Contract with Halloran Construction, Corp. a0%3-9ff2CID
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision
of the State of Florida, hereinafter referred to as City, and HALLORAN CONSTRUCTION
CORPORATION, hereinafter referred to as Contractor.
DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear in the
Project Manual, the intent and meaning shall be interpreted as follows:
1.1 Intentionally Deleted.
1.2 Intentionally Deleted.
1.3 Change Order: A written document ordering a change in the Contract Price or
Contract Time or a material change.
1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which
this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner of a construction project. In the
event City exercises its regulatory authority as a governmental body, the
exercise of such regulatory authority and the enforcement of any rules,
regulations, laws and ordinances shall be deemed to have occurred pursuant
to City's regulatory authority as a governmental body and shall not be
attributable in any manner to City as a party to this Contract.
1.5 City Commission: City Commission shall mean the governing 'and legislative
body of the City.
1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the
City.
1.7 Consultant: The architect or engineer who has contracted with the City to
provide professional services for the Project. The Consultant for the Project is
TLC Engineering for Architecture, 5757 Blue Lagoon Drive, Suite 400, Miami,
FL 33126-2078. As used herein, the term "Consultant" shall also include any
employees of Consultant or sub-consultants under contract with Consultant.
1.8 Contract: The part or section of the Contract Documents addressing some of
the rights and duties of the parties hereto, including but not limited to contract
time and liquidated damages.
1.9 Intentionally Deleted
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1.10 -Contract Administrator: The City's Contract Administrator shall mean the
individual appointed by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project. The City's Contract Administrator for the Project
shall be the Tourism, Culture and Economic Development Director.
1.11 Contract Documents: The Project Manual including drawings (plans) and
specifications, Addenda, if any, to the Project Manual, the Performance Bond
and Payment Bond, the Notice(s) to Proceed, the Purchase Order, Change
Orders, Field Orders, Supplemental Instructions, and any additional
documents the submission of which is required by this Project Manual, are the
documents which are collectively referred to as the Contract Documents.
1.12 Contract Price: The original amount for the Project established by the City, as
may be amended by Change Order.
1.13 Contract Time: The original time between commencement and completion,
including any milestone dates thereof, established in Article 2 of the Contract,
as may be amended by Change Order.
1.14 Contractor: The person, firm, or corporation set forth on page 1 of this
Contract, with whom the City has contracted and who is responsible for the
acceptable performance of the Work and for the payment of all legal debts
pertaining to the Work. All references in the Contract Documents to third
parties under contract or control of Contractor shall be deemed to be a
reference to Contractor.
1.15 Field Order: A written order which orders minor changes in the Work but which
does not involve a change in the Contract Price or Contract Time.
1.16 Final Completion: The date certified by Consultant in the Final Certificate of
Payment upon which all conditions and requirements of any permits and
regulatory agencies have been satisfied; any documents required by the
Contract Documents have been received by Consultant; any other documents
required to be provided by Contractor have been received by Consultant; and
to the best of Consultant's knowledge, information and belief the Work defined
herein has been fully completed in accordance with the terms and conditions
of the Contract Documents.
1.17 Intentionally Deleted
1.18 Inspector: An authorized representative of Consultant or City assigned to
make necessary inspections of materials furnished by Contractor and of the
work completed by Contractor.
1.19 Materials: Materials incorporated in this Project, or used or consumed in the
performance of the Work.
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1.20 Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
1.21 Plans and/or Drawings: The official graphic representations of this Project
which are a part of the Project Manual.
1.22 Intentionally Deleted
1.23 Project: The construction project described in the Contract Documents,
including the Work described therein.
1.24 Project Initiation Date: The date upon which the Contract Time commences.
1.25 Project Manual: The official documents setting forth contract form, bonds, and
certificates; General and Supplementary Conditions of the Contract
Documents; the specifications; and the plans and drawings of the Project.
1.26 Intentionally Deleted
1.27 Intentionally Deleted
1.28 Subcontractor: A person, firm or corporation having a direct contract with
Contractor including one who furnishes material worked to a special design
according to the Contract Documents, but does not include one who merely
furnishes Materials not so worked.
1.29 Substantial Completion: The date certified by Consultant 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 or Certificate of Completion must be issued for Substantial
Completion to be achieved, however, the issuance of a Certificate of
Occupancy or Certificate of Completion or the date thereof are not to be
determinative of the achievement or date of Substantial Completion.
1.30 Surety: The surety company or individual which is bound by the performance
bond and payment bond with and for Contractor who is primarily liable, and
which surety company or individual is responsible for Contractor's satisfactory
performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.31. Work: The construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by Contractor to
fulfill Contractor's obligations. The Work may constitute the whole or a part of
the Project.
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W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named,
agrees as follows:
ARTICLE 1
SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment services and
incidentals necessary to perform all of the work described below and related thereto for the
Project.
The scope of work includes the re-direction of the (3) existing hood exhausts-from the -
Pennsylvania Avenue Garage from the northeast ground floor corner to the southeast corner
(Pennsylvania Avenue); the installation of three (3) grease scrubber units; removal of the
existing ventilation equipment and ductwork; electrical connection of new ventilation equipment;
and any relocating of other existing structures and or utilities which may need to be moved to
facilitate the Work Contractor will contract with the existing hood contractor, Captive Aire, who
will follow the Consultant's Plans, and such Plans will be a part of Contractor's agreement with
Captive Aire. Any deviation by Contractor from the Plans must first be approved, in writing, by
Consultant and Contract Administrator. All Work shall be inspected by City, and shall to be
performed by qualified, licensed and insured workers, to industry standards.
ARTICLE 2
CONTRACT TIME
2.1 Contractor shall be instructed to commence the Work by.written instructions in the form
of a Standing Order issued by the City's Procurement Director and a Notice to Proceed
issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this
Contract. Contractor shall commence scheduling activities, permit applications and
other preconstruction work within five (5) calendar days after the Project Initiation Date,
which shall be the same as the date of the first Notice to Proceed. The first Notice to
Proceed and Purchase Order will not be issued until Contractors submission to City of
all required documents (including, but not limited to: Payment and Performance Bonds
and Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full
progress schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to the
issuance of a second Notice to Proceed to mobilize on the Project site and
commence with physical construction of the work. The Contractor shall submit
all necessary documents required by this provision within twenty-one (21)
calendar days of the issuance of the first Notice to Proceed.
2.2 Time is of the essence throughout this Contract. This project shall be substantially
completed within one hundred twenty (120) calendar days from the issuance of the
second Notice to Proceed, and completed and ready for final payment in accordance
with Article 5 within thirty (30) calendar days from the date certified by Consultant as
the date of Substantial Completion.
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2.3 Upon failure of Contractor to substantially complete the Contract within the specified
period of time, plus approved time extensions, Contractor shall pay to City the sum of
five hundred dollars ($500.00)for each calendar day after the time specified in Section
2.2 above, plus any approved time extensions, for Substantial Completion. After
Substantial Completion should Contractor fail to complete the remaining work within the
time specified in Section 2.2 above, plus approved time extensions thereof, for
completion and readiness for final payment, Contractor shall pay to City the sum of one
five hundred dollars ($500.00) for each calendar day after the time specified in Section
2.2 above, plus any approved extensions, for completion and readiness for final
payment. These amounts are not penalties but.are liquidated damages to City for its
inability to obtain full beneficial occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by
City as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure
of Contractor to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of the
Project for which a time for completion is given.
2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the
Work under this Contract or as much thereof as City may, in its sole discretion, deem
just and reasonable.
2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages,
for all costs incurred by Consultant in administering the construction of the Project
beyond the completion date specified above, plus approved time extensions. Consultant
construction administration costs shall be pursuant to the contract between City and
Consultant, a copy of which is available upon request of the Contract Administrator. All
such costs shall be deducted from the monies due Contractor for performance of Work
under this Contract by means of unilateral credit change orders issued by City as costs
are incurred by Consultant and agreed to by City.
ARTICLE 3
THE CONTRACT SUM
[ ] This is a Unit Price Contract:*
3.1 City shall pay to Contractor the amounts determined for the total number of each of the
units of work completed at the unit price stated. The number of units contained in this
schedule is an estimate only, and final payment shall be made for the actual number of
units incorporated in or made necessary by the Work covered by the Contract
Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the Work.
These prices shall be full compensation for all costs, including overhead and profit,
associated with completion of all the Work in full conformity with the requirements as
stated or shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract unit price shall be included in the Contract unit price or
lump sum price to which the item is most applicable.
