HomeMy WebLinkAboutExhibit 2BID NO. 07-08-018
CITY HALL BASEMENT EMERGENCY STRUCTURAL
REPAIRS
CIP PROJECT NO. B- 30121
Due Date: July 14, 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
Oci-k(73
TABLE OF CONTENTS
NOTICE TO CONTRACTORS 6
Section 1 - Instructions for Submission 6
1. Intention of City 7
2. Scope of Work 7
3. Location of Project(s) 7
4. Performance of the Work 7
5. Examination of Contract Documents and Site 7
6. Addendum 8
7. Bid Submission 8
8. Preparation of Bid 8
9. Pre -Bid Conference 8
10. Postponement of Bid Opening Date 8
11. Acceptance or Rejection of Bids 9
12. Environmental Regulations 9
13. Bid Award 9
14. Bid Protest 9
15. Local, Small, and Disadvantaged Firm Participation 9
16. Minority /Women Procurement Program 10
17. First Source Hiring Agreements 10
18. Local and Minority/Woman Participation Reporting 11
19. Cone of Silence 11
20. Public Entity Crime 12
21. Fraud and Misrepresentation 12
22. Collusion 12
23. Contractor in Arrears of Default 12
24. Cancellation of Solicitation 12
Section 2 - General Terms and Conditions 13
1. Definitions 13
2. Time is of the Essence 15
3. Contract Term 15
4. Notices 15
5. Priority of Provisions 16
6. Indemnification 16
7. Insurance 17
8. Performance and Payment Bond 19
9. Qualification of Surety 20
10. General Requirements 20
11. Method of Performing the Work 21
12. Work Staging and Phasing 22
13. Site Investigation and Representation 22
14. Contractor to Check Plans, Specifications and Data 22
15. Contractor's Responsibility for Damages and Accidents 23
16. Accidents 23
17. Safety Precautions 23
18. Occupational Health and Safety 24
19. Labor and Materials 24
20. Rules, Regulations, and Licenses 24
21. Consultant Services 24
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22. Project Management 25
23. Superintendence and Supervision 25
24. Authority of the Project Manager 26
25. Inspection of Work 277
26. Taxes 28
27. Separate Contracts 28
28. Lands of Work 28
29. Coordination of Work 28
30. Differing Site Conditions 28
31. Existing Utilities 29
32. Contractor's Responsibility for Utility Properties and Service 29
33. Interfering Structures 30
34. Field Relocation 30
35. Contractor's Use of Work Site 30
36 Warranty of Materials and Equipment 31
37. Material and Equipment Shipment, Handling, Storage and Protection 31
38. Manufacturer's Instructions 33
39. Manufacturer's Warranty- 33
40. Submittals 33
41. Shop Drawings 35
42. Product Data 36
43. Samples 36
44. Record Set 36
45. Supplemental Drawings and Instructions 37
46. Contractor Furnished Drawings 37
47. Substitutions 37
48. City Furnished Drawings 38
49. Interpretation of Drawings and Documents 38
50. Product Tests 39
51. Field Directives 39
52. Changes in the Work or Contract Documents 39
53. Continuing the Work 39
54. Change Orders 39
55. Change Order Procedure 40
56. No Oral Changes.... 41
57. Value of Change Order Work 41
58. Extra Work Directive 44
59 Field Layout of the Work and Record Drawings for Drainage Projects 45
60. Worker's Identification 46
61. Removal of Unsatisfactory Personnel 47
62. Substantial Completion, Punch List, & Final Completion 47
63. Acceptance and Final Payment 48
64. Force Majeure 48
65. Extension of Time 48
66. Notification of Claim 49
67. Extension of Time not Cumulative 50
68. Contractor's Damages for Delay 50
69. Excusable Delay, Non-Compensable 50
70. Defective Work 51
71. Acceptance of Defective or Non -Conforming Work 51
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72. Uncovering Finished Work 51
73. Correction of Work 52
74. Location and Damage to Existing Facilities, Equipment or Utilities 52
75. Stop Work Order 53
76. Hurricane Preparedness 53
77. Use of Completed Portions 54
78. Cleaning Up; City's Right to Clean Up 54
79. Removal of Equipment 55
80. Set -offs, Withholdings, and Deductions 55
81. Event of Default 55
82. Notice of Default -Opportunity to Cure 56
83. Termination for Default 56
84. Remedies in the Event of Termination for Default 56
85. Termination for Convenience 57
86. Resolution of Disputes 58
87. Mediation -Waiver of Jury Trial 58
88. City May Avail Itself of All Remedies 58
89. Permits, Licenses and Impact Fees 59
90. Compliance with Applicable Laws 59
91. Independent Contractor 59
