2016-29378 Reso RESOLUTION NO. 2016-29378
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, TO AWARD, PURSUANT TO RFP NO. 2016-062-KB, THE
DESIGN-BUILD CONTRACT FOR THE WEST AVENUE BRIDGE OVER
COLLINS CANAL TO BERGERON LAND DEVELOPMENT INC.
(BERGERON), IN THE NOT TO EXCEED AMOUNT OF $9,930,000; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
DESIGN BUILD AGREEMENT WITH BERGERON, WHICH AGREEMENT
SHALL BE IN SUBSTANTIAL FORM TO THE CONTRACT ATTACHED
HERETO AS EXHIBIT 1.
WHEREAS, on December 16, 2015, the City Commission directed the Administration to
prepare and issue an RFP seeking proposals for design build services for the West Avenue
Bridge over the Collins Canal with an option to include a pedestrian bridge at Lincoln Court over
Collins Canal; and
WHEREAS, on December 29, 2015, the City Administration issued Request for
Proposals No. 2016-062-KB (the "RFP"), with a proposal opening date of March 1, 2016; and
WHEREAS, a voluntary pre-proposal meeting was held on January 7, 2016; and
WHEREAS, the City received one (1) proposal in response to the RFP, from Bergeron
Land Development, Inc. ("Bergeron"); and
WHEREAS, on January 25, 2016, the City Manager, via Letter to Commission (LTC) No.
035-2016, appointed an Evaluation Committee (the "Committee") to review the sole proposal,
and the Committee convened on March 2, 1016; and
WHEREAS, on March 9, 2016, the City Commission authorized the City Administration
to negotiate with Bergeron in order to get its price proposals closer to the City's estimates; and
WHEREAS, City staff met with Bergeron in different occasions during the months of
March and April 2016; and
WHEREAS, Bergeron and the City Administration have negotiated a modified,
negotiated price proposal, in the amount of $9,930,000, for all three components, including
contingencies: (1) the West Avenue Bridge work, estimated at $6,806,400; (2) Dade Boulevard
harmonization estimated at $1,729,000; and (3) Lincoln Court Pedestrian Bridge work,
estimated at $864,000; with a contingency of $430,000, and a $100,000 proposed permitting
allowance; and
WHEREAS, the original completion date for raising the travel lanes on Dade Boulevard
and completing the West Avenue Bridge and the Lincoln Court Pedestrian Bridge remain as
stated in the RFP; and
WHEREAS,. the City Administration believes that the modified, negotiated, price
proposal is fair and more in line with current construction costs in Miami Beach; and
WHEREAS, the City Administration requests that the City Commission accept the
recommendation of the City Manager -to award a contract to Bergeron, pursuant to RFP No.
2016-062-KB, in the amount of $9,930,000, and further authorize the Mayor and City Clerk to
execute the Design Build Agreement with Bergeron.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager to award, pursuant to RFP
No. 2016-062-KB, the Design Build Contract for the West Avenue Bridge over Collins Canal, to
Bergeron Land Development, Inc. (Bergeron), in the not to exceed amount of $9,930,000; and
further authorize the Mayor and City Clerk to execute the Design Build Agreement with
Bergeron, which agreement shall be in substantial form to the contract attached hereto as
Exhibit 1.
PASSED AND ADOPTED this 6" day of April 2016.
1
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INCORP ORATED)
c Phi:p - `in-, Mayor
ATTEST: �1 ... °�� ��
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APPROVED AS TO
3 i ' - FORM &LANGUAGE
afael E. Granado, City Clerk &FOR EXECUTION
c„,,AttomeY. Dote
T:\AGENDA\2016\ApriI17\Public Works\\RFP-2016-062-KB-West Avenue Bridge-Award Resolution.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager, To Award, Pursuant To RFP No. 2016-062-KB, The Design Build
Contract For The West Avenue Bridge Over Collins Canal To Bergeron Land Development Inc.(Bergeron),
In The Not To Exceed Amount Of $9,930,000; And Further Authorizing The Mayor And City Clerk To
Execute A Design Build Agreement With Bergeron.
Key Intended Outcome Supported:
Build and Maintain Priority Infrastructure with Full Accountability
Supporting Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation:
In efforts to improve traffic, safety, transit, bicycle, pedestrian mobility and general safety in the area, the
Public Works Department is in the process of expediting the construction of the West Avenue Bridge Project
while the Sunset Harbour Project is currently on-going, by processing a design build agreement. Public
Works had prepared a Design Criteria Package (DCP) as stipulated by the Florida Statutes, to define the
design and construction requirements for development of construction documents by Design Build Firms and
for submission of their price proposals.
On December 16, 2015, the City Commission directed the Administration to prepare and issue a Request
For Proposals(RFP)for design build services for the West Avenue Bridge over the Collins Canal,with an
option to include a pedestrian bridge at Lincoln Court over Collins Canal. The RFP was released on.
December 29, 2015 and City Commission was notified via LTC No. 491-2015 on December 31, 2015.
The scope of work also included street lighting, pedestrian lighting,signage and pavement markings,a new
vehicular and pedestrian signal on Dade Boulevard and West Avenue, utility relocation and/or adjustments,
and drainage.
On March 9,2016,the City Commission authorized the Administration to negotiate with the sole respondent
and provide price proposals closer to the City's estimates. City staff recommended the following: (1) to
modify the PD&E design criteria so that the design would be more in line with the existing conditions; (2)
increase the length of the West Avenue Bridge to address the FPL transmission line concerns; and (3)
removal of the scope of work related to the reconstruction of the seawall along Dade Boulevard, between the
Venetian Causeway Bridge and the 17th Street Bridge. The original completion date for raising the travel
lanes on Dade Boulevard (75 calendar days and 270 calendar days for total project, including Bridges
following the issuance of a notice to proceed as specified in the Design Criteria Package for the project)was
maintained after discussions with the City Attorney's office determined that this represented a material
change to the original solicitation.
CITY MANAGER'S RECOMMENDATION
The City Administration requests that the City Commission accept the recommendation of the City Manager
to award Bergeron Land Development, pursuant to RFP No.2016-062-KB,the Design Build Contract for the
West Avenue Bridge and Pedestrian Bridge over Collins Canal in the amount of$9,930,000; and further
authorize the Mayor and City Clerk to execute the Design Build Agreement with Bergeron.
THE ADMINISTRATION RECOMMENDS APPROVING T HE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount : Account
Funds: 1 $3,011,000 The cost of the related services is subject to funds availability approved
through pending Miami-Dade County Joint Partnership Agreement
611 1W1 2 $1,443,266 Pending Capital Budget Amendment May 2016
2 $4,430 187-2950-069357
4 $1,104 303-2950-069357
5 $3,379 384-2950-061357
AGENDA ITEM e-7
MIAMIl. E :C H DATE — 7-
6 $52,197 384-2950-069357
7 $12,127 384-2950-069358
8 $59 158-2575-000670
9 $16,864 158-2575-061357
10 $800,000 158-2575-069357
11 $204,315 187-2575-000356
12 $133,846 187-2575-069351
13 $339,839 187-2575-069357
14 $555,318 303-2575-061357
15 $230,000 187-2740-069357
16 $24,707 187-2670-061357
17 $425,669 187-2670-069357
18 $334,000 305-2780-069357
19 $137,880 011-9407-000342
20 $2,200,000 304-2336-069357
OBPI Total $9,930,000
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Alex Denis—Procurement Director, Bruce Mowry, P.E.—City Engineer
Sign-Offs:
Department Director Assistant City Manager City nager
JJ F ETC JLM
T:\AGENDA\2016\April\Public Works April 27\RFP-2016-062-KB-West Avenue Bridge-Award Summary-RE IS D.doc
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSIO' MEMORANDUM
TO: Mayor Philip Levine and Members the City Co ission
FROM: Jimmy L. Morales, City Manager
DATE: April 27, 2016
SUBJECT: A RESOLUTION OF THE MAY•. - AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCE..'TING THE RECOMMENDATION OF THE CITY
MANAGER, TO AWARD, PURSUANT TO RFP NO. 2016-062-KB, THE DESIGN
BUILD CONTRACT FOR THE WEST AVENUE BRIDGE OVER COLLINS CANAL
TO BERGERON LAND DEVELOPMENT INC. (BERGERON), IN THE NOT TO
EXCEED AMOUNT OF $9,930,000; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH
BERGERON.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
$3,011,000 The cost of the related services is subject to funds availability
approved through the Miami-Dade County Joint Partnership
Agreement
$1,443,266 Pending Capital Budget Amendment May 2016
$4,430 187-2950-069357
$1,104 303-2950-069357
$3,379 384-2950-061357
$52,197 384-2950-069357
$12,127 384-2950-069358
$59 158-2575-000670
$16,864 158-2575-061357
$800,000 158-2575-069357
$204,315 187-2575-000356
$133,846 187-2575-069351
$339,839 187-2575-069357
$555,318 303-2575-061357
$230,000 187-2740-069357
$24,707 187-2670-061357
REQUEST FOR PROPOSALS(RFP)No. 2016-062-KB,DESIGN BUILD SERVICES FOR THE WEST AVENUE BRIDGE OVER
COLLINS CANAL
April 27, 2016
Page 2
$425,669 187-2670-069357
$334,000 305-2780-069357
$137,880 011-9407-000342
$2,200,000 304-2336-069357
$9,930,000 Total
BACKGROUND
In efforts to improve traffic, safety, transit, bicycle, pedestrian mobility and general safety in the
area, the Public Works Department is in the process of expediting the construction of the West
Avenue Bridge Project while the Sunset Harbour Project is currently on-going, by processing a
design build agreement. Public Works had prepared a Design Criteria Package (DCP) as
stipulated by the Florida Statutes, to define the design and construction requirements for
development of construction documents by Design Build Firms and for submission of their price
proposals.
On December 16, 2015, the City Commission directed the Administration to prepare and issue a
Request For Proposals (RFP) for design build services for the West Avenue Bridge over the
Collins Canal, with an option to include a pedestrian bridge at Lincoln Court over Collins Canal.
The RFP was released on December 29, 2015 and City Commission was notified via LTC No.
491-2015 on December 31, 2015.
The scope of work also included street lighting, pedestrian lighting, signage and pavement
markings, a new vehicular and pedestrian signal on Dade Boulevard and West Avenue, utility
relocation and/or adjustments, and drainage.
RFP PROCESS
The RFP was issued on December 29, 2015 and on March 1, 2016, the City received a single
proposal, by Bergeron Land Development ("Bergeron") in a total amount of $15,645,372.60
(inclusive of 10% owner's contingency) for three (3) components: West Avenue Bridge
$9,434,700.00; Dade Boulevard Harmonization $4,880,134.60; and Lincoln Court Pedestrian
Bridge $1,330,538.
On March 9, 2016, the City Commission authorized the Administration to negotiate with
Bergeron and provide price proposals closer to the City's estimates. City staff met with Bergeron
on multiple occasions in recorded negotiating sessions, during the course of these sessions,
Bergeron presented several iterations of the proposed design. They also described in detail the
challenges and constraints from this project including: the existing substandard geometry of the
17th Street Bridge over Collins Canal at the Dade Boulevard approach, the existing profile
constraints along Dade Boulevard near Bay Road, the presence of two (2) existing underground
FPL high voltage transmission lines located near the support on the north side of the bridge,
and impacts to the existing Collins Canal seawalls. Bergeron recommended to increase the
length of the West Avenue Bridge by 10 feet from the length specified in the Design Criteria
Package due to the need for clearance for the high voltage transmission lines.
City staff recommended the following to value engineer the project while still maintaining the
original intent: (1) to modify the PD&E design criteria so that the design would be more in line
REQUEST FOR PROPOSALS(RFP)No. 2016-062-KB, DESIGN BUILD SERVICES FOR THE WEST AVENUE BRIDGE OVER
COLLINS CANAL
April 27, 2016
Page 3
with the existing conditions described above; (2) increase the length of the West Avenue Bridge
to address the FPL transmission line concerns; and (3) removal of the scope of work related to
the reconstruction of the seawall along Dade Boulevard, between the Venetian Causeway
Bridge and the 17th Street Bridge. The original completion date for raising the travel lanes on
Dade Boulevard (75 calendar days and 270 calendar days for total project, including Bridges
following the issuance of a notice to proceed as specified in the Design Criteria Package for the
project) was maintained after discussions with the City Attorney's office determined that this
represented a material change to the original solicitation.
Based upon the foregoing conditions, Bergeron and the City Administration negotiated a
modified price proposal in the amount of $9,930,000 for the West Avenue Bridge for all three
components as follows: West Avenue Bridge $6,806,400; Dade Boulevard Harmonization
$1,729,600; and Lincoln Court Pedestrian Bridge $864,000. The modified, negotiated proposal
includes a $430,000 City's contingency, $100,000 for permitting work, with a total allowance of
$530,000.
CITY MANAGER'S RECOMMENDATION
The City Administration requests that the City Commission accept the recommendation of the
City Manager to award Bergeron Land Development, pursuant to RFP No. 2016-062-KB, the
Design Build Contract for the West Avenue Bridge and Pedestrian Bridge over Collins Canal in
the amount of $9,930,000; and further authorize the Mayor and City Clerk to execute a Design
Build Agreement with Bergeron.
Attachments: Cost Proposal
Design Criteria, West Avenue Bridge Over Collins Canal
Sample Design Build Agreement
JLM/ETC/AD/BAM/WRB/LJS
T:WGENDA\2016\April\Public Works April 27\RFP-2016-062-KB-West Avenue Bridge-Memo 4-27-16.doc
Attachment—A
ti3 •. TAB,4
Datirmuti Senriccsixr t r MI Avenua Urackp Ova Co m Greed
REP NO 2016-(12-Kli Proposal
4.1 Cost Proposal Form (Appendix E)
MIAMI BEACH
Cost Proposal Form
2016-062-KB
DESIGN BUILD SERVICES FOR THE
WEST AVENUE BRIDGE OVER
COLLINS CANAL
PROCUREMENT DEPARTMENT
1755 Meridian
Avenue, 3rd Floor
Miami Beach,
Florida 33139
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of ihis proposal. TAB41,Pag6 t
® :BEACH • TAB 4
neap/DM Sesvkxs br k Vtkr.4.Avenue I:ir cit:Over Cohn Carol
itVP NO.2016-062.-KB Cos[Pow 9 .-
APPENDIX A PROPOSAL TENDER FORM
Failure to submit Section 5,Proposal Tender Form,in its entirety and fully executed by the deadline established for
the receipt of proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
accordance with the requirements of this RFP, inclusive of its terms,conditions, specifications and other requirements stated
herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes,
insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City
Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Proposal
Tender Forms(Section 5)completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender
Form Section 5 shall be initialed.
WEST AVENUE BRIDGE OVER COLLINS CANAL
Total
Item Description Quantity U I M Unit Cost (Quantit _x_unit_C st)
1 Mobilization/Demobilization 1 LS $850,000 $850,000
2 Design and Construction Administration 1 LS I $880,000 $880,000
3 Clear and Grubbing 1 LS I $50,000 $50,000
4 West Avenue Bridge 1 LS $1,980;000 $1,980,000
5 Bridge Lighting 1 LS $40,400 $40,400
6 Precast Arch Fascia Panel 1 LS , $71,000 $71,000
7 West Avenue Road 1 LS $120,000 • $120,000
8 West Avenue Sidewalk 1 LS i $20,000 $20,000
9 Dade Boulevard Reconstruction 1 LS $200,000, $200,000
10 Dade Boulevard Sidewalk 1 LS S50,0001 $50,000
11 Embankment 1 LS $520,008 $520,000
12 Handrail 1 LS $175,001 $175,000
13 Gravity Wall 1 LS $350,000 $350,000
14 Concrete Barrier 1 LS S50,000 $50,000
15 Type F curb and gutter 1 LS 550,001 $50,000
16 Pedestrian Lighting 1 j LS $70,001 $70,000
17 Street Lighting 1 LS $500,001 $500,000
18 Water Relocation and/or Adjustments 1 f LS $25,001 $25,000
19 Sewer Relocation and/or Adjustments 1 LS $25,001 $25,000
20 Drainage 1 LS $300,001 $300,000
21 Signing and Marking 1 LS $45,001 $45,000
22 Signalization at Dade Blvd and West Avenue 1 LS 5350,001 $350,000
23 Bond and Insurance(3 sections) 1 LS $85,00d $85,000
Allowance for Bridge Aesthetics beyond the Precast
24 Arch Fascia Panel with Creative Formed Lines or , 1 LS
Texture 1 $300,000.; -90;0:: ci ty
25 Allowance for Permitting 1 LS
$100,000, ••
TOTAL WEST AVENUE BRIDGE 0-' 1.,p ���,//
Owner Controlled Project Contingency 10% of f �J fno.6"
26 Total West Ave Bridge 0
TOTAL GMP WEST AVENUE 4-7720674t0:00---
, ,IPO6, 41e*/°. ...