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[X] This is a Lump Sum Contract:*
3.1 City shall pay to Contractor for the performance of the Work described in the Contract
Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full
compensation for all costs, including overhead and profit, associated with completion of
all the work in full conformity with the requirements as stated or shown, or both, in the
Contract Documents. The cost of any item of work not covered by a definite Contract
lump sum should be included in the lump sum price to which the item is most applicable.
3.3 As compensation for Contractor's services, City shall pay the Contractor an amount
equal to $250,000.00 which shall represent the total compensation for Contractor's
services, including Contractor's overhead and profit.
*Note: Some projects include both unit prices and lump sums in which case both sections shall
apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.1 Contractor may make Application for Payment for work completed during the Project at
intervals of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount due,
together with such supporting evidence as may be required by Consultant. Contractor
shall include, but same shall be limited to, at Consultant's discretion, with each
Application for Payment, an updated progress schedule acceptable to Consultant as
required by the Contract Documents and a release of liens and consent of surety relative
to the work which is the subject of the Application. Each Application for Payment shall be
submitted in triplicate to Consultant for approval. City shall make payment to Contractor
within thirty (30) days after approval by Consultant of Contractor's Application for
Payment and submission of an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until
Final Completion and acceptance by City in accordance with Article 5 hereof, except that
after ninety percent (90%) of the Work has been completed, the Contract Administrator
may reduce the retainage to five percent (5%) of all monies previously earned and all
monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the
Contract Administrator, shall be recommended by Consultant and Contractor shall have
no entitlement to a reduction. Any interest earned on retainage shall accrue to the
benefit of City. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
4.3.1 Defective work not remedied.
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4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
4.3.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
4.3.6 Failure of Contractor to provide any and all documents required by the Contract
Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection
and acceptance, Consultant shall, within ten (10) calendar days, make an inspection
thereof. If Consultant and Contract Administrator 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 of Payment (Form 00926) shall be issued by Consultant, 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.
5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to
Consultant a complete release of all liens arising out of this Contract, receipts in full in
lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in
full and that all other indebtedness connected with the Work has been paid, and a
consent of the surety to final payment; the final corrected as-built drawings; and the final
bill of materials, if required, and invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor , and Consultant so certifies, City shall, upon
certificate of Consultant, and without terminating the Contract, make payment of the
balance due for that portion of the Work fully completed and accepted. Such payment
shall be made under the terms and conditions governing final payment, except that it
shall not constitute a waiver of claims.
5.4 Final payment shall be made only after the City Manager or his designee has reviewed a
written evaluation of the performance of Contractor prepared by the Contract
Administrator, and approved the final payment. The acceptance of final payment shall
constitute a waiver of all claims by Contractor, except those previously made in strict
accordance with the provisions of the General Conditions and identified by Contractor as
unsettled at the time of the application for final payment.
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ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein.
Accordingly, all of the documents incorporated by the Contract Documents shall govern
this Project.
6.2 Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent state or federal provision which is applicable to this Project, the
more stringent state or federal provision shall prevail.
6.3 Public Entity 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
perform work as a contractor, supplier, subcontractor, or consultant 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 Contractor shall result in cancellation of the City purchase and may
result in Contractor debarment.
6.4 Independent Contractor
Contractor is an independent contractor under this Contract. Services provided by
Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In
providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
6.5 Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified.
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The place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties designate the
following:
For Cit
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Alex Denis, Procurement Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Halloran Construction Corp
6709 Biscayne Blvd, #201
Miami, Florida, 33136
Attn: Andrew Halloran
6.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any portion of
the work required by this Contract except as authorized by Section 27 of the General
Conditions. Contractor represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience, education, or
a combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Work and to provide and perform such services to
City's satisfaction for the agreed compensation.
Contractor shall perform its duties, obligations, and services under this Contract in a
skillful and respectable manner. The quality of Contractor's performance and all interim
and final product(s) provided to or on behalf of City shall be comparable to the best local
and national standards.
6.8 Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Contract and,
therefore, is a material term hereof.
City's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
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6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Contract, Contractor and City hereby
expressly waive any rights either party may have to a trial by jury of any civil
litigation related to, or arising out of the Project. Contractor shall specifically bind
all subcontractors to the provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the Board and Contractor.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance
with Section 6.11 above.
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IN WITNESS WHEREOF the parties have set their hands and seals the day and year
first above written.
ATTEST: E CITY OF MI S► I IBAC H
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USE CORPORATIO ' ,, pRP ON FORMAT, AS APPLICABLE.
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ATTEST:-
(N a of Corp ration)
By:
(Secretary) (Signa re)
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(Corporate Seal) (Print Name and Title)
day of , 20 /S
[If not incorporated sign below.]
Contractor
WITNESSES:
(Name of Firm)
By:
(Signature)
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day of , 20
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
ity Attor Date
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GENERAL CONDITIONS:
1. Personnel Requirements: Superintendent must have at least approximately five (5)
years of experience in projects of similar design, scope, size and complexity. The
Project Manager must have at least approximately five (5) years of experience in
projects of similar design, scope, size and complexity.
2. Project Manual:
2.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
2.2. The.Project Manual, along with all.documents_that make up and constitute the
Contract Documents, shall be followed in . strict accordance as to work,
performance, material, and dimensions except when Consultant may authorize,
in writing, an exception.
2.3. Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be resolved by Consultant.
Contractor shall not proceed when in doubt as to any dimension or
measurement, but shall seek clarification from Consultant.
2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project
Manual; two of which shall be preserved and always kept accessible to
Consultant and Consultant's authorized representatives. Additional copies of the
Project Manual may be obtained from City at the cost of reproduction.
3. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete
Project (or part thereof) to be constructed in accordance with the Contract Documents
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 Contract
Documents as being required to produce the intended result shall be supplied by
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 and Contractor shall comply therewith. City shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
4. Preliminary Matters:
4.1. Within five (5) calendar days prior to the pre-construction meeting described in
Section 3.2, Contractor shall submit to Consultant for Consultant's review and
acceptance:
1.1.1 A project."Base Line" schedule, one (1) copy on a CD and One (1) hard
copy (activities arranged in "waterfall"), in the indicated form for Final
review and approval:
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() Bar Chart
() Modified CPM
(*) CPM
(X) Computerized CPM using the latest edition Primavera P3
software
(CPM shall be interpreted to be generally as outlined in the Association of
General Contractors (AGC) publication, "The Use of CPM in
Construction.")
CONTRACTOR shall provide a preliminary man loaded, logic based "Base
Line" Project schedule using "Early Start" and "Early Finish"dates for each
activity. The Contractor shall include, in addition to normal work activity
input, input that encompasses all submittal approvals, delivery durations
for important materials and/or equipment, and Logic relationships of
activities including physical and site restraints. This input shall be
precedence based CPM scheduling using the most recent version of
Primavera P3 software. CONTRACTOR shall provide PROGRAM
MANAGER with a copy of the software.
The preliminary Base Line project schedule when submitted shall have
attached a run of the programs generated error report that states no errors
and be acceptable to CONSULTANT.
Monthly, CONTRACTOR shall submit with each progress application an
update of the Project Schedule with an error report stating no errors (that
does not revise the base line schedule), showing the progress for the
month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE
ELECTRONIC COPY. In addition to the Progress Schedule
CONTRACTOR shall include a narrative-report of the months' progress, an
explanation of any delays and or additions/deletions to activities.
It is strongly recommended that CONTRACTOR hire a seasoned
professional, in the use of Primavera P3, to develop and update the
Primavera P3 project schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and
monthly be prepared to discuss any:
1) Proposed changes to the Base Line schedule logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) Integration of changes into the schedule.
The Project Schedule shall be the basis of the CONTRACTOR'S work
and shall be complied with in all respects.
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If CONTRACTOR'S Work becomes more than (30) days behind schedule
CONTRACTOR shall be required to submit a "Make-Up" schedule to
PROGRAM MANAGER for review and acceptance that demonstrates
Catch Up" within thirty (3) days. CONTRACTOR shall provide, at
CONTRACTOR'S cost, the necessary additional labor and or equipment
necessary to make-up the lost time. Failure to provide a "Make-Up"
schedule-or vigorously follow the "Make-Up" schedule shall be reason to
default CONTRACTOR.
1.1.2 After award but prior to the submission of the final progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall meet
with all utility owners and secure from them a schedule of utility
relocation, provided, however, neither CONSULTANT nor CITY shall be
responsible for the nonperformance by the utility owners.
