HomeMy WebLinkAboutExhibitManagement Agreement
By and Between
The City Of Miami
And
Oak Plaza Associates (Del.) LLC
For The
NE 41 Street/Design District Improvements, B-173600
Department of Capital Improvements
444 SW 2nd Avenue, 811 Floor
Miami, Florida 33130
{38637304;2}
THIS MANAGEMENT AGREEMENT (hereinafter the "Agreement"), made and entered
into this day of , 2.01_ by and between the City of Miami, Florida, a Florida municipal
corporation (hereinafter, the "City"), and Oak Plaza Associates (Del.) LLC, a Delaware limited
liability company doing business in the State of Florida, (hereinafter, "Manager" or "Oak Plaza").
WITNESSETH:
WHEREAS, the City desires to enter into an Agreement for the enhancements to the area
along NE 41St Street between NE 1St Avenue and NE 2nd Avenue (the "Project"), and
WHEREAS, Manager represents that it possesses the requisite expertise and desires to
enter into an Agreement to act as the manager to provide the services as set forth herein; and
WHEREAS, pursuant to the applicable provisions of Chapter 163, Florida Statutes,
Section 3.9 of the Miami 21 Code, and per Ordinance. No. 13412, adopted on October 24, 2013,.
amending Ordinance No. 13335, which was adopted on July 26, 2012, the City Commission
approved a Management Agreement in conjunction with the Miami Design District Retail Street
Special Area Plan ("SAP") which Management Agreement requires that Oak Plaza's affiliates
undertake certain improvements in the public infrastructure and the public right-of-ways; and
WHEREAS, this Agreement serves a municipal. purpose and primarily effectuates a public
purpose furthering the general health, safety and welfare of the City as it enhances, improves and
embellishes the public infrastructure and right-of-ways, and thoroughfares in the "Design District"
of the City which is with each passing day becoming a more renown District which benefits the
City and South Florida with premier design and decoration related establishments, and further
offers arts and crafts, fine restaurants, boutique and fine interior design stores, among many other
attractions to residents, guests and visitors; and
WHEREAS, the 2016 Legislature of the State of Florida, from the fiends provided in
Specific Appropriation line item 2216, allocated a total of $750,000.00 as follows: $500,000.00 of
nonrecurring funds from the State Economic Enhancement and Development Trust Fund and
$250,000.00 of nonrecurring fiends from the General Revenue Fund to the City of Miami forpublic
infrastructure improvements within the Miami Design District ("State Grant"); and
WHEREAS, the State Grant is contingent upon the City of Miami and/or Miami Dade
County providing a fifty percent match in either the form of a cash contribution or a capital project
that benefits the area; and
WHEREAS, the City is providing a match in the form of a capital project that benefits the
area, in enhancements to portions of County -owned public rights-of-way along NE 2nd Avenue,
between NE 42nd Street and NE 51 st Street, in the Miami Design District, or other similar
enhancements ("City Match"), in order to secure the State Grant proceeds in the amount of
$750,000.00 from the State of Florida; and
WHEREAS, this. Agreement implements the expenditure of a sum not to exceed
$750,000.00 to be expended solely on work within the public infrastructure and right-of-ways,
which money is not a charge against the general fiends or accounts of the City, but: is limited to the
$750,000.00 State Grant funds allocated from the funds provided in Specific Appropriation 2216
in the 2016 Legislature of the State of Florida; and
WHEREAS, Manager has agreed to retain Coastal Construction of Miami -Dade County,
Inc, ("Contractor") to perform the work identified in the project scope, as described herein below,
within the available funds and cover the costs of any funding shortfalls to complete the desired
improvements; and
WHEREAS, the City Commission has authorized the City Manager to execute and enter
into this Agreement by its adoption of Resolution No. 16- on September., 2016;
NOW THEREFORE, in consideration of the mutual covenants set forth herein the City
and Manager, agree as follows:
Section 1- Terms and Conditions
1. Incorporation by Reference; Overview
The foregoing recitals, the Exhibits to this .Agreement, and the prior Agreements,
ordinances and resolutions referenced in this Agreement are all deemed as being incorporated by
reference herein as if set forth in full in this Section of the Agreement. This Agreement covers the
services of Manager for the procurement and completion of the construction. of the right-of-way
improvements, through the Contractor (as defined below) which consists of enhancements to the
area along NE 41St Street between NE 1St Avenue and NE 2nd Avenue (the "Project"). This work
includes the design, permitting, and installation of roadway utilities, including drainage, water,
sanitary, and gas in the right of way; pavers, which include concrete pavers as a permanent surface
on sidewalks; street light fixtures, signals and signage; landscaping and irrigation; and site
amenities, including bike racks and trash cans, in the public right of way (the "Work"). The Work
under this Agreement will be solely performed over areas which are owned by a public agency
(e.g. City, County or State). No work under this Agreement will be performed on privately owned
property, The Work is more fully described in the plans and specifications included in Attachment
"A" (the "Project Plans").
2. Intention of City
It is the intent of City to have the Project constructed in accordance with the Project Plans
and in accordance with all codes and regulations governing construction of the Project. Any work,
materials or equipment that may reasonably be inferred from the Project Plans as being required
to produce the intended result shall be supplied by Manager, through its Contractor, whether or
not specifically called for, When words, which have a well-known technical or trade meaning, are
used to describe work, materials or equipment, such words shall be interpreted in accordance with
that meaning. Reference to standard specifications, manuals, or codes of any technical society,
organization or association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard specification, manual,
code or laws or regulations in effect at the time of contract approval and Manager shall require
that Contractor comply therewith. City shall have no duties other than those duties and obligations
expressly set forth herein.
3. Definitions
L Architect/Engineer means the Architectural and/or Engineering firm(s) retained
by the Manager for the preparation of the Project Plans in connection with the
Project. The Architectural and/or Engineering firms are referred to herein as the
A/E. The Architectural firm is SB Architects Inc. and the Engineering firm is Ford
Engineers, Inc for this project.
ii. City Commission means the legislative body of the City of Miami.
iii. City Manager means the duly appointed chief administrative officer of the City of
Miami.
iv. City means the City of Miami, Florida, a Florida municipal corporation. In all
respects hereunder, City's performance is pursuant to the City's capacity as owner
of the Project. In the event the City exercises its regulatory authority as a
governmental body, the exercise of such regulatory authority and the enforcement
of any rules, regulations, codes, laws and ordinances shall be deemed to have
occurred pursuant to City's authority as a governmentalbody and shall not be
attributable in any manner to the City as a party to this Agreement. For the purposes
of this Agreement, "City" without modification shall mean the City Manager or
Director., as applicable.
V. Construction Change Directive means a written directive to effect changes to the
Work, prepared by the A/E and or Manager and executed by the City
vi. Contract Documents means this the documents described in Section 1, Article 7
of this Agreement.
vii. Contractor means the entity responsible, pursuant to its Construction Agreement
with Oak Plaza or its related companies for performing the work in the Design
District and who is licensed, bonded, and insured to perform this Work in
accordance with the terms of the Agreement(s) between Oak. Plaza or its affiliates
and the Contractor. The Contractor under this Agreement is Coastal Construction
of Miami -Dade County, Inc. The Contractors means and methods of construction
are as performed by it under applicable laws, rules, regulations, codes and
construction practices.
viii. Construction Work means all Work required by this Agreement.
ix. Contract Time means the time period defined in this Agreement for the Manager
to complete the Project.
