HomeMy WebLinkAboutExhibitBID NO. 07-08-017
MELREESE CLUBHOUSE & RESTAURANT
CIP PROJECT NO. B- 30566
Due Date: Thursday, July 17, 2008
Due Time: 2:00 P.M.
Mayor Manuel A. Diaz
Commissioner Angel Gonzalez, District 1
Commissioner Marc Sarnoff, District 2
Commissioner Joe M. Sanchez, District 3
Commissioner Tomas P. Regalado, District 4
Commissioner Michelle Spence -Jones, District 5
City Manager, Pedro G. Hernandez, P.E.
Issued By:
City of Miami
Department of Capital Improvements Program
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
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TABLE OF CONTENTS
NOTICE TO CONTRACTORS 6
Section 1 - Instructions for Submission 6
1. Intention of City 8
2. Scope of Work 8
3. Location of Project(s) 8
4. Performance of the Work 8
5. Examination of Contract Documents and Site 9
6. Addendum 9
7. Bid Submission 9
8. Bid Guaranty 9
9. Preparation of Bid 10
10. Pre -Bid Conference 10
11. Postponement of Bid Opening Date 10
12. Acceptance or Rejection of Bids 10
13. Environmental Regulations 11
14. Bid Award 11
15. Bid Protest 11
16. Local, Small, and Disadvantaged Firm Participation 11
17. Minority /Women -Procurement Program _---------------------11
18. First Source Hiring Agreements 12
19. Local and Minority/Woman Participation Reporting 13
20. Cone of Silence 13
21. Public Entity Crime 13
22. Fraud and Misrepresentation 14
23. Collusion 14
24. Contractor in Arrears of Default 14
25. Cancellation of Solicitation 14
Section 2 - General Terms and Conditions 15
1. Definitions 15
2. Time is of the Essence 17
3. Contract Term 17
4. Notices 18
5. Priority of Provisions 18
6. Indemnification 19
7. Insurance 19
8. Performance and Payment Bond 22
9. Qualification of Surety 22
10. General Requirements 23
11. Method of Performing the Work 24
12. Work Staging and Phasing 25
13. Site Investigation and Representation 25
14. Contractor to Check Plans, Specifications and Data 25
15. Contractor's Responsibility for Damages and Accidents 25
16. Accidents 26
17. Safety Precautions 26
18. Occupational Health and Safety 27
19. Labor and Materials 27
20. Rules, Regulations, and Licenses 27
Melreese Clubhouse and Restaurant Bid No.: 07-08-017
21. Consultant Services 27
22. Project Management 28
23. Superintendence and Supervision 28
24. Authority of the Project Manager 29
25. Inspection of Work 30
26. Taxes 31
27. Separate Contracts 31
28. Lands of Work 31
29. Coordination of Work 31
30. Differing Site Conditions 31
31. Existing Utilities 32
32. Contractor's Responsibility for Utility Properties and Service 32
33. Interfering Structures 33
34. Field Relocation 33
35. Contractor's Use of Work Site 33
36 Warranty of Materials and Equipment 34
37. Material and Equipment Shipment, Handling, Storage and Protection 34
38. Manufacturer's Instructions 36
39. Manufacturer's Warranty 36
40. Submittals 36
41. Shop Drawings_. 38
42. Product Data 39
43. Samples 39
44. Record Set 39
45. Supplemental Drawings and Instructions 40
46. Contractor Furnished Drawings 40
47. Substitutions 40
48. City Furnished Drawings 41
49. Interpretation of Drawings and Documents 41
50. Product Tests 42
51. Field Directives 42
52. Changes in the Work or Contract Documents 42
53. Continuing the Work 42
54. Change Orders 42
55. Change Order Procedure 43
56. No Oral Changes 44
57. Value of Change Order Work 44
58. Extra Work Directive 47
59 Field Layout of the Work and Record Drawings for Drainage Projects 48
60. Survey Work for Drainage Projects 49
61. As -Built Drawings 50
62. Worker's Identification 51
63. Removal of Unsatisfactory Personnel 51
64. Substantial Completion, Punch List, & Final Completion 51
65. Acceptance and Final Payment 52
66. NDPES Requirements 53
67. Force Majeure 53
68. Extension of Time 53
69. Notification of Claim 54
70. Extension of Time not Cumulative 54
Melreese Clubhouse and Restaurant Bid No.: 07-08-017
71. Contractor's Damages for Delay 55
72. Excusable Delay, Non-Compensable 55
73. Defective Work 55
74. Acceptance of Defective or Non -Conforming Work 56
75. Uncovering Finished Work 56
76. Correction of Work 56
77. Maintenance of Traffic and Public Streets 57
78. tocation and Damage to Existing Facilities, Equipment or Utilities 58
79. Stop Work Order 59
80. Hurricane Preparedness 59
81. Use of Completed Portions 60
82. Cleaning Up; City's Right to Clean Up 60
83. Removal of Equipment 61
84. Set -offs, Withholdings, and Deductions 61
85. Event of Default 61
86. Notice of Default -Opportunity to Cure 62
87. Termination for Default • 62
88. Remedies in the Event of Termination for Default 62
89. Termination for Convenience 63
90. Resolution of Disputes 64
91. --Mediation-Waiver of Jury Trial 64
92. City May Avail Itself of All Remedies 65
93. Permits, Licenses and Impact Fees 65
94. Compliance with Applicable Laws 65
95. Independent Contractor 65
96. Third Party Beneficiaries 66
97. Successors and Assigns 66
98. Materiality and Waiver of Breach 66
99. Severability 66
100. Applicable Law and Venue of Litigation 67
101. Amendments 67
102. Entire Agreement 67
103. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act 67
104. Evaluation 67
105. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade
County and the State of Florida 67
106. Royalties and Patents 68
107. Continuation of the Work 68
108. Review of Records 68
109. No Interest 68
110. Payments Related to Guaranteed Obligations 68
111. Consent of City Required for Subletting or Assignment 69
112. Agreement Limiting Time in Which to Bring Action Against the City 69
113. Defense of Claims 69
114. Contingency Clause 69
115. Mutual Obligations 69
116. Contract Extension 70
117. Non -Exclusivity 70
118. Nature of the Agreement 70
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119. Contract Documents Contains all Terms 70
120. Applicable Law and Venue of Litigation 70
121. Survival 70
Section 3 - Supplemental Terms and Conditions 71
1. Contract Time 71
2. Contract Allowances 72
3. Progress Payments 71
4. Liquidated Damages 72
5. Bonus Provisions 71
6. Schedule of Values 72
7. Project Schedules 73
8. Release of Liens/Subcontractor's Statement of Satisfaction 73
9. Progress Meetings 74
10. Request for Information 74
11. Substitutions 74
12 Project Site Facilities 75
13. Project Laboratory Testing Services 76
14. Security 76
15. Construction Signage 76
16. Aerial Photography 77
Section 4 - Bid Forms 78
Certificate Of Authority 84
Certificate Of Authority (If Joint Venture) 84
Certificate Of Authority (If Individual) 84
Section 5- Attachments 86
Bid Bond Forms 86
Certificate As To Corporate Principal 88
Supplement To Bid Forms 89
Questionnaire 89
Customer Reference Listing 93
Office Location Affidavit 94
Section 6 - Contract Execution Form 95
Corporate Resolution 98
Form Of Performance Bond 99
Certificate As To Corporate Principal 103
Performance And Payment Guaranty Form 104
(Unconditional/Irrevocable Letter Of Credit) 104
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
INVITATION TO BID NO. 07-08-017
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1`t Floor,
3500 Pan American Drive, Miami, Florida 33133-5504 for:
MELREESE CLUBHOUSE AND RESTAURANT, B- 30566
Bids Due: Thursday, July 17, 2008, AT 2:00 P.M.
Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary
to The Work consists of the following:
The Project consists of construction of a new Melreese Golf Course Club House &
Restaurant Facility consisting of a gross building area of approximately 17,459 SF,
including indoors and outdoor spaces, breezeways, courtyard, tennis courts and
covered open air perimeter.
The Project consists of two Phases. The Phase I consists of the construction of the
clubhouse, tennis shelter, and receiving area and golf cart parking area including all
necessary utilities. Also included in this phase are the improvements to the existing
parking lot and the connection to the adjacent parking lot which serves the sports
complex. Phase II consists of the removal of the existing trailers and tent canopies
and removal/capping of existing abandoned utilities. Also included in this phase is
the construction of the tennis courts and fence; construction of the road that will
serve the kitchen receiving area; and the improvements to the existing service road.
The completed Work will provide other incidental work in connection therewith all as
indicated on drawings. The Contractor shall furnish all required materials, labor and
equipment for the Project.
CIP has scheduled a non -mandatory pre -bid conference which will be held at the
following date, time and location:
Location: City of Miami MRC Building, 444 SW 2nd Avenue,
Miami, Florida 33130 - 10th Floor City Manager's Main Conference Room
Date/Time: Thursday, June 26, 2008 at 10:00 a.m.
Minimum Requirements: Prospective Bidder shall hold a current certified license as a General
Contractor from the State of Florida or a current certified license as a Building Contractor from
the State of Florida and must have a minimum of five (5) years experience in the construction of
similar projects including five (5) separate project references of similar size, scope, and
complexity, supported by references within the past five (5) years. At least one of these projects
must have been for the construction of a new retail and/or restaurant facility The Bidder must
self -perform at least twenty percent (20%) of the physical construction work.
Bid packages containing complete instructions, plans and specifications may be obtained on or
after June 18, 2008, from the City of Miami Department of Capital Improvements Program, in
person from Melanie Whitaker, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130 (305-416-
1775), mwhitaker(amiamic ov.com, Bid packages will be available in hard copy onlv for a Non-
refundable fee of $200.00.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
It is the sole responsibility of all firms to ensure the receipt of any addendum and it is
recommended that firms periodically check the CIP webpage for updates and the
issuance of addenda at:
http://www.miamioov.com/Ca pital I mprovements/pages/ProcurementOpportunities/Default.asp
All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be
submitted in duplicate originals in the envelopes provided. At the time, date, and place above,
bids will be publicly opened. Any bids received after time and date specified will not be
considered. The responsibility for submitting a bid/proposal before the stated time and date is
solely and strictly the responsibility of the bidder/Bidder. The City is not responsible for delays
no matter what the cause.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Section 1 — Instructions for Submission
1. Intention of City
It is the intention of City to describe in this Invitation to Bid the Project(s) to be completed
in accordance with all codes and regulations governing all the Work to be performed
under this Project. Any work, materials or equipment that may reasonably be inferred
from the Contract as being required to produce the intended result shall be supplied by
Contractor whether or not specifically called for. Where words have a well-known
technical or trade meanings 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 Contractor shall comply
therewith. City shall have no duties other than those duties and obligations expressly
set forth within the Contract Documents.
2. Scope of Work
The Work specified in this bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and services necessary to perform the
following Work. -
The Project consists of construction of a new Melreese Golf Course Club
House & Restaurant Facility consisting of a gross building area of
approximately 17,459 SF, including indoors and outdoor spaces,
breezeways, courtyard and covered open air perimeter. The design
program encompasses a net building area of approximately 16,464 SF.
The facility is a composition of two main building blocks defined by three
distinct gabled roof elements —the third roof covering the main central
breezeway and main entrance, tennis courts covered canopy -with
frontage on the residential Grapeland Heights neighborhood.
The Project will be constructed in two Phases Phase I consists of the
construction of the clubhouse, tennis shelter, and receiving area and golf
cart parking area including all necessary utilities. Also included in this
phase are the improvements to the existing parking lot and the
connection to the adjacent parking lot which serves the sports complex.
Phase II consists of the removal of the existing trailers and tent canopies
and removal/capping of existing abandoned utilities. Also included in this
phase is the construction of the tennis courts and fence; construction of
the road that will serve the kitchen receiving area, and the improvements
to the existing service road.
3. Location of Project(s)
1802 NW 37th Ave, Miami, Florida 33125
4. Performance of the Work
Bidder must be capable of self- performing twenty percent (20%) of the Work. By
submitting a Bid the Bidder certifies that it will utilize its own employees to meet
this requirement. As part of the Bid the Bidder must include the form entitled
"Questionnaire". Failure to complete and submit this form or to meet this
requirement shall result in the Bid being deemed non -responsive. Where the
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Contractor is deemed to not meeting this requirement during the performance of
the Work the Contractor shall be in default of the Contract Documents.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder before submitting a response to this Invitation to Bid
(ITB) to:
• Carefully review the ITB, including any Addendum and notify the City of all
conflicts, errors or discrepancies.
• Visit the site(s) or structure(s) to become familiar with conditions that may affect
costs, progress, performance or furnishing of the Work.
• 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 Bidder's ability to perform
the Work.
• Study and carefully correlate Contractor's observations with the requirements of
the ITB.
The submission of a Bid in response to this solicitation shall constitute an
incontrovertible representation by Bidder that they will comply with the 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.