92. Third Party Beneficiaries 60
93. Successors and Assigns 60
94. Materiality and Waiver of Breach 60
95. Severability 60
96. Applicable Law and Venue of Litigation 60
97. Amendments 61
98. Entire Agreement 61
99. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act 61
100. Evaluation 61
101. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade
County and the=State of Florida 61
102. Royalties and Patents 61
103. Continuation of the Work 62
104. Review of Records 62
105. No interest 62
106. Payments Related to Guaranteed Obligations 62
107. Consent of City Required for Subletting or Assignment 62
108. Agreement Limiting Time in Which to Bring Action Against the City 63
109. Defense of Claims 63
110. Contingency Clause 63
111. Mutual Obligations 63
112. Contract Extension 63
113. Non -Exclusivity 63
114. Nature of the Agreement 64
115. Contract Documents Contains all Terms 64
116. Applicable Law and Venue of Litigation 64
117. Survival 64
Section 3 - Supplemental Terms and Conditions 65
1. Contract Time 65
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2. Work Hours 65
3. Time and Materials 65
4. Progress Payments 65
5. Liquidated Damages 66
6. Work and Shoring Plan 66
7. Schedule of Values 67
8. Project Schedules 67
9. Release of Liens/Subcontractor's Statement of Satisfaction 68
10. Progress Meetings 68
11. Request for Information 68
12 Project Site Facilities 69
13. Project Laboratory Testing Services 69
14. Construction Signage 69
Section 4 - Bid Forms 71
Certificate Of Authority 77
Certificate Of Authority (If Joint Venture) 77
Certificate Of Authority (If Individual) 77
Certificate As To Corporate Principal 78
Questionnaire 79
Customer Reference Listing 83
Office Location Affidavit 84
Section 6 - Contract Execution Form 87
Corporate Resolution 88
Form Of Performance Bond 89
Certificate As To Corporate Principal 93
Performance And Payment Guaranty Form 94
(Unconditional/Irrevocable Letter Of Credit) 95
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INVITATION TO BID NO. 07-08-018
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor,
3500 Pan American Drive, Miami, Florida 33133-5504 for:
CITY HALL BASEMENT EMERGENCY STRUCTURAL REPAIRS, B- 30121
Bids Due: July 14, 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 the structural repair of the columns, load bearing wall &
foundation work, slab on grade work, and spalling repairs located in the City Hall
basement.
CIP held a mandatory pre -bid conference and site visit on Friday, June 27, 2008 and only
those contractors attending the pre -bid can Bid on this Project.
While Bidders will be notified of any addendum that is issued 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. miamigov.com/Capitall 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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Section 1— Instructions for Submission
1. Intention of City
It is the intention of City to describe in this Invitation to Bid the Project 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 the structural
repair of the columns, Toad bearing wall & foundation work, slab on grade work, and
spalling-repairs located -in the City Hall basement based on the drawings prepared by the
Consultant, which have been previously provided, and are incorporated herein by
reference.
3. Location of Projects)
3500 Pan American Drive, Miami, Florida 33133-5595
4. Performance of the Work
Bidder must be capable of self- performing twenty-five percent (25%) 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 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.
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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.
General Note #4 on the drawings in hereby deleted. Any discrepancies are to be
brought to the attention of the individual named in Article 6 below.
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 via e-mail to the attention
of Cecilia Wilson at mfrancoamiamigov.com. Interpretations or clarifications considered
necessary by CIP in response to such questions will be issued by City by means of
Addendum. All will be sent to the Bidders by e-mail as well as being posted on the CIP
webpage. There shall be no obligation on the part of CIP to respond to questions.
