HomeMy WebLinkAboutExhibit 2INVITATION TO PREQUALiFY NO. XX-XX-XXX
NOTICE TO CONTRACTORS
Prospective participant submittals will be received by the City of Miami, Office of the City Clerk,
City'HaII, 1s Floor, 3500 Pan American Drive, Miami, Florida 33133-5504, until 10:00 A.M. on
XXX X, 2006 for:
PREQUALIFICATION OF CONSTRUCTION AND CONSTRUCTION
TRADES CONTRACTORS
B-XXXXX
1 '
Bids Due: THURSDAY, February X, 2007
AT 10:00 A.M.
Purpose: The purpose of this Solicitation is to pre -qualify potential contractors for future bidding
through the submission of documents and forms which verify that the contractor meets the
minimum criteria established in this Solicitation. Al! contractors that meet the criteria established in
the Solicitation shall be placed on a Pre -Qualification List that may be accessed by City
departments in order to obtain price quotation(s) for the provision of construction and trade specific
projects.
Minimum Requirements: Contractors must hold a current valid Certificate of Competency for
General Building/Engineering or Specialty Trades Contracting, as required by the Florida Building
Code, for the types of Work covered by the Contract at the time of pre -qualification and maintain
same throughout the duration of the Contract. Contractors must have been in business a minimum
of five (5) years and be capable of self -performing portions of the work on construction projects.
You may obtain the documents in person, in either digital format or printed copy, on or
after XXX, during regular business hours, at the City of Miami Capital Improvements &
Transportation Department, 444 S.W. 2nd Avenue, 8th Floor, Miami, Florida.
The solicitation may also be obtained from . the City of Miami website's Capital
Improvements' (CIP) webpage at www.miamieov.comlcapitalimprovements. Any firms
obtaining the document from the webpage should notify the person identified above to
ensure receipt of any addenda. It is the sole responsibility of all firms to ensure the receipt
of any addendum and it is recommended that firm periodically check the CiP webpage for
updates and the issuance of addenda.
All submissions shall be submitted in accordance with the instructions to Bidders. Submittals must
be submitted in duplicate originals in the envelopes provided. At the time, date, and place above,
submittal packages will be publicly opened. Any submittals received after time and date specified
will not be considered. The responsibility for submitting before the stated time and date is solely
and strictly the responsibility of the respondent. The City is not responsible for delays caused by
mail, courier service, including U.S. Mail, or any other occurrence.
YOU ARE HEREBY ADVISED THAT THIS SOLICITATION IS SUBJECT TO THE "CONE OF
SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271.
Section 1 — Instructions for Submission
1. Intention of City
The purpose of this Solicitation is to pre -qualify potential contractors to enter into master
contracts for future bidding through the submission of documents and forms which verify
that the contractor meets the minimum criteria established in this Solicitation. All
contractors that meet the criteria established in the Solicitation shall be placed on a Pre-
Qualitication List that may be accessed by City departments in order to obtain price
quotation(s) for the provision of construction trade projects not to exceed $5 million.
Any work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied 'by
Construction Manager whether or not specifically called for. When words, which have a
well-known technical or trade meaning, are used to describe work, materials or equipment,
such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or to
the laws or regulations of any governmental authority, whether such reference be specific
or by implication, shall mean the latest standard specification, manual, code or laws or
regulations in effect at the time of opening of bids and Construction Manager shall comply
therewith. City shall have no duties other than those duties and obligations expressly set
forth within the Contract Documents.
2. Examination of Contract Documents and Site
It is the responsibility of each Respondent before submitting a response to this solicitation
for pre -qualification or any subsequently issued Request for Price Proposal (RPP),: to
- - • Examine the.. Contract.. Documents and RPPsthoroughly,_
• Visit the site oF structure to become familiar with conditions that may affect costs,
progress, performance or furnishing of the Work, under an RPP
• Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code) laws,
regulations, ordinances -that -may affect a --Respondent's ability to be pre -qualified
and perform work under the Contract. Documents as well as any costs, progress,
performance, furnishing of the Work thatmay-be-required under an RPP.
• Study and carefully correlate Contractor's observations with the requirements of a
RPP, and
Carefully review the Contract Documents, inclusive of any subsequently issued RPP, and
notify the City of all conflicts, errors or discrepancies which Contractor knows or reasonably
should have known.
The submission of a response to this solicitation for pre -qualification or any subsequent
RPPs shall constitute an incontrovertible representation by Respondent or Contractor will
comply with the above requirements of the Contract Documents and that without exception,
the response is premised upon performing and furnishing Work required under the Contract
Documents and that the Contract Documents are sufficient in detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the work to be
issued under this Contract.
3. Contents of Solicitation and Respondent's Responsibilities
It is the responsibility of the Respondent to become thoroughly familiar with the
requirements, terms and conditions of this solicitation and the Contract Documents. Pleas
of ignorance by the Respondent or Contractor of conditions that exist or that may exist will
not be accepted as a basis for varying the requirements of the City, or the compensation to
be paid to the Contractor.
This solicitation is subject to all legal requirements contained in the applicable City
Ordinances, and Resolutions, as well as all applicable County, State and Federal Statutes.
Where conflict exists between this Solicitation and these legal requirements, the authority
shall prevail in the following order: Federal, State, County and local.
4. Pre -Qualification interpretations
Only questions answered by written Addenda will be binding. Oral and other interpretations
or clarifications will be without legal binding effect. All questions about the meaning or
intent of the Contract Documents are to be directed to the City's Department of Capital
Improvements and Transportation (CIT) in writing. Interpretations or clarifications
considered necessary by the CIT in response to such questions will be issued by City by
means of Addendum mailed or delivered electronically to all parties recorded by the CIT as
having received the solicitation documents. Written questions should be received no
less than ten (10) calendar days prior to the date for the receipt of responses. There
shall be no obligation on the part of City or the CIT to respond to questions received less
than ten (10) calendar days prior to bid opening.
5. Submitting Responses
All submittals must be received in duplicate by the City of Miami, City Clerk's office located
at City Hail, First Floor, 3500 Pan American Drive, Miami, Fia. 33133, before the time and
date specified for bid opening, enclosed in a sealed envelope, legibly marked on the
outside:
INVITATION TO PRE -QUALIFY NO.: XX-XX-XXX
SOLICITATION FOR: PRE -QUALIFICATION OF CONSTRUCTION
CONTRACTORS,
6. Printed Form for Pre -Qualification
Ail Submittals must be made upon the blank City of Miami forms provided herein. The
Submittal must be signed and acknowledged by the Respondent inaccordance with the
directions on the RPP forms.
Failure to utilize the city's forms, or fully complete said forms may result in a
determination that the response is non -responsive
7. Preparation of Submittals
Failure to sign the notice to qualified contractors, request to participate form shall render the
submittal as non -responsive.
The Respondent may be considered non -responsive if submittals are conditioned to
modifications, changes, or revisions to the terms and conditions of this solicitation.
Rejection of a submittal does not prevent the Respondent from making corrections and
resubmitting for approval. This is an open continuous enrollment Contract.
8. Pre -Submittal Conference
A non -mandatory conference will be held on (DATE) starting at (TIME) at (LOCATION) to
discuss this solicitation. Since space is limited, it is recommended thatone representative
of each firm attend in order to become familiar with the Solicitation and conditions of usage.
Attendees are requested to bring this Solicitation Package to the conference. A limited
number of copies may be available.
9. Method for Selecting Pre -Qualified Firms
All responsive contractors who meet the criteria established in this solicitation will
be included in the Contract. Such contractors shall be placed on a list by trade
classification of pre -qualified contractors who will be contacted from time to time by
the City to provide quotations for Work required by the City. The City shall be the
sole determiner of who meets the solicitation requirements. C1T shall add
contractors as they meet the pre -qualification criteria of this solicitation, during the
term of the contract.
10. Environmental Regulations
The City reserves the right to consider a Respondent's history of citations and/or violations
of environmental regulations in investigating a Respondent's responsibility, and further
reserves the right to declare a Respondent not responsible if the history of violations
warrant such determination in the opinion of the City. Respondent shall submit with its
Submittal, a complete history of all citations and/or violations, notices and dispositions
thereof. The non -submission of any such documentation shall be deemed to be an
affirmation by the Respondent that there are no citations or violations. Respondents shall
notify the City immediately of notice of any citation or violation which Respondent may
receive after the Submittal opening date and during the time of performance of any RPP
awarded to it.
11. Postponement of Date for Presenting and Opening of Responses
The City reserves the right to postpone the date for receipt and opening of submissions and
will make a reasonable effort to give at least seven (7) calendar days notice of any such
postponement to each prospective Respondent.
12. Addenda
Only questions answered by written Addenda will be binding. Oral and other interpretations
or clarifications will be without legal binding effect. All questions about the meaning or
intent__of this solicitation_ are to be directed to the City's Department of Capital Improvements
(CIT) and Transportation in writing. -Interpretations or clarifications considered necessary by
the CIT in response to such questions will be issued by City by means of Addenda mailed
or delivered_electronicallyto. all ;parties.. recorded ._by_..the ...CIT. . as having received the
solicitation. All addenda will also be posted on CIT's web page of the City's web site.
There- shall_ be on the.. park of City_or the City s_Department.. of Capital
Improvements and Transportation to respond to questions received less than ten (10)
calendardays.prior to due_date
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior
to the due date.
13. .Pre -Qualification Review
The City may require demonstration of competency and at itssole discretion
conduct site visits, require the Respondent to furnish documentation and/or require
the contractor to attend a meeting to determine the Respondent's qualifications and
ability to be pre -qualified under this Contract. The City at its sole discretion may
determine that a Respondent not be pre -qualified based on, but not limited to such
factors as financial capability, labor force, equipment, experience, knowledge of the
trade work to be performed and the quantity of Work being performed by the
Contractor. Contractors must have been in business a minimum of five (5) years and be
capable of self -performing portions of the Work on Projects where required by the RPP.
The Respondent must be able to demonstrate a good record of performance and have
sufficient financial resources to ensure that it can satisfactorily provide the goods and/or
services required herein.
Respondents shall submit financial statements for each of their last two complete fiscal
years within ten (10) calendar days, upon written request by the City. Such statements
should include, as a minimum, balance sheets (statements of financial os'
statements of profit and loss (statement of net income). p �tion) and
Any Respondent who, at the time of submission, is involved in an ongoingbankruptcy
debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a
receiver has been a as a
Respondent under federalbankruptcylawrora any statelportion of thepropertytrustee or
responsive.
insolvency, may be declared non
14. Solicitation Protest
Any actual or prospective contractual party who feels aggrieved
solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief
Procurement Officer who shall have the authority,g in connection with the
Manager and the City Attorney, to settle and resolve a protest wct ith final ing/Chief
Commission. Respondents are alerted to Section 18-103 ofapproval of the City
protest procedures. Protests failing to meet the requirementsapproval by the City
the City's Code describing the
accepted. Failure of a party to timely file shall constitute a forfeiture�of filingucparty'slNrightbe
file a protest. NO EXCEPTIONS. to
15. Local Small and Disadvanta ed Firm Partici ' ation
The City strongly encourages Contractors to secure the participation of
Community Small Business Enterprises (CSBE), and/or Disadvantaged
Enterprises (DBE) that are currently registered with and/or certifiedsmall businesses,
agencies within Florida, such as under programs in effect for theBusiness
Transportation, Frida,orand Broward Counts FloridaFy other governmentaltmeof
Transportation,
Schools. on, Miami -Dade a City also stronglyu encouragesFlorida County Publicut
Counties, and the Miami Dade County
Contractors to secure the
participation of firms located within the City's jurisdictional limits. Forms are provided
_....__purpose-,___-----
for this
le. Minorit /Women Procurement Pro ram
Ordinance No. 10062, as amended, entitled the Minority and Women Business
Procurement _Ordinance -of._the_Ci.ty_of_Miami, .Florida,_sets..forth.."...a_goal. of awarding
least 51 percent of the City's total annual dollar volume of all expenditures Affairs and
services to Black, Hispanjc and Women minority business enterprises sl at
p itures for all goods and
A minority business enterprise is defined as a business firm "...in hich at least equal basis."
of said enterprise is owned by Blacks, Hispanics, or Women and whose manse 1 percent
daily business operations are controlled by one or more Blacks, Hispanics or Women." and
The City has established a voluntary0% en."
participation by City of Miami certifieMinority Women Black, usiness Enterprise
Female
owned firms for this Project. The various ways the City encourages that the 51 % goal
be met is: (1) by having the Contractor become a City of Miami certifiedp (MNVBE)
the Contractor, if not a City of Miami certified M/WBE firm, to reach outg I can
certified MMBE firms to subcontract Work MNVBE firm, or (2)
to City of Miami
Contractors are reminded that a contractor certified as a City of Miami M/WBE firm
considered meeting this goal without reaching out to City of Miami certified M/WBE firmsb
the sub -trades, forr
Successful Respondent(s) shall be required to have an Affirmative Action Plan
Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as�if aend an
d.
Effective date of implementation must be indicated on the policy. mended.
Minority and women -owned business firms are encouraged, but not required,
with the City prior to submitting bids. The Purchasing DepartmentMirity register
Business Affairs Office, will provide the necessary forms and instructions upon request. Minority/Women
Respondents are urged to submit responses for any goods or services thattheyrabAll
y e able to
supply, regardless of minority classification. However, compliance with all requests for
information regarding Minority/Women Status or Participation is required. Respondent's
cooperation is greatly needed to aid the City in achieving its goal. Respondents may
contact the Purchasing Department at (305) 416-1913 for information.
17. First Source Hirin A reements
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 loan, 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 foliowing 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
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 a RPP 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 contract. 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 Contract, if awarded, the City may require
the Contractor and its subcontractors to periodically review its manpower needs and
resubmit First Source Hiring forms.
18. Local and Minoru /Woman Partici ation Re ortin
The City is collecting data on the participation of local, small and minority owned business.
Based on this ongoing effort the City requires that with the submission of the first payment
requisition for each RFP the Contractor shall submit the report entitled. "Local and
Minority/Women Participation" (Attachment 2). Failure to submit the report may delay the
issuance of payment to the Contractor. Contractor shall submit an updated report when a
subcontractor has been added or changed.
19. Cone of Silence:
Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence"
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at thme
the City Manager issues a written recommendation to the Miami City Commission. The
Cone of Silence shall be applicable only to Contracts for the provision of goods and
services and public works or improvements for amounts greater than $200,000. The Cone
of Silence rohibits an communication regarding RFPs, RFQs, RFLi or IFB (bids
between, among others: )
• Potential vendors, service providers, bidders, lobbyists or Consultants and the City's
professional staff including, but not limited to, the City Manager and the City
Manager's staff, the Mayor, City Commissioners, or their respective staffs, and any
members of the respective selection/evaluation committee;
• the Mayor, City Commissioners or their respective staffs and the City's professional
staff including, but not limited to, the City Manager and the City Manager's staff;
The provision does not apply to, among other communications:
• oral .communications with the City
Business Enterprise (M/WBE) and local prvendor o trea hchasing staffgarding programs,nprov died the
communication is limited strictly to matters of process or procedure already
contained in the solicitation document;
• the provisions of the Cone of Silence do not apply to oral communications at duly
- -_ noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City
Commission during a duly noticed public meeting; or
• Communications in writingor b pemail at an time with any City employee, official or
member of _ the .City Com�ss on .unless: seciffcaily prohIbter5 --fhe applicable
RFP, RFQ, or RPP or_bid documents. y Pp icable
• Communications in connection with the -Collection of- ifidustry comments or the
performance of market research regarding a particular RFP, RFQ, RFLi, IFB or RPP •
by City Purchasing or CiT staff.
Respondents must file a copy of any written communications with the Office of the City
Clerk, which shall be made available to any person upon request. The City shall respond
writing and file a copy with the Office of the City Clerk, which shall be made available to any
person upon request. Written communications may be in the form of e-mail, with a copy to
the Office of the City Clerk at JDHernandez miami ov.co .
In addition to any other penalties provided by law, violation of the Cone of Silence by an
Respondent shall render any award voidable. A violation by a particular Respondent o
lobbyist shall subject same to potential debarment pursuant to the City Code. n r
having personal knowledge of a violation of these provisions shall report such violation to
the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or
bidders should reference Section 18-74 of the City of Miami Ordinance No. 12271 for
further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please
review City of Miami Ordinance No. 12271 for a complete and thorough description of the
Cone of Silence. You may contact the City, a copy Clerk at (305)-250-5360to obtain of
20. Public Entity Crime
A person or affiliate who has been placed on the convicted proposer list following a
conviction for a public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a Response on a contract with a public
entity for the construction or repair of a public building or public work's project, may not
submit a response on a lease of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or Consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a
period of 36 months from the date of being placed on the convicted Bidder / Proposer list.
21. Fraud and Misrepresentation
Any individual, corporation or other entity that attempts to meet its contractual obligations
with the City through fraud, misrepresentation or material misstatement, may be debarred
for up to five (5) years. The City as a further sanction may terminate or cancel any other
contracts with such individual, corporation or entity. Such individual or entity shall be
responsible for all direct or indirect costs associated with termination or cancellation.
22. Collusion
Where two (2) or more related parties, as defined herein, each submit a response to an
RFP; such submissions shall be presumed to be collusive. The foregoing presumption may
be rebutted by the presentation of evidence as to the extent of ownership, control and
management of such related parties in preparation and submission under such RPPs.
Related parties shall mean employees or the principals thereof which have a direct or
indirect ownership interest in another firm t or in which a parent company or the principals
thereof of one Contractor have a direct or indirect ownership interest in another Contractor
for the same project. -._furthermore an _ii _.-__._e_.
- y prior--understanding;-agreement, or connection
between two or more corporations, firms, or persons submitting a bid for the services shall
also be presumed to be collusive. RFP Responses found to be collusive shall be rejected.
Pre -qualified contractors who have been found to have engaged in collusion may be
considered non -responsible, and may be suspended or debarred, and any award resulting
from collusive bidding may be terminated for default.
23, , Contractor- InArrears-of- -Default ------------ .—__.._
The Contractor represents and warrants that the Contractor is not in arrears to the City and
is not a defaulter as a surety or otherwise upon any obligation to the City. in addition the
contractor warrants that the Contractor has not been declared "not responsible" or
"disqualified" by or debarred from doing business with any state or local government entity
in the State of Florida, the Federal Government or any other State/local governmental entity
in the United States of America, nor is there any proceeding pending pertaining to the.
Contractor's responsibility or qualification to receive public agreements. The Contractor
considers this warrant as stated in this Article to be a continual obligation and shall inform
the City of any change during the term of the Contract.
24. Cancellation of Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when it is in the
best interest of the City.
Section 2 — General Terms and Conditions
'I. Definitions
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.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project.
Contract means the pre -qualification solicitation, and all attachments and addendum.
Contractor means the person, firm, 'or corporation with whom the City has contracted and
who will be responsible for the acceptable performance of any Work and for the payment of
all legal debts pertaining to any Work issued under this contract through the award of an
RPP. All references in the Contract Documents to third parties under contract or control of
Contractor shall be deemed to be a reference to Contractor. Contractor shall be either a
General Contractor or Single Trade Contractor as defined in this Article.
Contract Documents means this the Contract as may be amended from time to time, all
RPPs, addendum, clarifications, directives, clarifications, change orders, payments and
other such documents issued under or relating to an RPP
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the RPP Price or Time.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
Cure means the action taken by the Contractor promptly after receipt of written notice from
the City of a breach of the Contract Documents which shall be performed at no cost to the
City, to repair, replace, correct, or remedy all material, equipment, or other elements of the
Work or the Contract Documents affected by such breach, or to otherwise make good and
eliminate such breach, including, without limitation, repairing, replacing or correcting any
portion of the Work or the Project site disturbed in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt of written
notice to Cure from the City identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specification included as part of a
RFP prepared by the Consultant for this Project under a separate Agreement with the City.
