HomeMy WebLinkAbout23836AGREEMENT INFORMATION
AGREEMENT NUMBER
23836
NAME/TYPE OF AGREEMENT
OMNI CRA & MASS CONSTRUCTION CORPORATION
DESCRIPTION
CONSTRUCTION SERVICES AGREEMENT/SHORING OF THE
CITIZENS BANK BUILDING/FILE ID: 10649/CRA-R-21-
0031/MATTER ID: 21-1626
EFFECTIVE DATE
March 10, 2022
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/30/2022
DATE RECEIVED FROM ISSUING
DEPT.
3/30/2022
NOTE
CONSTRUCTIONSERVICES AGREEMENT
THIS CONSTRUCTION SERVICES AGREEMENT (THE "AGREEMENT) is entered into this jilit
day of Mare h in the year 2022, ("Effective Date") by and between OMNI Redevelopment District
Community Redevelopment Agency, of the City of Miami. Florida, a public agency and body corporate
created pursuant to Section 163.366, Florida Statutes, with principal address at 1401 N. Miami Avenue,
Miami, FL 33136, hereinafter called the "Omni CRA" / "CRA", and Mass Construction Corporation, a
Florida Profit Corporation, with principal address at 1060 Brickell Avenue, Suite 1601, Miami, FL 33131,
hereinafter called the Contractor" The CRA arid the Contractor collectively shall hereinafter be referred
to as the "Parties."
RECITAL
WHEREAS, the OMNI Redevelopment District Community Redevelopment Agency ("Omni CRA"
"CRA") currently owns the Citizens Bank Building ("Bank Building") located at 1367 North Miami Avenue,
Miami., Florida and is responsible for the renovation and rehabilitation of the historic property, and
WHEREAS the Bank Building was purchased by the CRA in 2017 and since that date the CRA
has procured through the City of Miami's Procurement Department the services of R. J. Heisenbottle
("Consultant") for Architectural and Engineering Services for Citizens Bank Building Restoration; and
WHEREAS, the CRA became aware through the procured Consultant that the facade and
interior structure of the Bank Building was deteriorating rapidly due to water intrusion and spelling as
outlined in "Exhibit A," attached and incorporated herein Consultant's Letter, and
WHEREAS, the Bank Building is both historically designated and fronting on a public sidewalk,
the recommendation has been made by the Consultant that the CRA immediately support and brace the
structure, that will aid in preserving the historical facades while protecting the public from any danger of
collapse as outlined in "Exhibit A," attached and incorporated herein; and
WHEREAS, it is a matter of public health and safety that the building is properly maintained and
in the best interest of the community that the CRA, pursuant to Section 18-00 of the Code of the City of
Miami, Florida, as amended ("City Code"), procure the services of a licensed general contractor meeting
all insurance requirements to complete the Shoring and Renovation of Citizens Bank Building (uProject")
as recommended by the Consultant; and
WHEREAS, the use of the emergency bid waiver pursuant to Section 18-90 of the City Code is
justified as the Executive Director found that it was not practicable or advantageous to undergo the formal
bidding process for a licensed general contractor because the time duration involved in formal bidding
would mean the Bank Building would present serious structural issues that pose a significant threat to the
safety of the general public, and significant further deterioration of the building as described herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Omni
CRA and the Contractor, agree as follows:
DEFINITIONS
Architect of Record ("AOR") means a designation reserved, usually by law and regulations, fora person
or organization professionally qualified and licensed in the State of Florida to perform architectural
services. •
Basis of Design means a specific manufacturer's product that is named; including the make or model
number or other designation, establishing the significant qualities related to type, function, dimension, in-
service performance, physical properties, appearance, and other characteristics for purposes of evaluating
oomparable products of other manufacturers.
Change Order means a written documentordering 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.
CRA means the Omni Redevelopment District Community Redevelopment Agency, of the City of Miami,
Florida, a redevelopment agency created pursuant to Chapter 163 Florida Statutes. In all respects
hereunder, CRA's performance is pursuant to the CRA as Owner. In the event the CRA 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
CRA's authority as a govemmental body and shall not be attributable in any manner to the CRA as a party
to this Contract. For the purposes of this Contract, "CRA" without modification shall mean the CRA
Executive Director, as applicable..
CRA Commission means the legislative body of the CRA of Miami.
CRA Manager means the duly appointed chief administrative officer of the CRA.
Construction Change Directive means a written directive to effect changes to the Work, issued by the
Consultant or the Director that may affect the Agreement's price or time.
Construction Engineering Inspection ("CEI") means an individual or an organization (assigned by the
City of Miami's Director of the Office of Capital Improvements ("OCI") responsible in assisting the CRA's
Project and Construction Managers in Contract administration, site inspections, material sampling and
Project close-out.
Construction Manager ("CM") means the individual or organization assigned by the CRA's Executive
Director whose duties include reviewing Project documents during the design phase and managing the
construction phase that include, but not limited to, directing, and coordinating construction activities
associated with the Project.
Construction Schedule means a critical path schedule or other construction schedule, as defined and
required by the Contract Documents.
Consultant means a firm that has entered into a separate agreement with the CRA for the provision of
design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record
contracted by the CRA to prepare the plans and specifications for the Project. Consultant may also be
referred to as Architect or Engineer of Record.
Contract means this document and the bid documents that have been executed by the Contractor and
the CRA subsequent to approval of awardby the CRA.
Contract Documents means the Contract as may be amended from time to time, the plans and drawing,
all addenda, clarifications, directives, change orders, payments and other such documents issued under
or relating to the Project.
Contractor means the person, firm, or corporation with whom the CRA 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 as per emergency guidelines of the Code of the CRA of Miami.
CRA Board means the legislative body of the Community Redevelopment Association.
Cure means the action taken by the Contractor promptly after receipt of written notice from the CRA of a
breach of the Contract Documents which shall be performed at no cost to the CRA, to. repair, replace,
correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents
affected by such breach, or to otherwise make good and eliminate such breach, including, without
limitation, repairing, replacing or correcting any portion of the Work or the Project site(s) disturbed in
performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the
Work or compliance with the Contract Documentsafter receipt of written Notice to Cure from the CRA
identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specifications included as part of a bid prepared
by the Consultant for this Project under a separate Agreement with the CRA.
Director means the Executive Director
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 of Record ("EOR") also referred to as Consultant, a designation resented, by law, for a.person
or qualified engineering firm or organization qualified and licensed in the State . of Florida to conduct
professional engineering services.
Field Directive means a written approval for the.Contractor to proceed with Work requested by the CRA
or the Consultant, which is minor in nature and should not involve additional cost.
Final Completion means the datesubsequent to the date of Substantial Completion at which time the
Construction Manager has completed all the Work in accordance with the Agreement as certified by the
Architect or Engineer of Record or the CRA and submitted all documentation required by the Contract
Documents.
Guaranteed Maximum Cost, aka Guaranteed Maximum Price means the sum established by these
Contract Documents as the maximum cost to the CRA of performing the specified Work on the basis of
the cost of labor and materials plus overhead expenses, reimbursable expenses, and profit.
Inspector means an authorized representative of the CRA assigned to make necessary Inspections of
materials fumished, and of the Work performed, by Contractor.
Local Workforce Participation Requirements mean the requirements set forth in Section 18-89 of the
City Code that (unless determined inapplicable or exempted by the Executive Director pursuant to this
Code Section) which Contractor must employ on -site labor from persons who reside within the municipal
boundaries of the CRA (e.g., CRA limits).
Materials mean goods or equipment incorporated in a Project or used or consumed in the performance of
the Work.
Notice of Award means the letter written to the Contractor by the CRA, notifying the Contractor that they
have been awarded the Contract.
Notice to Proceed means a written letter or directive issued by the Director acknowledging that all
precedent conditions have been met and directing that the Contractor may begin Work on the Project.
Physical Construction Labor Work means the completed construction services required by the Contract
Documents, completed through the use of the Contractor's own employees, and excluding all materials,
supplies,and equipment incorporated or to be incorporated in such construction.
Plans and/or Drawings means the official graphic representations of a Project.
Project or Work as used herein refers to ail reasonably necessary and inferable construction and services
required by the Contract Documents whether completed or partially completed, and includes all other labor,
materials, equipment, and services provided or to be provided by the Contractor to fulfill the(its) obligations,
including completion of the construction in accordance with the Drawings and Specifications. The Work
may constitute the whole or a part of the Project.
Project Manager ("PM") means the CRA employee, CRA employee or Consultant (assigned by the
Executive Director) to manage the Project that may include, but is not limited to coordination of design,
procurement, and construction activities; assigning management tasks to EOR, CM or CEI (hereby known
as designee), establish lines of communication and responsibilities to ensure that the Project is completed
in a timely manner.
Qualifier means a person whose license is attached to the Contractor's company so that the Contractor
Is currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality
of the Work that is performed by the Contractor.
Request for Information ("RFI") means a request from the Contractor seeking an interpretation or
clarification relative to the ITB. The RFI, which shall be clearly marked RFI; shall clearly and concisely set
forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The
RFI must set forth the Contractor interpretation or understanding of the document(s) in question, along
with the reason for such understanding.
Risk Administrator means the City's Risk Management Administrator also known n as the Director of the
Department of Risk Management, or the Director's authorized designee, or the individual named by the
CRA Manager to administer matters relating. to insurance and risk of loss for the City.
Small Business Enterprise ("SBE") means a construction related enterprise, including a design -build
firm, and any firm providing trades and/or services for the completion of a construction Project, as defined
in Section 10-33.02 of the Code of Miami -Dade County. SBE is additionally referenced in Section 18-89 of
the City Code and In these Contract Documents. SBE was formerly known as Community Small Business
Enterprise (CSBE).
Subcontractor means a person, firrn or corporation having a direct Contract with Contractor including one
who furnishes material worked to a special design according to the Contract Documents but does not
include one who merely fumishes Materials not so worked.
Submittal means documents prepared and submitted by the Contractor.
Substantial Completion means that point at which the Work is at a level of completion in substantial
compliance with the Agreement such that the CRA can use, occupy, and/or operate the facility in all
respects to its intended purpose. Substantial Completion 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.
SECTION 2
GENERAL TERMS AND CONDITIONS
1. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is
necessary to cause the Work to be completed on a timely basis in accordance with the Contract
Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to
maintain the critical path and all deadlines established in the Contract Documents. Time is of the essence
in performance of the Work.
All dates and periods of time set forth in the Contract Documents, including those for the commencement,
prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and
installation of materials and equipment, were included because of their importance to the CRA.
Contractor acknowledges and recognizes that the CRA 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 71, "Excusable Delay, Non-Compensable," the Contractor understands that,
except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of
delay Within .the Contractor's control. the Work shall not excuse the Contractorfrom its obligation to achieve
full completion of the Work within the Contract Documents Tmne1 and shall not entitle the Contractor to an
adjustment All es under the control or.Contract with the Contractor shall include but are not limited
J.. l�
to Material persons and laborers.
The Contractor.acknowiedges that the CRA is purchasing the righttohave the Contractor continuously
working at the Project sibe(s) for the full duration of the Project to ensure the timely completion of the Work.
2. Contract Tern': Not -to -Exceed Contract Amount
The Contract shall commence uponissuance of the Notice TO Proceed ('NTP°).which may be issued
subsequent to the execution of. the Contract by. the CRA. The Contract shall terminate upon notice: by the
CRA that the Contract has been closed -out after final completion Or otherwise terminated by - the CRA
pursuant to the terms and conditions herein set forth: The total contract amount shall not exceed Six Million
Three Hundred Eighty Thousand. dollars ($6,380,000.00), which includes all materials, ..equipment;
supplies, overhead expenses, and contingency and profit needed to complete: the Work:. The CRA will not
be liable for payment of any amount In excess of the total not to;exceed contract amount (*Contract Price')
unless, the CRA Board has approved a prior amendmentto the Contract setting forth an add,tional amount
due to Owner. -requested changes orits equivalent: Contractor shall have norecoursein that respect exCept
to seek an Amendment to the Agreement: Otherwise; all costs. in excess of the Contract Prices a
paid solely by Contractor without reimbursement or additional compensation from.CRA.
Contractor represents, warrants, and guarantees to the CRA that Contractor shall completely, tlmety, and
properly perform the Work and all of its obligations under the Contract, In accordance therewith, for the
Contract Price to be agreed upon by:the-Parties The. total not-to.exceed contract amount Is Six Million
Three Hundred Eighty Thousand dollars ($6,380,000.00) , which includes the Base Scope of Work in the
amount of .$ Five Million Eight Hundred -Thousand . Dollars ($5,600.000.00), and a 10% Owner's
Contingency Allowance in the amount of $Five Hundred Eighty Thousand Dollars ($580,000.00).
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:wriitten notice in compliance with the provisions of
this Article. Notice shall be deemed given on the date received or:within three.(3) calendar 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 deliverydate
by the courier/dellvery.:service. For the present, the parties designate the following as the respective places
forgiving of notice:
For OMNI CRA:
Executive Director..
1401 N. Miami Avenue,
Miami, FL.33136•
Phone: 305-.416-1025
Annie Perez, CPPO, Director
Department of Procurement
CRA of Miami
444 SW 2nd Avenue -_6th Floor
Miami, FL 33130-1910.:
Email: AnniePerezemiamiaov.com
Phone: 305-416-1910
Victoria Mendez,. General Counsel
CRA Attorney's Office
CRA of Miami
444 SW .2"d Avenue = 9t' Floor
Miami, FL 33130-1910
Email: VMendezerniamiigov.com
Phone: 305=416-1832
For. Contractor:
Zion Mass, CEO
Mass Construction Corporation_
1060 Brickell Avenue
Miami, FL 33131
zione.mass=cm.com
3054349=1216
During the Work, the Contractor shall maintain continuing communications with Consultant and the Project
Manager. The Contractor shall keep: the CRA fully informed as to the progress of:the Project at all times
through ongoing .communications with the Project Manager:
The Contractor shall notify the Miami Police Department and Fire Department about the construction
schedule(s):: The Contractor is required to. obtain . a current list: of contact persons and phone numbers
from the representative of. the CRA assigned to this Project, Anthony Balzebre, Assistant Director of the
CRA at (305) 679-6852, or via email at Abalzebre( )miamiaov.com.
5. Priority of Provisions.
Ali Work shall be constructed in accordance with the latest edition: of the CRA's and City of Mlamrs
Contract Documents and Specifications;. the CRA's Standards for. Design and Construction;. Miami=Dade
County's Standards Details, Florida Building Code, and any local; state, and federal rule and regulation,
as:applicable..
If there isa conflict or inconsistency between any term, statement requirement, or.pr'ovision of any exhibit
attached hereto, any document or events referred to herein, or . any document incorporated. into the
Contract Documents by referenceand a term,. statement, requirement, the specfications and plans
Prepared . by the Consultant, or provision of the Contract Documents the following order of precedence
shall apply:
In the event of conflicts in the Contract Documents, the priorities :stated below shall govern:
Revisions: to. the rContract shall govem. over the Contract;
■ The Contract Documents shall govem over the Contract;
In the event of conflicts within the Contract Documents, the priorities stated below shall govem;
• Scope of Work and Specifications shall govern over plans and drawings;:
• Schedules, when identified as such shall govern over all other portions of the plans;.
• Specific notes shall govem, over all other notes, and all other portions of the plans, unless
specifically: stated otherwise;
• Larger scale drawings shall govem over smaller scale drawings;
• Figured or numerical dimensions shall govem over dimensionsobtained by scaling; and
• Where provisions of Codes, manufacturer's specifications or Industry standards are in
conflict, the more restrictive or higher quality shall govem:,
6: Indemnification
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and. expense), the CRA
and the .City, ;its officers; agents; directors and/or employees, and any Involved CRA and City agencies
and instrumentalities; from all liabilities, damages, losses, judgements, expenses, fees, and costs,
including, but not limited to; reasonable attorneys fees, to the extent caused by the negligence,
recklessness, negligent act or omission, or intentional wrongful misconduct of or breach of this Contract
byContractor and persons employed or utilized by Contractor in .the performance of this ContraCt.
Contractor shall further, hold the CRA and the City, its officials and employees, indemnify, save and hold
harmless for, and defend (at its own cost), the CRA and City its officials and/or employees against any civil
actions, statutory actions, administrative or regulatory proceedings, or similar claims, liabilities, injuries or
damages (including court costs and reasonable attomey's fees) arising or resulting from the permitted
Work and/or failure to comply with applicable contractual duties of the Contractor or Codes, laws, rules,
licenses, permits, and regulations in performance of the work, unless it is alleged that the CRA and City,
its officials, and/or employees were negligent. In the event that any action or proceeding is brought against
the CRA by reason of any such action, claim or demand, the Contractor shall, upon written notice from the
CRA, resist and defend such action or proceeding by counsel satisfactory to the CRA. The Contractor
expressly understands and agrees that any insurance protection required by this Contract or otherwise
provided by the Contractor shall in no way limit the responsibility to indemnify, keep, and save harmless
and defend the CRA and City, its officers, employees, agents, agencies, and instrumentalities as herein
provided.
The indemnification provided above shall obligate the Contractor to indemnify, hold harmless, and a duty
to defend, at its own expense, to and through trial, administrative, regulatory, appellate, supplemental,
mediation, arbitration, or bankruptcy proceeding, or to provide for such defense, at the CRA's option, any
and all claims of liability and all suits and actions of every name and description which may be brought
against the CRA, whether performed by the Contractor, or persons employed, supervised, or utilized by
Contractor.