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 sealedenvelope, legibly marked on the
outside:
BID NO.: 07-08-018
BIDS FOR: City Hall Basement Emergency Structural Repairs, Project
No. B- 30121
Failure to submit a duplicate copy may result in the reject of the Bid as non -responsive.
8. Preparation of Bid
The Bid Form consists of the Bidder providing a lump sum price for the Work.
All Bids must be made upon the blank City forms provided herein. The Bid must be
sign�e and--acknowledged=byt a tdde danee-with-t#he-directions on- the-ITB.
Failure -to utilizethecity'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.
9. Pre -Bid Conference
A mandatory conference and site visit was held on June 27, 2008 and only those firms
that attended will be considered for award.
10. 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.
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The City shall make reasonable efforts to issue addenda within five (5) calendar days
prior to the due date.
11. Acceptance or Rejection 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.
12. 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.
13. Bid 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 fumish 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_eensure 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.
14. 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 parry's right to file a protest. NO EXCEPTIONS.
15. 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
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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.
16. 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
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.
17. First Source Hiring Agreements
Section 18-110 of the City Code states:
(a) The City commission approves implementation of the first -source hiring
agreement policy and requires as a condition precedent to the execution of
service contracts for facilities, services, and/or receipt of grants and loans, for
projects of a nature that create new jobs, the successful negotiation of first
source hiring agreements between the organization or individual receiving said
contract and the Authorized Representative unless such an agreement is found
infeasible by the City Manager and such finding approved by the City
commission at a public hearing.
b) For the purpose of this section, the following terms, phrases, words and
their derivations shall have the following meanings:
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Authorized Representative means the Private Industry Council of South
Florida/South Florida Employment and Training Consortium, or its successor as
local recipient of federal and state training and employment funds.
Facilities means all publicly financed projects, including but without limitation,
unified development projects, municipal public works, and municipal
improvements to the extent they are financed through public money or services
or the use of publicly owned property
Grants and loans . means, without limitation, urban development action grants
(UDAG), economic development agency construction loans, loans from Miami
Capital Development, Incorporated, and all federal and state grants administered
by the City
Service contracts means contracts for the procurement of services by the City
which include professional services.
Services include, without limitation, public works improvements, facilities,
professional services, commodities, supplies, materials and equipment.
(c) The Authorized Representative shall negotiate each first source hiring
agreement
(d) The primary beneficiaries of the first -source hiring agreement shall be
participants of the City training and employment programs, and other residents of
the City.
Contractors —are —strongly —encouraged to identify- opportunities to - hire qualified City
residents if a 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.
18. Local and Minorit-yfWoman-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.
19. 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 anv 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 miamigov.com.
City Hall Emergency Structural Repairs 11 Bid No.: 07-08-018
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.
20. 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-entiityy; may not submit a Response on -a-contract with a
public entity for the construction or repair of a public building or public work's project,
may not submit a response on a lease of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017 of Florida Statutes for
Category Two for a period of 36 months from the date of being placed on the convicted
Bidder / Bidder list.
•
21. Fraud and Misrepresentation
Any individual, corporation or other entity that attempts to meet its contractual
obligations with the City through fraud, misrepresentation or material misstatement, may
be debarred for up to five (5) years. The City as a further sanction may terminate or
cancel any other contracts with such individual, corporation or entity. Such individual or
entity shall be responsible for all direct or indirect costs associated with termination or
cancellation.
22. Collusion
Where two (2) or more related parties, as defined herein, each submit a response to an
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.
23. 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.
24. Cancellation of Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when it is in the
best interest of the City.
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Section 2 — General Terms and Conditions
1. Definitions
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 throug_h 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 meansthe 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
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.
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13 Bid No.: 07-08-018
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 mean 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- necessaryandinferable
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.
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 Toss 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
City Hall Emergency Structural Repairs 14 Bid No.: 07-08-018
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.
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
City Hall Emergency Structural Repairs 15 Bid No.: 07-08-018
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 .Miami444 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
�onsultant-snd 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 govem 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
• 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
.. „ --- ,,.i„rai Pcnairc
16 Bid No.: 07-08-018
reasonable attorneys 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 which may be brought against City whether performed by
Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of 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.
