HomeMy WebLinkAbout25616AGREEMENT INFORMATION
AGREEMENT NUMBER
25616
NAME/TYPE OF AGREEMENT
RF CONSTRUCTION GROUP INC.
DESCRIPTION
DESIGN -BUILD AGREEMENT/DEVELOPMENT OF SINGLE-
FAMILY HOMES OR TWIN HOMES ON CITY -OWNED VACANT
LAND RFP NO. HCD 2024-01/FILE ID: 17187/R-25-
0110/MATTER ID: 25-465/#78
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/2/2025
DATE RECEIVED FROM ISSUING
DEPT.
6/13/2025
NOTE
9‘5ko w
DESIGN -BUILD AGREEMENT
between
THE CITY OF MIAMI ("CITY")
and
RF CONSTRUCTION GROUP INC. ("CONTRACTOR")
for
DESIGN/BUILD SERVICES
FOR THE DEVELOPMENT OF SINGLE-FAMILY HOMES OR TWIN
HOMES ON CITY -OWNED VACANT LAND
RFP NO. HCD 2024-01
Section 1 - Definitions
1. Definitions
1.1. Additional Services means any Work defined as such in a Work Order, secured in compliance with
Florida Statutes and the Code of the City of Miami, Florida, as amended ("City Code").
1.2. Architect of Record (AOR) means a designation reserved, usually by law and regulations, for a
person or organization professionally qualified and licensed in the State of Florida to perform
architectural services. The Architect must be currently licensed and certified as an Architect in the
State of Florida.
1.3. Attachments mean any Attachments to this Agreement which are expressly incorporated by reference
and made a part of this Agreement as if set forth in full.
1.4. Base Fee means the amount of compensation mutually agreed upon for the completion of Basic
Services.
1.5. Basic Services means those services designated as such in this Agreement.
1.6. Basis of Design means a specific manufacturer's product that is named; including the make or model
number or other designation, establishing the significant qualities related to type, function, dimension,
in-service performance, physical properties, appearance, and other characteristics for purposes of
evaluating comparable products of other manufacturers.
1.7. Bid means the response submitted by the Contractor to the RFP, which includes the price, authorized
signature and all other information or documentation required by the Contract Documents at the time
of submittal.
1.8. CFR means Code of Federal Regulations, as may be amended from time to time.
1.9. Change Order means a written document ordering a change in the Contract Price or Contract Time or
a material change in the Work. A change order must comply with the Contract Documents.
1.10. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder,
City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its
regulatory authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred
pursuant to City's authority as a governmental body and shall not be attributable in any manner to the
City as a party to this Contract. For the purposes of this Contract, "City" without modification shall
mean the City Manager or Director of the Department of Housing and Community Development, as
applicable.
1.11. City Code means the City of Miami Code of Ordinances, as amended. The City Code may be
referred herein alternatively as the "Code."
1.12. City Commission means the legislative body of the City of Miami.
1.13. City Manager means the duly appointed chief administrative officer of the City of Miami.
Design/Build Services for the
Development of Single -Family Homes or 1 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
1.14. Construction Change Directive means a written directive to effect changes to the Work, issued by
the Consultant or the Director that may affect the RFP Contract price or time.
1.15. Construction Engineering Inspection (CEI) means an individual or an organization (assigned by
the Department Director) responsible in assisting the City's Project and Construction Managers in
Contract administration, site inspections, material sampling and Project close-out.
1.16. Construction Manager (CM) means the individual or organization assigned by the Department
Director whose duties include reviewing Project documents during the design phase and managing the
construction phase that include, but not limited to, directing and coordinating construction activities
associated with the Project.
1.17. Construction Schedule means a critical path schedule or other construction schedule, as defined
and required by the Contract Documents.
1.18. Consultant means the firm who has entered into an agreement with the Contractor to be the
Architect of Record and lead design firm under this Contract.
1.19. Contract means this document which has been executed by the contractor and the City
subsequent to the approval of the award by the City. This Contract may be referred to herein
alternatively as the "Agreement."
1.20. Contract Documents means the Contract as may be amended from time to time, the RFP, the
Addenda, the Response to the RFP, the City approved Design Documents for RFP prepared by
Contractor, the City approved Scope of Work prepared by Contractor and on file with the Department
of Housing and Community Development, and the Price Schedule, attached and incorporated as
Exhibit "B" which provides Contractor's agreed upon Stipulated Lump Sum cost for each Model as the
Guaranteed Maximum Price for each home to be built pursuant to this Contract which is inclusive of all
labor, materials, supplies, equipment, architectural, engineering or construction costs, permit fees, and
all similar costs or charges, final Model construction plans & specifications developed by the
Contractor in accordance with Exhibit "B," and any change orders, payments, modifications, directives,
and clarifications to this Contract or relating to the Project. The above referenced documents are all
deemed as being incorporated by reference herein and are supplementary terms and conditions of this
Contract, provided, however, that, if there is an express conflict between the Contract language and
the attachments, the latter will control.
1.21. Contractor means the person, firm, or corporation with whom the City has contracted and who will
be responsible for the acceptable performance of any Work and for the payment of all legal debts
pertaining to any Work issued under this Contract. The Contractor may be referred to herein
alternatively as the "Design Build Firm."
1.22. County means Miami -Dade County, FL.
1.23. Cure means the action taken by the Contractor promptly after receipt of written notice from the City
of a breach of the Contract Documents which shall be performed at no cost to the City, to repair,
replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract
Documents affected by such breach, or to otherwise make good and eliminate such breach, including,
without limitation, repairing, replacing or correcting any portion of the Work or the Project site(s)
disturbed in performing such cure.
1.24. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in
the. Work or compliance with the Contract Documents after receipt of written Notice to Cure from the
City identifying the deficiencies and the time to Cure.
Design/Build Services for the
Development of Single -Family Homes or 2 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
1.25. Department means or refers to the City of Miami Department of Housing and Community
Development ("HCD").
1.26. Design Build Firm means the person, firm, or corporation with whom the City has contracted and
who will be responsible for the acceptable performance of any Work and for the payment of all legal
debts pertaining to any Work issued under this Contract. The Design Build Firm may be referred to
herein alternatively as the "Contractor."
1.27. Design Documents means the construction plans and specifications prepared by the Contractor.
1.28. Director means the Director of the Department of Housing and Community Development, or his/her
designee, who has the authority and responsibility for managing the Project(s) under this Contract.
1.29. Drawings means the graphic and pictorial portions of the Work, which serve to show the design,
location and dimensions of the Work to be performed, including, without limitation, all notes, schedules
and legends on such Drawings.
1.30. Engineer of Record (EOR) a designation reserved, by law, for a person or qualified engineering
firm or organization qualified and licensed in the State of Florida to conduct professional engineering
services.
1.31. Field Directive means a written approval for the Contractor to proceed with Work requested by the
City, which is minor in nature and should not involve additional cost.
1.32. Final Completion means the date subsequent to the date of Substantial Completion at which time
the Contractor has completed all the Work in accordance with the Contract as certified by the architect
or engineer of record or the City and submitted all documentation required by the Contract Documents.
Final Completion shall also include the issuance of a Certificate of Occupancy and the closure of all
open permits.
1.33. Guaranteed Maximum Cost aka Guaranteed Maximum Price means the sum established by
these Contract Documents as the maximum cost to the City of performing the specified Work on the
basis of the cost of labor and materials plus overhead expenses, reimbursable expenses, and profit.
1.34. HUD means the United States Department of Housing and Urban Development.
1.35. Inspector means an authorized representative of the City assigned to make necessary inspections
of materials furnished, and of the Work performed, by Contractor.
1.36. Materials mean goods or equipment incorporated in a Project, or used or consumed in the
performance of the Work.
1.37. MBE means minority business enterprises.
1.38. Notice of Award means the letter written to the Contractor by the City, notifying the Contractor that
they have been awarded the Contract, attached and incorporated herein as Exhibit "A."
1.39. Notice to Proceed or NTP means a written letter or directive issued by the Director acknowledging
that all conditions precedent have been met and directing that the Contractor may begin Work on the
Project(s). Such NTP shall constitute the City's authorization to begin work.
Design/Build Services for the
Development of Single -Family Homes or 3 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
1.40. Physical Construction Labor Work means the completed construction services required by the
Contract Documents, completed through the use of the Contractor's own employees and excluding all
materials, supplies, and equipment incorporated or to be incorporated in such construction.
1.41. Plans and/or Drawings means the official graphic representations of a Project.
1.42. Professional Services means those services within the scope of or the practice of architecture,
professional engineering, or registered surveying and mapping, as applicable, as defined by the laws
of the State of Florida, or those performed by any architect, professional engineer, or registered
surveyor or mapper in connection with his or her professional employment or practice. These services
may be abbreviated herein as "architectural/engineering services" or "professional services", as
applicable, which are included within this definition.
1.43. Project or Work as used herein refers to all reasonably necessary and inferable design,
construction, and services required by the Contract Documents whether completed or partially
completed, and includes all other labor, materials, equipment and services provided or to be provided
by the Contractor to fulfill the (its) obligations, including completion of the construction in accordance
with the Contractor's and/or the Consultant's Drawings and Specifications. Projects shall be awarded
to the Contractor through the issuance of a Work Order. The Work may constitute the whole or a part
of the Project.
1.44. Project Manager (PM) means the individual(s) (assigned by the Director) to manage the Project(s).
The Project Manager may be referred to herein alternatively as the "Contract Administrator."
1.45. Project Site(s) means the properties identified in Exhibit "E," attached and incorporated herein. The
Project Site(s) may be referred to herein alternatively as Site(s).
1.46. Qualifier means a person whose license is attached to the Contractor's company so that the
Contractor is currently able to legally do Work in the State of Florida. The Qualifier is fully responsible
for the quality of the Work that is performed by the Contractor.
1.47. Request for Information (RFI) means a request from the Contractor seeking an interpretation or
clarification relative to the Contract Documents. The RFI, which shall be clearly marked RFI, shall
clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the
response is needed. The RFI must set forth the Contractor's interpretation or understanding of the
document(s) in question, along with the reason for such understanding.
1.48. Request for Proposals or RFP means RFP No. HCD 2021-03 including any addenda and
attachments, attached and incorporated as Exhibit "C" of this Agreement.
1.49. Risk Administrator means the City's Risk Management Administrator also known as the Director
of the Department of Risk Management, or his/her authorized designee, or the individual named by the
City Manager to administer matters relating to insurance and risk of loss for the City.
1.50. Response or Submittal means the documents submitted by the Contractor in response to the
Request for Proposals. The Response, as may have been amended during negotiations is hereby
incorporated, by reference, into the Contract and is a part of the Contract Documents and is attached
and incorporated as Exhibit "D" of this Agreement.
1.51. Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u and its associated regulations found in 24 C.F.R. Part 75.
1.52. State means the State of Florida.
Design/Build Services for the
Development of Single -Family Homes or 4 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
1.53. Subconsultant means a person, firm, or corporation having a direct contract with the Contractor or
the prime Architectural Subconsultant for the purposes of the design of this Project.
1.54. Subcontractor means a person, firm or corporation having a direct Contract with Contractor
including one who furnishes material worked to a special design according to the Contract Documents
but does not include one who merely furnishes Materials not so worked.
1.55. Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Contract such that the City can use, occupy, and/or operate the facility
in all respects to its intended purpose. Substantial Completion shall not be deemed to have occurred
until any and all governmental entities, which regulate or have jurisdiction over the Work, have
inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining
factor in determining whether Substantial Completion has been achieved, unless a temporary
certificate of occupancy has been issued.
1.56. Wage Rates means the effective direct expense to Consultant and/or Subconsultant, on an hourly
rate basis, for employees in the specified professions and job categories assigned to provide services
under this Contract that justify and form the basis for professional fees regardless of actual manner of
compensation.
1.57. WBE means women business enterprises.
1.58. Work Order means an authorization issued by the Director to the Contractor to proceed with the
construction of a Model.
1.59. Work Order Proposal means a proposal submitted by the Contractor at the request of the City for
the design and construction of a Model.
[Remainder of page intentionally left blank]
Design/Build Services for the
Development of Single -Family Homes or 5 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Section 2 — General Terms and Conditions
1. Contractor Selection
Contractor has been selected for the construction of Model(s), for which it has been selected under the Request
for Proposal process. Contractor agrees to construct the Model(s) selected by the City and on the sites as
identified by the City pursuant to its representations on its submittal.
2. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is
necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All
Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical
path and all deadlines established in the Contract Documents. Time is of the essence in performance of the
Work.
All dates and periods of time set forth in the Contract Documents, including those for the commencement,
prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of
materials and equipment, were included because of their importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the
completed Work following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance
with Section 2, Article 76, "Excusable Delay, Non-Compensable," the Contractor understands that, except and
only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the
Contractor's control shall not excuse the Contractor from its obligation to achieve full completion of the Work
within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the
control or Contract with the Contractor shall include but are not limited to material persons and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working
at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work.
3. Contract Term; Guaranteed Maximum Cost
The Contract shall commence upon issuance of the Notice of Proceed ("NTP"), which shall be issued subsequent
to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract
has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and
conditions herein set forth. The total bid amount shall be the Guaranteed Maximum Cost ("GMC") of the Project,
which means the maximum cost of the Work including labor, materials, equipment, supplies, overhead expenses,
and profit. The City will not be liable for payment of any amount in excess of the GMC unless, the City
Commission has approved a Project contingency or has approved a prior amendment to the Contract setting
forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum
Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above.
4. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price
Contractor represents, warrants and guarantees to the City that Contractor shall completely, timely, and properly
perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to
be agreed upon by the parties. This Contract Price shall constitute Guaranteed Maximum Cost/Guaranteed
Maximum Price to the City for performing the Work inclusive of labor, materials, equipment, supplies, and any
allowable overhead and profit. The City shall (absent a prior Amendment with compelling cause approved as
an Amendment to this Agreement) have no liability or obligation to pay any amount in excess of the stated
Contract Price and Contractor shall have no recourse in that respect except to seek an Amendment to the
Agreement. All costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement
or additional compensation from the City.
5. Location of the Project
Design/Build Services for the
Development of Single -Family Homes or 6 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The location of the Project(s) is identified in Exhibit "E."
6. Notices
Whenever either party desires to give written notice unto the other relating to the Contract, such must be
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 Article.
Notice shall be deemed given on the date received or within three (3) calendar days of mailing, if mailed through
the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice
shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service.
For the present, the parties designate the following as the respective places for giving of notice:
For City of Miami:
Arthur Noriega V
City Manager
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130
anoriega@miamigov.com
(305) 416-1025
Victor Turner
Director
City of Miami
Department of Community and Housing Development
444 S.W. 2nd Avenue - 9th Floor
Miami, Florida 33130
vturner(@miamigov.com
(305) 416-2080
George K. Wysong III
City Attorney
City Attorney's Office
City of Miami
444 S.W. 2nd Avenue - 9th Floor
Miami, Florida 33130
lawmiamigov.com
(305) 416-1800
For Contractor:
Rolando R. Franco
RF Construction Group Inc.
1635 SW 15th Street
Miami, Florida 33145
[Email]
[Phone]
During the Work, the Contractor shall maintain continuing communications with the Department and the Project
Manager. The Contractor shall keep the City fully informed as to the progress of the Project at all times through
ongoing communications with the Project Manager.
Design/Build Services for the
Development of Single -Family Homes or 7 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The Contractor shall notify the Miami Police Department and Fire Department about the construction
schedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers from the
Department
The Contractor must notify residents living within five hundred feet (500') of the Project in writing as least one
(1) week in advance prior to commencing Work in the general area. A copy of such notices will be provided to
the Project Manager.
7. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into the Contract
Documents by reference and a term, statement, requirement, the specifications and plans prepared by the
Consultant, or provision of the Contract Documents the following order of precedence shall apply:
In the event of conflicts in the Contract the order of precedence stated below shall govern;
• RFP Response
• Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the
more restrictive or higher quality shall govern.
• Revisions and Change Orders to the Contract
■ Contract
■ Plans & Specifications
8. Indemnification
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City and its
officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused in whole or in part by the negligence,
recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed
or utilized by Contractor in the performance of this Contract. Contractor shall further, indemnify, hold and save
harmless, and defend (at its own cost), the City and its officials and/or employees, against any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged
that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought
against the City by reason of any such claim or demand, the Contractor shall, upon written notice from the City,
resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by the
Contractor shall in no way limit the responsibility to indemnify, hold and save harmless, and defend the City and
its officers, employees, agents, and instrumentalities as herein provided.
The indemnification provided above shall obligate the Contractor pre and post construction to defend, at its own
expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and
description, which may be brought against the City, whether performed by the Contractor, or persons employed
or utilized by Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will
be interpreted under the laws of the State of Florida, including without limitation and interpretation, which
conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Contractor shall require all sub -contractor agreements to include a provision that each sub -contractor will
indemnify the City in substantially the same language as this Section. The Contractor agrees and recognizes
that the City shall not be held liable or responsible for any claims which may result from any actions or omissions
of the Contractor in which the City participated either through review or concurrence of the Contractor's actions.
In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City
in no way, assumes or shares any responsibility or liability of the Contractor or sub -contractor under this Contract.
Design/Build Services for the
Development of Single -Family Homes or 8 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration
for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly
acknowledged by the Contractor.
9. Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and
maintain in force until all of its Work to be performed under this Contract has been completed and accepted by
City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein.
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit (Per Job) $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Extended Completed Operations Endorsement proving 3 years
Coverage extension following project completion, including City as additional insured
Including Crane and Rigging Liability, as applicable
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident
B. Endorsements Required
City of Miami included as an additional insured
Including Crane and Rigging Liability, as applicable
$1,000,000
III. Worker's Compensation Limits of Liability (Part A): Statutory, per State of Florida
Employer's Liability
A. Limits of Liability (Part B)
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
Waiver of subrogation
IV. Umbrella Policy (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $2,000,000
Aggregate $2,000,000
Design/Build Services for the
Development of Single -Family Homes or 9 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
City of Miami listed as an additional Insured.
Coverage is excess follow form over all liability polices contained herein.
VI. Professional Liability/Errors & Omissions
Any licensed design professional work such as that provided by architects, engineers,
construction consultants, etc., shall maintain professional liability insurance:
Each Claim
Policy Aggregate
$2,000,000
$2,000,000
If claims made, retro Date applies prior to contract inception.
Coverage is to be maintained and applicable for a minimum of 3 years following contract
completion.
VIII. Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Total Cost of Renovation
Deductible: $25,000 Maximum
5% Maximum on Wind/Hail and Flood
A. Coverage Extensions:
City of Miami listed as loss payee
Including Storage and transport of materials, equipment, supplies of any kind to be used on
or incidental to the project.
Equipment Breakdown for testing of al mechanized, pressurized, or electrical equipment.
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer not less than (30) days prior to any such cancellation or material
change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all
insurance policies required above.
The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial
Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,
or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
10. Performance and Payment Bond
Where required by the Contract Documents or by Florida Statutes, the Contractor shall within fifteen (15)
calendar days of being issued a Work Order, furnish a Performance/Payment Bond ("Bond") containing all the
provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to City the
completion and performance of the Work covered in the Contract Documents, including the cost of design or
other nonconstruction services, as well as full payment of all suppliers, laborers, Subcontractors, Consultants,
or Subconsultants employed pursuant to this Project(s). Each Bond shall be with a surety, which is qualified
pursuant to Article 10, "Qualification of Surety."
Each Bond shall continue in effect for one (1) year after Final Completion and acceptance of the Work with
liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned
that Contractor will, upon notification by the City, correct any defective or faulty Work or materials which appear
within one (1) year after Final Completion of the Project(s).
The City must be listed as an Obligee.
Design/Build Services for the
Development of Single -Family Homes or 10 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, Contractor
shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the City with
evidence of such recording. Each bond shall substantially conform to the requirements of Section 255.05, Florida
Statutes, and will be in a form acceptable to the City's Risk Administrator.
Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms
of security, which may be in the form of cash, money order, certified check, cashier's check, or unconditional
letter of credit in the form attached. Personal or Company checks are not acceptable. Such alternate forms of
security shall be subject to the prior approval of the City and for same purpose and shall be subject to the same
conditions as those applicable above and shall be held by the City for one (1) year after completion and
acceptance of the Work.
11. Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000):
Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category
of.(VII). The surety company must be of recognized standing, authorized to do business in the State of Florida
as surety, having a resident agent in the State of Florida and having been in business with a record of successful
continuous operation for at least five (5) years.
Payment / Performance Bonds shall be in the amount of one hundred and ten percent (110%) of the Work and
shall be in substantially the form provided by Section 255.05, Florida Statutes.
The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with
United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the
underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed
the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance,
or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10,
Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk
has been protected in an acceptable manner.
12. General Requirements
The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s),
representative(s), or agent(s) of the City or any of its departments.
The Contractor shall, at all times, employ, maintain and assign to the performance of a Project(s) a sufficient
number of competent and qualified professionals and other personnel to meet the requirements of the Work to
be performed. The Contractor shall adjust staffing levels or to replace any staff if so requested by the Project
Manager, should the Project Manager make a determination that said staffing is unacceptable or that any
individual is not performing in a manner consistent with the requirements for such a position. The Contractor
represents that its staff has the proper skills, training, background, knowledge, experience, rights, authorizations,
integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner.
The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe
and proper access and use of the site by the City. The Contractor shall, at all times, cooperate with the City and
coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work.
The City shall have full access to the Project site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until formal release from its
obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account
of the amount or character of the Work, or the character of the ground, being different from what it anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least
practicable local interference. Contractor shall not open up Work to the prejudice of Work already started, and
the City may require the Contractor to finish a section on which Work is in progress before Work is started on
any additional section. Contractor is to take necessary precautions and use caution when working in or around
overhead transmission lines and underground utilities.
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The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a
detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning
that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in
the performance of the Work.
13. Section 3 and MBE/WBE/DBE Clause
13.1. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3), as
applicable. The purpose of Section 3 is to ensure that the employment and other economic opportunities
generated by the United States Department of Housing and Urban Development's ("HUD") assistance
of HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -
and very low-income persons, particularly persons who are recipients of HUD assistance for housing,
as applicable.
13.2. The parties to this contract agree to comply with HUD's regulations codified in 24 C.F.R. part 75,
which implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from complying
with the regulations contained in 24 C.F.R. part 75, as applicable.
13.3. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or worker's representative of the contractor's commitments under this section 3
clause, and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice, if applicable. The notice shall
describe the Section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the anticipated date the work
shall begin.
13.4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 C.F.R. part 75, and further agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor
is in violation of the regulations in 24 C.F.R. part 75, as applicable. If applicable, the contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor
has been found in violation of the regulations in 24 C.F.R. part 75.
13.5. The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected but before the contract is executed; and (2) with persons other
than those to whom the regulations of 24 C.F.R. Part 75 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 C.F.R. Part 75, as applicable.
13.6. MBE/WBE/DBE
13.6.1. The Contractor's selection policy and procedures shall foster the utilization of minority -owned
businesses and women -owned businesses. A minority business enterprises ("MBEs") and women
business enterprises ("WBEs") combined utilization goal of not less than twenty-five percent (25%)
of the total contract value shall be required on all contracts, as applicable.