X. Cure means the action taken by the Manager, through its Contractor, promptly after
receipt of written notice from the City of a breach of the Agreement for the Work,
which shall be performed at no cost to the City, to repair, replace, correct, or remedy
all material, equipment, or other elements of the Work or the Agreement affected
by such breach, or to otherwise make good and eliminate such breach, including,
without limitation, repairing, replacing or correcting any portion of the Work or the
Project site disturbed in performing such cure.
xi. Cure Period means the period of time in which the Manager is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt
of written notice to cure from the City identifying the deficiencies and the time to
cure.
xii. Design Documents means the construction plans and specification prepared by
A/E(s) for this Project under separate agreement(s) with the Manager.
xiii. Director means the Director of the Department of Capital Improvements and
Transportation Program or his/her designee, who has the authority and
responsibility for managing the Project under this Agreement.
xiv. Drawings means the graphic and pictorial portions of the Work, which serve to
show the design, location and dimensions of the Construction Work to be
performed, including, without limitation, all. notes, schedules and legends on such
Drawings as prepared by the A/E(s) in Attachment "A".
xv. Field Directive means a, written approval for the Manager to proceed with Work
requested by the City or the A/E(s), which is minor in nature and should not involve
additional cost,
xvi. Final Completion means the date subsequent to the date of Substantial Completion
at which time the Manager, through its Contractor, has completed all the Work in
accordance with the Agreement as certified by the A/E or the City and submitted
all documentation required by the Agreement.
x.vii. Guaranteed Maximum Cost means the sum established in this Agreement and
related documents as the maximum cost that the City will reimburse for
performance of all work pursuant to the terms of this Agreement. The guaranteed
maximum cost of reimbursements for work performed as described in the
Agreement, is $750,000.00, which consists of the DEO State Grant funds
referenced in the Whereas clauses. This guaranteed maximum cost ("GMC") shall
be the maximum cost that the City will reimburse for performance of the Work.
The City acknowledges that it will cost more to complete the Work.
However, any excess cost over the GMC and not included in an approved Change
Order or CCD shall be paid for by Oak Plaza or others.
xviii. Manager is the entity who provides services for the City as Owner for the Design
and Construction Phases of this Project covered by this Agreement. The Manager
possesses the requisite training and experience to make decisions on behalf of the
Owner and give advice on the time and cost consequences of design and
construction decisions, scheduling, cost control, coordination of contract
negotiations and awards, timely purchasing of critical materials and long -lead
items, and coordination of activities. The Manager under this Agreement is Oak
Plaza Associates (Del.) LLC. The Manager is responsible for supervising and
directing the Contractor for the work funded by this Agreement. Project Manager
means the person designated by Manager as its lead representative to the City. The
person is an agent of the Manager and his or her actions bind the Manager. The
Project Manager shall have the authority to obligate and bind Manager and to act
on all matters on behalf of Manager except for revisions to the Contract Documents.
The Manager shall mean Oak Plaza Associates (Del.) LLC.
xix. Notice To Proceed means a written letter or directive issued by the Director or
City's Project Manager acknowledging that all conditions precedent have been met
and directing that the Manager, through its Contractor, may begin Work on the
Project or a specific task of the Project.
xx. Project Manager means an employee or representative of the City assigned by
the Director to monitor the Work to be performed under this Agreement and the
construction of the Project which has not been delegated to the Manager.
xxi. Project means the construction of the Work specified in this Agreement as
contemplated and budgeted by the City.
xxii. Punch List means a compilation of items of Construction Work required to be
performed by, or through the Manager prior to or after the Substantial. Completion
inspection and prior to Final Completion and payment.
xxiii. Record Set means the copy of the Drawings, Specifications, and other
modifications of the Agreement to be maintained at the Project site by the
Contractor, in goodorder and marked currently to record changes and shall include
additions, revisions, modifications, change orders, approved substitutions, shop
drawings and accurate dimensioned locations for items recorded, including but not
limited to, all underground utilities.
xxiv. Request For Information (RFI) means a request from the Contractor seeking an
interpretation or clarification by the A/E(s) relative to the Agreement and/or the
Drawings. 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 RFl must set forth the Contractor's interpretation or
understanding of the document(s) in question, along with the reason for such
understanding,
xxv. Risk Administrator means the City's Risk Management Administrator, or
designee, or the individual named by the City Manager to administer matters
relating to insurance and risk of loss for the City.
xxvi. Schedule of Values means a written schedule setting forth the detailed and
itemized cost breakdown, inclusive of labor, material, and taxes of all elements of
the Project. This schedule (attached) shall be used to bill against monthly based on
a percentage of completion.
xxvii. Specifications as used herein means that portion of the Contract Documents which
are the written requirements for the materials, equipment, systems, standards and
workmanship for completion of the Work and performance of related services.
xxviii. Sub-Contractor(s) means a person or entity other than a material person or laborer
that has a direct contract with the Contractor to perform or supply a portion of the
Construction Work.
xxix. Submittals mean documents prepared by the Manager, Contractor or those
working on their behalf to show how a particular aspect of the Construction Work
is to be fabricated and installed. Such submittals include shop drawings, product
data, samples, mock-ups, test results, warranties, maintenance agreements, Project
photographs, record documents, field measurement data, operating and
maintenance manuals, reports, certifications and any other information described
in the Agreement.
xxx. Substantial Completion means that point at which the Construction Work is at a
level of completion in substantial compliance with the Agreement such that the City
and members of the general public can use, occupy and/or operate the facility in all
respects to its intended purpose. Substantial Compliance shall not be deemed to
have occurred until any and all governmental entities, which regulate or have
jurisdiction over the Work, have inspected, and approved the Work.
xxxi. Work as used herein refers to all pre -construction, construction and other services
required by the Contract Documents, including all labor, materials, equipment,
procurement and services needed to complete the Project.
4. Scope of Work
Manager, either itself or through its Contractor, shall provide all management, supervision,
manpower, equipment, tools, and all other necessary goods and services for the Project as detailed
in the attached specifications, drawings and plans as contained in Attachment "A", and in
accordance with the Contract Documents.
5. Contract Value and Proiect Cost
The Manager shall comply with the terms of this Agreement for no compensation.
Payments shall be made for Work actually performed and accepted by the City. Total cost to
complete the Project is estimated to cost approximately $750,000.00 allocated under this
Agreement. The Manager shall cover or ensure that others cover any and all cost overruns
necessary to complete the Project..
6. Time is of the Essence; Time for Completion; Term
Time is of the essence in the performance of this Agreement. Manager, either itself or
through its Contractor, will promptly perform its duties under the Contract Documents 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. Time is of the essence of this Agreement.
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Manager shall ensure that all Work under this Agreement is substantially completed by
July 1, 2017. The term of this Agreement shall be from the date of City Commission on September
_, 2016 through July 1, 2017, unless extended by mutual written agreement of the parties for a
period not to exceed ninety (90) days.
7. Contract Documents
The Contract Documents shall consist of this Agreement, the Drawings and Specifications,
approved written interpretations and clarifications, Field Directives, Construction Change
Directives, and any modifications. Any modification to this Agreement shall only be effective if it
is reduced to writing, and duly executed by both. parties. A Field Directive or Construction Change
Directive shall be effective after approval and execution by Director or designee. The general
intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Project by the Manager and its Contractor.
8. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or provision
of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement by reference and a term, statement, requirement, the
specifications and plans prepared by the A/E, or provision of this Agreement the following order
of precedence shall apply:
In the event of conflicts in the Contract. Documents the priorities stated below shall govern:
• Revisions to the Contract Documents shall govern over the Contract Documents
• No section of the specifications or plans shall govern over the Contract Terms and
Conditions
• Scope of Work and Specifications shall govern over plans and drawings In the event
of conflicts with the plans the priorities stated below shall govern:
• Schedules, when identified as such shall govern over all other portions of the plans
• Specific notes shall govern over all other notes, and all other portions of the plans,
unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
• Figured or numerical dimensions shall govern over dimensions obtained by scaling
• Where provisions of codes, manufacturer's specifications or industry standards are
in conflict, the more restrictive or higher quality shall govern
In the event of omissions in the Contract Documents that are incidental detail(s) of
construction or construction system(s) or with regard to the manner of combining or installing
equipment, parts, or materials, such detail shall be deemed to be an implied requirement of the
Contract Documents. "Minor Detail" shall include the concept of substantially identical
components, where the price of each such component is small. The quality and quantity of the
equipment, material, or part so furnished shall conform to trade standards and be compatible with
the type, composition, strengths, size and profile of the equipment, materials or parts otherwise
specified in the Contract Documents.
9. Progress Payments
Manager may make Application for Payment for Work completed during the Project at
intervals of not more than once a -month. Manager's Application for Payment shall be accompanied
by a conditional partial release of liens relative to the Construction Work, which is the subject of
the Application for Payment and any other information reasonably required by the City. Each
Application for Payment shall be submitted in triplicate to City's Project Manager for approval.
City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
• Defective Construction Work not remedied.
• Claims filed by other parties against Manager, Contractor or City because of
Manager and/or Contractor's negligent performance of the Work.