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 to the
limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Contractor shall require all sub -Contractor agreements to include a provision that each sub -Contractor will
indemnify, hold harmless and defend the CRA and City in substantially the same language as this Section.
The Contractor agrees and recognizes that the CRA nor City shall not be held liable or responsible for any
claims which may result from any actions or omissions of the Contractor in which the CRA participated
either through review or concurrence of the Contractor's actions. In reviewing, approving, or rejecting any
submissions by the Contractor or other acts of the Contractor, the CRA, in no way, assumes, or shares
any responsibility or liability of the Contractor or sub- Contractor under this Contract.
Ten dollars ($10) of the payments made by the CRA 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 Contractor.
Notwithstanding anything to the contrary within this Agreement or the Contract Documents, Contractor
shall be liable and indemnify CRA only for those claims or costs resulting from or attributable directly to
Contractor's own misconduct or its intentional or negligent acts or omissions. The Contractor's obligations
in this regard shall be co -existent with and limited by applicable insurance coverage.
7. Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for,
and maintain in force until all of its Work to be performed under this Contract has been completed and
accepted by City of Miami's Risk Department (or for such duration as is otherwise specified hereinafter),
the insurance coverage's set forth in Exhibit
The Risk Administrator or their authorized designee reserves the right to require modifications, increases,
or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations
by providing a thirty (30) calendar day written notice to the Contractor in accordance with Section 2,
General Terms and Conditions, Article 4, "Notices." Contractor shall comply with such requests unless the
insurance coverage is not then readily available in the national market. An additive or deductive change
order will be issued to adjust the Contract value as necessary. For insurance bonding issues and decisions,
the CRA shall act through the City of Miami's Risk Administrator (unless otherwise stated).
8. Performance and Payment Bond
Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen
(14) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing
all the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price, including any
contingency allowance/s, guaranteeing to CRA the completion and performance of the Work covered In
the Contract Documents, as well as full payment of all suppliers, laborers, or Subcontractors employed
pursuant to this Project. Each Bond shall be with a surety, which is qualified pursuant to Article 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 Contractor will, upon notification by the CRA, correct any defective or faulty Work or
materials which appear within one year after Final Completion of the Project. The CRA and City of Miami
must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time,
Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and
provide the CRA with evidence of such recording. Each bond shall substantially conform to the
requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk Management
Administrator.
Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate
forms of security, which may be in the form of cash, money order, certified check, cashier's check, or
unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the
prior approval of the CRA and for same purpose and shall be subject to the same conditions as those
applicable above and shall be held by the CRA for one year after completion and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000):
Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size
Category of (VII). The surety company must be of recognized standing, authorized to do business in the
State of Florida as surety, having a resident agent in the State of Florida and having been in business with
a record of successful continuous operation for at least five (5) years.
Payment / Performance Bonds shall be in the amount of one hundred and ten percent (110%) of the Work
and shall be in substantially the form provided by Section 255.05, Florida Statutes.
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 CRA with evidence
satisfactory to CRA, that such excess risk has been protected In an acceptable manner.
10. General Requirements
The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an
employee(s) or agent(s) of the CRA, City or any of its departments.
The Contractor shall, at all times, employ, maintain, and assign to the performance of a Project a sufficient
number of competent and qualified professionals and other personnel to meet the requirements of the
Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if requested by the
Project Manager, should the Project Manager make a determination that said staffing is unacceptable or
that any individual is not performing In a manner consistent with the requirements for such a position. The
Contractor represents that its staff has the proper skills, training, background, knowledge, experience,
rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent
and professional manner.
The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure
safe and proper access and use of the site by the CRA. The Contractor shall, at all times, cooperate with
the CRA and coordinate its respective Work efforts to progress the performance of the Work most
effectively and efficiently. The CRA shall have full access to the Project site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until formal release
from his obligations under the terms of the Contract Documents. Contractor shalt bear all losses resulting
to it on account of the amount or character of the Work, or the character of the ground, being different from
what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such
sequence as will ensure the least practicable local interference. Contractor shall not open up Work to the
prejudice of Work already started, and the CRA may require the Contractor to finish a section on which
Work is In progress before Work is started on any additional section. Contractor is to take necessary
precautions and use caution when working in or around overhead transmission lines and underground
utilities.
The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded
as meaning that only best practices are to prevail, and only materials and workmanship of the best quality
are to be used in the performance of the Work.
11. Method of Performing the Work
If the CRA 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 CRA, the Contractor is not proceeding
with the Work diligently or expeditiously or is not performing all or any part of the Work according to the
Project schedule accepted by or determined by the CRA, the CRA shall have the right to order the
Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its
performance in accordance with the schedule to ensure completion of the Project within the specified time.
The Contractor shall immediately comply with such orders at no additional cost to the CRA. The CRA at
its sole option may also have Work performed by a third -party Contractor and deduct such cost from any
monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the
capacity recommended by the vehicle manufacturer or permitted by federal, state or local law(s). When it
is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor
and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the
Contractor to the satisfaction of the CRA. Contractor is responsible for and shall take all necessary and
prudent measures for controlling dust and preventing it from becoming a public nuisance or causing off -
site damage.
The Contractor shall furnish to the CRA a complete listing of twenty-four (24) hour telephone numbers at
which responsible representatives of the Contractor and all of the Contractor's Subcontractors can be
reached should the need arise at any time.
12. Work Staging and Phasing
The Work to be performed shall be done in such a manner so as not to interfere with the normal CRA
operations of area unless approved through permitting at the City or County. The way the Work is
performed shall be subject to the approval of the CRA, who, if necessary, shall have the authority to require
changes in the way the Work is performed. There shall be no obstruction of CRA services without the prior
written approval of the City. All requests for such interruption or obstruction must be given in writing to the
CRA at least twenty-four (24) hours in advance of the interruption of CRA operations so as to facilitate
obtaining the requisite approvals and permits.
The Contractor shall familiarize itself with normal operations where the Work is to be performed so that it
can conduct the Work in the best possible manner. A staging plan must be submitted to and approved by
the CRA 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. As noted above self -performance, local
workforce participation, and all other similar requirements will apply jointly and severally to each phase,
stage, or incremental portion of the work.
13. Site Invest!nation and Representation
The Contractor acknowledges that it has satisfied Itself as to the nature and location(s) of the Work under
the Contract Documents, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and
roads, the conformation and conditions at the ground based on CRA and its consultants provided reports,
the type of equipment and facilities needed preliminary to and during the performance of the Work and all
other matters which can in any way affect the Work or the cost thereof under the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the CRA
may provide and inspection of the Project 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 CRA and its consultants or included in this Contract
Documents.
Contractor should examine the soil conditions at the Project site to determine if any special shoring,
sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil
materials or during filling of any area(s), or for any operation during the performance of the Work.
Any failure by the Contractor to acquaint itself with all'the provided information and information obtained
by visiting the Project site(s) will not relieve Contractor from responsibility for properly estimating the
difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions
vary from the actual provided reports, the Contractor shall notify the CRA and its consultants and this
Contract Documents amount may be adjusted up or down depending on the conditions.
14. Contractor to Check Plans, Specifications. and Data
Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other
data received from the CRA as part of the Contract Documents, and shall notify the CRA of all errors,
omissions, and discrepancies found therein within three (3) calendar days of discovery. Contractor will
not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished
by the CRA. Contractor shall not be liable for damages resulting from errors, omissions, or discrepancies
in the Contract Documents unless Contractor recognized such error, omissions, or discrepancy and
knowingly failed to report it to the CRA.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever nature
sustained until final acceptance by CRA, and shall promptly repair or replace, at no additional cost to the
CRA, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever unless same is due to or attributable to
the actions or inactions of CRA.
16.Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the case of
accidents, for first aid service to person who may be injured during the Project duration. The Contractor
shall also comply with the Occupational Safety Health Act ("OSHA') requirements as defined in the United
States Labor Code 29 Code of Federal Regulations ("CFR")1926.50.
In addition, the Contractor must report immediately to the CRA every accident to persons or damage to
property, and shall fumish in writing full information, including testimony of witnesses regarding any and
all accidents.
17. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and
programs in connection with the Work. Contractor shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury, or loss to:
■ All employees on the Protect 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 site(s); and
• Other property at the Project site(s) or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, and utilities not designated for removal,
relocation, or replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall
be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise
designated in writing by Contractor to the CRA.
Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public
body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or
Toss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All
damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any
Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety
and protection of the Work shall continue until such time as all the Work is completed and the CRA.has
issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the duration of the
Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager
must be immediately notified of each and every occurrence. The Contractor shall comply with all codes,
ordinances, rules, orders, and ' other legal requirements of public authorities (including OSHA,
Environmental Protection Agency ("EPA"), Department of Environmental Resources Management
("DERM"), the CRA, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the
performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed
using adequate safeguards, including but not limited to proper safe rigging, safety nets, fencing,
scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that
are necessary for the protection of its employees, as well as the public and CRA employees. All riggings
and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended
use, and substantially braced, tied, or secured to ensure absolute safety for those required to use it, as
well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring,
ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with
all federal state and local regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular
and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours
without the prior written approval of the Project Manager. If an emergency condition should develop during
the Project, the Contractor must immediately notify the Project Manager and CRA of each and every
occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project
Manager and CRA.
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 (`FAC") 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:
w 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, Contractor shall provide and pay for all materials, labor, water, tools,
equipment, supplies, Tight, power, intemal communications, transportation and other facilities and services
necessary for the proper execution and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among. its employees and
Subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not
skilled in the Work to which they are assigned.
20. Rules, Regulations, Laws, and Licenses
The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar
required consents and approvals relative to the provision of services, equipment, supplies and/or materials
specified in the Contract Documents, including without limitation those imposed by the federal, state,
county or CRA agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors,
and representatives shall be familiar with and comply with all federal, state, and local laws, rules,
regulations, and approvals that may affect the Work, goods, and/or services offered.
21. Consultant Services
The CRA, at its sole discretion, may hire a Consultant who shall serve as CRA's Representative for the
Project to be performed under the Contract Documents. The Contract Documents will state that a CRA's
representative has been contracted with, for the management of the Work under the Contract Documents
and who will be the lead point of contact, the Consultant, or the Project Manager. Where a Consultant has
been identified, the Consultant and the Project Manager will have authority to act on behalf of the CRA to
the extent provided in the Contract Documents and as outlined in Article 24, "Authority of the Project
Manager."
On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the
progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure
faithful performance by both the Project Manager and the Contractor and will not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of
Substantial Completion and Final Acceptance and will receive and review written warranties and related
documents required by the Contract and the Contract Documents. The Consultant will be responsible for
receiving all documentation for review and acceptance. Upon acceptance, such documentation will be
forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve
Schedules of Values, Project Schedules, Subcontractors, and invoices.
The CRA may contract for additional Consultant services, including but not limited to construction
examination and observation services. Such services are intended to be additional services and shall not
be construed to supplant or alter the role and responsibilities of the Consultant.
In case of the termination of employment of the Consultant, the CRA may, at its sole discretion, appoint
another Consultant, whose status under the Contract shall be as that of the terminated Consultant.
22. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management,
including any and all subcontracts necessary to ensure that the Work is performed in accordance with the
Contract Documents.
Project Management shall Include, but is not limited to obtaining bids from Subcontractors and suppliers;
coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors
comply with all City and CRA requirements; performing the Work in accordance with the Contract
Documents to the satisfaction of the Project Manager, paying all Subcontractors; obtaining release of
liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion.
23. Superintendence and Supervision
The orders of the CRA are given through the Consultant or the Project Manager, which instructions are to
be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a
full-time, competent, English speaking superintendent, and any necessary assistants, all -satisfactory to
the Project Manager. The superintendent shall not be replaced except with the written consent of the
Project Manager, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in
Contractor's employ. The superintendent shall represent Contractor, and all directions given to the
superintendent shall be as binding as.if given to Contractor, and will be confirmed in writing by the Project
Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work,
using Contractor's best skills 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.
On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a
minimum, the following information in a bound log: the day; date; weather conditions and how any weather
conditions affected progress of the Work; time of commencement of Work for the day; the Work being
performed; materials, labor, personnel, equipment and Subcontractors at the Project site(s); visitors to the
Project site, including regulatory representatives the City; any special or unusual conditions or occurrences
encountered; and the time of termination of Work for the day. All information shall be recorded in the daily
log in indelible ink. The daily log shall be kept on the Project site(s) and shall be available at all times for
inspection and copying by Project Manager and Consultant.
The Project Manager, Contractor, Construction Manager, CEI, and Consultant shall meet at least every
two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to review
and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and
distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the Contract
Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the
Plans, it shall be the Contractor's duty to inform the CRA immediately, in writing, and the CRA will promptly
review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole
risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be solely responsible for the means, methods, techniques,
sequences, and procedures of construction.
All Work, including trade Work shall be performed and supervised by persons properly licensed for the
Work being performed.
24. Authority of the Project Manager
The Director hereby authorizes the Project Manager designated in the Contract Documents to determine,
all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to
or on account of the Work, and questions as to the interpretation of the Work to be performed under this
Contract Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly
respond to requests of the Project Manager, including the withdrawal or modification of any previous order,
and regardless of whether the Contractor agrees with the Project Manager's determination or requests.
Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is
practicable.
The Project Manager shall have authority to act on behalf of the CRA to the extent provided by the Contract,
unless otherwise modified in writing by the CRA. All instructions to the Contractor shall be issued in writing
and shall be issued. All instructions to the Contractor shall be issued through the Director or Project
Manager.
The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide safe
facilities for such access, so the Project Manager and Consultant may perform their functions under the
Contract. The Project Manager will make periodic visits to the Work site to become generally familiar with
the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the
Contract Documents.
The Project Manager will not be responsible for construction means, methods, techniques, sequences, or
procedures, or for safety precautions and programs in connection with the Work and will not be responsible
for the Contractor's failure to carry out the Work in accordance with the Contract Documents.
The Project Manager will have authority to reject Work that does not conform to the Contract Documents.
Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion
of the Contract Documents the Project Manager and Consultant will have authority to require special
inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed. Neither
the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by
him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or
responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor, supplier or any
of their agents, employees, or any other person performing any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be consistent with
the intent of the Contract Documents.
The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor,
any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work.
25.Inspection of Work
The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City and or CRA
representatives shall at all times have access to the Work during normal work hours, and Contractor shall
provide proper facilities for such access and for inspecting, measuring, and testing.
Should the Contract Documents, Consultant, CEI, Project Manager's instructions, any laws, ordinances,
or any public authority require any of the Work to be specially tested or approved, Contractor shall give
the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be
made by an authority other than CRA, 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 the Project Manager, it must, if required by the Project Manager,
be uncovered for examination, and properly restored at Contractor's expense.
If warranted and unless otherwise provided, the Contractor shall arrange for such tests, inspections, and
approvals with the CRA's testing laboratory or entity. The Contractor shall give the CRA and the Project
Manager timely notice of when and where tests and inspections are to be made so that the CRA or Project
Manager may be present for such procedures.
Re-examination of any of the Work may be ordered by the CRA, and if so ordered, the Work must be
uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, CRA
shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in
accordance with the Contract Documents, Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed
or partially completed, if the CRA or separate Contractors has to correct or remove Contractor's 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 the Project Manager.
The payment of any compensation, whatever may be Its character or form, or the giving of any gratuity or
the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and
any such act on the part of the Contractor will constitute a breach of this Contract.
26. Taxes
Contractor shall pay all applicable sales, consumer, use and any other taxes, levies, assessments, and
impositions all other impositions required by law, rule, or regulation. Contractor is responsible for reviewing
the pertinent state statutes and local laws involving state taxes/impositions and complying with all
requirements.
27. Separate Contracts
Prior to the commencement of the Work, the CRA will notify the Contractor of all ongoing Projects or
Protects scheduled to commence during the Work that may require coordination. The Contractor shall be
responsible for coordinating the Work with any other Project to minimize any potential adverse impact.
Contractor shall not be entitled to any days of delay for failure to coordinate the Work properly. The Project
Manager will assist the Contractor in coordinating the Work; however, the sole responsibility for
coordination rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the Work of any other
persons, Contractor shall inspect and promptly report to the CRA any defects in such Work that render it
unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall
constitute an acceptance of the other person's Work as fit and proper for the reception of Contractor's
Work, except as to defects that may develop in other Contractor's Work after the execution of Contractor's
Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution
of the Work so as to create no interference or impact on any other Contractor on the site. Should such
interference or impact occur, Contractor shall be liable to the affected Contractor for the cost of such
interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place
3and shall at once report to the Project Manager any discrepancy between the executed Work and the
requirements of the Contract Documents.
28. Lands of Work
CRA 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 CRA for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to CRA, any additional land and
access thereto that may be required for temporary construction facilities, or for storage of materials.
Contractor shall fumish to CRA copies of written permission obtained by Contractor from the owners of
such facilities.
29. Coordination of Work
The Project site(s) may be occupied and may operate as specified in Section 3, Supplemental Terms and
Conditions, Article 1, "Contract Time and Hours." Contractor shall ensure that the performance of the Work
does not impact any ongoing operations at Project site(s), which also includes the delivery of any materials
and equipment. Access to and egress from the Project site(s) shall be coordinated with the Project
Manager and the Consultant to minimize interference to regular and emergency operations of the facility.