13.6.2. The Contractor shall comply with Section 3 of the Housing and Urban Development Act of 1968
and the implementation regulations at 24 C.F.R. Part 75 (the "Section 3 Plan") , as applicable. The
purpose of Section 3 is to ensure that employment and other economic opportunities generated by
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HUD assistance shall be, to the greatest extent feasible, directed to low and very low-income
persons, particularly those who receive HUD assistance for housing, as applicable.
13.6.3. The Contractor shall formulate plans for MBEs and WBEs participation and Section 3 Hiring on
terms approved by HUD, as applicable. The Hiring and Training Plans shall specify how affirmative
action and resident hiring requirements shall be imposed, how the City's minority goals shall be met,
and how all requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, shall be met, with respect to the Development in accordance with the Section 3 Plan and
the Section 3 plans, programs and policies of the City. The Hiring and Training Plans shall be
applicable to services rendered by the Contractor, any owner entity (as applicable) and their
respective contractors and subcontractors. The Contractor shall implement or cause the owner
entities (as applicable) to implement the Hiring and Training Plans, as approved by the City.
13.6.4. The Contractor shall make affirmative outreach efforts to publicize training, employment and
subcontracting opportunities, as applicable. Notice shall be put in local newspapers and flyers shall
be distributed as appropriate. Local unions, elected officials and training organizations shall also be
notified. The Contractor's efforts under the Section 3 Plan shall be documented monthly, and as
evidenced by the execution of this Agreement, the Contractor certifies that it is under no contractual
or other impediment that would prevent compliance with 24 C.F.R. Part 75.
13.7. MBE and WBE Participation. To achieve greater participation of MBEs and WBEs in contracts
administered directly or indirectly by the City pursuant to Executive Orders 11625 and 12138, the
Contractor agrees to use its good faith best efforts to: (1) place qualified MBEs and WBEs and small
business concerns on solicitation lists; (2) divide the Development Services into smaller tasks or
quantities to permit maximum participation by MBEs and WBEs and small business concerns; (3) use
the services and assistance of the U.S. Small Business Administration, the Minority Business
Development Agency of the U.S. Department of Commerce, any local minority assistance organizations
and various state and local government small business agencies; (4) comply with such additional
requirements relating to MBEs, WBEs, and Section 3 as set forth in the hiring and training plans
developed by the Owner Entity (as applicable), and approved by the City (the "Hiring and Training
Plans").
13.8. MBEs/WBEs Report. If applicable each quarter, the Contractor shall, and shall cause each
Subcontractor to, prepare and submit to the City the Section 3, MBEs and WBEs report in the form
prescribed by the City.
13.9. Section 3. If applicable the Contractor shall, and to the extent practicable shall require its
Subcontractors to, ensure that employment opportunities shall be directed to: (1) the City's public
housing residents, then (2) low income residents of Miami -Dade County in accordance with the Hiring
and Training Plans.
13.10. Local Selection. The Development Partner agrees to use best efforts, consistent with Applicable
Public Housing Requirements and the selection policy and procedures set forth, as amended from time
to time in the sole discretion of the City, to expend not less than twenty-five percent (25%) of all
expenditures for goods and services relative to the construction and operation of the Project, with
vendors and companies located in the Miami -Dade County area. If applicable, all documentation to
support this commitment and, determination that the commitment has been met, shall be subject to the
final approval of the City.
14. Method of Performing the Work
If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion within
the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding with the Work
diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule
accepted by or determined by the City, the City shall have the right to order the Contractor to do either or both
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Twin Homes on City -Owned Vacant Land
of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule
to ensure completion of the Project within the specified time. The Contractor shall immediately comply with such
orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -
party Contractor and deduct such cost from any monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the
capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is
necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any
damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to
the satisfaction of the City. Contractor is responsible for controlling dust and preventing it from becoming a public
nuisance or causing off -site damage. Contractor shall take all necessary and prudent measures to control dust.
The Contractor shall furnish to the City a complete listing of twenty-four (24) hour telephone numbers at which
responsible representatives of the Contractor and all of the Contractor's Subcontractors can be reached should
the need arise at any time.
15. Work Staging and Phasing
The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations
of the Project site or facility. The manner in which the Work is performed shall be subject to the approval of the
City, who, if necessary, shall have the authority to require changes in the manner in which the Work is performed.
There shall be no obstruction of City services without the prior written approval of the City. All requests for such
interruption or obstruction must be given in writing to the City at least twenty-four (24) hours in advance of the
interruption of City operations.
The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it
can conduct the Work in the best possible manner to the complete satisfaction of the City. A staging plan must
be submitted to and approved by the City prior to the start of construction and issuance of the Notice to Proceed.
Such staging plan shall be revised and resubmitted as necessary during construction. As noted above self -
performance and all other similar requirements will apply jointly and severally to each phase, stage, or
incremental portion of the work.
16. Site Investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the
Contract Documents, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads,
the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities
needed preliminary to and during the performance of the Work and all other matters which can in any way affect
the Work or the cost thereof under the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may
provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and subsurface
materials to be encountered from inspecting the site and from evaluating information derived from exploratory
Work that may have been done by the City or included in these Contract Documents.
Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or
other procedures are necessary to protect adjacent property during excavation of subsoil materials or during
filling of any area(s), or for any operation during the performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and information obtained by
visiting the Project site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or
cost thereof under the Contract Documents. In the event that during the site investigation the actual subsurface
conditions .vary from the actual City provided reports the Contractor shall notify the City and these Contract
Documents amount may be adjusted up or down depending on the conditions. Such adjustment shall be at the
sole discretion of the City. Once a Work Order is issued by the City and the Work has commenced, the Contractor
shall not be entitled to a Change Order due to unforeseen conditions.
17. Existing Conditions
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Twin Homes on City -Owned Vacant Land
The site and its improvements are provided "as -is" by the City for redevelopment. No representations or
warranties are made as to its condition, state or characteristics. EXPRESS WARRANTIES AND IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND HABITABILITY ARE HEREBY
DISCLAIMED. Existing improvements and facilities, if any, that are located on the property are not to be retained
as a part of the proposed redevelopment of the site. New appraisals, testing, inspections, and/or other non-
invasive due diligence shall be at the sole cost and expense of the Contractor.
18. Environmental Conditions
The City is providing the sites for development in an "as -is" condition, without making any representation to its
environmental condition. During the due diligence period, the Contractor shall have site access to conduct
environmental site assessments, including sampling and testing of the soils, sediments and possibly the
groundwater, for the presence of asbestos -containing materials ("ACMs"). If any hazardous material is
discovered, the Contractor shall be responsible for the removal or remediation of the hazardous materials as
required by law. Satisfactory completion of the environmental review and receipt by the City of a release of funds
form or certification by HUD is required prior to the commencement of work. Contractor(s) are advised to secure
a Phase I environmental site assessment at the sole cost and expense of the Contractor.
19. Zoning
The zoning for the sites must be confirmed by the Contractor. The Contractor must ensure that the Project
complies with all applicable zoning laws, or provides a detailed evaluation of zoning changes needed to realize
the Project. Additionally, the Contractor shall incorporate any design specifications required by the City of Miami
in connection or associated with a historically significant or designated area affecting any of the subject sites.
20. Contractor to Check Plans, Specifications, and Data
Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other data
received from the City as part of the Contract Documents, and shall notify the City of all errors, omissions, and
discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be furnished by the City. Contractor
shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents
unless Contractor recognized such error, omissions, or discrepancy and knowingly failed to report it to the City.
21. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained
until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the
satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or
destroyed from any cause whatsoever.
Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or
equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the
same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner
described in the applicable section. Any fence, or part thereof, that is damaged or removed during the course
of the Work shall be replaced or repaired by the Contractor and shall be left in as good of a condition as before
the starting of the Work.
Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed incident to the construction
operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all such
destroyed or damaged landscaping and improvements.
22. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents,
for first aid service to person(s) who may be injured during the Project duration. The Contractor shall also comply
with the Occupational Safety Health Act ("OSHA") requirements as defined in the United States Labor Code 29
Code of Federal Regulations ("CFR") 1926.50.
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Development of Single -Family Homes or 15 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
In addition, the Contractor must report immediately to the City every accident to persons or damage to property,
and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents.
23. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and
programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury, or loss to:
• All employees on the Project site(s) and other persons who may be affected thereby;
• All the Work and all materials or equipment to be incorporated therein, whether in storage on or off
the Project site(s); and
■ Other property at the Project site(s) 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.
Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall be
the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in
writing by Contractor to the City.
Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body
having jurisdiction 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. Contractor shall notify owners of
adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any
property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until
such time as all the Work is completed and the City has issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If
hazardous waste materials are used, detected, or generated at any time, the Project Manager must be
immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances,
rules, orders and other legal requirements of public authorities (including OSHA, Environmental Protection
Agency ("EPA"), Department of Environmental Resources Management ("DERM"), the City, Miami -Dade County,
State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall
take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited
to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel
plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and
City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate
dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those
required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards,
trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in
accordance with all federal, State, and local regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and
pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without
the prior written approval of the Project Manager. If an emergency condition should develop during a Project,
the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor
should also recommend any appropriate course(s) of action to the Project Manager.
24. Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code ("FAC") delivered as a result of a Project must be accompanied by a Material Safety Data
Sheet (MSDS), which maybe obtained from the manufacturer. The MSDS must include the following information:
24.1. The chemical name and the common name of the substance.
24.2. The hazards or other risks in the use of the substance, including:
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Development of Single -Family Homes or 16 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
24.2.1. The potential for fire, explosion, corrosion, and reaction;
24.2.2. 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 substance; and
24.2.3. The primary routes of entry and symptoms of overexposure.
24.3. The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the substances, including appropriate emergency
treatment in case of overexposure.
24.4. The emergency procedure for spills, fire, disposal, and first aid.
24.5. A description in lay terms of the known specific potential health risks posed by the substance intended
to alert any person reading this information.
24.6. 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.
25. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools,
equipment, supplies, light, power, internal communications, transportation and other facilities and services
necessary for the proper execution and completion of the Work, whether temporary or permanent and whether
or not incorporated or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among its employees and Subcontractors at
the Project site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which
they are assigned.
26. Rules, Regulations, Laws, and Licenses
The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar required
consents and approvals relative to the provision of services, equipment, supplies and/or materials specified in
the Contract Documents, including without limitation those imposed by the federal, State, County or City
agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors, and representatives
shall be familiar with and comply with all federal, State, and local laws, rules, regulations, and approvals that
may affect the Work, goods, and/or services offered.
21. Consultant Services
The City, at its sole discretion, may hire a Consultant ("City Consultant") who shall serve as the City's
Representative for the Project to be performed under the Contract Documents. The Contract Documents will
state that a City's representative has been contracted with, for the management of the Work under the Contract
Documents and who will be the lead point of contact, the City Consultant or the Project Manager. Where a City
Consultant has been identified, the City Consultant and the Project Manager will have authority to act on behalf
of the City to the extent provided in the Contract Documents and as outlined in Section 2, Article 29, "Authority
of the Project Manager."
On the basis of the on -site observations, the City Consultant will keep the Project Manager informed of the
progress of the Work. In the capacity of interpreter, the City Consultant will exercise the best efforts to ensure
faithful performance by both the Project Manager and the Contractor and will not show partiality to either.
The Project Manager will assist the City Consultant in conducting inspections to determine the date or dates of
Substantial Completion and Final Acceptance and will receive and review written warranties and related
documents required by the Contract and the Contract Documents. The City Consultant will be responsible for
receiving all documentation for review and acceptance. Upon acceptance, such documentation will be forwarded
to the Project Manager. The Project Manager in conjunction with the City Consultant will approve Schedules of
Values, Project Schedules, Subcontractors, and invoices.
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Development of Single -Family Homes or 17 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The City may contract for additional City Consultant services, including but not limited to construction
examination and observation services. Such services are intended to be additional services and shall not be
construed to supplant or alter the role and responsibilities of the City Consultant.
In case of the termination of employment of the City Consultant, the City may, at its sole discretion, appoint
another City Consultant, whose status under the Contract shall be as that of the terminated City Consultant.
27. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including
any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract
Documents.
Project Management shall include, but is not limited to: obtaining bids from Subcontractors and suppliers;
coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply
with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction
of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining
temporary and final Certificates of Occupancy or Completion.
28. Superintendence and Supervision
The orders of the City are given through the Director or the Project Manager, which instructions are to be strictly
and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time,
competent, English-speaking superintendent, and any necessary assistants, all satisfactory to the Project
Manager. The superintendent shall not be replaced except with the written consent of the Director or Project
Manager, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in Contractor's
employ. The superintendent shall represent Contractor, and all directions given to the superintendent shall be
as binding as if given to Contractor, and will be confirmed in writing by the Project Manager upon the written
request of Contractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills and
attention. The Project Manager shall be provided telephone number(s) for the superintendent, where the
superintendent can be contacted during normal working hours as well as after hours for emergencies.
On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a minimum,
the following information in a bound log: the day; date; weather conditions and how any weather conditions
affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials,
labor, personnel, equipment and Subcontractors at the Project site(s); visitors to the Project site, including
regulatory representatives of the City; any special or unusual conditions or occurrences encountered; and the
time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The
daily log shall be kept on the Project site(s) and shall be available at all times for inspection and copying by
Project Manager and Consultant.
The Project Manager, Contractor, Construction Manager, and CEI shall meet at least every two (2) weeks or as
otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work
performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any
comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and
the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the
Contractor's duty to immediately inform the City, in writing, and the City will promptly review the same. Any Work
done after such discovery, until authorized, will be done at Contractor's sole risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and
applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction.
All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work
being performed.
Design/Build Services for the
Development of Single -Family Homes or 18 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
29. Authority of the Protect Manager
The Director hereby authorizes the Project Manager designated in the Contract Documents to determine, all
questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on
account of the Work, and questions as to the interpretation of the Work to be performed under the Contract
Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond
to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless
of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are
made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable.
The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract,
unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All
instructions to the Contractor shall be issued through the Director or Project Manager.
The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide safe
facilities for such access, so the Project Manager may perform their functions under the Contract. The Project
Manager will make periodic visits to the Work site to become generally familiar with the progress and quality of
the Work, and to determine if the Work is proceeding in accordance with the Contract Documents.
The Project Manager will not be responsible for construction means, methods, techniques, sequences, or
procedures, or for safety precautions and programs in connection with the Work and will not be responsible for
the Contractor's failure to carry out the Work in accordance with the Contract Documents.
The Project Manager will have authority to reject Work that does not conform to the Contract Documents.
Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the
Contract Documents, the Project Manager will have authority to require special inspections or testing of the
Work, whether or not such Work is fabricated, installed, or completed. Neither the Project Manager's authority
to act under this paragraph, nor any decision made by him or her in good faith either to exercise or not to exercise
such authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any
Subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work.
All interpretations and recommendations of the Project Manager shall be consistent with the intent of the Contract
Documents.
The Project Manager will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or
any of their agents or employees, or any other persons performing any of the Work.
30. Inspection of Work
The Project Manager, City Consultant, Construction Engineering Inspector (CEI), and other City representatives
shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities
for such access and for inspecting, measuring, and testing.
Should the Contract Documents, City Consultant, CEI, Project Manager's instructions, any laws, ordinances, or
any public authority require any of the Work to be specially tested or approved, Contractor shall give the Project
Manager timely notice of readiness of the Work for testing. If 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. Testing shall be made promptly,
and, where practicable, at the source of supply. If any of the Work should be covered up without approval or
consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination and
properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with the City's
testing laboratory or entity. The Contractor shall give the City and the Project Manager timely notice of when
and where tests and inspections are to be made so that the City or Project Manager may be present for such
procedures.
Re-examination of any of the Work may be ordered by the City, and if so ordered, the Work must be uncovered
by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost
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of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the City or separate Contractors caused by the Contractor's correction or removal of Work
that is not in accordance with the requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract
Documents, or to delay the Work by failure to inspect the materials and Work with reasonable promptness,
without the written permission or instruction of the Project Manager.
The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the
granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of the Contractor will constitute a breach of this Contract.
31. Taxes
Contractor shall pay all applicable sales, consumer, use and any other taxes, levies, assessments, and all other
impositions required by law, rule, or regulation. Contractor is responsible for reviewing the pertinent state
statutes and local laws involving state taxes / impositions and complying with all requirements.
32. Separate Contracts
Prior to the commencement of the Work, the City will notify the Contractor of all ongoing Projects or Projects
scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for
coordinating the Work with any other Project to minimize any potential adverse impact. Contractor shall not be
entitled to any days of delay for failure to properly coordinate the Work. The Project Manager will assist the
Contractor in coordinating the Work; however, the sole responsibility for coordination rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the Work of any other persons,
Contractor shall inspect and promptly report to the City any defects in such Work that render it unsuitable for
such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance
of the other person's Work as fit and proper for the reception of Contractor's Work, except as to defects that may
develop in other Contractor's Work after the execution of Contractor's Work. Contractor shall conduct its
operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference
or impact on any other Contractor on the site. Should such interference or impact occur, Contractor shall be
liable to the affected Contractor for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and
shall at once report to the Project Manager any discrepancy between the executed Work and the requirements
of the Contract Documents.
33. Lands of Work
City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be
performed, rights -of -way, and easements for access thereto and such other lands as are designated by City for
the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access
thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall
furnish to City copies of written permission obtained by Contractor from the owners of such facilities.
34. Coordination of Work
The Project site(s) may be occupied and may operate as specified in Section 2, Supplemental Terms and
Conditions, Article 1, "Contract Time and Hours." Contractor shall ensure that the performance of the Work does
not impact any ongoing operations at Project site(s), which also includes the delivery of any materials and
equipment. Access to and egress from the Project site(s) shall be coordinated with the Project Manager and the
Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be
required to coordinate the Work with other Contractors performing Work at the Project site.
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35. Differing Site Conditions
Contractor had the opportunity to inspect the site and in the event that during the course of the Work Contractor
encounters subsurface or concealed conditions at the Project site(s) which differ materially from the Plans and/or
Drawings Contractor developed, Contractor shall not be entitled to additional compensation.
36. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings. The
locations shown are taken from existing records and the best information available from existing plans and utility
investigations; however, it is expected that there may be some discrepancies and omissions in the locations and
quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no
responsibility is assumed by the City for their accuracy or completeness. No request for additional compensation
or Contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore
sufficiently ahead of the Work to allow time for any necessary adjustments. The Contractor must coordinate all
underground utility locations through "Sunshine State One Call of Florida, Inc.," who shall be contacted a
minimum of forty-eight (48) hours before the Contractor commences any digging. The Contractor is responsible
for removing all utility markings once the Work is completed. Final payment to the Contractor may be withheld
until the utility marks are removed.
37. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic,
television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all
arrangements necessary for the protection of these utilities and services or any other known utilities.
The Contractor shall notify all utility companies that are affected by the construction operation at least forty-eight
(48) hours in advance. Under no circumstance should the Contractor expose any utility without first obtaining
permission from the appropriate agency. Once permission has been granted, locate, expose, and provide
temporary support for all existing underground utilities and utility poles where necessary.
The Contractor and their Subcontractors shall be solely and directly responsible to the owner and operators of
such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any
character brought because of any injuries or damage that may result from the construction operations under the
Contract Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the
Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental
breakage due to construction operations, promptly notify the proper authority. The Contractor shall cooperate
with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall
interruption of any utility service be allowed unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining
prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal
materials at the Contractor's expense and as approved by the City.
The Contractor shall replace, with material approved by the City, at Contractor's expense, any and all other
laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for
in the Contract Documents and as approved by the City.
The Contractor shall replace, with material approved by the City, at Contractor's expense, any existing utilities
damaged during the Work.
38. Interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While the information has been
compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is
presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected
companies, including utility companies and take necessary precautions to prevent damage to existing structures
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whether on the surface, above ground, or underground, including have the owner of the interfering structures
place temporary supports.
39. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such
relocations shall be made only by the direction of the Project Manager at the Contractor's expense. If existing
structures are encountered that will prevent construction as shown, the Contractor shall notify the Project
Manager before continuing with the Work in order that the City may make such field revisions as necessary to
avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager when an
existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so
at their own risk.
40. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project site(s) and such limitations will be identified by
the Project Manager. In addition to such limitations, the Project Manager may make storage available to the
Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and
schedule deliveries so as to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is
necessary, as the Project site(s) may remain in operation during the Work.
The Contractor shall:
40.1. Confine operations at the Project site(s) to the areas permitted by the Project Manager; not disturb
portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations
affecting the Work.
40.2. Keep existing driveways and entrances serving surrounding facilities clear and available to the City,
its employees and the public at all times; not use areas for parking and/or storage of materials except
as authorized by the Project Manager.
40.3. Assume all responsibility for its tools, equipment and materials, including any materials purchased for
the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while
parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified
in this paragraph.
Access to parking and egress from the Project site(s) shall be subject to the approval of the Project Manager.
41. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new
unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in
conformance with the Contract Documents.
All Work not conforming to these requirements, including substitutions not properly approved and authorized,
may be considered defective. If required by the City, Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract
Documents.
42. Material and Equipment Shipment, Handling, Storage and Protection
42.1. Preparation for Shipment: When practical, equipment shall be factory assembled. The equipment
parts and assemblies that are shipped unassembled shall be furnished with assembly plan and
instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner
to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be protected with an
application of a strippable protective coating, or other approved protective method.
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Equipment shall be packaged or crated in a manner that will provide protection from damage during
shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its contents by
name and equipment number, if applicable; approximate weight; state any special precautions for
handling; and indicate the recommended requirements for storage prior to installation.
42.2. Packaging and Delivery of Spare Parts and Special Tools: Properly mark to identify the
associated equipment byname, equipment, and part number. Parts shall be packaged in a manner for
protection against damage from the elements during shipping, handling, and storage. Ship in boxes that
are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the
time associated equipment is scheduled for the initial test run.
42.3. Shipment: All equipment and material shall be shipped with freight and shipping paid freight on
board (FOB) job site. The Contractor shall request a seven (7)-calendar day advance notice of shipment
from manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the
current delivery information concerning equipment items and material items of critical importance to the
Project schedule.
42.4. Receiving: The Contractor shall unload and record the receipt of all equipment and materials at
the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall
be included in the prices bid and no extra compensation will be allowed.
42.5. Inspection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor
shall inspect for completeness and any evidence of damage during shipment. City supplied equipment
and material shall be inspected and inventoried together with City's Inspector. Should there appear to
be any shortage or damage, the City shall be immediately notified; and the Contractor shall be fully
responsible for informing the manufacturers and the transportation company of the extent of the shortage
or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take
the necessary measures to expedite the replacement or supply the missing parts.
42.6. Handling: Equipment and materials received for installation on the Project shall be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent damage.
42.7. Storage: Equipment and materials shall be stored, prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage
yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings.
Items requiring environmental control for protection shall be provided with the necessary environmentally
controlled storage facilities at no cost to the City.
42.8. Insurance: The Contractor's insurance shall adequately cover the value of materials delivered
but not yet incorporated into the Work.
42.9. Inventory Control: Equipment and materials shall be stored in a manner to provide easy access
for inspection and inventory control. The Contractor shall keep a running account of all materials in
storage to facilitate inspection and to estimate progress payments for materials delivered but not
installed in the Work.