_r. r,_,._>,_i 1 1 Use or disclosure of data contained on this sheet is,utject to the rest,ict�o,on the title page of�nis proposal. J TAB•4 I page,2.`
® B AC f TAB.4
Delitinilitrill Servcxs for to Vtbi Avenue:Iifzkpo ova Gans Canal
uip No.20116-062403 Cost Proposal .;
�
` .ALTERNATE
LINCOLN COURT PEDESTRIAN.BRIDGE
Total
Item Description Quantity U I NI Unit Cost (Quantity_X_Unit_Cost
1 Mobilization/Demobilization 1
LS I $120,000 $120„000
2 Design 1 LS S135,000 $135,000
3 Clear and Grubbing 1 LS $12,000 $12,000
4 Lincoln Court Pedestrian Bridge 1 LS $350,000 $350,000
5 Precast Arch Fascia Panel 1 LS $70,000 $70,000
6 Bridge Lighting 1 LS $47,000 $47,000
7 Lincoln Court Reconstruction 1 LS $000 $000
8 Dade Boulevard Reconstruction i 1 ! LS $9,000 $9,000
9 Dade Boulevard Sidewalk 1 LS $10,000 $10,000
10 Embankment 1 LS $10,000 $10,000
11 Handrail 1
LS i $44,000 $44,000,
12 Gravity Wall 1 [ LS $29,000 $29,000
13 Type F curb and gutter 1 LS $000 $000
14 Street Lighting 1 LS $000 $000
15 Water Relocation and/or Adjustments 1 LS $14,000 $14,000
16 Sewer Relocation and/or Adjustments 1 LS $14,000 $14,000
17 Drainage 1 LS $000 $000
18 Signing and Marking 1 LS $000 $000
19 Bond and Insurance 1
LS $000 $000
20 Allowance for Bridge Aesthetics beyond the 1 j LS
Precast Arch Fascia Panel with Creative
Formed Lines or Texture I $100,000 -$89;009 c/'/
21 Allowance for Permitting 1 $000 $000 /Peved
TOTAL
ALTERNATE LINCOLN COURT W64080 700`
Owner Controlled Project Contingency ,if 971,oa,,o�
22 10%of Total Lincoln Court Pedestrian 0 % $
Bridge
TOTAL GMP ALTERNATE
. LINCOLN COURT PEDESTRIAN BRIDGE $964 600:100T
gti7 L.i ' '
-E-. r,
, >E^,_ •( I`J Use or disclosure of data contained on this sheet is „ecf to the restriction on the tifle pace at this proposal. TAB 41 Page 3'
BE AC i TAB 4
Design/13M S lti c s f o r Ix>V 11: Ammo k a8ge(fins Corm Card
R P NO.201&O62--6a3 Cost Propos
DADE'BOULEVARD HARMONIZATION
VENETIAN CAUSEWAY TO BAY ROAD
Total
Item Description Quantity U 1 M Unit Cost (Quantity x Unit Cos
1 MOBILIZATION AND DEMOBILIZATION 1 ii LS $50,000, $50,000
2 DESIGN AND CONSTRUCTION 1 1 LS
ADMINISTRATION ; S220,000, $220,000
3 CLEAR AND GRUBBING 1 LS $50,000 $50.000
4 DADE BOULEVARD RECONSTRUCTION 1 LS $300,000 $300,000
5 CONCRETE SIDEWALK 1 LS $60.000 $60,000
6 EMBANKMENT 1 LS $50.000 $50,000
7 HANDRAIL 1 I LS $20,000, $20,000
8 _ GRAVITY WALL 1 1 LS $000 $000
9 SEAWALL 1 LS $000 $000,
10 CONCRETE CURB AND GUTTER(TYPE F) 1 LS — $17,500 $17,500,
11 STREET LIGHTING 1 LS F $390,000 $390,000
12 PEDESTRIAN LIGHTING 1 LS $60,000 $60,000
13 WATER RELOCATION AND/OR 1 LS
ADJUSTMENTS — $23,100 $23,100
14 SEWER RELOCATION AND/OR 1
LS
ADJUSTMENTS –
� $20,000 $20,000
15 DRAINAGE 1 ` LS S110.000 $110,000
16 SIGNING AND MARKING 1 `1 LS j $15,000, $15,000
17 SIGNALIZATION AT DADE BLVD AND 1 LS
PURDY i $200,000 $200,000
18 SIGNALIZATION AT DADE BLVD AND BAY 1
ROAD LS i S144.000 $144,000
19 BOND AND INSURANCE 1 LS $000 000
20 ALLOWANCE FOR HARMONIZATION 1 LS _ $000 $000 3 e
50 1 ALLOWANCE FOR PERMITING
_ LS $000 $000
TOTAL.DADE BLVD VENETIAN CAUSEWAY TO BAY ROAD 1,729,600.00
22 OWNER CONTOLLED CONTINGENCY 0 PERCENT 1
10% OF TOTAL DADE BLVD VENETIAN
CAUSEWAY TO BAY ROAD
TOTAL GMP DADE BLVD VENETIAN CAUSEWAY TO BAY ROAD $1,729,600.00
Bidder's Affirmation
Company: Bergeron Land Development
Authorized Representative: Chad Widup, P.E.Operations Director
Address: 19612 SW 69th Place, Fort Lauderdale, Florida 33332
Telephone: (954)680.6100
Email: cwidup(a,bergeroninc.com
Authorized Representativ .-'•Sirature
E.P.-2, t;1-:.,(j E I\1 Use or disclosure of data contained on this steel is sued to the ;e:strictic n 3n the title page of this proposal. ' TA-13'74-Page 4'
Attachment— B
DESIGN CRITERIA
WEST AVENUE BRIDGE OVER COLLINS CANAL
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. WORK to be performed under this Contract shall consist of furnishing and
installing all tools, equipment, materials, supplies, and manufactured articles
and furnishing all labor, transportation, and services, including fuel, power,
water, and essential communications, and performing all WORK, or other
operations required for the fulfillment of the Contract in strict accordance with
the Contract Documents. The WORK shall be complete, and all WORK,
materials, and services not expressly indicated or called for in the Contract
Documents, which may be necessary for the DESIGN / BUILD FIRM shall
provide the complete and proper construction of the WORK in good faith as
though originally so indicated, at no increase in cost to the CITY.
B. Wherever the term Project is used in these documents, it shall be construed to
mean all WORK associated with the WEST AVENUE BRIDGE OVER COLLINS
CANAL AND DADE BOULEVARD HARMONIZATION BETWEEN VENETIAN
CAUSEWAY AND BAY ROAD.
C. Wherever the term CONSULTANT is used in these documents, it shall be
construed to mean the registered professional engineer, architect, and/or
landscape architect who have contracted with or who are employed by the
DESIGN / BUILD FIRM to provide professional services for the design and
permitting of the Project. The CONSULTANT shall be the Engineer of Record
and shall be licensed by the State of Florida to provide said services.
D. Wherever the term CONTRACTOR is used in these documents, it shall be
construed to mean the DESIGN / BUILD FIRM.
E. Wherever the term CITY is used in these documents, it shall be construed to
mean the entity responsible for the development of the Design Criteria Package
for the Project. The CITY shall also be responsible for reviewing the contract
documents and providing construction administration services The DESIGN /
BUILD FIRM shall interact with the CITY.
F. Whenever a reference to number of days is noted, it shall be construed to mean
calendar days.
1.02 PROFESSIONAL SERVICES
BID NO Bid CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-1 West Avenue Bridge
A. Work to be performed in this Section includes providing professional
engineering services to design and permit a project meeting the intent of the
Design Criteria Package (DCP). The DCP is a multi-volume document
including the following items:
Volume 1: - Request for Qualifications
Volume 2: - Design Criteria (this document)
Volume 3 —Attachments
• Attachment 1: Project Development Summary Report and Project
Development and Environmental (PD&E) Study by Gannett Fleming.
• Attachment 2: Joint Project Agreement between Miami-Dade County
and the City Of Miami Beach.
• Attachment 3: Perpetual Easement Agreement by Housing Authority of
the City of Miami Beach and the City of Miami Beach for West Avenue
between Collins Canal and 17th Street.
• Attachment 4: Copy of the Plans for the Design of the Shared Path
along Dade Boulevard.
• Attachment 5: Geotechnical Report for Structures dated May 18, 2012
• Attachment 6: Geotechnical Report for Roadways dated May 11, 2011.
• Attachment 7: Bridge Analysis Report.
• Attachment 8: Essential Fish Habitat Assessment.
• Attachment 9: Endangered Species Biological Assessment. (Addendum
3).
• Attachment 10: City of Miami. Public Works Department Neighborhood
No. 9 City Center Seawall Dade Boulevard Collins Canal Drawings.
(Addendum 3).
• Attachment 11: Dade County Small Business Development SBD 400
Form.
This document and the Technical Specifications include Project requirements to
be adhered to by the DESIGN / BUILD FIRM.
1.03 SCOPE OF WORK
A. The DESIGN / BUILD FIRM shall become familiar with the PD&E study
conducted by the City of Miami Beach and shall use the approved concepts as
a basis for design. The project includes the design and construction of the West
Avenue Bridge over Collins Canal using the preferred bridge typical section
recommended by the PD&E study Alternative 2 consisting of 2-11' through
lanes, 1-11' southbound left turn lane, 5.5' bicycle lane and 10' sidewalk on both
sides of the road between 17th Street and just north of Dade Boulevard. The
bridge shall be designed as stated on the Bridge Analysis Report attached. The
BID NO.: Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-2 West Avenue Bridge
substructure design shall be based on the recommended option stated on the
geotechnical report for structures attached.
B. The bridge shall be a single span with beam elements to be set at an elevation
to allow a freeboard equal to the existing freeboard on the existing Alton Road
Bridge over Collins Canal. The proposed bridge shall have retaining walls
associated with the approaches and bridge abutments.
C. The DESIGN / BUILD FIRM shall include the design of Lincoln Court pedestrian
bridge over Collins Canal as a separate alternate. The City may, at its option,
either award the design, construction management and construction of the
pedestrian bridge as an additive to the West Avenue Bridge Guaranteed
Maximum Price (GMP) or exclude it from the project. Design and construction
costs associated with the pedestrian bridge shall be separate from the West
Avenue Bridge. The pedestrian bridge shall be 8 foot wide, single span, precast
concrete arch. The proposed bridge elevation shall be set at an elevation to
allow a 6-foot freeboard dimension above MHW over Collins Canal. The design
criteria for the pedestrian bridge shall be based on the most current Federal,
State and Local guidelines for pedestrian overpasses
D. Due to the minimum freeboard over Collins Canal and to the close proximity of
Dade Boulevard to the Collins Canal, the West Avenue Bridge approach will
result in higher elevation than Dade Boulevard. As a result of this grade
differential, Dade Boulevard requires reconstruction for a few hundred between
Alton Road and 17h Street. The reconstruction includes but not limited to
removal and replacement of the existing pavement, curb and gutter, sidewalk,
landscaping, modification of the seawall, concrete barrier along Collins Canal,
concrete barrier along the Dade Boulevard median, handrail, signing and
pavement markings, lighting, and drainage. The seawall in this section is
relatively new so it does not need replacement. Gravity wall can be used to
mitigate the grade differential so not to cause impact to the existing seawall. In
addition, a concrete barrier with handrail or other similar roadside safety device
approved by Dade County will be required to prevent errant vehicles into the
Collins Canal. The DESIGN / BUILD FIRM shall be alerted to the fact that time
is of the essence to substantially complete Dade Boulevard. Therefore, there is
a time constraint for the reconstruction of Dade Boulevard as stated in the time
constraint section below.
E. The DESIGN / BUILD FIRM shall also include the design and reconstruction of
Dade Boulevard from the Venetian Causeway Bridge to approximately 250 feet
east of Bay Road, referred to in this DCP as Dade Blvd harmonization. The
reconstruction of Sunset Harbour Drive and Bay Road will be by others in the
current Sunset Harbour Project to the north of Dade Boulevard ROW. The
reconstruction includes but not limited to removal and replacement of the
existing pavement, curb and gutter, sidewalk, and landscaping. Installation of
new seawall in the water side of the existing seawall along the south side of
Dade Boulevard between the Venetian Causeway bridge and the 17th Street
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-3 West Avenue Bridge
bridge including a concrete barrier with handrail or other similar roadside safety
device approved by Dade County to prevent errant vehicles into Collins Canal
will be done by others under a separate contract. The harmonization of Dade
Boulevard shall be kept separate from the West Avenue Bridge and from the
Pedestrian Bridge as the City will get reimbursement from Dade County for this
portion separately.
F. The DESIGN / BUILD FIRM shall coordinate with adjacent property owners
impacted due to grade differential between existing elevation of the property
and the new elevation at the right of way line. The contractor shall assume
gravity wall with handrail as means of transitioning to the existing properties as
a base of his proposal. Should coordination with property owner results in a
more expensive harmonization than the assumed base, the DESIGN / BUILD
FIRM shall provide a proposal to the City for review and approval. The City will
use the allowance under Property Harmonization item to cover the additional
costs beyond the base costs.
G. The DESIGN / BUILD FIRM shall design the horizontal and vertical alignment
based on the design speed of 25 MPH for West Avenue and 30 MPH for Dade
Boulevard. Design deviations will be allowed at the intersection of West Avenue
and 17th Street.
H. Pavement shall be designed as recommended on the geotechnical report for
roadways (attached). The proposed pavement structure shall be based on the
latest FDOT pavement design manual The DESIGN / BUILD FIRM shall
assume that placement of geosynthetic reinforcement is required on all new
pavement.
I. All new concrete sidewalk for this project shall be of gray concrete and non-
permeable.
J. The intersection of Dade Boulevard and West Avenue shall have a new traffic
and pedestrian signal and shall be designed in accordance FDOT, MUTCD and
Miami Dade County requirements. The signal shall be designed with a signal
operation plan (SOP) that ensures coordination and phasing for the section and
shall be coordinated with Miami Beach Transportation and Miami-Dade County
Traffic Signals and Signs.
K. The intersections of Dade Boulevard/Sunset Harbour Drive and Dade Boulevard
and Bay Road signalization shall be reconstructed with new mast arms and
pedestrian signals in accordance with FDOT, MUTCD and Miami Dade County
requirements. The signal shall be designed to match the existing signal
operation plan (SOP) and shall be coordinated with Miami Beach Transportation
and Miami-Dade County Traffic Signals and Signs.
L. Street Lighting and pedestrian lighting shall be provided for the limits of this
project. The illumination design parameters will be minimum 0.5 foot-candles
and a maximum uniformity ratio of 4:1 foot-candles. Lighting shall be compatible
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-4 West Avenue Bridge
with other sections of the City's street network adjacent to West Avenue. Street
lighting for Dade Boulevard shall be approved by Dade County. Existing bollard
lights shall be removed within the limits of this project.
M. The DESIGN / BUILD FIRM shall assume the bridge aesthetics for the West
Avenue Bridge and the Lincoln Court Pedestrian Bridge shall be as identified in
the bridge analysis report with a Precast Arch Fascia Panel with creative formed
lines or texture in the fascia panel as a base for this proposal. The DESIGN /
BUILD FIRM shall develop exhibits with at least three options, prepare
notification, flyers, and/or letters to elected public officials and other public
officials, private property owners, tenants, the Miami-Dade Transportation
Aesthetics Review Committee (TARC) and assist the City to organize two public
meetings to present the options and receive feedback on the proposed bridge
aesthetics. Should the aesthetics for the bridges become more involved beyond
what is considered in the base of this proposal, the DESIGN / BUILD FIRM shall
provide a proposal to the City for review and approval. The City will issue a
change order to cover the additional costs beyond the base costs.