7.3. Commercial General Liability (CGL) with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. General Aggregate Limit of
Two Million Dollars ($2,000,000.00). Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
City Hall Emergency Structural Repairs 17 Bid No.: 07-08-018
• 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).
• 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
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 two
Million Dollars ($2,000,000) each occurrence and an aggregate
limit of two Million Dollars ($2,000,000).
Excess coverage over the policies as follows:
• Commercial General Liability
■ Workers Compensation
• Business Automobile Liability
City shall be listed as an additional insured.
7. 6. Owners and Contractors Protective: Bodily injury and property damage
liability with limits of One Million Dollars ($1,000,000) each occurrence
and an aggregate limit of One Million Dollars ($1,000,000).
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.
City Hall Emergency Structural Repairs 18 Bid No.: 07-08-018
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change. If the initial insurance expires prior to the completion of the Work,
renewal copies of policies shall be furnished at least thirty (30) days prior to the date of
their expiration.
Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide
City with at least thirty (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-pfier-te--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.
City Hall Emergency Structural Repairs 19 Bid No.: 07-08-018
9. Qualification of Surety
Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars
($500,000.00):
Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident agent in
the State of Florida and having been in business with a record of successful
continuous operation for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with United States Department of Treasury Circular 570,
Current Revisions. If the amount of the Bond exceeds the underwriting limitation set
forth in the circular, in order to qualify, the net retention of the Surety shall not
exceed the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance with
Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the 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.
Bid No.: 07-08-018
The Contractor agrees that the Contractor will at all times employ, maintain and assign
to the performance of a Project a sufficient number of competent and qualified
professionals and other personnel to meet the requirements of the Work to be
performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
requested by the Project Manager, should the Project Manager make a determination
that said staffing is unacceptable or that any individual is not performing in a manner
consistent with the requirements for such a position.
The Contractor represents that its staff personnel have the proper skills, training,
background, knowledge, experience, rights, authorizations, integrity, character and
licenses as necessary to perform the Work, in a competent and professional manner.
The Contractor shall 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 -Contra od 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.
City Hall Emergency Structural Repairs 21 Bid No.: 07-08-018
79. 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.
80. Set -offs, Withholdings, and Deductions
The -City may set-off, deduct of -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 Govemment Prompt Payment Act
81. 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 prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
o Resort to any remedy for breach provided herein or by law, including but
not limited to, taking over the performance of the Work or any part thereof
either by itself or through others.
• In the event the City may, at its sole discretion terminate the Contract for
default, the City or its designated representatives may immediately take
possession of all applicable documentation and data.
• Where the City erroneously terminates the Contract or for default, the
terminations shall be converted to a Termination for Convenience, and the
Contractor shall have no further recourse of any nature for wrongful
termination.
82. 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.
83. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or
fails to perform any of its obligations hereunder, then Contractor shall be in default.
Upon the occurrence of a default hereunder which is not cured within the time specified
to cure the default if one has been granted by the City, the Director in addition to all
remedies available to it by law, may immediately, upon written notice to Contractor,
terminate this Contract whereupon any advances for which Work has not been
performed, paid by the City to Contractor while Contractor was in default shall be
immediately returned to the City. The Director may also suspend any payment or part
thereof or order a Work stoppage until such time as the -issues concerning compliance
are resolved. Contractor understands and agrees that termination of this Contract
under this Article shall not release Contractor from any obligation accruing prior to the
effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
• Contractor fails to obtain the insurance or bonding herein required by the
Contract.
• 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.
84. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable)
shall be notified of the effective date of the termination and shall be liable for all
damages resulting from the default, including but not limited to re -procurement costs and
other direct damages
The Contractor shall stop Work as of the date of notification of the termination and
immediately remove all labor, equipment and materials (not owned or paid for by the
City) from the Work Site. The City assumes no liability for the Contractor's failure to
remove such items from the Project site 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
85. 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 less, of (1) the
portion of the Project completed in accordance with the Contract through the
completion date, and (2) non -cancelable material(s) and equipment that is not of
any use to the City except in the performance of the Contract, and has been
specifically fabricated for the sole purpose of the Contract but not incorporated in
the Work; 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.