4.1.3. A preliminary schedule of Shop Drawing submissions; and
4.1.4. In a lump sum contract or in a contract which includes lump sum bid items
of Work, a preliminary schedule of values for all of the Work which will
include quantities and prices of items aggregating the Contract Price and
will subdivide the Work into component parts in sufficient detail to serve
as the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each
item of work which will be confirmed in writing by Contractor at the time of
submission.
[ ] Such prices shall be broken down to show labor, equipment,
materials and overhead and profit.
4.1.5. After award but prior to the submission of the progress schedule,
Consultant, Contract Administrator and Contractor shall meet with all
utility owners and secure from them a schedule of utility relocation,
provided, however, neither Consultant nor City shall be responsible for
the nonperformance by the utility owners.
4.2. At a time specified by Consultant but before Contractor starts the work at the
Project site, a conference attended by Contractor, Consultant and others as
deemed appropriate by Contract Administrator, will be held to discuss the
schedules referred to in Section 3.1, to discuss procedures for handling Shop
Drawings and other submittals and for processing Applications for Payment, and
to establish a working understanding among the parties as'to the Work. `
4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice
to Proceed, a conference attended by Contractor, Consultant and others, as
appropriate, will be held to finalize the schedules submitted in accordance with
Section 3.1. Within forty-five (45)days after the Project Initiation Date set forth in
the Notice to Proceed, the Contractor shall revise the original schedule submittal
to address all review comments from the CPM review conference and resubmit
for Consultant review. The finalized progress schedule will be accepted by
Consultant only as providing an.orderly progression of the Work to completion
within the Contract Time, but such acceptance shall not constitute acceptance by
CITY OF MIAMI BEACH
14
City or Consultant of the means or methods of construction or of the sequencing
or scheduling of the Work, and such acceptance will neither impose on
Consultant or City responsibility for the progress or scheduling of the Work nor
relieve Contractor from full responsibility therefore. The finalized schedule of
Shop Drawing submissions must be acceptable to Consultant as providing a
workable arrangement for processing the submissions. The finalized schedule of
values pursuant to Section 3.1.3 above must be acceptable to Consultant as to
form and substance.
5. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a
Performance Bond and a Payment Bond containing all the provisions of the
Performance Bond and Payment Bond attached hereto as forms 00710 and 00720.
5.1. Each Bond shall be in the amount of one hundred percent(100%)of the Contract
Price guaranteeing to City the completion and performance of the work covered
in such Contract as well as full payment of all suppliers, laborers, or
subcontractors employed pursuant to this Project. Each Bond shall be with a
surety company which is qualified pursuant to Article 5.
5.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%) of the
Contract sum, or an additional bond shall be conditioned that Contractor will,
upon notification by City, correct any defective or faulty work or materials which
appear within one year after Final Completion of the Contract.
5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may
be amended from time to time, Contractor shall ensure that the bond(s)
referenced above shall be recorded in the public records of Miami-Dade County
and provide City with evidence of such recording.
5.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish
alternate forms of security which may be in the form of cash, money order,
certified check, cashier's check or unconditional letter of credit in the form
attached hereto as Form 00735. Such alternate forms of security shall be
subject to the prior approval of City and for same purpose and shall be subject to
the same conditions as those applicable above and shall be held by City for one
year after completion and acceptance of the Work.
6. Qualification of Surety
6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
6.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as surety,
having a resident agent in the State of Florida and having been in
CITY OF MIAMI BEACH
15
business with a record of successful continuous operation for at least five
(5) years.
6.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States
Department of Treasury Circular 570, Current Revisions. If the amount of
the Bond exceeds the underwriting limitation set forth in the circular, in
order to qualify, the net retention of the surety company shall not exceed
the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance
with Treasury Circular 297, revised September 1, 1978 (31 DFR Section
223.10, Section 223.111). Further, the surety company shall provide City
with evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
6.1.3. The City will accept a surety bond from a company with a rating of B+ or
better for bonds up to $2 million, provided, however, that if any surety
company appears on the watch list that is published quarterly by Intercom
of the Office of the Florida Insurance Commissioner, the City shall review
and either accept or reject the surety company based on the financial
information available to the City. A surety company that is rejected by the
City may be substituted by the Contractor with a surety company
acceptable to the City, only if the amount does not increase. The
following sets forth, in general, the acceptable parameters for bonds:
Policy- Financial
Holder's Size
Amount of Bond Ratings Category
500,001 to 1,000,000 B+ Class
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance
Bond and Payment Bond from a surety company which has twice the minimum
surplus and capital required by the Florida Insurance Code at the time the
invitation to bid is issued, if the surety company is otherwise in compliance with
the provisions of the Florida Insurance Code, and if the surety company holds a
currently valid certificate of authority issued by the United States Department of
the Treasury under Section 9304 to 9308 of Title 31 of the United States Code,
as may be amended from time to time. The Certificate and Affidavit so certifying
(Form 00722) should be submitted with the Performance Bond and Payment
Bond.
6.3. More stringent requirements .of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
CITY OF MIAMI BEACH
16
7. Indemnification
7.1 Contractor shall indemnify 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, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Agreement. Except
as specifically provided herein, this Agreement does not require Contractor to
indemnify City, its employees, officers, directors, or agents from any liability,
damage, loss, claim, action, or proceeding. These indemnifications shall survive
the term of this Agreement. In the event that any action or proceeding is brought
against City by reason of any such claim or demand, Contractor shall, upon
written notice from City,.resist and defend such action or proceeding by counsel
satisfactory to City.
7.2 The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to
provide for such defense, at City's option, any and all claims of liability and all
suits and actions of every name and description covered by Section 6.1 above
which may be brought against City whether performed by Contractor , or persons
employed or utilized by Contractor.
8. Insurance Requirements:
8.1. Without limiting any of the other obligations or liabilities of Contractor , Contractor
shall provide, pay for, and maintain in force until all of its work to be performed
under this Contract has been completed and accepted by City (or for such
duration as is otherwise specified hereinafter), the insurance coverage set forth
herein.
8.1.1. Workers' Compensation insurance as required by Florida Statutes,
Chapter 440. In addition, the policy(ies) must include:
8.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($)each accident.
8.1.1.2. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S. Longshoremen
& Harbor Workers Act and Jones Act.
8.1.2. Comprehensive General Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
[X] 8.1.2.1.Premises and/or Operations.
[X] 8.1.2.2.Independent Contractors.
CITY OF MIAMI BEACH
17
[X] 8.1.2.3.Products and/or Completed Operations for contracts over
Fifty Thousand Dollars ($50,000.00) Contractor shall
maintain in force until at least three years after completion of
all work required under the Contract, coverage for Products
and Completed Operations, including Broad Form Property
Damage.
[X] 8.1.2.4.Explosion, Collapse and Underground Coverage.
[X] 8.1.2.5.Broad Form Property Damage.
[X] 8.1.2.6.Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
[ ] 8.1.2.7.Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal
to those required for Bodily Injury Liability and Property
Damage Liability.
[X] 8.1.2.8.City is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for City
by or on behalf of Contractor or acts or omissions of
Contractor in connection with general supervision of such.
operation.
8.1.3. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
8.1.3.1. Owned Vehicles.
8.1.3.2. Hired and Non-Owned Vehicles.
8.1.3.3. Employers' Non-Ownership. (Not Applicable)
[ ) 8.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is required. The coverage shall be
"All Risk" coverage for 100 percent of the completed value, adding the
City as a Named Insured, as their interest may appear, with a deductible
of not more than Five Thousand Dollars ($5,000.00)each claim.
8.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be
specifically endorsed to eliminate any "Occupancy Clause"
or similar warranty or representation that the building(s),
addition(s) or structure(s) in the course of construction shall
not be occupied without specific endorsement of the policy.
CITY OF MIAMI BEACH
18
The Policy must be endorsed to provide that the Builder's
Risk coverage will continue to apply until final acceptance of
the building(s), addition(s)or structure(s)by City.
[ ] 8.1.4.2. Flood Insurance When the buildings or structures are
located within an identified special flood hazard area, flood
insurance must be afforded for the lesser of the total
insurable value of such buildings or structures, or, the
maximum amount of flood insurance coverage available
under the National Flood Program.
8.1.5. Installation Floater for the installation of machinery and/or equipment into
an existing structure is/is not required. The coverage shall be "All Risk"
coverage including installation and transit for 100 percent of the "installed
replacement cost value," covering City as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00) each
claim.
8.1.5.1. Cessation of Insurance--Coverage is not to cease and is to
remain in force (subject to cancellation notice) until final
acceptance by City.
