HomeMy WebLinkAboutExhibit 7AGREEMENT FOR
DESIGN -BUILD SERVICES FOR THE DESIGN & CONSTRUCTION
OF GIBSON PARK
GIP PROJECT NO.: B- 303058
Mayor Tomas P. Regalado
Commissioner Marc Sarnoff, District 2
Commissioner Frank Carollo, District 3
Commissioner Francis Suarez, District 4
City Manager, Pedro G. Hernandez, P.E.
Issued By:
City of Miami
Capital Improvements Program
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
Exhibit B
V -4 4 8� -V� 13
TABLE OF CONTENTS
Section 1 - General Terms and Conditions............................................................................ 6
1.
Definitions.......................................................................................................................6
2.
Time is of the Essence...................................................................................................8
3.
Contract Term.................................................................................................................
9
4.
Notices........................................................................................................ .........
9
5.
Priority of Provisions.................................................................................................... 10
6.
Indemnification............................................................................................................. 10
7.
Insurance......................................................................................................................11
8.
Performance and Payment Bond.................................................................................14
9.
Qualification of Surety.................................................................................................14
10.
First Source Hiring Agreements..................................................................................15
10.
General Requirements..................................................................................................
16
11.
Method of Performing the Work..................................................................................17
12.
Work Staging and Phasing...........................................................................................18
13.
Site Investigation and Representation.................................................... .......
18
14.
Design -Build Firm to Check Plans, Specifications and Data.....................................18
15.
Design -Build Firm's Responsibility for Damages and Accidents ..............................
19
16.
Accidents.....................................................................................................................19
17.
Safety Precautions.......................................................................................................
19
18.
Occupational Health and Safe ty............................................................ ..
20
19.
Labor and Materials......................................................................................................20
20.
Rules, Regulations, and Licenses..............................................................................
20
21.
Design Criteria Professional.......................................................................... .......
21
22.
Project Management....................................................................................................
21
23.
Superintendence and Supervision..............................................................................
21
24.
Authority of the Proiect Manager.................................................................................
22
25.
Inspection of Work.......................................................................................................
23
26.
Taxes.............................................................................................................. .......
24
27.
Separate Contracts.......................................................................................................
24
28.
Lands of Work...............................................................................................................
24
29.
Coordination of Work...................................................................................................24
30.
Differing Site Conditions..............................................................................................
25
31.
Existing Utilities............................................................................................................25
32.
Design -Build Firm's Responsibility for Utility Properties and Service .....................
25
33.
Interfering Structures...................................................................................................
26
34.
Field Relocation............................................................................................................
26
35.
Design -Build Firm's Use of Proiect Site(s).................................................................
26
36
Materials and Equipment.............................................................................................
27
37.
Material and Equipment Shipment, Handling, Storage and Protection .....................
27
38.
Manufacturer's Instructions.........................................................................................28
39.
Manufacturer's Warranty..............................................................................................
29
40.
Submittals.....................................................................................................................29
41.
Shop Drawings, Working Drawings and Samples......................................................30
42.
Product Data................................................................................................................
34
44.
Record Set.....................................................................................................................
34
45.
Supplemental Drawings and Instructions...................................................................34
46.
Design -Build Firm Furnished Drawings......................................................................34
47.
Substitutions................................................................................................................35
48.
City Furnished Drawings..............................................................................................
36
49.
Interpretation of Drawings and Documents................................................................
36
50.
Product and Material Testing......................................................................................36
Design Build Services for Gibson Park
Bid No.: 08-09-064
51.
Field Directives............................................................................................................. 36
52.
Changes in the Work or Contract Documents............................................................
37
53.
Continuing the Work.....................................................................................................
37
54.
Change Orders..............................................................................................................
37
55.
Change Order Procedure.............................................................................................
38
56.
No Oral Changes...........................................................................................................
38
57.
Value of Change Order Work.......................................................................................
39
58.
Extra Work Directive.....................................................................................................
41
59.
As -Built Drawings.........................................................................................................42
60.
Worker's Identification........................................................................................ ..
43
61.
Removal of Unsatisfactory Personnel.........................................................................
43
62.
Substantial Completion and Punch List......................................................................43
63.
Acceptance and Final Payment...................................................................................
44
64.
NDPES Requirements...................................................................................................45
65.
Force Maieure............................................................................................................... 45
66.
Extension of Time......................................................................................................... 46
67.
Notification of Claim..................................................................................................... 47
68.
Extension of Time not Cumulative..............................................................................
47
69.
Design -Build Firm's Damages for Delay .......................................... .......
47
70.
Excusable Delay, Non-Compensable.........................................................................
48
73.
Acceptance of Defective or Non -Conforming Work ...................................................
48
74.
Uncovering Finished Work..........................................................................................
48
75.
Correction of Work.......................................................................................................48
76.
Maintenance of Traffic and Public Streets..................................................................
49
77.
Location and Damage to Existing Facilities, Equipment or Utilities .........................
50
78.
Stop Work Order...........................................................................................................
51
79.
Hurricane Preparedness.............................................................................................
51
80.
Use of Completed Portions..........................................................................................
52
81.
Cleaning Up, City's Right to Clean Up.......................................................................
52
82.
Removal of Equipment.................................................................................................
53
83.
Set -offs, Withholdings, and Deductions.....................................................................
53
84.
Event of Default............................................................................................................
53
85.
Notice of Default -Opportunity to Cure........................................................................
54
86.
Termination for Default................................................................................................
54
87.
Remedies in the Event of Termination for Default .....................................................
55
88.
Termination for Convenience......................................................................................
55
89.
Resolution of Disputes.................................................................................................
56
90.
Mediation -Waiver of Jury Trial.....................................................................................
57
91.
City May Avail Itself of All Remedies...........................................................................
57
92.
Permits, Licenses and Impact Fees.............................................................................57
93.
Compliance with Applicable Laws...............................................................................
58
94.
Independent Design -Build Firm...................................................................................
58
95.
Third Party Beneficiaries..............................................................................................
58
96.
Successors and Assigns............................................................................................58
97.
Materiality and Waiver of Breach.................................................................................
59
98.
Severability...................................................................................................................59
99.
Applicable Law and Venue of Litigation......................................................................
59
100.
Amendments...................................................................................................... .......59
101.
Entire Contract..............................................................................................................59
102.
Nondiscrimination, Equal Employment Opportunity. and Americans with Disabilities
Act.................................................................................................................................
60
103.
Evaluation.....................................................................................................................
60
104.
Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade
County and the State of Florida..................................................................................
61
Design Build Services for Gibson Park
Bid No.: 08-09-064
105.
Royalties and Patents................................................................................................... 61
106.
Continuation of the Work.............................................................................................
61
107.
Review of Records........................................................................................................
61
108.
No Interest.....................................................................................................................
61
109.
Payments Related to Guaranteed Obliaations............................................................
62
110.
Consent of City Required for Sublettina or Assignment ...........................................
62
111.
Agreement Limiting Time in Which to Bring Action Against the City .......................
62
112.
Defense of Claims......................................................................................................... 62
113.
Contingency Clause..................................................................................................... 62
114.
Mutual Obligations....................................................................................................... 63
115.
Contract Extension.......................................................................................................63
116.
Non-Exclusivity.............................................................................................................63
117.
Nature of the Contract.................................................................................................. 63
118.
Contract Documents Contains all Terms.................................................................... 63
119.
Applicable Law and Venue of Litigation...................................................................... 63
120.
Survival........................................................................................................................64
121.
Joint Preparation.......................................................................................................... 64
122.
Nondisclosure...............................................................................................................64
Section 2 - Supplemental Terms and Conditions.................................................................
65
1.
...................
Scope of Work.................................................................................... ......
65
3.
LEED Certification.......................................................................................................
65
4.
Contract Time..............................................................................................................
67
6.
Progress Payments..................................................................................... .........
67
7.
Liquidated Damages....................................................................................................68
8.
Schedule of Values......................................................................................................
69
9.
Proiect Schedules........................................................................................................
69
10.
Release of Liens/Subcontractor's Statement of Satisfaction...................................70
11.
Progress Meetings......................................................................................................71
12.
Request for Information..............................................................................................
71
13.
Proiect Site Facilities...................................................................................................71
15.
Proiect Laboratory Testing Services..........................................................................
72
16.
Security ..................................................................................................... ...72
................
17.
Construction Signage.................................................................................................73
Section 3 - Design Services..................................................................................................74
1.
Design Responsibility.................................................................................................. 74
2.
Subconsultants............................................................................................................74
3.
Ownership of Documents............................................................................................ 74
4.
Delivery upon Request or Cancellation....................................................................... 74
5.
Error and Omission Issues.......................................................................................... 74
6.
Design -Build Firm's Key Staff...................................................................................... 75
7.
Truth -In -Negotiation Certificate...................................................................................75
8.
Re -Use by City..............................................................................................................
75
9.
Scope of Services.........................................................................................................
75
10.
Basic Services.............................................................................................................
75
11.
Basis of Design............................................................................................................
82
12.
Code Analysis Reports and Plans, ...................................................................... ......
82
12.
Timeframes for Completion (to be added based on negotiations) ..........................
82
13.
Additional Design Services.........................................................................................82
Section4 - PRICE FORM........................................................................................................
83
Section5 - Attachments........................................................................................................
98
ProposalBond Form .....................................................................................................
98
Local,
Small, & Disadvantaged Business Enterprise Particpation (for info only 101
Section6 - Contract.............................................................................................................102
CorporateResolution...........................................................................................................103
Design Build Services for Gibson Park
Bid No.: 08-09-064
Form Of Performance Bond.................................................................................................104
FormOf Payment Bond........................................................................................................106
Certificate AsTo Corporate Prinicpal..................................................................................108
Performance And Payment Guaranty Form Unconditionalllrrevocable Letter Of Credit. 109
JointVenture Form...............................................................................................................111
FORM A. - SUBCONSULTANTS...........................................................................................107
FORMB. — KEY STAFF.........................................................................................................108
Design Build Services for Gibson Park
Bid No.: 08-09-064
Section 1 — General Terms and Conditions
Definitions
Additional Services means any Work defined as such in a Work Order, secured in
compliance with Florida Statutes and City Code.
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.
Base Fee means the amount of compensation mutually agreed upon for the
completion of Basic Services.
Basic Services means those services designated as such in this Agreement.
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.
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, as applicable.
City Commission means the, legislative body of the City of Miami.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Commissioning means the employing total building commissioning practices tailored to
the size and complexity of the building site, building and its system components in order to
verify performance of all components and systems and help ensure that design
requirements are met. This includes a designated commissioning authority a
commissioning plan, verification of the installation and performance of systems to be
commissioned, and a commissioning report.
Consultant means the design firm who has entered into an agreement with the Design -
Build Firm to be the Architect of Record and lead design firm under this Agreement.
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the ITB Contract price or time.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
Contract means this document, the RFQ (Steps 1 & 2), the Addenda, the Responses to
both Steps of the RFQ, and the Design Criteria Package, plans & specifications developed
by the Design -Build Firm, and any change orders, modifications, directives, clarifications to
this Contract.
Cure means the action taken by the Design -Build Firm 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 Projects) site(s) disturbed in performing such
cure.
Design Build Services for Gibson Park
Bid No.: 08-09-064
Cure Period means the period of time in which the Design -Build Firm 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
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.
Design Criteria Professional means the professional design firm contracted by the City to
prepare Design Criteria Package for the Project.
Design Criteria Package means a concise, performance -oriented drawings and
specifications that form the basis for the design and construction of the Project.
Design Documents means the construction plans and specifications prepared by the
Design -Build Firm.
Director means the Director of the Department of Capital Improvements and
Transportation or designee, who has the authority and responsibility for managing the
Project(s) under this Contract.
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.
Field Directive means a written approval for the Design -Build Firm to proceed with Work
requested by the City or the Consultant, which is minor in nature and should not involve
additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Construction Manager 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.
Inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Design -Build Firm and of the Work performed by
Design -Build Firm.
Integrated Design or IDP means the use of a collaborative, integrated planning and design
process consistent with ASTM E 2348, Standard Guide for Framework for a Consensus -
based Environmental Decision making Process that Initiates and maintains an integrated
project team in all stages of a project's planning 'and delivery; Establishes performance
goals for silting, energy, water, materials, and indoor environmental quality along with other
comprehensive design goals; and, ensures incorporation of these goals throughout the
design and lifecycle of the building; and considers all stages of the building's lifecycle,
including deconstruction.
Notice of Award means the written letter to the Design -Build Firm notify the Design -Build
Firm that they have been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the Design -
Build Firm may begin Work on the Project(s).
Plans and/or Drawings means the official graphic representations of a Project(s).
Professional Services means those services within the scope of 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
Design Build Services for Gibson Park
Bid No.: 08-09-064
"architectural/ engineering services" or "professional services", as applicable, which are
within this definition.
Project Or Work as used herein refers to all reasonably necessary and inferable and
necessary 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 Design -Build Firm to fulfill the its obligations,
including completion of the construction in accordance with the Drawings and
Specifications. The Work may constitute the whole or a part of the Project(s).
Project Manager means the individual assigned by CIP to manage the Project(s).
Request For Information (RFI) means a request from the Design -Build Firm 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
Design -Build Firm's interpretation or understanding of the document(s) in question, along
with the reason for such understanding.
Risk Administrator means the City's Risk Management Administrator, or designee, or the
individual named by the City Manager to administer matters relating to insurance and risk of
loss for the City.
Scope of Services or Services means a comprehensive description of the activities,
tasks, design features, objectives, deliverables and milestones required for the completion
of Project or an assignment with sufficient detail to allow a reasonably accurate estimation
of resources necessary for its completion.
Subconsultant means a person, firm or corporation having a direct contract with the
Design -Build Firm or the prime Architectural Subconsultant for the purposes of the design
of this Project.
Subcontractor means a person, firm or corporation having a direct contract with Design -
Build Firm 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.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under
this solicitation.
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 Compliance 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.
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.
2. Time is of the Essence
Design -Build Firm 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. All Work shall be performed strictly (not substantially) within
Design Build Services for Gibson Park
Bid No.: 08-09-064
the time limitations necessary to maintain the critical path and all deadlines established in
the Contract.
All dates and periods of time set forth in the Contract, 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.
Design -Build Firm 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 Article 70, Excusable Delays, the Design -Build Firm
understands that, except and only to the extent provided otherwise in the Contract, the
occurrence of events of delay within the Design -Build Firm's, control, the Work shall not
excuse the Design -Build Firm from its obligation to achieve full completion of the Work
within the Contract Time, and shall not entitle the Design -Build Firm to an adjustment. All
parties under the control or contract with the Design -Build Firm shall include but are not
limited to materialmen, Subconsultants, Subcontractors, suppliers and laborers.
The Design -Build Firm acknowledges that the City is purchasing the right to have the
Design -Build Firm continuously working at the Project site for the full duration of the Project
to ensure the timely completion of the Work.
3. Contract Term
The Contract shall commence upon issuance of the Notice of Award, 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.
4. 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 fast 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 3 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:
Mr. Gary Fabrikant
Assistant Director
Department of Capital Improvements Program
City of Miami
444 S.W. 2 I Avenue, - 8th Floor
Miami, Florida 33130
For Design -Build Firm:
Joe C. Cerrone, III, President
Recreational Design and Construction, Inc
3990 North Powerline Road
Ft. Lauderdale, FL. 33309
Design Build Services for Gibson Park
Bid No.: 08-09-064
During the Work the Design -Build Firm shall maintain continuing communications with
Design -Build Professional and the Project Manager. The Design -Build Firm shall keep the
City fully informed as to the progress of the Project(s) at all times through ongoing
communications with the Project Manager,
5. 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 pians 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;
• Revisions and Change Orders to the Contract
• Contract
• Design Criteria Package
• Plans & Specifications
• RFQ Responses
Where provisions of codes, manufacturer's specifications or industry standards are in
conflict, the more restrictive or higher quality shall govern
6. Indemnification
Design -Build Firm shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Design -Build Firm and persons employed or utilized by
Design -Build Firm in the performance of this Contract. These indemnifications shall survive
the term of this Contract. In the event that any action or proceeding is brought against City
by reason of any such claim or demand, Design -Build Firm shall, upon written notice from
City, resist and defend such action or proceeding by counsel satisfactory to City. The
Design -Build Firm expressly understands and agrees that any insurance protection required
by this Contract or otherwise provided by Design -Build Firm shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City or its officers,
employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Design -Build Firm to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for
such defense, at City's option, any and all claims of liability and all suits and actions of
every name and description which may be brought against City whether performed by
Design -Build Firm, or persons employed or utilized by Design -Build Firm.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will
be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 andfor §725.08, Fla. Statue.
Design -Build Firm shall require all Subconsultant and Subcontractor agreements to include
a provision that they will indemnify the City.
The Design -Build Firm 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 Design -
Build Firm in which the City participated either through review or concurrence of the Design -
Build Firm's actions. In reviewing, approving or rejecting any submissions by the Design -
Build Firm or other acts of the Design -Build Firm, the City in no way assumes or shares any
responsibility or liability of the Design -Build Firm or Sub -Design -Build Firm, under this
10
Design Build Services for Gibson Park
Bid No.: 08-09-064
Contract.
7. Insurance
Without limiting any of the other obligations or liabilities of Design -Build Firm, Design -Build
Firm 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. Applicable
requirements are underlined.
7_1. Workers' Compensation insurance to apply for all employees in
compliance with the Statutory "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies) must
include:
■ Waiver of subrogation
• Statutory State of Florida
■ Limits of Liability
7`2. Employers' Liability with a limit of One Minion Dollars ($1,000,000.00)
Dollars each bodily injury caused by an accident, each accident. One
Million Dollars ($1,000,000.00) Dollars each bodily injury caused by
disease, each employee. One Million Dollars ($1,000,000.00 Dollars each
bodily injury caused by disease, policy limit.
7`3. Commercial General Liability (CGL) with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. General Aggregate Limit of
Two Million Dollars ($2,000,000.00). Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, as filed by the insurance
Services Office, and must include:
• Products and/or Completed Operations for contracts with an
Aggregate Limit of One Million Dollars ($1,000,000.00) per project.
Design -Build Firm shall maintain in force until at least three years
after completion of all Work required under the Contract, coverage for
Products and Completed Operations, including Broad Form Property
Damage.
• Personal and Advertising Injury with an aggregate limit of One
Million Dollars ($1,000,000).
C CGL Required Endorsements
o Employees included as insured
o independent Design -Build Firms Coverage
o Contractual Liability
o Waver of Subrogation
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Design -Build Firm's Equipment) whether
owned, leased, borrowed or rented by Design -Build Firm or
employees of the Design -Build Firm.
11
Design Build Services for Gibson Park
Bid No.: 08-09-064
City is to be expressly included as an Additional Insured with respect to
liability arising out of operations performed for City by or on behalf of Design -
Build Firm or acts or omissions of Design -Build Firm in connection with
general supervision of such operation.
7.4. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
• Owned Vehicles.
■ Hired and Non -Owned Vehicles.
■ Employers' Non -Ownership.
• Employees included as insured
■ City of Miami as Additional Insured
7.5. Umbrella Policy
■ Bodily injury and property damage liability with limits of Two Million
Dollars ($2,000,000) each occurrence and an aggregate limit of Two
Million Dollars ($2,000,000).
Excess coverage over the policies as follows:
■ Commercial General Liability
• Business Automobile Liability
City shall be listed as an additional insured.