Contractor may be required to coordinate the Work with other Contractors performing Work at the Project
site.
30. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or concealed conditions
at the Project site(s) which differ materially from those shown in the Contract Documents and from those
ordinarily encountered and generally recognized as inherent in Work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site(s), of an unusual nature, which
differ materially from that ordinarily encountered and generally recognized as inherent in Work of the
character called for in the Contract Documents, Contractor, without disturbing the conditions and before
performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery,
notify the CRA in writing of the existence of the aforesaid conditions. The CRA shall, within two (2)
business days after receipt of Contractor's written notice, investigate the site conditions identified by
Contractor. lf, in the sole opinion of the CRA, the conditions do materially so differ and cause an increase
or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work,
whether or not charged as a result of the conditions, the CRA shall recommend an equitable adjustment
to the Contract Documents Price or Contract Documents Time, or both. If the CRA and Contractor cannot
agree on an adjustment in the Contract Price or Contract Time, theadjustment shall be referred to the
Director for determination. Should the Director determine that the conditions of the Project site(s) are not
so materially different to justify a change in the terms of the Contract Documents, the Director shall so
notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such
determination shall be final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall
be allowed unless Contractor has given written notice and otherwise fully documented altering site
conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment
or change to the Contract price or Contract time for differing site conditions shall be allowed if made after
the date certified by the CRA as the date of substantial completion.
31. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings. The
locations shown are taken from existing records and the best information available from existing plans and
utility investigations; however, it is expected that there may be some discrepancies and omissions in the
locations and quantities of utilities and structures shown. Those shown are for the convenience of the
Contractor only, and no responsibility is assumed by the CRA for their accuracy or completeness. No
request for additional compensation or Contract time resulting from encountering utilities not shown will be
considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary
adjustments. The Contractor must coordinate all underground utility locations through "Sunshine State
One Call of Florida, Inc.," who shall be contacted a minimum of forty-eight (48) hours before the Contractor
commences any digging. The Contractor is responsible for removing all utility markings once the Work is
completed. Final payment to the Contractor may be withheld until the utility marks are removed.
32. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic,
television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all
arrangements necessary for the protection of these utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in
advance. Under no circumstance, expose any utility without first obtaining permission from the appropriate
agency. Once permission has been granted, locate, expose, and provide temporary support for all existing
underground utilities and utility poles where necessary.
The Contractor and their Subcontractors shall be solely and directly responsible to the owner and operators
of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of
any character brought because of any injuries or damage that may result from the construction operations
under the Contract Documents.
Neither the CRA nor its officers or agents shall be responsible to the Contractor for damages as a result
of the Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of
accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with
said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall
interruption of any utility service be allowed unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor may, by
obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar
and equal materials at the Contractor's expense and as approved by the CRA.
Replace, with material approved by the CRA, at Contractor's expense, any and all other laterals, existing
utilities or structures removed or damaged during construction, unless otherwise provided for in the
Contract Documents and as approved by the CRA and the City. Replace, with material approved by the
CRA, at Contractor's expense, any existing utilities damaged during the Work.
33. Interfering Structures
An attempt has been made to show major structures on the fumished Drawings. While the information has
been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and
is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any
affected companies, including utility companies and take necessary precautions to prevent damage to
existing structures whether on the surface, above ground, or underground, including have the owner of the
interfering structures place temporary supports.
34. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such
relocations shall be made only by the direction of the Project Manager at the Contractor's expense. If
existing structures are encountered that will prevent construction as shown, the Contractor shall notify the
Project Manager before continuing with the Work in order that the CRA and its Consultants may make
such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails
to notify the Project Manager when an existing structure is encountered, and proceeds with the Work
despite this interference, the Contractor does so at their own risk.
35. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project site(s) and such limitations will be
identified by the Project Manager. In addition to such limitations, the Project Manager may make storage
available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also
coordinate and schedule deliveries so as to minimize disruptions to CRA day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for limited disruption of the surrounding
area operation. This is necessary, as the surrounding areas remain in operation during the Work.
■ The Contractor shall:
2. Confine operations at the Project site(s) to the areas permitted by the CRA, its
Consultants and Project Manager, not disturb portions of the Project site(s) beyond
the specified areas; conform to Project site(s) rules and regulations affecting the
Work.
3. Keep existing driveways and entrances serving surrounding facilities clear and
available to the CRA, its employees and the public at all times; not use areas for
parking and/or storage of materials _ except as authorized by the Contract
documents and Project Manager.
3. Assume all responsibility for its tools, equipment, and materials, including any
materials purchased for the Work and not accepted by the CRA, and its vehicles
while performing Work for the CRA and/or while parked or stored at a CRA facility.
The CRA assumes no liability for damage or loss to the items specified in this
paragraph.
Access to parking and egress from the Project site(s) shall be subject to the approval of the Project
Manager.
36. Warranty of Materials and Equipment
Contractor warrants to CRA that all materials and equipment furnished under the Contract Documents will
be new unless otherwise specified and that all of the Work will be of good quality, free from faults and
defects and in conformance with the Contract Documents and Contract/Documents.
All Work not conforming to these requirements, induding substitutions not properly approved and
authorized, may be considered defective. If required by the CRA, Contractor shall fumish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other
provisions within the Contract Documents.
37.Material and Equipment Shipment, Handling,. Storage and Protection
Preparation for_ Shipment: When practical, equipment shall be factory assembled. The equipment parts
and assemblies that are shipped unassembled shall be fumished with assembly plan and instructions. The
separate parts and assemblies shall be factory match -marked or tagged In a manner to facilitate assembly.
All assemblies are to be made by the Contractor at no additional cost to the CRA.
Generally, machined, and unpainted parts subject to damage by the elements shall be protected with an
application of a strippable protective coating, or other approved protective method.
Equipment shall be packaged or crated in a manner that will provide protection from damage during
shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to Indicate its contents by name
and equipment number, if applicable; approximate weight; state any special precautions for handling; and
indicate the recommended requirements for storage prior to installation.
Packaging and Delivery of Spare Parts and Special Tools: Properly mark to identify the associated
equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection
against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked
to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated
equipment is scheduled for the initial test run.
Shipment All equipment and material shall be shipped with freight and shipping paid freight on board
(FOB) job site. The Contractor shall request a seven (7) calendar day advance notice of shipment from
manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the current
delivery information concerning equipment items and material items of critical importance to the Project
schedule.
ReceMna: The Contractor shall unload and record the receipt of all equipment and materials at the jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment
maintenance for the Contractor -Supplied and CRA-Supplied materials and equipment shall be included in
the prices bid and no extra compensation will be allowed.
Inspection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect
for completeness and any evidence of damage during shipment. CRA supplied equipment and material
shall be inspected and inventoried together with CRA or a CRA's Inspector. Should there appear to be any
shortage or damage, the CRA shall be immediately notified; and the Contractor shall be fully responsible
for informing the manufacturers and the transportation company of the extent of the shortage or damage.
If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary
measures to expedite the replacement or supply the missing parts.
Handling: Equipment and materials received for installation on the Project shall be handled in accordance
with the manufacturer's recommendations, and in a manner that will prevent damage.
Storage: Equipment and materials shall be stored prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards.
Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items
requiring environmental control for protection shall be provided with the necessary environmentally
controlled storage facilities at no cost to the City.
Insurance: The Contractor's insurance shall adequately cover the value of materials delivered but not yet
incorporated into the Work.
Inventory: Control: Equipment and materials shall be stored in a manner to provide easy access for
inspection and inventory control. The Contractor shall keep a running account of all materials in storage to
facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the City: Provide the required or manufacturer's
recommended maintenance during storage, during the installation, and until such time as the CRA accepts
the equipment for full-time operation.
Salvage Equipment: Any salvageable pipe, fittings, or other miscellaneous material or equipment suitable
for reuse removed during construction and not reused in the Work shall be cleaned, hauled, and stored by
the Contractor at his own expense, where directed by the CRA, and shall remain the property of the CRA.
All other material shall be disposed of by the Contractor at his own expense.
38. Manufacturer's Instructions
The Contractor shall:
• Comply with manufacturer's requirements for the handling, delivery, and storage of all
materials. Where required by the Contract Documents, Contractor shall submit
manufacturer's printed instructions for delivery, storage, assembly, and installation.
• Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract Documents
including the Contract Documents.
• Inspect each item of material or equipment immediately prior to installation and reject
damaged and defective items.
• Provide attachment and connection devices and methods for securing the Work; secure
Work true to line plumb and level, and within recognized industry standards; allow for
expansion and building movement; provide uniform joint width in exposed Work; arrange
joints in exposed Work to obtain the best visual effect and refer questionable visual effect
choices to the Consultant for final decision when applicable to the Work.
■ Recheck measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
■ Install each unit or section of Work during favorable weather conditions, which shall ensure
the best possible results in coordination with the entire Project and isolate each unit of
Work from incompatible Work as necessary to prevent potential interference among each
section andlor deterioration of equipment.
• Coordinate enclosure of the Work. which requires inspections and tests so as to minimize
the necessity of uncovering Work for that purpose.
• When required by the Contract Documents or the manufacturer, a qualified representative
shall be present to observe field conditions, conditions of surface and installation, quality
of workmanship, and applications. Manufacturer's representative shall provide the
Contractor and the CRA a written report of field observations.
39. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be
made available to the CRA for material and equipment covered by this Contract Documents. All material
and equipment furnished shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the CRA, the Contractor shall correct any and all apparent and latent
defects that may occur within the manufacturer's standard warranty. The Contract Documents may
supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project.
40. Reference Standards
Reference to the standards of any technical society, organization, or body shall be construed to mean
the latest standard adopted and published at the date of request for qualifications, even though reference
may have been made to an earlier standard. Such reference is hereby made a part of the Contract
Documents the same as if herein repeated in full and in the event of any conflict between any of these
standards and those specified, the most stringent shall govem unless otherwise stated.
41. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any
and all other submittals to make sure they comply with the Contract Documents prior to submission to the
CRA.
Contractor by approving and submitting any submittals, represents that they have verified the accuracy of
the submittals, and they have verified all of the submittal information and documentation with the
requirements of the Contract Documents. At time of submission, the Contractor shall advise the CRA in
writing of any deviations from the Contract Documents. Failure of the Contractor to advise the CRA of any
deviations shall make the Contractor solely responsible for any costs incurred to correct, add, or modify
any portion of the Work to comply with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following information:
• Number and title of drawing, including Contract title and Number
■ Date of drawing and revisions
■ Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
■ Space above the title block for Project Manager's or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to
certify compliance with the requirements of the Contract Documents. Shop drawings submitted without the
stamp, signature shall be rejected, and it will be considered that the Contractor has not complied with the
requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur
because of such rejection. CRA shall not be liable for any materials, fabrication of products or Work
commenced that requires submittals until the CRA has retumed approved submittals to the Contractor.
The CRA and its Consultants shall make every effort to review submittals within fourteen (14) calendar
days from the date of receipt by the CRA. The CRA'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 CRA shall return the shop drawings
to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor
of any responsibility for any deviations from the requirements of the Contract Documents unless the
Contractor has given written notice to the CRA of the specific deviations and the Consultant have issued
written approval of such deviations.
By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that
all materials, field measurements and field construction criteria related thereto have been verified,
checked, and coordinated with the requirements of the Work and have been verified, checked, and
coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all shop drawings, copies of product data and
samples, which bear the.EOR's stamp of approval. Distribution shall include, but not be limited to; job site
file, record documents file, Subcontractor, suppliers, and other affected parties or entitles that require the
information. The Contractor shall also provide copies of all plans approved and permitted by the required
governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by
the CRA's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any
shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the
Contract Documents. Nothing in the CRA's review of shop drawings, Submittals and Samples shall be
construed as authorizing additional Work or increased cost to the CRA.
Where a conflict exists between the submittal requirements of the General Terms and Conditions and the
Technical Specifications, the Technical Specifications shall prevail.
42. Shop .Drawings
Contractor shall submit shop drawings as required by the Contract Documents. The purpose of the shop
drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements,
details of the item, and evidence of its compliance or noncompliance with this Contract Documents.
Within five (5) calendar days after CRA's award of the Contract, Contractor shall submit to the CRA a
complete list and submittal log of items for which shop drawings are to be submitted and shall identify the
critical items and all submittal dates. Approval of this list by the CRA shall in no way relieve the Contractor
from submitting complete shop drawings and providing materials, equipment, etc., fully in accordance with
the Contract Documents. This procedure is required in order to expedite final approval of shop drawings.
After the approval of the list of items required in above, Contractor shall promptly request shop drawings
from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the shop drawings and each and every copy shall show its
approval thereon.
Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code)
or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is
the sole responsibility of the Contractor to ensure that the shop drawings meet all Code requirements.
In addition to all shop drawings required by the Contract Documents the Contractor must provide shop
drawings for, all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration
trench filter fabric. If the shop drawings show or indicate departures from the Contract Documents,
Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such
departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents.
The CRA shall review and accept or reject with comments, shop drawings within fourteen (14) calendar
days from the date received. The CRA's approval of shop drawings will be general and shall not relieve
Contractor of responsibility for the accuracy of such shop drawings, nor for the proper fitting and
construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents
and not indicated on the shop drawings. No Work called for by shop drawings shall be performed until said
shop drawings have been approved by EOR. Approval shall not relieve Contractor from responsibility for
errors or omissions of any sort on the shop drawings.
No approval will be given to partial submittals of shop drawings for items, which interconnect and/or are
interdependent where necessary to evaluate the design properly. It is Contractor's responsibility to
assemble the shop drawings for all such interconnecting and/or interdependent items, check them and
then make one submittal to the CRA along with its comments as to compliance, noncompliance, or features
requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any
additional information or changes on such drawings shall be typewritten or lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly
detailed and shall have listed on it all Contract Documents references, drawing number(s), specification
section number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in
every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of
fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary
information per standard trade practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials, systems, and or
equipment are required, EOR is entitled to rely upon the accuracy and completeness of such calculations
and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat
clear and easy format to follow.
Contractor shall always keep one (1) set of shop drawings marked with EOR's approval at the job site.
43. Product Data
Contractor shall submit four (4) copies of product data, warranty information, and operating and
maintenance manuals. Each copy must be marked to identify applicable products, models, options, and
other data. Contractor shall supplement manufacturer's standard data to provide information unique to the
Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent
products, with references to the specifications and the Contract Documents. Identify reference standards,
performance characteristics and capacities, wiring and piping diagrams and controls, component parts,
finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information, and operating and maintenance
manuals at fifty percent (50%) completion of construction.
44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals
shall be coordinated for different categories of interfacing Work. Contractor shall include identification on
each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project site(s) one (1) record copy and one (1) permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings,
amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and
clarifications issued by the CRA, in good order and annotated to show all changes made during
construction.
The record documents shall be continuously updated by Contractor throughout the prosecution of the Work
to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting
from Change Orders, Construction Change Directives, and Field Directives as well as all written
interpretations and clarifications, and all concealed and buried installations of piping, conduit, and utility
services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent
to CRA's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the CRA, that
Contractor is fulfilling its obligation to update the record documents continuously. All buried items, outside
the Project 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 CRA and the Consultant
for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to
final payment, the record documents shall be delivered to the CRA by the Contractor. The Record Set of
drawing shall be submitted in both hard copy and as electronic plot files.
46. Supplemental Drawings and Instructions
The CRA 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.
The CRA shall have the right to modify the details dale plans and specifications, to supplement the plans
and specifications with additional plans, drawings, or additional information as the Work proceeds, all of
which shall be considered as part of the Contract Documents. In case of disagreement between the written
and graphic portions of the Contract Documents, the written portion shall govern.
47. Contractor Furnished Drawings
A Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings
depending on the nature and scope of the Work to be performed. The following applies to the different
types of drawings. The CRA 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 CRA prior to
resubmission to the permitting agency. Acceptance by the CRA and or County shall not relieve the
Contractor from responsibility for errors and omissions in the drawings.
48. 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 Consultant sufficient
information is submitted by Contractor to allow CRA and Consultant to determine that the material or
equipment proposed is equivalent or equal to that named. Requests for reviewof substitute items of
material and equipment will not be accepted by the CRA from anyone other than Contractor.
If Contractor wishes to fumish or use a substitute Item of material or equipment, Contractor shall make
application to the CRA for acceptance thereof, certifying that the proposed substitute shall perform
adequately the functions and achieve the results called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as that specified. The application shall state that
the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of
Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require
a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or
not incorporation or use by the substitute in connection with the Work is subject to payment of any license
fee or royalty. All variations of the proposed substitute from that specified will be identified in the application
and available maintenance, repair and replacement service shall be indicated. The application also shall
contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs for redesign and claims of other Contractors affected by the resulting change,
all of which shall be considered by the Consultant in evaluating the proposed substitute. The CRA may
require the Contractor to furnish at Contractor's expense additional data about the proposed substitute.
If a specific means, method, technique, sequence, or procedure of construction is indicated in or required
by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient
information to allow the FOR to determine that the substitute proposed is equivalent to that indicated or
required by the Contract Documents. The procedures for submission to and review by the Consultant shall
be the same as those provided herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The
CRA shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed,
or utilized without the CRA's and the Consultant's prior written acceptance which shall be evidenced by
either a Change Order or an approved submittal. The CRA may require the Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any substitute. If
the Consultant rejects the proposed substitute, at their discretion, the CRA may require the Contractor to
reimburse the CRA for the charges of the Consultant for evaluating the proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required
design of such are in full compliance with and meet all the requirements of the Contract Documents.
