HomeMy WebLinkAboutExhibit 1BID NO. 11-12-0.32
NEW DINNER KEY MARINA DOCKMASTER BUILDING
CIP PROJECT 'NO.: B- 60464
Due Date: July 9,2012
.Due Time: 2:00 P.M.
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Mayor Tomas P..Regalado
Commissioner Wifredo (Willy) Gort, District 1
Commissioner'Marc'Sarnoff, District 2
CommissionerFrank Carona, District 3
Commissioner -Francis Suarez, District 4
Commissioner Michelle :Spence -Jones, District .5
City Manager, .Johnny Martinez, P.E.
Issued By:
City of Miami
Capital improvements Program
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
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TABLE OF .CONTENTS
NOTICE TO CONTRACTORS 6
Section 1 - Instructions for Submission 8
1. Intention of City 8
2. Scope of Work 8
3. Location of Project(s) 8
4. Performance of the Work 8
5. Examination of Contract Documents and Site 8
6. Addendum 9
7. Bid Submission 9
8. Bid Guaranty 9
9. Preparation of Bid 10
10. Pre -Bid Conference/Site Visit 10
11. Postponement of Bid Opening Date 10
12. Acceptance or Rejection of Bids 10
13. Environmental Regulations 11
14. Bid Award 11
15. Bid Protest 12
16. Local Workforce Participation 12
17. Community Small Business Enterprise Participation (CSBE) .13
18. Cone of Silence .13
19. Public Entity Crime 13
20. Fraud and Misrepresentation 14
21. Collusion 14
22. Contractor in Arrears of Default 14
23. Cancellation of Solicitation 14
Section 2 - General Terms and Conditions 15
1. Definitions 15
2. Time is of the Essence 17
3. Contract Term/Contract Price .18
4. Notices 18
5. Priority of Provisions 19
7. Performance and Payment Bond 22
8. Qualification of Surety 23
9. General Requirements 24
10. Method of Performing the Work 25
11. Work Staging and Phasing 26
12. Site Investigation and Representation 26
13. Contractor to Check Plans. Specifications and Data 26
14. Contractor's Responsibility for Damages and Accidents 27
15. Accidents 27
16. Safety Precautions 27
17. Occupational Health and Safety 28
18. Labor and Materials 29
19. Rules, Regulations, and Licenses 29
20. Consultant Services 29
21. Project Management 29
22. Superintendence and Supervision 30
23. Sub Contractors 30
24. Authority of the Project Manager 31
25. Inspection of Work 32
26. Taxes 32
27. Separate Contracts 32
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
27. Separate Contracts 32
28. .Lands of Work 33
29. Coordination of Work 33
30. "Differing Site Conditions 33
31. Existing .Utilities 34
32. Contractor's -Responsibility for Utility Properties and Service 34
33. Interfering Structures 35
34. Field Relocation 35
:35. Contractor's Use of Project Site(s) 35
36. Warranty of Materials and Equipment 36
37. Material and Equipment Shipment. Handling. Storage and Protection 36
38. Manufacturer's Instructions 37
39. Manufacturer's Warranty 38
41. Submittals 38
42. Shop Drawings 40
43. Product Data 41
44. Samples 41
45. Record Set 41
-46. Supplemental Drawings and Instructions 42
47. Contractor Furnished Drawings 42
-48. Substitutions 42
•49. City FurnishedDrawings 43
50. Interpretation of. Drawings and Documents 44
51. Product and Material Testing 44
52. Field Directives 44
53. Changes in -the Work or Contract Documents 44
54. Continuing the Work 45
.55. Change Orders 45
-56. Chancre OrderProcedure 46
.57. No Oral Changes 46
58. Value of Change Order Work 46
59. Extra Work Directive 49
60. As -Built Drawings 50
61. Worker's Identification 51
62. Removal of Unsatisfactory Personnel 51
63. 'Substantial Completion. Punch List. &Final Completion 51
64. -Acceptance and Final Payment 52
65. NDPES Requirements .52
66. Force.Majeure 53
67. Extension of Time 53
68. Notification of Claim 54
69. Extension of Time not Cumulative 54
70. Contractor's Damages for Delay 55
71. Excusable Delay. Non-Compensable 55
73. Defective Work 55
74. Acceptance of Defective or Non -Conforming Work 56
75. Uncovering Finished Work 56
76. Correction of Work 56
77. Maintenance of Traffic and Public Streets 57
78. Location and Damage to Existing Facilities. Equipment or Utilities 58
79. Stop Work Order 59
80. Hurricane Preparedness 59
81. Use of Completed Portions 60
82. Cleaning Up; City's Right to Clean Up 60
83. Removal of Equipment 60
84. Set -offs. Withholdings. and Deductions 61
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New Dinner Key Marina Dockrnaster Building Bid No.: 11-12-032
85. Event of Default 61
86. Notice ofDefault-Opportunity to Cure 61
87. Termination -for Default 62
88. Remedies in the Event ofTermination-for"Default 62
89. Termination for Convenience 63
90. Resolution: of Disputes 63
91. Mediation -Waiver of. Jury Trial 64
92. City May Avail Itself of All Remedies 65
93. Permits. Licenses and impact Fees 65
94. Compliance with Applicable Laws 65
95, Independent Contractor 66
96. Third Party Beneficiaries 66
97, Successors and Assigns 66
98. Materiality and Waiver of Breach 66
99. Severability 67
1100. Applicable Law and Venue of Litigation 67
101. Amendments 67
102. Entire Agreement 67
103. Nondiscrimination. "Equal Employment Opportunity. and Americans with -Disabilities Act
67
104. Evaluation 67
105. Commodities manufactured. Grown. or produced in the City of Miami. Miami --Dade
County and .the :State of Florida 68
106. Royalties and Patents 68
107. Continuation of the Work 68
-108. Review of Records 68
109. No Interest 68
110. Payments Related to Guaranteed Obligations 68
-111. Consent of City Required-for'Sublettina or Assignment 69
112. Agreement Limiting Time in Which to Bring Action Against the City 69
113. Defense of Claims 69
114. Contingency Clause 69
115. Mutual Obligations 69
116. Contract Extension 70
117. Non -Exclusivity 70
-118. Nature of -the Agreement 70
1119. Contract Documents Contains all Terms 70
120. Applicable Law and Venue of Litigation (Attorneys Fees) 70
121. Survival 70
Section 3-`Supplemental-Terms and Conditions 72
1. Contract Time & Hours 72
.2. Leadership in Energy and Environment Design / LEED Certification 72
3. Progress Payments 73
4. Liquidated Damages 74
5. Schedule of Values 74
6. Project Schedules 74
7. Release of Liens/Sub contractor's Statement of Satisfaction 75
8. Progress Meetings 76
9. Request for Information 76
10. Project Site Facilities 77
11. Security 78
12. Construction Sianage 81
Section 4 - BID FORM 79
CERTIFICATE OF AUTHORITY 86
(IF JOINT VENTURE) 86
CERTIFICATE OF AUTHORITY 86
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
(IF INDIVIDUAL) 86
Section 5- Attachments 88
BID BOND -FORM (Page 1 of 3) 88
CERTIFICATE AS -TO CORPORATE -PRINCIPAL 90
SUPPLEMENTTO BID FORM: 91
QUESTIONNAIRE 96
OFFICE LOCATION AFFIDAVIT (Page 1 of 2) 98
Section 6 Contract Execution Form 99
CORPORATE RESOLUTION 101
FORM OF PERFORMANCEBOND (Page 1 of.2) 102
CERTIFICATE AS TO CORPORATE PRINCIPAL -103
PERFORMANCE AND PAYMENT GUARANTY FORM 104
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Pagel of.2) 104
PERFORMANCE AND PAYMENT GUARANTY FORM *105
Joint .Venture Form 106
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
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INVITATION TO BID NO. 11-12-032
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:
NEW DINNER KEY MARINA DOCKMASTER BUILDING, B-60464
"Bids Due: 'Monday. July 9,2012 AT.2:00 P.M.
Scope of Work:
Work consists of furnishing all labor, transportation, machinery, tools means of transportation, supplies,
equipment, materials, services, and incidentals necessary to achieve the following:
Construction of a New Dockmaster'Facility of approx. 11,296 Sq. Ft. (Gross Area) at the Dinner Key Marina.
The new facility is a three story building to serve as the Dinner Key Marina and Harbormaster's (Mooring)
administration building, which must be in accordance with federal, State and local building Codes. The first
floor will support limited parking, a handicap accessible elevator, stairwell access, and storage room. The
second floor will house a customer lounge/computer access area, library, laundry facilities with customer
showers/restrooms area and a customer convenience store. The third floor will house administrative office
space, a storage room, a conference room, housekeeping supply rooms, and restrooms. The third floor will
also allow access to an outdoor balcony, with awning. The project includes the demolition of the existing
dockmaster building and the construction of a new outdoor plaza of approx. 10,180 Sq.ft.The City is seeking
no less than LEED Silver Certification.
CIP has scheduled :a non -mandatory pre -bid conference and site visit -to follow directly afterwards,
which will be held at the following date, time and location:
Location: City of Miami City Hall— Commission Chambers
3300 Pan American: Drive, Miami, Florida 33133-5504
Date/Time: .June 18,2012 at 10:00 a.m.
Minimum Requirements: Prospective Bidder shall hold a current active certified license as a General
Contractor or Building Contractor from the State of Florida and must have a minimum of five (5) years
experience under its current business name, in the construction of similar projects including five (5) separate
project references as the Prime Contractor for Completed Projects of similar size, scope, and complexity,
within the past five (5) years. In addition, the five.(5) completed project references must be commercial or
institutional buildings of at least 10,000 sf. The Bidder must as of the Sid Due Date: (i) have at least one (1)
Project as the Prime Contractor that has been LEED certified; or ii) have on their staff a LEED Accredited
Professional who has successfully completed LEED certification for a recent project in a supervisory role.
Provide a one page resume with LEED project reference(s) that include contact information for the project
owner and design firm on the City's reference form and a copy of the LEED certification included with their
bid submittal. All Bidders shall identify in their bid a LEED Accredited Professional on their staff who must
prepare all construction LEED templates and compile any required calculations and supporting information.
This person must also provide LEED quality control on -site throughout project. Failure to meet this
requirement will result in the bid submittal being deemed non -responsive. The Bid documents/plans can only
be obtained by visiting the CIP
website: http://www.miamigov.com/Capitallmprovements/pages/ProcurementOoportunities/Default.asp on or
after June 4, 2012. It is the sole responsibility of all firms to ensure the receipt of any addendum and
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
it is recommended that -firms periodically check the CIP webpage for updates and the issuance of
addenda
All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in
duplicate originals, at the time, date, and place above, bids will be publicly opened plus one (1) copy in
digital form (on CD-ROM in pdf format). 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 Bidder. The City is not responsible for any delay, late, mislabeled or incorrectly
delivered Bids, no matter the cause.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF
SILENCE;" IN ACCORDANCE WITH ORDINANCE NO. 12271 CODIFIED AS CITY CODE -1S-74, MIAMI
CITY CODE
City Manager
Johnny Martinez, P.E. DP# 009122
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Section 1 — Instructions' for Submission
1. Intention of City
It is the intention of City to describe in this Invitation to Bid ("ITB") the Project(s) to be
completed in accordancewith all codes and regulations governing all the Work to be
performed under this Contract(s). Any work, labor, materials and/or equipment that may
reasonably be inferred from the Contract as being required to produce the intended results
shall be supplied by Contractor whether or not specifically called for in the Contract
Documents. Where words, which have 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, transportation, machinery,
tools means of transportation, supplies, equipment, materials, and services, and incidentals
necessary to perform the following Work at a rate of progress that will ensure completion of
the Work within the .stipulated Contract Time. Construction of a New .Dockmaster Facility of
approx. 11,296 Sq.Ft. (Gross Area) at Dinner Key Marina. The new facility is a three story
building to serve as the Dinner Key Marina and Harbormaster's (Mooring) administration
building. It is done in accordance to federal, State and local building Codes. The first floor
will support limited parking, a handicap accessible elevator, stairwell access, and storage
room. The second floor will house a customer lounge/computer access area, library,
laundry facilities and customer showers/restrooms area and a customer convenience store.
The third floor will house administrative office space, a storage room, a conference room,
housekeeping supply rooms, and restrooms. The third floor will also allow access to an
outdoor balcony, with awning. The project includes the demolition of the existing
dockmaster building and the construction of a new outdoor plaza of approx. 10,180 Sq.Ft.
The City is seeking no Tess than LEED Silver Certification.
'3. Location of Projects)
3400 Pan American Drive, Coconut Grove, Florida 33133.
4. Performance 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 City determines that the Contractor is not
meeting the minimum self -performance requirement during the performance of the Work,
then the Contractor shall be deemed in default of the Contract and the City reserves the
right to take any necessary and appropriate action permitted by law or by the Contract
Documents.
5: Examination of Contract Documents and Site
It is the responsibility of each Bidder, before submitting a response to this 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.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code) laws,
regulations, ordinances that may affect a Bidder's ability to perform the Work.
Study and carefully correlate Contractor's observations with the requirements of the
ITB.
The submission of a Bid in response to this solicitation shall constitute an incontrovertible
representation by Bidder that it will comply with the requirements of the Contract
Documents and that without exception, the response is premised upon performing and
furnishing Work required under the Contract Documents and that the Contract Documents
are sufficient in detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
6. Addendum
Only questions answered by written Addendum will be binding. Oral and other
interpretations or clarifications will be without legal binding effect and shall not be relied
upon in preparations of a Bid response. All questions about the meaning or intent of the
Contract. Documents are to be directed to the City's Capital Improvements Program (CIF) in
writing, to the attention of Cecelia Wilson at cwilson(c�miamioov.com.
Interpretations or clarifications considered necessary by CIP in response to such questions
will be issued by the City by means of Addendum posted on the CIP webpage. Written
.questions should be received no Tess than ten (10) calendar days .prior to -the date
.Bids are due. There shall be no obligation on the part of CIP to respond to questions
received less than ten (10) calendar days prior to Bid opening.
7. Bid Submission
All Bids must be received by the City of Miami, City Clerk's office located at City Hall, First
Floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and date specified for
bid opening, enclosed in a sealed envelope, legibly marked on the outside:
BID NO.: *11=12-032
BIDS FOR: NEW DINNER KEY MARINA DOCKMASTER BUILDING
•B-60464
Bidders must submit two originals plus one (1) copy in digital -form (on CD-ROM in pdf
format). -Failure to submit -two originals may result in the rejection of the Bid as non-
responsive.
NOTE: This Bid requires the submission of City Form SU, which is available on the CIP
webpage, identified in the ITS. Failure to submit City Form SU with the Bid may result
in the. Bid being rejected as non -responsive.
8. Bid Guaranty
All Bids shall be accompanied by either an original Bid bond executed by a Surety meeting
the requirements of the City, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit drawn on a local( e.g. South Florida
) bank, cash or Bid Bond Voucher (for projects less than $200,000) issued to City of Miami
c/o the City of- Miami Purchasing Department, treasurer's check or bank draft of any
national or state bank (United States), in the amount of five percent 5% of the total Bid
amount, payable to City of Miami, Florida, and conditioned upon the successful Bidder
executing the Contract and providing the required Performance Bond and Payment Bond
and evidence of required insurance within fifteen (15) calendar days after notification of
award of the Contract. The time for execution of the Contract and provision of the
Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the
City's Capital Improvements Program at its sole discretion. Bid Securities of the
unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK OR
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
A COMPANY CHECK OF A BIDDER SHALL NOT BE :DEEMED A VALID BID
SECURITY. Security of the successful Bidder shall be forfeited to the City as liquidated
damages, not as a penalty, for the cost and expense incurred should said Bidder, who is
recommended for award, fail to timely execute the Contract, and provide the required
Performance Bond.
9. Preparation of Bid
The Bid Form contains one Project and the Bidder must provide a total stipulated lump sum
price to perform the. Work required for the Project.
All Bids must be made upon the blank City forms provided herein. The Bid must be signed
and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to
utilize the City's forms, or fully complete said forms will result in a determination that the Bid
is non -responsive.
A Bid will be considered non -responsive if it is conditioned on modifications, changes, or
revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, transportation, 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.
Joint venture firms must complete and submit with their Bid the form titled "Information for
Determining .Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement
between all joint -venture parties. This joint venture agreement must indicate their respective
roles, responsibilities and levels of participation for the Project. Failure to timely submit
Form A (the last page of the contract documents) along with an attached written copy ofthe
joint venture agreement may result in disqualification of the :Bid. All joint venture firms must
meet the requirements stipulated in the Florida Statutes.
10. Pre -Bid Conference/Site Visit
A non -mandatory pre -bid conference and site visit (which will -follow immediately
afterwards), will be held on June 18, .2012 at City of Miami — City Hall, Commission
Chambers. 3500 Pan American Drive. Miami. FI. 33133, at 10:00 a.m., to discuss this
solicitation. Attendees are requested to bring this Solicitation package to the conference.
Copies of the solicitation will not be available at the pre -bid conference.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of submissions and
will make a reasonable effort to give prospective Bidders at least five (5) calendar days
notice of any such postponement.
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior
to the due date.
12. 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 prior to award by
delivering written notice of withdrawal to the Capital Improvements Program prior to award
of the Contract by the City Commission. Once the City Commission makes the award, the
Bid cannot be withdrawn under this Section.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves the
right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete history
of all citations and/or violations, notices and dispositions thereof. The failure to submit 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 upon receipt of any notice
of any such citation or violation which Bidder may receive after the Submittal opening date
and during performance of the Work under this Contract.
14. Bid Award
The City will issue the award of the Contract to the lowest responsive and responsible
Bidder. The City may require demonstration of competency and, at its sole discretion,
conduct site visits, require the Bidder to furnish documentation and/or require the contractor
to attend a meeting to determine the Bidder's qualifications and ability to meet the terms
and conditions of this Contract. The City shall consider, but not be limited to, such factors
as financial capability, labor force, equipment, experience, knowledge of the trade work to
be performed, the quantity of Work being performed by the Contractor and past
performance on City projects.
In accordance with City Code Section 18-85(a), as amended, when a responsive,
responsible non -local bidder submits the lowest bid price, and the bid submitted by one or
more responsive, responsible local bidders who maintain a local office, as defined in City
Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local
bidder, then that non -local bidderand each of the aforementioned responsive, responsible
local bidders shall have the opportunity to submit a best and final bid equal to or lower than
the amount of the low bid previously submitted by the non -local bidder. Contract award
shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local
bidder, contract award shall be made to the local bidder.
A Post Office box or working from a private residence will not be considered as maintaining
a local office, unless the owner of the private residence possesses a City of Miami
Occupation Licenses for the business at the address of the private residence.
Where the solicitation contains multiple line items for separate projects or where the
solicitation requires a Bidder to submit detailed price information or multiple line item pricing
a Bid may be rejected as an unbalanced bid.
The Bidder must be able to demonstrate a good record of performance and have sufficient
financial resources to ensure that it can satisfactorily provide the goods and/or services
required herein.
The City, in its sole discretion, may determine a Bidder to be non -responsible where the
Bidder has failed to perform in accordance with any other contracts with the City, past or
current, or any other public entity or any other contract for construction services.
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, the Bidder may be declared non -responsive.
Any Bidder who has filed a lawsuit against the City or where the City has filed a lawsuit or
won a court judgment against a Bidder, such Bidder may be declared non -responsive.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
-15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief
Procurement Officer who shall have the authority, subject to the approval of the City
Manager and the City Attorney, to settle and resolve a protest with final approval by the City
Commission. Bidders are alerted to Section 18-104 of the City's Code describing the
protest procedures. Protests failing to meet the requirements for filing shall NOT be
accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to
file a protest. NO. EXCEPTIONS.
NOTE: Paragraphs 16. Local, -Small and Disadvantaged "Firm Participation,
17. First Source Hiring Agreements and 18. Local and 'Miinoritv/Woman
Participation 'Reporting in Contract Section 1 — Instructions for Submission are
hereby deleted :and shall have no force or effect with respect to this
'Project.
i) The 'New Paragraph 16. in Contract Section 1 — Instructions for Submission is
as follows:
16. Local Workforce Participation
a) Respondents must employ a minimum of fifteen percent (15%) of on -site
labor from persons residing within the municipal boundaries (e.g. city limits)
of the City. The City residency of the onsite labor component will be subject
to verification by the issuing department.
b) Five percent (5%) of the bid amount shall be retained by the City -for the
requirements until said requirements are fulfilled and verified within six (6)
months of Contract completion pursuant to Ordinance No. 13332. Failure to
comply with the Local Workforce requirements pursuant to Ordinance No.