7.6. Installation Floater
Required for the installation of machinery and/or equipment into an existing
structure is required. The coverage shall be "All Risk" coverage including
installation and transit for 100 percent of the "installed replacement cost
value," covering City as a named insured, with a deductible of not more than
Five Thousand Dollars ($5,000.00) each claim.
7.7 Cessation of insurance
Coverage is not to cease and is to remain in force (subject to cancellation
notice) until final acceptance by City.
7.8 Protection & Indemnity Coverage - $1,000,000
7;9 Owners & Design -Build Firm's Protective
Each Occurrence $1,000,000
General Aggregate $1,000,000
7. 10 Flood Insurance
When the machinery or equipment is located within an identified special
flood hazard area, flood insurance must be afforded for the lesser of the total
insurable value of such buildings or structure, or, the maximum amount of
flood insurance coverage available under the National Flood Program.
7.11 Builder's Risk (required prior to commencement of construction)
Causes of loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $5,000, All other Perils 5%
maximum on Wind, City of Miami included as an Additional Insured.
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Design Build Services for Gibson Park
Bid No.: 08-09-064
A. Limit/Value at Location or Site TBD
Coverage Extensions:
• Materials, supplies and similar property owned by others for which you are
responsible.
• Full coverage up to policy limits for equipment breakdown.
• Temporary storage/transit coverage.
• Full coverage up to policy limits for site preparation, re -excavation, re-
preparation and re -grade in the event of a loss.
• Fences, scaffolding, construction forms coverage and signs
• Valuable papers coverage for blueprints, site plans and similar documents.
• Trees, shrubs, sod, plants while at premises.
• Flood, including inundation, rain, seepage and water damage.
• New ordinance or law; reimbursement for any resulting loss of value to the
undamaged portion, and required demolition expenses, including
construction necessary to repair, rebuild or re -construct damaged parts.
• Temporary structures, cribbing and false work built or erected at
construction site.
• Unintentional errors and omissions in reporting clause
• Debris Removal.
7.12 Professional Liability Insurance
The Consultant shall maintain Professional Liability Insurance including
Errors and Omissions coverage in the minimum amount of $2,000,000 per
claim, combined single limits, providing for all sums which the Consultant
shall be legally obligated to pay as damages for claims arising out the
services performed by the Consultant or any person employed by the
Consultant in connection with this Agreement. This insurance shall be
maintained for at least one year after completion of the construction and
acceptance of any project covered by this Agreement.
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. If the initial insurance expires prior to the completion of the Work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the date of their
expiration.
Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide City
with at least thirty (3D) days notice of cancellation and/or restriction.
Design -Build Firm shall furnish to the Capital Improvement Program the Certificates of
Insurance or endorsements evidencing the insurance coverage specified above within
fifteen (15) calendar days after 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.
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
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Bid No.: 08-09-064
of insurance are subject to review and verification by Risk Management prior to insurance
approval.
The Risk Administrator or his/her 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) day written notice to the
Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor
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.
8. Performance and Payment Bond
Where required by the Contract Documents the Design -Build Firm shall within fifteen (15)
calendar days of being notified of award, furnish a Performance/Payment 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 Subcontractor, and
Subconsuitant employed pursuant to this Project(s). Each Bond shall be with a Surety,
which is qualified pursuant to Article 9, 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 Design -Build Firm will, upon notification by City,
correct any defective or faulty work or materials which appear within one year after Final
Completion of the Project(s).
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended
from time to time, Design -Build Firm shall ensure that the bond(s) referenced above shall
be recorded in the public records and provide City with evidence of such recording.
Alternate Form of Security:
In lieu of a Performance/Payment Bond, Design -Build Firm 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. Such alternate forms of security shall be
subject to the prior approval of City and for same purpose and shall be subject to the same
conditions as those applicable above and shall be held by City for one year after completion
and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars
($500,000.00);
Each bond must be executed by a surety company of recognized standing, authorized
to do business in the State of Florida as surety, having a resident agent in the State of
Florida and having been in business with a record of successful continuous operation
for at least five (5) years.
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
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Design Build Services for Gibson Park
Bid No.: 08-09-064
10.
Surety shall provide City with evidence satisfactory to City, that such excess risk has
been protected in an acceptable manner.
The City will accept a surety bond from a company with a rating of B+ or better for
bonds up to $2 million, provided, however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the surety company
based on the financial information available to the City. A surety company that is
rejected by the City may be substituted by the Bidder or proposer with a surety
company acceptable to the City, only if the bid amount does not increase. The following
sets forth, in general, the acceptable parameters for bonds:
Policy -
Amount of Bond
500,001 to 1,000,000
1,000,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10,000,000
10, 000, 001 to 25, 000, 000
25,000,001 to 50,000,000
50,000,001 or more
Financial
holders Size
Ratings Category
B+
Class
.....I
B+
Class
....11
A
Class
...III
A
Class
...IV
A
Class
.... V
A
Class
... VI
A
Class
.. VII
For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and
Payment Bond from a Surety which has twice the minimum surplus and capital required by
the Florida insurance Code at the time the invitation to bid is issued, if the Surety is
otherwise in compliance with the provisions of the Florida Insurance Code, and if the
surety company holds a currently valid certificate of authority issued by the United States
Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States
Code, as may be amended from time to time. A Certificate and Affidavit so certifying
should be submitted with the Bid Bond and also with the Performance/Payment Bond.
More stringent requirements of any grantor agency are set forth within the RPP. If there are
no more stringent requirements, the provisions of this section shall apply.
First Source Hiring Agreements
Section 18-110 of the City Code states:
(a) The City commission approves implementation of the first -source hiring
agreement policy and requires as a condition precedent to the execution of service
contracts for facilities, services, and/or receipt of grants and loans, for projects of a
nature that create new jobs, the successful negotiation of first source hiring agreements
between the organization or individual receiving said contract and the Authorized
Representative unless such an agreement is found infeasible by the City Manager and
such finding approved by the City commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their
derivations shall have the following meanings:
Authorized Representative means the Private Industry Council of South Florida/South
Florida Employment and Training Consortium, or its successor as local recipient of
federal and state training and employment funds.
Facilities means all publicly financed projects, including but without limitation, unified
development projects, municipal public works, and municipal improvements to the
extent they are financed through public money or services or the use of publicly owned
property
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Design Build Services for Gibson Park
1=911•[.�i7:�i�aiT.�!
Grants and loans means, without limitation, urban development action grants (UDAG),
economic development agency construction loans, loans from Miami Capital
Development, Incorporated, and all federal and state grants administered by the City
Service contracts means contracts for the procurement of services by the City which
include professional services.
Services include, without limitation, public works improvements, facilities, professional
services, commodities, supplies, materials and equipment.
(c) The Authorized Representative shall negotiate each first source hiring agreement
(d) The primary beneficiaries of the first -source hiring agreement shall be
participants of the City training and employment programs, and other residents of the
City.
Contractors are strongly encouraged to identify opportunities to hire qualified City
residents if an Agreement is awarded, and are expected to secure the cooperation of
subcontractors in this effort as well. Approved community agencies are available to
assist with recruitment and screening of job applicants, and may periodically monitor
contractors' employment records during the term of the Agreement. Resident job
applicants are not expected to receive special consideration by the prospective
employer, and must meet all hiring requirements normally imposed by the employer.
During the term of the Agreement, if awarded, the City may require the Construction
Manager and its subcontractors to periodically review its manpower needs and resubmit
First Source Hiring forms.
The Construction Manager is expected to meet the goals and objective detailed in its
Response to the Request for Proposals, which has been previously incorporated into this
Agreement.
11. Small Business/Local Workforce Participation
Design -Build Firm shall be responsible for compliance with the plan contained in the
Request for Proposal for maximizing the use of Local small businesses and the Local
workforce (`Plan"). Design -Build firm shall require that all its Subcontrators comply with the
Plan. Design -Build Firm Manager shall, and shall require all Subcontractors to, grant the
City all rights of access to records to monitor compliance with the Plan. Failure of the
Design -Build Firm and it Subcontractors to comply with the requirements of the Plan or to
demonstrate to the satisfaction of the City that it has demonstrated good faith efforts in
meeting the Plan may result in the City finding the Design -Build Firm in default of the
Agreement.
10. General Requirements
The employee(s) of the Design -Build Firm shall be considered to be at all times its
employee(s), and not an employee(s) or agent(s) of the City or any of its departments.
The Design -Build Firm agrees that the Design -Build Firm will at all times employ, maintain
and assign to the performance of a Project a sufficient number of competent and qualified
professionals and other personnel to meet the requirements of the Work to be performed.
The Design -Build Firm agrees to adjust staffing levels or to replace any staff personnel 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 Design -Build Firm represents that its staff personnel have 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.
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Design Build Services for Gibson Park
Bid No.: 08-09-064
The Design -Build Firm shall perform the work complete, in place, and ready for continuous
service, and shall include repairs, testing, permits, clean-up, replacements, and restoration
required as a result of damages caused during this construction.
The Design -Build Firm 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 Project Manager
and the Consultant.
The Design -Build Firm shall at all times cooperate with the City, or the Consultant and
coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
The City, the Consultant and other agencies authorized by the City, shall have full access to
the Project(s) site(s) at all times.
The Design -Build Firm shall be responsible for the good condition of the Work or materials
until formal release from his obligations under the terms of the Contract Documents.
Design -Build Firm 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 he anticipated.
All newly constructed work shall be carefully protected from injury in any way. No wheeling
or walking or placing of heavy loads on it shall be allowed and the Design=Build Firm at its
own expense shall reconstruct all portions damaged.
The Design -Build Firm shall at all times conduct the Work in such manner and in such
sequence as will ensure the least practicable local interference. Design -Build Firm shall not
open up Work to the prejudice of Work already started, and the Project Manager may
require the Design -Build Firm to finish a section on which Work is in progress before Work
is started on any additional section.
11. Method of Performing the Work
When measurements are affected by conditions already established or where items are to
be fitted into constructed conditions, it shall be the Design -Build Firm's responsibility to
verify all such dimensions at the site and the actual job dimensions shall take precedence.
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 the best general practice is to
prevail and that only material and workmanship of the best quality is to be used, and
interpretation of the Contract Documents shall be made upon that basis.
If the Project Manager or Consultant 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 Project Manager the Design -Build Firm 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 Project, the Project Manager shall have
the right to order the Design -Build Firm to do either or both 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(s) within the specified time. The Design -Build Firm shall
immediately comply with such orders at no additional cost to the City. (3) The City at its
sole option may also have Work performed by a third party Design -Build Firm and deduct
such cost from any monies due the Design -Build Firm.
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 Design -Build Firm and any damaged
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Design Build Services for Gibson Park
Bid No.: 08-09-064
curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the
Design -Build Firm to the satisfaction of the Project Manager and Consultant.
The Design -Build Firm shall furnish to the Project Manager a complete listing of 24-hour
telephone numbers at which responsible representatives of the Design -Build Firm and all of
the Design -Build Firm's Subcontractors and Subconsultants can be reached should the
need arise at any time.
12. 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 Project Manager and Consultant, whom 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 Project Manager or Consultant. All requests for such interruption or obstruction must
be given in writing to the Project Manager or Consultant 24 hours in advance of the
interruption of City operations.
The Design -Build Firm 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 Project Manager and Consultant.
A staging plan must be submitted to and approved by the Project Manager or the
Consultant 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.
13. Site Investigation and Representation
The Design -Build Firm 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 Design -Build Firm further acknowledges that it has satisfied itself based on any
geotechnical reports the City may provide and inspection of the Project(s) 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 this Contract Documents.
Any failure by the Design -Build Firm to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) will not relieve Design -Build Firm from
responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents. In the event that the actual subsurface conditions vary from the actual City
provided reports the Design -Build Firm shall notify the City and this Contract Documents
amount may be adjusted up or down depending on the conditions.
14. Design -Build Firm to Check Plans, Specifications and Data
Design -Build Firm shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager, Design Criteria Professional, or
Consultant as part of the Contract Documents, and shall notify the Project Manager, the
Design Criteria Professional, and the Consultant of all errors, omissions and discrepancies
found therein within three (3) calendar days of discovery. Design -Build Firm will not be
allowed to take advantage of any error, omission or discrepancy in the plans or
specifications as the Design -Build Firm has sole responsibility for design and construction.
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Design Build Services for Gibson Park
Design -Build Firm is also liable for damages and/or re -works resulting from errors,
omissions or discrepancies in the plans and/or specifications
15. Design -Build Firm's Responsibility for Damages and Accidents
Design -Build Firm 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 any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
16. Accidents
The Design -Build Firm shall provide such equipment and facilities as are necessary or
required, in the case of accidents, for first aid service to person who may be injured during
the Project(s) duration. The Design -Build Firm shall also comply with the OSHA
requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the
Design -Build Firm must report immediately to the Project Manager every accident to
persons or damage to property, and shall furnish in writing full information, including
testimony of witnesses regarding any and all accidents.
17. Safety Precautions
Design -Build Firm shall be solely responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Design -Build Firm shall take
all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
All employees on the Project(s) 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(s) site(s); and
Other property at the Project(s) 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.
Design -Build Firm shall designate a responsible member of its organization at the Project(s)
site(s) whose duty shall be the prevention of accidents. This person shall be Design -Build
Firm's superintendent unless otherwise designated in writing by Design -Build Firm to
Project Manager.
Design -Build Firm 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. Design -Build Firm shall notify owners of
adjacent property and utilities when prosecution of the Work may affect them. All damage,
injury or loss to any property caused directly or indirectly, in whole or in part, by Design -
Build Firm, any Subcontractor, Subconsultant or anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, shall be remedied by
Design -Build Firm. Design -Build Firm's duties and responsibilities for the safety and
protection of the Work shall continue until such time as all the Work is completed and
Project Manager has issued the Design -Build Firm a notice of Final Acceptance.
Design -Build Firm 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
Design -Build Firm shall comply with all codes, ordinances, rules, orders and other legal
requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade
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Design Build Services for Gibson Park
Bid No.: 08-09-064
18
19
20
County, State of Florida, and Florida Building Code), which bear on the performance of the
Work.
The Design -Build Firm 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.
If an emergency condition should develop during a Project, the Design -Build Firm must
immediately notify the Project Manager of each and every occurrence. The Design -Build
Firm should also recommend any appropriate course(s) of action to the Project Manager.
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 delivered as a result of a Project must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
• The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o 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
o The primary routes of entry and symptoms of overexposure.
• 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.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
• The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
Labor and Materials
Unless otherwise provided herein, Design -Build Firm shall provide and pay for all materials,
labor, water, tools, equipment, light, power, 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.
Design -Build Firm shall at all times enforce strict discipline and good order among its
employees, Subcontractor, and Subconsultant at the Project(s) site(s) and shall not employ
on the Project(s) any unfit person or anyone not skilled in the Work to which they are
assigned.
Rules, Regulations, and Licenses
The successful Design -Build Firm shall comply with all laws and regulations applicable to
provision of services specified in the Contract Documents. The Design -Build Firm shall be
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Design Build Services for Gibson Park
Bid No.: 08-09-064
familiar with all federal, state and local laws that may in affect the goods and/or services
offered.
21. Design Criteria Professional
The City has entered into a separate agreement with Zyscovich Architect to act as the
Design Criteria Professional for this Project and shall be referred to in the Contract as the
"Design Criteria Professional". Zyscovich Architects has completed the attached Design
Criteria Package, entitled; "Gibson Park Design Report", dated October 10, 2008.
22. Proiect Management
Where a Design -Build Firm is awarded Work, the Design -Build Firm 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, and Subconsultants comply with all City requirements; performing the Work
in accordance with the Contract Documents to the satisfaction of the Project Manager;
paying all Subcontractors and Subconsultants; obtaining release of liens/claims fees; and
obtaining temporary and final Certificates of Occupancy or Completion.
23. Superintendence and Supervision
The Design -Build Firm shall keep the Contract under his own control and it shall be its
responsibility to see that the Work is properly supervised and carried on faithfully and
efficiently. The Design -Build Firm shall supervise the Work personally and shall have a
competent, English-speaking superintendent, construction manager or representative who
shall be on the site of the Project at all working hours, and who shall have full authority by
the Design -Build Firm to direct the performance of the Work and make arrangements for all
necessary materials, equipment, and labor without delay.
The orders of the City are given through the Project Manager, which instructions are to be
strictly and promptly followed in every case. Design -Build Firm shall keep on the Project
during its progress, a full-time competent English speaking superintendent and any
necessary assistants, all satisfactory to Project Manager. The superintendent shall not be
changed except with the written consent of Project Manager, unless the superintendent
proves to be unsatisfactory to Design -Build Firm and ceases to be in its employ. The
superintendent shall represent Design -Build Firm and all directions given to the
superintendent shall be as binding as if given to Design -Build Firm and will be confirmed in
writing by Project Manager upon the written request of Design -Build Firm. Design -Build
Firm shall give efficient supervision to the Work, using its best skill 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.
The Design -Build Firm's superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any weather
condition affected progress of the Work; time of commencement of Work for the day; the
Work being performed; materials, labor, personnel, equipment and Subcontractors and
Subconsultants at the Project(s) site(s); visitors to the Project site, including representatives
of the City, Design Criteria Professional, regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of Work for the day. All
information shall be recorded in the daily log in indelible ink. The daily log shall be kept on
the Project(s) site(s) and shall be available at all times for inspection and copying by Project
Manager.
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Design Build Services for Gibson Park
The Project Manager, Design -Build Firm and Consultant 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 Design -Build Firm
shall publish, keep, and distribute minutes and any comments thereto of each such
meeting.
If Design -Build Firm, 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 Design -Build Firm's duty to immediately
inform Project Manager and Consultant, in writing, and Project Manager or Consultant, will
promptly review the same. All Work performed as a result of such discovery, will be done
at Design -Build Firm's sole risk.
Design -Build Firm 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. Design -Build Firm shall be
solely responsible for the means, methods, techniques, sequences and procedures of
construction.
24. Authority of the Proiect Manager
The Director hereby authorizes the Project Manager or the Consultant, within the scope of
its agreement with the City, 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 this Contract Documents.
The Design -Build Firm shall be bound by all determinations or orders of the Project
Manager and/or Consultant and shall promptly respond to requests of the Project Manager
and/or Consultant, including the withdrawal or modification of any previous order, and
regardless of whether the Design -Build Firm agrees with the Project Manager's and/or
Consultant's determination or requests. Where requests are made orally, the Project
Manager and/or Consultant will follow up in writing, as soon thereafter as is practicable.
The Project Manager and/or Consultant 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 Design -Build Firm shall be issued in writing. All instructions to the
Design -Build Firm shall be issued through the Director or Project Manager or the
Consultant.
The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times.
The Design -Build Firm shall provide safe facilities for such access so the Project Manager
and Consultant may perform their functions under the Contract. The Project Manager and
Consultant 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 Design -Build Firm's failure to carry out the Work in
accordance with the Contract Documents.
The Project Manager and Consultant 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 and Consultant 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 nor Consultant's authority to act under this paragraph, nor any decision
made by him in good faith either to exercise or not to exercise such authority, shall give rise
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Design Build Services for Gibson Park
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to any duty or responsibility of the Project Manager or Consultant to the Design -Build Firm,
any Subcontractor, Subconsultant, supplier or any of their agents, employees, or any other
person performing any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents.
The Design Criteria Professional shall inspect the Work to determine it compliance with the
DCP. The Project Manager shall notify the Design -Build Firm in writing where the Work
does not comply with the DCP.