• Failure of Manager to make payments properly to its Contractor or Sub -Contractors
or for material or labor arising out of the Work.
• Failure of Manager to provide any and all documents required by the Contract
Documents.
10. Payment
Payment by the City of an approved Application for Payment approved by the A/E shall
be made within thirty (30) days after satisfactory receipt of Manager's Application for Payment to
the City, which shall be accompanied by reasonably sufficient supporting documentation and
contain sufficient detail to secure reimbursement of funds from the State Grant, and to allow a
proper audit of expenditures, should the City require one to be performed. All payment
applications shall be sufficiently detailed so as to meet the definition of a "payment request for
construction services" as that term is defined in §218.72, Fla. Stat., the Definitions section of the
"Local Government Prompt Payment Act". City acknowledges that payment will not be
unreasonably withheld or delayed. No interest shall accrue on late payments.
11. Progress Meetings
Manager and the City's Project Manager shall hold construction progress meetings as
deemed necessary to ensure the timely completion of the Work, but not more often than once a
month.
12. Indemnification
Manager Indemnity. Manager and Contractor, by rider, addendum or amendment to its
construction contract with Oak Plaza, shall jointly and severally indemnify, defend, save and hold
harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, and costs to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of Manager and persons employed or
utilized by Manager in the performance of this Agreement and/or from any acts or omissions
relative to the permitted work and/or to the services being performed by the Manager and/or the
Contractor which are funded in whole or in part by virtue of this Agreement and/or the failure of
either the Manager or the Contractor to perform their respective work in accordance with the terms
of this Agreement, the design documents, the construction contract between the Contractor and the
Manager or the failure of either of them to perform their respective work in accordance with
applicable laws, codes, rules and regulations. Manager's obligations hereunder shall apply even if
part of the damage or injury is caused by the City. These indemnifications shall survive the term
or cancellation of this Agreement. In the event that any action or proceeding is brought against
City by reason of any such claim. or demand, Manager shall, upon written notice from City, resist
and defend such action or proceeding by counsel satisfactory to City. Notwithstanding anything to
the contrary herein, Manager and Contractor shall not be required to provide an indemnification
obligations beyond what is provided for in Section 725.08, Florida Statutes, if applicable under
Florida law.
The indemnification provided above shall obligate Manager to defend at its own expense
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at City Attorney's sole option, through counsel designated by the City Attorney, any and all claims
of liability and all suits and actions of every name and description arising by, through or related to
this Agreement or related to any work, materials or equipment performed which is funded in whole
or in part by this Agreement above which may be brought against City whether performed by
Manager, or persons employed or utilized by the Manager.
This indemnity will survive the cancellation or expiration of this Agreement. This
indemnity will be interpreted under and construed to conform to the laws of the State of Florida,
including without limitation and interpretation §725.06 and/or §725.08, Florida Statutes, if
applicable. Notwithstanding anything to the contrary herein, Manager shall not be required to
provide any indemnification obligations beyond what is provided for in §725.06(2) and (3), Florida
Statutes, if applicable under Florida law. Additionally, Manager shall not be required to indemnify
the City for the City's own negligence. Manager's indemnity and defense obligations shall be
capped at the greater of the insurance proceeds available and actually paid or if no insurance
proceeds are paid the amount paid by the City pursuant to this Agreement.
Manager shall require all construction agreements it has with the Contractor, including,
those with Coastal, funded by the terms of this Agreement to include a provision that they will
indemnify the City.
The Manager agrees and recognizes that the City shall not be held liable or responsible for
any claims which may result from any actions or omissions of the Manager in which the City
participated either through review or concurrence of the Manager's actions. In reviewing,
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approving or rejecting any submissions by the Manager or Contractor or other acts of the
Contractor, the City in no way assumes or shares any responsibility or liability of the Manager,
Contractor or Sub -Contractor under this Agreement.
The City agrees and recognizes that the Manager shall not be held liable or responsible for
any claims which may result from any actions or omissions of the City in which the Manager
participated either through review or concurrence of the City's actions.
13. Insurance/ Bonding
The Manager shall not authorize the initiation of any Work under this Agreement until the
Manager has obtained, or required its Contractor to obtain, the insurance required and the City's
Risk Management Director has approved such insurance.
Companies ProvidiLig Coverage
All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall
have a Florida resident agent and be rated at least A-, as per A.M. Best Company's Key
Rating Guide, latest edition.
Verification Of Insurance Coverage
The Manager shall furnish certificates of insurance to the Risk Administrator for review
and approval prior to the execution of this Agreement and any amendment thereto. The
Certificates shall clearly indicate that the Manager or its Contractor has obtained insurance
of the type, amount and classification as required by Attachment "F" in excess of any
pending claims at the time of contract award to the Manager. Manager shall maintain or
require its Contractor to maintain coverage with equal or better rating as identified herein
for the term of this Agreement. Manager shall provide written notice to the Risk
Management Administrator of any material change, cancellation and/or notice of non-
renewal of the insurance within thirty (30) days of the change.
Manager shall furnish a copy of the insurance policy or policies within ten (10) days of
written request from the City's Risk Management Administrator.
Forms Of Coverage
Should Manager be authorized to construct the Project, without limiting any of the other
obligations or liabilities of Manager, Manager shall provide, pay for and maintain in force
until all of its work to be performed under this Contract has been completed and accepted
by City (or for such duration as is otherwise specified hereinafter), the insurance coverage
set forth in Attachment "F attached herein.
Submittal of Certificates—Manager shall furnish to the City of Miami Risk Management
Department Certificates of Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification by the City. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract, and state
that such insurance is as required by this Contract.
The City of Miami shall be a named insured, or co-insured, on all policies of insurance
required by this Agreement, excluding only Worker's Compensation.
The official title of the Owner is the City of Miami, Florida. This official title shall be used
in all insurance documentation.
The Manager on. or before the commencement of any Work being funded by this
Agreement shall require that its Contractor, Coastal obtain a Payment and Performance Bond in
the minimum amount $750,000.00, in substantially the form prescribed by § 255.05, Fla. Stat.,
naming the City of Miami as the obligee of such bond. Such bond will provide that the contractor
named in the bond, Coastal Construction of Miami -Dade County, Inc., will properly and timely
pay all legal debts arising from the construction work and will perform the Work referenced in this
Agreement in accordance with the terms of this Agreement, all applicable laws, codes and.
regulations, and its construction contract with the Manager. The required payment and
performance bond will be furnished to the Director prior to the commencement of any Work under
this Agreement. The bond will be issued by a surety licensed to do business in the State of Florida
and rated A- or better per A.M. Best's Key Rating Guide, latest edition.
14. Modifications to Coverage and Owner's Controlled Insurance Program
The City through. its Risk Management Director or authorized designee reserves the right
to require modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations and shall provide a thirty (30) day written notice to the
Manager. In that event Contractor shall comply with such request unless the insurance coverage is
not then readily available in the national market, and may request additional consideration from
City accompanied by justification. All additional cost will be borne by the Manager or Contractor,
as applicable
Notwithstanding the insurance requirements required by the City in this Agreement, the
City acknowledges that Oak Plaza already has in place an Owner Controlled Insurance Program
("OCIP") for the Project the details of which are attached hereto as Attachment "F". To the extent
there is any conflict between the City's insurance requirements of this Agreement and the OCIP,
the OCIP requirements shall control. The parties shall reasonably cooperate with each other to
coordinate the City's insurance requirements with those of the OCIP.
15. Discretion of Director
Any matter not expressly provided for herein dealing with the City or decisions of the City
shall be within the exercise of the reasonable professional discretion of the Director or the
Director's authorized designee.
16. Authority of the City Project Manager
The Project Manager shall have authority to act on behalf of the City to the extent provided
by the Agreement, unless otherwise delegated to the Manager or modified. in writing by the City.
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All instructions to the Manager shall be issued in writing. All instructions to the Manager shall be
issued through the Director or Project Manager.
The Project Manager shall have access to the Project Site. The Manager shall provide safe
facilities for such access so the Project Manager may perform their functions under the Agreement.
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 Manager's (through its Contractor) failure to carry out the
Construction Work in accordance with the Agreement.