49. CRA Furnished Drawings
The CRA, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the
Contractor to bring to the immediate attention of the CRA any discrepancies between the drawings and
existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during
the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to
commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have
been avoided by notifying the CRA prior to commencement. This shall also apply to any revisions or
omissions identified by the Contractor. The Contractor shall submit all requests for Information entitled
Request for Information (RFI). The CRA and its hired Consultants shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify
any required revisions, omissions, and/or errors, not identified in writing to the CRA prior to commencing
the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor
is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed
correctly and coordinated among the trades. Contractor shall not scale the drawings.
50. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used
together and not separately. During the performance of the Project, should any errors, omissions, conflicts,
ambiguities, or discrepancies be found in the drawings and/or specifications, the CRA will clarify in writing
the intent of the drawings and/or specifications and the Contractor agrees to abide by the CRA's
interpretation and perform the Work in accordance with the decision of the City. In such event, the
Contractor will be held to have included in its Contract Price the best materials suitable for the purpose
and/or methods of construction.
51. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract
Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The
CRA may, in its sole and absolute discretion, test materials, and products at its own cost. However, should
such materials or products fail to pass the test and/or meet the requirements of the Contract Documents,
the Contractor shall reimburse the CRA for the cost of such tests and repair or replace said materials or
products. In such Instances, the CRA may deduct such cost from any payments pending to the Contractor.
52. Field Directives
The CRA may at times Issue field directives to the Contractor based on visits to the Project site(s). Such
Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive.
Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall,
within forty-eight (48) hours, notify the CRA that the Work is outside the scope of the Work. At that time,
the Field Directive may be rescinded, or the Contractor may be required to submit a request for a change
to the Contract. Where the Contractor is notified of the CRA's position that the Work is within the scope
and the Contractor disagrees, the Contractor shall notify the CRA that the Contractor reserves the right to
make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse
to comply with the directive. Failure to comply with the directive may result in a determination that the
Contractor is in default of the Contract.
53. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, CRA 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 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 CRA.
54. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with CRA, including disputes or disagreements concerning a request for a Change Order,
a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed
or postponed pending resolution of any disputes or disagreements.
55. Change Orders
Changes in the quantity or character of the Work within the scope of the Project 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 CRA.
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, CRA 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 90, "Resolution of Disputes? During the pendency of the dispute, and upon receipt of a
Change Order approved by CRA, Contractor shall promptly proceed with the change in the Work involved
and advise the CRA and Director in writing within seven (7) calendar days of Contractor's agreement or
disagreement with the method, if any, provided in the Change Order for determining the proposed
adjustment in the Contract Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the
performance bond and payment bond (if applicable) are increased so that each reflects the total Contract
Price as increased.
Under circumstances determined necessary by CRA, Change Orders may be issued unilaterally by City.
The CRA 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 CRA expressly and
unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence
of such an order, the CRA may direct, order, or require the Contractor to perform any Work including that
which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall
promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give
written notice to the CRA stating why the Contractor 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 CRA to keep an
accurate record of materials, labor and other items involved; and (3) affording an opportunity to the CRA
to take such action as it may deem advisable in light of such disputed Work.
56. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the
reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also
result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and
any other Work affected by the Extra Work.
The CRA shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra
Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to start the
Extra Work immediately. The Contractor is required to obtain permission for an extension to start the Extra
Work if it is beyond the Contractor's ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which
shall include requested revisions to the Contract, including but not limited to adjustments in this Contract
Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost
proposal demonstrating its reasonableness. In furtherance of this obligation, the CRA may require that the
Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates
by trade, and Work classification, and overhead rates In support of Contractors Change Proposal Request.
The Contractor's Change Proposal Request must include any schedule revisions and an explanation of
the cost and schedule impact of the Extra Work on the Project. If the Contractor fails to notify the CRA of
the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Contractor
that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the
Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten
percent (10%) of the direct labor and material costs, unless the CRA determines that the complexity and
risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may
be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra
Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The
execution by the Contractor of the Change Order shall serve as a release of the CRA from all claims and
liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any
prior acts, neglect, or default of the CRA relating to the Extra Work.
Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5)
business days, submit a revised Project schedule reflecting the changes against the baseline schedule.
57. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or modification, termination, or
discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing
and signed by the parties charged, therewith or their duly authorized representative.58. Value of
Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease
In the Contract Price shall be determined in one of the following ways:
• Where the Work involved is covered by unit prices contained in the Contract, by
application of unit prices to the quantities of items involved.
• By mutual acceptance of a Contract unit price, which Contractor and Project Manager
acknowledge, contains a component for overhead and profit.
• Based on the "Cost of Work," determined as provided in this, plus a Contractor's fee
for overhead and profit, which is determined as provided in this Article.
• The term "Cost of Work" means the sum of all direct costs necessarily incurred and
paid by Contractor in the proper performance of the Work described in the Change
Order. Except as otherwise may be agreed to in writing by the CRA, such costs shall
be in amounts no higher than those prevailing in the locality of the Project, shall include
only the following items and shall not include any of the costs itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the Work described
in the Change Proposal Request under schedules of job classifications agreed upon by the CRA. Payroll
costs for employees not employed full time on the Work covered by the Change Proposal Request shall
be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe benefits which shall include social security contributions,
unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement
benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of performing the Work after regular working hours,
on Sunday or legal holidays shall be included in the above to the extent authorized by CRA.
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. Ail
cash discounts shall accrue to Contractor unless CRA deposits funds with Contractor with which to make
payments, in which case the cash discounts shall accrue to CRA. All trade discounts, rebates and refunds,
and all retums from sale of surplus materials and equipment shall accrue to CRA and Contractor shall
make provisions so that they may be obtained. Rentals of all construction equipment and machinery and
the parts thereof whether rented from Contractor or others In accordance with rental agreements approved
by CRA 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 CRA, Contractor shall obtain competitive bids for the Change Order Work. Contractor
and shall deliver such competitive bids to the CRA who will determine which bids will be accepted. If the
Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the
Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall
be subject to the other provisions of the Contract Documents insofar as applicable.
The term "Cost of the Work" shall include any of the following:
• Cost of special Consultants, including, but not limited to, Consultants, architects,
testing laboratories, and surveyors employed for services specifically related to the
performance of the Work described in the Change Order.
• Supplemental costs Including the following:
• The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work
except for local travel to and from the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not
owned by the workmen, which are consumed in the performance of the Work, and less
market value of such items used but not consumed which remains the property of
Contractor.
■ Sales, use, or similar taxes related to the Work, and for which Contractor is liable,
imposed by any governmental authority.
■ Deposits lost for causes other than Contractor's negligence, royalty payments, and
fees for permits and licenses.
• The cost of utilities, fuel, and sanitary facilities at the site.
■ Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage, and similar petty cash items in connection
with the Work.
• Cost of premiums for additional bonds and insurance required because of changes in
the Work.
The term "Cost of Work" shall not include any of the following:
■ Payroll costs and other compensation of Contractor's officers, executives, principals
(of partnership and sole proprietorships), general managers, consultants, architects,
estimators, lawyers, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor whether
at the site or in its principal or a branch office, for general administration of the Work
and not specifically included in the agreed -upon schedule of job classifications, all of
which are to be considered administrative costs covered by Contractor's fee.
• Expenses of Contractor's principal and branch offices other than Contractor's office at
the site.
• Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
• Cost of premiums for all Bonds and for all insurance whether or not Contractor is
required by the Contract Documents to purchase and maintain the same, except for
additional bonds and insurance required because of changes in the Work.
• Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone
directly or indirectly employed by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of defective Work, disposal of
materials or equipment wrongly supplied and making good any damage to property,
or soft costs such as consultant costs, or any costs not directly attributable to the work.
• Other overhead or general expense costs of any kind and the cost of any item not
specifically and expressly included in this Article.
Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows:
• A mutually acceptable fixed fee or if none can be agreed upon;
• A fee based on the following percentages of the various portions of the cost of the
Work;
• Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten
percent (10%);
• Where a Subcontractor performs the Work, Contractor's fee shall not exceed seven
and one-half percent (7.5%); and If a subcontract is on the basis of cost of the Work
plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and
profit shall not exceed ten percent (10%);
• No fee shall be payable for special Consultants or supplemental costs; and
• No other markup or charge shall be allowed except as expressly provided above.
The amount of credit to be allowed by Contractor to CRA for any such change, which results in a net
decrease in cost, will be the amount of the actual net decrease. When both additions and credits are
involved in any one change, the combined overhead and profit shall be figured on the basis of the net
increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed.
Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form
acceptable to the CRA an itemized cost breakdown together with the supporting data.
Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is an
addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to the City.
• Breakdown shall list the quantities and unit prices for materials, labor, equipment, and
other items of cost.
• Whenever a change involves Contractor and one (1) or more Subcontractors, and the
change is an increase in the Contract Price, overhead and profit percentage for
Contractor and each Subcontractor shall be itemized separately.
• Each Change Order must state within the body of the Change Proposal Request
whether it is based upon unit price, negotiated lump sum, or "Cost of Work."
59. Extra Work Directive
if the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating
circumstances, the CRA may nevertheless issue a directive to the Contractor to do the proposed Extra
Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed
with the Work set forth in that directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 90,
"Resolution of Disputes," by furnishing a written statement to the Project Manager, CRA and its Consultants
for the project within five (5) calendar days of the Extra Work Directive, based upon any aspect, of such
Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific
matters reserved by the Contractor in its bid and have not been resolved prior to the issuance of the Extra
Work Directive. The written statement must set forth all details of the Contractor's claim including the
manner that the disputed item was specified in the Contractor's bid. During the pendency of any dispute
hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise
advised by the Project Manager's written instructions. In the event there is a dispute as to price, the
Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full
satisfaction of the Contractor's claim for an adjustment to the value of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory
price shall be as follows:
■ No payment will be made to the Contractor for Extra Work in excess of "Actual and
Necessary Cost" which is to say time and materials plus a mark-up not to exceed ten
percent (10%). This will not vary, whether the Extra Work is performed by the
Contractor or his Subcontractor. The Project Manager must approve any exceptions.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra
Work for (I) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer
pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to
the State Unemployment Insurance Law, (Ili) 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 Construction
Manager; and (vi) any additional materials necessary for the performance of the Extra Work.
In case any Work or materials shall be required to be done or furnished under the provisions of this Article,
the Contractor shall at the end of each day fumish to the CRA such documentation as the CRA may require
supporting ail the costs of the Extra Work. If payments on account are desired as the Extra Work
progresses, the Contractor shall render an itemized statement showing the total amount.expended for
each class of labor and for each kind of material on account of each item of Work as a condition precedent
to the inclusion of such payment in a partial estimate. Upon the request of the CRA, the Contractor shall
produce for audit by the CRA 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
CRA. The Project Manager shall determine any questions or dispute as to the correct cost of such labor,
materials, or plant.
In case the Contractor Is ordered to perform Work under this Article, which in the opinion of the Project
Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will,
subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in
addition thereto five percent (5%) to cover the Contractor's superintendence, administration, and other
overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval,
modification, or revision by representatives of the CRA.
60. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications
as approved by the Project Manager and prepare two copies of As -Built Record Drawings showing
correctly and accurately all changes and deviations made during construction to reflect the Work as it was
actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and
omissions prior to submittal to the CRA 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 intemal 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, and/or electrical panel locations.
• Project Manager or Consultant's schedule changes according to Contractor's records
and shop drawings.
Specifications and Addenda Legibly mark each section to record:
• Manufacturer, trade name, catalog number, and Supplier of each product and item of
equipment actually installed.
■ Changes made by Project Manager or Consultant's written instructions or by Change
Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system,
and instrumentation system. As -built documents shall be updated monthly as a condition precedent to
payment. For construction of new building, or building additions, field improvements, and or roadway
improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor.
In addition, for Projects that involve roadwork and drainage, Contractor shall provide complete as -built
information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include
locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks,
benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed
and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded
information on existing utility crossing encountered during construction, included but not limited to pipes,
inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record
drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing
vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.)
61. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by
the Contractor. The identification card shall bear the employee's picture, name, title, and name of the
employer. Failure by a Contractor's employee to wear such identification may result in his removal from
the Work until such time as the identification card is obtained and worn. Such removal shall not act as a
basis for the Contractor to submit a claim for an extension of time:
62. Removal of Unsatisfactory Personnel
The CRA may make written request to the Contractor for the prompt removal and replacement of any
personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to
provide and perform services or Work pursuant to the requirements of the Contract Documents. The
Contractor shall respond to the CRA 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
CRA shall make the final determination as to the removal of unsatisfactory personnel from Work assigned
by CRA. The Contractor agrees that the removal of any of its employees does not require the termination
or demotion of employee(s).
63. Substantial Completion. Punch List, and Final Completion
The Work shall be substantially complete when the CRA, in the reasonable exercise of their discretion
determines that the Work is complete, 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 CRA and the
Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve
the Contractor from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall request in
writing that the CRA inspect the Work to determine if Substantial Completion has been achieved. No
request for Substantial Completion inspection is to be submitted until the Contractor has obtained a
Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of
Occupancy or any other approvals from agencies having jurisdiction over the Work. The CRA shall
schedule the date, time for any inspection, and notify the Contractor and any other parties deemed
necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed
as necessary. Any remaining Construction Work shall be identified on this form and shall be known as
Punch List Work. The Punch List shall be signed by the CRA and the Contractor, confirming that the Punch
Ust contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign
the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from
complying with the findings of the Project Substantial Completion Inspection and completing the Project to
the satisfaction of the CRA.
Where the Punch List is limited to minor omissions and defects, the CRA shall indicate that the Work is
substantially complete subject to completion of the Punch Ust. Where the CRA determines, on the
appropriate form that the Work is not substantially complete, the CRA shall provide a list of all open items
necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request
another Substantial Completion inspection.
The CRA and the Contractor shall agree on the time reasonably required to complete all remaining Work
included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and
issuance of final payment, the CRA shall notify the Contractor in writing of the closeout of the Project.
The CRA will prepare a Certificate of Substantial Completion in the form that shall establish the Date of
Substantial Completion. Once substantial completion is achieved, the CRA shall be responsible for
security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet
to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure
to include any items of corrective Work on such list does not alter the responsibility of Contractor to
complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Final Acceptance completion of the Work or designated portion
thereof unless otherwise provided in the Contract Documents.
64. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance,
the CRA shall, within ten (10) calendar days, make an inspection thereof. If the CRA finds 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 the CRA. Said Certificate shall state that the requirements of
the Contract Documents have been performed and the Work is ready for acceptance under the terms and
conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the CRA a final release of
all liens arising out of the Contract Documents, receipts In full in lieu thereof; an affidavit certifying that all
suppliers and Subcontractors have been paid in full and that all other indebtedness connected with the
Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings;
operations and maintenance data, and the final bill of materials, if required, and payment application.
Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the
Final Certificate for Payment.
If, after the Work has been substantially completed, full completion thereof is materially delayed through
no fault of Contractor, and the Project Manager so certifies, CRA shall, upon such certification of
Consultant, and without terminating the Contract Documents, make payment of the balance due for that
portion of the Work fully completed and accepted. Such payment shall be made under the terms and
conditions goveming final payment, except that it shall not constitute a waiver of claims. The acceptance
of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict
accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the
application for final payment.
65. NPDES Requirements
Contractor shall comply with the. State of Florida rules and regulations for the National Pollutant Discharge
Elimination System (NPDES) including but notlimited to all permitting, Notices of Intent,and the Storm
Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPPshall be included in the bid
prices. For further Information on compliance requirements for NPDES and SWPPP contact the CRA of
Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at
htto://www.deo.state.fl.us/water/stormwater/nodes/. Contractor is responsible for obtaining, completing,
and paying for any required NPDES application or permits that may be required.
66. .Force Ma sure
Should any failure to perform. on the part of Contractor be due to a condition of force majeure as. that term
is interpreted under Florida law,andthen. the. CRA may allow an extension of "'time reasonably
commensurate with the cause of such failure to perform or cure:
If the Contractor is delayed in performing any obligation under:the Contract Documents due to a force
majeure condition, the Contractor shall request a time extension from the CRA within two(2) business
daysof said force majeure occurrence.:' Any time extension shall be subject to mutual agreement and shall
not be cause for any claim by the Contractor for extra compensation unless additional 'services are
required. Does Not Include inclement weather, "except as permitted by Florida law, and may not include
the acts or omissions of Subcontractors.
67. Extension of Time
Any reference in this section to the Contractor shall bedeemed to Include suppliers,and permitted
Subcontractors, whether or not inprivity of Contract with the Contractor for the purpose of this Article.
