HomeMy WebLinkAboutBack-Up Documents - NegotiationsDESIGN -BUILD AGREEMENT FOR
DESIGN -BUILD SERVICES FOR THE DINNER KEY MARINA
REPAIRS AND RESTORATION PROJECT
RFP No. 18-19-005
Mayor Francis Suarez
Commissioner Wifredo "Willy" Gort, District 1
Commissioner Ken Russell, District 2
Commissioner Joe Carollo, District 3
Commissioner Manolo Reyes, District 4
Commissioner Keon Hardemon, District 5
City Manager, Emilio T. Gonzalez, Ph.D.
Issued By:
City of Miami
Department of Procurement
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
TABLE OF CONTENTS
SECTION 1 - GENERAL TERMS AND CONDITIONS 5
1. Definitions 5
2. Time is of the Essence 10
3. Contract Term 10
4. Notices 10
5. Priority of Provisions 12
6. Indemnification 12
7. Insurance 13
8. Performance and Payment Bond 15
9. Qualification of Surety 15
10. General Requirements 16
11. Method of Performing the Work 17
12. Work Staging and Phasing 18
13. Site Investigation and Representation 18
14. Design -Build Firm to Check Plans, Specifications and Data 19
15. Design -Build Firm's Responsibility for Damages and Accidents 19
16. Accidents 19
17. Safety Precautions 19
18. Occupational Health and Safety 20
19. Labor and Materials 20
20. Rules, Regulations, and Licenses; Small Business Enterprise 21
21. Project Management 21
22. Superintendence and Supervision 21
23. Authority of the Project Manager 22
24. Inspection of Work 23
25. Taxes 24
26. Separate Contracts 24
27. Lands of Work 24
28. Coordination of Work 25
29. Differing Site Conditions 25
30. Existing Utilities 25
32. Interfering Structures 26
33. Field Relocation 26
34. Design -Build Firm's Use of Project Site(s) 26
35 Materials and Equipment 27
36. Material and Equipment Shipment, Handling, Storage and Protection 27
37. Manufacturer's Instructions 29
38. Manufacturer's Warranty 30
39. Submittals 30
40. Shop Drawings, Working Drawings, and Samples 31
41. Product Data 34
42. Record Set 34
43. Supplemental Drawings and Instructions 35
44. Design -Build Firm Furnished Drawings 36
45. Substitutions 36
46. City Furnished Drawings 37
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47. Interpretation of Drawings and Documents 37
48. Product and Material Testing 37
49. Field Directives 37
50. Changes in the Work or Contract Documents 38
51. Continuing the Work 38
52. Change Orders 38
53. Change Order Procedure 39
54. No Oral Changes 40
55. Value of Change Order Work 40
56. Extra Work Directive 43
57. As -Built Drawings 44
58. Worker's Identification 45
59. Removal of Unsatisfactory Personnel 45
60. Substantial Completion and Punch List 45
61. Acceptance and Final Payment 46
62. NDPES Requirements 47
63. Force Majeure 47
64. Extension of Time 47
65. Notification of Claim 49
66. Extension of Time not Cumulative 49
67. Design -Build Firm's Damages for Delay 49
68. Excusable Delay, Non-Compensable 50
69. Acceptance of Defective or Non -Conforming Work 50
70. Uncovering Finished Work 50
71. Correction of Work 50
72. Maintenance of Traffic and Public Streets 51
73. Location and Damage to Existing Facilities, Equipment or Utilities 53
74. Stop Work Order 53
75. Hurricane Preparedness 54
76. Use of Completed Portions 54
77. Cleaning Up; City's Right to Clean Up 55
78. Removal of Equipment 55
79. Set -offs, Withholdings, and Deductions 55
80. Event of Default 56
81. Notice of Default -Opportunity to Cure 56
82. Termination for Default 57
83. Remedies in the Event of Termination for Default 57
84. Termination for Convenience 57
85. Resolution of Disputes 59
86. Mediation -Waiver of Jury Trial 60
87. City May Avail Itself of All Remedies 60
88. Permits, Licenses and Impact Fees 60
89. Compliance with Applicable Laws, Ethics and Public Records Laws 61
90. Independent Design -Build Firm 61
91. Third Party Beneficiaries 62
92. Successors and Assigns 62
93. Materiality and Waiver of Breach 62
94. Severability 62
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95. Applicable Law and Venue of Litigation; Attorney's Fees 63
96. Amendments 63
97. Entire Contract 63
98. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act 63
99. Evaluation 63
100. Commodities manufactured, grown, or produced in the City of Miami,
Miami -Dade County and the State of Florida 64
101. Royalties and Patents 64
102. Continuation of the Work 64
103. Review of Records 64
104. No Interest 64
105. Payments Related to Guaranteed Obligations 65
106. Consent of City Required for Subletting or Assignment 65
107. Agreement Limiting Time in Which to Bring Action against the City 65
108. Defense of Claims 65
109. Contingency Clause 65
110. Mutual Obligations 66
111. Contract Extension 66
112. Non -Exclusivity 66
113. Nature of the Contract 66
114. Contract Documents Contains all Terms 66
115. Applicable Law and Venue of Litigation 66
116. Survival 67
118. Nondisclosure 67
SECTION 2 - SUPPLEMENTAL TERMS AND CONDITIONS 68
1. Scope of Work 68
2. Contract Time 68
3. Progress Payments 68
4. Liquidated Damages 69
5. Schedule of Values 70
6. Project Schedules 70
7. Release of Liens/Sub Design -Build Firm's Statement of Satisfaction 71
8. Progress Meetings 72
9. Request for Information 72
10. Project Site Facilities 72
11. Project Laboratory Testing Services 74
12. Security 74
13. Construction Signage 74
SECTION 3 - DESIGN SERVICES 76
1. Design Responsibility 76
2. Subconsultants 76
3. Ownership of Documents 76
4. Delivery upon Request or Cancellation 76
5. Error and Omission Issues 77
6. Design -Build Firm's Key Staff 77
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7. Truth -In -Negotiation Certificate 77
8. Re -Use by City 77
9. Scope of Services 77
10. Basic Services 77
11. Basis of Design 81
12. Additional Design Services 81
SECTION 4 - CONTRACT EXECUTION FORM 82
CORPORATE RESOLUTION 83
FORM OF PERFORMANCE BOND 84
FORM OF PAYMENT BOND 84
CERTIFICATE AS TO CORPORATE PRINCIPAL 88
PERFORMANCE AND PAYMENT GUARANTY FORM 89
FORM A - SUBCONSULTANTS 91
FORM B - KEY STAFF 92
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SECTION 1 - GENERAL TERMS AND CONDITIONS
1. Definitions
Addenda means written or graphic instruments issued prior to the opening of Bids, which
clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.
Additional Services means any Work defined as such in a Work Order, secured in
compliance with Florida Statutes and City Code.
Agreement means the written instrument that is evidence of the agreement between the
City and Design Builder covering the Work. The work and services to be performed by
Contractor pursuant to a particular Purchase Order. The "Agreement" is the combination
of the Master Agreement and the Purchase Order for the specific assignment. The words
"Agreement" and "Contract" are synonymous.
Application for Payment means the form acceptable to City which is to be used by
Design Builder during the course of the Work in requesting progress or final payments and
which is to be accompanied by such supporting documentation as is required by the
Contract Documents.
Attachments mean any Attachments to this Agreement that are expressly incorporated
by reference and made a part of this Agreement as if set forth in full.
Base Fee means the amount of compensation mutually agreed upon for the completion
of Basic Services.
Basic Services means those services designated as such in this Agreement.
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. If no specific reference is made it will be the
Director for contractual delegations or responses attributable by the express terms of this
Contract to the City.
City Commission means the legislative body of the City of Miami.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Commissioning means the employing total building commissioning practices tailored to
the size and complexity of the building site, and the 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.
Consultant means the engineering firm selected for performing construction, engineering,
and inspection services of the Design -Build Firm's Work.
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Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the ITB Contract price or time.
Construction Schedule means a critical path schedule or other construction schedule,
as defined and required by the Contract Documents.
Contract means this document, the RFP, all Addenda, the Response to the RFP, and the
Design Criteria Package, plans and specifications developed by the Design -Build Firm,
and any change orders, modifications, directives, and clarifications to this Contract. The
documents which constitute the Contract will have the order of priority set forth in Section
5 of this document.
Contract Times means the number of days or the dates stated in the Agreement to: (i)
achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work
so that it is ready for final payment as evidenced by Engineer's written recommendation
of final payment. In calculating periods of fewer than seven (7) days, Saturday, Sunday,
and legal holidays shall not be included. In calculating seven (7) or more days, all days
shall be included. When a deadline falls on a Saturday, Sunday or legal holiday, such
deadline shall be the next regular business day.
Cure means the action taken by the Design -Build Firm 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 Design -Build Firm 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.
Any Cure Period provided for shall not be less than ten (10) days, unless the City Manager
specifies there is an identified public safety hazard in which case the Cure Period shall be
as specified in such Notice to Cure.
Day means a calendar day of 24 hours measured from midnight to the next midnight.
Design -Build Contract means a single contract with a Design -Build Firm for the design
and construction of a public construction project.
Design Criteria Package means concise, performance -oriented drawings or
specifications of the public construction project. The purpose of the design criteria
package is to furnish sufficient information to permit Design -Build Firms to prepare a bid
or a response to an agency's request for proposal, or to permit an agency to enter into a
negotiated Design -Build contract. The design criteria package must specify performance -
based criteria for the public construction project, including the legal description of the site,
survey information concerning the site, interior space requirements, material quality
standards, schematic layouts and conceptual design criteria of the project, cost or budget
estimates, design and construction schedules, site development requirements, provisions
for utilities, stormwater retention and disposal, and parking requirements applicable to the
project.
Design Criteria Professional means a firm who holds a current certificate of registration
under Chapter 481, Florida Statutes to practice architecture or landscape architecture or
a firm who holds a current certificate as a registered engineer under Chapter 471, Florida
Statutes to practice engineering and who is employed by or under contract to the agency
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for the providing of professional architect services, landscape architect services, or
engineering services in connection with the preparation of the design criteria package.
Design -Build Firm 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. A
"design -build firm" means a partnership, corporation, or other legal entity that 1) is certified
under Section 489.119, Florida Statutes to engage in contracting through a certified or
registered general Design -Build firm or a certified or registered building Design -Build firm
as the qualifying agent; or 2) is certified under Section 471.023, Florida Statutes to
practice or to offer to practice engineering; certified under Section 481.219, Florida
Statutes to practice or to offer to practice architecture; or certified under
Section 481.319, Florida Statutes to practice or to offer to practice landscape architecture.
Design Documents means the construction plans and specifications prepared by the
Design -Build Firm.
Director means the Director of the Department of Real Estate and Assets Management
(DREAM) or designee, who has the authority and responsibility for managing the
Project(s) under this Contract.
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.
Engineer means the individual or entity named as such in the Agreement. In the event
that no independently contracted engineer is utilized, all references to Engineer in the
Agreement shall be considered references to the City Office of Capital Improvements
(OCI).
Field Directive means a written approval for the Design -Build Firm to proceed with Work
requested by the City or the Consultant, which is minor in nature and should not involve
additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Construction Manager has completed all the Work in accordance with the
Contract as certified by the engineer of record or the City and submitted all documentation
required by the Contract Documents.
Hazardous Waste means materials defined in Section 1004 of the Solid Waste Disposal
Act (42 USC Section 6903) as amended from time to time, as applicable.
Inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Design -Build Firm and of the Work performed by
Design -Build Firm.
Laws or Regulations means any and all applicable laws, rules, regulations, ordinances,
codes, written directives, and orders of any and all governmental bodies, agencies,
authorities, and courts having jurisdiction.
Lump Sum Work means Work to be paid at fixed price complete amounts.
Milestone means a principal event specified in the Contract Documents relating to an
intermediate completion date or time prior to Substantial Completion of all the Work.
Notice of Award means the written letter to the Design -Build Firm notifying the Design -
Build Firm that they have been awarded the Contract.
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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 Design -
Build Firm may begin Work on the Project(s).
Office of Capital Improvements, also identified as "OCI," means the department
responsible for the project management during the life of the contract.
Plans and/or Drawings mean the official graphic representations of a Project(s).
Professional Services means those services within the scope of the practice of
architecture, landscape architecture, professional engineering, or registered surveying
and mapping, as applicable, as defined by the laws of the State of Florida, or those
performed by any architect, landscape architect, professional engineer, or registered
surveyor or mapper in connection with his or her professional employment or practice.
These services may be abbreviated herein as "architectural/ engineering services" or
"professional services," as applicable, which are within this definition.
Progress Schedule means a schedule, prepared and maintained by Contractor,
describing the sequence and duration of the activities comprising the Contractor's plan to
accomplish the Work within the Contract Times.
Project or Work, as used herein, refers to all reasonably necessary and inferable and
necessary 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 Design -Build Firm to fulfill the its obligations,
including completion of the construction in accordance with the Drawings and
Specifications. The Work may constitute the whole or a part of the Project(s).
Project Manager means the individual assigned by OCI to manage the Project(s).
Records Retention means City policy setting forth the criteria and standards for the
management of Project records to be retained in a cost effective manner to meet business
needs and comply with legal requirements, then destroyed in a timely manner when
retention is no longer required.
Request for Information (RFI) means a request from the Design -Build Firm 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
Design -Build Firm's interpretation or understanding of the document(s) in question, along
with the reason for such understanding.
Resident Project Representative means the authorized representative of Engineer who
may be assigned to the Site or any part thereof.
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.
Schedule of Submittals means a schedule, prepared and maintained by Contractor, of
required submittals and the time requirements to support scheduled performance of
related construction activities.
Schedule of Values means a schedule, prepared and maintained by Contractor,
allocating portions of the Compensation to various portions of the Work and used as the
basis for reviewing Contractor's Applications for Payment.
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Scope of Services or Services means a comprehensive description of the activities,
tasks, design features, objectives, deliverables, and milestones required for the
completion of Project or an assignment with sufficient detail to allow a reasonably accurate
estimation of resources necessary for its completion.
Shop Drawings means all drawings, diagrams, illustrations, schedules, and other data or
information, which are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work.
Site means lands or areas indicated in the Contract Documents as being furnished by the
City upon which the Work is to be performed, including rights -of -way and easements for
access thereto, and such other lands furnished by the City which are designated for the
use of Contractor.
Specifications means that part of the Contract Documents consisting of written
requirements for materials, equipment, systems, standards and workmanship as applied
to the Work, and certain administrative requirements and procedural matters applicable
thereto.
Subconsultant/Subcontractor means a person, firm, or corporation having a direct
contract with the Design -Build Firm for the purposes of performing Work.
Sub -Design -Build Firm means a person, firm or corporation having a direct contract with
Design -Build Firm 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 Proposer under this
solicitation.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Contract 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.
Time and Materials Work means Work to be paid for on the basis of time and materials.
Unit Price Work means Work to be paid for based on unit prices.
Wage Rates means the effective direct expense to Consultant and/or Subconsultant, on
an hourly rate basis, for employees in the specified professions and job categories
assigned to provide services under this Contract that justify and form the basis for
professional fees regardless of actual manner of compensation.
Work Change Directive means a written statement to Design -Build Firm issued on or
after the Effective Date of the Agreement and signed by the City and recommended by
Engineer ordering an addition, deletion, or revision in the Work, or responding to differing
or unforeseen subsurface or physical conditions under which the Work is to be performed
or to emergencies. A Work Change Directive will not change the Compensation or the
Contract Times, but is evidence that the parties expect that the change ordered or
documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the
Compensation or Contract Times.
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2. Time is of the Essence
Time is of the essence in performance of the Work. Design -Build Firm 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. 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.
All dates and periods of time set forth in the Contract, 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. Design -Build Firm acknowledges and recognizes that the
City is entitled to full and beneficial occupancy and use of the completed Work 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 68, "Excusable Delays," the Design -Build Firm
understands that, except and only to the extent provided otherwise in the Contract, the
occurrence of events of delay within the Design -Build Firm's, control, the Work shall not
excuse the Design -Build Firm from its obligation to achieve full completion of the Work
within the Contract Time, and shall not entitle the Design -Build Firm to an adjustment. All
parties under the control or contract with the Design -Build Firm shall include but are not
limited to material persons, Subconsultants, Sub -Design -Build Firm, suppliers, and
laborers.
The Design -Build Firm acknowledges that the City is purchasing the right to have the
Design -Build Firm continuously working at the Project site for the full duration of the Project
to ensure the timely completion of the Work.
3. Contract Term
The Contract shall commence upon issuance of the Notice of Award, but not before the
City Manager or City Manager's designee issues a Notice to Proceed (NTP) for Phase 1.
Said NTP shall be issued subsequent to the execution of the Contract by the City. The
City manager or City Manager's designee will issue subsequent NTPs for Phases 2 and
3, upon receipt by the City of a Temporary Certificate of Occupancy for each previous
phase.
The Contract shall terminate upon notice by the City that the Contract has been closed -
out after final completion, or otherwise terminated by the City pursuant to the terms and
conditions herein set forth.
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the Contract,
such must be addressed to the party for whom it is intended at the place last specified;
and the place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this Article. Notice shall be deemed
given on the date received or within 3 days of mailing, if mailed through the United States
Postal Service.
Notice shall be deemed given on the date sent via e-mail 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:
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For City of Miami:
Emilio T. Gonzalez, Ph.D.
City Manager
City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, Florida 33130-1910
Email: ETGonzalez@miamigov.com
Phone: 305-416-1025
Annie Perez, CPPO
Director, Department of Procurement
City of Miami
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130-1910
Email: AnniePerez@miamigov.com
Phone: 305-416-1910
Victoria Mendez
City Attorney
Office of the City Attorney
City of Miami
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130-1910
Email: VictoriaMendez@miamigov.com
Phone: 305-416-1832
With Copies to:
Daniel Rotenberg
Director, DREAM
City of Miami
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130-1910
Email: DRotenberq@miamigov.com
Phone: 305-416-1458
Steven C. Williamson
Director, Office of Capital Improvements
City of Miami
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130-1910
Email: SWilliamson@miamigov.com
Phone: 305-416-1225
For Design -Build Firm:
John W. Kearns III
Chief Financial Officer
c/o Raymond L. Robinson, Esq.
2550 South Bayshore Drive, Suite 206-B
Coconut Grove, FL 33133
JKearns@KearnsConstruction.com
(305) 461-0310
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During the Work, the Design -Build Firm shall maintain continuing communications with
Design -Build Professional and the Project Manager. The Design -Build Firm 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 Design Criteria Professional, or
provision of the Contract Documents the following order of precedence shall apply:
■ Revisions and Change Orders to the Contract
■ Contract , as it may be amended from time to time
■ Plans & Specifications
■ RFP, and any addendums issued thereto
■ RFP Responses
Where provisions of laws, codes, manufacturer's specifications or warranties or industry
standards are in conflict, the more restrictive or higher quality shall govern
6. Indemnification
The Design -Build Firm shall indemnify, hold and save harmless, and defend (at its own
cost and expense), the City and their officials, officers, agents, and/or employees, jointly
and severally, from all liabilities, damages, losses, judgements, and costs, including, but
not limited to, reasonable attorney's fees, to the extent caused in whole or in part by the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
Design -Build Firm and persons employed or utilized by Design -Build Firm in the
performance of this Contract. Design -Build Firm shall further, indemnify, hold and save
harmless, and defend (at its own cost), the City, its officials and/or employees, against any
civil actions, administrative, regulatory, 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. In the event that any action or proceeding is brought
against the City by reason of any such claim or demand, the Design -Build Firm shall, upon
written notice from the City, resist and defend such action or proceeding by counsel
satisfactory to the City. The Design -Build Firm expressly understands and agrees that any
insurance protection required by this Contract or otherwise provided by the Design -Build
Firm shall in no way limit the responsibility to indemnify, hold and save harmless, and
defend the City and their officers, employees, agents, and instrumentalities as herein
provided.
The indemnification provided above shall obligate the Design -Build Firm pre and post
construction to defend, at its own expense, to and through trial, administrative, mediation,
arbitration, appellate, supplemental or bankruptcy proceedings, or to provide for such
defense, at the City's option, any and all claims of liability and all suits and actions of every
name and description which may be brought against the City, whether performed by the
Design -Build Firm, or persons employed or utilized by Design -Build Firm. These duties
will survive the cancellation or expiration of the Contract. This Section will be interpreted
under the laws of the State of Florida, including without limitation and interpretation, which
conforms and complies with the limitations of Sections 725.06 and/or 725.08, Florida
Statutes, as applicable and as amended.
