and Specifications, shall constitute a
representation by Consultant to CITY that the Project, if constructed as required by the
Contract Documents, will be sufficient for its purposes. The Plans and Specifications
shall include technical drawings, schedules, diagrams, and specifications setting forth in
detail the requirements for construction of the Project; provide information necessary for
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the use of Contractor, Subcontractors, and those in the building trade; and include
documents necessary for regulatory agency and other governmental approvals.
5.06 Pro.lect Manager will provide the following services:
5.06.01 The Project Manager shall review Applications for Payment and
coordinate the processing thereof with the CITY.
s.06.02 The Project Manager shall monitor the schedule(s).
5.06.03 The Project Manager shall track, log and review all required Project
related documents and subsequently address any and all concerns with DESIGN /
BUILD FIRM.
5.06.04 The Project Manager shall review and observe the Work and testing
thereof for general conformance and compliance with the intent of the DCP.
5.06.05 The Project Manager shall attend all required meetings and maintain
and distribute meeting minutes, with the exception of weekly construction progress
meetings as noted in 5.04.03.
5.06.06 At all times the Project Manager will act as liaison between the parties to
this Agreement, and Contract Administrator.
ARTICLE 6 COMPLETION DATE
6.01 Time is of the essence for the DESIGN/BUILD FIRM'S performance of the Work
pursuant to this Contract. The DESIGN/BUILD FIRM agrees to complete the Work in
accordance with the accepted CPM Project Schedule and to achieve Substantial Completion of
the Work, in accordance with this Contract, and within the Contract Time. DESIGNiBUILD
FIRM acknowledges that failure to achieve Substantial Completion will result in substantial
damages to the CITY, such as loss of beneficial use and/or occupancy of the Prolect.
Completion of the Work shall be achieved no later than thirty (30) calendar days after issuance
of a Certificate of Substantial Completion by the Contract Administrator.
6.02 DESIGN/BUILD FIRM shall be instructed to commence the Work by written instructions
in the form of a Purchase Order issued by the CITY's Procurement Director, and Notices-to-
Proceed issued by the Contract Administrator. As contemplated in subsection 6.02.01 hereof,
and following the issuance of the first Notice-to-Proceed, the City's MAY issue multiple Notices-
to-Proceed for the construction phase of this Contract. DESIGN/BUILD FIRM shall commence
scheduling activities, permit applications, and other preconstruction work within five (5) calendar
days after the Project lnitiation Date, which shall be the same as the date of the first Notice-to-
Proceed. The first Notice-to-Proceed and Purchase Order will not be issued until
DESIGN/BUILD FIRM'S submission to CITY of all required documents and after execution of
the Contract by both parties.
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6.02.01 The CITY may issue phased (i.e. multiple) Notices to Proceed for the construction
phase based on the receipt of permits from the respective regulatory agencies. The
receipt of all necessary permits by DESIGN/BUILD FIRM and review, approval, and
acceptance of the CPM Project Schedule by CITY, in accordance with the technical
specifications, submittal schedule, and Schedule of Values, is a condition precedent
to the issuance of any subsequent Notices-to-Proceed to mobilize on the Project site
and commence with physical construction work. DESIGN/BUILD FIRM shall bear
the responsibility for all re-work, including design and permitting costs, should the
respective regulatory agencies require. Contractor shall submit all necessary
documents required by this provision within twenty-one (21) calendar days of the
issuance of the first Notice{o-Proceed.
6.02.02 The DESIGN / BUILD FIRM shall complete the design and permitting phase within
180 calendar days of the Notice-to-Proceed No. 1.
6.02.03 The DESIGN / BUILD FIRM shall substantially complete the construction phase within
330 calendar days from the first issuance of a Notice-to-Proceed No. 2.
6.03 TIME IS OF THE ESSENCE THROUGHOUT THIS CONTRACT. THE WORK SHALL
BE SUBSTANTIALLY COMPLETED WTTHTN TWO HUNDRED AND FORTY (240)
CALENDAR DAYS FROM THE DATE SPECIFIED IN THE FIRST NOTICE-TO-PROCEED
(t.E. wtTHtN TWO HUNDRED AND FORTY 240) CALENDAR DAYS FROM THE PROJECT
lNlTlATloN DATE), AND COMPLETED AND READY FOR FINAL PAYMENT rN
AGCORDANCE WTH ARTTCLE 8, WTTHTN THTRTY (30) GALENDAR DAYS FROM THE
DATE CERTIFIED BY CONTRACT ADMINISTRATOR AS THE DATE OF SUBSTANTIAL
COMPLETION.
6.04 Upon failure of DESIGN/BUILD FIRM to substantially complete the entire Contract within
the total specified period of time, plus approved time extensions, DESIGN/BUILD FIRM shall
pay to CITY the sum of Three Thousand Five Hundred and 00/100 Dollars ($ 3,500.00) for each
calendar day after the time specified in Article 6 (plus any approved time extensions) for
Substantial Completion on the entire Project. After Substantial Completion, should
DESIGNiBUILD FIRM fail to complete the remaining Work within ten (10) calendar days after
said sixty (60) calendar day period for completion and readiness for final payment,
DESIGNiBUILD FIRM shall pay to CITY the sum of One Thousand Four Hundred and 00/100
Dollars ($ 1,400.00) for each calendar day after said ten (10) calendar day period, for
completion and readiness for final payment. The time frame for liquidated damages shall not
commence and thus shall not be tolled until the Contract Administrator submits the punch list to
the DESIGN/BUILD FIRM. These amounts are not penalties but are liquidated damages to
CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of
precisely ascertaining the amount of damages that will be sustained by CITY as a consequence
of such delay, and both pa(ies desiring to obviate any question of dispute concerning the
amount of said damages and the cost and effect of the failure of DESIGN/BUILD FIRM to
complete the Contract on time.
6.05 CITY is authorized to deduct liquidated damages from monies withheld due to
DESIGN/BUILD FIRM for the Work under this Contract or as much thereof as CITY may, in its
sole discretion, deem just and reasonable. The CITY shall first deduct the liquidated damages
from the monies referenced in Subsection 8.02.
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6.06 DESIGN/BUILD FIRM shall be responsible for reimbursing CITY, in addition to liquidated
damages, for all costs incurred by Project Manager in administering the construction of the
Project beyond the completion date specified above. All such costs shall be deducted from the
monies due DESIGN/BUILD FIRM for performance of Work under this Contract by means of
unilateral credit Change Orders issued by CITY as costs are incurred by Project Manager and
agreed to by Contract Administrator.
ARTIGLE 7 DESIGN/BUILD FIRM'S RESPONSIBILITY
7.01 The parties acknowledge and agree that the DESIGN/BUILD FIRM will be responsible
for the design, construction and construction management of the water main, storm water
collection/ disposal, hardscape, electrical, curbigutter, sidewalk, and road reconstruction scope
of work for the 54" REDUNDANT SEWER FORCE MAIN project. The DCP has been prepared
by the Design Criteria Professional and includes (or references therein as the case may be)
conceptual construction drawings and technical specifications for the civil engineering and
electrical engineering disciplines. The DESIGN/BUILD FIRM shall obtain all necessary permits
for the construction of the Project including but not limited to the following: Miami-Dade
Department of Health, Miami-Dade Department of Environmental Resources Management,
Florida Department of Environmental Protection, South Florida Water Management District,
Army Corps of Engineers, and the CITY's regulatory departments (ie. Public Works, Fire,
Building, etc.).
7.02 DESIGN/BUILD FIRM shall be fully responsible for applying for and securing all permits
and approvals from all governmental authorities having jurisdiction over the Project. All permits
and licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Project by DESIGN/BUILD FIRM pursuant to this Agreement shall be
secured and paid for by DESIGN/BUILD FIRM. lt is DESIGN/BUILD FIRM'S responsibility to
have and maintain appropriate certificate(s) of competency, valid for the Work to be performed
and for all persons working on the Project for whom a certificate of competency is required.
7.03 DESIGN/BUILD FIRM shall be fully responsible for the actions of all its agents, servants,
employees including, but not limited to: the Contractor, Consultant, Subcontractors,
Subconsultants, sub-Subcontractors, sub-Subconsultants, material persons (pursuant to
Chapter 713, Florida Statutes), and any and all other persons working for it in conjunction with
the design and construction of the Project.
7.04 DESIGN/BUILD FIRM shall be fully responsible for all acts or omissions of its
Contractor, Consultant, Subcontractors, Subconsultants, sub-Subcontractors, sub-
Subconsultants, material persons, and any and all other persons working for DESIGN/BUILD
FIRM in conjunction with the design and construction of the Project; any and all persons working
for Contractor, Consultant, Subcontractors or Subconsultant; and any and all persons for whose
acts any of the aforestated may be liable, to the same extent DESIGN/BUILD FIRM is
responsible for the acts and omissions of persons directly employed by DESIGN/BUILD FIRM.
Nothing in this Agreement shall create any contractual relationship between CITY and
Consultant, or CITY and any Subcontractor, Subconsultant, sub-Subcontractor, sub-
Subconsultant, or any other person working either for DESIGNiBUILD FIRM or for any of the
aforestated parties in conjunction with the design and construction of the Project; including,
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without limitation, any obligation on the part of CITY to pay or to see to the payment of any
monies due to any of the aforestated parties.
7.05 DESIGN/BUILD FIRM agrees to bind its Consultant, Subcontractors, and
Subconsultants to the applicable terms and conditions of this Agreement for the benefit of CITY.
7.06 Unless othenvise provided herein, DESIGN/BUILD FIRM shall provide and pay for all
architecture, engineering, landscape architecture, land surveying services, Materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services necessary
for the proper execution and completion of the design and construction of the Project, whether
temporary or permanent, and whether or not incorporated or to be incorporated in the Project.
7.O7 DESIGNiBUILD FIRM shall at all times enforce strict discipline and good order among its
employees, Consultants, Subcontractors and Subconsultants at the Project site, and shall not
employ on the Project any unfit person or anyone not skilled in the work and/or services
assigned to him or her.
7, 08 [ ntentionally omitted]
7.09 DESIGN/BUILD FIRM shall keep itself fully informed of, and shall take into account and
comply with any and all Applicable Laws affecting those engaged or employed in the Project; or
the Materials used or employed in the design and construction of the Project; or in any way
affecting the conduct of the Project; including, without limitation, all such orders and decrees of
bodies or tribunals having any jurisdiction or authority over the same and of all provisions
required by law to be made a part of this Agreement, all of which provisions are hereby
incorporated by reference and made a part hereof. lf any specification or contract for this Project
is in violation of any such Applicable Laws, DESIGNiBUILD FIRM shall forthwith report the
same to the Contract Administrator in writing. DESIGN/BUILD FIRM shall cause all its
employees, agents, Consultant, Subcontractors, Subconsultants, and sub-Subcontractors to
observe and comply with all Applicable Laws.
7.10 ln the event of a change after the issuance of any applicable permit for the Project in any
Applicable Law which in any manner affects the Project, DESIGN/BUILD FIRM shall advise the
Contract Administrator, in writing, and the Contract Administrator may initiate a Changer Order
request to the DESIGN/BUILD FIRM and process a Change Order, the purpose of which shall
be to bring the Project into compliance with such Applicable Law, as amended or enacted.
7.11 DESIGN/BUILD FIRM shall pay all applicable sales, consumer, use and other taxes
required by law. DESIGN/BUILD FIRM is responsible for reviewing the pertinent State statutes
involving State taxes and complying with all requirements.
7.12 CITY shall have the right to inspect and copy, at CITY'S expense, the books and records
and accounts of the DESIGN BUILD/FIRM which directly relate to the Project, and to any claim
for additional compensation made by the DESIGN BUILD/FIRM, and to conduct an audit of the
financial and accounting records of the DESIGN BUILD/FIRM which relate to the Project and to
any claim for additional compensation made by the DESIGN BUILDiFIRM. DESIGN
BUILD/FIRM shall retain and make available to CITY all such books and records and accounts
or portions thereof, financial or otherwise, which relate to the Project and to any claim for a
RFP 20t 4-253-YG
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period of three (3) years following Final Completion of the Project. During the Project and the
three (3) year period following Final Completion of the Project, the DESIGN BUILD/FIRM shall
provide CITY access to its books and records subject to this section upon three (3) business
day's written notice.
7.13 The DESIGN/BUILD FIRM shall perform the Work and complete the Project for the
Guaranteed Maximum Price, in accordance with the Contract Documents, and shall achieve
Substantial Completion of the Work within the Contract Time. Completion of the Work shall be
achieved no later than sixty (60) calendar days after issuance of a Certificate of Substantial
Completion, as referenced by Article 6 of the Contract.
7.14 DESIGN/BUILD FIRM shall furnish efficient business administration, coordination,
management and supervision of the Work and services required to complete the Project, and
shall cooperate with the Project Manager and the Contract Administrator, and their respective
representatives, in furthering the interests of CITY in the expeditious completion of the Project at
the lowest cost to CITY, consistent with the requirements of the Contract Documents and
prudent and customary construction practices.
7.14.01 The DESIGNiBUILD FIRM shall perform the Work, and shall cause
Contractor and Subcontractors to perform the Work, in strict accordance with all
Applicable Laws. By signing this Agreement, the DESIGN/BUILD FIRM represents and
warrants that it is familiar with all Applicable Laws that govern the Work.
7.14.02 lf DESIGN/BUILD FIRM has knowledge that the Contract Documents do
not comply with Applicable Laws, in any respect, the DESIGN/BUILD FIRM shall
promptly notify the Project Manager, in writing, and any necessary changes shall be
adjusted by appropriate revisions. lf the DESIGN/BUILD FIRM performs any Work not in
accordance with Applicable Laws, and without such notice to the Project Manager, the
DESIGN/BUILD FIRM shall assume full responsibility therefore, and shall bear all costs
attributable thereto.