N. The City will the public, public officials and or review committees result in a
more comprehensive There will be allowance built in this Design Build Contract
should there be any additional requirements or additional work from what it is
specified above on bridge aesthetics as a result of the public input.
0. The DESIGN / BUILD FIRM shall perform a topographic survey and a ROW
survey along West Avenue between south of 17th Street to just north of Dade
Boulevard; along Dade Boulevard and Collins Canal from the Venetian
Causeway Bridge to Alton Road; along Lincoln Court from just south of its north
end to Dade Boulevard..
P. The DESIGN / BUILD FIRM shall prepare a Subsurface Utility Exploration
sufficient to determine the exact location, size, and material of all underground
utilities within the project limits.
Q. The DESIGN / BUILD FIRM shall perform coordination of all private and public
utilities and perform any required relocation of water, sewer and drainage
infrastructure to allow the proposed work.
R. The DESIGN / BUILD FIRM shall apply for all Federal, State, County and City
permits, including but not limited to U.S. Army Corps of Engineers, FDEP,
SFWMD, Miami-Dade County Class I, II and V permits and City of Miami Beach
ROW permit.
S. The consultant shall submit the following deliverables as part of the design plan
package using FDOT's Plans Preparation Manual Volume 2:
1) Signed and sealed topographical survey sheets by a professional land
surveyor licenses in the State of Florida.
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-5 West Avenue Bridge
2) Signed and sealed Right of Way Maps.
3) 60%, and 100% plans, for the West Avenue Bridge; Lincoln Court
Pedestrian Bridge, Dade Boulevard, West Avenue and Lincoln Court. The
plans shall include roadway, structures, lighting, signal, signing and
markings, traffic control plans, etc. the plan and profile sheets shall be on
11" X 17" sheets at a scale of 1" = 40' horizontal scale and 1" = 4' vertical
scale.
4) Drainage technical letter report
5) Lighting design analysis technical letter report for both bridges and Dade
Boulevard.
6) An itemized list of items with quantities of all roadway and bridge items
based on FDOT standard specifications at each plan submittal.
7) A schedule of values using the itemized list.
8) Specification package.
9) CAD and PDF copies of deliverables.
10) Back of sidewalk Profiles.
11) Typical sections.
T. Time Frames and constrictions:
1) Dade County is participating in the funding source for the construction of
West Avenue Bridge. There is a Joint Participation Agreement (JPA)
between the City and the County. The DESIGN / BUILD FIRM shall become
very familiar with this JPA and abide by its commitments including but not
limited to the Responsible Wages and Benefits Schedule (Construction
Type: Heavy) for wages and benefits to be paid for work performed under
this contract in effect on January 1st of the calendar year the work is
performed. In addition, the DESIGN / BUILD FIRM shall abide by Dade
County Small Business Development recommendation of 4.19% Small
Business Enterprise goal. The DESIGN / BUILD FIRM shall fill out
Schedule of Intent Affidavit (SOI) SBD 400 Form.
2) The City and the County are currently amending the JPA to include the
funding participation by Dade County for the Dade Boulevard
Reconstruction Project from the Venetian Causeway Bridge to
approximately 260' east of Bay Road. The City anticipates that this
amendment will be ready approximately 60 days after the execution of this
contract.
3) Due to the funding participation by Dade County, two Notice to Proceed
issuance will be provided by the City. The first Notice to Proceed (NTP1)
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-6 West Avenue Bridge
will be soon after the contract has been executed by all parties for the West
Avenue Bridge and the pedestrian bridge (if awarded). The second Notice
to Proceed (NTP2) will be issued by the City soon after the amendment to
the JPA has been executed by all parties for the Dade Boulevard
Reconstruction between the Venetian Causeway and Bay Road. Based on
the current schedule, NTP2 will be approximately 2 months after NTP1.
4) Time is of the essence to substantially complete Dade Boulevard either
165 calendar days after all permits have been obtained and the first notice
to Proceed (NTP1) is issued or 75 calendar days after the second Notice to
Proceed (NTP2) is issued, whichever is greater. Substantial complete will
be when the pavement reconstruction of the raised roadway is complete
and all lanes are open to traffic along Dade Boulevard. This includes: the
proposed alignment design of the bridge and Dade Boulevard; obtained all
necessary permits for the Dade Boulevard portion of the work; complete all
underground work; curb and gutter; new road base; a minimum of
temporary sidewalks; structural work on the Dade Boulevard side of West
Avenue such as the bridge approaches, piles, abutments, that would
require closure of Dade Boulevard to traffic for extended period time.
5) West Avenue Bridge shall be substantially complete in 270calendar days
after all permits are issued. Substantially complete will be when the West
Avenue Bridge and Lincoln Court Pedestrian Bridge are open to vehicular
and pedestrian traffic. This includes: bridge approaches; all underground
work; curb and gutter; sidewalk; the new signal at the intersection of Dade
Boulevard and West Avenue.
6) Final completion shall be 60 calendar days after the issuance of substantial
completion of the West Avenue Bridge.
U. The DESIGN / BUILD FIRM shall prepare signed and sealed contract
documents for the CITY's review to verify that the Project intent is complied
with. The DESIGN / BUILD FIRM shall also utilize the City of Miami Beach
Public Works Manual (PWM), current version with all updates to supplement
any details required to complete the Project.
V. Contract Document Preparation (Drawings / Specifications): The DESIGN /
BUILD FIRM shall review the Design Criteria Package, and information provided
in Volumes 1, 2 and 3. The DESIGN / BUILD FIRM shall make the necessary
changes, revisions, modifications, etc. to prepare its contract document set that
incorporates the intent of the project requirements.. The DESIGN / BUILD
FIRM's contract document set shall be submitted to the CITY to verify that the
Project intent is complied with at the 60%, and 100% design milestones. The
DESIGN / BUILD FIRM shall also utilize the City of Miami Beach Public Works
Manual, and any updates to supplement any details required to complete the
Project. The Design Standards Manual is provided to the DESIGN / BUILD
FIRM as a basis to develop contract documents that meet the intent of the
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-7 West Avenue Bridge
scope of work. The following is a list of items that the DESIGN / BUILD FIRM
shall incorporate into its Contract Documents:
1) Encroachments (when applicable): The DESIGN / BUILD FIRM shall
familiarize itself with the Design Criteria Package and the City of Miami
Beach Public Works Manual in order to properly address the removal of
existing encroachments in the right-of-way. It shall be the responsibility of
the DESIGN / BUILD FIRM to review, revise and finalize the encroachment
analysis to meet the intent of the scope of work and budget and all
requirements of the PUBLIC WORKS MANUAL (PWM).
2) Relocation of Existing Underground Utilities: It is the DESIGN / BUILD
FIRM's responsibility to coordinate the relocation of any and all existing
utilities that are in conflict with the proposed improvements as depicted in
the DESIGN / BUILD FIRM's contract documents. These include but are not
necessarily limited to: FPL, BellSouth, Charter Communications, Level 3
Communications, Adelphia Communications, Atlantic Broadband, AT&T,
Teco-Peoples Gas, NUI-City Gas Company, Florida Gas Transmission, MCI
WorldCom, M-D WASD, M-D PWD and City of Miami Beach, etc. It is the
responsibility of the DESIGN / BUILD FIRM to verify that the final contract
documents are free of utility conflicts. The DESIGN / BUILD FIRM shall be
responsible for the identification, coordination and cost to relocate existing
utilities that are found to be in conflict with proposed improvements.
3) Existing Utility Verification: The DESIGN / BUILD FIRM shall utilize
whatever means it deems necessary to ensure that the proposed
improvements illustrated in its final design drawings are not in conflict with
existing underground utilities. Any underground utility data that is deemed
necessary shall be provided by the DESIGN / BUILD FIRM team at no
additional cost to the City.
During design, the DESIGN / BUILD FIRM shall submit its contract
documents to each utility owner and request that they identify / verify the
horizontal and vertical location of their utilities. The DESIGN / BUILD FIRM
shall forward correspondence and its contract documents to each utility
owner with a copy to the CITY and the PROJECT MANAGER. The
DESIGN / BUILD FIRM is strongly recommended to field verify each utility
and / or manhole excavation, utility crossing, utility tie-in and excavation
greater than 12-inches in depth to field verify the location and depth of
identified utilities. Methods to be considered by the DESIGN / BUILD FIRM
shall include but not be limited to subsurface utility exploration in
accordance with ASCE Standard Guideline for the Collection and Depiction
of Existing Subsurface Utility Data (Quality Level A), vacuum extraction,
water extraction, ground penetrating radar, magnetic survey, potholing, or
other method deemed appropriate by the DESIGN / BUILD FIRM. The
DESIGN / BUILD FIRM shall also verify the design of the proposed
improvements with respect to conflicts with identified existing utilities. This
BID NO.: Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-8 West Avenue Bridge
effort shall include the identification and resolution of conflicts between
proposed improvements and existing below ground utilities, structures,
footings, foundations, landscaping, etc. and existing above-ground
improvements. The CITY reserves the right to request that the DESIGN /
BUILD FIRM provide documentation of utility verification requests and
subsequent responses from utilities during analyses of unforeseen
condition claims.
4) Construction Sequencing Plan: The DESIGN / BUILD FIRM shall
incorporate the construction sequencing restrictions presented in this
document into its contract documents. The CITY will consider minor, non-
substantial deviations from the construction sequencing restrictions on a
case-by-case basis.
W. Contract Document Permitting: The DESIGN / BUILD FIRM shall prepare
applications and such documents and design data as may be required to
procure approvals from all such governmental authorities that have
jurisdiction over the Project as represented in its contract documents.
The DESIGN / BUILD FIRM shall consider the impact of permit fees in its
construction opinions of probable cost. DESIGN / BUILD FIRM shall be
responsible for meetings, submissions, resubmissions and negotiations
with such authorities. CITY will attend meetings with governmental
authorities as deemed necessary by CITY. The DESIGN / BUILD FIRM
shall respond to comments by such authorities within ten working days of
receipt of comments. It is recognized by the CITY that the time period for
obtaining permits is beyond the control of the DESIGN / BUILD FIRM
except for issues concerning the ability to permit of the design and the
DESIGN / BUILD FIRM's ability to respond to permitting agency requests
for information. The DESIGN / BUILD FIRM shall be responsible for
monitoring and tracking progress on the preparation and review of
permits and subsequent requests for information. The DESIGN / BUILD
FIRM shall correspond with noted jurisdictional authorities to establish
permitting requirements, revise its documents and respond to permitting
inquiries as required. The DESIGN / BUILD FIRM shall copy the CITY on
all correspondence and also attend meetings with the CITY staff to
review and discuss permitting status. The following governmental
authorities that have or may have jurisdiction over the Project have been
identified:
1) City of Miami Beach Building Department
2) City of Miami Beach Design Review Board
3) City of Miami Beach Historical Preservation Board
4) City of Miami Beach Planning Department
5) City of Miami Beach Public Works Department
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-9 West Avenue Bridge
6) Miami-Dade Transportation Aesthetics Review Committee (TARC)
7) Miami-Dade County Department of Regulatory and Economic Resources
(RER) (formerly DERM)
8) Miami-Dade County Water and Sewer Department
9) Miami-Dade County Public Works Department
10) Miami-Dade Department of Health and Rehabilitative Services
11) South Florida Water Management District
12) Florida Department of Environmental Protection
13) U.S. Army Corps of Engineers
14) U.S. Environmental Protection Agency
Failure to identify governmental authorities that have jurisdiction over Project at
the time of permitting does not relieve DESIGN / BUILD FIRM from
responsibility to pursue the permit as described above. Note that this effort
includes the procurement of permit extensions, whether existing or new.
X. Construction Certifications: The DESIGN / BUILD FIRM shall make certification
to the City at the end of the project that the project was constructed in
accordance with all approved plans and applicable codes. The DESIGN /
BUILD FIRM shall provide all certifications, inspection reports and project
information necessary to close out all permits for the project. It should be noted
that phasing of the project shall require multiple phased certifications to put
some partial systems in to service during construction.
Y. Submittal of Contract Documents to the CITY for Review: The DESIGN / BUILD
FIRM shall submit three (3) hard copies and a CD of the design documents in
digital format (pdf and native format -AutoCAD, word, etc) to the CITY for review
and comments, the contract documents at the 60%, and 100% completion
stages. The submittal of the progress review contract documents shall be in
compliance with the requirements of the PUBLIC WORKS MANUAL (PWM) for
each completion stage. All review comments generated by the CITY shall be
addressed and included in the subsequent submittal.
Z. CAD files shall accompany all the as-built and record drawings for review by the
City, and be included in all pay requests. As-built drawings shall be consistent
with current CITY surveying and GIS standards as required in the PWM.
AA. Community Design Review Meeting (CDRM) and Pre-Construction Meeting
(PCM): The DESIGN / BUILD FIRM shall prepare necessary presentation
materials and attend one (1) pre-CDRM prior to start the design and two (2)
prior to the acceptance of the 60% and contract documents by the CITY. The
purpose of the CDRM is to review the progress and concept during the
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-10 West Avenue Bridge
development of the design. The DESIGN / BUILD FIRM shall also prepare
necessary presentation materials and attend one (1) review PCM following the
acceptance of the 100% contract documents by the CITY. The purpose of the
PCM is to advise residents on the schedule and sequencing of the upcoming
construction activities. The CITY will schedule, find locations for, and notify
residents of all such meetings. The DESIGN / BUILD FIRM shall prepare draft
meeting minutes and forward them to the CITY who shall review, provide
comments and distribute accordingly. Based upon the input provided by the
residents, The DESIGN / BUILD FIRM shall incorporate necessary contract
document revisions, as approved by the CITY. The DESIGN / BUILD FIRM shall
attend weekly design and construction meeting with the CITY to review the
project progress. The DESIGN / BUILD FIRM is responsible for preparation and
updating the project schedule for these meetings and provide, one (1) days prior
to the meeting, a list of items and issues to discuss and address during these
meetings.
1.04 STANDARD SPECIFICATION
A. Except as noted, all materials and workmanship shall meet the requirements of
the latest editions of the following publications:
1. Miami-Dade County Public Works manual "Design and Construction
Standards";
2. The Florida Department of Transportation "Standard Specifications for
Road and Bridge Construction, and its supplements;
3. The Florida Department of Transportation "Roadway and Traffic Design
Standards";
4. The Florida Department of Transportation "Structures Standards,"
5. Miami-Dade Water and Sewer Department "Design and Construction
Standard Specification and Details".
6. City of Miami Beach Public Works Manual.
1.05 SITE INVESTIGATION
A. The DESIGN / BUILD FIRM, by virtue of signing the Agreement, acknowledges
that it has satisfied itself to the nature and location of the WORK, the general
and local conditions including, but not restricted to: those bearing upon
transportation; disposal, handling and storage of materials, availability of water
and electric power; access roads to the site; the conformation and conditions of
the WORK area; and the character of equipment and facilities needed
BID NO.: No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-11 West Avenue Bridge
preliminary to and during the performance of the WORK. Failure on the part of
the DESIGN / BUILD FIRM to completely or properly evaluate the site
conditions shall not be grounds for additional compensation. Failure by the
DESIGN / BUILD FIRM to acquaint itself with all available information shall not
relieve it from responsibility for estimating properly the difficulty or cost of
successfully performing the WORK. The CITY assumes no responsibility for
any conclusions or interpretations made by the DESIGN / BUILD FIRM on the
basis of the information made available by the CITY.
1.06 WORK BY OTHERS
A. Concurrent work by Other Contractors. The DESIGN / BUILD FIRM's attention
is directed to the fact that work may be conducted at the site by other
Contractors during the performance of the WORK under this Contract. The
DESIGN / BUILD FIRM shall conduct its operations to cause little or no delay to
work of such other Contractors, and shall cooperate fully with such Contractors
to provide continued safe access to their respective portions of the site, as
required to perform work under their respective contracts.
B. Interference With Work On Utilities. The DESIGN / BUILD FIRM shall cooperate
fully with all utility forces of the CITY or forces of other public or private
agencies engaged in the relocation, altering, or otherwise rearranging of any
facilities which interfere with the progress of the WORK, and shall schedule the
WORK so as to minimize interference with said relocation, altering, or other
rearranging of facilities.