13332 within six (6) months of Contract completion shall result in the
forfeiture of the retained amount to the City.
c) These requirements are applicable to the New Dinner Key Marina
Dockmaster Building project, B-60464.
d) The Contractor will be required .to.hold one (1) jobfair within the local .
community for projects with a bid amount between $1,000,000 and
$2,000,000.
e) The Contractor will be required to hold two (2) job fairs within the local
community for projects with a bid amount greater than $2,000,000.
f) 'The Contractor shall coordinate job fairs and hiring initiatives with South
Florida Workforce.
g) The Contractor shall retain the services of an independent third party to
verify and certify compliance with these requirements on a quarterly basis in
accordance with Ordinance No. 13332. Said third party shall be unaffiliated
with the respondent and be properly licensed under the provisions of F.S.
454, 471, 473, or 481. The person performing the verification shall have a
minimum of two (2) years of prior professional experience in contracts
compliance, auditing, personnel administration, or field experience in payroll,
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
enforcement, or investigative environment. The cost for this verification shall
be included in the related Contract costs.
ii. The New Paragraph 17. in Contract Section 1 — Instructions for Submission is
as follows:
17. Community. Small Business Enterprise ("CSBE")
a) Respondents must assign a minimum of fifteen percent (15%) of the
Contract value to a respondent or to a construction related enterprise currently
certified by Miami -Dade County as a Community Small Business Enterprise (CSBE)
as set forth in Sec. 10-33.01 and Sec. '10-33.02 of the Miami -Dade County Code.
b) Five percent (5%) of the bid amount shall be retained by the City for the
CSBE requirements until said requirements are fulfilled and verified within six (6)
months of Contract completion pursuant to Ordinance No. 13331. Failure to comply
with the CSBE requirements pursuant to Ordinance No. 13331 within six (6) months
of Contract completion shall result in the forfeiture of the retained amount to the
City. This five percent (5%) retainage is included within the ten percent (10%)
retainage normally withheld by the City.
c) Respondents who are deemed responsive and responsible to the
requirements of -the Invitation to Bid and subsequently awarded a Contract shall
retain the services of an independent third party to verify and certify compliance with
these requirements on a quarterly basis in accordance with Ordinance No. 13331.
Said third party shall be unaffiliated with the respondent and be properly licensed
under the provisions of 'F.S. 454, 471, 473, or 481. The 'person performing the
verification shall have a minimum of two (2) years of prior professional experience in
contracts compliance, auditing, personnel administration, or field experience in
payroll, enforcement, or investigativeenvironment. The cost for this verification shall
be included in the related contract costs.
d) These requirements are applicable to the New Dinner Key Marina
Dockmaster Building project, B-60464.
18. Cone of Silence
Pursuant to Section 18 74 of the City of Miami ("City Code") and City of Miami Ordinance
No. 1.2271, a "Cone of Silence" is imposed upon .this ITB after advertisement and
terminates at the time the City Manager issues a written recommendation to the Miami City
Commission. The Cone of Silence prohibits any verbal communications regarding this ITB.
Any communication concerning this ITB must be submitted 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
marcia anmiamioov.com.
This language is only an overview of the requirements of the Cone of Silence. Please
review Section 18-74 of the City 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.
19. Public Entity Crime
Any person,individual, corporation, entity, 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
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
contract to provide any goods or services to a public entity, may not submit a Response on
a contract with a public entity for the construction or repair of a public building or public,
works 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, sub contractor, 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 Vendor list.
.20. Fraud and Misrepresentation
Any person, individual, corporation, entity, or affiliate 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 in accordance with the applicable provisions of the City
Code. 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.
21. Collusion
Where two (2) or more related parties, as defined in this Article, 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, officers 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(s). ITB responses found to be collusive shall be rejected.
:22. 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.
The City shall not consider and will deem as non -responsible Bids submitted by Bidders
where the City. has determined that the Bidder is in monetary arrears to the City or
otherwise in debt or default to the City at the time and date Bids are due.
.23. 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. This determination will be at the discretion of the City and there
will be no recourse from such cancellation.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Section 2 — General Terms and Conditions
1. Definitions
Basis of :Design means a specific manufacturer's product that is named; including the
make or model number or other designation, establishing the significant qualities related to
type, function, dimension, in-service performance; physical properties, appearance, and
other characteristics for purposes of evaluating comparable products of other
manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the price,
authorized signature and all other information or documentation required by the Contract
Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized
representative.
Change Order means a written document ordering a change in the Contract Price or
Contract Time or a material change in the Work. A change order must comply with the
Contract Documents.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the
City exercises its regulatory authority as a governmental body, the exercise of such
regulatory authority and the enforcement of any rules, regulations, codes, laws and
ordinances shall be deemed to have occurred pursuant to City's authority as a
governmental body and shall not be attributable in any manner to the City as a party to this
Contract. For the purposes of this Contract, "City" without modification shall mean the City
Manager or Director, as applicable.
City Commission means the legislative body of the City.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Commissioning means the employing total building commissioning practices tailored to
the size and complexity of the building site, building and its system components in order to
verify performance of all components and systems and help ensure that design
requirements are met. This includes a designated commissioning authority a
commissioning plan, verification . of the installation and performance of systems to be
commissioned, and a commissioning report.
Completed Project(s) means a project -for which the applicable regulatory authority has
issued a Temporary Certificate of Occupancy or Completion, or a Final Certificate of
Occupancy or Completion.
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(s).
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.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
Consultant means 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(s) site(s) disturbed in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt of written
Notice to Cure from the City identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specifications included as part of
this Bid prepared by the Consultant for this Project(s) under a separate Agreement with the
City.
Director means the Director of the Capital Improvements Program or designee, who has
the authority and responsibility for managing the Project(s) 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 typically should not
involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Contractor has completed all the Work in accordance with the Agreement as
certified .by the Consultant and/or the City and submitted all documentation required by the
Contract Documents.
Guaranteed Maximum Cost means the sum established by these Contract Documents as
the maximum cost to the City of performing the specified Work on the basis of the cost of
labor and materials plus overhead expenses and profit.
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.
Integrated Design or IDP means the use of a collaborative, integrated planning and design
process consistent with ASTM E 2348, Standard Guide for Framework for a Consensus -
based Environmental Decision making Process that initiates and maintains an integrated
project team in all stages of a project's planning and delivery; establishes performance
goals for sitting, energy, water, materials, and indoor environmental quality along with other
comprehensive design goals; and, ensures incorporation of these goals throughout the
design and lifecycle of the building; and considers all stages of the building's lifecycle,
including deconstruction.
Materials mean goods or equipment incorporated in a Project(s), 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(s).
16
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Plans and/or.Drawings means the official graphic representations of a Project(s).
Project Or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the Contract Documents whether completed or
partially completed, and includes all other labor, materials, equipment and services
provided or to be provided by the Contractor to fulfill its obligations, including completion of
the construction in accordance with the Drawings and Specifications. The Work may
constitute the whole or a part of the Project(s).
Project Manager means the individual assigned by CIP to manage the Project(s).
Request For Information (RFI) means a request from the 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
loss for the City.
Specifications mean all of the definitions, instructions, descriptions, directions,
requirements, provisions and standards (and all, written supplements thereto) pertaining to
the methods, (or manner) of performing and actual performance of the Work, or quantities
and quality of accepted materials -to be furnished under the Contract Documents.
Sub Contractor means a person, firm or corporation having a direct contract with
Contractor including one who furnishes material worked to a special design according to the
Contract Documents, but does not include one who merely furnishes Materials not so
worked.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under
this solicitation.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or
operate the -facility in all respects to its intended purpose. Substantial Compliance shall not
be deemed to have occurred until any and all governmental entities, which regulate or have
jurisdiction over the Work, have inspected, and approved -the Work. Beneficial use or
occupancy shall not be the sole determining factor in determining whether Substantial
Completion has been achieved, unless a temporary certificate of occupancy has been
issued.
Work means the completed construction required by the Contract Documents, including all
labor necessary, to produce such construction and all materials, supplies and equipment
incorporated or to be incorporated in such construction.
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.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Project following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 72, 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 material
persons, Sub contractors, suppliers, and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project(s) site(s) for the full duration of the Project(s) to ensure
the timely completion of the Work.
3. Contract Term/Contract Price
The Contract shall commence upon issuance of the Notice of Award, which shall be issued
subsequent to the execution of the Contract by the City. The Contract shall terminate upon
notice by the City that the Contract has been closed -out after final completion or otherwise
terminated by the City pursuant to the terms and conditions herein set forth. The total bid
amount shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the
maximum cost of the work including labor, materials, equipment, overhead expenses and
profit. The City will not be liable for payment of any amount in excess of the GMC (unless
the City Commission has approved a project contingency or has approved a prior
amendment to the Contract, setting forth an additional amount due to Owner requested
changes or its equivalent).
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the Contract,
such must be addressed to the party for whom it is intended at the place last specified; and
the place for giving of notice shall remain such until it shall have been changed by written
notice in compliance with the provisions of this Article. Notice shall be deemed given on the
date received or within 3 days of mailing, if mailed through the United States Postal
Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice
shall be deemed given via courier/delivery service upon the initial delivery date by the
courier/delivery service. For the present, the parties designate the following as the
respective places for giving of notice:
For City of Miami:
Mr. Mark Spanioli P.E.
Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
Mr. Jeovanny Rodriguez, P.E.
Assistant Director
Capital Improvements Program
City of. Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
For Contractor:
(To Be Determined)
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
During the Work the Contractor shall maintain continuing communications with Consultant
and the Project Manager. The Contractor shall keep the City fully informed as to the
progress of the Project(s) at all times through ongoing communications with the Project
Manager.
5. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or provision
of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into the Contract Documents by reference and a term, statement, requirement,
the specifications and 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 and Change Orders to the Contract shall govern over the Contract
The Contract Documents shall govern over the Contract
Addendum to an ITB shall govern over an ITB
In the event of conflicts within the Contract Documents the priorities stated below shall
govern:
Scope of Work and Specifications shall govern over plans and drawings
Schedules, when identified as such shall govern over all other portions of the plans
Specific notes shall govern over all other notes, and all other portions of the plans,
unless specifically stated otherwise
Larger scale drawings shall govern over smaller scale drawings
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
•e
Contractor shall indemnify and hold harmless the City, its officials, officers, agents,
directors, and/or employees, from liabilities, damages, judgments Io co, .and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the,
recklessness or intentional wrongful misconduct of Contractor and persons employed or
utilized by Contractor in the performance of this Contract. The Contractor shall, further, hold
the City, it's officials and/or employees, harmless for, and defend the City, its officials,
and/or employees against, any civil actions, statutory or similar claims, injuries or damages
arising or resulting from the permitted work, even if it is alleged that the City, its officials
and/or employees were negligent. 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
19
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes,
as amended from timc to timc as applicable.
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.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and
sufficiency of which is acknowledged by the Contractor.
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 coverage's set forth herein. Applicable coverage's are
underlined.
7:1. Workers' Compensation insurance is to apply for all employees in
compliance with the Statutory "Workers' Compensation Lave' of the State of
Florida and all applicable federal laws. In addition, the policy(ies) must
include:
Waiver of subrogation
Statutory State of Florida
Limits of Liability
7_2. Employers' Liability with a limit of One '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) (Primary & Non Contributory) with
minimum limits of One Million Dollars ($1,000,000.00) each occurrence,
combined single limit for Bodily Injury Liability and Property Damage Liability,
with a general aggregate limit of Two Million .Dollars (S2,000,000.00).
Coverage must be afforded on a primary and non contributory basis and with
a coverage form no more restrictive than the latest edition of the
Comprehensive General Liabilitypolicy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
• Products and/or Completed Operations for contracts with an
Aggregate Limit of One Million Dollars ($1,000,000.00) per project.
Contractor shall maintain in force until at least three years after
completion of all Work required under the Contract, coverage for
-Products and Completed Operations, including Broad Form Property
Damage.
• Personal and Advertising Injury with an aggregate limit of One
Million Dollars ($1,000,000).
▪ CGL Required Endorsements
o Employees included as insured
20
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
o Contingent Liability/Independent Contractors Coverage
o Contractual Liability
o Waiver of Subrogation
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor.
City is to be expressly included as an Additional Insured pursuant to
endorsement number CG 2010 11/85 or its equivalence:
7.4. Business Automobile Liability with minimum limits of One Million .Dollars
($1,000,000.00) per occurrence combinedsingle limit for Bodily Injury 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:
6
set
•
Auto/AII Owned Autos/Scheduled.
Hired, Borrowed, and Non -Owned Vehicles.
Employers' Non -Ownership.
Employees included as insured
City of Miami as Additional Insured
7_5. Umbrella Policy
(Excess Following Form/True Excess Following Form/True Umbrella)
Bodily injury and property damage liability with limits of Three Million
Dollars ($3,000,000) each occurrence and an aggregate limit of
Three'Million:Dollars ($3,000,000).
.Excess coverage over the policies as follows:
Commercial General Liability
42 Business Automobile Liability
Employer's Liability
City of Miami is listed as an additional insured.
7.6 Builder'.s Risk
Causes of loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $10,000, all other Perils 5%
maximum on Wind and Flood, if applicable, City of Miami included as an
Additional insured. _
A. Limit/Value at Location or Site (100% of construction value)
B. Coverage Extensions:
• Materials, supplies and similar property owned by others for which you are
responsible.
Full coverage up to policy limits for equipment breakdown.
Temporary storage/transit coverage.
• Full coverage up to policy limits for site preparation, re -excavation, re -
preparation and re -grade in the event of a loss.
• Fences, scaffolding, construction forms coverage and signs
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
-• Valuable papers coverage for blueprints, site plans and similar documents.
•• Trees, shrubs, sod, plants while at premises.
Flood, including inundation, rain, seepage and water damage.
4. Earthquake
•• Business Interruption
Subsidence
New ordinance or law; reimbursement for any resulting Toss of value to the
undamaged portion, and required demolition expenses, including
construction necessary -to repair, rebuild or re -construct damaged parts.
Escalation clause in the event of a total loss up to 5% of policy limit.
Temporary structures, cribbing and false work built or erected at
construction site.
Unintentional errors and omissions in reporting clause
=• Full coverage up to policy limits for testing including physical loss caused
by pneumatic and hydrostatic testing.
Debris Removal.
'7.7 Owners & Contractor's Protective
Each Occurrence
General Aggregate
$1,000,000
$1,000,000
The above policies shall provide the City 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 the
City with at least thirty (30) days notice of cancellation and/or restriction.
Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract. and
state that such insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used in
all insurance documentation.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class V"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
The Risk Administrator or his/her authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations by providing a thirty (30) day written notice to the
Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor
shall comply with such requests unless the insurance coverage is not then readily available
in the national market. An additive or deductive change order will be issued to adjust the
contract value as necessary. For insurance bonding issues and decisions, the City shall act
through its Risk Administrator (unless otherwise stated).
7. Performance and Payment Bond
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New Dinner Key Marina Dockmaster Building Bid No.: 11=12-032
Where required by the Contract Documents, the Contractor shall within fifteen (15) calendar
days of being notified of award, furnish a Performance/Payment Bond ("Bond") 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 sub contractors employed
pursuant -to this Project(s). 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(s).
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as 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.
8. Qualification of Surety
Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars
($500,000_O0):
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 $2 million, provided, however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the surety company
based on the financial information available to the City. A surety company that is
rejected by the City may be substituted by the Bidder or proposer with a surety
company acceptable to the City, only if the bid amount does not increase. The following
sets forth, in general, the acceptable parameters for Bonds:
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Amount of Bond (U$)
Bonding Company Rating
Size 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 less, City may accept a Bid Bond, Performance Bond and
Payment Bond from a Surety which has twice the minimum surplus and capital required by
-the Florida insurance Code at the time the invitation to bid is issued, if the Surety is
otherwise in compliance with the provisions of the Florida Insurance Code, and if the
surety company holds a currently valid certificate of authority issued by the United States
Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States
Code, as may be amended from time to time. A Certificate and Affidavit so certifying
should be submitted with the Bid Bond and also with the Performance/Payment.Bond.
More stringent requirements of any grantor agency are set forth within the Bid. If there are
no more stringent requirements, the provisions of this section shall apply.
_9. General Requirements
The employee(s) of the Contractor shall be considered to be at all times its employee(s),
and not employee(s) or agent(s) of the City or any of its departments.
The Contractor agrees that the Contractor will at all times employ, maintain and assign to
the performance of a Project a sufficient number of competent and qualified professionals
and other personnel to meet the requirements of the Work to be performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
requested by the Project Manager, should the Project Manager make a determination that
said staffing is unacceptable or that any individual is not performing in a manner consistent
with the requirements for such a position.
The Contractor shall perform the work complete, in place, and ready for continuous service,
and shall include repairs, testing, permits, clean-up, replacements, and restoration required
as a result of damages caused during this construction.
The Contractor represents that- its personnel and Sub contractors 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. The Contractor shall at all times cooperate with the City, or the Consultant
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
and coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
The City, the Consultant and other agencies authorized by the City, shall have full access to
the Project(s) site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of the Contract. Documents.
All newly constructed work shall be carefully protected from injury in any way. No wheeling
or walking or placing of heavy loads on it shall be allowed and the Contractor at its own
expense shall reconstruct all portions damaged.
Contractor shall bear all losses incurred 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.
Contractor is to take necessary precautions and use caution when working in or around
overhead transmission lines and underground utilities.
Contractor is responsible to control dust and prevent it from becoming a public nuisance or
causing off -site damage. Contractor shall take all necessary and prudent measure to
control dust.
The apparent silence of the Contract Documents as to any detail, or the apparent omission
from them of a detailed description concerning any Work -to be done and materials to be
furnished, shall be regarded as meaning that only best practices are -to prevail and only
materials and workmanship of the best quality are -to be used in the performance of the
Work.
10. Method of Performing -the Work
The apparent silence of the Contract documents as to any detail, or -the apparent omission
from -them of a detailed description concerning any Work to be done and materials to be
furnished, shall be regarded as meaning that only the best general practice is to prevail and
that only material and workmanship of the best quality is to be used, and interpretation of
the Contract Documents shall be made upon that basis.
When measurements are affected by conditions already established or where items are to
be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all
such dimensions at the site and the actual job dimensions shall take precedence.
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(s) 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,
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
protection against damage shall be provided by the Contractor and any damaged curbing,
grass areas, sidewalks or other areas shall be repaired at the expense of -the Contractor to
the satisfaction of the Project Manager or Consultant.
The Contractor shall -furnish to the Project Manager and the Consultant a complete listing of
24-hour telephone numbers at which responsible representatives of the Contractor and all
of the Contractor's Sub contractor can be reached should the need arise at any time.
11. Work Staging and Phasing
The Work to be performed shall be done in such a manner so as not to interfere with the
normal City operations of the Project site or facility. The manner in which the Work is
performed shall be subject to the approval of the Project Manager or Consultant, whom if
necessary, shall have the authority to require changes in the manner in which the Work is
performed. There shall be no obstruction of City services without the prior written approval
of the Project Manager or Consultant. All requests for such interruption or obstruction must
be given in writing to the Project Manager or Consultant 24 hours in advance of the
interruption of City operations.
The Contractor shall familiarize itself with normal City operations where the Work is to be
performed so that it can conduct the Work in the best possible manner to the complete
satisfaction of the Project Manager and Consultant. .
A staging plan must be submitted to and approved by the Project Manager or the
Consultant prior to the start of construction and issuance of the Notice to Proceed. Such
staging plan shall be revised and resubmitted as necessary during construction.
-12. Site Investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of
the Work under the Contract Documents, the general and local conditions, particularly
those bearing upon availability of transportation, disposal, handling and storage of
materials, availability of labor, water, electric . power, and roads, the conformation and
conditions at the ground based on City provided reports, the type of equipment and facilities
needed preliminary to and during the performance of the Work and all other matters which
can in any way affect the Work or the cost thereof under the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical
reports the City may provide and inspection of the Project(s) site(s) as to the character,
quality, and quantity of surface and subsurface materials to be encountered from inspecting
the site and from evaluating information derived from exploratory work that may have been
done by the City or included in this Contract. Documents.