The Project Manager will have authority to reasonably reject Construction Work that does
not conform to the Contract Documents requirements. Whenever, in his or her opinion, it is
considered necessary or advisable to insure the proper implementation of the Contract Documents,
the Project Manager will have authority to require special inspections or testing of the Construction
Work, whether or not such Construction Work is fabricated, installed or completed. Neither the
Project Manager's authority to act under this Article, nor any decision made by him/her in good
faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility
of the Project Manager to the Manager, Contractor any Sub -Contractor, supplier or any of their
agents, employees, or any other person performing any of the Construction Work.
All interpretations and recommendations of the Project Manager shall be consistent with
the intent of the Contract Documents.
The Project Manager will not be responsible for the acts or omissions of the Manager, its
Contractor, or anyone employed or contracted directly or indirectly by the Manager, including any
Sub -Contractor, or any of their agents or employees, or any other persons performing any of the
Work.
17. Subcontracts
A Sub -Contractor is any person or entity that is performing, furnishing, supplying or
providing any portion of the Construction Work pursuant to a contract with the Manager or its
Contractor. Manager, through its Contractor., shall be solely responsible for and have control over
the Sub -Contractors.
18. Ownership and Use of Documents
The Drawings, Specifications and other documents prepared by the A/E(s), and copies
thereof furnished to the Manager and/or its Contractor, are for use solely with respect to this
Agreement.
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19. Continuing the Work
Manager through its Contractor shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with City, including, without limitation, disputes or
disagreements concerning the Contract timeframe for completion of the Work. The Work shall not
be delayed or postponed pending resolution of any disputes or disagreements. All disputes shall
be resolved in accordance with Article 51, Resolution of Contract Disputes and Article 52
Mediation -Waiver of Jury Trial.
20. Public Entitv Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to the City, may not be awarded or perfonn work as a contractor, supplier, or
subcontractor, under a contract with the City, and may not transact any business with the City in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two
purchases for a period of 36 months from the date of being placed on the convicted vendor list.
Violation of this section by Manager shall result in cancellation of the City purchase and may
result in Manager's debarment.
21. Nondiscrimination; Equal Employment Opportunity and Americans with
Disabilities Act
Manager warrants and represents that it does not and will not engage in discriminatory
practices and that there shall be no discrimination in connection with Manager or it Contractor's
performance under this Agreement on account of race, color, sex, religion, age, handicap, marital
status or national origin. Manager further covenants that no otherwise qualified individual shall,
solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin,
be excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
Manager and its Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by City,
including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and
all applicable regulations, guidelines, and standards. In addition, Manager shall take affirmative
steps to ensure nondiscrimination in employment against disabled persons.
22. Audit Rights
At any time during normal business hours and after reasonable notice has been provided,
there shall be made available to the City and/or representatives of the City to audit, examine, and
make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of
employment and other reasonable data in Manager's possession and relating to this Agreement. It
is further understood that all records and supporting documents pertaining to this Agreement shall
be maintained for a minimum period of four (4) years. The retention and access period starts from
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the date of the submission of the annual performance and evaluation report in which the specific
activity is reported for the final time. The Contractor must request approval from the City before
disposing of any records under this Agreement.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall
be kept in accordance with such. statute. Otherwise, for the purpose of such audits, inspections,
examinations and evaluations, the City's agent or authorized representative shall have access to
said records from the effective date of this Agreement, for the duration of the Work, and until 4
years after the date of final payment by the City to Construction pursuant to this Agreement.
The City's agent or its authorized representative shall have access to the Manager's
facilities, shall have access to all necessary records, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with this provision. The City or its authorized
representative shall give auditees reasonable advance notice of intended audits.
If an audit inspection or examination in accordance with this Article discloses overcharges
in excess of 2% except negotiated fees by the Manager to the City, 50% of the actual cost of the
City's audit shall be paid by the Manager. If the audit discloses contract billing or charges to which
Manager is not contractually entitled, Manager shall pay over to the City said sum within 20 days
of receipt of a written demand unless otherwise agreed to by both parties in writing.
If any litigation, claim, negotiation, audit or other action involving the records has been
started before the expiration of the four (4) year period, the records must be retained until
completion of the action and resolution of all issues which arise from it or until the end of the four
(4) year period, whichever is later. During the course of an audit, if the City determines that any
payment made to the Manager does constitute an allowable expenditure, then the City will have
the right to deduct or reduce those amounts from the related invoices. The Manager must maintain
records necessary to document compliance with the provisions of the Agreement. The Manager
acknowledges that additionally the City has the audit and inspection rights set forth in § 18-100 to
§ 181.02, City Code, as amended.
23. OSHA Compliance
The Manager warrants that it will comply with all safety precautions as required by federal,
state or local laws, rules, regulations and ordinances.
24. Safety Precautions
. Manager, either itself or through its Contractor, shall comply with all applicable laws,
ordinances, rules, regulations and. orders of any public body having jurisdiction for the safety of
persons or property or to protect them from damage, injury or loss; and shall erect and maintain
all necessary safeguards for such safety and protection. Manager through its 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
Manager, Contractor, any Sub -Contractor or anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, shall be remedied by Manager.
Manager's duties and responsibilities for the safety and protection of the Work shall continue until
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such time as all the Work is completed and City has issued to Manager a notice of Final
Acceptance, said notice shall not be unreasonably withheld or delayed.
Manager 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 City's
Project Manager must be immediately notified of each and every occurrence. The Manager shall
comply with all codes, ordinances, rules, orders and other legal requirements of public authorities
(including, without limitation, OSHA, EPA, DERM, the City, Miami -Dade County, State of
Florida, and Florida Building Code) which bear on the performance of the Work.
Manager shall require that Contractor ensure that all Work is performed using adequate
safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding,
barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are
necessary for the protection of its employees, as well as the public and City employees. All riggings
and scaffolding shall be constructed with good sound materials, of adequate dimensions for their
intended use, and substantially braced, tied or secured to insure absolute safety for those required
to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards,
trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as
applicable, and in accordance with all federal state and local regulations.
If an emergency condition should develop during the Project, the Manager must
immediately notify the City's Project Manager of each and every occurrence. The Manager should
also recommend any appropriate course(s) of action to the City's Project Manager.
25. Permits and Licenses
Except as otherwise provided within the Agreement, all permits and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Manager pursuant to this Agreement shall be secured and paid for by Manager. 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.
26. Compliance with Laws
Manager and its Contractor shall comply with all applicable laws, codes, ordinances, rules,
regulations and resolutions and all applicable guidelines and standards in performing its duties,
responsibilities, and obligations related to this Agreement.
27. Defective Work
The City's Project Manager shall have the authority to reject or disapprove Work which it
finds to be defective. If required by the City, Manager, through its Contractor, shall promptly either
correct all defective work or remove such defective Work and replace it with non -defective Work.
Manager shall bear all direct and indirect costs of such removal or corrections including cost of
testing laboratories and personnel.
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Should Manager, through its 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 a reasonable time after. notice in writing provided by the City, the City shall
have the authority to cause the defective work to be removed or corrected, or make such repairs as
may be reasonably necessary at Manager's expense. Any reasonable expense incurred by City in
making such removals, corrections or repairs, shall be paid for out of any monies due or which
may become due Manager. In the event of failure of Manager ,to make all necessary repairs
promptly and fully, which is not cured in the Cure Period, the City may declare Manager 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 Documents, any of the Work is found to
be defective or not in accordance with the Contract Documents, Manager, after receipt of written
notice from City, shall promptly correct such defective or nonconforming Construction Work
within the time specified by City without cost to the City. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other obligation which Manager
might have under the Contract Documents including but not limited to any claim regarding latent
defects.
28. Warrantv of Materials and Equipment
Manager through its Contractor warrants to City that all materials and equipment furnished
under this Agreement 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. All
equipment and materials not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by City, Manager shall
furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty
is not limited by any other provisions within the Contract Documents.
29. Warranty of Construction
The Manager, through its Contractor shall warrant that the Work conforms to the
Agreement and is free of any patent and/or latent defect of the workmanship for a minimum period
of one year from the date of Substantial Completion.
The Manager's obligation under this warranty shall be at its own cost and expense, to
promptly repair or replace (including cost of removal and installation), that item (or part or
component thereof) which proves defective or fails to comply with the Agreement within the
warranty period such that it complies with the Agreement.