1.07 WORK SEQUENCE AND PHASING
A. The DESIGN / BUILD FIRM shall schedule and perform the WORK in such a
manner as to result in the least possible disruption to the public's use of
roadways, driveways, and utilities. Utilities shall include but not be limited to
water, sewerage, drainage structures, ditches and canals, gas, electric, internet,
television and telephone. Prior to commencing with the WORK, the DESIGN /
BUILD FIRM shall perform a location investigation of existing underground
utilities and facilities and shall have obtained all required permits and
permissions. The DESIGN / BUILD FIRM shall provide a schedule to the CITY,
City's Public Information Office (PIO) and the City Project Manager at least two
weeks prior to each planned disruption to the roadway, sidewalks, driveways,
and utilities for notification of the residents. City and City's PIO will prepare the
notices with assistance from the DESIGN / BUILD FIRM. The Design / Build
Firm shall provide the information for the preparation of the notices in a timely
manner for distribution to the residents 72 hours in advance of the disruption.
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-12 West Avenue Bridge
B. The DESIGN / BUILD FIRM shall sequence the WORK so as to minimize
impact on residents.
C. A preliminary plan identifying the work area included under each phase is
presented in the Conceptual Plans. The limits of the phases are outlined in
zones as follows:
D. The WORK shall be sequenced so that the existing utilities prone to damage
are replaced first followed by other deeper, more disruptive work. The DESIGN
/ BUILD FIRM shall provide a detail sequence of all utilities that require
relocation and/or adjustments and the pavement reconstruction to the City for
review and approval prior to beginning construction.
E. It is expected that the DESIGN / BUILD FIRM will employ multiple crews so that
construction can be carried on concurrently.
F. The WORK shall be sequenced so all testing are performed and "Certification to
Place Into Operation" are obtained for the proposed water distribution system
and stormwater management system prior to the construction of the proposed
roadway improvements. In addition to the above, the following restrictions shall
be maintained:
1. The DESIGN / BUILD FIRM shall provide a detailed phasing and
Maintenance of Traffic plans, for review and acceptance by the CITY prior
to the commencement of any construction activities. The DESIGN / BUILD
FIRM shall notify the City's Fire and Police Department, and the Post Office
14 days prior to planned disruptions.
2. The DESIGN / BUILD FIRM's phasing plans shall clearly illustrate the
DESIGN / BUILD FIRM's WORK intent. Each phase shall be broken down
into sub-phases that allow work on different areas simultaneously. The
DESIGN / BUILD FIRM's phasing plan shall be linked to the Project's
Construction Schedule.
3. The DESIGN / BUILD FIRM shall provide temporary asphalt patching for
the pavement disturbed at the end of each workday.
4. Construction within the right of way of affected roads shall be scheduled so
that all improvements are completed at once, and the residents are only
disrupted for one time period.
5. Access for emergency vehicles shall be maintained at all times to all homes
or businesses. Excavation must be back-filled or barricaded at the end of
each workday to prevent hazardous conditions. If a trench, excavation or
structure is to be left open, it must be covered with a steel plate and made
accessible to residents at the end of each workday or when work will be
suspended for more than eight (8) hours.
BID NO • Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-13 West Avenue Bridge
6. The DESIGN / BUILD FIRM shall coordinate with the appropriate local
agencies and private companies, which provide services to the residents,
as required to provide uninterrupted bus, school bus, garbage collection,
mail delive ry and other service during the WORK period. A traffic
maintenance plan indicating proposed street closings, schedules, and
alternate routes, which have been approved by the applicable jurisdictional
agency, should be submitted to all affected agencies and companies for
coordination and routing purposes.
7. Transportation provisions for handicapped or disabled residents shall be
made by the DESIGN / BUILD FIRM if construction prevents access to
homes.
8. Materials and equipment shall be stored in a fenced or otherwise enclosed
area during non-working hours. Pipe and material shall not be strung out
along installation routes for more than one workday. The DESIGN / BUILD
FIRM shall store minimal amount of material on site within designated areas
shown on the Construction Documents.
9. Street and lighting shall be maintained in operation at all times during
construction. The DESIGN / BUILD FIRM shall provide temporary power
supply and/or temporary lighting when necessary, to maintain lighting
conditions meeting the existing lighting conditions.
10. The DESIGN / BUILD FIRM shall develop a staging plan for review and
acceptance by the CITY. The plan shall provide for the staging of necessary
equipment, material and field operation trailers. The DESIGN / BUILD FIRM
shall restrict parking for its employees and sub-contractors within the
staging areas and/or swales adjacent to the work area. If necessary, the
DESIGN / BUILD FIRM shall provide additional off-site storage, staging and
parking as necessary at no additional cost to the contract. DESIGN / BUILD
FIRM shall maintain all staging areas until the project is completed.
11. The DESIGN / BUILD FIRM shall limit the number of non-essential vehicles
on the project area. The Design Built Firm is responsible to provide public
parking for its staff and sub-contractors offsite and arrange for group
transportation to and from the project area in order to eliminate the need for
personnel vehicles to be brought to the project area.
1.08 TRAFFIC CONTROL
A. The DESIGN / BUILD FIRM shall submit a conceptual Traffic Control Plan at
the Pre-Construction Conference. This preliminary plan shall identify the phases
of construction that the DESIGN / BUILD FIRM intend to utilize to identify the
traffic flows during each phase. The DESIGN / BUILD FIRM will be required to
submit a detailed lan showing each phase's Maintenance and Protection Plan
p 9 p
prior to starting construction of any phase.
BID NO.: Bid No' CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-14 West Avenue Bridge
B. The DESIGN / BUILD FIRM shall submit a weekly Traffic Impact Plan to the
CITY by Wednesday of each week to allow for notification of anticipated road
closures to public entities located in and doing business in the project area. The
Traffic Impact Plan shall identify streets that are under construction and
construction activities that may impact vehicular and pedestrian traffic.
C. The Maintenance of Traffic Plans shall be prepared in accordance the Current
Edition of the Florida Department of Transportation Standard Specification for
Road and Bridge Construction, Florida Department of Transportation Design
Standard for Road and Bridge Construction, and the Miami-Dade County Public
Works Department Manual for Design and Construction.
D. The "Maintenance of Traffic" plan shall address pedestrian traffic as well as
vehicular traffic.
E. The DESIGN / BUILD FIRM, at all times, shall conduct the WORK in such a
manner as to insure the least obstruction to traffic as is practical. Convenience
of the general public and of the residents adjacent to the work shall be provided
for in a satisfactory manner, as determined by the CITY.
F. Fire hydrants on or adjacent to the WORK shall be kept accessible to fire
apparatus at all times, and no material or obstruction shall be placed within
twenty (20) feet of any such hydrant.
G. All existing stop signs and traffic signalization shall be maintained in operating
conditions at all times during construction. A complete inventory of all existing
signage and traffic control features shall be provided to the CITY prior to the
commencement of construction activities.
H. When permission has been granted by the City of Miami Beach Public Works
Department to close an existing roadway, the DESIGN / BUILD FIRM shall
furnish and erect signs, barricades, lights, flags and other protective devices,
which shall conform to the requirements, and be subject to the approval of the
jurisdictional agency. The DESIGN / BUILD FIRM shall furnish and maintain
proper protective devices at such location for the entire time of closure as the
jurisdictional agency may direct. Signage shall be affected one week before
closure.
I. The DESIGN / BUILD FIRM shall furnish a sufficient number of protective
devices to protect and divert the vehicular and pedestrian traffic from working
areas closed to traffic, or to protect any new work. Failure to comply with this
requirement will result in the shutdown of the work until the DESIGN / BUILD
FIRM provides the necessary protection.
J. In areas where there are existing pavement markings, the DESIGN / BUILD
FIRM shall install temporary pavement markings any time traffic is diverted for a
period of time that will exceed one work day or as allowed by the City of Miami
Beach Public Works Department. Existing pavement markings that conflict with
BID NO Bid,No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-15 West Avenue Bridge
the new work zone traffic pattern must be obliterated. Painting over existing
pavement markings (black out) shall not be permitted.
1.09 WORK SCHEDULE
A. Substantial Completion: There are two substantial completions for this project:
the first Substantial Completion, as defined in the General Conditions, shall be
achieved either 225 days after the all permits have been obtained or 135
calendar days after the second Notice to Proceed (NTP2) is issued, whichever
is greater, for the Dade Boulevard Reconstruction. The second Substantial
Completion, as defined in the General Conditions is 330 calendar days for the
West Avenue Bridge after all permits have been obtained.
B. Completion: Project Final Completion, as defined in the General Conditions,
shall be achieved within 60 calendar days after the second Substantial
Completion.
C. Time is of the essence in completing this project. Because time is of the
essence, the DESIGN / BUILD FIRM shall commit the necessary resources to
this project to complete it in a timely manner. Note that a typical workday will be
based on hours between 8:30 am and 5:00 pm, Monday through Friday,
excluding holidays. If the DESIGN / BUILD FIRM wish to work longer hours
than those specified herein, it shall request so, in writing, a minimum of 72-
hours (3-business days) of each week. Work completed at other than regular
working hours should be easily observable by CITY on the subsequent day. If
the DESIGN / BUILD FIRM propose to complete work that will be "covered up"
after normal working hours, it shall reimburse CITY for costs associated with the
observation of such work.
D. The Construction progress will be measured with the construction schedule
submitted by the DESIGN / BUILD FIRM. If the CITY determines that the
DESIGN / BUILD FIRM does not meet the Critical Path Method (CPM) as
specified in the Section entitled "Schedules and Reports", the DESIGN / BUILD
FIRM will be required to commit those resources necessary to ensure the
completion of the project in a timely manner. All costs incurred to implement
measures to complete the WORK in timely manner will be borne by the
DESIGN / BUILD FIRM.
E. SCHEDULE TRACKING
1. The DESIGN / BUILD FIRM shall submit scheduling information for the
WORK as required in the Section entitled "Schedules and Reports".
2. No separate payment shall be made for preparation and/or revision of the
schedule.
1.10 COMPUTATION OF CONTRACT TIME
BID NO.: Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-16 West Avenue Bridge
A. It is the DESIGN / BUILD FIRM's responsibility to provide clear and convincing
documentation to the CITY as to the effect additional WORK will have with
respect to additional contract time extension requirements. If additional
quantities of WORK can be carried out concurrent with other existing
construction activities without disrupting the critical path of the project then no
contract time extension will be granted. The DESIGN / BUILD FIRM is obligated
to provide documentation to the CITY if additional elements of WORK affect the
critical path of the project. If WORK set forth in the original scope of the project
is deleted, the contract time may be reduced. This contract is a calendar day
contract. While the DESIGN / BUILD FIRM may be granted, time to suspend
WORK operations for vacations or holidays, contract time will not be
suspended. During suspensions, the DESIGN / BUILD FIRM shall be
responsible for all maintenance of traffic and liability without additional
compensation from the CITY. In addition, DESIGN / BUILD FIRM shall comply
with timely notice requirements as specified in the General Conditions.
1.11 PRE-CONSTRUCTION CONFERENCE
A. Thirty (30) days prior to the start of construction activities, a Pre-Construction
Conference will be held between the DESIGN / BUILD FIRM, CITY, other
interested agencies, representatives of utility companies and others affected by
the WORK. The time and place of this conference will be set by the CITY. The
DESIGN / BUILD FIRM shall bring to the conference a copy of its preliminary
WORK schedule for review and comment by the CITY. The schedule shall
include sequences of operation and time schedule. The final schedule will be
due as noted in the Section entitled "Schedules and Reports". The WORK shall
be performed in accordance with such schedule or approved amendments
thereto.
1.12 UTILITY LOCATIONS
A. To the extent possible, some existing utility lines in the project area have been
shown on the conceptual plans. However, the CITY guarantees neither that all
lines are shown, nor that said lines are in their true location. It shall be the
DESIGN / BUILD FIRM's responsibility to identify and locate all underground or
overhead utility lines or equipment affected by the project. No additional
payment will be made to the DESIGN / BUILD FIRM because of discrepancies
in actual and plan location of utilities and damages suffered as a result thereof
of lines shown on the plans.
B. The DESIGN / BUILD FIRM shall notify each utility company involved at least
thirty (30) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility may be
in conflict with or endangered by the proposed construction. The DESIGN /
BUILD FIRM shall pay for relocation of water mains or other utilities for the
convenience of the DESIGN / BUILD FIRM. All charges by utility companies for
temporary support of their utilities and permanent utility relocations to avoid
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-17 West Avenue Bridge
conflict shall be the responsibility of the DESIGN / BUILD FIRM and the utility
company involved.
C. The DESIGN / BUILD FIRM shall schedule and coordinate its WORK in such a
manner that the utility companies relocating or supporting their utilities do not
delay project construction activities. No compensation will be paid to the
DESIGN / BUILD FIRM for any loss of time or delay.
D. All overhead, surface or underground structures and/or utilities encountered are
to be carefully protected from damage or displacement. All damage to said
structures and/or utilities is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to remedy any
damage by ordering outside parties to make repairs at the expense of the
DESIGN / BUILD FIRM. All repairs made by the DESIGN / BUILD FIRM are to
be made to the satisfaction of the Utility Owner and shall be inspected by a
representative of the Utility Owner and the CITY.
E. Within forty-eight (48) hours before excavating, the DESIGN / BUILD FIRM
should call the CITY, for assistance with locating City-owned utilities. The
DESIGN / BUILD FIRM shall contact Sunshine State One Call of Florida (1-800-
432-4770) for free locating service for utilities for contractors and excavators.
Within forty-eight (48) hours before excavating, the DESIGN / BUILD FIRM
should call Sunshine State One Call of Florida Inc., and a locator will be
dispatched to the WORK location. The DESIGN / BUILD FIRM shall coordinate
with the utility companies not included in the Sunshine State One Call of
Florida, Inc. location service.
1.13 Construction Layout Survey
A. The DESIGN / BUILD FIRM surveyor shall provide vertical and horizontal
control for layout of the WORK in the form of benchmarks and control points
located adjacent to the WORK. From these controls provided, the DESIGN /
BUILD FIRM shall develop and make all detailed surveys needed for
construction and shall establish all working points, lines and elevations
necessary to perform the WORK. The surveying WORK shall be supervised by
a Professional Land Surveyor registered in the State of Florida and meet the
requirements of the Public works Manual, Part I, Section 1 Standard Design
and Plan Production Criteria.
1.14 PROTECTION AND RESTORATION OF SURVEY
1.15 POINTS
A. The DESIGN / BUILD FIRM shall carefully protect from disturbance all survey
points, stakes bench marks, etc., whether or not established by it, and shall not
remove or destroy any survey point until it has been properly referenced
referenced/ tied-in by the DESIGN/BUILD Surveyor. Surveyor All survey points
that have been damaged by the DESIGN / BUILD FIRM such as section
BID NO.: Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-18 West Avenue Bridge
corners, 1/4 section corners, property corners or block control points, including
centerline of road Right of Ways such as the points of curve, tangent and
intersection, shall be replaced at the DESIGN / BUILD FIRM's expense with
markers of a size and type as required by Florida State Statues. Their
replacement shall be under the supervision of a Florida Registered Land
Surveyor. The DESIGN / BUILD FIRM Surveyor shall document survey
monuments prior to construction and submit the location and type of all markers
to the CITY. All survey points on the topographic, construction layout and as-
built/record surveys perform through the duration of the project.
1.16 EQUIPMENT
A. All equipment necessary and required for the proper construction of all work
shall be on the construction site, in first-class working condition.
1.17 OWNERSHIP OF EXISTING MATERIALS
A. All materials removed or excavated from the job site shall remain the property
of the CITY until released by the CITY, at which time it shall become the
property of the DESIGN / BUILD FIRM, who shall dispose of it in a manner,
complying with all applicable jurisdictional requirements.
1.18 EXCESS MATERIAL
A. All vegetation, debris, concrete or other unsuitable materials shall be disposed
of off-site in approved areas provided by the DESIGN / BUILD FIRM. Storage of
unsuitable materials on site shall not be allowed. All unsuitable materials are to
be removed from work site as they are generated. The DESIGN / BUILD FIRM
shall deliver any excess material desired to be retained by the CITY to a
designated area within a 5-mile radius of the project, at no extra cost to the
CITY.