Director means the Director of the Department of Capital Improvements and
Transportation or designee, who has the authority and responsibility for managing the
Project under this Agreement.
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 Construction Manager 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
Agreement as certified by the A/E or the City and submitted all documentation required by
the Agreement
General Contractor (GC) shall mean a Contractor who is licensed by Miami -Dade County
or the State of Florida to execute Work involving two (2) or more trades.
inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Contractor and of the Work performed by Contractor.
Materials means goods or equipment incorporated in a Project, or used or consumed in the
performance of the Work.
Multiple Trade Projects shall mean' where two or more trades are required to perform the
Work and more than one trade is considered as primary to compete the scope of the Work.
Notice To Proceed means a written letter or directive issued by the Director or City's
Project Manager identified in the RPP acknowledging that all conditions precedent have
been met and directing that the Contractor may begin Work on the Project or a specific task
of the Project.
--.----Plans._and/or_Dr-awings means_ the official..gr_aphic_representations of a Project.
Professional Services means those services within the scope of the practice of
architecture, professional engineering, landscape architecture, 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, landscape architect, or registered surveyor or
mapper in connection with his or her professional employment or practice.
Project Or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the RPP whether completed or partially completed,
and includes all other labor, materials, equipment and services provided or to be provided
by the Contractor to fulfill the its obligations, including completion of the construction in
accordance with the Drawings and Specifications. The Work may constitute the whole or a
part of the Project.
Respondent means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized
representative.
Request For information (RFI) means a request from the Contractor seeking an
interpretation or clarification relative to the RPP. The RFI, which shall be clearly marked
RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or
interpretation and why the response is needed. The RFI must set forth the Contractor's
interpretation or understanding of the document(s) in question, along with the reason for
such understanding.`
Request For Price Proposal hereinafter referred to as "RPP" shall refer to a document
issued by the City containing the Project scope of work to be performed and requesting
submittal of prices and other necessary information.
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.
RPP Price means the compensation to be paid to a Contractor for the work performed
under a RPP.
RPP Time means the time period defined in a RPP for the Contractor to complete the
Work.
Single Trade Contractor (STC) shall mean on who is licensed by Miami -Dade County or
the State of Florida in a specific trade(s) that are covered in this solicitation and hold a
current license such as electrical, roofing and the like if applicable.
Single Trade Protect shall mean where the work is totally or primarily to be performed by
one trade.
Subcontractor means a person, firm or corporation having a direct contract with Contractor
including one who furnishes material worked to a special design according to the Contract
Documents, but does not include one who merely furnishes Materials not so worked.
Submittal means documents prepared and submitted by the Respondent to pre -qualify
under this solicitation.
Substantial Completion means that point at which the Construction Work is at a level of
completion in substantial compliance with the Agreement 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.
2. Contract Term
The Contract shall commence on the first calendar day of the month succeeding
approval of the Contract by the City Commission, unless otherwise stipulated in the
Notice of Award Letter which will be distributed by CIT; and is contingent upon the
completion and submittal of all required documents. The Contract shall remain in
effect for a period of twenty-four (24) months. The City shall have the option to
renew the Contract for an additional three years on a year by year basis. The
decision of exercising the options to renew shall rest solely with the City.
(. Liquidated Damages
The Contractor is obligated and guarantees to meet the stipulated RPP Time(s) set
forth in a RPP. In the event of a delay in completion beyond the date set forth in the
RPP, the Contractor must submit a written request for an extension that states the
justification and number of days requested. This written request must be submitted
within two weeks, or such additional time as approved by the Project Manager in
writing, of the event as possible and prior to the completion date stipulated in the
RPP. The City shall consider all such requests made in a timely fashion, however if
the City determines that the cause of the delay was avoidable or if insufficient
justification is provided, the Contractor will be liable for liquidated damages as set
forth in the RPP. In as much as the amount of such damages and the loss to the
City will be extremely difficult to ascertain, it is hereby expressly agreed that such
damages will be liquidated and paid as follows:
• The Contractor shall pay to the City for each and every calendar day of unexcused
delay, the sum specified in the applicable RPP, which is hereby agreed upon not as
a penalty but as liquidated damages. The Contractor will be notified of any
exceptions (Attachment 1). The total amount of liquidated damages shall not
exceed the value of the applicable RPP.
• The City shall notify the Contractor that it is incurring liquidated damages
(Attachment 1).
• The City shall have the right to deduct liquidated damages assessments from any
payment due or which may thereafter become due to the Contractor under any
contract the Contractor has with the City. In case the amount, which may become
due hereunder, shall be less than the amount of liquidated damages due the City,
the Contractor shall pay the difference upon demand by the City.
• Should the Contractor fail to .compensate the City for any liquidated damages, the
City shall consider this as a form of indebtedness and may deny any future Work
under the Contract or any other City contract until such indebtedness is paid in full
to the City.
4, Qualifications
SCOPE
Each Contractor, at time of Submittal, and at all times during the term of the Contract, must
meet the requirements stated below. The Contractor shall submit all documentation
substantiating that they meet these qualifications at the time of Submittal. The City Inits
sole discretion may allow Contractors to submit missing data or request clarification during
the evaluation process. Failure to submit such additional information, within the tirne frame
established by the City may result in the rejection of a Contractor's submission for pre-
- ----qualification,-__Failure-to-continue -to'meetthe_minimum. requirements during the Contract
term may result in the termination of the Contractor's Contract with the City.
WORK
The trades covered under this contract include, but are not limited to the following:
Construction Trades Qualifying_ Board
(As administered by the Miami -Dade County Building Code Compliance Office)
List of Certification Categories
Electrical
*Journeyman Electrician *Master Electrician
*Journeyman Burglar Alarm *Master Burglar Alarm
*Journeyman Fire Alarm *Master Electric Utility
*Journeyman Sign Electrician *Master Fire Alarm
*Master Low Voltage
*Master Sign Electrician
Plumbing
*Journeyman Plumber *Master Plumber
*Journeyman Gas Fitter *Master Gas Fitter
*Master Lawn Sprinkler
*Master Swimming Pool Maintenance (Limited or Unlimited)
*Master Swimming Pool,Piping
Portable Chemical Toilets
Mechanical
*Journeyman Air Conditioning *Journeyman Pressure & Process Piping
'Journeyman Fire Sprinkler *Journeyman Refrigeration
*Journeyman Gasoline & Tank & Pump *Journeyman Room Air Conditioning
*Journeyman General Mechanical *Journeyman Sheet Metal
*Journeyman Heating *Journeyman Steam Generator Boilers & Piping
*Journeyman insulation *Journeyman Warm Air Heating
*Journeyman Pneumatic Control Piping
*Master Air Conditioning Limited :*Master Pressure & Process Piping
*Master Air Conditioning Unlimited *Master Refrigeration Limited
*Master Ammonia Refrigeration *Master Refrigeration Unlimited
*Master Elevator Maintenance & Service*Master Room Air Conditioning
*Master Gasoline Tank & Pump *Master Sheet Metal
*Master General Mechanical
*Master Heating
*Master Insulation
*Master Steam Generator Boiler & Piping
*Master Transporting Assembly Install
*Master Transporting Assembly Maint, & Service
*Master Pneumatic Control Piping *Master Warm Air Heating
Master Pneumatic Tube Conveyor Sys. ;Room Air Conditioning Installation Only
*Master Refrigeration & Air Conditioning
*Liquefied Petroleum Gas installer
*General Building Contractor
*Sub -Building Contractor
Canvas Awning
Caulking
*Communication Tower
Concrete Finishing
*Concrete Forming & Placing
*Concrete Slab Sawing & Core
*Demolition
Door
*Drywall_...__..
*Fence
Flagpole/Satellite
Flooring
Garage & Industrial Door
*'Glass & Glazing
Gypsum Drywall Installer
Exterior veneer
*Waterproofing
Liquefied Petroleum
Building
*Sub -General Building Contractor
Building Specialties
*Lathing & Plastering
Masonry & Decorative Fence
*Metal ,Awning & Storm Shutter
*Metal Decking & Siding
Metal Partition
*Miscellaneous Metals
Ornamental Iron
Painting
*Roof Deck
*Screen Enclosure
Sheet Metal Gutter & Downspout
Shower & Tub Enclosure
*Sign (Non -electric)
Store Fixtures & Cabinets
*Structural Steel Erection
______Par.king.. Strip._ Painting.____.....___. __ Swimming Pool
*Prieun7atfc Concreting & Pressure Grouting
*Pres-stressed Pre -cast Concrete Erection
Property Mgt. & Maintenance Traditional Thatched Hut
Public Seating Structure
*Reinforcing Steel Placing *Unit Masonry, Marble &
Gypsum Drywall Finish Roof Cleaning & Painting
—�insuiatCan & Acoustical-Tiie
Maintenance
*Building Maintenance *Mechanical Maintenance
*Maintenance Electrician *Plumbing Maintenance
*Examination Categories
NOTE: Vendors doing roof replacement must submit proof of Certified Manufacturer's Roofing System installer Certificate
with the number of warranty years of roofing system with each Request for Price Proposal(RPp)
As administered by the Miami -Dade County Public Works Department:
List of Certification Categories
0,1 - General Engineering
02 — Plant Construction
03 — Pipe Lines
04 — Structural
05 — Sea Walls & Small Docks
06 — Pile Driving & Foundations
07 — Paving
08 — Concrete Work
09 — Excavating & Grading
10 — Land Clearing & Grubbing
11 — Soil Compaction & Tamping
12 — Railroad Construction
13 — Underground Electrical &
Communication Conduits
14 — Fuel Transmission & Distribution Lines
16 — Asphalt Sealing (not roadway pavement)
17 — Direct Cable Burial (CATV)
MINIMUM QUALIFICATION REQUIREMENTS
• State of Florida, General Building or Engineering license registered with Miami -Dade
County, General Building or General Engineering Contractor license, or Specialty Trade
license.
• Minimum of five (5) years experience in the tradds for which the Contractor is seeking
pre -qualification. Pre -qualified firms must also be capable of self performing work
required for self -performance that will be included in a RPP.
• Phone number for twenty-four (24) hour, seven days a week facsimile communication.
• An e-mail address.
• An individual to answer telephone communications during normal working hours
(Monday thru Friday), and an answering machine. Note: Contractor (s) shall be aware
of the possible loss of business due to the Contractor being unavailable during normal
working hours (Monday thru Friday).
• Insurance certificate exhibiting the minimum requirements as required within Section iI
Article 9, "Insurance".
o Contractor's qualification for inclusion in this Contract is contingent upon the receipt
of the insurance documents within fifteen (15) calendar days after notification. If the
insurance certificate is received within the specified time frame but not in the
manner prescribed in this solicitation, the Contractor shall be verbally notified of
such deficiency and shall not be placed in an active status until such time as a
corrected certificate is submitted to the City. Contractors who are not or do not
remain in compliance will be listed as inactive and will remain inactive until all such
defects are corrected. Any Contractor placed in an inactive status shall loose their
current position in the established rotation and will be placed at the back of the
current rotation upon correction of the deficiency and returned to active status.
o The City may, at its sole discretion require additional or supplemental insurance.
Such requirements will be stated in any RPP issued requiring insurance in addition
to the requirements stated above.
REQUEST TO PARTICIPATE CHECK LiST
• Request To Participate Form
o Dated
o Signed
o Correct contact number
o Correct License Number(s) — Expiration Date(s)
o Bond Capacity (if any / none)
• Copies of all claimed licenses
• Copy of general liability insurance certificate(s)
• Executive firm's responsibility affidavit
5. Time is of the Essence
Contractor will promptly perform its, duties under the Contract and will give the Work as
much priority as is necessary to cause the Work to be completed on a timely basis in
accordance with the RPP. All Work shall be performed strictly (not substantially) within the
time limitations necessary to maintain the critical path and all deadlines established in the
RPP.
All dates and periods of time set forth in the RPP, including those for the commencement,
prosecution, interim milestones, milestones, and completion of the Work, and for the
delivery and installation of materials and equipment, were included because of their
importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the RPP Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 75, Excusable Delays, the Contractor understands that,
except and only to the extent provided otherwise in the Contract Documents, the
occurrence of events of delay within the Contractor's, control, the Work shall'not excuse the
Contractor from its obligation to achieve full completion of the Work within the RPP Time,
and shall not entitle the Contractor to an adjustment. All parties under the control or
contract with the Contractor shall include but are not limited to materiaimen and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project site for the full duration of the Project to ensure the
timely completion of the Work..
6. Notices
Whenever either party desiresTa give Wi i tern Notice unto the other felating to this Contract,
such must be addressed to the party for whom it is intended at the place last specified; and
the place for giving of notice shall remain such until It ,shall have been changed by written.
notice in compliance with the provisions of this Article. Notice shall be deemed given on the
date received or within 3 days of mailing, if mailed through the United States Postal
Service. Notice shall be deemed given on the date sent via a-mailor facsimile. Notice
shall be deemed given via courier/delivery service upon the initial delivery date by the
courier/delivery service. F 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 (CIT)
City of Miami
444 S.W. 2nd Avenue., - 8th FI
Miami, Florida 33130
For Contractor:
(To Be Determined)
For each individual Project the Contractor shall maintain continuing communications with
City employees designated by the City in the RPP. The Contractor shall keep the City fully
informed as to the progress of the Project at all times. The Contractor shall do so through
ongoing communications with the Project Manager, and written communication, as required
by the Project Manager.
7. • Priori#v Of Provisions
If there is a conflict or inconsistency between any term, statement requirement or provision
of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into the Contract Documents by reference and a term, statement, requirement,
the specifications and plans prepared by the Consultant, or provision of the Contract
Documents the following order of precedence shall apply:
in the event of conflicts in the Contract Documents the priorities stated below shall govern;
• Revisions to the Contract shall govern over the Contract
• The RPP shall govern over the Contract
• Addendum to an RPP shall govern over a RPP
In the event of conflicts within the RPP the priorities stated below shall govern:
• Scope of Work and Specifications shall govern over plans and drawings
• Schedules, when identified as such shall govern over all other portions of the plans
Specific notes shall govern over all other notes, and all other portionsof the plans,
unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
• Figured or numerical dimensions shall govern over dimensions obtained by scaling
• Where provisions of codes, manufacturer's specifications or industry standards are
in conflict, the more restrictive) or higher quality shall govern
8. Indemnification
Contractor 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, ence recklessness or
intentional wrongfu mrscon uct o `Cnn racleir and persons employed' or utilized by
Contractor 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, Contractor shall, upon written notice from City, resist
---and defend such action -or proceeding --by -counsel-satisfactory--toamity:- T-he--Contractor
expressly understands and agrees that any insurance protection required by this Contract
or otherwise provided by Contractor 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 Contractor to defend at its own expense
to and through appellate, supplemental or bankruptcy
defense, at City's option, any and all claims of liability and all suits and proceeding, or to actions ofrovideresuch
very
name and description which may be brought against City whether performed by Contractor,
or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of this 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 and/or §725.08, Fla. Statue.
Contractor shall require all Sub -Contractor agreements to include a provision that they
indemnify the City. will
The Contractor agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any actions or omissions of the Contractor in which
the City participated either through review or concurrence of the Contractor's actions. to
reviewing, approving or rejecting any submissions by the Contractor or other acts of the
Contractor, the City in no way assumes or shares any responsibility or liability of the
Contractor or Sub -Contractor, under this Agreement.
9. Insurance
9.2.7.
9.2.8.
9.2.9.
9.2.10.
9. 2.11.
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Work to be performed under this
Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
9.11. Workers' Compensation insurance to apply for all employees in compliance
with the "Workers' Compensation Law" of the State of Florida and all
applicable federal laws. In addition, the policy(ies) must include:
9.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars each bodily injury caused byan 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.
9.1.2 Waiver of subrogation
9..2. Comprehensive General 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. 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:
9. 2.1. Premises and/or Operations.
9. 2.2. Independent Contractors.
9. 2.3. Products and/or Completed Operations for contracts with an
Aggregate Limit of Two Million Dollars ($2,000,000.00) per
project. Contractor 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.
9.2.4. Explosion, Collapse and Underground Coverages.
9.2.5. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
9.2.6. 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 Contractor or acts or omissions of Contractor in
connection with general supervision of such operation.
Contractual Liability.
Waver of Subrogation.
Personal and Advertising Injury.
Loading and Unloading.
Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor.
9.3. 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:
9.3.1. Owned Vehicles.
9. 3.2. Hired and Non -Owned Vehicles.
9. 3.3. Employers' Non -Ownership.
9.3.4 Employees included as insured
9.3.5 City of Miami as Additional insured
9.4. Umbrella Policy
9. 4.1. 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).
9.4.2. Products/Completed operations aggregate limit of Two Million
Dollars ($2,000,000).
Excess coverage over the policies as follows:
'. Commercial General Liability
Business Automobile Liability
9. 5. Installation Floater for the installation of machinery and/or equipment into an
existing structure is required. The coverage shall be "All Risk" coverage
including instafatiorland. 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.
9.5.1. Cessation of Insurance --Coverage Is not to cease and is to
remain-- in force __(subjecL_.ta....cancellation _. notice) until final
acceptance by City.
9. 5.2. 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.
9.1.6. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily
Injury & Property Damage Liability shall be in the amounts of $1,000,000.00
for each occurrence and $1,000,000.00 in the aggregate
9.1.7 Employer's Liability — Limits of Liability
$500,000 for bodily injury caused by accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
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 (30) days notice of cancellation and/or restriction.
Contractor shall furnish to the Capital Improvement Department 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.
10. General Requirements
The employee(s) of the Contractor 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 Contractor agrees that the Contractor 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 Contractor 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 Contractor 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.
The Contractor 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 site at all times.
The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of the applicable RPP.
Contractor shall bear all losses resulting to it on account of the amount or character of the
Work, or the character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as
will ensure the least practicable local interference. Contractor shall not open up Work to the
prejudice of Work already started, and the Project Manager may require the Contractor to
finish a section on which Work is in progress before Work is started on any additional
section.
11. Method of Performing the Work
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 or Consultant, the Contractor is not proceeding with the
Work diligently or expeditiously or is not performing all or any part of the Work according to
the Project schedule accepted by or determined by the Project Manager or Consultant, the
Project Manager or the Consultant shall have the right to order the Contractor 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 within the specified time.
The Contractor 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 contractor and
deduct such cost from any monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be
loaded beyond the capacity recommended by the vehicle manufacturer or permitted by
Federal, State or local law(s). When it is necessary to cross curbing or sidewalks,
protection against damage shall be provided by the Contractor and any damaged curbing,
grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to
the satisfaction of the Project Manager or Consultant.
The Contractor shall furnish to the Project Manager and the Consultant a complete listing of
24-hour telephone numbers at which responsible representatives of the Contractor and all
of the Contractor's Subcontractor 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 or 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 Contractor shall familiarize itself with normal City operations where the Work is to be
performed so that it can conduct the Work in the best possible manner to the complete
satisfaction of the 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 lnvesti afiorrand-Re eittattOir-- — --
The Contractor acknowledges that it has satisfied Itself as to the nature and location of the
Work under an RPP, the general and local conditions, particularly those bearing upon
availability of transportation, disposal, handling and storage of materials, _availability of
labor, water, electric pow an�c roads, the- conformation andond
citions at the ground
based on City provided reports, the type of equipment and facilities needed preliminary to
and during the prosecution -of the- Vc k-anti-all-othefmatters-which—eat ire any affect
the Work or the cost thereof under the RPP and the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical
reports the City may provide and inspection of the Project site 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 the RPP.
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project site will not relieve Contractor from responsibility
for properly estimating the difficulty or cost thereof under the RPP. In the event that the
actual subsurface conditions vary from the actual City provided reports the Contractor shall
notify the City and the RPP amount may be adjusted up or down depending on the
conditions.
14. Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of an RPP,
and shall notify the Project Manager and the Consultant of all errors, omissions and
discrepancies found therein within three (3) calendar days of discovery. Contractor will not
be allowed to take advantage of any error, omission or discrepancy, as full instructions will
be furnished the Project Manager or by Consultant. Contractor shall not be liable for
damages resulting from errors, omissions or discrepancies in the RPP unless Contractor
recognized such error, omission or discrepancy and knowingly failed to report it to Project
Manager or Consultant.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever
nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no
additional cost to the City any Work, materials, equipment, or supplies damaged, lost,
stolen, or destroyed from any cause whatsoever.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in
the case of accidents, for first aid service to person who may be injured during the Project
duration. The Contractor shall also comply with the OSHA requirements as defined in the
United States Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager and Consultant
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
Contractor shall be solely responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with a Project. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
• All employees on the Project site and other persons who may be affected thereby;
• All the
Work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project site; and
• Other property at the Project Site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
_Contractor shall designate a responsible member of its organization at the Project site
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Project Manager.
Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders
of any public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss; and shall erect and maintain all necessary safeguards for such
safety and protection. Contractor shall notify owners of adjacent property and utilities when
prosecution of the Work may affect them. All damage, injury or Toss to any property caused
directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be liable,
shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and
protection of the Work shall continue until such time as all the Work is completed and
Project Manager or Consultant has issued the Contractor a notice of Final Acceptance,
Contractor must adhere to the applicable environmental protection guidelines for the
duration of a Project. If hazardous waste materials 'are used, detected or generated at any
time, the Project Manager must be immediately notified of each and every occurrence. The
Contractor shall comply with all codes, ordinances, rules, orders and other legal
requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade
County, State of Florida, and Florida Building Code), which bear on the performance of the
Work.
The Contractor shall take the responsibility to ensure that all Work is performed using
adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing,
scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights,
and ladders that are necessary for the protection of its employees, as well as the public and
City employees. All riggings and scaffolding shall be constructed with good sound
materials, of adequate dimensions for their intended use, and substantially braced, tied or
secured to ensure absolute safety for those required to use it, as well as those in the
vicinity, All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders
and similar actions or equipment shall be OSHA approved, as applicable, and in
accordance with all federal state and local regulations.
If an emergency condition should develop during a Project, the Contractor must
immediately notify the Project Manager and Consultant of each and every occurrence. The
Contractor should also recommend any appropriate course(s) of action to the Project
Manager and the Consultant.
18. Occupational Health and Safety:
In compliance with Chapter 442, Florida Statutes, any toxic substance fisted 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, necessar
y 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.
19. Labor and Materials
Unless otherwise provided herein, Contractor 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.
Contractor shall at all times enforce strict discipline and good order among its employees
and subcontractors at the Project site and shall not employ on the Project any unfit person
or anyone not skilled in the work to which they are assigned.
20. Rules, Regulations, and Licenses
The successful Contractor shall comply with all laws and regulations applicable to provision
of services specified in this Contract or RPP. The Contractor shall be familiar with all
federal, state and local laws that may in affect the goods and/or services offered.
21. Consultant Services
The City, at its sole discretion may hire a Consultant who shall serve as the Owner's
Representative for the Project to be performed under an RPP. The RPP will state that an
Owner's Representative has been contracted with for the management of the Work under
the RPP and who will be the lead point of contact, the Consultant or the Project Manager..
Where a Consultant has been identified, the Consultant and the Project Manager will have
authority to act on behalf of the City to the extent provided in the Contract Documents and
as outlined in Article 25, Authority of the Project Manager.
On the basis of the on -site observations, the Consultant will keep the Project Manager
informed of the progress of the Work. In the capacity of interpreter, the Consultant will
exercise the best efforts to ensure faithful performance by both the Project Manager and
the Contractor and will not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine the
date or dates of Substantial Completion and Final Acceptance and will receive and review
written warranties and related documents required by the Contract and the RPP. The
Consultant will be responsible for receiving all documentation for review and acceptance.
Upon acceptance such documentation will be forwarded to the Project Manager. The
Project Manager will approve Schedules of Values, Progress Schedules, subcontractors
and invoices.
The duties, responsibilities and limitations of authority of the Consultant and the Project
Manager during construction as set forth in the Contract will not be modified nor extended
without written consent of the Contractor, the Consultant and the Project Manager.
The City may contract for additional consultant services, including but not limited to
construction examination and observation services. Such services are intended to be
additional services and are not intended to and shall not be construed to supplant or alter
the role and responsibilities of the Consultant, .- _ __________
In case of the termination of employment of the Consultant,
discretion,appointthe City may, at its sole
another Consultant, whose status under the Contract shall be as that of
the former Consultant.
22. Project Management--
Where a Contractor is awarded Work,the Contractor shall be responsible
management;'inclang any arid —all subcorxtracts ne_.uret for all project
hat theis
performed in accordance with the Contract and the RPP to Project Managementork sha
ll
include, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating
the securing of all permits; obtaining licenses and inspections; ensuring that subcontractors
comply with all City requirements; performing the Work in accordance with the Contract and
RPP to the satisfaction of the Project Manager; paying all subcontractors; obtaining release
of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or.
Completion.
23. Superintendence and Supervision
The orders of City are given through Consultant or Project Manager where one is identified
in an RPP, which instructions are to be strictly and promptly followed in every case.
Contractor shall keep on the Project during its progress, a full-time competent English
speaking superintendent and any necessary assistants, all satisfactory to Project Manager
or Consultant. The superintendent shall not be changed except with the written consent of
Project Manager or Consultant, unless the superintendent proves to be unsatisfactory to
Contractor and ceases to be in its employ. The superintendent shall represent Contractor
and all directions given to the superintendent shall be as binding as if given to Contractor
and will be confirmed in writing by Project Manager or Consultant upon the written request
of Contractor. Contractor shall give efficient supervision to the Work, using Its best skill and
attention. The Project Manager and the Consultant shall be provided telephone number(s)
for the superintendent where the superintendent can be contacted during normal working
hours as well as after hours for emergencies.
On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall
record, at a minimum, the following information in a bound log: the day; date; weather
,', conditions and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials, labor, personnel,
equipment and subcontractors at the Project site; visitors to the Project site, including
representatives of the City, Consultant, 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 site and shall be available at all times for inspection and copying by Project
Manager and Consultant.
The Project Manager, Contractor and Consultant shall meet at least weekly or as otherwise
determined by the Project Manager, during the course of the Work to review and agree
upon the Work performed and outstanding issues: The Contractor shall publish, keep, and
distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of prosecuting the Work, finds any discrepancy between the
RPP and the physical conditions of the locality, or any errors, omissions, or discrepancies in
the Plans, it shall be Contractor's duty to immediately inform Project Manager and
Consultant, in writing, and Project Manager or Consultant,
Any Work done after such discovery, until authorized, will be done at Copromptly
tractor's sole risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents and RPP. Contractor shall be solely
responsible for the means, methods' techniques, sequences and procedures of
construction.
24. Authorit of the Pro ect Mana er
The Director hereby authorizes the Project Manager or the Consultant designated in the
RPP---to-determine,- ail 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 interpretatio WorlJ
The Contractor 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 an/or
Consultant, including the withdrawal or modification of any previous order, and regardless
of whether the Contractor agrees with the Project Manager's and/or Consultant's
determination or requests. Where requests are made orally, the Project Manage 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. Alt
instructions to the Contractor shall be issued in writing. All instructions to the Contractor
shall be issued through the Director, Project Manager or the Consultant.
The Project Manager and Consultant shall have access to the Project Site at all times. The
Contractor 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 and Consultant will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
•
connection with the Work, and will not be responsible for the Contractor's failure to carry out
the Work in accordance with the RPP.
The Project Manager and Consultant will have authority to reject Work that does not
conform to the Contract and RPP requirements. Whenever, in his or her opinion, it is
considered necessary or advisable to ensure the proper completion of the RPP. 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 to any
duty or responsibility of the Project Manager or Consultant to the Contractor, any
subcontractor, supplier or any of their agents, employees, or any other person performing
any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents and the RPP.
The Project Manager and Consultant will not be responsible for the acts or omissions of the
Contractor, any Subcontractor, or any of their agents or employees, or any other persons
performing any of the Work.
25. inspection of Work
Consultant, Inspectors, and City shall at all times have access to the Work during normal
work hours, and Contractor shall provide proper facilities for such access and for
inspecting, measuring and testing.
Should the Contract Documents, ' the RPP Consultant/Inspector Project Manager's
instructions, any laws, ordinances, or any public authority require any of the Work to be
specially tested or approved, Contractor shall give Project Manager and Consultant timely
notice of readiness of the Work for testing. If the testing or approval is to be made by
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 Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals with the City's testing laboratory or entity. The Contractor 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 Contractor. 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, and RPP Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the City or separate contractors caused by
the Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, nor to relax any of the
provisions of the Contract Documents or RPP nor 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 Consultants.
The payment of any compensation, whatever may be its character or form, or the giving
any gratuity or the granting of any favor by the Contractor to any Inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute
a breach of this Contract.
26. Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor 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 or the Consultant will notify
the Contractor of all ongoing projects or projects scheduled to commence during the Work
that may require coordination. The Contractor shall be responsible for coordinating, the
Work with any other project to minimize any potential adverse impact. Contractor shall not
be entitled to any days of delay for failure to properly coordinate the Work. The Consultant
and the Project Manager will assist the Contractor in coordinating the Work. However, the
sole responsibility for coordination rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the work of
any other persons, Contractor shall inspect and promptly report to Project Manager and
Consultant any defects in such work that render it unsuitable for such proper execution and
results. Contractor's failure to so inspect and report shall constitute an acceptance of the
other person's work as tit and proper for the reception of Contractor's Work, except as to
defects which may develop in other contractor's work after the execution of Contractor's
Work.
Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on any other contractor
____on .the site. Should such interference _or impact occur, .Contractor shall be liable to the
affected contractor for the cost of such interference or impact.
To ensure the proper execution of subsequent work, Contractor shall inspect the Work
already in place and shall at once report to Project Manager and Consultant any
discrepancy between the executed work and the requirements of the RPP.
28. Lands of Work
City shM Providi, as -may beindicated in the RPP, the lands upon which the Work is to be
performed, rights -of -way and easements for access thereto and such other lands as are
designated by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any
additional land and access thereto that may be required for temporary construction
facilities, or for storage of materials. Contractor shall furnish to City copies of written
permission obtained by Contractor from the owners of such facilities.
29. Coordination of Work
The Project Site may be occupied and may operate on a twenty-four hour seven day a
week schedule. Contractor shall ensure that the performance of the Work does not impact
any ongoing operations at Project site, which also includes the delivery of any materials and
equipment. Access to and egress from the Project Site shall be coordinated with the
Project Manager and the Consultant to minimize interference to regular and emergency
operations of the facility.
Contractor may be required to coordinate the Work with other contractors performing work
at the Project site.
30. Mounting Heights
Where mounting heights are not indicated, the Contractor shall mount individual units at
industry recognized standard mounting heights for the particular application indicated; and,
refer questionable mounting height choices to the Consultant or Project Manger for final
decision.
31. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project site which differ materially from those shown in the RPP
and from those ordinarily encountered and generally recognized as inherent in work of the
character called for in the RPP; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and generally
recognized as inherent in work of the character called for in the RPP, Contractor, without
disturbing the conditions and before performing any Work affected by such conditions,
shall, within twenty-four (24) hours of their discovery, notify the Project Manager and
Consultant in writing of the existence of the aforesaid conditions. Project Manager and the
Consultant shall, within two (2) business days after receipt of Contractor's written notice,
investigate the site conditions identified by Contractor. If, in the sole opinion of Project
Manager or the Consultant , the conditions do materially so differ and cause an increase or
decrease in Contractor's cost of, or the time required for, the performance of any part of the
Work, whether or not charged as a result of the conditions, Project Manager or Consultant
shall recommend an equitable adjustment to the RPP Price or RPP Time, or both. If the
Project Manager and Contractor cannot agree on an adjustment in the RPP Price or RPP
Time, the adjustment shall be referred to the Director for determination. Should the Director
determine that the conditions of the Project site are not so materially different to justify a
change in the terms of the RPP, the Director shall so notify the Project Manager,
Consultant, and Contractor in writing, stating the reasons, and such determination shall be
final and binding upon the parties hereto.
No request -by Contractor for an equitable adjustment to the RPP under this provision shall
be allowed unless Contractor has given written notice in strict accordance with the
-provisions of this Article. No request for an equitable adjustment or change to the •RPP price
or RPP time for differing site conditions shall be allowed if made after the date certified by
Consultant or ProjectManageras the date of substantial completion.
32. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the
Drawings. The locations shown are taken from existing records and the best Information
available from existing plans and utility investigations; however, It is expected that there
may be some discrepancies and omissions in the locations and quantities of utilities and
structures shown. Those shown are for the convenience of the Contractor only, and no
responsibility is assumed by 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 Contractor shall explore sufficiently ahead of the Work to allow
time for any necessary adjustments The Contractor must coordinate all utility locations
through "Sunshine State One Call of Florida, Inc.'.
33. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway,
telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation
systems, the Contractor shall make all arrangements necessary for the protection of these
utilities and services or any other known utilities.
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 Contractor and his 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 Contractor for damages
as a result of the Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as
a result of accidental breakage due to construction operations, promptly notify the proper
authority. Cooperate with said authority in restoration of service as promptly as possible
and bear all costs of repair. In no event shall interruption of any utility service be allowed
unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor
may, by obtaining prior approval of the water utility, cut the service, dig through, and restore
the service with similar and equal materials• at the Contractor's expense and as approved
by the Project Manager or Consultant.
Replace, with material approved by' the Project Manager or Consultant, at Contractor's
expense, any and all other laterals,' existing utilities or structures removed or damaged
during construction, unless otherwise provided for in the RPP and as approved by the
Project Manager or Consultant.
Replace with material approved by the Project Manager or Consultant, at Contractor's
expense, any existing utilities damaged during the Work
34. interfering Structures
Take necessary precautions to prevent damage to existing structures whether on the
surface, above ground, or underground. An attempt has been made to show major
structures on the furnished Drawings. While the information has been compiled from the
best available sources, its completeness and accuracy cannot be guaranteed, and is
presented as a guide. The Contractor shall field verify all locations.
35. 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 Contractor's expense. if existing structures are encountered that will
prevent construction as shown, the Contractor 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 Contractor fails to notify the Project Manager or Consultant when an existing
structure is encountered, and proceeds with the Work despite this interference, the
Contractor does so at his own risk.
36. Contractor's Use of Work Site
Limitations may be placed on the Contractor's use of the Project site and such limitations
will be identified by the Project Manager. in addition to such limitations, the Project
Manager may make storage available to the Contractor at his sole discretion based on
availability of space. The Contractor shall also coordinate and schedule deliveries so as to
minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site, so as to allow for the City's continuous
operation. This is necessary, as the Project Site may remain in operation during the Work.
•
• The Contractor shall:
• Confine operations at the Project site to the areas permitted by the Project Manager
or Consultant; not disturb portions of the Project site beyond the specified areas;
• conform to Project site rules and regulations affecting the Work.
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.
Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its vehicles
while performing Work for the City and/or while parked or stored at a City facility.
The City assumes no liability for damage or loss to the items specified in this
paragraph.
Access to parking and egress from the Project site shall be subject to the approval of the
Project Manager.
37 Warrant of Materials and E ui ment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the RPP and
Contract/Documents. 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, Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within the Contract Documents.
38. Material and Equipment ehe.,.. �__. ...
n Store e and Protection
--Prep-ma/ion-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::A71-assernblres are`tb-b ady t} Contractor at no
additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be
•
protected with an application of a strippable protective coating, or other approved protective
method.
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 Contractor 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.
Receiv gi
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Contractor -Supplied and City-Suppliedmaterials and
equipment shall be included in the prices bid and no extra compensation will be allowed.
Inspection
Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall
inspect for completeness and any evidence of damage during shipment. Citysupplied
equipment and material shall be inspected and inventoried together with City'Inspector.
Should there appear to be any shortage or damage, the Project Manager or Consultant
shall be immediately notified; and the Contractor shall be fully responsible for informing the
manufacturers and the transportation company of the extent of the shortage or damage. if
the item or items require replacing or supplying missing parts, the Contractor shall take the
necessary measures to expedite the replacement or supply the missing parts.
Handling
Equipment and materials received for installation on this Project 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 Contractor's insurance shall adequately cover the value of materials delivered but not
yet incorporated into the Work.
lnvento Control
Equipment and materials shall be stored in a manner to provide easy access for inspection
and inventory control. The Contractor shall keep a running account of all materials In
storage to facilitate inspection and to estimate progress payments for materials delivered
but not installed in the Work.
E ui ment's Maintenance Prior to Acce tance b the Cit
Provide the required or manufacturer's recommended maintenance during storage, during
the installation, and until such time as the City accepts the equipment far 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
Contractor at his own expense, where directed by the Project Manager or Consultant, and
shall remain the property of the City. All other material shall be disposed of by the
Contractor at his own expense.
39. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by the )PP, Contractor shall submit manufacturer's printed
instructions for delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract Documents
including the RPP.
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.
Install each unit or section of Work during favorable weather conditions, which shall ensure
the best possible results in coordination with the entire Project and isolate each unit of Work
from incompatible Work as necessary to prevent potential interference among each section
and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize
the necessity of uncovering Work for that purpose.
When required by the RPP or the manufacturer, a qualified representative shall be present
to observe field conditions, conditions of surface -and installation quality.of workmanship,
and applications. Manufacturer's representative shall provide the Contractor and the
Project Manager or Consultant a written teport of --..
40. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or
implied, shall be made available to the City for material and equipment covered by this
Contract Documents. All material and equipment furnished shall be fully guaranteed by the
Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may supersede the
manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project.
41. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of
values, and any and all other submittals to make sure they comply with the Contract
Documents prior to submission to the Project Manager or Consultant.
Contractor by approving and submitting any submittals, represents that they have verified.
the accuracy of the submittals, and they have verified all of the submittal information and
documentation with the requirements of the Contract Documents, At time of submission the
Contractor shall advise the Contractor in writing of any deviations from the Contract
Documents, Failure of the Contractor to advise the Project Manager or Consultant of any
deviations shall make the Contractor solely responsible for any costs incurred to correct,
add or modify any portion of the work to comply with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following information:
• Number and title of drawing, including RPP title and Number
• Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each
sample label to certify compliance with the requirements of the RPP. Shop drawing
submitted without the stamp and signature shall be rejected and it will be considered that
the Contractor has not complied with the requirements of the Contract Documents.
Contractor shall bear the risk of any delays that may occur 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 Contractor. ,
Project Manager or Consultant shall make every effort to review submittals within fourteen
(14) calendar days from the date of 'receipt by the Project Manager or Consultant. Project
Manager or Consultant's review shall only be for conformance with design concepts and the
__information provided in the RPP. The approval of a separate item shall not constitute
--approvai-of-an- assembly -in -which- the - item -functions. The Project Manager or Consultant
shall return the shop drawings to the Contractor for. their use and distribution.
Acceptance of any submittal shall not relieve the: Contractor of any responsibility for any
deviations from the requirements of the RPP unless the Contractor has given written notice
to the ,Project Manager or Consultant of the specific deviations and the Consultant has
issued written approval of such deviations,
By approving and submitting Shop Drawings, Product Data and Samples, th
e y Contractor
represents that all materials, field measurements and field construction criteria related
thereto have been verified, checked and coordinated with the requirements of the Work and
have been verified, checked and coordinated with the RPP.