Contractor should examine the soil conditions at the Project site to determine if any special
shoring, sheeting, or other procedures necessary to protect adjacent property during
excavation of subsoil materials or during filling of any area(s), or for any operation that may
be required during the performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) will not relieve Contractor from
responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents. In the event that the actual subsurface conditions vary from the actual City
provided reports the Contractor shall notify the City and this Contract Documents amount
may be adjusted up or down depending on the conditions.
13. Contractor to Check Plans. Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of a
Contract Documents, and shall notify the Project Manager and the Consultant of all errors,
omissions and discrepancies found therein within three (3) calendar days of discovery.
Contractor will not be allowed to take advantage of any error, omission or discrepancy, as
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
full instructions will be furnished the Project Manager or by Consultant. Contractor shall not
be liable for damages resulting from errors, omissions or discrepancies in the Contract
Documents unless Contractor recognized such error, omission or discrepancy and
knowingly failed to report it to Project Manager or Consultant.
14. Contractor's .Responsibifityfor Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any
Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause
whatsoever.
Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a
condition similar or equal to that existing before construction. Where sod is to be removed,
it shall be carefully removed, and the same re -sodded, or the area where sod has been
removed shall be restored with new sod in the manner described in the applicable section.
Fences - Any fence, or part thereof, that is damaged or removed during the course of the
work shall be replaced or repaired by the Contractor, and shall be left in as good a condition
as before the starting of the work.
Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed
incident to the construction operation, the Contractor shall, after completion of the work,
replace or restore to the original condition all such destroyed or damaged landscaping and
improvements.
15. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in
the case of accidents, for first aid service to person who may be injured during the
Project(s) duration. The Contractor shall also comply with the OSHA requirements as
defined in the United States Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager and Consultant
every accident to persons or damage to property, and shall furnish in writing full
information, including testimony of witnesses regarding any and all accidents.
16. Safety Precautions
Contractor shall be solely responsible for initiating; maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
All employees on the Project(s) site(s) and other persons who may be affected
thereby;
All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project(s) site(s); and
• Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project(s) site(s)
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Project Manager.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders
of any public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss; and shall erect and maintain all necessary safeguards for such
safety and protection. Contractor shall notify owners of adjacent property and utilities when
prosecution of the Work may affect them. All damage, injury or loss to any property caused
directly or indirectly, in whole or in part, by. Contractor, any Sub contractor or anyone
directly or indirectly employed by any of them or anyone -for whose acts any of -them may be
liable, .shall be remedied by Contractor. Contractor's duties and responsibilities for the
safety and protection of the Work shall continue until such time as all the Work is completed
and Project Manager or Consultant has issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the
duration of a Project. If hazardous waste materials are used, detected or generated at any
time, the Project Manager must be immediately notified of each and every occurrence. The
Contractor shall comply with all codes, ordinances, rules, orders and other legal
requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade
County, State of Florida, and Florida Building Code), which bear on the performance of the
Work.
The Contractor shall -take the responsibility to ensure that all Work is performed using
adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing,
scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights,
and ladders that are necessary for the protection of its employees, as well as the public and
City employees. All riggings and scaffolding shall be constructed with good sound
materials, of adequate dimensions for their intended use, and substantially braced, tied or
secured to ensure absolute safety for those required -to use it, as well as those in the
vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders
and similar actions or equipment shall be OSHA approved, as applicable, and in
accordance with all federal state and local regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of
both vehicular and pedestrian -traffic. No open trenches or holes are to be left open during
nighttime or non -working hours without the prior written approval of the Project Manager.
If an emergency condition should develop during a Project, the Contractor must
immediately notify the Project Manager and Consultant of each and every occurrence. The
Contractor should also recommend any appropriate course(s) of action to the Project
Manager and the Consultant.
-17. Occupational Health and Safety
In compliance with Chapter 442. Florida Statutes, any toxic substance listed in Section 38F-
41.03 of the Florida Administrative Code delivered as a result of a Project must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including
the medical conditions which are generally recognized as being aggravated by
exposure to the substance; and
o The primary routes of entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the
substances, including appropriate emergency treatment in case of overexposure.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
18. .Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services
necessary for the proper execution and completion of the Work, whether, temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among its employees
and Sub contractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit
person or anyone not skilled in the Work to which they are assigned.
19. Rules. Regulations. and Licenses
The successful Contractor shall comply with all laws and regulations applicable to provision
of services specified in the Contract. Documents. The Contractor shall be familiar with all
federal, state and local laws that may in affect the goods and/or services offered.
20. Consultant Services
The City, at its sole discretion may hire a Consultant who shall serve as the City's
Representative for the Project(s) to be performed under the Contract Documents. The
Contract.. Documents will state that an City's representative has been contracted with for the
management of the Work under the Contract Documents and who will be the lead point of
contact, the Consultant or the Project Manager. Where a Consultant has been identified,
the Consultant and the Project Manager will have authority to act on behalf of the City to the
extent provided in the Contract Documents and as outlined in Article .25, Authority of the
Project Manager, of the General Terms and Conditions.
On the basis of the on -site observations, the Consultant will keep the Project Manager
informed of The progress of the Work. In the capacity of interpreter, the Consultant will
exercise the best efforts to ensure faithful performance by both the Project Manager and
the Contractor and will not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine the
date or dates of Substantial Completion and Final Acceptance and will receive and review
written warranties and related documents required by the Contract and the Contract
Documents. The Consultant will be responsible for receiving all documentation for review
and acceptance. Upon acceptance such documentation will be forwarded to the Project
Manager. The Project Manager in conjunction with the Consultant will approve Schedules
of Values, Project Schedules, Sub contractors and invoices.
The City may contract for additional consultant services, including but not limited to
construction examination and observation services. Such services are intended to be
additional services and are not intended to and shall not be construed to supplant or alter
the role and responsibilities of the Consultant.
In case of the termination of employment of the Consultant, the City may, at its sole
discretion, appoint another Consultant, whose status under the Contract shall be as that of
the former Consultant.
21. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract Documents. Project Management shall include,
but is not limited to: obtaining bids from Sub contractors and suppliers; coordinating the
29
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
securing of all permits; obtaining licenses and inspections; ensuring that Sub contractors
comply with all City requirements; performing the Work in accordance with the Contract
Documents to the satisfaction of the Project Manager; paying all Sub contractors; obtaining
release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or
Completion.
22. Superintendence and Supervision
The orders of the City are given through Consultant or Project Manager, which instructions
are to be strictly and promptly followed in every case. Contractor shall keep on the Project
during its progress, a full-time competent English speaking superintendent and any
necessary assistants, all satisfactory to Project -Manager or Consultant. The superintendent
shall not be changed except with the written consent of Project Manager or Consultant,
unless the superintendent proves to be unsatisfactory to Contractor and ceases to .be in its
employ. The superintendent shall represent Contractor and all directions given to the
superintendent shall be as binding as if given to Contractor and will be confirmed in writing
by Project Manager or Consultant upon the written request of Contractor. Contractor shall
give efficient supervision -to the Work, using its best skill and attention. The Project
Manager and the Consultant shall be provided telephone number(s) for the superintendent
where the superintendent can be contacted during normal working hours as well as after
hours for emergencies.
On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall
record, at a minimum, the following information in a bound log: the day; date; weather
conditions and how any weather condition affected progress of the Work; time of
commencement of Work for the day; the Work being performed; materials, labor, personnel,
equipment and Sub contractors at the Project(s) site(s); visitors to the Project site, including
representatives of the City, Consultant, regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of Work for the day. All
information shall be recorded in the daily log in indelible ink. The daily log shall be kept on
the Project(s) site(s) and shall be available at all times for inspection and copying by Project
Manager and Consultant.
The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or
as otherwise determined by the Project Manager, during the course of the Work to review
and agree upon the Work performed and outstanding issues. The Contractor shall publish,
keep, and distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the
Contract Documents and the physical conditions of the locality, or any errors, omissions, or
discrepancies in the Plans, it shall be Contractor's duty to immediately inform Project
Manager and Consultant in writing, and Project Manager or Consultant, will promptly
review the same. Any Work done after such discovery, until authorized, will be done at
Contractor's sole risk. .
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for
the means, methods, techniques, sequences and procedures of construction.
All Work, including trade Work shall be performed and supervised by properly licensed for
the Work being performed.
23. Sub Contractors
Contractor is solely responsible for all acts and omissions of its Sub contractors. Nothing in
the Contract Documents shall create any contractual relationship between any Sub
contractor and the City. Contractor is responsible. for the timely payment of its Sub
contractors and suppliers as required by Florida Stature. Failure to comply with these
payment requirements will place the Contractor in default of the Contract.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Contractor shall not employ any sub contractor against whom City and or Program Manager
may have a reasonable objection. Contractor shall not be required to employ any sub
contractor against whom Contractor has a reasonable objection.
Contractor shall utilize the Sub contractors identified in its Bid submission. The
replacement, addition, or deletion of any Sub contractor(s) shall be subject to the prior
written approval of the Project Manager. With the submission of its pay application the
Contractor must identify the number of personnel they and the Sub contractor(s) are using
who are working under H2B visas. Third tier subcontracting is only permitted with the prior
written approval of the Project Manager.
.24. Authority of the Project Manager
The Director hereby authorizes the Project Manager and the Consultant designated in the
Contract Documents to determine, all questions of any nature whatsoever arising out of,
under or in connection with, or in any way relating to or on account of the Work, and
questions as to the interpretation of the Work to be performed under this Contract
Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager
and/or Consultant and shall promptly respond to requests of the Project Manager and/or
Consultant, including the withdrawal or modification of any previous order, and regardless
of whether the Contractor agrees with the Project Manager's and/or Consultant's
determination or requests. Where requests are made orally, the Project Manage .and/or
Consultant will follow up in writing, as soon thereafter as is practicable.
The Project Manager and/or Consultant shall have authority to act on behalf of the City to
the extent provided by the Contract Documents, unless otherwise modified in writing by the
City. All instructions to the Contractor shall be issued in writing. All instructions to the
Contractor shall be issued through the Director, Project Manager or the Consultant.
The Project Manager and/or Consultant shall have access to the Project(s) Site(s) at all
times. The Contractor shall provide safe facilities for such access so the Project Manager
and Consultant may perform their functions under the Contract. The Project Manager and
Consultant will make periodic visits to the Work Site to become generally familiar with the
progress and quality of the Work, and to determine if the Work is proceeding in accordance
with the Contract Documents.
The Project Manager and Consultant will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and will not be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents.
The Project Manager and Consultant will have authority to reject Work that does not
'conform to the Contract Documents. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper completion of the Contract Documents the
Project Manager and Consultant will have authority to require special inspections or testing
of the Work, whether or not such Work is fabricated, installed or completed. Neither the
Project Manager's nor Consultant's authority to act under this paragraph, nor any decision
made by him in good faith either to exercise or not to exercise such authority, shall give rise
to any duty or responsibility of the Project Manager or Consultant to the Contractor, any sub
contractor, supplier or any of their agents, employees, or any other person performing any
of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents.
The Project Manager and Consultant will not be responsible for the acts or omissions of the
Contractor, any Sub contractor, or any of their agents or employees, or any other persons
performing any of the Work. �.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
.25. Inspection of Work
The Project Manager, Consultant, Inspectors, and other City representatives shall at all
times have access to the Work during normal work hours, and Contractor shall provide
proper facilities for such access and for inspecting, measuring and testing.
Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any
laws, ordinances, or any public authority require any of the Work to be specially tested or
approved, Contractor shall give Project Manager and Consultant timely notice of readiness
of the Work -for testing. If the testing or approval is to be made by an authority other than a
City of contracted firm, timely notice shall be given of the date fixed for such testing. Testing
shall be made promptly, and, where practicable, at the source of supply. If any of the Work
should be covered up without approval or consent of Project Manager or Consultant, it
must, if required by the Project Manager and/or Consultant, be uncovered for examination
and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals. The Contractor shall give the City and the Consultant timely
notice of when and where tests and inspections are to be made so that the City and
Consultant may be present for such procedures. All testing reports are to be sent directly to
the Project Manager by the testing firm, with a copy to the Contractor.
Re-examination of any of the Work may be ordered by the Project Manager and Consultant,
and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in
accordance with the Contract .Documents, City shall pay the cost of reexamination and
replacement by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the City or separate contractors caused by
the Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions
of the Contract Documents or to delay the Work by failure to inspect the materials and Work
with reasonable promptness without the written permission or instruction of Project
Manager and Consultant.
The payment of any compensation, whatever may be its .character or form, or the giving of
any gratuity or the granting of any favor by the Contractor to any Inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute
a breach of this Contract.
.26. Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible -for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
.27. Separate Contracts
Prior to the commencement of the Work the Project Manager will notify the Contractor of all
ongoing projects or projects scheduled to commence during the Work that may require
coordination. The Contractor shall be responsible for coordinating the Work with any other
project to minimize any potential adverse impact. Contractor shall not be entitled to any
days of delay for failure to properly coordinate the Work. The Consultant and the Project
Manager will assist the Contractor in coordinating the Work. However, the sole
responsibility for coordination rests with the Contractor.
If, any part of Contractor's Work depends for proper execution or results upon the work of
any other persons, Contractor shall inspect and promptly report to Project Manager and
Consultant any defects in such work that render it unsuitable for such proper execution and
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
results. Contractor's failure to so inspect and report shall constitute an acceptance of the
other person's work as fit and proper for the reception of Contractor's Work, except as to
defects which may develop in other contractors work after the execution of Contractor's
Work.
Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on any other contractor
on the site. Should such interference or impact occur, Contractor shall be liable to the
affected contractor for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work
already in place and shall at once report to Project Manager and Consultant any
discrepancy between the executed Work and the requirements of the Contract Documents.
.28. Lands of Work
City shall provide, as may be indicated in the Contract Documents, -the lands upon which
the Work is to be performed, rights -of -way and easements for access thereto and such
other lands as are designated by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any
additional land and access thereto that may be required for temporary construction
facilities, or for storage of •materials. Contractor shall furnish to City copies of written
permission obtained by Contractor from the owners of such facilities.
.29. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a
week schedule. Contractor shall ensure that the performance of the Work does not impact
any ongoing operations at Project(s) site(s), which also includes the delivery of any
materials and equipment. Access to and egress from the Project Site(s) shall be
coordinated with the Project Manager and the Consultant to minimize interference to
regular and emergency operations of the facility.
During progress of Work under this Contract, it may be necessaryfor other contractor's and
persons employed by the City to Work in or about the Project. The City reserves the right to
put such other contractors to work and to afford such access to the Project site of the Work
to be performed hereunder at such times as the City deems proper.
' If this Contract requires a portion of the Work to be tied into work done under another
Contractor(s), it will be necessary for Contractor to plan its Work and cooperate with other
contractors insofar as possible to prevent any interference and delay.
The Contractor is required to coordinate the Work with other contractors performing work at
the Project(s) site. The Contractor shall not impede or interfere with the work of other
contractors engaged in or about the Work and shall so arrange and conduct its Work that
such other contractors may complete their work at the earliest date possible.
30. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project(s) site(s) which differ materially from those shown in the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or unknown physical
conditions of the Project(s) site(s), of an unusual nature, which differ materially from that
ordinarily encountered and generally recognized as inherent in work of the character called
for in the Contract Documents, Contractor, without disturbing the conditions and before
performing any Work affected by such conditions, shall, within twenty-four (24) hours of
their discovery, notify the Project Manager and Consultant in writing of the existence of the
aforesaid conditions. Project Manager and the Consultant shall, within two (2) business
days after receipt of Contractor's written notice, investigate the site conditions identified by
Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do
33
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
materially so differ and cause an increase or decrease in Contractor's cost of, or the time
required for, the performance of any part of the Work, whether or not charged as a result of
the conditions, Project Manager or Consultant shall recommend an equitable adjustment to
the Contract Documents Price or Contract Documents Time, or both. If the Project Manager
and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the
adjustment shall be referred to the Director for determination. Should -the Director
determine that the conditions of the Project(s) site(s) are not so materially different to justify
a change in the terms of the Contract Documents, the Director shall so notify the Project
Manager, Consultant, and Contractor in writing, stating the reasons,and such
determination shall be final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this
.provision shall be allowed unless Contractor has given written notice in strict accordance
with the provisions of this Article. No request -for an equitable adjustment or change to the
Contract price or Contract Time for differing site conditions shall be allowed if made after
the date certified by Consultant or Project Manageras the date of substantial completion.
31. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work may shown on the
Drawings. Locations shown are taken from existing records and the best information
available from existing plans and utility investigations; however, it is expected that there
may be some discrepancies and omissions in the locations and quantities ,of utilities and
structures shown. Those shown are for the convenience of the Contractor only, and no
responsibility is assumed by either the City or its officials/employees; for their accuracy or
completeness. No request for additional compensation or contract time resulting from
encountering utilities not shown will be considered. The Contractor shall explore sufficiently
ahead of the Work to allow time for any necessary adjustments 'The Contractor must
coordinate all underground utility locations through "Sunshine State One Call of Florida,
Inc", who shall be contacted a minimum of 48 hours before the Contractor commences any
digging. In addition, the Contractor is responsible for removing all utility markings once the
work is completed. Final payment to the Contractor may withheld until the utility marks
are removed.
32. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway,
telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation
systems, the Contractor shall make all arrangements necessary for the protection of these
utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least 48 hours
in advance. Under no circumstance expose any utility without first obtaining permission
from the appropriate agency. Once permission has been granted, locate, expose, and
provide temporary support for all existing underground utilities and utility poles where
necessary.
The Contractor and his Sub contractors shall be solely and directly responsible to the owner
and operators of such properties for any damage, injury, expense, loss, inconvenience,
delay, suits, actions, or claims of any character brought because of any injuries or damage
which may result from the construction operations under the Contract Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for damages
as a result of the Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as
a result of accidental breakage due to construction operations, promptly notify the proper
authority. Cooperate with said authority in restoration of service as promptly as possible
34
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
and bear all costs of repair. In no event shall interruption of any utility service be allowed
unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor
may, by obtaining prior approval of the water utility, cut the service, dig through, andrestore
the service with similar and equal materials at the Contractor's expense and as approved
bythe Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's
expense, any and all other laterals, existing utilities or structures removed or damaged
during construction, unless otherwise provided for in the Contract Documents and as
approved by the Project Manager or Consultant.
Replace with material approved by the Project Manager or Consultant, at Contractor's
expense, any existing utilities damaged during the Work.
33. Interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While the
information has been compiled from the best available sources, its completeness and
accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field
verify all locations. Contractor shall coordinate with any affected companies, including
utility companies and take necessary precautions to prevent damage to existing structures
whether on the surface, above ground, or underground, including have the owner of the
interfering structures place temporary supports.
34. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager
and Consultant at the Contractor's expense. If existing structures are encountered that will
prevent construction as shown, the Contractor shall notify the Project Manager or
Consultant before continuing with the Work in order that the Project Manager or Consultant
may make such field revisions as necessary to avoid conflict with the existing structures.
Where the Contractor fails to notify the Project Manager or Consultant when an existing
structure is encountered, and proceeds with the Work despite this interference, the
Contractor does so at his own risk.
35. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project(s) site(s) and such
limitations will be identified by the Project Manager. In addition to ;such limitations, the
Project Manager may make storage available to the Contractor at his sole discretion based
on availability of space. The Contractor shall also coordinate and schedule deliveries so as
to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the City's
continuous operation. This is necessary, as the Project Site(s) may remain in operation
during the Work.
The Contractor shall:
o Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the
specified areas; conform to Project(s) site(s) rules and regulations affecting the
Work.
o Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas for
parking and/or storage of materials except as authorized by the Project
Manager..
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
o Assume all responsibility for its tools, equipment and materials, including any
materials purchasedfor the Work and not accepted by the City, and its vehicles
while performing Work for the City and/or while parked or stored at a City facility.
The City assumes no liability for damage or loss to the items specified in this
paragraph.
Access to parking and egress -from the Project(s) site(s) shall be subject to the approval of
the Project Manager.