8.1.5.2. Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area, flood
insurance must be afforded for the lesser of the total
insurable value of such buildings or structure, or, the
maximum amount of flood insurance coverage available
under the National Flood Program.
8.2. If the initial insurance expires prior to the completion of the work, renewal copies
of. policies shall be furnished at least thirty (30) days prior to the date of their
expiration.
8.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to
provide City with at least thirty(30)days notice of cancellation and/or restriction.
8.4. Contractor shall furnish to the City's Risk Manager Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen
(15) calendar days after notification of award of the Contract. The required
Certificates of Insurance shall name the types of policies provided, refer
specifically to this Contract, and state that such insurance is as required by this
Contract. The Certificate of Insurance shall be in form similar to and contain the
information set forth in Form 00708.
8.5. The official title of the Owner is the City of Miami Beach, Florida. This official title
shall be used in all insurance documentation.
CITY OF MIAMI BEACH
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9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the
Work, whether temporary permanent and whether or not incorporated or to be
p ry or p
incorporated in the Work.
9.2. Contractor shall at all times enforce strict discipline and good order among its
employees and subcontractors at the Project site and shall not employ on the
Project any unfit person or anyone not skilled in the work to which they are
assigned.
10. Royalties
and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that may be used upon or in any
manner be connected with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in this Contract for said work.
11. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement weather
shall be submitted as a request for a change in the Contract Time pursuant to Article 40.
These time extensions are justified only when rains or other inclement weather
conditions or related adverse soil conditions prevent Contractor from productively
performing controlling items of work identified on the accepted schedule or updates
resulting in:
(1) Contractor being unable to work at least fifty percent (50%) of the normal
workday on controlling items of work identified on the accepted schedule or
updates due to adverse weather conditions; or
(2) Contractor must make major repairs to the Work damaged by weather. Providing
the damage was not attributable to a failure to perform or neglect by Contractor,
and providing that Contractor was unable to work at least fifty percent (50%) of
the normal workday on controlling items of work identified on the accepted
schedule or updates.
12. Permits, Licenses and Impact Fees:
12.1. Except as otherwise provided within the Supplemental Conditions, all permits
and licenses required by federal, state or local laws, rules and regulations
necessary for the prosecution of the Work undertaken by Contractor pursuant to
this Contract shall be secured and paid for by Contractor. It is Contractor's
responsibility to have and maintain appropriate Certificate(s) of Competency,
valid for the Work to be performed and valid for the jurisdiction in which the Work
is to be performed for all persons working on the Project for whom a Certificate of
Competency is required.
12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
Contractor. Contractor shall be reimbursed only for the actual amount of the
CITY OF MIAMI BEACH
20
impact fee levied by the municipality as evidenced by an invoice or other
acceptable documentation issued by the municipality. Reimbursement to
Contractor in no event shall include profit or overhead of Contractor.
13. Resolution of Disputes:
13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
Consultant shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract
Documents and fulfillment of this Contract as to the character, quality, amount
and value of any work done and materials furnished, or proposed to be done or
furnished under or, by reason of, the Contract Documents and Consultant's
estimates and decisions upon all claims, questions, difficulties and disputes shall
be final and binding to the extent provided in Section 12.2. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of City and
Contractor shall be submitted to Consultant in writing within twenty-one (21)
calendar days. Unless a different period of time is set forth herein, Consultant
shall notify City and Contractor in writing of Consultant's decision within twenty-
one (21) calendar days from the date of the submission of the claim, question,
difficulty or dispute, unless Consultant requires additional time to gather
information or allow the parties to provide additional information. All non-
technical administrative disputes shall be determined by the Contract
Administrator pursuant to the time periods provided herein. During the pendency
of any dispute and after a determination thereof, Contractor, Consultant and City
shall act in good faith to mitigate any potential damages including utilization of
construction schedule changes and alternate means of construction.
13.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notify the other
party in writing within ten (10) days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a
statement that any Contract Price adjustment claimed is the entire adjustment to
which the objecting party has reason to believe it is entitled to as a result of the
determination. Within sixty (60) days after Final Completion of the Work, the
parties shall participate in mediation to address all objections to any
determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in
mediation-, the parties retain all their legal rights and remedies provided under
State law. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said
party fails to comply in strict accordance with the requirements of this Article.
14. Inspection of Work:
14.1. Consultant and City shall at all times have access to the Work, and Contractor
shall provide proper facilities for such access and for inspecting, measuring and
testing.
14.1.1. Should the Contract Documents, Consultant's instructions, any laws,
ordinances, or any public authority require any of the Work to be specially
tested or approved, Contractor shall give Consultant timely notice of
CITY OF MIAMI BEACH
21
readiness of the Work for testing. If the testing or approval is to be made
by an authority other than City, timely notice shall be given of the date
fixed for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should be covered
up without approval or consent of Consultant, it must, if required by
Consultant, be uncovered for examination and properly restored at
Contractor's expense.
14.1.2. Reexamination of any of the Work may be ordered by Consultant with
prior written approval by the Contract Administrator, and if so ordered, the
Work must be uncovered by Contractor. If such Work is found to be in
accordance with the Contract Documents, City shall pay the cost of
reexamination and replacement by means of a Change Order. If such
Work is not in accordance with the Contract Documents, Contractor shall
pay such cost.
14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of, the Contract Documents or to delay the Contract by failure to
inspect the materials and work with reasonable promptness without the written
permission or instruction of Consultant.
14.3. 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 Contractor to any inspector,
directly or indirectly, is strictly prohibited, and any such act on the part of
Contractor will constitute a breach of this Contract.
15. Superintendence and Supervision:
15.1. The orders of City are to be given through Consultant, which instructions are to
be strictly and promptly followed in every case. Contractor shall keep on the
Project during its progress, a full-time competent English speaking
superintendent and any necessary assistants, all satisfactory to Consultant. The
superintendent shall not be changed except with the written consent of
Consultant, unless the superintendent proves to be unsatisfactory to Contractor
and ceases to be in its employ. The superintendent shall represent Contractor
and all directions given to the superintendent shall be as binding as if given to
Contractor and will be confirmed in writing by Consultant upon the written request
of Contractor. Contractor shall give efficient supervision to the Work, using its
best skill and attention.
15.2. Daily, Contractor's superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any
weather condition affected progress of the Work; time of commencement of work
for the day; the work being performed; materials, labor, personnel, equipment
and subcontractors at the Project site; visitors to the Project site, including
representatives of Consultant; regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of work for
the day. All information shall be recorded in the daily log in ink. The daily log
shall be kept on the Project site and shall be available at all times for inspection
and copying by City and Consultant.
CITY OF MIAMI BEACH
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15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly
or as determined by the Contract Administrator, during the course of the Work to
review and agree upon the work performed to date and to establish the
controlling items of work for the next two weeks. The Consultant shall publish,
keep, and distribute minutes and any comments thereto of each such meeting.
15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy
between the Contract Documents and the physical conditions of the locality, or
any errors, omissions, or discrepancies in the Project Manual, it shall be
Contractor's duty to immediately inform Consultant, in writing, and Consultant will
promptly review the same. Any work done after such discovery, until authorized,
will be done at Contractor's sole risk.
15.5. Contractor shall supervise and direct. the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
16. City's Right to Terminate Contract:
16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the
Project Initiation Date, or fails to perform the Work with sufficient workers and
equipment or with sufficient materials to insure the prompt completion of the
Work, or shall perform the Work unsuitably, or cause it to be rejected as
defective and unsuitable, or shall discontinue the prosecution of the Work
pursuant to the accepted schedule or if Contractor shall fail to perform any
material term set forth in the Contract Documents or if Contractor shall become
insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency,
or shall make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to Contractor and its Surety of such
delay, neglect or default, specifying the same. If Contractor , within a period of
five (5) calendar days after such notice, shall not proceed in accordance
therewith, then City may upon written certificate from Consultant of the fact of
such delay, neglect or default and Contractor's failure to comply with such notice,
terminate the services of Contractor , exclude Contractor from the Project site
and take the prosecution of the Work out of the hands of Contractor , and
appropriate or use any or all materials and equipment on the Project site as may
be suitable and acceptable. In such case, Contractor shall not be entitled to
receive any further payment until the Project is completed. In addition City may
enter into an agreement for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as in
City's sole opinion shall be required for the completion of the Project according to
the terms and provisions of the Contract Documents, or use such other methods
as in City's sole opinion shall be required for the completion of the Project in an
acceptable manner. All damages, costs and charges incurred by City, together
with the costs of completing the Project, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so
incurred by City shall exceed the unpaid balance, then Contractor shall be liable
and shall pay to City the amount of said excess.