7.14.03 ln the event that Work is deemed by competent authority not to comply
with Applicable Laws, the DESIGN/BUILD FIRM shall bring such Work into compliance
with such Applicable Laws. lf an Applicable Law(s) is enacted after the issuance of an
applicable permit for the Project, and the DESIGN/BUILD FIRM had no reasonable prior
knowledge of such a change to the Applicable Law(s), such change shall be considered
an unforeseeable and unavoidable cost, and the CITY shall approve a Change Order to
bring such Work into compliance with such Applicable Law(s). New interpretations of
existing Applicable Laws shall not be considered an unforeseeable and unavoidable
cost.
7.15 The DESIGNiBUILD FIRM warrants to CITY that it has thoroughly reviewed and studied
the DCP, and has determined that it is in conformance with Applicable Laws, and is complete
and sufficiently coordinated to perform the Work for the Guaranteed Maximum Price and the
Contract Time. DESIGN/BUILD FIRM warrants to CITY that the DCP is consistent, practical,
feasible and constructible. DESIGN/BUILD FIRM further warrants to CITY that the Work
described in the DCP is constructible for the Guaranteed Maximum Price and the Contract
Time.
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THE CITY DISCLAIMS ANY WARRANTY THAT THE DCP, FOR THE PROJECT IS
ACCURATE, PRACTICAL, CONSISTENT, AND / OR CONSTRUCTIBLE.
7.16 The DESIGN/BUILD FIRM accepts the Project site in its observable and/or documented
condition existing at the time of this Agreement, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Project.
By signing this Contract, the DESIGN/BUILD FIRM represents to the CITY that it has: (a) visited
the Project site to become familiar with the conditions under which the Work is to be performed;
(b) become familiar with all information provided (without warranty) by the CITY pertaining to the
Project site; and (c) correlated its observations with the information furnished by the CITY
(without warranty), and the Contract Documents. The DESIGN/BUILD FIRM hereby waives
additional time or compensation for additional work made necessary by observable andior
documented conditions existing at the Project site, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Prolect.
7.17 The DESIGN/BUILD FIRM agrees specifically that no Change Orders shall be required by
the DESIGN/BUILD FIRM or considered by the City for reasons involving conflicts in the
Contract Documents; questions of clarity with regard to the Contract Documents; and
incompatibility or conflicts between the Contract Documents and the existing Project site
conditions including, without limitation, utilities and unforeseen underground conditions. The
DESIGN/BUILD FIRM acknowledges that it has ascertained all correct locations for points of
connection for all utilities required for this Project.
7.18 The DESIGN/BUILD FIRM shall, as may be required for the proper execution and
completion of the Work, secure all necessary permits and revisions thereto, fees, and licenses,
as required by Applicable Laws to complete the Project including, but not limited to, all
necessary utility connection permits and fees.
7.19 The DESIGN/BUILD FIRM shall comply with all conditions of any permits issued by
government authorities.
ARTICLE 8 THE CONTRACT PRICE (GUARANTEED MAXIMUM PRICE)
AND METHOD OF PAYMENT
8.01 The Contract Price is the Guaranteed Maximum Price agreed to by the DESIGN/BUILD
FIRM and CITY under this Contract, payable to complete the Work in accordance with the
Agreement and DCP, and, to the extent permitted by this Agreement, as may be increased or
decreased by Change Order.
8.01.01 The Contract Price for the Project, which is also the Guaranteed
Maximum Price as is specifically defined and delineated in the Design Criteria Package
to this Contract, which is attached and incorporated hereto.
8.0'1.02 !n the event that the DESIGN/BUILD FIRM'S total approved
expenditures for the Project exceed the Guaranteed Maximum Price, the
DESIGN/BUILD FIRM shall pay such excess from its own funds. GITY shall not be
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required to pay any amount that exceeds the Guaranteed Maximum Price and the
DESIGN/BUILD FIRM shall have no claim against the CITY on account thereof.
8.02 METHOD OF BILLING AND PAYMENT
8.02.01 During the Construction Documents Phase, DESIGN/BUILD FIRM may
submit a request for payment monthly based upon percentage of completion of the (final
construction) Plans and Specification. During the Construction Phase, DESIGN/BUILD
FIRM may submit a request for payment thirty (30) calendar days after beginning field
operations, subject to the second Notice-to-Proceed, and every thirty (30) calendar days
thereafter. Payment during the Construction Phase will be based upon percentage of
work completed for each item in the approved Schedule of Values. DESIGN/BUILD
FIRM's requisition for payment shall show a complete breakdown of the Project
components, and the amount due, together with such supporting evidence, as may be
required by the Contract Administrator. At a minimum, the requisition for payment shall
be accompanied by a completed ce(ification of Work; consent of surety in the applicable
amount; list of Subcontractors that performed Work during the payment application
period being submitted; releases of liens from the Contractor for the previous period
being billed; releases of liens from Subcontractors that have performed Work during the
previous billing period unless payment for the previous period has not been received by
the DESIGN/BUILD FIRM; aerials and photographs of the areas of Work for the
applicable billing period; an accepted, updated CPM Project Schedule (as approved);
and back up for all items being billed. The certification of Work will mean compliance by
DESIGNiBUILD FIRM with the approved CPM Project Schedule; that as-built drawings
of improvements are current for the prior period; and Applicable Laws are being met and
complied with. Each requisition for payment shall be submitted in triplicate to the Project
Manager for approval. Payment for Work performed will be made within thirty (30)
calendar days after receipt of a proper requisition for payment, but not more frequently
than once a month (i.e. every thirty [30] days). The Contract Administrator shall verify
completion of the various phases, as noted, and authorize payment accordingly. Should
the Prolect fall behind schedule as indicated in the CPM Project Schedule,
DESIGNiBUILD FIRM shall include a written plan demonstrating how the Final
Completion date shall be maintained.
8.02.02 CITY agrees that it will pay DESIGN/BUILD FIRM within thirty (30)
calendar days of receipt of DESIGN/BUILD FIRM's proper requisition for payment, as
provided above.
8.02.03 Ten percent (10%) of all monies earned by DESIGN/BUILD FIRM shall be
retained by CITY until the Project has obtained Final Completion and been accepted by
CITY, except that upon completion of the Construction Documents Phase and approval
by CITY of the Work performed under such phase, the Contract Administrator may
release the entire amount of the retainage pertaining to the Consultant fees associated
with the Construction Documents Phase. After fifty percent (50%) of the Construction
Phase of the Project has been completed, the Contract Administrator, upon written
request of the DESIGNiBUILD FIRM and written Consent of Surety in support of said
request, may reduce the retainage to five percent (5%) of all monies earned subsequent
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to the Construction Documents Phase. Any interest earned on retainage shall accrue to
the benefit of CITY.
8.02.04 Undisputed amounts remaining unpaid thirty (30) calendar days after
CITY's receipt of DESIGN/BUILD FIRM's proper requisition for payment for conforming
Work shall bear interest at the rate set forth in Section 218.74 (4), Florida Statutes. This
section shall not apply if the CITY has a right to withhold any portion of the payment
under this Agreement.
8.03 Upon receipt of written notice from DESIGNiBUILD FIRM that the Project is ready for
final inspection and acceptance, the Contract Administrator shall, within fou(een (14) calendar
days, make an inspection thereof. lf the Contract Administrator finds the Project acceptable
under the Contract Documents and the Prolect fully performed, a Final Certificate of Payment
shall be issued by the Contract Administrator, over his/her own signature, stating that the Work
required by this Agreement has been completed and is accepted under the terms and
conditions thereof.
8.04 Before issuance of the Final Certificate for Payment, DESIGN/BUILD FIRM shall deliver
to the Contract Administrator a complete release of all liens arising out of this Agreement, or
receipts in full in lieu thereof, and an affidavit certifying that all suppliers, Consultant,
Subcontractors, and Subconsultants have been paid in full, and that all other indebtedness
connected with the Project has been paid, and a consent of the surety to final payment. All as-
builts, warranties, guarantees, operational manuals, and instructions in operation must be
delivered to CITY at this time. Contractor shall submit a completed as-built drawings package
(two (2)full-size (24"x36") and two (2) half-size (11"x17"), to-scale, hard reproducible copies and
two (2) CD Rom non-compressed formatted in the latest version of AutoCAD), signed and
sealed by a land surveyor registered in the State of Florida and as approved by the CITY's
Public Works Department, and proof that all permits have been closed; which shall be delivered
prior to requesting final payment. A Certificate of Occupancy, and/or Certificate of Completion
(CC), will be obtained prior to final payment being made, if required.
8.05 CITY may withhold final payment or any progress payment to such extent as may
be necessary on account of:
8.05.01
8.05.02
Defective Work not remedied.
Claims filed or written notices of nonpayment indicating probable filing of
claims as may be prescribed by law by other parties against DESIGN/BUILD FIRM.
8.05.03 Failure of DESIGN/BUILD FIRM to make payments properly to
Consultant, Subcontractors or Subconsultants, or for material or labor.
8.05.04 Damage to another Subcontractor, Subconsultant, supplier, material
person (as provided for in F.S. 71 3), party, or person not remedied which are attributable
to DESIGN/BUILD FIRM, its agents, servants, employees, Contractor, Consultant,
Subconsultants, Subcontractors, sub-Subcontractors, sub-Subconsultants, material
person and suppliers.
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8.05.05
8.05.06
8.05.07
Liquidated damages pursuant to Article 6 hereof.
As-built drawings not being in a current and acceptable state.
The DESIGN/BUILD FIRM warrants to the CITY that all materials and
equipment furnished under this Agreement will be new unless otherwise specified, and
that all Work will be of good quality and in conformance with the Contract Documents. All
Work not conforming to these requirements, including substitutions not properly
approved and authorized by Contract Administrator, may be considered defective. lf
required by the CITY, the DESIGN/BUILD FIRM shall furnish satisfactory evidence as to
the origin, nature and quality of materials and equipment used for the Project.
DESIGNiBUILD FIRM shall properly store and protect all construction materials.
Materials which become defective through improper storage shall be replaced with new
materials at no additional costs. The DESIGN/BUILD FIRM's warranty excludes remedy
for damage or defect caused by abuse, modifications not executed by the
DESIGN/BUILD FIRM, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage.
When the above grounds are removed or resolved, or DESIGN/BUILD FIRM provides a
surety bond or a consent of surety satisfactory to CITY which will protect CITY in the
amount withheld, payment may be made in whole or in part, as applicable.
8.06 lf, after the Project has been substantially completed, full completion thereof is delayed
through no fault of DESIGN/BUILD FIRM, or by issuance of Change Orders affecting final
completion, and the Contract Administrator so certifies, CITY shall, upon certification of the
Contract Administrator, and without terminating the Contract, make payment of the balance due
for that portion of the Project fully completed and accepted. Such payment shall be made as
required by law under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
8.07 The making and acceptance of the final payment shall constitute a waiver of all claims
by CITY, other than those arising from faulty or defective Work, failure of the Project to comply
with requirements of the Contract Documents, or terms of any warranties required by the
Contract Documents. lt shall also constitute a waiver of all claims by DESIGNiBUILD FIRM,
except those previously made in writing and identified by DESIGN/BUILD FIRM as unsettled at
the time of the final application for payment.
8.08 lf the Contract Administrator, in its reasonable judgment, determines that the portion of
the Guaranteed Maximum Price then remaining unpaid will not be sufficient to complete the
Work in accordance with the Contract Documents, no additional payments will be due to the
DESIGN/BUILD FIRM hereunder unless and until the DESIGN BUILD FIRM, at its sole cost,
performs a sufficient portion of the Work so that such portion of the Guaranteed Maximum Price
then remaining unpaid is determined by the Contract Administrator to be sufficient to so
complete the Work.
8.09 DESIGN/BUILD FIRM shall remain liable for Subcontractors' Work and for any unpaid
laborers, material suppliers or Subcontractors in the event it is later discovered that said Work is
deficient or that any Subcontractors, laborers, or material suppliers did not receive payments
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due to them on the Project.
8.10 The DESIGNiBUILD FIRM shall use the sums advanced to it solely forthe purpose of
performance of the Work and the construction, furnishing and equipping of the Work in
accordance with the Contract Documents and payment of bills incurred by the DESIGN/BUILD
FIRM in performance of the Work.
8.11 Payment will be made to DESIGN/BUILD FIRM at:
ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
Without invalidating the Agreement and without notice to any surety, CITY reserves and shall
have the right to make such changes from time to time in the character or quantity of the Work
as may be considered necessary or desirable to complete fully and acceptably the Project in a
satisfactory manner. Any extra or additional work within the scope of this Project may be
accomplished by means of appropriate Field Orders, and/or fully executed and approved
Change Orders.
ARTICLE 1O GITY'S RESPONSIBILITIES
10.01 CITY shall assist DESIGN/BUILD FIRM by placing at its disposal any available
information pertinent to the Project including previous reports, laboratory tests and inspections
of samples, materials and equipment; property, boundary, easement, rights-of-way, topographic
and utility surveys; property descriptions; and known zoning, deed and other land use
restrictions.
10.02 CITY shall arrange for access to and make all provisions for DESIGN/BUILD FIRM to
enter upon public property as required for DESIGN/BUILD FIRM to perform its services.