.36. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents and
Contract/Documents. All Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. If
required by the Project Manager or Consultant, Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within the Contract Documents.
37. Material and Equipment Shipment. Handling, Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and
assemblies that are shipped unassembled shall be furnished with assembly plan and
instructions. The separate parts and assemblies shall be factory match -marked or tagged in
a manner to facilitate assembly. All assemblies are to be made by the Contractor at no
additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be
protected with an application of a strippable protective coating, or other approved protective
method.
Equipment shall be packaged or crated in a manner that will provide protection from
damage during shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its
contents by name and equipment number, if applicable; approximate weight; state any
special precautions for handling; and indicate the recommended requirements for storage
prior to installation.
Packaging and Delivery of Spare Parts and Special Toots
Properly mark to identify the associated equipment by name, equipment, and part number.
Parts shall be packaged in a manner for protection against damage from the elements
during shipping, handling, and storage. Ship in boxes that are marked to indicate the
contents. Delivery of spare parts and special tools shall be made prior to the time
associated equipment is scheduled for the initial test run.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Contractor shall request a 7-day advance notice of shipment from manufacturers, and,
upon receipt of such notice, provide the Engineer with a copy of the current delivery
information concerning equipment items and material items of critical importance to the
Project schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance -for the Contractor -supplied and City -supplied materials and
equipment shall be included in the prices Bid and no extra compensation will be allowed.
Inspection
Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall
inspect -for completeness and any evidence of damage during shipment. City supplied
equipment and material shall be inspected and inventoried together with City's Inspector.
Should there appear to be any shortage or damage, the Project Manager or Consultant
shall be immediately notified; and the Contractor shall be fully responsible for informing the
manufacturers and the transportation company of the extent of the shortage or damage. If
theitem or items require replacing or supplying missing parts, the Contractor shall take the
necessary measures to expedite the replacement or supply the missing parts.
Handling
Equipment -and materials received for installation on the Project(s) shall .be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent
damage.
Storage
Equipment and materials shall be stored prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in approved
storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored
in secure buildings. Items requiring environmental control for protection shall be provided
with the necessary environmentally controlled storage facilities at no cost to the City.
Insurance
The Contractor's insurance shall adequately cover the value of materials delivered but not
yet incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for inspection
and inventory control. The Contractor shall keep a running account of all materials in
storage to facilitate inspection and to estimate progress payments for materials delivered
but not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the City
The contractor shall provide the required or manufacturer's recommended maintenance
during storage, during the installation, and until such time as the City accepts the
equipment for full-time operation.
Salvaae Equipment
Any salvageable pipe, fittings, or other miscellaneous material or equipment removed
during construction and not reused in the Work shall be cleaned, hauled, and stored by the
Contractor at his own expense, where directed by the Project Manager or Consultant, and
shall remain the property of the City. All other material shall be disposed of by the
Contractor at his own expense.
38. Manufacturer's Instructions
The Contractor shall:
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by the Contract Documents, Contractor shall submit
manufacturer's printed instructions for delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract 'Documents
including the Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject
damaged and defective items.
Provide attachment and connection devices and methods for securing the Work; secure
Work true to line plumb and level, and within recognized industry standards; allow for
expansion and building movement; provide uniform joint width in exposed Work; arrange
joints in exposed Work to obtain the best visual effect and refer questionable visual effect
choices to the Consultant for final decision when applicable to the Work.
Recheck measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
Install each unit or section of Work during -favorable weather conditions, which shall ensure
the best possible results in coordination with the entire Project(s) and isolate each unit of
Work from incompatible Work as necessary to prevent potential interference among each
section and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize
the necessity of uncovering Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified representative
shall be present to observe field conditions, conditions of surface and installation, quality of
workmanship, and applications. Manufacturer's representative shall provide the Contractor
and the Project Manager or Consultant a written report of field observations.
39. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or
implied, shall be made available to the City for material and equipment covered by this
Contract Documents. All material and equipment furnished shall be fully guaranteed by the
Contractor against factory defects and workmanship. At no expense to the City, -the
Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may .supersede the
manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project(s).
40. Reference Standards
Reference to the standards of any technical society, organization or body shall be
construed to mean the latest standard adopted and published at the date the Invitation to
Bid was issued, even though reference may have been made to an earlier standard. Such
reference is hereby made a part of the Contract Documents the same as if herein repeated
in full and in the event of any conflict between any of these standards and those specified,
the most stringent shall govern unless otherwise stated.
41. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of
values, and any and all other Submittals to make sure they comply with the Contract
Documents prior to submission to the Project Manager and Consultant.
Contractor by approving and submitting any Submittals, represents that they have verified
the accuracy of the Submittals, and they have verified all of the Submittal information and
documentation with the requirements of the Contract Documents. At time of submission the
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Contractor shall advise the Project Manager and Consultant in writing of any deviations
from the Contract :Documents. Failure of the Contractor to advise the Project Manager or
Consultant of any deviations shall make the Contractor solely responsible for any costs
incurred to correct, add or modify any portion of the Work to comply with the Contract
Documents.
Each Submittal shall contain a title block containing the following information:
• Number and title of drawing, including Contract title and Number
Date of drawing and revisions
Name of Contractor and Sub contractor (if any) submitting drawings
Name of Project, Building or Facility, and Owner's Project number
Specification Section title and number
-• Contractor's Stamp of approval, signed by the Contractor or his checker
Space above the title block for Project Manager' or Consultant's action stamp
Submittal or.re-submittal number (whether first, second, third, etc.)
Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each
sample label to certify compliance with the requirements of the Contract Documents.
Submittals submitted without the stamp and signature shall be rejected and it will be
considered that the Contractor has not complied with the requirements of the Contract
Documents. Contractor shall bear the risk of any delays that may occur as a result of such
rejection.
City shall not be liablefor any materials, fabrication of products or Work commenced that
requires submittals until the Project Manager and/or Consultant has returned approved
submittals to the Contractor.
Contractor shall submit six (6) originals of each Submittal to the City. The City will return
three marked/reviewed sets to the Contractor. A Contractor's letter of transmittal cover
sheet must be attached -to all Submittals' packages being .transmitted to the City and
Consultant. The Contractor's letters of transmittal shall properly list and identify all Submittal
packages with number and description of each Submittal within the letter of transmittal.
When catalogs, product data, diagrams or. charts are submitted with more than one type of
product manufactured, clearly identify the particular item being submitted, including options
that are intended for use in that particular work or portion of work.
Contractor shall note in submittals/shop drawings to make references to Drawings,
drawings details, Specifications Sections, or any of the Contract Documents, as necessary
for clarity.
Project Manager and/or Consultant shall make every effort to review Submittals within
fourteen (14) calendar days from the dateof receipt by the Project Manager and/or
Consultant. Project Manager and/or Consultant's review shall only be for conformance with
design concepts and the information provided in the Contract Documents. The approval of
a separate item shall not constitute approval of an assemblyin which the item functions.
The Project Manager and/or Consultant shall return the reviewed Submittal to the
Contractor for their use and distribution.
Acceptance of any submittal by the City or Consultant shall not relieve the Contractor of any
responsibility for any deviations from the requirements of the Contract Documents unless
the Contractor has given written notice to the Project Manager and/or Consultant of the
specific deviations and the Consultant has issued written approval of such deviations.
By approving and submitting. shop drawings, product data and samples, the Contractor
represents that all materials, field measurements and field construction criteria related
thereto have been verified, checked and coordinated with the requirements of the Work and
have been verified, checked and coordinated with this Contract Documents.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Contractor shall be responsible for the distribution of all shop drawings, copies of product
data and samples, which bear the Project Manager's or Consultant's stamp of approval.
Distribution shall include, but not limited to; job site file, record documents file, Sub
contractor, suppliers, and other affected parties or entities that require the information.
The Contractor shall also provide copies of all plans approved and permitted by 'the
required governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all
submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor
warrants the adequacy for the purpose intended of any shop drawings or portion of a
Submittal that alters, modifies or adds to the requirements of the Contract Documents.
Nothing in the Project Manager's or Consultant's review of Submittals shall be construed as
authorizing additional work or increased cost to the City.
42. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. The
purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of
manufacture, installation requirements, details of the item, and evidence of its compliance
or noncompliance with this Contract Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to
Project Manager or Consultant a complete list and submittal log of items for which Shop
Drawings are to be submitted and shall identify the critical items and all submittal dates.
Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor
from submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to expedite
final approval of Shop Drawings.
After the approval of the list of items required in above, Contractor shall promptly request
Shop Drawings from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the Shop Drawings and each and every copy
shall show its approval thereon. Contractor shall submit three (3) sets of shop drawings.
Some shop drawings as either denoted in the Contract .Documents or by the Florida
Building Code (Code) or Florida Statute, such as structural drawings, require that they be
prepared .by .a licensed engineer. It is the sole responsibility of the Contractor to ensure
that the Shop Drawings meet all Code requirements.
If the Shop .Drawings show or indicate departures from the Contract Documents, Contractor
shall make specific mention thereof in its letter of transmittal. Failure to point out such
departures shall not relieve Contractor from its responsibility to comply with the Contract
and Documents.
Project Manager or Consultant shall review and accept or reject with comments, Shop
Drawings within fourteen (14) calendar days from the date received. Project Manager's or
Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and
construction of the Work, nor for the furnishing of materials or Work required by the
Contract Documents and not indicated on the Shop Drawings. No Work called for by Shop
Drawings shall be performed until said Shop Drawings have been approved by Project
Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for
errors or omissions.of any sort on the Shop Drawings. .
No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate the design. It
is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting
and/or interdependent items, check them and then make one submittal to Project Manager
40
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
and/or Consultant along with its comments as to compliance, noncompliance, or -features
requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear,
thoroughly detailed and shall have listed on it all Contract Documents references, drawing
number(s), specification section number(s) and the shop drawing numbers of related work.
Shop drawings must be complete in every detail, including location of the Work. Materials,
gauges, methods of fastening and spacing of fastenings, connections with other work,
cutting, fitting, drilling and any and all other necessary information per standard trade
practices or as required -for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the Project Manager and/or Consultant are
entitled to rely upon the accuracy and completeness of such calculations and certifications
submitted by the Contractor. Calculations, when required, shall be submitted in a neat
clear and easy format to follow.
Contractor .shall keep one set of Shop Drawings marked with Project -Manager's and/or
Consultant's approval at the job site at all times.
43. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating
and maintenance manuals. .Each copy must be marked to identify applicable products,
models, options and other data. Contractor shall supplement manufacturer's standard data
to provide information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify
pertinent products, with references to the specifications and the Contract .Documents.
Identify reference standards, performance characteristics and capacities, wiring and piping
diagrams and controls, component parts, finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information and operating and
maintenance manuals at 50% completion of construction.
..44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s).
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one
permit set of the Contract Documents, including, but not limited to, all Drawings,
Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as
well as all written interpretations and clarifications issued by the Project Manager or
Consultant, in good order and annotated to show all changes made during construction.
The record documents shall be continuously updated by Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Construction Change
Directives, and Field Directives as well as all written interpretations and clarifications, and
all concealed and buried installations of piping, conduit and utility services. Contractor shall
certify the accuracy of the updated record .documents. As a condition precedent to City's
obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the
Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously
update the record documents. All buried items, outside the Project(s) site(s), shall be
accurately located on the record documents as to depth and in relationship to not less than
41 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
two (2) permanent features (e.g. interior or exterior wall -faces). The record documents shall
be clean and all changes, corrections and dimensions shall be given in a neat and legible
manner in red. -The record documents shall be available to the City and the Consultant for
reference. Upon completion of the Work and as a condition precedent to Contractor's
entitlement to final payment, the record documents shall be delivered to the Project
Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in
both hard copy and as electronic plot files.
46. Supplemental"Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental Instructions involve
no change in the Contract Documents Price or this Contract Documents Time.
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings or
additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of
the Contract Documents, the written portion shall govern.
.47. Contractor Furnished -Drawings
The Contract Documents may require the Contractor to furnish design, shop and/or as -built
drawings depending on the nature and scope of the Work to be performed. The following
applies to the different types of drawings.
The Project Manager and/or Consultant shall, after review of the drawings, initial and mark
the drawings in one of the following manners:
-1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work
can proceed subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are
recommended. Submittal must be revised and resubmitted for acceptance prior
to Work proceeding.
4 REJECTED - Not in accordance with the Contract and/or Contract .Documents
due to excessive changes or corrections or other justifiable reason. Drawings
must be corrected and resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by the
Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
48. Substitutions
Substitutions will only be considered after the award of the Contract. Whenever materials
or equipment are specified or described in the Contract Documents by using the name of a
proprietary item or the name of a particular supplier, the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Project Manager if sufficient information is submitted by Contractor to allow
City and Consultant to determine that the material or equipment proposed is equivalent or
equal to that named. Requests for review of substitute items of material and equipment will
not be accepted by City and Consultant from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment; Contractor
shall have a maximum of two (2) re -submittals for any substitution or approved equal to be
reviewed by the City of Miami Project Manager and/or Architect or Engineer of Record.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Contractor shall comply with the original contract documents and specifications after the
two (2) re -submittals have been deemed "non -compliant with the contract documents.
Contractor shall make application to the Consultant for acceptance thereof, certifying that
the proposed substitute shall perform adequately the functions and achieve the results
called for by the general design, be similar and of equal substance to that specified and be
suited to the same use as that specified. The application shall state that the evaluation and
acceptance of the proposed substitute will not prejudice Contractor's achievement of
Substantial Completion on time, whether or not acceptance of the substitute for use in the
Work will require a change in any of the Contract. Documents to adapt '.the design to the
proposed substitute and whether or not incorporation or use by the substitute in connection
with 'the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available
maintenance, repair and replacement service shall be indicated. The application also shall
contain an itemized estimate of all costs that will result directly or indirectly fromacceptance
of such substitute, including costs for redesign and claims of other contractors affected by
the resulting change, all of which shall be considered by the Project Manager and the
Consultant in evaluating the proposed substitute. The Project Manager or Consultant may
require the Contractor to furnish at Contractor's expense additional data about 'the
proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by Contract Documents, Contractor may furnish or utilize a substitute means,
method, technique, sequence or procedure of construction acceptable to the Consultant, if
the Contractor submits sufficient information to allow the Consultant to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents.
The procedures for submission to and review by the Consultant shall be the same as those
provided herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed
substitute. The Consultant and the City shall be the sole judges of the acceptability of any
substitute. No substitute shall be ordered, installed or utilized without the City's and the
Consultant's prior written acceptance which shall be evidencedby either a Change Order or
an approved submittal. The City and the Consultant may require the Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any
substitute. If the City and the Consultant rejects the proposed substitute, at their discretion,
the City may require the Contractor to reimburse the City for the charges of the Consultant
for evaluating the proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions
and any required design of such are in full compliance with and meet all the requirements of
the Contract Documents.
49. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole
responsibility of the Contractor to bring to the immediate attention of the Project Manager
and the Consultant any discrepancies between the drawings and existing conditions,
excluding hidden or unforeseen conditions, discovered prior to commencing and during the
Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings
prior to commencing the Work, and shall be responsible for any errors or revisions of the
Work, which might have been avoided by notifying the City prior to commencement. This
shall also apply to any revisions or omissions identified by the Contractor. The Contractor
shall submit all requests for information entitled Request for Information (RFI). The City
shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their
failure to identify any required revisions, omissions and/or errors, not identified in writing to
the Project Manager or Consultant prior to commencing the Work.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
50. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and
should be used together and not separately. During the performance of the Project(s),
should any errors, omissions, conflicts, ambiguities or discrepancies be found in the
drawings and/or specifications, the Project Manager or the Consultant will clarify in writing
the intent of the drawings and/or specifications and the Contractor agrees -to abide by the
Project Manager's or Consultants interpretation and perform the Work in accordance with
the decision of the Project Manager or the Consultant. In such event, the Contractor will be
held to have included in its Contract Price -the best materials suitable -for the purpose and/or
methods of construction.
The drawings are to be addressed as a complete set and should not be used in parts.
Contractor is responsible to coordinate the set of drawings with all trades to ensure that the
Work will be performed correctly and coordinated among the trades. Contractor shall not
scale the drawings.
51 Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in
the Contract Documents. All costs for testing performed by the Contractor shall be at the
Contractor's expense. All reports are to be sent directly to the City's Project Manager with
a copy to the Contractor. The City may, in its sole and absolute discretion, test materials
and products at its own cost. However, should such materials or products fail to pass' the
test and/or meet the requirements of the Contract Documents, the Contractor shall
reimburse the City for the cost of such tests and repair or replace said materials or
products. In such instances the City may deduct such cost from any payments pending to
the Contractor. The City may require that the Contractor provide the name and qualification
of the company(ies) providing the testing services, inclusive of the testing laboratory(ies).
The City, in its sole discretion, may accept or reject the use of any company or laboratory
that it determines does not possess the required licenses or expertise to perform their
portion of the Work.
52. 'Field Directives
The Project Manager or Consultant may at times issue field directives to the Contractor
based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and
the Contractor shall be required to comply with the directive. Where the Contractor
believes that the directive is outside the scope of the Work, the Contractor shall, within 48
hours, • notify the Project Manager or Consultant that the work is outside the scope of the
Work. At that time the Field Directive may be rescinded or the Contractor may be required
to submit a request for a change to the Contract. Where the Contractor is notified of the
City's position that the Work is within the scope and the Contractor disagrees, the
Contractor shall notify the Project Manager or Consultant that the Contractor reserves the
right to make a claim for the time and monies based on the Field .Directive. At no time shall
the Contractor refuse to comply with the directive. Failure to comply with the directive may
result in a determination that the Contractor is in default of the Contract.
53. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, City
reserves and shall have the right, from time to time to make such increases, decreases or
other changes in the character or quantity of the Work under the Contract Documents as
may be considered necessary or, desirable to complete fully and acceptably the proposed
construction of a Project in a satisfactory manner. Any extra or additional Work within the
scope of the Project(s) must be accomplished by means of appropriate Field Orders and
Supplemental Instructions or Change Orders.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by -the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.
54. Continuing -the Work
Contractor shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with City, including disputes or disagreements concerning a request for a
Change Order, a request for a change in the Contract price or Contract time for completion.
The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements.
55. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) which
are not properly the subject of Field Orders or Supplemental Instructions, including all
changes resulting in changes in the Contract Price, or the Contract Time, shall be
authorized only by Change Orders approved in advance and issued in accordance with the
provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the items
in question and make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to the Director as set forth in Article 88,
Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change
Order approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise the Project Manager, Consultant, and Director in writing within seven
(7) calendar days of Contractor's agreement or disagreement with the method, if any,
provided in the Change Order -for determining the proposed adjustment in the . Contract
Price or Contract Time. •
On approval of any Contract change increasing the Contract Price, Contractor shall ensure
that the performance bond and payment bond (if applicable) are increased so that each
reflects the total Contract Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
The City reserves the right to order changes which may result in additions to or reductions
from' the amount, type or value of the Work shown in the Contract and which are within the
general scope of the Contract Documents. Any such changes will be known as Extra Work.
No Extra Work shall be performed except pursuant to written orders of the Project Manager
or Consultant expressly and unmistakably indicating his/her intention to treat the Work
described therein as Extra Work. In the absence of such an order, the Project Manager or
Consultant may direct, order or require the Contractor to perform any Work including that
which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply
and shall promptly and in no event after, begin the performance thereof or incur cost -
attributable thereto and give written notice to the Project Manager stating why he deems
such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes
of (1) affording an opportunity to the Project Manager to cancel such order, direction or
requirements promptly; (2) affording an opportunity to the Project Manager to keep an
accurate record of materials, labor and other items involved; and (3) affording an
opportunity to the City to take such action as it may deem advisable in light of such
disputed Work.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
56. Change 'Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
representing the reasonable cost or the reasonable financial savings- related to -the change
in Work. :Extra Work may also result in an equitable adjustment in the Contract schedule
for.performance for both the Extra Work and any other Work affected by -the Extra Work.