If the Contractor is delayed at any: time during the: progress of the Work beyond the Contract Time and/or
(NTP)by.the neglect or:failure of the CRA or by a Force Majeure, then the .Contract.Time set forth in the
Contract shall be extended by the CRA:subject _to.the liowingconditions:
• The cause of thedelay arises after issuance of the NTP: and: could not have been
anticipated. by the Contractor by reasonable investigation before proceeding with the
Work;
• The Contractor demonstrates that the completion of the W ork will be actually . and
necessarily delayed; and
■ The effect of such cause cannot be avoidedor 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 CRA reserves the right to rescind or shorten any:extension previously granted if subsequently,' the
CRA determines that any information provided by the Contractor in support of a:request for an extension
of time was erroneous; provided however, that such information or facts, if known, would have resulted in
a denial of the request:for an Excusable Delay.. Notwithstanding: the above, the. CRA will not rescind or
shorten anyextension previously grantedif the Contractor acted In reliance upon the granting of such
extension and such extension was based. :on information which, although later found to have been
erroneous, was submitted in good faith by the Contractor:
The request for an Excusable. Delay shall be made within ten .(10) calendar days, except for Force Majeure.
which must be requested within two (2) business days, after the:time when the Contractor knows or should
have known of any cause for which it may claim an extension of time and shall provide any actual or
potential basis for an extension of time, identifying such causes and describing, as fully as :practicable at
that time, the nature and expected duration of the delay and its effect on the completion of that part of: the
Work identified in the request. The CRA may require the Contractor to furnish such additional information
or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the
requested extension.
The Contractor shall notbe entitled to an extension of time unless the Contractor affirmatively
demonstrates:that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable
Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform
the Work required regardless of whether the Project Manager has issued a decision or whether the
Contractor agrees or disagrees with that decision.
With regard to an injunction, strike, or interference of public origin, which may delay .the Project, the
Contractor shall promptly give the CRA a copy of the injunction or other orders and copies of the papers
upon which the same shall have been granted. The CRA 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 CRA may deem proper.
The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract
(as such date may have been extended by a change order), the making of any payment to the Contractor,
the issuance of any Change Order, shall not waiver the CRA's rights under the Contract, including but not
limited to the assessment of liquidated damages or declaring Contractor in default.
68. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor
to the CRA within ten (10) calendar 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 CRA allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's
written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor
has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the
Contract Time or Contract Price shall be determined by the CRA in accordance with Article 70, "No
Damages for Delay," if CRA and Contractor cannot otherwise agree. It is expressly and specifically agreed
that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted
in strict accordance with the requirements of this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items due to delays
beyond the control of and through no fault or negligence of Contractor if a claim Is made therefore as
provided in this Article. Such delays shall include, but not be limited to, acts or neglect by any separate
Contractor employed by CRA, fires, floods, labor disputes, epidemics, abnormal weather conditions, or
acts of God.
69. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in
Article 71, "Excusable Delay, Non-Compensable," the Contractor shall not be entitled to a separate
extension for each one of the causes; only one (1) period of extension shall be granted for the delay.
70. No Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be made or asserted against
CRA by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in
the Contract price or payment or compensation of any kind from CRA for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude
recovery of damages by Contractor for actual delays due. solely to fraud, bad faith or active interference
on the part of CRA. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for
completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and
to the extent specifically provided above. THERE WILL BE NO EXCEPTIONS.
Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to
make no claim for damages for delay of any kind in the performance of the Contract Documents whether
occasioned by any act or omission of the CRA or any of its representatives (whether it is an Excusable.
Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an
extension of time to complete performance of the Work. In this regard, the Contractor alone hereby
specifically assumes the risk of such delays, including without limitation: delays in processing or approving
shop drawings, samples or other submittals or the failure to render determinations, approvals, replies,
inspections, or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation
for CRA delay. Time extensions may be authorized, in writing, by the CRA in certain situations.
71. Excusable Delav, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors,
suppliers and vendors, agents, and representatives, and is also caused by circumstances beyond the
control of the CRA or Consultant, or (ii) is caused jointly or concurrently by Contractor or its Subcontractors,
suppliers or vendors or agents and representatives and by the CRA or Consultant. Then Contractor shall
be entitled only to a time extension and no compensation for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to
Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 68,
"Notification of Claim," hereof.
Failure of Contractor to comply with Article 68, "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.
72. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and grades as
required from the Project control points set by the CRA, and shall be solely responsible for the accuracy
thereof. All Work along the entire Project shall be located and constructed using the roadway base/center
line as reference. All elevations shown therein are in feet.
73. Defective Work
Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be
defective. If required by the CRA, Contractor shall promptly either correct all defective Work or remove
such defective Work and replace it with Work in conformity with the Contract Documents. Contractor shall
bear all direct, Indirect, and consequential costs of such removal or corrections including cost of testing
laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs
in accordance with the requirements of the Contract Documents within the time indicated in writing by the
CRA, CRA shall have the authority to cause the defective Work to be removed or corrected, or make such
repairs as may be necessary at Contractor's expense. Any expense incurred by CRA in making such
removals, corrections, or repairs, shall be paid for out of any monies due or which may become due to
Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make
all necessary repairs promptly and fully, CRA may declare Contractor in default.
If, within one (1) year after the date of Substantial Completion or such longer period of time as may be
prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any
specific provision of the Contract, any of the Work is found to be defective or not in accordance with the
Contract Documents, Contractor, after receipt of written notice from CRA, shall promptly correct such
defective or nonconforming Work within the time specified by CRA without cost to CRA, to do so. Nothing
contained herein shall be construed to establish a period of limitation with respect to any other obligation
that Contractor might have under the Contract Documents including but not limited to any claim regarding
latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection when such
defect is discovered, or obligate CRA to final acceptance.
74. Acceptance of Defective or Non -Conforming Work
The CRA, 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 CRA by the Contractor.
75. Uncovering Finished Work
The Project Manager's, Inspector's, and/or Consultant's right to make Inspections shall include the right to
order the Contractor to uncover or take down portions of finished Work. The CRA shall notify the Contractor
in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the
Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts removed
will be treated as Extra Work for the purpose of computing additional compensation and an extension of
time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and
restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the
CRA for any and all expenses or costs incurred by it, including employee salaries or related cost, in
connection with such uncovering, taking down, replacing, and restoration at the Project site.
76. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager as defective or as failing
to conform to the Contract Documents, whether observed before or after Substantial Completion and
whether or not fabricated, installed, or completed. The Contractor shall bear all cost of correcting such
rejected Work, including the cost of the CRA's additional services thereby made necessary.
The Contractor 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 Contractor
will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and
to complete the Work within a reasonable period of time, as determined by the CRA, and in the event of
failure to so comply, the Contractor does hereby authorize the CRA to proceed to have such Work done
at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The CRA shall
be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's
refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency
constituting an immediate hazard to the health or safety of personnel, property, or licensees, the CRA may
undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous
condition when it was caused by Work of the Contractor not being in accordance with the requirements of
the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time
as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special
warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance
with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from
the CRA to do so. The CRA shall give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall
be corrected to comply with the Contract Documents without cost to the CRA.
77. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to
perform the Work under the Contract Documents. The cost of traffic control shall be included in the
Contractor's Price submitted to the CRA.
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), Federal Department of Transportation (FDOT), Roadway and Bridge Standard
Index Drawing Book, permits or data. The Contractor shall abide by all applicable laws, regulations, and
codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control
and other provisions as may be required for this Project. Maintenance of Traffic (MOT)
The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including fumishing
and maintaining regulatory and informative signs along the detour route), traffic control, and other
provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD),
and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to
corresponding typical traffic control details as outlined in the previous noted standards. No Street shall be
completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic,
without specific approval.
If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the CRA, the
Contractor shall make arrangements 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 Contractor shall provide all barricades with waming lights, necessary arrow boards, and signs, to warn
motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained
by the Contractor to detour traffic.
Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately
marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property
during construction.
The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety
devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway
and Bridge Standards index -drawing book. In addition, the Contractor shall be responsible for providing
the CRA with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be
produced, signed, and sealed by a professional engineer registered in the State of Florida, employed by
the Contractor, and certified under FDOT Procedure NPIL No. 625-010-010.
Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the
fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by
inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770),
forty-eight (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 Contractor shall notify the Traffic Division twenty-four (24)
hours in advance of the construction date or forty-eight (48) hours in advance of construction within any
signalized intersection.
Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed
over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it
shall be removed, and the swale or median areas restored to their previous condition. Pavement markings
damaged during construction shall be remarked, as required by the Traffic Division. '
Maintenance of Traffic for Bypass Pumping
The Contractor shall take appropriate steps to ensure that all temporary pumps, piping, and hoses are
protected from vehicular traffic and pedestrian traffic.
Lane Closures
Where construction of the Project shall involve lane closures public streets, a Lane Closure Permit must
be obtained two (2) weeks prior to planned construction, with a minimum forty-eight (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 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M.
weekdays.
78. Location and Damage to Existing, Facilities, Equipment, or Utilities
As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, CRA
does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be
the Contractor's responsibility to field -verify all underground and overhead utility lines or equipment
affecting or affected by the Project. No additional payment will be made to the Contractor because of
discrepancies in actual and plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the
start of construction to arrange for positive underground location, relocation, or support of its utility where
that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains
or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility
companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent
utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional
payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary
to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility
providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and
all public and private utility providers occupying the right-of-way. No compensation will be paid to the
Contractor for any loss of time or delay.
All overhead, surface, or underground structures and utilities encountered are to be carefully protected
from injury or displacement. All damage to such structures is to be completely repaired within a reasonable
time; needless delay will not be tolerated. The CRA reserves the right to remedy such damage by ordering
outside parties to make such repairs at the expense of the Contractor. All such repairs made by the
Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or
fully repaired. All repairs are to be inspected by the utility owner prior to backfilling.
79. Stop Work Order
The CRA may, at any time, by written order to the Contractor, require the Contractor to stop all, or any
part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no
sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on
a later date as 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) calendar days (or the lesser period
specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the
parties have agreed, the CRA shall either.
■ Cancel the Stop Work Order, or
■ Terminate the Work covered by such order as provided in Article 89, "Termination for
Convenience."
If a Stop Work Order issued under this Article is canceled or the period of the order or any extension
thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such
suspension other than extending the time for Substantial Completion to the extent that, in the opinion of
the CRA, the Contractor may have been delayed by such suspension. In the event the CRA determines
that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work
conditions caused by the Contractor, or any other reason caused by Contractor's fault or omission, the
Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order.
80. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as being a hurricane
warning, the Contractor, at no cost to the CRA, shall take all precautions necessary to secure the Project
site in response to all threatened storm events, regardless of whether the CRA 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 CRA has
directed such suspension, will entitle the Contractor to additional Contract time as non-compensable,
excusable delay, and shall not give rise to a claim for compensable delay.
81. Use_of.Completed Portions
CRA shall have the right, at its sole option, to take possession of and use any completed or partially
completed portions of the Project Such possession and use shall not be deemed an acceptance or
beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents.
If such possession and use increase the cost of or delays the Work, Contractor shall be entitled to
reasonable extra compensation, or reasonable extension of time or both, as determined by the CRA.
In the event CRA takes possession of any completed or partially completed portions of the Project, the
following shall occur:
• CRA shall give notice to Contractor In writing at least thirty (30) calendar days prior to
CRA's intended occupancy of a designated area.
• Contractor shall complete to the point of Substantial Completion the designated area
and request inspection and issuance of a Certificate of SubstantialCompletion from
the CRA.
• Upon the CRA's issuance of a Certificate of Substantial Completion, CRA will assume
full responsibility for maintenance, utilities, subsequent damages of CRA and public,
adjustment of Insurance coverage, and start of warranty for the occupied area.
• Contractor shall complete all items noted on the Certificate of Substantial Completion
within the time specified by the CRA 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, CRA shall issue a Certificate of Final Payment relative
to the occupied area.
• If CRA 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 CRA and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused portion
or portions shall not be canceled or lapsed on account of such partial occupancy or
use. Consent of Contractor and of the insurance company or companies to such
occupancy or use shall not be unreasonably withheld.
82. Cleaning Up; CRA's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused
by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24) hours. At
the completion of a Project, Contractor shall remove all its waste materials and rubbish from and about the
Project as well as its tools, construction equipment, machinery, and surplus materials. If Contractor falls to
clean up during the prosecution of the Work or at the completion of the Work, CRA may do so, and the
cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate
contractors as to their responsibility for cleaning up, CRA may clean up and charge the cost thereof to the
contractors responsible therefore as the CRA shall determine to be Just. All combustible waste materials
shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit
dust and other particles adhering to existing surfaces.
83. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified
to do so by the CRA, shall promptly remove any part or all of Contractor's equipment and supplies from
the property of CRA. If the Contractor does not comply with CRA's order, the CRA shall have the right to
remove such equipment and supplies at the expense of Contractor.
84. Set -offs. Withholdings. and Deductions
The CRA may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be
specifically allowed in the Contract or by applicable law including, without limitation, the following:
■ Any amount of any claim by a third party;
• Any Liquidated Damages; and/or
• Any unpaid legally enforceable debt owed by the Contractor to the CRA.
The CRA shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately
held to have been wrongful, shall be paid to the Contractor in accordance with the Local Govemment
Prompt Payment Act.
85. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality
of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall
include but not limited to, any one (1) or more of the following:
• The Contractor has not performed the Work in a timely manner,
• The Contractor has refused or failed, except in case for which an extension of time is
provided, to supply properly skilled staff or provided sufficient quantities of staff to
perform the Work;
■ The Contractor has failed to make prompt payment to Subcontractors or suppliers for
any services or materials they have provided;
■ The Contractor has become insolvent or has assigned the proceeds received for the
benefit of the Contractor's creditors, or the Contractor has taken advantage of any
insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in
the hands of a receiver;
• The Contractor has failed to obtain the approval of the CRA where required by the
Contract;
• The Contractor has failed in the representation of any warranties stated herein;
▪ The Contractor has been debarred in the State of Florida or been placed on the
convicted vendors list under Section 287.133, Florida Statutes;
• The Contractor has breached a material term or provision of the Contractor Documents
and has not timely cured the breach;
• When, in the opinion of the CRA, reasonable grounds for uncertainty exist with respect
to the Contractor's ability to perform the Work, the CRA shall notify the Contractor in
writing that it must, within the time frame set forth in the CRA's request, provide
adequate assurances and a plan of action to the CRA, in writing, of the Contractor's
ability to perform in accordance with the terms of the Contract Documents. In the event
that the Contractor fails to provide to the CRA the requested assurances within the
prescribed time frame, the CRA 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 CRA may, at its sole discretion, terminate the Contract for default, the
CRA or its designated representatives may immediately take possession of all
applicable documentation and data.
• Where the CRA erroneously terminates the Contract or for default, the terminations
shall be converted to a Termination for Convenience, and the Contractor shall have
no further recourse of any nature for wrongful termination.
86. Notice of Default -Opportunity to Cure
In the event that the CRA determines that the Contractor is in default of their obligations under the Contract,
the CRA may at its sole discretion notify the Contractor in writing, specifying the basis for such default,
and advising the Contractor that such default must be cured within a specified time frame or the Contract
with the CRA may be terminated. The CRA should issue such Notification; however, the CRA is under
no obligation to issue such notification in the event the CRA lacks actual knowledge of the default.
The CRA may grant an extension to the cure period if the CRA deems it appropriate and in the best interest
of the CRA, without waiver of any of the CRA's rights hereunder. The CRA, at its sole discretion, may have
a default corrected by its own forces or another Contractor and any such costs incurred will be deducted
from any sums due the Contractor under any Contract with the CRA.
87. Termination for Default
If Contractor falls to comply with any term or condition of the Contract Documents, or fails to perform any
of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder
which is not cured within the time specified to cure the default If one has been granted by the CRA, the
Director in addition to all remedies available to it by law, may immediately, upon written notice to
Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid
by the CRA to Contractor while Contractor was in default shall be immediately returned to the CRA. The
Director may also suspend any payment or part thereof or order a Work stoppage until such time as the
issues concerning compliance are resolved. Contractor understands and agrees that termination of this
Contract under this Article shall not release Contractor from any obligation accruing prior to the effective
date of termination.
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
• Contractor fails to obtain the insurance or bonding herein required by the Contract.
• Contractor fails to comply with any of its duties under the Contract Documents, with
any terms or conditions set forth in this Contract Documents, beyond any specified
period allowed to cure such default.
• Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as required by
the Contract.
If this Contract is terminated for default and the CRA has satisfied its obligations under the Contract
Documents the CRA is granted by the Contractor full use of the Work and any Work Product in connection
with the CRA's completion and occupancy of the Project.
Where it has been determined that the Contractor has been erroneously terminated under this Article, such
termination shall be deemed to have been under Article 89, "Termination for Convenience." The CRA in
its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure.
88. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified of
the effective date of the termination and shall be liable for all damages resulting from the default, including
but not limited to re -procurement costs and other direct damages the Contractor shall stop Work as of the
date of notification of the termination and immediately remove all labor, equipment, and materials (not
owned or paid for by the CRA) from the Work site. The CRA assumes no liability for the Contractor's failure
to remove such items from the Project site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As
an alternative to termination, the CRA may bring suit or proceedings for specific performance or for an
injunction.89. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the CRA may at any
time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor.
Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract
and vacate the Project site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project on the date specified in the notice (the "Effective Date");
• Take such action as may be necessary for the protection and preservation of the
CRA's materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the CRA 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 CRA under the Contract
Documents; and
■ Take reasonable measures to mitigate the CRA'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 tumed over to. the CRA. Failure to deliver the documentation timely
shall be cause to withhold any payments due without recourse by Contractor until all
documentation is delivered to the CRA.
In the event that the CRA exercises its right to terminate the Contract pursuant to the Contract Documents,
the CRA will pay the Contractor.