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
86. Resolution of Disputes
To minimize all disputes and litigation, it is agreed by the parties hereto that the Director
or designee shall decide all claims, and disputes of whatever nature which may arise
relative to the interpretation of the Contract Documents and fulfillment of the Contract
Documents as to the character, quality, amount and value of any Work done and
materials furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and the Director's estimates and decisions upon all claims, and
disputes shall be final and binding. Any claim or dispute which cannot be resolved by
mutual agreement of the Project Manager, Consultant and Contractor shall be submitted
to the Director in writing within fourteen (14) calendar days. The Director or designee
shall notify the Consultant and Contractor in writing of his/her decision within fourteen
(14) calendar days from the date of the submission of the claim, or dispute, unless the
Director requires additional time to gather information or allow the parties to provide
additional information. During the pendency of any dispute and after a determination
thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of
construction.
In the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the determination must notify the other party in writing
within fourteen (14) calendar days of receipt of the written determination. The notice
must state the basis of the objection and must be accompanied by a statement that any
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.
87. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during
the course of the construction of a Project, and/or following the completion of the Project,
the parties to this Contract agree all unresolved disputes between them shall be
submitted to non -binding mediation prior to the initiation of litigation, unless otherwise
agreed in writing by the parties. A certified Mediator, who the parties find mutually
acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of
Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The
Contractor agrees to include such similar contract provisions with all Sub -Contractors
retained for the Work, thereby providing for non -binding mediation as the primary
mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their
right to jury trial or to file permissive counterclaims in any action arising under this
Contract.
88. 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.
89. 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 the Contract Documents, all permits and licenses
required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Work undertaken by Contractor pursuant to the Contract Documents
shall be secured and paid for by Contractor. It is Contractor's responsibility to have and
maintain appropriate Certificate(s) of Competency, valid for the Work to be performed
and valid for the jurisdiction in which the Work is to be performed for all persons working
on the -Project for -whom -a -Certificate -of Competency -is -required.
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.
90. 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.
91. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as
an independent contractor. In accordance with the status of an independent contractor,
the Contractor covenants and agrees that the Contractor will conduct business in a
manner consistent with that status, that the Contractor will not claim to be an officer or
employee of the City for any right or privilege applicable to an officer or employee of the
City, including, but not limited to: worker's compensation coverage; unemployment
insurance benefits; social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall
be responsible for their Work, the direction thereof, and their compensation and benefits
of any kind. Nothing in the Contract shall impose any liability or duty on the City on
account of the Contractor's acts, omissions, liabilities or obligations of those of any
person, firm, company, agency association, corporation, or organization engaged by the
Contractor as a subcontractor, expert, consultant, independent contractors, specialist,
trainee, employee, servant or agent or for taxes of any nature, including, but not limited
to: unemployment insurance; worker's compensation and anti -discrimination, or
workplace legislation of any kind. The Contractor hereby agrees to indemnify and hold
harmless the City against any such liabilities, even if they arise from actions directed or
taken by the City.
92. 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
93. 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.
94. 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.
95. Severability
In the event the any provision of the Contract Documents is determined by a Court of
competent jurisdiction to be illegal or unenforceable, then such unenforceable or
unlawful provision shall be excised from this Contract, and the remainder of the Contract
Documents shall continue in full force and effect. Notwithstanding the foregoing, if the
result of the deletion of such provision will materially and adversely affect the rights of
either party, such party may elect, at its option, to terminate the Contract in its entirety.
An election to terminate the Contract based upon this provision shall be made within
seven (7) calendar days after the finding by the court becomes final.
96. 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.
97. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City Manager., Director or
designee.
98. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the
entire and integrated Contract between the City and the Contractor and supersede all
prior negotiations, representations or agreements, written or oral. This Contract may not
be amended, changed, modified, or otherwise altered in any respect, at any time after
the execution hereof, except by a written document executed with the same formality
and equal dignity herewith. Waiver by either party of a breach of any provision of the
Contract Documents shall not be deemed to be a waiver of any other breach of any
provision of the Contract Documents.
99. 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.
100. 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.