ARTICLE 11 RESOLUTION OF DISPUTES
11.01 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto that
Contract Administrator shall first decide all questions, claims, difficulties and disputes of
whatever nature which may arise relative to the Contract Documents and fulfillment of this
Agreement as lo the character, quality, amount and value of any Work done and Materials
furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents,
and Contract Administrator's estimates and decisions upon all claims, questions, difficulties and
disputes shall befinal and binding to the extent provided in Section 11.02. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of CITY and DESIGN/BUILD
FIRM shall be submitted to Contract Administrator, in writing, within twenty-one (21) calendar
days of the discovery of the occurrence. Unless a different period of time is set forth herein,
Contract Administrator shall notify DESIGN/BUILD FIRM in writing of the decision within twenty-
one (21) calendar days from the date of the submission of the claim, question, difficulty or
dispute, unless Contract Administrator requires additional time to gather information or allow the
parties to provide additional information. All nontechnical administrative disputes shall be
determined by the Contract Administrator pursuant to the time periods provided herein. During
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the pendency of any dispute and after a determination thereof, DESIGN/BUILD FIRM and CITY
shall act in good faith to mitigate any potential damages, including utilization of construction
schedule changes and alternate means of construction.
11.02 ln the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the Contract Administrator's determination must notify the
other party in writing within ten (10) calendar days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a statement that any
Contract Price or Contract Time adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the determination. Within sixty
(60) calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to avoid litigation. The
mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under Slate law. A party
objecting to a determination specifically waives all of its rights provided hereunder, including its
rights and remedies under State law, if said party fails to comply in strict accordance with the
requirements of this Article.
11.03 Pending final resolution of a claim, including mediation, unless othenvise agreed in
writing by the CITY, DESIGN/BUILD FIRM shall proceed diligently with performance of the
Contract and the CITY shall continue to make payments in accordance with the Contract
Documents.
11.04 Any mediator used shall be certified in accordance with State of Florida law. Mediation
will be conducted in Miami-Dade County.
ARTICLE 12 SUBCONTRACT REQUIREMENTS
12.01 [ntentionally omitted]
12.02 [ntentionally omitted]
1 2.03 [ntentionally omitted]
'1 2.04 [ntentionally omitted]
12.05 All Subcontracts shall require the following:
12.05.01 That the Subcontractor's exclusive remedy for delays in the performance
of the contract caused by events beyond its control, including delays claimed to be
caused by the CITY or Consultant or attributable to the CITY or Consultant and including
claims based on breach of contract or negligence, shall be an extension of its Contract
Time.
12.05.02 ln the event of a change in the Work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 7% for overhead and profit and bond costs.
tr I nre 2o14-253-YG
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12.05.03 Each subcontract shall require the Subcontractor to expressly agree that
the foregoing constitute the sole and exclusive remedies for delays and changes in the
Work and thus eliminate any other remedies for claim for increase in the Contract Price,
damages, losses, or additional compensation.
12.05.04 Each subcontract shall require that any claims by Subcontractor for delay
or additional cost must be submitted to DESIGN/BUILD FIRM within the time and in the
manner in which the DESIGN/BUILD FIRM must submit such claims to the CITY, and
that failure to comply with the conditions for giving notice and submitting claims shall
result in the waiver of such claims.
12.05.05 Each subcontract shall include a provision stating that the subcontract is
assignable to the CITY in the event of a termination of all or part of the Contract. Said
assignment shall be at the sole option and discretion of the CITY and, if agreed to by
CITY shall be upon the same terms and conditions as the original subcontract, unless
otherwise mutually negotiated by CITY and Subcontractor.
12.05.06 The DESIGN/BUILD FIRM shall be solely responsible to the CITY for the acts
and omissions of its employees and agents and its Contractor, Consultant,
Subcontractors, Subconsultants, and their agents and employees, and all other persons
performing any of the work or services or supplying materials under a contract to the
DESIGNiBUILD FIRM.
12.05.07 The DESIGN/BUILD FIRM shall provide the Project Manager with a copy
of each subcontract, including the general supplementary conditions.
ARTICLE 13 [This Article left intentionallv blank]
ARTICLE 14 [This Article Ieft intentionallv blankl
ARTIGLE 15 SECURITY tThis Article left intentionallv blankl
ARTICLE 16 INSPEGTION OF PROJECT
'16.01 The CITY, Contract Administrator, and their authorized representatives, shall
have access to the Project at all times and DESIGN/BUILD FIRM shall provide proper
facilities for such access. Such access shall be in accordance with the reasonable rules
of the DESIGN/BUILD FIRM.
16.01.01 Should the Contract Documents, any Applicable Laws, or any public
authority require any Work for the Project to be specially tested or approved,
DESIGN/BUILD FIRM shall give to the Contract Administrator timely notice of readiness
of the Work for inspection. lf the testing or approval is to be made by an authority other
than CITY, timely notice shall be given of the date fixed for such testing. lnspections
shall be made promptly, and, where practicable, at the source of supply. Within a
reasonable time from execution of this Agreement, CITY shall provide DESIGN/BUILD
FIRM with a letter (or e-mail) listing the areas of Work the CITY will inspect. lf defined
Work for the Project should be covered up without required inspection/approval, it must,
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if required by the Contract Administrator, be uncovered for examination, and properly
restored at DESIGN/BUILD FIRM's expense.
16.01 .02 Re-examination and retesting of any Work may be ordered by the
Contract Administrator and, if so ordered, such Work must be uncovered by
DESIGN/BUILD FIRM. lf such Work is found to be in accordance with the Contract
Documents, CITY shall pay the cost of re-examination, retesting and replacement. lf
such Work is not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall pay such cost.
'16.02 The payment of any compensation, regardless of its character or form, or the giving of
any gratuity or the granting of any valuable favor by DESIGN/BUILD FIRM to any inspector is
forbidden, and any such act on the part of DESIGN/BUILD FIRM will constitute a breach of this
Agreement.
ARTICLE 17 SUPERINTENDENCE AND SUPERVISION
17.01 The orders of the CITY are to be given through the Project Manager, whose instructions
are to be strictly and promptly followed in every case, provided that they are in accordance with
this Contract and the other Contract Documents. Construction Manager shall keep on the
Project during its progress, a full-time, competent, English speaking supervisor who shall serve
as the superintendent, and any necessary assistants, all satisfactory to the Project Manager.
17.02 Construction Manager or Contractor's superintendent shall prepare, on a daily basis,
and keep on the Project site, a bound log setting forth at a minimum, for each day: the weather
conditions and how any weather conditions affected progress of the Work; time of
commencement of Work for the day; the Work performed; materials, labor, personnel,
equipment and Subcontractors utilized for the Work; any idle equipment and reasons for
idleness; visitors to the Project site; any special or unusual conditions or occurrences
encountered; any materials delivered to the Project site; and the time of termination of Work for
the day. The daily bound log shall be available for inspection by the CITY, or its authorized
designee, at all times during the Project, without previous notice.
17.03 lf DESIGN/BUILD FIRM, in the course of the Project, finds any discrepancy between the
Contract Documents and the physical conditions of the site, or any errors or omissions in the
Contracl Documents including, but not limited to, the Plans and Specifications, it shall be
DESIGN/BUILD FIRM's sole obligation and duty to immediately inform the Contract
Administrator, in writing, and the Contract Administrator will promptly verify same.
Any Work done prior to or after such discovery will be done at DESIGN/BUILD FIRM's sole risk.
NOTWTHSTANDING THE PRECEDING, OR ANY OTHER TERM OR CONDITION OF THIS
AGREEMENT, DESIGN/BUILD FIRM HEREBY ACKNOWLEDGES AND AGREES THAT
TH!S IS A DESIGN/BUILD PROJECT AND, ACCORDINGLY, ANY ERRORS OR OMISSIONS
SHALL BE CORRECTED AT THE SOLE COST AND EXPENSE OF DESIGN BUILD/FIRM
AND WITHOUT A CLAIM FOR ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT
PRICE-
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17.04 DESIGN/BUILD FIRM shall coordinate, supervise and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to perform and complete the Prolect in accordance with the Contract Documents.
DESIGNiBUILD FIRM shall be solely responsible for the design, preparation of Construction
Documents, means, methods, techniques, safety, sequences and procedures of construction.
DESIGNiBUILD FIRM shall give efficient supervision to the Work, using DESIGN/BUILD FIRM's
best skill, attention, and judgment.
ARTICLE 18 CITY'S RIGHT TO TERMINATE AGREEMENT
18.01 lf DESIGNiBUILD FIRM fails to begin the design and construction of the Projectwithin
the time specified; or fails to perform the Project with sufficient workers and equipment or with
sufficient materials to insure the prompt completion of the Project, in accordance with the
Contract Documents and schedules; or shall perform the Work unsuitably, or cause it to be
rejected as defective and unsuitable; or shall discontinue the prosecution of the Prolect, except
for excused delays in accordance with this Agreement; or if DESIGN/BUILD FIRM shall become
insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make
an assignment for the benefit of creditors; or shall not carry on the Project in accordance with
the Contract Documents, then the CITY shall give notice, in writing, to DESIGN/BUILD FIRM
and its surety of such delay, neglect or default, specifying the same. lf DESIGN/BUILD FIRM,
within a period of ten (10) calendar days after such notice, shall not proceed in accordance
therewith, then CITY may, upon written notice from the Contract Administrator of the fact of
such delay, neglect or default and DESIGN/BUILD FIRM's failure to comply with such notice,
terminate the services of DESIGNiBUILD FIRM, exclude DESIGN/BUILD FIRM from the Project
site, and take the prosecution of the Project out of the hands of DESIGNiBUILD FIRM, as
appropriate, or use any or all materials and equipment on the Project site as may be suitable
and acceptable, in the City's reasonable discretion. ln such case, DESIGNiBUILD FIRM shall
not be entitled to receive any further payment until the Project is finished. ln addition, CITY may
enter into an agreement for the completion of the Project according to the terms and provisions
of the Contract Documents, or use such other methods as in its opinion shall be required for the
completion of the Project in an acceptable manner. All damages, costs and charges incurred by
CITY shall be deducted from any monies due or which may become due to said DESIGN/BUILD
FIRM. Actions will be instituted to recover on the posted bonds. ln case the damages and
expense so incurred by CITY shall be less than the sum which would have been payable under
this Agreement, if it had been completed by said DESIGN/BUILD FIRM, then DESIGNiBUILD
FIRM shall be entitled to receive the difference. lf such damages and costs exceed the unpaid
balance, then DESIGN/BUILD FIRM shall be liable and shall pay to CITY the amount of said
excess.
18.02 lf, after Notice of Termination of DESIGN/BUILD FIRM's right to proceed, it is
determined for any reason that DESIGN/BUILD FIRM was not in default, the rights and
obligations of CITY and DESIGN/BUILD FIRM shall be the same as if the notice of termination
had been issued pursuant to the Termination for Convenience clause, as set forth in Section
18.03 below.
18.03 Notwithstanding any other provision in this Agreement, the performance of work under
this Agreement may be terminated in writing by CITY, for convenience and without cause, upon
ten (10) business days from the date of DESIGN/BUILD FIRM'S receipt of the written notice to
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DESIGN/BUILD FIRM of intent to terminate and the date on which such termination becomes
effective. ln such case, DESIGN/BUILD FIRM shall be paid for all work and reimbursables
executed, and expenses incurred, such as materials stored, cost of severance of
leases/contracts directly associated with the Project, and demobilization prior to termination.
PAYMENT SHALL INCLUDE REASONABLE PROFIT FOR SERVICES ACTUALLY
PERFORMED IN FULL PRIOR TO TERMINATION DATE, BUT SHALL EXCLUDE ALL LOST
PROFITS, INDIRECT CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
18.04 Upon receipt of Notice of Termination pursuant to Sections 18.01 or 18.03 above,
DESIGN/BUILD FIRM shall, at its sole cost and expense and as a condition precedent to any
further payment obligation by the CITY, promptly discontinue all affected work, unless the
Notice of Termination directs othenvise, and deliver to CITY within seven (7) calendar days of
termination, all data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents, whether completed or in
process. Compensation shall be withheld until all documents are provided to CITY pursuant to
this Article.
ARTICLE 19 DESIGN/BUILD FIRM'S RIGHT TO STOP WORK
OR TERMINATE CONTRACT
19.01 lf the Project should be stopped under an order of any court or other public authority for a
period of more than ninety (90) calendar days, through no act or fault of DESIGN/BUILD FIRM
or of anyone employed by DESIGN/BUILD FIRM; or if the Contract Administrator should fail to
review and approve or state in writing reasons for non-approval of any requisition for payment
within twenty (20) business days after it is presented; or if CITY fails to pay DESIGN/BUILD
FIRM within thirty (30) calendar days after submittal of a proper requisition for payment, as
approved by the Project Manager or Contracl Administrator (as applicable), then
DESIGN/BUILD FIRM may give written notice to CITY, through Contract Administrator, of such
delay, neglect, or default, specifying the same. lf CITY, within a period of ten (10) business days
after such written notice, shall not remedy the delay, neglect, or default upon which notice is
based, then DESIGN/BUILD FIRM may stop work until payment is made, or terminate this
Agreement and recover from CITY payment for all Work executed and reasonable expense
sustained, But excluding any claim for payments for lost profits, indirect, special, consequential,
or other damages.
ARTICLE 20 "OR EQUAL" CLAUSE
20.01 Whenever a material, article or piece of equipment is identified in the Contract
Documents, including without limitation, in the Plans and Specifications, by reference to
manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, it is intended
merely to establish a standard and, unless it is followed by words indicating that "no substitution
is permitted," any material, article, or equipment of other manufacturers and vendors which will
perform or serye the requirements of the general design will be considered equally acceptable
provided the material, article or equipment so proposed is, in the opinion of the Contract
Administrator:
20.01 .01 At least equal in quality, durability, appearance, strength and design;
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20.01 .02 Performs at least equally the function imposed in the general design for
the Project;
20.01.03 Conforms substantially, even with deviations, to the detailed requirements
for the items as indicated by the Plans and Specifications; and
20.01.04 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
shop drawing and/or Change Order which shall be attached to a detailed description of
the specified item and a detailed description of the proposed substitution. A comparison
letter itemizing all deviations from specified items must be included for the Contract
Administrator to properly evaluate substitution. Failure to provide the deviation
comparison sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate substituted
equipment under this paragraph shall be at the expense of DESIGN/BUILD FIRM.