1.19 AUDIO-VISUAL PRE-CONSTRUCTION RECORD
A. General:
1. The DESIGN / BUILD FIRM shall engage the services of a professional
videographer. A responsible commercial firm known to be skilled and
regularly engaged in the business of pre-construction color audio video tape
documentation shall prepare the color audio-video tapes.
2. Prior to beginning the WORK, the DESIGN / BUILD FIRM shall have a
continuous color audio-video tape recording taken along the entire length of
the project to serve as a record of pre-construction conditions. No
construction shall begin prior to review and approval of the tapes covering
the construction area by the CITY. The CITY shall have the authority to
reject all or any portion of the video tape not conforming to the
specifications and order that it be redone at no additional charge. The
DESIGN / BUILD FIRM shall reschedule unacceptable coverage within five
BID NO Bid No CITY OF MIAMI BEACH
. .............. .
...........:.....::....:...:....
DATE: April 27, 2016 DCP-19 West Avenue Bridge
days after being notified. The CITY shall designate those areas, if any, to
be omitted from or added to the audio-video coverage.
B. Equipment:
1. The DESIGN / BUILD FIRM shall furnish all equipment, accessories,
materials and labor to perform this service.
2. The total audio-video system shall reproduce bright, sharp, clear pictures
with accurate colors and shall be free from distortion, tearing, rolls or any
other form of imperfection. The audio portion of the recording shall
reproduce the commentary of the camera operator with proper volume and
clarity and be free from distortion and interruptions.
3. When conventional wheeled vehicles are used, the distance from the
camera lens to the ground shall not be less than twelve feet. In some
instances, audio-video tape coverage may be required in areas not
accessible by conventional wheeled vehicles. Such coverage shall be
obtained by walking or special conveyance approved by the CITY.
4. The color video camera used in the recording system shall have a
horizontal resolution of 300 lines at center, a luminance signal to noise ratio
of 45 dB and a minimum illumination requirement of 25 foot-candles.
C. Recorded Information -Audio:
1. Each tape shall begin with the current date, project name and municipality
and be followed by the general location, i.e., name of street, house address,
viewing side and direction of progress. The audio track shall consist of an
original live recording. The recording shall contain the narrative
commentary of the videographer, recorded simultaneously with his fixed
elevation video record of the zone of influence of construction.
D. Recorded Information - Video
1. All video recordings must, by electronic means, display continuously and
simultaneously generated with the actual transparent digital information to
include the date and time of recording, and station numbers as shown on
the drawings. The date information shall contain the month, day and year.
The time information shall contain the hour, minutes and seconds.
Additional information shall be displayed periodically. Such information shall
include, but not be limited to, project name, contract number, name of
street, house address, direction of travel and the viewing side. This
transparent information shall appear on the extreme upper left hand third of
the screen.
2. All taping shall be done during times of good visibility. No taping shall be
done during precipitation, mist or fog. The recording shall only be done
BID NO.: Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-20 West Avenue Bridge
when sufficient sunlight is present to properly illuminate the subjects of
recording and to produce bright, sharp video recordings of those subjects.
3. The rate of speed of the vehicle used during taping shall not exceed 10
miles per hour. Panning, zoom-in and zoom-out rates shall be sufficiently
controlled to maintain a clear view of the object.
4. Video coverage shall include all surface features located within the zone
influence of construction supported by appropriate audio coverage. Such
coverage shall include, but not be limited to, existing driveways, sidewalks,
curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs
and headwalls within the area covered. Particular attention should be paid
to those items outside or adjacent to the work limits that may become
damaged during construction.
1.20 ADJUSTING EXISTING VALVES, METERS, CATCH BASINS, AND
MAINTENANCE ACCESS STRUCTURES (i.e. MANHOLES)
A. It shall be the DESIGN / BUILD FIRM's responsibility to coordinate and have all
adjustments made to existing water meters, valves, and structures encountered
during construction, to meet all final grades, unless otherwise instructed by the
respective utility owner. All valves and maintenance access structures shall be
accessible during all phases of the WORK for emergency access. Omission of
such structures from the conceptual plans does not relieve the DESIGN /
BUILD FIRM from making such adjustments as may be deemed necessary.
1.21 ENVIRONMENTAL PROTECTION
A. The DESIGN / BUILD FIRM shall furnish all labor and equipment and perform
•
all WORK required for the prevention of environmental pollution during and as a
result of the WORK under this contract. For the purpose of this contract,
environmental pollution is defined as the presence of chemical, physical, or
biological elements or agents, which adversely affect human health or welfare;
unfavorably alter ecological balances of importance to human life, affect other
species of importance to man, or degrade the utility of the environment for
aesthetic and recreational purposes. The control of environmental pollution
requires consideration of air, water, land and involves noise, solid waste
management and management of radiant energy and radioactive materials, as
well as other pollutants.
B. The DESIGN / BUILD FIRM shall take all steps necessary to protect water
quality in the connected waters around the project and shall utilize such
additional measures as directed by the CITY. Silt screens shall not be removed
until the turbidity of the affected waters is equal to or lowers than the ambient
turbidity of undisturbed segments of adjacent surface waters.
C. The DESIGN / BUILD FIRM shall implement a Stormwater Pollution Prevention
Plan in accordance with the Florida Department of Environmental Protection
BID NO.: Bid No CITY OF MIAMI BEACH
....... ........
DATE: April 27, 2016 DCP-21 West Avenue Bridge
minimum requirements. The DESIGN / BUILD FIRM shall obtain and prepare all
documents necessary to obtain a Florida Department of Environmental
Protection National Pollution Discharge Elimination System Permit for
Construction Activities.
D. All protection requirements covered by this subsection shall comply with all
applicable jurisdictional agency requirements.
1.22 BASIS OF PAYMENT
A. The DESIGN / BUILD FIRM's during the design the pay request shall contain
updated project schedule and a written status report providing the status of
each discipline under design and permitting. During construction Professional
Land Surveyor will prepare "As-built record" Survey monthly to support the
payment request. In the event of disputes, the CITY shall make the final
determination; no additional compensation will be made for surveying services.
A Florida Licensed Registered Professional Land Surveyor and meet the
requirement of the Public works Manual, Part I, Section 1 Standard Design and
Plan Criteria, Construction Layout Surveys shall supervise this WORK.
B. The DESIGN / BUILD FIRM shall not be permitted to invoice for quantities of
WORK beyond those contained in the contract and all previously approved
change orders. Invoice for partial payment shall not be accepted by CITY as
complete without the following:
1. Certificate of payment to subcontractors.
2. Updated Construction Schedule
3. Release of Liens from subcontractors
1.23 APPLICATION FOR PAYMENT FOR STORED MATERIALS
A. The DESIGN / BUILD FIRM is advised that the CITY will not pay for stored
materials.
1.24 VIBRATORY COMPACTION
A. The use of vibratory compaction equipment shall be limited to a total gross
weight of three (3) tons. The use of vibratory equipment shall be limited to
compacting backfill of utility trenches and subgrade of roadways only. If
approved in writing by the CITY larger vibratory compaction equipment may be
allowed if operated in a static mode only. The DESIGN / BUILD FIRM shall be
responsible for all damages/claims resulting from its compaction activities on
the surrounding neighborhood and its residents.
1.25 REPORTING OF DAMAGE CLAIMS
A. The DESIGN / BUILD FIRM shall keep the CITY informed of any damage
claims made against the DESIGN / BUILD FIRM during the construction period.
BID NO Bid No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-22 West Avenue Bridge
All claims for automobile damage, property damage and/or bodily injury will be
reported to the CITY within 24 hours of receipt of notice. DESIGN / BUILD
FIRM will conduct a timely investigation of the claim and determine if they will
honor claim and/or report to their insurance carrier and provide periodic
updates, each quarter, until final disposition of claims. The DESIGN / BUILD
FIRM will advise the CITY in writing of its decision/referral to carrier.
1.26 PERMITS
A. It shall be the DESIGN / BUILD FIRM's responsibility to secure all permits of
every description required to initiate and complete the work under this Contract,
except for permits obtained by the CITY.
B. The DESIGN / BUILD FIRM shall furnish signed and sealed sets of Contract
Documents for permit use as required.
C. The DESIGN / BUILD FIRM shall furnish to the DESIGN CRITERIA
PROFESSIONAL and CITY copies of all permits prior to commencement of
work requiring permits.
D. The DESIGN / BUILD FIRM shall be responsible for procuring extension
permits as required throughout the duration of the project. An allowance for
Permit Fees is included in the Schedule of Price Bid.
1.27 DIMENSIONS OF EXISTING FACILITIES
A. Where the dimensions and locations of existing improvements are of critical
importance in the installation or connection of new work, the DESIGN / BUILD
FIRM shall verify such dimensions and locations in the field prior to the
fabrication and/or installation of materials or equipment which are dependent on
the correctness of such information.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
BID NO • Bd,No CITY OF MIAMI BEACH
DATE: April 27, 2016 DCP-23 West Avenue Bridge
Attachment—C
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
for
X
This is an Agreement (the "Agreement") between the CITY OF MIAMI BEACH, FLORIDA, a not
for profit corporation of the State of Florida, its successors and assigns, hereinafter referred to
as "CITY."
AND
, its successors and assigns, hereinafter referred to as "DESIGN/BUILD FIRM."
WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CITY and DESIGN/BUILD FIRM agree as follows:
ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and provisions
which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true
and correct and are agreed upon by the parties.
Whenever the following terms or pronouns in place of them appear in this Agreement the intent
and meaning shall be interpreted as follows:
1.00 Applicable Laws: All federal, state, county, and local statutes, codes, laws, rules,
regulations, ordinances, orders and standards applicable to the Project and any other such law
hereafter enacted, and any rules adopted pursuant thereto, as all such laws may be amended
from time to time to perform the Work
1.01 Change Order: To the extent permitted under this Agreement, a fully executed written
document authorizing a change in the Contract Price or Contract Time or a material change in
the Work.
1.02 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
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
governmental body and shall not be attributable in any manner to CITY as a party to this
Contract.
1.03 City Commission: City Commission shall mean the governing and legislative body of the
CITY.
1.04 City Manager: City Manager shall mean the Chief Administrative Officer of the CITY.
1.05 Construction Documents Phase: The phase in which DESIGN/BUILD FIRM will consult
with the Contract Administrator and prepare the Construction Documents for the Project, based
upon the DCP, for review and approval of the CITY (including, without limitation, any and all
applicable CITY departments) and any applicable regulatory agencies.
1.06 Construction Manager: The Construction Manager is the authorized individual or firm
which is the representative of DESIGN/BUILD FIRM who will administer/manage the
construction effort on behalf of the DESIGN/BUILD FIRM.
1.07 Construction Manager Representative: An authorized representative of Construction
Manager assigned to the Project site to perform those services detailed in Article 17.
1.08 Construction Phase. The phase of services which constitutes DESIGN/BUILD FIRM's
administration of the construction of the Project and all activities necessary for the completion of
the Project.
1.09 Consultant: The registered architect, professional engineer, professional land surveyor,
civil engineer, architect and/or registered landscape architect who has contracted with or who is
employed by DESIGN/BUILD FIRM to provide professional services for the design of the Project
and who is licensed by the State of Florida to provide said services
1.10 Contract: This Agreement and all addenda, exhibits and amendments thereto between
the CITY and the DESIGN/BUILD FIRM for this Project, all as defined herein. Contract shall
also mean the same as Agreement.
1.11 Contract Administrator: The CITY's Capital Improvement Projects Office Director, or his
designee, shall be designated as the Contract Administrator for matters concerning the
Agreement.
1.12 Contract Documents: This Agreement, as approved by the Mayor and City Commission,
pursuant to and subject to the conditions of City Resolution No. 2013-xxxxx, and executed by
the Mayor and City Clerk, and any addendums, exhibits or amendments thereto; Change
Orders; the performance bond and payment bonds; the DCP; the Construction Documents,
including but not limited to, Plans and Specifications (as approved and permitted) as prepared
by the DESIGN/BUILD FIRM in general accordance with the DCP, computerized Critical Path
Method (CPM) Project Schedule and Schedule of Values; and any additional documents the
submission of which is required by this Agreement. When reference is made in the Contract
Documents to publications, standards or codes issued by associations or societies, the intent
shall be to specify the current or adopted edition of such publication or standard including
revision and effect on the date of the issuance of all applicable permits.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
1.13 Contract Time: The original time between Project commencement and Project
completion, including any milestone dates thereof, established in Article 6 of the Contract, as
may be amended by Change Order.
1.14 Contract Price: The Guaranteed Maximum Price agreed to between DESIGN/BUILD
FIRM and the CITY. The Contract Price is not subject to increase, except as expressly allowed
within the Contract Documents.
1.15 Design/Build Firm: , its successors and assigns, is the DESIGN/BUILD
FIRM selected to perform the Work pursuant to this Agreement, and is the person, firm or
corporation liable for the acceptable performance of, and payment of all legal debts pertaining
to, the Project. All references in the Contract Documents to third parties under contract or
control of DESIGN/BUILD FIRM shall be deemed to be a reference to DESIGN/BUILD FIRM.
The DESIGN/BUILD FIRM will be responsible for the provision, installation, and performance of
all equipment, materials, and services offered. The DESIGN/BUILD FIRM is in no way relieved
of the responsibility for the performance of all equipment furnished.
1.16 Design Criteria Package (DCP): DCP shall mean those certain conceptual plans and
specifications and performance oriented drawings or specifications of the Project, as prepared
and sealed by the Design Criteria Professional, and in compliance with the requirements of
Section 287.055, Florida Statutes.
1.17 Design Criteria Professional: Design Criteria Professional shall mean the individual or
entity who/which holds a current certificate as a registered engineer under Chapter 471 to
practice engineering and who is employed by or retained by the CITY to provide professional
services in compliance with the requirements of Section 287.055, Florida Statutes, and in
connection with the preparation of the DCP; who shall review and provide recommendations
regarding the Construction Documents prepared by the DESIGN/BUILD FIRM for the Project;
and evaluate compliance of Project construction with the DCP.
1.18 Field Order: A written order issued by the Contract Administrator or Project Manager
which orders minor changes in the Project but which does not involve a change in the Contract
Price or Contract Time or a material change in the Work.
1.19 Final Completion: The date certified by the Project Manager or the Design Criteria
Professional that all conditions of the permits and regulatory agencies have been met; all
construction, including corrective and punch list work, has been performed; all administrative
requirements of the Contract Documents have been completed; and CITY has received from
DESIGN/BUILD FIRM all necessary documentation, as deemed by the CITY, including but not
limited to the following: all final releases of liens, consent of surety, release of claims by
DESIGN/BUILD FIRM, corrected as-built drawings, a final bill of materials, executed final
adjusting Change Order, final invoice, "before and after" electronic DVD's (including, without
limitation, electronic DVD's of stormwater lines and outfalls within the Project limits), copies of
pertinent test results, correspondence, warranties, guarantees, operational manuals, spare
parts, service contracts and tools.
1.20 [Intentionally Deleted].
1.21 Contractor: , its successors and assigns (the DESIGN-BUILD FIRM) shall
also be the general contractor which shall perform the Work pursuant to this Agreement.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
1.22 Hazardous Materials: As used in this Contract the term "Hazardous Materials" means
any chemical, compound, material, substance or other matter that:
(a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine,
bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious
material, whether injurious or potentially injurious by itself or in combination with
other materials;
(b) is controlled, referred to, designated in or governed by any Hazardous Materials
Laws;
(c) gives rise to any reporting, notice or publication requirements under any
Hazardous Materials Laws, or
(d) is any other material or substance giving rise to any liability, responsibility or duty
upon the CITY with respect to any third person under any Hazardous Materials
Law.
1.23 Hazardous Materials Laws: As used in this Contract, the term "Hazardous Materials'
Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders,
regulations or court decisions (including the so called "common law"), including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. §§9601 et seq.), the Hazardous Materials Transportation Act, as amended
(49 U.S.C. §§1801 et seq.), and the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. §§6901 et seq.), relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, environmental conditions on, under or about the Premises,
soil and ground water conditions or other similar substances or conditions.
1.24 Material(s): Material(s) incorporated in this Project or used or consumed in the
performance of the Work.