The Project Manager will not be responsible for the acts or omissions of the Design -Build
Firm, any Subcontractor, Subconsultant, or any of their agents or employees, or any other
persons performing any of the Work.
25. Inspection of Work
Design Criteria Professional, Inspectors, and City shall at all times have access to the Work
during normal work hours, and Design -Build Firm shall provide proper facilities for such
access and for inspecting, measuring and testing.
Should the Contract Documents, Consultant/)nspector Project Manager's instructions, any
laws, ordinances, or any public authority require any of the Work to be specially tested or
approved, Design -Build Firm shall give Project Manager and Consultant 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 Project Manager or Consultant, it
must, if required by the Project Manager or Consultant, be uncovered for examination and
properly restored at Design -Build Firm's expense.
Unless otherwise provided, the Design -Build Firm shall make arrangements for such tests,
inspections and approvals with the City's testing laboratory or entity. The Design -Build Firm
shall give the City and the Consultant timely notice of when and where tests and
inspections are to be made so that the City or Consultant may be present for such
procedures.
Re-examination of any of the Work may be ordered by the Project Manager or Consultant,
and if so ordered, the Work must be uncovered by Design -Build Firm. If such Work is found
to be in accordance with the Contract Documents, City shall pay the cost of reexamination
and replacement by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Design -Build Firm shall pay such cost.
The Design -Build Firm shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the City or separate Design -Build Firms
caused by the Design -Build Firm's correction or removal of Work which 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 Project
Manager or Consultant.
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 Design -Build Firm to any Inspector, directly
or indirectly, is strictly prohibited, and any such act on the part of the Design -Build Firm will
constitute a breach of this Contract.
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26. Taxes
Design -Build Firm shall pay all applicable sales, consumer, use and other taxes required by
law. Design -Build Firm is responsible for reviewing the pertinent state statutes involving
state taxes and complying with all requirements.
27. Separate Contracts
Prior to the commencement of the Work the Project Manager will notify the Design -Build
Firm of all ongoing projects or projects scheduled to commence during the Work that may
require coordination. The Design -Build Firm shall be responsible for coordinating the Work
with any other project to minimize any potential adverse impact. Design -Build Firm shall
not be entitled to any days of delay for failure to properly coordinate the Work. The Project
Manager will assist the Design -Build Firm in coordinating the Work. However, the sole
responsibility for coordination rests with the Design -Build Firm.
If any part of Design -Build Firm's Work depends for proper execution or results upon the
work of any other persons, Design -Build Firm shall inspect and promptly report to Project
Manager and Consultant any defects in such work that render it unsuitable for such proper
execution and results. Design -Build Firm's failure to so inspect and report shall constitute
an acceptance of the other person's work as fit and proper for the reception of Design -Build
Firm's Work, except as to defects which may develop in other Design -Build Firm's work
after the execution of Design -Build Firm's Work.
Design -Build Firm 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 Design -
Build Firm on the site. Should such interference or impact occur, Design -Build Firm shall
be liable to the affected Design -Build Firm for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Design -Build Firm shall inspect the
Work already in place and shall at once report to Project Manager and Consultant any
discrepancy between the executed Work and the requirements of the Contract Documents.
28. 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 Design -Build Firm.
Design -Build Firm shall provide, at Design -Build Firm'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. Design -Build Firm shall furnish to City
copies of written permission obtained by Design -Build Firm from the owners of such
facilities.
29. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a
week schedule. Design -Build Firm shall ensure that the performance of the Work does not
impact any ongoing operations at Project(s) 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 to minimize interference to regular and emergency
operations of the facility.
During progress of Work under this Contract, it may be necessary for other contractor's and
persons employed by the City to Work in or about the Project. The City reserves the right to
put such other contractors to work and to afford such access to the Project site of the Work
to be performed hereunder at such times as the City deems proper.
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If this Contract requires a portion of the Work to be tied into work done under other
Contract(s), it will be necessary for Design -build Firm to plan its Work and cooperate with
other contractors insofar as possible to prevent any interference and delay.
The Design -build Firm shall not impede or interfere with the work of other contractors
engaged in or about the Work and shall so arrange and conduct its Work that such other
contractors may complete their work at the earliest date possible.
30. Differing Site Conditions
No adjustments to the Contract Time or Contract Price shall be approved due to differing
site conditions as the Design -Build Firm is solely responsible for all aspects of design and
construction.
31. 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 Design -Build Firm only, and
no responsibility is assumed by either 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 Design -Build Firm is responsible for locating all
underground utilities. The Design -Build Firm shall explore sufficiently ahead of the Work to
allow time for any necessary adjustments The Design -Build Firm must coordinate all
underground utility locations through "Sunshine State One Call of Florida, Inc", who shall be
contacted a minimum of 48 hours before the Design -Build Firm commences any digging.
32. Design -Build Firm's Responsibility for Utility Properties and Service
Where the Design -Build Firm's operations could cause damage or inconvenience to
railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or
irrigation systems, the Design -Build Firm shall make all arrangements necessary for the
protection of these utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least 48 hours
in advance. Under no circumstance 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 Design -Build Firm and its 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 which may result from the construction operations under the Contract
Documents.
Neither the City nor its officers or agents shall be responsible to the Design -Build Firm for
damages as a result of the Design -Build Firm'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. 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 Design -
Build Firm may, by obtaining prior approval of the water utility, cut the service, dig through,
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and restore the service with similar and equal materials at the Design -Build Firm's expense
and as approved by the Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Design -Build
Firm'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 Project Manager or Consultant.
Replace with material approved by the Project Manager or Consultant, at Design -Build
Firm's expense, any existing utilities damaged during the Work
33. 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 Design -Build Firm shall
field verify all locations. Design -Build Firm shall coordinate with any affected companies,
including utility companies and take necessary precautions to prevent damage to existing
structures whether on the surface, above ground, or underground, including have the owner
of the interfering structures place temporary supports.
34. 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 or
Consultant at the Design -Build Firm's expense. If existing structures are encountered that
will prevent construction as shown, the Design -Build Firm shall notify the Project Manager
or Consultant before continuing with the Work in order that the Project Manager or
Consultant may make such field revisions as necessary to avoid conflict with the existing
structures. Where the Design -Build Firm fails to notify the Project Manager or Consultant
when an existing structure is encountered, and proceeds with the Work despite this
interference, the Design -Build Firm does so at his own risk.
35. Design -Build Firm's Use of Project Site(s)
Limitations may be placed on the Design -Build Firm's use of the Project(s) 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 Design -Build Firm at his sole discretion
based on availability of space. The Design -Build Firm shall also coordinate and schedule
deliveries so as to minimize disruptions to City day-to-day operations.
The Design -Build Firm 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 Design -Build Firm shall:
o Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager; not disturb portions of the Project(s) site(s) beyond the specified
areas; conform to Project(s) site(s) rules and regulations affecting the Work.
o 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.
o 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.
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36
37.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval of
the Project Manager.
Materials and Equipment
Design -Build Firm warrants to City that all materials and equipment furnished under the
Contract will be new unless otherwise specified and that all of the Work will be of the
highest quality, free from faults and defects and in conformance with the Contract. All Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. If required by the Project Manager or Consultant,
Design -Build Firm 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.
Material and Equipment Shipment, Handling, Storage and Protection
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 Design -Build Firm 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.
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.
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, 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.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Design -Build Firm shall request a 7 -day advance notice of shipment from
manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the
current delivery information concerning equipment items and material items of critical
importance to the Project schedule.
Receiving
The Design -Build Firm 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 Design -Build Firm -Supplied and City -Supplied materials
and equipment shall be included in the prices Bid and no extra compensation will be
allowed.
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inspection
Immediately upon receipt of equipment and materials at the jobsite, the Design -Build Firm
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 Project Manager or Consultant
shall be immediately notified; and the Design -Build Firm 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 Design -
Build Firm shall take the necessary measures to expedite the replacement or supply the
missing parts.
Handling
Equipment and materials received for installation on the Project(s) shall be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent
damage.
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.
Insurance
The Design -Build Firm's insurance shall adequately cover the value of materials delivered
but not yet incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for inspection
and inventory control. The Design -Build Firm 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.
Equipment's Maintenance Prior to Acceptance by the City
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.
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 by the
Design -Build Firm at his own expense, where directed by the Project Manager, and shall
remain the property of the City. All other material shall be disposed of by the Design -Build
Firm at his own expense.
38. Manufacturer's Instructions
The Design -Build Firm shalt:
Comply with manufacturer's
installation of all materials, and
Design -Build Firm shall submit
assembly, and installation.
Design Build Services for Gibson Park
requirements for the handling, delivery, storage, and
equipment. Where required by the Contract Documents,
manufacturer's printed instructions for delivery, storage,
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Bid No.: 08-09-064
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
including 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 Consultant 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.
Instal! each unit or section of Work during favorable weather conditions, which shall ensure
the best possible results in coordination with the entire Project(s) 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 Design -
Build Firm and the Project Manager a written report of field observations.
39. Manufacturer's Warranty
Design -Build Firm shall provide all manufacturers' warranties. All warranties, expressed
and/or implied, shall be made available to the City for material and equipment covered by
this Contract Documents. All material and equipment furnished shall be fully guaranteed by
the Design -Build Firm against factory defects and workmanship. At no expense to the City,
the Design -Build Firm 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(s).
40. Submittals
Design -Build Firm 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 Project Manager or Consultant.
Design -Build Firm 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 Design -Build Firm shall advise the Project Manager and Consultant in
writing of any deviations from the Contract Documents. Failure of the Design -Build Firm to
advise the Project Manager or Consultant of any deviations shall make the Design -Build
Firm 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
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Bid No.: 08-09-064
• Name of Design -Build Firm and Subcontractors, (if any) submitting drawings
• Name of Project, Building or Facility
• Specification Section title and number
• Design -Build Firm's Stamp of approval, signed by the Design -Build Firm or his
checker
• Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
Date of submittal
Design -Build Firm 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 drawing submitted without the stamp and signature shall be rejected and it will be
considered that the Design -Build Firm has not complied with the requirements of the
Contract Documents, Design -Build Firm shall bear the risk of any delays that may occur as
a result of such rejection.
City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the Project Manager or Consultant has returned approved
submittals to the Design -Build Firm.
Project Manager shall make every effort to review submittals within fourteen (14) calendar
days from the date of receipt by the Project Manager. Project Manager'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 Project Manager or Consultant shall return the shop
drawings to the Design -Build Firm for their use and distribution.
Acceptance of any submittal shall not relieve the Design -Build Firm of any responsibility for
any deviations from the requirements of the Contract Documents unless the Design -Build
Firm has given written notice to the Project Manager 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 Design -Build
Firm 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 this Contract Documents.
Design -Build Firm shall be responsible for the distribution of all shop drawings, copies of
product data and samples, which bear the Project Manager's or Consultant's stamp of
approval. Distribution shall include, but not be limited to; job site file, record documents file,
Sub -Design -Build Firm, suppliers, and other affected parties or entities that require the
information.
The Design -Build Firm shall also provide copies of all plans approved and permitted by the
required governing authorities.
The Design -Build Firm shall not be relieved of responsibility for errors or omissions in any
and all submittals by the Project Manager's or Consultant's acceptance thereof. The
Design -Build Firm 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 Project Manager's or Consultant's review of Shop Drawings, Submittals and
Samples shall be construed as authorizing additional work or increased cost to the City.
41. Shop Drawings, Working_ Drawings and Samples
The Design -Build Firm shall submit to the Project Manager for acceptance, if any, such
working drawings, shop drawings, test reports and data on materials and equipment, and
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material samples as are included in the Design Documents prepared by the Design -Build
Firm, or in the Design Criteria Package.
SHOP DRAWINGS: The term "Shop Drawings" shall be construed to mean Design -Build
Firm's plans for material and equipment, which becomes an integral part of the Project.
Shop drawings shall consist of fabrication, erection and setting drawings and schedule
drawings, manufacturer's scale drawings, wiring and control diagrams, material and
equipment lists, catalog data sheets, cuts, performance curves, diagrams, materials of
construction and similar descriptive material.
Shop drawings shall be prepared in a manner and sufficient detail to enable the City and
the Design Criteria Professional to determine compliance with all stated Design Criteria
requirements or Design Documents.
Drawings and schedules shall be checked and coordinated with the work of all trades
involved before they are submitted for review by the City and the Design Criteria
Professional and shall bear the Design -Build Firm's stamp of review and acceptance as
evidence of such checking and coordination.
If drawings show variation from Contract requirements because of standard shop practice
or for other reasons, the Design -Build Firm shall. describe such variations in his letter of
transmittal. If acceptable, proper adjustment in the Contract shall be implemented where
appropriate. If the Design -Build Firm fails to describe such variations, he shall not be
relieved of the responsibility for executing the Work in accordance with the Contract, even
though such drawings have been reviewed.
WORKING DRAWINGS: The term "Working Drawings" shall be construed to mean the
Design -Build Firm's plan for temporary structures such as temporary bulkheads, support of
open cut excavation, support of utilities, groundwater control systems, forming and false
work for underpinning, and for such other work as may be required for construction but
does not become an integral permanent part of the Project.
Working Drawings shall be submitted to the Project Manager where required by the Design
Criteria, the Design Documents, or requested by the Project Manager, and shall be
submitted at least thirty (30) calendar days (unless otherwise specified) in advance of their
being required for the Work.
Working Drawings, where required, shall be prepared, signed and sealed by a registered
professional engineer currently licensed to practice in the State of Florida. Working Drawing
submittals are required to verify compliance with this provision. The Design -Build Firm and
the Design -Build Firm's engineer assume all risks of error; the City shall have no
responsibility therefore.
SAMPLES: The Design -Build Firm shall furnish, for the inspection of the City and the
Design Criteria Professional, samples required by the Design Criteria Package, the Design
Documents, or requested by the City.
1. Samples shall be delivered to the Project Manager as specified or directed. The
Design -Build Firm shall prepay all shipping charges on samples.
2. Review and acceptance of a sample shall be only for the characteristics or use
named in such acceptance and shall not be construed to change or modify any
Contract requirements. Materials or equipment for which samples are required shall
not be used in work until accepted by the City. Materials and equipment
incorporated in Work shall match the accepted samples.
3. Accepted samples not destroyed in testing shall be sent to the site of the Work.
Accepted samples of the hardware in good condition will be marked for identification
and may be used in the Work. Samples which failed testing or were not accepted
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will be returned to the Design -Build Firm at his expense, if so requested at the time.
of submission.
DESIGN -BUILD FIRMS RESPONSIBILITY -The DESIGN -BUILD FIRM shall:
1. Check all drawings, data and samples prepared by or for him before submitting
them to the Project Manager for review;
2. Stamp each data Submittal with " Design -Build Firm's Stamp" indicating that they
have been checked. Shop drawings submitted to the Project Manager without the "
Design -Build Firm's Stamp" will be returned for nonconformance with this
requirement;
3. Determine and verify field measurements and construction criteria;
4. Determine and verify specific catalog numbers and similar data (other catalog or
manufacturer's data not pertinent to the Submittal shall be crossed or marked out).
5. Determine and verify general conformance with Design Criteria.
6. Not begin any work covered by a shop drawing returned for correction until a
revision or correction thereof has been reviewed, accepted and returned to the
Design -Build Firm by the Project Manager or Design Criteria Professional. The
Design -Build Firm shall be responsible for and bear all costs for damages which
may result from. the ordering of any material or from proceeding with any part of the
work prior to the review and acceptance by the City of the necessary shop drawings;
1. Carry out the construction in accordance with shop drawings as returned by the
City or Design Criteria Professional with no exceptions or as noted and shall make
no further changes therein except upon written instruction from the Engineer;
2. Submit to the Project Manager all shop drawings, samples and schedules
sufficiently in advance of construction requirements to provide no less than thirty
(30) calendar days for checking, and appropriate action;
9. List exceptions to the Design Criteria taken by the Design -Build Firm in the letter
of Shop Drawing Transmittal to the Project Manager.
CiTY'S RESPONSIBILITY - the City will:
1. Review shop drawings, data, and samples submitted by the Design -Build Firm
to interpret the work depicted on such Submittal to be in general conformance with
the design concept and in general compliance with the Contract requirements. The
City and Design Criteria Professional's review and comments, if any, constitutes a
limited, conditional or qualified permission to use such materials, equipment or
methods and does not constitute an acceptance of dimensions, quantities, details of
the material, equipment, device or item submitted.
2. Review and return shop drawing submittals within 30 calendar days of receipt.
3. Reject and return shop drawings to the Design -Build Firm without action
(Stamped "REJECTED") or review with the following applicable notation:
a. "Design -Build Firm's Stamp required - Incomplete Review by Design -Build
Firm ", or
b. "Submittal Not Required by Design Criteria", or
c. "Submittal Incomplete - See Section ", or
d. "Contract Variation Not Noted in Transmittal".
SUBMITTAL PROCEDURES:
Preliminary Shop Drawing Data: Within 20 days after the Award of the Contract the Design -
Build Firm shall submit to the Project Manager a complete listing of manufacturers for all
items for which shop drawings are to be submitted.
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Shop Drawing Submittal Schedule: Within 30 days after the Notice to Proceed, the Design -
Build Firm shall submit to the Project Manager a complete schedule of shop drawing
submittals fixing the respective dates for submission, the beginning of manufacture, testing,
and installation of materials, supplies and equipment, noting those submittals critical to the
progress schedule.
Submittal Log: An accurate updated log of submittals maintained by the Design -Build Firm
and subject to review by the City and Design Criteria Professional at each scheduled
progress meeting.
When reviewed by the City and Design Criteria Professional, each of the shop drawings will
be identified as having received such review, being so stamped and dated. Shop drawings
stamped "REJECTED" will be returned to the Design -Build Firm for correction and re-
submittal with the required correction indicated on the shop drawing or listed on a "Shop
Drawing Review sheet".
If submitted drawings or schedules show a departure or variation from the Contract
Requirements which are in the interest of the City and to be so minor as not to involve a
change in Contract Price or time for performance, the City and Design Criteria Professional
may return the reviewed drawings without noting an exception.
If the Design -Build Firm considers any correction indicated on the drawings to constitute a
change to the Design Criteria, the Design -Build Firm shall give written notice thereof to the
Project Manager. This does not constitute a change order until accepted by the City.
Re -submittals will be handled in the same manner as first submittals. On re -submittals, the
Design -Build Firm shall direct specific attention on the transmittal and on re -submitted shop
drawings to revisions other than the corrections requested by the Project Manager and/or
Design Criteria Professional on previous submissions. The Design -Build Firm shall make
any corrections required by the Project Manager and/or Design Criteria Professional.
The Project Manager and Design Criteria Professional will review a Submittal/re-submittal a
maximum of two (2) times after which the cost of review will be borne by the Design -Build
Firm at the Project Manager and Design Criteria Professional's standard hourly rate. No
partial submittals will be reviewed. Submittals not complete will be returned to the Design -
Build Firm, and will be considered "Rejected" until properly resubmitted.
Design -Build Firm shall submit a minimum of six (6) sets, plus additional sets as required by
his Subcontractors, of each shop drawing Submittal for review.
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, the Project Manager is entitled to rely upon the
accuracy and completeness of such calcuiations and certifications submitted by the Design -
Build Firm. Calculations, when required, shall be submitted in a neat clear and easy format
to follow.