101. Commodities manufactured, -grown, or produced in the City of Miami,
Miami -Dade County and the State of Florida
Whenever two or more competitive sealed bids are received, one or more of which
relates to commodities manufactured, grown, or produced within the City of Miami,
Miami -Dade County and the State of Florida, and whenever all things stated in such
received bids are equal with respect to price, quality, and service, the commodities
manufactured, grown, or produced within the City of Miami, Miami -Dade County and the
State of Florida shall be given preference.
102. 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.
103. 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.
104. 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 pi ocedures 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.
105. No Interest
Any monies not paid by City when claimed to be due to Contractor under the Contract
Documents, including, but not limited to, any and all claims for damages of any type,
shall not -be—subject-to intemst_ocludrng, _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.
106. 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.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations,
the City will pay the Contractor any monies owed, subject to Contractor's submission of,
or compliance with, any remaining documentation or obligation, as the case may be, in
accordance with the Contract Documents
107. 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.
108. Agreement Limiting Time in Which to Bring Action Against the City
In the event the Contractor may be deemed to have a cause of action against the City,
no action shall lie or be maintained by the Contractor against the City upon any claim
arising out of or based upon the Contract Documents by reason of any act or omission
or requirement of the City or its agents, unless such action shall be commenced within
six (6) months after the date of issuance of a final payment under the Contract, or if final
payment has not been issued within six (6) months of substantial completion of the Work
or upon any claim relating to monies required to be retained for any period after the
issuance of the said certificate, unless such action is commenced within six (6) months
after such monies become due and payable under the terms of the Contract Documents,
or if the Contract is terminated or declared abandoned under the provisions of the
Contract unless such action is commenced within six (6) months after the date of such
termination or declaration of abandonment by the City.
109. 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.
110. 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.
111. 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 claimif-the Contractor fails to diligently defend such claim, and
thereafter seek indemnity for such cost from the Contractor.
112. 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.
113. 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.
114. 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 Tabor, 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.
115. 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 -mate,=ef-the ments shall be
deemed to exist or to bind any of the parties hereto, or to vary any of the terms
contained herein.
116. 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.
117. 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.
Section 3 - Supplemental Terms and Conditions
1. Contract Time
Contractor shall have ninety (90) calendar days to achieve Substantial Completion from
the date of the Notice to Proceed. Contractor shall have an additional 30 calendar days
for Final Completion.
2. Work Hours
Due to the fact that most of the Work to beperformedwill be disruptive to City staff
working at City Hall as well as create a significant level of noise the Contractor should
anticipate that at least 75% of the Work will need to be performed at night.
3. Time & Materials
Contractor will be required to perform additional Work that is not included in the lump
sum bid price. Most of this Work will consist of electrical and plumbing Work. The City
will pay for such work based on time and materials, in the following manner.
➢ Time
o The bid form includes line items for trade classifications. Bidders shall
included their hourly rate for each trade classification, inclusive of
overhead and -profit.
o The Contractor shall kept time sheets for each employee performing work
on -a time --and—materials--basis; which-at--a--minimum will include
employee's_ name, trade classification, hourly rates, hours worked per
day, and Work performed.
o Copies of timesheets must be submitted with the Contractor's payment
application.
➢ Materials
o Materials will be paid based on actual cost plus percent (10%) mark-up
for overhead and profit.
o Material costs must be consistent with current market pricing.
o Copies of material invoices must be submitted with the Contractor's
payment application.
4. Progress Payments
Contractor may make application for payment for Work completed during the Project at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. 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.
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 loss for any reason
5. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth
in the Contract Documents or any approved extension of time the Contractor shall pay to
the City liquidated damages as follows. In the event of a delay in completion beyond the
timeframe set forth in the Contract Documents for completion the Contractor shall pay to
the City for each and every calendar day of unexcused delay, the sum of two hundred
fifty dollars ($250.00) per calendar day, which is hereby agreed upon not as a penalty
but as liquidated damages. The Contractor will be notified of any approved exceptions
or extensions. The total -amount of liquidated damages shall not exceed the value of the
applicable Contract Documents.