1.25 GUARANTEED MAXIMUM PRICE: THE MUTUALLY AGREED UPON CONTRACT
PRICE TO BE PAID TO THE DESIGN/BUILD FIRM, AND THAT THE DESIGN / BUILD FIRM
GUARANTEES NOT TO EXCEED, FOR ALL LABOR, EQUIPMENT, AND MATERIALS TO
DESIGN, PERMIT, ADMINISTER, COORDINATE, INSPECT, CONSTRUCT, AND INSTALL
THE PROJECT WITHIN THE CONTRACT TIME. THE GUARANTEED MAXIMUM PRICE IS
NOT SUBJECT TO INCREASE, EXCEPT AS EXPRESSLY ALLOWED WITHIN THE
CONTRACT DOCUMENTS.
1.26 Notice-to-Proceed: A written document issued by the Contract Administrator informing
the DESIGN/BUILD FIRM to officially begin the Project.
1.27 Plans and Specifications: The official graphic and descriptive representations of the
Project which, upon written approval of CITY, shall become a part of the Contract
Documents.1.28 Project: The DESIGN/BUILD FIRM will be responsible for the design,
permitting, construction and construction management associated with the rehabilitation and
restoration of the historic London House Project. The Project limits consist of the properties
located at 1965 & 1975 Washington Avenue. A DCP has been prepared by the Design Criteria
Professional and includes and/or references in such DCP, as the case may be, conceptual
construction drawings and technical specifications for the exterior Architectural Features,
Structural Shell (including sheathing), Site Construction, Concrete, Masonry, Rough and Finish
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
Carpentry, Thermal and moisture protection, Doors and Windows, Interior Finishes, Equipment,
Conveying Systems, Plumbing, Mechanical and Electrical.
The DESIGN/BUILD FIRM shall obtain all necessary permits for the construction of the Project
including, but not limited to, the following: Miami-Dade Department of Health, Miami-Dade
Department of Environmental Resources Management, and the CITY's regulatory departments
(i.e. Public Works, Fire, Building, etc.).
1.29 Project Manager: An authorized representative of CITY, who may be a CITY employee
or a Resident Project Representative assigned to the Project by the CITY, assigned to make
necessary observations of materials furnished by DESIGN/BUILD FIRM and of the Work
performed by DESIGN/BUILD FIRM as detailed in Subsection 5.06.
1.30 Shop Drawings: Drawings, diagrams and schedules, and other data specially prepared
by the DESIGN/BUILD FIRM or its Subcontractors, sub-Subcontractors, manufacturer, supplier
or distributor to illustrate some portion of the Work.
1.31 Subconsultant: The person or entity who is a registered architect, professional engineer,
professional land surveyor, and/or registered landscape architect having a contract with
Consultant to provide professional services for the design of the Project and who is licensed by
the State of Florida to provide said services.
1.32 Subcontractor: The person or entity having a direct contract with DESIGN/BUILD FIRM
including one who furnishes material worked to a special design according to the Contract
Documents for this Project, but does not include one who merely furnishes materials not so
worked.
1.33 Substantial Completion: Subject to the requirements of Article 41, the date(s) certified
by the Contract Administrator that all conditions of the permits and regulatory agencies have
been met for the CITY's intended use of the Project, and all construction has been performed
therein in accordance with the Contract Documents so CITY can fully occupy or utilize, as
opposed to partially occupy or utilize, the Project for its intended purpose. At a minimum, a
Certificate of Substantial Completion is one of the requirements for Substantial Completion.
1.34 Surety: The surety company or individual which is bound by the performance bond and
payment bonds with and for DESIGN/BUILD FIRM who is primarily liable and which surety
company or individual is responsible for DESIGN/BUILD FIRM's acceptable performance of the
Work under the Contract and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.35 Utilities: The public or private systems on the Project site for rendering electrical power,
light, heat, gas, water, communication, sewage systems, and the like.
1.36 Work: The completed construction required by the Contract Documents, as permitted,
including all labor necessary to produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
ARTICLE 2 GENERAL PROVISIONS
2.01 Generally: DESIGN/BUILD FIRM hereby agrees to furnish all of the labor, Materials,
equipment, Work, services, and incidentals necessary to perform all of the Work described in
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
the Contract Documents, and related thereto for the Project, for the Guaranteed Maximum
Price.
2.02 Relationship of CITY and DESIGN/BUILD FIRM: The DESIGN/BUILD FIRM accepts the
relationship of trust and confidence established between it and the CITY by this Agreement.
The DESIGN/BUILD FIRM represents that it will furnish its best skill and judgment in performing
the Work, and shall always act to further the interest of the CITY in the expeditious completion
of the Project at the lowest cost to the CITY, and in strict accordance with the Contract
Documents and prudent and customary construction practices.
By signing this Contract, the DESIGN/BUILD FIRM accepts a fiduciary duty with the CITY and
warrants and represents to the CITY that the DESIGN/BUILD FIRM: (a) has all licenses and
certifications required by Applicable Laws; (b) is experienced in all aspects of pre-construction
and construction planning for projects similar to the Project; (c) will act in the CITY'S highest
and best interests in performing the Work; and (d) that no employee or affiliate of the
DESIGN/BUILD FIRM, including all Subconsultants, Subcontractors, and suppliers, at any tier,
has been convicted of a public entity crime, fraud, theft and/or a property damage crime within
the preceding thirty-six (36) months from the time this Contract is executed, pursuant to Section
287.133, Florida Statutes.
2.03 Intention of CITY: It is the intent of CITY to describe in this Agreement and the DCP a
functionally complete Project to be designed and constructed in accordance with the Contract
Documents, for the Guaranteed Maximum Price, and in accordance to all Applicable Laws
governing construction of the Project. Any Work, services, Materials, or equipment that may
reasonably be inferred from the Agreement and the DCP as being required to produce the
intended result shall be supplied by DESIGN/BUILD FIRM 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 associations, or to the laws or regulations of any governmental authority, whether such
reference is specific or by implication, shall mean the latest standard specification, manual,
code or laws or regulations in effect at the time of issuance of all applicable permits. If a conflict
exists between two or more referenced standards, the most stringent shall apply. The CITY
shall have no duties other than those duties and obligations expressly set forth within the
Agreement and the DCP.
2.04 Preliminary Matters:
2.04.01 Within five (5) calendar days prior to the pre-construction meeting
described in Subsection 2.04.02, DESIGN/BUILD FIRM shall submit the following to
Project Manager, for Project Manager's review and approval:
2.04.01.01 A CPM Project "Base Line" Schedule inclusive of all
contract scope, one (1) copy on a CD, and one (1) hard copy (activities
arranged in "waterfall"), in the indicated form for final review and approval:
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
( ) Bar Chart
( ) Modified CPM
() CPM
(X) Computerized CPM using the latest edition of the Primavera
software
(CPM shall be interpreted to be generally as outlined in the Association of
General Contractors AGC publication, "The Use of CPM in
( ) P
Construction.")
DESIGN/BUILD FIRM shall provide a preliminary man loaded, logic
based CPM Project "Base Line" Schedule using "Early Start" and "Early
Finish" dates for each activity. The DESIGN/BUILD FIRM shall include, in
addition to normal work activity input, input that encompasses all
submittal approvals; delivery durations for important materials and/or
equipment; logic relationships of activities, including physical and site
restraints; and shall clearly identify the Project's critical path. This input
shall be precedence based CPM scheduling using the most recent
version of Primavera software. DESIGN/BUILD FIRM shall provide
Project Manager with a copy of the software.
The preliminary CPM Project "Base Line" Schedule, when submitted,
shall have attached a program-generated error re ort stating that no
P 9
errors exist in the schedule.
DESIGN/BUILD FIRM shall submit monthly, with each requisition for
payment, an update of the CPM Project Schedule (with a program-
generated error report stating that no errors exist in the schedule and that
does not revise the CPM Project "Base Line" Schedule's Substantial
Completion or Final Completion date) showing the progress for the
month. DESIGN/BUILD FIRM SHALL SUBMIT ONE HARD COPY AND
ONE ELECTRONIC COPY. In addition to the CPM Project "Base Line"
Schedule, DESIGN/BUILD FIRM shall include a narrative report of the
month's progress, an explanation of any delays and or additions/deletions
to activities.
It is strongly recommended that DESIGN/BUILD FIRM hire a seasoned
professional, in the use of Primavera, to develop and update the
Primavera CPM Project"Base Line" Schedule.
DESIGN/BUILD FIRM shall 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 CPM Project"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.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
The CPM Project "Base Line" Schedule shall be the basis of the
DESIGN/BUILD FIRM's Work and shall be complied with in all respects.
If the DESIGN/BUILD FIRM's Work becomes more than (30) days behind
schedule DESIGN/BUILD FIRM shall be required to submit a "Make-Up"
schedule to Project Manager, for review and approval, that demonstrates
"Catch Up" within thirty (30) days. DESIGN/BUILD FIRM shall provide, at
DESIGN/BUILD FIRM's sole expense, 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 DESIGN/BUILD FIRM.
2.04.01.02 After award, but prior to the submission of the final CPM
Project "Base Line" Schedule, Project Manager, Contract Administrator
and DESIGN/BUILD FIRM shall meet with all utility owners and secure
from them a schedule of utility relocation; provided, however, that CITY
shall not be responsible for non-performance by the utility owners.
2.04.01.03 A preliminary schedule of Shop Drawing submissions; and
2.04.01.04 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
DESIGN/BUILD FIRM at the time of submission.
2.04.02 At a time specified by Project Manager, but before DESIGN/BUILD FIRM
commences the Work at the Project site, a conference attended by DESIGN/BUILD
FIRM, Project Manager and others, as deemed appropriate by Contract Administrator,
will be held to discuss the schedules referred to in Subsection 2.04.01; to discuss
procedures for handling Shop Drawings and other submittals; for processing requisitions
for payment; and to establish a working understanding among the parties as to the
Work.
2.04.03 Within thirty-five (35) days from the Project Initiation Date (as set forth in
y ( ) Y Project �
the first Notice-to-Proceed), a conference attended by DESIGN/BUILD FIRM, Project
Manager and others, as deemed appropriate by Contract Administrator, will be held to
finalize the schedules submitted in accordance with Subsection 2.04.01. Within forty-
five (45) days after the Project Initiation Date (as set forth in the first Notice-to-Proceed),
the DESIGN/BUILD FIRM shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for Project Manager
review. The finalized CPM Project "Base Line" Schedule will be accepted by Project
Manager 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 the
means or methods of construction or of the sequencing or scheduling of the Work, and
such acceptance will not impose on the CITY responsibility for the progress or
scheduling of the Work, nor relieve DESIGN/BUILD FIRM from full responsibility
therefore. The finalized schedule of Shop Drawing submissions must be acceptable to
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
Project Manager as providing a workable arrangement for processing the submissions.
The finalized Schedule of Values pursuant to Subsection 2.04.01.03 above must be
acceptable to Project Manager as to form and substance.
2.05 The DESIGN/BUILD FIRM agrees that the Work shall be performed in a good and
professional manner, free from defects in Materials and workmanship, conflicts, and that all
Materials shall be new and approved by and acceptable to the Project Manager and Contract
Administrator, except as otherwise expressly provided for in the Contract Documents. The
DESIGN/BUILD FIRM shall cause all Materials and other parts of the Work to be readily
available as and when required or needed for or in connection with the construction, furnishing
and equipping of the Project improvements.
ARTICLE 3 INTENTION OF AGREEMENT
It is the intent of the Agreement and the DCP to describe a functionally complete Project to be
designed and constructed by the DESIGN/BUILD FIRM in accordance with the Contract
Documents and for the Guaranteed Maximum Price. Any Work, Materials, services or
equipment that may reasonably be inferred from the Contract Documents, as being required to
produce the intended result will be supplied 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
Applicable Laws including, without limitation, reference to standard specifications, manuals or
codes of any technical society, organization or association, or to laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall mean the
standard specification, manual, code, laws or regulations in effect at the time of issuance of all
applicable permits. Applicable Laws that may be changed after a permit is issued may result in
additional compensation should additional Work or services be required on behalf of the
DESIGN/BUILD FIRM.
ARTICLE 4 CONTRACT DOCUMENTS
4.01 The Contract Documents shall be followed as to Work, Materials, and dimensions except
when the Contract Administrator may authorize, in his/her sole discretion, and in writing, an
exception.
4.02 Dimensions given in figures are to hold preference over scaled measurements from the
drawings; however, all discrepancies shall be decided upon by the Consultant, with concurrent
written notice to Contract Administrator and Project Manager. DESIGN/BUILD FIRM shall not
proceed when in doubt as to any dimension or measurement but shall seek clarification from the
Consultant, with concurrent written notice to Contract Administrator and Project Manager.
4.03 DESIGN/BUILD FIRM shall maintain four (4) copies of the Contract Documents; two (2)
of which shall be preserved and always kept accessible at the site for the Contract
Administrator, Project Manager, and/or their authorized representatives.
4.04 This Contract incorporates by reference the Contract Documents defined in Subsection
1.12. The following documents listed in Subsection 1.12 have the following order of
precedence, beginning with the most important:
1. This Agreement(Contract) and all exhibits, addendums, and amendments thereto;
2. Change Orders (to the extent permitted under this Agreement);
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
3. The Specifications (approved and permitted);
4. The Plans (approved and permitted);
5. The DCP;
6. CPM Project Schedule and Schedule of Values.
ARTICLE 5 SCOPE OF WORK
5.01 DESIGN/BUILD FIRM hereby agrees to complete the Project generally described by the
DCP, including furnishing all preliminary study designs, drawings and specifications, job site
inspection, administration of construction, engineering, architecture, landscape architecture, and
land surveying services, labor, materials, equipment and other services necessary to perform all
of the Work described in the Contract Documents, to be prepared by the DESIGN/BUILD FIRM,
including drawings and addenda thereto for the construction of the Project, to be constructed in
accordance with the requirements and provisions of said Contract Documents and for the
Guaranteed Maximum Price.
5.02 DESIGN/BUILD FIRM agrees to meet with Contract Administrator and/or Project
Manager or their designees at reasonable times and with reasonable notice.
5.03 Prior to the Final Completion of construction services under this Agreement, and as a
condition precedent to final payment, there shall be established a record set of Plans and
Specifications, on reproducible vellum and on CD Rom, noncompressed, formatted in the latest
version of AutoCAD, which shall bear the approvals of DESIGN/BUILD FIRM and Contract
Administrator. Such approval shall be indicated by the written signature of both parties. In
addition, prior to the commencement of construction services under this Agreement,
DESIGN/BUILD FIRM shall submit to the Contract Administrator a CPM Project "Base Line"
Schedule, and such other items as required in Subsection 2.04.03, for the planning and
execution of the Construction Phase of the Project, for prior written approval by Project
Manager.
5.04 DESIGN/BUILD FIRM herein represents that Construction Manager, at a minimum, will
provide the following services:
5.04.01 At least thirty (30) days prior to the commencement of the Construction
Phase of the Project, the DESIGN/BUILD FIRM will identify and provide the
qualifications of a suitably qualified and experienced Construction Manager who will be
full time, on site at the Project.
5.04.02 DESIGN/BUILD FIRM will use reasonable efforts to have the same
Construction Manager on the Project full time to its conclusion, and any new
representative will first be approved in writing by Contract Administrator before
permanent assignment. Approval shall not be unreasonably withheld.
5.04.03 The Construction Manager will conduct weekly on-site meetings with the
Contractor and its Subcontractors at regular times, as previously agreed upon and
approved by the Project Manager, and shall issue weekly reports on the progress of the
Work and the minutes of the previous meeting.
5.04.04 Construction Manager will administer the Contractor's Work.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
5.04.05 The Construction Manager shall maintain and monitor the CPM Project
Schedule, subject to Project Manager's prior written approval, and implement updates as
required.
5.04.06 The Construction Manager shall coordinate the processing of shop
drawings and material submittals.
5.04.07 The Construction Manager will endeavor to achieve satisfactory
performance by Contractor and, if required, will require corrections to Contractor's Work
including, but not limited to, maintaining punch lists and observing testing.
5.04.08 The Construction Manager will monitor the cost of the Project, including
payment applications and the preparation thereof.
5.04.09 The Construction Manager will assist in the preparation of record
drawings, and shall transmit to the Consultant requests for additional information
concerning the design. In addition, the Project Manager shall be copied on these
requests for monitoring purposes.