6. Addendum
Only questions answered by written Addendum 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 Program (CIP) in writing. Interpretations or
clarifications considered necessary by CIP in response to such questions will be issued
by City by means of Addendum mailed or delivered electronically to all parties recorded
by the CIP as having received the solicitation documents. All Addendum will be posted
on the CIP webpage. Written questions should be received no less than ten (10)
calendar days prior to the date Bids are due. There shall be no obligation on the part
of CIP to respond to questions received less than ten (10) calendar days prior to bid
opening.
7. Bid Submission
All Bids must be received in duplicate by the City of Miami, City Clerk's office located at
City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and
date specified for bid opening, enclosed in a sealed envelope, legibly marked on the
outside:
BID NO.: 07-08-017
BIDS FOR: Melreese Clubhouse and Restaurant, Project No. B- 30566
Failure to submit a duplicate copy may result in the reject of the Bid as non -responsive.
8. Bid Guaranty
All Bids shall be accompanied by either an original bid bond executed by a Surety
meeting the requirements of the City, or by cash, money order, certified check, cashier's
check, Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less
than $200,000) issued to City Certified M/WBE's by the City's M/WBE Office, treasurer's
check or bank draft of any national or state bank (United States), in the amount of 5% of
the total Bid amount, payable to City, Florida, and conditioned upon the successful
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Bidder executing the Contract and providing the required Performance Bond and
Payment Bond and evidence of required insurance within fifteen (15) calendar days after
notification of award of the Contract. The time for execution of the Contract and
provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may
be extended by the City's Capital Improvements and Transportation Department at its
sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award
of Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL
NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be
forfeited to the City as liquidated damages, not as a penalty, for the cost and expense
incurred should said Bidder fail to execute the Contract, and provide the required
Performance Bond.
9. Preparation of Bid
The Bid Form consists of the Bidder providing a lump sum price for both phases of the
Work. (Phase). In addition, the Bidder must provide pricing for each of the listed
alternates. Failure to provide prices for each of the alternates will result in the Bid being
rejected as non -responsive.
All Bids must be made upon the blank City forms provided herein. The Bid must be
signed and acknowledged by the Bidder in accordance with the directions on the ITB.
Failure to utilize the city's forms, or fully complete said forms may result in a
determination that the response is non -responsive
The Bidder may be considered non -responsive if Bid is conditioned to modifications,
changes, or revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, overhead expense and profit,
equipment including, but not limited to, tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Contract Documents.
10. Pre -Bid Conference
A non -mandatory conference and site visit will be held on June 26, 2008 starting at
10:00 a.m. at City of Miami MRC Building, 444 SW 2nd Avenue, Miami, Florida 33130
10th Floor, City Manager's Main Conference Room to discuss this solicitation. Since
space is limited, it is recommended that one 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.
11. Postponement of Bid Opening Date
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 five (5) calendar days notice of any
such postponement to prospective Bidders.
The City shall make reasonable efforts to issue addenda within five (5) calendar days
prior to the due date.
12. Acceptance or Resection of Bids
The City reserves the right to reject any or all Bids prior to award.
Reasonable efforts will be made to either award the Contract or reject all Bids within
ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid
unilaterally nor change the Contract Price before the expiration of one hundred twenty
(120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after
the expiration of one hundred twenty (120) calendar days from the date of Bid opening
by delivering written notice of withdrawal to the Department of Capital Improvements and
Transportation prior to award of the Contract by the City Commission.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, 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
Bidder that there are no citations or violations. Bidders shall notify the City immediately
of notice of any citation or violation which Bidder may receive after the Submittal opening
date and during performance of the Work under this Contract.
14. Bid Award
The City shall determine the apparent lowest Bidder by adding the cost of the lump sum
Bid with the cost of the each of the alternates the City selects to include in the award.
The City will issue the award of the Contract to the lowest responsive and responsible
Bidder. The City may require demonstration of competency and at its sole discretion
conduct site visits, require the Bidder to furnish documentation and/or require the
contractor to attend a meeting to determine the Bidder's qualifications and ability to meet
the terms and conditions of this Contract. The City shall consider, but not be 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.
The Bidder 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.
Any Bidder who, at the time of submission, is involved in an ongoing bankruptcy as a
debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or
receiver has been appointed over all or a substantial portion of the property of the Bidder
under federal bankruptcy law or any state insolvency, may be declared non -responsive.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in writing to the Director of
Purchasing/Chief Procurement Officer who shall have the authority, subject to the
approval of the City Manager and the City Attorney, to settle and resolve a protest with
final approval by the City Commission. Bidders are alerted to Section 18-103 of the
City's Code describing the protest procedures. Protests failing to meet the requirements
for filing shall NOT be accepted. Failure of a party to timely file shall constitute a
forfeiture of such party's right to file a protest. NO EXCEPTIONS.
16. Local, Small, and Disadvantaged Firm Participation
The City strongly encourages Contractors to secure the participation of small
businesses; Community Small Business Enterprises (CSBE), and/or Disadvantaged
Business Enterprises (DBE) that are currently registered with and/or certified by other
governmental agencies within Florida, such as under programs in effect for the Florida
Department of Transportation, Miami -Dade or Broward Counties, and the Miami Dade
County Public Schools. Similarly, the City also strongly encourages Contractors to
secure the participation of firms located within the City's jurisdictional limits. Forms are
provided for this purpose.
17. Minority /Women Procurement Program
Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs
and Procurement Ordinance of the City of Miami, Florida, sets forth "...a goal of
awarding at least 51 percent of the City's total annual dollar volume of all expenditures
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
for all goods and services to Black, Hispanic and Women minority business enterprises
on an equal basis." A minority business enterprise is defined as a business firm "...in
which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women
and whose management and daily business operations are controlled by one or more
Blacks, Hispanics or Women."
The City has established a voluntary goal of 0% Black, Hispanic and/or Female
participation by City certified Minority Women Business Enterprise (M/WBE) owned firms
for this Project. The various ways the City encourages that the 51 % goal can be met is:
(1) by having the Contractor become a City certified M/WBE firm, or (2) the Contractor, if
not a City of Miami certified M/WBE firm, to reach out to City of Miami certified M/WBE
firms to subcontract Work
Contractors are reminded that a contractor certified as a City M/WBE firm will be
considered meeting this goal without reaching out to City certified M/WBE firms for the
sub -trades.
Successful Bidder(s) shall be required to have an Affirmative Action Plan, if not; an
Affirmative Action Policy shall be established, pursuant to Ordinance #10062 as
amended. Effective date of implementation must be indicated on the policy.
Minority and women -owned business firms are encouraged, but not required, to register
with the City prior to submitting Bids. The Purchasing Department, Minority/Women
Business Affairs Office, will provide the necessary forms and instructions upon request.
All. Bidders are urged to submit responses for any goods or services that they are able to
supply, regardless of minority classification. However, compliance with all requests for
information regarding Minority/Women Status or Participation is required. Bidder's
cooperation is greatly needed to aid the City in achieving its goal. Bidders may contact
the Purchasing Department at (305) 416-1958 for information.
18. First Source Hiring Agreements
Section 18-110 of the City Code states:
(a) The City commission approves implementation of the first -source hiring
agreement policy and requires as a condition precedent to the execution of
service contracts for facilities, services, and/or receipt of grants and loans, for
projects of a nature that create new jobs, the successful negotiation of first
source hiring agreements between the organizationor individual receiving said
contract and the Authorized Representative unless such an agreement is found
infeasible by the City Manager and such finding approved by the City
commission at a public hearing.
b) For the purpose of this section, the following terms, phrases, words and
their derivations shall have the following meanings:
Authorized Representative means the Private Industry Council of South
Florida/South Florida Employment and Training Consortium, or its successor as
local recipient of federal and state training and employment funds.
Facilities means all publicly financed projects, including but without limitation,
unified development projects, municipal public works, and municipal
improvements to the extent they are financed through public money or services
or the use of publicly owned property
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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 Contract 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.
19. Local and Minority/Woman Participation Reporting
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". 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.
20. Cone of Silence
Pursuant to Section 18-74 of the City of Procurement Code and City of Miami Ordinance
No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and
terminates at the time the City Manager issues a written recommendation to the Miami
City Commission. The Cone of Silence prohibits any verbal communications regarding
this ITB.
Any communication concerning this ITB must submit in writing to CIP and Bidders must
file a copy of such written communications with the Office of the City Clerk. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk
at tchircut( miamioov.com.
This language is only an overview of the requirements of the Cone of Silence. Please
review Section 18-74 of the City of Procurement Code or City of Miami Ordinance No.
12271 for a complete and thorough description of the Cone of Silence. You may also
contact the City Clerk at (305)-250-5360, to obtain a copy.
21 Public Entity Crime
A person or affiliate who has been placed on the convicted Bidder list following a
conviction for a public entity crime may not submit a proposal on a contract to provide
any goods or services to a public entity, may not submit a Response on a contract with a
public entity for the construction or repair of a public building or public 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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Category Two for a period of 36 months from the date of being placed on the convicted
Bidder / Bidder list.
22. 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.
23. Collusion
Where two (2) or more related parties, as defined herein, each submit a response to an
ITB; 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 ITB.
Related parties shall mean employees or the principals thereof which have a direct or
indirect ownership interest in another firm 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. ITB responses found to be collusive shall be rejected.
24. Contractor in Arrears 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.
25. 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.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Section 2 — General Terms and Conditions
1. Definitions
Basis of Design means a specific manufacturer's product that is named; including the
make or model number or other designation, establish the significant qualities related to
type, function, dimension, in-service performance, physical properties, appearance, and
other characteristics for purposes of evaluating comparable products of other
manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the
price, authorized signature and all other information or documentation required at by the
Contract Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized
representative.
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 Invitation to Bid (ITB) solicitation and the Bid documents that have
been executed by the Bidder and the City subsequent to approval of award by the City
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 ITB.
Contract Documents means the Contract as may be amended from time to time, the
plans and drawing, all addendum, clarifications, directives, change orders, payments
and other such documents issued under or relating to the Project
Construction Change Directive means a written directive to effect changes to the
Work, issued by the Consultant or the Director that may affect the ITB Contract price or
time.
Construction Schedule means a critical path schedule or other construction schedule,
as defined and required by the Contract Documents.
Consultant mean the Architect or Engineer of Record contracted by the City to prepare
the plans and specifications for the Projects. Consultant may also be referred to as
Architect or Engineer of Record.
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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 specifications included as part of
a Bid/Proposal Solicitation 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 Contractor 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 architect or engineer of record or the City and submitted
all documentation required by the Contract Documents.
Inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by 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.
Notice of Award means the written letter to the Contractor notify the Contractor that
they have been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the
Contractor may begin Work on the Project.
Plans and/or Drawings means the official graphic representations of a Project.
Project Or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the Contract Documents whether completed or
partially completed, and includes all other labor, materials, equipment and services
provided or to be provided by the Contractor to fulfill the its obligations, including
completion of the construction in accordance with the Drawings and Specifications. The
Work may constitute the whole or a part of the Project.
Project Manager means the individual assigned by CIP to manage the Project.
Request For Information (RFI) means a request from the Contractor seeking an
interpretation or clarification relative to the Contract Documents. The RFI, which shall be
clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring
clarification or interpretation and why the response is needed. The RFI must set forth
the Contractor's interpretation or understanding of the document(s) in question, along
with the reason for such understanding.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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.
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 Bidder to pre -qualify under
this solicitation.
Substantial Completion means that point at which the Work is at a level of completion
in substantial compliance with the 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. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as
much priority as is necessary to cause the Work to be completed on a timely basis in
accordance with the Contract Documents. All Work shall be performed strictly (not
substantially) within the time limitations necessary to maintain the critical path and all
deadlines established in the Contract Documents.
All dates and periods of time set forth in the Contract Documents, including those for the
commencement, prosecution, interim milestones, milestones, and completion of the
Work, and for the delivery and installation of materials and equipment, were included
because of their importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the Contract
Documents Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 70, Excusable Delays, the 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
Contract Documents Time, and shall not entitle the Contractor to an adjustment. All
parties under the control or contract with the Contractor shall include but are not limited
to materialmen 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.
3. Contract Term
The Contract shall commence upon issuance of the Notice of Award to the Contract,
which shall be issued upon execution of the Contract by the City. The Contract shall
terminate upon notice by the City that the Contract has been closed -out after final
completion or otherwise terminated by the City pursuant to the terms and conditions
herein set forth.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the
Contract, such must be addressed to the party for whom it is intended at the place 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 e-mail
or facsimile. Notice shall be deemed given via courier/delivery service upon the initial
delivery date by the courier/delivery service. For the present, the parties designate the
following as the respective places for giving of notice:
For City of Miami:
Mr. Gary Fabrikant
Assistant Director
Department of Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
Robert Fenton.
