Contract between the CMB and Poole & Kent Company of Florida pursuant to ITB-2024-238-01-ND- sewer pump station 28 rehabilitation , C zy z/3/.?s
Docusign Envelope ID:6763D9AE-275A-4CF5-9A2C-E�D5A327A524
Contract No. 24-238-01
CONTRAC7 �Ak p 4 2025
7HIS CC3NTRA�T("Contract")is made and entered inko as of the __by
and befween the City of Miami Beach, Fior'rda, � municipal corporation(the°Gity")and
PC?OLE& KENT COMPANY OF FLORiDA(the°Contractor"):
WI'PfdESSETH, that the Contractor, for and in consideration of the payments hereinafter
specified and agreed to be made by the City, hereby covenants and agrees to furnish and
deliver all the materials required,to do and perform afl the work and labor,in a satisfactory
and workmanlike manner, required to compiete this Contract within the time speciffed, in
strict and entire conformity with the Pl�ns, Specifications, and other Contract Dacuments,
which are horeby incorporated into this Contract by reference, for:
ITB-2024-238-01-ND-SEWER PUMP STATION 28 REHABfLITATIqN
The Contractor agrees to make payment of all proper charges For labor and material5
required in the aforementioned work, and to defend, indemnify, and save harmless City,
and their respective officers and employees, from liabilities, damages, losses, and costs
including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recktessness, or intentional wrongful misconduct of Contractor and persons
employed or utilized lay Contractor in the pertormance of this Contract.
The requirements of the Contract Dor,uments,as such term is defined in the Invitation to
Bid, are hereby incorporated by reference to the General Conditions for Construction
Contracts dated April 13, 2020, Forrnal Solicihation Tem�s&Conditions—Goods and Services
dated October 27,2022,and Grants and Faderai Requirements dated April 20,2020,are hereby
incorporated by reference as if fully set forth herein. Without limiting the foregoing, the
Contract Dacuments expressly include this Cantract, Composite Attachment A(the City's
General Conditians for Construction Contracts, Forma{ Solicitation Terms & CondiGons —
Goods and Sen+ices, Grants and Federal Requirements), Attachment B (Pians and
Specifications, Invitation to Bid No. 2024-238-ND-SEWER PUMP STATION 2$
i2EHABiLlTATION and ali Addenda thereto), Attachment C (Sunbiz Entity Detail and
Contractor's Response to the ITB), and Attachment D(Insurance requirements). For the
avoidance of doubt, all of the documents canstituting the Contract Documents now or
he�eafter existing (including any Change Orders, Work Orders, Field Orders, schedules,
shap drawings issued subsec�uent io the dafe of this Contract, etc.) shall govern this
Project. The Anti-Human Trafficking Affidavit is hereby incorporated into this Agreement
as Attachment E.
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Docusign Envelope ID:6763D9AE-275A-4CF5-9A2C-EOD5A327A524
Contract No. 24-238-01
in cansiderakion of these premises, the City hereby agree5 ta�ay ta the Contractar for th�
work, when fully completed, the tatal maximum sum of forty-three miElion, nine hundred
twelve thousand dollars($43,912,000.00}. 1`he Gontract Price consists af the followiny
accepted items or schedutes af work as taken from the Gontractor's Bid Submittal:
Total Base Bid+indemnification...........................................................$38,644,975.00
All o w a n ce s.......................................................................................�1,2T5,025.00
Totai C7wner's Contingency................................................................$3,992,Q00.00
Contract Price...............................................................................$43,912,000.00
The Contract Price,exciusive offhe t�wner's Cantingency and Permit Aifowance,includes,
without limifatian, ail costs for al( fabor, rnaterials, equiprnenf, fixtures, freight, fieid
supervision, supsrvisory expenses, project vehicles, fie{d office and equipment, postage
and delivery, safety and first aid, telephone, transportation af emp(oyees, parking,
insurance, taxes, preparation and maintenance of the construction schedule and the
preparation of as-built and shop drawings, as weli as Contractor's overhead and prafit
required for compietion of al!the Work in accordance with the requirements af the Contract
pocuments, including work reasonably inferable therefrom,even if such items of Work are
not specifically or expressiy identified as pa�t of � line item in the Bid 1'rice Farm. The
Contract Price is subject to such additions and deductians as may be prnvided far in the
Gontracf Documents. Progress and Final Payrnents will be made as provided for in the
Contract Documents.
Cvntracf Time:
Contract Tirne and Schedule
Days for Substantial Completion: 73p calendar days
C7ays for Final Completion: 9U calendar days
Liquida�ed Dam���$
Failure ta achieve Substantial Campletian: �7L7�2.0Q/dav
Failure ta achieve Fina! Completian: 7 742.aaia�
(BALANCE OF PAGE If�TENTIONALLY LEFT BLANK]
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Docusign Envelope ID:6763D9AE-275A-4CF5-9A2GEOD5A327A524
Contract No. 24-238-01
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested,or by hand-
delivery with a request far a wriften receipt of acknowledgment of delivery, addressed to
the party for wham it is intended at the piaee last specified.
The place for giving notice shail remain the same as set forth herein, unless such notice
informatian is revised in a Cantract arnendment duly executed by ihe City and the
Contractor. For the present, the parties designate the foliowing:
For Ci :
City of Miami Beach
Public Works Department-� Engineerin� division
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Bredford Kaine, Public Works Interim Directar
Ph: 305-673-7616 ext. 3541
Em�il: bradfordf<aina�r77i,:�i.r�ibnach{i.�ov
With capies to:
City Attorney
City of Miami B�ach
1700 Convention Center Urive
Miami Beach, FL 33139
Attn: Ricardo Dopico, City Attarney
Ph: 305-673-70Q0
Email: ricardoc+opico(crJrni�rrikieachfl.gav
For Contractor:
POOLE& KENT COMf�ANY C�F FLORIL�A
Attn: Brian MacGlugage, Executive V.P.
1781 N.W. North River Drive
Miami, FL 33125
Ph: 954-401-4612
Email: brianm�p4cflorid�.ct�m
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Docusign Envelope ID:6763D9AE-275A-4CF5-9A2GEOD5A327A524
Contract No. 24-238-01
IN WITNESS WHEREOF,the above parties have caused this Contract to be executed by
their appropriate officiais as of the date first above written.
FOR CITY:
AT7EST: CITY OF MIAMI BEACH, FLORIDA
.; �
By: By: ,�,r
Rafael E. G nado, City Clerk Eric Carpenter, City Manager
Date: �A�? l�,� 2Q25
�=',""B',�,.C�'�., APPROVED AS TO
(seal� i�`�' �ti�� FORM & LANGUAGE
f : ' � & FOR EXEGUTION
� =.INtOAP OIATE0.
.� '�•`".' �?' '1 ��,t,�'" U���ZS
,q � •;��c,_
�'���'N 26' � City Attorney �� Date
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FOR CONTRACTOR:
POOLE& KEN7 COMPANY OF F�ORIDA
By.�""'� -
Name: Patrick H.Carr, Presitlent&CEO
Date: February 20, 2025
(sealj
., � .
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