The City shall initiate -the Extra Work procedure by a notice to Contractor outlining the
proposed Extra . Work. Upon receipt of the notice to proceed with the Extra Work, the
Contractor is required to immediately start the Extra Work. The Contractor is required to
obtain permission for an extension to start the Extra Work if it is beyond the Contractor's
ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal
Request, using City Forms CPR Parts A-C (available on the CIP webpage), which shall
include requested revisions to the Contract, including but not limited to adjustments in this
Contract Price and Contract Time. The Contractor is required to provide sufficient data in
support of, the costproposal demonstrating its reasonableness. In furtherance of this
obligation, the City may require that the Contractor submit any or all of the following: a cost
breakdown of material costs, labor costs, labor rates by -trade, and Work classification and
overhead rates in support of Contractor's Change Proposal Request. *The Contractor's
Change Proposal Request must include any schedule revisions and an explanation of the
cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to
notify the Project Manager or Consultant of the schedule changes associated with the Extra
Work, it will be deemed to be an acknowledgment by Contractor that the proposed .Extra
Work will not have any scheduling consequences. The Contractor agrees the Change
Proposal Request will in no event include a combined profit and overhead rate in excess of
ten (10%) percent of the direct labor and material costs, unless the Project Manager
determines that the cornplexity and risk of the Extra Work is such that an additional factor is
appropriate. The Change Proposal Request may be accepted or modified by negotiations
between the Contractor and the City. If an agreement on the .Extra Work is reached, both
parties shall execute the :Extra Work order in writing via a Change Order. The execution by
the Contractor of the Change Order shall serve as a release of the City from all claims and
liability to the Contractor relating to, or in connection with, the Extra Work, including any
impact, and any prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a change order that affects the Contract Time the Contractor shall, within
five (5) business days submit a revised -Project schedule reflecting the changes against the
baseline schedule.
57. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or
modification, termination or discharge of the Contract or, in any form whatsoever,
shall be valid or enforceable unless it is in writing and signed by the parties
charged, therewith or their duly authorized representative.
58. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following ways:
• Where the Work involved is covered by unit prices contained in the Contract, by
application of unit prices to the quantities of items involved.
• By mutual acceptance of a lump sum which Contractor and Project Manager
acknowledge contains a component for overhead and profit.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
On the basis of the "cost of Work," determined as provided in this, plus a
Contractor's fee for overhead and profit which is determined as provided in .this
Article.
The term "cost of Work" means -the sum of all direct costs .necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. .Except as otherwise may be agreed to in writing by the Project
Manager, such costs shall be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following items and shall not include
any of the costs itemized in herein.
Payroll costs -for employees in the direct employ of Contractor in -the performance of the
Work described in the Change Proposal Request under schedules of job classifications
agreed upon by Project Manager and Contractor. Payroll costs for employees not
employed full time on the Work covered by the Change Proposal Request shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall include, but
not be limited to, salaries and wages plus the cost of fringe benefits which shall include
social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and
holiday pay application thereto. Such employees shall include superintendents and
foremen at the site. The expenses of performing the Work after regular working hours, on.
Sunday or legal holidays shall be included in the above to the extent authorized by City.
Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and manufacturers' -field services required in
connection therewith. All cash discounts shall accrue to Contractor unless City deposits
funds with Contractor with which to make payments, in which case the cash discounts shall
accrue to City. All trade discounts, rebates and refunds, and all retums from sale of surplus
materials and equipment shall accrue to City and Contractor shall make provisions so that
they may be obtained. Rentals of all construction equipment and machinery and the parts
thereof whether rented from Contractor or others in accordance with rental agreements
approved by City with the advice of Consultant and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in accordance with the terms of
said agreements. The rental of any such equipment, machinery or parts shall cease when
the use thereof is no longer necessary -for the Work.
If required by the City, Contractor shall obtain competitive bids for the Change Order Work.
Contractor and shall deliver such competitive bids to the City who will determine which bids
will be accepted. If the Sub contractor is to be paid on the basis of cost of the Work plus a
fee, the Sub contractor's cost of the Work shall be determined in the same manner as
Contractor's cost of the Work. All Sub contractors shall be subject to the other provisions of
the Contract Documents insofar as applicable.
The term "cost of the Work" shall include any of the following:
• Cost of special consultants, including, but not limited to, consultants, architects,
testing laboratories, and surveyors employed for services specifically related to
the performance of the Work described in the Change Order.
• Supplemental costs including the following:
• The proportion of necessary transportation, travel and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work
except for local travel to and from the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site and
hand tools not owned by the workmen, which are consumed in the performance
of the Work, and less market value of such items used but not consumed which
remains the property of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is
liable, imposed by any governmental authority.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Deposits lost for causes other than Contractor's negligence; royalty payments
and fees for permits and licenses.
The cost of utilities, fuel and sanitary facilities at the site.
-• Receipted minor expenses such as .telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in
connection with -the Work.
• Cost of premiums for additional bonds and insurance required because of
changes in the Work.
The term "cost of the Work" shall not include any of the following:
• Payroll costs and other compensation of Contractor's officers, executives,
principals (of partnership and sole proprietorships), general managers,
consultants, architects, estimators, lawyers, auditors, accountants, purchasing
and contracting agents, expediters, timekeepers, clerks and other personnel
employed by Contractor whether at the site or in its principal or a branch office
for general administration of the Work and not specifically included in -the
agreed -upon schedule of -job classifications., all of which are to be considered
administrative costs covered by Contractor's fee.
Expenses of Contractor's principal and branch offices other than Contractor's
office at the site.
Any part of Contractor's capital expenses, including interest on Contractor's
capital employed for the Work and charges against Contractor for delinquent
payments.
Cost of premiums for all Bonds and for all insurance whether or not Contractor is
required by the Contract Documents to purchase and maintain the same, except
for additional bonds and insurance required because of changes in the Work.
Costs due to the negligence or neglect of Contractor, any Sub contractors, or
anyone directly or indirectly employed by any of them or -for whose acts any of
them may be liable, including but not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind and the cost of any item
not specifically and expressly included in this Article.
Contractor's fee allowed to Contractor for overhead and profit shall be determined as
follows:
A mutually acceptable fixed fee or if none can be agreed upon,
A fee based on the following percentages of the various portions of the cost of
the Work:
• Where the Contractor self -performs the Work, Contractor's fee shall not exceed
ten percent (10%).
Where a sub -contractor performs the Work, Contractor's fee shall not exceed
seven and one half percent (7.5%); and if a subcontract is on the basis of cost of
the Work plus a fee, the maximum allowable to the Sub contractor as a fee for
overhead and profit shall not exceed ten percent (10%); and
• No fee shall be payable for special consultants or supplemental costs.
Contractor's overhead is considered to cover all indirect costs and shall also include the
costs of insurance and bonds.
The amount of credit to be allowed by Contractor to City for any such change which results
in a net decrease in cost will be the amount of the actual net decrease. When both
additions and credits are involved in any one change, the combined overhead and profit
shall be figured on the basis of the net increase, if any, however, Contractor shall not be
entitled to claim lost profits for any Work not performed.
111
•
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Whenever the cost of any Work is to .be determined pursuant to this Article, Contractor will
submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown
together with the supporting data.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an
initial cost estimate acceptable to the Project Manager or Consultant.
Breakdown shall list the quantities and unit prices for materials, labor, equipment
and other items of cost.
Whenever a change involves Contractor and one or more Sub contractors and
the change is an increase in the Contract Price, overhead and profit percentage
for Contractor and each Sub contractor shall be itemized separately.
Each Change Order must state within the body of the Change Proposal Request
whether it is based upon unit price, negotiated lump sum, or"cost of the Work."
59. Extra Work Directive
If the parties -fail to reach agreement with respect to the proposed Extra Work, or in case or
extenuating circumstances, the City may nevertheless issue a directive to the Contractor to
do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the
Contractor shall be obligated to proceed with the Work set forth in that directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to
the Article 88, Resolution of Disputes, by furnishing a written statement to the Project
Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such
Extra Work which the Contractor disputes. Such dispute must relate to specific matters
raised or specific matters reserved by the Contractor in its proposal and have not been
resolved prior to the issuance of the Extra Work Directive. The written statement must set
forth all details of the Contractor's claim including the manner that the disputed item was
specified in the Contractor's proposal. During the pendency of any dispute hereunder, the
Contractor must proceed with Work as set forth in the Extra Work Directive unless
otherwise advised by the Project Manager's written instructions. In the event there is a
dispute as to price, the Contractor will be paid in accordance with the following paragraph.
This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the
value of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually
satisfactory price shall be as follows:
■
No payment will be made to the Contractor for Extra Work in excess of "Actual and
Necessary Cost" which is to say time and materials plus a mark-up not to exceed
10%. This will not vary, whether the Extra Work is performed by the Contractor or
his sub contractor. Any exceptions must be approved by the Project Manager.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost
of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by
the Contractor as employer pursuant to bona fide collective bargaining labor agreements
applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii)
excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability
and property damage insurance or performance and payment bonds occasioned solely by
the Extra Work, (v) the actual and necessary operating expenses (except the expense of
supplies and small tools not operated by mechanical or electrical power), power for such
plant and a reasonable rental for the same (including small power tools), as determined by
the Project Manager; and (vi) any additional materials necessary for the performance of the
Extra Work.
In case any Work or materials shall be required to be done or furnished under the
provisions of this Article, the Contractor shall at the end of each day furnish to the City such
documentation as the City may require to support all the costs of the Extra Work. If
49
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Depths of various elements of foundation in relation to finish first floor datum.
All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical
locations of underground utilities and appurtenances, referenced to permanent
surface improvements. Actual installed pipe material, class, etc.
Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning
ducts with locations of dampers, access doors, fans and other items needing
periodic maintenance.
Field changes in dimensions and details.
Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
• Details not on original Contract Drawings.
Equipment, conduit, electrical panel locations.
Project Manager's or Consultant's schedule changes according to Contractor's
records and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
payments on account are desired as the Extra Work progresses, the Contractor shall
render an itemized statement showing the total amount expended for each class of labor
and for each kind .of material on account of each item of Work as a condition precedent to
the inclusion of such payment in a partial estimate. Upon the request of the City, -the
Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor
agreements, records or other documents, showing the actual cost for labor and materials.
Such documents shall not be binding on the City. The Project Manager shall determine any
questions or dispute as to the correct cost of such labor or materials or plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion of
-the Project Manager, it is impracticable to have performed by the Contractor's own
employees, the Contractor will, subject to the approval of the Project Manager, be paid the
actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover
the Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and
approval, disapproval, modification or revision by representatives of the City.
60. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager or Consultant and prepare As -Built
Record Drawings showing correctly and accurately all changes and deviations made during
construction to reflect the Work as it was actually constructed. It is the responsibility of the
Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the
City and certify in writing that the As -Built Drawings are correct and accurate, including the
actual location of all internal piping, electrical/signal conduits in or below the concrete floor.
Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site Work as follows:
.0
:•
Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping,
electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
The Project's as -built set of drawings shall. Include GPS coordinates (X, Y, and Z) for all
New Dinner Key Marina Dockmaster Building
50
Bid No.: 11-12-032
new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets,
manholes, etc.).
For construction of new building or building additions as -built drawings signed and sealed
by a Florida Licensed Professional Surveyor and Mapper (PSM).
61. Worker's Identification
The Contractor's employees, who include any Sub contractor, shall wear an identification
card provided by -the Contractor. The identification card shall bear the employee's picture,
name, title and name of the employer. Failure by a Contractor's employee to wear such
identification may result in his removal from the Work until such time as the identification
card is obtained and worn. Such removal shall not act as a basis for the Contractor to
submit a claim for an extension of'time.
62. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Sub -
Contractor engaged by the Contractor to provide and perform services or Work pursuant to
the requirements of the Contract Documents. The Contractor shall respond to the City
within seven (7) calendar days of receipt of such request with either the removal and
replacement of such personnel or written justification as to why that may not occur. The
City shall make the final determination as to the removal of unsatisfactory personnel from
Workassigned by City. The Contractor agrees that the removal of any of its
employees does not require the termination or demotion of employee(s).
63. Substantial Completion. Punch List. & Final Completion
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no
material and/or substantial variations from the Contract Documents and. the Work is fitfor
its intended purpose. Upon Substantial Completion, the Project Manager and the
Contractor shall sign the Substantial Completion Inspection Form. The signing of this form
shall not relieve the Contractor from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall
request in writing that the Project Manager or Consultant inspect the Work to determine if
Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Contractor has obtained a Certificate(s) of
Occupancy, Certificate of Completion or Use, or a Temporary Certificate of Occupancy or
any other approvals from agencies having jurisdiction over the Work. The Project Manager
or Consultant shall schedule the date and time for any inspection and notify the Contractor
and any other parties deemed necessary. During this inspection, the Project Substantial
Completion Inspection Form will be completed as necessary. Any remaining Construction
Work shall be identified on this form and shall be known as Punch List Work. The Punch
List shall be signed by the Project Manager' and/or Consultant, and the Contractor
confirming that the Punch List contains the item(s) necessary to complete the Work. The
failure or refusal of the Contractor to sign the Project Substantial Completion Inspection
Form or Punch List shall not relieve the Contractor from complying with the findings of the
Project Substantial Completion Inspection and completing the Project to the satisfaction of
the City
Where the Punch List is limited to minor omissions and defects, the Project Manager shall
indicate that the Work is substantially complete subject to completion of the Punch List.
Where the Project Manager or Consultant determines, on the appropriate form that the
Work isnot substantially complete, the Project Manager or Consultant shall provide a list of
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New Dinner Key Marina Dockmaster Building Bid No.: 11.-12-032
all open items necessary to achieve Substantial Completion. Upon completion of such
Work, the Contractor shall request another Substantial Completion inspection.
The Project Manager or Consultant, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included inrthe Punch.List.
Upon the'receipt of all documentation, resolution of any outstanding issues and issuance of
final payment, the Project Manager or Consultant shall notify the Contractor in writing of the
closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form which 'shall
establish the Date of Substantial Completion. Once substantial completion is achieved the
City shall be responsible for security, maintenance, heat, utilities, damage to the Project
site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of
the Contract. Documents for Final Completion. The failure to include any items of corrective
Work on such list does not alter the responsibility of Contractor to complete all of the Work
in accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of -Final Acceptance completion of the Work or
designated.portion thereof unless otherwise provided in the Contract Documents.
64. Acceptance and -Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make
an inspection thereof. if Project Manager and/or Consultant find the Work acceptable, the
requisite documents have been submitted and the requirements of the Contract Documents
fully satisfied, and all conditions of the permits and regulatory agencies have been met, a
Final Certificate for Payment shall be issued by Project Manager, stating that the
requirements of the Contract Documents have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project
Manager or Consultant a final release of all liens arising out of the Contract Documents,
receipts in full in lieu thereof; an affidavit certifying that all suppliers and Sub contractors
have been paid in full and that all other indebtedness connected with the Work has been
paid, and a consent of the surety to final payment; the final corrected as -built drawings;
operations and maintenance data, and the final bill of materials, if required, and payment
application. Contractor shall deliver the written - Contractor's warranty and all
Manufacturers' warranties prior to issuance of the Final Certificate for Payment.
Prior to approval of final payment the Project Manager shall provide written confirmation to
the Contractor that any and all training required by the Contract Documents has been
provided to the satisfaction of the Project Manager.
If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and Project Manager or Consultant so certifies, City
shall, upon such certification of Consultant, and without terminating the Contract
Documents, make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor,
except those previously made in strict accordance with the provisions of the Contract and
identified by Contractor as unsettled at the time of the application for final payment.
65. NDPES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National
Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting,
Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for
NPDES and SWPPP shall be included in the Bid prices. For further information on
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New Dinner Key Marina Dockmaster Building Bid No.: 1 1-12-032
compliance requirements for NPDES and SWPPP contact the City of Miami Public Works
Department at (305) .416-1.200 or visit the State of Florida website at
htto://www.dep.state.fi.us/water/stormwater/npdes/. Contractor is responsiblefor obtaining,
completing and paying for any 'required NPDES applicationor permits that may.be required.
66. Force`Maieure
Should any -failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, the City may allow an extension of
time reasonably commensurate with the cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under the Contract Documents due
to a force majeure condition, the Contractor shall request a time extension from the City
within two (2) working days of said force majeure occurrence. Any time extension shall be
subject to mutual agreement and shall not be cause for any claim by the Contractor for
extra compensation unless additional services are required. Do Not Include inclement
weather except as permitted by Florida law and may not include the acts or omissions of
Sub -contractors.
67. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the
purpose of this article.
If the Contractor is delayed at any time during the progress of the Work beyond the
Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a
Force Majeure, then the Contract Time set forth in the Contract shall be extended by the
City subject to the following conditions:
•• The cause of the delay arises after issuance of the NTP and could not have
been anticipated by the Contractor by reasonable investigation before
proceeding with -the Work;
The Contractor demonstrates that the completion of the Work will be actually
and necessarily delayed;
The effect of such cause cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts and measures whether before or after the
occurrence of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an
Excusable Delay.
The City shall only consider weather related delays where adverse weather directly impacts
the critical path of the Project Schedule. However, the City will also factor in other factor in
considering an extension of time, including the length of the weather delay, and the adverse
weather conditions as they relate to -typical weather patterns during the period the Work is
being performed.
The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the
Contractor in support of a request for an extension of time was erroneous; provided
however, that such information or facts, if known, would have resulted in a denial of the
request for an Excusable Delay. Notwithstanding the above, the Project Manager will not
rescind or shorten any extension previously granted if the Contractor acted in reliance upon
the granting of such extension and such extension was based on information which,
although later found to have been erroneous, was submitted in good faith by the Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days after the
time when the Contractor knows or should have known of any cause for which it may claim
an extension of time and shall provide any actual or potential basis for an extension of time,
identifying such causes and describing, as fully as practicable at that time, the nature and
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
expected duration of the delay and its effect on the completion of that part of the Work
identified in the request. The Project Manager may require the Contractor -to furnish such
additional information or documentation, as the Project 'Manager shall reasonably deem
necessary or helpful in considering -the requested extension.
The Contractor shall not be entitled to an extension of time unless the Contractor
affirmatively demonstrates that it is entitled -to such extension.
The Project Manager shall endeavor -to review and respond to -the Contractor's request for
Excusable Delays in a reasonable period of time; however, the Contractor shall be
obligated to continue to perform the Work required regardless of whether the Project
Manager has issued a decision or whether the Contractor agrees or disagrees with that
decision.
With regard to an injunction, strike or interference of publicorigin which may delay the
Project, the Contractor shall promptly give the Project Manager a copy of the injunction or
other orders and copies of the papers upon which the same shall have been granted. The
City shall be afforded the right to intervene and become a party -to any suit or proceeding in
which any such injunction shall be obtained and move to dissolve the same or otherwise, as
the City may deem proper.
The permitting of the Contractor to proceed with the Work subsequent to the date specified
in the Contract (as such date may have been extended by a change order), the making of
any payment to the Contractor, the issuance of any Change Order, shall not waiver the
City's rights under the Contract, including but not limited to the assessment of liquidated
damages or declaring Contractor in default.
68. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Contractor to the Project Manager and to Consultant within ten (10) business
days of the commencement of the event giving rise to the claim and stating the general
nature and cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent of the claim with
supporting information and documentation shall be provided unless the Project Manager or
Consultant allows an additional period of time to ascertain more accurate data in support of
the claim and such notice shall be accompanied by Contractor's written notarized statement
that the adjustment claimed is the entire adjustment to which the Contractor has reason to
believe it is entitled as a result of the occurrence of said event. All claims for changes in the
Contract Time or Contract Price shall be determined by the Project Manager or Consultant
in accordance with Article 71, Contractor's Damages for Delay hereof, if City and Contractor
cannot otherwise agree. It is expressly and specifically agreed that any and all claims for
changes to the Contract time or Contract price shall be waived if not submitted in strict
accordance with the requirements of this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items
due to delays beyond the control of and through no fault or negligence of Contractor if a
claim is made therefore as provided in this Article. Such delays shall include, but not be
limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor
disputes, epidemics, abnormal weather conditions or acts of God.
69. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes
mentioned in Article 72, Excusable, Delays, the Contractor shall not be entitled to a
separate extension for each one of the causes; only one period of extension shall be
granted for the delay.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
70. Contractor's Damages -for Delay
No claim -for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor shall
not be entitled -to an increase in the -Contract price or payment or compensation of any kind
from City for direct, indirect, consequential, impact or other costs, 'expenses or damages,
including but not limited to costs of acceleration orinefficiency, arising .because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by Contractor-for.,actual delays due solely to fraud, bad faith
or active interference on the part of City or its Consultant. Otherwise, Contractor shall be
entitled only to extensions of the Contract Time for completion of the Work as the sole and
exclusive remedy for such resulting delay, in accordance with and to the extent specifically
provided above.