Design -Build Firm shall require all sub-consultant/sub-contractor agreements to include a
provision that each sub-consultant/sub-contractor will indemnify, hold harmless, and
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defend the City in substantially the same language as this Section. The Design -Build Firm
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 Design -Build Firm in which the City
participated either through review or concurrence of the Design -Build Firm's actions. In
reviewing, approving or rejecting any submissions by the Design -Build Firm or other acts
of the Design -Build Firm, the City in no way, assumes or shares any responsibility or
liability of the Design -Build Firm or any sub-consultant/sub-contractor under this Contract.
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 voluntarily and knowingly acknowledged by the Design -Build Firm
as good and sufficient consideration.
7 Insurance
Without limiting any of the other obligations or liabilities of Design -Build Firm, Design -Build
Firm shall provide, pay for, and maintain in force until all of its Work to be performed under
this Contract has been completed and accepted by City (or for such duration as is
otherwise specified hereinafter), the insurance coverages set forth herein.
7.1. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $2,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami, its elected officials, instrumentalities, and employees listed as
an additional insured
Contingent and Contractual Exposures
Explosion, Collapse and Underground Hazard
Primary and Non -Contributory Endorsement
Products and Completed Operations covered for a minimum of three years
following project completion. Additional insureds included on this
requirement.
7.2. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
B. Endorsements Required
City of Miami, its elected officials, instrumentalities, and employees listed as
an additional insured
7.3. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
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USL&H, IF APPLICABLE
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
7.4. Umbrella/Excess Liability
B. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $15,000,000
Aggregate $15,000,000
City of Miami, its elected officials, instrumentalities, and employees listed as an
additional insured
Excess Form over all applicable liability policies contained herein
7.5. Environmental Impairment/CPL Liability $3,000,000
City of Miami, its elected officials, instrumentalities, and employees listed as an
additional insured
Five Year Reporting Period
7.6. Builder's Risk/Installation Floater (Not applicable)
7.7. Payment and Performance Bond $22,488,038
City of Miami, its elected officials, instrumentalities, and employees listed as an
Obligee
7.8. Contractor's Professional Liability $3,000,000/$3,000,000
Retro Date Included. This limit shall be equally applicable and provided by any
and all consultants, subconsultants, or contractors engaged in the project.
7.9. Protection and Indemnity Liability (If Applicable)
Limits of Liability $1,000,000/$2,000,000
Jones Act Included
City of Miami, its elected officials, instrumentalities, and employees listed as an
additional insured
7.10 Crime Coverage
Employee Dishonesty and Forgery Alteration
Limits of Liability $1,000,000
City of Miami, its elected officials, instrumentalities, and employees listed as loss
payee.
The Design Build Firm is responsible for all applicable deductibles in terms of all
lines of coverage, or policies herein contained, more specifically noted in Section
(7) Insurance.
The above policies shall provide the City of Miami with written notice of cancellation
or material change from the insurer not less than (30) days prior to any such
cancellation or material change.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
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The company must be rated no less than "A-" as to management,
and no less than "Class X" as to Financial Strength, by the latest
edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and
/or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
8. Performance and Payment Bond
The Design -Build Firm shall within fifteen (15) calendar days of being notified of award,
furnish a Performance/Payment 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 -Design -Build Firm,
and Subconsultant employed pursuant to this Project(s). Each Bond shall be with a Surety,
which is qualified pursuant to Article 9, 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 Design -Build Firm 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 may be
amended from time to time, Design -Build Firm shall ensure that the bond(s) referenced
above shall be recorded in the public records and provide City with evidence of such
recording. The Payment/ Performance Bond shall be in substantially the form provided by
Section 255.05, Florida Statutes and be subject to the approval of the Risk Management
Director and the City Attorney as to legal form.
9. Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Five Hundred Thousand Dollars
($500,000):
Each bond must be executed by a surety company of recognized standing, currently
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
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on the financial information available to the City. A surety company that is rejected by the
City may be substituted by the Bidder or proposer with a surety company acceptable to
the City, only if the bid amount does not increase. The following sets forth, in general, the
acceptable parameters for bonds:
Policy -Amount of Bond
Financial Holder's
Ratings
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 RFP 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 RFP. If there
are no more stringent requirements, the provisions of this section shall apply.
10. General Requirements
The employee(s) of the Design -Build Firm shall be considered to be at all times its
employee(s), and not an employee(s) or agent(s) of the City or any of its departments.
The Design -Build Firm agrees that the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm represents that its staff personnel have the proper skills, training,
background, knowledge, experience, rights, authorizations, integrity, character, and
licenses as necessary to perform the Work, in a competent and professional manner.
The Design -Build Firm shall perform the work complete, in place, and ready for continuous
service, and shall include repairs, testing, permits, clean up, replacements, and restoration
required because of damages caused during this construction.
The Design -Build Firm 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 Design -Build Firm shall at all times cooperate with the City, or the Consultant and
coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
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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 Design -Build Firm 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.
Design -Build Firm shall bear all losses resulting to it because of the amount or character
of the Work, or the character of the ground, being different from what he anticipated.
All newly constructed work shall be carefully protected from injury in any way. No wheeling,
walking, or placing of heavy loads on it shall be allowed and the Design -Build Firm at its
own expense shall reconstruct all portions damaged.
The Design -Build Firm shall at all times conduct the Work in such manner and in such
sequence as will ensure the least practicable local interference. Design -Build Firm shall
not open up Work to the prejudice of Work already started, and the Project Manager may
require the Design -Build Firm to finish a section on which Work is in progress before Work
is started on any additional section.
11. Method of Performing the Work
When measurements are affected by conditions already established or where items are
to be fitted into constructed conditions, it shall be the Design -Build Firm's responsibility to
verify all such dimensions at the site and the actual job dimensions shall take precedence.
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.
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 the Design -Build Firm 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, the Project Manager
shall have the right to order the Design -Build Firm 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 Design -Build Firm
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 Design -Build Firm and
deduct such cost from any monies due the Design -Build Firm.
Where materials are transported in the performance of the Work, vehicles shall not be
loaded beyond the capacity recommended by the vehicle manufacturer or permitted by
Federal, State or local law(s). When it is necessary to cross curbing or sidewalks,
protection against damage shall be provided by the Design -Build Firm and any damaged
curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the
Design -Build Firm to the satisfaction of the Project Manager and Consultant.
The Design -Build Firm shall furnish to the Project Manager a complete listing of 24-hour
telephone numbers at which responsible representatives of the Design -Build Firm and all
of the Design -Build Firm's Sub -Design -Build Firm and Subconsultants can be reached
should the need arise at any time.
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12. Work Staging and Phasing
The Work to be performed shall be done in such a manner so as not to interfere with the
normal City operations of the Project site or facility. The manner in which the Work is
performed shall be subject to the approval of the Project Manager and 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 Design -Build Firm 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.
The City agrees to the staging area proposed by the Design -Build Firm as shown in Exhibit
A herein, on a parcel of land located north of the City Hall building. The Design -Build Firm,
however, may not establish any other staging area/s or fenced -off area in addition to the
one proposed and agreed upon above without prior written approval by the City. Staging
area/s' square footage will depend on availability and shall not, to the extent possible,
interfere with the normal operations of neither City Hall nor Dinner Key Marina. The City,
at its discretion, may provide construction -use parking spaces, in a number to be agreed
upon between the City, the Design -Build Firm, and the authority having jurisdiction.
Additionally, all Construction Progress meetings will be held at Dinner Key Marina, 3400
Pan American Dr., 3rd Floor, Conference Room 314, Miami, FL 33131. Notwithstanding
the foregoing, the Design -Build Firm may cordon off areas as reasonably necessary to
perform its work, with prior written approval by the City.
13. Site Investigation and Representation
The Design -Build Firm 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 Design -Build Firm 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.
Any failure by the Design -Build Firm to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) will not relieve Design -Build Firm 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 Design -Build Firm shall notify the City and this Contract Documents
amount may be adjusted up or down depending on the conditions.
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14. Design -Build Firm to Check Plans, Specifications, and Data
Design -Build Firm shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of the
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.
Design -Build Firm will not be allowed to take advantage of any error, omission or
discrepancy in the plans or specifications as the Design -Build Firm has sole responsibility
for design and construction. Design -Build Firm is also liable for damages and/or re -works
resulting from errors, omissions or discrepancies in the plans and/or specifications
15. Design -Build Firm's Responsibility for Damages and Accidents
Design -Build Firm shall accept full responsibility for Work against all losses or damages
of whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
16. Accidents
The Design -Build Firm 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 Design -Build Firm shall also comply with the OSHA
requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition,
the Design -Build Firm must report immediately to the Project Manager every accident to
persons or damage to property, and shall furnish in writing full information, including
testimony of witnesses regarding any and all accidents.
17. Safety Precautions
Design -Build Firm shall be solely responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the Work. Design -Build Firm 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.
Design -Build Firm 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
Design -Build Firm's superintendent unless otherwise designated in writing by Design -Build
Firm to Project Manager.
Design -Build Firm 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. Design -Build Firm 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 Design -
Build Firm, any Subconsultant, Subcontractor, or anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, shall be remedied by
Design -Build Firm. Design -Build Firm's duties and responsibilities for the safety and
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protection of the Work shall continue until all the Work is completed and Project Manager
has issued the Design -Build Firm a notice of Final Acceptance.
Design -Build Firm 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 Design -Build Firm shall comply with all codes, ordinances, rules, orders
and other legal requirements of public authorities (including OSHA, EPA, PERA, the City,
Miami -Dade County, FDOT, State of Florida, and Florida Building Code), which bear on
the performance of the Work.
The Design -Build Firm shall take the responsibility to ensure that all Work is performed
using adequate safeguards, including but not limited to: proper safe rigging, safety nets,
fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety
lights, and ladders that are necessary for the protection of its employees, as well as the
public and City employees. All riggings and scaffolding shall be constructed with good
sound materials, of adequate dimensions for their intended use, and substantially braced,
tied or secured to ensure absolute safety for those required to use it, as well as those in
the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring,
ladders and similar actions or equipment shall be OSHA approved, as applicable, and in
accordance with all federal, state, and local regulations.
If an emergency condition should develop during a Project, the Design -Build Firm must
immediately notify the Project Manager of each and every occurrence. The Design -Build
Firm should also recommend any appropriate course(s) of action to the Project Manager.
18. Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of a Project must be
accompanied by a Material Safety Data Sheet (MSDS), which may be obtained from the
manufacturer. The MSDS must include the following information:
■ The chemical name and the common name of the substance.
■ The hazards or other risks in the use of the substance, including:
» The potential for fire, explosion, corrosion, and reaction;
» 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
» The primary routes of entry and symptoms of overexposure.
■ The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the
substances, including appropriate emergency treatment in case of overexposure.
■ The emergency procedure for spills, fire, disposal, and first aid.
■ A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
■ The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
19. Labor and Materials
Unless otherwise provided herein, Design -Build Firm 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
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temporary or permanent and whether or not incorporated or to be incorporated in the
Work.
Design -Build Firm shall at all times enforce strict discipline and good order among its
employees, Sub -Design -Build Firm, and Subconsultant 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.
20. Rules, Regulations, and Licenses; Small Business Enterprise
The successful Design -Build Firm shall comply with all laws and regulations applicable to
provision of services specified in the Contract Documents. The Design -Build Firm shall be
familiar with all federal, state and local laws that may in affect the goods and/or services
offered.
The City Manager has made a written determination that due to the highly specialized
nature of this particular design -build engagement Small Business Enterprise ("SBE")
Requirements under 18-87(p) are unfeasible. Such requirements are stated as not being
applicable in the City's solicitation documents. Accordingly, the solicitation document
states there are no established Small Business enterprise ("SBE") requirements for this
Contract.
21. Project Management
Where a Design -Build Firm is awarded Work, the Design -Build Firm shall be responsible
for all Project Management, including any and all subcontracts necessary to ensure that
the Work is performed in accordance with the Contract Documents. Project Management
shall include, but is not limited to: obtaining bids from subcontractors and suppliers;
coordinating the securing of all permits and similar approvals; obtaining licenses and
inspections; ensuring that subconsultants and subcontractors comply with all City
requirements; performing the Work in accordance with the Contract Documents to the
satisfaction of the Project Manager; timely paying all Sub -Design -Build Firm's and
Subconsultants; 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 the Project Manager, which instructions are to be
strictly and promptly followed in every case. The Design -Build Firm shall keep the Contract
under his/her own control, and it shall be his/her responsibility to see that the Work is
properly supervised and carried on faithfully and efficiently. The Design -Build Firm shall
supervise the Work personally and shall have a competent, English-speaking
superintendent, representative, and any necessary assistants, all satisfactory to the
Project Manager, who shall be on the site of the Project at all working hours, and who shall
have full authority by the Design -Build Firm to direct the performance of the Work and
make arrangements for all necessary materials, equipment, and labor without delay.
The superintendent shall not be changed except with the written consent of Project
Manager, unless the superintendent proves to be unsatisfactory to Design -Build Firm and
ceases to be in its employ. The superintendent shall represent Design -Build Firm and all
directions given to the superintendent shall be as binding as if given to Design -Build Firm
and will be confirmed in writing by Project Manager upon the written request of Design -
Build Firm. Design -Build Firm shall give efficient supervision to the Work, using its best
skill and attention. The Project Manager 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.
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The Design -Build Firm'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 -Design -Build Firm
and subconsultants at the Project(s) site(s); visitors to the Project site, including
representatives of the City, 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 employees of the City.
The Project Manager, Design -Build Firm 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 Design -Build
Firm shall publish, keep, and distribute minutes and any comments thereto of each such
meeting.
If Design -Build Firm, 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 Design -Build Firm's duty to inform
Project Manager and Consultant immediately, in writing, for prompt review by Project
Manager or Consultant. All Work performed as a result of such discovery, will be done at
Design -Build Firm's sole risk.
Design -Build Firm 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. Design -Build
Firm shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction.
23. Authority of the Project Manager
The Director hereby authorizes the Project Manager or the Consultant, within the scope
of its agreement with the City, 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 Design -Build Firm 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 Design -Build Firm agrees with the Project Manager's and/or
Consultant's determination or requests. Where requests are made orally, the Project
Manager 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 expressly provided by the Contract, unless otherwise modified in writing by the
City. All instructions to the Design -Build Firm shall be issued in writing. All instructions to
the Design -Build Firm shall be issued through the Director or Project Manager or the
Consultant.
The Project Manager and Consultant shall have access to the Project(s) Site(s) at all
times. The Design -Build Firm 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
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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 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 Design -Build Firm'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
Design -Build Firm, any Sub -Design -Build Firm, subconsultants, subcontractors, suppliers
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 shall notify the Design -Build Firm in writing where the Work does not
comply with the scope of services.
The Project Manager will not be responsible for the acts or omissions of the Design -Build
Firm, any Sub -Design -Build Firm, Subconsultant, or any of their agents or employees, or
any other persons performing any of the Work.
24. Inspection of Work
Inspectors and the City shall at all times have access to the Work during normal work
hours, and Design -Build Firm 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, Design -Build Firm shall give Project Manager and Consultant timely notice of
readiness of the Work for testing. If the testing or approval is to be made by an authority
other than City, timely notice shall be given of the date fixed for such testing. Testing shall
be made promptly, and, where practicable, at the source of supply. If any of the Work
should be covered up without approval or consent of Project Manager or Consultant, it
must, if required by the Project Manager or Consultant, be uncovered for examination and
properly restored at Design -Build Firm's expense.
Unless otherwise provided, the Design -Build Firm shall arrange for such tests, inspections,
and approvals with the City's testing laboratory or entity. The Design -Build Firm shall give
the City and the Consultant timely notice of when and where tests and inspections are to
be made so that the City or Consultant may be present for such procedures.
Re-examination of any of the Work may be ordered by the Project Manager or Consultant,
and if so ordered, the Work must be uncovered by Design -Build Firm. 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, Design -Build Firm shall pay such cost.
The Design -Build Firm shall bear the cost of correcting destroyed or damaged
construction, whether completed or partially completed, of the City or separate Design -
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Build Firm caused by the Design -Build Firm's correction or removal of Work that is not in
accordance with the requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of the Contract Documents or to delay the Work by failure to inspect the
materials and Work with reasonable promptness without the written permission or
instruction of Project Manager or 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 Design -Build Firm to any Inspector,
directly or indirectly, is strictly prohibited, and any such act on the part of the Design -Build
Firm will constitute a breach of this Contract.
25. Taxes
Design -Build Firm shall pay all applicable sales, consumer, use and other taxes required,
assessed, or levied by law. Design -Build Firm is responsible for reviewing the pertinent
state statutes involving state taxes and complying with all requirements.
26. Separate Contracts
Prior to the commencement of the Work, the Project Manager will notify the Design -Build
Firm of all ongoing projects or projects scheduled to commence during the Work that may
require coordination. The Design -Build Firm shall be responsible for coordinating the Work
with any other project to minimize any potential adverse impact. Design -Build Firm shall
not be entitled to any days of delay for failure to coordinate the Work properly. The Project
Manager will assist the Design -Build Firm in coordinating the Work. However, the sole
responsibility for coordination rests with the Design -Build Firm.
If any part of Design -Build Firm's Work depends for proper execution or results upon the
work of any other persons, Design -Build Firm shall inspect and promptly report to Project
Manager and Consultant any defects in such work that render it unsuitable for such proper
execution and results. Design -Build Firm'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 Design -
Build Firm's Work, except as to defects that may develop in other Design -Build Firm's work
after the execution of Design -Build Firm's Work.
Design -Build Firm 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 Design -
Build Firm on the site. Should such interference or impact occur, Design -Build Firm shall
be liable to the affected Design -Build Firm for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Design -Build Firm 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.
27. 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 Design -Build Firm. Lands of Work
shall be as depicted in Exhibit A, "Project Phasing and Staging." Additionally, the Design -
Build Firm may close existing driveways and entrances as reasonably necessary, with
prior written approval by the City.
Design -Build Firm shall provide, at Design -Build Firm'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. Design -Build Firm shall furnish to City
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copies of written permission obtained by Design -Build Firm from the owners of such
facilities.
28. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a
week schedule. Design -Build Firm shall ensure that the performance of the Work does not
affect 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 to minimize interference to regular and emergency
operations of the facility.
During progress of Work under this Contract, it may be necessary for other Design -Build
firms and persons employed by the City to Work in or about the Project. The City reserves
the right to put such other Design -Build firms 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 other
Contract(s), it will be necessary for Design -Build Firm to plan its Work and cooperate with
other Design -Build firms insofar as possible to prevent any interference and delay.
The Design -Build Firm shall not impede or interfere with the work of other Design -Build
firms engaged in or about the Work and shall so arrange and conduct its Work that such
other Design -Build firms may complete their work at the earliest date possible.
29. Differing Site Conditions
No adjustments to the Contract Time or Contract Price shall be approved due to differing
site conditions, as the Design -Build Firm is solely responsible for all aspects of design and
construction of the Project.
30. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the
Drawings. The locations shown are taken from existing records and the best information
available from existing plans and utility investigations; however, it is expected that there
may be some discrepancies and omissions in the locations and quantities of utilities and
structures shown. Those shown are for the convenience of the Design -Build Firm only,
and no responsibility is assumed by either the City for their accuracy or completeness. No
request for additional compensation or contract time resulting from encountering utilities
not shown will be considered. The Design -Build Firm is responsible for locating all
underground utilities. The Design -Build Firm shall explore sufficiently ahead of the Work
to allow time for any necessary adjustments The Design -Build Firm 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 Design -Build Firm commences any
digging.
31. Design -Build Firm's Responsibility for Utility Properties and Service
Where the Design -Build Firm's operations could cause damage or inconvenience to
railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or
irrigation systems, the Design -Build Firm 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
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provide temporary support for all existing underground utilities and utility poles where
necessary.
The Design -Build Firm and its Sub -Design -Build firms 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 Design -Build Firm for
damages because of the Design -Build Firm's failure to protect utilities encountered in the
Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services
as a result of accidental breakage due to construction operations, promptly notify the
proper authority. Cooperate with said authority in restoration of service as promptly as
possible and bear all costs of repair. In no event shall interruption of any utility service be
allowed unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Design -
Build Firm may, by obtaining prior approval of the water utility, cut the service, dig through,
and restore the service with similar and equal materials at the Design -Build Firm's
expense and as approved by the Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Design -Build
Firm'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 Design -Build
Firm's expense, any existing utilities damaged during the Work
32. 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 Design -Build Firm shall
field verify all locations. Design -Build Firm 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.
33. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager
or Consultant at the Design -Build Firm's expense. If existing structures are encountered
that will prevent construction as shown, the Design -Build Firm 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 Design -Build Firm fails to notify the Project Manager or
Consultant when an existing structure is encountered, and proceeds with the Work despite
this interference, the Design -Build Firm does so at his own risk.
34. Design -Build Firm's Use of Project Site(s)
Limitations may be placed on the Design -Build Firm'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 Design -Build Firm at his sole
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discretion based on availability of space. The Design -Build Firm shall also coordinate and
schedule deliveries to minimize disruptions to City day-to-day operations.
The Design -Build Firm shall limit its use of the Project site(s) to allow for the City's
continuous operation. This is necessary, as the Project Site(s) may remain in operation
during the Work.
■ The Design -Build Firm shall:
• Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager; 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.
• Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas
for parking and/or storage of materials except as authorized by the Project
Manager.
• Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its vehicles
while performing Work for the City and/or while parked or stored at a City
facility. The City assumes no liability for damage or loss to the items specified
in this paragraph.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval
of the Project Manager.
Any substantial or material change in the use of the Project Site following the execution of
this Agreement, which causes a change in the Design Development Documents, will
entitle the Design -Build Firm to request an equitable adjustment to Contract Time and
Contract Price. Allied, incidental and related Uses, however, are included in Basic
Services.
35 Materials and Equipment
Design -Build Firm warrants to City, that all materials and equipment furnished under the
Contract will be new unless otherwise specified and that all of the Work will be of the
highest quality, free from faults and defects, and in conformance with the Contract. 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, Design -Build Firm 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.
36. 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 Design -Build Firm
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.
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The outside of the package or crate shall be adequately marked or tagged to indicate its
contents by name and equipment number, if applicable; approximate weight; state any
special precautions for handling; and indicate the recommended requirements for storage
prior to installation.
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, equipment, and part number.
Parts shall be packaged in a manner for protection against damage from the elements
during shipping, handling, and storage. Ship in boxes that are marked to indicate the
contents. Delivery of spare parts and special tools shall be made prior to the time
associated equipment is scheduled for the initial test run.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Design -Build Firm 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 Design -Build Firm shall unload and record the receipt of all equipment and materials
at the jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Design -Build Firm -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 Design -Build Firm
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 Design -Build Firm shall be fully
responsible for informing the manufacturers and the transportation company of the extent
of the shortage or damage. If the item or items require replacing or supplying missing
parts, the Design -Build Firm 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.
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Insurance
The Design -Build Firm'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 Design -Build Firm shall keep a running account of all materials
in storage to facilitate inspection and to estimate progress payments for materials
delivered but not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the City
Provide the required or manufacturer's recommended maintenance during storage, during
the installation, and until such time as the City accepts the equipment for full-time
operation.
Salvage Equipment
At the sole discretion of the City, 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 Design -Build Firm at his own expense, where directed
by the Project Manager, and shall remain the property of the City. All other material shall
be disposed of by the Design -Build Firm at its own expense.
37. Manufacturer's Instructions
The Design -Build Firm shall:
Comply with manufacturer's requirements for the handling, delivery, storage, and
installation of all materials, and equipment. Where required by the Contract Documents,
Design -Build Firm 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 to minimize the
necessity of uncovering Work for that purpose.
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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 Design -
Build Firm and the Project Manager a written report of field observations.
38. Manufacturer's Warranty
Design -Build Firm 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 Design -Build Firm against factory defects and workmanship. At no expense to the
City, the Design -Build Firm 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. All warranties shall commence on the
date of beneficial use and occupancy of a particular phase.
39. Submittals
Design -Build Firm shall check and approve all shop drawing, samples, product data,
schedule of values, and any and all other submittals to make sure they comply with the
Contract Documents prior to submission to the Project Manager or Consultant.
Design -Build Firm 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 Design -Build Firm shall advise the Project Manager and Consultant in
writing of any deviations from the Contract Documents. Failure of the Design -Build Firm
to advise the Project Manager or Consultant of any deviations shall make the Design -Build
Firm solely responsible for any costs incurred to correct, add or modify any portion of the
Work to comply with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following information:
■ Number and title of drawing, including Contract title and Number
» Date of drawing and revisions
» Name of Design -Build Firm and Sub -Design -Build Firm firms, (if any)
submitting drawings
» Name of Project, Building or Facility
» Specification Section title and number
» Design -Build Firm's Stamp of approval, signed by the Design -Build Firm 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
Design -Build Firm shall sign, in the proper block, each sheet of shop drawing and data
and each sample label to certify compliance with the requirements of the Contract
Documents. Shop drawing submitted without the stamp and signature shall be rejected
and it will be considered that the Design -Build Firm has not complied with the requirements
of the Contract Documents. Design -Build Firm shall bear the risk of any delays that may
occur because of such rejection.
City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the Project Manager or Consultant has returned approved
submittals to the Design -Build Firm.
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Project Manager shall make every effort to review submittals within fourteen (14) calendar
days from the date of receipt by the Project Manager. Project Manager's review shall only
be for conformance with design concepts and the information provided in the Contract
Documents. The approval of a separate item shall not constitute approval of an assembly
in which the item functions. The Project Manager or Consultant shall return the shop
drawings to the Design -Build Firm for their use and distribution. Should the submittal
review take longer than fourteen (14) calendar days, the Design -Build Firm may be entitled
to an adjustment of Contract Time and Contract Price if the critical path is substantially or
materially affected.
Acceptance of any submittal shall not relieve the Design -Build Firm of any responsibility
for any deviations from the requirements of the Contract Documents unless the Design -
Build Firm has given written notice to the Project Manager of the specific deviations and
the Project Manager has issued written approval of such deviations.
By approving and submitting Shop Drawings, Product Data and Samples, the Design -
Build Firm 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.
Design -Build Firm shall be responsible for the distribution of all shop drawings, copies of
product data and samples, which bear the Project Manager or Consultant's stamp of
approval. Distribution shall include, but not be limited to; job site file, record documents
file, Sub -Design -Build Firm, suppliers, and other affected parties or entities that require
the information.
The Design -Build Firm shall also provide copies of all plans approved and permitted by
the required governing authorities.
The Design -Build Firm shall not be relieved of responsibility for errors or omissions in any
and all submittals by the Project Manager or Consultant's acceptance thereof. The Design -
Build Firm warrants the adequacy for the purpose intended of any shop drawings or portion
of a shop drawing that alters, modifies, or adds to the requirements of the Contract
Documents.
Nothing in the Project Manager or Consultant's review of Shop Drawings, submittals, and
samples shall be construed as authorizing additional work or increased cost to the City.
40. Shop Drawings, Working Drawings, and Samples
The Design -Build Firm shall submit to the Design Criteria Professional for acceptance, if
any, such working drawings, shop drawings, test reports, and data on materials and
equipment, and material samples as are included in the Design Documents prepared by
the Design -Build Firm, or in the Design Criteria Package.
SHOP DRAWINGS: The term "Shop Drawings" shall be construed to mean Design -Build
Firm's plans for material and equipment, which becomes an integral part of the Project.
Shop drawings shall consist of fabrication, erection and setting drawings and schedule
drawings, manufacturer's scale drawings, wiring and control diagrams, material and
equipment lists, catalog data sheets, cuts, performance curves, diagrams, materials of
construction, and similar descriptive material.
Shop drawings shall be prepared in a manner and sufficient detail to enable the City to
determine compliance with all contract documents, and City of Miami design standards,
as applicable.
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Drawings and schedules shall be checked and coordinated with the work of all trades
involved before they are submitted for review by the City, and shall bear the Design -Build
Firm's stamp of review and acceptance as evidence of such checking and coordination.
If drawings show variation from Contract requirements because of standard shop practice
or for other reasons, the Design -Build Firm shall describe such variations in his letter of
transmittal. If acceptable, proper adjustment in the Contract shall be implemented where
appropriate. If the Design -Build Firm fails to describe such variations, he shall not be
relieved of the responsibility for executing the Work in accordance with the Contract, even
though such drawings have been reviewed.
WORKING DRAWINGS: The term "Working Drawings" shall be construed to mean the
Design -Build Firm's plan for temporary structures such as temporary bulkheads, support
of open cut excavation, support of utilities, groundwater control systems, forming and false
work for underpinning, and for such other work as may be required for construction but
does not become an integral permanent part of the Project.
Working Drawings shall be submitted to the Project Manager at least thirty (30) calendar
days (unless otherwise specified) in advance of their being required for the Work.
Working Drawings, where required, shall be prepared, signed, and sealed by a registered
professional engineer currently licensed to practice in the State of Florida. Working
Drawing submittals are required to verify compliance with this provision. The Design -Build
Firm and the Design -Build Firm's engineer assume all risks of error; the City shall have no
responsibility therefore.
DESIGN -BUILD FIRM'S RESPONSIBILITY - The DESIGN -BUILD FIRM shall:
1. Check all drawings, data, and samples prepared by or for him before submitting
them to the Project Manager for review;
2. Stamp each data Submittal with "Design -Build Firm's Stamp" indicating that
they have been checked. Shop drawings submitted to the Project Manager
without the "Design -Build Firm's Stamp" will be returned for nonconformance
with this requirement;
3. Determine and verify field measurements and construction criteria;
4. Determine and verify specific catalog numbers and similar data (other catalog
or manufacturer's data not pertinent to the submittal shall be crossed or marked
out);
5. Determine and verify general conformance with the Design Criteria Package;
6. Not begin any work covered by a shop drawing returned for correction until a
revision or correction thereof has been reviewed, accepted, and returned to
the Design -Build Firm by the Project Manager. The Design -Build Firm shall be
responsible for and bear all costs for damages, which may result from the
ordering of any material or from proceeding with any part of the work prior to
the review and acceptance by the City of the necessary shop drawings, unless
such work or material is later accepted at the discretion of the City; if not
accepted Design Build Firm assumes such risk at its own expense;
7. Carry out the construction in accordance with shop drawings as returned by
the City with no exceptions or as noted and shall make no further changes
therein except upon written instruction from the Engineer;
8. Submit to the Project Manager all shop drawings, samples and schedules
sufficiently in advance of construction requirements to provide no less than
thirty (30) calendar days for checking, and appropriate action;
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9. List exceptions to the Design Criteria Package taken by the Design -Build Firm
in the letter of Shop Drawing Transmittal to the Project Manager.
CITY'S RESPONSIBILITY - The City will:
1 Review shop drawings, data, and samples submitted by the Design -Build Firm
to interpret the work depicted on such Submittal to be in general conformance
with the design concept and in general compliance with the Contract
requirements. The City's review and comments, if any, constitutes a limited,
conditional, or qualified permission to use such materials, equipment, or
methods and does not constitute an acceptance of dimensions, quantities,
details of the material, equipment, device, or item submitted. The City is not
responsible for the accuracy or content of the submittals by the Design -Build
Firm.
2. Review and return shop drawing submittals within 30 calendar days of receipt.
3. Reject and return shop drawings to the Design -Build Firm without action
(stamped "REJECTED") or review with the following applicable notation:
a. "Design -Build Firm's Stamp required - Incomplete Review by Design -Build
Firm," or
b. "Submittal Incomplete - See Section ," or
c. "Contract Variation Not Noted in Transmittal."
SUBMITTAL PROCEDURES:
Preliminary Shop Drawing Data: Within 20 days after the Award of the Contract, the
Design -Build Firm shall submit to the Project Manager a complete listing of manufacturers
for all items for which shop drawings are to be submitted.
Shop Drawing Submittal Schedule: Within 30 days after the Notice to Proceed, the Design -
Build Firm shall submit to the Project Manager a complete schedule of shop drawing
submittals fixing the respective dates for submission, the beginning of manufacture,
testing, and installation of materials, supplies, and equipment, noting those submittals
critical to the progress schedule.
Submittal Log: An accurate updated log of submittals maintained by the Design -Build Firm
and subject to review by the City at each scheduled progress meeting.
When reviewed by the City each of the shop drawings will be identified as having received
such review, being so stamped and dated. Shop drawings stamped "REJECTED" will be
returned to the Design -Build Firm for correction and re -submittal with the required
correction indicated on the shop drawing or listed on a "Shop Drawing Review sheet".
If submitted drawings or schedules show a departure or variation from the Contract
Requirements which are in the interest of the City and to be so minor as not to involve a
change in Contract Price or time for performance, the City may return the reviewed
drawings without noting an exception.
If the Design -Build Firm makes a determination that conflicts with any part of the Design
Criteria Package, the Design -Build Firm shall give written notice thereof to the Project
Manager. This does not constitute a change order until accepted by the City.
Re -submittals will be handled in the same manner as first submittals. On re -submittals,
the Design -Build Firm shall direct specific attention on the transmittal and on re -submitted
shop drawings to revisions other than the corrections requested by the Project Manager
on previous submissions. The Design -Build Firm shall make any corrections required by
the Project Manager.
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The Project Manager will review a Submittal/re-submittal a maximum of two (2) times after
which the cost of review will be borne by the Design -Build Firm at the Project Manager's
standard hourly rate. No partial submittals will be reviewed. Submittals not complete will
be returned to the Design -Build Firm, and will be considered "Rejected" until properly
resubmitted.
Design -Build Firm shall submit a minimum of five (5) sets, plus additional sets as required
by his Sub -Design -Build Firm's, of each shop drawing Submittal for review.
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 is entitled to rely upon the
accuracy and completeness of such calculations and certifications submitted by the
Design -Build Firm. Calculations, when required, shall be submitted in a neat clear and
easy format to follow.
Design -Build Firm shall keep one set of Shop Drawings marked with Project Manager's
and/or Consultant's approval at the job site at all times.
41. Product Data
Design -Build Firm shall submit four (4) copies of product data, warranty information, and
operating and maintenance manuals in the same manner as shop drawing submittals.
Each copy must be marked to identify applicable products, models, options and other data.
Design -Build Firm shall supplement manufacturer's standard data to provide information
unique to the Work.
Design -Build Firm 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.
Design -Build Firm shall submit a draft of all product data, warranty information, and
operating and maintenance manuals at 50% completion of construction.
42. Record Set
Design -Build Firm shall maintain in a safe place at the Project(s) site(s) a copy of the
Contract, one record copy and one permit set of the Contract documents, including, but
not limited to, all Drawings, Specifications, accepted shop drawings, amendments,
Change Orders, RFIs, and Field Directives, field and performance test records,
construction progress schedules, 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 Design -Build Firm 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
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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. Design -Build Firm shall certify the accuracy of the updated
record documents. As a condition precedent to City's obligation to pay Design -Build Firm,
the Design -Build Firm shall provide evidence, satisfactory to the Project Manager that
Design -Build Firm is fulfilling its obligation to update the record documents continuously.
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 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 for reference. Upon completion of the Work and
as a condition precedent to Design -Build Firm's entitlement to final payment, the record
documents shall be delivered to the Project Manager by the Design -Build Firm. The
Record Set of Drawing shall be submitted in both hard copy and as electronic plot and
.dwg files.
43. Supplemental Drawings and Instructions
Included as part of the Design Criteria Package there is a CD titled "Supplemental
Documents," which includes Documents #2 through #16:
■ Design Criteria Package (DCP)
■ Design Criteria Drawings
■ Specific Purpose Survey — Olin Hydrographic Solutions
■ Dinner Key Air Base — Underground Record
■ Survey of Dinner Key
■ Specific Purpose Survey — Coconut Grove Convention Center
■ Dinner Key Marina — Existing Facility Utility Drawings
■ Dinner Key Marina — Electrical Improvements
■ Pier 3 Repair Plans
■ Maintenance Dredging Plans
■ Assessment Report
■ Geotechnical Report
■ Pier 3 Pile Driving Logs
■ Assessment Report
■ Industry Day Presentation
The Project Manager or Design Criteria Professional 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 Design Criteria Professional 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
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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.
44. Design -Build Firm Furnished Drawings
A Contract Documents may require the Design -Build Firm 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 Design Criteria Professional prior to resubmission to the permitting
agency.
Acceptance by the City shall not relieve the Design -Build Firm from responsibility for errors
and omissions in the drawings.
45. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming
of the item is intended to establish the type, function, and quality required. Unless the
name is followed by words indicating that no substitution is permitted, materials or
equipment of other suppliers may be accepted by the Engineer of Record if sufficient
information is submitted by Design -Build Firm to allow City and the Engineer of Record to
determine that the material or equipment proposed is equivalent or equal to that named.
Requests for review of substitute items of material and equipment from anyone other than
Design -Build Firm will not be accepted by either the City or the Engineer of Record.
If Design -Build Firm wishes to furnish or use a substitute item of material or equipment,
Design -Build Firm shall make application to the Engineer of Record for acceptance
thereof, certifying that the proposed substitute shall perform adequately the functions and
achieve the results called for by the general design, be similar and of equal substance to
that specified and be suited to the same use as that specified. The application shall state
that the evaluation and acceptance of the proposed substitute will not prejudice Design -
Build Firm'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 from acceptance of such substitute, including costs for redesign and claims
of other Design -Build firms affected by the resulting change, all of which shall be
considered by the Engineer of Record in evaluating the proposed substitute. The Engineer
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of Record may require the Design -Build Firm to furnish at Design -Build Firm'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, Design -Build Firm may furnish or utilize a substitute
means, method, technique, sequence or procedure of construction acceptable to the
Engineer of Record, if the Design -Build Firm submits sufficient information to allow the
Engineer of Record to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to and
review by the Engineer of Record shall be the same as those provided herein for substitute
materials and equipment.
The Engineer of Record and the OCI Director or OCI Director's designee 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 Engineer of Record's prior written acceptance, which
shall be evidenced, by either a Change Order or an approved submittal. The City and the
Engineer of Record may require the Design -Build Firm to furnish at Design -Build Firm's
expense a special performance guarantee or other surety with respect to any substitute.
If the City and the Engineer of Record rejects the proposed substitute, at their discretion,
the City may require the Design -Build Firm to reimburse the City for the charges for
evaluating the proposed substitute.
Design -Build Firm 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.
46. City Furnished Drawings
The Design Criteria Package, as required by Florida Statute §287.055, Florida Statutes,
has been prepared by Moffatt & Nichol. The DCP establishes the design criteria necessary
for the Design -Build Firm to perform the Work under this Project.
47. 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 Design -Build Firm agrees to abide
by the Project Manager or Consultant's interpretation and perform the Work in accordance
with the decision of the Project Manager or the Consultant. In such event, the Design -
Build Firm will be held to have included in its Contract Price the best materials suitable for
the purpose and/or methods of construction.
48. Product and Material Testing
The Design -Build Firm must provide for its own construction quality assurance and quality
control inspections, testing and material certifications and not rely upon the City for these
services. The City will not be responsible for materials testing of any type (e.g., grout for
rock/soil anchors). All quality assurance services as may be required by the approved
project specifications shall be the responsibility of the Design -Build Firm.
49. Field Directives
The Project Manager or Consultant may at times issue Field Directives based on visits to
the Project(s) Site(s). Such Field Directives shall be issued in writing and the Design -Build
Firm shall be required to comply with the directive. Where the Design -Build Firm believes
that the directive is outside the scope of the Work, the Design -Build Firm shall, within 48
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hours, notify the Project Manager that the work is outside the scope of the Work. At that
time, the Field Directive may be rescinded or the Design -Build Firm may be required to
submit a request for a change to the Contract. Where the Design -Build Firm is notified of
the City's position that the Work is within the scope and the Design -Build Firm disagrees,
the Design -Build Firm shall notify the Project Manager that the Design -Build Firm reserves
the right to make a claim for the time and monies based on the Field Directive. At no time
shall the Design -Build Firm refuse to comply with the directive. Failure to comply with the
directive may result in a determination that the Design -Build Firm is in default of the
Contract.
50. 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.
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.
51. Continuing the Work
Design -Build Firm 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.
52. 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 85,
Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change
Order approved by City, Design -Build Firm shall promptly proceed with the change in the
Work involved and advise the Project Manager, and Director in writing within seven (7)
calendar days of Design -Build Firm'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, Design -Build Firm shall
ensure that the performance bond and payment bond (if applicable) are increased so that
each reflects the total Contract Price as increased.
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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
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 may direct, order or
require the Design -Build Firm to perform any Work including that which the Design -Build
Firm deems to be Extra Work. The Design -Build Firm 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.
53. 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 Design -Build Firm outlining
the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the
Design -Build Firm is required to start the Extra Work immediately. The Design -Build Firm
is required to obtain permission for an extension to start the Extra Work if it is beyond the
Design -Build Firm's ability to start within the allotted timeframe.