30. Manufacturer's Warranty
Manager through the Contractor shall provide to City all manufacturers' warranties. All
warranties, expressed and/or implied, shall be given to the City for all material and equipment
covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the
Manager, through the Contractor against factory defects and workmanship at time of installation.
At no expense to the City, the Manager shall correct any and all apparent and latent defects that
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are required by Florida law. The Contract Documents may supersede the manufacturer's standard
warranty.
31. No Damages for Dela
In. the event of any delays to the Project that are caused by actions or events that are out of
the control of the owner or entities hired or control by the owner, the Contractor's sole remedy
shall be to seek an extension of time in accordance with the terms of the Agreement. The City shall
not be liable for any delay damages or damages attributable to performing Work out of sequence,
acceleration claims or other similar type claims, incurred by Contractor arising out of or in any
way associated with the performance under this Agreement.
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against the City by reason of any delays except as provided herein. Manager shall not be
entitled to an increase in the Contract Price or payment or compensation of any kind from City for
direct, indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference
or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance
be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable.
Otherwise, Manager shall be entitled only to extensions of the Contract Time as the sole and
exclusive remedy for such resulting delay, in accordance with and to the extent specifically
provided above.
32. Excusable Dela
Excusable Delay is caused by circumstances beyond the control of Manager, Contractor,
its Sub -Contractors, suppliers and vendors.
Subject to the approval by the State of Florida, Manager may request a time extension of
the Construction Work Time for Completion for each day the Construction Work is delayed due
to Excusable Delay. Manager shall document its claim for any time extension as provided in
Article 36 hereof.
Where Manager determines that the City is liable for payment of cost due to a delay any
request for additional compensation must be submitted in accordance with Article 32. Manager
shall furnish to the City's Project Manager all documentation supporting its claim, including,
details of the claim, a description of the work affected and the actual costs resulting from the delay.
Where the City agrees to submit in writing to the State of Florida, Manager's request for
approval of an excusable delay and the Work is being performed by the Manager, if said. request
is approved by the State of Florida, the Manager shall be reimbursed for actual, direct costs
associated with the delay.
The Manager agrees that the above constitutes its sole and exclusive remedies for an
excusable delay. Failure of Manager to materially comply with Article 32 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. The Guaranteed
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Maximum Cost can never be exceeded or increased, except by an approved change order or
approved Construction Change Directive ("CCD").
33. Notification and Claim for Chante of Construction Work Time
Any claim for a change in the Time for Completion, shall be made by written notice by
Manager to the Project Manager within thirty (30) 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. City allows an additional period of time to ascertain more accurate data in support of the
claim and such notice shall be accompanied by Manager's written notarized statement that the
adjustment claimed is the entire adjustment to which the Manager has reason to believe it is entitled
as a result of the occurrence of said event.
The Time for Completion 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 Manager if a claim
is made therefore as herein. Such delays shall include, but not be limited to, acts or neglect by any
separate contractor employed by City, fires, floods, epidemics, abnormal weather conditions or
acts of God.
34. Changes in the Work or 'Terms of Contract Documents
Without invalidating the Agreement and without notice to any Surety, City reserves and
shall have the right, from time to time to make such increases, decreases or other changes in the
character or quantity of the Work as may be considered necessary or desirable to complete fully
and acceptably the proposed construction in a satisfactory manner. Any extra or additional work
within the scope of this Project must be issued in writing in accordance with the requirements of
this Agreement.
Any changes to the tenns of the Contract Documents must be contained in a written
document, executed by the parties hereto, with the same formality and of equal dignity prior to the
initiation of any Work reflecting such change. This Article shall not prohibit the issuance of
Change Orders executed only by City as hereinafter provided.
35. Force Maieure
Should any failure to perform on the part of Manager be due to a condition of force majeure
as that term is interpreted under Florida law, the City shall then allow an extension of time
reasonably commensurate with the cause of such failure to perform or cure.
If the Manager is delayed in performing any obligation under this Agreement due to a force
majeure condition, the Manager shall request a time extension from the City within seven (7)
working days of said force majeure occurrence. Any time extension shall be subject to mutual
agreement and subsequent approval by the State of Florida and shall not be cause for any claim by
the Manager for extra compensation. Events of Force Majeure include inclement, weather except
as permitted by Florida law and may not include the acts or omissions of the general contractor or
any Sub -Contractors.
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36. Field Directives
The City's Project Manager may at times issue Field Directives to the Manager based on
visits to the Project site. Such Field Directives shall be issued in writing and the Manager shall be
required to comply with such reasonable directives. Where the Manager believes that the directive
is outside the scope of the Work or unreasonable, the Manager shall, within 48 hours, advise the
City's Project Manager that the Field Directive is either unreasonable and/or outside the scope of
the Work. At that time the Field Directive may be rescinded or the Manager may be required to
submit a request for a Change Order proposal. Where the Manager is notified of the City's position
that the Field Directive is within the scope and/or reasonable and the Manager disagrees, the
Manager shall notify the City's Project Manager that the Manager reserves the right to make a
claim for the time and monies based on the Field Directive. At no time shall the Manager
unreasonably refuse to comply with the directive. Failure to reasonably comply with the directive
may result in a determination that the Manager is in default of the Agreement.
37. Change Orders
Changes in the quantity or character of the Construction Work of the Project which are not
properly the subject of Field Directives or Supplemental Instructions, including all changes
resulting in changes in, the contract price or time shall be authorized only by Change Orders
approved in advance by the City Project Manager and Manager and issued in accordance with the
terms of this Agreement.
All changes to Construction Work must be approved in advance in accordance with the
value of the Change Order or the calculated value of the time extension. All Change Orders
increasing the City Commission approved value of the Agreement shall be approved in advance
by the City Commission.
38. Value of Chanp_e Order Work
The value of any Work to be covered by a Change Order, or for any claim for an increase
or decrease in the Agreement, shall be determined in one of the following ways;
Where the work involved is covered by unit prices contained in the Schedule of
Values, by application of unit prices to the quantities of items involved.
• By mutual acceptance of a lump sum which Manager and City acknowledge
contains a component for overhead and profit.
39. Inspection of Work
The City shall at all times have access to the Work during normal work hours. 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 City.
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 Manager to any inspector, directly or indirectly, is
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strictly prohibited, and any such act on the part of Manager will constitute a breach of this
Agreement.
40. Submittals
All submittals for the Work shall be completed by the Architect/ Engineer (".A/E").
City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the City has returned. approved submittals to the Contractor..
City shall make every effort to review submittals within ten (10) calendar days from the
date of receipt by the City. City'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 City shall return the shop
drawings to the Manager for its use and distribution.
Approval of any submittal shall not relieve the Manager and Contractor of any
responsibility for any deviations from the requirements of the Contract Documents unless the
Manager has given written notice to the City of the specific deviations and the City has issued
written approval of such deviations.
Manager shall be responsible for the distribution of all shop drawings, copies of product
data and samples, which bear the A/E and City's stamp of approval. Distribution shall include, but
not be limited to; job site file, record documents file, sub -contractors, suppliers, and other affected
contractors or entities that require the information.
During the progress of the Work, the Manager shall submit copies of all reports, permits
and inspections required by governing authorities, or necessary for the Project.
41. Substitutions
Manager shall submit all requests for substitutions to the City for review and approval. All
such requests shall include sufficient documentation to support such. request. City may request
additional information as deemed necessary to properly review such requests.
42. Shop Drawings
Manager, through the 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, and details of the item and evidence of its
compliance or noncompliance with the Contract Documents.
If the Shop Drawings show or indicate departures from the Contract Documents'
requirements, Manager, through the Contractor shall make specific mention thereof in its letter of
transmittal. Failure to point out such departures shall not relieve Manager from its responsibility
to comply with the Contract Documents.
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City shall review and approve Shop Drawings within ten (10) calendar days from the date
received, unless said Shop Drawings are rejected by City for material reasons. City's approval. of
Shop Drawings will be general and shall. not relieve Manager, through the Contractor of
responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and construction
of the work, nor for the famishing 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 the said Shop Drawings have been approved by City. Approval shall not relieve Manager
from responsibility for errors or omissions of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate the design. It is
Manager's, through the Contractor's responsibility to assemble the Shop Drawings for all such
interconnecting and/or interdependent items, check them and then make one submittal to City
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.
Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract
Document references, drawing number(s), specification section number(s) and the shop drawing
numbers of related work. Shop drawings must be complete in every detail, including location of
the work. Materials, gauges, methods of fastening and spacing of fastenings, connections with
other work, cutting, fitting, drilling and any and all other necessary information per standard trade
practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the City is entitled to rely upon the accuracy and
completeness of such calculations and certifications submitted by the Manager. Calculations, when
required, shall be submitted in a neat clear and easy format to follow.
Manager shall keep one set of Shop Drawings marked with A/E and City's approval at the
job site at all times.
43. Product Data
Manager, through the Contractor shall submit a copy of product data. Copies must be
marked to identify applicable products, models, options and other data. Manager, through the
Contractor shall supplement manufacturer's standard data to provide information unique to the
Construction Work.
Manager, through the 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.
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44. As -Built Drawings
During the Construction Work, Manager, through. the Contractor shall maintain records of
all deviations from the Drawings and Specifications as approved by the City and prepare As -Built
Record Drawings showing correctly and accurately all changes and deviations made during
construction to reflect the work as it was actually constructed. It is the responsibility of the
Manager, through the Contractor to check the As -Built Drawings for errors and omissions prior to
submittal to the City and certify in writing that the As -Built Drawings are correct and accurate,
including the actual location of all internal piping, electrical/signal conduits in or below the
concrete floor. Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On-site structures and site work as follows:
Depths of various elements of foundation in relation to finish first floor datum.
All underground. piping and ductwork with elevations and dimensions and locations
of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of
underground utilities and appurtenances, referenced to permanent surface
improvements. Actual installed pipe material, class, etc.
Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts
with locations of dampers, access doors, fans and other items needing periodic
maintenance.
• Field changes in dimensions and details.
• Changes made by City's written instructions or by Change Order.
• Details not on original Contract Drawings.
• Equipment, conduit, electrical panel locations.
• City schedule changes according to Contractor's records and shop drawings.
Specifications and Addenda: Legibly marls each section to record:
Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
Approved Shop Drawings: Provide record copies for each process,
equipment, piping, electrical system and instrumentation system.
45. Requests for information (RFI)
The Manager or its Contractor shall submit in writing a Request for Information (RFI) to
the City's Project Manager, where the Manager believes that the 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.
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46. Citv's Right to Terminate
The City Manager has the right to terminate this Agreement for any reason or no reason,
upon thirty (3 0) days Written Notice. Such Written Notice shall state the date upon which Manager
shall cease all Work under this Agreement and vacate the Project site. Upon termination of this
.Agreement, all charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under this Agreement, whether finished or not,
must be turned over to the City.. The Manager shall be paid for Work performed and accepted by
the City, provided that said documentation is turned over to City within twenty (20) business days
of termination.
Failure to timely deliver the documentation shall be cause to withhold any payments due
without recourse by Manager until all documentation is delivered to the City. In such event, the
City shall pay Manager compensation for Services rendered and approved expenses incurred prior
to the effective date of termination. In no event shall the City be liable to Manager for any
additional compensation and expenses incurred, other than that provided herein, and in no event
shall the City be liable for any consequential or incidental damages.
47. Termination by Default
If Manager fails to comply with any material term or condition of this Agreement, or fails
to perform any of its obligations hereunder, then Manager shall be in default. Upon the occurrence
of a default which is not cured within the Cure Period, in addition to all remedies available to it by
law, the City may immediately, upon written notice to Manager, terminate this Agreement. The
City may also suspend any payment or part thereof or order a Work stoppage until such time as
the issues concerning compliance are resolved. Manager understands and agrees that termination
of this Agreement under this Article shall not release Manager from any obligation accruing prior
to the effective date of termination.
In the event of termination due to default, in addition to the foregoing Manager shall be
liable for all costs and expenses incurred by the City in the re -procurement of the Work under this
Agreement. In the event of Default, the City may also issue a Notice to Cure and suspend or
withhold payments to Manager until such time as the actions giving rise to default have been cured.
In no event shall the Manager be liable to the City for any additional expenses incurred, other than
that provided herein, and in no event shall the Manager be liable for any consequential or incidental
damages.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
• Manager fails to obtain the insurance herein required.
• Manager fails to comply with any of its duties under this Agreement, with any terms
or conditions set forth in this Agreement beyond the specified period allowed to
cure such default.
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• Manager 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 this Agreement.
The City shall provide Written Notice to Cure to Manager as to a finding of default, and.
Manager shall take all necessary action to Cure said default within such time as stipulated in the
Written Notice. Such Written Notice shall provide a minimum of 30 days to Cure any alleged
default. Such time to Cure shall be at the sole discretion of the City, but be no less than 30 days.
The City may extend the Cure Period at its sole discretion or terminate the Agreement upon failure
of the Manager to cure such default in the specified timeframe.
48. Manager's Right to Terminate
The Manager shall have the right to terminate this Agreement, in writing, following breach
by the City, if breach of contract has not been corrected within thirty (30) days from the date of
the City's receipt of a, written notice from Manager specifying the City's breach of its duties under
this Agreement. The City shall only be responsible for payment of Manager compensation for
Services rendered. and approved expenses incurred prior to the effective date of termination. In no
event shall the City be liable to Manager for any additional compensation and expenses incurred,
other than that provided herein, and in no event shall the City be liable for any consequential or
incidental damages.
49. Materiality and Waiver of Breach
City and Manager agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Agreement.
The parties' failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision or modification of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to
be a modification of the terms of this Agreement.
50. Acceutance and Final Payment
Upon receipt of written notice from Manager that the Construction Work is ready for final
inspection and acceptance, the City shall, within ten (10) calendar days, make an inspection
thereof. If City's Project Manager find the Work acceptable, the requisite documents have been
submitted and the requirements of the Contract Documents fully satisfied, and all conditions of
the permits and regulatory agencies have been met, a Final Certificate for Payment (Attachment
E) shall be issued by City's Project Manager, over its signature, stating that the requirements of the
Contract Documents have been performed and the Work is ready for acceptance under the terms
and conditions thereof.
Before issuance of the Final Certificate for Payment, Manager shall deliver to City's Project
Manager a conditional release of all liens arising out of this Agreement, or receipts in full in lieu
thereof; an affidavit certifying that all suppliers, Sub -Contractors, and Contractor have been or will
be (out of the final payment) paid in fall and that all other indebtedness connected with the
Construction Work has been or will be paid; the final corrected As -Built Drawings; the Record
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Set; and the final bill of materials, if required, and Application for Payment. Manager shall deliver
the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate
for Payment.
If, after the Construction Work has been substantially completed, full completion thereof
is materially delayed through no fault of Manager or its Contractor, and. A/E so certifies, City shall,
upon certificate of City's Project Manager, and without terminating the Agreement, make payment
of the balance due for that portion of the Workk fully completed and accepted. Such payment shall
be made under the terms and conditions governing final payment, except that it shall not constitute
a waiver of unknown claims.
The making of and acceptance of final payment shall constitute a waiver of all claims by
Manager and the City, except those previously made in strict accordance with the provisions of
the Agreement and identified by Manager or the City as unsettled. at the time of the application. for
final payment.
51. Resolution of Contract Disputes
Manager understands and agrees that all disputes between it and the City based upon an
alleged violation of the terms of this Agreement by the City shall be initially submittedto the
Director for resolution. Upon receipt of the submittal from the Manager, the Director shall render
a decision within fourteen (14) calendar days. Where a mutually satisfactory resolution cannot be
reached the Manager may submit the dispute to the City Manager or his/her designee for resolution.
Where a mutual resolution cannot be reached between the Manager and the City Manager or
designee, the Manager, prior to being entitled to seek judicial relief shall comply with Article 51
of this Agreement, in connection therewith. Manager shall not be entitled to seek judicial. relief
unless:
• It has first received City Manager's written decision, approved by the City
Commission if applicable, or
• A period of sixty (60) days has expired after submitting to the City Manager a
detailed statement of the dispute, accompanied by all supporting documentation, or
a period of seventy-five (75) days has expired where City Manager's decision is
subject to City Commission approval; and
• Mediation of the dispute, as stipulated in Article 52, has not resulted in a mutual
resolution; or
• City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the City Manager.