Except as may be otherwise specifically provided for in the Contract Documents, the
Contractor agrees to make no claim .for damages for delay of any kind in the performance
of the Contract Documents whether occasioned by any act or omission of the City or any of
its representatives (whether it is an Excusable Delay or otherwise) and -the Contractor
agrees that any such claim shall be compensated solely by an extension of time to
complete performance of the Work. In this regard, the Contractor alone hereby specifically
assumes the risk of such delays, including without limitation: delays in processing or
approving shop drawings, samples or other submittals or the failure to render
determinations, approvals, replies, inspections or tests of the Work, in a timely manner.
Contractor shall not receive monetary compensation for City delay. 'Time extensions may
be authorized by the City in certain situations. Contractor agrees to this section by
submitting a bid response and shall have no recourse from this Section.
71. Excusable Delay. Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Sub
contractors, suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its
Sub contractors, suppliers or vendors and by the City or Consultant. Then Contractor shall
be entitled only to a time extension and no compensation for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is
delayed due to Excusable Delay. Contractor shall document its claim -for any time extension
as provided in Article 69, Notification of Claim, hereof.
Failure of Contractor to comply with Article 67, Notification of Claim hereof as to any
particular event of delay shall be deemed conclusively to constitute a waiver, abandonment
or relinquishment of any and all claims resulting from that particular event of delay.
7.2. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and
grades as required from the Project control points set by the City, and shall be solely
responsible for the accuracy thereof.
73. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work which
Project Manager or Consultant finds to be defective. If required by Project Manager or
Consultant, Contractor shall promptly either correct all defective Work or remove such
defective Work and replace it with non -defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing
laboratories and personnel.
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New Dinner Key Marina Dockrnaster Building Bid No.: 11-12-032
Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary. repairs in accordance with the requirements of the Contract Documents within
the time indicated in writing by Project Manager or Consultant, City shall have the authority
to cause the defective Work to be removed or corrected, or make such repairs as may be
necessary at Contractor's expense. Any expense incurred by City in making such
removals, corrections or repairs, shall be paid for out of any monies due or which may
become due to Contractor, or may be charged against the Performance Bond,. In the event
of failure of Contractor to make all necessary repairs promptly and fully, City may declare
Contractor in default.
If, within one (1) year after the date of Substantial Completion or such longer period of time
as may be prescribed by the terms of any applicable special warranty required by the
Contract Documents, or by any specific provision of the Contract, any of the Work is found
to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained herein
shall be construed to establish a period of limitation with respect to any other obligation
which Contractor might have under the Contract Documents including but not limited to any
claim regarding latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered, or obligate City to final acceptance.
74. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming
Work instead of requiring its removal and correction. In such instances, a Change Order
will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is
determined after final payment, any difference in the amount shall be paid to the City by the
Contractor.
75. Uncovering Finished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall
include the right to order the Contractor to uncover or take down portions of finished Work.
The Project Manager /or Consultant shall notify the Contractor in writing concerning all
uncovered finished Work. Should the Work prove to be in accordance with the Contract
Documents, the uncovering or taking down and the replacing and the restoration of the
parts removed will be treated as Extra Work for the purpose of computing additional
compensation and an extension of time. Should the Work examined prove unsatisfactory,
such uncovering, taking down, replacing and restoration shall be at the expense of the
Contractor. Such expenses shall also include repayment to the City for any and all
expenses or costs incurred by it, including employee salaries or related cost, in connection
with such uncovering, taking down, replacing and restoration at the Project site.
76. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or
Consultant as defective or as failing to conform to the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear all cost of correcting such rejected Work, including
the cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager or
Consultant of any Work not in accordance with the requirements of the Contract Documents
or any defects in the Work, the Contractor will commence and prosecute with due diligence
all Work necessary to fulfill the terms of the Contract and to complete the Work within a
reasonable period of time, as determined by the Project Manager or Consultant, and in the
event of failure to so comply, the Contractor does hereby authorize the City to proceed to
have such Work done at the Contractor's expense and that the Contractor will pay the cost
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys'
fees, necessarily incurred upon the Contractor's refusal to pay the above costs.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an
immediate hazard to the health or safety of personnel, property, or licensees, the City may
undertake, at the Contractor's expense, without prior notice, all Work necessary to correct
such hazardous condition when it was caused by Work of the Contractor not being in
accordance with the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer
period of time as may be prescribed by law, by the Contract Documents, or by the terms of
any applicable special warranty required by the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents, the Contractor
shall correct it promptly after receipt of a written notice from the City to do so. The City shall
give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and
the Work shall be corrected to comply with the Contract Documents without cost to the City.
77. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic
control necessary to perform the Work under the Contract Documents. The cost of
traffic control shall be included in the Contractor's Bid.
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its
published regulations, permits and data, shall be synonymous and interchangeable
with other recognized governing bodies over particular areas or streets, or their
departments, published regulations (Le., Manual of Uniform Traffic Control Devices
(MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or
data. The Contractor shall abide by all applicable . laws, regulations, and codes
thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic,
traffic control and other provisions as maybe required for this Project.
Maintenance of Traffic (MOT)
. The Contractor shall be fully responsible for the MOT on public streets, detour of
traffic (including furnishing and maintaining regulatory and informative signs along
the detour route), traffic control, and other provisions, throughout the Project, as
required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT
Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained
according to corresponding typical traffic control details as outlined in the previous
noted standards. No street shall be completely blocked, nor blocked more than
one-half at any time, keeping the other one-half open for traffic, without specific
approval.
If required by the Project Manager or Consultant, Traffic Division or FDOT or as
otherwise authorized by the Project Manager or Consultant, the Contractor shall
make arrangements for the employment of uniformed off -duty policemen to maintain
and regulate the flow of traffic through the work area. The number of men required
and the number of hours on duty necessary for the maintenance and regulation of
traffic flow shall be provided by the City of Miami Police Department.
The Contractor shall provide all barricades with warning lights, necessary arrow
boards and signs, to warn motorists of the Work throughout the Project. Adequate
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
approved devices shall be erected and maintained by the Contractor to detour
traffic.
-• Excavated or other material stored adjacent to or partially upon a roadway
pavement shall be adequately marked for traffic safety at all times. The Contractor
shall provide necessary access to all adjacent property during construction. '
The Contractor shall be responsible for the provision, installation and maintenance
of all MOT and safety devices, in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index
drawing book. In addition, the Contractor shall be responsible for providing the
Consultant with MOT plans for lane closures and/or detours for approval. These
plans (sketches) shall be produced, signed and sealed by a professional Engineer
registered in the State of Florida, employed by the Contractor and certified under
FDOT Procedure NPIL No. 625-010-010.
• Where excavations are to be made in the vicinity of signalized intersections,
attention is . directed to the fact that vehicle loop detectors may have been
embedded in the pavement. Verify these locations by inspecting the site of the Work
and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours
prior to any excavation. Any loop detector which is damaged, whether shown on the
Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade
County Signs and Signal Division (Phone No. 305-592-3470).
Where applicable, the Contractor shall notify the Traffic Division 24 hours in
advance of the construction date or 48 hours in advance of construction within any
signalized intersection.
Temporary pavement will be required over all cuts in pavement areas, and also
where traffic is to be routed over swale or median areas. When the temporary
pavement for routing traffic is no longer necessary, it shall be removed and the
swale or median areas restored to their previous condition.
Pavement markings damaged during construction shall be remarked, as required by
the Traffic Division.
Maintenance ofTraffic for Bypass Pumping
The. Contractor shall take appropriate steps to ensure .that all temporary pumps,
piping and hoses are protected from vehicular traffic and pedestrian traffic.
Lane Closures
• Where construction of the Project shall involve lane closures public streets, the
following shall apply:
Lane closures require a Lane Closure Permit, obtained two weeks prior to planned
construction, with a minimum 48-hour prior notice to local police and emergency
departments (some police jurisdictions may require considerably more notice). Lane
closures of a one day or less duration will generally not be approved for major
collector streets or for arterial streets during the hours of 7am to 9am and 4pm to
6pm weekdays.
78. Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the
plans. However, City does not guarantee that all lines are shown, or that the ones indicated
are in their true location. It shall be the Contractor's responsibility to field verify all
underground and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the Contractor because of discrepancies in actual
and plan location of utilities, and damages suffered as a result thereof.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
The Contractor shall notify each utility company involved at least fourteen (14) calendar
days prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or endangered by
the proposed construction. Relocation of water mains or other utilities for the convenience
of the Contractor shall be paid by the Contractor. All charges by utility companies for
temporary support of its utilities shall be paid for by the Contractor. All costs of permanent
utility relocation to avoid conflict shall be the responsibility of the utility company involved.
No additional payment will be made to the Contractor for utility relocations, whether or not
said relocation is necessary to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed by
the utility providers relocating or supporting their utilities. The Contractor shall coordinate its
activities with any and all public and private utility providers occupying the right-of-way. No
compensation will be paid to the Contractor for any loss of time or delay.
All overhead, surface or underground structures and utilities encountered are to be carefully
protected from injury or displacement. All damage to such structures is to be completely
repaired within a reasonable time; needless delay will not be tolerated. The City reserves
the right to remedy such damage by ordering outside parties to make such repairs at the
expense of the Contractor. All such repairs made by the Contractor are to be made to the
satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All
repairs are to be inspected by the utility owner prior to backfilling
79. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop.
all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period),
commencing no sooner than the date the order is delivered to the Contractor, and for any
further period to which the parties may agree. Any such order shall be specifically identified
as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90)
days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor,
or within any extension to which the parties have agreed the City shall either:
Cancel the Stop Work Order; or
Terminate the Work covered by such order as provided in Article 87,
Termination for Convenience.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to
the Contractor for such suspension other than extending the time for Substantial
Completion to the extent that, in the opinion of the Project Manger or Consultant, the
Contractor may have been delayed by such suspension. In the event the Project Manger or
Consultant determines that the suspension of Work was necessary due to Contractor's
defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other
reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an
extension of time as a result of the issuance of a Stop Work Order.
80. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions
necessary to secure the Project site in response to all threatened storm events, regardless
of whether the Project Manager or Consultant has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional
Contract time as non-compensable, excusable delay, and shall not give rise to a claim for
compensable delay.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
81 Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or
partially completed portions of the Project(s). Such possession and use shall not be
deemed an acceptance or beneficial use or occupancy of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases the cost
of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as determined by Project Manager or Consultant.
In the event City takes possession of any completed or partially completed portions of the
Project, the following shall occur:
■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to
City's intended occupancy of a designated area.
Contractor shall complete to the point of Substantial Completion the designated
area and request inspection and issuance of a Certificate of Substantial Completion
from Project Manager or Consultant.
Upon Project Manager or Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance, utilities, subsequent
damages of City and public, adjustment of insurance coverage's and start of
warranty for the occupied area.
Contractor shall complete all items noted on the Certificate of Substantial
Completion within the time specified by Project Manager or Consultant on the
Certificate of Substantial Completion, as specified in the Punch List and request
final inspection and final acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for final payment, Project
Manager or Consultant shall issue a Certificate of Final Payment relative to the
occupied area.
If City finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion thereof, such occupancy or use shall not commence prior to
a time mutually agreed upon by City and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of such partial
occupancy or use. Consent of Contractor• and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld.
82. Cleaning Up: City's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of a Project(s), Contractor shall remove
all its waste materials and rubbish from and about the Project(s) as well as its tools,
construction equipment, machinery and surplus materials. If Contractor fails to clean up
during the prosecution of the Work or at the completion of the Work, City may do so and the
cost thereof shall be charged to Contractor. If a dispute arises between Contractor and
separate contractors as to their responsibility for cleaning up, City may clean up and charge
the cost thereof to the contractors responsible therefore as the Project Manager and/or
Consultant shall_ determine to be just. All combustible waste materials shall be removed
from the Project(s) at the end of each day. Cleaning operations should be controlled to limit
dust and other particles adhering to existing surfaces.
83. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever„
Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of City. If the Contractor does not comply with
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Citys order, the City shall have the right to remove such equipment and supplies at the
expense of Contractor.
84. Set -offs, Withholdings, and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such sums
as may be specifically allowed in the Contract or by applicable law including, without
limitation, the following:
Any amount of any claim by a third party;
Any Liquidated Damages, and/or;
Any unpaid legally enforceable debt owed by the Contractor to the City.
.•
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act.
85. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to herein
as a breach, an Event of Default, shall include but not limited to, the following:
The Contractor has not performed the Work in a timely manner;
The Contractor has refused or failed, except in case for which an extension of time
is provided, to supply properly skilled staff or provided sufficient quantities of staff
to perform the Work;
The Contractor has failed to make prompt payment to Sub contractors 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 Documents;
The Contractor has failed in the representation of any warranties stated herein;
When, in the opinion of the City, reasonable grounds for uncertainty exist with
respect to the Contractor's ability to perform the . Work, the City shall notify the
Contractor in writing that it must, within the time frame set forth in the City's
request, provide adequate assurances and a plan of action to the City, in writing,
of the Contractor's ability to perform in accordance with the terms of the Contract
Documents. In the event that the Contractor fails to provide to the City the
requested assurances within the prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
o Resort to any remedy for breach provided herein or by law, including but not
limited to, taking over the performance of the Work or any part thereof either
by itself or through others.
• In the event the City may, at its sole discretion terminate the Contract for default,
the City or its designated representatives may immediately take possession of all
applicable documentation and data.
• Where the City erroneously terminates the Contract or for default, the terminations
shall be converted to a Termination for Convenience, and the Contractor shall
have no further recourse of any nature for wrongful termination.
86. Notice of Default -Opportunity to Cure
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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 maybe terminated. The City is under no
obligation to issue such notification. The City may grant an extension to the cure period if
the City deems it appropriate and in the best interest of the City, without waiver of any of
the City's rights hereunder. The City, at its sole discretion, may have a default corrected by
its own forces or another contractor and any such costs incurred will be deducted from any
sums due the Contractor under any contract with the City.
87. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to
perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder which is not cured within the time specified to cure the
default if one has been granted by the City, the Director in addition to all remedies available
to it by law, may immediately, upon written notice to Contractor, terminate this Contract
whereupon any advances for which- Work -has not been performed, paid by. the City to
Contractor while Contractor was in default shall be immediately returned to the City. The
Director may also suspend any payment or part thereof or order a Work stoppage until such
time as the 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.
If this Contract is terminated for default and the City has satisfied its obligations under the
Contract Documents the City is granted by the Contractor full use of the Work and any
Work Product in connection with the City's completion and occupancy of the Project.
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 90,
Termination for Convenience. The City in its sole discretion may terminate the Contract
without providing the Contractor a written Notice to Cure.
88. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall
be notified of the effective date of the termination and shall be liable for all 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(s) site(s) 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
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89. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City
may at any time, in its sole discretion, with or without cause, terminate the Contract by
written notice to the Contractor. Such Written Notice shall state the date upon which
Contractor shall cease all .Work under the Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
Stop all Work on the Project(s) on the date specified in the notice ("the
Effective Date");
•• Take such action as may be necessary. for the protection and preservation of the
City's materials and property;
Cancel all cancelable orders for materials and equipment;
Assign to the City and deliver to the site, or any other location specified by the
Project Manager, any non -cancelable orders for materials and equipment that can
not otherwise be used except for Work under the Contract and have been
specifically fabricated for the sole purpose of the Work and not incorporated in the
Work;
Take no action that shall increase the amounts payable by the City under the
Contract Documents; and
Take reasonable measures to mitigate the City's liability under the Contract
Documents.
All charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under the Contract, whether
finished or not, must be turned over to the City. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse by
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(s) completed in accordance with the Contract through the
completion date, and (2) non -cancelable material(s) and equipment that is not of
any use to the City except in the performance of the Contract, and has been
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
Upon the City's payment in full of_the amounts due the Contractor under this Article the
Contractor grants the City full use of the Work and any -Work Product to complete the
Project and subsequently occupy the Project.
90. Resolution of Disputes
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Contractor understands and agrees that all disputes between it and the City based upon an
alleged violation of the terms of this Agreement by the City shall be submitted for resolution
in the following manner.
The initial step shall be for the Contractor to notify the Project Manager in writing of the
claim or dispute and submit a copy to the City of Miami personnel identified in Article 4,
Notices.
Should the Contractor and the Project Manager fail to resolve the dispute the Contractor
shall submit their dispute in writing, with all supporting documentation, to the Assistant
Director -Contracts, as identified in Article 4, Notices. Upon receipt of said notification the
Assistant Director -Contracts shall review the issues relative to the claim or dispute and
issue a written finding.
Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the
Contractor shall submit their dispute in writing within five (5) calendar days to the Director.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding
by the Contractor. Upon receipt of said notification the Director shall review the issues
relative to the claim or dispute and issue a written finding.
Contractor must submit any further appeal in writing within five (5) calendar days to the City
Manager. Failure to submit such appeal of the written finding shall constitute acceptance of
the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required
prior to Contractor being entitled to seek judicial relief in connection therewith. Should the
amount of compensation hereunder exceed $100,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Contractor shall not be entitled to seek
judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City
Commission if applicable, or
(ii) a period of. sixty (60) days has expired after submitting to the City Manager a
detailed statement of the dispute, accompanied by all supporting documentation, or
a period of (90) days has expired where City Manager's decision is subject to City
Commission for approval; or
(iii) City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the City Manager.
In the event the determination of a dispute under this Article is unacceptable to either party
hereto, the party objecting to the determination must notify the other party in writing within
fourteen (14) calendar days of receipt of the written determination.. The notice must state
the basis of the objection and must be accompanied by a statement that any Contract price
or Contract time adjustment claimed is the entire adjustment to which the objecting party
has reason to believe it is entitled to as a result of the determination. Within sixty (60)
calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to prevent
litigation. The mediator shall be mutually agreed upon by the parties. Should any objection
not be resolved in mediation, the parties retain all their legal rights and remedies provided
under State law. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said party fails to
comply in strict accordance with the requirements of this Article.
91, Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the
course of the construction of a Project(s), and/or following the completion of the Project(s),
the parties to this Contract agree all unresolved disputes between, them shall be submitted
to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in
writing by the parties. A certified Mediator, who the parties find mutually acceptable, will
conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties
will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to
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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 demand a jury trial or to file permissive counterclaims in any action arising under this
Contract.
92. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or
existing at law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise so existing and may be exercised from time
to time and as often and in such order as may be deemed expedient by the City. The
exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of
the right to exercise, at the same time or thereafter, of any other remedy. The City's rights
and remedies as set forth in the Contract Documents are not exclusive and are in addition
to any other rights and remedies in law or in equity. This amount is to be utilized strictly for
the Contractor's Permit Fees reimbursements. Any moneys left from this allowance account
will in no event be utilized for other purposes
93. Permits, Licenses and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of the
Contractor. That includes also any other permit fees not directly related to the actual
construction of the Project(s), including but not limited to, licenses, permits and fees, such
as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County,
the State of Florida, or other governmental entities, 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(s) 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
public entity as Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY
(e.g. Building Department's Fees such as, Master Permit, Major Trades, Mechanical,
Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation,
Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction
as part of the Contract shall be reimbursed to the Contractor by the City through an
Allowance Account set for herein, evidenced by an invoice or other acceptable
documentation issued by the public entity.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event
shall include profit or overhead• of Contractor. Permit fees related the Contractor's
operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable.
94. Compliance with Applicable Laws
The Contractor shall comply with the most recent editions and requirements of all
applicable laws, regulations, and 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
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qualifications for Contractor and Sub Contractor doing business anywhere in the City; and
any public agency having jurisdiction over the project.
95. independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an
independent' contractor. In accordance with the- status of an independent contractor, the
Contractor covenants and agrees that the Contractor will conduct business in a manner
consistent with that status,that the Contractor will not claim to be an officer or employee of
the City for any right or privilege applicable to an officer or employee of the City, including,
but not limited to: worker's compensation coverage; unemployment insurance benefits;
social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall be
responsible for their Work, the direction thereof, and their compensation and benefits 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 sub
contractor, expert, consultant, independent contractors, specialist, trainee, employee,
servant or agent or for taxes of any nature, including, but not limited to: unemployment
insurance; worker's compensation and anti -discrimination, or workplace legislation of any
kind. The Contractor hereby agrees to indemnify and hold harmless the City against any
such liabilities, even if they arise from actions directed or taken by the City.
96. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract
97. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the written consent of the City. It is
understood that a sale of the majority of the stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
.transactions that would constitute- an assignment or sale hereunder requiring prior City
approval.
Any transference without City approval shall be cause for the City to nullify this Contract.
Any assignment without the City's consent shall be null and void. The Contractor shall have
no recourse from such cancellation. The City may require bonding, other security, certified
financial statements and tax returns from any proposed assignee and the execution of an
assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition
precedent to considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Contract and to the
partners, successors, legal representatives and assigns of such party in respect to all
covenants of this Agreement. •
98. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in this
Contract Documents is substantial and important to the formation of the Contract
Documents and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of the Contract .Documents. A waiver of any
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
breach of a provision of the Contract Documents shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of the
Contract Documents.
99. Severability
In the event the any provision of the• Contract Documents is determined by a Court of
competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful
provision shall be excised from this Contract, and the remainder of the Contract Documents
shall continue in full force and effect. Notwithstanding the foregoing, if the result of the
deletion of such provision will materially and adversely affect the rights of either party, such
party may elect, at its option, to terminate the Contract in its entirety. An election to
terminate the Contract based upon this provision shall be made within seven (7) calendar
days after the finding by the court becomes final.
100. Applicable Law and Venue of Litigation
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
101. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Contract and executed by the City Manager, Director or designee.
102. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire
and integrated Contract between the City and the Contractor and supersede all prior
negotiations, representations or agreements, written or oral. This Contract may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and equal
dignity herewith. Waiver by either party of a breach of any provision of the Contract
Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
103. Nondiscrimination. Equal Employment Opportunity, and Americans with
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition, Contractor
shall take affirmative steps to ensure nondiscrimination in employment against disabled
persons.
Contractor's decisions regarding the delivery of services under the Contract Documents
shall be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation, or
any other factor which cannot be lawfully used as a basis for service delivery.
104. Evaluation
Contractor acknowledges that upon completion of the of the Work under the Contract
Documents and/or at any other time deemed appropriate by the City a performance
evaluation report will be completed by the City. A copy of each performance evaluation
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shall also be forwarded to the Contractor. The performance evaluations will be kept in City
files for evaluation on future solicitations.
105. Commodities manufactured, grown. or produced in the City of Miami. Miami
Dade County and -the State of Florida
Whenever two or more competitive sealed bids are received, one or more of which relates
to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade
County and the State of Florida, and whenever all things stated in such received bids are
equal with respect to price, quality, and service, the commodities manufactured, grown, or
produced within the City of Miami, Miami -Dade County and the State of Florida shall be
given preference.
106. Royalties and Patents
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that may be used upon or in any
manner be connected with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in the Contract for said Work.
-107. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current
contract period shall, unless terminated by mutual written agreement between the City and
the involved contractor, continue until completion at the same prices, terms and conditions.
108. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project(s), 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(s) 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(s) and to any claim for a period of five (5) years following Final
Completion of the Project(s).
The Contractor agrees to maintain an accounting system that provides for accounting
records that are supported with adequate documentation and adequate procedures for
determining allowable costs.
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
109. No Interest
Any monies, not paid by City when claimed to be due to Contractor under the Contract
Documents, including, but not limited to, any and all claims for damages of any type, shall
not be subject to interest including, but not limited to prejudgment interest. However, the
provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest,
shall apply to valid and proper invoices.
110. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project(s) with respect to defective Work, equipment
or materials which may be identified by the Project Manager.
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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
111. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets, pledges, sells, encumbers or otherwise
disposes of the Contract or its right, title or interest in or to the same or any part thereof
without the previous consent in writing of the City, such action shall be an Event of Default.
Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to
become due or be construed to hinder, prevent or affect any assignment by the Contractor
for the benefit of its creditors, made pursuant to applicable law.
112. Agreement Limiting Time in Which to Bring Action 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.
113. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to the
Work hereunder, except as expressly provided herein, the Contractor shall diligently render
to the City, after additional compensation is mutually agreed upon, any and all assistance
which the City may require of the Contractor.
114. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued
authorization for program activities and the Contract is subject to amendment or termination
due to lack of funds, failure to allocate or budget sufficient funds, reduction of funds and/or
change in applicable laws, codes regulations, upon thirty (30) days notice in the same
manner as a Termination for Convenience under § 90 herein. The Contractor shall have no
recourse against the City for a termination under this Section except as provided § 90. .
115. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the
Contract, and the Contractor's submittals, shall constitute the Contract Documents between
the . parties with respect hereto and supersedes all previous communications and
representations or agreements, whether written or oral, with respect to the subject matter
hereto unless acknowledged in writing by their duly authorized representatives.
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Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any
third party that is not a parent or subsidiary of a party or otherwise related (by virtue of
ownership control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the City, may at its expense, elect to participate in the defense of the claim if the
City should so choose. Furthermore, the City may, at its own expense, defend or settle any
such claim if the Contractor fails to diligently defend such claim, and thereafter seek
indemnity for such cost from the Contractor.
116. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety (90)
calendar days beyond the original Contract period. In such event, the City will notify the
Contractors in writing of such extensions.
117. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy
its needs as described herein. However, the City reserves the right, as deemed in its best
interest, to perform, or cause to be performed, the Work and services, or any portion
thereof, herein described in any manner it sees fit, including but not limited to: award of
other contracts, use of any contractor, or perform the Work with its own employees.
118. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The
Contractor shall provide full and prompt cooperation with the City in all aspects of the Work
to be performed. •
The Contractor acknowledges that the Contract Documents require the performance of all
things necessary for or incidental to the effective management and performance of a
Project(s). All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required for
the completion of the Contract. All Work shall be accomplished at the direction of and to
the satisfaction of the Project Manager.
119. Contract Documents Contains all Terms
The Contract Documents and all documents incorporated herein by reference contain all
the terms and conditions agreed upon by the parties hereto, and no other agreement, oral
or otherwise, regarding the subject matter of the Contract Documents shall be deemed to
exist or to bind any of the parties hereto, or to vary any of the terms contained herein.
120. Applicable Law and Venue of Litigation (Attorneys Fees)
In any litigation or action between the parties related to or arising by virtue of this contract,
each party shall bear its own attorneys fees.
121. , Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive
the term, termination and cancellation hereof. Accordingly, the respective obligations of the
Contractor and the City under the Contract, which by nature would continue beyond the
termination, cancellation or expiration thereof, shall survive termination, cancellation or
expiration thereof.
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122. Additional Terms and Conditions
No additional terms and conditions included with the solicitation response shall be
evaluated or considered, and any and all such additional terms and conditions shall have
no force or effect and are inapplicable to this solicitation. If submitted either purposely,
through intent or design, or inadvertently, appearing separately in transmittal letters,
specifications, literature, price lists or warranties, it is understood and agreed that the
General and Special Conditions in this solicitation are the only conditions applicable to this
solicitation and that the bidder's/proposer's authorized signature affixed to the
bidder's/proposer's acknowledgment form attests to this.
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Section 3 - Supplemental Terms and Conditions
1. Contract Time & Hours
The Contractor shall furnish al labor, materials, equipment, tools, transportation, services,
and incidentals to complete all Work at a rate of progress that will ensure completion of the
Work within the Contract Time.
Contractor shall have 365 calendar days to achieve Substantial Completion from the date of
the Notice to Proceed is issued. Contractor shall have an additional 60 calendar days for
Final Completion of the Contract.
Work shall be performed in accordance with Code (Ord No. 12959) of the City of Miami.
Any Work to be performed outside of these times must be requested in writing to the
Project Manager 48 hours prior to the requested change. The Project Manager will notify
the Contractor in writing of any changes in approved Work hours.
The work hours for this project are 8:00 a.m. — 6:00 p.m. Monday— Friday.
12 ad ersertificat"ion
The Contractor shall perform all the Work and incorporate into the construction of the
Project the LEED requirements contained in the Contract Documents, to ensure that the
City obtains no less than a LEED (Silver LEVEL) rating.
The Contractor's responsibilities as part of the LEED certification process, involve, among
other duties, the storage and collection of recyclables; construction waste management;
material reuse; recycled content; construction indoor air quality management, tracking of
documentation, and the implementation of the indoor air quality management plan for the
Preoccupancy phase.
The Work includes, but is not limited to the tracking, collecting, assembling, and submitting
of all the LEED required information to the Consultant and/or the Owner, all in the specified
format and in a timely manner to avoid delays. Ensure that the building system is installed,
maintained, and tested to make sure that they will perform in conformance with the design
intent, the City's operational needs, and the Contract Documents. Create a LEED checklist
to be used during construction to ensure that the Contractor and Sub contractors comply
with the LEED Certification requirements.
Copies of the LEED .Submittal Forms and/or documentation that are due during a payment
period are required to be submitted within the Contractor's application for payment package
of that period. Failure of Contractor to provide such documentation in a timely manner may
result in Contractor's payment to be withheld by the City. Refer to Section 3, Supplemental
Terms and Conditions, article 3, Progress Payments.
The Contractor shall delegate to a member of their staff, who is a LEED Accredited
Professional, the responsibility to lead the commissioning efforts for the Contractor on this
Project. This individual will be required to work closely with the Consultant, the LEED-AP
and the Commissioning Authority to collect all data during the performance of the Work
required for LEED certification and to ensure all of the LEED Certification requirements are
met in the performance of the Work, materials incorporated into the Work, and the recycling
and disposal of waste or excess materials. Please refer to the minimum requirements in the
Notice to Contractors section of the contract documents.
Contractor in conjunction with the Consultant shall conduct a post occupancy review ten
(10) months after the completion of the construction of the Project to review and inspect the
Project for warranty issues. This task includes, but is not limited to; both a review of current
operation to identify any potential warranty related problems before the typical 12 month
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New Dinner Key Marina Dockmaster Building
Bid No.: 11-12-032
warranty expiration, and an interview with building and facility operating staff to identify their
concerns.
Delays or changes in construction required to meet the LEED's rating will not be considered
Excusable Delays nor will the costs be compensable.
Should the Project fail to obtain the stipulated LEED Certification as a result of the
Contractor acts, omissions, or negligence, the Contractor shall be liable to the City for the
increased costs of construction incurred by the City in its effort to obtain the stipulated
LEED Certification.
2. Progress Payments
Contractor may make application for payment for Work completed during the Project(s) at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. All applications shall be submitted in triplicate and the Contractor shall only use the
City's most current Contractor Payment Requisition Form. This form is available on the CIP
webpage. 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'Contractoror City because of Contractor's performance.
Failure of Contractor to make payments properly to Sub contractors 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.
In instances where multiple Project are awarded the Contractor shall submit separate
Applications for Payment for each Project.
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(s)
Site(s) or another location. Where a payment request is made for materials or equipment
not incorporated in the Project(s), but delivered and suitably stored at the site or at some
other location agreed upon in writing, the written documentation must be submitted at the
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
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.
3. 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. Where the Contractor fails to
do so, the Contractor shall pay to the City liquidated damages as follows. In the event of a
delay in completion beyond the timeframe set forth in the Contract Documents for
Substantial Completion, the Contractor shall pay to the City for each and every calendar
day of unexcused delay, the sum of One Thousand Nine Hundred Fourteen dollars
($1914.00) per calendar day, which is hereby agreed upon not as a penalty but as
liquidated damages. In the event of a delay in completion beyond the timeframe set forth in
the Contract Documents for Final Completion, the Contractor shall pay to the City for each
and every calendar day of unexcused delay, the sum of Nine Hundred Fifty Seven dollars
($957.00) 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.
4. 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 to Proceed. 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
Contractor Payment Application Form.
5. Project Schedules
Contractor shall submit a proposed Project schedule ("Schedule") as follows:
a. Schedule identifying all tasks within the critical path. The proposed Project
schedule shall be submitted within ten (10) calendar days of the Notice to
Proceed 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.
b. The Schedule shall be prepared in the form of a horizontal bar chart with
separate horizontal bars for each design task, construction task in the critical
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New Dinner Key Marina Dockmaster Building
Bid No.: 11-12-032
path in chronological order. Provide horizontal time scale in. weeks from the start
of construction' and identify the first work day of each month. Identify listings of
any major equipment installation milestones.
c. AU 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 Time for completion. Failure to submit
such Schedules shall result in the rejection of any submitted payment
application.
d. All 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 into the City's master Project schedule.
e. 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.
At a minimum the contents of the Baseline Schedule shall show or indicate the following:
a. Complete sequence of design by activity reflecting the Sub consultant
responsible for the activity.
b. Complete sequence of construction by activity reflecting the Contractor or Sub
contractor(s) responsible for each activity
c. Dates for the beginning and completion of each major element of design and
construction in no more than a two -week incremental scale.
d. Items of work that must be accomplished to achieve substantial completion.
1). Major disciplines or trades of work
2). Filter downtime
3). Time required for Contractor's submittals, fabrication and deliveries.
4). Time required by the City to review all submittals.
5). Time required by City to support any pre -operational and start-up testing.
6). Time required for the relocation of utilities, if required.
7). Percentage of completion for each item as of the date the schedule was
prepared.
8). Dates for Contractor's submittals.
9). Dates for any required City -furnished materials or equipment.
10). Datesaccepted submittals will be required from the City.
In addition the Contractor shall provide:
a. Provide a list of all long lead items and their anticipated dates of delivery
(equipment, materials, etc.) Monthly updates shall reflect actual versus
projected, and any revised projections
b. Providea projected dollar cash flow spend down for each month of construction.
Monthly updates shall reflect any change orders as well as actual versus
projected, and any revised projections.
6. Release of Liens/Sub contractor'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(s) or not, will
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
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(s), 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/Sub contractor'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 Sub contractor where no release
of lien has been submitted. The Contractor shall submit with the final payment request, for
any Project(s) where sub contractors have performed Work, a Final Release of Lien/Sub
contractor's Statement of Satisfaction for each Sub contractor 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 Sub contractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in
lieu of the Release of Lien/Sub contractor's Statement of Satisfaction, submit a Consent of
Surety to Requisition Payment.
7. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Contractor shall hold progress and coordination meetings as required by the Project
Manager or Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with
the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool
for the pre -planning of Work and enforcing schedules, and for establishing procedures,
responsibilities, and identification of authority for all parties to clearly. understand. During
these meetings, Contractor shall identify the party or parties responsible for following up on
any problems, delay items or questions, and Contractor shall note the action to be taken by
. such party or parties. Contractor shall revisit each pending item at each subsequent
meeting until resolution is achieved. Contractor shall attempt to obtain from all present any
potential problems or delaying event known to them for appropriate attention and resolution.
Contractor shall be responsible for keeping minutes of the meeting and distribution of the
minutes to all parties in attendance.
The Contractor shall arrange for the participation of its sub contractors and/or vendors
when the Project Manager requires their presence.
The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to
all parties in attendance. The Contractor shall prepare and distribute to Project Manager
and the Consultant an updated two -week look -ahead schedule of construction activities and
submittals.
8. 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.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
" 9. Proiect Site Facilities
The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable
the Project Manager or Consultant to perform their respective duties and to accommodate
any representatives of the City which the City may choose to have present at the Project(s).
Contractor's, Sub contractor's, supplier's, material men's personnel shall not use the City
restrooms that may be available at the Project(s) site without the prior consent of the
manager of the facility or the Project Manager where there is no manager of a facility. The
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.
-10. Temporary Facilities. Utilities. and Construction
Contractor is required to provide any necessary temporary utilities to the site, such as
electric, water, and sanitary services to the site for new construction or additions to a
facility, or those that are necessary for the performance of the Work. Contractor shall make
all arrangements with the local utility companies. The Contractor shall also be responsible
for fumishing all materials and equipment necessary for the installation and maintenance of
any temporary utilities. The Project Manager may authorize the use of existing utilities.
Such decision will be made at the sole discretion of the Project Manager and the City.
Contractor shall furnish, install and maintain temporary facilities required for construction,
and shall remove them upon completion of the Work. All facilities shall comply with the
respective federal, state and local codes and regulations and with utility company
requirements. Materials for temporary facilities may be new or used, but must be adequate
in capacity for the required usage, must not create unsafe conditions, and must not violate
requirements of applicable codes and standards.
The Contractor must pay -for all utility costs associated with new lines, new hook ups, new
utility accounts, and so forth which were necessitated by the Project itself. Contractor shall
pay all changes, fees, costs, or other impositions for utilities, including, without limitation,
electric, water, sewer, telecommunications and other utilities of whatever nature arising
from the Project or the Work as herein defined.
The Contractor shall be required to obtain all necessary permits required for any Project(s)
site facilities and utilities. Contractor shall also be responsible to maintain such facilities in
a safe and working condition. Contractor shall be responsible for payment for all fees and
charges for the installation and use of all temporary facilities and utilities.
All such facilities and utilities remain the property of the Contractor and the Contractor shall
be responsible for removal and disposal of such facilities prior to Final Acceptance.
Temporary fences: If, during the course of the Work, it is necessary to remove or disturb
any fencing, the Contractor shall, at his own expense, provide a suitable temporary fence
which shall be maintained until the permanent fence is replaced. The Project Manager will
be solely responsible for the determination of the necessity for providing a temporary fence
and the type of temporary fence to be used.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Responsibility for Temporary Structures: In accepting this Contract, the Contractor assumes
full responsibility for the sufficiency and safety of all temporary structures or work and for
any damage which may result from their failure or their improper construction, maintenance
or operation and will indemnify and save harmless the City from all claims, suits or actions
and damages or costs of every description arising by reason of failure to comply with the
above provisions.
11. Security
The site where the Work is to be performed may not be a secure site and the public may
have access to the site. The Contractor shall have sole responsibility for the security of all
Work materials, tools, equipment and Work at the Project(s) site. The City shall not be
liable for any damage or loss to such materials, tools, equipment and Work and the
Contractor shall be responsible for the repair or replacement of all Work such materials,
tools, and equipment.
12. Construction Signage
Contractor will typically be expected to 'furnish and install a minimum of two signs in
addition to construction related signs such as warning signs.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The Contractor shall furnish the two City signs at the Project(s)
Site(s) as follows:
The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah,
Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet
high and constructed of pressure sensitive .2 mil cast vinyl overmounted with 3 mil
mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4
inch square wood or perforated "U" channel metal posts painted white, and be
readable at eye level. The colors to be used on the sign are as follows: the
background shall be white with blue lettering; the seal shall be white and gold with
blue lettering form.
The second sign shall reflect other funding sources for the Project and shall reflect
the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4 inch
(thick) exterior plywood, suitably mounted and readable at eye level. The colors
shall be blue and white. The background shall be white and all lettering shall be
blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the
City Seal in decal form.
The Contractor shall also post appropriate construction site warning signs at the
Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic.
Signage shall also be placed waterside to alert boater to the construction zone,
requiring idle speed and a minimum clearance distance. Contractor shall provide
drawings for the signage, which shall be subject to approval by the Consultant.
.• The -Project Manager and the City shall approve the locations for all signage.
13. Construction Photoaraphs
Prior to commencement of the Work the Contractor will take digital photographs to
document existing conditions and submit copies as required herein prior to the
commencement of Work. Contractor shall submit with each application for payment
photographs that accurately reflect the progress of all aspects the Work. The number of
photographs to be taken will be based on the magnitude of Work being performed.
Contractor shall submit one copy of each photograph in print and digitally. The
photographs shall be printed on 8"X10" high resolution glossy commercial grade and weight
color photographic print paper. Each photograph shall be imprinted on its face with the title
of the Project, the date, and time the picture was taken. Digital photographs shall be taken
using .jpeg format and will be submitted on a CD-ROM clearly identifying the name of the
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Project, the name of the Contractor, and the timeframe in which the pictures were taken.
Initial set up prints, unless otherwise allowed by the Project Manager will be submitted in a
three ring binder with each picture protected by a clear plastic sleeve. Subsequent prints
are to be submitted in clear plastic sleeves that can be added to the binder.. The three ring
binder shall be of such size to be able to hold all print pictures. .