Project Manager
Office of the City Manager
City of Miami
444 S.W. 2nd Avenue, - 10th Floor
Miami, Florida 33130
For Contractor:
(To Be Determined)
During the Work the Contractor shall maintain continuing communications with
Consultant and the Project Manager. The Contractor shall keep the City fully informed
as to the progress of the Project at all times through ongoing communications with the
Project Manager.
5. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or
any document incorporated into the Contract Documents by reference and a term,
statement, requirement, the specifications and 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 Contract Documents shall govern over the Contract
• Addendum to an ITB shall govern over a ITB
In the event of conflicts within the Contract Documents 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 portions of the
plans, unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
• 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
6. 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, recklessness or
intentional wrongful misconduct of Contractor 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 to City. The
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 proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions
of every name_.and_description whichinay be brought against City whether performed by
Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity
will be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla. Statue.
Contractor shall require all Sub -Contractor agreements to include a provision that they
will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or
responsible for any claims which may result from any actions or omissions of the
Contractor in which the City participated either through review or concurrence of the
Contractor's actions. In reviewing, approving or rejecting any submissions by the
Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor, under this Agreement.
7. Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Work to be performed under this
Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1. Workers' Compensation insurance to apply for all employees in
compliance with the Statutory "Workers' Compensation Law" of the State
of Florida and all applicable federal laws. In addition, the policy(ies) must
include:
• Waiver of subrogation
• Limits of Liability
7_2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00)
Dollars each bodily injury caused by an accident, each accident. One
Million Dollars ($1,000,000.00) Dollars each bodily injury caused by
disease, each employee. One Million Dollars ($1,000,000.00 Dollars
each bodily injury caused by disease, policy limit.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
7.3. Comprehensive General Liability (CGL) with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. General Aggregate
Limit of Two Million Dollars ($2,000,000.00). Coverage must be
afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
-Products -and/or--Completed---Operations -for---contracts with an
Aggregate Limit of One Million Dollars ($1,000,000.00) per
project. 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.
• Personal and Advertising Injury with an aggregate limit of One
Million Dollars ($1,000,000) $1,000,000.00.
• CGL Required Endorsements
o Employees included as insured
o Independent Contractors Coverage
o Contractual Liability
o Waver of Subrogation
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of
the Contractor.
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.
7.4. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
• Owned Vehicles.
• Hired and Non -Owned Vehicles.
• Employers' Non -Ownership.
• Employees included as insured
• City of Miami as Additional Insured
7_5. Umbrella Policy
• Bodily injury and property damage liability with limits of three
Million Dollars ($3,000,000) each occurrence and an aggregate
limit of Five Million Dollars ($5,000,000).
Excess coverage over the policies as follows:
• Commercial General Liability
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
• Business Automobile Liability
City shall be listed as an additional insured.
7. 6. Installation Floater for the installation of machinery and/or equipment into
an existing structure is required. The coverage shall be "All Risk"
coverage including installation and transit for 100 percent of the "installed
replacement cost value," covering City as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00) each
claim.
7. 7 Cessation of Insurance —Coverage is not to cease and is to remain in
force (subject to cancellation notice) until final acceptance by City.
7. 8 Flood Insurance —When the machinery or equipment is located within an
identified special flood hazard area, flood insurance must be afforded for
the lesser of the total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage available under the
National Flood Program.
7.9 Builder's Risk
Causes of loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $2,500, All other Perils 5%
maximum on Wind, City_ ofMiami included as an Additional Insured.
A. LimitNalue at Location or Site $4, 400,000
B. Coverage Extensions:
• Materials, supplies and similar property owned by others for which you
are responsible.
• Full coverage up to policy limits for equipment breakdown.
• Temporary storage/transit coverage.
• Full coverage up to policy limits for site preparation, re -excavation, re -
preparation and re -grade in the event of a Toss.
• Fences, scaffolding, construction forms coverage and signs
• Valuable papers coverage for blueprints, site plans and similar
documents.
• Trees, shrubs, sod, plants while at premises.
• Flood, including inundation, rain, seepage and water damage.
• Earthquake
• Business Interruption
• Subsidence
• New ordinance or law; reimbursement for any resulting loss of value to
the undamaged portion, and required demolition expenses, including
construction necessary to repair, rebuild or re -construct damaged parts.
• Escalation clause in the event of a total loss up to 5% of policy limit.
• Temporary structures, cribbing and false work built or erected at
construction site.
• Unintentional errors and omissions in reporting clause
• Full coverage up to policy limits for testing including physical loss
caused by pneumatic and hydrostatic testing.
• Debris Removal.
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change. If the initial insurance expires prior to the completion of the Work,
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 Program the Certificates of
Insurance or endorsements evidencing the insurance coverage specified above within
fifteen (15) calendar days after notification of award of the Contract. The required
Certificates of Insurance shall name the types of policies provided, refer specifically to
this Contract, and state that such insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used
in all insurance documentation.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
8. Performance and Payment Bond
Where required by the Contract Documents the Contractor shall within fifteen (15)
calendar days of being notified of award, furnish a Performance/Payment containing all
the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value
guaranteeing to City the completion and performance of the Work covered in the
Contract Documents as well as full payment of all suppliers, laborers, or 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 Contract value, 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 Project.
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, 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 attached. Such alternate forms of security
shall be subject to the prior approval of City and for same purpose and shall be subject
to the same conditions as those applicable above and shall be held by City for one year
after completion and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars
($500,000.00):
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Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident agent in
the State of Florida and having been in business with a record of successful
continuous operation for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with United States Department of Treasury Circular 570,
Current Revisions. If the amount of the Bond exceeds the underwriting limitation set
forth in the circular, in order to qualify, the net retention of the Surety shall not
exceed the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance with
Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the Surety shall provide City with evidence satisfactory to City,
that such excess risk has been protected in an acceptable manner.
The City will accept a surety bond from a company with a rating of B+ or better for
bonds up to $2 million, provided, however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida
Insurance Commissioner, the City shall review and either accept or reject the surety
company based on the financial information available to the City. A surety company
that is rejected by the City may be substituted by the Bidder or proposer with a surety
company acceptable to the City, only if the bid amount does not increase. The
following sets forth, in general, the acceptable parameters for bonds:
Policy- Financial
Amount of Bond holders Size
Ratings 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 ....III
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 Tess, 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.
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.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 provide temporary facilities and controls necessary to perform the
Work and to ensure safe and proper access and use of the site by the Project Manager
and the Consultant. Any such specific requirements will be included in the Technical
Specification portion of the ITB.
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 Contract Documents.
Contractor shall bear all losses resulting to it on account of the amount or character of
the Work, or the character of the ground, being different from what 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.
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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 Investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work under the Contract Documents, the general and local conditions, particularly
those bearing upon availability of transportation, disposal, handling and storage of
materials, availability of labor, water, electric power, and roads, the conformation and
conditions at the ground based on City provided reports, the type of equipment and
facilities needed preliminary to and during the performance of the Work and all other
matters which can in any way affect the Work or the cost thereof under the Contract
Documents.
The Contractor further acknowledges that it has satisfied itself based on any
geotechnical reports the City may provide and inspection of the Project site as to the
character, quality, and quantity of surface and subsurface materials to be encountered
from inspecting the site and from evaluating. information derived from exploratory work
that may have been done by the City or included in this Contract Documents.
Any failure by the 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 Contract
Documents. In the event that the actual subsurface conditions vary from the actual City
provided reports the Contractor shall notify the City and this Contract Documents
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 a
Contract Documents, 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 Contract bocuments 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
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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 loss to any property caused directly or indirectly, in whole or in part, by Contractor,
any Subcontractor or anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's
duties and responsibilities for the safety and protection of the Work shall continue until
such time as all the Work is completed and 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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of a Project must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
• The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including
the medical conditions which are generally recognized as being aggravated
by exposure to the substance; and
o The primary routes of entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective
equipment, and .other safety precautions in the. use of or exposure to the
substances, including appropriate emergency treatment in case of overexposure.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by
the substance intended to alert any person reading this information.
• The year and month, if available, that the information was compiled and the
name, address, and emergency telephone number of the manufacturer
responsible for preparing the information.
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 the Contract Documents. 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 City's
Representative for the Project to be performed under the Contract Documents. The
Contract Documents will state that an City's representative has been contracted with for
the management of the Work under the Contract Documents and who will be the lead
point of contact, the 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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
the City to the extent provided in the Contract Documents and as outlined in Article 22,
Authority of the Project Manager, of the General Terms and Conditions.
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
Contract Documents. 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 in conjunction with the Consultant will
approve Schedules of Values, Project Schedules, subcontractors and invoices.
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, the City may, at its sole
discretion, appoint another Consultant, whose status under the Contract shall be as that
of the former Consultant.
22. Proiect Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract Documents. Project Management shall
include, but is not limited to: obtaining bids from subcontractors and suppliers;
coordinating the securing of all permits; obtaining licenses and inspections; ensuring that
subcontractors comply with all City requirements; performing the Work in accordance
with the Contract Documents to the satisfaction of the Project Manager; paying all
subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final
Certificates of Occupancy or Completion.
23. Superintendence and Supervision
The orders of City are given through Consultant or Project Manager, which instructions
are to be strictly and promptly followed in every case. Contractor shall keep on the
Project during its progress, a full-time competent English speaking superintendent and
any necessary assistants, all satisfactory to 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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 every two (2)weeks
or as otherwise determined by the Project Manager, during the course of the Work to
review and agree upon the Work performed and outstanding issues. The Contractor
shall publish, keep, and distribute minutes and any comments thereto of each such
meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the
Contract Documents and the physical conditions of the locality, or any errors, omissions,
or discrepancies in the Plans, it shall be Contractor's duty to immediately inform Project
Manager and Consultant, in writings -and Project Manager or Consultant, will promptly
review the same. Any Work done after such discovery, until authorized, will be done at
Contractor's sole risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to
perform the Work in accordance with the Contract Documents and Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques, sequences
and procedures of construction.
24. Authority of the Project Manager
The Director hereby authorizes the Project Manager or the Consultant designated in the
Contract Documents to determine, all questions of any nature whatsoever arising out of,
under or in connection with, or in any way relating to or on account of the Work, and
questions as to the interpretation of the Work to be performed under this Contract
Documents.
The 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 and/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.
All 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
Consiultant will make periodic visitsto the Work Site to become generallyfamiliar 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 Contract Documents.
The Project Manager and Consultant will have authority to reject Work that does not
conform to the Contract Documents. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper completion of the Contract Documents the
Project Manager and Consultant will have authority to require special inspections or
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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.
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, 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 an
authority other than City, timely notice shall be given of the date fixed for such testing.
Testing shall be made promptly, and, where practicable, at the source of supply. If any
of the Work should be covered up without approval or consent of Project Manager or
Consultant, it must, if required by the Project Manager or Consultant, be uncovered for
examination and properly restored at 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, 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, or to relax any of the
provisions of the Contract Documents or to delay the Work by failure to inspect the
materials and Work with reasonable promptness without the written permission or
instruction of Project Manager or Consultants.
The payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of the Contractor will
constitute a breach of this Contract.
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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 fit 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 Contract
Documents.
28. Lands of Work
City shall provide, as may be indicated in the Contract Documents, the lands upon which
the Work is to be performed, rights -of -way and easements for access thereto and such
other lands as are designated by City for the use of Contractor.
Contractor shall provide, at Contractor's owrf 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. 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
Contract Documents and from those ordinarily encountered and generally recognized as
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
inherent in work of the character called for in the Contract Documents; 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 Contract Documents, 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 Contract Documents Price or Contract
Documents Time, or both. If the Project Manager and Contractor cannot agree on an
adjustment in the Contract Price or Contract 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 Contract
Documents, 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 Contract Documents 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 Contract price or Contract time for differing site conditions shall be allowed
if made after the date certified by Consultant or Project Manager as the date of
substantial completion.
31. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on
the Drawings. The locations shown • are taken from existing records and the best
information available from existing plans and utility investigations; however, it is
expected that there may be some discrepancies and omissions in the locations and
quantities of utilities and structures shown. Those shown are for the convenience of the
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."
32. 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, Toss,
inconvenience, delay, suits, actions, or claims of any character brought because of any
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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 Contract Documents 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
33. 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.
34. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager
or Consultant at the 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.
35. 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:
o 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
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Melreese Clubhouse and .Restaurant Bid No.: 07-08-017
specified areas; conform to Project site rules and regulations affecting the
Work.
o Keep existing driveways and entrances serving surrounding facilities clear
and available to the City, its employees and the public at all times; not use
areas for parking and/or storage of materials except as authorized by the
Project Manager.
o Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its
vehicles while performing Work for the City and/or while parked or stored at a
City facility. The City assumes no liability for damage or loss to the items
specified in this paragraph.
Access to parking and egress from the Project site shall be subject to the approval of the
Project Manager.