If Manager is required to file a lawsuit in order to meet a statute of limitations before it has
complied with any of the above requirements, it shall be entitled to file the action and then the City
may move to stay the action to allow the Manager to comply with the conditions precedent to
litigation as set forth in this Agreement.
26
52. 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 design and/or construction of the Project, and/or following the completion. of the
Project, the parties to this Agreement agree all unresolved disputes between them shall be
submittedto 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.
In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their
right to jury trial in any action arising under this Agreement.
53. Substantial Completion, Punch List and Final -Completion
The Construction Work shall be substantially complete when the City's Project Manager,
in the reasonable exercise of his/her discretion determines that the Construction Work is complete
and there are no material and/or substantial variations from the Agreement and the Construction
Work is fit for its intended purpose. City's Project Manager shall not unreasonably withhold or
delay its approval. Upon Substantial Completion, City's Project Manager and the Manager shall
sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the
Manager from its obligation to complete the Project.
When the Manager believes that the Construction Work is substantially complete, the
Manager shall request in writing that the City inspect the Construction Work to determine if
Substantial Completion has been achieved. No request for Substantial Completion inspection is to
be submitted until the Manager has obtained a Certificate(s) of Occupancy, Certificate of
Completion or Completion or a Temporary Certificate of Occupancy, or other equivalent. The City
shall schedule the date and time for any inspection and notify the Manager and any other parties
deemed necessary. During this inspection, the Project Substantial Completion Inspection Form,
(Attachment B), 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, (Attachment C),
shall be signed by the City's Project Manager and the Manager confirming that the Punch List
contains the item(s) necessary to complete the Construction Work. The failure or refusal of the
Manager to sign the Proj ect Substantial Completion Inspection Form or Punch List shall not relieve
the Manager from complying with the reasonable findings of the Project Substantial Completion
Inspection and completing the Project to the satisfaction of the City.
Where the Punch List is limited to minor omissions and defects, the City shall indicate that
the Construction Work is substantially complete subject to completion of the Punch List. Where
the City determines, on the appropriate form that the Work is not substantially complete, the City
shall provide a list of all open items necessary to achieve Substantial Completion. Upon
completion of such Construction Work, the Manager shall request another Substantial Completion
inspection.
The City's Project Manager and the Manager shall agree on the time reasonably required
to complete all remaining Work included in the Punch List.
27
Upon the receipt of all documentation, resolution of any outstanding issues and issuance
of final payment, the City shall notify the Manager in writing of the closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form attached hereto
as Attachment D which shall establish the Date of Substantial Completion. Once substantial
completion is achieved the City shall be responsible for security, maintenance, heat, utilities,
damage to the Project site, and insurance; and shall list all Construction 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 Manager to complete
all of the Work in accordance with the Contract Documents, Warranties required by the Contract
Documents shall commence on the date of Substantial completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial Completion.
54. Applicable Law and Venue of Litigation
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement,
or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall
bear its own attorney's fees except in actions arising out of Manager's duties to indemnify the City
under this Agreement where Manager shall pay the City's reasonable attorney's fees.
55. Independent Contractor
Manager is an independent contractor under this Agreement. Services provided by the
Contractor pursuant to this Agreement shall be subject to the supervision of the Manager. In
providing such services, neither Manager nor its agents shall act as officers, employees, or agents
of the City. Manager further understands that Florida Workers' Compensation benefits available
to employees of the City are not available to Manager, and agrees to provide workers'
compensation insurance for any employee, or entity working for the Manager rendering services
to the City under this Agreement. This Agreement shall not constitute or make the parties a
partnership or joint venture.
56. Successors and Assigns
The performance of this Agreement shall not be transferred, pledged, sold, delegated or
assigned, in whole or in part, by the Manager without the written consent of the City. It is
understood that a sale of the majority of the stock or partnership shares of the Manager, a merger
or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would
constitute an assignment or sale hereunder requiring prior City approval.
The Construction Manger's services are unique in nature and any transference without City
Commission approval shall be cause for the City to nullify this Agreement. Any assignment
without the City's consent shall be null and void. The Manager shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax
returns from any proposed assignee and the execution of an assignment/assumption agreement in
a form satisfactory to the City Attorney as a condition precedent to considering approval of an
assignment.
28
57. Third Partv Beneficiaries
Neither Manager nor the City intends to directly or substantially benefit a third party by
this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either of them based
upon this Agreement. 'The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Agreement.
58. Joint Preparation- Interpretation
The language of this Agreement has been agreed to by both parties to express their mutual
intent and no rule of strict construction shall be applied against either parlay hereto. The headings
contained in this Agreement are for reference purposes only and shall not affect in any way the
meaning or interpretation of this Agreement. All personal pronouns used in. this Agreement shall
include the other gender., and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this
Agreement as a whole and not to any particular sentence, article, paragraph, or section where they
appear, unless the context otherwise requires, Whenever reference is made to a Section or Article
of this Agreement, such reference is to the Section or Article as a whole, including all of the
subsections of such Section or Article, unless the reference is made to a particular subsection.
59. 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 Agreement and executed by the City Manager and Manager.
60. Severability
In the event that any provision of this Agreement is determined by a Court of competent
jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be
excised from this Agreement, and the remainder of this Agreement 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 this
Agreement in its entirety. An election to terminate this Agreement based upon this provision shall
be made within seven (7) days after the finding by the court becomes ficial.
61. Entire Agreement
This Agreement, as it may be amended from time to time, represents the entire and
integrated agreement between the City and the Manager and supersedes all prior negotiations,
representations or agreements, written or oral. This Agreement 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 this Agreement shall not be deemed to be a waiver of any
other breach
29
62. Conflict of Interest
, Manager covenants that no person under its employ who presently exercises any functions
or responsibilities on behalf of the City in connection with this Agreement has any personal
financial interests, direct or indirect, with the Contractor. Manager further covenants that, in the
performance of the Agreement, no person having such conflicting interest shall be employed. Any
such interest on the part of the Contractor or its employees must be disclosed in writing to the City.
Manager is aware of the conflict of interest laws of the City, Miami City Code §2-611,
Miami -Dade County, Florida, Miami -Dade County Code §2-11.1; and the State of Florida,
Chapter 112, Part III, Florida Statutes, as amended, and agrees that it shall fully comply in all
respects with the terms of said laws.
63. Independent Contractor
Manager., its employees, agents or representatives, shall be deemed to be independent
contractors and not agents or employees of the City and shall not attain any rights or benefits under
the civil service or pension ordinances of the City, or any rights generally afforded classified or
unclassified employees. Manager, its employees, agents or representatives, shall not be entitled to
Florida Workers' Compensation benefits as an employee of the City.
64. Public Records
Manager shall comply with Chapter 119, Florida Statutes, as may be applicable, shall
additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep
and maintain public records that ordinarily and necessarily would be required by the City to
perform this service; (2) provide the public with access to public records on the same ternis and
conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law; (3) ensure that public records that are exempt or confidential and exempt from
disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining
public records and transfer, at no cost, to the City all public records in its possession upon
termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements; (5) all electronically stored public records
must be provided to the City in a format compatible with the City's information technology
systems.
65. Notices
All notices or other communications required under this Agreement shall be in writing and
shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested,
addressed to the other party at the address indicated herein or to such other address as a party may
designate by notice given as herein provided. Notice shall be deemed given on the day on. which
personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt,
whichever is earlier.
For The City of Miami:
City Manager
30
444 S.W. 2nd Avenue, 10th Floor
Miami, FL 33130-1910
With a copy to:
Director of the Department for Capital Improvements and
Transportation Program
444 S.W. 2nd Avenue, 8th Floor
Miami, FL 33130-1910
For Manager:
Oat-, Plaza Associates (Del.) LLC
Attn: Eric Wilson
3841 N.E. 2nd Avenue, Suite 400
Miami, FL 33137
Telephone (305) 722-7100
Facsimile (305) 722-7263
[SIGNATURE PAGE(S) TO FOLLOW]
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year
first above written
ATTEST:
Todd B. Hannon, City Clerk
ATTEST:
Name:
Title:
31
11cityal
City of Miami, a municipal corporation
Daniel J. Alfonso, City Manager
"Manager"
Oak Plaza Associates (Del.) LL, a Delaware
limited liability company
Name:
Title:
APPROVED AS TO LEGAL FORINT AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez, City Attorney Ann -Marie Sharpe, Risk Management
Director
ATTACHMENT A
Those drawing, plans, and specifications on the list attached but only to the extent
such drawings, plans and specifications relate to the Scope of Work attached hereto.