The Design -Build Firm is required to provide the Project Manager with a detailed Change
Proposal Request, which shall include requested revisions to the Contract, including but
not limited to adjustments in this Contract Price and Contract Time. The Design -Build Firm
is required to provide sufficient data in support of the cost proposal demonstrating its
reasonableness. In furtherance of this obligation, the City may require that the Design -
Build Firm 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
Design -Build Firm's Change Proposal Request. The Design -Build Firm'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 Design -Build Firm fails to notify the
Project Manager of the schedule changes associated with the Extra Work, it will be
deemed an acknowledgment by the Design -Build Firm that the proposed Extra Work will
not have any scheduling consequences. The Design -Build Firm agrees the Change
Proposal Request will in no event include a combined profit and overhead rate in excess
of fifteen (15%) percent of the direct labor and material costs, unless the Project Manager
determines that the complexity and risk of the Extra Work is such that an additional factor
is appropriate. The Change Proposal Request may be accepted or modified by
negotiations between the Design -Build Firm 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 Design -Build Firm of the Change Order shall serve as a
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release of the City from all claims and liability to the Design -Build Firm 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 Design -Build Firm
shall, within five (5) business days, submit a revised Project schedule reflecting the
changes against the baseline schedule.
54. 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.
55. 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 Design -Build Firm and Project
Manager acknowledge, contains a component for overhead and profit.
■ Based on the "cost of Work," determined as provided in this, plus a Design -Build
Firm'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 Design -Build Firm 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 Design -Build Firm in the performance
of the Work described in the Change Proposal Request under schedules of job
classifications agreed upon by Project Manager and Design -Build Firm. Payroll costs for
employees not employed full time on the Work covered by the Change Proposal Request
shall be apportioned based on 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
supervisors 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 Design -Build Firm unless City
deposits funds with Design -Build Firm with which to make payments, in which case the
cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall accrue to City and Design -Build
Firm shall make provisions so that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented from Design -Build Firm or
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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, Design -Build Firm shall obtain competitive bids for the Change
Order Work. Design -Build Firm and shall deliver such competitive bids to the City who will
determine which bids will be accepted. If the Sub -Design -Build firm is to be paid based on
the cost of the Work plus a fee, the Sub -Design -Build Firm's cost of the Work shall be
determined in the same manner as Design -Build Firm's cost of the Work. All Sub -Design -
Build firms 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, engineers,
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
Design -Build Firm'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 Design -Build Firm.
■ Sales, use, or similar taxes related to the Work, and for which Design -Build Firm
is liable, imposed by any governmental authority.
■ Deposits lost for causes other than Design -Build Firm'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 Design -Build Firm's officers, executives,
principals (of partnership and sole proprietorships), general managers,
consultants, engineers, estimators, lawyers, auditors, accountants, purchasing
and contracting agents, expediters, timekeepers, clerks and other personnel
employed by Design -Build Firm 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 Design -Build Firm's fee.
■ Expenses of Design -Build Firm's principal and branch offices other than Design -
Build Firm's office at the site.
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■ Any part of Design -Build Firm's capital expenses, including interest on Design -
Build Firm's capital employed for the Work and charges against Design -Build Firm
for delinquent payments.
■ Cost of premiums for all Bonds and for all insurance whether or not Design -Build
Firm 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 Design -Build Firm, any Sub- Design -
Build Firm, Sub -consultant, 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.
Design -Build Firm's fee allowed to Design -Build Firm 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 Design -Build Firm self -performs the Work, Design -Build Firm's fee
shall not exceed ten percent (10%);
• Where a Sub- Design -Build Firm performs the Work, Design -Build Firm '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 -
Design -Build Firm as a fee for overhead and profit shall not exceed ten percent
(10%); and
■ No fee shall be payable for special consultants or supplemental costs.
The amount of credit to be allowed by Design -Build Firm to City for any such change that
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 based on the net increase. If any, however, Design -Build Firm shall not
be entitled to claim lost profits for any Work not performed.
Whenever the cost of any Work is to be determined pursuant to this Article, Design -Build
Firm will submit in a form acceptable to Project Manager an itemized cost breakdown
together with the supporting data.
Where the quantity of any item of the Work that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such Work indicated
in the Contract Documents, an appropriate Change Order shall be issued to adjust the
unit price, if warranted.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Design -Build Firm shall
submit an initial cost estimate acceptable to the Project Manager.
■ Breakdown shall list the quantities and unit prices for materials, labor, equipment
and other items of cost.
■ Whenever a change involves Design -Build Firm and one or more Sub -Design -
Build firms, and the change is an increase in the Contract Price, overhead and
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profit percentage for Design -Build Firm and each Sub -Design -Build firm 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."
56. 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 Design -
Build Firm to do the proposed Extra Work. Immediately upon receipt of the Extra Work
Directive, the Design -Build Firm shall be obligated to proceed with the Work set forth in
that directive.
Except as provided below, the Design -Build Firm shall be entitled to initiate a dispute
pursuant to the Article 85, 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 Design -Build Firm disputes. Such dispute must relate to
specific matters raised and/or reserved by the Design -Build Firm in its proposal, and which
have not been resolved prior to the issuance of the Extra Work Directive. The written
statement must set forth all details of the Design -Build Firm's claim including the manner
that the disputed item was specified in the Design -Build Firm's proposal. During the
pendency of any dispute hereunder, the Design -Build Firm 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 Design -Build Firm will be paid
in accordance with the following paragraph. This payment(s) will be in full satisfaction of
the Design -Build Firm'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 Design -Build Firm 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
Design -Build Firm or his Sub -Design -Build firm. 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 Design -Build Firm 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 Design -Build Firm shall, at the end of each day, furnish the
City such documentation as the City may require supporting all the costs of the Extra
Work. If payments on account are desired as the Extra Work progresses, the Design -Build
Firm 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
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City, the Design -Build Firm 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,
materials, or plant.
In case the Design -Build Firm is ordered to perform Work under this Article, which in the
opinion of the Project Manager, it is impracticable to have performed by the Design -Build
Firm's own employees, the Design -Build Firm will, subject to the approval of the Project
Manager, be paid the actual cost to Design -Build Firm of such Work, and in addition
thereto five (5%) percent to cover the Design -Build Firm'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.
57. As -Built Drawings
During the Work, Design -Build Firm shall maintain records of all deviations from the
Drawings and Specifications as approved by the Project Manager 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 Design -Build Firm to check the As -Built Drawings for errors and omissions prior to
submittal to the City and certify in writing that the As -Built Drawings are correct and
accurate, including the actual location of all internal piping, electrical/signal conduits in or
below the concrete floor. Indicate the size, depth, and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site Work as follows:
■ Depths of various elements of foundation in relation to finish first floor datum.
■ All underground piping and ductwork with elevations and dimensions and locations
of valves, pull boxes, etc.
■ Changes in location: Horizontal and vertical locations of underground utilities and
appurtenances, referenced to permanent surface improvements. Actual installed
pipe material, class, etc.
■ Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts
with locations of dampers, access doors, fans and other items needing periodic
maintenance.
■ Field changes in dimensions and details.
■ Changes made by Project Manager or Consultant's written instructions or by
Change Order.
■ Details not on original Contract Drawings.
■ Equipment, conduit, electrical panel locations.
■ Project Manager or Consultant's schedule changes according to Design -Build
Firm's records and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
■ Manufacturer, trade name, catalog number, and Supplier of each product and item
of equipment actually installed.
■ Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
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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.
For construction of new building or building additions as -built drawings signed and sealed
by a Florida licensed Registered Land Surveyor.
58. Worker's Identification
The Design -Build Firm's employees, who include any Sub -Design -Build firm, and/or
Subconsultant, shall wear an identification card provided by the Design -Build Firm, or
some other form of identification to the satisfaction of the City. The identification card shall
bear the employee's picture, name, title, and name of the employer. Failure by a Design -
Build Firm's employee to wear such identification may result in his removal from the Work
until the identification card is obtained and worn. Such removal shall not act as a basis for
the Design -Build Firm to submit a claim for an extension of time.
59. Removal of Unsatisfactory Personnel
The City may make written request to the Design -Build Firm for the prompt removal and
replacement of any personnel employed or retained by the Design -Build Firm, or any or
Sub Design -Build firm engaged by the Design -Build Firm to provide and perform services
or Work pursuant to the requirements of the Contract Documents. The Design -Build Firm
shall respond to the City within seven (7) calendar days of receipt of such request with
either the removal and replacement of such personnel or written justification as to why
that may not occur. The City shall make the final determination as to the removal of
unsatisfactory personnel from Work assigned by City. The Design -Build Firm agrees that
the removal of any of its employees does not require the termination or demotion of
employee(s).
60. Substantial Completion and Punch List
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no
material and/or substantial variations from the Contract Documents and the Work is fit for
its intended purpose. Upon Substantial Completion, the Project Manager and the Design -
Build Firm shall sign the Substantial Completion Inspection Form. The signing of this form
shall not relieve the Design -Build Firm from its obligation to complete the Project.
When the Design -Build Firm believes that the Work is substantially complete, the Design -
Build Firm shall request in writing that the Project Manager inspect the Work to determine
if Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Design -Build Firm has obtained a Certificate(s) of
Occupancy, Certificate of Completion or Completion or a Temporary Certificate of
Occupancy or any other approvals from agencies having jurisdiction over the Work.
The request for Substantial Completion Inspection shall include a written certification that:
■ Design Criteria Package has been reviewed.
■ Work has been inspected by the Design -Build Firm for compliance with the Design
Criteria Package.
■ Work has been completed in accordance with the Design Criteria Package.
■ Equipment and systems have been tested in the presence of the Project Manager
and/or other City representatives and are operational.
■ Work is completed and ready for Substantial Completion inspection.
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The Project Manager shall schedule the date and time for any inspection, and notify the
Design -Build Firm 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 inadvertent omission of any item from the Punch List shall not relieve the
Design -Build Firm from its obligations as detailed in the Design Criteria Package and the
Contract. The Punch List shall be signed by the Project Manager, and the Design -Build
Firm confirming that the Punch List contains the item(s) necessary to complete the Work.
The failure or refusal of the Design -Build Firm to sign the Project Substantial Completion
Inspection Form or Punch List shall not relieve the Design -Build Firm 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 determines, on the appropriate form that the Work is not
substantially complete, the Project Manager shall provide a list of all open items necessary
to achieve Substantial Completion. Upon completion of such Work, the Design -Build Firm
shall request another Substantial Completion inspection.
The Project Manager and the Design -Build Firm shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
The City will prepare a Certificate of Substantial Completion in the appropriate 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 d 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.
Substantial completion shall be determined on a phase -by -phase basis, to include an
individual Temporary Certificate of Occupancy (TCO) and a punch list per phase.
61. Acceptance and Final Payment
Upon receipt of written notice from Design -Build Firm 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, Design -Build Firm shall deliver to the
Project Manager a final release of all liens arising out of the Contract Documents, receipts
in full in lieu thereof; an affidavit certifying that all suppliers, Subconsultants, and Sub
Design -Build Firm s 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. Design -Build Firm shall deliver the written Design -
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Build Firm's and all Manufacturer's warranties prior to issuance of the Final Certificate for
Payment.
If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Design -Build Firm, and Project Manager so certifies, City shall,
upon such certification, and without terminating the Contract, 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 Design -Build
Firm, except those previously made in strict accordance with the provisions of the Contract
and identified by Design -Build Firm as unsettled at the time of the application for final
payment.
Upon the receipt of all documentation, resolution of any outstanding issues and issuance
of final payment, the Project Manager shall notify the Design -Build Firm in writing of the
closeout of the Project.
62. NDPES Requirements
Design -Build Firm shall comply with the State of Florida rules and regulations for the
National Pollutant Discharge Elimination System (NPDES) including but not limited to all
permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All
costs for NPDES and SWPPP shall be included in the Bid prices. For further information
on compliance requirements for NPDES and SWPPP contact the City of Miami Public
Works Department at (305) 416-1200 or visit the State of Florida website
at http://www.dep.state.fl.us/water/stormwater/npdes/. Design -Build Firm is responsible
for obtaining, completing, and paying for any required NPDES application or permits that
may be required.
63. Force Majeure
Should any failure to perform on the part of Design -Build Firm be due to a condition of
force majeure as that term is interpreted under Florida law, and then the City may allow
an extension of time reasonably commensurate with the cause of such failure to perform
or cure.
If the Design -Build Firm is delayed in performing any obligation under the Contract
Documents due to a force majeure condition, the Design -Build Firm 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 Design -Build Firm for extra compensation unless additional services are required.
Requests for time extensions shall not include inclement weather, except as permitted
by Florida law, and may not include the acts or omissions of Sub -Design -Build Firms.
64. Extension of Time
Any reference in this section to the Design -Build Firm shall be deemed to include material
persons, suppliers, laborers and permitted Subconsultants and Sub -Design -Build Firms,
whether or not in privity of contract with the Design -Build Firm for the purpose of this
article.
If the Design -Build Firm 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:
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■ The cause of the delay arises after issuance of the NTP and could not have been
anticipated by the Design -Build Firm by reasonable investigation before
proceeding with the Work;
■ The Design -Build Firm demonstrates that the completion of the Work will be
actually and necessarily delayed;
■ The effect of such cause cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts and measures whether before or after the
occurrence of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an
Excusable Delay.
The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the
Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm.
The request for an Excusable Delay shall be made within ten (10) calendar days after the
time when the Design -Build Firm knows or should have known of any cause for which it
may claim an extension of time and shall provide any actual or potential basis for an
extension of time, identifying such causes and describing, as fully as practicable at that
time, the nature and expected duration of the delay and its effect on the completion of that
part of the Work identified in the request. The Project Manager may require the Design -
Build Firm to furnish such additional information or documentation, as the Project Manager
shall reasonably deem necessary or helpful in considering the requested extension.
The Design -Build Firm shall not be entitled to an extension of time unless the Design -Build
Firm affirmatively demonstrates that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Design -Build Firm's
request for Excusable Delays in a reasonable period of time; however, the Design -Build
Firm shall be obligated to continue to perform the Work required regardless of whether the
Project Manager has issued a decision or whether the Design -Build Firm agrees or
disagrees with that decision.
With regard to an injunction, strike, or interference of public origin, which may delay the
Project, the Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm, 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 Design -Build Firm in default.
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65. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Design -Build Firm to the Project Manager 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 allows an
additional period of time to ascertain more accurate data in support of the claim and such
notice shall be accompanied by Design -Build Firm's written notarized statement that the
adjustment claimed is the entire adjustment to which the Design -Build Firm 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 in
accordance with Article 67, Design -Build Firm's Damages for Delay hereof, if City and
Design -Build Firm 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 Design -Build
Firm 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 Design -Build Firm employed by City,
fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.
66. Extension of Time not Cumulative
In case the Design -Build Firm shall be delayed for any period of time by two or more of
the causes mentioned in Article 68, Excusable Delays the Design -Build Firm 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.
67. Design -Build Firm's Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against the City due to any delays, except as provided herein.
Design -Build Firm shall not be entitled to an increase in the Contract price or payment or
compensation of any kind from City for direct, indirect, consequential, impact or other
costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any cause
whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Design -Build Firm
for actual delays due solely to fraud, bad faith or active interference on the part of City or
its Design Criteria Professional. Otherwise, Design -Build Firm 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
Design -Build Firm 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 Design -Build Firm agrees that any such claim shall be compensated solely by an
extension of time to complete performance of the Work. In this regard, the Design -Build
Firm 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
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failure to render determinations, approvals, replies, inspections or tests of the Work, in a
timely manner. Design -Build Firm shall not receive monetary compensation for City delays
( unless a court in a final order determines the City delay was solely due to a willful,
intentional and deliberate action of the City specifically intending to act in bad faith). Time
extensions may be authorized by the City in certain situations.
In the event excusable delays caused by the City exceed thirty (30) days in the aggregate,
the Design -Build Firm shall be entitled to an equitable adjustment to the Contract Term
and Contract Price.
68. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Design -Build Firm,
its Sub -Design -Build Firm's, subconsultants, subcontractors, suppliers and vendors, and
is also caused by circumstances beyond the control of the City or Consultant, or (ii) is
caused jointly or concurrently by Design -Build Firm or its Sub -Design -Build Firms,
subconsultants, subcontractors, suppliers or vendors and by the City. Then Design -Build
Firm shall be entitled only to a time extension and no compensation for the delay.
Design -Build Firm is entitled to a time extension of the Contract time for each day the
Work is delayed due to Excusable Delay. Design -Build Firm shall document its claim for
any time extension as provided in Article 65, Notification of Claim, hereof.
Failure of Design -Build Firm to comply with Article 65, 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.
69. 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 Design -Build Firm.
70. Uncovering Finished Work
The Project Manager's, and/or Inspector's right to make inspections shall include the right
to order the Design -Build Firm to uncover or take down portions of finished Work. The
Project Manager shall notify the Design -Build Firm in writing concerning all uncovered
finished Work. Should the Work prove to be in accordance with the Contract Documents,
the uncovering or taking down, the replacing, and the restoration of the parts removed will
be treated as Extra Work for 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 Design -Build Firm. 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 restoring at the Project site.
71 Correction of Work
Project Manager or Consultant shall have the authority to reject or disapprove Work that
Project Manager or Consultant finds to be defective. If required the Design -Build Firm 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 Design -
Build Firm shall bear all direct, indirect, and consequential cost of removing and/or
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correcting such rejected Work, including the cost of the City's additional services thereby
made necessary.
The Design -Build Firm further agrees that after being notified in writing by the Project
Manager of any Work not in accordance with the requirements of the Contract Documents
or any defects in the Work, the Design -Build Firm 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, and in the event
of failure to so comply, the Design -Build Firm does hereby authorize the City to proceed
to have such Work done at the Design -Build Firm's expense and that the Design -Build
Firm will pay the cost thereof upon demand. The City shall be entitled to all costs, including
reasonable attorneys' fees, necessarily incurred upon the Design -Build Firm'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 Design -Build Firm's expense, without prior
notice, all Work necessary to correct such hazardous condition when it was caused by
Work of the Design -Build Firm 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 Design -
Build Firm 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.
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.
72. Maintenance of Traffic and Public Streets
Scope of Work
■ The Design -Build Firm 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 Design -Build Firm's Bid.
Regulations
■ As used herein, any reference to Miami -Dade County, its departments, or its
published regulations, permits and data, shall be synonymous and
interchangeable with other recognized governing bodies over particular areas or
streets, or their departments, published regulations (i.e., Manual of Uniform Traffic
Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index Drawing
Book), permits or data. The Design -Build Firm shall abide by all applicable laws,
regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on
public streets, detour of traffic, traffic control and other provisions as may be
required for this Project.
Maintenance of Traffic (MOT)
■ The Design -Build Firm 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
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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, Traffic Division, or FDOT or as otherwise
authorized by the Project Manager or Consultant, the Design -Build Firm shall
arrange for the employment of uniformed off -duty police officers 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 Design -Build Firm shall provide all barricades with warning lights, necessary
arrow boards, and signs, to warn motorists of the Work throughout the Project.
Adequate approved devices shall be erected and maintained by the Design -Build
Firm 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 Design -
Build Firm shall provide necessary access to all adjacent property during
construction.
■ The Design -Build Firm 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 Design -Build Firm shall be
responsible for providing the Project Manager 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 Design -Build Firm and certified under FDOT Procedure NPIL No. 625-010-010.
■ Where excavations are to be made near 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 that 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 (305-592-3470).
■ Where applicable, the Design -Build Firm shall notify the Traffic Division 24 hours
in advance of the construction date or 48 hours in advance of construction within
any signalized intersection.
■ Temporary pavement will be required over all cuts in pavement areas, and also
where traffic is to be routed over swale or median areas. When the temporary
pavement for routing traffic is no longer necessary, it shall be removed and the
swale or median areas restored to their previous condition.
■ Pavement markings damaged during construction shall be remarked, as required
by the Traffic Division.
Maintenance of Traffic for Bypass Pumping
■ The Design -Build Firm shall take appropriate steps to ensure that all temporary
pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic.
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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.
73. 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 Design -Build Firm'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 Design -Build Firm because of discrepancies in
actual and plan location of utilities, and damages suffered as a result thereof.
The Design -Build Firm 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. The Design -Build Firm shall pay relocation of
water mains or other utilities for the convenience of the Design -Build Firm. All charges by
utility companies for temporary support of its utilities shall be paid for by the Design -Build
Firm. 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 Design -Build Firm
for utility relocations, whether or not said relocation is necessary to avoid conflict with other
lines.