5.04.10 The Construction Manager will observe testing and start-up activities of
machinery and utilities.
5.04.11 The Construction Manager will secure all equipment brochures and
warranties from the Contractor.
5.04.12 The Construction Manager will coordinate the correction and completion
of the Work including that required by the punch list.
5.05 DESIGN/BUILD FIRM herein represents that Consultant, at a minimum, will provide the
following services:
5.05.01 Consultant shall perform all of the architectural and engineering services
necessary to describe, detail and design the Project in accordance with the Contract
Documents.
5.05.02 Consultant shall design the Project so as to comply with all Applicable
Laws.
5.05.03 Consultant shall prepare the Plans and Specifications, as well as obtain
all required and necessary reviews and approvals (or take other appropriate action
upon) for same, and/or other submittals ,including, but not limited to, shop drawings,
product data, and samples.
Consultant shall also submit the Plans and Specifications to the Design Criteria
Professional, with a copy to Contract Administrator, for his/her review and written
approval. Design Criteria Professional shall expeditiously review and approve the Plans
and Specifications in accordance with the accepted Project Schedule. Design Criteria
Professional's approval of the Plans and Specifications shall not constitute acceptance
of any design work which does not comply with Applicable Laws, the DCP, and/or with
the terms of this Contract. Except as provided in, and to the extent limited by, the
preceding sentence, the approval of the Plans and Specifications by the Design Criteria
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
Professional, shall constitute a representation by the Design Criteria Professional that
the Project, if constructed as required by the Contract Documents, will be sufficient for its
purposes. The Plans and Specifications shall include technical drawings, schedules,
diagrams, and specifications setting forth in detail the requirements for construction of
the Project; provide information necessary for the use of Contractor, Subcontractors, and
those in the building trade; and include documents necessary for regulatory agency and
other governmental approvals.
5.05.04 Consultant shall prepare construction change directives, if necessary, at
no additional cost to CITY, and authorize minor changes in the Work, as provided in the
Contract Documents.
5.05.05 Consultant shall receive and review for compliance with the Contract
Documents all written warranties and related documents required hereby to be
assembled upon Substantial Completion and issue Applications for Payment performed
in compliance with the requirements of the Contract Documents;
5.05.06 The approved and permitted Plans and Specifications, shall constitute a
representation by Consultant to CITY that the Project, if constructed as required by the
Contract Documents, will be sufficient for its purposes. The Plans and Specifications
shall include technical drawings, schedules, diagrams, and specifications setting forth in
detail the requirements for construction of the Project; provide information necessary for
the use of Contractor, Subcontractors, and those in the building trade; and include
documents necessary for regulatory agency and other governmental approvals.
5.06 Project Manager will provide the following services:
5.06.01 The Project Manager shall review Applications for Payment and
coordinate the processing thereof with the CITY.
5.06.02 The Project Manager shall monitor the schedule(s).
5.06.03 The Project Manager shall track, log and review all required Project
related documents and subsequently address any and all concerns with DESIGN /
BUILD FIRM.
5.06.04 The Project Manager shall review and observe the Work and testing
thereof for general conformance and compliance with the intent of the DCP.
5.06.05 The Project Manager shall attend all required meetings and maintain
and distribute meeting minutes, with the exception of weekly construction progress
meetings as noted in 5.04.03.
5.06.06 At all times the Project Manager will act as liaison between the parties to
this Agreement, and Contract Administrator.
ARTICLE 6' COMPLETION`DATE
6.01 Time is of the essence for the DESIGN/BUILD FIRM'S performance of the Work
pursuant to this Contract. The DESIGN/BUILD FIRM agrees to complete the Work in
accordance with the accepted CPM Project Schedule and to achieve Substantial Completion of
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
the Work, in accordance with this Contract, and within the Contract Time. DESIGN/BUILD
FIRM acknowledges that failure to achieve Substantial Completion will result in substantial
damages to the CITY, such as loss of beneficial use and/or occupancy of the Project.
Completion of the Work shall be achieved no later than thirty (30) calendar days after issuance
of a Certificate of Substantial Completion by the Contract Administrator.
6.02 DESIGN/BUILD FIRM shall be instructed to commence the Work by written instructions
in the form of a Purchase Order issued by the CITY's Procurement Director, and Notices-to-
Proceed issued by the Contract Administrator. As contemplated in subsection 6.02.01 hereof,
and following the issuance of the first Notice-to-Proceed, the City's intent is to issue multiple
Notices-to-Proceed for the construction phase of this Contract. DESIGN/BUILD FIRM shall
commence designing, 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 DESIGN/BUILD FIRM'S submission to CITY of all required documents and after
execution of the Contract by both parties.
6.02.01.1 The CITY may issue phased (i.e. multiple) Notices to Proceed for the
construction phase based on the receipt of permits from the respective regulatory
agencies. The receipt of all necessary permits by DESIGN/BUILD FIRM and
review, approval, and acceptance of the CPM Project Schedule by CITY, in
accordance with the technical specifications, submittal schedule, and Schedule
of Values, is a condition precedent to the issuance of any subsequent Notices-to-
Proceed to mobilize on the Project site and commence with physical construction
work. DESIGN/BUILD FIRM shall bear the responsibility for all re-work, including
design and permitting costs, should the respective regulatory agencies require.
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.
6.02.02 The DESIGN / BUILD FIRM shall complete the design phase for the building
located at 1965 Washington Ave within 30 calendar days of the Notice-to-Proceed
No. 1.
6.02.03 The DESIGN / BUILD FIRM shall complete the permitting and construction phase
for the building located at1965 Washington Ave and be substantially complete
within 180 calendar days from issuance of a Notice-to-Proceed No. 2.
6.02.04 The DESIGN / BUILD FIRM shall complete the design phase for the building
located at 1975 Washington Ave within 90 calendar days of the Notice-to-Proceed
No. 1.
6.02.05 The DESIGN / BUILD FIRM shall complete the permitting and construction phase
for the building located at 1975 Washington Ave and be substantially complete
within 360 calendar days from issuance of Notice-to-Proceed No. 3.
6.03 TIME IS OF THE ESSENCE THROUGHOUT THIS CONTRACT. THE WORK SHALL
BE SUBSTANTIALLY COMPLETED FOR THE BUILDING LOCATED AT 1965
WASHINGTON AVE WITHIN ONE HUNDRED EIGHTY (180) CALENDAR DAYS FROM THE
DATE SPECIFIED IN THE SECOND NOTICE-TO-PROCEED; THE WORK SHALL BE
SUBSTANTIALLY COMPLETED FOR THE BUILDING LOCATED AT 1975 WASHINGTON
AVE WITHIN THREE HUNDRED SIXTY (360) CALENDAR DAYS FROM THE DATE
SPECIFIED IN THE THIRD NOTICE-TO-PROCEED (I.E. WITHIN FOUR HUNDRED
EIGHTY(480) CALENDAR DAYS FROM THE PROJECT INITIATION DATE), AND
COMPLETED AND READY FOR FINAL PAYMENT IN ACCORDANCE WITH ARTICLE 8,
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE CERTIFIED BY CONTRACT
ADMINISTRATOR AS THE DATE OF SUBSTANTIAL COMPLETION.
6.04 Upon failure of DESIGN/BUILD FIRM to substantially complete the entire Contract within
the total specified period of time, plus approved time extensions, DESIGN/BUILD FIRM shall
pay to CITY the sum of One Thousand Dollars ($ 1,000.00)for each calendar day after the time
specified in Article 6 (plus any approved time extensions) for Substantial Completion on the
entire Project. After Substantial Completion, should DESIGN/BUILD FIRM fail to complete the
remaining Work within ten (10) calendar days after said thirty (30) calendars day period for
completion and readiness for final payment, DESIGN/BUILD FIRM shall pay to CITY the sum of
One Thousand Dollars ($ 1,000.00) for each calendar day after said ten (10) calendar day
period, for completion and readiness for final payment. The time frame for liquidated damages
shall not commence and thus shall not be tolled until the Contract Administrator submits the
punch list to the DESIGN/BUILD FIRM. 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 DESIGN/BUILD
FIRM to complete the Contract on time.
6.05 CITY is authorized to deduct liquidated damages from monies withheld due to
q 9
DESIGN/BUILD FIRM for the Work under this Contract or as much thereof as CITY may, in its
sole discretion, deem just and reasonable. The CITY shall first deduct the liquidated damages
from the monies referenced in Subsection 8.02.
6.06 DESIGN/BUILD FIRM shall be responsible for reimbursing CITY, in addition to liquidated
damages, for all costs incurred by Project Manager in administering the construction of the
Project beyond the completion date specified above. All such costs shall be deducted from the
monies due DESIGN/BUILD FIRM for performance of Work under this Contract by means of
unilateral credit Change Orders issued by CITY as costs are incurred by Project Manager and
agreed to by Contract Administrator.
ARTICLE 7 DESIGN/BUILD FIRM'S RESPONSIBILITY
7.01 The parties acknowledge and agree that the DESIGN/BUILD FIRM will be responsible
for the design, permitting, construction, and the construction management associated with the
rehabilitation and restoration of the two (2) historic London House apartment buildings located
respectively at 1965 Washington Ave and 1975 Washington Ave, using those necessary
construction activities that include but is not limited to work on the exterior Architectural
Features, Structural Shell (including sheathing), Site Construction, Concrete, Masonry, Rough
and Finish Carpentry, Thermal and Moisture Protection, Doors and Windows, Interior Finishes,
Equipment, Conveying Systems, Plumbing, Mechanical and Electrical.
7.02 DESIGN/BUILD FIRM shall be fully responsible for applying for and securing all permits
and approvals from all governmental authorities having jurisdiction over the Project. All permits
and licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Project by DESIGN/BUILD FIRM pursuant to this Agreement shall be
secured and paid for by DESIGN/BUILD FIRM. It is DESIGN/BUILD FIRM'S responsibility to
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
have and maintain appropriate certificate(s) of competency, valid for the Work to be performed
and for all persons working on the Project for whom a certificate of competency is required.
7.03 DESIGN/BUILD FIRM shall be fully responsible for the actions of all its agents, servants,
employees including, but not limited to: the Contractor, Consultant, Subcontractors,
Subconsultants, sub-Subcontractors, sub-Subconsultants, material persons (pursuant to
Chapter 713, Florida Statutes), and any and all other persons working for it in conjunction with
the design and construction of the Project.
7.04 DESIGN/BUILD FIRM shall be fully responsible for all acts or omissions of its
Contractor, Consultant, Subcontractors, Subconsultants, sub-Subcontractors, sub-
Subconsultants, material persons, and any and all other persons working for DESIGN/BUILD
FIRM in conjunction with the design and construction of the Project; any and all persons working
for Contractor, Consultant, Subcontractors or Subconsultant; and any and all persons for whose
acts any of the aforestated may be liable, to the same extent DESIGN/BUILD FIRM is
responsible for the acts and omissions of persons directly employed by DESIGN/BUILD FIRM.
Nothing in this Agreement shall create any contractual relationship between CITY and
Consultant, or CITY and any Subcontractor, Subconsultant, sub-Subcontractor, sub-
Subconsultant, or any other person working either for DESIGN/BUILD FIRM or for any of the
aforestated parties in conjunction with the design and construction of the Project; including,
without limitation, any obligation on the part of CITY to pay or to see to the payment of any
monies due to any of the aforestated parties.
7.05 DESIGN/BUILD FIRM agrees to bind its Consultant, Subcontractors, and
Subconsultants to the applicable terms and conditions of this Agreement for the benefit of CITY.
7.06 Unless otherwise provided herein, DESIGN/BUILD FIRM shall provide and pay for all
architecture, engineering, landscape architecture, land surveying services, Materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services necessary
for the proper execution and completion of the design and construction of the Project, whether
temporary or permanent, and whether or not incorporated or to be incorporated in the Project.
7.07 DESIGN/BUILD FIRM shall at all times enforce strict discipline and good order among its
employees, Consultants, Subcontractors and Subconsultants at the Project site, and shall not
employ on the Project any unfit person or anyone not skilled in the work and/or services
assigned to him or her.
7.08 [Intentionally omitted]
7.09 DESIGN/BUILD FIRM shall keep itself fully informed of, and shall take into account and
comply with any and all Applicable Laws affecting those engaged or employed in the Project; or
the Materials used or employed in the design and construction of the Project; or in any way
affecting the conduct of the Project; including, without limitation, all such orders and decrees of
bodies or tribunals having any jurisdiction or authority over the same and of all provisions
required by law to be made a part of this Agreement, all of which provisions are hereby
incorporated by reference and made a part hereof. If any specification or contract for this Project
is in violation of any such Applicable Laws, DESIGN/BUILD.FIRM shall forthwith report the
same to the Contract Administrator in writing. DESIGN/BUILD FIRM shall cause all its
employees, agents, Consultant, Subcontractors, Subconsultants, and sub-Subcontractors to
observe and comply with all Applicable Laws.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
7.10 In the event of a change after the issuance of any applicable permit for the Project in any
Applicable Law which in any manner affects the Project, DESIGN/BUILD FIRM shall advise the
Contract Administrator, in writing, and the Contract Administrator may initiate a Changer Order
request to the DESIGN/BUILD FIRM and process a Change Order, the purpose of which shall
be to bring the Project into compliance with such Applicable Law, as amended or enacted.
7.11 DESIGN/BUILD FIRM shall pay all applicable sales, consumer, use and other taxes
required by law. DESIGN/BUILD FIRM is responsible for reviewing the pertinent State statutes
involving State taxes and complying with all requirements.
7.12 CITY shall have the right to inspect and copy, at CITY'S expense, the books and records
and accounts of the DESIGN BUILD/FIRM which directly relate to the Project, and to any claim
for additional compensation made by the DESIGN BUILD/FIRM, and to conduct an audit of the
financial and accounting records of the DESIGN BUILD/FIRM which relate to the Project and to
any claim for additional compensation made by the DESIGN BUILD/FIRM. DESIGN
BUILD/FIRM shall retain and make available to CITY all such books and records and accounts
or portions thereof, 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, the DESIGN BUILD/FIRM shall
provide CITY access to its books and records subject to this section upon three (3) business
day's written notice.
7.13 The DESIGN/BUILD FIRM shall perform the Work and complete the Project for the
Guaranteed Maximum Price, in accordance with the Contract Documents, and shall achieve
Substantial Completion of the Work within the Contract Time. Completion of the Work shall be
achieved no later than thirty (30) calendar days after issuance of a Certificate of Substantial
Completion, as referenced by Article 6 of the Contract.
7.14 DESIGN/BUILD FIRM shall furnish efficient business administration, coordination,
management and supervision of the Work and services required to complete the Project, and
shall cooperate with the Project Manager and the Contract Administrator, and their respective
representatives, in furthering the interests of CITY in the expeditious completion of the Project at
the lowest cost to CITY, consistent with the requirements of the Contract Documents and
prudent and customary construction practices.
7.14.01 The DESIGN/BUILD FIRM shall perform the Work, and shall cause
Contractor and Subcontractors to perform the Work, in strict accordance with all
Applicable Laws. By signing this Agreement, the DESIGN/BUILD FIRM represents and
warrants that it is familiar with all Applicable Laws that govern the Work.
7.14.02 If DESIGN/BUILD FIRM has knowledge that the Contract Documents do
not comply with Applicable Laws, in any respect, the DESIGN/BUILD FIRM shall
promptly notify the Project Manager, in writing, and any necessary changes shall be
adjusted by appropriate revisions. If the DESIGN/BUILD FIRM performs any Work not in
accordance with Applicable Laws, and without such notice to the Project Manager, the
DESIGN/BUILD FIRM shall assume full responsibility therefore, and shall bear all costs
attributable thereto.
7.14.03 In the event that Work is deemed by competent authority not to comply
with Applicable Laws, the DESIGN/BUILD FIRM shall bring such Work into compliance
with such Applicable Laws. If an Applicable Law(s) is enacted after the issuance of an
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
applicable permit for the Project, and the DESIGN/BUILD FIRM had no reasonable prior
knowledge of such a change to the Applicable Law(s), such change shall be considered
an unforeseeable and unavoidable cost, and the CITY shall approve a Change Order to
bring such Work into compliance with such Applicable Law(s). New interpretations of
existing Applicable Laws shall not be considered an unforeseeable and unavoidable
cost.