20.Q2 Contract Administrator's written consent will be required as to acceptability, and no
substitute will be ordered, installed or utilized without Contract Administrator's prior written
acceptance, which will be evidenced by either a Change Order or an accepted shop drawing.
CITY may require DESIGN/BUILD FIRM to furnish, at DESIGN/BUILD FIRM'S expense, a
special performance guarantee or other surety with respect to any substitute.
ARTICLE 21 PLANS AND SPEGIFICATIONS
21.01 CITY, through its Contract Administrator, shall have the right to require DESIGN/BUILD
FIRM to modify the details of the Plans and Specifications, to supplement same with additional
plans, drawings, specifications, or additional information as the Project proceeds which are
within the specific intent and stated scope of the Project and which do not cause increase in
Contract Price or Contract Time, all of which shall be considered as part of the Contract
Documents, at no additional cost to the CITY. All plans, general and detail, are to be deemed a
part of this Agreement, and the Plans and Specifications and other Contract Documents are to
be considered together, and are intended to be mutually complementary, so that any work
shown on the Plans, though not specified in the Specifications, and any work specified in the
Specifications though not shown on the Plans, is to be executed by DESIGN/BUILD FIRM as
part of the Contract Documents. All things which, in the opinion of the Contract Administrator,
may reasonably be inferred from the Contract Documents, including, but not limited to, the
Plans and Specifications, are to be executed by DESIGN/BUILD FIRM under the terms of the
Contract Documents; and the Contract Administrator shall determine whether said Plans and
Specifications conform to the Contract Documents. ln the event the work requested under this
A(icle expands the scope of the Project, DESIGNiBUILD FIRM may seek a Change Order
pursuant to Article 37.
ARTICLE 22 DESIGN/BUILD FIRM TO GHECK DRAWINGS AND DATA
22.01 DESIGN/BUILD FIRM shall take measurements and verify all dimensions, conditions,
quantities and details shown on the Plans and Specifications including, but not limited to, the
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drawings, schedules, or other data. Failure to discover or correct errors, conflicts or
discrepancies shall not relieve DESIGN/BUILD FIRM of full responsibility for unsatisfactory
work, faulty construction, or improper operation resulting therefrom, nor from rectifying such
condition at DESIGN/BUILD FIRM'S own expense. DESIGN/BUILD FIRM will not be allowed to
take advantage of any error or omissions.
ARTICLE 23 WARRANry
23.01 DESIGN/BUILD FIRM warrants to CITY that all Materials and equipment furnished for the
Project will be new unless otherwise specified and that all Work for the Pro.lect will be of good
quality, free from faults and defects and in conformance with the Contract Documents. The
standard of quality shall be at least that employed by similarly qualified design/build firms that
are duly qualified and licensed to perform similar projects. All Work for the Project not
conforming to these requirements, including substitutions not properly approved and authorized,
may be considered defective. lf Materials or equipment are improperly stored and become
altered as a result of such improper storage, DESIGN/BUILD FIRM shall replace said Materials
and/or equipment with new ones at no additional cost. DESIGN/BUILD FIRM shall be
responsible for proper storage and safeguarding of all Materials and equipment. lf required by
the Contract Administrator, DESIGN/BUILD FIRM shall furnish satisfactory evidence as to the
kind and quality of Materials and equipment. The warranty requirements set forth in the Contract
Documents as herein defined shall govern warranty terms and conditions for all warranty items
expressed or implied. The DESIGN/BUILD FIRM'S warranty period under this Article shall be
one (1) year from the date of Substantial Completion of the Project. However, this section shall
not abridge the times or impede the rights and remedies afforded the CITY against other entities
or persons under the Contract Documents, or by law.
ARTICLE 24 SUPPLEMENTARY DRAWINGS
24.01 When, in the opinion of DESIGN/BUILD FIRM and/or CITY, it becomes necessary to
explain more fully the Work to be done, or to illustrate the Project further to show any changes
which may be required, supplementary drawings, with specifications pertaining thereto, will be
prepared by the Consultant and submitted by DESIGN/BUILD FIRM to the Contract
Administrator for review and written acceptance.
24.02 The authorized supplementary drawings shall be binding upon DESIGN/BUILD FIRM
with the same force as the Contract Documents. Where such supplementary drawings require
either less or more than the estimated quantities of work, appropriate adjustments shall be
made pursuant to Change Order.
ARTICLE 25 lThis Article left intentionallv blankl
ARTIGLE 26 GENERAL WORKMANSHIP
26.01 Articles, materials, and equipment specified or shown on drawings shall be new and
shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper
forming, as per the manufacturer's directions. DESIGN/BUILD FIRM shall, if required, furnish
satisfactory evidence as to kind and quality of the matedals. Should materials arrive to the
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jobsite new and be improperly stored and deteriorate from new condition, the materials shall be
replaced at no additional cost to CITY.
26.02 DESIGNiBUILD FIRM shall apply, install, connect, and erect manufactured items or
materials according to recommendations of manufacturer when such recommendations are not
in conflict with the Contract Documents. lf there is conflict between manufacturer
recommendations and the Contract Documents, Contract Administrator shall be notified and
shall approve, in writing, any corrective actions prior to implementation of same.
ARTICLE 27 DEFECTIVE WORK
27.01 Contract Administrator shall have the authority to reject or disapprove Work for the
Project which Contract Administrator finds to be defective. Defective work is defined as Work
not in accordance with the Contract Documents; not in conformance with Applicable Laws;
installed in violation of the manufacturer's written instructions where the installation has caused
new materials to be detrimentally affected; where the life expectancy of the material installed is
reduced; or otherwise installed in a non-workmanlike manner. lf required by Contract
Administrator, DESIGN/BUILD FIRM shall promptly either (as directed) correct all defective
work or remove it from the Project site, and replace it with non-defective work. DESIGN/BUILD
FIRM shall bear all costs of such removal or correction.
27.02 11, within one (1) year after Substantial Completion, any Work is found to be defective or
not in accordance with the Contract Documents, DESIGN/BUILD FIRM shall correct it promptly
without cost to CITY, after receipt of written notice from CITY to do so, unless CITY has given
DESIGN/BUILD FIRM a written acceptance of such conditions. Nothing contained herein shall
be construed to establish a period of limitation with respect to any other obligation which
DESIGN/BUILD FIRM might have under Applicable Laws.
27.03 Should DESIGN/BUILD FIRM fail or refuse to remove or correct any defective work
performed for the Project, or to make any necessary repairs in an acceptable manner and in
accordance with the requirements of this Agreement within a reasonable time, indicated in
writing, CITY shall have the authority to cause the unacceptable or defective work to be
removed or corrected, or make such repairs as may be necessary, to be made at
DESIGN/BUILD FIRM'S expense. Any expense incurred by CITY in making these removals,
corrections or repairs, which DESIGN/BUILD FIRM has failed or refused to make shall be paid
for out of any monies due or which may become due to DESIGN/BUILD FIRM, or may be
charged against the bond (or other guaranty if applicable). Continued failure or refusal on the
part of DESIGN/BUILD FIRM to make any or all necessary repairs promptly, fully, and in
acceptable manner shall be sufficient cause for CITY to declare this Agreement terminated, in
which case CITY, at its option, may purchase Materials, tools, and equipment, and employ
Iabor, or may contract with any other individual, firm or corporation, or may proceed with its own
forces, to perform the work. All costs and expenses incurred thereby shall be charged against
the defaulting DESIGN/BUILD FIRM, and the amount thereof deducted from any monies due, or
which may become due, to DESIGN/BUILD FIRM, or shall be charged against the bond (or
other guaranty). Any special work performed, as described herein, shall not relieve
DESIGN/BUILD FIRM in any way from its responsibility for the work performed by it.
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27.04 Failure to reject any defective work or Materials shall not in any way prevent later
rejection when such defect is discovered, or obligate CITY to final acceptance.
ARTICLE 28 SUBCONTRACTS
28.01 DESIGN/BUILD FIRM shall, at such times as DESIGN/BUILD FIRM decides which
Subcontractors will perform the various portions of the Work, promptly notify the Contract
Administrator, in writing, of the names of Subcontractors for the Project, and identify the portion
of the Work for the Project each will perform. DESIGN/BUILD FIRM shall have a continuing
obligation to notify the Contract Administrator of any change in Subcontractors. Notification of
the names of Subcontractors shall not relieve DESIGN/BUILD FIRM from the primary
responsibility, without limitation, of full and complete satisfactory performance of all contractual
obligations.
ARTIGLE 29 SEPARATE CONTRACTS
29.01 CITY reserves the right to let other contracts in connection with this Project, provided it
does not interfere with DESIGN/BUILD FIRM'S Work or schedule. DESIGN/BUILD FIRM shall
afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate its Work
with theirs subject to provision of acceptable insurance coverage, including DESIGN/BUILD
FIRM as an additional insured. CITY will request that its separate contractors coordinate their
activities with the Work of the DESIGN/BUILD FIRM.
29.02 ll any part of DESIGN/BUILD FIRM'S Work depends for proper execution or results upon
the work of any other contractor or the CITY, DESIGN/BUILD FIRM shall inspect and promptly
report to the Contract Administrator any defects in such work that render it unsuitable for such
proper execution and results. DESIGN/BUILD FIRM'S failure to so inspect and report shall
constitute an acceptance of the other contraclor's work as fit and proper for the reception of
DESIGN/BUILD FIRM'S Work, except as to defects which may develop in other contractor's
work after the execution of DESIGN/BUILD FIRM'S Work. However, DESIGN/BUILD FIRM shall
not be responsible or liable to CITY for any work performed by any other separate contractor not
under the auspices or control of DESIGNiBUILD FIRM.
29.03 To insure the proper execution of its subsequent Work, DESIGNiBUILD FIRM shall
inspect the work already in place and shall at once report to the Contract Administrator any
discrepancy between the executed work and the requirements of the Contract Documents.
ARTICLE 30 CITY'S OPTION FOR USE OF COMPLETED PORTIONS
30.01 ln the event of Substantial Completion of a portion of the Prolect, which determination
and option shall be solely and exclusively within the CITY's authority and discretion
whether to allow and accept Substantial Gompletion of a portion or portions of the
Project (versus requiring Substantial Completion of the entire Project at one time), CITY
shall have the right to take possession of, for maintenance and/or for use, of any such
completed or partially completed portion(s) of the Project. However, prior to any possession, a
punch list will be issued for the area to be occupied. Such possession and use shall not be
deemed an acceptance of any Work not completed in accordance with the Contract Documents.
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lf such possession or use delays the Project, DESIGN/BUILD FIRM may be entitled to a
reasonable extension of time as determined by Contract Administrator.
30.02 ln the event CITY takes possession, the following shall occur:
30.02.01 CITY shall give notice to DESIGN/BUILD FIRM at least thirty (30)
calendar days in advance on intent to occupy a designated area.
30.02.02 DESIGN/BUILD FIRM shall bring the designated area to point of
Substantial Completion. When DESIGN/BUILD FIRM considers that the designated
area of the Project is substantially complete, DESIGN/BUILD FIRM shall so notify the
Contract Administrator, in writing, and shall prepare for submission to the Contract
Administrator a list of items to be completed or corrected. The failure to include any
items on such list does not alter the responsibility of DESIGN/BUILD FIRM to complete
work on the designated area in accordance with the Contract Documents. The Contract
Administrator shall conduct an inspection to determine that the designated portion of the
Project is substantially complete. The Contract Administrator will then instruct
DESIGN/BUILD FIRM to deliver to CITY a Certificate of Occupancy (CO) pertinent to the
designated portion, which CO shall be issued by the appropriate authority having
jurisdiction over the Project. The Contract Administrator and DESIGN/BUILD FIRM shall
agree on the time within which DESIGN/BUILD FIRM shall complete the items listed.
30.02.03 Upon issuance and acceptance of Certificate of Substantial Completion,
CITY will assume full responsibility for maintenance, utilities, subsequent damages of
CITY and public, adjustment of insurance coverages and start of warranty for occupied
area. DESIGN/BUILD FIRM shall remain responsible for all items listed to be completed
or corrected as submitted to Contract Administrator as required in Substantial
Completion process.
30.02.04 lf CITY finds it necessary to occupy or use a portion or portions of the
Project prior to Substantial Completion thereof, such occupancy or use shall not
commence prior to a time mutually agreed upon by CITY and DESIGN/BUILD FIRM and
to which the insurance company or companies providing the property insurance have
consented by endorsement to the policy or policies. This insurance shall not be canceled
or lapsed on account of such partial occupancy or use. Consent of DESIGNiBUILD
FIRM and of the insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
ARTICLE 31 CONSTRUCTION AREA
31.01 DESIGN/BUILD FIRM shall use areas approved by the Contract Administrator for
deliveries and personnel. Contract limits of construction area are indicated on the concept
drawings as issued by the Contract Administrator. Equipment, materials, and personnel shall be
in conformance with this Contract.
31 .02 To provide for maximum safety and security, DESIGN/BUILD FIRM shall erect and
maintain all necessary barricades, and any other temporary walls and structures as required,
and boarding or fencing to protect life and property during the period of construction.