The Design -Build Firm shall schedule the Work in such a manner that the utility providers
relocating or supporting their utilities do not delay the Work. The Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm. All such repairs made by the Design -
Build Firm 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
74. Stop Work Order
The City may, at any time, by written order to the Design -Build Firm, require the Design -
Build Firm 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 Design -
Build Firm, 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 Design -Build Firm, or within any extension to which the parties have
agreed the City shall either:
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■ Cancel the Stop Work Order; or
■ Terminate the Work covered by such order as provided in Article 82, 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 Design -Build Firm shall resume the Work without
compensation to the Design -Build Firm for such suspension other than extending the time
for Substantial Completion to the extent that, in the opinion of the Project Manager, the
Design -Build Firm may have been delayed by such suspension. In the event the Project
Manager or Consultant determines that the suspension of Work was necessary due to
Design -Build Firm's defective or incorrect Work, unsafe Work conditions caused by the
Design -Build Firm or any other reason caused by Design -Build Firm's fault or omission,
the Design -Build Firm shall not be entitled to an extension of time as a result of the
issuance of a Stop Work Order.
In the event Stop Work Orders exceed thirty (30) days taken together, the Design -Build
Firm shall be entitled to reasonable demobilization and remobilization costs. The City will
have sole discretion in determining reasonableness of the Design -Build Firm's request.
75. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Design -Build Firm, 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 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 Design -Build Firm to
additional Contract time as non-compensable, excusable delay, and shall not give rise to
a claim for compensable delay.
76. 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, Design -Build Firm shall be entitled to reasonable extra
compensation, or reasonable extension of time or both, as determined by Project
Manager.
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 Design -Build Firm in writing at least thirty (30) calendar
days prior to City's intended occupancy of a designated area.
■ Design -Build Firm 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.
■ Upon Project Manager'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.
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■ Design -Build Firm shall complete all items noted on the Certificate of Substantial
Completion within the time specified by Project Manager 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 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 Design -Build Firm 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 because of such
partial occupancy or use. Consent of Design -Build Firm and of the insurance
company or companies to such occupancy or use shall not be unreasonably
withheld.
77. Cleaning Up; City's Right to Clean Up
Design -Build Firm shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its operations. During construction, the Design -Build Firm
shall sprinkle with water, sweep, and use other means to eliminate dust annoyance to
adjacent properties. At the completion of a Project(s), Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm. If a dispute arises between
Design -Build Firm and separate Design -Build Firms as to their responsibility for cleaning
up, City may clean up and charge the cost thereof to the Design -Build Firms 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.
78. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever,
Design -Build Firm, if notified to do so by City, shall promptly remove any part or all of
Design -Build Firm's equipment and supplies from the property of City. If the Design -Build
Firm does not comply with City's order, the City shall have the right to remove such
equipment and supplies at the expense of Design -Build Firm.
79. Set -offs, Withholdings, and Deductions
The City may set-off, deduct, or withhold from any payment due the Design -Build Firm,
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 Design -Build Firm to the City.
The City shall notify the Design -Build Firm in writing of any such withholdings. Any
withholding, which is ultimately held to have been wrongful, shall be paid to the Design -
Build Firm in accordance with the Local Government Prompt Payment Act.
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80. Event of Default
An event of default shall mean a breach of the Contract or by the Design -Build Firm.
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 Design -Build Firm has not performed the Work in a timely manner;
■ The Design -Build Firm 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 Design -Build Firm has failed to make prompt payment to Sub Design -Build
Firm , Subconsultant or suppliers for any services or materials they have provided;
■ The Design -Build Firm has become insolvent or has assigned the proceeds
received for the benefit of the Design -Build Firm's creditors, or the Design -Build
Firm has taken advantage of any insolvency statute or debtor/creditor law or if the
Design -Build Firm's affairs have been put in the hands of a receiver;
■ The Design -Build Firm has failed to obtain the approval of the City where required
by the Contract;
■ The Design -Build Firm 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 Design -Build Firm's ability to perform the Work, the City shall notify
the Design -Build Firm 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 Design -Build Firm's ability to perform in accordance with the terms
of the Contract Documents. In the event that the Design -Build Firm fails to provide
to the City the requested assurances within the prescribed time frame, the City
may:
» Treat such failure as a repudiation of the Contract and/or;
• 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 Design -Build Firm
shall have no further recourse of any nature for wrongful termination.
81. Notice of Default -Opportunity to Cure
In the event that the City determines that the Design -Build Firm is in default of their
obligations under the Contract, the City may at its sole discretion notify the Design -Build
Firm, specifying the basis for such default, and advising the Design -Build Firm that such
default must be cured within a specified time frame or the Contract with the City may be
terminated. The City is under no obligation to issue such notification. The City may grant
an extension to the cure period if the City deems it appropriate and in the best interest of
the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion,
may have a default corrected by its own forces or another Design -Build Firm and any such
costs incurred will be deducted from any sums due the Design -Build Firm under any
contract with the City. The time to cure shall be reasonable, but under no circumstances
shall the time to cure be less than ten (10) days.
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82. Termination for Default
If Design -Build Firm fails to comply with any term or condition of the Contract Documents,
or fails to perform any of its obligations hereunder, then Design -Build Firm 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 Design -Build
Firm, terminate this Contract whereupon any advances for which Work has not been
performed, paid by the City to Design -Build Firm while Design -Build Firm 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. Design -Build Firm understands and agrees that termination of this Contract
under this Article shall not release Design -Build Firm from any obligation accruing prior to
the effective date of termination. Upon Termination for Default and the City fully satisfying,
all of its obligations under this Contract the City shall have full use of the Work Product in
connection with the City's completion and occupancy of the Project.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
■ Design -Build Firm fails to obtain the insurance or bonding herein required by the
Contract.
■ Design -Build Firm 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.
■ Design -Build Firm fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as required
by the Contract.
Where it has been determined that the Design -Build Firm has been erroneously
terminated under this Article, such termination shall be deemed to have been occurred
under Article 84, Termination for Convenience. The City in its sole discretion may
terminate the Contract without providing the Design -Build Firm a written notice to cure.
83. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Design -Build Firm 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 reasonably assessed damages.
The Design -Build Firm 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 Design -Build Firm's failure to
remove such items from the Project(s) site(s) as required.
The Design -Build Firm shall also remain liable for any liabilities and claims related to the
Design -Build Firm's default.
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction
84. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City
Manager may at any time, in its sole discretion, with or without cause, terminate the
Contract by written notice to the Design -Build Firm. Such Written Notice by the City
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Manager shall state the date upon which Design -Build Firm shall cease all Work under the
Contract and vacate the Project(s) site(s).
The Design -Build Firm 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 deliver the documentation
timely shall be enough cause to withhold any payments due without recourse by
Design -Build Firm until all documentation is delivered to the City.
In the event that the City Manager exercises its right to terminate the Contract pursuant to
the Contract Documents, the City will pay the Design -Build Firm:
■ 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 because 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 Design -
Build Firm.
■ All payments pursuant to this Article shall be accepted by the Design -Build Firm 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 Design -Build Firm.
■ Design -Build Firm shall not be entitled to recovering lost profits, overhead or
consequential damages because 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 Design -Build Firm under this Article,
the Design -Build Firm grants the City full use of the Work and any Work Product to
complete the Project and subsequently occupy the Project.
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85. Resolution of Disputes
Design -Build Firm understands and agrees that all disputes between it and the City based
upon an alleged violation of the terms of this Contract by the City shall be submitted for
resolution in the following manner.
The initial step shall be for the Design -Build Firm 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 Design -Build Firm and the Project Manager fail to resolve the dispute the
Design -Build Firm 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 Design -Build Firm and the Assistant Director -Contracts fail to resolve the
dispute the Design -Build Firm shall submit their dispute in writing within ten (10) calendar
days to the Director. Failure to submit such appeal of the written finding shall constitute
acceptance of the finding by the Design -Build Firm. Upon receipt of said notification, the
Director shall review the issues relative to the claim or dispute and issue a written finding.
Design -Build Firm must submit any further appeal in writing within ten (10) calendar days
to the City Manager. Failure to submit such appeal of the written finding shall constitute
acceptance of the finding by the Design -Build Firm. Appeal to the City Manager for his/her
resolution, is required prior to Design -Build Firm 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.
Design -Build Firm 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 because of the determination. Within sixty (60)
calendar days after Final Completion of the Work or Termination of the Contract, the
parties shall participate in NON -BINDING 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. The foregoing procedure consists of an
administrative remedy that must be employed in the event of a dispute. Mediation shall
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occur in Miami -Dade County, and each party shall bear half the costs of the Mediation
regardless of the outcome. Each party shall bear their own attorney's fees.
86. 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 Design -Build Firm agrees
to include such similar contract provisions with all Sub -Design -Build Firms retained for the
Work, thereby providing for non -binding mediation as the primary mechanism for dispute
resolution.
In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their
right to jury trial or to file permissive counterclaims in any action arising under this Contract.
87. 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.
88. Permits, Licenses, and Impact Fees
All applicable permit fees, and associated costs, including those assessed by the City, are
the responsibility of the City. 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 the Design -Build Firm pursuant to the Contract Documents
shall be secured and paid for by the City. It is Design -Build Firm'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.
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 Design -Build Firm 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 Design -Build Firm shall be for the actual amount and in no
event shall include profit or overhead of Design -Build Firm.
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Permit fees related the Design -Build Firm's operations (e.g. permits for dumpsters, job
trailers, etc.) are not reimbursable.
89. Compliance with Applicable Laws, Ethics, and Public Records Laws
The Design -Build Firm shall comply with all applicable laws, regulations, building,
planning, zoning, and construction codes of the Federal government, the State of Florida,
the County, and the City including the City Charter and the City Code.
The attention of the Design -Build Firm is directed to the requirements of the Florida
Building Code and the Codes of Miami -Dade County and the City of Miami, Florida,
governing the qualifications for Design -Build Firm and Sub -Design -Build Firm doing
business anywhere in the City.
The Design Build Firm shall comply with all Ethics Codes, Statutes, and Ordinances of the
State of Florida, Miami -Dade County, and the City of Miami. The Design —Build Firm shall
comply with the Public Records Act, Chapter 119, Florida Statutes, including without
limitation Florida Statute 119.0701, Florida Statutes, as applicable m, which provides:
Design -Build Firm shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keep and maintain public records that ordinarily and
necessarily would be required by the City to perform this service; (2) provide the public
with access to public records on the same terms and conditions as the City would at the
cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3)
ensure that public records that are exempt or confidential and exempt from disclosure are
not disclosed except as authorized by law; (4) meet all requirements for retaining public
records and transfer, at no cost, to the City all public records in its possession upon
termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements; (5) All electronically stored public
records must be provided to the City in a format compatible with the City's information
technology systems.
IF THE DESIGN -BUILD FIRM HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT
PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT
CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND
AVENUE, 9TH FL, MIAMI, FL 33130.
90. Independent Design -Build Firm
The Design -Build Firm is engaged as an independent business and agrees to perform
Work as an independent Design -Build Firm. In accordance with the status of an
independent Design -Build Firm, the Design -Build Firm covenants and agrees that the
Design -Build Firm will conduct business in a manner consistent with that status, that the
Design -Build Firm 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 Design -Build Firm's staff shall not be employees of the City, and the Design -Build
Firm 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
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or duty on the City on account of the Design -Build Firm's acts, omissions, liabilities or
obligations of those of any person, firm, company, agency association, corporation, or
organization engaged by the Design -Build Firm as a Sub Design -Build Firm s,
Subconsultants, expert, consultant, independent Design -Build Firms, 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 Design -Build Firm hereby agrees to indemnify defend at its
own cost and expense, and hold harmless the City against any such liabilities, even if they
arise from actions directed or taken by the City.
91. Third Party Beneficiaries
Neither Design -Build Firm nor City intends to benefit directly or substantially 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.
92. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated, or
assigned, in whole or in part, by the Design -Build Firm without the written consent of the
City. It is understood that a sale of the majority of the stock or partnership shares of the
Design -Build Firm, 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 invalid. The Design -Build Firm 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 Design -Build Firm 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 Contract.
93. Materiality and Waiver of Breach
City and Design -Build Firm agree that each requirement, duty, and obligation set forth in
this Contract Documents is substantial and important to the formation of the Contract
Documents and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of the Contract Documents. A waiver of any
breach of a provision of the Contract Documents shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of the
Contract Documents.
94. Severability
In the event the any provision of the Contract Documents or any sentence, section or
provision of any term therein, 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
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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.
95. Applicable Law and Venue of Litigation; Attorney's Fees
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. Each party shall bear their own respective attorney's fees. The court may
award the prevailing party court costs.
96. 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.
97. Entire Contract
The Contract Documents, as they may be amended from time to time, represent the entire
and integrated Contract between the City and the Design -Build Firm 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 a waiver of any other breach of any provision of the
Contract Documents.
98. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
Design -Build Firm 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
Contract. Design -Build Firm 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, Design -
Build Firm shall take affirmative steps to ensure nondiscrimination in employment against
disabled persons.
Design -Build Firm'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.
99. Evaluation
Design -Build Firm acknowledges that upon completion of the of the Work under the
Contract Documents and/or at any other time deemed appropriate by the City a
performance evaluation report will be completed by the City. A copy of each performance
evaluation shall also be forwarded to the Design -Build Firm. The performance evaluations
will be kept in City files for evaluation on future solicitations.
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100. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade
County and the State of Florida
Whenever two or more competitive sealed bids are received, one or more of which relates
to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade
County and the State of Florida, and whenever all things stated in such received bids are
equal with respect to price, quality, and service, the commodities manufactured, grown,
or produced within the City of Miami, Miami -Dade County and the State of Florida shall be
given preference.
101. Royalties and Patents
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.
102. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the
current contract period shall, unless terminated by mutual written agreement between the
City and the involved Design -Build Firm, continue until completion at the same prices,
terms and conditions.
103. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Design -Build Firm which relate in any way to the Project(s), and to any claim
for additional compensation made by Design -Build Firm, and to conduct an audit of the
financial and accounting records of Design -Build Firm which relate to a Project(s) and to
any claim for additional compensation made by Design -Build Firm 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, Design -Build Firm 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 Design -Build Firm agrees to maintain an accounting system that provides for
accounting records that are supported with adequate documentation and adequate
procedures for determining allowable costs.
Design -Build Firms shall develop the proper forms and reports acceptable to the City for
the administration and management of the Contract Documents.
104. No Interest
Any monies not paid by City when claimed to be due to Design -Build Firm under the
Contract Documents, including, but not limited to, 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.
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105. 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.
The City may deduct from any payment due the Design -Build Firm an amount equal to its
cost incurred on account of the Design -Build Firm's failure to fully perform its obligations
under the Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give
the Design -Build Firm notice of the defective Work, equipment or material and the basis
for the withholding or deduction.
Upon the Project Manager's determination that the Design -Build Firm has fulfilled its
obligations, the City will pay the Design -Build Firm any monies owed, subject to Design -
Build Firm's submission of, or compliance with, any remaining documentation or
obligation, as the case may be, in accordance with the Contract Documents.
106. Consent of City Required for Subletting or Assignment
If the Design -Build Firm assigns, transfers, sublets or otherwise disposes of the Contract
or its right, title or interest in or to the same or any part thereof , in whole or in part, 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 Design -Build Firm to assign monies due to, or to
become due or be construed to hinder, prevent, or affect any assignment by the Design -
Build Firm for the benefit of its creditors, made pursuant to applicable law.
107. Agreement Limiting Time in Which to Bring Action against the City
In the event the Design -Build Firm may be deemed to have a cause of action against the
City, no action shall lie or be maintained by the Design -Build Firm 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.
108. 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 Design -Build Firm shall
diligently render to the City, after additional compensation is mutually agreed upon, any
and all assistance, which the City may require of the Design -Build Firm.
109. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued
authorization for program activities and the Contract is subject to amendment or
termination due to lack of funds, reduction of funds and/or change in regulations, upon
thirty (30) days notice.
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110. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the
Contract, and the Design -Build Firm's submittals, shall constitute the Contract Documents
between the parties with respect hereto and supersedes all previous communications and
representations or agreements, whether written or oral, with respect to the subject matter
hereto unless acknowledged in writing by their duly authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any
third party that is not a parent or subsidiary of a party or otherwise related (by virtue of
ownership control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Design -Build Firm, 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 Design -Build Firm fails to diligently defend such claim, and
thereafter seek indemnity for such cost from the Design -Build Firm.
111. 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 Design -Build Firms in writing of such extensions.
112. Non -Exclusivity
It is the intent of the City to enter into a Contract with all Successful Proposer(s) 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 Design -Build Firm, or perform the Work with its own
employees.
113. Nature of the Contract
The Design -Build Firm shall provide the services set forth in the Contract Documents. The
Design -Build Firm shall provide full and prompt cooperation with the City in all aspects of
the Work to be performed.
The Design -Build Firm 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 Design -Build Firm shall perform the same as though they were
specifically mentioned, described, and delineated.
The Design -Build Firm 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.
114. 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.
115. 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
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conditions, herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
116. 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 Design -Build Firm 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.
117. Joint Preparation
Preparation of this Contract has been a joint effort of the City and Design -Build Firm and
the resulting document shall not, solely as a matter of judicial construction, be construed
more severely against one of the parties than any other.
118. Nondisclosure
To the extent allowed by law, Design -Build Firm agrees not to divulge, furnish or make
available to any third person, firm or organization, without Director or designee's prior
written consent, or unless incident to the proper performance of the Design -Build Firm's
obligations hereunder, or in the course of judicial or legislative proceedings where such
information has been properly subpoenaed, any non-public information concerning the
services to be rendered by Design -Build Firm hereunder, and Design -Build Firm shall
require all of its employees, agents, Sub -Design -Build Firms, subconsultants, and
subcontractors to comply with the provisions of this paragraph.
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SECTION 2 - SUPPLEMENTAL TERMS AND CONDITIONS
1. Scope of Work
Design -Build Firm shall, consistent with applicable state licensing laws, provide through
qualified, licensed design professionals employed by Design -Build Firm, or procured from
qualified, independent licensed design consultants, the necessary design services,
including architectural, engineering and other professional services, for the preparation of
the required drawings, specifications and other submittals to permit Design -Build Firm to
complete the Work consistent with the Contract Documents. Nothing in the Contract
Documents is intended or deemed to create any legal or contractual relationship between
City and any design or other consultants under contract to the Design -Build Firm.
2. Contract Time
The Design -Build Firm shall furnish al labor, materials, equipment, tools, services, and
incidentals to complete all Work required by the Design Criteria at a rate of progress that
will ensure completion of the Work within the Contract Time.
Design -Build Firm shall have five hundred and fifty (550) calendar days to achieve
Substantial Completion from the date of the Notice to Proceed is issued. The proposed
duration for design/permitting is seventy-seven (77) days, while the proposed duration for
construction is four hundred and seventy-three (473) days. Design -Build Firm shall have
an additional thirty (30) calendar days for Final Completion of the Contract. The Work shall
commence within ten (10) calendar days of Design -Build Firm's receipt of the Notice to
Proceed unless the parties mutually agree otherwise in writing.
The City anticipates providing a partial Notice to Proceed (NTP) for the selected team to
commence the engineering design. As the design progresses through the City review
process, and both the environmental and building permits are issued, the City Manager or
City Manager's designee will issue the required NTPs prior to the beginning of each phase.
3. Progress Payments
Design -Build Firm 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 Design -
Build Firm shall only use the City's Design -Build Firm Payment Application Form. 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 Design -Build Firm 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 4 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 Design -Build Firm within thirty (30) days after approval of Design -Build Firm's
application for payment.
Ten percent (10%) of all monies earned by Design -Build Firm shall be retained by City
until Substantial Completion is achieved for each Phase. From that point on and until Final
Acceptance by the City is achieved, and upon acceptable performance by the Design -
Build Firm, retainage by the City of all monies earned by Design -Build Firm may be
reduced to five percent (5%) for each Phase. 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.
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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 Design -Build Firm or City because of Design -Build Firm's
performance.
■ Failure of Design -Build Firm to make payments properly to Sub Design -Build Firm,
Subconsultant, or for material or labor.
■ Damage to another Design -Build Firm not remedied.
■ Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
■ Failure of Design -Build Firm to provide any and all documents required by the
Contract Documents.
In the event the City intends to withhold payment, the City shall, within the time required
for making payment, notify the Design -Build Firm in writing detailing the reasons therefore.