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion
of the Project completed in accordance with the Contract through the completion date,
and (2) non -cancelable material(s) and equipment that is not of any use to the CRA
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. 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 Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full
satisfaction of all claims against the CRA arising out of the termination. Further, the
CRA may deduct or set off against any sums due and payable under this Article any
claims it may have against the Contractor.
• Contractor shall not be entitled to lost profits, overhead or consequential damages as
a result of a Termination for Convenience.
■ All payments made under the Contract are subject to audit.
Upon the CRA's payment In full of the amounts due the Contractor under this Article the Contractor grants
the CRA full use of the Work and any Work Product to complete the Project and subsequently occupy the
Project.
90. Resolution of Disputes
Contractor understands and agrees that all disputes between the Contractor and the CRA based upon an
alleged violation of the terms of this Agreement by the CRA shall be submitted for resolution in the following
manner.
The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute
and submit a copy to the CRA of Miami personnel identified in Section 2, Article 4, `Notices."
Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their
dispute in writing, with all supporting documentation, to the CRA, as identified in Section 2, Article 4,
"Notices." Upon receipt of said notification, the Assistant Director of the CRA shall review the issues relative
to the claim or dispute and issue a written finding.
Should the Contractor and the Assistant Director fail to resolve the dispute, the Contractor shall submit
their dispute in writing within five (5) calendar days to the Executive Director. Failure to submit such appeal
of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said
notification, the Executive Director or his designee shall review the issues relative to the claim or dispute
and issue a written finding.
Contractor must submit any further appeal in writing within five (5) calendar days to the Executive Director.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the
Contractor. Appeal to the Executive Director for the resolution, is required prior to Contractor being entitled
to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one
hundred thousand dollars ($100,000), the Executive Director's decision shall be approved or disapproved
by the CRA Board. Contractor shall not be entitled to seek judicial relief unless:
■ It has first received Executive Director's written decision, approved by the CRA Board
if applicable; or
• A period of sixty (60) calendar days has expired after submitting to the Executive
Director a detailed statement of the dispute, accompanied by all supporting
documentation, or a period of ninety (90) calendar days has expired where Executive
Director's decision is subject to CRA Board for approval; or
• CRA has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the Executive Director.
In the event the determination of a dispute under this Article is unacceptable to either party hereto, the
party objecting to the determination must notify the other party in writing within fourteen (14) calendar days
of receipt of the written determination. The notice must state the basis of the objection and must be
accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire
adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator
shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties
retain all their legal rights and remedies provided under State law. ff a party fails to timely take the written
objection, as provided, in fourteen (14) calendar days, then such party objecting to a determination
specifically waives all of its rights provided hereunder, including its rights and remedies under Florida law,
if said party fails to comply in strict accordance with the requirements of this Article
91. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
construction of a Project, and/or following the completion of the Project, the parties to this Contract agree
all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of
litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find
mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The
parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such
similar Contract provisions with all Sub -Contractors retained for the Work, thereby providing for non-
binding mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial
or to file permissive counterclaims in any action arising under this Contract.
In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees
except that Contractor shall pay ail attorney's fees of all attorneys it has engaged to defend the
CRA pursuant the Contractor's duty to indemnify, hold harmless and defend the CRA pursuant to
Section 2, Article 6, "indemnification."
92. CRA May. Avail Itself of All Remedies
The CRA 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 CRA. 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
CRA's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to
any other rights and remedies in law or in equity.
93. Permits, Licenses, and Impact Fees
All applicable permit fees, including those assessed by the CRA, are the responsibility of the Contractor.
That also includes any other permit fees not directly related to the actual construction of the Project,
Including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc.,
which may be required by Mlami-Dade County, the State of Florida, or other govemmental entities.
Except as otherwise provided within the Contract Documents, all permits, and licenses required by federal,
state, or local laws, rules, and regulations necessary for the prosecution of the Work undertaken by
Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It is
Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the
Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons
working on the Project for whom a Certificate of Competency is required.
Contractor shall pay impact or similar fees levied by the CRA and/or Miami -Dade County. Contractor shall
be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an
invoice or other acceptable documentation issued by the public entity.
Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's
Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works
Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees)
by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the CRA
through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation
issued by the public entity.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit
or overhead of Contractor. Permit fees related the Contractor's operations (e.g., permits for dumpsters,
job trailers, canteens, portable commodes, etc., et.al.) are not reimbursable.
94. Compliance with Applicable Laws
All Work shall be constructed In accordance with the latest edition of the CRA and City of Miami's Contract
documents and specifications, the City of Miami's Standards for Design and Construction as well as the
Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation
Specifications Road and Bridge Construction.
The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules,
regulations, and building and construction codes of the Federal govemment, the State of Florida, the
County, and the CRA. The attention of the Contractor is directed to the requirements of the Florida Building
Code and the Codes of Miami -Dade County and the CRA of Miami, Florida, governing the qualifications
for Contractor and Subcontractor doing business anywhere in the CRA.
95. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an Independent
Contractor. In accordance with the status of an Independent Contractor, the Contractor covenants and
agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor
will not claim to be an officer or employee of the CRA for any right or privilege applicable to an officer or
employee of the CRA, including, but not limited to: worker's compensation coverage; unemployment
insurance benefits; social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the CRA, and the Contractor alone shall be responsible
for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the
Contract shall impose any liability or duty on the CRA on account of the Contractor's acts, omissions,
liabilities or obligations of those of any person, firm, company, agency association, corporation, or
organization engaged by the Contractor as a Subcontractor, expert, consultant, Independent Contractors,
specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to:
unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any
kind. The Contractor hereby agrees to defend, indemnify, hold, and save harmless the CRA and the City
of Miami against any such liabilities, even if they arise from actions directed or taken by the CRA.
96. Third Party Beneficiaries
Neither Contractor nor CRA intends to benefit a third party directly or substantially by this Contract.
Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third
party shall be entitled to assert a claim against either of them based upon this Contract. The parties
expressly acknowledge that It is not their intent to create any rights or obligations in any third person or
entity under this Contract
97. Successors and Assigns
Subject to Section 2, Article 111, "Consent of CRA Required for Subletting or Assignment," the
performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in
part, by the Contractor without the written consent of the CRA. It is understood that a sale of the majority
of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit
of creditors shall each be deemed transactions that would. constitute an assignment or sale hereunder
requiring prior CRA approval.
Any transference without CRA approval shall be cause for the CRA to terminate this Contract. Any
assignment without the CRA's consent shall be null and void. The Contractor shall have no recourse from
such cancellation. The CRA may require bonding, other security, certified financial statements, and tax
retums from any proposed assignee and the execution of an assignment/ assumption agreement in a form
satisfactory to the CRA Attomey as a condition precedent to considering approval of an assignment.
The Contractor and the CRA each binds one another, their partners, successors, legal representatives,
and authorized assigns to the other party of this Contract and to the partners, successors, legal
representatives, and assigns of such party in respect to all covenants of this Agreement.
98. Materiality and Waiver of Breach
CRA and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents
is substantial and important to the formation of the Contract Documents and, therefore, is a material term
hereof. CRA's failure to enforce any provision of the Contract Documents shall not be deemed a waiver
of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the
Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of the Contract Documents.
99. Severability
In the event any provision of the Contract Documents, or any Section or Article or provision in these
Contract Documents, is determined by a Court of competent jurisdiction to be illegal or unenforceable,
then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of
the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result
of the deletion of such provision will materially and adversely affect the rights of either party, such party
may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based
upon this provision shall be made within seven (7) calendar days after the finding by the court becomes
final.
100. Applicable Law and Venue of Litigation; Attorney's Fees
This Contract will be Interpreted under the laws of the State of Florida, which will apply regardless of choice
of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or
other proceeding or claim 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. The parties waive any objections to venue. All parties shall bear their own attomey's fees.
101.Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Contract and
executed by the Executive Director, Director, or designee.
102. Entire Agreement_
The Contract Documents, as they may be amended from time to time, represent the entire and integrated
Contract between the CRA and the Contractor and supersede all prior negotiations, representations, or
agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered
in any respect, at any time after the execution hereof, except by a written document executed with the
same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the
Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
103. Nondiscrimination, Equal Employment .Opportunity; and Americans with Disabilities
Act
Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use
or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively
comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing
any services funded by CRA, including Titles I and II of the ADA (regarding nondiscrimination on the basis
of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons.
Contractor's decisions regarding the delivery of services under the Contract Documents shall be made
without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin,
marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully
used as a basis for service delivery.
104. Evaluation
Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any
other time deemed appropriate by the CRA, a performance evaluation report will be completed by the
CRA. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance
evaluations will be kept in CRA files for evaluation on future solicitations.
105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade
County and the State of Florida
Whenever two or more competitive sealed bids are received, one or more of which relates to commodities
manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida,
and whenever all things stated in such received bids are equal with respect to price, quality, and service,
the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the
State of Florida shall be given preference.
106. Buy America Requirements
Intentionally Deleted.
107. 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.
108..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 CRA and the involved Contractor,
continue until completion at the same prices, terms, and conditions.
109. Review of Records
CRA. shall have the right to inspect and copy, at CRA's expense, the books and records and accounts of
Contractor which relate in, any way to the Project, and to any claim for additional compensation made by
Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a
Project and to any claim for additional compensation made by. Contractor Including but not limited to all
payroll records, invoIces.for materials; and books of accounts: Such records shall conform to Generally
Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related
to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 1:19,shall. be kept in
accordance with such statute.. Otherwise, Contractor shall retain and make available to CRA all such
books and records and accounts,financial or otherwise, which relate to the Project and to any claim for a
period of five (5) years following Final Completion of the Project.
Contractorshall additionally comply with Section 119.0701, Florida Statutes, including Without limitation:
(1) Keep and maintain public records required by the CRA to: perfomt the Service; (2) upon request from
the CRA's custodianof publicrecords, providethe public agency with a copy of the requested records or
allow the records to:be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt
or .confidential and exempt from public records disclosure.requirements are not disclosed except as
authorizedby law for the duration of the Contract term and following completion of the Contract if the
Contractor does not transfer. the records to the City; (4) upon completion of the Contract, transfer, et no
cost, to the CRA all public records in possession of the. Contractor or keep and maintain public records
required:by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon
completion of the Contract; the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements: If the Contractor keeps and
maintains public records upon completion of the Contract, the Contractor shall meet all applicable
requirements for retaining public records. Ali records stored electronically must be provided: to the CRA,
upon request from the CRA's custodian of public records, in a format that is compatible with the information
technology systems of the CRA..
The Contractor agrees to maintain an accounting system that provides for accounting records; that are
supported with adequate documentation and adequate procedures for determining allowable. costs.
Contractors shall develop the proper forms and reports acceptable to the CRA for the administrat'ron and
management of the Contract Documents. IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO.
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS. CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT {305)
416-1800, VIA EMAIL AT PUBLICRECORDS WMIAMIGOV.COM,ORREGULAR
MAIL AT CITY OF MIAMI OFFICE :OF THE CITY ATTORNEY, 444 SW 2ND
AVENUE, 9TH FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT
THE RECORDS CUSTODIAN AT THE CITYOF MIAMI DEPARTMENT THAT IS
ADMINISTERING THIS CONTRACT.
110. No Interest
Any monies not paid. by CRA when claimed to be due to Contractor under the Contract Documents,
Including, but not limited to, any and all claims for damages ofany 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.
111. Payments Related to Guaranteed Obligations
The CRA may withhold from any payments to be made such sumsas may reasonably be necessary to
ensure completion of the Project with respect to defective Work, equipment; or materials that may be
identified by the Project Manager.
The CRA may deduct from any payment due the Contractor an amount equal to its cost Incurred on
account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager,
prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective
Work, equipment or material and the basis for the withholding or deduction.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the CRA will pay
the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining
documentation or obligation, as the case may be, in accordance with the Contract Documents
112. Consent of CRA Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets; conveys, or otherwise disposes of the Contract or its right,
title, or interest in or to the same, in whole or in part, or any part thereof without the previous consent in
writing of the CRA, such action shall be an Event of Default. Nothing herein shall either restrict the right
of the Contractor to assign monies due to, or to become due or be construed to hinder. prevent, or affect
any assignment by the Contractor for the benefit of its creditors, made pursuant to and in compliance with
applicable general laws of the State of Florida.
113. Agreement Limiting Time In Which to Bring Action against the CRA
In the event the Contractor may be deemed to have a cause of action against the CRA, no action shall lie
or be maintained by the Contractor against the CRA upon any claim arising out of or based upon the
Contract Documents by reason of any act or omission or requirement of the CRA 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 CRA. In the event this Artide is
found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95, Florida
Statutes shall apply.
114. 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 is covered by the provisions of the General Terms and Conditions, Section 2, Article 6,
"Indemnification," the Contractor shall diligently render to the CRA, after additional compensation is
mutually agreed upon, any and all assistance which the CRA may require of the Contractor. Additional
compensation will only be fumished relative to the costs of any corrective Work as defined in Section 2,
Article 6, "Indemnification," which is not the fault of the Contractor; the Contractor will be responsible for
payment of attomey's fees and costs incurred in defense of the Contractor and of the CRA. This Section
shall survive the cancellation or expiration of this Contract.
115..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 programs or regulations, upon thirty (30) calendar days' notice.
116. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the Contract, and the
Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto
and supersedes all previous communications and representations or agreements, whether written or oral,
with respect to the subject matter hereto unless acknowledged in writing by their duly authorized
representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is
not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control)
to a party. In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the CRA may, at its expense, elect to participate In the defense of the claim if the CRA should
so choose. Furthermore, the CRA may, at its own expense. defend or settle any such claim if the
Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the
Contractor.
117. Contract Extension
The CRA 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 CRA will notify the Contractors in writing of such
extensions.
118. Non -Exclusivity
It is the Intent of the CRA to enter into a Contract with all successful Contractors that will satisfy its needs
as described herein. However, the CRA reserves the right, as deemed in its best interest, to perform, or
cause to be performed, the Work and services, or any portion thereof, herein described in any manner it
sees fit, including but not limited to award of other Contracts, use of any Contractor, or perform the Work
with Its own employees.
119. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall
provide full and prompt cooperation with the CRA in all aspects of the Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of all things
necessary for or incidental to the effective management and performance of a Project. All things not
expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by
the Contract Documents, and the Contractor shall perform the same as though they were specifically
mentioned, described, and delineated.
The Contractor shall furnish all labor, materials, tools, supplies, and other items required for the completion
of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project
Manager.
120. Contract Documents Contain 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.
121. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive the term,
termination, and cancellation hereof. Accordingly, the respective obligations of the Contractor and the
CRA under the Contract, which by nature would continue beyond the termination, cancellation, or
expiration thereof, should survive termination, cancellation, or expiration thereof.
Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without
limitation: Section 2, Article 6, "Indemnification," Section 2, Article 89, "Termination for Convenience,"
Section 2, Article 3, "Contract Price & Guaranteed Maximum Cost."
122. Disclosure of State Funding. if applicable
If State funds are being used by the CRA to pay for this work, the CRA document whether payment will
come from funds appropriated by the state and, if known, the amount of such funds or the percentage of
such funds as compared to the anticipated total cost of the personal property or construction services.
END OF SECTION
SECTION 3
SUPPLEMENTAL TERMS AND CONDITIONS
1. Contract Time and Hours
The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all
Work at a rate of progress that will ensure completion of the Work within the Contract Time.
Contractor shall have three hundred ninety (390) calendar days to achieve Substantial Completion from
the date that the Notice to Proceed is issued. Contractor shall have an additional thirty (30) calendar days
to achieve Final Completion of the Contract.
The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the
time sensitive nature of the Project's funding sources.
Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. per the City of Miami's Noise
Ordinance, Sec 36-6 of the City Code, as amended. Any Work to be performed outside of these times
must be requested In writing to the Project Manager forty-eight (48) hours prior to the requested change.
The Project Manager will notify the Contractor in writing of any changes in approved Work hours.
2. Progress Payments
Mobilization Partial Payments:
If the proposal includes a separate pay item for Mobilization and the Notice to Proceed has been issued,
partial payments will be made in accordance with the following:
For Contracts of one hundred twenty (120) calendar days duration or less, partial payment will be made at
fifty percent (50%) of the bid price per month for the first two (2) months. For Contracts in excess of one
hundred -twenty (120) calendar day's duration, partial payment will be made at twenty-five percent (25%)
of the bid price per month for the first four (4) months. In no event shall more than fifty percent (50%) of
the bid price be paid prior to commencing construction on the Project site,
Total partial payments for Mobilization on any Project, including when more than one Project or job is
included in the Contract, will be limited to ten percent (10%) of the original Contract amount for that Project.
Any remaining amount will be paid upon completion of all Work on the Contract.
Retainage will be applied to all partial payments.
Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial
payments otherwise provided for by the Contract.
Contractor may make application for payment for Work completed during the Project at intervals of not
more than once a month or upon completion and Final Acceptance of the Work. Contractor will be paid
based on the line -item breakdown, contained in the Bid Form, with payments based on actual Work
performed. All applications shall be submitted in triplicate and the Contractor shall only use the CRA's
Contractor 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 Contractor shall submit the appropriate
documentation as defined below. Supporting evidence to be included with any application for payment
shall include, but is not limited to, an updated progress schedule as required by Section 3, Article 6,
"Release of Liens/Subcontractor's Statement of Satisfaction," 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 CRA. Each application for payment shall be submitted in triplicate for approval.