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ARTIGLE 32 LANDS FOR WORK
32.0'l CITY shall provide, as indicated in the Contract Documents, the lands upon which the
Project is to be performed, rights-of-way and easements for access thereto and such other
lands as are designated for the use of DESIGN/BUILD FIRM. No claim for damages or other
claim other than for an extension of time shall be made or asserted against CITY by reason of
any delay arising as a result of any failure of CITY to provide such lands on the date needed by
DESIGN/BUILD FIRM. The provisions of Article 40 shall apply herein.
ARTIGLE 33 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
33.01 DESIGN/BUILD FIRM shall conform to all Applicable Laws with regard to labor employed,
hours of work, and DESIGN/BUILD FIRM'S general operations. DESIGNiBUILD FIRM shall also
conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic
on streets, highways, sidewalks, or other public right of ways without the written consent of the
proper authorities.
ARTICLE 34 DAMAGE TO EXISTING FACILITIES. EQUIPMENT OR UTILITIES
34.01 Existing utilities have been shown in the Contract Documents insofar as information is
reasonably available; however, it will be DESIGN/BUILD FIRM'S sole responsibility to verify
such information and to preserve all existing utilities, whether shown in the Contract Documents
or not. lf utility conflicts are encountered by DESIGN/BUILD FIRM during construction,
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, to avoid utility
conflicts, and/or provide sufficient notice to the owners of the utilities, and it shall be the sole
responsibility of the DESIGN/BUILD FIRM to resolve any conflicts and make all necessary
adjustments, at no additional cost to the CITY.
34.02 DESIGN/BUILD FIRM shall exercise care and take all precautions during excavation and
construction operations to prevent damage to any existing facilities, equipment, or utilities. Any
damage caused by DESIGN/BUILD FIRM shall be reported immediately to the Contract
Administrator, and such work shall be repaired and/or replaced by DESIGN/BUILD FIRM in a
manner approved by CITY. All costs to repair and/or replace any damage to existing facilities,
equipment, or utilities shall be the sole responsibility of DESIGN/BUILD FIRM, and such repair
or replacement shall be performed expeditiously without cost to CITY.
34.03 DESIGN/BUILD FIRM shall provide that type of required protection for finished Work at
all times and protect adjacent Work during cleaning operations, and make good any damage
resulting from neglect of this precaution.'
34.04 Protection of Work shall include protecting of Work that is factory finished, during
transportation, storage, during and after installation. Where applicable, and as required,
DESIGNiBUILD FIRM shall close off spaces of areas where certain Work has been completed
to protect it from any damages caused by others during their operations.
34.05 DESIGN/BUILD FIRM shall store Materials, and shall be responsible for and shall
maintain partly or wholly finished Work during the continuance of the Contract and until the final
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acceptance of the Project. lf any materials or part of the work should be lost, damaged, or
destroyed by any cause or means whatsoever, the DESIGN/BUILD FIRM shall satisfactorily
repair and replace lhe same at DESIGNiBUILD FIRM'S own cost. The DESIGN/BUILD FIRM
shall maintain suitable and sufficient guards, if necessary, and barriers, and at night, suitable
and sufficient lighting for the prevention of accidents.
34.06 To all applicable sections where preparatory work is part of Work thereon,
DESIGN/BUILD FIRM shall carefully examine surfaces over which finished work is to be
installed, laid or applied, before commencing with the work. DESIGN/BUILD FIRM shall not
proceed with said work until defective surfaces on which work is to be applied are corrected to
the satisfaction of the Contract Administrator. Commencement of work shall be considered
acceptance of surfaces and conditions.
34.07 lt will be the DESIGN/BUILD FIRM'S responsibility to preserve all existing utilities within
the Project limits or as otherwise affected by DESIGN/BUILD FIRM. lf utility conflicts are
encountered by the DESIGN/BUILD FIRM during construction, it is anticipated that
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, so as to avoid
utility conflicts, and/or provide sufficient notice to their owners and compensate owners of lhe
utilities from its funds so that they may make the necessary adjustments. Damage to any
utilities, which in the sole reasonable opinion of the CITY is caused by negligence on the part of
the DESIGN/BUILD FIRM, shall be repaired at the DESIGN/BUILD FIRM'S expense.
ARTICLE 35 CONTINUING THE WORK
35.01 DESIGN/BUILD FIRM shall carry on the Project and adhere to the CPM Project Schedule
during all disputes or disagreements with CITY, including disputes or disagreements concerning
a request for a Change Order, a request for a change in the Contract Price or Contract Time. No
work shall be delayed or postponed pending resolution of any disputes or disagreements. The
provisions of this Article shall be subject to all other applicable provisions of this Agreement.
ARTICLE 36 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
36.01 The Contract Administrator shall have the right to approve and issue Field Orders setting
forth written interpretations of the intent of the Contract Documents to Construction Manager
and ordering minor changes in contract execution, providing the Field Order involves no change
in the Contract Price or the Contract Time.
36.02 The Contract Administrator shall have the right to approve and issue to DESIGN/BUILD
FIRM supplemental instructions setting forth the written orders, instructions, or interpretations
concerning the Contract Documents or performance therein, provided they make no major
changes in Contract execution and involve no change in the Contract Price or the Contract
Time.
ARTICLE 37 CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
37.01 Without invalidating the Contract and without notice to any surety, CITY reserves, and
shall have the right from time to time, to make such increases, decreases or other changes in
the character or quantity of the Work as may be considered necessary or desirable to complete
fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional
?81 RFP 2014-2s3-YG
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work within the scope of this Project must be accomplished by means of appropriate Field
Orders and Supplemental lnstructions, or Change Orders.
37.02 Changes to the terms of the Contract Documents must be contained in a written
document, executed by the pa(ies hereto, with the same formality and of equal dignity prior to
the initiation of any work reflecting such change. This section shall not prohibit the issuance of
Change Orders executed only by CITY as hereinafter provided.
37.03 The actual cost of the Payment and Performance Bond as a result of accepted changes
in the Work shall be added to or deducted from the cost of the changes in the Work.
37.04 Notification of Chanqe of Contract Time or Contract Price
37.04.01 Any claim for a change in the Contract Time or Contract Price shall be
made by written notice delivered by DESIGN/BUILD FIRM to the Contract Administrator
within five (5) calendar days of the commencement of the event giving rise to the claim
(which may include an occurrence or omission that DESIGN/BUILD FIRM contends
delays the Work, or receipt of an order, inslruction, Contracl Administrator's
supplemental information, or other directive changing the Work, or any other occurrence
that DESIGN/BUILD FIRM contends causes a change in Contract Time or Gontract
Price) and stating the general nature of the claim. Notice of the nature and elements of
the claim shall be delivered within twenty (20) calendar days after the date of such
written notice. Thereafter, within twenty (20) calendar days of the termination of the
event giving rise to the claim, notice of the extent of the claim with supporting data shall
be delivered, unless Contract Administrator and DESIGN/BUILD FIRM allows an
additional period of time to ascertain more accurate data in support of the claim, and
shall be accompanied by DESIGN/BUILD FIRM's written statement that the adjustment
claimed is the entire adjustment to which the DESIGN/BUILD FIRM has reason to
believe it is entitled as a result of the occurrence of said event. All claims for adjustment
in the Contract Time or Contract Price shall be determined by Project Manager and
Contract Administrator in accordance with Article 11 hereof, if Project Manager, Contract
Administrator and DESIGN/BUILD FIRM cannot otherwise agree. NO CLAIM FOR AN
ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE VALID
UNLESS IT IS SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS
OF THIS SECTION.
37.04.02 The Contract Time will be extended in an amount equal to time lost due to
delays beyond the control of and through no fault, negligence, or act or omission of
DESIGN/BUILD FIRM if a claim is made therefore as required by the Contract. Such
delays shall include, but not be limited to, acts or neglect by any separate contractor
employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather
conditions, acts of God, or acts of terrorism.
37.04.03 Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for change in Contract Time pursuant
to this Article 37. These lime extensions are justified only when rain or other inclement
weather conditions or related adverse soil conditions prevent DESIGN/BUILD FIRM from
productively performing controlling items of work; identified on the accepted schedule or
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updates resulting in: (1) DESIGN/BUILD FIRM being unable lo work at least fifty percent
(50%) of the normal work day on controlling items of work identifled on the accepted
CPM Prolect Schedule or updates due to adverse weather conditions; or (2)
DESIGN/BUILD FIRM must make major repairs to the Work damaged by weather,
provided the damage was not attributable to a failure or neglect by DESIGN/BUILD
FIRM, and provided that DESIGNiBUILD FIRM was unable to work at least fifty percent
(50%) of the normal work day on controlling items of work identified on the accepted
CPM Project Schedule or approved updates. No time extension will be allowed for
weekend rains unless the DESIGN/BUILD FIRM has been working weekends on a
regular basis on exterior Work.
37.04.04 The DESIGN/BUILD FIRM agrees and acknowledges that no ground for
an extension to the Contract Time or Contract Price shall arise as a result of any
reasonably foreseeable condition at the Project site, or as a result of anything contained
in the Contract Documents.
37.05 Chanqe Orders
37.05.01 Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental lnstructions,
including all changes resulting in changes in the Contract Price, or the Contract Time,
shall be authorized only by Change Orders approved and issued by CITY to the extent
permitted under this Agreement.
37.05.02 The Project Manager, as authorized by the Contract Administrator, may
initiate a Change Order request ("Change Order Request"), setting forth in detail the
nature of the requested change. Upon receipt of a Change Order Request, the
DESIGN/BUILD FIRM shall review the Change Order Request with the Project Manager
and Contract Administrator prior to furnishing to the Project Manager a statement setting
forth in detail, with a suitable detailed breakdown in Construction Specifications lnstitute
(CSl) format, including a breakdown of labor and materials, the DESIGN/BUILD FIRM's
estimate of the changes in the cost of the Work and changes to any other Contract Price
elements attributable to the changes set forth in such Change Order Request, and
proposed adjustments, if any, to the Contract Time resulting from such Change Order
Request. lf the Contract Administrator accepts such DESIGN/BUILD FIRM's estimate, a
Change Order shall be processed by the CITY and delivered to the DESIGN/BUILD
FIRM for execution. Agreemenl on any Change Order shall constitute a final settlement
on all items affected therein, including without limitation any adjustment in the cost of the
Work, DESIGN/BUILD FIRM's, Guaranteed Maximum Price, or the Contract Time,
subject to performance thereof and payment therefore pursuant to the terms of this
Contract and such Change Order. Changes in Contract Time will only be considered by
the CITY when Contractor provides sufficient documentation delineating the daily impact
to controlling items (Critical Path) identified in the orlginal approved CPM Project
Schedule.
37.05.03 The DESIGN/BUILD FIRM's fee on such changes shall be a percentage
of the net change to the cost of the Work resulting from the Change Order, not to exceed
ten percent (10%).
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Subcontractor's percentage markup on Change Orders for overhead and profit shall be
reasonable, but in no event shall the aggregate of the Subcontractor's overhead and
profit markups exceed seven and a half percent (7 .5%) of the Subcontractor's cost of the
Work. ln the event Subcontractor is affiliated with the Contractor by common ownership
or management, or is effectively controlled by the Contractor, no fee will be allowed on
the Subcontractor's costs. ln the event there is more than one level of Subcontractor,
such as second and third tier Subcontractors, the sum of all of the Subcontractors'
percentage markups for overhead and profit shall not, in the aggregate, exceed ten
percent (10ok) of the cost of the Work. Subcontractor's cost of the Work shall be
determined in accordance with Article 12, hereof.
37.05.04 Contractor shall not start work on any alteration requiring an increase in
the Contract Price or the Contract Time until a Change Order setting forth the
adjustments is approved by the CITY unless there is an immediate need to perform the
work to maintain the CPM Prolect Schedule. lf there were such a need, the Contract
Administrator will issue direction to perform the work on the basis of a preliminary
estimate provided by the Contractor and approved by the Project Manager. Upon receipt
of a Change Order Contractor shall promptly proceed with the work set forth within the
document.
37.05.05 ln the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change Order has not
been issued, CITY reserves the right at its sole option to either terminate the Contract as
it applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed work; or submit the matter in dispute to Project
Manager and Contract Administrator as set forth in Article 11, hereof. During the
pendency of the dispute, and upon receipt of a Change Order, DESIGN/BUILD FIRM
shall promptly proceed with the change in the Work involved and advise the Project
Manager and Contract Administrator in writing within five (5) calendar days of
DESIGN/BUILD FIRM's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price or
Contract Time.
37.05.06 Upon approval of any Contract change increasing the Contract Price,
DESIGN/BUILD FIRM shall ensure that the Performance Bond and Payment Bond are
increased so that each reflects the total Contract Price as increased"
37.05.07 Change Orders may be issued unilaterally by CITY.
37.05.08 The DESIGN/BUILD FIRM hereby waives any claim not made with a
timely request for a Change Order.
37.05.09 Notwithstanding anything in this Article 37, or in any other term or
condition of this Agreement, DESIGN/BUILD FIRM acknowledges and agrees that
after the Guaranteed Maximum Price has been established, no Ghange Order shall
be approved in the case where the DESIGN/BUILD FIRM encounters a DCP
discrepancy and has failed to foresee and/or coordinate any conditions in the
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Work, including conflicts between the Contract Documents, Plans and
Specifications, and the existing Project site conditions, utilities, and unforeseen
underground conditions, which will cause an increase to the Contract Price or the
Contract Time.
37.05.10 No change in the Guaranteed Maximum Price shall be allowed for delays
caused by labor disputes and strikes specific to the Project, or for other delay caused by
the DESIGN/BUILD FIRM or its Subcontractors or suppliers of any tier.
37.05.11 The DESIGNiBUILD FIRM waives all claims for additional time or
additional compensation for Work performed without a written Change Order, unless as
stated in Subsection 37.05.04.