The City will pay, and the Design -Build Firm shall accept as full compensation for the
Work, the sums specified in the Design -Build Firm's submittal to the Contract Documents,
as accepted by the City.
Design -Build Firm 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 time of request for payment. Payment shall be conditioned upon
submission by the Design -Build Firm 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.
Design -Build Firm retains sole liability to replace such stored materials or equipment
because of damage or loss for any reason. Requests for payment that do not include the
updated Project Schedule will not be processed for payment.
4. Liquidated Damaqes
The Design -Build Firm is obligated and guarantees to complete the Project in the time set
forth in the Contract Documents, or any approved extension of time to which the Design -
Build Firm is entitled. In the event of a delay in completion beyond the timeframe set forth
in the Contract Documents for Substantial Completion the Design -Build Firm shall pay to
the City for each and every calendar day of unexcused delay, the sum of one thousand
dollars ($1,000) 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 Design -Build Firm shall pay to the City
for each and every calendar day of unexcused delay, the sum of five hundred dollars
($500) per calendar day, which is hereby agreed upon not as a penalty but as liquidated
damages. The City shall notify the Design -Build Firm that it is incurring liquidated
damages.
The Design -Build Firm shall also 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 Design -Build Firm under any contract the
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Design -Build Firm 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 Design -
Build Firm shall pay the difference upon demand by the City. Should the Design -Build Firm
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.
5. Schedule of Values
The Design -Build Firm must submit three copies of a Schedule of Values, which must be
submitted within ten (10) calendar days of the issuance of the Notice of Award. The
Schedule of Values shall indicate a complete breakdown of labor and material of all
categories of Work on the Project. Design -Build Firm'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 Design -Build Firm's
submittal The City reserves the right to require such information from the Design -Build
Firm 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
Design -Build Firm Payment Application Form.
6. Project Schedules
Design -Build Firm shall submit a proposed design -build Project schedule, with any sub -
schedules of related activities that are essential to its progress, within ten (10) working
days of the Notice of Award and such submittal shall be subject to the Project Manager
and Consultant's review, comment, and acceptance. Subsequent to such review of said
schedule, the Design -Build Firm shall establish said schedule as the baseline schedule.
All Project Schedules shall be prepared in Microsoft Project 2003 or earlier unless
otherwise approved by the Project Manager. At the time of submission of schedules,
Design -Build Firm shall submit a hard copy as well as an electronic version. Such
electronic version shall not be submitted in a .pdf format and shall be capable of being
incorporated in to the City's baseline schedules. Maximum sheet size shall be 24 x 36
inches.
The design build 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 path in
chronological order. Provide horizontal time scale in weeks from the start of construction
and identify the first workday of each month. Identify listings of any major equipment
installation milestones.
A. Content of Schedules; show or indicate the following:
1. Complete sequence of design by activity reflecting the Subconsultant
responsible for the activity.
2. Complete sequence of construction by activity reflecting the Design -Build
Firm or Sub Design -Build Firm responsible for each activity
3. Dates for the beginning and completion of each major element of design and
construction in no more than a two -week incremental scale.
4. Items of work that must be accomplished to achieve substantial completion.
a. Major disciplines or trades of work
b. Filter downtime
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c. Time required for Design -Build Firm's submittals, fabrication, and
deliveries.
d. Time required by Design -Build Firm and the City to review all
submittals.
e. Time required by City to support any pre -operational and start-up
testing.
f. Time required for the relocation of utilities, if required.
g. Activities performed by Design -Build Firm.
5. Percentage of completion for each item as of the date the schedule was
prepared.
6. Dates for Design -Build Firm's submittals.
7. Dates for any required City -furnished materials or equipment.
8. Dates accepted submittals would be required from the City.
In addition, the Design -Build Firm shall provide:
1. 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
2. Provide a 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.
All updates of schedules shall be tracked against the baseline schedule and shall be at a
minimum submitted with each pay application together with any updates to the long lead
items list and the dollar cash flow spend down. An updated schedule against the baseline
shall also be submitted upon execution of each change order that affects the Contract
Documents Time for completion. Failure to submit such schedules shall result in the
rejection of any submitted payment application.
Subsequent to review of the initial schedule submission, the Design -Build Firm shall
establish the reviewed schedule as the "baseline schedule." Design -Build Firm shall then
prepare and submit all updates to the schedules utilizing the tracking mode within
Microsoft Project.
7. Release of Liens/Sub Design -Build Firm's Statement of Satisfaction
The Design -Build Firm 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 pass to the City upon the receipt of such payment by the Design -Build Firm,
free and clear of all liens, claims, security interests or encumbrances and that no Work,
materials or equipment will have been acquired by the Design -Build Firm 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 Design -Build Firm or such
other person.
The Design -Build Firm shall, beginning with the second request for payment, attach a
Partial Release of Lien/Sub-Design-Build Firm, Subconsultant 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 -Design -Build Firm, Subconsultant where no release of lien has been submitted. The
Design -Build Firm shall submit with the final payment request, for any Project(s) where
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Sub -Design -Build Firm, and/or Subconsultant have performed Work, a Final Release of
Lien/Sub-Design-Build Firm, and Subconsultant Statement of Satisfaction for each Sub
Design -Build Firm, Subconsultant 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 -Design -Build Firm, and/or Subconsultant claims.
Where the Design -Build Firm has submitted a Performance/Payment Bond the Design -
Build Firm may, in lieu of the Release of Lien/Sub-Design-Build Firm, Subconsultant
Statement of Satisfaction, submit Consent of Surety to Requisition Payment.
8. Progress Meetinqs
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Design -Build Firm shall hold progress and coordination meetings as required by the
Project Manager or Consultant, to provide for the timely completion of the Work. All
progress meetings will be held at Dinner Key Marina, 3400 Pan American Dr., 3rd Floor,
Conference Room 314, Miami, FL 33133.
Design -Build Firm shall arrange and conduct regular bi-weekly job site Project status
meetings with the Project Manager and/or Consultant. Design -Build Firm 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
understand clearly. During these meetings, Design -Build Firm shall identify the party or
parties responsible for following up on any problems, delay items, or questions, and
Design -Build Firm shall note the action to be taken by such party or parties. Design -Build
Firm shall revisit each pending item, including RFIs and Shop Drawing, at each
subsequent meeting until resolution is achieved. Design -Build Firm shall attempt to obtain
from all present any potential problems or delaying event known to them for appropriate
attention and resolution. Design -Build Firm shall be responsible for keeping minutes of the
meeting and distribution of the minutes to all parties in attendance.
The Design -Build Firm shall arrange for the participation of its Sub -Design -Build Firm's,
Subconsultants, and/or vendors when the Project Manager requires their presence.
The Design -Build Firm shall maintain minutes of the meeting and distribute copies of the
minutes to all parties in attendance. The Design -Build Firm shall prepare and distribute to
Project Manager and the Consultant an updated two -week look -ahead schedule of
construction activities and submittals.
9. Request for Information
The Design -Build Firm shall submit a Request for Information (RFI) where the Design -
Build Firm 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, Design -Build Firm shall include its recommendation for resolution. The
Engineer and City shall respond in writing. The City intends to use its best faith efforts to
respond to all RFIs within seven (7) days.
10. Project Site Facilities
The Design -Build Firm 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).
Design -Build Firm's, Sub -Design -Build Firm's, supplier's, material persons 's personnel
shall not use the City restrooms that may be available at the Project(s) site without the
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prior consent of the manager of the facility or the Project Manager where there is no
manager of a facility. The Design -Build Firm 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 Design -Build Firm, his employees or his Sub -
Design -Build Firm's or subconsultants shall commit no public nuisance or use any facilities
that have not been specifically provided for use by the Design -Build Firm.
The Design -Build Firm shall furnish an adequate supply of drinking water for its and its
Sub -Design -Build Firms' employees.
There shall be adequate provisions made by the Design -Build Firm 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.
11. Temporary Facilities, Utilities, and Construction
Subject to the prior customary approval of any affected utility, copies of which must be
submitted in advance to the Project Manager. Design -Build Firm 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. The Design -Build Firm shall make
all arrangements with the local utility companies. The Design -Build Firm shall also be
responsible for furnishing 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.
Design -Build Firm 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 Design -Build Firm shall be required to obtain all necessary permits required for any
Project(s) site facilities and utilities. Design -Build Firm shall also be responsible to
maintain such facilities in a safe and working condition. Design -Build firm 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 Design -Build Firm and the Design -
Build Firm 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 Design -Build Firm 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.
Responsibility for Temporary Structures: in accepting this Contract, the Design -Build Firm
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,
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suits or actions and damages or costs of every description arising by reason of failure to
comply with the above provisions.
12. Project Laboratory Testing Services
The Design -Build Firm shall provide and pay for all Project Laboratory Testing Services to
perform regulatory required testing, quality assurance, and quality control testing. The
Design -Build Firm is also responsible for all re -testing where the Work or materials fail a
test.
The City at its sole discretion may conduct separate independent testing for verification
purposes. In instances where the City's testing does not verify the testing provided by the
Design -Build Firm, the Design -Build Firm shall arrange for re -testing of the Work or
replacement of the Work at its own cost. Where the Design -Build Firm has re -testing
performed, the City's Project Manager shall be notified in advance of such testing. Should
such testing confirm the City's findings the Design -Build Firm shall replace or correct all
Work necessary to ensure compliance with the Contract Documents. In such instances all
re -testing, re -work, and delays are the sole responsibility of the Design -Build Firm. Any
delays or costs to the Design -Build Firm for testing or re -work that may result shall not
form the basis for any claim by the Design -Build Firm. Design -Build Firm shall be
responsible for the costs associated with all testing by the City where the Work is found to
not comply with the Contract Documents. Costs for such retests shall be deducted from
pending invoices.
13. 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 Design -Build Firm shall have the right to erect fencing to
prevent public access as reasonably required, with prior written approval by the City. The
Design -Build Firm 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 Design -Build Firm shall be
responsible for the repair or replacement of all Work such materials, tools, and equipment.
14. Construction Signage
Where required by the Contract Documents the Design -Build Firm shall provide
construction signage.
The City shall provide the Design -Build Firm the wording and layout for the signs at the
pre -construction conference. The Design -Build Firm shall furnish the two City signs at the
Project(s) Site(s) as follows:
■ The first sign must be 4 feet wide and 8 feet high and constructed of pressure
sensitive 2-mil cast vinyl over mounted 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.
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■ The Design -Build Firm 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. Design -Build Firm 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.
15. Lines and Grades
The Design -Build Firm shall, at its own expense, establish all working and construction
lines and grades as required for the Project and shall be solely responsible for the
accuracy thereof.
16. Report on Foreign Nationals Working in the United States
The Design -Build Firm shall submit with each payment application a report on the number
of its employees, and the number of employees for each Subconsultant and Sub -Design -
Build Firm, who are working under immigrant or non-immigrant visas. Failure to provide
this information with the payment application may result in a delay in processing the
payment application.
17. Progress Photos
Prior to commencement of the Work, the Design -Build Firm will take digital photographs
to document existing conditions. Design -Build Firm shall submit these photos on CD-ROM
and printed copy with its first payment application Design -Build Firm shall periodically take
digital construction record photographs to document the progress, including final
completion, of the Work and shall be submitted on CD-ROM and printed copy with each
application for payment. All pictures must be digitally date and time stamped. Printed
photo must be on 8"x10" high -resolution glossy single weight color print paper.
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SECTION 3 — DESIGN SERVICES
1. Design Responsibility
Firms licensed to perform such services in accordance with all applicable Florida Statute
and the requirements of the State of Florida Department of Professional Regulation shall
provide all Professional Services. Design -Build firm shall be solely responsible for all
aspects of the design of this Project and shall be responsible for supervision and
management of the firm(s) providing Professional Services under this Contract. Nothing
contained in this Contract shall create any contractual or business relationship between
the City and the Consultant. The Design -Build Firm acknowledges that Subconsultants
are entirely under it's or the Consultants direction, control, supervision, retention and/or
discharge.
2. Subconsultants
All services provided by the Subconsultants shall be performed pursuant to appropriate
written agreements between the Consultant and the Subconsultants, which shall contain
provisions that preserve and protect the rights of the City under this Contract. Nothing
contained in this Contract shall create any contractual or business relationship between
the City and the Subconsultants. The Consultant acknowledges that Subconsultants are
entirely under its direction, control, supervision, retention, and/or discharge
The Design -Build Firm shall not add, modify, or change the Consultant or any
Subconsultant listed in Form A without prior written approval by the Director or designee,
in response to a written request from the Design -Build Firm stating the reasons for any
proposed substitution.
3. Ownership of Documents
All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared
or obtained under this Contract, as well as all data collected, together with summaries and
charts derived therefrom, including all electronic digital copies will be considered works
made for hire and will, based on incremental transfer wherein the above shall become the
property of the City upon payments made to the Design -Build Firm or termination of this
Contract without restriction or limitation on their use, and will be made available, on
request, to City at any time during the performance of such services and/or upon
completion or termination of this Contract.
Consultant and/or the Design -Build Firm shall not copyright any material and products or
patent any invention developed under this Contract. The City shall have the right to visit
the site for inspection of the Work and the products of Consultant at any time.
The Consultant shall be permitted to retain copies, including reproducible copies, solely
for information and reference in connection with the City's use and occupancy of the
Project.
4. Delivery upon Request or Cancellation
Failure of the Consultant to promptly deliver all such documents, both hard copy and
digital, to the Director or designee within ten (10) days of cancellation, or within ten (10)
days of request by the City, shall be just cause for the City to withhold payment of any
fees due Consultant until Consultant delivers all such documents. Consultant shall have
no recourse from these requirements.
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5. Error and Omission Issues
Design -Build Firm is solely responsible for the coordination of the drawings and
specifications and is solely responsible for all costs resulting from any errors and/or
omissions in the drawings and specifications.
6. Design -Build Firm's Key Staff
The parties acknowledge that Design -Build Firm was selected by City, in part, on the
basis of qualifications of particular staff identified in Design -Build Firm's response to City's
solicitation, hereinafter referred to as "Key Staff." Design -Build Firm shall ensure that Key
Staff, including Consultant and Subconsultant Key Staff are available for Work hereunder
as long as said Key Staff is in Design -Build or Consultant's employ. Design -Build Firm will
obtain prior written acceptance of Director or designee to change Key Staff. Design -Build
Firm shall provide Director, or designee with such information as necessary to determine
the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key
Staff qualifications. Such acceptance shall not constitute any responsibility or liability for
the individual's ability to perform. Key Staff shall be listed Key Staff in Form B
7. Truth -In -Negotiation Certificate
By executing the Contract, the Design -Build Firm certifies that wage rates and other
factual unit costs supporting the cost of the Project are accurate, complete, and current at
the time of Notice to Proceed. The original Project price and any addition thereto will be
adjusted to exclude any significant sums by which the City determines the Contract Price
was increased due to inaccurate, incomplete, or non -current wage rates and other factual
unit costs. All such price adjustments will be made within 1 year following the end of the
Project.
8. Re -Use by City
It is understood that all Design -Build contract and/or Work Orders for new design Work
will include the provision for the re -use of plans and specifications, including construction
drawings, at the City's sole option, and by virtue of signing this Contract the Design -build
Firm and the Consultant agrees to such re -use in accordance with this provision without
the necessity of further approvals, compensation, fees or documents being required and
without recourse for such re -use. The Design -Build Firm and Consultant will not be liable
for re -use by the City of plans, documents, studies, or other data for any purpose other
than that intended by the terms and conditions of this Contract.
9. Scope of Services
The Design -Build Firm agrees to provide comprehensive professional services in
accordance with all applicable law and building and environmental regulations, including
the Florida Building Code, FDOT standards, and the City of Miami, Florida, Code of
Ordinances, and as set forth in the Contract Documents. Design -Build Firm shall furnish,
as Basic Services, comprehensive professional services for the Projects including, but not
limited to those described in Article 10, Basic Services.
10. Basic Services
Design -Build Firm agrees to provide complete Professional Services as set forth in the
tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition,
all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Design -
Build Firm shall maintain an adequate staff of qualified personnel on the Work at all times
to ensure its performance as specified in the Contract.
Design -Build Firm shall submit at least one (1) electronic set of all documents and five (5)
copies of documents required under this Article, without additional charge, for review and
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approval by City. Design -Build Firm shall not proceed with the next task of the design
Work until the documents have been approved, in writing, by City, and an Authorization to
Proceed with the next task has been issued by City.
These services, hereinafter referred to as "Basic Services" are summarized as follows:
10.1 Development of Objectives
Design -Build Firm shall confer with representatives of City, the Project Manager,
and other jurisdictional agencies to develop several options for how the various
elements of the project will be designed and constructed based on the scope of
services.
10.2 Construction Documents
Design -Build Firm shall produce 50%, 90%, and Final Construction Documents
(100%) for review and approval by City, which shall include the following:
■ Design -Build Firm shall not proceed with further construction document
development until approval of the previously submitted documents is
received in writing from City. Approval by City shall be for progress only
and does not relieve Design -Build Firm of its responsibilities and liabilities
relative to code compliance and to other covenants contained in this
Contract. Design -Build Firm shall resolve all questions indicated on the
documents and make all changes to the documents necessary in response
to the review commentary. The previously submitted documents review
(check) set shall be returned to City upon submission of subsequent
submittal and Design -Build Firm shall provide an appropriate response to
all review comments noted on these previously submitted documents.
■ Design -Build Firm shall submit four (2) full size copies of the drawings and
specifications, and one digital copy in .pdf format, plot, and .dwg formats.
■ Permitting: The Design -Build Firm shall file and follow-up for building
permits at the earliest practicable time during the performance of the Work,
the necessary portions of the Construction Documents for approval by
City, County, State and/or Federal authorities having jurisdiction over the
Project by law or contract with the City, and must coordinate in obtaining
any such applicable certifications of permit approval by such authorities
prior to approval by CITP of the final set and printing of the Construction
Documents for the applicable portion of the Work. The Design -Build Firm
shall promptly, at any time during the performance of the Work hereunder,
advise the City of any substantial increases in costs set forth in the
Statement of Probable Construction Cost that in the opinion of the Design -
Build Firm is caused by the requirement(s) of such reviews by the
permitting entities.
Upon completion of dry run permitting by the permitting entities, the Design -
Build Firm shall provide two (2) full size sealed copies of the drawings and
specifications. By the permitting entities shall also provide digital versions
of the drawings in .dwg, and .pdf formats. The specification additional terms
and conditions shall be provided in both .pdf and .doc formats.
10.3 Administration of the Construction Contract
10.3.1 The Construction Phase will begin upon commencement of construction
and will end when the Design -Build Firm has provided to the City all post
construction services, including documents, As -Built drawings, Design -Build Firm's
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record drawings, warrantees, guarantees, operational manuals, and Certificate(s)
of Occupancy have been delivered to the City and the City approves the final
payment to the Design -Build Firm. During this period, the Design -Build Firm shall
provide administration of the construction contract as provided by this Contract,
and as provided by law.
10.3.2 The Consultant, as the representative of the City during the Construction
Phase, shall advise and consult with the City and shall have the authority to act on
behalf of the City to the extent provided in the General Conditions and the
Supplementary Conditions of the construction contract and their agreement with
the City.
10.3.3 The City or its, respective representatives shall visit the site to conduct
field observations, at a minimum on a weekly basis, and at all key construction
events; to ascertain the progress of the Project and shall visit the site as
appropriate to conduct field inspections to ascertain the progress of the Project
and determine, in general, if the Work is proceeding in accordance with the
Contract Documents. The Consultant shall provide any site visits necessary for
certification if required by the authorities having jurisdiction. Threshold inspection
shall be provided by the Design -Build Firm at no additional cost to the City. The
City or its representatives shall report on the progress the Work, including any
defects and deficiencies that may be observed in the Work. The Consultant will be
responsible for writing minutes of all meetings and field inspections report, as well
as the distribution of the minutes. Consultant and Subconsultants will not be held
responsible for construction means, methods, techniques, sequences, or
procedures, or for safety precautions and programs in connection with the Work.
10.3.4 The Project Manager shall furnish the City with a written report of all
observations of the Work made by the Design Build Firm. The Consultant shall
also note the general status and progress of the Work on forms furnished or
approved by the City. The Consultant shall submit the reports by weekly. The
Project Manager shall ascertain that the Work is acceptable to the City. The Project
Manager will determine if the Work is being performed in accordance with the
scope of services. The Project Manager shall assist in ensuring that the Design -
Build Firm is making timely, accurate, and complete notations on the "as -built"
drawings. Copies of the field reports shall be submitted on a monthly basis. The
Design -Build Firm's failure to provide written reports of all site visits or minutes of
meeting shall result in the rejection of payment requests by the Design -Build Firm
and may result in a proportional reduction in Construction Administration fees paid
to the Design -Build Firm.