Design -Build Firm shall keep one set of Shop Drawings marked with Project Manager's
and/or Consultant's approval at the job site at all times.
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42. Product Data
Design -Build Firm shall submit four (4) copies of product data, warranty information and
operating and maintenance manuals in the same manner as shop drawing submittals. Each
copy must be marked to identify applicable products, models, options and other data.
Design -Build Firm shall supplement manufacturer's standard data to provide information
unique to the Work.
Design -Build Firm 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 characteristics and capacities,
wiring and piping diagrams and controls, component parts, finishes, dimensions and
required clearances.
Design -Build Firm shall submit a draft of all product data, warranty information and
operating and maintenance manuals at 50% completion of construction.
44. Record Set
Design -Build Firm shall maintain in a safe place at the Project(s) site(s) a copy of the
Contract ,one record copy and one permit set of the Contract documents, including, but not
limited to, all Drawings, Specifications, accepted shop drawings, amendments, Change
Orders, RFIs, and Field Directives, field and performance test records, construction
progress schedules, as well as all written interpretations and clarifications issued by the
Project Manager or Consultant, in good order and annotated to show all changes made
during construction. The record documents shall be continuously updated by Design -Build
Firm 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. Design -Build Firm shall certify the accuracy of the updated record documents. As
a condition precedent to City's obligation to pay Design -Build Firm, the Design -Build Firm
shall provide evidence, satisfactory to the Project Manager that Design -Build Firm is
fulfilling its obligation to continuously update the record documents. All buried items,
outside the Project(s) 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 Design -Build Firm's entitlement to final payment, the record documents shall
be delivered to the Project Manager by the Design -Build Firm. The Record Set of Drawing
shall be submitted in both hard copy and as electronic plot and .dwg files.
45. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental Instructions involve
no change in the Contract Documents Price or this Contract Documents Time.
Project Manager or Consultant 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.
46. Design -Build Firm Furnished Drawings
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A Contract Documents may require the Design -Build Firm 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 Project Manager and/or Consultant 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.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by the
Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Design -Build Firm from responsibility for errors
and omissions in the drawings.
47. 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 Architect or Engineer of Record if sufficient information
is submitted by Design -Build Firm to allow City and Architect or Engineer of Record 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
City and Architect or Engineer of Record from anyone other than Design -Build Firm.
If Design -Build Firm wishes to furnish or use a substitute item of material or equipment,
Design -Build Firm shall make application to the Architect or Engineer of Record 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
Design -Build Firm'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 ail costs that will result
directly or indirectly from acceptance of such substitute, including costs for redesign and
claims of other Design -Build Firms affected by the resulting change, all of which shall be
considered by the Architect or Engineer of Record in evaluating the proposed substitute.
The Architect or Engineer of Record may require the Design -Build Firm to furnish at
Design -Build Firm'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, Design -Build Firm may furnish or utilize a substitute
means, method, technique, sequence or procedure of construction acceptable to the
Architect or Engineer of Record, if the Design -Build Firm submits sufficient information to
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allow the Architect or Engineer of Record to determine that the substitute proposed is
equivalent to that indicated or required by the Contract Documents. The procedures for
submission to and review by the Architect or Engineer of Record shall be the same as
those provided herein for substitute materials and equipment.
The Architect or Engineer of Record and 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 and the Architect or Engineer of Record's prior written acceptance which shall be
evidenced by either a Change Order or an approved submittal. The City and the Architect
or Engineer of Record may require the Design -Build Firm to furnish at Design -Build Firm's
expense a special performance guarantee or other surety with respect to any substitute. If
the City and the Architect or Engineer of Record rejects the proposed substitute, at their
discretion, the City may require the Design -Build Firm to reimburse the City for the charges
for evaluating the proposed substitute.
Design -Build Firm 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.
48. City Furnished Drawings
The Design Criteria Package ("DCP") as required by Florida Statute §287.55 has been
prepared by Zyscovich Architects and is entitled; "Gibson Park Design Report". The DCP
establishes the design criteria necessary for the Design -Build Firm to perform the Work
under this Project.
49. 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(s),
should any errors, omissions, conflicts, ambiguities or discrepancies be found in the
drawings and/or specifications, the Project Manager or the Consultant will clarify in writing
the intent of the drawings and/or specifications and the Design -Build Firm agrees to abide
by the Project Manager's or Consultant's interpretation and perform the Work in accordance
with the decision of the Project Manager or the Consultant. In such event, the Design -Build
Firm will be held to have included in its Contract Price the best materials suitable for the
purpose and/or methods of construction.
50. Product and Material Testing
All tests will be performed by the City, except where otherwise specifically stated in
the specifications or drawings. All costs for testing performed by the City shall be at
the City's expense, except where the product or material does not pass the testing.
In such instances the Design -Build Firm shall reimburse the City for each re -test
conducted by the City. Where the specifications or drawings require testing by the
Design -Build Firm such testing shall be performed at the expense of the Design -
Build Firm and in accordance with any stated requirements.
51. Field Directives
The Project Manager or Consultant may at times issue field based on visits to the Project(s)
Site(s). Such Field Directives shall be issued in writing and the Design -Build Firm shall be
required to comply with the directive. Where the Design -Build Firm believes that the
directive is outside the scope of the Work, the Design -Build Firm shall, within 48 hours,
notify the Project Manager that the work is outside the scope of the Work. At that time the
Field Directive may be rescinded or the Design -Build Firm may be required to submit a
request for a change to the Contract. Where the Design -Build Firm is notified of the City's
position that the Work is within the scope and the Design -Build Firm disagrees, the Design -
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Build Firm shall notify the Project Manager that the Design -Build Firm reserves the right to
make a claim for the time and monies based on the Field Directive. At no time shall the
Design -Build Firm refuse to comply with the directive. Failure to comply with the directive
may result in a determination that the Design -Build Firm is in default of the Contract.
52. 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(s) 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.
53. Continuing the Work
Design -Build Firm 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.
54. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) 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 88,
Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change
Order approved by City, Design -Build Firm shall promptly proceed with the change in the
Work involved and advise the Project Manager, and Director in writing within seven (7)
calendar days of Design -Build Firm's agreement or disagreement with the method, if any,
provided in the Change Order for determining the proposed adjustment in the Contract
Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Design -Build Firm 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 Project Manager
expressly and unmistakably indicating his/her intention to treat the Work described therein
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as Extra Work. In the absence of such an order, the Project Manager may direct, order or
require the Design -Build Firm to perform any Work including that which the Design -Build
Firm deems to be Extra Work. The Design -Build Firm 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 Project Manager stating why he 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 Project Manager 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.
55. 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 for 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 Design -Build Firm outlining
the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the
Design -Build Firm is required to immediately start the Extra Work. The Design -Build Firm is
required to obtain permission for an extension to start the Extra Work if it is beyond the
Design -Build Firm's ability to start within the allotted timeframe.
The Design -Build Firm 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 Design -Build Firm 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 Design -
Build Firm 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
Design -Build Firm's Change Proposal Request. The Design -Build Firm'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(s). If the Design -Build Firm fails to notify the
Project Manager of the schedule changes associated with the Extra Work, it will be deemed
to be an acknowledgment by Design -Build Firm that the proposed Extra Work will not have
any scheduling consequences. The Design -Build Firm agrees the Change Proposal
Request will in no event include a combined profit and overhead rate in excess of fifteen
(15%) percent of the direct labor and material costs, unless the Project Manager
determines that the complexity and risk of the Extra Work is such that an additional factor is
appropriate. The Change Proposal Request may be accepted or modified by negotiations
between the Design -Build Firm 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 Design -Build Firm of the Change Order shall serve as a release of the City
from all claims and liability to the Design -Build Firm 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 Design -Build Firm
shall, within five (5) business days submit a revised Project schedule reflecting the changes
against the baseline schedule.
56. 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,
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shall be valid or enforceable unless it is in writing and signed by the parties
charged, therewith or their duly authorized representative.
57. 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 lump sum which Design -Build Firm and Project
Manager acknowledge contains a component for overhead and profit.
• On the basis of the "cost of Work," determined as provided in this, plus a
Design -Build Firm'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 Design -Build Firm in the proper performance of the Work described
in the Change Order. Except as otherwise may be agreed to in writing by the
Project Manager, 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 Design -Build Firm in the performance of
the Work described in the Change Proposal Request under schedules of job classifications
agreed upon by Project Manager and Design -Build Firm. 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 Design -Build Firm unless City
deposits funds with Design -Build Firm 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 Design -Build
Firm shall make provisions so that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented from Design -Build Firm 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, Design -Build Firm shall obtain competitive bids for the Change Order
Work. Design -Build Firm 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 Design -Build Firm's cost of the Work. All Subcontractors shall be subject
to the other provisions of the Contract Documents insofar as applicable.
The term "cost of the Work" shall include any of the following:
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• 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
Design -Build Firm'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 Design -Build Firm.
• Sales, use, or similar taxes related to the Work, and for which Design -Build Firm
is liable, imposed by any governmental authority.
• Deposits lost for causes other than Design -Build Firm'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 the Work" shall not include any of the following:
■ Payroll costs and other compensation of Design -Build Firm'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 Design -Build Firm 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 Design -Build Firm's fee.
■ Expenses of Design -Build Firm's principal and branch offices other than Design -
Build Firm's office at the site.
■ Any part of Design -Build Firm's capital expenses, including interest on Design -
Build Firm's capital employed for the Work and charges against Design -Build
Firm for delinquent payments.
• Cost of premiums for all Bonds and for all insurance whether or not Design -Build
Firm 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 Design -Build Firm, any Subcontractor,
Subconsultant, 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.
■ Other overhead or general expense costs of any kind and the cost of any item
not specifically and expressly included in this Article
Design -Build Firm's fee allowed to Design -Build Firm for overhead and profit shall be
determined as follows:
• A mutually acceptable fixed fee or if none can be agreed upon,
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• A fee based on the following percentages of the various portions of the cost of
the Work:
■ Where the Design -Build Firm self -performs the Work, Design -Build Firm's fee
shall not exceed ten percent (10%).
■ Where a Subcontractor performs the Work, Design -Build Firm'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%); and
■ No fee shall be payable for special consultants or supplemental costs.
The amount of credit to be allowed by Design -Build Firm 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, Design -Build Firm 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, Design -Build
Firm will submit in a form acceptable to Project Manager an itemized cost breakdown
together with the supporting data.
Where the quantity of any item of the Work that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such Work indicated in
the Contract Documents, an appropriate Change Order shall be issued to adjust the unit
price, if warranted.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Design -Build Firm shall
submit an initial cost estimate acceptable to the Project Manager.
Breakdown shall list the quantities and unit prices for materials, labor, equipment
and other items of cost.
Whenever a change involves Design -Build Firm and one or more
Subcontractors and the change is an increase in the Contract Price, overhead
and profit percentage for Design -Build Firm 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 the Work."
58. 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 Design -Build
Firm to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive,
the Design -Build Firm shall be obligated to proceed with the Work set forth in that directive.
Except as provided below, the Design -Build Firm shall be entitled to initiate a dispute
pursuant to the Article 88, Resolution of Disputes, by furnishing a written statement to the
Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of
such Extra Work which the Design -Build Firm disputes. Such dispute must relate to
specific matters raised or specific matters reserved by the Design -Build Firm in its proposal
and have not been resolved prior to the issuance of the Extra Work Directive. The written
statement must set forth all details of the Design -Build Firm's claim including the manner
that the disputed item was specified in the Design -Build Firm's proposal. During the
pendency of any dispute hereunder, the Design -Build Firm 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 Design -Build Firm will be paid in
accordance with the following paragraph. This payment(s) will be in full satisfaction of the
Design -Build Firm's claim for an adjustment to the value of the Contract.
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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 Design -Build Firm for Extra Work in excess of
"Actual and Necessary Cost" which is to say time and materials plus a mark-up not
to exceed 10%. This will not vary, whether the Extra Work is performed by the
Design -Build Firm or his Subcontractor. Any exceptions must be approved by the
Project Manager.
"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 Design -Build Firm 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
liability and 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 (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 Design -Build Firm shall at the end of each day furnish to the
City such documentation as the City may require to support all the costs of the Extra Work.
If payments on account are desired as the Extra Work progresses, the Design -Build Firm
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 Design -Build Firm 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 or materials or
plant.
In case the Design -Build Firm is ordered to perform Work under this Article, which in the
opinion of the Project Manager, it is impracticable to have performed by the Design -Build
Firm's own employees, the Design -Build Firm will, subject to the approval of the Project
Manager, be paid the actual cost to Design -Build Firm of such Work, and in addition thereto
five (5%) percent to cover the Design -Build Firm'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.
59. As -Built Drawings
During the Work, Design -Build Firm shall maintain records of all deviations from the
Drawings and Specifications as approved by the Project Manager and prepare 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
Design -Build Firm 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.
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• 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 dimensions 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, electrical panel locations.
• Project Manager's or Consultant's schedule changes according to Design -Build
Firm'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 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 as -built drawings signed and sealed
by a Florida licensed Registered Land Surveyor.
60. Worker's identification
The Design -Build Firm's employees, who include any Subcontractor, and/or Subconsultant,
shall wear an identification card provided by the Design -Build Firm. The identification card
shall bear the employee's picture, name, title and name of the employer. Failure by a
Design -Build Firm'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 Design -Build Firm to submit a claim for an extension of time.
61. Removal of Unsatisfactory Personnel
The City may make written request to the Design -Build Firm for the prompt removal and
replacement of any personnel employed or retained by the Design -Build Firm, or any or
Sub -Design -Build Firm engaged by the Design -Build Firm to provide and perform services
or Work pursuant to the requirements of the Contract Documents. The Design -Build Firm
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 Design -Build Firm agrees that
the removal of any of its employees does not require the termination or demotion of
employee(s).
62. Substantial Completion and Punch List
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and 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 Project Manager and the Design -
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Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form
shall not relieve the Design -Build Firm from its obligation to complete the Project.
When the Design -Build Firm believes that the Work is substantially complete, the Design -
Build Firm shall request in writing that the Project Manager inspect the Work to determine if
Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Design -Build Firm 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 request for Substantial Completion Inspection shall include a written certification that:
• Design Criteria Package has been reviewed.
• Work has been inspected by the Design -Build Firm for compliance with the
Design Criteria.
• Work has been completed in accordance with the Design Criteria
• Equipment and systems have been tested in the presence of the Project
Manager and/or other City representatives and are operational.
• Work is completed and ready for Substantial Completion inspection.
The Project Manager shall schedule the date and time for any inspection and notify the
Design -Build Firm 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 inadvertent omission of any item from the Punch List shall not relieve the
Design -Build Firm from its obligations as detailed in the Design Criteria Package and the
Contract. The Punch List shall be signed by the Project Manager, and the Design -Build
Firm confirming that the Punch List contains the item(s) necessary to complete the Work.
The failure or refusal of the Design -Build Firm to sign the Project Substantial Completion
Inspection Form or Punch List shall not relieve the Design -Build Firm 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 Project Manager shall
indicate that the Work is substantially complete subject to completion of the Punch List.
Where the Project Manager determines, on the appropriate form that the Work is not
substantially complete, the Project Manager shall provide a list of all open items necessary
to achieve Substantial Completion. Upon completion of such Work, the Design -Build Firm
shall request another Substantial Completion inspection.
The Project Manager and the Design -Build Firm shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
The City will prepare a Certificate of Substantial Completion in the form which 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 Design -Build Firm 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.
63. Acceptance and Final Payment
Upon receipt of written notice from Design -Build Firm that the Work is ready for final
inspection and acceptance, Project Manager and/or Consultant shall, within ten (10)
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calendar days, make an inspection thereof. If Project Manager and/or Consultant find 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 ProJect
Manager, stating 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, Design -Build Firm shall deliver to the
Project Manager a final release of all liens arising out of the Contract Documents, receipts
in full in lieu thereof; an affidavit certifying that all suppliers, Subconsultants, 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. Design -Build Firm shall deliver the written Design -Build Firm'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 Design -Build Firm, and Project Manager so certifies, City shall,
upon such certification, and without terminating the Contract, 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 Design -Build
Firm, except those previously made in strict accordance with the provisions of the Contract
and identified by Design -Build Firm as unsettled at the time of the application for final
payment.
Upon the receipt of all documentation, resolution of any outstanding issues and issuance of
final payment, the Project Manager shall notify the Design -Build Firm in writing of the
closeout of the Project.
64. NDPES Requirements
Design -Build Firm 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 Bid prices. 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.f1.us/water/stormwater/npdes/. Design -Build Firm is responsible for
obtaining, completing and paying for any required NPDES application or permits that may
be required.
65. Force Majeure
Should any failure to perform on the part of Design -Build Firm be due to a condition of force
majeure as that term is interpreted under Florida law, and then the City may allow an
extension of time reasonably commensurate with the cause of such failure to perform or
cure?
If the Design -Build Firm is delayed in performing any obligation under the Contract
Documents due to a force majeure condition, the Design -Build Firm shall request a time
extension from the City within two (2) working 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 Design -Build Firm 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 Sub -Design -Build Firms.
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66. Extension of Time
Any reference in this section to the Design -Build Firm shall be deemed to include
materialmen, suppliers, laborers, Subconsultant and Subcontractor Firms, whether or not in
privity of contract with the Design -Build Firm for the purpose of this article.
If the Design -Build Firm 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:
The cause of the delay arises after issuance of the NTP and could not have
been anticipated by the Design -Build Firm by reasonable investigation before
proceeding with the Work;
The Design -Build Firm demonstrates that the completion of the Work will be
actually and necessarily delayed;
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 Project Manager determines that any information provided by the Design -
Build Firm 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 Project Manager will not
rescind or shorten any extension previously granted if the Design -Build Firm 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
Design -Build Firm.
The request for an Excusable Delay shall be made within ten (10) calendar days after the
time when the Design -Build Firm 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 Project Manager may require the Design -
Build Firm to furnish such additional information or documentation, as the Project Manager
shall reasonably deem necessary or helpful in considering the requested extension.
The Design -Build Firm shall not be entitled to an extension of time unless the Design -Build
Firm affirmatively demonstrates that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Design -Build Firm's
request for Excusable Delays in a reasonable period of time; however, the Design -Build
Firm shall be obligated to continue to perform the Work required regardless of whether the
Project Manager has issued a decision or whether the Design -Build Firm agrees or
disagrees with that decision.
With regard to an injunction, strike or interference of public origin which may delay the
Project, the Design -Build Firm shall promptly give the Project Manager 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.
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The permitting of the Design -Build Firm 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 Design -Build Firm, the issuance of any Change Order, shall
not waiver the City's rights under the Contract, including but not limited to the assessment
of liquidated damages or declaring Design -Build Firm in default.
67. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Design -Build Firm to the Project Manager within ten (10) business 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 documentation shall be provided unless the Project Manager allows an
additional period of time to ascertain more accurate data in support of the claim and such
notice shall be accompanied by Design -Build Firm's written notarized statement that the
adjustment claimed is the entire adjustment to which the Design -Build Firm has reason to
believe it is entitled as a result of the occurrence of said event. All claims for changes in the
Contract Time or Contract Price shall be determined by the Project Manager in accordance
with Article 69, Design -Build Firm's Damages for Delay hereof, if City and Design -Build
Firm 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 Design -Build Firm
if a claim is made therefore as provided in this Article. Such delays shall include, but not be
limited to, acts or neglect by any separate Design -Build Firm employed by City, fires, floods,
labor disputes, epidemics, abnormal weather conditions or acts of God.