Contractor 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-
contractor, suppliers, and other affected parties or entities that require the information.
The Contractor shall also provide copies of all plans approved and permitted by the
required governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all
submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor
warrants the adequacy for the purpose intended of any shop drawings or portion of a shop
drawing that alters, modifies or adds to the requirements of the RPP.
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.
42. Shop Drawings
Contractor shall submit Shop Drawings as required by the RPP. The purpose of the Shop
Drawings is to show, in detail, the suitability, efficiency, technique of manufacture,
installation requirements, details of the item, and evidence of its compliance or
noncompliance with the RPP.
Within five (5) calendar days after City's award of an RPP, Contractor shall submit to
Project Manager or Consultant a complete list and submittal log of items for which Shop
Drawings are to be submitted and shall identify the critical items and all submittal dates.
Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor
from submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the RPP. This procedure is required in order to expedite final approval of
Shop Drawings.
After the approval of the list of items required in RPP above, Contractor shall promptly
request Shop Drawings from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the Shop Drawings and each and every copy
shall show its approval thereon. Contractor shall submit three (3) sets of shop drawings.
if the Shop Drawings show or indicate departures from the RPP's, Contractor shall make
specific mention thereof in its letter of transmittal. Failure to point out such departures shall
not relieve Contractor from its responsibility to comply with the Contract and Documents.
Project Manager or Consultant shall review and accept or reject ,with comments, Shop
Drawings within fourteen (14) calendar days from the date received. Project Manager's or
Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and
construction of the work, nor for the furnishing of materials or work required by the RPP and
not indicated on the Shop Drawings. No work called for by Shop Drawings shall be
performed until said Shop Drawings have been approved by Project Manager and/or
Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions
of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate the design. It
is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting
and/or interdependent items, check them and then make one submittal to Project Manager
and/or Consultant along with its comments as to compliance, noncompliance, or features
requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear,
thoroughly detailed and shall have listed on it all RPP 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 and/or Consultant are
entitled to rely upon the accuracy and completeness of such calculations and certifications
submitted by the Contractor. Calculations, when required, shall be submitted in a neat
clear and easy format to follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
43. Product Data
, Contractor shall submit four (4) copies of product data, warranty information and operating
' and maintenance manuals. Each copy must be marked to identify applicable products,
models, options and other data. Contractor shall supplement manufacturer's standard data
to provide information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify
pertinent products, with references to the specifications and the RPP. Identify reference
standards, performance characteristics and capacities, wiringand controls, component parts, finishes, dimensions and required clarances piping
diagrams and
Contractor shall submit a draft of all product data, warranty information and operatin and
maintenance manuals at 50% completion of construction. g
44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product s
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project site one record copy and one permit
set of the RPP, including, but not limited to, all Drawings, Specifications, amendments,
Change Orders, RFIs, and Field Directives, 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_ _constructioJ-The record.. RPp_ documents_ shall .: be
con in—uously updatedd by-Contralbrthragriairtlie prosecutiorii of thelN455ito accurately
reflect all field changes that are made to adapt the Work to field conditions, changes
resulting from Change Orders, Construction Change Directives, and Field Directives as well
as all written interpretations and clarifications, and all concealed and buried Installations of
piping;-conduit--and-utility-services,-Contractor-shall-certify-the accuracy--of--the updated
record RPP documents. As -a condition precedent to City's obligation to pay. Contractor, the
Contractor shall_provide evidence„_satisfactory tothe Project Manager and the Consultant,
that Contractor is fulfilling its obligation to continuously update the record RPP. All buried
items, outside the Project site, shall be accurately located on the record RPP as to depth
and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The record RPP documents shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in red. The record RPP documents
shall be available to the City and the Consultant for reference. Upon completion of the Work
and as a condition precedent to Contractor's entitlement to final payment, the record RPP
documents shall be delivered to the Project Manager or Consultant by the Contractor . The
Record Set of Drawing shall be submitted in both hard copy and as electronic plot files.
46. Su Iemental Drawin s 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 RPP
or its performance, provided such Supplemental Instructions involve no change in the RPP
Price or the RPP 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
an RPP, the written portion shall govern.
47. Contractor Furnished Drawings
An RPP may require the Contractor to furnish design, shop and/or as -built drawings
depending on the nature and scope of the Work to be performed. The following applies to
the different types of drawings.
The 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 RPP 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 rslieve the Contractor from responsibility for errors and
omissions in the drawings.
48. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shalt be the sole
responsibility of the Contractor to bring to the immediate attention of the Project Manager
any discrepancies between the drawings and existing conditions, excluding hidden or
unforeseen conditions, discovered prior to commencing and during the Work. The
Contractor shall be solely responsible for verifying the accuracy of the drawings prior to
commencing the Work, and shall be responsible for any errors or revisions of the Work,
which might have been avoided by notifying the City prior to commencement. This shall
also apply to any revisions or omissions identified by the Contractor. The Contractor shall
submit all requests for information utilizing Attachment 20, entitled Request For
Information (RFI). The City shall respond to all RFi's in writing utilizing Attachment 21.
The Contractor shall have no basis for any claim for additional costs resulting from their
failure to identify any required revisions, omissions and/or errors, not identified in writing to
the Project Manager or Consultant prior to commencing the Work.
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, 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 Contractor agrees to abide by the Project
Manager's or Consultants interpretation and perform the Work in accordance with the
decision of the Project Manager or the Consultant. In such event, the Contractor will be
held to have included in its RPP Price the best materials suitable for the purpose and/or
methods of construction. The Contractor shall submit all requests for interpretations
utilizing Attachment 20, entitled Request For information. The Project Manager or
Consultant will respond to the Contractor's request utilizing Attachment 21.
50. Product Tests
All tests required to be performed by the Contractor, shall be made at the expense
of the Contractor.
51: Field Directives
The Project Manager or Consultant may at times issue field directives to the Contractor
based on visits to the Project Site. Such Field Directives shall be issued in writing and the
Contractor shall be required to comply with the directive. Where the Contractor believes
that the directive is outside the scope of the Work, the Contractor shall, within 48 hours,
notify the Project Manager or Consultant that the work is outside the scope of the Work. At
that time the Field Directive may be rescinded or the Contractor may be required to submit
a request for a change to the RPP. Where the Contractor is notified of the City's position
that the Work is within the scope and the Contractor disagrees, the Contractor shall notify
the Project Manager or Consultant that the Contractor reserves the right to make a claim for
the time and monies based on the Field Directive. At no time shall the Contractor refuse to
comply with the directive. Failure to comply with the directive may result in a determination
that the Contractor is in default of the Contract.
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 an RPP 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 this
Project must be accomplished by means of appropriate Field Orders and Supplemental
Instructions or Change Orders.
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.'
53.----Cantinuinq _the_Work__
Contractor shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with City, including disputes or disagreements concerning a request for a
Change Order, a request for a change in the RPP price or RPP 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 which are
not properly the subject of Field Orders or Supplemental Instructions, including all changes
resulting in changes in the RPP Price, or the RPP 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 RPP Price or RPP Time, and a Change Order has not been issued, City reserves the
right at its sole option to either terminate the RPP 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 95, Resolution of Disputes.
During the pendency of the dispute, and upon receipt of a Change Order approved by City,
Contractor shall promptly proceed with the change in the Work involved and advise the
Project Manager, Consultant, and Director in writing within seven (7) calendar days of
Contractor's agreement or disagreement with the method, if any, provided in the Change
Order for determining the proposed adjustment in the RPP Price or RPP Time.
On approval of any RPP change increasing the RPP Price, Contractor shall ensure that the
performance bond and payment bond (if applicable) are increased so that each reflects the
total RPP 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 RPP 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
or Consultant expressly and unmistakably indicating his/her intention to treat the work
described therein as Extra Work. In the absence of such an order, the Project Manager or
Consultant may direct, order or require the Contractor to perform any Work including that
which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply
and shall promptly and in no event after, begin the performance thereof or incur cost
attributable thereto and give written notice to the 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. Chan a Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the applicable
RPP 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 RPP
schedule for performance for both the Extra Work and any other Work affected by the Extra
Work.
--7_113.e—ri>t aiLinitiate the Extra Work
outlining the proposed Extra Work.
Work, the Contractor is required to
required to obtain permission for an
Contractor's ability to start within theallotte_d timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal
__..;._ Re_questCAttachment 38), which shall include requested revisions to the RPP, including but
not limited to adjustments in the RPP Price and RPP Time. The Contractor is required to
provide sufficient data in support of the cost proposal demonstrating its reasonableness. In
furtherance of this obligation, the City may require that the Contractor submit any or all of
the following: a cost breakdown of material costs, labor costs, labor rates by trade, and
Work classification and overhead rates In support of Contractor's Change Proposal
Request. The Contractor's Change Proposal Request must include any schedule revisions
and an explanation of the cost and schedule impact of the Extra Work on the Project. If the
Contractor fails to notify the Project Manager or Consultant of the schedule changes
associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor
that the proposed Extra Work will not have any scheduling consequences. The Contractor
agrees the Change Proposal Request will in no event include a combined profit and
overhead rate in excess of 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 Contractor and the City. If an agreement
on the Extra Work is reached, both parties shall execute the Extra Work order in writing via
a Change Order (Attachment ?). The execution by the Contractor of the Change Order
shall serve as a release of the City from all claims and liability to the Contractor relating to,
or in connection with, the Extra Work, including any impact, and any prior acts, neglect or
default of the City relating to the Extra Work.
procedure by a notice to Contractor (Attachment 37)
Upon receipt of the notice to proceed with the Extra
immediately start the Extra Work. The Contractor is
extension to staifihe- Extra Work if it is beyond the
Upon execution of a change order that affects the RPP Time the Contractor 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 RPP, in any form
whatsoever, shall be valid or enforceable unless it is in writing and signed by the
parties charged, therewith or their duly authorized representative.
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 RPP Price shall be determined in one of the following ways:
• Where the work involved is covered by unit prices contained in the RPP, by
application of unit prices to the quantities of items involved.
• By mutual acceptance of a lump sum which Contractor 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
Contractor's fee for overhead and profit which is determined as provided in this
Article.
• The term "cost of work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by the 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 Contractor in the performance of the
work described In the Change Proposal Request under schedules of job classifications
agreed upon by Project manager and Contractor. Payroll costs for employees not
employed full time on the work covered by the Change Proposal Request shall be
apportioned on the basis of their time spent on the work. Payroll costs shall include, but not
be limited to, salaries and wages plus the cost of fringe benefits which shall include social
security contributions, unemployment, excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include superintendents and foremen at the
site. The expenses of performing the work after regular working hours, on Sunday or legal
holidays shall be included in the above to the extent authorized by City.
Cost of all materials and equipment furnished and incorporated in the work, including costs
of transportation and storage thereof, and manufacturers' field services required in
connection therewith. All cash discounts shall accrue to Contractor unless City deposits
funds with Contractor with which to make payments, in which case the cash discounts shall
accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus
materials and equipment shall accrue to City and Contractor shall make provisions so that
they may be obtained. Rentals of all construction equipment and machinery and the parts
thereof whether rented from Contractor or others in accordance with rental agreements
approved by City with the advice -'bf 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.
Payments made by Contractor to Subcontractors for Work performed by Subcontractors. if
required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to
Contractor and shall deliver such bids to City who will then determine, with the advice of
Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor
is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost
of the work
shall be determined in the same manner as Contractor's cost of the work. All
Subcontractors shall be subject to the other provisions of the Contract Documenti
as applicable.• Documents r
Cost of special consultants, including, but not limited to, consultants, architects,
testing laboratories, and surveyors employed for services specifically related to
the performance of the work described in the Change Order.. • Supplemental costs including the following:
• The proportion of necessary transportation, travel and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the work
except for local travel to and from the site of the work.
• Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site and
hand tools not owned by the workmen, which are consumed in the performance
of the work, and less market value of such items used but not consumed which
remains the property of Contractor.
• Sales, use, or similar taxes related to the work, and for which Co
liable, imposed by any governmental authority. ntracfor Is
• Deposits lost for causes other than Contractor's negligence; royalty payments
and fees for permits and licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in
connection with the work.
__ . Costt of_ premiums for_additionai_ bonds and insurance required because of
c gI the wdtk7 --t--- --� __ __ _
The term "cost of the work" shall not Include any of the following:________
��___
gna e
• Payroll costs and other compensation of Contractor's officers, executive
principals (of partnership and sole proprietorshi sors, antss'
-- consultants, � architects estimators- la p �� general managers,
->-7------___ a.nd—con.tr-acting..agents, . exp.edi.ters,_ti nekeepers# clerks and other �personnnel .
employed by Contractor whether at the site or in its principal or a branch
for general administration of the work and not specifically included in the agreed -
upon
schedule of job classifications., all of which are to be considered
administrative costs covered by Contractor's fee.
■ Expenses of Contractor's principal and branch offices other than Contractor's
office at the site.
• Any part of Contractor's capital expenses, including interest on Contractor's
capital employed for the work and charges against Contractor for delinquent
payments.
• Cost of premiums for all Bonds and for all insurance whether or not Contractor Is
required by the Contract Documents to purchase and maintain the same, except
for additional bonds and insurance required because of changes in the work.
• Costs due to the negligence or neglect of Contractor, any Subcontractors, or
anyone directly or indirectly employed by any of them or for whose acts any of
them may be liable, including but not limited to, the correction of defective work,
disposal of materials or equipment wrongly supplied and making good any
damage to property.
• Other overhead or general expense costs of any kind and the cost of any item
not specifically and expressly included in this Article
Contractor's fee allowed to Contractor for overhead and
follows: profit shall be determined as
• A mutually acceptable fixed fee or if none can be agreed
" A fee based on the followin upon,
the work: 9 percentages of the various portions of the cost of
▪ Where the Contractor self -performs the Work, Contractor's fee shall
ten percent (1O%) II not exceed
• Where a sub -contractor perform the work, Contractor's fee shall
seven and one half percent (7.5%); and if a subcontract is on the basis of cos
the work pies a fee, the maximum allowable to the Subcontractornot exceed
overhead and profit shall not exceed ten percent (1O%); andas a fee for
■ No fee shall be payable for special consultants or supplemental costs
The amount of credit to be allowed by'�
Contractor to City for any such change which results
in a net decrease in cost, will be the amount of the actual net d
additions and credits are involved in any one change, the combined overhead
shall be figured on the basis of the net increase, if any, howev decrease. When both
entitled to claim lost profits for any Work not performed, er, Contractorshaq notrbet
Whenever the cost of any work is to be determined pursuant to this Article,
submit in a form acceptable to Project Manager or Consultant an
together with the supportingrticle, Contractor will
data. itemized cost breakdown
Where the quantity of any item of the Work that is covered by a unit
decreased by more than twentyo t price is increased or
the rRPP,eal an a percent (20%) from the quantity of such work indicated in
ppropriate 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
whether-tfie amount -is -an addition; credit -or -change -change -in -cost, -Contract .
. -�--_-�. A ce of a lump sum,
initial cost estimate acceptable to the Project Manager or Consultant.
--- or shall submit an
• Breakdown shall list the quantities and unit prices for materials, labor, equipment
and other items of cost.
• ._ Whenever.. a_.change_Involve�.Contrac_tor_ansi one or.__rnore_Subcon , qu+pment
the change is an increase in the RPP Price, -overhead and -profit percentagecntracjgr and _ tr_actors_and
nd eaC i ccptr ctor shall be itemized separately._ for
• Each Change Order must state within the body of the Change Proposal
whether it is based upon unit price, negotiated lump sum, or "cost of the work."
58. Extra Work Directive work."
If the parties fail to reach agreement with respect to the proposed Extra
extenuating circumstances, the City may nevertheless issue a directive to the
do the proposed Extra Work (Attachment 39). Immediate)Wok' or in case or
Directive, the Contractor shall be obligated to proceed Contractor to
y upon receipt of the Extra Work
directive. with the Work set forth - in that
Except as provided below, the Contractor shall be entitled to initiate a
is
the Article 95, Resolution of Disputes, by furnishing a written statementute
Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such
P pursuant to
Extra Work which the Contractor disputes. Such dispute mustA to the Project
raised or specific matters reserved by the Contractor in its proposal arid'have
resolved prior to the issuance of the Extra Work Dir relate to specific matters
forth all details of the Contractor's claim including thermanner that theave not been
ted item was
specified in the Contractor's proposal, pheng a. The written statement must set
Contractor must proceed with Work as set tforthin the pndenof any dispute hereunder, the
otherwise advised by the Project Manager's written instructions• In the Directive unless
event there is a
dispute as to price, the Contractor will be paid in accordance with the foll
owing paragraph.
This payment(s) will be in full satisfaction of he Contractor's
value of the RPP, claim for an adjustment to the
Compensation for Extra Work in the event of the parties' i'
satisfactory price shall be as follows: nab+lily to agree upon a p mutually
No payment will be made to the Contractor for Extra Work
Necessary Cost" which is to sayin excess of Actual and
Necessary
a Co not ha time and materials plus a mark-up
vary, whether the Extra Work is performed by the Contractor or
his subcontractor. Any exceptions must be approved bythe
"Actual and Necessary Net Cost" shall be deemed to include Project Manager.
of the Extra Work for (i) labor, which includes wages,payrollactualthe a s employer lar, the deductions,
andany,necessary
pursuant to bona fide collect veba gaining labors cost
applicable to the Work; (ii) contributions to the State UnemploymentY� made by
excise ble the oFederal Social Securityagreements
andxproperty damage insurance or Insurance Law, liability
the property
Work, (v) the actualanand per Act;p payment increases in
performance and payment bonds occasionedlsolely+by
supplies and small toots not operated b scary operating expenses (except the expense of
plant and a reasonable rental for the' same (including small pthe Project Manager; and rental
any .Y mechanical or electrical power
Rower tools}, a�spdeterm+nesuch
b
Extra Work. additional materials necessary for the performance of the
lncase any Work or materials shall be required to be done or furnished
provisions of this Article, the Contractor shall at the end of each
provisions
athe City+so the under the
documentation
ti account ardesiredrequire astoe Extra day furnish to City
support all the costs of the Extra Work. spch
render an itemized statement showing the total amount ex ende r
and for each kind of material on account Work progresses, the Contractor shall
the inclusion of suchof each item of Wont as a forlass
precedent
Contractor shall producesuch payment audit bythe partial estimate. U to
agreements, records or otherr doctheCity,
bthe the request of the City, lY, books, vouchers, collective a materials.
labs
Such documents shall not be binding on the City. showing the. actual cost for labor andetmaterials.
questions or dispute as to the correct cost of such labor or material
tY• The Project Manager shall determine any
In case the Contractor is ordered to perform Work under this s or plant.
the Project Manager, it is impracticable to
theemthe Contractor will, subject to the a Article, which in the opinion of
n
have performed a the Contractor's,bepaid she
actual cost to Contractor of such Work, and in addition thereto
the Contractor's superintendence, of nc h a ra • approval of theeProject (5%) percent, the
administration and other overhead exile to cover
Payment of any amount under this Article shall be sub'
approval, disapproval, modification or revision by representatives of the City.
D
59 Field La out of the Work and Recordsubject to subsequent audit and
rawls s for Draina e Pro ects
The Contractor through the services of a State of Florida Registered
other reference Land Surveyor, shall
pipeline or structure
establish the fine and benchmarks and points for the installation of the
For pipelines, this will consist of establishing all points of bend
pipe unless in close proximity to other facilities), valves, tees, crosses
pipe
than 100 feet apart proximity
the proposed (but not necessarilythstations bevel
offset ine as shown on and other a not
centerline of the pipe, or
station nearby the byPlans, marked by a nail in a metal capalong stationed
with the paintedstation marked on a aag stake thetopof a wooden stake drivenflush
pavement ground
the
For structures, this will consist of base tinesy's an°tin pavement. with the ground
auxiliary lines and a bench mark from which to establish the elev
kes at corners, centers and center lines,
airons.