42.10. Etc uipment's Maintenance Prior to Acceptance by the City: Contractor shall provide the
required or manufacturer's recommended maintenance during storage, during the installation, and until
such time as the City accepts the equipment for full-time operation.
42.11. Salvage Equipment: Any salvageable pipe, fittings, or other miscellaneous material or
equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored
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by the Contractor at his own expense, where directed by the City, and shall remain the property of the
City. All other material shall be disposed of by the Contractor at his own expense.
43. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where required
by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage,
assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work,
to the extent that these instructions and recommendations are more explicit or more stringent than requirements
indicated in the Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject damaged and defective
items.
Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb
and level, and within recognized industry standards; allow for expansion and building movement; provide uniform
joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable
visual effect choices to the Project Manager for final decision when applicable to the Work.
Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work.
Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible
results in coordination with the entire Project and isolate each unit of Work from incompatible Work as necessary
to prevent potential interference among each section and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of
uncovering Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified representative shall be present to
observe field conditions, conditions of surface and installation, quality of workmanship, and applications.
Manufacturer's representative shall provide the Contractor and the City a written report of field observations.
44. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made
available to the City for material and equipment covered by the Contract Documents. All material and equipment
furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense
to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard
warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project.
45. Reference Standards
Reference to the standards of any technical society, organization, or body shall be construed to mean the latest
standard adopted and published at the date of request for qualifications, even though reference may have been
made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if
herein repeated in full and in the event of any conflict between any of these standards and those specified, the
most stringent shall govern unless otherwise stated.
46. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and
all other submittals to make sure they comply with the Contract Documents prior to submission to the City.
Contractor by approving and submitting any submittals, represents that they have verified the accuracy of the
submittals, and they have verified all of the submittal information and documentation with the requirements of
the Contract Documents. At time of submission, the Contractor shall advise the City in writing of any deviations
from the Contract Documents. Failure of the Contractor to advise the City of any deviations shall make the
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Contractor solely responsible for any costs incurred to correct, add, or modify any portion of the Work to comply
with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following information:
• Number and title of drawing, including Contract title and Number
• Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building, or Facility
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify
compliance with the requirements of the Contract Documents. Shop drawings submitted without the stamp,
signatureshall be rejected, and it will be considered that the Contractor has not complied with the requirements
of the Contract Documents. Contractor shall bear the risk of any delays that may occur because of such
rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires
submittals until the City has returned approved submittals to the Contractor.
The City shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt
by the City. The City's review shall only be for conformance with design concepts and the information provided
in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in
which the item functions. The City shall return the shop drawings to the Contractor for their use and distribution.
Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the
requirements of the Contract Documents unless the Contractor has given written notice to the City of the specific
deviations and the Project Manager has issued written approval of such deviations.
By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that all
materials, field measurements and field construction criteria related thereto have been verified, checked and
coordinated with the requirements of the Work and have been verified, checked and coordinated with the
Contract Documents.
Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples,
which bear the EOR's stamp of approval. Distribution shall include, but not be limited to; job site file, record
documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The
Contractor shall also provide copies of all plans approved and permitted by the required governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the City's
acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or
portion of a shop drawing that alters, modifies, or adds to the requirements of the Contract Documents. Nothing
in the City's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work
or increased cost to the City.
Where a conflict exists between the submittal requirements of the General Terms and Conditions and the
Technical Specifications, the Technical Specifications shall prevail.
47. Shop Drawings
Contractor shall submit shop drawings as required by the Contract Documents. The purpose of the shop
drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements,
details of the item, and evidence of its compliance or noncompliance with the Contract Documents. Shop
drawings shall also identify the Project specifications based on the model developed for each Project Site
pursuant to the Contract Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to the City a complete
list and submittal log of items for which shop drawings are to be submitted and shall identify the critical items
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and all submittal dates. Approval of this list by the City shall in no way relieve the Contractor from submitting
complete shop drawings and providing materials, equipment, etc., fully in accordance with the Contract
Documents. This procedure is required in order to expedite final approval of shop drawings.
After the approval of the list of items required above, Contractor shall promptly request shop drawings from the
various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the shop drawings and each and every copy shall show its approval
thereon.
Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code) or
Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole
responsibility of the Contractor to ensure that the shop drawings meet all statutory and Code requirements.
In addition to all shop drawings required by the Contract Documents the Contractor must provide shop drawings
for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric.
If the shop drawings show or indicate departures from the Contract Documents, Contractor shall make specific
mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from
its responsibility to comply with the Contract and Documents.
The City shall review and accept or reject with comments, shop drawings within fourteen (14) calendar days from
the date received. The City's approval of shop drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such shop drawings, nor for the proper fitting and construction of the Work, nor
for the furnishing of materials or Work required by the Contract Documents and not indicated on the shop
drawings. No Work called for by shop drawings shall be performed until said shop drawings have been approved
by EOR. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the shop
drawings. Once the City approves the Shop Drawings, said drawings shall become part of the Contract
Documents.
No approval will be given to partial submittals of shop drawings for items, which interconnect and/or are
interdependent where necessary to evaluate the design properly. It is Contractor's responsibility to assemble
the shop drawings for all such interconnecting and/or interdependent items, check them and then make one
submittal to the City along with its comments as to compliance, noncompliance, or features requiring special
attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any additional
information or changes on such drawings shall be typewritten or lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed
and shall have listed on it all Contract Documents references, drawing number(s), specification section
number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in every detail,
including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections
with other Work, cutting, fitting, drilling, and any and all other necessary information per standard trade practices
or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials, systems, and or
equipment are required, EOR is entitled to rely upon the accuracy and completeness of such calculations and
certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and
easy format to follow.
Contractor shall keep one (1) set of shop drawings marked with EOR's approval at the job site at all times.
48. Product Data
Contractor shall submit four (4) copies of product data, warranty information, and operating and maintenance
manuals. Each copy must be marked to identify applicable products, models, options and other data. Contractor
shall supplement manufacturer's standard data to provide information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products,
with references to the specifications and the Contract Documents. Identify reference standards, performance
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characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions
and required clearances.
Contractor shall submit a draft of all product data, warranty information, and operating and maintenance manuals
at fifty percent (50%) completion of construction.
49. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be
coordinated for different categories of interfacing Work. Contractor shall include identification on each sample
and provide full information.
50. Record Set
Contractor shall maintain in a safe place at the Project site(s) one (1) record copy and one (1) permit set of the
Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments,
Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the
City, in good order and annotated to show all changes made during construction.
The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to
accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from
Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and
clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall
certify the accuracy of the updated record documents. As a condition precedent to City's obligation to pay
Contractor, the Contractor shall provide evidence, satisfactory to the City, that Contractor is fulfilling its obligation
to update the record documents continuously. All buried items, outside the Project site(s), shall be accurately
located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g.
interior or exterior wall faces).
The record documents shall be clean, and all changes, corrections, and dimensions shall be given in a neat and
legible manner in red. The record documents shall be available to the City for reference. Upon completion of
the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall
be delivered to the City by the Contractor. The Record Set of drawings shall be submitted in both hard copy and
as electronic plot files.
51. Supplemental Drawings and Instructions
The City shall have the right to approve and issue supplemental instructions setting forth written orders,
instructions, or interpretations concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time.
The City shall have the right to modify the details of the plans and specifications, to supplement the plans and
specifications with additional plans, drawings, or additional information as the Work proceeds, all of which shall
be considered as part of the Contract Documents. In case of disagreement between the written and graphic
portions of the Contract Documents, the written portion shall govern.
52. Contractor Furnished Drawings
Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on
the nature and scope of the Work to be performed. The following applies to the different types of drawings. The
City shall, after review of the drawings, initial and mark the drawings in one of the following manners:
1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -
submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT - Significant changes or corrections are recommended. Submittal must be
revised and resubmitted for acceptance prior to Work proceeding.
4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes
or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work
being performed.
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Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to
resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility
for errors and omissions in the drawings.
53. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents by using the name of a
proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type,
function, and quality required. Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by the City if sufficient information is submitted by
Contractor to allow City to determine that the material or equipment proposed is equivalent or equal to that
named. Requests for review of substitute items of material and equipment will not be accepted by the City from
anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application
to the City for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions
and achieve the results called for by the general design, be similar and of equal substance to that specified and
be suited to the same use as that specified. The application shall state that the evaluation and acceptance of
the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether
or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents
to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in
connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed
substitute from that specified will be identified in the application and available maintenance, repair and
replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that
will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of
other Contractors affected by the resulting change, all of which shall be considered by the City in evaluating the
proposed substitute. The City may require the Contractor to furnish at Contractor's expense additional data
about the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated in or required by
Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to the City, if the Contractor submits sufficient information to allow the FOR
to determine that the substitute proposed isequivalent to that indicated or required by the Contract Documents.
The procedures for submission to and review by the City shall be the same as those provided herein for substitute
materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The City
shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed or utilized
without the City's prior written acceptance which shall be evidenced by either a Change Order or an approved
submittal. The City may require the Contractor to furnish at Contractor's expense a special performance
guarantee or other surety with respect to any substitute. If a City Consultant rejects the proposed substitute, at
their discretion, the City may require the Contractor to reimburse the City for the charges of the City Consultant
for evaluating the proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design
of such are in full compliance with and meet all the requirements of the Contract Documents.
54. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor
to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions,
excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The
Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work,
and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the
City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor.
The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall
respond to all RFI's in writing.
Design/Build Services for the
Development of Single -Family Homes or 28 - RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any
required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing the Work.
The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible
to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and
coordinated among the trades. Contractor shall not scale the drawings.
55. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together
and not separately. During the performance of the Project, should any errors, omissions, conflicts, ambiguities
or discrepancies be found in the drawings and/or specifications, the City will clarify in writing the intent of the
drawings and/or specifications and the Contractor agrees to abide by the City's interpretation and perform the
Work in accordance with the decision of the City. In such event, the Contractor will be held to have included in
its Contract Price the best materials suitable for the purpose and/or methods of construction.
56. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract
Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City
may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such
materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the
Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In
such instances, the City may deduct such cost from any payments pending to the Contractor.
57. Field Directives
The City may at times issue field directives to the Contractor based on visits to the Project site(s). Such Field
Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the
Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within forty-eight
(48) hours, notify the City that the Work is outside the scope of the Work. At that time, the Field Directive may
be rescinded, or the Contractor may be required to submit a request for a change to the Contract. Where the
Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the
Contractor shall notify the City that the Contractor reserves the right to make a claim for the time and monies
based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to
comply with the directive may result in a determination that the Contractor is in default of the Contract.
58. Changes in the Work or Contract Documents
Without invalidating the Contract Documents 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 under the Contract Documents as may be considered necessary or desirable to complete fully and
acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within
the scope of the Project must be accomplished by means of appropriate Field Orders and Supplemental
Instructions or Change Orders.
Any changes to the terms of the Contract Documents must be contained in a written document, executed by the
parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City.
59. Continuing the Work
Contractor. shall carry on the Work and adhere to the progress schedule during all disputes or disagreements
with City, including disputes or disagreements concerning a request for a Change Order, a request for a change
in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending
resolution of any disputes or disagreements.
60. Change Orders
Contractor. is developing the Plans and/or Drawings for the Project(s) and therefore no Change Orders will be
authorized by the City for any errors, omissions, and/or unforeseen circumstances at the Project Site(s).
Design/Build Services for the
Development of Single -Family Homes or 29 - - RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Without limiting the foregoing, 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 Instructions, including all changes resulting
in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in
advance and issued in accordance with the provisions of the City.
In 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 the Director as set forth in Article
90, "Resolution of Disputes." During the pendency of the dispute, and upon receipt of a
Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and
advise the City and Director in writing within seven (7) calendar days of Contractor'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.
On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance
bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. The City
reserves the right to order changes which may result in additions to or reductions from the amount, type, or value
of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such
changes will be known as "Extra Work."
No Extra Work shall be performed except pursuant to written orders of the City expressly and unmistakably
indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order,
the City may direct, order or require the Contractor to perform any Work including that which the Contractor
deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after,
begin the performance thereof or incur cost attributable thereto and give written notice to the City stating why
the Contractor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes
of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly;
(2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved;
and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed
Work.
60.1. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the
reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also
result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and any
other Work affected by the Extra Work.
The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work.
Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to start the Extra Work
immediately. The Contractor is required to obtain permission for an extension to start the Extra Work if it is
beyond the Contractor's ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which
shall include requested revisions to the Contract, including but not limited to adjustments in this Contract
Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal
demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor
submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and
Work classification, and overhead rates in support of Contractor's Change Proposal Request.
The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the
cost and schedule impact of the Extra Work on the Project. If the Contractor fails to notify the City of the
schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Contractor that
the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change
Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%)
Design/Build Services for the
Development of Single -Family Homes or 30 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
of the direct labor and material costs, unless the City determines that the complexity and risk of the Extra
Work is such that an additional factor is appropriate. The City may pay any combined profit and overhead
costs included in Change Proposal Requests at its reasonable discretion. The Change Proposal Request
may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the
Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The
execution by the Contractor of the Change Order shall serve as a release of the City from all claims and
liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any
prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5) business
days, submit a revised Project schedule reflecting the changes against the baseline schedule.
60.2. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease
in the Contract Price shall be determined in one of the following ways:
• Where the Work involved is covered by unit prices contained in the Contract, by application of unit
prices to the quantities of items involved.
• By mutual acceptance of a Contract unit price, which Contractor and Project Manager acknowledge,
contains a component for overhead and profit.
• Based on the "Cost of Work," determined as provided in this, plus a Contractor's fee for overhead
and profit, which is determined as provided in this Article.
• The term "Cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor
in the proper performance of the Work described in the Change Order. Except as otherwise may be
agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following items and shall not include any of the costs
itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in
the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll costs
for employees not employed full time on the Work covered by the Change Proposal Request shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall include social security contributions,
unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement
benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of performing the Work after regular working hours,
on Sunday or legal holidays shall be included in the above to the extent authorized by City.
Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation
and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts
shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which
case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from
sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that
they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether
rented from Contractor or others in accordance with rental agreements approved by City with the advice of
Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof,
all in accordance with the terms of said agreements. The rental of any such equipment, machinery, or parts
shall cease when the use thereof is no longer necessary for the Work.
If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and
shall deliver such competitive bids to the City who will determine which bids will be accepted. If the
Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the Work
shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall be subject
to the other provisions of the Contract Documents insofar as applicable.
Design/Build Services for the
Development of Single -Family Homes or 31 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The term "Cost of the Work" shall include any of the following:
• Cost of special Consultants, including, but not limited to, Consultants, architects, testing laboratories,
and surveyors employed for services specifically related to the performance of the Work described in
the Change Order.
• Supplemental costs including the following:
• The proportion of necessary transportation, travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties connected with the Work except for local travel to and from
the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which
are consumed in the performance of the Work, and less market value of such items used but not
consumed which remains the property of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any
governmental authority.
• Deposits lost for causes other than Contractor's negligence, royalty payments, and fees for permits
and licenses.
• The cost of utilities, fuel, and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at
the site, expressage, and similar petty cash items in connection with the Work.
• Cost of premiums for additional bonds and insurance required because of changes in the Work.
The term "Cost of Work" shall not include any of the following:
• Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership
and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors,
accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor whether at the site or in its principal or a branch office, for general
administration of the Work and not specifically included in the agreed -upon schedule of job
classifications, all of which are to be considered administrative costs covered by Contractor's fee.
• Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
• Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the
Work and charges against Contractor for delinquent payments.
• Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the
Contract Documents to purchase and maintain the same, except for additional bonds and insurance
required because of changes in the Work.
• Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and
making good any damage to property, or soft costs such as consultant costs, or any costs not directly
attributable to the work.
• Other overhead or general expense costs of any kind and the cost of any item not specifically and
expressly included in this Article.
Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows:
• A mutually acceptable fixed fee or if none can be agreed upon;
• A fee based on the following percentages of the various portions of the cost of the Work;
• Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%);
• Where a Subcontractor performs the Work, Contractor's fee shall not exceed seven and one-half
percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum
allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%);
• No fee shall be payable for special Consultants or supplemental costs; and
• No other markup or charge shall be allowed except as expressly provided above.
Design/Build Services for the
Development of Single -Family Homes or 32 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The amount of credit to be allowed by Contractor to City for any such change, which results in a net decrease
in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any
one change, the combined overhead and profit shall be figured on the basis of the net increase, if any,
however, Contractor shall not be entitled to claim lost profits for any Work not performed.
Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form
acceptable to the City an itemized cost breakdown together with the supporting data.
Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is an
addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to the City.
• Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of
cost.
• Whenever a change involves Contractor and one (1) or more Subcontractors, and the change is an
increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor
shall be itemized separately.
• Each Change Order must state within the body of the Change Proposal Request whether it is based
upon unit price, negotiated lump sum, or "Cost of Work."
61. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of
the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the
parties charged, therewith or their duly authorized representative.
62. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating
circumstances, the City may nevertheless issue a directive to the Contractorto do the proposed Extra Work.
Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work
set forth in that directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Section 2, Article
94, "Resolution of Disputes," by furnishing a written statement to the Project Manager within five (5) calendar
days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes.
Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its bid and
have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth
all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's
bid. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the
Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there
is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s)
will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall
be as follows:
■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost"
which is to say time and materials plus a mark-up not to exceed ten percent (10%). This will not vary,
whether the Extra Work is performed by the Contractor or his Subcontractor. The Project Manager
must approve any exceptions.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work
for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to
bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State
Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in
public liabilityand property damage insurance or performance and payment bonds occasioned solely by the
Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools
not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same
Design/Build Services for the
Development of Single -Family Homes or 33 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
(including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary
for the performance of the Extra Work.
In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the
Contractor shall at the end of each day furnish to the City such documentation as the City may require supporting
all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor
shall render an itemized statement showing the total amount expended for each class of labor and for each kind
of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial
estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers,
collective bargaining labor agreements, records or other documents showing the actual cost for labor and
materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions
or dispute as to the correct cost of such labor, materials, or plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager,
it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the
approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five
percent (5%) to cover the Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval,
modification or revision by representatives of the City.
63. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as
approved by the Project Manager and prepare two copies of As -Built Record Drawings showing correctly and
accurately all changes and deviations made during construction to reflect the Work as it was actually constructed.
It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal
to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location
of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth, and voltage
in each conduit.
Legibly mark to record actual construction: On -site structures and site Work as follows:
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and locations of valves, pull
boxes, etc.
■ Changes in location: Horizontal and vertical locations of underground utilities and appurtenances,
referenced to permanent surface improvements. Actual installed pipe material, class, etc.
■ Location of internal utilities and appurtenances concealed in the construction, referenced to visible
and accessible features of the structure. Air conditioning ducts with locations of dampers, access
doors, fans and other items needing periodic maintenance.
• Field changes in dimension s and details.
• Changes made by Project Manager's or Consultant's written instructions or by Change Order.
• Details not on original Contract Drawings.
• Equipment, conduit, and/or electrical panel locations.
■ Project Manager's or Consultant's schedule changes according to Contractor's records and shop
drawings.
Specifications and Addenda, Legibly mark each section to record:
• Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment
actually installed.
• Changes made by Project Manager's or City Consultant's written instructions or by Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and
instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For
construction of new building, or building additions, field improvements, and or roadway improvements as -built
drawings signed and sealed by a Florida licensed Registered Land Surveyor.
Design/Build Services for the
Development of Single -Family Homes or 34 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
In addition, for Projects that involve roadwork and drainage, Contractor shall provide complete as -built
information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include
locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks,
benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and
sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded
information on existing utility crossing encountered during construction, included but not limited to pipes, inlets,
manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing
vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.)
64. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the
Contractor. The identification card shall bear the employee's picture, name, title, and name of the employer.
Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such
time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to
submit a claim for an extension of time.
65. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and replacement of any personnel
employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and
perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond
to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of
such personnel or written justification as to why that may not occur. The City shall make the final determination
as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the
removal of any of its employees does not require the termination or demotion of employee(s).
66. Substantial Completion, Punch List, and Final Completion
The Work shall be substantially complete when the City, in the reasonable exercise of their discretion determines
that the Work is complete, there are no material and/or substantial variations from the Contract Documents, and
the Work is fit for its intended purpose. Upon Substantial Completion, the City and the Contractor shall sign the
Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its
obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that
the City inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial
Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy,
Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from
agencies having jurisdiction over the Work. The City shall schedule the date, time for any inspection, and notify
the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial
Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be
identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the City and
the Contractor, confirming that the Punch List contains the item(s) necessary to complete the Work. The failure
or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not
relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and
completing the Project to the satisfaction of the City.
Where the Punch List is limited to minor omissions and defects, the City shall indicate that the Work is
substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate
form that the Work is not substantially complete, the City shall provide a list of all open items necessary to
achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another
Substantial Completion inspection.
The City and the Contractor shall agree on the time reasonably required to complete all remaining Work included
in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of
final payment, the City shall notify the Contractor in writing of the closeout of the Project.
Design/Build Services for the
Development of Single -Family Homes or 35 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of Substantial
Completion. Once substantial completion is achieved, the City shall be responsible for security, maintenance,
heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the
requirements of the Contract Documents for Final Completion. The failure to include any items of corrective
Work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with
the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final
Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract
Documents.
67. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, the
City shall, within ten (10) calendar days, make an inspection thereof. If the City finds the Work acceptable, the
requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and
all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be
issued by the City. Said Certificate shall state that the requirements of the Contract Documents have been
performed and the Work is ready for acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the City a final release of all liens
arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
Subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid,
and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance
data, and the final bill of materials, if required, and payment application. Contractor shall deliver the written
Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment.
If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault
of Contractor, and the Project Manager so certifies, City shall, upon such certification of the Project Manager,
and without terminating the Contract Documents, make payment of the balance due for that portion of the Work
fully completed and accepted. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute
a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the
Contract and identified by Contractor as unsettled at the time of the application for final payment.
68. NPDES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge
Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water
Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the Guaranteed
Maximum Cost. For further information on compliance requirements for NPDES and SWPPP contact the City
of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at
http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing, and
paying for any required NPDES application or permits that may be required.
69. Force Majeure
Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is
interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the
cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure
condition, the Contractor shall request a time extension from the City within two (2) business days of said force
majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any
claim by the Contractor for extra compensation unless additional services are required. Does Not Include
inclement weather, except as permitted by Florida law, and may not include the acts or omissions of
Subcontractors.
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70. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted
Subcontractors, whether or not in privity of Contract with the Contractor for the purpose of this Article.
If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice
to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in
the Contract shall be extended by the City subject to the following conditions:
70.1. The cause of the delay arises after issuance of the NTP and could not have been anticipated by the
Contractor by reasonable investigation before proceeding with the Work;
70.2. The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed;
and
70.3. The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions,
efforts and measures whether before or after the occurrence of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay.