68. Extension of Time not Cumulative
In case the Design -Build Firm shall be delayed for any period of time by two or more of the
causes mentioned in Article 70, Excusable, Delays, the Design -Build Firm shall not be
entitled to a separate extension for each one of the causes; only one period of extension
shall be granted for the delay.
69. Design -Build Firm's 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. Design -Build
Firm shall not be entitled to an increase in the Contract price or payment or compensation
of any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising 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 Design -Build Firm for actual delays due solely to fraud,
bad faith or active interference on the part of City or its Design Criteria Professional.
Otherwise, Design -Build Firm 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.
Except as may be otherwise specifically provided for in the Contract Documents, the
Design -Build Firm 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
Design -Build Firm agrees that any such claim shall be compensated solely by an extension
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of time to complete performance of the Work. In this regard, the Design -Build Firm 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.
Design -Build Firm shall not receive monetary compensation for City delay. Time extensions
may be authorized by the City in certain situations.
70. Excusable Delay, Non -Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Design -Build Firm, its
Subcontractors, Subconsultants, suppliers and vendors, and is also caused by
circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or
concurrently by Design -Build Firm or its Subcontractors, Subconsultants, suppliers or
vendors and by the City or Design Criteria Professional. Then Design -Build Firm shall be
entitled only to a time extension and no compensation for the delay.
Design -Build Firm is entitled to a time extension of the Contract time for each day the Work
is delayed due to Excusable Delay. Design -Build Firm shall document its claim for any time
extension as provided in Article 67, Notification of Claim, hereof.
Failure of Design -Build Firm to comply with Article 67, 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.
73. 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
Design -Build Firm.
74. Uncovering Finished Work
The Project Manager's, and/or Inspector's right to make inspections shall include the right
to order the Design -Build Firm to uncover or take down portions of finished Work. The
Project Manager shall notify the Design -Build Firm in writing concerning all uncovered
finished Work. Should the Work prove to be in accordance with the Contract Documents,
the uncovering or taking down and the replacing and the 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 Design -Build Firm.
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.
75. Correction of Work
Project Manager or Consultant shall have the authority to reject or disapprove Work which
Project Manager or Consultant finds to be defective. If required the Design -Build Firm shall
promptly correct all Work rejected by the Project Manager or Consultant as defective or as
failing to conform to the Contract Documents, whether observed before or after Substantial
Completion and whether or not fabricated, installed or.completed. The Design -Build Firm
shall bear all direct, indirect and consequential cost of removing and/or correcting such
rejected Work, including the cost of the City's additional services thereby made necessary.
The Design -Build Firm furtl
Manager of any Work not in
or any defects in the Work,
Design Build Services for Gibson Park
ler agrees that after being notified in writing by the Project
accordance with the requirements of the Contract Documents
the Design -Build Firm will commence and prosecute with due
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Bid No - 08-09-064
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 Project Manager, and in the event
of failure to so comply, the Design -Build Firm does hereby authorize the City to proceed to
have such Work done at the Design -Build Firm's expense and that the Design -Build Firm
will pay the cost thereof upon demand. The City shall be entitled to all costs, including
reasonable attorneys' fees, necessarily incurred upon the Design -Build Firm'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 Design -Build Firm's expense, without prior notice,
all Work necessary to correct such hazardous condition when it was caused by Work of the
Design -Build Firm 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 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 Design -Build
Firm 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.
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.
76. Maintenance of Traffic and Public Streets
Scope of Work
The Design -Build Firm 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 Design -Build Firm's Bid.
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), FDOT Roadway and Bridge Standard Index Drawing Book), permits or
data. The Design -Build Firm 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.
Maintenance of Traffic (MOT)
The Design -Build Firm shall be fully responsible for the MOT on public streets,
detour of traffic (including furnishing and maintaining regulatory and informative
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 according to 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 Project Manager or Consultant, the Design -Build Firm shall make
arrangements for the employment of uniformed off-duty policemen 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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77
The Design -Build Firm 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 Design -Build
Firm 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 Design -
Build Firm shall provide necessary access to all adjacent property during
construction.
The Design -Build Firm 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 Design -Build Firm shall be
responsible for providing the Project Manager 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 Design -Build Firm 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), 48 hours
prior to any excavation. Any loop detector which 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 (Phone No. 305-592-3470).
Where applicable, the Design -Build Firm shall notify the Traffic Division 24 hours in
advance of the construction date or 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.
Maintenance of Traffic for BVP2SS Pumpinq
The Design -Build Firm shall take appropriate steps to ensure that all temporary
pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic.
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 weeks prior to planned
construction, with a minimum 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 lam to 9am and 4pm to
6pm weekdays.
Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the
plans. However, City does not guarantee that all lines are shown, or that the ones indicated
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are in their true location. It shall be the Design -Build Firm'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 Design -Build Firm because of discrepancies in
actual and plan location of utilities, and damages suffered as a result thereof.
The Design -Build Firm 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 Design -Build Firm shall be paid by the Design -Build Firm. All charges by utility
companies for temporary support of its utilities shall be paid for by the Design -Build Firm.
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 Design -Build Firm for
utility relocations, whether or not said relocation is necessary to avoid conflict with other
fines.
The Design -Build Firm shall schedule the Work in such a manner that the Work is not
delayed by the utility providers relocating or supporting their utilities. The Design -Build Firm
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 Design -Build Firm 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 Design -Build Firm. All such repairs made by the Design -Build Firm 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
78. Stop Work Order
The City may, at any time, by written order to the Design -Build Firm, require the Design -
Build Firm to stop all, or any part, of the Work for a period of up to ninety (90) days (or any
lesser period), commencing no sooner than the date the order is delivered to the Design -
Build Firm, and for any further period to which 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) days (or the lesser period specified) after a Stop Work Order is
delivered to the Design -Build Firm, or within any extension to which the parties have agreed
the City shall either:
■ Cancel the Stop Work Order; or
19 Terminate the Work covered by such order as provided in Article 88,
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 Design -Build Firm shall resume the Work without
compensation to the Design -Build Firm for such suspension other than extending the time
for Substantial Completion to the extent that, in the opinion of the Project Manger, the
Design -Build Firm may have been delayed by such suspension. In the event the Project
Manger or Consultant determines that the suspension of Work was necessary due to
Design -Build Firm's defective or incorrect Work, unsafe Work conditions caused by the
Design -Build Firm or any other reason caused by Design -Build Firm's fault or omission, the
Design -Build Firm shall not be entitled to an extension of time as a result of the issuance of
a Stop Work Order.
79. Hurricane Preparedness
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81.
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Design -Build Firm, 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 Project Manager 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 Design -Build Firm to
additional Contract time as non -compensable, excusable delay, and shall not give rise to a
claim for compensable delay.
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(s). 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, Design -Build Firm shall be entitled to reasonable extra
compensation, or reasonable extension of time or both, as determined by Project Manager.
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 Design -Build Firm in writing at least thirty (30) calendar days
prior to City's intended occupancy of a designated area.
■ Design -Build Firm shall complete to
designated area and request inspection
Completion from Project Manager.
the point of Substantial Completion the
and issuance of a Certificate of Substantial
■ Upon Project Manager'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's and start of warranty for the
occupied area.
■ Design -Build Firm shall complete all items noted on the Certificate of Substantial
Completion within the time specified by Project Manager 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, Project Manager 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 Design -Build Firm 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 Design -Build Firm and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld.
Cleaning Up; City's Right to Clean Up
Design -Build Firm shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its operations. During construction, the Design -Build Firm
shall sprinkle with water, sweep and use other means to eliminate dust annoyance to
adjacent properties. At the completion of a Project(s), Design -Build Firm shall remove all its
waste materials and rubbish from and about the Project(s) as well as its tools, construction
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equipment, machinery and surplus materials. If Design -Build Firm 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 Design -Build Firm. If a dispute arises between Design -Build
Firm and separate Design -Build Firms as to their responsibility for cleaning up, City may
clean up and charge the cost thereof to the Design -Build Firms responsible therefore as the
Project Manager and/or Consultant shall determine to be just. All combustible waste
materials shall be removed from the Project(s) at the end of each day. Cleaning operations
should be controlled to limit dust and other particles adhering to existing surfaces.
82. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever, Design -
Build Firm, if notified to do so by City, shall promptly remove any part or all of Design -Build
Firm's equipment and supplies from the property of City. If the Design -Build Firm does not
comply with City's order, the City shall have the right to remove such equipment and
supplies at the expense of Design -Build Firm.
83. Set -offs, Withholdings, and Deductions
The City may set-off, deduct or withhold from any payment due the Design -Build Firm, 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 Design -Build Firm to the City.
The City shall notify the Design -Build Firm in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the Design -
Build Firm in accordance with the Local Government Prompt Payment Act
84. Event of Default
An event of default shall mean a breach of the Contract or by the Design -Build Firm.
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, the following:
• The Design -Build Firm has not performed the Work in a timely manner;
• The Design -Build Firm 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;
• The Design -Build Firm has failed to make prompt payment to Subcontractor,
Subconsultant or suppliers for any services or materials they have provided;
• The Design -Build Firm has become insolvent or has assigned the proceeds
received for the benefit of the Design -Build Firm's creditors, or the Design -Build
Firm has taken advantage of any insolvency statute or debtor/creditor law or if the
Design -Build Firm's affairs have been put in the hands of a receiver;
• The Design -Build Firm has failed to obtain the approval of the City where required
by the Contract;
• The Design -Build Firm has failed in the representation of any warranties stated
herein;
• When, in the opinion of the City, reasonable grounds for uncertainty exist with
respect to the Design -Build Firm's ability to perform the Work, the City shall notify
the Design -Build Firm 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 Design -Build Firm's ability to perform in accordance with the terms
of the Contract Documents. In the event that the Design -Build Firm fails to
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provide to the City the requested assurances within the prescribed time frame, the
City may:
c Treat such failure as a repudiation of the Contract and/or;
o 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.
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.
Where the City erroneously terminates the Contract or for default, the terminations
shall be converted to a Termination for Convenience, and the Design -Build Firm
shall have no further recourse of any nature for wrongful termination.
85. Notice of Default -Opportunity to Cure
In the event that the City determines that the Design -Build Firm is in default of their
obligations under the Contract, the City may at its sole discretion notify the Design -Build
Firm, specifying the basis for such default, and advising the Design -Build Firm that such
default must be cured within a specified time frame or the Contract with the City may be
terminated. The City is under no obligation to issue such notification. 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 Design -Build Firm and any such
costs incurred will be deducted from any sums due the Design -Build Firm under any
contract with the City.
86. Termination for Default
If Design -Build Firm fails to comply with any term or condition of the Contract Documents,
or fails to perform any of its obligations hereunder, then Design -Build Firm 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 Design -Build
Firm, terminate this Contract whereupon any advances for which Work has not been
performed, paid by the City to Design -Build Firm while Design -Build Firm 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. Design -Build Firm understands and agrees that termination of this Contract
under this Article shall not release Design -Build Firm from any obligation accruing prior to
the effective date of termination. Upon Termination for Default and the City fully satisfying
all of its obligations under this Contract the City shall have full use of the Work Product in
connection with the City's completion and occupancy of the Project.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
Design -Build Firm fails to obtain the insurance or bonding herein required by the
Contract.
Design -Build Firm fails to comply with any of its
Documents, with any terms or conditions set forth it
specified period allowed to cure such default.
Design -Build Firm fails to commence the Work within
contemplated herein, or fails to complete the Work in
by the Contract.
duties under the Contract
this Contract, beyond any
the timeframes provided or
a timely manner as required
Where it has been determined that the Design -Build Firm has been erroneously terminated
under this Article, such termination shall be deemed to have been occurred under Article
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88, Termination for Convenience. The City in its sole discretion may terminate the Contract
without providing the Design -Build Firm a written notice to cure.
87. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm's failure to
remove such items from the Project(s) site(s) as required.
The Design -Build Firm shall also remain liable for any liabilities and claims related to the
Design -Build Firm's default.
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction
88. 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 Design -Build Firm. Such Written Notice shall state the date upon which
Design -Build Firm shall cease all Work under the Contract and vacate the Project(s) site(s).
The Design -Build Firm shall, upon receipt of such notice, unless otherwise directed by the
City:
• Stop all Work on the Project(s) 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
Design -Build Firm 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 Design -Build Firm:
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the
portion of the Project(s) 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
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specifically fabricated for the sole purpose of the Contract but not incorporated in
the Work; and
• To the extent practical, the fair and reasonable value shall be based on the price
established as a result 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 Design -
Build Firm.
• All payments pursuant to this Article shall be accepted by the Design -Build Firm in
full satisfaction of all claims against the City arising out of the termination
including, Further, the City may deduct or set off against any sums due and
payable under this Article any claims it may have against the Design -Build Firm.
• Design -Build Firm 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 Design -Build Firm under this Article,
the Design -Build Firm grants the City full use of the Work and any Work Product to
complete the Project and subsequently occupy the Project.
89. Resolution of Disputes
Design -Build Firm understands and agrees that all disputes between it and the City based
upon an alleged violation of the terms of this Contract by the City shall be submitted for
resolution in the following manner.
The initial step shall be for the Design -Build Firm to notify the Project Manager in writing of
the claim or dispute and submit a copy to the City of Miami personnel identified in Article 4,
Notices.
Should the Design -Build Firm and the Project Manager fail to resolve the dispute the
Design -Build Firm shall submit their dispute in writing, with all supporting documentation, to
the Assistant Director -Contracts, as identified in Article 4, Notices. Upon receipt of said
notification the Assistant Director -Contracts shall review the issues relative to the claim or
dispute and issue a written finding.
Should the Design -Build Firm and the Assistant Director -Contracts fail to resolve the
dispute the Design -Build Firm shall submit their dispute in writing within five (5) calendar
days to the Director. Failure to submit such appeal of the written finding shall constitute
acceptance of the finding by the Design -Build Firm. Upon receipt of said notification the
Director shall review the issues relative to the claim or dispute and issue a written finding.
Design -Build Firm must submit any further appeal 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 Design -Build Firm. Appeal to the City Manager for his/her
resolution, is required prior to Design -Build Firm being entitled to seek judicial relief in
connection therewith. Should the amount of compensation hereunder exceed $100,000, the
City Manager's decision shall be approved or disapproved by the City Commission.
Design -Build Firm 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) days has expired after submitting to the City Manager a
detailed statement of the dispute, accompanied by all supporting documentation, or
a period of (90) days has expired where City Manager's decision is subject to City
Commission for approval; or
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Bid No • n8-nc)_nna
(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. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said party fails to
comply in strict accordance with the requirements of this Article.
90. 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(s), and/or following the completion of the Project(s),
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 Design -Build Firm agrees
to include such similar contract provisions with all Sub -Design -Build Firms 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.
91. 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.
92. Permits, Licenses and Impact Fees
Pursuant to the Public Bid Disclosure Act, each license, permit or fee REQUIRED BY THE
CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is
waived as follows:
City's Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech.,
Plumbing, Elec., & Fire) are waived. Any other permit fees not directly related to
the actual construction of the Project(s) (i.e. Permits for dumpsters, job trailers)
are not waived"... "Licenses, permits and fees which may be required by Miami -
Dade County, the State of Florida, or other governmental entities are not
waivable."
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
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Design Build Services for Gibson Park
Bid No.: 08-09-064
1A
0119
95.
of the Work undertaken by Design -Build Firm pursuant to the Contract Documents shall be
secured and paid for by Design -Build Firm. It is Design -Build Firm'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(s) for whom a Certificate of Competency is required.
Impact fees levied by the City and/or Miami -Dade County shall be paid by Design -Build
Firm, Design -Build Firm shall be reimbursed only for the actual amount of the impact fee
levied by the municipality as evidenced by an invoice or other acceptable documentation
issued by the municipality. Reimbursement to Design -Build Firm in no event shall include
profit or overhead of Design -Build Firm.
Compliance with Applicable Laws
The Design -Build Firm shall comply with all applicable laws, regulations, building and
construction codes of the Federal government, the State of Florida, the County, and the
City.
The attention of the Design -Build Firm 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 Design -Build Firm and Sub -Design -Build Firm doing business anywhere in
the City.
Independent Design -Build Firm
The Design -Build Firm is engaged as an independent business and agrees to perform Work
as an independent Design -Build Firm. In accordance with the status of an independent
Design -Build Firm, the Design -Build Firm covenants and agrees that the Design -Build Firm
will conduct business in a manner consistent with that status, that the Design -Build Firm 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 Design -Build Firm's staff shall not be employees of the City, and the Design -Build Firm
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 Design -Build Firm's acts, omissions, liabilities or obligations of those of any
person, firm, company, agency association, corporation, or organization engaged by the
Design -Build Firm as a Subcontractors, Subconsultants, expert, consultant, independent
Design -Build Firms, 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 Design -Build Firm hereby
agrees to indemnify and hold harmless the City against any such liabilities, even if they
arise from actions directed or taken by the City.
Third Party Beneficiaries
Neither Design -Build Firm 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.
Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Design -Build Firm without the written consent of the
City. It is understood that a sale of the majority of the stock or partnership shares of the
ss
Design Build Services for Gibson Park
Rid Nn • nR_na_nAA
'y5A
100.
101
Design -Build Firm, 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 nullify this Contract.
Any assignment without the City's consent shall be null and void. The Design -Build Firm
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.
The Design -Build Firm 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 ail
covenants of this Contract.
Materiality and Waiver of Breach
City and Design -Build Firm agree that each requirement, duty, and obligation set forth in
this 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,
Severability
In the event the any provision of the 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.
Applicable Law and Venue of Litigation
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
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, Director or designee.
Entire Contract
The Contract Documents, as they may be amended from time to time, represent the entire
and integrated Contract between the City and the Design -Build Firm 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
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Design Build Services for Gibson Park
Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
102. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
Design -Build Firm 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 Contract.
Design -Build Firm 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, Design -Build Firm shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons.
Design -Build Firm'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.
In the event of noncompliance by Design -Build Firm, Subconsultant or Subcontractor,
payment may be withheld or the contract may be canceled in whole or in part.
Design -Build Firm has an EEO policy that prohibits discrimination and provides for
affirmative action in employment practices. The Design -Build Firm shall adopt the
following statement as his operating policy:
"it is the policy of this company to assure that applicants are employed, and that employees
are treated during employment, without regard to their race, religion, sex, color, national
origin, age, or disability. Such action shall include: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship, pre -
apprenticeship, and/or on-the-job training."
Design -Build Firm agrees to apply a good faith effort to eliminate past and present
discrimination and to ensure that future discriminatory practices do not occur.
Design -Build Firm will have a designated EEO Officer who has the responsibility and
authority to administer the contractor's EEO program.
All of the contractor's employees who have an active role in the hiring, supervision, or
advancement of employees shall be made aware of and instructed to implement the EEO
policy. In addition, employees, including applicants and potential employees, will be
informed of the contractor's EEO policy through posted notices, posters, handbooks, and
employee meetings.
The Design -Build Firm shall not discriminate in his recruitment practices and should make
an effort to identify sources of potential minority and women employees.
Design -Build Firm is required to periodically review project sites, wages, personnel actions,
etc., for evidence of discriminatory treatment, The Design -Build Firm is to promptly
investigate all alleged discrimination complaints.
Design -Build Firm is required to advise employees and applicants of training programs
available and to assist in the improvement of the skills of minorities, women, and applicants,
through such programs.