*
The Contractor shall make his equipment and men available to the Inspector for spot-
checking the accuracy of the Work.' The Project Manager or Consultant shall require the
Work to be brought within the tolerances specified elsewhere before backfill is placed or the
construction is otherwise hidden.
The entire responsibility for establishing and maintaining line and grade in the field lies with
Contractor. Contractor shall maintain an accurate and precise record of the location and
elevation of all pipe lines, conduits, structures, maintenance access structures, handholes,
fittings and other Work and shall prepare record or "as -built" drawings of the same which
are signed and sealed by a State of Florida Registered Land Surveyor. Contractor shall
deliver these records in good order to Project Manager or Consultant as the Work is
completed. The Contractor shall supply the Consultant with a copy of the Registered Land
Surveyor's layout of the Work immediately upon its availability to his own forces. The cost
of all such field layout and recording work is included in the prices bid for the appropriate
items. All record drawings shall be made on reproducible paper and shall be delivered to
Project Manager or Consultant prior to, and as a condition of, final payment.
Contractor shall maintain in a safe place at the Project site one record copy of all Drawings,
Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and
written interpretations and clarifications in good order and annotated to show all changes
made during construction. These documents shall be kept in a clean, legible and dry
conditions and shall not be used for construction purposes These record documents
together with all approved samples and a counterpart of all approved Shop Drawings shall
be available at all times to Consultant and Project Manager for reference. Upon Final
Completion of the Project and prior to Final Payment, these record documents, samples
and Shop Drawings shall be delivered to the Project Manager
During the entire construction operation, the Contractor shall retain the services of a State
of Florida Registered Land Surveyor Who shall maintain records of the installation, including
all deviations from the plans and specifications by obtaining "As -built"' dimensions and
elevations. The surveyor shall prepare record as -built drawings showing correctly and
accurately all changes and. deviations made duringconstruction,, including approved
construction variances to reflect the Work as it was actually constructed. "As -Built"
drawings shall-be-submitted-to-ihe-City-on-a monthly basis
Recording of Project Record
• Record all information for pipeline projects and on -site projects concurrently with
construction progress.
• Do not conceal any work until as -built information is recorded by the Contractor and
the City.
• All locations for future connections or tie-ins shall be left unburied and uncovered
until the City's surveying forces obtain and record the as -built information. This is in
addition to the Contractor's recorded information.
• Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last
complete length. Inline valves and tees shall be left exposed for 1 length on both
sides plus the face end. Record the elevation, deviation from horizontal and vertical
alignment and the inclination for these items.
• Maintain records of all pipeline Project and on -site Project deviations from Drawings
and Specifications by a Florida Registered Land Surveyor.
• For Pipe Installation In All Pipeline Projects and On -site Projects: During entire
construction operation retain the services of a State of Florida Registered Land
Surveyor (FRLS) who shall maintain records of the installation, including all
deviations from Drawings and Specifications.
• (FRLS) shall record as -built dimensions and elevations every twenty-five feet (25)
or portion thereof along pipeline and at every abrupt change in direction of the new
line.
• (FRCS) shall record locations and elevations for each valve, fitting, service line, fire
hydrant, water sampling point, and also for above ground piping and other
appurtenances along the pipeline. Specific locations and elevation of equipment, the
buildings and miscellaneous items installed inside them shall be recorded as
applicable.
• Contractor's FRLS shall prepare as -built record drawings showing correctly and
accurately the installation, embracing all changes and deviations made during
construction, including all approved construction variances, to reflect the work as It
was constructed.
• Record Drawings shall be prepared on 4-mil mylar as specified hereinafter. Record
Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor
and shall be submitted to the City for the Project Manager's or Consultant's review
within ten (10) calendar days following the completion date of successful pressure
testing of all mains and appurtenances under the Contract Documents
• If the Consultant determines that the Drawings are not acceptable, they will be
returned to the Contractor with a cover letter noting the deficiencies and/or reasons
for the disapproval. Contractor shall have ten (10) calendar days to correct all
exceptions taken by the Project manager or Consultant and resubmit as -built record
drawings to the Consultant for final acceptance.
• Prior to, and as a condition precedent to Final Payment, Contractor shall submit to
City, Contractor's record drawings or as -built drawings acceptable to Project
Manager or Consultant.
60. Survey Work for Drainage Projects)
The Contractor shall retain or employ a FRLS to lay out ail storm sewer construction and
provide final measurements.
At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the
Contractor will be provided a packet of information, from the City, showing the format to be
utilized. The Contractor is advised that the survey work, including required final
measurements, shall be according to City Standards and are an integral part of the
Project. The Project shall not be considered complete until the final measurements are
approved by the City.
Layout is to be under the supervision of the FRLS. The center line of catch basins and an
offset line parallel with the center line of the pipe will be marked by nails and discs at
intervals of no more than 50' (fifty feet). Distances between manholes will be accurate
within 0.10 foot and elevations of the offset points will be determined with an accuracy of +
0.03 foot.
Offset points are to be painted with good quality traffic paint with the distance from the
catch basin and the low invert. This information is to be shown in the approved field book
and on a cut sheet form provided by the City. These cut sheets shall be reviewed by the
Consultant to ensure that City standards are being met. Field books will become the
property of the City.
All notes will show the relationship of the installations to the City of Miami's monument
line. All elevations are to the City of Miami Datum.
The final measurements will include accurate horizontal.,; and vertical location of all
construction. This includes, but is not limited to grate, invert and bottom elevations of
catch basins and size and type of .all pipe, asphalt overlay, and elevation of ground or
sidewalk above exfiltration systems. All final measurements are to be in the form of field
notes clearly and legibly drawn in a Keuffel and Esser field book 482.0008 or Dietzgen No.
403 V.
All books shall contain a front index referencing both street location and catch basin
numbers. These notes are to become the property of the City after certification as to
accuracy by a FRLS. Staking and final survey notes shall be cross referenced each to the
other.
The FRLS works for the Contractor but shall be available to answer any questions the City
may have. All costs for survey work will be included in the bid price.
61. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager or Consultant 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
Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the
City and certify in writing that the As -Built Drawings are correct and accurate, including the
actual location of all internal piping, electrical/signal conduits in or below the concrete floor.
Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construbtion: On -site structures and site work as follows:
• Depths of various element,§ of foundation in relation to finish first floor datum.
• All underground piping end 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
peribdic maintenance.
• Field changes in dimensions and details.
Changes made by Project.Manager'aor_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 Contractor's
records and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
• Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually. installed.
• Changes made by Project Manager's or 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.
62. Worker's Identification
The Contractor's employees, who include any subcontractor, shall wear an identification
card provided by the Contractor. The identification card shall bear the employee's picture,
name, title and name of the employer. Failure by a Contractor's employee to wear such
identification may result in his removal from the Work until such time as the identification
card is obtained and worn. Such removal shall not act as a basis for the Contractor to
submit a claim for an extension of time.
63. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Sub -
Contractor engaged by the Contractor to provide and perform services or Work pursuant to
the requirements of the Contract Documents. The Contractor shall respond to the City
within seven (7) calendar days of ,receipt of such request with either the removal and
replacement of such personnel or written justification as to why that may not occur. The
City shall make the final determination as to the removal of unsatisfactory personnel from
work assigned by City. The Contractor agrees that the removal of any of its
employees does not require the termination or demotion of employee(s).
64. Substantial Completion, Punch 'List, & Final Completion
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
Contractor shall sign the Substantial Completion Inspection Form (Attachment ?). The
signing of this form shall not relieve the Contractor from its obligation to complete the
Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall
request in writing that the Project Manager or Consultant inspect the Work to determine if
Substantial Completion has been I achieved. No request for Substantial Completion
inspection is to be submitted until the Contractor has obtained a Certificate(s) of
Occupancy, Certificate of Completion or Completion or a Temporary Certificate of
Occupancy or any other approvals from agencies having jurisdiction over the Work. The
Project Manager or Consultant shall schedule the date and time for any inspection and
notify the Contractor and any other parties deemed necessary, During this inspection, the
Project=Substantial-'Cornpietion Inspection Form, Attachment ?, will be completed as
necessary. Any remaining Construction Work shall be identified on this form and shall be
known as. Punch List work. The Punch List, Attachment ?, shall be.. signed by the Project
Manager and/or Consultant, , and the Contractor confirming that the Punch List contains
the item.(,)- necessary_io cQmpl.ete_ihe._W-ork.-The failure or refusal of the Contractor to sign
the Project- Substantial Completion Inspection Form or Punch List shall not relieve the
Contractor_from.. complying with_ the_ findings _ Qf the Project SubstantiaLCompletion
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 or Consultant determines, on the appropriate form that the
Work is not substantially complete, the Project Manager or Consultant shall provide a list of
all open items necessary to achieve Substantial Completion. Upon completion of such
work, the Contractor shall request another Substantial Completion inspection.
The Project Manager or Consultant, , and the Contractor shall agree on the time reasonably
required to complete all remaining work included in the Punch List.
Upon the receipt of all documentation, resolution of any outstanding issues and issuance of
final payment, the Project Manager or Consultant shall notify the Contractor in writing of the
closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form attached hereto as
Attachment ?, 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 RPP for Final Completion. The failure to
include any items of corrective work on such list does not alter the responsibility of
Contractor to complete all of the Work in accordance with the RPP. Warranties required by
the RPP shall commence on the date of Final
designated portion thereof unless otherwise provide in the RPP.. completion of the
65. Asbestos Abatement Re uirements d �n the Work or
The Contractor shall comply
laws, P y with the asbestos abatement requirements of
codes, rules, regulations and standards that may a!1 applicable
include but are not limited to the
1. United States
Standards fors Hazardous mAie tallutProteCtion Agency
2• United States De 4National Emission
standards, 29 Department of Labor, (NESHAPS) 4Q CFR 61.
n
CFR Part 126 Occupational Safety and Health Act
66. Asbestos Permits and Notifications
The Contractor is res , "
certifications t conjunction Wbh tfor securing
and disposal and timelyg eall necessary Permits
Work relative to asbestos handling,' licenses and/or
and disposal
and local authorotescation of such actions by removal,
copiesregoof all re The Contractor shall provide themay be gProject h°cling
required permits and notifications, federal state
Contractor shall notify Manager with
all agencies having reporting re
by the rules of those agenciesor g requirements within the time
any tiling or other fees ssociated with applicable
notification.
The Contractor steal! make required
Upon receipt of all a cation, payment for
ponger receipt
authorizeallapplicable
Contractor permits,
approvals
Poceed and notifications required,
67. NDPES Re uirements proceed with the abatement Work. the Project
MContractor shall comply with the State of Florida
Pollutant Contractor
rDischargehallcElimination System rules and regulations for the
Notices ta of Intent, and the Storm Water Pollution P
Y m (NPDES) including but not limited to all permitting,
NPDES and SWPPP shall be included Pollution
the b'
compliance requirements for NPDES and inSWPP Prevention Plan (fu her on
Department Id ,ices. ) All costs for
P For further information Public
i s
htt :// at (305) 4 1 6-1200 P contact the City
P •dep.state.fl.us/water/stormwater/npde the Stateof Miami Public Works
68. Force Ma ears of Florida website at
Should any failure to
majeure as term is perform
on on theundpr o
part of Contractor be due to a
of time reasonably that commensurate Florida law, then the Citycondition of force
with the cause of such failure to perform
If the Contractor is delayed in may allow an extension
rce
majeure tothe Contractor shall performing
P m or cure.
anyobligation under froman RPP due to a twohin (2)
working days of said force majeure occurrence, time extension the City
mutual and shall not be Any time extension shaf�betsub' 2 mutual
agreement weadditional services nor any{ )
except as claim b lest to
Permitted byrequired. Do Not Include �nclementntractor f weatherre
Sub-
contractors.
Florida law and may not include the acts or omis
sions of Sub.
69. Exfension of Time
Any reference in this section to the Contras
permitted ShContractors, whether or not in Contractorshall
be deemed to include suppliers,
purposeemtstof this article. f contract with the Contractlorrfo and
If the Contractor is delayed at anyor the
Time and/or r Notice to Proceed time during
(NIP) by the ctprorreaiss of theoWork beyond by
the RPP
the neglect failure of the City Force
Majeure, then the RPP Time set forth in the RPP and/or NTP 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 Contractor by reasonable investigation before
proceeding with the Work;
• The Contractor 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
Contractor in support of a request for an extension of time was erroneous; provided
however, that such information or facts, if known, would have resulted in a denial of the
request for an Excusable Delay. Notwithstanding the above, the Project Manager will not
rescind or shorten any extension previously granted if the Contractor acted in reliance upon
the granting of such extension and such extension was based on information which,
although later found to have been erroneous, was submitted in good faith by the Contractor.
The request for an Excusable. Delay shall be made within ten (10) calendar days after the
time when the Contractor knows or should have known of any cause for which it may claim
an extension of time and shall provide any actual or potential basis for an extension of time,
identifying such causes and describing, as fully as practicable at that time, the nature and
expected duration of the delay and 'its effect on the completion of that part of the Work
identified m t e request, uti7izmg Aittaament 29. --fifie-Project Manager may require the
Contractor to furnish such additional information or documentation, as the Project Manager
shall reasonably deem necessary or helpful in -considering the -requested -extension.
_The_ Contractor shall not be entitled to an extension of time unless the Contractor
affirmatively demonstrates that it Is entitled to such extension.
The Project Manager shall -endeavor to review and respond to the Contractor's request for
Excusable Delays in a reasonable' period of time; however, the Contractor shall be
obligated to continue to perform the Work required regardless of whether the Project
Manager has issued a decision or whether the Contractor agrees or disagrees with that.
decision.
With regard to an injunction, strike or interference of public origin which may delay the
Project, the Contractor shall promptly give the 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.
The permitting of the Contractor to proceed with the Work subsequent to the date specified
in the applicable RPP (as such date may have been extended by a change order), the
making of any payment to the Contractor, the issuance of any Change Order, shall not
waiver the City's rights under the Contract, including but not limited to the assessment of.
liquidated damages or declaring Contractor in default.
TO. Notification and Claim for Change of RPP Time or RPP Price
Any claim for a change in the RPP Time or RPP Price shall be made by written notice by
Contractor to the Project Manager and to Consultant 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 or Consultant
to
allows an additional period of timeascertain more accurate data in support of the claim
and such notice shall be accompanied by Contractor's written notarized statement that the
adjustment claimed is the entire adjustment to which the Contractor has reason to believe it
is entitled as a result of the occurrence of said event. All claims for changes in the RPP
Time or RPP Price shall be determined by the Project Manager or Consultant in
accordance with Article 74, Contractor's Damages for Delay hereof, if City and Contractor
cannot otherwise agree. It is expressly and specifically agreed that any and all claims for
with the requirements of this Article. changes to the RPP time or RPP price shall be waived if not submitted in strict accordance
The RPP Time will be extended in an amount equal to time lost on critical Work items due
to delays beyond the control of and through no fault or negligence of Contractor if a claim is
made therefore as provided in this Article. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by City, fires, floods, labor disputes,
epidemics, abnormal weather conditions or acts of God.
71. Extension of Time not Cumulative
in case the Contractor shall be delayed for any period of time by two or more of the causes
mentioned in Article 83, Excusable, Delays, the Contractor 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.
72. Contractor's Dame es for Dela
No_claim for damages or -any- claim, -'other than -for -an -extension of time, shall be made
asserted against City by reason of any delays except as provided herein. Contractor shor
all
not be entitled to an increase in the RPP Price or payment or compensation of any kind
from City for direct, indirect, consequential, inipact or other costs, -expenses or damages,
es
including but not limited to costs of. acceleration or inefficiency, arising because of delay,,
_disruption,_inferference or hindrance from any cause whatsoever, whether suc ,
disruption, interference or hindrance be reasonable or unreasonable foreseeable delay'
-unforeseeable; or-avoidable-oruriavoidable; provided' owever,-=that-this=provision shall nor
preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faitht
or active interference on the part of City or its Consultant. Otherwise, Contractor shall be
entitled only to extensions of the RPP Time for completion of the Work as the sole and
exclusive remedy for such resulting delay, in accordancepecificall
provided above. with and to the extent sy
Except as may be otherwise specifically provided for in the Contract Documents,
Contractor agrees to make no claim for damages for delay of any kind in the performance
of the Contract Documents whether occasioned by any act or omission of the City or any of.
its representatives (whether it is an Excusable Delay or otherwise) and the Contractor
agrees that any such claim shall be compensated solelyby
complete performance of the Work. In this regard, the Contractor alone thereby specificallyof y
assumes the risk of such delays, including without limitation: delays in procssing r
approving shop drawings, samples or other submittals or the failure to render
determinations, approvals, replies, inspections or tests of the Work, in a timely manner.
Contractor shall not receive monetary compensation for City delay. Time extensions
be authorized by the City in certain situations. ensions ma Y
73. Excusable Dela Non-Com ensable
74. Defective Work
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
subcontractors, 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 Contractor or its
subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall
be entitled only to a time extension and no compensation for the delay.
•
Contractor is entitled to a time extension of the RPP Time for each day the Work is delayed
due to Excusable Delay. Contractor shall document its claim for any time extension as
provided in Article 72, Notification of Claim, hereof.
Failure of Contractor to comply with Article 72, 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.
Project Manager or Consultant shall have the authority to reject or disapprove Work which
Project Manager or Consultant finds to be defective. If required by Project Manager or
Consultant, Contractor shall promptly either correct all defective Work or remove such
defective Work and replace it with non -defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or'corrections including cost of testing
laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within
the time indicated in writing by Project Manager or Consultant, City shall have the authority
to cause the defective Work to be removed or corrected, or make such repairs as may be
necessary at Contractor's expense.. Any expense incurred by City In making such
removals, corrections or repairs, shall be paid for out of any monies due or which may
become due to Contractor, or may be charged against the Performance Bond, if required by
an RPP. In the event of failure of Contractor to make all necessary repairs promptly and
fully, City may declare Contractor in default:
If, within one (1) year after the date of substantial completion or such longer period of time
as may be prescribed by the terms of any applicable special warranty required by the
Contract Documents, or by any specific provision of the RPP, any of the Work is found to
be defective or not in accordance with the Contract Documents, Contractor, after receipt of
written notice from City, shall promptly correct such defective or nonconforming Work within
the time specified by City without cost to City, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other obligation which
Contractor might have under the Contract Documents including but not limited to any claim
regarding latent defects.
Failure to reject any defective work or material shall not in any way prevent later rejection
when such defect is discovered, or obligate City to final acceptance.
75. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion may elect to accept in writing (Attachment 42) 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 RPP sum, or, if the
amount Is determined after final payment, any difference in the amount shall be paid to the
City by the Contractor.
76. Uncovering Finished Work
The Project Manager's, inspector's and/or Consultant's right to make inspections shall
include the right to order the Contractor to uncover or take down portions of finished Work.
The Project Manager /or Consultant shall notify the Contractor in writing concerning all
uncovered finished Work (Attachment 40). Should the Work prove to be in accordance
with the RPP, 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
Contractor. Such expenses shall also include repayment to the City for any and all
expenses or costs incurred by it, including employee salaries or related cost, in connection
with such uncovering, taking down, replacing and restoration at the Project site.
