HomeMy WebLinkAboutdefinitions00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Bidder: Any individual, firm, incorporated or unincorporated business
entity , or corporation submitting a bid for this Project, acting directly or
through a duly authorized representative.
1.2. Change Order: 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 and the Procurement
Ordinance of the City.
1.3. City (or Owner): The City (or Owner) shall mean the City of Miami, a
Florida municipal corporation, having its principal offices at 444 SW 2nd
Ave., Miami, Florida 33130, which is a party hereto and for for which
this Contract is to be performed. In all respects hereunder, City's
performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority andl
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
City Commission: City Commission shall mean the governing and
legislative body of the City.
City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
Contract: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not
limited to contract time and liquidated damages.
1.8. Contract Documents Clarification: Pursuant to the Cone of Silence, any
request for additional information or clarification must be received in
writing no later than ten (10) calendar days prior to bid opening.
Bidders may fax, email or mail their requests to the attention of Michael
A. Rath, CPPO, CPPB, Assistant Purchasing Director at the City's
Department of Purchasing, 444 S.W. 2nd Avenue, 6th Floor, Miami,
Florida 33130. The facsimile number is (305) 416-1925 or email:
mrath@ci.miami.fl.us.
City of Miami
7
sld No. 04-05-011
1.9. Contract Administrator: The City's Contract Administrator shall mean
the individual appointed by the City Administration who shall be the
City's authorized representative to coordinate, direct, and review on
behalf of the City, all matters related to the Project. The Contract
Administrator designated in writing by the City Administration or the
Director of Capital Improvement Projects(uCIP Director") shall serve as
the ranking managerial employee of the City relative to the Project.
1.10. Contract Documents: The Project Manual including drawings (plans)
and specifications, the Notice for Bids, Addenda, if any, to the Project
Manual, the Bid Form, the record of the award by the City Commission,
the Performance Bond and Payment Bond, the Notice of Award, the
Notice(s) to Proceed, the Purchase Order, Change Orders, Field
Orders, Supplemental Instructions, and any additional documents the
submission of which is required by this Project Manual, are the
documents which are collectively referred to as the Contract
Documents.
1.11. Contract Price: The original amount established in the bid submittal and
award by the City, as may be amended by an eligible and authorized
Change Order.
1.12. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultants
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
City of Miami
8 Bid No. 04-05-011
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
1.19. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
1.20. Program Manager: This will have the same meaning as the Contract
Administrator, unless a different individual / title is referenced in this
section.
1.21. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.22. Project Initiation Date: The date upon which the Contract Time
commences.
1.23. Project Manual: The official documents setting forth bidding information
and requirements; contract form, bonds, and certificates; General and
Supplementary Conditions of the Contract Documents; the
specifications; and the plans and drawings of the Project.
1.24. Resident Project Representative: Any authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
1.25. Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.26. Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
City of Miami 9 Bid No. 04-05-011
•
•
•
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.27. Surety: The surety company or individual , authorized to transact surety
ship in the State of Florida, which is bound by the performance bond
and payment bond with and for Contractor who is primarily liable, arid
which surety company or individual is responsible for Contractor's
satisfactory performance of the work under the contract and for the
payment of all debts pertaining thereto in accordance with Section
255.05, Florida Statutes.
1.28. Work: The 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 Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
City of Miami 10 Bid No. 04-05411