37.05.12 The DESIGN/BUILD FIRM agrees that, regardless of the pendency of any
claim for additional compensation or time, the DESIGN/BUILD FIRM shall continue to
execute all Work. The DESIGNiBUILD FIRM shall take all reasonable measures to
minimize the effect of the pendency of a claim.
37.05.13 Should a material discrepancy be found between the DCP and the
Contract Documents, and provided only that said discrepancy results from the regulatory
review of an agency that has regulatory authority over the permitting process, the CITY
shallissue a Change Orderto the DESIGN/BUILD FIRM.
37.05.14 DESIGN/BUILD FIRM shall not include or request payment
Change Orders that have not been formally and fully approved and executed
appropriate parties.
ARTICLE 38 DIFFERING SITE CONDITIONS
38.01 No equitable adjustment to the Contract shall be allowed for DESIGN/BUILD FIRM and
no change to Contract Price or Contract Time, in the event that during the course of the Work
DESIGN/BUILD FIRM encounters an existing condition that was not shown on the Contract
Documents; or subsurface or concealed conditions at the Project site which differ materially
from those shown on the Contract Documents and from those ordinarily encountered and
generally recognized as inherent in work of the character called for in the Contract Documents;
or unknown physical conditions of the Project site, of an unusual nature, which differ materially
from that ordinarily encountered and generally recognized as inherent in work of the character
called for in the Contract Documents.
ARTICLE 39 (This Article left intentionallv blank)
ARTICLE 40 NO DAMAGES FOR DELAY
40.01 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.
DESIGN/BUILD FIRM shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from CITY for direct, indirect, consequential, impact, or other costs,
expenses or damages including, but not limited to, costs of acceleration or inefficiency arising
on any
by the
ta I cre 2o14-253-YG
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because of delay, diYGuption, interference or hindrance from any cause whatsoever, whether
such delay, diYGuption, interference, or hindrance be reasonable or unreasonable, foreseeable
or unforeseeable, or avoidable or unavoidable; provided, DESIGN/BUILD FIRM hindrances or
delays are not due solely to fraud, bad faith or active interference on the part of CITY or its
agents. Unless the delay is due solely to fraud, bad faith, or active interference by the City,
DESIGN/BUILD FIRM shall be entitled only to extensions of the Contract Time as the sole and
exclusive remedy for such resulting delays, in accordance with and to the extent specifically
provided above. The specific application of this Article to other provisions of this Agreement
shall not be construed as a limitation of any sort upon the further application of this Article. Ten
Dollars ($10.00) of DESIGN/BUILD FIRM'S fee is acknowledged as separate and independent
consideration for the covenants contained in this Article.
ARTICLE 41 SUBSTANTIAL COMPLETION
41 .01 When DESIGN/BUILD FIRM considers that the Prolect, or a designated portion thereof,
which is acceptable to CITY (in the event CITY chooses to accept same pursuant to the sole
authority and discretion afforded to it under Article 30 hereof), is substantially complete,
DESIGN/BUILD FIRM shall so notify the Contract Administrator and Project Manager, in writing,
and shall prepare for submission to the Contract Administrator and Project Manager a thorough
list of items to be completed or corrected, together with a schedule for completion of all items.
The failure to include any items on such list does not alter the responsibility of DESIGN/BUILD
FIRM to complete all Work in accordance with the Contract Documents. The Contract
Administrator, Project Manager, and such other persons as they may deem necessary, shall
conduct a joint inspection to determine that the Project (or designated portion thereof) is
substantially complete. The Contract Administrator will then instruct DESIGN/BUILD FIRM to
prepare and deliver to the Contract Administrator a Certificate of Substantial Completion which
shall establish the date of Substantial Completion for the Project (or that portion of the Project).
After review of the certificate by the Contract Administrator, CITY shall either accept or reject
the certificate. Acceptance of Substantial Completion by CITY shall be based upon compliance
with the Contract Documents and Applicable Laws. DESIGN/BUILD FIRM shall have thirty (30)
days to complete the items listed therein. Warranties required by the Contract Documents and
submitted in appropriate form to the Contract Administrator along with the request for
Substantial Completion shall commence on the date of Substantial Completion of the Pro.lect (or
for that portion of the Project). The Ce(ificate of Substantial Completion shall be submitted to
CITY through the Contract Administrator and DESIGN/BUILD FIRM for their written acceptance
of the responsibilities assigned to them in such Certificate.
ARTICLE 42 SHOP DRAWINGS AND SCHEDULE OF VALUES
42.01 DESIGN/BUILD FIRM shall submit Shop Drawings for all equipment, apparatus,
machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose
of a Shop Drawing is to show the suitability, efficiency, technique of manufacture, installation
requirements, details of the item and evidence of its compliance or noncompliance with the
Contract Documents.
42.02 DESIGN/BUILD FIRM shall submit to the Contract Administrator, within thirty (30)
calendar days following the application for a building permit, a complete list of preliminary data
on items for which Shop Drawings are to be submitted. Approval of this list by the Contract
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Administrator, which approval shall be in writing, shall in no way relieve DESIGN/BUILD FIRM
from submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to expedite final
approval of Shop Drawings.
42.03 After the approval of the list of items required in Subsection 42.02, DESIGNiBUILD
FIRM shall promptly request Shop Drawings from the various manufacturers, fabricators, and
suppliers.
42.04 DESIGN/BUILD FIRM shall thoroughly review and check the Shop Drawings and each
and every copy shall show DESIGN/BUILD FIRM'S approval thereon.
42.05 lf the Shop Drawings show or indicate departures from the Contract requirements,
DESIGN/BUILD FIRM shall make specific mention thereof in its shop drawing submittal and a
separate letter. Failure to point out such departures shall not relieve DESIGN/BUILD FIRM from
its responsibility to comply with the Contract Documents. Contract Administrator shall
determine acceptability of change and, in considering said change, may require data, technical
comparisons, cost comparisons, quality comparisons and/or calculations to determine the
equality of deviations. Contract Administrator is not obligated to accept deviations.
42.06 No work called for by Shop Drawings shall be done until the said Drawings have been
furnished to and accepted, in writing, by the Contract Administrator. Contract Administrator shall
respond to Shop Drawings pre-approved by Consultant with objections or acceptance within ten
(10) business days of receipt. Acceptance is for design intent only and shall not relieve
DESIGN/BUILD FIRM and Consultant from responsibility for fit, form, function, quantity or for
errors or omissions of any sort on the Shop Drawings.
42.07 No acceptance will be given to partial submittal of Shop Drawings for items which
interconnect and/or are interdependent. lt is DESIGNiBUILD FIRM'S responsibility to assemble
the Shop Drawings for all such interconnecting and/or independent items, check them, and then
make one (1) submittal to the Contract Administrator, along with DESIGN/BUILD FIRM'S
comments as to compliance, noncompliance, or features requiring special attention.
42.08 lf catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink. Catalog sheet with multiple options shall be highlighted to depict specific
pertinent data including options.
42.09 DESIGN/BUILD FIRM shall submit to
submissions of Shop Drawings shall be made
obtained.
Contract Administrator eight (8) copies. Re-
in the same quantity until final acceptance is
42.10 Contract Administrator's acceptance of the Shop Drawings, as approved by
DESIGN/BUILD FIRM, will be for general compliance with the Plans and Specifications, and
shall not relieve DESIGN/BUILD FIRM of responsibility for the accuracy of such Drawings, nor
for the proper fittings and construction of the Work, nor for the furnishing of the Materials or
Work required by the Contract and not indicated on the Drawings.
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42.11 DESIGN/BUILD FIRM shall keep one (1) set of Shop Drawings, marked with the
Contract Administrator's acceptance, at the Project site at all times.
42.12 The DESIGN/BUILD FIRM shall submit a Schedule of Values to the Contract
Administrator as specified in the Technical Specifications. DESIGNiBUILD FIRM shall submit to
the Contract Administrator a separate Schedule of Values for demolition, abatement, and site
work thirty (30) calendar days prior to commencing such portion of the Work. The schedule will
be typed on 8-112" x 11" white paper listing: title of Prolect, location, Project number, Consultant,
Contractor, Contract designation, and date of submission. The schedule shall list the installed
value of the component parts of the work in sufficient detail to serye as a basis for computing
values for progress payments during the construction. The table of contents of the specifications
shall establish the format for listing the component items. Each line item will be identified by the
number and title of the respective major section of the specifications. For each line item,
DESIGNiBUILD FIRM shall list the sub-values of major products or operations under the item.
Each item shall include the proportion of DESIGN/BUILD FIRM'S overhead and profit. For any
items for which progress payments will be requested for stored materials, the value will be
broken down with:
42.12.01 The cost of materials delivered, unloaded, properly stored and
safeguarded, with taxes paid; and
42j2.02 The total installed value.
ARTICLE 43 F!ELD ENGINEERING
43.01 The DESIGN/BUILD FIRM shall provide and pay for field engineering services required
for the Project. This work shall include the following elements:
43.01.01 Survey work required in execution of the Project.
43.01 .02 Civil, structural or other professional engineering, architectural, landscape
architectural, or land surveying services specified, or required to execute the
DESIGN/BUILD FIRM'S construction methods.
43.02 The survey completed by DESIGN/BUILD FIRM will identify the qualified engineer or
registered land surveyor, acceptable to the CITY, and he or she shall be retained by the
DESIGN/BUILD FIRM at the outset of this Prolect.
43.03 The survey will locate and protect control points prior to starting site work, and will
preserve all permanent reference points during construction.
43.03.0'1 No changes or relocations will be made without prior written notice to the
Contract Administrator.
43.03.02 A written report shall be
reference point is lost or destroyed,
changes in grades or locations.
Contract Administrator when any
relocation because of necessary
made to the
or requires
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43.03.03 The surveyor shall be requlred to replace Project control points which
may be lost or destroyed. The surveyor shall be duly registered as a surveyor or
mapper, as required by state law.
43.03.04 Replacements shall be established based upon original survey control.
ARTIGLE 44 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
44.01 The entire responsibility for establishing and maintaining a line and grade in the field lies
with DESIGN/BUILD FIRM. DESIGN/BUILD FIRM shall maintain an accurate and precise
horizontal and vertical record of the existing pavement conditions; final pavement conditions;
and all pipe lines, conduits, structures, underground utility access portals, handholes, fittings,
etc. encountered or installed during construction. DESIGN/BUILD FIRM shall deliver these
records in good order to the Contract Administrator as the work is completed. These records
shall serve as a basis for "as-built" drawings. The cost of all such field layout and recording work
is included in the Contract Price.
44.02 DESIGN/BUILD FIRM shall maintain in a safe place at the site, one (1)record copy of
the Plans and Specifications, addenda, written amendments, Change Orders and written
interpretations and clarifications, in good order and annotated to show all changes made during
construction. These record documents, together with all approved samples and a counterpart of
all approved Shop Drawings, will be available to Contract Administrator for reference. Upon
completion of the Project, these record documents, samples and Shop Drawings shall be
delivered to Contract Administrator.
44.03 At the completion of the Project, the DESIGN/BUILD FIRM shall turn over to the CITY a
set of reproducible drawings (Mylars) and a complete set of all drawings in the latest version of
AutoCAD on Compact Disk, not compressed, which accurately reflect the "as-built" conditions of
the new facilities. All changes made to the Construction Documents, either as clarifications or as
changes, will be reflected in the plans. The changes shall be submitted on Mylar at least
monthly to the Contract Administrator. These "as-built" drawings on Mylar and the latest version
of the AutoCAD format media must be delivered and found to be acceptable prior to final
payments.
ARTICLE 45 SAFETY AND PROTECTION
45.01 DESIGN/BUILD FIRM shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project. DESIGN/BUILD FIRM shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
45.01.01
thereby;
All employees on the Prolect and other persons who may be affected
45.01.02 All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
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45.01 .03 Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
45.02 DESIGN/BUILD FIRM shall comply with all Applicable Laws, for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. DESIGN/BUILD FIRM shall notify owners
of adjacent property and utilities when prosecution of the work may affect them. All damage,
injury or loss to any property referred to in Sections 45.01.02 and 45.01 .03 above, caused
directly or indirectly, in whole or in part, by DESIGN/BUILD FIRM, any Subcontractor or
Consultant, or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, shall be remedied by DESIGN/BUILD FIRM; however,
DESIGN/BUILD FIRM shall not be liable for injury or damage caused by the gross negligence or
willful misconduct of the CITY, its employees, consultants or its separate contractors.
DESIGN/BUILD FIRM'S duties and responsibilities for the safety and protection of the Project
shall continue until such time as all the Project is completed and the Contract Administrator has
issued a notice to DESIGN/BUILD FIRM that the Prolect is acceptable except, as otherwise
provided in Article 30.
45.03 DESIGN/BUILD FIRM shall designate a responsible member of its organization at the
Project site whose duty shall be the prevention of accidents. This person shall be
DESIGN/BUILD FIRM'S Project Representative unless otherwise designated in writing by
DESIGN/BUILD FIRM to CITY.
ARTICLE 46 ffhis Article left intentionallv blank)
ARTICLE 47 ( This Article left intentionallv blank)
ARTICLE 48 CLEANING UP AND REMOVAL OF EQUIPMENT
48.01 DESIGN/BUILD FIRM shall at all times keep the Project site free from accumulation of
waste materials or rubbish caused by DESIGN/BUILD FIRM'S operations. At the completlon of
the Project, DESIGN/BUILD FIRM shall remove all its waste materials and rubbish from and
about the Project as well as its tools, construction equipment, machinery and surplus materials.
lf DESIGN/BUILD FIRM fails to clean up at the completion of the Project, CITY may do so, and
the cost thereof shall be charged to DESIGN/BUILD FIRM.