77. Correction of Work
The Contractor 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 Contractor shall bear all cost of correcting such rejected Work, including
the cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing (Attachment 41) by the
Project Manager or Consultant of any Work not in accordance with the requirements of the
Contract Documents or any defects in the Work, the Contractor will commence and
prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to
complete the Work within a reasonable period of time, as determined by the Project
Manager or Consultant, and in the event of failure to so comply, the Contractor does hereby
authorize the City to proceed to have such Work done at the Contractor's expense and that
the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs,
including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to
pay the above costs. Notwithstanding the foregoing paragraph, in the event of an
emergency constituting an immediate hazard to the health or safety of personnel, property,
or licensees, the City may undertake, at the Contractor's expense, without prior notice, all
Work-necessaryto=correct-such-hazardous-condition=when-it was-Tcaused::by Work of the
Contractor not being in accordance with the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer
period of time as may be prescribed by law, by the RPP, or by the terms of any applicable
special- warranty required -by- the-Gontraet Documents-;-any-of-the-Work--is found to be
defective or not in accordance with the Contract Documents, the Contractor shall correct it
; .promptlyafter •receipt_.of-a .written-.notice_from..the_ City -to: -do so.- The -.City shalt give such
notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site If necessary and
the Work shall be corrected to comply with the Contract Documents or the RPP without cost
to the City.
78. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic
control necessary to perform the Work under an RPP. The cost of traffic control
shall be included in the Contractor's RPP Price.
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 Contractor shall abide by all applicable laws, regulations, and codes
thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic,
traffic control and other provisions as may be required for this Project.
Maintenance of Traffic (MOT)
• The Contractor 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 or Consultant, Traffic Division or FDOT or as
otherwise authorized by the Project Manager or Consultant, the Contractor 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.
• The Contractor shall provide all barricades with warning lights, necessary arrow
boards and signs, to warn motorists of the Work throughout the Project. Adequate
approved devices shall be erected and maintained by the Contractor to detour
traffic.
• Excavated or other material stored adjacent to or partially upon a roadway
pavement shall be adequately marked for traffic safety at all times. The Contractor
shall provide necessary access to all adjacent property during construction.
• The Contractor shall be responsible for the provision, installation and maintenance
of all MOT and safety devices, in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index
drawing book. In addition, the Contractor shall be responsible for providing the
Consultant with MOT plans for lane closures and/or detours for approval. These
plans (sketches) shall be produced, signed and sealed by a professional Engineer
registered in the State of Florida, employed by the Contractor and certified under
FDOT Procedure NPIL No. 625-010-010.
• Where excavations are to be made in the vicinity of signalized intersections,
attention is directed to the fact that vehicle loop detectors may have been
embedded in the pavement. Verify these locations by inspecting the site of the work
and by contacting the Sunshine State One -Call Center (1-800-432-4770), 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 Contractor 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 Bypass Pumping
• The Contractor shall take appropriate steps to ensure that all temporary pumps,
piping and hoses are protected from vehicular traffic and pedestrian traffic.
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 7am to 9am and 4pm to
6pm weekdays.
79. Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project area will be shown on the plans.
However, City does not guarantee that all lines are shown, or that the ones indicated are in
their true location. It shall be the Contractor's responsibility to field verify all underground
and overhead utility lines or equipment affecting or affected by the Project. No additional
payment will be made to the Contractor because of discrepancies in actual and plan
location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar
days prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or endangered by
the proposed construction. Relocation of water mains or other utilities for the convenience
of=#he—Contractor shall- be -paid=-by-the- Contractof~ =AI chartges -by- utilitycarnpanies for
temporary support of its utilities shall be paid for by the Contractor. All costs of permanent
utility relocation to avoid conflict shall be the responsibility of the utility company involved.
No additional payment will be made to the Contractor for utility relocations, whether or not
-._said_relocatiora-fs-nece_s.sar taaavoidLaonflict with_othsx lines,--�---
The Contractor shall schedule the Work-Tri-such manner that theiWork is not delayed by
—the-utility-providers-relocating or-supporting-their-utilfties:=The Contractor shall coordinate its
activities with any and all public and private utility providers occupying the right-of-way. No
compensation will be paid to the Contractor for any loss of time or delay.
All overhead, surface or underground structures and utilities encountered are to be carefully
protected from injury or displacement. All damage to such structures is to be completely
repaired within a reasonable time; needless delay will not be tolerated. The City reserves
the right to remedy such damage by ordering outside parties to make such repairs at the
expense of the Contractor. All such repairs made by the Contractor are to be made to the
satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All
repairs are to be inspected by the utility owner prior to backfilling
80. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop
all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period),
commencing no sooner than the date the order is delivered to the Contractor, 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 Contractor,
or within any extension to which the parties have agreed the City shall either:
■ Cancel the Stop Work Order; or
• Terminate the Work covered by such order as provided in Article 94,
Termination for Convenience.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to
the Contractor for such suspension other than extending the time for Substantial
Completion to the extent that, in the opinion of the Project Manger or Consultant, the
Contractor 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 Contractor's
defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other
reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an
extension of time as a result of the issuance of a Stop Work Order.
81. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions
necessary to secure the Project site in response to all threatened storm events, regardless
of whether the Project Manager or Consultant has given notice of same.
Compliance with any specific hurricane warning or 'alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional RPP
Time as non-compensable, excusable delay, and shall not give rise to a claim for
compensable delay.
82. Use of Completed Portions
-City-shall-have-the-right at- its -sole -option to --take possession -of -and -use any -completed or
partially completed portions of the Project. Such possession and use shall not be deemed
an _Acceptance or beneficial use or occupancy of .any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases the cost
of or dela_y_sitLQIVork, Contractor shall be entitled to reasonable extra compensation, or
-reasonable extension of time or both, as determined by. Project Manager or Consultant.
In-the=eventity=takes=possession=of=any completed-or.partially-completed-portions--of the
Project, the following shall occur:
■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to
City's intended occupancy of a designated area.
• Contractor shall complete to the point of Substantial Completion the designated
area and request inspection and issuance of a Certificate of Substantial Completion
from Project Manager or Consultant.
■ Upon Project Manager or Consultant'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.
■ Contractor shall complete all items noted on the Certificate of Substantial
Completion within the time specified by Project Manager or Consultant 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 or Consultant shall issue a Certificate of Final Payment relative to the
occupied area.
• If City finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion thereof, such occupancy or use shall not commence prior to
a time mutually agreed upon by City and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of such partial
occupancy or use. Consent of Contractor and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld.
83. Cleaning Up: City's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of a Project, Contractor shall remove
all its waste materials and rubbish from and about the Project as well as its tools,
construction equipment, machinery and surplus materials. If Contractor fails to clean up
during the prosecution of the Work or at the completion of the Work, City may do so and the
cost thereof shall be charged to Contractor. If a dispute arises between Contractor and
separate contractors as to their responsibility for cleaning up, City may clean up and charge
the cost thereof to the contractors responsible therefore as the Project Manager and/or
Consultant shall determine to be just. All combustible waste materials shall be removed
from the Project at the end of each day. Cleaning operations should be controlled to limit
dust and other particles adhering to e'Xisting surfaces.
84. Removal of Equipment
in case of termination of this Contract or an RPP before completion for any cause
whatsoever, Contractor, if notified to do so by City, shall promptly remove any part or all of
Contractor's equipment and supplies from the property of City. If the Contractor to comply
with City's order, the City shall have the right to remove such equipment and supplies at the
expense of Contractor.
85. Set -offs. Withholdings. and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such sums
as may be specifically allowed in the Contract or by applicable law including, without
limitation, the following:
• Any amount of any claim by as third party;
• Any Liquidated Damages, and/or;
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings (Attachment 32).
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act
86. Materiality and Waiver of Breach
City and Contractor 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.
87. Event of Default
• An event of default shall mean a breach of the Contract or RPP by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to herein
as a breach, an Event of Default, shall include but not limited to, the following:
• The Contractor has not performed the Work in a timely manner,
• The Contractor has refused or failed, except in case for which an extension of
time is provided, to supply properly skilled staff or provided sufficient quantities
of staff to perform the Work;
• The Contractor has failed to make prompt payment to subcontractors or
suppliers for any services or materials they have provided;
• The Contractor has become insolvent or has assigned the proceeds received for
the benefit of the Contractor's creditors, or the Contractor has taken advantage
of any insolvency statute or debtor/creditor law or if the Contractor's affairs have
been put in the hands of a receiver;
• The Contractor has failed to obtain the approval of the City where required by
the Contract or RPP;
• The Contractor 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 Contractor's ability to perform the Work, the City shall notify the
Contractor writing (Attachment 33) that it must, within the time frame set forth in
the City's request, provide adequate assurances and a plan of action to the City,
in writing, of the Contractor's ability to perform in accordance with the terms of
the Contract Documents. In the event that the Contractor fails to provide to the
City the requested assurances within the prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract or RPP and/or;
.o__Reso.rito_any.seray__fo f ch..ProAdkd h..erein:_oL_lay Jaw,.,.inoluding but
not limited to, taking over the performance of the Work or any part thereof
In the event the City may, at its sole discretion terminate the Contract
byitself or through others.
- - or RPP 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 RPP for default, the
terming ions s ap bii converted Termina-tfol1 for CO-Tivreniende;-and the
Contractor shall have no further recourse of any nature for wrongful termination.
88. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations
under the Contract or an RPP, the City may at its sole discretion notify the Contractor
(Attachment 34), specifying the basis for such default, and advising the Contractor that
such default must be cured within a specified time frame or the Contract or an RPP 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 contractor and
any such costs incurred will be deducted from any sums due the Contractor under any
contract with the City.
89. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to
perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder which is not cured within the time specified to cure the
default if one has been granted by the City, the Director in addition to all remedies available
to it by law, may immediately, upon written notice to Contractor, terminate this Contract or
an RPP whereupon any advances for which Work has not been performed, paid by the City
to Contractor while Contractor was in default shall be immediately returned to the City. The
Director may also suspend any payment or part thereof or order a Work stoppage until such
time as the issues concerning compliance are resolved. Contractor understands and
agrees that termination of this Contract under this Article shall not release Contractor from
any obligation accruing prior to the effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
•
Contractor fails to obtain the insurance or bonding herein required by a RPP.
Contractor fails to comply with any of its duties under the Contract Documents,
with any terms or conditions set forth in this Contract or a RPP, beyond any
specified period allowed to cure such default.
• Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as required
by a RPP.
Where it has been determined that the Contractor has been erroneously terminated under
this Article, such termination shall be deemed to have been occurred under Article 94,
Termination For Convenience. The City in its sole discretion may terminate the Contract or
an RPP without providing the Contractor a written notice to cure.
Contractor's default.
90. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall
be notified of the effective date of the termination (Attachment 35) and shall be liable for all
damages resulting from the default, including but not limited to:
• Re -procurement costs- _.
• Other direct damages
The Contractor shall stop work as of the date of notification of the termination and
immediately remove all labor, equipment' and materials (riot owned or paid for by the City)
from the Work Site. The City assumes no liability for the Contractor's failure to remove
such items from the Project site as required.
The - Contractor shall --also --remain- liable -for -any -liabilities -liabilities -and-claims related to the
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction
91. 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 or a
RPP by written notice to the Contractor (Attachment 31) Such Written Notice shall state
the date upon which Contractor shall cease all Work under the Contract or RPP and vacate
the Project site.
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project on the date specified in the notice ("the
Effective Date");
• Take such action as may be necessary for the protection and preservation of the
City's materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the
Project Manager, any non -cancelable orders for materials and equipment that can
not otherwise be used except for work under the Contract and have been
specifically fabricated for the sole purpose of a RPP 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 or an RPP,
whether finished or not, must be turned over to the City. Failure to timely deliver
the documentation shall be cause to withhold any payments due without recourse
by Contractor until all documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract or an RPP pursuant to
the Contract Documents, the City will pay the Contractor:
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the
portion of the Project completed in accordance with the RPP 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 RPP, and has been specifically fabricated for
the sole purpose of the RPP but not incorporated in the Work; and
• To the extent practical, the fair and reasonable value shall be based an the price
established as a result of the RPP. In no event, shall any payments under this
Paragraph exceed the maximum cost set forth in the RPP.
• The amount due hereunder may be offset by all payments made to the Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full
satisfaction of all claims against the City arising out of the termination 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 Contractor.
• Contractor shall not be entitled to lost profits, overhead or consequential damages
as a result of a Termination for Convenience.
• All payments made under the Contract are subject to audit
92. Resolution of Disputes
To minimize all disputes and litigation, it is agreed by the parties hereto that the Director or
designee shall decide all claims, and disputes of whatever nature which may arise relative
to the interpretation of the Contract Documents and fulfillment of the Contract Documents
as to the character, quality, amount and value of any work done and materials furnished, or
proposed to be done or furnished under or, by reason of, the Contract Documents and the
Director's estimates and decisions upon all claims, and disputes shall be final and binding.
Any claim, or dispute which cannot be resolved by mutual agreement of the Project
Manager, Consultant and Contractor shall be submitted to the Director in writing within
fourteen (14) calendar days. The Director or designee shall notify the Consultant and
Contractor in writing of his/her decision within fourteen (14) calendar days from the date of
the submission of the claim, or dispute, unless the Director requires additional time to
gather information or allow the parties to provide additional information. During the
pendency of any dispute and after a determination thereof, Contractor, Consultant and City
shall act in good faith to mitigate any potential damages Including utilization of construction
schedule changes and alternate means of construction.
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 RPP Price or
RPP 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.
93. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the
course of the construction of a Project, .and/or following the completion of the Project, the
parties to this Contract agree all unresolved disputes between them shall be submitted to
non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing
by the parties. A certified Mediator, .who the parties, find mutually acceptable, will conduct
any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share
the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such
similar contract provisions with all Sub -Contractors retained for the Work, thereby providing
for non -binding mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right
to jury trial or to file permissive countgrclaims in any action arising under this Contract.
94. 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 ancLin_such_order_may_be deemeixpeslient_bai_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.
95. Permits. Licenses and Impact Fees
Except as otherwise provided within the RPP, all permits and licenses required by federal,
state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant to the Contract Documents shall be secured and paid
for by Contractor. It is Contractor's responsibility to have and maintain appropriate
Certificale(s) of Competency, valid for the Work to be performed and valid for the.
jurisdiction in which the Work is to be performed for all persons working on the Project for
whom a Certificate of Competency is required.
Impact fees levied by the City and/or Miami -Dade County shall be paid by. Contractor.
Contractor 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 Contractor in no event shall include profit or overhead of
Contractor.
96. Compliance with Applicable Laws
The Contractor shall comply with all applicable laws, regulations, building and construction.
codes of the Federal government, the State of Florida, the County, and the City of Miami.
The attention of the Contractor is directed to the requirements of the Florida Building Code
and the Codes of Miami -Dade County and the City of Miami, Florida, governing the
qualifications for Contractor and Sub -Contractor doing business anywhere in the City.
f
97. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an
independent contractor. In accordance with the status of an independent contractor, the
Contractor covenants and agrees that the Contractor will conduct business in a manner
consistent with that status, that the Contractor will not claim to be an officer or employee of
the City for any right or privilege applicable to an officer or employee of the City, including,
but not limited to: worker's compensation coverage; unemployment insurance benefits;
social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall be
responsible for their Work, the direction thereof, and their compensation and benefits of any
kind. Nothing in the Contract shall impose any liability or duty on the City on account of the
Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company,
agency association, corporation, or organization engaged by the Contractor as a
subcontractor, expert, consultant, independent contractors, specialist, trainee, employee,
servant or agent or for taxes of any nature, including, but not limited to: unemployment
insurance; worker's compensation and anti -discrimination, or workplace legislation of any
kind. The Contractor hereby agrees to indemnify and hold harmless the City against any
such liabilities, even if they arise from actions directed' or taken by the City.
98. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition, Contractor
shall take affirmative steps to ensure nondiscrimination in employment against disabled
persons.
Contractor's decisions regarding the delivery of services under the Contract Documents
shall be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation, or
any other factor which cannot be lawfully used as a basis for service delivery.
992. Evaluation
Contractor acknowledges that upon completion of the of the Work under an RPP and/or at
any other time deemed appropriate by the City a performance evaluation report will be
completed by the City. A copy of each performance evaluation shall also be forwarded to
the Contractor. The performance evaluations will be kept in City files for evaluation on
future solicitations.
100. 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.
101. Royalties and Patents
Ali 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 a RPP for said Work.
102. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current
contract period shall, unless terminated by mutual written agreement between the City and
the involved contractor, continue until completion at the same prices, terms and conditions.
103. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial and
accounting records of Contractor which relate to a Project and to any claim for additional
compensation made by Contractor including but not limited to all payroll records, Invoices
for materials, and books of accounts. Such records shall conform to Generally Accepted
Accounting Principles requirements ! (GAAP), and shall only address those transactions
related to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall
be kept in accordance with such statute. Otherwise Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which
relate to the Project and to any claim for a period of five (5) years following Final
Completion of the Project.
The Contractor agrees to maintain an accounting system that provides for accounting
records that are supported with adequate documentation and adequate procedures for
determining. allowable-costs:_.T ._.- . _ - __ _._-.----..---.__.._... _._... -
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
104. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall
be_effe_ctiye_unl_e_ss_containe_d_n a.. witten_documenL_preparerLwith the. _same or similar
formality as this Contract and executed by the City Manager, Director or designee.
105. No Interest
Any monies not paid by City when claimed to be due to Contractor under the Contract
Documents, including, but not limited to, any and all claims for damages of any type, shall
not be subject to interest including, but not limited to prejudgment interest. However, the
provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest,
shall apply to valid and proper invoices.
1013. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project with respect to defective Work, equipment or
materials which may be identified by the Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost
incurred on account of the Contractor's failure to fully perform its obligations under the
Contract and any RPP issued under the Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give
the Contractor notice of the defective Work, equipment or material and the basis for the
withholding or deduction (Attachment 32).
Upon the Project Manager's determination that the Contractor has fulfilled its obligations,
the City will pay the Contractor any monies owed, subject to Contractor's submission of, or
compliance with, any remaining documentation or obligation, as the case may be, in
accordance with the Contract Documents
107. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that It is not their intent to
create any rights or obligations in any; third person or entity under this Contract.
108. Consent of City Required for Subletting or Assignment
If the Contractor 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 Contractor to assign monies due to, or to become due or be
construed to hinder, prevent or affect `any assignment by the Contractor for the benefit of its
creditors, made pursuant to applicable law.
109. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the written consent of the City. It is
understood that a sale of the majority ,of the stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City
...approval. '
Any transference without City approval shall be cause for the City to nullify this Contract.
Any assignment without the City's consent shall be null and void. The Contractor shall have
no recourse from such cancellation. The City may require bonding, other security, certified
_ financial statements and tax returns from any proposed assignee and the execution of an
assignment/ assumption agreement in a form satisfactory.. to. the City Attorney as a condition
precedent to considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Contract and to the
partners, successors, legal representatives and assigns of such party in respect to all
covenants of this Agreement.
110. Agreement limiting Time in Which to Bring Action Against the City
In the event the Contractor may be deemed to have a cause of action against the City, no
action shall lie or be maintained by the Contractor against the City upon any claim arising
out of or based upon the Contract Documents by reason of any act or omission or
requirement of the City or its agents, unless such action shall be commenced within six <6)
months after the date of issuance of a final payment under the RPP, or if final payment has
not been issued within six (6) months of substantial completion of the Work under an RPP
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.
111. 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 Contractor shall diligently render
to the City, after additional compensation is mutually agreed upon, any and all assistance
which the City may require of the Contractor.
112. 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.
113. Mutual Obligations
This document, all RPPs, change order, field directive, and written clarifications issued
under the Contract, and the Contractor's submittals, shall constitute the Contract
Documents between the parties with respect hereto and supersedes all previous
communications and representations or agreements, whether written or oral, with respect to
the subject matter hereto unless acknowledged in writing by their duly authorized
representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any
third party that is not a parent or subsidiary of a party or otherwise related (by virtue of
ownership control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the City, may at its expense, elect to participate in the defense of the claim if the
City should so choose. Furthermore, the City may, at its own expense, defend or settle any
such claim if the Contractor fails to diligently defend such claim, and thereafter seek
indemnity for such cost from the Contractor.