36 Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the
Contract Documents will be new unless otherwise specified and that all of the Work will
be of good quality, free from faults and defects and in conformance with the Contract
Documents 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.
37. Material and Equipment Shipment, Handlinq,Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and
assemblies that are shipped unassembled shall be furnished with assembly plan and
instructions. The separate parts and assemblies shall be factory match -marked or
tagged in a manner to facilitate assembly. All assemblies are to be made by the
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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
information concerning equipment items and material items of critical importance to the
Project schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Contractor -Supplied and City -Supplied materials and
equipment shall be included in the prices Bid and no extra compensation will be allowed.
Inspection
Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall
inspect for completeness and any evidence of damage during shipment. City supplied
equipment and material shall be inspected and inventoried together with City's Inspector.
Should there appear to be any shortage or damage, the 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.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for
inspection and inventory control. The Contractor shall keep a running account of all
materials in storage to facilitate inspection and to estimate progress payments for
materials delivered but not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the City
Provide the required or manufacturer's recommended maintenance during storage,
during the installation, and until such time as the City accepts the equipment for full-time
operation.
Salvage Equipment
Any salvageable pipe, fittings, or other miscellaneous material or equipment removed
during construction and not reused in the Work shall be cleaned, hauled, and stored by
the 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.
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38. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by the Contract Documents, Contractor shall submit
manufacturer's printed instructions for delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract Documents
including the Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject
damaged and defective items.
Provide attachment and connection devices and methods for securing the Work; secure
Work true to line plumb and level, and within recognized industry standards; allow for
expansion and building movement; provide uniform joint width in exposed Work; arrange
joints in exposed Work to obtain the best visual effect and refer questionable visual
effect choices to the Consultant for final decision when applicable to the Work.
Recheck measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
Install each unit or section of Work during favorable weather conditions, which shall
ensure the best possible results in coordination with the entire Project and isolate each
unit of Work from incompatible Work as necessary to prevent potential interference
among each section and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to
minimize the necessity of uncovering Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified
representative shall be present to observe field conditions, conditions of surface and
installation, quality of workmanship, and applications. Manufacturer's representative
shall provide the Contractor and the Project Manager or Consultant a written report of
field observations.
39. 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.
40. 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 Project Manager and Consultant 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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
solely responsible for any costs incurred to correct, add or modify any portion of the
Work to comply with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following
information:
• Number and title of drawing, including Contract title and Number
• Date of drawing and revisions •
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager' 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 Contract Documents.
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 Contract Documents. The approval
of a separate item shall not constitute approval of an assembly in which the item
functions. The Project Manager or Consultant shall return the shop drawings to the
Contractor for their use and distribution.
Acceptance of any submittal shall not relieve the Contractor of any responsibility for any
deviations from the requirements of the Contract Documents unless the Contractor has
given written notice to the 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, the Contractor
represents that all materials, field measurements and field construction criteria related
thereto have been verified, checked and coordinated with the requirements of the Work
and have been verified, checked and coordinated with this Contract Documents.
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
Contract Documents.
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Nothing in the Project Manager's or Consultant's review of Shop Drawings, Submittals
and Samples shall be construed as authorizing additional work or increased cost to the
City.
41. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. The
purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of
manufacture, installation requirements, details of the item, and evidence of its
compliance or noncompliance with this Contract Documents.
Within five (5) calendar days after City's award of the Contract, 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 Contract Documents. This procedure is
required in order to expedite final approval of Shop Drawings.
After the approval of the list of items required in 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 Contract Documents,
Contractor shall make specific mention thereof in its letter of transmittal. Failure to point
out such departures shall not relieve Contractor from its responsibility to comply with the
Contract and Documents.
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 Contract Documents and not indicated on the Shop Drawings. No Work called for
by Shop Drawings shall be performed until said Shop Drawings have been approved by
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 Contract Documents references,
drawing number(s), specification section number(s) and the shop drawing numbers of
related work. Shop drawings must be complete in every detail, including location of the
Work. Materials, gauges, methods of fastening and spacing of fastenings, connections
with other work, cutting, fitting, drilling and any and all other necessary information per
standard trade practices or as required for any specific purpose shall be shown.
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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.
42. Product Data
Contractor shall submit four (4) copies of product data, warranty information and
operating and maintenance manuals. Each copy must be marked to identify applicable
products, models, options and other data. Contractor shall supplement manufacturer's
standard data to provide information unique to the -Work. -
Contractor shall only submit pages that are pertinent. Submittals shall be marked to
identify pertinent products, with references to the specifications and the Contract
Documents. Identify reference standards, performance characteristics and capacities,
wiring and piping diagrams and controls, component parts, finishes, dimensions and
required clearances.
Contractor shall submit a draft of all product data, warranty information and operating
and maintenance manuals at 50% completion of construction.
43. 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.
44. Record Set
Contractor shall maintain in a safe place at the Project site one record copy and one
permit set of the Contract Documents, including, but not limited to, all Drawings,
Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives,
as well as all written interpretations and clarifications issued by the Project Manager or
Consultant, in good order and annotated to show all changes made during construction.
The record documents shall be continuously updated by Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Construction Change
Directives, and Field Directives as well as all written interpretations and clarifications,
and all concealed and buried installations of piping, conduit and utility services.
Contractor shall certify the accuracy of the updated record documents. As a condition
precedent to City's obligation to pay Contractor, the Contractor shall provide evidence,
satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its
obligation to continuously update the record documents. All buried items, outside the
Project site, shall be accurately located on the record documents as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The record documents shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in red. The record documents
shall be available to the City and the Consultant for reference. Upon completion of the
Work and as a condition precedent to Contractor's entitlement to final payment, the
record documents shall be delivered to the Project Manager or Consultant by the
Contractor. The Record Set of Drawing shall be submitted in both hard copy and as
electronic plot files.
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45. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue
supplemental instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Documents Price or this Contract
Documents Time.
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings
or additional information as the Work proceeds, all of which shall be considered as part
of the Contract Documents. In case of disagreement between the written and graphic
portions of the Contract Documents, the written portion shall govern.
46. Contractor Furnished Drawings - A Contract Documents may require the Contractor to furnish design, shop and/or as -built
drawings depending on the nature and scope of the Work to be performed. The
following applies to the different types of drawings.
The Project Manager and/or Consultant shall, after review of the drawings, initial and
mark the drawings in one of the following manners:
1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified.
Work can proceed subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are
recommended. Submittal must be revised and resubmitted for acceptance
prior to Work proceeding.
4. REJECTED - Not in accordance with the Contract and/or Contract
Documents due to excessive changes or corrections or other justifiable
reason. Drawings must be corrected and resubmitted prior to any Work
being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by
the Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
47. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming
of the item is intended to establish the type, function and quality required. Unless the
name is followed by words indicating that no substitution is permitted, materials or
equipment of other suppliers may be accepted by Architect or Engineer of Record if
sufficient information is submitted by Contractor to allow City and Engineer of Record to
determine that the material or equipment proposed is equivalent or equal to that named.
Requests for review of substitute items of material and equipment will not be accepted
by City and Architect or Engineer of Record from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Architect or Engineer of Record for acceptance
thereof, certifying that the proposed substitute shall perform adequately the functions
and achieve the results called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as that specified. The
application shall state that the evaluation and acceptance of the proposed substitute will
not prejudice 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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Contract Documents to adapt the design to the proposed substitute and whether or not
incorporation or use by the substitute in connection with the Work is subject to payment
of any license fee or royalty. All variations of the proposed substitute from that specified
will be identified in the application and available maintenance, repair and replacement
service shall be indicated. The application also shall contain an itemized estimate of all
costs that will result directly or indirectly from acceptance of such substitute, including
costs for redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by the Architect or Engineer of Record in evaluating the
proposed substitute. The Architect or Engineer of Record may require the Contractor to
furnish at Contractor's expense additional data about the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence or procedure of construction acceptable
to the Architect or Engineer of Record, if the Contractor submits sufficient information to
allow the Architect or Engineer of Record to determine that the substitute proposed is
equivalent to that indicated or required by the Contract Documents. The procedures for
submission to and review by the Architect or Engineer of Record shall be the same as
those provided herein for substitute materials and equipment.
The Architect or Engineer of Record shall be allowed a reasonable time within which to
evaluate each proposed substitute. The Architect or Engineer of Record and the City
shall be the sole judges of the acceptability of any substitute. No substitute shall be
ordered, installed or utilized without the City's and the Architect or Engineer of Record's
prior written acceptance which shall be evidenced by either a Change Order or an
approved submittal. The City and the Architect or Engineer of Record may require the
Contractor to furnish at Contractor's expense a special performance guarantee or other
surety with respect to any substitute. If the City and the Architect or Engineer of Record
rejects the proposed substitute, at their discretion, the City may require the Contractor to
reimburse the City for the charges of the Architect or Engineer of Record for evaluating
the proposed substitute.
48. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole
responsibility of the Contractor to bring to the immediate attention of the Project
Manager any discrepancies between the drawings and existing conditions, excluding
hidden or unforeseen conditions, discovered priorr to commencing and during the Work.
The Contractor shall be solely responsible for verifying the accuracy of the drawings
prior to commencing the Work, and shall be responsible for any errors or revisions of the
Work, which might have been avoided by notifying the City prior to commencement. This
shall also apply to any revisions or omissions identified by the Contractor. The
Contractor shall submit all requests for information entitled Request for Information
(RFI). The City shall respond to all RFI's in writing.
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,
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the Contractor will be held to have included in its Contract Price the best materials
suitable for the purpose and/or methods of construction.
50. Product Tests
All tests required to be performed by the Contractor, shall be made at the
expense of the Contractor and in accordance with any requirements contained in
the Technical Specifications.
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 isoutsidethe 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 Contract. Where the Contractor is
notified of the City's position that the Work is within the scope and the Contractor
disagrees, the Contractor shall notify the 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 the Contract Documents
as may be considered necessary or desirable to complete fully and acceptably the
proposed construction of a Project in a satisfactory manner. Any extra or additional
Work within the scope of 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. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with City, including disputes or disagreements concerning a
request for a Change Order, a request for a change in the Contract price or Contract
time for completion. The Work shall not be delayed or postponed pending resolution of
any disputes or disagreements.
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 Contract Price, or the Contract Time, shall be
authorized only by Change Orders approved in advance and issued in accordance with
the provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change
in the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the
items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or submit the matter in dispute to the Director as set forth in
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Article 88, 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 Contract Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall
ensure that the performance bond and payment bond (if applicable) are increased so
that each reflects the total Contract Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
The City reserves the right to order changes which may result in additions to or
reductions from the amount, type or value of the Work shown in the Contract and which
are within the general scope of the Contract Documents. Any such changes will be
known as Extra Work.
No Extra Work shall be performed except pursuant to written orders of the 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 noeventafter, 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 Tight
of such disputed Work.
55. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
representing the reasonable cost or the reasonable financial savings related to the
change in Work. Extra Work may also result in an equitable adjustment in the Contract
schedule for performance for both the Extra Work and any other Work affected by the
Extra Work.
The City shall initiate the Extra Work procedure by a notice to Contractor outlining the
proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the
Contractor is required to immediately start the Extra Work. The Contractor is required to
obtain permission for an extension to start the Extra Work if it is beyond the Contractor's
ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change
Proposal Request which shall include requested revisions to the Contract, including but
not limited to adjustments in this Contract Price and Contract Time. The Contractor is
required to provide sufficient data in support of the cost proposal demonstrating its
reasonableness. In furtherance of this obligation, the City may require that the
Contractor submit any or all of the following: a cost breakdown of material costs, labor
costs, labor rates by trade, and Work classification and overhead rates in support of
Contractor's Change Proposal Request. The Contractor's Change Proposal Request
must include any schedule revisions and an explanation of the cost and schedule impact
of the Extra Work on the Project. If the Contractor fails to notify the 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
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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. The execution by the
Contractor of the Change Order shall serve as a release of the City from all claims and
liability to the Contractor relating to, or in connection with, the Extra Work, including any
impact, and any prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a change order that affects the Contract Time the Contractor shall,
within five (5) business days submit a revised Project schedule reflecting the changes
against the baseline schedule.
56. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or
modification, termination or discharge of the Contract or, in any form whatsoever,
shall be valid or enforceable unless it is in writing and signed by the parties
charged, therewith or their duly authorized representative.
57. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following
ways:
• Where the Work involved is covered by unit prices contained in the Contract,
by application of unit prices to the quantities of items involved.
• By mutual acceptance of a lump sum which 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 lodality 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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
funds with Contractor with which to make payments, in which case the cash discounts
shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale
of surplus materials and equipment shall accrue to City and Contractor shall make
provisions so that they may be obtained. Rentals of all construction equipment and
machinery and the parts thereof whether rented from Contractor or others in accordance
with rental agreements approved by City with the advice of Consultant and the costs of
transportation, loading, unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements.. _The_ rental of_any. such equipment,
machinery or parts shall cease when the use thereof is no longer necessary for the
Work.