48.02 CITY'S Right to Clean-Up: lf a dispute arises between DESIGN/BUILD FIRM and
separate contractors as to responsibility for cleaning up, CITY may clean up and charge the
cost thereof to the contractors responsible therefore, as the Contract Administrator shall
determine to be just. This provision is solely for cleaning.
48.03 Removal of Equipment: ln case of termination of this Agreement before completion for
any cause whatever, DESIGN/BUILD FIRM, if notified to do so by CITY, shall promptly remove
any part or all of DESIGN/BUILD FIRM'S equipment and supplies from the property of CITY,
failing which CITY shall have the right to remove such equipment and supplies at the expense
of DESIGN/BUILD FIRM.
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ARTIGLE 49 (This Article left intentionallv blank)
ARTICLE 50 BONDS AND INSURANCE
DESIGN/BUILD FIRM shall furnish, or cause to be furnished, on or before fifteen (15) days after
execution of this Agreement, the following:
50.01 Performance Bond and Payment Bond (Surety):
50.01.01 A performance bond and payment bond of the form and containing all the
provisions attached hereto and made a part hereof. Payment and Performance bonds
may be in the form of dual obligee bonds from the Contractor in the amount of the
contract between the DESIGN/BUILD FIRM and the Contractor, naming the CITY and
DESIGN/BUILD FIRM as dual obligees. DESIGN/BUILD FIRM shall provide payment
and performance bonds in the remaining amount of the Contract Price naming the CITY
as the obligee on those bonds.
50.01 .02 The Bonds shall be in the amount of one hundred percent ('100%) of the
Contract amount guaranteeing to CITY the completion and performance of the Project
covered in this Agreement as well as full payment of all suppliers, malerial persons,
laborers, or Subcontractors employed pursuant to this Project. Such Bonds shall be with
a surety company which is qualified pursuant to Section 50.03.
50.01.03 Such Bonds shall continue in effect for one year after completion and
acceptance of the Project with liability equal to one hundred percent (1000/o) of the
Contract Price, or an additional bond shall be conditioned that DESIGN/BUILD FIRM
will, upon notification by CITY, correct any defective or faulty work or materials which
appear within one year after completion and acceptance of the Project.
-oR-
50.02 Performance and Payment Guaranty:
50.02.01 ln lieu of a performance bond and payment bond, DESIGN/BUILD FIRM
may furnish an alternate form of security which may be in the form of cash, money order,
certified check, cashiers check or irrevocable letter of credit. Such alternate forms of
security shall be for the same purpose and shall be subject to the same conditions as
those applicable above and shall be held by CITY for one year after complelion and
acceptance of the Project.
50.03 Qualifications of Surety:
50.03.01 A separate performance bond and payment bond must be executed by a
surety company of recognized standing, authorized to do business in the State of Florida
as surety, having a resident agent in the state of Florida and having been in business
with a record of successful continuous operation Ior at least five (5) years.
50.03.02 ln addition to the above-minimum qualifications, the surety company must
meet at least one of the following additional qualifications:
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50.03.02.01 The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States Department
of Treasury Circular 570, Current Revisions. lf the amount of the Bond exceeds
the underwriting limitation set forth in the circular, in order to qualify, the net
retention of the surety company shall not exceed the underwriting limitation in the
circular, and the excess risks must be protected by coinsurance, reinsurance, or
other methods in accordance with Treasury Circular 297, revised September 1,
1978 (31 CFR Section 223.10 Section 223.111). Further, the surety company
shall provide CITY with evidence satisfactory to CITY, that such excess risk has
been protected in an acceptable manner.
50.03.02.02 The surety company shall have at least the following minimum
ratings in the latest revision of Best's lnsurance Report:
Amount of Bond
500,001 to 1,020,000
1,020,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10, 000, 000
1 0,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
50.04 INDEMNIFICATION OF CITY
Ratings
B+
B+
A
A
A
A
A
Category
Class I
Class ll
Class lll
Class lV
Class V
Class Vl
Class Vll
50.04.01 ln consideration of twenty-five dollars ($25.00), separately acknowledged
by DESIGN/BUILD FIRM, and other valuable consideration, DESIGN/BUILD FIRM shall
indemnify and save harmless CITY, its officers, agents and employees, from or on
account of any injuries or damages, received or sustained by any person or persons
during or on account of any construction activities of DESIGN/BUILD FIRM its
Consultant, Contractor, or any Subcontractors, Subconsultants, agents, servants, or
employees connected with the Project; or by or in consequence of any negligence of
DESIGN/BUILD FIRM, its Consultant, Contractor, or any Subcontractors,
Subconsultants, agents, servants, or employees (excluding gross negligence or willful
misconduct of CITY), in connection with the construction activities of the DESIGN/BUILD
FIRM its Consultant, Contractor or any Subcontractors, Subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper materials;
or by or on account of any act, error or omission of DESIGNiBUILD FIRM its Consultant,
Contractor, or any Subcontractor, Subconsultants, agents, servants or employees,
except to the extent caused by CITY. DESIGNiBUILD FIRM agrees to indemnify and
save harmless CITY against any claims or liability arising from or based upon the
violation of any federal, state, CITY or city laws, bylaws, ordinances or regulations by
DESIGN/BUILD FIRM, its Consultant, Contractor, Subcontractors, Subconsultants,
agents, servants or employees (excluding gross negligence or willful misconduct of
CITY). DESIGNiBUILD FIRM further agrees to indemnify and save harmless CITY from
all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against CITY on account of any claims, fees, royalties,
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or costs for any invention or patent, and from any and all suits and actions that may be
brought against CITY for the infringement of any and all patents or patent rights claimed
by any person, firm, or corporation. This consideration is separate and distinct from any
other consideration received by DESIGN/BUILD FIRM.
50.04.02 DESIGN/BUILD FIRM further agrees to indemnify, save harmless and
defend CITY, its agents, servants and employees, from and against any claim, demand
or cause of action of whatever kind or nature arising out of any negligent conduct or
misconduct of DESIGN/BUILD FIRM not included in Section 50.04.01 above and for
which CITY, its Consultant, Contractor, Subcontractors, Subconsultants, agents,
servants or employees, are alleged to be liable.
50.04.03 The indemnification provided above shall obligate DESIGN/BUILD FIRM
to defend at its own expense to and through appellate, supplemental or bankruptcy
proceeding, or to provide for such defense, at CITY'S option, any and all claims of
liability and all suits and aclions of every name and description that may be brought
against CITY which may result from the operations and activities under this Agreement
whether the construction operations be performed by DESIGN/BUILD FIRM, its
Consultant, Contractor, Subcontractors, its Subconsultants, or by anyone directly or
indirectly employed by any of the above.
50.04.04 The execution of this Agreement by DESIGN/BUILD FIRM shall obligate
DESIGN/BUILD FIRM to comply with the foregoing indemnification provision. The
obligations under this Section 50.04 shall survive termination and/or other expiration of
this Agreement.
50.05 INSURANCE: The contractor shall furnish to Department of Procurement Management,
City of Miami Beach, 1700 Convention Center Drive, 3'o Floor, Miami Beach, Florida 33139,
Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Gompensation lnsurance for all employees of the vendor as required
by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis, including Contractual
Liability, Products/Completed Operations, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage. City
of Miami Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage.
D. Professional (Design Errors & Omissions) Liability lnsurance in an amount
not less than $1 ,000,000 with the deductible per claim, if any, not to exceed 10%
of the limit of liability. The policy must be endorsed to provide coverage for up to
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three (3) years after project completion. The policy is to be on a primary basis if
other professional liability is carried.
E. lnstallation Floater lnsurance including coverage for material & equipment to
be installed during the course of this project. City of Miami Beach shall be
included as a Named lnsured on this policy, as its insurable interest may appear.
This policy shall remain in force until acceptance of the project by the City.
All deductibles for insurance required in this Agreement are the responsibility of
the Contractor.
The insurance coverage required shall include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the vendor.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less
than "Class V' as to financial strength, by the latest edition of Best's lnsurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the
latest "List of All lnsurance Companies Authorized or Approved to Do Business in
Florida" issued by the State of Florida Department of lnsurance and are members
of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days in advance notice to the ce(ificate holder.
CERTIFIGATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE, 3.d FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
ARTICLE 51 MISCELLANEOUS
51.01 ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or
pretended invention, or patent of any article, material, arrangement, appliance or method that
may be used upon or in any manner be connected with the construction of this Project or
appurtenances, are hereby included in the prices stipulated in this Agreement for said Project.
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51.02 DATUM: All elevations are to refer to the North American Vertical Datum of 1988
(NAVD).
51.03 RIGHTS OF VARIOUS INTERESTS: Whenever work being done by CITY'S forces or by
other contractors is contiguous to work covered by this Agreement, the respective rights of the
various interests involved shall be established by the Contract Administrator to secure the
completion of the various portions of the work in general harmony.
51 .04 ASSIGNMENT: This Agreement shall not be assigned or subcontracted a whole without
the written consent of the City, nor shall DESIGN/BUILD FIRM assign any monies due or to
become due to it hereunder, without the prior written consent of the City.
51.05 NO INTEREST: Any monies not paid by CITY when claimed to be due to
DESIGN/BUILD FIRM under this Agreement shall not be subject to interest. However, the
provisions of CITY'S prompt payment ordinance, as such relates to timeliness of payment, and
the provisions of Section 218.74(4), Florida Statutes, as such relates to the payment of interest,
shall apply to valid and proper invoices.
5'1 .06 OWNERSHIP OF DOCUMENTS: Drawing, specifications, design, models, photographs,
computer AutoCAD disks, repo(s, surveys, and other data provided in connection with this
Agreement and for which CITY has rendered payment, are and shall become and remain the
property of CITY whether the Project for which they are made is executed or not. lf this
Agreement is terminated for any reason prior to completion of the Work, CITY may, in its
discretion, use any design and documents prepared hereunder for the purpose of completing
the Project, provided that CITY has paid for same; and provided further that if such termination
occurs prior to completion of documents and/or through no fault of DESIGN/BUILD FIRM;
DESIGN/BUILD FIRM shall have no liability for such use; and provided further that any reuse
without the written verification or adaptation of DESIGN/BUILD FIRM for the specific purpose
intended will be without liability or legal exposure to DESIGN/BUILD FIRM. At the completion of
the Project, as part of the Project closeout, copies of all drawings on AutoCAD disks shall be
transmitted from DESIGN/BUILD FIRM to the Contract Administrator within seven (7) calendar
days of termination of this Agreement in addition to the record drawing. The provisions of this
clause shall survive termination or expiration of this Agreement and shall thereafter remain in
full force and effect. Any compensation due to DESIGN/BUILD FIRM shall be withheld until all
documents are received as provided herein. Notwithstanding the foregoing, the CITY retains
ownership of any and all documents provided to the DESIGN/BUILD FIRM and has full use
thereof without any further payment.
51,07 RECORDS
DESIGN/BUILD FIRM shall keep such records and accounts and require its Contractor,
Consultant, and Subcontractors to keep records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement. Such
books and records will be available at all reasonable times for examination and audit by CITY
and shall be kept for a period of three (3) years after the completion of the Project pursuant to
this Agreement. lncomplete or incorrect entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such entries.
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51.08 NONDISCRIMINATION, EOUAL
AMERICANS WITH DISABILITIES ACT
EMPLOYMENT OPPORTUNITY, AND
DESIGN/BUILD FIRM shall not unlawfully discriminate against any person in its operations and
activities in its use or expenditure of the funds or any portion of the funds provided by this
Agreement and shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act in the course of providing any services funded in whole or in part by CITY,
including Titles I and 1'1 of the (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards.
DESIGN/BUILD FIRM'S decisions regarding the delivery of work and services under this
Agreement shall be made without regard to or consideration of race, age, religion, color, gender,
sexual orientation, national origin, marital status, physical or mental disability, political affiliation,
or any other factor which cannot be laMully or appropriately used as a basis for service delivery.
DESIGNiBUILD FIRM shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, gender,
sexual orientation, national origin, marital status, political affiliation, or physical or mental
disability. ln addition, DESIGN/BUILD FIRM shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms
and conditions of employment, training (including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual orientation,
national origin, marital status, political affiliation, or physical or mental disability during
employment. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall not engage in or commit any discriminatory practice in violation of
the CITY'S Human Rights Ordinance, as same may be amended form time to time, in
performing the Scope of Services or any part of the Scope of Services of this Agreement.
5'1 .09 NO CONTINGENT FEE: DESIGN/BUILD FIRM warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
DESIGN/BUILD FIRM to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for DESIGN/BUILD FIRM, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this provision, CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the Contract Price, or otherwise recover, the full
amount of such fee, commission, percentage, gift or consideration.
51.10 ALL PRIOR AGREEMENTS SUPERSEDED: AMENDMENTS: The Contract Documents
incorporate and include all prior negotiations, correspondence, conversations, agreements or
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understandings applicable to the matters contained herein, and the parties agree that there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in the Contract Documents. Accordingly it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a wrilten document executed with the
same formality and of equal dignity herewith.
51 .11 NOTICES: Whenever either party desires to give notice unto the other, it must be given
by written notice, sent by certified United States mail, with return receipt requested, addressed
to the party for whom it is intended, at the place last specified; and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
FOR CITY:
City of Miami Beach
Capital lmprovement Projects Office
1700 Convention Center Drive
Miami Beach, Florida 33139
cio CIP Director
WITH COPY TO:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
c/o City Manager
and
City of Miami Beach
'l 700 Convention Center Drive
Miami Beach, Florida 331 39
c/o City Attorney
FOR DESIGN/BUILD FIRM:
51.12 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this Agreement by
DESIGN/BUILD FIRM shall act as the execution of a Truth-in-Negotiation Certificate stating that
wage rates and other factual unit costs supporting the compensation of this Agreement are
accurate, complete, and current at the time of contracting. The original Contract Price and any
additions thereto shall be adjusted to exclude any significant sums by which CITY determines
the Contract Price was increased due to inaccurale, incomplete, or non-current wage rates and
other factual unit costs. All such Contract adjustments shall be made within one (1) year
following completion and acceptance of the Project.