The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City
determines that any information provided by the Contractor in support of a request for an extension of time was
erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the
request for an Excusable Delay. Notwithstanding the above, the City will not rescind or shorten any extension
previously granted if the Contractor acted in reliance upon the granting of such extension and such extension
was based on information which, although later found to have been erroneous, was submitted in good faith by
the Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days, except for Force Majeure which
must be requested within two (2) business days, after the time when the Contractor knows or should have known
of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an
extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and
expected duration of the delay and its effect on the completion of that part of the Work identified in the request.
The City may require the Contractor to furnish such additional information or documentation, as the Project
Manager shall reasonably deem necessary or helpful in considering the requested extension.
The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that
it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in
a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required
regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees
with that decision.
With regard to an injunction, strike, or interference of public origin, which may delay the Project, the Contractor
shall promptly give the City a copy of the injunction or other orders and copies of the papers upon which the
same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit
or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as
the City may deem proper.
The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as
such date may have been extended by a change order), the making of any payment to the Contractor, the
issuance of any Change Order, shall not waive the City's rights under the Contract, including but not limited to
the assessment of liquidated damages or declaring Contractor in default.
71. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to
the City within ten (10) calendar days of the commencement of the event giving rise to the claim and stating the
general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the
event giving rise to the claim, written notice of the extent of the claim with supporting information and
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documentation shall be provided unless the City allows an additional period of time to ascertain more accurate
data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement
that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled
as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall
be determined by the City in accordance with Section 2, Article 75, "No Damages for Delay," if City and
Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to
the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of
this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond
the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in this
Article. Such delays must directly affect the Work and shall include, but not be limited to, acts or neglect by any
separate Contractor employed by City, fires, floods, labor disputes, civil unrest, pandemics, epidemics, abnormal
weather conditions, or acts of God.
72. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Section
2, Article 76, "Excusable Delay, Non-Compensable," the Contractor shall not be entitled to a separate extension
for each one of the causes; only one (1) period of extension shall be granted for the delay.
73. No Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City
by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract
price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs,
expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference
or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable;
provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays
due solely to fraud, bad faith or active interference on the part of City. Otherwise, Contractor shall be entitled
only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above. THERE WILL BE NO
EXCEPTIONS.
Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make
no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned
by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise)
and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete
performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such
delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals
or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner.
Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in
writing, by the City in certain situations.
74. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers
and vendors, agents and representatives, and is also caused by circumstances beyond the control of the City,
or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors or agents and
representatives, and by the City. Then Contractor shall be entitled only to a time extension and no compensation
for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable
Delay. Contractor shall document its claim for any time extension as provided in Section 2, Article 73,
"Notification of Claim," hereof.
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Twin Homes on City -Owned Vacant Land
Failure of Contractor to comply with Section 2, Article 73, "Notification of Claim" hereof as to any particular event
of delay shall be deemed conclusively to constitute a waiver, abandonment, or relinquishment of any and all
claims resulting from that particular event of delay.
75. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and grades as required
from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All Work
along the entire Project shall be located and constructed using the roadway base/center line as reference. All
elevations shown therein are in feet.
76. Defective Work
Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be defective.
If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work
and replace it with Work in conformity with the Contract Documents. Contractor shall bear all direct, indirect,
and consequential costs of such removal or corrections including cost of testing laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in
accordance with the requirements of the Contract Documents within the time indicated in writing by the City, City
shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may
be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or
repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged
against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and
fully, City may declare Contractor in default.
If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed
by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision
of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents,
Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation that Contractor might have under the Contract
Documents including but not limited to any claim regarding latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is
discovered, or obligate City to final acceptance.
77. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of
requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate
reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount
shall be paid to the City by the Contractor.
78. Uncovering Finished Work
The Project Manager's, Inspector's, and/or Consultant's right to make inspections shall include the right to order
the Contractor to uncover or take down portions of finished Work. The City shall notify the Contractor in writing
concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract
Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed will be treated
as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work
examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense
of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs
incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down,
replacing, and restoration at the Project site.
79. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager as defective or as failing to
conform to the Contract Documents, whether observed before or after Substantial Completion and whether or
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not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work,
including the cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager of any Work not in
accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will
commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to
complete the Work within a reasonable period of time, as determined by the City, and in the event of failure to
so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's
expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs,
including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the
health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without
prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the
Contractor not being in accordance with the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as
may be prescribed by law,. by the Contract Documents, or by the terms of any applicable special warranty
required by the Contract Documents, any of the Work is found to be defective or not in accordance with the
Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do
so. The City shall give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be
corrected to comply with the Contract Documents without cost to the City.
80. Maintenance of Traffic and Public Streets
80.1. Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform
the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's
Guaranteed Maximum Price.
80.2. Regulations
As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and
data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or
streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD),
Federal Department of Transportation (FDOT), Roadway and Bridge Standard Index Drawing Book, permits or
data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance
of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this
Project.
80.3. Maintenance of Traffic (MOT)
The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and
maintaining regulatory andinformative signs along the detour route), traffic control, and other provisions,
throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT
Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained accordingto corresponding
typical traffic control details as outlined in the previous noted standards. No Street shall be completely blocked,
nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval.
If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the City, the
Contractor shall make arrangements for the employment of uniformed off -duty police officers to maintain and
regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty
necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police
Department.
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Twin Homes on City -Owned Vacant Land
The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn
motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by
the Contractor to detour traffic.
Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked
for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during
construction.
The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety
devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and
Bridge Standards index -drawing book. In addition, the Contractor shall be responsible for providing the City with
MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and
sealed by a professional engineer registered in the State of Florida, employed by the Contractor and certified
under FDOT Procedure NPIL No. 625-010-010.
Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that
vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site
of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), forty-eight (48) hours prior
to any excavation. Any loop detector that is damaged, whether shown on the Plans or not, shall be repaired or
replaced to the satisfaction of the Miami Dade County Signs and Signal Division (305) 592-3470.
Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the
construction date or forty-eight (48) hours in advance of construction within any signalized intersection.
Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over
swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be
removed, and the swale or median areas restored to their previous condition.
Pavement markings damaged during construction shall be remarked, as required by the Traffic Division.
80.4. Maintenance of Traffic for Bypass Pumping
The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected
from vehicular traffic and pedestrian traffic.
80.5. Lane Closures
Where construction of the Project shall involve lane closures public streets, the following shall apply:
Lane closures require a Lane Closure Permit, obtained two (2) weeks prior to planned construction, with a
minimum forty-eight (48) hour prior notice to local police and emergency departments (some police jurisdictions
may require considerably more notice). Lane closures of a one day or less duration will generally not be
approved for major collector streets or for arterial streets during the hours of 7:00 A.M. to 9:00 A.M. and 4:00
P.M. to 6:00 P.M. weekdays.
82. Location and Damage to Existing Facilities, Equipment, or Utilities
As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does
not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the
Contractor's responsibility to field verify all underground and overhead utility lines or equipment affecting or
affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual
and plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of
construction to arrange for positive underground location, relocation, or support of its utility where that utility may
be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for
the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary
support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor
for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines.
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Twin Homes on City -Owned Vacant Land
The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers
relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and
private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss
of time or delay.
All overhead, surface, or underground structures and utilities encountered are to be carefully protected from
injury or displacement. All damage to such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside
parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to
be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All
repairs are to be inspected by the utility owner prior to backfilling
83. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of
the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no sooner than the
date the order is delivered to the Contractor, or the Stop Work Order may commence on a later date as the
parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this
paragraph. Within the period of ninety (90) calendar days (or the lesser period specified) after a Stop Work
Order is delivered to the Contractor, or within any extension to which the parties have agreed, the City shall
either:
• Cancel the Stop Work Order; or
• Terminate the Work covered by such order as provided in Section 2, Article 93, "Termination for
Convenience."
If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof
expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other
than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor
may have been delayed by such suspension. In the event the City determines that the suspension of Work was
necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or
any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension
of time as a result of the issuance of a Stop Work Order.
84. Hurricane Preparedness
During such periods of time as are. designated by the United States Weather Bureau as being a hurricane
warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in
response to all threatened storm events, regardless of whether the City has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute additional Work.
Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has
directed such suspension, will entitle the Contractor to additional Contract time as non-compensable, excusable
delay, and shall not give rise to a claim for compensable delay.
85. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or partially completed
portions of the Project. Such possession and use shall not be deemed an acceptance or beneficial use or
occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession
and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation,
or reasonable extension of time or both, as determined by the City.
In the event City takes possession of any completed or partially completed portions of the Project, the following
shall occur:
• City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended
occupancy of a designated area.
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Twin Homes on City -Owned Vacant Land
• Contractor shall complete to the point of Substantial Completion the designated area and request
inspection and issuance of a Certificate of Substantial Completion from the City.
• Upon the City's issuance of a Certificate of Substantial Completion, City will assume full responsibility
for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage,
and start of warranty for the occupied area.
■ Contractor shall complete all items noted on the Certificate of Substantial Completion within the time
specified by the City on the Certificate of Substantial Completion, as specified in the Punch List and
request final inspection and final acceptance of the portion of the Work occupied. Upon completion
of final inspection and receipt of an application for final payment, City shall issue a Certificate of Final
Payment relative to the occupied area.
■ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon
by City and Contractor and to which the insurance company or companies providing the property
insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or
unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or
use. Consent of Contractor and of the insurance company or companies to such occupancy or use
shall not be unreasonably withheld.
86. Cleaning Up; Citv's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by
its operations. No fill or clearing stockpiles to remain on site formore than twenty-four (24) hours. At the
completion of a Project, Contractor shall remove all its waste materials and rubbish from and about the Project
as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up
during the prosecution of the Work or at the completion of the Work, City may do so, and the cost thereof shall
be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their
responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible
therefore as the City shall determine to be just. All combustible waste materials shall be removed from the
Project at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering
to existing surfaces.
87. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do
so by the City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of
City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment
and supplies at the expense of Contractor.
88. Set -offs, Withholdings, and Deductions
The City may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be specifically
allowed in the Contract or by applicable law including, without limitation, the following:
• Any amount of any claim by a third party;
• Any Liquidated Damages; and/or
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held
to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment
Act.
89. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of
the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include
but not limited to, any one (1) or more of the following:
89.1. The Contractor has not performed the Work in a timely manner;
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89.2. The Contractor has refused or failed, except in case for which an extension of time is provided, to
supply properly skilled staff or provided sufficient quantities of staff to perform the Work;
89.3. The Contractor has failed to make prompt payment to Subcontractors or suppliers for any services or
materials they have provided;
89.4. The Contractor has become insolvent or has assigned the proceeds received for the benefit of the
Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor
law or if the Contractor's affairs have been put in the hands of a receiver;
89.5. The Contractor has failed to obtain the approval of the City where required by the Contract;
89.6. The Contractor has failed in the representation of any warranties stated herein;
89.7. The Contractor has been debarred in the State of Florida or been placed on the convicted vendors
list under Section 287.133, Florida Statutes;
89.8. The Contractor has breached a material term or provision of the Contractor Documents and has not
timely cured the breach;
89.9. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the
Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within
the time frame set forth in the City's request, provide adequate assurances and a plan of action to the
City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract
Documents. In the event that the Contractor fails to provide to the City the requested assurances within
the prescribed time frame, the City may:
89.9.1. Treat such failure as a repudiation of the Contract and/or;
89.9.2. Resort to any remedy for breach provided herein or by law, including but not limited to, taking
over the performance of the Work or any part thereof either by itself or through others.
89.10. In the event the City may, at its sole discretion, terminate the Contract for default, the City or its
designated representatives may immediately take possession of all applicable documentation and data.
89.11. Where the City erroneously terminates the Contract or for default, the terminations shall be converted
to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for
wrongful termination.
90. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations under the Contract, the
City may at its sole discretion notify the Contractor in writing, specifying the basis for such default, and advising
the Contractor that such default must be cured within a specified time frame or the Contract with the City may
be terminated. The City should issue such Notification; however, the City is under no obligation to issue
such notification in the event the City lacks actual knowledge of the default. The City may grant an
extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of
any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces
or another Contractor and any such costs incurred will be deducted from any sums due the Contractor under
any Contract with the City.
91. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its
obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is
not cured within the time specified to cure the default if one has been granted by the City, the Director in addition
to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract
whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor
was in default shall be immediately returned to the City. The Director may also suspend any payment or part
thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor
understands and agrees that termination of this Contract under this Article shall not release Contractor from any
obligation accruing prior to the effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation, any of the following:
■ Contractor fails to obtain the insurance or bonding herein required by the Contract.
Design/Build Services for the
Development of Single -Family Homes or 44 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
• Contractor fails to comply with any of its duties under the Contract Documents, with any terms or
conditions set forth in the Contract Documents, beyond any specified period allowed to cure such
default.
• Contractor fails to commence the Work within the timeframes provided or contemplated herein, or
fails to complete the Work in a timely manner as required by the Contract.
If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents
the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's
completion and occupancy of the Project.
Where it has been determined that the Contractor has been erroneously terminated under this Article, such
termination shall be deemed to have been under Section 2, Article 93, "Termination for Convenience." The City
in its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure.
92. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified of the
effective date of the termination and shall be .liable for all damages resulting from the default, including but not
limited to re -procurement costs and other direct damages
The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor,
equipment, and materials (not owned or paid for by the City) from the Work site. The City assumes no liability
for the Contractor's failure to remove such items from the Project site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an
alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction
93. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in
its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written
Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project
site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project on the date specified in the notice (the "Effective Date");
• Take such action as may be necessary for the protection and preservation of the City's materials and
property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the Project Manager, any
non -cancelable orders for materials and equipment that can not otherwise be used except for Work
under the Contract and have been specifically fabricated for the sole purpose of the Work and not
incorporated in the Work;
• Take no action that shall increase the amounts payable by the City under the Contract Documents;
and
• Take reasonable measures to mitigate the City's liability under the Contract Documents.
• All charts, sketches, studies, drawings, reports and other documents, including electronic documents,
related to Work authorized under the Contract, whether finished or not, must be turned over to the
City. Failure to timely deliver the documentation shall be cause to withhold any payments due without
recourse by Contractor until all documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the
City will pay the Contractor:
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project
completed in accordance with the Contract through the completion date, and (2) non -cancelable
material(s) and equipment that is not of any use to the City except in the performance of the Contract,
and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the
Work. To the extent practical, the fair and reasonable value shall be based on the price established
Design/Build Services for the
Development of Single -Family Homes or 45 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
because of the Contract. In no event, shall any payments under this Paragraph exceed the maximum
cost set forth in the Contract.
■ The amount due hereunder may be offset by all payments made to the Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all
claims against the City arising out of the termination. Further, the City may deduct or set off against
any sums due and payable under this Article any claims it may have against the Contractor.
• Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a
Termination for Convenience.
• All payments made under the Contract are subject to audit.
Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor grants the
City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project.
94. Resolution of Disputes
Contractor understands and agrees that all disputes between the Contractor and the City based upon an alleged
violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner.
The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and
submit a copy to the City of Miami personnel identified in Section 2, Article 6, "Notices."
Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their
dispute in writing, with all supporting documentation, to the Director, as identified in Section 2, Article 6, "Notices."
Upon receipt of said notification, the Director shall review the issues relative to the claim or dispute and issue a
written finding.
Should the Contractor and the Director fail to resolve the dispute, the Contractor shall submit their dispute in
writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding
shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for the resolution, is
required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of
compensation hereunder exceed one hundred thousand dollars ($100,000), the City Manager's decision shall
be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief
unless:
(i) it has first received City Manager's written decision, approved by the City Commission if applicable;
or
(ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed
statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90)
calendar days has expired where City Manager's decision is subject to City Commission for approval;
or
(iii) City has waived compliance with the procedure set forth in this Article by written instrument(s) signed
by the City Manager.
In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party
objecting to the determination must notify the other party in writing within fourteen (14) 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 prevent 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 State law. If a party fails to timely take the written objection, as provided, in fourteen
(14) calendar days, then such 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.
Design/Build Services for the
Development of Single -Family Homes or 46 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
95. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
construction of a Project, and/or following the completion of the Project, the parties to this Contract agree all
unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation,
unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable,
will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs
of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar Contract provisions with
all Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism
for dispute resolution.
In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file
permissive counterclaims in any action arising under this Contract.
In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees except
that Contractor shall pay all attorney's fees and costs of all attorneys it has engaged to defend the City
pursuant the Contractor's duty to indemnify, hold harmless and defend the City pursuant to Section 2,
Article 8, "Indemnification."
96. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in
equity, and each and every such remedy shall be in addition to every other remedy so specifically given or
otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed
expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a
waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies
as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in
law or in equity.
97. Permits, Licenses, and Impact Fees
The specific plans for the Project site(s) will require various permits and approvals. The City has no structural or
floor plans available for any structures that may be located on the site(s). Each respondent to the RFP is
responsible for determining which permits and approvals will be required for development and operation of the
site(s). The successful contractor shall be responsible for acquiring all required permits, licenses, and approvals
from all agencies with jurisdiction, including, but not limited to, the City, Miami -Dade County, the State of Florida,
federal agencies and all public utilities. Additionally, all improvements must comply with all applicable building,
fire, zoning, health and other code requirements.
All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That
includes also any other permit fees not directly related to the actual construction of the Project, including but not
limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by
Miami -Dade County, the State of Florida, or other governmental entities.
Except as otherwise provided within the Contract Documents, all permits, and licenses required by federal, State,
or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant
to the Contract Documents shall be secured and paid for by Contractor. It is Contractor's responsibility to have
and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the
jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of
Competency is required.
Contractor shall pay impact or similar fees levied by the City and/or Miami -Dade County. Contractor shall be
reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or
other acceptable documentation issued by the public entity.
Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's Fees
such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as
Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this
Design/Build Services for the
Development of Single -Family Homes or 47 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance
Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or
overhead of Contractor. Permit fees related the Contractor's operations (e.g., permits for dumpsters, job trailers,
canteens, portable commodes, etc., et.al.) are not reimbursable.
98. Compliance with Applicable Laws
The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules,
regulations, and building and construction codes of the Federal government, the State of Florida, the County,
and the City. All Work shall be constructed in accordance with the latest edition of the Contract Documents. The
attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -
Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Subcontractor doing
business anywhere in the City.
99. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an Independent
Contractor: In accordance with the status of an Independent Contractor, the Contractor covenants and agrees
that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not
claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the
City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social
security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their
Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall
impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of
those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor
as a Subcontractor, expert, consultant, Independent Contractors, specialist, trainee, employee, servant or agent
or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and
anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to defend, indemnify,
hold and save harmless the City against any such liabilities, even if they arise from actions directed or taken by
the City.
100. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore,
the parties agree that there are no third -party beneficiaries to this Contract and that no third party shall be entitled
to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is
not their intent to create any rights or obligations in any third person or entity under this Contract
101. Successors and Assigns
Subject to Section 2, Article 115, "Consent of City Required for Subletting or Assignment," the performance of
this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Contractor
without the written consent of the City. It is understood that a sale of the majority of the stock or partnership
shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City approval.
Any transference without City approval shall be cause for the City to terminate this Contract. Any assignment
without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation.
The City may require bonding, other security, certified financial statements, and tax returns from any proposed
assignee and the execution of an assignment/assumption agreement in a form satisfactory to the City Attorney
as a condition precedent to considering approval of an assignment.
Design/Build Services for the
Development of Single -Family Homes or 48 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The Contractor and the City each binds one another, their partners, successors, legal representatives and
authorized assigns to the other party of this Contract and to the partners, successors, legal representatives, and
assigns of such party in respect to all covenants of this Agreement.
102. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is
substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision
or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents
shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the
terms of the Contract Documents.
103. Severability
In the event any provision of the Contract Documents, or any Section or Article or provision in these Contract
Documents, is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such
unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract
Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of
such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to
terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be
made within seven (7) calendar days after the finding by the court becomes final.
104. Applicable Law and Venue of Litigation; Attorney's Fees
This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of choice of
law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or other
proceeding or claim 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 lie in Miami -Dade County, Florida. The
parties waive any objections to venue. All parties shall bear their own attorney's fees and costs.
105. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality as this Contract and executed by
the City Manager, or his/her designee.
106. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire and integrated
Contract between the City and the Contractor and supersede all prior negotiations, representations, or
agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any
respect, at any time after the execution hereof, except by a written document executed with the same formality
and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall
not be deemed to be a waiver of any other breach of any provision of the Contract Documents.
107. Nondiscrimination, Equal Employment Opportunity,and Americans with Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or
expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services
funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and
all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons.
Contractor's decisions regarding the delivery of services under the Contract Documents 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 lawfully used as a basis for
service delivery.
108. Evaluation
Design/Build Services for the
Development of Single -Family Homes or 49 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other
time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of
each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be
kept in City files for evaluation on future solicitations.
109. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County and the
State of Florida
Whenever two or more competitive sealed bids are received, one or more of which relates to commodities
manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and
whenever all things stated in such received bids are equal with respect to price, quality, and service, the
commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of
Florida shall be given preference.
110. Royalties and Patents
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material,
arrangement, appliance, or method that may be used upon or in any manner be connected with the construction
of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work.
111. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current Contract period
shall, unless terminated by mutual written agreement between the City and the involved Contractor, continue
until completion at the same prices, terms and conditions.
112. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor
which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to
conduct an audit of the financial and accounting records of Contractor which relate to a Project and to any claim
for additional compensation made by Contractor including but not limited to all payroll records, invoices for
materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles
requirements (GAAP), and shall only address those transactions related to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in
accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and
records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of five (5)
years following Final Completion of the Project.
Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep
and maintain public records required by the City to perform the service; (2) upon request from the City's custodian
of public records, provide the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the Contractor does not transfer the records to the City;
(4) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the
Contractor or keep and maintain public records required by the City to perform the service. If the Contractor
transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be provided to the
City, upon request from the City's custodian of public records, in a format that is compatible with the information
technology systems of the City.
The Contractor agrees to maintain an accounting system that provides for accounting records that are supported
with adequate documentation and adequate procedures for determining allowable costs. Contractors shall
Design/Build Services for the
Development of Single -Family Homes or 50 - - RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
develop the proper forms and reports acceptable to the City for the administration and management of the
Contract Documents.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT
PUBLICRECORDS(a�MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130.
THE CONTRACTOR MAY ALSO CONTACT THE DIRECTOR.
113. No Interest
Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but
not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited
to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the
payment of interest, shall apply to valid and proper invoices.
114. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure
completion of the Project with respect to defective Work, equipment, or materials that may be identified by the
Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of
the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to
withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work,
equipment or material and the basis for the withholding or deduction.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the
Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining
documentation or obligation, as the case may be, in accordance with the Contract Documents
115. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets, conveys, or otherwise disposes of the Contract or its right, title or
interest in or to the same, in whole or in part, or any part thereof without the previous consent in writing of the
City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to
assign monies due to, or to become due or be construed to hinder, prevent, or affect any assignment by the
Contractor for the benefit of its creditors, made pursuant to and in compliance with applicable general laws of
the State of Florida.
116. Agreement Limiting Time in Which to Bring Action against the City
In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be
maintained by the Contractor against the City upon any claim arising out of or based upon the Contract
Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be
commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final
payment has not been issued within six (6) months of substantial completion of the Work or upon any claim
relating to monies required to be retained for any period after the issuance of the said certificate, unless such
action is commenced within six (6) months after such monies become due and payable under the terms of the
Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract
unless such action is commenced within six (6) months after the date of such termination or declaration of
abandonment by the City. In the event this Article is found to be unenforceable, the shortest limitations period
applicable to the action under Chapter 95, Florida Statutes shall apply.