The City shall have the right to deduct liquidated damages assessments from any
payment due or which may thereafter become due to the Contractor under any contract
the Contractor has with the City. In case the amount, which may become due
hereunder, shall be less than the amount of liquidated damages due the City, the
Contractor shall pay the difference upon demand by the City. Should the Contractor fail
to compensate the City for any liquidated damages, the City shall consider this as a form
of indebtedness and may deny any future Work under the Contract or any other City
contract until such indebtedness is paid in full to the City.
The City shall notify the Contractor that it is incurring liquidated damages.
6. Work and Shoring Plans
Subsequent to the award of the Contract, the Contractor is required to submit a Work
Plan and a Shoring Plan for approval, within fifteen (15) working days of the date of
award by the Consultant and the Project Manager, which must include the following.
➢ The Work Plan must include signed and sealed shoring drawings as well as
clearly identify the sequencing of the Work.
➢ The Shoring Plan must clearly state the plan or scheme for the shoring Work.
Both Plans will be reviewed by the Consultant and Project Manager. Upon approval of
both the Contractor can proceed with the Work. Should one or both Plans be rejected
the Contractor shall make revisions to the Plan(s) and resubmit for approval. Should
any such revisions substantially affect the Contractor's price to perform the Work, the
City, at its sole discretion may recind the award and award the Work to another
contractor. -Approval of the Plans by the Consultant and the Project Manager does not
transfer or convey and responsibility or liability for the Plans to the City. Liability and
responsibility for the Plans rests solely with the Contractor.
7. 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.
8. Proiect Schedules
Contractor shall submit a proposed Project schedule as follows:
• Schedule identifying all tasks within the critical path. The proposed Project
scheduTe shall tie submitted within ten (10) caleridardays -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.
9. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment
covered by an .application for payment, whether incorporated in the Project or not, will
pass to the City upon the receipt of such payment by the Contractor, free and clear of all
liens, claims, security interests or encumbrances and that no Work, materials or
equipment will have been acquired by the Contractor or by any other person performing
Work at the site or furnishing materials and equipment for the Project, subject to an
agreement under which an interest therein or an encumbrance thereon is retained by the
seller or otherwise imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial
Release of Lien/Subcontractor's Statement of Satisfaction for each application for
payment. Failure to submit such documentation may delay payments. The City may, in
its sole discretion withhold payments for Work performed by Subcontractor where no
release of lien has been submitted. The Contractor shall submit with the final payment
request, for any Project where subcontractors have performed Work, a Final Release of
Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the City
withholding from the final payment such funds as necessary to satisfy any Subcontractor
_S:1aims._
Where the Contractor has submitted a Performance/Payment Bond the Contractor may,
in lieu of the Release of Lien/Subcontractor's_Siatement of Satisfaction, submit Consent
of Surety to Requisition Payment.
10. 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 weekly job site Project status meetings
with the Project -Manager and/or Consultant. Contractor shall use the job site meetings
as a tool-forthe-preplanning-ef=Work-arm enforcing -scheduile _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 ail 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.
11. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor
believes that the Contract Document's specifications or drawings are unclear or conflict.
All requests must be submitted in a manner that clearly identifies the drawing and/or
specification section where clarification or interpretation is being requested. As part of
the RFI, Contractor shall include its recommendation for resolution. The Architect and
City shall respond in writing.
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.
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. Construction Signage
Where required by the Contract .Documents the Contractor may be required 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 up to two City signs at the Project
Site as follows:
■ The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah,
Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8
feet high and constructed of pressure sensitive 2 mil cast vinyl overmounted with
3 mil mylar and mounted to 1 MDO with painted back. The sign shall be
mounted on 4 inch square wood or perforated "U" channel metal posts painted
white, and be readable at eye level. The colors to be used on the sign are as
follows: the background shall be white with blue lettering; the seal shall be white
and gold with blue lettering form.
• The second sign shall reflect other funding sources for the Project and shall
reflect the Project information. The sign shall be 4 feet wide by 8 feet high by'/<
inch (thick) exterior plywood, suitably mounted and readable at eye level. The
colors shall be blue and white. The background shall be white and all lettering
shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will
provide the City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the
Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic.
-Signage shall- also be -placed -waterside -to alert boater to -the construction zone,
requiring idle speed and a minimum clearance distance. Contractor shall provide
drawings for the signage, which shall be subject to approval by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.