If required by the City, Contractor shall obtain competitive bids for the Change Order
Work. Contractor and shall deliver such competitive bids to the City who will determine
which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the
Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same
manner as Contractor's cost of the Work. All Subcontractors shall be subject to the
other provisions of the Contract Documents insofar as applicable.
The term "cost of the Work" shall include any of the following:
• Cost of special consultants, including, but not limited to, consultants,
architects, testing laboratories, and surveyors employed for services
specifically related to the performance of the Work described in the Change
Order.
• Supplemental costs including the following:
• The proportion of necessary transportation, travel and subsistence expenses
of Contractor's employees incurred in discharge of duties connected with the
Work except for local travel to and from the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site
and hand tools not owned by the workmen, which are consumed in the
performance of the Work, and Tess market value of such items used but not
consumed which remains the property of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is
liable, imposed by any governmental authority.
• Deposits lost for causes other than Contractor's negligence; royalty payments
and fees for permits and licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in
connection with the Work.
• Cost of premiums for additional bonds and insurance required because of
changes in the Work.
The term "cost of the Work" shall not include any of the following:
• Payroll costs and other compensation of Contractor's officers, executives,
principals (of partnership and sole proprietorships), general managers,
consultants, architects, estimators, lawyers, auditors, accountants,
purchasing and contracting agents, expediters, timekeepers, clerks and other
personnel employed by Contractor whether at the site or in its principal or a
branch office for general administration of the Work and not specifically
included in the agreed -upon schedule of job classifications., all of which are
to be considered administrative costs covered by Contractor's fee.
• Expenses of Contractor's principal and branch offices other than Contractor's
office at the site.
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• 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 profit shall be determined as
follows:
• A mutually acceptable fixed fee or if none can be agreed upon,
• A fee based on the following percentages of the various portions of the cost
of the Work:
• Where the Contractor self -performs the Work, Contractor's fee shall not
exceed ten percent (10%).
Where a sub -contractor performs the Work, Contractor's fee shall not exceed
seven and one half percent (7.5%); and if a subcontract is on the basis of
cost of the Work plus a fee, the maximum allowable to the Subcontractor as a
fee for overhead and profit shall not exceed ten percent (10%); and
• 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 decrease. When
both additions and credits are involved in any one change, the combined overhead and
profit shall be figured on the basis of the net increase, if any, however, Contractor shall
not be entitled to claim lost profits for any Work not performed.
Whenever the cost of any Work is to be determined pursuant to this Article, Contractor
will submit in a form acceptable to Project Manager or Consultant an itemized cost
breakdown together with the supporting data.
Where the quantity of any item of the Work that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such Work indicated
in the Contract Documents, an appropriate Change Order shall be issued to adjust the
unit price, if warranted.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Contractor shall submit
an initial cost estimate acceptable to the Project Manager or Consultant.
• Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
• Whenever a change involves Contractor and one or more Subcontractors and
the change is an increase in the Contract Price, overhead and profit
percentage for Contractor and each Subcontractor shall be itemized
separately.
• Each Change Order must state within the body of the Change Proposal
Request whether it is based upon unit price, negotiated lump sum, or "cost of
the Work."
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58. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case
or extenuating circumstances, the City may nevertheless issue a directive to the
Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work
Directive, the Contractor shall be obligated to proceed with the Work set forth in that
directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant
to the Article 88, Resolution of Disputes, by furnishing a written statement to the Project
Manager within five (5) days of the Extra Work Directive, based upon any aspect, of
such Extra Work which the Contractor disputes. Such dispute must relate to specific
matters raised or specific matters reserved by the Contractor in its proposal and have
not been resolved prior to the issuance of the Extra Work Directive. The written
statement must -set forth all details of the Contractor's claim including the manner that
the disputed item was specified in the Contractor's proposal. During the pendency of
any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra
Work Directive unless otherwise advised by the Project Manager's written instructions.
In the event there is a dispute as to price, the Contractor will be paid in accordance with
the following paragraph. This payment(s) will be in full satisfaction of the Contractor's
claim for an adjustment to the value of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a
mutually satisfactory price shall be as follows:
■ No payment will be made to the Contractor for Extra Work in excess of "Actual
and Necessary Cost" which is to say time and materials plus a mark-up not to
exceed 10%. This will not vary, whether the Extra Work is performed by the
Contractor or his subcontractor. Any exceptions must be approved by the
Project Manager.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary
cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any,
made by the Contractor as employer pursuant to bona fide collective bargaining labor
agreements applicable to the Work; (ii) contributions to the State Unemployment
Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any
increases in public liability and property damage insurance or performance and payment
bonds occasioned solely by the Extra Work, (v) the actual and necessary operating
expenses (except the expense of supplies and small tools not operated by mechanical
or electrical power), power for such plant and a reasonable rental for the same (including
small power tools), as determined by the Project Manager; and (vi) any additional
materials necessary for the performance of the Extra Work.
In case any Work or materials shall be required to be done or furnished under the
provisions of this Article, the Contractor shall at the end of each day furnish to the City
such documentation as the City may require to support all the costs of the Extra Work. If
payments on account are desired as the Extra Work progresses, the Contractor shall
render an itemized statement showing the total amount expended for each class of labor
and for each kind of material on account of each item of Work as a condition precedent
to the inclusion of such payment in a partial estimate. Upon the request of the City, the
Contractor shall produce for audit by the City, books, vouchers, collective bargaining
labor agreements, records or other documents showing the actual cost for labor and
materials. Such documents shall not be binding on the City. The Project Manager shall
determine any questions or dispute as to the correct cost of such labor or materials or
plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion
of the Project Manager, it is impracticable to have performed by the Contractor's own
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employees, the Contractor will, subject to the approval of the Project Manager, be paid
the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to
cover the Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and
approval, disapproval, modification or revision by representatives of the City.
59 Field Layout of the Work and Record Drawings for Drainage Projects
The -Contractor through the -services -of a _ State of Florida Registered Land Surveyor,
shall establish the line and benchmarks and other reference points for the installation of
the pipeline or structure
For pipelines, this will consist of establishing all points of bend (but not necessarily bevel
pipe unless in close proximity to other facilities), valves, tees, crosses and other stations
not more than 100 feet apart along the proposed centerline of the pipe, or along a
stationed offset line as shown on the Plans, marked by a nail in a metal cap if in
pavement, with the station painted nearby or by a nail in the top of a wooden stake
driven flush with the ground with the station marked on a flag stake nearby, if not in
pavement.
For structures, this will consist of base lines, stakes at corners, centers and center lines,
auxiliary lines and a bench mark from which to establish the elevations.
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 during construction,
including approved construction variances to reflect the Work as it was actually
constructed. "As -Built" drawings shall be submitted to the City on a monthly basis.
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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
125') or portion thereof along pipeline and at every abrupt change in direction of
fhe new line.
• (FRLS) 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 #or 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 all 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
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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'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 #82.0008 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 construction: On -site structures and site Work as follows:
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and
vertical locations of underground utilities and appurtenances, referenced to
permanent surface improvements. Actual installed pipe material, class, etc.
• Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning
ducts with locations of dampers; access doors, fans and other items needing
periodic maintenance.
• Field changes in dimensions and details.
• Changes made by Project Manager's or Consultant's written instructions or
by Change Order.
• Details not on original Contract Drawings.
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• 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. 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 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 Completion Inspection Form will be completed as
necessary. Any remaining Construction Work shall be identified on this form and shall be
known as Punch List Work. The Punch List shall be signed by the Project Manager
and/or Consultant, and the Contractor confirming that the Punch List contains the item(s)
necessary to complete the Work. The failure or refusal of the Contractor to sign the
Project Substantial Completion Inspection Form or Punch List shall not relieve the
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Contractor from complying with the findings of the Project Substantial Completion
Inspection and completing the Project to the satisfaction of the City
Where the Punch List is limited to minor omissions and defects, the 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 which shall
establish the Date of Substantial Completion. Once substantial completion is achieved
the City shall be responsible for security, maintenance, heat, utilities, damage to the
Project site, and insurance; and shall list all Work yet to be completed to satisfy the
requirements of the Contract Documents for Final Completion. The failure to include any
items of corrective Work on such list does not alter the responsibility of Contractor to
complete all of the Work in accordance with the Contract Documents. Warranties
required by- the Contract Documents shall commence on the date of Final Acceptance
completion of the Work or designated portion thereof unless otherwise provided in the
Contract Documents.
65. 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 shall be issued by Project
Manager, stating that the requirements of the Contract Documents have been performed
and the Work is ready for acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the
Project Manager or Consultant a final release of all liens arising out of the Contract
Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected with the
Work has been paid, and a consent of the surety to final payment; the final corrected as -
built drawings; operations and maintenance data, and the final bill of materials, if
required, and payment application. Contractor shall deliver the written Contractor's and
all Manufacturer's warranties prior to issuance of the Final Certificate for Payment.
If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and Project Manager or Consultant so certifies,
City shall, upon such certification of Consultant, and without terminating the Contract
Documents, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor,
except those previously made in strict accordance with the provisions of the Contract
and identified by Contractor as unsettled at the time of the application for final payment.
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66. NDPES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National
Pollutant Discharge Elimination System (NPDES) including but not limited to all
permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP).
All costs for NPDES and SWPPP shall be included in the Bid prices. For further
information on compliance requirements for NPDES and SWPPP contact the City of
Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at
http://www.dep.state.ffus/water/stormwater/npdes/.
67. Force Majeure
Should any failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, then the City may allow an
extension of time reasonably commensurate with the cause of such failure to perform or
cure.
If the Contractor is delayed in performing any obligation under the Contract Documents
due to a force majeure condition, the Contractor shall request a time extension from the
City within two (2) working days of said force majeure occurrence. Any time extension
shall be subject to mutual agreement and shall not be cause for any claim by the
Contractor for extra compensation unless additional services are required. Do Not
Include inclement weather except as permitted by Florida law and may not include the
acts or omissions of Sub -contractors.
68. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for
the purpose of this article.
If the Contractor is delayed at any time during the progress of the Work beyond the
Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by
a Force Majeure, then the Contract Time set forth in the Contract shall be extended by
the City subject to the following conditions:
• 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
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claim an extension of time and shall provide any actual or potential basis for an
extension of time, identifying such causes and describing, as fully as practicable at that
time, the nature and expected duration of the delay and its effect on the completion of
that part of the Work identified in the request. The Project Manager may require the
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 Contract (as such date may have been extended by a change order), the
making of any payment to the Contractor, the issuance of any Change Order, shall not
waiver the City's rights under the Contract, including but not limited to the assessment of
liquidated damages or declaring Contractor in default.
69. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Contractor to the 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 allows an additional period of time to ascertain more accurate
data in support of the claim and such notice shall be accompanied by Contractor's
written notarized statement that the adjustment claimed is the entire adjustment to which
the Contractor has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall be determined
by the Project Manager or Consultant in accordance with Article 69, 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 changes to the Contract time or
Contract price shall be waived if not submitted in strict accordance with the requirements
of this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items
due to delays beyond the control of and through no fault or negligence of Contractor if a
claim is made therefore as provided in this Article. Such delays 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.
70. 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 70, Excusable, Delays, the Contractor shall not be entitled
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
to a separate extension for each one of the causes; only one period of extension shall be
granted for the delay.
71 Contractor's Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor
shall not be entitled to an increase in the Contract price or payment or compensation of
any kind from City for direct, indirect,. consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City or its
Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract
Time for completion of the Work as the sole and exclusive remedy for such resulting
delay, in accordance with and to the extent specifically provided above.
Except as may be otherwise specifically provided for in the Contract Documents, the
Contractor agrees to make no claim for damages for delay of any kind in the
performance of the Contract Documents whether occasioned by any act or omission of
the City or any of its representatives (whether it is an Excusable Delay or otherwise) and
the Contractor agrees that any such claim shall be compensated solely by an extension
of time to complete performance of the Work. In this regard, the Contractor alone
hereby specifically assumes the risk of such delays, including without limitation: delays
in processing or approving shop drawings, samples or other submittals or the failure to
render determinations, approvals, replies, inspections or tests of the Work, in a timely
manner. Contractor shall not receive monetary compensation for City delay. Time
extensions may be authorized by the City in certain situations.
72. Excusable Delay, Non-Com pensa ble
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 Contract time for each day the Work is
delayed due to Excusable Delay. Contractor shall document its claim for any time
extension as provided in Article 67, Notification of Claim, hereof.
Failure of Contractor to comply with Article 67, Notification of Claim hereof as to any
particular event of delay shall be deemed conclusively to constitute a waiver,
abandonment or relinquishment of any and all claims resulting from that particular event
of delay.
73. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work
which Project Manager or Consultant finds to be defective. If required 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
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authority to cause the defective Work to be removed or corrected, or make such repairs
as may be necessary at Contractor's expense. Any expense incurred by City in making
such removals, corrections or repairs, shall be paid for out of any monies due or which
may become due to Contractor, or may be charged against the Performance Bond,. In
the event of failure of Contractor to make all necessary repairs promptly and fully, City
may declare Contractor in default.
If, within one (1) year after the date of Substantial Completion or such longer period of
time as may be prescribed by the terms of any applicable special warranty required by
the Contract Documents, or by any specific provision of the Contract, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor,
after receipt of written notice from City, shall promptly correct such defective or
nonconforming Work within the time specified by City without cost to City, to do so.
Nothing contained herein shall be construed to establish a period of limitation with
respect to any other obligation 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.
74. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming
Work instead of requiring its removal and correction. In such instances, a Change Order
will be issued to reflect an appropriate reduction in the Contract sum, or, -if the amount is
determined after final payment, any difference in the amount shall be paid to the City by
the Contractor.
75. 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. Should the Work prove to be in accordance
with the Contract Documents, the uncovering or taking down and the replacing and the
restoration of the parts removed will be treated as Extra Work for the purpose of
computing additional compensation and an extension of time. Should the Work
examined prove unsatisfactory, such uncovering, taking down, replacing and restoration
shall be at the expense of the 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.
76. 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 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
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all costs, including reasonable attorneys' fees, necessarily incurred upon the
Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in
the event of an emergency constituting an immediate hazard to the health or safety of
personnel, property, or licensees, the City may undertake, at the Contractor's expense,
without prior notice, all Work necessary to correct such hazardous condition when it was
caused by Work of the Contractor not being in accordance with the requirements of the
Contract.
If, within one (1) year after the date of final completion of the Project or within such
longer period of time as may be prescribed by law, by the Contract Documents, or by the
terms of any applicable special warranty required by the Contract Documents, any of the
Work is found to be defective or not in accordance with the Contract Documents, the
Contractor shall correct it promptly after receipt of a written notice from the City to do so.
The City shall give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary
and the Work shall be corrected to comply with the Contract Documents without cost to
the City.
77. 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 the Contract Documents.
The cost of traffic control shall be included in the Contractor's Bid.
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its
published regulations, permits and data, shall be synonymous and
interchangeable with other recognized governing bodies over particular areas or
streets, or their departments, published regulations (i.e., Manual of Uniform
Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index
Drawing Book), permits or data. The 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.
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• 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.
78. 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
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underground and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the Contractor because of discrepancies in actual
and plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar
days prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or endangered
by the proposed construction. Relocation of water mains or other utilities for the
convenience of the Contractor shall be paid by the Contractor. All charges by utility
companies for temporary support of its utilities shall be paid for by the Contractor. All
costs of permanent utility relocation to avoid conflict shall be the responsibility of the
utility company involved. No additional payment will be made to the Contractor for utility
relocations, whether or not said relocation is necessary to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed
by the utility providers relocating or supporting their utilities. The Contractor shall
coordinate its activities with any and all public and private utility providers occupying the
right-of-way. No compensation will be paid to the Contractor for any loss of time or
delay.
All overhead, surface or underground structures and utilities encountered are to be
carefully protected from injury or displacement. All damage to such structures is to be
completely repaired within a reasonable time; needless delay will not be tolerated. The
City reserves the right _to remedy such damage by ordering outside parties to make such
repairs at the expense of the Contractor. All such repairs made by the Contractor are to
be made to the satisfaction of the utility owner. All damaged utilities must be replaced or
fully repaired. All repairs are to be inspected by the utility owner prior to backfilling
79. 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 87,
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.
80. 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
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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
Contract time as non-compensable, excusable delay, and shall not give rise to a claim
for compensable delay.
81. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed
or partially completed portions of the Project. Such possession and use shall not be
deemed an acceptance or beneficial use or occupancy of any of the Work not completed
in accordance with the Contract Documents. If such possession and use increases the
cost of or delays the Work, Contractor shall be entitled to reasonable extra
compensation, or reasonable extension of time or both, as determined by Project
Manager or Consultant.
In the event City takes possession of any completed or partially completed portions of
the Project, the following shall occur:
• City shall give notice to Contractor in writing at least thirty (30) calendar days
prior to City's intended occupancy of a designated area.
• 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.
82. 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
dean up during the prosecution of the Work or at the completion of the Work, City may
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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 existing surfaces.
83. Removal of Equipment
In case of termination of this Contract 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 does not
comply with City's order, the City shall have the right to remove such equipment and
supplies at the expense of Contractor.
84. Set -offs, Withholdings, and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such
sums as may be specifically allowed in the Contract or by applicable law including,
without limitation, the following:
• Any amount of any claim by a third party;
• Any Liquidated Damages, and/or;
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act
85. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to
herein as a breach, an Event of Default, shall include but not limited to, 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;
• 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 in writing that it must, within the time frame set forth in the City's
request, provide adequate assurances and a plan of action to the City, in
writing, of the Contractor's ability to perform in accordance with the terms of the
Contract Documents. In the event that the Contractor fails to provide to the
City the requested assurances within the prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
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o Resort to any remedy for breach provided herein or by law, including but
not limited to, taking over the performance of the Work or any part thereof
either by itself or through others.
• In the event the City may, at .its sole discretion terminate the Contract for
default, the City or its designated representatives may immediately take
possession of all applicable documentation and data.
• Where the City erroneously terminates the Contract or for default, the
terminations shall be converted to a Termination for Convenience, and the
Contractor shall have no further recourse of any nature for wrongful
termination.
86. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations
under the Contract, the City may at its sole discretion notify the Contractor, specifying
the basis for such default, and advising the Contractor that such default must be cured
within a specified time frame or the Contract with the City may be terminated. The City
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.
87. Termination for Default —
If Contractor fails to comply with any term or condition of the Contract Documents, or
fails to perform any of its obligations hereunder, then Contractor shall be in default.
Upon the occurrence of a default hereunder which is not cured within the time specified
to cure the default if one has been granted by the City, the Director in addition to all
remedies available to it by law, may immediately, upon written notice to Contractor,
terminate this Contract whereupon any advances for which Work has not been
performed, paid by the City to Contractor while Contractor was in default shall be
immediately returned to the City. The Director may also suspend any payment or part
thereof or order a Work stoppage until such time as the issuesconcerning compliance
are resolved. Contractor understands and agrees that termination of this Contract
under this Article shall not release Contractor from any obligation accruing prior to the
effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
• Contractor fails to obtain the insurance or bonding herein required by the
Contract.
• Contractor fails to comply with any of its duties under the Contract Documents,
with any terms or conditions set forth in this Contract, beyond any specified
period allowed to cure such default.
• Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as
required by the Contract.
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
87, Termination for Convenience. The City in its sole discretion may terminate the
Contract without providing the Contractor a written notice to cure.
88. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable)
shall be notified of the effective date of the termination -and shall be liable for all
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damages resulting from the default, including but not limited to re -procurement costs and
other direct damages
The Contractor shall stop Work as of the date of notification of the termination and
immediately remove all labor, equipment and materials (not owned or paid for by the
City) from the Work Site. The City assumes no liability for the Contractor's failure to
remove such items from the Project site as required.
The Contractor shall also remain liable for any liabilities and claims related to the
Contractor's default.
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction
89. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the
City may at any time, in its sole discretion, with or without cause, terminate the Contract
by written notice to the Contractor. Such Written Notice shall state the date upon which
Contractor shall cease all Work under the Contract and vacate the Project site.
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project on the date specified in the notice ("the
Effective Date");
• Take such action as may be necessary for the protection and preservation of
the City's materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the
Project Manager, any non -cancelable orders for materials and equipment that
can not otherwise be used except for Work under the Contract and have been
specifically fabricated for the sole purpose of the Work and not incorporated in
the Work;
• Take no action that shall increase the amounts payable by the City under the
Contract Documents; and
• Take reasonable measures to mitigate the City's liability under the Contract
Documents.
• All charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under the Contract, whether
finished or not, must be turned over to the City. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse
by Contractor until all documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract pursuant to the
Contract Documents, the City will pay the Contractor:
• For the actual cost or the fair and reasonable value, whichever is Tess, of (1) the
portion of the Project completed in accordance with the Contract through the
completion date, and (2) non -cancelable material(s) and equipment that is not of
any use to the City except in the performance of the Contract, and has been
specifically fabricated for the sole purpose of the Contract but not incorporated in
the Work; and
• To the extent practical, the fair and reasonable value shall be based on the
price established as a result of the Contract. In no event, shall any payments
under this Paragraph exceed the maximum cost set forth in the Contract.
• The amount due hereunder may be offset by all payments made to the
Contractor.
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• 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
90. 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, amountand 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
Contract price or Contract time adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) calendar days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations hereunder and to
attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties.
Should any objection not be resolved in mediation, the parties retain all their legal rights
and remedies provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and remedies under State
law, if said party fails to comply in strict accordance with the requirements of this Article.
91. Mediation -Waiver of Juy Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during
the course of the construction of a Project, and/or following the completion of the Project,
the parties to this Contract agree all unresolved disputes between them shall be
submitted to non -binding mediation prior to the initiation of litigation, unless otherwise
agreed in writing by the parties. A certified Mediator, who the parties find mutually
acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of
Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The
Contractor agrees to include such similar contract provisions with all Sub -Contractors
retained for the Work, thereby providing for non -binding mediation as the primary
mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their
right to jury trial or to file permissive counterclaims in any action arising under this
Contract.
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92. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or
existing at law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise so existing and may be exercised from
time to time and as often and in such order as may be deemed expedient by the City.
The exercise or the beginning of the exercise, of one remedy shall not be deemed a
waiver of the right to exercise, at the same time or thereafter, of any other remedy. The
City's rights and remedies as set forth in the Contract Documents are not exclusive and
are in addition to any other rights and remedies in law or in equity.
93. Permits. Licenses and Impact Fees
Pursuant to the Public Bid Disclosure Act, each license, permit or fee REQUIRED BY
THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the
Contract is waived as follows:
City's Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech.,
Plumbing, Elec., & Fire) are waived. Any other permit fees not directly
related to the actual construction of the Project (i.e. Permits for dumpsters,
job trailers) are not waived"..."Licenses, permits and fees which may be
required by Miami -Dade County, the State of Florida, or other governmental
entities are not waivable."
Except as otherwise _provided within. theContractDocuments,all permits and licenses
required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Work undertaken by Contractor pursuant to the Contract Documents
shall be secured and paid for by Contractor. It is Contractor's responsibility to have and
maintain appropriate Certificate(s) of Competency, valid for the Work to be performed
and valid for the jurisdiction in which the Work is to be performed for all persons working
on the Project for whom a Certificate of Competency is required.
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.
94. 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.
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.
95. 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
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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.
96. 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
97. 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.
98. 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.
99. Severability
In the event the any provision of the Contract Documents is determined by a Court of
competent jurisdiction to be illegal or unenforceable, then such unenforceable or
unlawful provision shall be excised from this Contract, and the remainder of the Contract
Documents shall continue in full force and effect. Notwithstanding the foregoing, if the
result of the deletion of such provision will materially and adversely affect the rights of
either party, such party may elect, at its option, to terminate the Contract in its entirety.
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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.
100. 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.
101. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contractand executed by the City Manager, Director or
designee.
102. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the
entire and integrated Contract between the City and the Contractor and supersede all
prior negotiations, representations or agreements, written or oral. This Contract may not
be amended, changed, modified, or otherwise altered in any respect, at any time after
the execution hereof, except by a written document executed with the same formality
and equal dignity herewith. Waiver by either party of a breach of any provision of the
Contract Documents shalt not be deemed to be a waiver of any other breach of any
provision of the Contract Documents.
103. 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.
104. Evaluation
Contractor acknowledges that upon completion of the of the Work under the Contract
Documents and/or at any other time deemed appropriate by the City a performance
evaluation report will be completed by the City. A copy of each performance evaluation
shall also be forwarded to the Contractor. The performance evaluations will be kept in
City files for evaluation on future solicitations.
105. 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
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manufactured, grown, or produced within the City of Miami, Miami -Dade County and the
State of Florida shall be given preference.
106. Royalties and Patents
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that- may be used upon or in any
manner be connected with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in the Contract for said Work.
107. 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.
108. 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.
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
109. 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.
110. 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.
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.
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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
111. 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.
112. Agreement Limiting Time in Which to Bring Action Aqainst the City
In the event the Contractor may be deemed to have a cause of action against the City,
no action shall lie or be maintained by the Contractor against the City upon any claim
arising out of or based upon the Contract Documents by reason of any act or omission
or requirement of the City or its agents, unless such action shall be commenced within
six (6) months after the date of issuance of a final payment under the Contract, or if final
payment has not been issued within six (6) months of substantial completion of the Work
or upon any claim relating to monies required to be retained for any period after the
issuance of the said certificate, unless such action is commenced within six (6) months
after such monies become due and payable under the terms of the Contract Documents,
or if the Contract is terminated or declared abandoned under the provisions of the
Contract unless such action is commenced within six (6) months after the date of such
termination or declaration of abandonment by the City.