Design/Build Services for the
Development of Single -Family Homes or 51 - - RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
117. Defense of Claims
Should any claim be made, or any legal action brought in any way relating hereto or to the Work hereunder,
except as is covered by the provisions of Section 2, Article 8, "Indemnification," the Contractor shall diligently
render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City
may require of the Contractor. Additional compensation will only be furnished relative to the costs of any
corrective Work as defined in Section 2, Article 8, "Indemnification," which is not the fault of the Contractor; the
Contractor will be responsible for payment of attorney's fees and costs incurred in defense of the Contractor and
of the City. This Section shall survive the cancellation or expiration of this Contract.
118. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued authorization for program
activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or
change in programs or regulations, upon thirty (30) calendar days' notice.
119. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the Contract, and the
Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and
supersedes all previous communications and representations or agreements, whether written or oral, with
respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a
parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City
may, at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore,
the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such
claim, and thereafter seek indemnity for such cost from the Contractor.
120. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond
the original Contract period. In such event, the City will notify the Contractors in writing of such extensions.
121. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described
herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed,
the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited
to: award of other Contracts, use of any Contractor, or perform the Work with its own employees.
122. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full
and prompt cooperation with the City in all aspects of the Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of all things necessary for
or incidental to the effective management and performance of a Project. All things not expressly mentioned in
the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and
the Contractor shall perform the same as though they were specifically mentioned, described, and delineated.
The Contractor shall furnish all labor, materials, tools, supplies, and other items required for the completion of
the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager.
123. Fraud and Misrepresentation
Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through
fraud, misrepresentation, or material misstatement, or omission of any material fact, may be debarred for up to
five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may
terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity shall
be responsible for all direct or indirect costs associated with termination or cancellation.
Design/Build Services for the
Development of Single -Family Homes or 52 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
124. Contractor in Arrears or Default
The Contractor represents and warrants that the Contractor is not in arrears to the City and is not a defaulter as
a surety or otherwise upon any obligation to the City. In addition, the Contractor warrants that the Contractor has
not been declared "not responsible" or "disqualified" by, or debarred from doing business with any state or local
government entity in the State of Florida, the Federal Government or any other State/local governmental entity
in the United States of America, nor is there any proceeding pending pertaining to the Contractor's responsibility
or qualification to receive public agreements. The Contractor considers this warrant as stated in this Article to be
a continual obligation and shall inform the City of any change during the term of the Contract.
125. Contract Documents Contain All Terms
The Contract Documents and all documents incorporated herein by reference contain all the terms and
conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject
matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of
the terms contained herein.
126. Joint Preparation
Preparation of this Contract has been a joint effort of the City and Contractor and the resulting document shall
not, solely as a matter of judicial construction, be construed more severely against one of the parties than any
other.
127. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination
and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the
Contract, which by nature would continue beyond the termination, cancellation or expiration thereof, should
survive termination, cancellation or expiration thereof.
Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without
limitation: Section 2, Article 8, "Indemnification," Section 2, Article 93, "Termination for Convenience," Section 2,
Article 4, "Contract Price & Guaranteed Maximum Cost."
128. Disclosure of State Funding, if applicable.
If State funds are being used by the City to pay for this work, the City will document whether payment will come
from funds appropriated by the State and, if known, the amount of such funds or the percentage of such funds
as compared to the anticipated total cost of the personal property or construction services.
129. Counterparts and Electronic Signatures
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to
be an original, and such counterparts shall together constitute but one and the same Contract. The parties shall
be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email
transmission), which signature shall be binding on the party whose name is contained therein. Any party
providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed
Contract upon request.
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Design/Build Services for the
Development of Single -Family Homes or 53 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Section 3 - Supplemental Terms and Conditions
1. Scope of Work
The Work consists of furnishing all design, engineering, permitting, materials, labor and equipment necessary
for the construction of single-family home(s) or twin homes, on a residential lot(s) owned by the City in
accordance with the Work Order.
Contractor shall, consistent with applicable state licensing laws, provide through qualified, licensed design
professionals employed by Contractor, or procured from qualified, independent licensed design consultants,
the necessary design services, including architectural, engineering and other professional services, for the
preparation of the required drawings, specifications and other submittals to permit Contractor to complete the
Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to
create any legal or contractual relationship between City and any design or other consultants under contract to
the Contractor.
2. Project Time
The Contractor shall furnish al labor, materials, equipment, tools, services, and incidentals to complete all design
and construction Work required and at a rate of progress that will ensure completion of the Work within the
Project Time.
Contractor shall have nine (9) months to achieve Substantial Completion from the date the Work Order is issued.
Contractor shall commence design and/or construction Work no later than fifteen (15) calendar days after a Work
Order is issued. Contractor shall have an additional thirty (30) calendar days for Final Completion of the Project.
Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. Any Work to be performed outside
of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to the requested
change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours.
3. Project Price
The City shall pay the Contractor in accordance with Article 4 of the Supplemental Terms and Conditions of the
Contract the lump sum stipulated in the Work Order, subject to any adjustments in accordance with the Contract.
Said sum shall cover all costs and fees incurred or required for the completion of the Project.
4. Progress Payments
Contractor may make application for payment for Work completed during the Project at intervals of not more
than once a month or upon completion and Final Acceptance of the Work. Contractor will be paid based on the
line item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications
shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form.
Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is
not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence
to be included with any application for payment shall include, but is not limited to, an updated progress schedule
as required. by Section 3, Article 6, "Release of Liens/Subcontractor's Statement of Satisfaction," and a partial or
final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment
and any other information required by the City. Each application for payment shall be submitted in triplicate for
approval, shall identify percentage completion of the Project, and shall be submitted to the Project Manager.
City shall make payment to Contractor within thirty (30) calendar days after approval of Contractor's application
for payment.
Five percent (5%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City.
Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be
in writing in a separate stand-alone document.
City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on
account of:
• Defective Work not remedied.
Design/Build Services for the
Development of Single -Family Homes or 54 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
• Claims filed or reasonable evidence indicating probable filing of claims by other parties against
Contractor or City because of Contractor's performance.
• Failure of Contractor to make payments properly to Subcontractors or for material or labor.
• Damage to another Contractor not remedied.
• Liquidated damages and costs incurred by City and/or Consultant for extended construction
administration.
• Failure of Contractor to provide any and all documents required by the Contract Documents and/or
Federal- Requirements relating to the CDBG funding.
In instances where multiple Projects are awarded, the Contractor shall submit separate applications for Payment
for each Project.
When the above grounds are removed or resolved satisfactorily to the Project Manager, payment shall be made
in whole or in part.
The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the
Contractor's submittal to the Contract Documents, as accepted by the City.
Contractor may be paid for materials or equipment purchased and stored at the Project site(s) or another location.
Where a payment request is made for materials or equipment not incorporated in the Project, but delivered and
suitably stored at the site or at, some other location agreed upon in writing, the written documentation must be
submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor
of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to
such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name
of City and transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for
any reason.
5. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract
Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as
follows.
In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial
Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum
of five hundred dollars ($500.00) per calendar day, which is hereby agreed upon not as a penalty but as
liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract
Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of
unexcused delay, the sum of five hundred dollars ($500.00) per calendar day, which is hereby agreed upon not
as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or
extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract
Documents.
The City shall have the right to deduct liquidated damages assessments from any payment due or which may
thereafter become due to the Contractor under any contract the Contractor has with the City. In case the
amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City,
the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the
City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any
future Work under the Contract or any other City contract until such indebtedness is paid in full to the City.
The City shall notify the Contractor that it is incurring liquidated damages.
6. Schedule of Values
The Contractor must submit three (3) copies of a Schedule of Values, which must be submitted within ten (10)
calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete
breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit should
be as separate line items. Each line item shall be identified with the number and title of the major specification
Design/Build Services for the
Development of Single -Family Homes or _ 55 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
section or major components of the items. The City may require further breakdown after review of the
Contractor's submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the Schedule of Values. The Mobilization is not to be included as a
separate line item under the Schedule of Values.
The approved schedule of values shall be updated through the submittal of the City's Contractor Payment
Application Form.
7. Project Schedules
Contractor shall submit a proposed Project schedule, within ten (10) business days of the issuance of a Work
Order and such submittal shall be subject to the Project Manager review, comment, and acceptance. Subsequent
to such review of said schedule the Contractor shall establish said schedule as the baseline schedule.
All Project Schedules shall be prepared in Microsoft Project unless otherwise approved by the Project Manager.
At the time ofsubmission of schedules Contractor shall submit a hard copy as well as an electronic version.
Such electronic version shall not be submitted in a .pdf format. Maximum sheet size shall be 24 x 36- inches.
The schedule shall be prepared in the form of a horizontal bar chart with separate horizontal bars for each design
task, construction task in the critical path in chronological order. Provide horizontal time scale in weeks. from the
start of construction and identify the first work day of each month. Identify listings of any major equipment
installation milestones.
All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted
with each pay application. An updated schedule against the baseline shall also be submitted upon execution of
each change order that impacts the Project Time for completion. Failure to submit such schedules shall result in
the rejection of any submitted payment application.
Subsequent to review of the initial schedule submission the Contractor shall establish the reviewed schedule as
the "baseline schedule." Contractor shall then prepare and submit all updates to the schedules utilizing the
tracking mode within Microsoft Project.
8. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application
for payment, whether incorporated in the Project or not, will pass to the City upon the receipt of such payment
by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work,
materials or equipment will have been acquired by the Contractor or by any other person performing Work at the
site or furnishing materials and equipment for the Project, subject to an agreement under which an interest
therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such
other person.
The Contractor shall, beginning with the second request for payment, attach a Partial Release of
Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such
documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed
by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final
payment request, for any Project where Subcontractors have performed Work, a Final Release of
Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such
documentation will result in delay in payment or the City withholding from the final payment such funds as
necessary to satisfy any Subcontractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release
of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment, Contractor
must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be
rejected.
9. Progress Meetings
Design/Build Services for the
Development of Single -Family Homes or 56 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall
hold progress and coordination meetings as required by the City, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City. Contractor
shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for
establishing procedures, responsibilities, and identification of authority for all parties to clearly understand.
During these meetings, Contractor shall identify the party or parties responsible for following up on any problems,
delay items, or questions, and Contractor shall note the action to be taken by such party or parties. Contractor
shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt
to obtain from all present any potential problem or delaying event known to them for appropriate attention and
resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to
all parties in attendance.
The Contractor shall arrange for the participation of its Subcontractors and/or vendors when the Project Manager
requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the
minutes to all parties in attendance. The Contractor shall prepare and distribute to the City an updated two -week
look -ahead schedule of construction activities and submittals.
10. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract or
RFP are unclear or conflict. All requests must be submitted in a manner that clearly identifies the document and
or section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its
recommendation for resolution. The City shall respond in writing. The Contractor shall not submit an RFI in
relation with a conflict or discrepancy in the design documents as it is the Contractors responsibility to provide
said design documents.
11. Project Site Facilities
The Contractor shall arrange for all Project Site(s) facilities as maybe necessary to enable the Project Manager
to perform their respective duties and to accommodate any representatives of the City which the City may choose
to have present at the Project Site(s).
The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for
the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building
Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County
Health Department. The Contractor, his employees or his Subcontractors or Subconsultants shall commit no
public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The
Contractor shall furnish an adequate supply of drinking water for its and its Subcontractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly
disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall
be subject to the approval of the City.
Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary
services to the site for new construction or additions to a facility. The City may authorize the use of existing
utilities. Such decision will be made at the sole discretion of the City. There shall be adequate provisions made
by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to
the City or the public. The location of the temporary facilities shall be subject to the approval of the Project
Manager.
The Contractor shall be required to obtain all necessary permits required for any Project site facilities. Contractor
shall also be responsible to maintain such facilities in a safe and working condition.
All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and
disposal of such facilities prior to Final Acceptance.
Design/Build Services for the
Development of Single -Family Homes or 57 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
12. Temporary Facilities, Utilities, and Construction
Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary
services to the site. The Contractor shall make all arrangements with the local utility companies. The Contractor
shall also be responsible for furnishing all materials and equipment necessary for the installation and
maintenance of any temporary utilities. The Project Manager may authorize the use of existing utilities. Such
decision will be made at the sole discretion of the Project Manager and the City.
Contractor shall furnish, install and maintain temporary facilities required for construction, and shall remove them
upon completion of the Work. All facilities shall comply with the respective federal, State and local codes and
regulations and with utility company requirements. Materials for temporary facilities may be new or used, but
must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate
requirements of applicable codes and standards.
The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities and
utilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. Design
Build Firm shall be responsible for payment for all fees and charges for the installation and use of all temporary
facilities and utilities.
All such facilities and utilities remain the property of the Contractor and the Contractor shall be responsible for
removal and disposal of such facilities prior to Final Acceptance.
Temporary fences: If, during the course of the Work, it is necessary to remove or disturb any fencing, the
Contractor shall, at his own expense, provide a suitable temporary fence which shall be maintained until the
permanent fence is replaced. The Project Manager will be solely responsible for the determination of the
necessity for providing a temporary fence and the type of temporary fence to be used.
Responsibility for Temporary Structures: In accepting this Contract, the Contractor assumes full responsibility
for the sufficiency and safety of all temporary structures or work and for any damage which may result from their
failure or their improper construction, maintenance or operation and will indemnify and save harmless the City
from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply
with the above provisions.
13. Project Laboratory Testing Services
The Contractor shall provide and pay for all Project Laboratory Testing Services to perform regulatory required
testing, quality assurance, and quality control testing. The Contractor is also responsible for all re -testing where
the Work or materials fail a test. The City, at its sole discretion, may conduct separate independent testing for
verification purposes. In instances where the City's testing does not verify the testing provided by the Contractor,
the Contractor shall arrange for re -testing of the Work or replacement of the Work at its own cost. Where the
Contractor has re -testing performed the City's Project Manager shall be notified in advance of such testing.
Should such testing confirm the City's findings the Contractor shall replace or correct all Work necessary to
ensure compliance with the Contract Documents. In such instances all re -testing, re -work, and delays are the
sole responsibility of the Contractor. Any delays or costs to the Contractor for testing or re -work that may result
shall not form the basis for any claim by the Contractor. Contractor shall be responsible for the costs associated
with all testing by the City where the Work is found to not be in compliance with the Contract Documents. Costs
for such retests shall be deducted from pending invoices.
14. Security
The site where the Work is to be performed may not be a secure site and the public may have access to the site.
The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment, and Work
at the Project site. The City shall not be liable for any damage or loss to such materials, tools, equipment and
Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and
equipment.
Design/Build Services for the
Development of Single -Family Homes or 58 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
15. Construction Signage
Where required by the Contract Documents the Contractor shall provide construction signage. The City shall
provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor
shall furnish the two City signs at the Project site(s) as follows:
15.1. The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast
vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be
mounted on 4-inch square wood or perforated "U" channel metal posts painted white, and be readable
at eye level. The colors to be used on the sign are as follows: the background shall be white with blue
lettering; the seal shall be white and gold with blue lettering form.
15.2. The second sign shall reflect other funding sources for the Project and shall reflect the Project
information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood, suitably
mounted and readable at eye level. The colors shall be blue and white. The background shall be white,
and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide
the City Seal in decal form.
15.3. The Contractor shall also post appropriate construction site warning signs at the Work site. Such
signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to
alert boater to the`construction zone, requiring idle speed and a minimum clearance distance. Contractor
shall provide drawings for the signage, which shall be subject to approval by the City.
15.4. The Project Manager and the City shall approve the locations for all signage.
15.5. Signage must be permitted and approved as required by City and County Sign Codes.
16. Construction Photographs
Prior to commencement of the Work the Contractor will take digital photographs to document existing conditions.
Contractor shall submit these photos on a USB Drive and printed copy with its first payment application
Contractor shall periodically take digital construction record photographs to document the progress, including
final completion, of the Work and shall be submitted on CD-ROM and printed copy with each application for
payment. All pictures must be digitally date and time stamped. Printed photo must be on 8"X10" high resolution
glossy single weight color print paper.
17. City Furnished Property
Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed to
by the City and shall reinstall or provide to the City as directed.
18. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and grades as required for
the Project and shall be solely responsible for the accuracy thereof.
19. E-Verify - Mandatory Use
Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and'shall expressly require
any Subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the Subcontractor during the Contract term.
20. Anti -Human Trafficking
Contractor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not
and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. Contractor shall
execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida
Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If Contractor fails to comply with
the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice,
and in no event shall the City be liable to Contractor for any additional compensation or for any consequential or
incidental damages.
Design/Build Services for the
Development of Single -Family Homes or 59 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
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Design/Build Services for the
Development of Single -Family Homes or . 60 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Section 4 — Design Services
1. Design Responsibility
All Professional Services shall be provided by firms licensed to perform such services in accordance with all
applicable Florida Statutes and the requirements of the State of Florida Department of Professional Regulation.
Design Build Firm shall be solely responsible for all aspects of the design of this Project and shall also be
responsible for supervision and management of the firm(s) providing Professional Services under this Contract.
Nothing contained in this Contract shall create any contractual or business relationship between the City and
the Consultant. The Contractor acknowledges that Subconsultants are entirely under its or its Consultants
direction, control, supervision, retention and/or discharge.
2. Subconsultants
All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements
between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the
rights of the City under this Contract. Nothing contained in this Contract shall create any contractual or
business relationship between the City and the Subconsultants. The Consultant acknowledges that
Subconsultants are entirely under its direction, control, supervision, retention and/or discharge
The Contractor shall not add, modify, or change the Consultant or any Subconsultant listed in Form A without
prior written approval by the Director or designee, in response to a written request from the Contractor stating
the reasons for any proposed substitution.
3. Ownership of Documents
All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under
this Contract, as well as all data collected, together with summaries and charts derived therefrom, including all
electronic digital copies will remain the property of the Contractor or Subconsultant as applicable. However,
upon Termination for Default of this Contract the plans and specifications, without restriction or limitation on
their use for the purpose of completing the construction of the Model(s) under a Work Order, will be made
available by the Contractor and Subconsultant(s), upon written request, to the City. The City shall have the
right to visit the site for inspection of the Work and the products of Consultant at any time. The City shall be
permitted to retain copies, including reproducible copies, solely for information and reference in connection
with the Project. Upon completion of the Project, the Plans and/or Drawings shall become the property of the
City.
4. Error and Omission Issues
Contractor is solely responsible for the coordination of the drawings and specifications and is solely
responsible for all costs resulting from any errors and/or omissions in the drawings and specifications.
5. Contractor's Key Staff
The parties acknowledge that Contractor was selected by City, in part, on the basis of qualifications of
particular staff identified in •Contractor's response to City's solicitation, hereinafter referred to as "Key Staff'.
Contractor shall ensure that Key Staff, including Consultant and Subconsultant Key Staff are available for Work
hereunder as long as said Key Staff is in Design Build Firm's or Consultant's employ. Contractor will obtain
prior written acceptance of Director or designee to change Key Staff. Contractor shall provide Director, or
designee with such information as necessary to determine the. suitability of proposed new Key Staff. Director
will act reasonably in evaluating Key Staff• qualifications. Such acceptance shall not constitute any
responsibility or liability for the individual's ability to perform. Key Staff shall be listed Key Staff in Form B.
6. Truth -In -Negotiation Certificate
Design/Build Services for the
Development of Single -Family Homes or 61 - RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
By executing this Contract, the -contractor certifies that wage rates and other factual unit costs supporting the
cost of the Project are accurate, complete, and current at the time of Notice to Proceed. The original Project
price and any addition thereto will be adjusted to exclude any significant sums by which the City determines
the Contract Price was increased due to inaccurate, incomplete or non -current wage rates and other factual
unit costs. All such price adjustments will be made within one (1) year following the end of the Project.
7. Scope of Services
The Contractor agrees to provide comprehensive professional services in accordance with all applicable laws
and building and environmental regulations, including the Florida Building Code and the City of Miami, Florida,
Code of Ordinances, and as set forth in the Contract Documents. Contractor shall furnish, as Basic Services,
comprehensive professional services for the Projects including, but not limited to those described in Section 3,
Article 8, "Basic Services."
8. Basic Services
Contractor agrees to provide complete Professional Services as set forth in the tasks enumerated hereinafter,
in accordance with the Florida Building Code, latest edition, all federal, State, County and City of Miami,
Florida, Laws, Codes and Ordinances. Contractor shall maintain an adequate staff of qualified personnel on
the Work at all times to ensure its performance as specified in the Contract.
Contractor shall submit at least one (1) electronic set of all documents and five (5) copies of documents
required under this Article, without additional charge, for review and approval by the City. Contractor shall not
proceed with the next task of the design Work until the documents have been approved, in writing, by the City,
and an Authorization to Proceed with the next task has been issued by the City.
These services, hereinafter referred to as "Basic Services" are summarized as follows:
8.1. CONSTRUCTION DOCUMENTS
Contractor shall submit two (2) full size copies and three half-size sets of the drawings and one digital copy in
.pdf format, plot, and .dwg formats.
From the approved Design Documents, Contractor shall identify any deviation(s) from the approved Model, the
basis for such deviation(s), and the cost impact to the Project. Where any Model specified equipment and
materials are being substituted the Contractor must provide life -cycle calculations to demonstrate the long-term
benefit(s) to the City for any proposed substitution of specified equipment. Contractor shall prepare for written
approval by City, Final Construction Documents setting forth all design drawings and specifications needed to
comprise a fully permittable, constructible Project.
8.2. DRY RUN PERMITTING
The Contractor shall file and follow-up for building permits at the earliest practicable time during the
performance of the Work, the necessary portions of the Construction Documents for approval by City, County,
State and/or Federal authorities having jurisdiction over the Project by law or contract with the City, and must
coordinate in obtaining any such applicable certifications of permit approval by such authorities prior to
approval by the Project Manager of the final set and printing of the Construction Documents for the applicable
portion of the Work. The Contractor shall promptly, at any time during the performance of the Work hereunder,
advise the City of any increases in costs set forth in the Work Order that in the opinion of the Contractor is
caused by the requirement(s) of such reviews by the permitting entities.
Upon completion of dry run permitting by the permitting entities shall provide two (2) full size sealed copies of
the drawings and specifications and three half-size. by the permitting entities shall also provide digital versions
of the drawings in .dwg, and .pdf formats.
8.3. ADMINISTRATION OF THE CONSTRUCTION CONTRACT
8.3.1. The Construction Phase will begin upon commencement of construction and will end when the
Contractor has provided to the City all post construction services, including documents, As -Built
drawings, Contractor's record drawings, warrantees, guarantees, operational manuals, and
Design/Build Services for the
Development of Single -Family Homes or 62 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Certificate(s) of Occupancy have been delivered to the City and the City approves the final
payment to the Contractor. During this period, the Contractor through its Consultant shall provide
administration of the construction contract as provided by this Contract, and as provided by law.