CITY OF MIAMI BEACH
23
i
16.2. If after notice of termination of Contractor's right to proceed, it is determined for
any reason that Contractor was not in default, the rights and obligations of City
and Contractor shall be the same as if the notice of termination had been issued
pursuant to the Termination for Convenience clause as set forth in Section 15.3
below.
16.3. This Contract may be terminated for convenience in writing by City upon ten (10)
days written notice to Contractor (delivered by certified mail, return receipt
requested) of intent to terminate and the date on which such termination
becomes effective. In such case, Contractor shall be paid for all work executed
and expenses incurred prior to termination in addition to termination settlement
costs reasonably incurred by Contractor relating to commitments which had
become firm prior to the termination. Payment shall include reasonable profit for
work/services satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
16.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above,
Contractor shall promptly discontinue all affected work unless the Notice of
Termination directs otherwise and deliver or otherwise make available to City all
data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents whether
completed or in process.
17. Contractor's Right to Stop Work or Terminate Contract:
Should Consultant fail to review and approve or state in writing reasons for non-approval
of any Application for Payment within twenty(20)days after it is presented, or if City fails
either to pay Contractor within thirty (30) days after presentation by Consultant of any
sum certified by Consultant, or to notify Contractor and Consultant in writing of any
objection to the Application for Payment, then Contractor may, give written notice to City
and Consultant of such delay, neglect or default, specifying the same. If City or
Consultant (where applicable), within a period of ten (10) calendar days after such notice
shall not remedy the delay, neglect, or default upon which the notice is based, then
Contractor may stop work or terminate this Contract and recover from City payment for
all work executed and reasonable expenses sustained therein plus reasonable
termination expenses. Any objection made by City to an Application for Payment shall
be submitted to Consultant in accordance with the provisions of Article 12 hereof.
18. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to
become due to it hereunder, without the previous written consent of the Mayor and City
Commission.
19. Rights of Various Interests:
Whenever work being done by City's forces or by other contractors is contiguous to or
within the limits of work covered by this Contract, the respective rights of the various
CITY OF MIAMI BEACH
24
interests involved shall be established by the Contract Administrator to secure the
completion of the various portions of the work in general harmony.
20. Differing Site Conditions:
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project site which differ materially from those shown on the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or unknown
physical conditions of the Project site, of an unusual nature, which differ materially from
that ordinarily encountered and generally recognized as inherent in work of the character
called for in the Contract Documents, Contractor , without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four (24)
hours of .their discovery, notify City and Consultant in writing of the existence of the
aforesaid conditions. Consultant and City shall, within two (2) business days after
receipt of Contractor's written notice, investigate the site conditions identified by
Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and
cause an increase or decrease in Contractor's cost of, or the time required for, the
performance of any part of the Work, whether or not charged as a result of the
conditions, Consultant shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in
the Contract Price or Contract Time, the adjustment shall be referred to Consultant for
determination in accordance with the provisions of Article 12. Should Consultant
determine that the conditions of the Project site are not so materially different to justify a
change in the terms of the Contract, Consultant shall so notify City and Contractor in
writing, stating the reasons, and such determination shall be final and binding upon the
parties hereto.
No request by Contractor for an equitable adjustment to the Contract under this
provision shall be allowed unless Contractor has given written notice in strict accordance
with the provisions of this Article. No request for an equitable adjustment or change to
the Contract Price or Contract Time for differing site conditions shall be allowed if made
after the date certified by Consultant as the date of substantial completion.
21. Plans and Working Drawings:
City, through Consultant, shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings
or additional information as the Work proceeds, all of which shall be considered as part
of the Project Manual. In case of disagreement between the written and graphic portions
of the Project Manual, the written portion shall govern.
22. Contractor to Check Plans, Specifications and Data:
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Consultant, and shall notify Consultant of all
errors, omissions and discrepancies found therein within three (3) calendar days of
discovery. Contractor will not be allowed to take advantage of any error, omission or
discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be
liable for damages resulting from errors, omissions or discrepancies in the Contract
CITY OF MIAMI BEACH
25
Documents unless Contractor recognized such error, omission or discrepancy and
knowingly failed to report it to Consultant.
23. Contractor's Responsibility for Damages and Accidents:
23.1. Contractor shall accept full responsibility for the Work against all loss or damage
of whatsoever nature sustained until final acceptance by City, and shall promptly
repair any damage done from any cause whatsoever, except as provided in
Article 29.
23.2. Contractor shall be responsible for all materials, equipment and supplies
pertaining to the Project. In the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed prior to final acceptance by City,
Contractor shall replace same without cost to City, except as provided in Article
29.
24. Warranty:
Contractor warrants to City that all materials and equipment furnished under this
Contract 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 work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. If required by Consultant,
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. This warranty is not limited by the provisions of Article 25 herein.
25. Supplementary Drawings:
25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to
be done more fully, or to illustrate the Work further, or to show any changes
which may be required, supplementary drawings, with specifications pertaining
thereto, will be prepared by Consultant.
25.2. The supplementary drawings shall be binding upon Contractor with the same
force as the Project Manual. Where such supplementary drawings require either
less or more than the original quantities of work, appropriate adjustments shall be
made by Change Order.
26. Defective Work:
26.1. Consultant shall have the authority to reject or disapprove work which Consultant
finds to be defective. If required by Consultant, Contractor shall promptly either
correct all defective work or remove such defective work and replace it with non-
defective work. Contractor shall bear all direct, indirect and consequential costs
of such removal or corrections including cost of testing laboratories and
personnel.
26.2. Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of the Contract
Documents within the time indicated in writing by Consultant, City shall have the
authority to cause the defective work to be removed or corrected, or make such
CITY OF MIAMI BEACH
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repairs as may be necessary at Contractor's expense. Any expense incurred by
City in making such removals, corrections or repairs, shall be paid for out o f any
monies due or which may become due to Contractor , or may be charged magai all
the Performance Bond. In the event of failure are Contractor in default.
necessary repairs promptly and fully, City may ec
26.3. 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,
Contractor after receipt of written
notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained
herein shall be construed to establish a period of limitation with respect to any
other obligation which Contractor might have under the Contract Documents
including but not limited to, Article 23 hereof and any claim regarding latent
defects.
26.4. Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
27. T_
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
28. Subcontracts:
28.1. Contractor shall not employ any subcontractor against whom City or Consultant
may have a reasonable objection. Contractor shall not be required to employ
any subcontractor against whom Contractor has a reasonable objection.
28.2. Contractor shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed l t the
subcontractors and of persons for whose acts any of them may
same extent that Contractor is responsible for the acts and omissions of persons
directly employed by it. Nothing in the Contract Documents shall create any
contractual relationship between any subcontractor and City or any obligation dae any
the part of City to pay or to see the payment of any
subcontractor. City or Consultant may furnish to any subcontractor evidence of
amounts paid to Contractor on account of specific work performed.
28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of City.
[ ] 28.4. Contractor shall perform the Work with its own organization, amounting to not
less than XX% percent of the Contract Price.
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29. Separate Contracts:
29.1. City reserves the right to let other contracts in connection with this Project.
Contractor shall afford other persons reasonable opportunity for the introduction
and storage of their materials and the execution of their work and shall properly
connect and coordinate this Work with theirs.
29.2. If any part of Contractor's Work depends for proper execution or results upon the
work of any other persons, Contractor shall inspect and promptly report to
Consultant any defects in such work that render it unsuitable for such proper
execution and results. Contractor's failure to so inspect and report shall
constitute an acceptance of the other person's work as fit and proper for the
reception of Contractor's Work, except as to defects which may develop in other
contractor's work after the execution of Contractor's.
29.3. Contractor shall conduct its operations and take all reasonable steps to
coordinate the prosecution of the Work so as to create no interference or impact
on any other contractor on the site. Should such interference or impact occur,
Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
29.4. To insure the proper execution of subsequent work, Contractor shall inspect the
work already in place and shall at once report to Consultant any discrepancy
between the executed work and the requirements of the Contract Documents.
30. Use of Completed Portions:
30.1. City shall have the right at its sole option to take possession of and use any
completed or partially completed portions of the Project. Such possession and
use shall not be deemed an acceptance of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases
the cost of or delays the Work, Contractor shall be entitled to reasonable extra
compensation or reasonable extension of time or both, as recommended by
Consultant and approved by City.
30.2. In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
30.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area.
30.2.2. Contractor shall complete to the point of Substantial Completion the
designated area and request inspection and issuance of a
Certificate of Substantial Completion in the form attached hereto as
00925 from Consultant.