113. 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.
114. 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.
115. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the
Contract, and the Contractor's submittals, shall constitute the Contract Documents
between the parties with respect hereto and supersedes all previous communications
--and-representations-or-agreements; whether written or oral, with respect to the subject
matter hereto unless acknowledged in writing by their duly authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any
third party that is not a parent or subsidiary of a party or otherwise related (by virtue of
ownership control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on
the Contractor, the City, may at its expense, elect to participate in the defense of the
claim if the City should so choose. Furthermore, the City may, at its own expense,
defend or settle any such claim if the Contractor fails to diligently defend such claim, and
thereafter seek indemnity for such cost from the Contractor.
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116. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety
(90) calendar days beyond the original Contract period. In such event, the City will notify
the Contractors in writing of such extensions.
117. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will
satisfy its needs as described herein. However, the City reserves the right, as deemed
in its best interest, to perform, or cause to be performed, the Work and services, or any
portion thereof, herein described in any manner it sees fit, including but not limited to:
award of other contracts, use of any contractor, or perform the Work with its own
employees.
118. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The
Contractor shall provide full and prompt cooperation with the City in all aspects of the
Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of
all things necessary for or incidental to the effective management and performance of a
Project. All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required
for the completion of the Contract. All Work shall be accomplished at the direction of
and to the satisfaction of the Project Manager.
119. 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.
120. 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.
121. 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.
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Section 3 - Supplemental Terms and Conditions
1. Contract Time
Contractor. shall have 365 calendar days to achieve Substantial Completion from the
date of the Notice to Proceed is issued for Phase I. Contractor shall have 90 calendar
days to achieve Substantial Completion from the date of the Notice to Proceed is issued
for Phase II Contractor shall have an additional 60 calendar days for Final Completion
of Phase I and 30 calendar days for Phase II.
2. Contract Allowances
The City will include the following allowance accounts as part of the Contract award.
Any expenditures under these allowance accounts will be at the sole discretion of the
City_ andthe values of each allowance account represent the maximum the City will pay
under each allowance account.
1. Stone (behind the bar area) - $7,500.00
2. Wood ceiling (at the dining and pro -shop areas) - $70,000.00
3. light fixtures (pendants at the bar and dining areas, $20,600.00
•
ceiling fixtures at the pro -shop) -
4. Lockers - $20,000.00
5. Pavers (aqua pavers) - $105,000.00
3. 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. All applications shall be submitted in triplicate. Where the time frame for
completion of the Work is less than or equal to one month or a Schedule of Values is not
required, the Contractor shall submit the appropriate documentation as defined below.
Supporting evidence to be included with any application for payment shall include, but is
not limited to, an updated progress schedule as required by Article 5 of the
Supplemental Terms and Conditions and a partial or final release of liens or consent of
Surety relative to the Work, which is the subject of the application for payment and any
other information required by the Project Manager or Consultant. Each application for
payment shall be submitted in triplicate for approval. City shall make payment to
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.
Contractor shall submit separate Applications for Payment for each Project.
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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 the Work, the
sums specified in the Contractor's submittal to the Contract Documents, as accepted by
the City.
Contractor may be paid for materials or equipment purchased and stored at the Project
Site or another location'. Where a payment request is made for materials or equipment
not incorporated in the Project, but delivered and suitably stored at the site or at some
other location agreed upon in writing, the written documentation must be submitted at
the time of request for payment. Payment shall be conditioned upon submission by the
Contractor of paid invoices and an executed Material Purchased/Stored On -Premises
form to establish the City's title to such materials or equipment, or otherwise protect the
City's interest, including applicable insurance in the name of City and transportation to
the site.
Contractor retains sole liability to replace such stored materials or equipment as a result
of damage or Toss for any reason
4. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth
in the Contract Documents or any approved extension of time the Contractor shall pay to
the City liquidated damages as follows. In the event of a delay in completion beyond the
timeframe set forth in the Contract Documents for Substantial Completion the Contractor
shall pay to the City for each and every calendar day of unexcused delay, the sum of
One thousand dollars ($1,000.00) per calendar day, which is hereby agreed upon not as
a penalty but as liquidated damages. In the event of a delay in completion beyond the
timeframe set forth in the Contract Documents for Final Completion the Contractor shall
pay to the City for each and every calendar day of unexcused delay, the sum of five
hundred dollars ($500.00) per calendar day, which is hereby agreed upon not as a
penalty but as liquidated damages. The Contractor will be notified of any approved
exceptions or extensions. The total amount of liquidated damages shall not exceed the
value of the applicable Contract Documents.
The City shall have the right to deduct liquidated damages assessments from any
payment due or which may thereafter become due to the Contractor under any contract
the Contractor has with the City. In case the amount, which may become due
hereunder, shall be less than the amount of liquidated damages due the City, the
Contractor shall pay the difference upon demand by the City. Should the Contractor fail
to compensate the City for any liquidated damages, the City shall consider this as a form
of indebtedness and may deny any future Work under the Contract or any other City
contract until such indebtedness is paid in full to the City.
The City shall notify the Contractor that it is incurring liquidated damages.
5 Bonus Provision
The City will pay to the Contractor a "Bonus" in the amount of $50,000, if the Project is
issued a Temporary Certificate of Occupancy for Phase I and the parking lot
improvements within three hundred sixty five (365) days ("Timeline") from the date the
Notice to Proceed is issued by the City. This timeframe is derived from the timelines set
forth above for Substantial and Final Completions. For the purpose of determining the
Contractor's entitlement to the Bonus, the Timeline will not be adjusted for any reason,
cause or circumstance whatsoever, regardless of cause or fault, except in the instance
of a catastrophic event. Such catastrophic events are limited to hurricanes, tornadoes,
or similar event occurring in nature or a declared state of emergency. In the event of
such a catastrophic event the Contractor and City shall agree as to the number of
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calendar days to extend the Timeline. If such an agreement cannot be reached the
Director shall unilaterally determine the number of calendar days to extend the Timeline.
The Director's determination shall not be subject to review or appeal.
Except as stated above in this Article the Contractor shall not be entitled to any
extension of the Timeline for any cause or reason and the Contractor shall have no right
under the Contract Documents to make any claim arising out of this Bonus Provision.
6. 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. The
Schedule of Values shall indicate a complete breakdown of labor and material of all
categories of Work on the Project. Contractor's overhead and profit should be as
separate line items. Each line item shall be identified with the number and title of the
major specification section or major components of the items. The Project Manager or
Consultant may require further breakdown after review of the Contractor's submittal The
City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the Schedule of Values. The combined total
value for mobilization under the Schedules of Values shall not exceed 5% of the value of
the Contract.
The approved schedule of values shall be updated through the submittal of the City's
Payment Application Form.
7. Project Schedules
Contractor shall submit a proposed Project schedule as follows:
• Schedule identifying all tasks within the critical path. 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 Manager and
Consultant's review. Subsequent to such review of said schedule the
Contractor shall establish said schedule as the baseline schedule.
• All updates of schedules shall be tracked against the baseline schedule and
shall be at a minimum submitted with each pay application. An updated
schedule against the baseline shall also be submitted upon execution of each
change order that impacts the Contract Documents 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
unless otherwise approved by the Project Manager. 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.
• Subsequent to review of the initial schedule submission the Contractor shall
establish the reviewed schedule as the "baseline schedule". Contractor shall
then prepare and submit all updates to the schedules utilizing the tracking
mode within Microsoft Project.
8. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment
covered by an application for payment, whether incorporated in the Project or not, will
pass to the City upon the receipt of such payment by the Contractor, free and clear of all
liens, claims, security interests or encumbrances and that no Work, materials or
equipment will have been acquired by the Contractor or by any other person performing
Work at the site or furnishing materials and equipment for the Project, subject to an
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agreement under which an interest therein or an encumbrance thereon is retained by the
seller or otherwise imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial
Release of Lien/Subcontractor's Statement of Satisfaction for each application for
payment. Failure to submit such documentation may delay payments. The City may, in
its sole discretion withhold payments for Work performed by Subcontractor where no
release of lien has been submitted. The Contractor shall submit with the final payment
request, for any Project where subcontractors have performed Work, a Final Release of
Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the City
withholding from the final payment such funds as necessary to satisfy any Subcontractor
claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may,
in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent
of Surety to Requisition Payment.
9. 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 bi-weekly 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. The Contractor shall prepare and distribute to
Project Manager and the Consultant an updated two -week look -ahead schedule of
construction activities and submittals.
10. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor
6eJieves that the Contract Document's specifications or drawings are unclear or conflict.
All requests must be submitted in a manner that clearly identifies the drawing and/or
specification section where clarification or interpretation is being requested. As part of
the RFI, Contractor shall include its recommendation for resolution. The Architect and
City shall respond in writing.
11. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming
of the item is intended to establish the type, function and quality required. Unless the
name is followed by words indicating that no substitution is permitted, materials or
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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
Work to adapt the design to the proposed substitute and whether or not incorporation or
use by the substitute in connection with the Work is subject to payment of any license
fee or royalty. All variations of the proposed substitute from that specified will be
identified in the application and available maintenance, repair and replacement service
shall be indicated. The application also shall contain an itemized estimate of all costs
that will result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the 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 Contract Documents, 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 Contract Documents. 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 concurrence, which shall
be evidenced by either a Change Order or an approved submittal. The Project Manager
or Consultant may require the Contractor to fumish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. If the City and the
Engineer of Record 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 Contract Documents.
12. Project Site Facilities
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.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
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.
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 of 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.
13. Project Laboratory Testing Services
The Contractor shall provide and pay for all Project Laboratory Services to perform
quality assurance and quality control testing, except for those that may be required by
regulatory agencies. Contractor shall be responsible for the costs associated with all
retesting due to the product or Work failing a test. Costs for such retests shall be
deducted from pending invoices.
14. Security
The site where the Work is to be performed may not be a secure site and the public may
have access to the site. The Contractor shall have sole responsibility for the security of
all Work materials, tools, equipment and Work at the Project site. The City shall not be
liable for any damage or loss to such materials, tools, equipment and Work and the
Contractor shall be responsible for the repair or replacement of all Work such materials,
tools, and equipment. Project Site must be completely fenced -in and kept separate from
the remainder of the Melreese Golf property.
15. Construction Signage
Where required by the Contract Documents the Contractor shall provide construction
signage.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The Contractor shall furnish the two City signs at the Project
Site as follows:
■ The first sign must be manufactured by Image 2000, 45 East 9t 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.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
• 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 %
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 waming 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.
16. Aerial Photography
Contractor shall conduct aerial photography on a monthly basis that will reflect the
progress of the Project. Aerial photographs are to be submitted monthly with the
Contractor's application for payment. Failure to include the photographs shall result in
rejection of the application for payment.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
(Page 1 of 8)
Section 4 - BID FORM
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this Bid is made without
connection with any other person, firm, or parties making a Bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the opening
of the bids, as acknowledged below; and that it has satisfied itself about the Work to be
performed; and that it has submitted the required Bid Guaranty; and all other required
information with the Bid; and that this Bid is submitted voluntarily and willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
Bid No: 07-08-017
Title: Melreese Clubhouse and Restaurant, B- 30566
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total Bid
price plus alternates, if any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be
forfeited if Bidder fails to execute said Contract, or fails to furnish the required
Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of
Insurance within fifteen (15) calendar days after being notified of the award of the
Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price Bid in
figures and the price Bid in words, the price in words shall govern. Bidder agrees that
any unit price listed in the Bid is to be multiplied by the stated quantity requirements in
order to arrive at the total.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID FORM: (Page 2 of 8)
Note: Bidders are bidding on a lump sum basis for the purpose of determining
the lowest responsive and responsible bidder. The City shall determine the
apparent lowest Bidder by adding the cost of the lump sum Bid with the cost of
the each of the alternates the City selects to include in the award. Bidders must
Bid on the Base Bid and all Alternates.
Base Bid
Our LUMP SUM BID, excluding the alternates stated below, includes the total cost for
the Work specified in this solicitation, consisting of furnishing all materials, labor,
equipment, supervision, mobilization, overhead & profit required, in accordance with the
Bid Specifications.
Lump Sum: $
Written Amount
Alternates Bid Price
1. East trellis $
2. West trellis $
3. Toilet room vestibules (both)
4. Extend the storefront windows down to the finished floor $
(total height of windows 8'-3") in the dining / bar and proshop
5. Simulated stone veneer on the west elevation
6. Accordion doors in the dining area and between the bar $
and dining area
7. Interior roll -down shades in the dining / bar and proshop
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID FORM: (Page 3 of 8)
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS
III AND IV.