8.3.2. The City or its representative(s) shall visit the site to conduct field observations, at a minimum
on a weekly basis, and at all key construction events; to ascertain the progress of the Project and
shall visit the site as appropriate to conduct field inspections to ascertain the progress of the
Project and determine, in general, if the Work is proceeding in accordance with the Contract
Documents. The Consultant shall provide any site visits necessary for certification if required by
the authorities having jurisdiction. Threshold inspection shall be provided by the Contractor at no
additional cost to the City. The City or its representative(s) shall report on the progress of the
Work, including any defects and deficiencies that may be observed in the Work. The Contractor
shall be responsible for writing minutes of all meetings and field inspections report, as well as the
distribution of the minutes.
8.3.3. The Consultant, if applicable, shall furnish the City, and the Contractor with a written report of all
observations of the Work made by Consultant, and require all Subconsultants to do same during
each visit to the Project. The Consultant shall also note the general status and progress of the
Work on forms furnished or approved by the City. The Consultant shall submit the reports in a
timely manner. Consultant shall assist the City in ensuring that the Contractor is making timely,
accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be
submitted on a monthly basis. The Consultant's failure to provide written reports of all site visits or
minutes of meeting shall result in the rejection of payment requests by the Contractor and may
result in a proportional reduction in Construction Administration fees paid to the Contractor.
8.3.4. Based on observations at the site and consultation with the Consultant, the Project Manager
shall determine the amount due the Contractor based on the approved schedule of values and
shall recommend approval of such amount as appropriate. This recommendation shall constitute a
representation by the Consultant to the City that, to the best of the Consultant's knowledge,
information, and belief, the Work has progressed to the point indicated and that, the quality of the
Work is in accordance with the Contract and the Contractor is entitled to amount stated on the
requisition subject to:
8.3.4.1. A detailed evaluation of the Work for conformance with the contract upon substantial
completion;
8.3.4.2. The results of any subsequent tests required by the Contract;
8.3.4.3. Minor deviations from the Contract correctable prior to completion;
8.3.4.4. Any specific qualifications stated in the payment certificate and further that the
Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or
as stated on the requisition.
Prior to recommending payment to the Contractor, the Consultant will prepare a written statement
to the City on the status of the Work relative to the Construction Schedule, which shall be attached
to the Contractor's payment application. Such statement shall be prepared immediately following
the requisition field meeting. By recommending approval of a Payment Certificate, the Consultant
shall not be deemed to represent that the Consultant has made any examination to ascertain how
and for what purpose the Contractor has used money paid on account of the Project Price.
8.3.5. The Consultant shall be the interpreter of the requirements of the Contract Documents and the
judge of the performance thereunder. The Consultant shall render interpretations necessary for
the proper execution or progress of the Work upon written request of either the City or the
Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all
claims, disputes and other matters in question between the City and the Contractor relating to the
execution or progress of the Work. Interpretations and decisions of the Consultant shall be
Design/Build Services for the
Development of Single -Family Homes or 63 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
consistent with the intent of and reasonably inferable from, the Contract Documents and shall be
in written or graphic form.
8.3.6. The Consultant shall have the authority to recommend rejection of Work, which does not
conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant
considers it necessary or advisable to ensure compliance with the Contract Documents, the
Consultant will have the authority to recommend special inspection or testing of any Work deemed
to be not in accordance with the Contract Documents, whether or not such Work has been
fabricated and/or delivered to the Project, or installed and completed.
8.3.7. The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Contractor. Changes or substitutions to the
construction documents shall not be authorized without concurrence of the City's Project Manager
and/or Director. The Consultant shall upon receipt of shop drawings, samples, RFI's or other
submittals by the Contractor, timely review and return the shop drawings or submittals to the
Contractor with comments indicating either approval or disapproval, with a copy to the Project
Manager. Consultant shall provide the Contractor and the Project Manager with a detailed written
explanation as to the basis for rejection.
8.3.8. The Consultant shall initiate and prepare required documentation for changes as required by the
Consultant's own observations or as requested by the City, and shall review and recommend
action on proposed changes. Where the Contractor submits a request for Change Order or
Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit
to the City, his/her recommendation or proposed action along with an analysis and/or study
supporting such recommendation.
8.3.9. The Consultant, in conjunction with the Project Manager, shall examine the Work upon receipt
of the Contractor's request for substantial completion inspection of the Project and shall, prior to
occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial
Completion" after first ascertaining that the Project is substantially complete in accordance with
the contract requirements. The Consultant shall, in conjunction with representatives of the City
and the Contractor, prepare a punch list of any defects and discrepancies in the Work required to
be corrected by the Contractor in accordance with Florida Statute § 218.735. Upon satisfactory
completion of the punch list, the Consultant, in conjunction with the Project Manager, shall
recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor.
Upon satisfactory completion of all items on the punch list all necessary closeout documentation
shall be submitted by the Contractor, including but not limited to all guarantees, operating and
maintenance manuals for equipment, releases of liens/claims and such other documents and
certificates as may be required by applicable codes, law, and the Contract before final acceptance
shall be issued to the Contractor.
8.3.10. The Consultant shall review the Contractor's "as built" drawings and submit them to the City
upon approval by the Consultant. The Contractor is responsible for preparing the "as built"
drawings.
8.3.11. The Contractor shall furnish to the City the original documents, including drawings, revised to
"as -built" conditions. In preparing the "Record Set" documents any certification required under this
Contract including the contents of "as -built" documents is conditioned upon the accuracy of the
information and documents provided by the Contractor. The original documents as well as the
"Record Set" shall become the property of the City. A reproducible set of all other final documents
will be furnished to the City free of charge by the Contractor. The Contractor shall furnish to the
City one complete set of "Record Set Drawings", in AutoCad or such other format acceptable to
the City.
Design/Build Services for the
Development of Single -Family Homes or . 64 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
9. Additional Design Services
Additional design services shall be handled as a Change Order to the Contract. Additional Design Services
shall be for the provision of Professional Services requested by the City that were not included in the approved
Design Documents or within the Basic Services contained in the Contract. Upon request of the City, the
Contractor will prepare and submit a Change Order Proposal, which shall include the deliverables and costs.
The breakdown of the costs shall be provided on the City' Work Order Form spreadsheet.
[Remainder of page intentionally left blank]
Design/Build Services for the
Development of Single -Family Homes or 65 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Section 4 — Exhibits
Exhibit A — Notice of Award
Exhibit B - Approved Scope of Work and Price Schedule
Exhibit C - RFP No. HCD 2024-01
Exhibit D — Contractor's Submittal
Exhibit E — Project Site(s)
Exhibit F — Form of Payment and Performance Bonds
Exhibit G — Corporate Resolution
Exhibit H — Project Specifications
Exhibit I — Shop Drawings
Exhibit J — Project Critical Path Schedule
[Remainder of page intentionally left blank]
Design/Build Services for the
Development of Single -Family Homes or 66 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Section 5 - Contract Execution Form
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
WITNESS/ATTEST
Signatur
RF CONSTRUCTION GROUP INC., a Florida Profit
Corporation
/2. 6_..z
Signature
C0,2TC0).a.L+ t-44t&J r- RO LI 1 Co t�IGO Prc S -
P nt Name, Title 3 Print Name, Title of Authorized Officer or Official
ATTEST:
CONTRACTOR Secretary
(Affirm Contractor Seal, if available)
APPROVED AS TO
REQUIREMENTS:
i
(CORPORATE SEAL)
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Cr+v ifl 'n 2 Georg & K. Wyso
Risk Managemen De • artment r,u-}e r� +�+ 17 % Z<"
ATTEST:
CITY OF MIAMI, a municipal corporation of the
State of Florida
Art'Noriega V,'City Manager
Design/Build Services for the
Development of Single -Family Homes or 67 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Exhibit A
Notice of Award
Design/Build Services for the
Development of Single -Family Homes or 68 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
ARTHUR NORIEGA, V
City Manager
May 27, 2025
Dear M. Franco and Cazas,
This correspondence is to inform you that as per the recommendations of the RFP Review Committee,
and the City of Miami's Department of Housing and Community Development, the proposed single
family and twin home, Design -build units, submitted by RF Construction Group, Inc., through the
above referenced RFP was recommended for contract engagement.
The City of Miami Commission approved on March 13th, 2025 Resolution R-25-0110 which
recommended engaging your firm to develop your submitted models at the cost represented in your
proposal, on the following City of Miami Tots.
5/2024 RFP Infill Houses
1544 NW 58 TER Single -Family 120% RF Construction Group
411 NE 69 ST Single -Family 140% RF Construction Group
The Department of Housing and Community Development will contact you with further instructions
and/or request further information required to proceed with this process.
If you have any questions, please contact Alberto Castellon, Housing Dev. Coordinator, at 305-416-
2084 or Ms. Dollila Pinkhasov, Property Manager at 305-416-2184.
Sincerely,
Victor Turner
Director
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
14 NE 1st Avenue, 2nd Floor, Miorni, FL 33132 / (305) 416-2080
Exhibit B
Approved Scope of Work and Price Schedule
Design/Build Services for the
Development of Single -Family Homes or 69 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
:: CAZAS
C 0 N S U L T 1 N G
City of Miami Home
3 Bedrooms / 2 Bathrooms - 1400+ Square Feet
District 5
06/17/2024
Hard Cost
Shell
$69,400.00
Trusses
$14,500.00
Roof
$18.200.00
Insulation
$1,200.00
Framing & Drywall
$19,200.00
Air Condintion / Fixtures
$14,300.00
$14,900.00
Plumbing / Fixtures
Electric / Fixtures
$15,900.00
Windows / Doors
$14.387.00
Flooring & Entry Wall
$7,800.00
Doors / Millwork
$6,200.00
Cabinets
$5,400.00
Appliaances Allowance
$5,250.00
Stucco
$7,600.00
Painting (Interior & Exterior)
$9,200.00
Driveway / Sidewalk
$9,000.00
Landscaping
$9,500.00
$241,937.00
Soft Cost
Plans / Bonds
$11,200.00
Permits / Plans Runner
$6.200.00
Utility Connection
$1.400.00
WASD
$2,700.00
$3,200.00
Insurance
$24,700.00
Total Construction Cost
$266,637.00
15% P/O
$39,995.55
Total Replacement Home Cost
$306,632.55
DEVELOPERS
CONTRACTORS
BROKERS
Exhibit C
RFP No. HCD 2024-01
Design/Build Services for the
Development of Single -Family Homes or 70 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
City of Miami
Request for Proposals
For Development of single-family homes or twin homes on
City -owned Vacant Land in District 5
Date of Issuance: May 31st, 2024
TABLE OF CONTENTS
Introduction 3
Executive Summary 4
I. The Opportunity 5
II. The Sites 5
III. Requirements 5
IV. Property 7
V. Regulatory Process 10
VI. Review and Selection Process .. 10
VII. Submittal Requirements 13
Exhibits A through C
Required City Forms
2
Ladies and Gentlemen:
Thank you for your interest in this Request for Proposals ("RFP") for the development of City of
Miami ("City") -owned sites (in District 5) specified in Exhibit B. The City, through this RFP, is
soliciting proposals from qualified Applicants (general contractors, architects, development teams)
to design and build single-family homes or twin homes (two attached single-family homes)
consistent with the zoning of the sites.
Enclosed is the City's RFP, which contains detailed site information as follows: uses the City is
seeking; development and disposition considerations; RFP submission requirements; and the
selection procedures pertinent to the Proposals.
Proposals must comply with all submission requirements detailed in the RFP to be eligible for
consideration.
The workshop for this RFP will be held on June loth, 2024. Please pre -register for the workshop
by sending your name and e-mail to dpinkhasov@miamigov.com. Final workshop details and
time (including final address (if in -person) or Microsoft Teams invite) will be provided to your e-
mail address, as supplied. All applicants are welcome to attend and ask any questions related to
this RFP at that time.
Proposals are due no later than 3:00 p.m. on Tuesday July 16th, 2024 and must be delivered to the
City of Miami Clerk's Office, 3500 Pan American Drive, Miami, Florida, 33133. A list of
respondents will be made public the next business day.
The City welcomes responsive development proposals and looks forward to working with a
development team to realize this development opportunity.
Sincerely,
Alfredo Duran, Assistant Director
Depaitnient of Housing and Community
Development
City of Miami
3
Development Opportunity
Executive Summary
Plan, design, develop and construct single-family homes and/or
twin homes on the sites shown in Exhibit B.
Location(s) Refer to Exhibit B.
Required Use Single family home or twin homes development consistent with
the zoning of the site.
Density Consistent with zoning of the site.
Developer Selection Process Open, competitive, sealed bid process. The City reserves the
right to reject any or all bids.
How to Obtain RFP
RFP Due Date
Please submit your request by e-mail to the Property Manager
at DPinkhasov a,miamigov.com , or by mail to Single Family
Homes or Twin Homes Development on City Owned Vacant
Land RFP, One Flagler Building, 14 NE 1st Ave, 2nd Floor,
Miami FL 33132.
The RFP can also be downloaded from the City of Miami
website at www.miamigov.com/HCD-RFPS
(Bidders downloading the RFP are advised to register with the
City at dpinkhasov@miamigov.com in order to be notified of
changes to the RFP.)
Tuesday, July 16th, 2024, by 3 PM at
Miami City Hall, City Clerk's Office
First Floor Counter
3500 Pan American Drive
Miami, FL 33133
4
I. THE OPPORTUNITY
This RFP is an invitation from the City of Miami ("City") to qualified
Applicants/contractors/developers/architects ("Bidders") to design and build single-family homes
or twin homes using the sites available in Exhibit B.
II. THE SITES
The properties are identified in the attached Exhibit B.
Existing conditions
The site and its improvements are provided "as is" by the City for redevelopment. No
representations or warranties are made as to its condition, state or characteristics. EXPRESS
WARRANTIES AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
OR USE AND HABITABILITY ARE HEREBY DISCLAIMED. Existing improvements and
facilities, if any, that are located on the property are not to be retained as a part of the proposed
redevelopment of the site. New appraisals, testing, inspections, and/or other non-invasive due
diligence shall be at the sole cost and expense of the prospective Bidders and should be included in
the total bid proposal as total cost of development.
Environmental conditions
The City is providing the sites for development in an "as -is" condition, without making any
representation to its environmental condition. During the due diligence period, which begins on
the RFP issue date and runs thru the RFP due date, all potential Bidder(s) shall have site access
to conduct environmental site assessments or site inspections, including sampling and testing of
the soils, sediments and possibly the groundwater, for the presence of asbestos -containing materials
("ACMs"). If any hazardous material is discovered, the successful Bidder shall be responsible for
the removal or remediation of the hazardous materials as required by law. To request site access
during the due diligence period, please contact dpinkhasov@miamigov.com.
Zoning
The zoning for the sites must be confirmed by the Applicant. Proposals must ensure that the
development complies with all applicable zoning laws, or provides a detailed evaluation of zoning
changes needed to realize the proposal. Additionally, any design specifications required by the City
of Miami in connection or associated with a historically significant or designated area affecting any
of the subject sites.
5
III. REQUIREMENTS
General requirements
• Type of residential units: A minimum of three -bedroom unit, with at least 1,400 sq. ft. living
area, must have at least two full bathrooms (one of which must have a tub), washer and dryer
connections, Energy Star efficient kitchen appliances consisting of range with hood,
refrigerator/freezer, garbage disposal, and dish washer.
Architecture
■ The project should complement and be consistent with the surrounding neighborhood.
Green Building Criteria
■ Applicants must select several items from the Green Building Criteria beyond those
identified as required, included as Exhibit A.
Landscaping
• Should be consistent with zoning regulations. The winning proposal(s) will be required to
incorporate into the project recommendations by the Design Review Committee, if
applicable. It shall be the responsibility of the Bidder to identify each tree located on a site
and include any cost associated with the removal of a tree or the bonding of any trees that
shall remain on the site. Bidders are recommended to develop a Tree Plan and may request
site access during due diligence period, as described in Environmental section.
Scope of Work
• The Work consists of furnishing all design, engineering, permitting, materials, labor and
equipment necessary for the construction of single-family home(s) or twin homes, on a
residential lot(s) owned by the City
■ The Bidder's response shall be consistent with applicable state and local licensing laws and
ordinances, provided through qualified, licensed contractors and/or subcontractors,
complete construction.
General Terms and Conditions
Time is of the essence
Bidder will promptly perform its duties under the Contract and will give the Work as much
priority as is necessary to cause the Work to be completed on a timely basis in accordance
with the Contract Documents. All Work shall be performed strictly (not substantially) within
the time limitations necessary to maintain the critical path and all deadlines established in
the Contract Documents.
6
All dates and periods of time set forth in the Contract Documents, including those for the
commencement, interim milestones, milestones, completion of the Work, and for the
delivery and installation of materials and equipment, were included because of their
importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for the approved
extensions, Excusable Delay, Non-Compensable, the Bidder understands that, except and
only to the extent provided otherwise in the Contract Documents, the occurrence of events
of delay within the Bidder's control, the Work shall not excuse the Bidder from its obligation
to achieve full completion of the Work within the Contract Documents Time, and shall not
entitle the Bidder to an adjustment. All parties under the control or Contract with the Bidder
shall include, but are not limited to, material persons and laborers.
The Bidder acknowledges that the City is purchasing the right to have the Bidder
continuously working at the Project site(s) for the full duration of the Project to ensure the
timely completion of the Work.
Contract Term
The Contract shall commence upon issuance of the Notice To Proceed ("NTP"), which shall
be issued subsequent to the execution of the Contract by the City. The Contract shall
terminate upon notice by the City that the Contract has been closed -out after final completion
or otherwise terminated by the City pursuant to the terms and conditions herein set forth.
The total proposal amount shall be the Guaranteed Maximum Cost ("GMC") of the Project,
which means the maximum cost of the Work including labor, materials, equipment,
overhead expenses, and profit. The City will not be liable for payment of any amount in
excess of the GMC unless, the Department has approved a Project contingency and has
approved a prior amendment to the Contract setting forth an additional amount due to Owner
requested changes or its equivalent.
Notices
Whenever either party desires to give written notice unto the other relating to the Contract,
such must be 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 Article. Notice shall be deemed given on
the date received or within three (3) calendar days of mailing, if mailed through the United
States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile.
Notice shall be deemed given via courier/delivery service upon the initial delivery date by
the courier/delivery service. For the present, the parties designate the following as the
respective places for giving of notice:
For City of Miami:
Arthur Noriega V
City Manager
City of Miami
444 SW 2" a Avenue, 10`h Floor
Miami, Florida 33130
7
anoriega(&,,miami gov.com
(305) 416-1025
Alfredo Duran
Assistant Director
Department of Housing & Community Development
City of Miami
One Flagler Building, 14 NE 1st Avenue, 2nd Floor
Miami, Florida 33132
aduranna miamigov.com
(305) 416-2080
For Bidder:
President
Company Name
Company Address
Email
Phone
During the Work, the Bidder shall maintain continuing communications with the
Depaitiiient. The Bidder shall keep the City fully informed as to the progress of the Project
at all times through ongoing communications with the Project Manager.
Indemnification
Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense),
the City and its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused in whole or in part by the negligence, recklessness, negligent act or omission,
or intentional wrongful misconduct of Bidder and persons employed or utilized by Bidder
in the performance of this Contract. Bidder shall further, indemnify, hold and save harmless,
and defend (at its own cost), the City and its officials and/or employees, against any civil
actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted Work, even if it is alleged that the City, its officials, and/or employees were
negligent. In the event that any action or proceeding is brought against the City by reason
of any such claim or demand, the Bidder shall, upon written notice from the City, resist and
defend such action or proceeding by counsel satisfactory to the City. The Bidder expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by the Bidder shall in no way limit the responsibility to indemnify, hold and save
harmless, and defend the City and its officers, employees, agents, and instrumentalities as
herein provided.
The indemnification provided above shall obligate the Bidder pre and post construction to
defend, at its own expense, to and through trial, administrative, appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at the City's option, any and all
claims of liability and all suits and actions of every name and description, which may be
brought against the City, whether performed by the Bidder, or persons employed or utilized
by Bidder. These duties will survive the cancellation or expiration of the Contract. This
8
Section will be interpreted under the laws of the State of Florida, including without limitation
and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08,
Florida Statutes, as applicable and as amended.
Bidder shall require all sub -contractor agreements to include a provision that each sub-
contractor will indemnify the City in substantially the same language as this Section. The
Bidder agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any actions or omissions of the Bidder in which the City
participated either through review or concurrence of the Bidder's actions. In reviewing,
approving or rejecting any submissions by the Bidder or other acts of the Bidder, the City in
no way, assumes or shares any responsibility or liability of the Bidder or sub -contractor
under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and
sufficiency of which is voluntarily and knowingly acknowledged by the Bidder.
Insurance
Without limiting any of the other obligations or liabilities of Bidder, Bidder shall provide,
pay for, and maintain in force until all of its Work to be performed under this Contract has
been completed and accepted by City (or for such duration as is otherwise specified
hereinafter), the insurance coverage's set forth herein and specified in Exhibit C.
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit (Per Job) $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Extended Completed Operations Endorsement proving 3 years
Coverage extension following project completion, including City as additional insured
Including Crane and Rigging Liability, as applicable
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
9
City of Miami included as an additional insured
Including Crane and Rigging Liability, as applicable
III. Worker's Compensation Limits of Liability (Part A): Statutory, per State of Florida
Employer's Liability
A. Limits of Liability (Part B)
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
Waiver of subrogation
IV. Umbrella Policy (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 2,000,000
Aggregate $ 2,000,000
City of Miami listed as an additional Insured.
Coverage is excess follow form over all liability polices contained herein.
VI. Professional Liability/Errors & Omissions
Any licensed design professional work such as that provided by architects, engineers, construction
consultants, etc., shall maintain professional liability insurance:
Each Claim
Policy Aggregate
$2,000,000
$2,000,000
If claims made, retro Date applies prior to contract inception.
Coverage is to be maintained and applicable for a minimum of 3 years following contract completion.
VIII. Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Total Cost of Renovation
Deductible: $25,000 Maximum
5% Maximum on Wind/Hail and Flood
A. Coverage Extensions:
City of Miami listed as loss payee
Including Storage and transport of materials, equipment, supplies of any kind to be used on or
incidental to the project.
Equipment Breakdown for testing of al mechanized, pressurized, or electrical equipment.
The above policies shall provide the City with written notice of cancellation or material change from
the insurer not less than thirty (30) calendar days prior to any such cancellation or material change.
If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall
be furnished at least thirty (30) calendar days prior to the date of their expiration.
Contractor/Bidder shall furnish to the Department the Certificates of Insurance or endorsements
evidencing the insurance coverage specified above within fifteen (15) calendar days after
10
notification of award of the Contract. The required Certificates of Insurance shall name the types
of policies provided, refer specifically to this Contract, and state that such insurance is as required
by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used
in all insurance documentation. The City shall be listed as an additional insured where
applicable.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above to the Bidder:
The company must be rated no less than "A-" as to management, and no less than "Class V"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
The Risk Administrator or their authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations by providing a thirty (30) calendar day written
notice to the Bidder in accordance with Section 3, General Terms and Conditions, Article 3,
Notices. Bidder shall comply with such requests unless the insurance coverage is not then
readily available in the national market. An additive or deductive change order will be issued
to adjust the Contract value as necessary. For insurance bonding issues and decisions, the
City shall act through its Risk Administrator (unless otherwise stated).