14. City Furnished Property
Where noted by the Contract Documents or as directed by the Project Manager the
Contractor may be required to preserve all signage, street signs, parking meters, benches,
traffic control signs, etc, and shall reinstall or provide them to the City as directed.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID FORM
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as
principal are named herein and that no person other than herein mentioned has any interest in this
bid or in the Contract to be entered into; that this Bid is made without connection with any other
person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith
without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged
below; and that it has satisfied itself about the Work to be performed; and that it has submitted the
required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted
voluntarily and willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the
State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all
necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all
labor necessary to construct and complete within the time limits specified the Work covered by the
Contract Documents for the Project(s) entitled:
Bid No: 11-12-032
Title: NEW DINNER KEY MARINA DOCKMASTER BUILDING
B-60464
The Bidder also agrees to furnish the required 'Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if
any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if
Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and
Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar
days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. Bidder agrees that any unit price listed in the Bid is to be multiplied by the
stated quantity requirements in order to arrive at the total.
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New Dinner Key Marina Dockmaster Building -Bid No.: 11-12-032
BID FORM (Page 2 of 8)
Note: Bidders are bidding on a total lump sum price basis for the purpose of determining the lowest
responsive and responsible bidder. Where there is a discrepancy between the numerical and written .Bid
Amount, the written Bid Amount will prevail.
Bid Item No. 1: Lump Sum Base Bid
Includes the total cost for the Work specified in this solicitation, consisting of demolition, asbestos
abatement, total lead -based paint abatement for interior and exterior surfaces, utility offsite improvements
and site lighting, furnishing all materials, labor, equipment, transportation, supervision, mobilization,
overhead & profit required, in accordance with the Bid Specifications.
Lump Sum Base Bid Price (Bid Item No. 1):
(LUMP SUM)
Bid Item No. 2 Bid Additive Alternate No.1: Building Demolition and Asbestos Abatement
Provide price for demolition of the existing building and for the removal and disposal of all materials identified
as Asbestos -Containing Material (ACM). Contractor shall employ a qualified Florida -licensed Asbestos
Consultant, who shall be responsible for conducting an asbestos survey, developing an operation and
maintenance plan, monitoring and evaluating asbestos abatement, and preparing asbestos abatement
specifications. Contractor shall employ a qualified Florida -licensed Asbestos Contractor approved by Miami -
Dade County Department of Permitting Environment and Regulatory Affairs (PERA), who shall be
responsible for conducting asbestos abatement work in accordance with the asbestos abatement
specifications developed by the Asbestos Consultant. Contractor shall comply with all required permitting by
PERA for the removal and disposal of Asbestos Materials. Contractor shall obtain and pay for all asbestos
consultant fees, asbestos contractor work and all asbestos removal permits which are non-refundable
expenses to the contractor.
Bid Additive Alternate No. 1 (Bid Item No. 2):
(LUMP SUM)
Bid Item No. 3 Bid Additive Alternate No. 2: Construction of New Waterfront Plaza
Provide price for the construction of a new waterfront plaza as indicated in Phase 2 of sheet PH-1.0.
Contractor shall pay for all components of construction of the new waterfront plaza as defined in Sheets A-
1.0, A-1.2, A-1.3, C-2, C-3, C-7, SWPPP-2, IR-1.1, L-1.1 and TD-1.1., and all applicable specification
sections as described in the Project Manual dated June 4, 2012.
Bid Additive Alternate No..2 (Bid Item No. 3):
(LUMP SUM)
Bid Item No. 4 *Allowance for Permit Fees $ 52.308
Costs are for actual City of Miami permits only (LUMP SUM)
TOTAL LUMP SUM BID AMOUNT:
$
(Addition of Bid Item No's 1, 2, 3 and 4) (LUMP SUM BID TOTAL)
Total Lump Sum Bid Written Amount
*This amount is to be utilized strictly for the Contractor's Permit Fees reimbursements. Any moneys
remaining from this allowance account will in no event be utilized for other purposes.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID FORM (Page 3 of 8)
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND
IV (If applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this
Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and
shall comply with all the stated requirements.
1. Affirmative Action Plan
Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance #10062 as amended. Effective date of implementation must be
indicated on the policy: and
.2. First Source Hiring
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance
Section 18-110, pertaining to the implementation of a "First Source Hiring Agreement".
Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration in
the award of a contract.
3. Non -Collusion
• Bidder certifies that the only persons interested in this Bid are named herein; that no other
person has any interest in this Bid or in the Contract to which this Bid .pertains; that this Bid is
made without connection or arrangement with any other person; and
4. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID FORM (Page 4 of 8)
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) This undersigned shall require that the language of this certification be included in the
award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall
certify and disclose accordingly.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID FORM (Page 5 of 8)
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a pre -requisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure; and
Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by any Federal department
or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph 6.b of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami. •
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety
Act, and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and sub contractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total Bid price
are costs for complying with the Florida Trench Safety Act. These items are a breakout of the
respective items involving trenching and will not be paid separately. They are not to be confused
with bid items in the schedule of prices, nor be considered additional Work.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID FORM (Page 6 of 8)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price
Total $
Extended . Method
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [
], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No.
Bank of for the sum of
Dollars ($ ).
The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing
and completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.:
Social Security
No. or Federal
I.D. No.:
E-Mail Address:
Dun and
Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID FORM (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF.CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a corporation organized and existing under the laws of
the State of , held on the _day of , a resolution was duly passed
and adopted authorizing (Name) as (Title) of the
corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested
by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that
said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of. the .Board.. of Directors of
a partnership organized and existing under the laws of
the State of , held on the _day of , a resolution was duly passed and
adopted authorizing (Name) as (Title) of the to execute
bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be
the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
Partner:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized
to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement each member of
the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership,
or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually. and doing
business as (d/b/a) (If Applicable) have executed and am
bound by the terms of the Bid to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Signed:
Print:
86
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID FORM (Page 8 of 8)
STATE OF
COUNTY OF
NOTARIZATION
SS:
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Section 5- Attachments
BID .BOND FORM (Page 1 of 3)
State of Florida
County of Dade
City of Miami )
SS
KNOWN ALL PERSONS BY THESE PRESENTS, that as
Principal, as Surety,
are held and firmly bound unto The City of Miami, in the penal sum of
Dollars ($ ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying Bid, dated , 20 , for:
New Dinner Key Marina Dockmaster Building B-60464
Bid No.: 11-12-032
NOW 'THEREFORE:
(a)
(b)
If the principal shall not withdraw said Bid within one hundred twenty (120) days after
date of opening the same, and shall within ten (10) days after the prescribed forms are
presented to him for signature, enter into a written contract with the City, in accordance
with the bid as accepted, and give -bond with good and sufficient Surety or.Sureties, as
may be required, for the faithful performance and proper fulfillment of such contract; or,
In the event if the withdrawal of said Bid within the period specified, or the failure to enter
into such contract and give such bond within the time specified, if the principal shall pay
the City the difference between -the amount specified in said Bid and the amount for
which the City may procure the required Work and supplies, if the latter amount be in
excess of the former, then the above obligation shall be void and of no effect, otherwise
to remain in full force and virtue.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this
day of , A. D., 20,
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City
State Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City
State Zip
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
BID BOND FORM (Page 3 of 3)
CERTIFICATE ASTO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of
the Corporation named as Principal in the within bond; that
of said corporation; that I know his signature, and the
signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing body.
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
SS
(Corporate Seal)
Before me, a Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney -in -fact, for the
and that he/she has been authorized by
to execute the foregoing bond on behalf of the Contractor named
therein in favor of The City of Miami, Florida.
Subscribed and sworn to before me this
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
day of A. D., .20.
Notary Public, State of Florida at Large
My Commission Expires:
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole
:Discretion, Require That The .Bidder Submit Additional Information Not Included In The
Submitted Form. Such Information Must. Be. Submitted Within Seven (7) Calendar Days Of
The City's Request. Failure To Submit The Form Or Additional Information Upon
Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive.
Additional Pages May Be. Used Following The Same Format And Numbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained
herein.
A. Business Information
1. How many years has your company been in business under its current name and
ownership?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
(*include active certifications of small or disadvantage business & name of certifying entity)
b: Date company licensed by Dept. Of Professional Regulation:
c. Qualified Business. License: ❑ Yew No If Yes, Date issued:
d. What is your primary business?
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to company:
f. Names of previous Qualifiers during the past five (5) years including, license
numbers, relationship to company and years as qualifier for the company
2. Name and Licenses of any prior companies
Name of Company License No.
Issuance Date
3. Type of Company:
❑ Corporation ❑ "S" Corporation ❑LLC❑ Sole Proprietorship ❑Other:
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
4. Company Ownership
a. Identify all owners of the company
Name Title
% of ownership
b. Is any owner identified above an owner in another company? ❑ Yes ❑ No
If yes, identify the name of the owner, other company names, and % ownership
c. Identify all individuals authorized to sign for the company, indicating the level of their
authority ( check applicable boxes and for other provide specific levels of authority)
Name
Title Signatory Authority
All Cost No -Cost Other
O DE ❑
O DD Li
❑ ❑ ❑ ❑
DO
Explanation for Other:
(Note: "All" refers to any type of document including but not limited to contracts, amendment, change
proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs.
No -cost refers to RFIs, Notices, and other similar documents)
5. Employee Information
Total No. of Employees: Number of Managerial/Admin. Employees:
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
How many employees are working under H2B visas?
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
6. Has any owner or employee of the company ever been convicted of a federal offense or
moral turpitude: If yes, please explain:
7. Insurance & Bond Information
a. Insurance Carrier name & address:
b. Insurance Contact Name, telephone, & e-mail:
c. insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years '& value:
e. Bond Carrier name & address:
f. Bond Carrier Contact Name, telephone, & e-mail:
g. Number of Bond Claims paid out in last 5 years & value:
8. Have any claims lawsuits been file against your company in the past 5 years, If yes,
identify all where your company has either settle or an adverse judgment has been
issued against your company. Identify the year basis for the claim or judgment &
settlement unless the value of the settlement is covered by a written confidentiality
agreement.
9. To the best of your knowledge is your company or any officers of your company
currently under investigation by any law enforcement agency or public entity. If yes,
provide details:
10. Has your company been assessed liquidated damages or defaulted on a project in the
past five (5) years? ❑ Yes ❑ No (If yes, provide an attachment that provides an
explanation of the project and an explanation.
11. Has your company been cited for any OSHA violations in the past five (5) years. If yes,
please provide an attachment including all details on each citation;
93
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater,
owned by your company.
B. Project Management & Subcontract Details
1. Project Manager for this Project:
a. Name:
b. Years with Company:
c Licenses/Certifications:
d. Last 3 projects with the company including role, scope of work, & value of project:
2. Sub contractors:
Name
Trade
of Work License No. Certification*
(*active certifications of small or disadvantage business & name of certifying entity)
3. Scope of actual construction work to be performed by your company and the
corresponding percentage of the work: (This does not include such items as insurance * bonds, dumpsters,
trailers, and other similar non -construction work items)
C. Current and Prior Experience:
1. Current Experience including projects currently under construction, recently awarded, or
pending award (Provide an attachment to this questionnaire that lists all such projects,
including the owner's name, title and value of project, scope of work, projected or actual
start date, projected completion date, and number of company trades personnel
assigned to the project)
2. Prior Projects of a similar size, scope and complexity: Provide an attachment to this
Questionnaire that includes Completed Projects the Proposer considers of a similar,
size, scope and complexity that the City should consider in determining the Bidders
responsiveness and responsibility. This attachment must include the project that meets
the minimum number of projects identified by the bid solicitation. Information provided
must include the owner's name , address and contract person, including telephone & e-
mail, title of project, location of project, scope, initial value and final cost of the project,
94
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
projected and final -timeframes for completion in calendar days and the number of
company trades personnel, by classification, that were assigned to the project. The
delivery method, including, but not limited to;design-build, CM@Risk, Design -Bid -Build,
etc. is to be identified for each Project. If there is a difference between the initial and
final cost or initial and actual-timeframe provide details on why the differences exist. A
reference letteris to be completed by the owner of the Project and submitted as part of
the Bid submission.
D. Bidder's References
Bidders are to include five. (5) references from completed projects listed in C.2 above.
The attached reference letter form must be used and included with the Bid submission.
The City, at its sole discretion may allow the Bidder to submit the references after the
specified date for Bid submission.
City Form SU must be submitted with your bid. The SU Form can be -found posted on the
webpage with the bid documents.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE. LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or government
organizations for which the Contractor has provided services in addition to the minimum five (5)
projects of a similar size, scope, and complexity.
1. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
2. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
3. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
4. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
5. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
7
96
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
City •o.f Miami
Johnny Martinez. P.E.
City Manager
To Whom it May Concern
Subject: Reference. Letter
Name of Bidder:
The above referenced contractor is submitting on a bid solicitation that has been issued by the
..City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other information your feel is pertinent:
Name of Project:
Scope of work:
Value of project: $ Date completed:
Was project completed on time & within budget: ❑ Yes ❑ No
If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes E No
If yes, please provide details:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form: Date:
Signature: Title:
Telephone: E-mail:
Sincerely,
Jeovanny Rodriguez, P.E.,
Assistant Director
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
SUPPLEMENTTO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please :type or print clearly. This Affidavit must be completed in full, signed and
notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN -THE CORPORATE LIMITS OF THE
CITY OF'MIAMI.
Legal Name of Firm:
Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation
Corporation Document No:
Date Established
Occupational License No:
PRESENT
Street Address:
Date of Issuance
= Office;tLoeafion (:Establi Frinent ofrthaidder B'idfier
City:
State: How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-85 (a) of the City of Miami Code, as amended:
"When a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by
one or more responsive, responsible local bidders who maintain a local office, as defined in City Code
Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then
that non -local bidder and each of the aforementioned responsive, responsible local bidders shall
have the opportunity to submit a best and final bid equal to or lower than the amount of the low,
bid previously submitted by the non -local bidder. Contract award shall be made to the lowest
responsive, responsible bidder submitting the lowest best and final bid. in the case of a tie in the best and
final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder."
The intention of this section is to benefit local bona fide bidders/Bidders to promote
economic development within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been
established with the sole purpose of obtaining the advantage .granted bona fide local
bidders/Bidders by this section.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
SUPPLEMENT TO BID FORM:
OFFICE .LOCATION AFFIDAVIT (Page 2 of.2)
Authorize Signature Authorized Signature
Print Name Print Name
Title Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of a Corporation or one general partner of a
partnership or the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That: personally appeared
before me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with your Bid copies of Occupational .License, professional and/or trade
License to verify local status. The City of Miami also reserves the right to request a copy
of the corporate charter, corporate income tax filing return and any other documents(s)
to verify the location of the firm's office.
99
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
Section 6- Contract Execution Form
This Contract (contract number) made this _ day of in the year 2012 in
the amount of $ by and between the City of -Miami, Florida, hereinafter called
the "City," and (name of Contractor)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST (CONTRACTOR NAME)
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: City of Miami, a municipal corporation of the
State of Florida
Dwight S. Danie, MSL, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Calvin Ellis, Director Julie O. Bru, City Attorney
Risk Management Department
100
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
CORPORATE RESOLUTION
WHEREAS, , Inc. desires to
enter into a contract with the City of Miami for the purpose of performing the work described in
the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation, with the
City of Miami upon the terms contained in the proposed contract to which this resolution is
attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
101
New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
FORM OF PERFORMANCE BOND
BY THIS BOND, We
called Contractor, and
(Page l of 2)
, as Principal, hereinafter
, as Surety, are bound to the City of Miami,
Florida, as Obligee, hereinafter called City, in the amount of Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No: 11-
12-032, awarded the day of , 20 , with City which Contract
Documents are by reference incorporated herein and made a part hereof, and specifically include
provision for liquidated damages, and other damages identified, and for the purposes of this Bond are
hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a part of this
Bond by reference, at the times and in the manner prescribed in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate
proceedings, that City sustains as a result of default by Contractor under the Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL
FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City
having performed City obligations hereunder, the Surety may promptly remedy the default, or
shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the Contract
Documents; or
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the lowest
responsible Bidder, or, if City elects, upon determination by City and Surety jointly of
the lowest responsible Bidder, arrange for a contract between such Bidder and City,
and make available as Work progresses (even though there should be a default or a
succession of defaults under the Contract or Contracts of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The
term "balance of the Contract Price, as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments thereto,
less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this
WITNESSES:
day of , .2
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(P
t Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
FORM' OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We , as Principal, hereinafter
called Contractor, and , as Surety, are bound to the City of Miami,
Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No., 11-
12-032 awarded the day of , 20 , with City which Contract
Documents are by reference incorporated herein and made a part hereof, and specifically include
provision for liquidated damages, and other damages identified, and for the purposes of this Bond are
hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor,
materials and supplies used directly or indirectly by Contractor in the performance of the
Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity. with Contractor and who has not
received payment for its labor, materials, or supplies shall, within forty-five (45) days
after beginning to furnish labor, materials, or supplies for theprosecution of the Work,
furnish to Contractor a notice that he intends to look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received payment for
its labor, materials, or supplies shall, within ninety (90) days after performance of the
labor or after complete delivery of the materials or supplies, deliver to Contractor and to
the Surety, written notice of the performance of the labor or delivery of the materials or
supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor or
the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have
been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of the
applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or
Section 95-11, Florida Statutes.
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
FORM OF PAYMENT BOND (Page 2 of 2)
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
By:
Contractor
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
INSURANCE COMPANY:
Address:
Agent and Attomey-in-Fact
(Street)
(City/State/Zip Code)
Telephone No.:
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New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032
CERTIFICATE AS TO CORPORATEPRINCIPAL
I , certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that , who signed the
Bond(s) on behalf of the Principal, was then of said corporation; that I know
his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly
signed, sealed and attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in
favor of City.
Subscribed and Sworn to before me this day of
20
My commission expires:
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Notary Public, State of Florida at Large
Bonded by
'PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE:LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank'sNo.
Beneficiary: Applicant:
City of Miami
444 SW .2nd Avenue
Miami, Florida 33130
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
of and for the account of
(branch address)
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing is
due to default in performance of certain obligations on the part of
(contractor, applicant, customer) agreed upon by and between the City of Miami, Florida
and (contractor, applicant, customer), pursuant to Bid/Contract No.
for (name of project) and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
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PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER, OF CREDIT: (Page 2 oft)
Drafts must bear the clause: "Drawn under Letter of. Credit No. (Number),
of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami . with written notice of our intent to terminate the credit herein
extended, which notice must be provided at least thirty (30) days prior to the expiration date of
the original term hereof or anyrenewed one (1) year term. Notification to the City that this Letter
of Credit will expire .prior to performance of the Contractor's obligations will be deemed a
default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not
in any way be modified, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and
any such reference shall not be deemed to incorporate herein by reference any document,
instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this credit that such drafts will be duly honored upon presentation
to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(Contractor, applicant, customer)
This Credit is subject to the "Unifoulu Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
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INFORMA.TION.FOR DETERMINING JOINT VENTURE. ELIGIBILITY
If the Proposer .is submitting as a joint venture, please be advised that this form (2 pages)
MUST be completed . and the REQUESTED written joint -venture agreement MUST be
attached and submitted with this form.
1. Name of joint venture:
2. Address of joint venture:
3. Phone number of joint venture:
4. Identify the firms that comprise the joint venture:
5. Describe the role of the MBE firm (if applicable) in the joint venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm"
those individuals (and their titles) who are responsible for day-to-day management and
policy decision making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
(4) Purchasing of major items or supplies:
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(c) Supervision of field operations:
NOTE: If, after -filing this form and before the completion of the jointventure's work on
the Subject Contract, there is any significant change in the information submitted, the
Joint Venture must inform the County in writing.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all
material information necessary to identify and explain the terms and operation of our
joint venture and- the intended participation by each joint venturer in the 1.mdertaking.
Further, the undersigned covenantand agree to provide to the County current, complete
and accurate information regarding actual joint venture work and the payment therefore
and any proposed changes in any of the joint venturer relevant to the joint venture, by
authorized representatives of the. County. Any material misrepresentation will be grounds
for terminating any Contract which may be awarded and for initiating action under
Federal or State laws concerning false statements."
Name of Firm: Name of Firm:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Form A
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