10.3.5 Based on observations at the site and consultation with the City, the
Consultant shall determine the amount due the Design -Build Firm based on the
approved schedule of values and shall recommend approval of such amount as
appropriate. This recommendation shall constitute a representation by the
Consultant to the City that, to the best of the Consultant's knowledge, information
and belief, the Work has progressed to the point indicated and that, the quality of
the Work is in accordance with the Contract and the Design -Build Firm is entitled
to amount stated on the requisition subject to:
■ A detailed evaluation of the Work for conformance with the contract upon
substantial completion;
■ The results of any subsequent tests required by the contract;
■ Minor deviations from the contract correctable prior to completion;
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■ Any specific qualifications stated in the payment certificate and further that
the Design -Build Firm is entitled to payment in the amount agreed upon at
a requisition site meeting or as stated on the requisition.
Prior to recommending payment to the Design -Build Firm, the Consultant will
prepare a written statement to the City on the status of the Work relative to the
Construction Schedule, which shall be attached to the Design -Build Firm's
payment application. Such statement shall be prepared immediately following the
requisition field meeting. By recommending approval of a Payment Certificate, the
Consultant shall not be deemed to represent that the Consultant has made any
examination to ascertain how and for what purpose the Design -Build Firm has
used money paid on account of the Construction Contract Price.
10.3.6 The Consultant shall be the interpreter of the requirements of the
Contract Documents and the judge of the performance thereunder. The Consultant
shall render interpretations necessary for the proper execution or progress of the
Work upon written request of either the City or the Design -Build Firm, and shall
render written decisions, within maximum of ten (10) calendar days, on all claims,
disputes and other matters in question between the City and the Design -Build Firm
relating to the execution or progress of the Work. Interpretations and decisions of
the Consultant shall be consistent with the intent of and reasonably inferable from,
the Contract Documents and shall be in written or graphic form.
10.3.7 The Consultant shall have the authority to recommend rejection of Work,
which does not conform to the Contract Documents. The Project Manager has the
authority to reject Work where such Work does not comply with the project
specifications. Whenever, in his/her reasonable opinion, the Consultant considers
it necessary or advisable to insure compliance with the Contract Documents, the
Consultant will have the authority to recommend special inspection or testing of
any Work deemed to be not in accordance with the Contract, whether or not such
Work has been fabricated and/or delivered to the Project, or installed and
completed.
10.3.8 The Consultant shall promptly review and approve, reject or take action
on shop drawings, samples, RFIs and other submissions of the Design -Build Firm.
Changes or substitutions to the construction documents shall not be authorized
without concurrence of the City's Project Manager and/or Director of Capital
Improvements. The Consultant shall upon receipt of shop drawings, samples,
RFI's or other submittals by the Design -Build Firm, timely review and return the
shop drawings or submittals to the Design -Build Firm with comments indicating
either approval or disapproval, with a copy to the Project Manager. Consultant shall
provide the Design -Build Firm and the Project Manager with a detailed written
explanation as to the basis for rejection.
10.3.9 The Consultant shall initiate and prepare required documentation for
changes as required by the Consultant's own observations or as requested by the
City, and shall review and recommend action on proposed changes. Where the
Design -Build Firm submits a request for Change Order or Change Proposal
request, the Consultant shall, within ten (10) calendar days, review and submit to
the City, his/her recommendation or proposed action along with an analysis and/or
study supporting such recommendation.
10.3.10 The Consultant in conjunction with the City shall examine the Work upon
receipt of the Design -Build Firm's request for substantial completion inspection of
the Project and shall, prior to acceptance by the City, recommend execution of a
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"Certificate of Acceptance for Substantial Completion after first ascertaining that
the Project is substantially complete in accordance with the contract requirements.
The Consultant shall in conjunction with representatives of the City and the Design -
Build Firm prepare a punch list of any defects and discrepancies in the Work
required to be corrected by the Design -Build Firm in accordance with Florida
Statute 218.735. Upon satisfactory completion of the punch list, the Consultant
shall recommend execution of a "Certificate of Final Acceptance" and final
payment to the Design -Build Firm. Upon satisfactory completion of all items on the
punch list all necessary closeout documentation shall be submitted by the Design -
Build Firm, including but not limited to all guarantees, releases of liens/claims and
such other documents and certificates as may be required by applicable codes,
law, and the Contract before final acceptance shall be issued to the Design -Build
Firm.
10.3.11 The Consultant shall review the Design -Build Firm's "as built" drawings
and submit them to the City upon approval by the Consultant. The Design -Build
Firm is responsible for preparing the "as built" drawings.
10.3.12 The Design -Build Firm shall furnish to the City the original documents,
including drawings, revised to "as -built" conditions. In preparing the "Record Set"
documents, any certification required under this Contract including the contents of
"as -built" documents, is conditioned upon the accuracy of the information and
documents provided by the Design -Build Firm. The original documents as well as
the "Record Set" shall become the property of the City. A reproducible set of all
other final documents will be furnished to the City free of charge by the Design -
Build Firm. The Design -Build Firm shall furnish to the City one complete set of
"Record Set Drawings," in Auto CADD Version 2000 or such other format
acceptable to the City.
11. Basis of Design
It is imperative that the City understands the implications of design decisions made during
the design process. Especially in the early stages of design, it is important that the Design -
Build Firm provide insights into the implications of a given choice,
12. Additional Design Services
Additional design services shall be handled as a Change Order to the Contract. Additional
Design Services shall be for the provision of Professional Services requested by the City
that were not included in the approved design documents or within the Basic Services
contained in the Contract. Upon request by the City, the Design -Build Firm will prepare
and submit a Change Order Proposal, which shall include the deliverables and costs. The
breakdown of the costs shall be provided on the City' Work Order Form spreadsheet.
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SECTION 4 - CONTRACT EXECUTION FORM
THIS Contract (contract number) made this day of in the year 2019
by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and (name of
Design -Build Firm)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
WITNESS/ATTEST: KEARNS CONSTRUCTION, CO., a
Florida Corporation
Signature Signature
Print Name, Title Print name, Title of Authorized Officer or
Official
ATTEST: (Corporate Seal)
Design -Build Firm's Secretary
(Affirm Design -Build Firm's Seal, if
available)
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Ann Marie Sharpe, Director Victoria Mendez, City Attorney
Risk Management Department
ATTEST: CITY OF MIAMI, a municipal corporation
of the State of Florida
Todd B. Hannon, City Clerk Emilio T. Gonzalez, Ph.D., City Manager
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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)
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FORM OF PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, We , as Principal,
hereinafter called Design -Build Firm, 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 Design -
Build Firm and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Design -Build Firm has by written agreement entered into a Contract, RFP No:
18-19-005, 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 Design -Build Firm:
1. Performs the Contract between Design -Build Firm 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 Design -Build Firm 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 Design -Build Firm 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
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
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FORM OF PERFORMANCE BOND (Page 2 of 2)
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 Design -Build Firm under the Contract and any amendments thereto,
less the amount properly paid by City to Design -Build Firm.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
By:
Design -Build Firm
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
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FORM OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We , as Principal,
hereinafter called Design -Build Firm, 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
Design -Build Firm and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally.
WHEREAS, Design -Build Firm has by written agreement entered into a Contract, RFP No.
18-19-005, 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 Design -Build Firm:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Design -Build Firm 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 Design -Build Firm in the
performance of the Contract;
THEN DESIGN -BUILD FIRM'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 Design -Build Firm and who
has not received payment for its labor, materials, or supplies shall, within forty-
five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the Work, furnish to Design -Build Firm a notice that he intends to
look to the bond for protection.
2.2 A claimant who is not in privity with Design -Build Firm 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 Design -Build Firm 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 Design -
Build Firm 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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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:
Design -Build Firm
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
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CERTIFICATE AS TO CORPORATE PRINCIPAL
, 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.
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE
(SEAL)
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 Design -Build Firm named therein in favor of
City.
Subscribed and Sworn to before me this day of , 20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
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PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(Design -Build Firm, 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 (Design -Build
Firm, applicant, customer) agreed upon by and between the City of Miami, Florida and
(Design -Build Firm, 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 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the
City of Miami with written notice of our intent to terminate the credit herein extended, which notice must
be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed
one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the
Design -Build Firm'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
(Design -Build Firm, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a
conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should
arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law
should arise, Florida law shall prevail.
Authorized Signature
Design -Build Services for the Dinner Key Marina 90 RFP No. 18-19-005
Repairs and Restoration Project
FORM A - SUBCONSULTANTS/SUBCONTRACTORS
FIRM NAME
SCOPE OF WORK
THIS SECTION INTENTIONALLY LEFT BLANK
Design -Build Services for the Dinner Key Marina 91 RFP No. 18-19-005
Repairs and Restoration Project
FORM B - KEY STAFF
NAME
JOB CLASSIFICATION
THIS SECTION INTENTIONALLY LEFT BLANK
Design -Build Services for the Dinner Key Marina 92 RFP No. 18-19-005
Repairs and Restoration Project
Attachment C
BID BOND FORM (Page 1 of 3)
State of Florida )
County of Dade )SS
City of Miami
KNOWN ALL PERSONS BY THESE PRESENTS, that Kearns Construction Company
Principal, Hartford Fire Insurance Company
as Surety,
are held and firmly bound urito " The Gilof 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.
Five Percent of Amount Bid
THE CONDITION OF THIS OBLIGATION IS SUCH, that Whereas the Principal has
March 18 19
submitted the accompanying Bid, dated , 20 , for
DE ON BUILD•SERVICES FOR DINNER KEY MARINA
REPAIRS AND RESTORATION PROJECT
RFP NO. 1849.005
NOW THEREFORE:
(a)
If the principal shall not withdraw said Bid within one hundred eighty (180) days after date
of opening the same, and shall within ten (10) days after the prescribed forms are
presented to him for signature, enter into a written contract with the City, in accordance
with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as
may be required, for the faithful performance and proper fulfillment of such contract; or,
(b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter
into such contract and give such bond within the time specified, if the principal shall pay
the City the difference between the amount specified in said Bid and the amount for which
the City may procure the required Work and supplies, if the latter amount be In excess of
the former, then the above obligation shall be void and of no effect, otherwise to remain in
full force and virtue,
BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their
several seals, this lsth day of March 2019 , the name 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 a Sole Ownership,
Partnership, or Joint Venture, two (2)
Witnesses are required.
If a Corporation, only Secretary will
attest and affix seal)
PRINCIPAL:
Kearns Construction Company
(Name of Firm)
Affix
Seal
(Signature of Authorized Officer)
(Title)
2550 South Bayshore Drive, Suite 2068
(Business Address)
Miami, Florida 33133
City State ZIP Code
Surety
Hartford Fire Insurance Company
(Corporate Surety)
61
Affix
_, Seat
Surety Seetary (Signature of Authorized Dealer)
Charles J. Nielson, Attorney -in -fact
(Title)
One Hartford Plaza
(Business Address)
Hartford, CT 06155
City State ZIP Code
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,«fvt� s t✓ 11- certify that I am the Secretary of
tly CorpoTt.1ion named as Principal in the within bond; that
.� �+ h of said corporation; that I ow his signature, and the
signature hereto is genuine; and that said bond was duly signed, s:�led ; d attested for and in
behalf of said corporation by authority of its govern+ g body.
STATE OF FLORIDA
COUNTY OF DADE
CITY OF MIAMI
) SS
)
(Corporate Seal)
Before me, a Notary Public duly commissioned, and qualified, personally
appeared Charles J. Nielson to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney -in -fact, for the
Hartford Fire Insurance Company and that he/she has been authorized by
Hartford Fire insurance Company 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 March 18
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
ntary Public,
Florida at Large
A.
tip` v�G \5Ro w& ;-. �/s� My Comy mission Expires:
•
2' �Q 656' `;off
a '. qGG m
1 .2°4„ Bonded!pe`.•
C: '•.�publicu" • Q� �� l'i
4%/1/111in MO
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT:
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-12
One Hartford Plaza
Hartford, Connecticut 06155
bond.claims(a?thehartford.com
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 21-229752
Lx I Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
X
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Charles J. Nielson, Mary C. Aceves, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover
of
Miami Lakes, FL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on March 1, 2016 the Companies
have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
John Gray, Assistant Secretary
STATE OF CONNECTICUT
SS.
COUNTY OF HARTFORD
On this 5th day of April, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
Hartford
M. Ross Fisher, Senior Vice President
Nora M. Stranko
Notary Public
CERTIFICATE My Commission Expires March 31, 2023
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 18, 2019 .
Signed and sealed at the City of Hartford.
Kevin Heckman, Assistant Vice President
KEARNS
CONSTRUCTION CO • CGC 060194
Request for Proposal No. 18-19-005
Design Build Services for Dinner Key Marina Repairs
And Restoration Project
Step 2 Proposal — Envelope 2
Mr. Todd Hannon, City Clerk
City of Miami
Office of the City Clerk
3500 Pan American Drive, 1st Floor
Miami, Florida 33133
Bid Date: March 18, 2019 at 3:00 PM
D ORIGINAL
2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892
www.kearnsconstruction.com
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
1 Bid Proposal Form — Dinner Key Marina Design Criteria Package (DCP)
The following bid tabulation is based on the bid package and description of work included with the DCP.
Section 1.1, 1.2 and 1.3 includes all work associated with the Base Bid. Sections 1.4, 1.5, and 1.6 include
additive alternatives. Additive alternatives are described in detail in Section 1.5 of the DCP Program
Requirements and within the DCP Drawings.
The undersigned, having read and understood the Bidding Documents and examined the Project site and
adjoining areas, and being familiar with the obstacles and conditions that will affect proposed Work,
hereby offers and agrees to furnish all labor, products, and services needed to provide Work in
accordance with the Bidding Documents as follows:
1.1 Base Bid — General Costs
Provide a lump sum price for the General Costs related to the marina repair project.
Pay Item Qty Unit Price Total Price
Design, Engineering and Permitting 1 LS E ' I_51, 7
General Conditions 1 LS i.9.7.2..
Mobilization 1 LS S Y)., ` ) ;
Final Survey 1 LS LIC
Performance and Payment Bond 1 LS CO 2, TNCID
Design Builders's Fee 1 LS 1 1 £ 7B coo
Owner Permit Allowance 1 LS $ 20,000
Base Bid Subtotal — General Costs $
SI 0
1
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
1.2 Base Bid —Structural
Pay Item
Submerged Debris Removal
Concrete Walkway Span Replacement
Timber Finger Pier Replacement (6 pile pier)
(including pile replacement)
Timber Finger Pier Replacement (8 pile pier)
(including pile replacement)
Bid Proposal Form
Timber Finger Pier Repair - Type 1 (6 pile pier)
(existing piles, stringers and deck remain)
Timber Finger Pier Repair - Type 1 (8 pile pier)
(existing piles, stringers and deck remain)
Timber Finger Pier Repair - Type 2 (6 pile pier)
(existing piles remain)
Timber Finger Pier Repair - Type 2 (8 pile pier)
(existing piles remain)
Timber Mooring Pile Replacement
Replace all Fiberglass Reinforced Plastic (FRP)
Grating
Marina Appurtenances
Concrete Pile Repair Jackets
Base Bid Subtotal — Structural
Qtv
200 CY
13 EA
87 EA
Revised, March 14, 2019
City of Miami
Unit Price
L
I 57-62-15
_. I L 150
12 EA La•(c L I • 7
80EA(0:7C(62
8 EA 02-7
30 EA e,L
5 EA c . 2-9
40 EA a 115
1 LS
1 LS
9EA 1 L1,L1Li(I
Total Price
`mac 1,99 5
1, PE.62, Kin
7Zc/
z/l
2533, 7/D
87 Wo
Igo
Lit-1 72
a-79 I 7 -7
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form
Revised, March 14, 2019
City of Miami
1.3 Base Bid - Electrical
Provide a lump sum price to replace electrical utilities as indicated in the DCP Drawings.
Pay Item
Electrical System
Fire Alarm System
Low Voltage Infrastructure
(work coordinated with City's Vendor)
Base Bid Subtotal — Electrical
1 LS
1 LS
1 LS
Qty Unit price Total Price
cLf . E
1.4 Base Bid — Plumbing
Provide a lump sum price to repair and/or replace plumbing utilities as indicated in the DCP Drawings.
Pay Item
Fire Suppression System
Potable Water System
Sewage Pumpout System
Base Bid Subtotal — Plumbing
Qty
1 LS
1 LS
1 LS
Unit Price
750
�
Total Price
j
1`/, / �icO
.3-3
SI' 5 CO
$ ,5c1 , 2-
s-o -
4k)--
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
2 Unit Price Items
Provide unit price repair costs (unit prices must be for materials in -place, installed, all inclusive). The
unit prices will be used as a basis for negotiating the cost of quantity changes during construction.
Structural Items
Pay Item Qtv Unit Price
Concrete Deck Span Replacement 1 LF I 1 L I
Concrete Pile Cap Replacement 1 EA � , OC)0
Timber Pile Replacement 1 EA 2, I -7
FRP Grating Replacement 1 SF r 7
Timber Decking Replacement 1 SF 1
Timber X-Bracing Replacement 1 LF
Timber Pile Cap Replacement 1 EA
Marina Appurtenances
Pay Item Qtv Unit Price
Dock Boxes 1 EA
Trash and Recycling Receptacles 1 EA / 62 2. —
Cleats 1 EA ' 9 ci
Line Holders 1 EA 3 o
Pile Hats 1 EA 5
Aluminum Ladders 1 EA 2C
Electrical System
Pay Item Qtv Unit Price
Lighted Bollards 1 EA ii
C) ,• ,
Solar Navigation Lights 1 EA , ✓ . L' 3
4
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
(Unit Price Items Continued)
Bid Proposal Form Revised, March 14, 2019
City of Miami
Electrical System
Pay Item Qty Unit Price Total Price
Pedestal Type Al (Single Slip, 30A Recpt) 1 EA 63cG
Pedestal Type A2 (Dual Slip, 30A Recpt) 1 EA 1
Pedestal Type B1 (Single Slip, 50A & 30A Recpt) 1 EA 1 ( 99 6 --
Pedestal Type B2 (Dual Slip, 50A & 30A Recpt) 1 EA
Pedestal Type Cl (Single Slip, 2-50A Recpt) 1 EA
Pedestal Type C2 (Dual Slip, 4-50A Recpt) 1 EA
Pedestal Type D1 (Single Slip, 2-50A & 1-100A Recpt) 1 EA 2 .790 ^
Pedestal Type D2 (Dual Slip, 4-50A & 2-100A Recpt) 1 EA 9)9(-1-
Pedestal Type El (Single Slip, 4-50A Recpt) 1 EA
Pedestal Type E2 (Dual Slip, 4-50A & 2-100A Recpt) 1 EA
Pedestal Type F2 (4-100A, 3 Phase, 480V) 1 EA / 12D
30-1
2., I1-_
2S32
�t 320
5
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3 Additive Alternatives
3.1 Additive Alternative #1— Repair of Non -Storm Related Damage
The following items include the repair of marina structural damage that is not attributed to Hurricane
Irma in September 2017.
Pay Item Qty Unit Price Total Price
Concrete Walkway Span Replacement 2,800 LF 9 lI ':> 2, i -tor tirD
Concrete Walkway Span Repairs 600 CF 6C) 3 CO
Concrete Pile Cap Spall Repairs 500 CF 7 (-I %, (a
Concrete Pile Cap Crack Repairs 200 LF CS G3 1 1 a 0/CC
Timber Mooring Pile Replacement 76 EA 2_, I l (.3 f,ut(9f(,
Subtotal — Additive Alternative #1
$ 23,01 (c.-
3.2 Additive Alternative #2 — Finger Pier Upgrade
Provide the additional cost (net add) to upgrade Finger Piers indicated as "replacement" in the DCP
Drawings to be replaced using prestressed concrete piles, aluminum or FRP composite framing, with
FRP grating.
Pay Item Qty %
Upgraded Finger Piers (6 pile pier) 87 EA � I 1 l erij L"63
Upgraded Finger Piers (8 pile pier) 12 EA
Subtotal — Additive Alternative #2
Unit Price Total Price
27, C)f ',..12„(-1,
$ 2. ,i
6
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3.3 Additive Alternative #3 — Remote Electronic Monitoring Pedestals
Provide a lump sum price to upgrade all utility pedestals to include an electronic package to remotely
monitor Ground Fault levels and Energy Consumption in KWH. Coordinate requirements with Wi-Fi
communication system.