Performance and Payment Bond
Where required by the Contract Documents or by Florida Statutes, the Bidder shall within fifteen
(15) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond")
containing all the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing
to City the completion and performance of the Work covered in the Contract Documents as well as
full payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each
Bond shall be with a surety, which is qualified pursuant to Article 8, Qualification of Surety.
Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work
with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall
be conditioned that Bidder will, upon notification by the City, correct any defective or faulty Work
or materials which appear within one year after Final Completion of the Project.
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time,
Bidder shall ensure that the Bond(s) referenced above shall be recorded in the public records and
provide the City with evidence of such recording.
11
Alternate Form of Security:
In lieu of a Performance/Payment Bond, Bidder may furnish alternate forms of security, which may
be in the form of cash, money order, certified check, cashier's check, or unconditional letter of credit.
Such alternate forms of security shall be subject to the prior approval of the City and for same
purpose and shall be subject to the same conditions as those applicable above and shall be held by
the City for one year after completion and acceptance of the Work.
IV. PROPERTY
Public Entity Crime
A person or affiliate who has been placed on the convicted Bidder list following a conviction for a
public entity crime may not submit a Proposal on a Contract to provide any goods or services to a
public entity, may not submit a Response on a Contract with a public entity for the construction or
repair of a public building or Public Works project, may not submit a Response on a lease of real
property to a public entity, 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 Section 287.017 of Florida
Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on
the convicted Bidder List.
Fraud and Misrepresentation
Any individual, corporation, or other entity that attempts to meet its contractual obligations with the
City through fraud, misrepresentation or material misstatement, or omission of any material fact,
may be debarred for up to five (5) years in accordance with the applicable provisions of the City
Code. The City as a further sanction may terminate or cancel any other Contracts with such
individual, corporation, or entity. Such individual or entity shall be responsible for all direct or
indirect costs associated with termination or cancellation.
Bidder in Arrears or Default
The Bidder represents and warrants that the Bidder is not in arrears to the City and is not a defaulter
as a surety or otherwise upon any obligation to the City. In addition, the Bidder warrants that the
Bidder has not been declared "not responsible" or "disqualified" by, or debarred from doing business
with any state or local government entity in the State of Florida, the Federal Government or any
other State/local governmental entity in the United States of America, nor is there any proceeding
pending pertaining to the Bidder's responsibility or qualification to receive public agreements. The
Bidder considers this warrant as stated in this Article to be a continual obligation and shall inform
the City of any change during the term of the Contract.
The City shall not consider and shall deem as non -responsible, proposals submitted by Bidder where
the City has determined that the Bidder is in monetary arrears, or otherwise in debt or in default to
the City, at the time and date proposals are due.
Rejection of proposal
The City reserves the right to accept any responsive proposal, waive any non -material irregularities
in any proposal, to cancel any or all proposals before opening, to reject any or all proposals after
opening and/or to re -advertise for proposals.
12
V. REGULATORY PROCESS
The specific plans for the site will require various permits and approvals. The City has no structural
or floor plans available for any structures that may be located on the site(s). Each respondent to the
RFP is responsible for determining which permits and approvals will be required for development
and operation of the site(s). The successful Bidder shall be responsible for acquiring all required
permits, licenses, and approvals from all agencies with jurisdiction, including, but not limited to,
the City, Miami -Dade County, the State of Florida, federal agencies and all public utilities.
Additionally, all improvements must comply with all applicable building, fire, zoning, health and
other code requirements.
VI. REVIEW AND SELECTION PROCESS
Threshold requirements and standards
Each respondent is mandated to meet the following minimum requirements to receive further
consideration of their proposals. Respondents are encouraged to form appropriate development
teams in order to assemble the requisite expertise, experience, financial, and management capability
to meet these threshold requirements. As such, where applicable, these standards will be applied to
the development team as a whole, in a manner that is commensurate with the allocation of
responsibility within the team. Each team must demonstrate:
• A current certified General Contractor License issued by the State of Florida: or a current
certified Building Contractor license issued by the State of Florida; and a minimum of three
(3) years' experience in the in the construction of single-family homes and/or twin homes.
Bidders with defaulted or unsuccessful projects (as deemed by City administration) in the
City are not eligible to apply. In addition, Bidder owing the City any money, or in default
on any City loans, are not eligible to apply.
Review committee
The Director of the Department of Housing and Community Development ("Director") or designee
shall appoint a review committee ("Committee") to evaluate each responsive proposal. The
Committee shall consist of an appropriate number of City officials or employees and other members
appointed by the Liberty. City Community Revitalization Trust Board. In this process, the
Committee shall rely on the documentation submitted in the proposal.
The Committee shall use the specific evaluation criteria as defined below and according to the
scoring summaries included on the scoring sheets. Each Committee member shall review each
proposal specifically noting the level of detail given to criteria of critical importance to the City and
assign a numerical score accordingly. Each Committee member shall determine a rank order based
upon the numeric score achieved. The Committee shall arrive at a rank order of proposals based on
the individual member's vote of its rank order. The Committee shall render a written report to the
Director of its evaluation of all responsive proposals. The Committee has the authority to
recommend one or more, or none, of the proposals as it deems to be in the best interest of the City.
13
Upon receipt of the report from the Committee, the Director or designee shall make his/her
recommendation to the City Manager as to which proposal shall be awarded the properties.
Notwithstanding the aforementioned, the Director/designee has the right to exercise the authority
reserved above in the section titled Rejection of proposal.
Evaluation criteria
Overall plan & design of the proposed development
• Appropriateness and quality of the design.
• Efficiency of site design, organization, and compatibility of uses
• Imaginative and creative treatment of public access, other public spaces, exterior space,
circulation, view corridors, landscaping, graphics, and lighting.
■ Quality and sound principles of urban design proposal.
■ Detailed development schedule.
■ Number of specifications adopted from Exhibit A (Green Criteria)
• Proposed Cost
Green Criteria
Points will be awarded based on the commitment level of the developer to green building criteria
selected in Exhibit A.
City Manager
The City Manager shall take into consideration the recommendation of the Director or designee
based on the findings of the Committee, and shall then recommend one or more, or none, of the
proposals to the City administration for subsequent negotiations. The City Manager's
recommendation shall be in writing.
Anticipated selection schedule
The anticipated schedule for this RFP and subsequent contract is as follows. All dates are tentative
and subject to change.
> RFP available for distribution May 31st, 2024
> RFP Workshop June 10th, 2024
> Proposal due date July 16th, 2024, 3pm
> Proposal evaluation by Review Committee July 31St, 2024
> HCD's recommendation to City Commission September 27th, 2024
14
VII. SUBMITTAL REQUIREMENTS
Required proposal format
Bidder shall submit one (1) bound original, three (3) bound copies with tab dividers separating
each section, with sub -tabs as needed, and one (1) unbound copy without tabs for duplicating needs,
all on 8-1/2" x 11" letter size paper. Original board -mounted illustrative drawing(s) that do not
exceed 24" x 36", along with five (5) copies of the drawing reduced to 11" x 17" ledger size paper,
area acceptable. All required drawings shall be submitted in 1":100' scale. Models and photographs
of models will not be accepted.
The proposal's minimum font size shall be 12 point, in either Arial or Times New Roman formats.
One inch margins and single spacing shall be utilized on all text documents submitted.
The cover page must include: The Bidder's name; contact person for the RFP; primary office
location; local business address, if applicable; business telephone and fax numbers, e-mail addresses
(if applicable); title of RFP; and federal employer identification number or social security number.
15
Required proposal content
Table of contents
The table of contents must outline, in sequential order, the major sections of the proposal as listed
below, including all other relevant documents requested for submission. All pages of the proposal,
including enclosures such as charts, graphs, and illustrations must be clearly and consecutively
numbered and correspond to the table of contents.
I. Overall copy of permitting plan & design of the proposed development
a. Unit design
b. Development schedule
H. Management and operations of proposed development
a. Bidder and development team's experience and capability to fulfill proposal
commitments
HI. Required City forms
Iv. Attachments
16
I. Overall. plan & design of the proposed development
Respondent must summarize the proposal providing an overview of the proposal document.
a. Project plan
The plan must include:
1. Narrative description
2. Site program analysis including:
• Number, type, and size of housing unit(s) to be constructed;
3. Site plan:
• The plan must illustrate the relationship and connectivity of the proposed
project to the adjacent roadways and residential neighborhood.
4. Renderings of overall site including, but not limited to, the following:
• Context of proposed improvements in relation to the site;
• Landscape;
• Housing unit height; and
• Green areas/open spaces.
(No more than 3 renderings will be accepted.)
5. Optional elevations
No more than three different project elevations will be accepted (Submission of
elevations is optional.)
b. Development schedule
Bidder must provide a narrative accompanied by a graphic time line or schedule detailing
all phases of the development including applicants due diligence, planning and design,
permitting, construction, and operations. The schedule must include an explanation of how
the phasing of the project was determined and a projection of the project completion time
required following the applicant receiving control of the site.
II.. Management and operations of the proposed development
a. Operating plan
The proposal must include a narrative describing the management and operation of the
proposed construction including number of jobs to be created
b. Development Team
Bidders must have formed a development team that assembles the requisite expertise,
experience, design, engineering, financial, and management capability to develop a single-
family housing unit(s). For the purpose of this RFP, development entities are defined as
the legal entity submitting the proposal and with whom the City would enter into the
agreement for the site, if awarded. The City reserves the right to conduct a complete
17
background investigation of the development team and all involved principals, consultants,
and sub -consultants prior to the final selection or execution of the agreement. Development
entities that contain a member who previously defaulted on a City contract or is in litigation
with the City, within the last 5 years, are not eligible to participate in this RFP process.
1. Table of organization for development team
The proposal must include an organizational structure presented in graphic form,
depicting the proposing entity and its professional consultants, including the names,
affiliation and addresses of all principals. This includes any and all general partners,
stockholders owning 5% or more of the corporate stock, corporate officers, and
executives of the development entity. A current certificate of good standing from the
State of Florida shall also be required as part of the submission.
2. Resumes
Resumes must be included for principals and executive level staff, as well as key
individuals to be involved in the proposed development. Resumes shall specify the role
of the individual in the relevant project.
3. References for all development team members
Respondents shall provide no less than two (2) current references for each principal of
the development team member who can attest to the members' relevant capability and
experience. Please note these references will be contacted by the City.
4. Other documentation as to experience and capability
Proposals shall include a narrative or outline that provides sufficient detail to describe
the development teams and consultants' considerable past experience in the
development and management of projects of similar scope and complexity within the
same or clearly similar sphere of development. Respondent's must provide a detailed
list of completed projects, indicating the time required for completion, the
completion date, the amount invested and financed for the project, a description
of the project's elements and the role(s) played by each development team member
that was involved. For verification purposes, respondents must provide the addresses
of the properties and the name of the applicant of record.
III. Required City forms
1. Bid and acknowledgement.
2. Declaration.
3. Current Certificate of authority (corporation, partnership...whichever applies).
W. Attachments
Respondents may attach additional information as required. Tabs should be utilized as needed.
18
Proposal submission requirements
Proposals must meet all requirements specified within the RFP. Submissions deficient in providing
the required information for administrative review shall be determined non -responsive by the City
and shall be ineligible for further consideration.
Complete proposal packages must be delivered to:
City of Miami
Office of the City Clerk
First Floor Counter
3500 Pan American Drive
Miami, Florida 33133
All proposals must be received by Tuesday, July 16th, 2024 before 3:00 PM, at the City Clerk's
Office. Proposals submitted via facsimile or e-mail will not be accepted. Responses received
after the submission date and time will not be accepted and shall be returned unopened to the
applicant. Responses must be clearly marked on the outside of the package referencing:
RFP# HCD 2024-01: Development of single-family homes or
twin homes
on City -owned Vacant Land (District 5)
Proposals received at any location other than the aforementioned or after the proposal
submission date and time shall be deemed non -responsive.
CONTACT INFORMATION
Official list of potential respondents
Anyone bidding must register on our official RFP list. This will ensure that all potential respondents
receive all notices and addendums regarding the RFP and are advised of any changes made. Please
send your name and e-mail to dpinkhasov(a miamigov.com to join the official RFP list.
Conflict of interest
If any individual member of a proposing team, or an employee of a proposing team/firm, or an
immediate family member of the same is also a member of any board, commission, or agency of the
City, or a current or former employee of the City, that individual may be subject to the conflict of
interest provisions of the City code, Section 2-611. The code states that no City officer, official,
employee or board, commission or agency member, or a spouse, son, daughter, parent, brother, or
sister of such person, shall enter into any contract, transact any business with the City, or appear in
representation of a third party before the City Commission. This prohibition may be waived in
certain instances by the affirmative vote of 4/5 of the City Commission, after a public hearing, but
is otherwise strictly enforced and remains effective for two years subsequent to a person's departure
19
from City employment or board, commission or agency membership.
This prohibition does not preclude any person to whom it applies from submitting a proposal.
However, there is no guarantee or assurance that such person will be able to obtain the necessary
waiver from the City, even if such person were the successful applicant.
A letter indicating a conflict of interest for each individual to whom it applies must accompany
the submission package. The letter must contain the name of the individual who has the conflict;
the relative(s), office, type of employment or other situation which may create the conflict; the board
on which the individual is or has served; and the dates of service.
Department of Housing and Community Development Director's designee for
written communications
Dollila Pinkhasov, Property Manager
Department of Housing and Community Development
City of Miami
14 NE 1st Avenue, 2nd Floor
Miami, FL 33132
Email: dpinkhasov@miamigov.com
Telephone: (305) 416-2184 Fax: (305) 416-2090
20
EXHIBIT A
GREEN CRITERIA CHECKLIST
GREEN CRITERIA CHECKLIST
Select
Points
Site Improvement:
Conducting an American Society for Testing and Material (STM) Transaction Screen or a
Phase I Environmental Site Assessment, and (if required) a Phase II Abatement plan.
Required
N/A
Implementing the U.S. Environmental Protection Agency's (EPA's) Best Management
Practices (BMPs) for erosion and sedimentation control during construction.
Required
Using local species in landscaping that will be less susceptible to disease, which reduces
the burden of the occupant to replant at a later date. In dry climates, local species will
also require less water.
Required
Overall, landscaping with plants that are drought resistant will require less water,
reducing energy and water costs.
2
Using tree plantings to promote shading and reduce heat island effect.
1
Installing site improvements to capture and, where possible, to re -use rainfall for
irrigation. Such measures might include the use of rain barrels or rain gardens,
incorporating permeable surfaces (such as gravel paths), and minimizing impervious
surfaces (such as pavement) that do not allow storm water infiltration.
2
Labeling storm drains to indicate where they lead, which reminds people not to dump
garbage or pollutants into the drains.
Water Conservation:
Toilets that use no more than 1.28 gallons per flush or better, and showerheads, kitchen
and bathroom faucets that are at 2.0 gallons per minute or less.
Required
Installing energy efficient landscape irrigation (if this is needed at all) by using graywater
(from sinks, showers and tubs), roof water, or collected site runoff.
1
Energy Efficiency:
Meeting or exceeding nationally established standards such as Energy Star, or American
Society of Heating, Refrigerating and Air -Conditioning Engineers (ASHRAE). This can
be achieved by using a Home Energy Rating System (HERS) or Building Performance
Institute (BPI) certified rater.
Required
Installing Energy Star clothes washers, dishwashers and refrigerators when providing
new appliances.
Required
Installing Energy Star —labeled lighting fixtures or the Energy Star Advanced Lighting
Package in all interior units, using Energy Star or high -efficiency commercial -grade
fixtures in all common areas as well as outdoors, and installing daylight sensors or timers
on all outdoor lighting.
Required
Tracking individual residents' energy consumption through the installation of individual
or sub -metered electric meters. Raising their awareness of their usage may help them
reduce it.
Required
Installing renewable energy measures such as photo -voltaic panels, thermal hot water
heaters, etc.
1
Healthy Living Environments:
Ensuring that all interior paints and primers comply with current Green Seal standards for
low volatile organic compound (VOC) limits.
Required
Using low VOC adhesives that comply with Rule 1168 of the South Coast Air Quality
Management District. All caulks and sealants must comply with regulation 8, rule 51, of
the Bay Area Air Quality Management District.
1
Avoiding use of exposed particleboard (which contains added urea -formaldehyde, a
toxin), unless the exposed area has been sealed. Formaldehyde exposure can cause watery
1
eyes, nausea, coughing, chest tightness, wheezing, skin rashes, allergic reactions and
burning sensations in the eyes, nose and throat.
Avoiding installation of carpet in basements, entryways, laundry rooms, bathrooms or
kitchens because of potential problems with moisture retention and mold growth. If
carpeting is installed in other parts of the home, use the Carpet and Rug Institute's
(CRI's) Green Label -certified carpet and pad, which have low VOCs.
1
Installation of Energy Star -labeled bathroom fans that exhaust to the outdoors and are
equipped with a humidistat sensor or timer, or operate continuously. Also required in
kitchens — except in moderate rehabilitation projects — are Energy Star -labeled power
vented fans or range hoods that exhaust to the exterior. Properly sized and controlled
exhaust fans in bathrooms and kitchens reduce moisture condensation, lowering the
potential for indoor mold growth that may yield odors and pose health hazards to
residents.
1
Installation of a ventilation system for the housing unit that provides 15 cubic feet per
minute of fresh air, per occupant. Various means exist for achieving this standard, such as
whole -house mechanical ventilation systems, constantly running low -speed exhaust fans,
and "slit" ventilators in window frames.
1
Installing tankless water heaters, or conventional water heaters in rooms with waterproof
floor coverings, and drains or catch pans piped to the exterior of the dwellings. The use of
heaters with drains and catch pans prevents moisture problems caused by leakage or
overflow.
1
Insulating exposed cold water pipes in climates and building conditions susceptible to
moisture condensation to prevent condensation that can lead to mold growth.
1
In wet areas of the housing unit, installation of materials with smooth, durable, cleanable
surfaces, instead of mold -propagating materials, such as vinyl wallpaper and unsealed
grout. Shower areas must have a one-piece fiberglass or similar enclosure. Alternatively,
when using any form of grouted material, use backing materials, including cement board,
fiber cement board, fiberglass -reinforced board or cement plaster.
1
Exhausting clothes dryers directly to the outdoors, to reduce moisture buildup in living
areas.
Required
Sealing all wall, floor and joint penetrations to prevent pest entry, including providing
rodent- and corrosion- proof screens (e.g., copper or stainless steel mesh) for large
openings.
Required
Use of non -vinyl, non -carpet floor coverings, such as non -vinyl composite tile, colored
concrete, ceramic tile, natural linoleum and wood, in all rooms. Carpeting can serve as a
sink for dust, allergens and other substances that may pose health hazards to susceptible
residents. r) Installation of whole -house vacuum systems with high -efficiency particulate
air filtration.
1
Total points:
16
2
SITES:
ADDRESS
3431 NW 6 AVE
1544 NW 58 TER
1465NW60ST
411 NE 69 ST
EXHIBIT B
FOLIO # LOT SIZE (Sq. feet)
01-3125-020-0091
01-3114-035-2830
01-3114-035-1642
01-3114-035-2830
5,777
5,300
5,000
5,300
ZONING DIMENSIONS
T5-O
T3-O
T4-L
T4-R
N/A
50X106
50X106
50X102
TYPE OF CONST.
RECOMMENDED
Twin Home
Single Family
Twin Home
Single Family
3
EXHIBIT C
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE CONSTRUCTION CITY
OWNED LOTS
Commercial General Liability
1. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit (Per Job) $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
2. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Extended Completed Operations Endorsement proving 3 years
Coverage extension following project completion, including City as
Additional insured
Including Crane and Rigging Liability, as applicable
II. Business Automobile Liability
1. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
2. Endorsements Required
City of Miami included as an additional insured
Including Crane and Rigging Liability, as applicable
III. Worker's Compensation Limits of Liability (Part A): Statutory, per State of Florida
1. EMPLOYER'S LIABILITY
Limits of Liability (Part B)
$1,000,000 for bodily injury caused by an accident, each accident.
4
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
Waiver of subrogation
IV. Umbrella Policy (Excess Follow Form)
1. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 2,000,000
Aggregate $ 2,000,000
City of Miami listed as an additional Insured.
Coverage is excess follow form over all liability polices contained herein.
V. Professional Liability/Errors & Omissions
Any licensed design professional work such as that provided by architects, engineers,
construction consultants, etc., shall maintain professional liability insurance:
Each Claim
Policy Aggregate
$2,000,000
$2,000,000
If claims made, retro Date applies prior to contract inception.
Coverage is to be maintained and applicable for a minimum of 3 years following
contract completion.
VI. Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Total Cost of Renovation
Deductible: $25,000 Maximum
5% Maximum on Wind/Hail and Flood
Coverage Extensions:
City of Miami listed as loss payee
Including Storage and transport of materials, equipment, supplies of any kind to be
used on or incidental to the project.
Equipment Breakdown for testing of al mechanized, pressurized, or electrical
equipment.
5
VII. Safety/claims and deductibles
Safety and loss control shall be exercised at all times by the Bidder for the protection
of all persons, employees, and property. Any hazardous conditions must be promptly
identified, reported, and action taken to mitigate as soon as possible.
Notice of claims/accidents/incidents associated with this agreement shall be reported
to the Bidder's insurance company and to the City's Risk Management depailiuent as
soon as practical.
The Bidder has the sole responsibility for all insurance premiums and shall be fully
and solely responsible for any costs or expenses as a result of a coverage deductible,
co-insurance penalty, or self -insured retention; including any loss not covered because
of the operation of such deductible, co-insurance penalty, self -insured retention, or
coverage exclusion or limitation.
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
are subject to review and verification by Risk Management prior to insurance approval.
6
REQUIRED
CITY FORMS
ATTACHMENT 1
BID AND ACKNOWLEDGMENT FORM
TO: Office of the City Clerk
City of Miami, Florida
Attention: Depai lucent of Housing and Community Development
1. The undersigned hereby makes a Proposal for the redevelopment of the City of Miami properties
on . (Provide site number from Exhibit B)
2. The undersigned understands that the City reserves the right to reject any and all Proposals at any
time, for any reason, prior to the execution of a Purchase and Sale Agreement.
Bidder's Initials.
3. The undersigned understands that this Proposal is a firm offer and that upon notice from the City
Manager that he will recommend the Proposal to the City Commission, which notice shall be
mailed to the undersigned at the address stated below, the undersigned will, within fifteen (15) days
after receipt of such notice or such reasonable time thereafter as determined in the City Manager's
sole discretion. The undersigned further acknowledges that in the event the undersigned withdraws
his/her Proposal after the Proposal due date July 16th, 2024.
Bidder's Initials.
4. The undersigned understands that it must be financially solvent, and have sufficient funds to develop
the property. That Bidder has no record of pending lawsuits or criminal activities involving moral
turpitude and does not have any conflict of interest with the City. That neither Bidder nor any
member, officer, or stockholder of Bidder(s) is or has been in arrears or in default of any debt or
contract involving the City, (as a party to a contract, or otherwise); nor has failed to perform
faithfully on any previous contract with the City or any of its agencies.
Bidder's Initials.