30.2.3. Upon Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance,
utilities, subsequent damages of City and public, adjustment of
insurance coverage's and start of warranty for the occupied area.
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30.2.4. Contractor shall complete all items noted on the Certificate of
Substantial Completion within the time specified by Consultant on
the Certificate of Substantial Completion, as soon as possible and
request final inspection and final acceptance of the portion of the
Work occupied. Upon completion of final inspection and receipt of
an application for final payment, Consultant shall issue a Final
Certificate of Payment relative to the occupied area.
30.2.5. If City finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion thereof, such occupancy or use
shall not commence prior to a time mutually agreed upon by City and
Contractor and to which the insurance company or companies
providing the property insurance have consented by endorsement to
the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of
such partial occupancy or use. Consent of Contractor and of the
insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
31. Lands for Work:
31.1_. City shall provide, as may be indicated in the Contract Documents, the lands
upon which the Work is to be performed, rights-of-way and easements for access
thereto and such other lands as are designated by City or the use of Contractor.
31.2. Contractor shall provide, at Contractor's own expense and without liability to City,
any additional land and access thereto that may be required for temporary
construction facilities, or for storage of materials. Contractor shall furnish to City
copies of written permission obtained by Contractor from the owners of such
facilities.
32. Legal Restrictions and Traffic Provisions:
Contractor shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and Contractor's general operations.
Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere
in any way with traffic on railway, highways, or water, without the prior written consent of
the proper authorities.
33. Location and Damage to Existing Facilities, Equipment or Utilities:
33.1. As far as possible, all existing utility lines in the Project area have been shown on
the plans. However, City does not guarantee that all lines are shown, or that the
ones indicated are in their true location. It shall be the Contractor EIS
responsibility to identify and locate all underground and overhead utility lines or
equipment affecting-or affected by the Project. No additional payment will be
made to the Contractor because of discrepancies in actual and plan location of
utilities, and damages suffered as a result thereof.
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33.2. The Contractor shall notify each utility company involved at least ten (10) days
prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or
endangered by the proposed construction. Relocation of water mains or other
utilities for the convenience of the Contractor shall be paid by the Contractor. All
charges by utility companies for temporary support of its utilities shall be paid for
by the Contractor. All costs of permanent utility relocation to avoid conflict shall
be the responsibility of the utility company involved. No additional payment will
be made to the Contractor for utility relocations, whether or not said relocation is
necessary to avoid conflict with other lines.
33.3. The Contractor shall schedule the work in such a manner that the work is not
delayed by the utility providers relocating or supporting their utilities. The
Contractor shall coordinate its activities with any and all public and private utility
providers occupying the right-of-way. No compensation will be paid to the
Contractor for any loss of time or delay.
33.4. All overhead, surface or underground structures and utilities encountered are to
be carefully protected from injury or displacement. All damage to such structures
is to be completely repaired within a reasonable time; needless delay will not be
tolerated. The City reserves the right to remedy such damage by ordering
outside parties to make such repairs at the expense of the Contractor. All such
repairs made by the Contractor are to be made to the satisfaction of the utility
owner. All damaged utilities must be replaced or fully repaired. All repairs are to
be inspected by the utility owner prior to backfilling.
34. Value Engineering:
Contractor may request substitution of materials, articles, pieces of equipment or any
changes that reduce the Contract Price by making such request to Consultant in writing.
Consultant will be the sole judge of acceptability, and no substitute will be ordered,
installed, used or initiated without Consultant's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. However, any
substitution accepted by Consultant shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, Contractor agrees to pay directly
to Consultant all Consultant's fees and charges related to Consultant's review of the
request for substitution, whether or not the request for substitution is accepted by
Consultant. Any substitution submitted by Contractor must meet the form, fit, function
and life cycle criteria of the item proposed to be replaced and there must be a net dollar
savings including Consultant review fees and charges. If a substitution is approved, the
net dollar savings shall be shared equally between Contractor and City and shall be
processed as a deductive Change Order. City may require Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to
any substitute approved after award of the Contract.
35. Continuing the Work:
Contractor shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with City, including disputes or disagreements concerning a
request for a Change Order, a request for a change in the Contract Price or Contract
CITY OF MIAMI BEACH
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Time. The Work shall not be delayed or postponed pending resolution of any disputes
or disagreements.
36. Changes in the Work or Terms of Contract Documents:
36.1. Without invalidating the Contract 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 accomplished by means of appropriate Field
Orders and Supplemental Instructions or Change Orders.
36.2. Any changes to the terms 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
section shall not prohibit the issuance of Change Orders executed only by City as
hereinafter provided.
37. Field Orders and Supplemental Instructions:
37.1. The Contract Administrator, through Consultant, shall have the right to approve
and issue Field Orders setting forth written interpretations of the intent of the
Contract Documents and ordering minor changes in Work execution, providing
the Field Order involves no change in the Contract Price or the Contract Time.
37.2. Consultant shall have the right to approve and issue Supplemental Instructions
setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Price or the Contract Time.
38. Change Orders:
38.1. Changes in the quantity or character of the Work within the scope of the Project
which are not properly the subject of Field Orders or Supplemental Instructions,
including all changes resulting in changes in the Contract Price, or the Contract
Time, shall be authorized only by Change Orders approved in advance and
issued in accordance with the provisions of the City.
38.2. All changes to construction contracts which exceed the Commission-approved
contingency 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
with a value of $25,000 or more shall be approved in advance by the Mayor and
City Commission. All Change Orders with a value of less than $25,000 shall be
approved in advance by the City Manager or his designee.
38.3. In the event satisfactory adjustment cannot be reached for any item requiring a
change in the Contract Price or Contract Time, and a Change Order has not
been issued, City reserves the right at its sole option to either terminate the
Contract as it applies to the items in question and make such arrangements as
may be deemed necessary to complete the disputed work; or submit the matter
CITY OF MIAMI BEACH
31
in dispute to Consultant as set forth in Article 12 hereof. During the pendency of
the dispute, and upon receipt of a Change Order approved by City, Contractor
shall promptly proceed with the change in the Work involved and advise the
Consultant and Contract Administrator in writing within seven (7) calendar days
of Contractor's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price
or Contract Time.
38.4. On approval of any Contract change increasing the Contract Price, Contractor
shall ensure that the performance bond and payment bond are increased so that
each reflects the total Contract Price as increased.
38.5. Under circumstances determined necessary by City, Change Orders may be
issued unilaterally by City.
39. Value of Change Order Work:
39.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the
following ways:
39.1.1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of
items involved, subject to the provisions of Section 38.7.
39.1.2. By mutual acceptance of a lump sum which Contractor and City
acknowledge contains a component for overhead and profit.
39.1.3. On the basis of the "cost of work," determined as provided in Sections
38.2 and 38.3, plus a Contractor's fee for overhead and profit which is
determined as provided in Section 38.4.
39.2. The term "cost of work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by City, such
costs shall be in amounts no higher than those prevailing in the locality of the
Project, shall include only the following items and shall not include any of the
costs itemized in Section 38.3.
39.2.1. Payroll costs for employees in the direct employ of Contractor in the
performance of the work described in the Change Order under
schedules of job classifications agreed upon by City and Contractor.
Payroll costs for employees not employed full time on the work
covered by the Change Order shall be apportioned on the basis of
their time spent on the work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of fringe benefits which
shall include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday pay
application thereto. Such employees shall include superintendents
and foremen at the site. The expenses of performing the work after
CITY OF MIAMI BEACH
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regular working hours, on Sunday or legal holidays, shall be included
in the above to the extent authorized by City.
39.2.2. Cost of all materials and equipment furnished and incorporated in the
work, including costs of transportation and storage thereof, and
manufacturers' field services required in connection therewith. All
cash discounts shall accrue to Contractor unless City deposits funds
with Contractor with which to make payments, in which case the cash
discounts shall accrue to City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment
shall accrue to City and Contractor shall make provisions so that they
may be obtained. Rentals of all construction equipment and
machinery and the parts thereof whether rented from Contractor or
others in.accordance with rental agreements approved by City with
the advice of Consultant and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any
such equipment, machinery or parts shall cease when the use thereof
is no longer necessary for the work.
39.2.3. Payments made by Contractor to Subcontractors for work performed
by Subcontractors. If required by City, Contractor shall obtain
competitive bids from Subcontractors acceptable to Contractor and
shall deliver such bids to City who will then determine, with the advice
of Consultant, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost of
the work plus a fee, the Subcontractor's cost of the work shall be
determined in the same manner as Contractor'S cost of the work. All
Subcontractors shall be subject to the other provisions of the Contract
Documents insofar as applicable.