114. Contract Extension
The City reserves the right to exercise its option to extend this Contract for up to ninety (90)
calendar days beyond the original contract period. In such event, the City will notify the
Contractors in writing of such extensions.
115. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Respondents that will
satisfy its needs as described herein. However, the City reserves the right, as deemed in
its best interest, to perform, or cause to be performed, the work and services, or any portion
thereof, herein described in any manner it sees fit, including but not limited to: award of
other contracts, use of any contractor, or perform the work with its own employees.
116. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents including any
awarded RPPs. The Contractor shall provide full and prompt cooperation with the City in all
aspects of the Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of all
things necessary for or incidental to the effective management and performance of a
Project. All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required for
the completion of the Contract. All Work shall be accomplished at the direction of and to
the satisfaction of the Project Manager.
117. 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.
118. 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.
119. Severabilitv.
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.
120. Survival
The parties acknowledge that any of 'the obligations in the Contract Documents will survive
the term, termination and cancellation hereof. Accordingly, the respective obligations of the
Contractor and the City under the Contract, which by nature would continue beyond the
termination, cancellation or expiration thereof, shall survive termination, cancellation or
expiration thereof.
121. Entire Agreement
The Contract Documents, as it may be amended from -time -to time, represents the entire
and integrated Contract -between the City and -the Contractor and supersedes all prior
negotiations, representations or agreements, written or oral. This Contract may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and equal
dignity herewith. Waiver by either party of a breach of any provision of the Contract
Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
Section 3 - Supplemental Terms and Conditions
1. License Qualifications of Contractors
All Contractors must hold a current valid Certificate of Competency for General
Building/Engineering or Specialty Trades Contracting, as required by the Florida Building
Code, for the types of Work covered by the Contract at the time of RPP submission and
maintain same throughout the duration of the Project. The certificate(s) is to be issued by:
a. The State of Florida Construction Industry Licensing Board, pursuant to the
provisions of Section 489.115 of the Florida Statute and registered with the
Miami -Dade County, Building Department or,
b. The Dade County Construction Trades Qualifying Board, pursuant to the
provisions of Section 10-3(a) of the County Code. Holders of Miami -Dade
County Certificates of Competency must. also hold Certificates of
Registration issued by the State of Florida Construction Licensing Board,
pursuant to the provisions of Section 489.115 or Proof of such Certificate(s)
must be submitted at the time of initial response and maintained current
throughout the term of the Contract. The City may request proof of continued
certification at any time during the term of the Contract. Failure to provide
such proof within five ,(5) business days from notification by the City shall
result in the removal from the contract and the rejection of any current or
future RPP bid submissions.
Subsequent to the commencement of the Contract, the City may require specific
qualifications based on a Project's scope of work. Such requirements will be included
.within -the RPP:
2. Subcontracts
The Contractor shall fully inform any subcontractors of'the RPP requirements and, that as
an active participant of the Contract that all provisions and requirements of the Contract
Documents, relating eitherdirectly or indirectly to -the —Work -to —be -performed and the
materials to be furnished apply. All subcontract agreements shall expressly state that labor
performed and/or equipment/materials furnished shall comply with all requirements of the
Contract Documents . The agreement between the Contractor and each subcontractor
shall contain terms and conditions that are in accordance with applicable laws regarding
payments by Contractor.
Acceptance of any subcontractor by the City shall not operate as a waiver of any rights
against the Contractor or third parties nor shall it relieve the Contractor of any of its
obligations to perform the Work under the Contract Documents.
On a Single Trade Project, none of the primary trade related Work shall be subcontracted.
Ancillary Work, which is required to complete the Project, may be subcontracted subject to
the requirements stated above for GC's. Example of Ancillary Work is: roofing that requires
minor electrical or mechanical work and HVAC Work that requires minor electrical Work.
STC's must comply with all the requirements specified above for GC's.
Contractor shall not employ any subcontractor against whom.,City or Consultant may have a
reasonable objection. Contractor shall not be required to employ any subcontractor against
whom Contractor has a reasonable objection.
Contractor shall be fully responsible for all acts and omissions of its subcontractors and of
persons directly or indirectly employed by its subcontractors and of persons for whose acts
any of them may be liable to the same extent that Contractor is responsible for the acts and
omissions of persons directly employed by It. Nothing in the Contract Documents shall
• create any contractual relationship between any subcontractor and City or any obligation on
the part of City to pay or to see the payment of any monies due any subcontractor. City or
Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on
account of specific work performed.
Contractor agrees to bind specifically every subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of City.
Multi -tier subcontracting shall not be permitted under the Contract without the prior written
approval of the Project Manager. A subcontractor to the Contractor shall not further
subcontract its portion of the Work to another subcontractor without the prior written
approval of the Project Manager.
3. Issuance of Work Under this Contract
Where the Work to be performed comprises multiple trades, the City will utilize GC(s) under
the Contract Documents. When authorized by the law, and where the Work to be
performed is a single trade or primarily single trade with ancillary trade Work required to
complete the Project, STC's will be utilized under the Contract Documents. Where
authorized by the law, the City, in its sole discretion may elect to serve as the GC and/or
utilize STC's on a Project. All Contractors shall' be required to provide full scope
management and administrative services on all awarded Projects. Where no Certificate of
Competency or license is required for Work to be performed, the City may award .the Work
to either a GC or STC.
4. Awarding Work Assignments
The Project Manager for the City Department requesting Work shall prepare an RPP,
utilizing the form identified as (Attachment 5). The RPP shall include the scope of work;
any required drawings; the method of award; the type of payment (cost; fixed price; time
and materials; etc.); time frame for performing the Work; the date for retum of responses to
the City of the RPP; and any additional requirements. The RPP shall identify if a Consultant
has been utilized and if so whether the Project Manager or Consultant shall be the initial
point of contact. The RPP may also require design preparation.
5. Removal from Rotation List
A Contractor, who has been pre -qualified to participate in the RPP bidding process, may be
moved to the bottom of the rotation list if the Contractor does not submit an RPP bid
response three (3) consecutive times after being invited to bid. A "No Bid" is not
considered a response. Failure to submit a bid response ten (10) times during the term of
the Contract will result in the Contractor being placed in an inactive status. To be reinstated
to active status, the Contractor will be required to submit his request in writing to CIT. The
Contractor may remain in an active status, even if he does not meet these requirements,
provided they submit in writing to the Director, prior to the third or tenth occurrence where
no bid is rendered, justification as to why they could not bid. Acceptance of the justification
is at the sole discretion of the Director. Any Contractor placed in an inactive status shall
loose their current position in the established rotation and will be placed at the back of the
current rotation upon correction of the deficiency and return to active status.
6. Procedures for Obtaining RPP
When the City elects to have Work performed, the City shall notify pre -qualified
Contractor(s), in the manner stated below. The RPP shall specify. all relevant information,
which shall include, but not be limited to, the. following:
• Location where Work is to be performed;
• Technical specifications including any design criteria;
• Design drawings (if applicable);
• Start date for the Work and the completion date or number of days to perform
the Work;
• Logistical constraints that Contractor must conform to in performing the Work;
• Date of site visit/pre-bid conference prior to bid submission (The RPP will also
note if attendance is mandatory);
• Method of Award;
• Type of Contract (fixed price; cost; time & material; etc.);
• Liquidated Damages (if applicable);
• Bid Bond requirements;
• Performance and Payment Bond requirements;
• Payment schedule if other than lump sum;
• Name of the Project Manager; ,.
• Name of Consultant (if applicable);
• Lead point of contact (Project Manager or Consultant);
• Date, time, and place for submission of RPP prices.
The RPP will state the time and place for inspections of the Project site, if mandated or
recommended. Except in cases of emergencies or time constraints, the City will use
reasonable efforts for scheduling site inspection(s) no sooner than forty-eight (48) hours
after distribution of the applicable RPP.
Bid prices shall be submitted, as stated below, on the RPP form and shall be submitted to
the attention of the designated Project Manager. Any bids received which do not utilize the
RPP form shall be rejected as non -responsive. All bids must be received by the due date
and time. The City will not consider bids received after the due date and time.
Furthermore, RPP's bids may not be conditioned on an unapproved revision to any term of
the Contract Documents or any requirement not set forth in the applicable RPP.
-The-Contractor shall perfor-m the- Work -pursuant -to -the -bid -prices -furnished- in response to
the RPP, provided that the City has accepted the Contractor's bid price. Contractor
acknowledges and agrees that the City will accept the Contractor's bid price provided that
such bid price is the lowest responsive, responsible bid price submitted in response to the
RPP and the Project Manager has determined that the Contractor meets the responsibility
requirements to perform the Work. The City reserves the right to determine that a
Contractor is not qualified to perform the Work on any given RPP if the Contractor does not
possess adequate -resources to -perform -the -Work r-the-Contractor is performing Work on
more than one project and the City determines that the Contractor's resources will not
permit the completion of Work on any project within the time(s) specified by the City. The
City also may determine that the lowest bidder is not responsible based on past
performance, or for any other reason permitted by law. Contractors must maintain a
satisfactory rating under the City's Department of Capital Improvement's performance
evaluation program to remain eligible for award of Projects..
Bid prices submitted under an RPP shall be irrevocable for a period of ninety (90) days from
the RPP submission date. Failure to hold prices shall be cause to render the bid non-
responsive and the RPP awarded to the Contractor with the next lowest bid.
Notification of Contractors for competitive bidding on the RPP shall be as follows:
a. For Project valued up to $10,000:
RPP's within this threshold do not require competitive quotations. The
designated City representative will contact the next firm on the assigned
rotation list provided by CIT.
Quotation(s) may be requested by, fax or e-mail. If the user agency is unable
to contact the Contractor provided, then CIT shall provide the user with next
Contractor on the rotation list until a successful Contractor is identified. Only
Contractors provided by CIT and contacted by the user agency shall be
allowed to bid.
b. For projects valued at $10,000.01 and up to $250,000.00:
The designated City representative shall invite a minimum of three (3) firms,
in writing, to offer a quotation based on the list of contractors provided by
CIT. The firms shall submit their quote in a sealed envelope(s) by the
specified time, place and opening date, as stated in the RPP. Only
Contractors provided by CIT and contacted by the user agency shall be
allowed to bid
c. For projects valued at $250,000,01 and up to $500,000.00
The designated City representative shall invite a minimum of five (5) firms, in
writing, to offer a quotation based on the list of contractors provided by CIT.
The firms shall submit their quote in a sealed envelope(s) by the specified
time, place and opening date, as stated in the RPP. Only Contractors
provided by CIT and contacted by the user agency shall be allowed to bid.
d. For projects valued in excess of $500,000.01 up to $5,000;000.00
Project(s) will be competitively bid amongst all pool members, for the
appropriate trade classifications. Bid submissions shall be submitted by the
Contractor in sealed pnvelope(s) by a specified time, place and opening
date.
e. Emergencies
Where a City department determines that the Work to be performed is an
emergency as an unforeseen or unanticipated urgent and immediate need
for equipment, supplies or services where the protection of life, health, safety
or welfare of the community or the preservation of public properties would
not be possible using normal the procedures contained in this Article, the
City department may contact CIT and award the emergency work to the next
firm in the rotational list regardless of value. Emergency quote(s) may be
received by telephone, facsimile or e-mail, followed by written confirmation,
NOTE: The City reserves the right to reject any and all prices submitted on a RPP or to
cancel an RPP at any time.
7. Printed Form of Bid
All bids must be made upon the blank City of Miami Bid Form provided as part of this
solicitation and must give the price in strict accordance with the instructions thereon. The
bid must be signed and acknowledged by the Contractor in accordance with the directions
on the bid form.
Bond Based on Percentage of RPP Price
The Contractor shall be required to furnish a Bid Bond in all instances where a
Performance/Payment Bond is required as part of an RPP. The City, in its sole discretion
may require a bid bond on RPPs that do not require Performance/Payment Bonds. Failure
to submit the bid bond will result in the rejection of the RPP response as non -responsive.
When a bid bond is specified in the RPP, it shall be accompanied by a bid guarantee in the
form of a certified check, cashier's check or bid bond in the amount of 5% of the base bid
price, payable to the City of Miami, Florida and conditioned upon the successful Contractor
submitting the specified performance/payment bond (if required) within fifteen (15) calendar
days following notice of award, in the form and manner required by the City. Any RPP not
accompanied by a bid/bond guarantee shall be considered non -responsive and ineligible
for award. In case of failure or refusal to submit the performance/payment bond within the
time stated, the security submitted with the RPP will be forfeited as liquidated damages and
affect the Contractor's eligibility on future RPP'S and contracts. All Contractors shall be
entitled to the return of their Bid Bond within ten (10) calendar days after award of the RPP.
The following specifications shall apply if a Bid Bond is required:
1. All bonds shall be written through surety insurers authorized to do business
in the State of Florida as surety firms, with the following qualifications as to
management and financial strength according to the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey:
Bond Amount Best Rating
500,001 to 1,500,000 B V
1,500,001 to 2,500,000 A VI
2,500,001 to 5,000,000 A VII
5,000,001 to 10,000,000 A VIII
Over 10,000,000 A IX
2. On RPP amounts of $500,000 or less, the bond provisions of Section
287.0935, Florida Statutes (1985) shall be in effect and surety companies
not otherwise qualifying with this paragraph may optionally qualify by:
a. Providing evidence that the surety has twice the minimum
surplus and capital required by the Florida Insurance Code at
the time the invitation to bid is issued;
b. Certifying that the surety Is otherwise in compliance with the
Florida Insurance Code; and
c. Providing a copy of the currently valid Certificate of Authority
_ issued by -the United: States Department -of the Treasury under
ss. 31 U.S.C. 9304-9308.
Surety insurers shall be listed- in the latest Circular 570. of the U.S. Department of the
Treasury entitled "Surety Companies Acceptable on Federal BondsTM, published annually.
- Thebondamount shall -not -exceed the underwriting -limitations as -shown in this circular.
For RPP's in excess of 500,000 the provisions of the Article will be adhered to plus the
--company-must-have-been-listed for-at--least-three--consecutive-°years, or holding a valid
Certificate of Authority of at least 1.5 million dollars and on the Treasury List.
Surety Bonds guaranteed through U.S. Govemment Small Business Administration or
Contractors Training and Development Inc. will also be acceptable.
In lieu of a Bid Bond, an irrevocable letter of credit or a cash bond in the form of a certified
cashier's check made out to the City of Miami will be acceptable. All interest will accrue to
the City during the life of the RPP and as long as the funds are being held by the City.
The attorney -in -fact or other officer who signs a bid bond for a surety company must file
with such bond a certified copy of a power of attorney authorizing the officer to do so. The
bid bond must be counter signed by the surety's resident Florida agent.
9. Pre-RPP Conference/Site Visit
The City, in its sole discretion, may include a site visit and/or Pre-RPP conference as part of
an RPP. The City may also require mandatory attendance at such site visit/pre- RPP
conference. Failure of a bidder to attend and sign the attendance sheet at a mandatory site
visit/Pre-RPP conference will result in the Contractor's RPP response being rejected.
10. Request for Clarification/Information of an RPP
All requests for clarification of an RPP, must be submitted in writing no lessthan five (5)
working days before the RPP opening or RPP submittal date and time, to the Project
Manager. Where the time frame for submission of a response is less than five (5) days
such time limitation shall not apply. The City shall issue all changes and/or clarifications to
the RPP in writing via an addendum. Verbal statements made by the City or the Consultant
' ' that are not contained in a RPP or addendum to the RPP are not binding on the City and
should not form any basis for a bidder's response to an RPP.
11. RPP Opening Process
All RPPs requiring the submission of sealed responses will be opened on the date, time
and location specified in the RPP.
12. Pricing
Method of response by Contractor(s) shall be stated on the RPP, (ex. time, materials, time
only, cost plus, lump sum, fixed price plus), and shall include at a minimum, all labor,
supervision, material and equipment, and any other items and/or incidentals identified by
the City in the request for quotations, necessary to perform the Work. .
The City, at its sole discretion, may reject quotations where the City determines that the
Contractor has submitted a price that is unbalanced or insufficient to perform the Work or is
in excess of the City's estimate to perform the Work or where the City has determined that
the Contractor does not have the resources available to complete the Work in the stipulated
timeframe. Where such circumstances exist, the City may elect to award to the next low
bidder, obtain additional quotations, issue a separate solicitation, or utilize in-house forces
to complete the Work.
To obtain a copy of the RPP tabulation and/or award, Bidders shall enclose an
appropriately sized self-addressed,_stamped envelope, Bid_tab-ulati_ons._er awards will not
be given by telephone or acsih ile:
13. Performance and Payment Bond
Where required by the RPP the Contractor shall within fifteen (15) calendar days of being
notified-of--the-awar-el; Contractofshall-furnish-a-Performance/Payment-containing all the
provisions of the Performance/Payment forms (Attachments ?? and ???).
Each Bmi- ialt1 Tn th arn-writ'e o hundred percent (1-00°Ion--of tfre- RPP_Price
guaranteeing to City the completion and performance of the Work covered in the RPP as
well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this
Project. Each Bond shall be with a Surety, which is qualified pursuant to Article 14,
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 RPP Price, or an
additional bond shall be conditioned that Contractor will, upon notification by City, correct
any defective or faulty work or materials which appear within one year after Final
Completion of the RPP.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended
from time to time, Contractor 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, Contractor may furnish alternate forms of security,
which may be in the form of cash, money order, certified check, cashier's check or
unconditional letter of credit in the form (Attachment ?). 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 appficable above and shall be held by City for one year after
completion and acceptance of the Work.
14. 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 certificateof authority as acceptable surety on federal bonds
in accordance with United States Department of Treasury Circular 570, Current Revisions.
If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in
order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in
the circular, and the excess risks must be protected by coinsurance, reinsurance, or other
methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR
Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence
satisfactory to City, that such excess risk has been protected in an acceptable manner.
The City will accept a surety bond frorp 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- Financial
Amount of Bond holders Size
Retinas Category
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class .... II:
2,000,001 to 5,000,000 A Class ... Ill
5,000,001 to 10,000,000 A Class ... IV
10,000,001 to 25,000,000 A Class ....V
25,000,001 to 50,000,000 A Class ... VI
50,000,001 or more 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.
15. Responsibility of the Contractor
Where a Contractor is awarded Work, the Contractor shall be responsible for all project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract Documents and the RPP. Project Management
shall include, but is not limited to: obtaining bids from subcontractors and suppliers;
coordinating the securing of all permits; obtaining licenses and inspections; ensuring that
subcontractors comply with all City requirements; performing the Work in accordance with
the Contract Documents and to the satisfaction of the Project Manager or Consultant;
paying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary
and final Certificates of Occupancy or Completion.
In the event of omissions in the RPP and the RPP is are not complete as to any incidental
detail of construction or construction system or with regard to the manner of combining or
installing equipment, parts, or materials, such detail shall be deemed to be an implied
requirement of the RPP. "Minor Detail" shall include the concept of substantially identical
components, where the price of each such component is small. The quality and quantity"of
the equipment, material, or part so furnished shall conform to trade standards and be
compatible with the type, composition, strengths, size and profile of the equipment,
materials or parts otherwise specified in the RPP.
During the progress of the Work, the Contractor shall submit copies of all reports, permits
and inspections required by governing authorities, or necessary for the Project. The
Contractor may be required to prepare a two week look -ahead schedule which must be
submitted to the Project Manager or Consultant on a weekly basis.