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51 .13 INTERPRETATION: The parties hereto acknowledge and agree that the language used
in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to
either pa(y hereto. The headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall include
the plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the
particular sentence, paragraph or section where they appear, unless the context requires
othenivise. Whenever reference is made to a Section or Article of this Agreement, such
reference is to the Section or Article as a whole, including all of the subsections and
subparagraphs of such Section or Article, unless the reference is expressly made to a pa(icular
subsection or subparagraph of such Section or Article.
51.14 RECYCLED CONTENT: ln support of the Florida Wasle Management Law,
DESIGNiBUILD FIRM is encouraged to supply any information available regarding recycled
material content in the products provided. CITY is pa(icularly interested in the type of recycled
material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled
material contained In the product. CITY also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the product
has served its intended purpose.
51.15 PUBLIC ENTITY CRIMES ACT: ln accordance with the Public Entity Crimes Act,
Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other
provider, who has been placed on the convicted vendor list following a conviction for a Public
Entity Crime, may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of a public
building or public work, may not submit bids on leases of real property to the CITY, may not be
awarded or perform work as a contractor supplier, Subcontractor or consultant under a contract
with the CITY and may not transact any business with the CITY in excess of the threshold
amount provided in Section 287.017, Florida Statutes, as amended, for category two purchases
for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
Violation of this section shall result in cancellation of the CITY purchase and may result in
debarment.
51.16 APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami-Dade
County, Florida, and if legal action is necessary by either party with respect to the enforcement
of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall
be in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTMCT, DESIGN/BUILD
FIRM AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE PROJECT.
DESIGN/BUILD FIRM SHALL SPECIFICALLY BIND ITS PROJECT TEAM MEMBERS AND
ANY AND ALL SUBCONTMCTORS TO THE PROVISIONS OF THE CONTRACT.
51.'17 PUBLIC INFORMATION: This DESIGN/BUILD FIRM shall employ or subcontract a
professional Public lnformation Officer, approved by the Contract Administrator, to coordinate
the public information component of the Work. The Public lnformation Officer shall be
responsible for writing public involvement plans for the Project; identifying potential impacts to
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the public as a result of Contract Documents; preparing and disseminating collateral materials to
the public; developing strategic alliances and partnerships with the community; preparing and
presenting project information for meetings; coordinating resolution of issues; maintaining a
database of stakeholders; preparing information for CITY website updates; performing media
responses in writing, as needed; coordinating formal and informal public meetings; and
executing other duties relevant to the position, as deemed necessary by the Contract
Administrator. At a minimum, the DESIGN/BUILD FIRM'S public relations, community
involvement and customer service work, as it relates to the Project, shall include, at no
additional cost to the CITY, the following:
1. Developing a Public lnvolvement Plan;
2. Developing Project-related informational material;
3. Communicating Project information and addressing concerns;
4. Preparing related media communications and informational materials;
5. Coordinating emergency communications;
6. Developing presentations and talking points;
7. Planning, organizing and attending special events and meetings :8. Preparing audio/video presentations;
9. Writing newsletters and feature stories; and
10. Translating collateral material developed.
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lN WRFPESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
ATTEST: THE CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
DESIGN/BUILD FIRM MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
[f incorporated sign below]
DESIGN/BUILD FIRM/
ATTEST:
(Secretary)
(Corporate Seal)
(President)
(Print Name and Title)
day of _, 20
ctTY REQUTRES F|VE (5) FULLY-EXECUTED CONTMCTS, FOR DTSTRTBUTTON.
By:
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OO7O8. FORM CERTIFICATE OF INSUMNCE
A certificate of insurance form will be attached here.
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OO71O. FORM OF PERFORMANCE BOND
BY THIS BOND, WE
hereinafter called Contractor ,
to the City of Miami Beach,
as Principal,
as Surety, are bound
Obligee, hereinafter called City, in the amount of
($_) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.:awarded the day of , 20-, with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1.Performs the Contract between Contractor and City for construction of
the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
and
Florida, as
Dollars
2.
3.
Pays City all losses, liquidated damages,
appellate proceedings, that City sustains
Contract; and
Performs the guarantee of all work and
time specified in the Contract; then THIS
FULL FORCE AND EFFECT.
expenses, costs and attorney's fees including
as a result of default by Contractor under the
materials furnished under the Contract for the
BOND IS VOID, OTHERWISE IT REMAINS IN
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Prolect in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Proposer, or, if City elects, upon determination by
City and Surety jointly of the lowest responsible Proposer, arrange for a
contract between such Proposer and City, and make available as work
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progresses (even though there should be a default or a succession of defaults
under the Contract
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this _ day of
WRFPESSES:
Secretary
(coRPoRATE SEAL)
IN THE PRESENCE OF:
20
(Name of Corporation)
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
By:
By:
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128
OO72O. FORM OF PAYMENT BOND
BY THIS BOND, WC
hereinafter called Contractor ,
as Principal,
as Surety, are bound
to the City of Miami Beach, Florida,as Obligee, hereinafter called City, in the amount of
Dollars ($-) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.:awarded the day of 20-, with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
Promptly makes payments to all claimanls 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, lT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1.A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.2.
and
1.
2.
2.3.
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129
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Conlract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this _ day of 20
Contractor
(Name of Corporation)
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
(Signature)
(Print Name and Title)
day of 20
INSURANCE COMPANY:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
By:
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130
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
t,certify that I am the Secretary of
Payment Bond
who signed the
the corporation named as Principal in the foregoing Performance and
(Performance Bond and Payment Bond); that
Bond(s) on behalf of the Principal, was then of said corporation; that I know
hisiher signature; and his/her signature thereto 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 of)
Corporation
STATE OF FLORIDA
couNTY oF M|AM|-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being by me
)
)SS
first duly sworn upon oath says that he/she has been
Performance and Payment Bond (Performance Bond
Contractor named therein in favor of City.
Subscribed and Sworn to before me this
20
My commission expires:
Bonded by
authorized to execute the foregoing
and Payment Bond) on behalf of
day of
Notary Public, State of Florida at Large
lffi | RFP 2014-2s3-YG
131
Beneficiarv:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of lssue
lssuing Bank's No.
Applicant:
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, lssuer name)
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing
is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and between the City of Miami Beach,
Florida and (contractor), pursuant to the
(applicant, customer) Bid/Contract No. _ for
and Section 255.05, Florida Statutes.
(name of project)
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami Beach with written notice of our intent to terminate the credit herein
extended, which notice must be provided at least thirty (30) days prior to the expiration date of
the original term hereof or any renewed one (1) year term. Notification to the City that this
at
I0{ I RFP 2O14-213-YG
132
Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a
default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall
not in any way be modified, or amplified by reference to any documents, instrument, or
agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one ('1 ) year after the Final Completion
of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
lnternational Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions
of Florida law. lf a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. lf a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
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133
OO9OO. SUPPLEMENTARY SPECIFICATIONS
(Not Applicable)
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134
OO92O. ADDITIONAL ARTICLES:
t ] 1. Prevailino Waqe Rate Ordinance [N/A]
This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960
provides that in all non-federally funded construction contracts in excess of one
million dollars to which the City of Miami Beach is a party, the rate of wages and
fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe beneflt
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;b. sewer, except sewage treatment facilities and lift stations;c. storm drainage;d. road construction, except bridges or structures requiring pilings;
ande. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus
shelters, bus benches and signage.
[.NOTE: INSERT lF APPLICABLE]
tl 2. Federal Grant Proiects: [N/A]
2.1. By virtue of the fact that the funding of this Project will be delivered in fullor in part from the United States government through
federal assurances must follow
the grant application in addition to any and all supervening assurances
set fo(h in Rules and Regulations published in Federal Register or CFR.
Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.00922.
2.2.
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135
00922, STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960
No.
Contract No.Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated
(Contractor)
(Signature)
(Print Name and Title)
STATE OF
COUNTY OF
personally known to me or who has produced
identification and who did/did not take an oath.
WRFPESS my hand and official seal, this day of 20
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
My commission expires:
20
By:
By:
SS
The foregoing instrument was acknowledged before me this day of
20_, by who is
AS
los I RFP 2Ot4-2s3-YG
(Serial number, if any)
136
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
Contract No.
Project Title
The undersigned Contractor hereby swears under penalty of perjury that, during the
period covered by the application for payment to which this statement is attached, all
mechanics, laborers, and apprentices, employed or working on the site of the Project,
have been paid at wage rates, and that the wage rates of payments, contributions, or
costs for fringe benefits have not been less than those required by the Davis Bacon Act
and the applicable conditions of the Contract.
Dated
Contractor
(Signature)
(Print Name and Title)
STATE OF
COUNTY OF
The foregoing was acknowledged before me this
who
personally known to me or who has produced
identification and who did/did not take an oath.
WRFPESS my hand and official seal, this day of
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
My commission expires:
No.
20
By:
By:
)
)SS
)
instrument20-, by
day of
is
AS
20
(Serial number, if any)
RFP 20r4-253-YG
137
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
Consultant:
To (City):
BID/CONTRACT NUMBER:
Contractor :
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by Contractor under
the Contract Documents have been received and accepted. The Date of Substantial
Completion of the Project or poftion thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by City is the date certified by Consultant
when all conditions and requirements of permits and
regulatory agencies have been satisfied and the Work, is
sufficiently complete in accordance with the Contract
Documents, so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
A list of items to
City, is attached
be completed or corrected, prepared by Consultant
hereto. The failure to include any items on such list
and approved by
does not alter the
r0 | RFP 2014-2s3-YG
138
responsibility of Contractor to complete all work in accordance with the Contract
Documents. The date of commencement of warranties for items on the attached list will
be the date of final payment unless othenarise agreed in writing.
Consultant BY DATE
ln accordance with Section 2.2 of the Contract, Contractor will complete or correct the
work on the list of items attached hereto within
above Date of Substantial Completion.
from the
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 Contractor for security, maintenance, heat, utilities,
damage to the work and insurance shall be as follows:
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139
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
Consultant:
BID/CONTRACT NUMBER:
Contractor:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
To (City):
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
Consultant DATE
City, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date)
City of Miami Beach, Florida
By Contract Administrator Date
BY
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140
OO93O. FORM OF FINAL RECEIPT:
[he following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this _ day of 20 , from City of
DollarsMiami Beach, Florida, the sum of
($-)asfullandfinalpaymenttoContractorforallworkandmaterialsforthe
Project described as:
This sum includes full and final 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. ln lieu of this certification regarding payment for
work, materials and supplies, Contractor may submit a consent of surety to final payment in a
form satisfactory to City.
Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes
(Sales and Use Tax Act), as amended, have been paid and discharged.
[f incorporated sign below.]
Contractor
ATTEST:
Olame of Corpor o")
By:
(Secretary)
(Corporate Seal)
incorporated sign below.l
WRFPESSES:
(Signature)
(Print Name and Title)
day of
Contractor
20_[f not
(Name of Firm)
By:
(Signature)
lls l RFP 2O14-253-YG
(Print Name and Title)
141
day of 20
1l{ | RFP 2O14-253-YG
142
O4OOO. ACKNOWLEDGEMENT OF ADDENDA
REQUEST FOR PROPOSALS (RFP) No.2014-253-YG
DESIGN/BUILD SERVICES FOR s4"REDUNDANT SEWER FORCE MAIN
Directions: Complete Part I or Part ll, whichever applies.
Part l: Listed below are the dates of issue for each Addendum received in connection with this
Proposal:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No.4, Dated
Addendum No. 5, Dated
Part ll:No addendum was received in connection with this Proposal.
Verified with Procurement staff
Name of Staff Date
Proposers- Name Date
Signature
I15l RFP 2014-2s3-YG
143
O5OOO. CUSTOMER REFERENCE LISTING
General Contractor (andior Sub-Contractors) shall furnish the names, addresses, telephone, fax
numbers and e-mail addresses of a minimum of 8 references of a minimum of four (4) separate
completed projects.
Company Name
Address
1)
Fax:
2)
Fax:
3)Company Name
Address
Contact Person/Contract Amou nt
Telephone:
E-mail:
Fax:
4)Company Name
Address
Contact Person/Contract Amount
Telephone:
Contact PersoniGontract Amount
Telephone:
E-mail:
Company Name
Address
Contact Person/Gontract Amou nt
Telephone:
E-mail:
116l RFP 2Ot4-253-YG
Fax:
144
E-mail:
5) Company Name
Address
Telephone:_
E-mail:
Contact Person/Gontract Amount
Fax:
6) Company Name
Address
Contact Person/Contract Amount
Telephone:
E-mail:
Fax:
7) Company Name
Address
Contact Person/Contract Amount
Telephone:
E-mail:
Fax:
8) Company Name
Address
Contact Person/Contract Amou nt
Telephone:
E-mail:
Fax:
11? I RFP 2014-2ss-YG
145
Name
Tel:_
E-Mail:
O6OOO. SUB-CONTRACTOR LISTING INFORMATION
REQUEST FOR PROPOSALS (RFP) No.2014-253-YG
DESIGN/BUILD SERVICES FOR 54'' REDUNDANT SEWER FORCE MAIN PROJECT
SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name:
Tel:
E-Mail:
Name
Te!:_
E-Mail:
11S I RFP 2014-2s3-YG
(Attach additional forms if necessary)
146
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