CRA shall make payment to Contractor within thirty (30) calendar days after approval of Contractor's
application for payment.
Ten percent (10%) of all monies eamed by Contractor shall be retained by CRA until Final Acceptance by
the CRA. Any interest earned on retainage shall accrue to the benefit of CRA. All requests for retainage
reduction shall be in writing in a separate stand-alone document.
CRA may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from
loss on account of:
• Defective Work not remedied.
• Claims filed or reasonable evidence indicating probable filing of claims by other parties
against Contractor or CRA because of Contractor's performance.
• Failure of Contractor to make payments properly to Subcontractors or for material or
labor.
• Damage to another Contractor not remedied.
• Liquidated damages and costs incurred by CRA and/or Consultant for extended
construction administration.
Failure of Contractor to provide any and all documents required by the Contract
Documents and/or Federal Requirements relating to the CDBG funding.
In instances where multiple' Projects are awarded, the Contractor shall submit separate applications for
Payment for each Project.
When the above grounds are removed or resolved satisfactorily to the Project Manager, payment shall be
made in whole or in part.
The CRA will pay, and the Contractor shall accept as full compensation for the Work, the sums specified
in the Contractor's submittal to the Contract Documents, as accepted by the CRA.
Contractor may be paid for materials or equipment purchased and stored at the Project site(s) or another
location. Where a payment request is made for materials or equipment not incorporated in the Project,
but delivered and suitably stored at the site or at some other location agreed upon in writing, the written
documentation must be submitted at the time of request for payment. Payment shall be conditioned upon
submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises
form to establish the CRA's title to such materials or equipment, or otherwise protect the CRA's interest,
including applicable insurance in the name of CRA and transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss
for any reason.
3. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract
Documents or any approved extension of time the Contractor shall pay to the CRA liquidated damages as
follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents
for Substantial Completion, the Contractor shall pay to the CRA for each and every calendar day of
unexcused delay, the sum of Three Thousand Seven Hundred and Eighty Six ($3,786) per calendar
day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in
completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor
shall pay to the CRA for each and every calendar day of unexcused delay, the additional sum of one
thousand eight hundred ninety three dollars ($1,893) per calendar day, which is hereby agreed upon
not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or
extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract
Documents.
The CRA shall have the right to deduct liquidated damages assessments from any payment due or which
may thereafter become due to the Contractor under any Contract the Contractor has with the CRA. In
case the amount, which may become due hereunder, shall be less than the amount of liquidated damages
due the CRA, the Contractor shall pay the difference upon demand by the CRA. Should the Contractor
fail to compensate the CRA for any liquidated damages, the CRA shall consider this as a form of
indebtedness and may deny any future Work under the Contract or any other CRA Contract until such
indebtedness is paid in full to the CRA. The CRA shall notify the Contractor in writing that it is incurring
liquidated damages.
Contractor shall be responsible for charges, expenses, losses, costs or liquidated damages only to the
extent such damages are the direct result of Contractor's sole acts or omissions, and then only to the
extent of payments made to Contractor by CRA or amounts actually incurred by CRA, whichever is Tess,
and only if Contractor is given written notice of the intended assessment of such damages within five (5)
days of the occurrence giving rise to such assessment.
4. Schedule of Values
The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10)
calendar days of the Issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete
breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit
should be as separate line items. Each line item shall be identified with the number and title of the major
specification section or major components of the Items. The CRA may require further breakdown after
review of the Contractor's submittal. The CRA reserves the right to require such information from the
Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total
value for mobilization under the Schedules of Values shall not exceed five percent (5%) of the value of the
Contract.
The approved schedule of values shall be updated through the submittal of the CRA's Contractor Payment
Application Form.
5. Project Schedules
Contractor shall submit a proposed Project schedule as follows:
■ Schedule identifying all tasks within the critical path. The proposed Project schedule
shall be submitted within ten (10) calendar days of the Notice of Award and such
submittal shall be subject to the CRA's review. Subsequent to such review of said
schedule, the Contractor shall establish said schedule as the baseline schedule,
• All updates of schedules shall be tracked against the baseline schedule and shall be
at a minimum submitted with each pay application. An updated schedule against the
baseline shall also be submitted upon execution of each change order that impacts
the Contract Documents Time for completion. Failure to submit such schedules shall
result in the rejection of any submitted payment application.
• All Project Schedules shall be prepared In Microsoft Project 2003 or later unless
otherwise approved by the Project Manager. At the time of submission of schedules,
Contractor shall submit a hard copy as well as an electronic version. Such electronic
version shall not be submitted in a .pdf format and shall be capable of being
incorporated in to the CRA's baseline schedules.
• Subsequent to review of the initial schedule submission, the Contractor shall establish
the reviewed schedule as the "baseline schedule." Contractor shall then prepare and
submit all updates to the schedules utilizing the tracking mode within Microsoft Project.
6. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an
application for payment, whether incorporated in the Project or not, will pass to the CRA upon the receipt
of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances
and that no Work, materials or equipment will have been acquired by the Contractor or by any other person
performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement
under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed
by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial Release of
Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such
documentation may delay payments. The CRA may, in its sole discretion withhold payments for Work
performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit
with the final payment request, for any Project where Subcontractors have performed Work, a Final
Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the CRA withholding from the final
payment such funds as necessary to satisfy any Subcontractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the
Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition
Payment. Contractor must use CRA Release of Lien, Affidavit and Consent of Surety forms or the
Application for Payment will be rejected.
7. Progress Meetings
The CRA may conduct a pre -construction conference prior to the commencement of the Work. Contractor
shall hold progress and coordination meetings as required by the CRA, to provide for the timely completion
of the Work.
Contractor shall arrange and conduct regular bl-weekly job site Project status meetings with the CRA and
or its Consultants. Contractor shall use the job site meetings as a tool for the pre -planning of Work and
enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all
parties to clearly understand. During these meetings, Contractor shall Identify the party or parties
responsible for following up on any problems, delay items, or questions, and Contractor shall note the
action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent
meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential
problem or delaying event known to them for appropriate attention and resolution. Contractor shall be
responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance.
The Contractor shall arrange for the participation of its Subcontractors and/or vendors when the Project
Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute
copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to the CRA
an updated two -week look -ahead schedule of construction activities and submittals.
8. Request for Information
The Contractor shall submit a Request for Information (RFi) where the Contractor believes that the
Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in
a manner that clearly identifies the drawing and/or specification section where clarification or interpretation
is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The
CRA shall respond in writing.
9. Project Site Facilities
The Contractor shall arrange for all Project site facilities as maybe necessary to enable the Project
Manager or Consultant to perform their respective duties and to accommodate any representatives of the
CRA which the CRA may choose to have present at the Project.
Contractor's, Subcontractor's, supplier's, material persons personnel shall' not use the CRA restrooms that
may be available at the Project site without the prior consent of the manager of the facility or the Project
Manager, where there is no manager of a facility. The Contractor shall provide and maintain at his own
expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to
comply with the requirements including Chapter 46 of the Building Code and regulations of the State of
Florida Department of Health and Rehabilitative Services or Dade County Health Department. The
Contractor, his employees or his Subcontractors shall commit no public nuisance or use any facilities that
have not been specifically provided for use by the Contractor.
The Contractor shall fumish an adequate supply of drinking water for its and its Subcontractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly
disposed of and do not create a nuisance to the CRA or the public. The location of the temporary facilities
shall be subject to the approval of the CRA.
Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and
sanitary services to the site for new construction or additions to a facility. The CRA may authorize the use
of existing utilities. Such decision will be made at the sole discretion of the CRA.
The Contractor shall be required to obtain all necessary permits required for any Project site facilities.
Contractor shall also be responsible to maintain such facilities in a safe and working condition.
All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal
and disposal of such facilities prior to Final Acceptance.
10. Inspection of Work - Intentionally Omitted
11. Security
The site where the Work is to be performed may not be a secure site and the public may have access to
the site. The Contractor shall have sole responsibility for the security of all Work materials, tools,
equipment, and Work at the Project site.' The CRA shalt not be liable for any damage or loss to such
materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement
of all Work such materials, tools, and equipment.
12. Construction Signacie
Where required by the Contract Documents the Contractor shall provide construction signage. The CRA
shall provide the Contractorthe wording and layout for the signs at the pre -construction conference as
needed and as applicable. The Contractor shall fumish the two CRA signs at the Project site(s) as follows:
■ The first sign shall 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 CRA will provide the CRA Seal in decal
form.
■ The Contractor shall also post appropriate construction site warning signs at the Work
site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall
also be placed waterside to alert boater to the construction zone, requiring idle speed
and a minimum clearance distance. Contractor shall provide drawings for the signage,
which shall be subject to approval by the Consultant.
■ The Project Manager and the CRA shall approve the locations for all signage.
■ Signage must be permltted and approved as required by CRA and County Sign Codes.
13. Construction Photographs
Contractor shall submit with each application for payment photographs that accurately reflect the progress
of the Work. Contractor shall submit once copy of each photograph in print and digitally. The photographs
shall be printed on 8" X 10" high -resolution glossy single weight color print paper. Each photograph will
also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly
basis.
14. CRA Furnished Property
Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed
to by the CRA and shall reinstall or provide to the CRA as directed.
15. Geotechnical Testing - Intentionally Omitted
16. Field Layout of the Work and Record Drawings for Drainage Projects
The Contractor, through the services of a State of Florida Registered Professional Surveyor and Mapper
(P.S.M.), shalt establish the line and benchmarks and other reference points for the installation of the
pipeline or structure if applicable.
For pipelines, this will consist of establishing aII points of bend (but not necessarily bevel pipe unless in
close proximity to other facilities), valves, tees, crosses and other stations not more than one hundred feet
(100') apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the
Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in the
top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in
pavement.
For structures, this will consist of base lines, stakes at comers, centers, and centerlines, auxiliary lines,
and a benchmark from which to establish the elevations.
The Contractor shall make his equipment and men available to the Inspector for spot-checking the
accuracy of the Work. The CRA shall require the Work to be brought within the tolerances specified
elsewhere before backfilling Is placed, or the construction is otherwise hidden.
The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor.
Contractor shall maintain an accurate and precise record of the location and elevation of all pipelines,
conduits, structures, maintenance access structures, hand holes, fittings and other Work and shall prepare
record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered
Professional Surveyor and Mapper (P.S.M.). Contractor shall deliver these records in good order to the
CRA as the Work is completed. The Contractor shall supply the Consultant with a copy of the Registered
Land Surveyor's layout of the Work immediately upon Its availability to his own forces. The cost of all such
field layout and recording Work is included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to the CRA prior to, and as a condition of, final
payment.
During the entire construction operation, the Contractor shall retain the services of a State of Florida
Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation,
including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations.
The surveyor shall prepare record as -built drawings showing correctly and accurately all changes and
deviations made during construction, including approved construction variances to reflect the Work as it
was actually constructed. "As -Built" drawings shall be submitted to the CRA on a monthly basis.
Recording of Project Record:
• Record all information for pipeline Projects and on -site Projects concurrently with
construction progress.
• Do not conceal any Work until the Contractor and the CRA record as -built information.
• All locations for future connections or tie-ins shall be left unburied and uncovered until
the CRA's surveying forces obtain and record the as -built information. This is in
addition to the Contractor's recorded information.
• Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last
complete length. lnline valves and tees shall be left exposed for one (1) length on
both sides plus the face end. Record the elevation, deviation from horizontal and
vertical alignment and the inclination for these items.
• Maintain records of all pipeline Project and on -site Project deviations from Drawings
and Specifications by a Florida Registered Professional Surveyor and Mapper
(P.S.M.).
• For Pipe Installation in All Pipeline Projects and On -site Projects: During entire
construction operation retain the services of a State of Florida Registered Land
Surveyor (FRLS) who shall maintain records of the installation, including all deviations
from Drawings and Specifications.
• FRLS shall record as -built dimensions and elevations every twenty-five feet (25') or
portion thereof along pipeline and at every abrupt change in direction of the new line.
• FRLS shall record locations and elevations for each valve, fitting, service line, fire
hydrant, water sampling point, and also for above ground piping and other
appurtenances along the pipeline. Specific locations and elevation of equipment,
buildings, and miscellaneous items installed inside them shall be recorded as
applicable.
• Contractor's FRLS shall prepare as -built record drawings showing correctly and
accurately the installation, embracing all changes and deviations made during
construction, including all approved construction variances, to reflect the Work as it
was constructed.
• Record Drawings shall be prepared on 4-mil Mylar as specified hereinafter. Record
Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor
and shall be submitted to the CRA for review within ten (10) calendar days following
the completion date of successful pressure testing of all mains and appurtenances
under the Contract Documents.
■ If the Consultant determines that the Drawings are not acceptable, they will be
returned to the Contractor with a cover letter noting the deficiencies and/or reasons for
the disapproval. Contractor shall have ten (10) calendar days to correct all exceptions
taken by the CRA and resubmit as -built record drawings to the Consultant for final
acceptance.
Prior to, and as a condition precedent to Final Payment, Contractor shall submit to. CRA, Contractor's
record drawings or as -built drawings acceptable to Project Manager.
17. Survey Work for Drainage Projects
The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final
measurements.
At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be
provided a packet of information, from the CRA, showing the format to be utilized. The Contractor is
advised that the survey Work, including required final measurements, shall be according to CRA Standards
and are an integral part of the Project. The Project shall not be considered complete until the final
measurements are approved by the CRA.
18. E-Verify - Mandatory Use
Contractor shall utilize the U.S. Department of Homeland Security's E-Verity system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and
shall expressly require any Subcontractors performing Work or providing services pursuant to the Contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Subcontractor during the Contract term.
19. Cures
Intentionally Deleted.
20. Counterparts: Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be an original as against either
Party whose signature appears thereon, but all of which taken together shall constitute but one and the
same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the
same force and effect as an original. The parties shall be entitled to sign and transmit an electronic
signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature
shall be binding on the party whose name is contained therein. Any party providing an electronic signature
agrees to promptly execute and deliver to the other parties an original signed Agreement upon request.
END OF SECTION EXHIBIT - con
EXHIBIT- Certifications
The Contractor, by virtue of submitting a proposal, affirms that the Contractor is aware of the following,
and shall comply with all the stated requirements.
1. Small_Business Enterprise.(SBE") Requirements
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified
as Section 18-89 of the City Code, pertaining to the implementation of a "Small Business Enterprise°
requirement. Evaluation of Bidder's responsiveness to Ordinance Section 13331 shall be a consideration
in the award of a Contract.
2. Non -Collusion
Contractor certifies that the only persons interested in this contract are named herein; that no other person
has any interest in this Contract to which this proposal pertains; that this proposal for emergency services
Is made without connection or arrangement with any other person. Contractor certifies that the selected
independent third -party verifier will verify and certify compliance data and reports honestly and accurately.
3. Drug Free Workplace
The undersigned Contractor hereby certifies that it will provide a drug free workplace program by:
a) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Contractor's
workplace, and specifying the actions that will be taken against employees for violations of such
prohibition.
b) Establishing a continuing drug -free awareness program to inform its employees about
(I) The dangers of drug abuse in the workplace;
(ii) The Contractor's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
c) Giving all employees engaged in performance of the Contract a copy of the statement required by
subparagraph (1).
d) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(I) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for
a violation occurring in the workplace no later than five (5) calendar days after such
conviction.
e) Notifying the CRA in writing within ten (10) calendar days after receiving notice under subdivision
(4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice
shall include the position title of the employee.
f) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking
one of the following actions with respect to an employee who is convicted of a drug abuse violation
occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
g) Making a good faith effort to maintain a drug free workplace program through implementation of
subparagraphs (1) through (6).
4. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
a) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal Contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal Contract, grant, loan,
or cooperative agreement.
b) If any funds other than Federal appropriated funds have been paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
c) This undersigned shall require that the language of this certification be included in the award
documents for "AII" sub -awards at all tiers (including subcontracts, sub -grants, and Contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than ten thousand dollars
($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
* Note: In these instances, "AII" in the Final Rule is expected to be clarified to show that it applies to
covered Contract/grant transactions over one hundred thousand dollars ($100,000) (per QMB).
5. Debarment, Suspension and Other Responsibility Matters
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment; and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency;
b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under
a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of
records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.B of
this certification; and
d) Have not, within a three (3) year period preceding this application, had one (1) or more public
transactions (Federal, State, or local) terminated for cause or default.
e) In addition, factors to be considered in determining responsibility of prospective contractual parties
shall include but not be limited to:
(1) Contractor does have availability of appropriate financial, material, equipment, facility, and
personnel resources, and expertise, or the ability to obtain them, to meet all contractual
requirements;
(2) Contractor does have a satisfactory record of performance;
(3) Contractor does have a satisfactory record of integrity;
(4) Contractor does possess qualified legal standing to Contract with the CRA; and
(5) Contractor will comply in supplying all requested information connected with the inquiry
concerning responsibility.
f) Contractor has not had a termination, suspension, or cancellation of a CRA Contract, in whole or
in part, for cause, due to a default by the Contractor or Offeror, within the past five (5) years, which
has not been reversed on appeal by a court of competent jurisdiction; or
Contractor has not withheld a payment or nonpayment of moneys due the CRA from the Contractor
or Offeror, within the past five (5) years, unless the full amount of such moneys due the CRA.
h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida,
pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court,' as amended, or other
applicable Federal, State or Local Rules of Court, and are subject to distribution to the CRA or
withdrawal by the CRA by order of the court.
i) The Contractor shall provide any information requested by the Chief Procurement Officer or
Procurement Officer concerning responsibility. If such contractual party fails to provide the
requested information, the determination of responsibility may be made upon available information,
or the prospective contractual party may be found non -responsible. The prospective contractual
party may demonstrate the availability of necessary financial, equipment, facility, and personnel
resources by submitting:
(1) Contractor will, upon request, furbish evidence that the contractual party possesses such
necessary resources;
(2) Contractor affirms it has acceptable plans to subcontract for such necessary resources; or
(3) Contractor will, upon request, submit a documented commitment for, or explicit arrangement
with, satisfactory sources to provide such necessary resources.