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, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder 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
2. First Source Hiring
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance
Section 18-110, pertaining to the implementation of a "First Source Hiring Agreement".
Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration
in the award of a contract.
3. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other
person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid
is made without connection or arrangement with any other person; and
4. Drug Free Workplace
The undersigned Bidder 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;
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID FORM: (Page 4 of 8
(ii)The Bidder's policy of maintaining a drug -free workplace;
(iii )Any available drug counseling, rehabilitation, and employee assistance programs;
and
_iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that
as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days after
such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2)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.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID FORM: (Page 5 of 8)
(3)This undersigned shall require that the language of this certification be included in the
award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a pre -requisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
Tess 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).
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, and declared ineligible
or voluntarily excluded from covered transactions by any Federal department or agency.
b. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records, making false statements, or
receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph 1.b of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification,
such Bidder shall submit an explanation to the City of Miami.
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench
Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be
legally binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total Bid price
are costs for complying with the Florida Trench Safety Act. These items are a breakout of the
respective items involving trenching and will not be paid separately. They are not to be
confused with bid items in the schedule of prices, nor be considered additional Work.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID FORM: (Page 6 of 8)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price
Total $
Extended . Method
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of
Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or
Certified Check [ ] No. Bank of
for the sum of
Dollars ($ ).
The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by
signing and completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.: E-Mail Address:
Social Security
No. or Federal Dun and
I.D.No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID FORM: (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a corporation organized and existing under the laws
of the State of , held on the _day of , a resolution was duly
passed and adopted authorizing (Name) as
(Title) of the corporation to execute bids on behalf of the corporation and
providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official
act and deed of the corporation. I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this day of 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a partnership organized and existing under the laws
of the State of , held on the _day of a resolution was duly passed
and adopted authorizing (Name) as (Title) of the to
execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a
partner, shall be the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
. Partner:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is
authonzed to sign Bid documents on behalt of the joint venture. It 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).
CERTIFICATE OF AUTHORITY
(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, I have hereunto set my hand this day of , 20
Signed:
Print:
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID FORM: (Page 8 of 8)
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
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Section 5- Attachments
BID BOND FORM (Page 1 of 3)
State of Florida
County of Dade
City of Miami )
SS
KNOWN ALL PERSONS BY THESE PRESENTS, that as
Principal, as Surety,
are held and firmly bound unto The City of Miami, in the penal sum of
Dollars ($ ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying Bid, dated , 20_, for:
Melreese Clubhouse and Restaurant, CIP Project No. B- 30566
NOW THEREFORE:
(a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after
date of opening the same, and shall within ten (10) days after the prescribed forms are
presented to him for signature, enter into a written contract with the City, in accordance
with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as
may be required, for the faithful performance and proper fulfillment of such contract; or,
(b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter
into such contract and give such bond within the time specified, if the principal shall pay
the City the difference between the amount specified in said Bid and the amount for
which the City may procure the required Work and supplies, if the latter amount be in
excess of the former, then the above obligation shall be void and of no effect, otherwise
to remain in full force and virtue.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this
day of , A. D., 20_,
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City State Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City
State Zip
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of
the Corporation named as Principal in the within bond; that
of said corporation; that I know his signature, and the
signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing body.
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
SS
(Corporate Seal)
Before me, a Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney -in -fact, for the
and that he/she has been authorized by
to execute the foregoing bond on behalf of the Contractor named
therein in favor of The City of Miami, Florida.
Subscribed and sworn to before me this
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
day of A. D., 20_.
Notary Public, State of Florida at Large
My Commission Expires:
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole
Discretion, Require That The Bidder Submit Additional Information Not Included In The
Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of
The City's Request. Failure To Submit The Form Or Additional Information Upon
Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive.
Additional Pages May Be Used Following The Same Format And Numbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained
herein.
A. Business Information
1. How many years has your company been in business under its current name and
ownership?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
(*include active certifications of small or disadvantage business & name of certifying entity)
b. Date Company licensed by Dept. Of Professional Regulation:
c. Qualified Business License: ❑ Yes No If Yes, Date Issued:
c. What is your primary business?
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
d. Name of Qualifier, license number, and relationship to company:
2. Name and Licenses of any prior companies
Name of Company License No.
Issuance Date
3. Type of Company:
❑Corporation ❑"S" Corporation ❑LLC❑Sole Proprietorship❑Other:
(specify)
4. Employee Information
Total No. of Employees: Number of Managerial/Admin. Employees:
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
5. Has any owner or employee of the company ever been convicted of a federal offense or
moral turpitude: If yes, please explain:
6. Insurance & Bond Information
a. Insurance Carrier name & address:
b. Insurance Contact Name, telephone, & e-mail:
c. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value:
e. Bond Carrier name & address:
f. Bond Carrier Contact Name, telephone, & e-mail:
g. Number of Bond Claims paid out in last 5 years & value:
7. Have any claims lawsuits been file against your company in the past 5 years, If yes,
identify all where your company has either settle or an adverse judgment has been
issued against your company. Identify the year basis for the claim or judgment &
settlement unless the value of the settlement is covered by a written confidentiality
agreement.
8. To the best of your knowledge is your company or any officers of your company
currently under investigation by any law enforcement agency or public entity. If yes,
provide details:
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
9. Has your company been assessed liquidated damages or defaulted on a project in the
past five (5) years? ❑ Yes ❑ No (If yes, provide an attachment that provides an
explanation of the project and an explanation.
10. Has your company been cited for any OSHA violations in the past five (5) years. If yes,
please provide an attachment including all details on each citation,
11. Provide an attachment listing all of the equipment, with a value of $5,000 or greater,
owned by your company.
B. Project Management & Subcontract Details
1. Project Manager for this Project:
a. Name:
b. Years with Company:
c Licenses/Certifications:
d. Last 3 projects with the company including role, scope of work, & value of project:
2. Subcontractors:
Name
Trade
% of Work License No. Certification*
(*active certifications of small or disadvantage business & name of certifying entity)
3. Scope of actual construction work to be performed by your company and the
corresponding percentage of the work: (This does not include such items as insurance * bonds, dumpsters,
trailers, and other similar non -construction work items)
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
C. Current and Prior Experience:
1. Current Experience including projects currently under construction, recently awarded, or
pending award (Provide an attachment to this questionnaire that lists all such projects,
including the owner's name, title and value of project, scope of work, projected or actual
start date, projected completion date, and number of company trades personnel
assigned to the project)
2. Prior Projects of a similar size, scope and complexity (Provide an attachment to this
questionnaire that complies with the minimum number of projects identified by the bid
solicitation. Information provided must include the owner's name , address and contract
person, including telephone & e-mail, title of project, location of project, scope, initial
value and final cost of the project, projected and final timeframes for completion in
calendar days and the number of company trades personnel that were assigned to the
project. If there is a difference between the initial and final cost or initial and actual
timeframe provide details on the differences exist.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or govemment
organizations for which the Contractor has provided services in addition to the minimum five (5)
projects of a similar size, scope, and complexity.
1)
2)
Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
Company Name
Address
Contact Person/Contract Amount
• Telephone No. /Fax No.
Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
4) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please type or print clearly. This Affidavit must be completed in full, signed and
notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI.
Legal Name of Firm:
Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation
Corporation Document No:
Date Established
Occupational License No:
PRESENT
Street Address:
Date of Issuance
City:
State:
How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-85 of the City of Miami Code, as amended:
The "City Commission may offer to a responsible and responsive local bidder, who maintains an
office in the City of Miami, the opportunity of accepting a Bid at the low bid amount, if the
original bid amount submitted by the local bidder does not exceed 110 percent of the lowest
other responsible and responsive bidder."
The intention of this section is to benefit local bona fide bidders/Bidders to promote
economic development within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been
established with the sole purpose of obtaining the advantage granted bona fide local
bidders/Bidders by this section.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
Authorize Signature Authorized Signature
Print Name Print Name
('Corporate Seal) Title Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of a Corporation or one general partner of a
partnership or the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That: personally appeared
before me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with your Bid copies of Occupational License, professional and/or trade
License to verify local status. The City of Miami also reserves the right to request a copy
of the corporate charter, corporate income tax filing return and any other documents(s)
to verify the location of the firm's office.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
Local, Small, Disadvantaged and Minority/Women
Business Enterprise Participation
Project No.: Title:
Bidder/Contractor:
As previously stated in the Contract Documents, the City encourages the participation of local, small and minority
owned businesses. Based on this ongoing effort the City requires that with the submission of the Bid, first payment
requisition, and at the request of City representative, the Contractor shall submit this report entitled. 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.
The following certified local, small, disadvantaged, minority or women owned firms have been awarded subcontracts
for this Project. The legend is to be used in completing the appropriate columns.
Name of Firm (Bidder and
Subcontractors)
Business Designation
(check all that apply)
Certifying
Agency
(Agencies)
List all
applicable
Value of
Work
Assigned/
Awarded
Percentage
of Total
Work or
Contract
❑CSBE or SBE
$
• BBE
• DBE
■HBE
• Local
• MBE
• WBE
• None
$
• BBE
• CSBE or SBE
• DBE
■ HBE
■ Local
• MBE
• WBE
• None
$
■ BBE
■ CSBE or SBE
■ DBE
•HBE
❑ MBE
• Local
• WBE
• None
❑HBE
$
• BBE
• CSBE or SBE
■ DBE
• Local
• MBE
• WBE
■ None
❑ CSBE or SBE
$
• BBE
• DBE
■HBE
❑ MBE
• Local
• WBE
• None
$
■ BBE
• CSBE or SBE
• DBE
■ HBE
❑ MBE
• Local
• WBE
• None
LEGEND
Types of Firm
Certifying Entities
BBE — Black- (African -American) owned Business Enterprise
CM - City of Miami
CSBE — Community Small Business
BC - Broward County
DBE — Disadvantaged Business Enterprise
FDOT — Florida Department of Transportation
HBE — Hispanic Owned Business Enterprise
FG — Federal Government
Local — Local Firm (within City of Miami city limits)
MD - Miami Dade County
MBE — Minority Business Enterprise
MDPS — Miami Dade Public Schools
None — no special designation
Other — please identify
SBE — Small Business Enterprise
WBE — Woman -Owned Business Enterprise
NOTE: COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FIRMS SHALL ATTACH THE
LOCAL OFFICE AFFIDAVIT
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Melreese Clubhouse and Restaurant
Bid No.: 07-08-017
Section 6- Contract Execution Form
THIS Contract (contract number) made this day of in the year 2008
by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and (name of
Contractor)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST (CONTRACTOR NAME)
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: CITY OF MIAMI, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Pedro G. Hernandez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
LeAnn Brehm, Director Julio O. Bru, City Attorney
Risk Management Department
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
CORPORATE RESOLUTION
• WHEREAS, , Inc. desires to enter into
an contract with the City of Miami for the purpose of performing the work described in
the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
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Melreese Clubhouse and Restaurant
Bid No.: 07-08-017
FORM OF PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and, -- , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No: 06-07-017, awarded the day of , 20 , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3.Performs the guarantee of all Work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations hereunder, the Surety may promptly remedy the
default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
99
Melreese Clubhouse and Restaurant Bid No.: 07-08-017
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as Work progresses (even
though there should be a default or a succession of defaults under the Contract
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion Tess the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
WITNESSES:
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
100
Melreese Clubhouse and Restaurant Bid No.: 07-08-017
FORM OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No., awarded the day of , 20 , with City which Contract
Documents are by reference incorporated herein and made a part hereof, and specifically
include provision for liquidated damages, and other damages identified, and for the purposes of
this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the Work, furnish to Contractor a notice that he intends to look to
the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
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Melreese Clubhouse and Restaurant Bid No.: 07-08-017
FORM OF PAYMENT BOND (Page 2 of 2)
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
By:
Contractor
(Name of Corporation)
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
102
Melreese Clubhouse and Restaurant Bid No.: 07-08-017
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond); that , who signed the Bond(s) on behalf
of the Principal, was then of said corporation; that I know his/her signature; and
his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in
favor of City.
Subscribed and Sworn to before me this day of , 20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
Melreese Clubhouse and Restaurant Facility Bid No.: 07-08-017
Page 103
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing is
due to default in performance of certain obligations on the part of
(contractor, applicant, customer) agreed upon by and between the City of Miami, Florida
and (contractor, applicant, customer), pursuant to Bid/Contract No.
for (name of project) and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Melreese Clubhouse and Restaurant Facility Bid No.: 07-08-017
Page 104
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami with written notice of our intent to terminate the credit herein extended,
which notice must be provided at least thirty (30) days prior to the expiration date of the original
term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will
expire prior to performance of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in
any way be modified, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document, instrument,
or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this credit that such drafts will be duly honored upon presentation
to the drawee.
•
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
Authorized Signature
Melreese Clubhouse and Restaurant Facility Bid No.: 07-08-017
Page 105