The EEO policy also pertains to Contractor's selection of subcontractors, including material
suppliers and equipment leasing companies.
103. Evaluation
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Bid No.: 08-09-064
Design -Build Firm acknowledges that upon completion of the 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 Design -Build Firm. The performance evaluations
will be kept in City files for evaluation on future solicitations.
104. 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.
105. 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.
106. 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 Design -Build Firm, continue until completion at the same prices, terms and
conditions.
107. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Design -Build Firm which relate in any way to the Project(s), and to any claim for
additional compensation made by Design -Build Firm, and to conduct an audit of the
financial and accounting records of Design -Build Firm which relate to a Project(s) and to
any claim for additional compensation made by Design -Build Firm 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 Design -Build Firm shall retain and
make available to City all such books and records and accounts, financial or otherwise,
which relate to the Project(s) and to any claim for a period of five (5) years following Final
Completion of the Project(s).
The Design -Build Firm agrees to maintain an accounting system that provides for
accounting records that are supported with adequate documentation and adequate
procedures for determining allowable costs.
Design -Build Firms shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
108, No Interest
Any monies not paid by City when claimed to be due to Design -Build Firm 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.
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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.
109. 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(s) with respect to defective Work, equipment
or materials which may be identified by the Project Manager.
The City may deduct from any payment due the Design -Build Firm an amount equal to its
cost incurred on account of the Design -Build Firm's failure to fully perform its obligations
under the Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give
the Design -Build Firm notice of the defective Work, equipment or material and the basis for
the withholding or deduction.
Upon the Project Manager's determination that the Design -Build Firm has fulfilled its
obligations, the City will pay the Design -Build Firm any monies owed, subject to Design -
Build Firm's submission of, or compliance with, any remaining documentation or obligation,
as the case may be, in accordance with the Contract Documents
110. Consent of City Required for Subletting or Assignment
If the Design -Build Firm assigns, transfers, sublets or otherwise disposes of the Contract or
its right, title or interest in or to the same 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 Design -Build Firm to assign monies due to, or to become due or be
construed to hinder, prevent or affect any assignment by the Design -Build Firm for the
benefit of its creditors, made pursuant to applicable law.
111. Agreement Limiting Time in Which to Bring Action Against the City
In the event the Design -Build Firm may be deemed to have a cause of action against the
City, no action shall lie or be maintained by the Design -Build Firm 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.
112. 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 expressly provided herein, the Design -Build Firm shall diligently
render to the City, after additional compensation is mutually agreed upon, any and all
assistance which the City may require of the Design -Build Firm.
113. 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 regulations, upon thirty (30) days
notice.
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114. MutualOblicgations
This document, change order, field directive, and written clarifications issued under the
Contract, and the Design -Build Firm'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
Design -Build Firm, 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 Design -Build Firm fails to diligently defend such claim, and
thereafter seek indemnity for such cost from the Design -Build Firm.
115. 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
Design -Build Firms in writing of such extensions.
116. 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 Design -Build Firm, or perform the Work with its own employees.
117. Nature of the Contract
The Design -Build Firm shall provide the services set forth in the Contract Documents. The
Design -Build Firm shall provide full and prompt cooperation with the City in all aspects of
the Work to be performed.
The Design -Build Firm acknowledges that the Contract Documents require the performance
of all things necessary for or incidental to the effective management and performance of a
Project(s). All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Design -Build Firm
shall perform the same as though they were specifically mentioned, described and
delineated.
The Design -Build Firm 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.
118. Contract Documents Contains 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.
119. Applicable Law and Venue of Litigation
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
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conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
120. Survlval
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
Design -Build Firm and the City under the Contract, which by nature would continue beyond
the termination, cancellation or expiration thereof, shall survive termination, cancellation or
expiration thereof.
121. Joint Preparation
Preparation of this Contract has been a joint effort of the City and Design -Build Firm 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.
122. Nondisclosure
To the extent allowed by law, Design -Build Firm agrees not to divulge, furnish or make
available to any third person, firm or organization, without Director or designee's prior
written consent, or unless incident to the proper performance of the Design -Build Firm's
obligations hereunder, or in the course of judicial or legislative proceedings where such
information has been properly subpoenaed, any non-public information concerning the
services to be rendered by Design -Build Firm hereunder, and Design -Build Firm shall
require all of its employees, agents, Subconsultants and Subcontractors to comply with the
provisions of this paragraph.
Design Build Services for Gibson Park
Bid No.: 08-09-064
Section 2 - Supplemental Terms and Conditions
1. Scope of Work
The Scope of Work includes, but is not limited to the Design -Build Firm providing design
and construction services for the renovation of Gibson Park in accordance with the Design
Criteria Package. Gibson Park is located at 401 NW 12t`' Street, Miami, Florida.
Design -Build Firm shall, consistent with applicable state licensing laws, provide through
qualified, licensed design professionals employed by Design -Build Firm, 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 Design -Build Firm 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 Design -Build Firm.
2. Design Criteria Package Review
The Work shall be performed in accordance with the Design Criteria Package (DCP). The
Design -Build Firm shall verify and review the DCP and shall notify the Project Manager and
Consultant, in writing, of all errors, omissions, conflicts and discrepancies found therein.
Failure to discover or correct errors, conflicts or discrepancies shall not relieve the Design -
Build Firm of full responsibility for unsatisfactory Work, faulty construction or improper
operation resulting therefrom, or from rectifying such conditions at his own expense.
All schedules are given for the convenience of the Design -Build Firm and are not
guaranteed to be complete. The Design -Build Firm shall assume all responsibility for the
making of estimates of the size, kind, and quantity of materials and equipment included in
the Work to be done under this Contract as well as all time estimates for sequencing and
completing the Work.
The apparent silence of the DCP 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 the best general practice is to prevail and that only material
and workmanship of the best quality is to be used, and interpretation of the DCP shall be
made upon that basis.
3. LEED Certification
The intent is to design and construct a Project that promotes environmental quality,
economic vitality and creates an environment that provides the highest level possible of
operational efficiency. This should be accomplished through energy, water, and materials
efficiency that provides a healthy, productive and comfortable park environment with long-
term benefits. The Design Build Firm will incorporate in both the design and construction
the requirements for the Project to obtain a LEED Silver rating. The requirements are to be
based on the Federal Leadership in High Performance and Sustainable Buildings
Memorandum of Understanding's five Guiding Principles, which are:
I. Employing integrated design;
II. Optimizing energy performance;
Ill. Protecting and conserving water;
IV. Enhancing indoor environmental quality; and
V. Reducing the environmental impact of materials.
Design and construction must be to the most current LEEDS Silver rating requirements in
effect at time of design of the Project.
Work included as part of the LEEDS certification includes, but is not limited to;
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I . Design -Build Firm must use the IDP during the entire design process, which
includes the use a collaborative, integrated planning and design process consistent
with ASTM E 2348, Standard Guide for Framework for a Consensus -based
Environmental Decision making Process.
2. An individual must be selected to lead the commissioning efforts for the Project. For
this prerequisite, this person may be a third party or a qualified person from the
Design -Build Firm. If a member of the Design -Build Firm is chosen, he or she must
not be directly involved in the design or construction management, and must report
directly to the City. The City will not directly engage an independent commissioning
authority for the purpose of obtaining additional commissioning points.
3. Identify priority areas for obtaining rating
4. Establish a Energy Efficiency Measures Checklist
5. Track, collect, assemble, and submit documentation to LEED certification entity to
obtain LEED rating approval. Responsible for obtaining all information and
documentation to substantiate the rating. For example; obtain all information on
recycled materials disposed of and recycled content used in construction to
determine the overall percentage of recycled content used on the Project.
6. Responsible for commissioning (verify the commissioning" plan to confirm that the
building system is designed, installed and tested to perform in conformance with the
design intent, the City's operational needs, and the Contract Documents), Fees for
registration (reimbursable expense), and managing the certification review process.
7. Delays or changes in design and construction required to meet the LEED Silver
rating will not be considered Excusable Delays nor will the costs be compensable.
8. Create a LEED checklist to be used during construction.
9. Identify trades off, including but not limited to'
a. Cost benefits of different approaches to obtaining rating
b. Construction costs versus savings projected on an annual basis
c.LCC analysis to determine when breakeven point occurs
10. A LEED Analysis Report (Report) shall be generated by the Design -Build, (at
intervals indicated below), and shall include the following:
a. Version of LEED being used for the analysis.
b. Explanation of each LEED point attained by the Project design.
c. Total LEED numerical score and equivalent rating level for the Project.
d. Statement signed by a Florida licensed architect or engineer that in their
professional opinion the above three items provide an accurate estimate of the
LEED score and rating that could be attained by the Project.
Design -Build Firm shall submit the Report as follows:
a. The initial Report as part of the Schematic Design phase submittals
b. An updated Report as part of the Design Development submittals:
c. Final LEEDS Analysis Report with 100% Construction Document submittals
d. Monthly report during construction identifying all LEED related Work performed
during the month. Report will correspond to the LEED checklist. Said report is
to be submitted with the monthly payment application.
11. Create a re -commissioning management manual — In addition to the traditional O&M
manual, the Additional Commissioning credit requires the commissioning authority
to create a re -commissioning management manual. The LEED TM Reference Guide
Version 2.0 lists the components that must be included in this manual, such as as -
Design Build Services for Gibson Park
Rid
Rid Nn • na-no nFe
built sequences of operation for all equipment, descriptions of energy and water
saving features.
Design -Build Firm shall conduct a post occupancy review ten (10) months after the
completion of the construction of the Project to review and inspect the Project for warranty
issues. This task includes, but is not limited to; both a review of current operation to identify
any potential warranty related problems before the typical 12 month warranty expiration,
and an interview with building and facility operating staff to identify their concerns.
Design -Build Firm or Commissioning Authority shall create a re -commissioning
management manual ("Manual") in addition to the traditional O&M manuals LEEDTII
Reference Guide Version 2.0, or latest update, lists the components that must be included
in this manual, such as as -built sequences of operation for all equipment, descriptions of
energy and water saving features, seasonal start-up and shut down procedures, a list of
diagnostic tools, etc. This Manual is intended to provide the City with in-depth tools and
strategies for keeping the building running in optimal condition.
4. Contract Time
The Design -Build Firm shall furnish al labor, materials, equipment, tools, services, and
incidentals to complete all Work required by the Design Criteria at a rate of progress that
will ensure completion of the Work within the Contract Time.
Design -Build Firm shall have (TBD) calendar days to achieve Substantial Completion from
the date of the Notice to Proceed is issued. Design -Build Firm shall have an additional 60
calendar days for Final Completion of the Contract. The Work shall commence within ten
(10) calendar days of Design -Build Firm's receipt of the Notice to Proceed unless the
parties mutually agree otherwise in writing.
5. Contract Price
The City shall pay the Design -Build Firm in accordance with Article 3 of the Supplemental
Terms and Conditions of the Contract the lump sum of (value of Contract) dollars
($XXX.XX), 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. Upon final
completion of the Project should the Project not be able to obtain a LEED Silver rating, and
the deficiencies cannot be correct to obtain said rating the City shall deduct 5% of the cost
of the Project.
6. Progress Payments
Design -Build Firm may make application for payment for Work completed during the
Project(s) at intervals of not more than once a month or upon completion and Final
Acceptance of the Work. All applications shall be submitted in triplicate and the Design -
Build Firm shall only use the City's Design -Build Firm 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 Design -Build Firm 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 Article 4 of
the Supplemental Terms and Conditions 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 Project Manager or Consultant. Each application for
payment shall be submitted in triplicate for approval. City shall make payment to Design -
Build Firm within thirty (30) days after approval of besign-Build Firm's application for
payment.
Ten percent (10%) of all monies earned by Design -Build Firm shall be retained by City until
Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit
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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.
• Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Design -Build Firm or City because of Design -Build Firm's
performance.
■ Failure of Design -Build Firm to make payments properly to Subcontractor,
Subconsultant, or for material or labor.
■ Damage to another Design -Build Firm not remedied.
■ Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
■ Failure of Design -Build Firm to provide any and all documents required by the
Contract Documents.
The City will pay, and the Design -Build Firm shall accept as full compensation for the Work,
the sums specified in the Design -Build Firm's submittal to the Contract Documents, as
accepted by the City.
Design -Build Firm may be paid for materials or equipment purchased and stored at the
Project(s) Site(s) or another location. Where a payment request is made for materials or
equipment not incorporated in the Project(s), 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
Design -Build Firm 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.
Design -Build Firm retains sole liability to replace such stored materials or equipment as a
result of damage or loss for any reason
Requests for payment that do not include the updated Project Schedule and required LEED
submittals and/or reports will not be processed for payment.
7. Liquidates( Damages
The Design -Build Firm is obligated and guarantees to complete the Project in the time set
forth in the Contract Documents or any approved extension of time the Design -Build Firm
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
Design -Build Firm shall pay to the City for each and every calendar day of unexcused
delay, the sum of one thousand dollars ($1,000.00) 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 Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm under any contract the
Design -Build Firm 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 Design -
Build Firm shall pay the difference upon demand by the City. Should the Design -Build Firm
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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.
Upon final completion of the Project should the Project not be able to obtain a LEED Silver
rating, and the deficiencies cannot be corrected to obtain said rating, the City shall deduct
as Liquidated Damages 5% of the cost of the Project to offset the increased cost of
materials used in the effort to meet the LEED Silver rating.
The City shall notify the Design -Build Firm that it is incurring liquidated damages.
8. Schedule of Values
The Design -Build Firm must submit three copies of a Schedule of Values, which must be
submitted within ten (10) calendar days of the issuance of the Notice of Award. The
Schedule of Values shall indicate a complete breakdown of labor and material of all
categories of Work on the Project. Design -Build Firm'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 section or major components of the items. The Project Manager or Consultant
may require further breakdown after review of the Design -Build Firm's submittal The City
reserves the right to require such information from the Design -Build Firm as may be
necessary to determine the accuracy of the Schedule of Values. The combined total value
for mobilization under the Schedules of Values shall not exceed 5% of the value of the
Contract.
The approved schedule of values shall be updated through the submittal of the City's
Design -Build Firm Payment Application Form.
9. Project Schedules
Design -Build Firm shall submit a proposed design -build Project schedule, with any sub -
schedules of related activities that are essential to its progress, within ten (10) working days
of the Notice of Award and such submittal shall be subject to the Project Manager and
Consultant's review, comment, and acceptance. Subsequent to such review of said
schedule the Design -Build Firm shall establish said schedule as the baseline schedule.
All Project Schedules shall be prepared in Microsoft Project 2003 or earlier unless
otherwise approved by the Project Manager. At the time of submission of schedules
Design -Build Firm shall submit a hard copy as well as an electronic version. Such
electronic version shall not be submitted in a .pdf format and shall be capable of being
incorporated in to the City's baseline schedules. Maximum sheet size shall be 24 x 36 -
inches.
The design build 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.
A. Content of Schedules; show or indicate the following:
1. Complete sequence of design by activity reflecting the Subconsultant
responsible for the activity.
2. Complete sequence of construction by activity reflecting the Design -Build Firm or
Subcontractor responsible for each activity
3. Dates for the beginning and completion of each major element of design and
construction in no more than a two-week incremental scale.
4. Items of work that must be accomplished to achieve substantial completion.
a. Major disciplines or trades of work
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b. Filter downtime
c. Time required for Design -Build Firm's submittals, fabrication and deliveries.
d. Time required by Design -Build Firm and the City to review all submittals.
e. Time required by City to support any pre -operational and start-up testing.
f. Time required for the relocation of utilities, if required.
g. Activities performed by Design -Build Firm.
5. Percentage of completion for each item as of the date the schedule was
prepared.
6. Dates for Design -Build Firm's submittals.
7. Dates for any required City -furnished materials or equipment.
8. Dates accepted submittals will be required from the City.
In addition the Design -Build Firm shall provide:
Provide a list of all long lead items and their anticipated dates of delivery
(equipment, materials, etc.) Monthly updates shall reflect actual versus
projected, and any revised projections
Provide a projected dollar cash flow spend down for each month of construction.
Monthly updates shall reflect any change orders as well as actual versus
projected, and any revised projections.
All updates of schedules shall be tracked against the baseline schedule and shall be at a
minimum submitted with each pay application together with any updates to the long lead
items list and the dollar cash flow spend down- An updated schedule against the baseline
shall also be submitted upon execution of each change order that impacts the Contract
Documents 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 Design -Build Firm shall
establish the reviewed schedule as the "baseline schedule". Design -Build Firm shall then
prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft
Project.
10. Release of Liens/Subcontractor's Statement of Satisfaction
The Design -Build Firm warrants and guarantees that title to all Work, materials and
equipment covered by an application for payment, whether incorporated in the Project(s) or
not, will pass to the City upon the receipt of such payment by the Design -Build Firm, free
and clear of all liens, claims, security interests or encumbrances and that no Work,
materials or equipment will have been acquired by the Design -Build Firm or by any other
person performing Work at the site or furnishing materials and equipment for the Project(s),
subject to an agreement under which an interest therein or an encumbrance thereon is
retained by the seller or otherwise imposed by the Design -Build Firm or such other person.
The Design -Build Firm shall, beginning with the second request for payment, attach a
Partial Release of Lien/Subcontractor, Subconsultant 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,
Subconsultant where no release of lien has been submitted. The Design -Build Firm shall
submit with the final payment request, for any Project(s) where Subcontractor, and/or
Subconsultant have performed Work, a Final Release of Lien/Subcontractor, Subconsultant
Statement of Satisfaction for each Subcontractor, Subconsultant 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, and/or
Subconsultant claims.
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Where the Design -Build Firm has submitted a Performance/Payment Bond the Design -
Build Firm may, in lieu of the Release of Lien/Subcontractor, Subconsultant Statement of
Satisfaction, submit Consent of Surety to Requisition Payment.
11. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Design -Build Firm shall hold progress and coordination meetings as required by the
Project Manager or Consultant, to provide for the timely completion of the Work.
Design -Build Firm shall arrange and conduct regular bi-weekly job site Project status
meetings with the Project Manager and/or Consultant. Design -Build Firm 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, Design -Build Firm shall identify the party or
parties responsible for following up on any problems, delay items or questions, and Design -
Build Firm shall note the action to be taken by such party or parties. Design -Build Firm shall
revisit each pending item, including RFIs and Shop Drawing, at each subsequent meeting
until resolution is achieved. Design -Build Firm shall attempt to obtain from all present any
potential problems or delaying event known to them for appropriate attention and resolution.
Design -Build Firm shall be responsible for keeping minutes of the meeting and distribution
of the minutes to all parties in attendance.
The Design -Build Firm shall arrange for the participation of its Subcontractors,
Subconsultants, and/or vendors when the Project Manager requires their presence.
The Design -Build Firm shall maintain minutes of the meeting and distribute copies of the
minutes to all parties in attendance. The Design -Build Firm shall prepare and distribute to
Project Manager and the Consultant an updated two-week look -ahead schedule of
construction activities and submittals.
12. Request for Information
The Design -Build Firm shall submit a Request for Information (RFI) where the Design -Build
Firm believes that the Contract Document's specifications or drawings are unclear or
conflict. All requests must be submitted in a manner that clearly identifies the drawing
and/or specification section where clarification or interpretation is being requested. As part
of the RFI, Design -Build Firm shall include its recommendation for resolution. The Architect
and City shall respond in writing.