16. City Damages in Case of Delay
The Contractor is obligated and guarantees to meet the stipulated completion date(s) set
forth in the RPP. In the event of a delay in completion beyond the date set forth in the RPP,
the Contractor must submit a written request for an extension that states the justification
and number of days requested. in accordance with Section 2, Article 72, "Notification and
__Claim_for_.Change_of_RP_P Lime_ or_RPP_Price,_The_ City _sh.all_.consider all such requests
made in a timely fashion, however if the City determines that the cause of the delay was
avoidable or if insufficient justification is provided, the Contractor will be liable for liquidated
damages as -set -forth in the RPP. In as much as the amount of such damages and the loss
to the City will be extremely difficult to ascertain, it is hereby expressly agreed that such
damages -will -be -liquidated -and -paid -as follows:—
• The Contractor shall pay to the City for each and every calendar day of
unexcused delay, the sum specified tF tfie applicable RPP; whichis hereby
agreed upon not as a penalty but as liquidated damages. The total amount of
liquidated damages shall not exceed the value of the applicable RPP.
• The City shall notify the Contractor that it is incurring liquidated damages
(Attachment 1).
• The City shall have the right to deduct these liquidated damages assessment
from any payment due or which may thereafter become due to the Contractor
under any Contract the Contractor has with the City. In case the amount, which
may become due hereunder, shall be less than the amount of liquidated
damages due the City, the Contractor shall pay the difference upon demand by
the City.
• Should the Contractor fail to compensate the City for any liquidated damages,
the City shall consider this as a form of indebtedness may deny any future Work
under the Contract or any other City contract until such indebtedness is paid In
full to the City.
17. Notice of Award
No expense shall be incurred by the Contractor on an RPP until such time as the Project
Manager issues a Notice of Award (Attachment 12). If a performance/payment bond is
required, the Contractor will be notified in the Notice of Award letter (Attachment 12A).
18. Contingency Allowance
The City may establish a Contingency Allowance for an RPP. This allowance account is for
use at the sole discretion of the City and shall only be distributed through the issuance of a
change order approved by the City. Contractor has no entitlement to these funds as a
result of the award of the RPP by the City.
19. Pre -Construction Meeting
The Project Manager or Consultant may require the Contractor and the Contractor's
subcontractor(s) to attend a meeting prior to the commencement of the Project to review
the scope of work, the method of performance, and any other issues related to the site.
The Project Manager will record significant issues discussed at the meeting and re,cord
agreements and disagreements, along with the final plan of action, and distribute a record
of the meeting to all parties in attendance (Attachment 24).
20. Notice to Proceed
No Work shall be performed on a Project until such time as the Project Manager for the
requesting department has issued a Notice to Proceed (NTP), Attachment 14. The NTP
shall identify the Work to be performed, the RPP identification number, the date Work is to
begin and the date the Work is to be completed. Any expenses, other than those
authorized by the Notice of Award, incurred by a Contractor prior to the issuance of a NTP
is solely at the risk of the Contractor and may not be reimbursed by the City.
21. Schedule of Values
The Contractor 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 for all Projects when
_- the-RPP-time-for completion -exceeds thirty-/301.days—A RPP-may stipulate that a Schedule
of Values may be submitted for projects where the time for completion is less than thirty
(30) days.
The Schedule of Values shall indicate a complete breakdown of labor and material of all
-categories_of..Work_on_the_Project.. _Proportional shares of the Contractor's overhead and
profit should be included in each line item. 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 alter review of the
Contractor's submittal The City reserves the right to require such information from the
Contractor as may be necessary to determine the accuracy of the Schedule of Values. The
combined total value for mobilization under both Schedules of Values shall not exceed 10%
of the value of the RPP award.
The approved schedule of values, with a list of change orders, if any, shall be updated and
included with each payment application.
22. Project Schedules
Contractor shall submit a proposed Project schedule as follows:
■ Schedule identifying all tasks within the critical path for all Projects in excess of
thirty (30) days. The proposed Project schedule shall be submitted within ten
(10) calendar days of the Notice of Award and such submittal shall be subject to
the Project Managers review and acceptance. Upon acceptance of said
schedule the Contractor shall establish said schedule as the baseline schedule.
■ All updates of schedules shall be tracked against said baseline schedule and
shall be at a minimum submitted with each pay application. An updated
schedule against the baseline shall also be submitted upon execution of each
change order that impacts the RPP Time for completion. Failure to submit such
schedules shall result in the rejection of any submitted payment application.
• All Project Schedules shall be prepared in Microsoft Project 2003 or earlier. At
the time of submission of schedules Contractor shall submit a hard copy as well
as an electronic version. Such electronic version shall not be submitted in a .pdf
format and shall be capable of being incorporated in to the City's baseline
schedules.
• Upon approval of the initial schedule submission by the City the Contractor shall
establish the accepted schedule as the "baseline schedule". Contractor shall
then prepare and submit all updates to the schedules utilizing the tracking mode
within Microsoft Project.
23. Progress Payments
Contractor may make application for payment for Work completed during the Project at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. Where the time frame for completion of the work less than or equal to one month or a
Schedule of Values is not required the Contractor shall utilize Attachment 7 for all projects
exceeding one month Attachment 8 shall be utilized. 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 22 of the Supplemental Terms and Conditioris 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 Contractor Within thirty (30) days after approval of Contractor's
application for payment.
Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final
Acceptance by the City Any interest earned on retainage shall accrue to the benefit of City.
All requests for retainage reduction shall be in writing in a separate stand alone document.
City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
• Defective work not remedied.
• Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
• Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
• Damage to another contractor not remedied.
• Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
• Failure of Contractor to provide any and all documents required by the Contract
Documents.
When the above grounds are removed or resolved satisfactory to the Project Manager,
payment shall be made in whole or in part.
The City will pay, and the Contractor shall accept as full compensation for completing a
Project under an RPP, the sums specified in the Contractor's submittal to the RPP, as
accepted by the City.
Contractor may be paid for materials or equipment purchased and stored at the Project Site
or another location. Where a payment request is made for materials or equipment not
incorporated in the Project, but delivered and suitably stored at the site or at some other
location agreed upon in writing, the written documentation must be submitted at the time of
request for payment. Payment shall be conditioned upon submission by the Contractor of
paid invoices and an executed Material Purchased/Stored On -Premises form (Attachment
4) 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 of Miami and transportation to
the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of
damage or loss for any reason.
24. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance,. Project Manager and/or Consultant shall, within ten (10) 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 (Attachment ?) shall be issued by Project Manager, stating
that the requirements of the RPP, have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project
Manager or Consultant a final release of all liens arising out of the RPP, receipts in full in
lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in
full and that all other indebtedness connected with the. Work has been paid, and a consent
of the surety to final payment; the final corrected as -built drawings; and the final bill of
materials, if required, and payment application. Contractor shall deliver the written
Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for
Payment.
if, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and Project Manager or Consultant so certifies, City
shall, upon such certification of Consultant, and without terminating the Contract or RPP,
-make payment -of -the- balance -due for that- portion of the Work fully completed . and
accepted. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor,
except those previously -made -in strict -accordance with -the --provisions of -the -Contract and
identified by Contractor as unsettled at the time of the application for final payment.
25. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment
covered by an application for payment, whether incorporated in the Project or not, will pass
to the City upon the receipt of such payment by the Contractor, free and clear of all liens,
claims, security interests or encumbrances and that no Work, materials or equipment will
have been acquired by the Contractor or by any other person performing Work at the site or
furnishing materials and equipment for the Project, subject to an agreement under which an
interest therein or an encumbrance thereon is retained by the seller or otherwise imposed
by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial
Release of Lien/Subcontractor's Statement of Satisfaction (Attachment 43) for each
application for payment. Failure to submit such documentation may delay payments. The
City may, in its sole. discretion withhold payments for Work performed by Subcontractor
where no release of lien has been submitted. The Contractor shall submit with the final
payment request, for any Project where subcontractor have performed Work, a Final
Release of Lien/Subcontractor's Statement of Satisfaction (Attachment 43A) for each
Subcontractor marked as a final. Failure to submit such documentation will result in delay
in payment or the City withholding from the final payment such funds as necessary to
satisfy any Subcontractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in
lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of
Surety to Requisition Payment (Attachment 44).
26. Hours of Operation
Contractor may perform Work between the hours of 8:00 am and 6:00 pm, Monday
through Friday unless otherwise specified in the RPP. Any Work outside these
hours or on weekends requires the prior written approval of the Project Manager.
27. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Contractor shall hold progress and coordination meetings as required by the project
Manager or Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular monthly job site Project status meetings with
the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool
for the pre -planning of Work and enforcing schedules, and for establishing procedures,
responsibilities, and identification of authority for all parties to clearly understand. During
these meetings, Contractor shall identify the party or parties responsible for following up on
any problems, delay items or questions, and Contractor shall note the action to be taken by
such party or parties. Contractor shall revisit each pending item at each subsequent
meeting until resolution is achieved. Contractor shall attempt to obtain from all present any
potential problems or delaying event known to them for appropriate attention and resolution.
Contractor shall be responsible for keeping minutes of the meeting and distribution of the
minutes to all parties in attendance.
The Contractor shall arrange for the participation of its subcontractors and/or vendors when
the Project Manager requires their presence.
The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to
all parties in attendance (Attachment 25):
28. Warranty of Construction
The Contractor shall warrant that the Work conforms to the RPP and is free of any defects
of the workmanship for a minimum period of one year from the date of Final Completion.
Exception to the above warranty:
• The warranty hereunder shall be in addition to whatever rights the City may have
under law. The Contractor's obligation under this warranty shall be at its own
cost and expense, to promptly repair or replace (including cost of removal and
installation), that item (or part or component thereof) which proves defective or
fails to comply with the Contract Documents within the warranty period such that
it complies with the Contract Documents.
• In the event the Contractor fails to repair or replace defective Work In
accordance with the terms of the Contract Documents, and this warranty, the
City shall have the right to collect such costs incurred or withhold the cost of the
anticipated repairs by offsetting the amount against any payment due the
Contractor under any contract between the City and the Contractor.
• As specified in the Contract Documents
• Ali guarantees and warranties under the Contract Documents are fully
enforceable by the City acting In its own name.
• Contractor shall warrant that the Work is free from latent defects for a period of
five (5) years.
29. Request for Information
The Contractor shall submit a Request for Information (RFI) (Attachment 20) where the
Contractor believes that the RPP 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 Contractor shall include its recommendation for resolution. The City shall respond in
writing utilizing Attachment 21.
30. Substitutions
Whenever materials or equipment are specified or described in the RPP by using the name
of a proprietary item or the name of a particular supplier, the naming of the item is intended
to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by the Project Manager or' Consultant and if sufficient information is submitted by
Contractor to allow the Project Manager or Consultant and to determine that the material or
equipment proposed is equivalent or equal to that named. Requests for review of substitute
items of material and equipment will not be accepted by the Project Manager or Consultant
from anyone other than Contractor.
if the Contractor wishes to furnish or use a substitute item of material 'or equipment,
Contractor shall make application to the Project Manager or Consultant for acceptance
thereof, certifying that the proposed; substitute shall perform adequately the functions and
achieve the results called for by the,general design, be similar and of equal substance to
that specified and be suited to the same use as that specified. The application shall state
that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of Substantial Completion on time, whether or not acceptance of
the substitute for use in the Work will require a change in any of the RPP to adapt the
design to the proposed substitute and whether or not incorporation or use by the substitute
:..in=eonneditor, -with the Wo subjectpaymen --ofanylicense=fee-or royalty -.-All variations
of the proposed substitute from that specified will be identified in the application and •
available maintenance, repair and replacement service shall be indicated. The application
also shall contain an itemized estimate of all costs that will result directly or indirectly from
_acceptance of such substitute, including_cpsts for redesign and claims of other contractors
affected by the resulting.change, all of which shall.be considered by the. Project Manager or
Consultant in evaluating the proposed substitute. The Project Manager or Consultant may
require the Contractor to furnish at Contractor's expense additional data about the
proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the RPP, Contractor may furnish or utilize a substitute means, method,
technique, sequence or procedure of construction acceptable to the Project Manager or
Consultant, if the Contractor submits sufficient information to allow the Project Manager or
Consultant to determine that the substitute proposed is equivalent to that indicated or
required by the RPP. The procedures for submission to and review by the Project Manager
or Consultant shall be the same as those provided herein for substitute materials and
equipment.
The Project Manager or Consultant shall be allowed a reasonable time within which to
evaluate each proposed substitute. The Project Manager or Consultant shall be the sole
judges of the acceptability of any substitute. No substitute shall be ordered, installed or
utilized without the Project Manager or Consultant prior written acceptance which shall be
evidenced by either a Change Order or an approved submittal. The Project Manager or
Consultant may require the Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. If the City and the
Engineer rejects the proposed substitute, at their discretion, the City may require the
Contractor to reimburse the City for the charges of the Consultant for evaluating the
proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions
and any required design of such are in full compliance with and meet all the requirements of
the RPP.
31. Project Site Facilities
As required by an RPP the Contractor shall arrange for all Project -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. Project -site facilities, include, but are not limited to such things as
trailers, toilets, typewriters, computers and any other equipment necessary to carry on the
Construction Work
Contractor's, Sub -Contractor's, supplier's, materialmen's personnel shall not use the City
restrooms that may be available at the Project site without the prior consent of the manager
of the facility or the Project Manager where there is no manager of a facility. The
Contractor shall provide and maintain at his own expense, in a sanitary condition, such
accommodations for the use of his employees as is necessary to comply with the
requirements including Chapter 46 of the Building Code and regulations of the State of
Florida Department of Health and Rehabilitative Services or Dade County Health
Department. The Contractor, his employees or his Sub -Contractors shall commit no public
nuisance or use any facilities that ;have not been specifically provided for use by the
Contractor.
i4
The Contractor shall furnish an adequate supply of drinking water for its and its Sub -
Contractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable
materials are properly disposed of and do not create a nuisance to the City or the public.
The -location. of the -temporary -facilities shall. be :subject.to.-the.: approval _ofL_.the_,Project
Manager or Consultant,
The Contractor shall be required to obtain all necessary permits required for any Project
site facilities. Contractor shall also be responsible to maintain such facilities in a safe and
- working condition.
All such facilities remain the property of the Contractor and the Contractor shall be
responsible for removal and -disposal -of -such -facilities -prior to- Final Acceptance.
32. Project Laborato Testis 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 regulato
agencies. Contractor shall be responsible for the costs associated with all such tests. ry
33. City Permits
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 of Miami 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 (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."
Licenses, permits and fees which may be required by Miami -Dade County the State of
Florida, or other governmental entities are not included in the above list.
33. Security
The site where the Work is to be performed may not be a secure site and the public may
have access to the site. The Contractor shall have sole responsibility for the security of all
Work materials, tools, equipment and Work at the Project site. The City shall not be liable
for any damage or loss to such materials, tools, equipment and Work and the Contractor
shall be responsible for the repair or replacement of all Work such materials, tools, and
equipment.
34. Construction Signage
Where required by an RPP the Contractor shall provide construction signage.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The Contractor shall furnish the two City of Miami signs at the
Project Site 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 3.4
inch (thick) exterior plywood, suitably mounted and readable at eye level. The
colors shall be blue and white. The background shall be white and all lettering
shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will
provide the City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the
Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic.
Signage shall also be placed waterside to alert boater to the construction zone,
requiring idle speed and a minimum clearance distance. Contractor shall
provide drawings for the signage, which shall be subject to approval by the
Consultant.
• The Project Manager and the City shall approve the locations for all signage.
35. Attachments
The City has included in the Contract Documents, as attachments, forms which are to be
utilized by the Contractors and/or the City. Failure by the Contractor to utilize these forms
may result in the rejection or delay in processing the submittal. The City through the CIT
may at its sole discretion and at any time, add, replace or modify the forms used under the
Contract Documents.
Submitted:
City of Miami, Florida
Office,of the City Clerk
City Hall, 1" Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Date
The undersigned, as Respondent, hereby declares that the only persons interested in this' lie -
qualification as principal are named herein and that no person other than herein mentioned has
any interest in this pre -qualification or in the Contract to be entered into; that this response is made
without connection with any other person, firm, or parties submitting a response; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Respondent further declares that it has examined the Contract and all addenda thereto
furnished before the due date for Submittals, as acknowledged below; and that it has satisfied itself
about the requirements for pre -qualification and the types of work to be performed; and all other;
and that this bid is submitted voluntarily and willingly.
The Repsondent agrees, if this Response is accepted, to contract with the City, a municipal
corportation 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 in RPPs covered by the Contract Documents
DIRECTIONS: COMPLETE PART I OR PART'', WHICHEVER APPLIES, AND PARTS III
Part I: Listed below are the dates of issue for each Addendum -received in connection with this Bid:
Addendum No.-1, Dated -
, Addendum No�2,_Dattrl
Addendum No. 3, Dated
Addendum No. 4, Dated
Part 11: No addendum was received in connection with this Bid.
Part 111; Certifications
The Respondent, by virtue of signing the Bid Form, affirms that the Respondent is aware of the
following, and shall comply with all the stated requirements.
1. Affirmative Action Plan
Successful bidder(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
First Source Hiring
Respondent certifies that (s)he has read and understood the provisions of City of Miami
Ordinance No. 10032, pertaining to the implementation of a "First Source Hiring Agreement".
Evaluation of bidder's responsiveness to Ordinance No. 10032 may be a consideration in the
award of a contract. Violations of this Ordinance may be considered cause for annulment of a
contract between the successful bidder and the City of Miami; and
2. Non -Collusion
Respondent certifies that the only persons interested in this pre -qualification are named herein;
that no other person has any interest in this pre -qualification or in the Contract to which this
pre -qualification pertains; that this Response is made without connection or arrangement with
any other person; and
3. Druq Free Workplace
The undersigned Respondent 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
Bidder'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;
(il)The Bidder's policy of maintaining a drug -free workplace;
(ill )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) (li) 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
4. 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)If any funds other than Federal appropriated funds have been paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure. Form to Report Lobbying," in
accordance with its instructions.
--(3)This undersigned ssh'ati-require-thdt the -language -of -this -certification be included In the award
documents for "AII" 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-orentering-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 $10,000 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).
5. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, 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;
6. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, 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 civily 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 ublic
transactions (Federal, State, or local) terminated for cause or default. p
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami.
THE RESPONDENT 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-Namef-f-itie.
City/.S.tate/Zip:
Telephone_Ne,a..
Facsimile No.: E-Mail Address:
Social Security
No. or Federal
I. D.No.:
Dun and
Bradstreet No.:
If a partnership, names and addresses of partners:
(if applicable)
•
4.
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.
IN WITNESS WHEREOF, 1 have hereunto set my hand this - , day of , 20
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint venturers must submit a joint venture agreement indicating that the person signing this bid Is
authorized to sign bid documents on behalf of the joint venture. If there Is no joint venture agreement each
member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate,
partnership, or individual).
CFR!I1,ICA'1 h Ur" AU HURI1'Y
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing business as
(d/b/a) (If Applicable) have executed and am bound by the
terms of the bid to which this attestation is attached.
IN WITNESS WHEREOF, l have hereunto set my hand this , day of , 20
Signed:
Print:
s
r
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
I ltla•
w .4
THIS IS A CONTRACT, dated as of the day of
2005, by and between the City of Miami, a political subdivision of the State of Florida,
hereinafter referred to as City, and , hereinafter
refereed to as Contractor.
f•
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year
first above written.
ATTEST:
Priscilla A. Thompson, City Clerk
ATTEST:
Print Name:
Title:
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City Attorney
THE CITY REQUIRES FOUR (4) FULLY -
"City"
City Of Miami, a municipal
corporation
By:
Pedro G. Hernandez, City Manager
"Contractor"
a corporation
By:
Print Name:
Title:
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm
Risk Management Administrator
EXECUTED CONTRACTS, FOR DISTRIBUTION
THIS PAGE IS NOT TO BE COMPLETED UNTIL THE CITY COMMISSION HAS APPROVES
THE INITIAL AWARD OF THE CONTRACT(S).