32
CITY OF MIAMI
Date of Inspection:
Project information
Project No.:
Project Location:
Representation
City of Miami
ser Agency:
Contractor:
ATTACHMENT B
DEPARTMENT OF CAPITAL IMPROVEMENTS
444 S.W. 2ND AVENUE, 8"' FLOOR
MIAMI, FLORIDA 33130
SUBSTANTIAL COMPLETION INSPECTION
Re -Inspection No.:
Project Name:
Contractor's Name:
Inspection
Based on the request of the Contractor a substantial completion inspection was conducted, which
resulted in the following:
❑ No punch list created. By signing below the City acknowledges that the work, has been.
performed in accordance with the contract and specification requirements. This form shall
serve as the Notice of Final Completion. Project Close Out and final payment is subject to
the submittal of all required documentation.
❑ The punch list items as stated on the punch list form are of a nature that will allow
beneficial occupancy on the premises and the punch list is issued as a final punch list,
subject to re -inspection by the City. By signing below the City acknowledges that the
work has been performed in accordance with the contract and specification requirements.
This form shall serve as a partial acceptance and notification of substantial completion.
Final Acceptance shall be issued subsequent to completion and re -inspection of the punch
list items. Project Close Out and final payment is subject to the punch list re -inspection and
the submittal of all required documentation.
❑ The punch list items listed are of a nature that precludes beneficial occupancy of the
premises. Substantial completion is denied at this time. Items on the punch list must be
completed and the Contractor must request another Substantial Completion Inspection.
The failure or refiisal of the Contractor to sign the Project Substantial Completion Inspection
Form or Punch List shall relieve the Contractor from complying with the findings of the Project
Substantial Completion Inspection and completing the Project to the satisfaction of the City.
33
All punch Fist items must be completed on or before the mutually agreed upon date of
Contractor
Accepted. By:
Name
Signature
City of Miami
Approved By:
Name
Signature
34
ATTACHMENT C
PUNCH LIST
35
CITY OF MIAMI DEPARTMENT OF CAPITAL. IMPROVEMENTS
444 NW 2ND AVENUE
MIAMI, FLORIDA 331.30
PUNCH LIST
Date of Substantial Completion Inspection: Date of Punch List Inspection:
Project No: Project Name:
Project Location: Contractor's Name:
City of Miami Representative:
Contractor's Representative:
Consultant's Representative: _
The following is a list of items, within the scope of work, that require correction prior to; ❑ a
new substantial completion inspection or, ❑ final completion. A detailed description for
each item is provided below. Upon completion the City's Project Manager and the Consultant shall
inspect the work performed and initial that each item has been completed and accepted. (Use
additional aa2es as necessary.)
{38637304;2} SimpsonPark Page
36
to by:
Consultant:
{38637304;2}
37
Page
ATTACHMENT D
CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
AGREEMENT NUMBER:
DEVELOPMENT MANAGER:
AGREEMENT FOR:
NOTICE TO PROCEED DATE:
TO (City):
DATE OF ISSUANCE:
PROJECT OR. DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Agreement has been reviewed and found to be substantially
complete and all documents required to be submitted by Development Manager under the
Contract Documents have been received and accepted. The Date of Substantial Completion of
the Project or portion thereof designated above is hereby established as
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Construction Work or
portion thereof designated by City is the date certified by
Consultant and/or Director when all conditions and requirements
of permits and regulatory agencies have been satisfied and the
work is sufficiently complete in accordance with the Contract
Documents, so the Project is available for beneficial occupancy by
City. A Certificate of Occupancy/Completion must be issued for
Substantial Completion to be achieved.
{38637304;2}
A list of items to be completed or corrected, prepared by Consultant and approved by City is
attached hereto. The failure to include any items on such list does not alter the responsibility of
Manager to complete all work in accordance with the Contract Documents. The date of
commencement of warranties for items on the attached list will be the date of Substantial
Completion unless otherwise agreed in writing.
City By Date
In accordance with the Agreement, Manager will complete or correct the work on the list of items
attached hereto within from the above Date of Substantial Completion.
City By Date
City, through the Director, accepts the Work or portion thereof designated by City as substantially
complete and will assume full possession thereof at (time) on
(date).
City of Miami, Florida
By Director Date
The responsibilities of City and Manager for security, maintenance, heat, utilities, damage to the
work and insurance shall be as follows:
{38637304;2}
ATTACHMENT E
FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
BID/CONTRACT NUMBER:
TO (City): DEVELOPMENT MANAGER:
AGREEMENT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been satisfied. The
documents required by the Agreement, and the final bill of materials, if required, have been
received and accepted. The Work required by the Contract Documents has been reviewed and the
undersigned certifies that the Work, including minor corrective work, has been completed in
accordance with the provision of the Contract Documents and is accepted under the terms and
conditions thereof.
Consultant By Date
City, through the Director, accepts the work as fully complete and will assume full possession
thereof at
(Time)
(Date)
City of Miami, Florida
By Director
{38637304;2}
40
Date
Page
ATTACHMENT F
INSURANCE REQUIREMENTS
DESIGN BUILD CONSTRUCTION AGREEMENT DESIGN DISTRICT ROAD
IMPROVEMENTS
I.
II.
{38637304;2}
Commercial. General Liability (Primary & Non Contributory)
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
Contingent & Contractual Liability
Premises & Operations Liability
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Additional Insured Endorsement Required
Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
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 Liability (Excess Follow Form)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $25,000,000
Aggregate $25,000,000
B. Endorsements Required
City of Miami listed as an additional insured
V. Owners & Contractor's Protective
Each Occurrence $1,000,000
General Aggregate $1,000,000
City of Miami listed as named insured
VI. Payment and Performance Bond $TBD
City of Miami listed as Obligee
VII, INSTALLATION FLOATER
Causes of Loss: All RisIdSpecial Form
Valuation: Replacement Cost
Deductible: $10,000 AOP, 5% W/H
VIII. Contractor's Professional Liability
Each. Claim $3,000,000
Policy Aggregate $3,000,000
Retro Date Included
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.
{38637304;2} 2
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All
policies and/or certificates of insurance are subject to review and verification by
Risk Management prior to insurance approval.
The City will contemplate an Owner's Insurance Controlled Program (OCIP) if selected in
connection with this project. The City must be listed as an additional insured on all primary layers
of liability coverage, as well as all excess and umbrella policies in connection with this insurance
program. Automobile liability shall be included with limits of at least $10,000,000.00 per accident.
Property shall also be included subject to "all risk of direct physical loss, or similar language, with
replacement cost valuation, anddeductibles acceptable to the City covering all other perils, along
with windstorm, hail and flood.
{38637304;2}
ATTACHMENT G
GRANT AGREEMENT #HL061:
STATE OF FLORIDA,
DEPARTMENT OF ECONOMIC OPPORTUNITY
{38637304;2}
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DESIC-N
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HARDSCAPE
MATERIALS PLAN -
OVERALL GROUND
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HARDSCAPE MATERIALS PLAN - OVERALL GROUND FLOOR
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PLANTING PLAN -GROUND FLOOR
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BLOCK 4 PLANT MATERIALS LIST STREETS AND PLAZAS
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LEGEND
—... a/r C..E.
A—C
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piCRFiE PAYER
STREET WIT
El PROPOSER PlPN1FA
A.
FOR D
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GEOMETRY PLAN
SCALB T - 2V
LEGEND
ASPnaEneDmNA caEie o�Rur
UFR) AND I NAifROCR DASERFACE
O_STno PAtfuENT r0 E.A.R
�O PROPOSED iartCRET SIDEW3I.R
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PROPOSED -ER
fOR DEYOUTON RAN RETUT TD DRAWING Po -6
FOR ORADWD AND DPAINADE RAN ... TO DRA- PD -20
ORCNACE AND PAVEMENT NARRWC PLANS REFER TO IXUWelO PD -27
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LEGEND
coxcxcTE of nur '"` ' PRrea�D rmE 'P
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PR POLLUTION RETARDANT 'I
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