13. Project Site Facilities
The Design -Build Firm shall arrange for all Project(s) site facilities as maybe necessary to
enable the Project Manager or Consultant to perform their respective duties and to
accommodate any representatives of the City which the City may choose to have present at
the Project(s).
Design -Build Firm's, Sub -Design -Build Firm's, supplier's, materialmen's personnel shall not
use the City restrooms that may be available at the Project(s) site without the prior consent
of the manager of the facility or the Project Manager where there is no manager of a facility.
The Design -Build Firm 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 Design -Build Firm, 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 Design -Build Firm.
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The Design -Build Firm shall furnish an adequate supply of drinking water for its and its Sub -
Design -Build Firms' employees.
There shall be adequate provisions made by the Design -Build Firm 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 or Consultant.
14. Temporary Facilities, Utilities, and Construction
Design -Build Firm 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 Design -Build Firm shall make all arrangements with the local utility companies.
The Design -Build Firm 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.
Design -Build Firm 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 Design -Build Firm shall be required to obtain all necessary permits required for any
Project(s) site facilities and utilities. Design -Build Firm 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 Design -Build Firm and the Design -
Build Firm 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 Design -Build Firm 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 Design -Build Firm
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.
15. Project Laboratory Testing Services
The City shall provide and pay for all Project Laboratory Services to perform quality
assurance and quality control testing, except for those that may be required by regulatory
agencies, which the Design -Build Firm shall be required to provide and pay. Design -Build
Firm shall be responsible for the costs associated with all retesting due to the product or
Work failing a test. Costs for such retests shall be deducted from pending invoices.
16. 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 Design -Build Firm shall have sole responsibility for the
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security of all Work materials, tools, equipment and Work at the Project(s) site. The City
shall not be liable for any damage or loss to such materials, tools, equipment and Work and
the Design -Build Firm shall be responsible for the repair or replacement of all Work such
materials, tools, and equipment.
17. Construction Signage
Where required by the Contract Documents the Design -Build Firm shall provide
construction signage.
The City shall provide the Design -Build Firm the wording and layout for the signs at the pre -
construction conference. The Design -Build Firm shall furnish the two City signs at the
Project(s) Site(s) as follows:
• The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah,
Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet
high and constructed of pressure sensitive 2 mil cast vinyl overmounted 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.
• 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 31 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.
The Design -Build Firm 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. Design -Build Firm shall
provide drawings for the signage, which shall be subject to approval by the
Consultant.
• The Project Manager and the City shall approve the locations for all signage.
18. Lines and Grades
The Design -Build Firm 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. H2B Visa Report
The Design -Build Firm shall submit with each payment application a report on the number
of its employees and the number of employees for each Subconsultant and Subcontractor
that is working under a HSB visa. Failure to provide this information with the payment
application may result in a delay in processing the payment application.
20. Progress Photos
Prior to commencement of the Work the Design -Build Firm will take digital photographs to
document existing conditions. Design -Build Firm shall submit these photos on CD-ROM
and printed copy with its first payment application Design -Build Firm 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.
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Section 3 — Design Services
1. Design Responsibility
All Professional Services shall be provided by firms licensed to perform such services in
accordance with ail applicable Florida Statute 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 Design -Build Firm acknowledges that Subconsultants are
entirely under its or the 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 Design -Build Firm 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 Design -Build Firm 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 be considered works
made for hire and will, based on incremental transfer wherein the above shall become the
property of the City upon payments made to the Design -Build Firm or termination of this
Contract without restriction or limitation on their use, and will be made available, on request,
to City at any time during the performance of such services and/or upon completion or
termination of this Contract. Consultant and/or the Design -Build Firm shall not copyright any
material and products or patent any invention developed under this Contract. The City shall
have the right to visit the site for inspection of the Work and the products of Consultant at
any time. The Consultant shall be permitted to retain copies, including reproducible copies,
solely for information and reference in connection with the City's use and occupancy of the
Project.
4. DeliverV upon Request or Cancellation
Failure of the Consultant to promptly deliver all such documents, both hard copy and digital,
to the Director or designee within ten (10) days of cancellation, or within ten (10) days of
request by the City, shall be just cause for the City to withhold payment of any fees due
Consultant until Consultant delivers all such documents. Consultant shall have no recourse
from these requirements.
5. Error and Omission Issues
Design -Build Firm 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.
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6. Design -Build Firm's Key Staff
The parties acknowledge that Design -Build Firm was selected by City, in part, on the basis
of qualifications of particular staff identified in Design -Build Firm's response to City's
solicitation, hereinafter referred to as "Key Staff'. Design -Build Firm 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 or Consultant's employ. Design -Build Firm will
obtain prior written acceptance of Director or designee to change Key Staff. Design -Build
Firm 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
7. Truth -In -Negotiation Certificate
By executing the Contract the Design -Build Firm 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 1 year following the end of the
Project.
8. Re -Use by City
It is understood that all Design -Build contract and/or Work Orders for new design Work will
include the provision for the re -use of plans and specifications, including construction
drawings, at the City's sole option, and by virtue of signing this Contract the Design -build
Firm and the Consultant agrees to such re -use in accordance with this provision without the
necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use. The Design -Build Firm and Consultant will not be liable
for re -use by the City of plans, documents, studies, or other data for any purpose other than
that intended by the terms and conditions of this Contract.
9. Scope of Services
The Design -Build Firm agrees to provide comprehensive professional services in
accordance with all applicable law 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. Design -Build Firm shall furnish, as Basic Services,
comprehensive professional services for the Projects including, but not limited to those
described in Article 10, Basic Services.
10. Basic Services
Design -Build Firm 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. Design -
Build Firm shall maintain an adequate staff of qualified personnel on the Work at all times to
ensure its performance as specified in the Contract.
Design -Build Firm 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 City. Design -Build Firm shall not proceed with the next task of the design Work
until the documents have been approved, in writing, by City, and an Authorization to
Proceed with the next task has been issued by City.
These services, hereinafter referred to as "Basic Services" are summarized as follows:
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10.1 DEVELOPMENT OF OBJECTIVES
10.1.1
Design -Build Firm shall confer with representatives of City, the Project Manager, and other
jurisdictional agencies to develop several options for how the various elements of the
project will be designed and constructed based on the DCP.
10.1.2
Design -Build Firm shall, utilizing the DCP, confer with representatives of City, the Project
Manager, and other jurisdictional agencies in order to comprehensively identify aspects of
the completed facility program that may require further refinement to attain the requisite
detail of design development required to begin the creation of Construction Documents.
For clarity of scope, the items that need further development will be called Conceptuals and
the remaining items will be called Designs,
10.1.3
Design -Build Firm shall prepare written descriptions of the various options and shall
participate in presentations to multiple groups explaining alternative options. Sufficient
detail shall be provided to support the presentation materials. The acceptance of any
option shall be at the sole discretion of the City.
10.1.4
Design -Build Firm shall hire the appropriate subconsultant to provide utility coordination
services, which are not in-house. Such services shall include the location of all site
structures including all utility structures and facilities as well as all underground utilities.
10.2 SCHEMATIC DESIGN
10.2.1 Design Concept and Schematics Report
Based on the approved development option the Design -Build Firm shall prepare and
present four (4) copies, in writing and at an oral presentation if requested, for approval
by City, a Design Concept and Schematics Report, comprising Schematic Design
Studies, including an identification of any special requirement affecting the Project, a
Statement of Probable Construction Cost, Project Development Schedule and review
of Constructability Review reports. At Project commencement the City shall provide
Design -Build Firm with the construction budget for the Project that will be utilized by
the Design -Build Firm for purposes in completion of the Scope of Services.
1. Schematic Design Studies consist of site plan(s), floor plans (where applicable),
elevations, sections, and all other elements required by Design Criteria
Professional or Project Manager to show the scale and relationship of the
components and design concepts of the whole. The floor plans may be single -line
diagrams. A simple perspective rendering or sketch, model or photograph thereof
may be provided to further show the design concept.
2. A Statement of Probable Construction Cost, prepared in Construction Standard
Index (CSI) format, to include a summary of the estimated project cost and an
evaluation of funding allocation. Such summary shall be in sufficient detail to
identify the costs of each element and include a breakdown of the fees, general
conditions and construction contingency. Such evaluation shall comprise a brief
description of the basis for estimated costs per each element and similar project
unit costs. Recommendations for reducing the scope of the Project in order to
bring the estimated costs within allocated funds, in the event that the statement of
Probable Construction Costs exceeds allocated funds by more than ten (10%)
percent, the Design -Build Firm shall update its documentation, at no additional
cost to the City, to reflect this reduced scope. Any "Statement of Probable
Construction Costs" prepared by Design -Build Firm represents a reasonable
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estimate of cost in Consultant's best judgment as a professional familiar with the
local construction industry.
The Project Development Schedule shall show the proposed completion date of
each task of the Project through design, bidding, construction, and post
construction services.
4. Constructability Review reports shall be conducted by the City and/or its
consultants at design stages deemed necessary by the Project Manager or
Design Criteria Professional. Design -Build Firm shall provide five additional
deliverable plan sets for distribution, by City, to others for this purpose. There
shall be an established deadline for review report submission back to City.
Design -Build Firm shall provide written responses to all comments within two
weeks and shall maintain files of all related review reports and response reports.
If necessary, City may coordinate Constructability Review meetings with some or
all of the reviewers with Design -Build Firm present to discuss specific issues. In
addition to the Constructability Review process mentioned above, City reserves
the right to conduct a Peer Review of the project documents at any design stage.
Cost of such a Peer Review would be borne by City. Any findings as a result of
said Peer Review would be addressed by Design -Build Firm, and if requested by
City, would be incorporated into the design documents, at no additional cost to
City and no extension of time to the schedule.
5. Design -Build Firm shall identify any deviation(s) from the DCP, the basis for such
deviation(s), and the cost and time impact to the Project. Where any specific
equipment and materials are required by the DCP the Design -Build Firm must
provide life -cycle calculations to demonstrate the long-term benefit(s) to the City
for any proposed substitution of specified equipment.
10.3 DESIGN DEVELOPMENT
From the approved Schematic Design documents, Design -Build Firm shall prepare and
present four (4) copies in writing, and at oral presentations, if requested, for approval by
City and the Design Criteria Professional, separate Design Development Documents,
updated Project Development Schedules, updated Statements of Probable Construction
Costs and a review of Constructability Review reports.
1. The Design Development Documents shall consist of drawings (site plans, floor plans,
elevations, and sections, 3-D representation in the form of renderings or model), outline
specifications, and other documents.
2. Design Development consists of continued development and expansion of architectural
and/or civil Schematic Design Documents to establish the final scope, relationships,
forms, size, and appearance of each element through:
2.1 Plan sections and elevations
2.2 Typical construction details
2.3 Final materials selection
2.4 Construction phasing plan
3. The updated Development Schedules shall show the proposed completion dates of each
milestone of the Project through design, bidding, construction and proposed date of
occupancy. Design -Build Firm will also detail all long lead procurement items and
architecturally significant equipment that will need to be purchased prior to the
completion of Construction Documents.
4. Provide updated Statements of Probable Construction Cost. If either statement of
Probable Construction Cost exceeds allocated funds by more than ten (10%) percent,
Design -Build Firm shall prepare recommendations for reducing the scope of that
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particular Project in order to bring the estimated costs within allocated funds. Design -
Build Firm shall update its documentation, at no additional cost to the City, to reflect this
reduced scope.
5. Constructability Review reports as defined in Section 10.2.4.
6. Design -Build Firm shall identify any deviation(s) from the DCP, the basis for such
deviation(s), and the cost and time impact to the Project. Where any specific equipment
and materials are required by the DCP the Design -Build Firm must provide life -cycle
calculations to demonstrate the long-term benefit(s) to the City for any proposed
substitution of specified equipment.
10.4 CONSTRUCTION DOCUMENTS
Design -Build Firm shall produce 30%, 60%, 90% and Final Construction Documents for
review and approval by City, which shall include the following:
1. A Drawing Cover Sheet listing an index of all number of drawings by each discipline.
Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Design -
Build Firm shall attach an index of all anticipated drawing sheets necessary to fully
define the Project.
2. The updated Project Development Schedule to include an outline of major construction
milestone activities and the recommended construction duration period in calendar
days.
3. An updated Statement of Probable Construction Cost in CSI format.
4. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and
Final of the Specifications completed.
5. Design -Build Firm shall submit the special conditions separate from the technical
specifications.
9. Design -Build Firm shall not proceed with further construction document development
until approval of the previously submitted documents is received in writing from City.
Approval by City shall be for progress only and does not relieve Design -Build Firm of its
responsibilities and liabilities relative to code compliance and to other covenants
contained in this Contract. Design -Build Firm shall resolve all questions indicated on the
documents and make all changes to the documents necessary in response to the
review commentary. The previously submitted documents review (check) set shall be
returned to City upon submission of subsequent submittal and Design -Build Firm shall
provide an appropriate response to all review comments noted on these previously
submitted documents.
Design -Build Firm shall submit four (4) full size copies of the drawings and specifications,
and one digital copy in .pdf format, plot, and .dwg formats.
From the approved Design Development Documents, Design -Build Firm shall identify any
deviation(s) from the DCP, the basis for such deviation(s), and the cost and time impact to
the Project. Where any specific equipment and materials are required by the DCP the
Design -Build Firm must provide life -cycle calculations to demonstrate the long-term
benefit(s) to the City for any proposed substitution of specified equipment. Design -Build
Firm shall prepare for written approval by City, Final Construction Documents setting forth
all design drawings and specifications needed to comprise a fully biddable, permittable,
constructible Project.
10.4.1 Dry Run Permitting
The Design -Build Firm shall file and follow-up for building permits at the earliest
practicable time during the performance of the Work, the necessary portions of the
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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 CIP of the final set and printing of the Construction
Documents for the applicable portion of the Work. The Design -Build Firm shall
promptly, at any time during the performance of the Work hereunder, advise the City of
any substantial increases in costs set forth in the Statement of Probable Construction
Cost that in the opinion of the Design -Build Firm 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 five (5)
full size sealed copies of the drawings and specifications. by the permitting entities
shall also provide digital versions of the drawings in .dwg, and .pdf formats. The
specification additional terms and conditions shall be provided in both .pdf and .doc
formats.
10.5 ADMINISTRATION OF THE CONSTRUCTION CONTRACT
10.5.1
The Construction Phase will begin upon commencement of construction and will end when
the Design -Build Firm has provided to the City all post construction services, including
documents, As -Built drawings, Design -Build Firm's record drawings, warrantees,
guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to
the City and the City approves the final payment to the Design -Build Firm. During this
period, the Design -Build Firm shall provide administration of the construction contract as
provided by this Contract, and as provided by law.
10.5.2
The Consultant and the Design Criteria Professional, as the representative of the City
during the Construction Phase, shall advise and consult with the City and shall have the
authority to act on behalf of the City to the extent provided in the General Conditions and
the Supplementary Conditions of the construction contract and their agreement with the
City.
10.5.3
The City or its, respective representatives 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 Design -Build Firm at no additional cost to the City. The
City or its representatives shall report on the progress the Work, including any defects and
deficiencies that may be observed in the Work. The Consultant will be responsible for
writing minutes of all meetings and field inspections report, as well as the distribution of the
minutes. Consultant and Subconsultants will not be held responsible for construction
means, methods, techniques, sequences, or procedures, or for safety precautions and
programs in connection with the Work.
10.5.4
The Consultant shall furnish the City, Design Criteria Professional, and the Design -Build
Firm 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. The Consultant and the
Subconsultants shall ascertain that the Work is acceptable to the City. The Design Criteria
Professional will determine if the Work is being performed in accordance with the DCP.
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Consultant shall assist the City in ensuring that the Design -Build Firm 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
Design -Build Firm and may result in a proportional reduction in Construction Administration
fees paid to the Design -Build Firm.
10.5.5
1. Based on observations at the site and consultation with the City, the Consultant
shall determine the amount due the Design -Build Firm 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 Design -Build Firm is entitled to amount stated on the
requisition subject to: a detailed evaluation of the Work for conformance with the
contract upon substantial completion;
2. the results of any subsequent tests required by the contract;
3. minor deviations from the contract correctable prior to completion;
4. any specific qualifications stated in the payment certificate and further that the
Design -Build Firm 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 Design -Build Firm, 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 Design -Build Firm'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 Design -Build Firm has used money paid on account of the Construction
Contract Price.
10.5.6
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 Design -Build Firm, 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 Design -Build Firm relating to the execution or progress of the Work. Interpretations
and decisions of the Consultant shall be consistent with the intent of and reasonably
inferable from, the Contract Documents and shall be in written or graphic form.
10.5.7
The Consultant shall have the authority to recommend rejection of Work, which does not
conform to the Contract Documents. The Design Criteria Professional has the authority to
reject Work where such Work does not comply with the DCP. Whenever, in his/her
reasonable opinion, the Consultant considers it necessary or advisable to insure
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, whether or not such Work has been fabricated and/or delivered to the Project,
or installed and completed.
10.5.8
The Consultant shall promptly review and approve, reject or take action on shop drawings,
samples, RFIs and other submissions of the Design -Build Firm. Changes or substitutions to
the construction documents shall not be authorized without concurrence of the City's
Project Manager and/or Director of Capital Improvements. The Consultant shall upon
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receipt of shop drawings, samples, RFI's or other submittals by the Design -Build Firm,
timely review and return the shop drawings or submittals to the Design -Build Firm with
comments indicating either approval or disapproval, with a copy to the Project Manager.
Consultant shall provide the Design -Build Firm and the Project Manager with a detailed
written explanation as to the basis for rejection,
10.5.9
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 Design -Build Firm 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.
10.5.10
The Consultant in conjunction with the Design Criteria Professional shall examine the Work
upon receipt of the Design -Build Firm'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, Design Criteria Professional, and the
Design -Build Firm prepare a punch list of any defects and discrepancies in the Work
required to be corrected by the Design -Build Firm in accordance with Florida Statute
218.735. Upon satisfactory completion of the punch list the Consultant in conjunction with
the Design Criteria Professional shall recommend execution of a "Certificate of Final
Acceptance" and final payment to the Design -Build Firm. Upon satisfactory completion of all
items on the punch list all necessary closeout documentation shall be submitted by the
Design -Build Firm, 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 Design -Build Firm.
10.5.11
The Consultant shall review the Design -Build Firm's "as built" drawings and submit them to
the City upon approval by the Consultant. The Design -Build Firm is responsible for
preparing the "as built" drawings.
10.5.12
The Design -Build Firm 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 Design -Build Firm.
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 Design -Build Firm. The Design -Build Firm shall furnish to the City one complete set of
"Record Set Drawings", in Auto CADD Version 2000 or such other format acceptable to the
City.
10.5.13
The Design -Build Firm shall furnish to the City a simplified site plan and floor plan(s)
reflecting "as -built" conditions with graphic scale and north arrow. Plans must show room
names, room numbers, overall dimensions, square footage of each floor and all fonts used
in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one
electronic copy.
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RW AL. no nn nn.