Pay Item
Additive Alternative #3 for Pedestal Al
Additive Alternative #3 for Pedestal A2
Additive Alternative #3 for Pedestal B1
Additive Alternative #3 for Pedestal B2
Additive Alternative #3 for Pedestal Cl
Additive Alternative #3 for Pedestal C2
Additive Alternative #3 for Pedestal D2
Additive Alternative #3 for Pedestal El
Additive Alternative #3 for Pedestal E2
Additive Alternative #3 for Pedestal F2
Subtotal - Additive Alternative #3
Qty Unit Price?
7 EA �SB 4/
72 EA
7 EA 2
187 EA It) -7(-1
3EA
10EA 1 4 Olt]
1 EA I r
7 EA
3 EA
1 EA
I�7B
s-ig
,578
'3rJ,z3Z
Total Price
LI,C7c]
�7 Si2.8 -
L-1,G7c1
e2C-0/ R3E)
1,7L-1
iC .7c/o
It -
ifickao-
3c5.7e-
3.4 Additive Alternative #4 — Greenheart Mooring Piles
Provide a lump sum price for the additional cost to install greenheart mooring piles per the City of
Miami's standard mooring pile specification in -lieu of piles as indicated in the DCP.
Pay Item
Greenheart Timber Mooring Piles (Base Bid)
Greenheart Timber Mooring Piles (Alt 1)
Subtotal - Additive Alternative #4
Qty
40 EA
76 EA
Unit Price
)4c>
-7�
Total Price
-3�_
59, 350
7
Provide stainless steel tie -down straps 1 LS
Subtotal — Additive Alternative #6
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3.5 Additive Alternative #5 — Increase Pile Cut-off Elevation
Provide a lump sum price for the additional cost to increase the cut-off elevation of all timber piles by
5-ft above the top of pile elevation indicated in the DCP. The price shall include additional embedment
depth and diameter as determined by the D/B Team.
Pay Item
Increase pile cutoff elevations by 5-ft
(Includes all replacement piles)
Subtotal — Additive Alternative #5
658 EA
Qty Unit Price Total Price
�3(—I
42 L)
3.6 Additive Alternative #6 — Stainless Steel Twisted Plate Tie -Downs
Provide a lump sum price for the additional cost to provide stainless steel Twisted Plate Tie -Down straps
and connection hardware in -lieu of hot dipped galvanized.
Pay Item Qty Unit Price Total Price
Gt 7.
3 cl
3.7 Additive Alternative #7 — Concrete Pile Cap Replacement
Provide a price for the additional cost to replace concrete pile caps between two adjacent walkway
spans in -lieu of repairing the concrete pile caps.
Pay Item Qty
Replace Concrete Pile Caps 30 EA
Subtotal — Additive Alternative #7
Unit Price Total Price
Etc
$ NoOoo
8
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3.8 Additive Alternative #8 — HDG Steel Cleats
Provide a price to replace the remaining aluminum cleats at the Marina with HDG steel cleats.
Pay Item
Replace Remaining Cleats
Subtotal — Additive Alternative #8
Qtv Unit Price
1078 I( t,
Total Price
("EiA , 1 ocr
9
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
4 Bid Summary Sheet
Base Bid Summary
1.1 General Costs
1.2 Structural
1.3 Electrical
1.4 Plumbing
Base Bid — Total
Additive Alternatives
Bid Proposal Form Revised, March 14, 2019
City of Miami
Bid Alternative #1— Repair of Non -Storm Related Damage
Bid Alternative #2 — Finger Pier Upgrade
Bid Alternative #3 — Remote Electronic Monitoring Pedestals
Bid Alternative #4 — Greenheart Mooring Piles
Bid Alternative #5 — Increase Pile Cut-off Elevation
Bid Alternative #6 —Stainless Steel Twisted Plate Tie -Downs
Bid Alternative #7 — Concrete Pile Cap Replacement
Bid Alternative #8 — HDG Steel Cleats
Additive Alternatives — Total
$ 3.32_,Cmc
$ 2, ()IS, S`i�0
31 7, 2314-
cjs
3LI scric
r
�b�p i30
/ Si !Did _
10
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
5 Authorization
s.4
(P. 0. Box)
Bid Proposal Form Revised, March 14, 2019
City of Miami
(Name of Bidder) sit,
Di
City, State/Country, Zip)
(Street Address) 1-7 11/7
2oc
13'3
I(City, State/Country, Zip)
(Name of Authorized Person) (Title of Authorized Person)
ILIct_rct 1 c, 2oP
(Signature of Authorized Person) (Date)
CORPORATE SEAL
11
Contractor Bid Alternate A - Add 2" Fiberglass Grating for Piers 1 - 9 (Addendum No. 06)
Quantity Units Labor Material Equip / Sub.
Add 2" Deep Bi-Directional Grating (P 1- 9) 52,000 SF 450,000 558,000 50,000
Add Aluminum Support Brackets (Pier 1- 7) 1,357 EA 100,710 380,000 0
Add 3" x 10" Wood Center Beam (Pier 1 - 7) 6,685 LF 71,200 46,712 0
Total:
1,058,000
480,710
117,912
Subtotal:
Less Base Bid Amount: 1 LS (450,000) (948,740) (50,000)
Total Net Add - Contractor Bid Alternate A:
Note: See attached detail
1,656,622
(1,448,740)
207,882
Contractor Bid Alternate B - Timebergaurd / Factory Plastic Coated Cross Bracing (Addendum No. 06)
Quantity Units Labor Material Equip / Sub.
Total:
Timebergaurd Cross Bracing 1 LS 3,000 80,000
0
83,000
Total Net Add - Contractor Bid Alternate B:
83,000
See Attached Detail
Contractor Deduct Bid Alternate C - Owner Direct Purchase Order (D.P.0)
Wood Piles and Framing 1 LS 0 (42,000)
0
(42,000)
Fiberglass Grating 1 LS 0 (60,000)
0
(60,000)
Plumbing Materials 1 LS 0 (21,000)
0
(21,000)
Fire Water Pipe 1 LS 0 (24,500)
0
(24,500)
Electrical Equipment 1 LS 0 (140,000)
0
(140,000)
Electrical Wire 1 LS 0 (80,000)
0
(80,000)
Total Net Add - Contractor Bid Alternate C (Estimated Savings):
(367,500)
Contractor Deduct Bid Alternate D - Change Indemnification Agreement to Include only Contractor Active Work Areas
Modify Indemnification Agreement 1 LS 0 (100,000)
0
(100,000)
Total Net Add - Contractor Bid Alternate D:
(100,000)
Contractor Deduct Bid Alternate E - Change Construction Sequence Back to Original Three Phase Construction
Change Back to Three Phase Construction 1 LS 0 (200,000)
0
(200,000)
Total Net Add - Contractor Bid Alternate E:
(200,000)
Base Bid Proposal
17,480,317
Less Contractor Suggested Deducts (C - E)
(667,500)
Sum of Base Bid Proposal and Contractor Suggested Deducts:
16,812,817
DINNER KEY MARINA
Miami, FL
Proposal for FRP Decking Replacement
HARBORMASTERS
INTERNATIONAL
HARBORMASTERS INTERNATIONAL, INC.
ADDRESS 3330 Hibiscus Ave. TEL 561 329 4206
Naples, FL 34104 WEB www.harbormasters.com
TimberGuard Timber Pilings & Wood Dock Pilings for Timber Pile Driving Page 1 of 6
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TimberGuard Timber Pilings & Wood Dock Pilings for Timber Pile Driving Page 2 of 6
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RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
1 Bid Proposal Form — Dinner Key Marina Design Criteria Package (DCP)
The following bid tabulation is based on the bid package and description of work included with the DCP.
Section 1.1, 1.2 and 1,3 includes all work associated with the Base Bid. Sections 1.4, 1.5, and 1.6 include
additive alternatives. Additive alternatives are described in detail in Section 1.5 of the DCP Program
Requirements and within the DCP Drawings.
The undersigned, having read and understood the Bidding Documents and examined the Project site and
adjoining areas, and being familiar with the obstacles and conditions that will affect proposed Work,
hereby offers and agrees to furnish all labor, products, and services needed to provide Work in
accordance with the Bidding Documents as follows:
1.1 Base Bid — General Costs
Provide a lump sum price for the General Costs related to the marina repair project.
Pav Item
Design, Engineering and Permitting
General Conditions
Mobilization
Final Survey
Performance and Payment Bond
Design Builders's Fee
Owner Permit Allowance
Qtv Unit Price
1 LS
1 LS
1LS
1 LS
1 LS
1 LS
1LS
Base Bid Subtotal — General Costs $
Total Price
C 5
14?9. /3
52
CZD
CCO�i
, Sao
75q, Cro
$ 20,000
1
4
r �►1
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
1.2 Base Bid — Structural
Pav Item
Submerged Debris Removal
Concrete Walkway Span Replacement
d Timber Finger Pier Replacement (6 pile pier)
(including pile replacement)
Timber Finger Pier Replacement (8 pile pier)
(including pile replacement)
Timber Finger Pier Repair - Type 1 (6 pile pier)
(existing piles, stringers and deck remain)
Timber Finger Pier Repair - Type 1 (8 pile pier)
(existing piles, stringers and deck remain)
0 Timber Finger Pier Repair - Type 2 (6 pile pier)
(existing piles remain)
Timber Finger Pier Repair - Type 2 (8 pile pier)
(existing piles remain)
Timber Mooring Pile Replacement
Bid Proposal Form Revised, March 14, 2019
City of Miami
Replace all Fiberglass Reinforced Plastic (FRP)
Grating
Marina Appurtenances
Concrete Pile RepairJackets
(2 Base Bid Subtotal — Structural
Qtv
200 CY c.,
13 EA ( IS, 2 I '3
87EA 2 1 LISD
Unit Price
IOC)
12 EA
80 EA
8 EA
30 EA
5 EA
40 EA
1 LS
1 LS
9 EA
Z(.Li7 7
(Q7C'p
LIS7
912Bc1
2.175
I LI, L'I Llq
$
Total Price
` C'5
Q__A__-;6,1
311 7z(--1
1 2 2 ifs
2,53. -lib
L/ ; Lictc
I Lit-l`,71-1C)
Litt7, 7Z /
Oct S5 (c
)17
2
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form
Revised, March 14, 2019
City of Miami
1.3 Base Bid - Electrical
Provide a lump sum price to replace electrical utilities as indicated in the DCP Drawings.
Pav Item Qtv Unit price Total Price
Electrical System 1 LS 1 o626( 7 %lr
Fire Alarm System 1 LS C 1 (a ! )
Low Voltage Infrastructure 1 LS 15, CCD
(work coordinated with City's Vendor)
Base Bid Subtotal — Electrical $
30, (((-i
1.4 Base Bid — Plumbing
Provide a Iump sum price to repair and/or replace plumbing utilities as indicated in the DCP Drawings.
Pay Item Qty
Fire Suppression System 1 LS
Potable Water System 1 LS
Sewage Pumpout System 1 LS
Base Bid Subtotal — Plumbing
$
Unit Price
Total Price
97tit 7 c)
37 SC/
22-(-4, DOD
3
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
2 Unit Price items
Provide unit price repair costs (unit prices must be for materials in -place, installed, all inclusive). The
unit prices will be used as a basis for negotiating the cost of quantity changes during construction.
Structural Items
Pay Item Qtv Unit Price
1 Concrete Deck Span Replacement 1 LF i I 1 L r C-'
r 0 Concrete Pile Cap Replacement 1 EA S, M%
1 I Timber Pile Replacement 1 EA ` l 7S
12 FRP Grating Replacement 1 SF 2. 7
j Timber Decking Replacement 1 SF / 7
1 Li Timber X-Bracing Replacement 1 LF 6.07
rS Timber Pile Cap Replacement 1 EA 'LSD
r
`1
Marina Appurtenances
Pay Item
Dock Boxes
Trash and Recycling Receptacles
Cleats
Line Holders
Pile Hats
Aluminum Ladders
Qtv
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
Unit Price
.7(0. 2..
30
SD
C(200
Electrical System
Pay Item Qtv Unit Price
42 - Lighted Bollards
3 Solar Navigation Lights
1EA Ic3g
1 EA
4
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
(Unit Price Items Continued)
Electrical System
Pay Item
Bid Proposal Form Revised, March 14, 2019
City of Miami
Qtv
Pedestal Type Al (Single Slip, 30A Recpt) 1 EA
Pedestal Type A2 (Dual Slip, 30A Recpt) 1 EA
Pedestal Type B1 (Single Slip, 50A & 30A Recpt) 1 EA
Pedestal Type B2 (Dual Slip, 50A & 30A Recpt) 1 EA
Pedestal Type Cl (Single Slip, 2-50A Recpt) 1 EA
Pedestal Type C2 (Dual Slip, 4-50A Recpt) 1 EA
Pedestal Type D1 (Single Slip, 2-50A & 1-100A Recpt) 1 EA
Pedestal Type D2 (Dual Slip, 4-50A & 2-100A Recpt) 1 EA
Pedestal Type E1 (Single Slip, 4-50A Recpt) 1 EA
33 Pedestal Type E2 (Dual Slip, 4-50A & 2-100A Recpt) 1 EA
Pedestal Type F2 (4-100A, 3 Phase, 480V)
1 EA
Unit Price Total Price
P C-
2., Ill
3 2.
91�-!
i 7 52 0
18
5
3
3
6
37
38
39
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3 Additive Alternatives
3.1 Additive Alternative #1— Repair of Non -Storm Related Damage
The following items include the repair of marina structural damage that is not attributed to Hurricane
Irma in September 2017.
Pay Item
Concrete Walkway Span Replacement
Concrete Walkway Span Repairs
Concrete Pile Cap Spell Repairs
Concrete Pile Cap Crack Repairs
Timber Mooring Pile Replacement
t Subtotal — Additive Alternative #1
Qtv
500 CF
200 LF
76 EA
$
Unit Price
9
Total Price
C }c J
67.5g193 625B9,.r1
u7.7 LI
3,27, Ern
� 9 1(tob
2 . 1 “7 / 0 -1 , 1 ,
3.2 Additive Alternative #2 — Finger Pier Upgrade
Provide the additional cost (net add) to upgrade Finger Piers indicated as "replacement" in the DCP
Drawings to be replaced using prestressed concrete piles, aluminum or FRP composite framing, with
FRP grating.
Pav Item
Li 1 Upgraded Finger Piers (6 pile pier)
Li 2, Upgraded Finger Piers (8 pile pier)
[, Subtotal — Additive Alternative #2
Qtv
87 EA
12 EA
Unit Price
Total Price
6
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3.3 Additive Alternative #3 — Remote Electronic Monitoring Pedestals
Provide a lump sum price to upgrade all utility pedestals to include an electronic package to remotely
monitor Ground Fault levels and Energy Consumption in KWH. Coordinate requirements with Wi-Fi
communication system.
Pay Item
Additive Alternative #3 for Pedestal Al
Additive Alternative #3 for Pedestal A2
Additive Alternative #3 for Pedestal 61
Additive Alternative #3 for Pedestal B2
Additive Alternative #3 for Pedestal C1
tic Additive Alternative #3 for Pedestal C2
54 Additive Alternative #3 for Pedestal D2
CI' Additive Alternative #3 for Pedestal El
* `L Additive Alternative #3 for Pedestal E2
5 Additive Alternative #3 for Pedestal F2•
'j ',} Subtotal — Additive Alternative #3
54,
7 EA
72 EA
Qtv Unit Price Total Price
ra 2— CI 07Li
1 0'7L1 TT 328
7 EA b
187 EA
+6
acc, B3S
3EA c ]R'2_ -ILK°
10 EA 1P 7LI Iq --(go
1 EA I C)-7 I . 07
7 EA
3 EA
iS7 ) I `, Ckjc,
1 EA � � 7 7 r
$ 3 1-14 232
3.4 Additive Alternative #4 — Greenheart Mooring Piles
Provide a lump sum price for the additional cost to install greenheart mooring piles per the City of
Miami's standard mooring pile specification in -lieu of piles as indicated in the DCP.
Pay Item Qtv
Greenheart Timber Mooring Piles (Base Bid) 40 EA
Greenheart Timber Mooring Piles (Alt 1) 76 EA
7 Subtotal — Additive Alternative #4
Unit Price Total Price
eti 3 6a
2.1
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3.5 Additive Alternative #5 — Increase Pile Cut-off Elevation
Provide a lump sum price for the additional cost to increase the cut-off elevation of all timber piles by
5-ft above the top of pile elevation indicated in the DCP. The price shall include additional embedment
depth and diameter as determined by the D/B Team.
Pav Item
Increase pile cutoff elevations by 5-ft
(Includes all replacement piles)
Qtv Unit Price Total Price
658 EA
r 3C le S50
Subtotal — Additive Alternative #5 $
i B90 -
3.6 Additive Alternative #6 — Stainless Steel Twisted Plate Tie -Downs
Provide a lump sum price for the additional cost to provide stainless steel Twisted Plate Tie -Down straps
and connection hardware in -lieu of hot dipped galvanized.
Pav Item
Provide stainless steel tie -down straps
Subtotal —Additive Alternative #6
Qtv Unit Price Total Price
1LS 7 7 yjO
3.7 Additive Alternative #7 — Concrete Pile Cap Replacement
Provide a price for the additional cost to replace concrete pile caps between two adjacent walkway
spans in -lieu of repairing the concrete pile caps.
Pav Item Qtv
r Replace Concrete Pile Caps 30 EA
Cot3
Subtotal — Additive Alternative #7
Unit Price
5 V 006
Total Price
150000
8
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
Bid Proposal Form Revised, March 14, 2019
City of Miami
3.8 Additive Alternative #8 — HDG Steel Cleats
Provide a price to replace the remaining aluminum cleats at the Marina with HOG steel cleats.
Pav Item Qtv Unit Price Total Price
Replace Remaining Cleats 1078 1 LI &LOS /6 0 LS j
Subtotal — Additive Alternative 1*8
$ IO'2.5o
-s-
9
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
4 Bid Summary Sheet
Base Bid Summary
6,6 • 1.1 General Costs
47 7 1.2 Structural
641 1.3 Electrical
l4i r 1.4 Plumbing
C. Base Bid — Total
Additive Alternatives
Bid Proposal Form Revised, March 14, 2019
City of Miami
r7 1 Bid Alternative #1— Repair of Non -Storm Related Damage
77. Bid Alternative #2 — Finger Pier Upgrade
73 Bid Alternative #3 — Remote Electronic Monitoring Pedestals
714 Bid Alternative #4 — Greenheart Mooring Piles
`7� j Bid Alternative #5 — Increase Pile Cut-off Elevation
7 (, Bid Alternative #6 — Stainless Steel Twisted Plate Tie -Downs
7 7 Bid Alternative #7 — Concrete Pile Cap Replacement
f!, Bid Alternative #8— HDG Steel Cleats
-7 CI Additive Alternatives — Total
i
ex Yl c,
$ L r c 7 79S
$?)77,I-77_
$`3, 13C l
$ /(C,J53g;C
$ 3.Cam" 1, 5-q
$ „TO.
$ 3flZ3'2.
$ 92. ci5G
$ coo
$ T 7, 130
$ I `J Q ODD
$ W012.5
$ Lie D ,, Ir LI
Bc-)Q cob
10
RFP No. 18-19-005
Design -Build Services for
Dinner Key Marina Repairs and Restoration
5 Authorization
cte-
(P. O. Box)
Bid Proposal Form
(Name of Bidder)
2-SSC) S'o?11t
stx e
(Street Addres 2 t3
Revised, March 14, 2019
City of Miami
�(City, Stat Country, Zip)
e cis
(Name of Authorized Person)
(z
(Signature of Authorized Person)
(City,,State/Country, Zip)
(Title of Authorized Person)
(Date)
CORPORATE SEAL
11
Dinner Key Marina Design -Build RFP No. 18-19-005: Project Phasing
Kan Waters
Legend
Li Phase 1: Piers 1, 2 & 3
LI Phase 2: Piers 4, 5 & 8
Li Phase 3: Piers 6, 7 & 9
Dinner Key Marina Design -Build RFP No. 18-19-005: Project Staging Area
Grove Bay Grill
'Google
Local Hero Catamaran
Passport Mrs,
cilit�y 4 <
NOTE: Proposed staging area is located on the North side of City Hall, as shown above.