PROPOSAL SUBMITTED BY
Signature of Bidder Address
Print Name of Bidder
STATE OF FLORIDA )
COUNTY OF
) SS
8
The foregoing instrument was acknowledged before me this day of
202 by (name of person acknowledging) who is personally known to
me or who has produced (type of identification) as identification and
who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
9
ATTACHMENT 2
TO: Arthur Noriega V, City Manager
City of Miami
Submitted on this
DECLARATION
day of
The undersigned, as Respondent (herein used in the masculine, singular, irrespective of actual
gender and number) declares that the persons interested in this Proposal are named herein, that no
other person has any interest in this Proposal. That this Proposal is made without connection or
arrangement with any other person and that this Proposal is in every respect fair, in good faith,
without collusion or fraud.
The undersigned further declares that he has complied in every respect with the Request for
Proposals requirements and instructions, that he has read all addenda, if any, and that he has
satisfied himself fully with regard to all matters and conditions with respect to the Agreement to
which the Proposal pertains.
The undersigned herein acknowledges that this Proposal constitutes a firm offer and he will
negotiate in good faith with the City in the event that the undersigned is the selected Respondent.
The undersigned further acknowledges that if its Proposal is selected and the undersigned fails to
execute the Agreement, the Initial Deposit shall be kept by the City as liquidated damages and not
as a penalty.
The undersigned acknowledges that all costs related to the preparation and submission of the
Proposal are the sole cost of Respondent and the undersigned understands and acknowledges that
he will not be entitled to a refund or reimbursement of any costs incurred.
Page 1 of 2
10
The undersigned acknowledges that he is not in arrears or in default upon any debt or contract
involving the City, a defaulter or surety otherwise, upon any obligation to the City, or has failed
to perform faithfully any previous contract with the City.
The Respondent states that the Proposal is based on the Request for Proposals issued by the City,
dated for the development and construction of a single family or a twin homes project on one of
the sites available on Exhibit B.
Signature of Bidder Address
Print Name of Bidder
STATE OF FLORIDA
COUNTY OF
) SS
The foregoing instrument was acknowledged before me this day of
by (name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of
corporation. He/she is personally known to me or who has produced
(type of identification) as identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
Page 2 of 2
11
STATE OF
) SS:
COUNTY OF
ATTACHMENT 3
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of , held on
, 20 , the following resolution was duly passed and adopted:
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Proposal dated,
, 20 , to the City of Miami and this corporation and that their execution thereof, attested
by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this
Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this
, day of , 20 .
Secretary:
(SEAL)
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE.
12
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
STATE OF )
) SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Partners of the
organized and existing under the laws of the State of , held on
, 20 , the following resolution was duly passed and adopted:
"RESOLVED, that, , as of the Partnership, be and is
hereby authorized to execute the Proposal dated, 20 , to the City of Miami and this
partnership and that their execution thereof, attested by the
shall be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
20
Secretary:
(SEAL)
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR
RESPONSE.
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
STATE OF )
) SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Principals of the
organized and existing under the laws of the State of , held on , 20 , the following
resolution was duly passed and adopted:
"RESOLVED, that,
as of the Joint Venture be and is hereby
authorized to execute the Proposal dated, 20 , to the City of Miami official act and deed of this Joint Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
(SEAL)
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE.
14
CERTIFICATE OF AUTHORITY
(if Individual)
STATE OF
)
) SS:
COUNTY OF )
I HEREBY CERTIFY that as an individual, I (Name of Individual)
and as a d/b/a (doing business as) (if applicable)
exist under the laws of the State of Florida.
"RESOLVED, that, as an individual and/or d/b/a (if applicable), be and is hereby authorized to execute the Proposal dated,
, 20 , to the City of Miami as an individual and/or d/b/a (if applicable) and that my execution thereof, attested
by a Notary Public of the State, shall be the official act and deed of this attestation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Notary Public this , day of
,20 .
NOTARY PUBLIC:
Commission No.:
I personally know the individual/do not know the individual (Please Circle)
Driver's License #
(SEAL)
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
15
Exhibit D
Contractor's Submittal
Design/Build Services for the
Development of Single -Family Homes or 71 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Exhibit E
Project Site(s)
Design/Build Services for the
Development of Single -Family Homes or 72 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Exhibit F
Form of Payment and Performance Bonds
Design/Build Services for the
Development of Single -Family Homes or 73 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
FORM OF PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, We , as Principal, hereinafter called Contractor,
and , as Surety, are bound to the City of Miami, 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 RFP No. HCD 2021-
03 - Design/Build Services for the Development of Single -Family Homes or Twin Homes on City -Owned
Vacant Land, 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
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate
proceedings, that City sustains as a result of default by Contractor under the Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the
Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having
performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the
Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City
elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a
Contract between such Bidder and City, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract 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.
Design/Build Services for the
Development of Single -Family Homes or 74 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
FORM OF PERFORMANCE BOND (Page 2 of 2)
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 , 20_
WITNESSES:
(Name of Corporation)
(Secretary) By:
(Signature)
(CORPORATE SEAL)
IN THE PRESENCE OF:
(Print Name and Title)
INSURANCE COMPANY:
By:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Design/Build Services for the
Development of Single -Family Homes or 75 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
FORM OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We , as Principal, hereinafter called
Contractor, and , as Surety, are bound to the City of Miami, 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, RFP No. HCD 2021-03 -
Design/Build Services for the Development of Single -Family Homes or Twin Homes on City -Owned
Vacant Land, 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. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that
City sustains because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials, and
supplies used directly or indirectly by Contractor in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND
EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for
its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor,
materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to
look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials,
or supplies shall, within ninety (90) calendar 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.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless
the notices stated under the preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and
Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes.
Design/Build Services for the
Development of Single -Family Homes or 76 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
FORM OF PAYMENT BOND (Page 2 of 2)
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
the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
By:
CONTRACTOR:
(Name of Corporation)
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Design/Build Services for the
Development of Single -Family Homes or. 77 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named
as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was then
of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s)
was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body.
Secretary (on behalf of)
Corporation
STATE OF
COUNTY OF
(SEAL)
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly sworn upon oath
says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond) on behalf of Contractor named therein in favor of City.
Subscribed and sworn to before me this day of , 20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
Design/Build Services for the
Development of Single -Family Homes or 78 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Corporate Resolution
I HEREBY CERTIFY to the City of Miami that the following is a true copy of the resolution adopted by RF
Construction Group, Inc, duly organized under the laws of the State of Florida (the "Corporation"),
having its principal place of business at 1635 Southwest 15th Street, Miami, Florida 33145, at a special
meeting of the Board of Directors duly held on May 20, 2025 at which a quorum was presented and
voting throughout, and that such resolutions are in full force and effect and are in conformity with the
charterand by-laws of the Corporation and for the jurisdiction of incorporation:
RESOLVED, that the President of the Corporation is authorized to execute any and all contracts,
applications, amendments, petitions, and Design/Build service for the development of single-
family homes or twin homes on city -owned vacant land
The adoption of said resolution was in all aspects legal; and that said resolutions are in full force
and effect and have not been modified or rescinded.
Dated this 20 day of May, 2025
Rolando Franco, President
Oath or Affirmation:
Pursuant to Section 117.05(13)(a), Florida Statutes, the following notarial certificate is sufficient for an
oath or affirmation:
STATE OF FLORIDA
COUNTY OFDEbe
MAUREEN CAZAS
7*`' Notary Public
`�-�? State of Florida
flea
..�... Comm#HH482177
Expires 5/13/2028
istE
Sworn to (or affirmed) and subscribed before me by means of ] physical presence or [_ ] online
notarization, this ,)7 day of 1-1LA y 2025 by u _ c 62.44,c0
Personally Known OR Produced Identification
Type of Identification Produced
Exhibit H
Project Specifications
Design/Build Services for the
Development of Single -Family Homes or 81 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
RF Construction Group
Model # King-305
Building Material Specification
PATIO
MASTER. BEDROOM
MASTER
BATH
FLOOR PLAN
ONE STORY SINGLE RESIDENCE
•u
II•
•
FAMILY ROOM
KITCHEN
op,
00
DINING S
ONE STORY SINGLE
FAMILY RESIDENCE
0 FINISH FLOOR
LIVING ROOM
ENTRY
•
Air Condition System
Manufacture:
Goodman or Compatible
Model AWUF Air Handler & GSX16 Air Conditioner
AWUF All -Aluminum Evaporator Coil & Multi -Speed
Motors
GSX16 High -Efficiency Compressor / 16 SEER 4 Ton Unit
Goodman Air Conditioners are compatible to the high
price names on the market today. Very quiet & at a 4
Ton, 16 Seer Efficiency it's made to save on electric &
cool the entire house in those hot Miami months.
Manufacture Warranty is for 10 years. A 1 year guaranty
on all labor performed.
COUNT ON OUTSTANDING
LIMITED WARRANTY* PROTECTION
2 UNIT
REPLACEMENT
YEAR WARRANTY'
1 O PARTS
LIMITED
YEAR WARRANTY'
* Complete warranty details
available from your local dealer
or at www.goodmanmfg.com.
To receive the 2-Year Unit
Replacement Limited Warranty
and 10-Year Parts Limited
Warranty, online registration
must be completed within 60
days of installation. Online
registration is not required in
California or Quebec.
Proper sizing and installation of equipment is
critical to achieve optimal performance. Split
system air conditioners and heat pumps must
be matched with appropriate coil components to
meet ENERGY STAR` criteria. Ask your contractor for details
or visit www.energystar.gov.
PERFORMANCE
UP TO
16
SEER
"SEER" stands for Seasonal Energy -Efficiency Ratio, which is a
measurement of a air conditioner's cooling efficiency developed by the
U.S. Department of Energy. It's a simple formula: the higher the SEER of
your unit. the greater its efficiency — and the lower your operating costs.
COUNT ON OUTSTANDING
LIMITED WARRANTY* PROTECTION
1 fl PARTS
V LIMITED
YEAR WARRANTY'
* Complete warranty details
available from your local
dealer or at www.good-
manmfg.com. To receive the
10-Year Parts Limited War-
ranty, online registration
must be completed within 60
days of installation. Online
registration is not required
in California or Quebec.
When your current air handler or blower motor breaks,
it's good to know that your local, independent Goodman
brand contractor has financing options available to help
defray what might be considered an emergency purchase
for your home.
Appliance Package
Manufactures:
Whirlpool or Compatible
Refrigerator, Range, Dishwasher, Microwave Hood
Exhaust, Washer & Dryer
Series:
Stainless Steel
T E:
Appliance have a 2 year warranty. All labor preformed
will have a 1 year guaranty from the provider.
Whirlpool (/whirlpool/JN-4294966438) - Stainless Steel Complete Kitchen Package
Model: WRS315SDHM Sku: WRS315SDHMK22
Cabinets & Counter Tops
Manufactures:
Special Custom Built
Kitchen Cabinets & Bathroom Vanities
Plywood, Melamine, Mica, Thermofoil, Granite Tops
Hardware
Visaggi Hinges Self Closing & Touch Soft
All cabinets have a 3 year warranty. All labor preformed
will have a 1 year guaranty.
Samples provide upon request.
Exterior Entry Door & Lock
Manufacture:
Fiberglass Door & Schlage Century Lock Set (Lever)
kF j
Series 0 Outswing High Impact
White Door & Bronze Lock Set
Plastpro Doors a product warranty of 10 years. A&M
Hurricane Protection is a local family owned & run
business. They are licensed & insured installation
company install windows & doors since 2006. A&M will
provide a 10 year guaranty on all labor performed.
Product Approvals\FL-15210 HVHZ Fiberglass - Impart Opaque and Glazed\C - Drawings \FL-15210 (2020)\FL-15210.1{-dwg
R\Clients\Plastpro, Inc PERMANENT\A
jjj plastpro
5200 W. CENTURY BLVD.
LOS ANGELES, CA 90045
Smooth / Wood Grain / White Wood Grain
Rustic / Mahogany
Series 0 Fiberglass Door
INSWING / OUTSWING
"IMPACT"
GENERAL NOTES
1. This product has been evaluated and Is In compliance with the 7th Edition (2020) Florida Building
Code (FRC) structural requirements including the "High Velocity Hurricane Zone" (HVHZ).
2. Product anchors shall be as listed and spaced as shown on details. Anchor embedment to base
material shall be beyond wall dressing or stucco.
3. When used in the "HVHP' this product complies with Section 1626 of the Florida Building Code and
does not require an Impact resistant covering.
4. When used in areas outside of the"HVHZ" requiring wind bome debris protection, thls product
complies with FBC Sections 1609.1.2 & R301.2.1.2 and does not require an impact resistant covering.
This product meets missile level "D" and includes Wind Zone 4 as defined in ASTM E 1996 and FBC
Sections 1609.1.2.2 & R301.2.1.2.1.
5. For 2x stud construction, anchoring of these units shall be the same as that shown for 2x buck masonry
construction.
6. Site conditions that deviate from the details of this drawing require further engineering analysis by a
licensed engineer or registered architect.
7. Outswing configurations meet water infiltration requirements for "HVHZ". All other configurations do
not meet the water infiltration requirements for the "HVHZ" and must be Installed only in non -habitable
areas or at habitable locations protected by an overhang or canopy such that the angle between
the edge of canopy or overhang to sill Is less than 45 degrees.
TABLE OF CONTENTS
SHEET#
DESCRIPTION
SHEET#
DESCRIPTION
1
Typical Elevations, Design Pressures & General Notes
7
Horizontal & Vertical Cross Sections (Direct to Masonry)
2
Door Panel Details
8
3-point lock details
3
Horizontal & Vertical Cross Sections (2X Buck)
9
3-point lock details
4
Horizontal & Vertical Cross Sections (1X Buck)
10
Buck and frame anchoring
5
Horizontal & Vertical Cross Sections (Direct to Masonry)
11
Components
6
Vertical Cross Sections (Thresholds)
12
Bill of materials
82.0 OVERALL FRAME HEIGHT - INSWING
81.13" OVERALL FRAME HEIGHT - OUTSWING
37.50" MAX. OVERALL
FRAME WIDTH
t
ti
X
1
/
t �
r
CONFIGURATION
,:
MAX.
FRAME
DIMENSION
DESIGN PRESSURE (PSF)
POSITIVE
NEGATIVE:`
1
X
37.5" x 82.0"
+75.0
-75.0
See sheets 2 for hardware design pressure limitations
0
0
0
re
a
PART OR ASSEA1BLY:
in
0
0
•
U
tn
n
N
Q
0
0
z
O
cc
cc
DATE. 02/16/ 2
SCALE: N.T.S.
DWG. BY:
JK
CHIC BY: LFS
PRAWNS NO.:
FL-152 7 0.1
SHEET 1 Or 12
SCHLAGE Century
Single Cylinder
Handleset and
Latitude Lever, Satin
Chrome (F60 CEN 626
LAT)
Exterior Windows & Sliding Door
Manufacture:
ES Windows
_ L
Missile Impact Rating
EL200 Aluminum Horizontal Window
EL400 Aluminum Sliding Glass Door
White & Bronze
ES Window has a product warranty of 10 years. A&M
Hurricane Protection is a local family owned & run
business. They are licensed & insured installation
company install windows & doors since 2006. A&M will
provide a 10 year guaranty on all labor performed.
vvw \AI.ES \ N DO \A/S.conl
Exterior & Interior Paint
Manufacture:
Sherwin Williams or Compatible
A100 / A06-Series Exterior Latex
Pastels Colors White, Beige,& Gray
a
�E k
1 Coat of the Loxon Acrylic Blocker
2 Coats of A100 / A06- Series Exterior Latex Flat
RF Construction only uses Sherwin Williams Paint. They
are backed with a Manufactures 10 year warranty on
the product & 1 year guaranty on all labor.
Samples provide upon request.
Interior Doors & Locks
4nufactures:
Jeld-Wen, Veranda, Masonite, Defliant Locks or
Compatible
Room Entry Doors, Bi-Folds, Louver Bi-Fold
Series',
Privacy Locks Lever
6'.
All labor preformed will have a 1 year guaranty.
Samples provide upon request.
Landscaping
Grower
Green Palm Nursery
Native vs Non-Natit e
60% Native 40% Non -Native
Type:
All Locations & Species are on Plans
All of our trees, shrubs, hedges, & plants are grown here
in the State of Florida. They are all native to the area
which means they are "Drought Resistance". Species is
based on availability & what's called for on the plans. All
trees, shrubs, hedges, & plants have a 120 day grantee.
All labor preformed will have a 1 year guaranty.
Samples & Pictures provide upon request.
Hampton Bay or Compatible
Series Type:
Flush Mount, Wall Mount, Vanity Light, Ceiling Mount, &
Counter Top Lighting
Series:
LED / Energy Efficient
The manufacture, Hampton Bay is giving a 3 year
warranty. All labor preformed will have a 1 year
guaranty.
Samples & Pictures provide upon request.
American Standard, Peerless Faucets, Delta Faucets,
Briggs & Dayton Sinks or Compatible
Series Type:
Too Many to Mention
Too Many to Mention / Attached are Specs
Most of the manufactures we use on these items usually
have a 10 year warranty & sometimes on certain
products up to lifetime warranty. Labor has a 1 year all
labor performed guaranty.
Samples provide upon request.
Plumbing Water Heater
Manufactures:
iHeat Tankless or Compatible
Tankless Electric
S Series
The manufacture is giving a 1 year on the Heating
Elements & 3 years on the Components. All labor
preformed will have a 1 year guaranty.
Samples provide upon request.
��TanKL�ss
Electric Tankless S Series
Point of Use & Whole House Applications
Features:
• New Digital display with Celsius & Fahrenheit options.
• Heat Exchangers are 100% stainless steel to avoid corrosion
• Easy grip fittings on inlet and outlet for ease of installation
• New flow technology
• Advanced Power Modulation through Micro -Processor
• Stainless Steel Enclosure
• Water Proof Control Pad
• Great for Marine, and or Beach Locations
• Complies with all USA & Canadian Safety Standards
Benefits:
• Save up to 60% on Hot water heating cost
• Saves water
• Save Valuable Space
• No tank needed
• Small enough to be installed anywhere hot water is needed
• ASTM 304 Stainless Steel Heat Exchangers
• NO VENTING needed
• Endless Supply of Hot Water!
$
TANK vs. TANKLESS
Descriptions
COMPARISON
40 Gal Tank
Tankless Heater
12 Mos. Operation Cost
$556.00
$309.00
Standby Loss
20%
No Loss
Heat recovery
Yes
No
Kilowatt Usage/ Yr.
4857 Kw/Hrs.
2618 Kw/Hrs.
Hot Water Supply
70% of Capacity
Endless Supply
Energy Efficiency
0.85 EF
0.99 EF
Estimated Life Span
10 Years
20 Years
APPLICATIONS:
Boats, Hospitals, Condos, Cabins, Apartments, Studios,
Clinics, Schools, Pool House, and anywhere hot water is
needed!
WARRANTY
• Limited Life Time Warranty
• 3-Year Internal Components
• 1-Year Heating Elements
SPECIFI
Model
ATIONS
KW
Amps
Volts
AWG#
Height
Width
Depth
Weight
S-4
3.5
30
120
10-2
11.5"
7.7"
3.5"
6.51bs.
S-7
6.7
30
220
10-2
11.5"
7.7"
3.5"
6.5 Ibs.
S-9
8.9
41
220
6-2
11.5"
7.7"
3.5"
8 lbs.
S-12
12.4
56
220
6-2
11.5"
7.7"
3.5"
8 Ibs.
S-14
13
59
220
6-2
11.5"
7.7"
3.5"
8 lbs.
S-16
16
66 240
6-2
11.5"
7.7"
3.5" 8 lbs.
Roofing System
Manufacture:
GAF Dimensional Timberline
GAF Dimensional Timberline UNDZ Shingles
Supreme Shingles
Colors:
Brown, Tan, Gray, White
Total Protection Roofing System is one of today's leading
systems in roofing. They are backed with a Manufactures
10-15 year warranty on the product.
Sosa Roofing Company is a local company which has
been in business for over 30 years. South Quality
Roofing will install & provide a 13 year guaranty on all
labor.
South Quality Roofing is a family -owned and operated roofing company recognized in
the South Florida area as a provider of superior roof systems and services. Our services
include residential and commercial buildings. We strive to stay on top of current roofing
trends.
Shingle Roof
The shingle system includes the installation of a peel stick membrane at each plywood
joint (second water barrier) and then the installation of a #30 ASTM D226 base
underlayment. Finally, the GAF Dimensional Shingle is installed (owner color choice).
Pewter Gray Barkwood Charcoal
Shakewood Slate Weathered
GAF Dimensional Timberline UHDZ® Shingles: Is the premium laminate shingle from
GAF. They have the Dual Shadow Line for dramatic sunset shadows all day long, offer
the 30-year StainGuard Plus PROTM Limited Warranty against blue-green algae
discoloration, and we as contractors can offer 7 years of workmanship coverage when
they install a qualifying GAF roofing system with Timberline shingles.
Exhibit I
Shop Drawings
(To be incorporated as they are developed and approved pursuant to the Contract)
Design/Build Services for the
Development of Single -Family Homes or 82 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Exhibit J
Project Critical Path Schedule
Design/Build Services for the
Development of Single -Family Homes or 83 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land
Exhibit J- Project Critical Path Schedule
Start
End
25-
Jun
25-
Jul
25-
Aug
25-
Sep
25-
Oct
25-
Nov
25-
Dec
26-
Jan
26-
Feb
26-
Mar
26-
Apr
26-
May
26-
Jun
Fully Executed Contract
with City of Miami
6/1/2025
7/1/2025
Planning & Design
6/1/2025
7/1/2025
Permitting
o7/1/2025
10/1/2025
Construction Commences
10/15/2025
1131/2025
Construction @ 50%
02/1/2026
03/01/2026
Construction Completed
03/01/2026
06/01/2026
Exhibit. K.
Anti -Human Trafficking Affidavit
1. The undersigned affirms, 'certifies, attests, and stipulates as follows:
a. The entity is. a non -governmental entity authorized to transact business. in the: State.of
Florida.
b.. The nongovernmental entity is either executing; renewing, or extending a contract (including;
but not limited:to, any amendments, as applicable) with the City of Miami ("City") or one of
its .agencies, authorities, boards, trusts, or. other City entity which constitutes a governmental
entity as defined in Section'287.138(1),. Florida Statutes (2024).
c. The nongovernmental .entity is not in violation of Section 787.06,, Florida Statutes (2024),,
titled "Human Trafficking."
d.. The nongovernmental entity does not use "coercion" for labor or services as defined in
Section 787.06, Florida Statutes (2024).
2. Under penalties. of perjury, pursuant to Section 92.S25, Florida Statutes,1 declare the following:
•a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and, that the
facts, statements and representations provided in Section 1 are true and correct.
b. I am an officer. or a representative ofthe nongovernmental entity authorized to execute this
Anti --Human Trafficking Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
Nongovernmental Entity: ?f l o r4rvc v r'x
Name z64,17 tc-bzttcv Office Title: rf
Signature of Officer: 72
Office Address: (c 5 5 Lo l5 ds-LUsti � a 3 a 14 S
Emait Address: ,QC..g7�t,S7J\. 0:001 Main Phone Number! (Qg • cC Uz 0
a5 Q\U
Design/Build Services for the
Development of Single -Family Homes or 87 RFP No. HCD 2024-01
Twin Homes on City -Owned Vacant Land