11. Basis of Design
It is imperative that the City understands the implications of design decisions made during
the design process. Especially in the early stages of design, it is important that the Design -
Build Firm provide insights into the implications of a given choice, e.g. materials, building
skin, mechanical systems, etc. To achieve this Design -Build Firm shall develop basis of
design reports for key building systems. These reports are first due during the initial stages
of design and provide the basis for the City's acceptance of design submittals,
A Basis of Design Report shall be prepared for each of the following systems:
1. Building envelope
2. HVAC
3. Lighting
Each report shall contain a narrative discussion covering the following points. Some
systems may require additional information,
1. Applicable codes and standards
2. Performance characteristics
3. Life cycle cost analysis spreadsheet (available online), must include, but may
not be limited to:
a. Energy costs
b. Maintenance and custodial costs
c. Life expectancy (may require life expectancy of subsystems)
d. Replacement costs (if applicable)
e. Total cost of ownership over 50 (fifty) years
Basis of Design Reports are required at the following design milestones:
I. Initial proposal submittal
2. 50% Preliminary Design
3. 100% Preliminary Design
4. 50% Construction Documents
12. Code analysis Reports and Plans
Provide a narrative discussion and summary of building code issues, impacts and
restrictions particular to this Project. The outline shall include a written report and
diagrammatic plan drawings delineating design criteria (e.g, exit paths, travel distances,
required exits, rated walls, rated corridors, building occupancy, construction type, and fire
zones). The analysis shall be updated for each design phase.
14. 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 Design -Build Firm will prepare and submit a Change
Order Proposal, which shall included the deliverables and costs. The breakdown of the costs
shall be provided on the City' Work Order Form spreadsheet.
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Section 4 - PRICE FORM
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1St Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Date
The undersigned, as Design -Build Firm, hereby declares that the only persons interested in
this Contract as principal are named herein and that no person other than herein mentioned
has any interest in this Contract to be entered into; that this Contract is made without
connection with any other person, firm, or parties making a Proposal; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Proposer further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the opening of
the Proposals, as acknowledged below; and that it has satisfied itself about the Work to be
performed; and that it has submitted the required Proposal Guaranty (if any); and all other
required information with the Proposal; and that the Proposal is submitted voluntarily and
willingly.
The Proposer agrees, if this Proposal is accepted, to contract with the City, a political
subdivision of the State of Florida, pursuant to the terms and conditions of the Contract
Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus,
means of transportation, and all labor necessary to construct and complete within the time
limits specified the Work covered by the Contract Documents for the Project(s) entitled:
RFQ No: 08-09-064
Title: Design -Build Services for the Design & Construction of Gibson
Park, B- 30305B
The Proposer also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total Contract
price plus alternates, if any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Proposal guaranty, if any, accompanying the
Response shall be forfeited if Proposer fails to execute said Contract, or fails to furnish the
required Performance Bond and Payment Bond or fails to furnish the required Certificate(s)
of Insurance within fifteen (15) calendar days after being notified of the award of the
Contract.
In the event of arithmetical errors, the Proposer agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price in figures
and the price in words, the price in words shall govern. Proposer agrees that any unit price
listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at
the total
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Design Build Services for Gibson Park
Rirl Nin • na no nan
PRICE FORM: (Page 2 of 9)
Note: Bidders are Guaranteed Maximum Price basis for the purpose of determining the
lowest responsive and responsible bidder.
Design Fees
Phase
Fee %
Fee
Pre -Design Phase
%
$
Concept Schematic Design
%
$
Advanced Schematic Design
%
$
Design Development
%
( $
30% Construction Documents
` %
$
60% Construction Documents
%
$
100% Construction Documents
%
$
Permitting
%
$
Construction Administration
%
$
Substantial Completion Deliverables
%
$
Final Completion Deliverables ,
% (
$
Post Occupancy Inspection & Report
%
$
Not to Exceed Allowance for Reimbursable Expenses (
%
$
Total Design Fees (Not to Exceed) I
100%
$
Note: Fee % indicates proportion of lump sum of Total Design Fees
84
Design Build Services for Gibson Park
PRICE FORM: (Page 3 of 9)
Construction Costs
Phase
Item Amount
(Note: This is the combined GMP Prices for design &
Sub-Total/Total Fee
Guaranteed Maximum Cost of the Work
$
SUB -TOTAL
®
$
Guaranteed Maximum Staffing Costs
$
Guaranteed Maximum General Conditions
$
SUB -TOTAL
®
$
Overhead & Profit I
$
SUB -TOTAL
®
$
Bond & Insurance this is part of the General
Conditions
$
Guaranteed Maximum Construction Price
$
Guaranteed Maximum Price (GMP)
(Note: This is the combined GMP Prices for design &
$
construction
Our GUARANTEED MAXIMUM PRICE includes the total cost for the Work specified in this
solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization,
overhead & profit required, in accordance with the Bid Specifications.
Lump Sum:
Written Amount
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Design Build Services for Gibson Park
RiA 1.i- - no nn nil
PRICE FORM: (Page 4 of 9
DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PARTS III
AND IV.
Part I: Listed below are the dates of issue for each Addendum received in connection with
this RFQ:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Proposer, by virtue of signing the Price Form, affirms that the Proposer is aware of the
following, and shall comply with all the stated requirements.
1. Affirmative Action Plan
Successful Proposer (s) shall establish an Affirmative Action Plan or an Affirmative Action
Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be
indicated on the policy: and
2. First Source Hiring
Proposer certifies that it has read and understood the provisions of City of Miami Ordinance
Section 18-110, pertaining to the implementation of a "First Source Hiring Agreement".
Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration in
the award of a contract.
3. Non -Collusion
Proposer certifies that the only persons interested in this Bid are named herein; that no other
person has any interest in this Proposal or in the Contract to which this Proposal pertains; that
this Proposal is made without connection or arrangement with any other person; and
4. Drug Free Workplace
The undersigned Proposer hereby certifies that it will provide a drug-free workplace program
by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
Proposer's workplace, and specifying the actions that will be taken against employees for
violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
96
Design Build Services for Gibson Park
Rirl N1- • nQ nn n0 A
PRICE FORM: (Page 5 of 9
(ii)The Proposer's policy of maintaining a drug-free workplace;
(iii )Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as
a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days after
such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted of
a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs (1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2)lf any funds other than Federal appropriated
influencing or attempting to influence an officer
Congress, an officer or employee of Congress, c
connection with this Federal.contract, grant, loan,
shall complete and submit Standard Form -LLL,
accordance with its instructions.
87
Design Build Services for Gibson Park
funds have been paid to any person for
)r employee of any agency, a Member of
an employee of a Member of Congress in
or cooperative agreement, the undersigned
"Disclosure Form to Report Lobbying," in
Bid No ' 08-09-064
PRICE FORM: (Page 6 of 9)
(3)This undersigned shall require that the language of this certification be included in the award
documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $1D,000 and not more than $100,000 for each such failure; and
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment. Suspension and Other Responsibility Matters
The Proposer certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
b. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or falsification or destruction of records, making false statements, or receiving
stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b
of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Proposer is unable to certify to any of the statements in this certification,
such Bidder shall submit an explanation to the City of Miami.
Part IV; Certification — Trench Safety Act
The Proposer, by virtue of signing the Price Form, affirms that the Bidder is aware of the Trench
Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be
legally binding on all persons employed by the Proposer and Subcontractor, and Subconsultant.
The Proposer is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Proposer acknowledges that included in the various items of the proposal and in the total Bid price
are costs for complying with the Florida Trench Safety Act. These items are a breakout of the
respective items involving trenching and will not be paid separately. They are not to be confused
with bid items in the schedule of prices, nor be considered additional Work.
ss
Design Build Services for Gibson Park
Bid No.: 08-09-064
PRICE FORM: (Page 7 of 9)
The Proposer further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
Total $
Attached is a Proposal Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of
Credit [ ], Treasurer's Check [ ], Bank Draft ( ], Cashier's Check [ ], Bid Bond Voucher [ ] or
Certified Check [ ] No. Bank of
for the sum of
Dollars ($ ).
The Proposer shall acknowledge this Bid and certifies to the above stated in Part III and IV by
signing and completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.: E -Mail Address:
Social Security
No. or Federal Dun and
I.D.No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
89
Design Build Services for Gibson Park
Bid No.: 08-09-064
PRICE FORM: (Page 8 of 9)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under the laws of
the State of held on the _day of , a resolution was duly passed
and adopted authorizing (Name) as (Title) of the
corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested
by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that
said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a partnership organized and existing under the laws of
the State of held on the _day of a resolution was duly passed and
adopted authorizing (Name) as (Title) of the to execute
bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be
the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
Partner:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is
authorized@uthorized to sign Bid documents on berialt of the point venture. It there is no joint venture agreement eac
member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate,
partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name)
(d/b/a)
terms of the Bid to which this attestation is attached.
, individually and doing business as
(if Applicable) have executed and am bound by the
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Signed:
Print:
a
Design Build Services for Gibson Park
[3C: ►• •: I• •.I
PRICE FORM: (Page 9 of 9)
NOTARIZATION
STATE OF
) SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
20 , by , who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Design Build Services for Gibson Park
Bid No - 08-09-064
Section 5- Attachments
PROPOSAL BOND FORM (Page 1 of 3)
State of Florida )
County of Dade ) SS
City of Miami )
KNOWN ALL PERSONS BY THESE PRESENTS, that as
Principal,
are held and firmly bound unto The City of Miami, in the penal sum of
as Surety,
Dollars ($ ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying Bid, dated
, 20_, for:
Design -Build Services for the Design & Construction of Gibson Park, CIP Project No. B -
30305B
NOW THEREFORE:
(a) If the principal shall not withdraw said Response within one hundred twenty (120) days
after date of opening the same, and shall within ten (10) days after the prescribed forms
are presented to him for signature, enter into a written contract with the City, in
accordance with the bid as accepted, and give bond with good and sufficient Surety or
Sureties, as may be required, for the faithful performance and proper fulfillment of such
contract; or,
(b) In the event if the withdrawal of said Response within the period specified, or the failure
to enter into such contract and give such bond within the time specified, if the principal
shall pay the City the difference between the amount specified in said Response and the
amount for which the City may procure the required Work and supplies, if the latter
amount be in excess of the former, then the above obligation shall be void and of no
effect, otherwise to remain in full force and virtue.
92
Design Build Services for Gibson Park
Bid No.: 08-09-064
PROPOSAL BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this day of , A. D., 20_,
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (if Sole Ownership, PRINCIPAL:
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City State Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City State Zip
93
design Build Services for Gibson Park
PROPOSAL BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, 'certify that I am the Secretary of
the Corporation named as Principal in the within bond; that
of said corporation; that I know his signature, and the
signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing body.
(Corporate Seal)
STATE OF FLORIDA)
COUNTY OF DADE ) SS
City OF MIAMI )
Before me, a Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney-in-fact, for the
and that he/she has been authorized by
to execute the foregoing bond on behalf of the Design -Build Firm
named therein in favor of The City of Miami, Florida.
Subscribed and sworn to before me this day of A. D., 20
INSTRUCTIONS: Bid Bonds
must be accompanied by Notary Public, State of Florida at Large
a Power of Attorney, in
compliance with
Instructions to Bidders My Commission Expires:
94
Design Build Services for Gibson Park
Local, Small, Disadvantaged and Minority/Women
Business Enterprise Participation
Project No.: Title:
Bidder/Design-Build Firm:
As previously stated in the Contract Documents, the City encourages the participation of local, small and minority
owned businesses. Based on this ongoing effort the City requires that with the submission of the Bid, first payment
requisition, and at the request of City representative, the Design -Build Firm shall submit this report entitled. Failure to
submit the report may delay the issuance of payment to the Design -Build Firm. Design -Build Firm shall submit an
updated report when a Subcontractor has been added or changed.
The following certified local, small, disadvantaged, minority or women owned firms have been awarded subcontracts
for this Proiect. The legend is to be used in comoletino the anorooriate columns.
Name of Firm
Certifying Entities
Certifying
Value of Work
Percentage
(Proposer and
Business Designation
Agency
Assigned/Award
of Total Work
Subcontractor)
(check all that apply)
(Agencies)
ed
or Contract
Other — please identify
SBE — Small Business Enterprise
List all
WBE — Woman -Owned Business Enterprise
applicable
❑ BBE
[SBEBE
❑ DBE
❑HBE
❑ Local
❑ MBE
❑ WBE
❑ None
❑ BBE
❑ CSBE
0 DBE
❑HBE
or SBE
❑ Local
❑ MBE
❑ WBE
❑ None
❑ BBE
[3 CSBE
[I DBE
❑HBE
or SBE
❑ Local
❑ MBE
❑ WBE
❑ None
❑ BBE
❑ CSBE
[I DBE
❑HBE
or SBE
❑ Local
❑ MBE
❑ WBE
❑ None
❑ BBE
❑ CSBE
❑ DBE
❑HBE
or SBE
❑ Local
❑ MBE
❑ WBE
❑ None
❑ BBE
❑ CSBE
❑ DBE
❑HBE
or SBE
❑ Local
❑ MBE
❑ WBE
❑ None
LEGEND
Types of Firm
Certifying Entities
BBE — Black- African-American owned Business Enterprise
CM - City of Miami
CSBE — Community Small Business
BC - Broward Count
DBE — Disadvantaged Business Enterprise
FDOT — Florida Department of Transportation
HBE — Hispanic Owned Business Enterprise
FG — Federal Government
Local — Local Firm within City of Miami city limits
MD - Miami Dade Count
MBE — Minority Business Enterprise
MDPS — Miami Dade Public Schools
None — nospecial designation
Other — please identify
SBE — Small Business Enterprise
WBE — Woman -Owned Business Enterprise
IV U It: GUt ItJ Ur GCK I It I GA l I UIVS IV) U51 tSt A I I AGtitU. LUGAL t -1K11415 SHALL A I IA GH I He
LOCAL OFFICE AFFIDAVIT
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Design Build Services for Gibson Park
Section 6- Contract Execution Form
THIS Contract (contract number) made this _ day of in the year
2009 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and
(name of Design -Build Firm)
IN WITNESS WHEREOF, the parties have executed this Contract as of the day and
year first above written.
WITNESS/ATTEST
olyridtule
Print Name, Title
ATTEST:
DESIGN -BUILD FIRM Secretary
(Affirm DESIGN -BUILD FIRM Seal, if
available)
ATTEST:
Priscilla Thompson, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeAnn Brehm, Director
Risk Management Department
Design Build Services for Gibson Park
RECREATIONAL DESIGN AND
CONSTRUCTION, INC.
Joec, cerrone; lll, "President
Signature
Print Name, Title of Authorized Officer or Official
(Corporate Seal)
City of Miami, a municipal corporation of the
State of Florida
Pedro G. Hernandez, P.E., City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julio 0. Bru, City Attorney
Bid No.: 08-09-064
CORPORATE RESOLUTION
WHEREAS,
, Inc. desires to enter into a
contract with the City of Miami for the purpose of performing the work described in the
contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
(type name of officer)
is hereby authorized
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
97
Design Build Services for Gibson Park
(Corporate Seal)
Bid No.: 08-09-064
FORM OF PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, We
hereinafter called Design -Build Firm, and
as Principal,
as Surety, are
bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount cf
Dollars ($ ) for the payment whereof Design -
Build Firm and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Design -Build Firm has
by written agreement
entered into a
Contract,
Bid/Contract No: 08-09-064, 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 Design -Build Firm:
1. Performs the Contract between Design -Build Firm 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 Design -Build Firm
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 Design -Build Firm 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
98
Design Build Services for Gibson Park
Bid No - 08-09-064
FORM OF PERFORMANCE BOND (Page 2 of 2)
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 Design -Build Firm under the Contract and any
amendments thereto; less the amount properly paid by City to Design -Build
Firm.
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:
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
Design Build Services for Gibson Park
(Name of Corporation)
By:
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
99
Bid No.: 08-09-064
FORM OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We
as Principal,
hereinafter called Design -Build Firm, 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
Design -Build Firm and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, Design -Build Firm has by written agreement entered into a Contract,
Bid/Contract No., awarded the day of , 20 , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Design -Build Firm:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Design -Build Firm 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 Design -Build Firm in the
performance of the Contract;
THEN DESIGN -BUILD FIRM'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 Design -Build Firm and
who has not received payment for its labor, materials, or supplies shall, within
forty-five (45) days after beginning to furnish labor, materials, or supplies for
the prosecution of the Work, furnish to Design -Build Firm a notice that he
intends to look to the bond for protection.
2.2. A claimant who is not in privity with Design -Build Firm and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Design -Build Firm 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 Design -
Build Firm 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.
FORM OF PAYMENT BOND (Page 2 of 2)
100
Design Build Services for Gibson Park
Bid No.: 08-09-064
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
Design -Build Firm
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
Design Build Services for Gibson Park
(Name of Corporation)
By:
(Signature)
(Print Name and Title)
day of 20_
INSURANCE COMPANY:
By:
Agent and Attorney-in=Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
101
Bid No.: 08-09-064
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.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me 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 Design -Build Firm named
therein in favor of City.
Subscribed and Sworn to before me this
My commission expires:
Design Build Services for Gibson Park
Page 102
day of 120
Notary Public, State of Florida at Large
Bonded by
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Beneficiary:
Date of Issue
Issuing Bank's No.
Applicant:
City of Miami Amount:
444 SW 2nd Avenue in United States Funds
Miami, Florida 33130
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
at
of and for the account of
(Bank, Issuer name)
by order
(branch address)
(Design -Build Firm, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing is
due to default in performance of certain obligations on the part of
(Design -Build Firm, applicant, customer) agreed upon by and between the City of Miami,
Florida and (Design -Build Firm, applicant, customer), pursuant to
Bid/Contract No. for (name of project) and Section 255,05,
Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Bid No.: 08-09-064
Design Build Services for Gibson Park
Page 103
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Bank name) dated
(Number), of
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami with written notice of our intent to terminate the credit herein extended,
which notice must be provided at least thirty (30) days prior to the expiration date of the original
term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will
expire prior to performance of the Design -Build Firm's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in
any way be modified, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document, instrument,
or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this credit that such drafts will be duly honored upon presentation
to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(Design -Build Firm, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
Authorized Signature
IIITFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
Design Build Services for Gibson Park
Page 104
Bid No.: 08-09-064
If the Proposer is submitting as a joint venture.-1please be advised that this form ( pages) I\ UST be
completed and the REQUESTED written joint -venture agreement MUST be attached and submitted
with this form.
1. Name of joint venture:
2. Address of joint venture:
3. Phone number of joint venture:
4. Identify the funis that comprise the joint venture:
5. Describe the role of the MBE firm (if applicable) in the joint venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those
individuals (and their titles) who are responsible for day-to-day management and policy decision
making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
(4) Purchasing of major items or supplies:
(c) Supervision of field operations:
Design Build Services for Gibson Park
Page 105
Bid No.: 08-09-064
NOTE: If, after filing this form and before the completion of the joint venture's work on the
subject Contract, there is any significant change in the information submitted, the joint
venture must inform the County in writing.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all material
information necessary to identify, and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking. Further, the undersigned covenant
and agree to provide to the County current, complete and accurate information regarding actual joint
venture work and the payment therefore and any proposed changes in any of the joint venturer
relevant to the joint venture, by authorized representatives of the County. Any material
misrepresentation will be grounds for terminating any Contract which may be awarded and for
initiating action under Federal or State laws concerning false
statements."
Name of Firm:
Signature:
Name: _
Title:
Date:
Design Build Services for Gibson Park
Page 106
112 M . -1"61
Signature:
Name:_
Title:
Date:
FORM A. - SUBCONSULTANTS
FIRM NAME I CONSULTING FIELD
Design Build Services for Gibson Park
Page 107
Bid No.: 08-09-064
FORM B. - KEY STAFF
NAME I JOB CLASSIFICATION
Design Build Services for Gibson Park
Page 108