39.2.4. Cost of special consultants, including, but not limited to, engineers,
architects, testing laboratories, and surveyors employed for services
specifically related to the performance of the work described in the
Change Order.
39.2.5. Supplemental costs including the following:
39.2.5.1. The proportion of necessary transportation, travel and
subsistence expenses of Contractor's employees incurred
in discharge of duties connected with the work except for
local travel to and from the site of the work.
39.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances,
office and temporary facilities at the site and hand tools
not owned by the workmen, which are consumed in the
performance of the work, and cost less market value of
such items used but not consumed which remains the
property of Contractor.
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39.2.5.3. Sales, use, or similar taxes related to the work, and for
which Contractor is liable, imposed by any governmental
authority.
39.2.5.4. Deposits lost for causes other than Contractor's
negligence; royalty payments and fees for permits and
licenses.
39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site.
39.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the work.
39.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
39.3. The term "cost of the work" shall not include any of the following:
39.3.1. Payroll costs and other compensation of Contractor's officers,
executives, principals (of partnership and sole proprietorships),
general managers, engineers, architects, estimators, lawyers,
auditors, accountants, purchasing and contracting agents, expediters,
timekeepers, clerks and other personnel employed by Contractor
whether at the site or in its principal or a branch office for general
administration of the work and not specifically included in the agreed-
upon schedule of job classifications referred to in Section 38.2.1., all
of which are to be considered administrative costs covered by
Contractor's fee.
39.3.2. Expenses of Contractor's principal and branch offices other than
Contractor's office at the site.
39.3.3. Any part of Contractor's capital expenses, including interest on
Contractor's capital employed for the work and charges against
Contractor for delinquent payments.
39.3.4. Cost of premiums for all Bonds and for all insurance whether or not
Contractor is required by the Contract Documents to purchase and
maintain the same, except for additional bonds and insurance
required because of changes in the work.
39.3.5. Costs due to the negligence or neglect of Contractor, any
Subcontractors, or anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable, including but not
limited to, the correction of defective work, disposal of materials or
equipment wrongly supplied and making good any damage to
property.
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39.3.6. Other overhead or general expense costs of any kind and the cost of
any item not specifically and expressly included in Section 38.2.
39.4. Contractor's fee allowed to Contractor for overhead and profit shall be
determined as follows:
39.4.1.A mutually acceptable fixed fee or if none can be agreed upon,
39.4.2.A fee based on the following percentages of the various portions of the
cost of the work:
39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2,
Contractor's fee shall not exceed ten percent(10%).
39.4.2.2. For costs incurred under Section 38.2.3, Contractor's
fee shall not exceed seven and one half percent
(7.5%); and if a subcontract is on the basis of cost of
the work plus a fee, the maximum allowable to the
Subcontractor as a fee for overhead and profit shall not
exceed ten percent(10%); and
39.4.2.3. No fee shall be payable on the basis of costs itemized
under Sections 38.2.4 and 38.2.5, (except Section
38.2.5.3), and Section 38.3.
39.5. The amount of credit to be allowed by Contractor to City for any such change
which results in a net decrease in cost, will be the amount of the actual net
decrease. When both additions and credits are involved in any one change, the
combined overhead and profit shall be figured on the basis of the net increase, if
any, however, Contractor shall not be entitled to claim lost profits for any Work
not performed.
39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2
and 38.3, Contractor will submit in a form acceptable to Consultant an itemized
cost breakdown together with the supporting data.
39.7. Where the quantity of any item of the Work that is covered by a unit price is
increased or decreased by more than twenty percent (20%) from the quantity of
such work indicated in the Contract Documents, an appropriate Change Order
shall be issued to adjust the unit price, if warranted.
39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump
sum, whether the amount is an addition, credit or no change-in-cost, Contractor
shall submit an initial cost estimate acceptable to Consultant and Contract
Administrator.
39.8.1. Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
39.8.2. Whenever a. change involves Contractor and one or more
Subcontractors and the change is an increase in the Contract Price,
CITY OF MIAMI BEACH
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overhead and profit percentage for Contractor and each
Subcontractor shall be itemized separately.
39.9. Each Change Order must state within the body of the Change Order whether it is
based upon unit price, negotiated lump sum, or"cost of the work.'
40. Notification and Claim for Change of Contract Time or Contract Price:
40.1. Any claim for a change in the Contract Time or Contract Price shall be made by
written notice by Contractor to the Contract Administrator and to Consultant
within five (5) 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 Consultant allows an additional period of
time to ascertain more accurate data in support of the claim and such notice shall
be accompanied by Contractor's written notarized statement that the adjustment
claimed is the entire adjustment to which the Contractor has reason to believe it
is entitled as a result of the occurrence of said event. All claims for changes in
the Contract Time or Contract Price shall be determined by Consultant in
accordance with Article 12 hereof, if City and Contractor cannot otherwise agree.
IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL
CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE
SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
40.2. The Contract Time will be extended in an amount equal to time lost on critical
Work items due to delays beyond the control of and through no fault or
negligence of Contractor if a claim is made therefore as provided in Section 39.1.
Such delays shall include, but not be limited to, acts or neglect by any separate
contractor employed by City, fires, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God.
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor
shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City or its
Consultant. Otherwise, Contractor 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.
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42. Excusable Delay; Compensable; Non-Compensable:
42.1 Excusable Delay. Delay which extends the completion of the Work and which is
caused by circumstances beyond the control of Contractor or its subcontractors,
suppliers or vendors is Excusable Delay.
Contractor is entitled to a time extension of the Contract Time for each day the
Work is delayed due to Excusable Delay. Contractor shall document its claim for
any time extension as provided in Article 39 hereof.
Failure of Contractor to comply with Article 39 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.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable when (i)
the delay extends the Contract Time, (ii) is caused by circumstances
beyond the control of the Contractor or its subcontractors, suppliers or
vendors, and (iii) is caused solely by fraud, bad faith or active interference
on the part. of City or its agents. In no event shall Contractor be
compensated for interim delays which do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by Contractor shall be limited to the
actual additional costs allowed pursuant to Article 38 hereof.
City and Contractor recognize and agree that the amount of Contractor's precise
actual indirect costs for delay in the performance and completion of the Work is
impossible to determine as of the date of execution of the Contract Documents,
and that proof of the precise amount will be difficult. Therefore, indirect costs
recoverable by the Contractor shall be liquidated on a daily basis for each day
the Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate Contractor for all indirect
costs caused by a Compensable Excusable Delay and shall include, but not be
limited to, all profit on indirect costs, home office overhead, acceleration, loss of
earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all
other indirect costs incurred by Contractor. The amount of liquidated indirect
costs recoverable shall be one thousand four hundred dollars ($1,400) per
day for each calendar day the Contract is delayed due to a Compensable
Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused
by circumstances beyond the control of Contractor, its subcontractors,
suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by
Contractor or its subcontractors, suppliers or vendors and by the City or
Consultant, then Contractor shall be entitled only to a time extension and
no further compensation for the delay.
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43. Substantial Completion:
When Contractor considers that the Work, or a portion thereof designated by City
pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so
notify City and Consultant in writing. Consultant and City shall then promptly inspect the
Work. When Consultant, on the basis of such an inspection, determines that the Work
or designated portion thereof is substantially complete, it will then prepare a Certificate
of Substantial Completion in the form attached hereto as Form 00925 which shall
establish the Date of Substantial Completion; shall state the responsibilities of City and
Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance;
and shall list all Work yet to be completed to satisfy the requirements of the Contract
Documents for Final Completion. The failure to include any items of corrective work on
such list does not alter the responsibility of Contractor to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall. commence on the date of Substantial Completion of the Work or
designated portion thereof unless otherwise provided in the Certificate of Substantial
Completion. The Certificate of Substantial Completion shall be submitted to City through
the Contract Administrator and Contractor for their written acceptance of the
responsibilities assigned to them in such Certificate.
44. No Interest:
Any monies not paid by City when claimed to be due to Contractor under this
Agreement, including, but not limited to, any and all claims for contract damages of any
type, shall not be subject to interest including, but not limited to prejudgment interest.
However, the provisions of City's prompt payment ordinance, as such relates to
timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989)
as such relates to the payment of interest, shall apply to valid and proper invoices.
45. Shop Drawings:
45.1. Contractor shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the suitability,
efficiency, technique of manufacture, installation requirements, details of the
item, and evidence of its compliance or noncompliance with the Contract
Documents.