Where the prospective Contractor is unable to certify to any of the statements in this certification, such
Contractor shall submit an explanation to the CRA in writing.
6. Local Workforce Participation Requirements
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
(a) Have read and understood the provisions of CRA of Miami Ordinance 13332, codified as
Section 18-89 of the CRA Code pertaining to the Local Workforce Participation requirements
on a quarterly basis;
(b) Have identified in CRA Form Subcontractor Utilization ("SU") a third -party independent who
verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is
not with the Contractor; and
(c) The selected third party, who independently verifies compliance with this section, must have a
minimum of two (2) years of experience as required in Ordinance No. 13332, codified as Section 18-89 of
the CRA Code.
g)
SECTION 5
CONTRACT EXECUTION FORISS
mis Contract # WA- made fhb 'day of M Qrr In the year 2022 In the
amount of V4001000 4 iers." y' l- between THE OMNI Redevelopment Community
Redevelopment Agency, of the City of Miami, Florida, a public agency end body corporate created
pursuant to Section 163.356, Florida Statutes , hereinafter called the "CRA," and MASS CONSTRUCTION
CORPORATION, hereinafter called the "CONTRACTOR."
CONTRACT EXECUTION FORM
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
WITNESS/ATTEST:
MASS CONSTRUCTION CORPORATION, a
Aadda Profit Corporation
GSStCCA 4!`j'r) 'r-J o n] ,(Il, #5 CE_
Print Name, Title Print Name, TRIe
ATTEST:
CONTRACTOR &Malary
(Affirm Consultant Seal, If available)
ATTEST'
APPROVED AS TO INSURANCE
REQUIREMENTS:
Digitally signed by Gomez,
Frank
Gomel Frank
� Date: 2022.03.18 06:57:00
-04'00'
Ann Marie Sharpe, Director
Risk Management Department
(CORPORATE SEAL)
OMNI-C RA, e> ager,_v c ted pursuant to Chapter
163, Florida StaVes
Efamaby
fE eriatn a Director
APPROVED AS TO LEGAL FORM AND
D.J.G.
Matter ID: 21-162
EXHIBIT A
CONSULTANT'S LETTER
From: Douglas Wood <dwood@douglaswood.biz>
Sent: Friday, April 2, 2021 4:10:27 PM
To: Unsafestructures <unsafestructures@miamigov.com>; Internet Building <Building@miamigov.com>
Cc: Richard Heisenbottle <richard@rjha.net>; Balzebre, Anthony <ABalzebre@miamigov.com>
Subject: Unsafe Structure - Immediate Attention - Citizens Bank - 1367 North Miami Avenue
CAUTION: This is an email from an external soul e, Do not click links or open attar: ents unless you recognize the
sender and know the content is safe.
Dear Building Official,
We are the structural engineers for the above -referenced historical, restoration project for the Omni/Midtown CRA. The
original design set of drawings was completed in 2019. We understand that there have been permitting delays, but that
the CRA wishes to proceed with the project. Therefore, I visited the building this afternoon with one of my associates.
Unfortunately, we found that in the past approximately two years, the deterioration of the structural systems has
progressed considerably. Greater areas of the roof have collapsed, the northern area of the second floor wall on the east
side of the building has rotated inward a few to several inches (and therefore, has disconnected from the front (north)
wall, leaving it more unstable), a spalling lintel has loose pieces of concrete that will fall to the sidewalk (and some pieces
already have fallen), and at least one (likely two) interior concrete column has collapsed (leaving the reinforcing bars
buckled, the second -floor beams lowered, and the column tilted). Please see attached representative photographs.
In our opinion, the current condition is unsafe and unstable. Therefore, we recommend that an appropriate area around
the building be immediately blocked off and secured from entry by all people and traffic.
Feel free to call me to discuss the situation.
Sincerely,
DOUGLAS WOOD ASSOCIATES, INC.
Douglas Wood, P.E., SECB
President
5040 N.W. 7th Street
Suite 820
Miami, Florida 33126
Phone: (305) 461 - 3450 Ext. 300
https://www.douglaswood.biz/
EXHIBIT B
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF
INSURANCE MASS CONSTRUCTION
I. 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 $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an Additional Insured
OMNI CRA listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Completed Operations extended for (3) years after project completion
H. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
OMNI CRA listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
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
IV. Umbrella Policy (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 5,000,000
Aggregate $ 5,000,000
City of Miami & OMNI CRA listed as an additional Insured. Coverage is
excess follow form over all liability polices contained herein.
V. Contractor's Professional Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000
Retro Date Included
VI. Payment and Performance Bond $TBD
City & OMNI CRA listed as obligees
VII. Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $25000 All other Perils
5% maximum on Wind/Hail and Flood
City of Miami & OMNI CRA listed as loss payees
A. Coverage Extensions: As provided by carrier
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, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.
o® CERTIFICATE OF LIABILITY INSURANCE
DATE "nt`D°')
02/16/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A COMRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ios) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Brown 8 Brown of Florida, Inc.
P.O. Box 2412
Daytona Basch FL 32115-2412
O ItA£Act Kamm Sank
PNDNI�, ter, (386) 239-7273 lam.,,: (386) 222 2524
ADDRESS: : KeIUymSatdt�bbrown.com
INSURER(6) AFFORDING COVERAGE
NAIC N
nNURERA: American Builders insurance Company
11240
INSURED
Mass Construction Corporation
1060 Brickell Ave.
#1601
Mtaml FL 33131
INSURER B : Evanston Insurance Company
35378
1333uR3RC: Indian Harbor Insurance Company
36940
INSURER D :
INSURER E :
INSURER F:
CERTIFICATE NUMBER: 21/22 + 22/23 PROF
REVISION NUMBER:
THIS IS TO CERTIFYTHATTHE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC ES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
AD:JLTUT8R
INSD
WVD
POLICYNUNBER
POUCYEPP
01WDLIrYYY)
-POUCYEXP
(MIYY WODYYI
L011rta
A
•
XI COMMERCIAL GENERAL
GLP031467000
03/28/2021
03/282022
FJICHOCCURRENCE
S 1,000,OOD
PREM EE. Enccru.rencaI
S �� D'0
�LIAB0.nY
If CLAUASMADE C� OCCUR
WED EXP IMy ono person)
5 5,000
PERSONALdADV INJURY
$ 1'000'000
GENERALAGGREGATE
$ 2'0DO,ODD
GENLAOGREGATE
POLICY KOM
OTHER:
LIMIT APPUES PER:
LOC
PRODUCTS -COMPiOPAGO
$ 2,000.000
S
A
AUTOMDBLE
j
-----I!!
XHIRED
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
AUTOS ONLY
■
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
GLP031467000
-
64/1212021
03128/2022
COMBINED SNctE LIMIT -
IEasodded.
6 1.000,000
BODILY INJURY (Pm parecn)
$
BODILY INJURY (Per=Kant)
$
PROPERTY DAMAGE
(Pm ncddent:
$
$
B
X
UMBRELLA LIAR
EXCESS LIAR
tocsin:
CLAIMS -,NODE
E2XS3046775
•
03/28/2021
03/28/2022
EACH OCCURRENCE
S 5'000'DDD
AGGREGATE
$ 5,000,000
$
DED I RETENTION:
A
WORKERS COMPENSATION
AND EMPLOYERS' UABILRY
ANY PROPRIETOPJPARTNERr (ECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mnndatory In NH)
IT yes. dooalbe wade*
DESCRIPTION OF OPERATIONS Wow
Y/N
N
NIA
WCV031443300
03/28/2021
03/28/2022
NA
nl STATUTE ER RR
E.LEACHACCIDFJdT
I �'�
E.L DISEASE - EA EMPLOYEE
$ 500,000
EL. DISEASE - POLICY LIMIT
EL.
$
C
PROFESSIONAL LIABILITY
PEC005144104
02115/2022
02/152023
EACH OCCURRENCE
AGGREGATE
1,000,000
1,000,000
DESCRIPTION OFOPERATIONS f LOCATIONS r VEHICLES (ACORD 101,Additional Rsmarks Modulo, may ba stmnMd If roan: space Is rogotrsd)
Professional LlabiRy Retro Date: 02/15/2018
City of Miami and OMNI CRA are Additional Insureds with regards to the General Liability per form BIG GLECE 0413. The Excess Liability follows form. The
General LiabiTty is provided on a Primary & Noncantrlbutoty basis per form BIG GLECE 0413. A Waiver of Subrogation Is in favor of City of Miami with
regards to the General Liability per form BIG GLECE 0413 end the Workers Compensation per form WC000313 4-84.
Coverage is afforded for contingent and contractual liability and x.c.u. (exp!oston, collapse, and underground) hazards.
Omni CRA
1401 N. Miami Ave.
Miami
FL 33136
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Alm1OREED REPRESENTATIVE
— ' -
ACORD 25 (2016/03)
®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
STATEOF FLORIDA
COUNTY OF MIAMI-DADE
CERTIFICATE OF AUTHORITY
(CORPORATION)
).
) SS/EINt 27-3057845
).
I HEREBY CERTIFY that a meeting of the principals of Mass Construction Corporation, a Florida Profit
Corporation (the "Company"), whose mailing address is 1060 Brickell Ave, Suite 1601 Miami, FL
33131 organized and existing under the laws of the State of Florida held on In , of March, 2022,
the following resolution was duly passed and adopted:
"RESOLVED, that, Zion Mass as CEO of Mass Construction Corporation, be and is hereby authorized
to execute all contracts in connection with (1) that certain Emergency Procurement for Professional
Services for Renovation of the Citizens Bank Building, made by the Omni Redevelopment District
Community Redevelopment Agency ("CRA") to the Corporation and dated on or about the date
hereof."
I further certify that said resolution is nowin full force and effect.
IN WITNESS. WHEREOF, the undersigned has hereunto set its hand as of the day and year
first above written.
Mass Construction Corporation
a Profit
By:
P N e: Zion Mass
CEO
Sworn to and subscribed before me this 10 day of IViitrA , 2022 by Zion Mass,
as GED of Mass Construction Corporation, a Florida corporation, on behalf of said
entity, who is ( )( ) personally known to me or ( ) has produced the following identification
4434,4, FRANCES LLOFE-NOY
ktstNotery PO:dip-Stele of Floride
Commission # GO 90E980
My Commitsion Expires
1,011,100 August 21, 2023
(Printed, typed, or stamped commissioned
Notary lic Stale of Florida,
My commission expires :2194 1242,1 -
DIVISION OF CORPORATIONS
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Qepartmentet State / Division a Corporations / Search Record 1 Search ty Enti y Name /
Detail by Entity Name
Florida Profit Corporation
MASS CONSTRUCTION CORPORATION
Filing Information
Document Number P10000059175
FEI/EIN Number 27-3057845
Date Filed 07/19/2010
State FL
Status ACTIVE
PrincipalAtidress
1060 brickell ave
suite 1601
Miami, FL 33131
Changed: 11/06/2020
Ming Address
1060 brickell ave
suite 1601
Miami, FL 33131
Changed: 11/06/2020
Registered Agent Name & Address
MASS, ZION I
1060 brickell ave
suite 1601
Miami, FL 33131
Address Changed: 02/04/2021
Officer/Director Detail
Name & Address
Title CEO
MASS, ZION
1060 brickell ave
suite 1601
Miami, FL 33131
Annual Rennju
Report Year Filed Date
2020 04/02/2020
2021 02/04/2021
2022 01/30/2022
Document Imegel
01/30/2022 - ANNUAL REPORT View image in PDF format
02/04/2021 - ANNUAL REPORT View image In PDF format
04/02/2020 - ANNUAL REPORT View image in PDF format
94/21/2019 - ANNUAL REPORT View image in PDF format
Q1/17/2018 - ANNUAL REPORT View Image in PDF format
Q2/13/2017 - ANNUAL REPORT View image in PDF format
91/25/2016 - ANNUAL REPORT View image in PDF format
92/14/2015 - ANNUAL REPORT View image in PDF foment
93/01/2014 - ANNUAL REPORT View Image in PDF format
91/26/2013 - ANNUAL REPORT View image in PDF format
91/17/2012 - ANNUAL REPORT View image in PDF format
02/28/2011 - ANNUAL REPORT View Image in PDF format
97/19/2010 - Domestic Profit View Image In PDF format
oI
Miami
FL
OMNI CRA Resolution
CRA-R-21-0031
ADp
�D
Sep 13, 2021 9; 3p AM
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT
DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, CONFIRMING, AND APPROVING
THE EXECUTIVE DIRECTOR'S WRITTEN FINDING OF AN EMERGENCY, ATTACHED AND
INCORPORATED, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND WAIVING COMPETITIVE SEALED BIDDING PROCEDURES
FOR THE SHORING OF THE CITIZENS BANK BUILDING LOCATED AT 1367 NORTH MIAMI
AVENUE, MIAMI, FLORIDA AS AN EMERGENCY PROCUREMENT AS RECOMMENDED BY THE
ENGINEERING REPORT ATTACHED AND INCORPORATED AS EXHIBIT "A";
RETROACTIVELY AUTHORIZING THE EXPENDITURE IN THE AMOUNT OF $5,800,000.00
AND THE SELECTION OF MASS CONSTRUCTION CORPORATION FOR SAID EMERGENCY.
Information
Department: OMNI Community
Redevelopment Agency
Category: Other
Attachments
Agenda Summary and Legislation
10649 Exhibit A
10649 Exhibit B
10649 Notice to the Public
10649 City of Miami Emergency Code Sec. 18-90
10649 Citizens Phase I Budget
10649 Citizens Phase II Budget
Sponsors:
Body/Legislation
WHEREAS, the Omni Redevelopment District Community Redevelop Agency ("CRA") currently owns
the Citizens Bank Building located at 1367 North Miami Avenue, Miami, Florida ("Bank Building") and is
responsible for the renovation and rehabilitation of the historic property; and
WHEREAS, the Bank Building was purchased by the CRA in 2017; and
WHEREAS, the CRA has retained the services of R.J. Heisenbottle ("Architect") for architectural
services of the Bank Building; and
WHEREAS, the CRA has been awarded a Special Category Grant from the Florida Department of State
in the amount of $500,000.00 for the restoration of the Bank Building; and;
WHEREAS, the Architect notified the CRA that the facade and interior structure of the Bank Building is
deteriorating rapidly due to water intrusion and spalling (collectively, "Damage"); and
WHEREAS, the Bank Building is both historically designated and fronting on a public sidewalk; and
WHEREAS, due to the significance of the Damage, the Architect and his subcontracted Engineer
recommended that the CRA immediately support and brace the Bank Building in order to preserve the historical
facade while protecting the public from any danger of collapse as outlined in Exhibit "A," attached and
incorporated; and
WHEREAS, it is a matter of public health and safety that the Bank Building is properly secured; and
WHEREAS, the emergency nature of the rapid mobilization may result in necessitating subsequent
changes in the budget for the renovation and rehabilitation of the Bank Building; and
WHEREAS, the Executive Director, pursuant to Section 18-90 of the Code of the City of Miami, Florida,
as amended ("City Code"), approved an emergency bid waiver to procure the services of a Mass Construction
Corporation ("Mass"), a licensed general contractor meeting all insurance requirements to complete the
emergency repair services as recommended by the Architect; and
WHEREAS, the use of the emergency bid waiver pursuant to the City Code is justified as the Executive
Director found that it was not practicable or advantageous to undergo the formal bidding for a licensed general
contractor because the time duration involved in formal bidding would mean the Bank Building would present
serious structural issues that pose a safety hazard to the general public and significant further deterioration of
the Bank Building, all as detailed in Exhibit "B", attached and incorporated;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-90 of the City Code, the
Executive Director's emergency finding, attached and incorporated as Exhibit "B", is approved and confirmed,
the requirements for competitive sealed bidding procedures are waived, and the emergency procurement of the
services of Mass is approved as an emergency procurement in the amount of $5,800,000.00, plus a
contingency of ten percent (10%) of the contract amount.
Section 3. The Executive Director is authorized to negotiate and retroactively execute any and all
agreements necessary, all in forms acceptable to the General Counsel, for the purposes stated herein.
Section 4. The Executive Director is further authorized to negotiate any and all other necessary
documents, all in forms acceptable to the General Counsel, for the purposes stated herein
Section 5. This Resolution shall become effective immediately upon its adoption.
Meeting History
Sep 13, 2021 9:30 AM
OMNI
Community Redevelopment Regular Meeting
Agency
RESULT: ADOPTED [UNANIMOUS]
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Jeffrey Watson, Board Member, District Five
AYES: Ken Russell, Joe Carollo, Alex Diaz de la Portilla, Manolo Reyes, Jeffrey Watson
T1 Draft