45.2. Within thirty (30) calendar days after the Project Initiation Date specified in the
Notice to Proceed, Contractor shall submit to Consultant a complete list of
preliminary data on items for which Shop Drawings are to be submitted and
shall identify the critical items. Approval of this list by Consultant shall in no way
relieve Contractor from submitting complete Shop Drawings and providing
materials, equipment, etc., fully in accordance with the Contract Documents.
This procedure is required in order to expedite final approval of Shop Drawings.
45.3. After the approval of the list of items required in Section 44.2 above, Contractor
shall promptly request Shop Drawings from the various manufacturers,
CITY OF MIAMI BEACH
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fabricators, and suppliers. Contractor shall include all shop drawings and other
submittals in its certification.
45.4. Contractor shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
45.5. If the Shop Drawings show or indicate departures from the Contract
requirements, Contractor shall make specific mention thereof in its letter of
transmittal. Failure to point out such departures shall not relieve Contractor
from its responsibility to comply with the Contract Documents.
45.6. Consultant shall review and approve Shop Drawings within fourteen (14)
calendar days from the date received, unless said Drawings are rejected by
Consultant for material reasons. Consultant's approval of Shop Drawings will be
general and shall not relieve Contractor of responsibility for the accuracy of
such Drawings, nor for the proper fitting and construction of the work, nor for the
furnishing of materials or work required by the Contract Documents and not
indicated on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by Consultant. Approval
shall not relieve Contractor from responsibility for errors or omissions of any sort
on the Shop Drawings.
45.7. No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate
the design. It is Contractor's responsibility to assemble the Shop Drawings for
all such interconnecting and/or interdependent items, check them and then
make one submittal to Consultant along with its comments as to compliance,
noncompliance, or features requiring special attention.
45.8. 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.
45.9. Contractor shall submit the number of copies required by Consultant.
Resubmissions of Shop Drawings shall be made in the same quantity until final
approval is obtained.
45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's
approval at the job site at all times.
46. Field Layout of the Work and Record Drawings:
46.1. The entire responsibility for establishing and maintaining line and grade in the
field lies with Contractor. Contractor shall maintain an accurate and precise
record of the location and elevation of all pipe lines, conduits, structures,
maintenance access structures, handholes, fittings and the like and shall
prepare record or "as-built" drawings of the same which are sealed by a
Professional Surveyor. Contractor shall deliver these records in good order to
Consultant as the Work is completed. The cost of all such field layout and
recording work is included in the prices for the appropriate items. All record
CITY OF MIAMI BEACH
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drawings shall be ma de on reproducible paper and shall be delivered to
Consultant prior to, and as a condition of, final payment.
46.2. Contractor shall maintain in a safe place at the Project site one record copy of
all Drawings, Plans, Specifications, Addenda, written amendments, Change
Orders, Field Orders and written interpretations and clarifications in good order
and annotated to show all changes made during construction. These record
documents together with all approved samples and a counterpart of all approved
Shop Drawings shall be available at all times to Consultant for reference. Upon
Final Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the Contract
Administrator.
46.3. Prior to,. and as a condition precedent to Final Payment, Contractor shall
submit to City, Contractor's record drawings or as-built drawings acceptable to
Consultant.
47. Safety and Protection:
47.1. Contractor shall be solely responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Project. Contractor
shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
47.1.1. All employees on the work site and other persons who may be
affected thereby;
47.1.2. All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
47.1.3. Other property at the Project site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities
not designated for removal, relocation or replacement in the course of
construction.
47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations
and orders of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the
work may affect them. All damage, injury or loss to any property referred to in
Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in
part, by Contractor , any Subcontractor or anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, shall be
remedied by Contractor . Contractor's duties and responsibilities for the safety
and protection of the work shall continue until such time as all the Work is
completed and Consultant has issued a notice to City and Contractor that the
Work is acceptable except as otherwise provided in Article 29 hereof.
47.3. Contractor shall designate a responsible member of its organization at the Work
site whose duty shall be the prevention of accidents. This person shall be
CITY OF MIAMI BEACH
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Contractor's superintendent unless otherwise designated in writing by
Contractor to City.
[X] 48.Final Bill of Materials:
Contractor shall be required to submit to City and Consultant a final bill of materials with
unit costs for each item for supply of materials in place. This shall be an itemized list of
all materials with a unit cost for each material and the total shall agree with unit costs
established for each Contract item. A Final Certificate for Payment cannot be issued by
Consultant until Contractor submits the final bill of materials and Consultant verifies the
accuracy of the units of Work.
49. Payment by City for Tests:
Except when otherwise specified in the Contract Documents, the expense of all tests
requested by Consultant shall be borne by City and performed by a testing firm chosen
by Consultant. For road construction projects the procedure for making tests required by
Consultant will be in conformance with the most recent edition of the State of Florida,
Department of Transportation Standard Specifications for Road and Bridge Construction.
The cost of any required test which Contractor fails shall be paid for by Contractor.
50. Project Sign:
Any requirements for a project sign shall be paid by the Contractor as specified by City
Guidelines'.
51. Hurricane Precautions:
51.1. During such periods of time as are designated by the United States Weather
Bureau as being a hurricane warning or alert, the Contractor, at no cost to the
City, shall take all precautions necessary to secure the Project site in response
to all threatened storm events, regardless of whether the City or Consultant has
given notice of same.
51.2. Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
51.3. Additional work relating to hurricane warning or alert at the Project site will be
addressed by ' a Change Order in accordance with Section 37, General
Conditions.
51.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the
Contractor to additional Contract Time as non-com pensable, excusable delay,
and shall not give rise to a claim for compensable delay.
52. Cleaning UP; City's Right to Clean Up:
Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its operations. At the completion of the Project,
Contractor shall remove all its waste materials and rubbish from and about the Project
CITY OF MIAMI BEACH
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as well as its tools, construction equipment, machinery and surplus materials. If
Contractor fails to clean up during the prosecution of the Work or at the completion of
the Work, City may do so and the cost thereof shall be charged to Contractor. If a
dispute arises between Contractor and separate contractors as to their responsibility for
cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as Consultant shall determine to be just.
53. Removal of Equipment:
In case of termination of this Contract before completion for any cause whatever,
Contractor, if notified to do so by City, shall promptly remove any part or all of
Contractor's equipment and supplies from the property of City, failing which City shall
have the right to remove such equipment and supplies at the expense of Contractor.
54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
Contractor shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons.
Contractor's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation,
or any other factor which cannot be lawfully used as a basis for service delivery.
Contractor shall not engage in or commit any discriminatory practice in violation of City
of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this
Agreement.
55. Project Records:
City shall have the right to inspect and copy, at City's expense, the books and records
and accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial
and accounting records of Contractor which relate to the Project and to any claim for
additional compensation made by Contractor. Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which
relate to the Project and to any claim for a period of three (3) years following Final
Completion of the Project. During the Project and the three (3) year period following
Final Completion of the Project, Contractor shall provide City access to its books and
records upon seventy-two (72) hours written notice.
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FORM CERTIFICATE OF INSURANCE
A certificate of insurance form will be attached here.
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FORM OF PERFORMANCE BOND
BY THIS BOND, We as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as work progresses (even
though there should be a default or a succession of defaults under the Contract
CITY OF MIAMI BEACH
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FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
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FORM OF PAYMENT BOND
BY THIS BOND, We as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns,jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1)and (2.2) have been given.
CITY OF MIAMI BEACH
46
I
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
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CERTIFICATE AS TO CORPORATE PRINCIPAL
certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that , who signed the
Bond(s) on behalf of the Principal, was then of said corporation; that I know
his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were)
duly signed, sealed and attested to on behalf of said corporation by authority of its governing
body.
(SEAL)
Secretary(on behalf of)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being by me
first duly sworn upon oath says that he/she has been authorized to execute the foregoing
Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of
Contractor named therein in favor of City.
Subscribed and Sworn to before me this day of ,
20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
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PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention Center Drive in United States Funds
Miami Beach, Florida 33139
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing
is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and between the City of Miami Beach,
Florida and (contractor), pursuant to the
(applicant, customer) Bid/Contract No. for (name of project)
and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name)dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami Beach with written notice of our intent to terminate the credit herein
extended, which notice must be provided at least thirty (30) days prior to the expiration date of
the original term hereof or any renewed one (1) year term. Notification to the City that this
Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a
default.
CITY OF MIAMI BEACH
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1
r
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall
not in any way be modified, or amplified by reference to any documents, instrument, or
agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion
of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
Authorized Signature
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