7.15 The DESIGN/BUILD FIRM warrants to CITY that it has thoroughly reviewed and studied
the DCP, and has determined that it is in conformance with Applicable Laws, and is complete
and sufficiently coordinated to perform the Work for the Guaranteed Maximum Price and the
Contract Time. DESIGN/BUILD FIRM warrants to CITY that the DCP is consistent, practical,
feasible and constructible. DESIGN/BUILD FIRM further warrants to CITY that the Work
described in the DCP is constructible for the Guaranteed Maximum Price and the Contract
Time.
THE CITY DISCLAIMS ANY WARRANTY THAT THE DCP, FOR THE PROJECT IS
ACCURATE, PRACTICAL, CONSISTENT, AND /OR CONSTRUCTIBLE.
7.16 The DESIGN/BUILD FIRM accepts the Project site in its observable and/or documented
condition existing at the time of this Agreement, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Project.
By signing this Contract, the DESIGN/BUILD FIRM represents to the CITY that it has: (a) visited
the Project site to become familiar with the conditions under which the Work is to be performed;
(b) become familiar with all information provided (without warranty) by the CITY pertaining to the
Project site; and (c) correlated its observations with the information furnished by the CITY
(without warranty), and the Contract Documents. The DESIGN/BUILD FIRM hereby waives
additional time or compensation for additional work made necessary by observable and/or
documented conditions existing at the Project site, or conditions ordinarily encountered and
generally recognized as inherent to the character of the Work to be provided for in this Project.
7.17 The DESIGN/BUILD FIRM agrees specifically that no Change Orders shall be required by
the DESIGN/BUILD FIRM or considered by the City for reasons involving conflicts in the
Contract Documents; questions of clarity with regard to the Contract Documents; and
incompatibility or conflicts between the Contract Documents and the existing Project site
conditions including, without limitation, utilities and unforeseen underground conditions. The
DESIGN/BUILD FIRM acknowledges that it has ascertained all correct locations for points of
connection for all utilities required for this Project.
7.18 The DESIGN/BUILD FIRM shall, as may be required for the proper execution and
completion of the Work, secure all necessary permits and revisions thereto, fees, and licenses,
as required by Applicable Laws to complete the Project including, but not limited to, all
necessary utility connection permits and fees.
7.19 The DESIGN/BUILD FIRM shall comply with all conditions of any permits issued by
government authorities.
ARTICLE 8 THE CONTRACT PRICE (GUARANTEED MAXIMUM PRICE)
AND METHOD OF PAYMENT
8.01 The Contract Price is the Guaranteed Maximum Price agreed to by the DESIGN/BUILD
FIRM and CITY under this Contract, payable to complete the Work in accordance with the
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
Agreement and DCP, and, to the extent permitted by this Agreement, as may be increased or
decreased by Change Order.
8.01.01 The Contract Price for the Project, which is also the Guaranteed
Maximum Price is
8.01.02 In the event that the DESIGN/BUILD FIRM'S total approved
expenditures for the Project exceed the Guaranteed Maximum Price, the
DESIGN/BUILD FIRM shall pay such excess from its own funds. CITY shall not be
required to pay any amount that exceeds the Guaranteed Maximum Price and the
DESIGN/BUILD FIRM shall have no claim against the CITY on account thereof.
8.02 METHOD OF BILLING AND PAYMENT
8.02.01 During the Construction Documents Phase, DESIGN/BUILD FIRM may
submit a request for payment monthly based upon percentage of completion of the (final
construction) Plans and Specification. During the.Construction Phase, DESIGN/BUILD
FIRM may submit a request for payment thirty (30) calendar days after beginning field
operations, subject to the second Notice-to-Proceed, and every thirty (30) calendar days
thereafter. Payment during the Construction Phase will be based upon percentage of
work completed for each item in the approved Schedule of Values. DESIGN/BUILD
FIRM's requisition for payment shall show a complete breakdown of the Project
components, and the amount due, together with such supporting evidence, as may be
required by the Contract Administrator. At a minimum, the requisition for payment shall
be accompanied by a completed certification of Work; consent of surety in the applicable
amount; list of Subcontractors that performed Work during the payment application
period being submitted; releases of liens from the Contractor for the previous period
being billed; releases of liens from Subcontractors that have performed Work during the
previous billing period unless payment for the previous period has not been received by
the DESIGN/BUILD FIRM; aerials and photographs of the areas of Work for the
applicable billing period; an accepted, updated CPM Project Schedule (as approved);
and back up for all items being billed. The certification of Work will mean compliance by
DESIGN/BUILD FIRM with the approved CPM Project Schedule; that as-built drawings
of improvements are current for the prior period; and Applicable Laws are being met and
complied with. Each requisition for payment shall be submitted in triplicate to the Project
Manager for approval. Payment for Work performed will be made within thirty (30)
calendar days after receipt of a proper requisition for payment, but not more frequently
than once a month (i.e. every thirty [30] days). The Contract Administrator shall verify
completion of the various phases, as noted, and authorize payment accordingly. Should
the Project fall behind schedule as indicated in the CPM Project Schedule,
DESIGN/BUILD FIRM shall include a written plan demonstrating how the Final
Completion date shall be maintained.
8.02.01.01 The Design Build Firm is advised that the City is willing to pay for Stored
Materials when those materials are stored in a bonded warehouse or in facilities
which the City has approved and under the following terms and conditions:
a. The Design Build Firm shall prepare and submit an Affidavit for Payment of Stored Materials
fully executed with the Application for Payment to request payment for any stored material(s).
b. The Affidavit for Payment shall include the following documents:
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
i. Certified Bill(s) of Sale showing that the Design Build Firm has paid for the
material(s)and has clear marketable title to the material(s).
ii. Copy of the certificate of insurance of the storage facility where the material is
stored.
iii. Itemized invoice of the material showing description, unit cost, quantity and
total value of stored material.
iv. Provide an explanation for the circumstances giving rise to the request. The
explanation shall include the anticipated installation date of the stored
material, in accordance with the approved baseline schedule.
c. If and when, the Design Build Firm requests payment of stored material, the Design Build
Firm shall revise the schedule of values, bid line item(s) into two separate components that
will indicate the costs of material and labor in lieu of a lump sum amount.
d. The Contract Administrator shall verify IN WRITING, the following, when processing a request
for Payment of Stored Material(s) submitted by the Design Build Firm:
i. Confirm that the requested quantities are in accordance with the scope of the
contract and that the material complies with the pertinent technical
specifications and the approved shop drawings.
ii. Confirm appropriateness of the price of the material. The contractor must
include an itemized invoice from the supplier as a back up to his request. The
payment for stored material shall only include the price of the uninstalled
material. The payment shall not include the portion necessary for the
installation cost, general conditions, and final installed warranty costs. The
payment shall not exceed the lump sum amount included in the lump sum bid
line item of the contract.
iii. Confirm that the storage facility is safe, secured and insured. The Insurance
Certificate shall include coverage for vandalism, weather damage, and theft.
iv. Physically inspect the facility and perform an inventory of the stored
material(s), prior to recommending payment. The stored material must be
packaged, protected and clearly marked as City of Miami Beach property.
Photographs and a written report of the Inspection shall be provided.
v. Review the explanation provided by the Design Build Firm and advise of
their concurrence.
e. Once payment is made, the Contract Administrator shall perform periodic inspections of the
material at the approved storage facility to ensure that all the paid stored material(s) is intact.
i. In the event the stored material is lost, damaged or unsatisfactory partial
payment could be deducted on future pay applications.
8.02.02 CITY agrees that it will pay DESIGN/BUILD FIRM within thirty (30)
calendar days of receipt of DESIGN/BUILD FIRM's proper requisition for payment, as
provided above.
8.02.03 Ten percent (10%) of all monies earned by DESIGN/BUILD FIRM shall be
retained by CITY until the Project has obtained Final Completion and been accepted by
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
CITY, except that upon completion of the Construction Documents Phase and approval
by CITY of the Work performed under such phase, the Contract Administrator may
release the entire amount of the retainage pertaining to the Consultant fees associated
with the Construction Documents Phase. After fifty percent (50%) of the Construction
Phase of the Project has been completed, the Contract Administrator, upon written
request of the DESIGN/BUILD FIRM and written Consent of Surety in support of said
request, may reduce the retainage to five percent (5%) of all monies earned subsequent
to the Construction Documents Phase. Any interest earned on retainage shall accrue to
the benefit of CITY.
8.02.04 Undisputed amounts remaining unpaid thirty (30) calendar days after
CITY's receipt of DESIGN/BUILD FIRM's proper requisition for payment for conforming
Work shall bear interest at the rate set forth in Section 218.74 (4), Florida Statutes. This
section shall not apply if the CITY has a right to withhold any portion of the payment
under this Agreement.
8.03 Upon receipt of written notice from DESIGN/BUILD FIRM that the Project is ready for
final inspection and acceptance, the Contract Administrator shall, within fourteen (14) calendar
days, make an inspection thereof. If the Contract Administrator finds the Project acceptable
under the Contract Documents and the Project fully performed, a Final Certificate of Payment
shall be issued by the Contract Administrator, over his/her own signature, stating that the Work
required by this Agreement has been completed and is accepted under the terms and
conditions thereof.
8.04 Before issuance of the Final Certificate for Payment, DESIGN/BUILD FIRM shall deliver
to the Contract Administrator a complete release of all liens arising out of this Agreement, or
receipts in full in lieu thereof, and an affidavit certifying that all suppliers, Consultant,
Subcontractors, and Subconsultants have been paid in full, and that all other indebtedness
connected with the Project has been paid, and a consent of the surety to final payment. All as-
builts, warranties, guarantees, operational manuals, and instructions in operation must be
delivered to CITY at this time. Contractor shall submit a completed as-built drawings package
(two (2)full-size (24"x36") and two (2) half-size (11"x17"), to-scale, hard reproducible copies and
two (2) CD Rom non-compressed formatted in the latest version of AutoCAD), signed and
sealed by a land surveyor registered in the State of Florida and as approved by the CITY's
Public Works Department, and proof that all permits have been closed; which shall be delivered
prior to requesting final payment. A Certificate of Occupancy, and/or Certificate of Completion
(CC), will be obtained prior to final payment being made, if required.
8.05 CITY may withhold final payment or any progress payment to such extent as may be
necessary on account of:
8.05.01 Defective Work not remedied.
8.05.02 Claims filed or written notices of nonpayment indicating probable filing of
claims as may be prescribed by law by other parties against DESIGN/BUILD FIRM.
8.05.03 Failure of DESIGN/BUILD FIRM to make payments properly to
Consultant, Subcontractors or Subconsultants, or for material or labor.
8.05.04 Damage to another Subcontractor, Subconsultant, supplier, material
person (as provided for in F.S. 713), party, or person not remedied which are attributable
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
to DESIGN/BUILD FIRM, its agents, servants, employees, Contractor, Consultant,
Subconsultants, Subcontractors, sub-Subcontractors, sub-Subconsultants, material
person and suppliers.
8.05.05 Liquidated damages pursuant to Article 6 hereof.
8.05.06 As-built drawings not being in a current and acceptable state.
8.05.07 The DESIGN/BUILD FIRM warrants to the CITY that all materials and
equipment furnished under this Agreement will be new unless otherwise specified, and
that all Work will be of good quality and in conformance with the Contract Documents. All
Work not conforming to these requirements, including substitutions not properly
approved and authorized by Contract Administrator, may be considered defective. If
required by the CITY, the DESIGN/BUILD FIRM shall furnish satisfactory evidence as to
the origin, nature and quality of materials and equipment used for the Project.
DESIGN/BUILD FIRM shall properly store and protect all construction materials.
Materials which become defective through improper storage shall be replaced with new
materials at no additional costs. The DESIGN/BUILD FIRM's warranty excludes remedy
for damage or defect caused by abuse, modifications not executed by the
DESIGN/BUILD FIRM, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage.
When the above grounds are removed or resolved, or DESIGN/BUILD FIRM provides a
surety bond or a consent of surety satisfactory to CITY which will protect CITY in the
amount withheld, payment may be made in whole or in part, as applicable.
8.06 If, after the Project has been substantially completed, full completion thereof is delayed
through no fault of DESIGN/BUILD FIRM, or by issuance of Change Orders affecting final
completion, and the Contract Administrator so certifies, CITY shall, upon certification of the
Contract Administrator, and without terminating the Contract, make payment of the balance due
for that portion of the Project fully completed and accepted. Such payment shall be made as
required by law under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
8.07 The making and acceptance of the final payment shall constitute a waiver of all claims
by CITY, other than those arising from faulty or defective Work, failure of the Project to comply
with requirements of the Contract Documents, or terms of any warranties required by the
Contract Documents. It shall also constitute a waiver of all claims by DESIGN/BUILD FIRM,
except those previously made in writing and identified by DESIGN/BUILD FIRM as unsettled at
the time of the final application for payment.
8.08 If the Contract Administrator, in its reasonable judgment, determines that the portion of
the Guaranteed Maximum Price then remaining unpaid will not be sufficient to complete the
Work in accordance with the Contract Documents, no additional payments will be due to the
DESIGN/BUILD FIRM hereunder unless and until the DESIGN BUILD FIRM, at its sole cost,
performs a sufficient portion of the Work so that such portion of the Guaranteed Maximum Price
then remaining unpaid is determined by the Contract Administrator to be sufficient to so
complete the Work.
8.09 DESIGN/BUILD FIRM shall remain liable for Subcontractors' Work and for any unpaid
laborers, material suppliers or Subcontractors in the event it is later discovered that said Work is
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
deficient or that any Subcontractors, laborers, or material suppliers did not receive payments
due to them on the Project.
8.10 The DESIGN/BUILD FIRM shall use the sums advanced to it solely for the purpose of
performance of the Work and the construction, furnishing and equipping of the Work in
accordance with the Contract Documents and payment of bills incurred by the DESIGN/BUILD
FIRM in performance of the Work.
8.11 Payment will be made to DESIGN/BUILD FIRM at:
ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
Without invalidating the Agreement and without notice to any surety, CITY reserves and shall
have the right to make such changes from time to time in the character or quantity of the Work
as may be considered necessary or desirable to complete fully and acceptably the Project in a
satisfactory manner. Any extra or additional work within the scope of this Project may be
accomplished by means of appropriate Field Orders, and/or fully executed and approved
Change Orders.
ARTICLE 10 CITY'S RESPONSIBILITIES
10.01 CITY shall assist DESIGN/BUILD FIRM by placing at its disposal any available
information pertinent to the Project including previous reports, laboratory tests and inspections
of samples, materials and equipment; property, boundary, easement, rights-of-way, topographic
and utility surveys; property descriptions; and known zoning, deed and other land use
restrictions.
10.02 CITY shall arrange for access to and make all provisions for DESIGN/BUILD FIRM to
enter upon public property as required for DESIGN/BUILD FIRM to perform its services.
ARTICLE 11 RESOLUTION OF DISPUTES
11.01 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto that
Contract Administrator shall first decide all questions, claims, difficulties and disputes of
whatever nature which may arise relative to the Contract Documents and fulfillment of this
Agreement 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 Contract Administrator's estimates and decisions upon all claims, questions, difficulties and
disputes shall be final and binding to the extent provided in Section 11.02. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of CITY and DESIGN/BUILD
FIRM shall be submitted to Contract Administrator, in writing, within twenty-one (21) calendar
days of the discovery of the occurrence. Unless a different period of time is set forth herein,
Contract Administrator shall notify DESIGN/BUILD FIRM in writing of the decision within twenty-
one (21) calendar days from the date of the submission of the claim, question, difficulty or
dispute, unless Contract Administrator requires additional time to gather information or allow the
parties to provide additional information. All nontechnical 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, DESIGN/BUILD FIRM and CITY
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
shall act in good faith to mitigate any potential damages, including utilization of construction
schedule changes and alternate means of construction.
11.02 In the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the Contract Administrator's determination must notify the
other party in writing within ten (10) calendar days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a statement that any
Contract Price or Contract Time adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the determination. Within sixty
(60) calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to avoid 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.
11.03 Pending final resolution of a claim, including mediation, unless otherwise agreed in
writing by the CITY, DESIGN/BUILD FIRM shall proceed diligently with performance of the
Contract and the CITY shall continue to make payments in accordance with the Contract
Documents.
11.04 Any mediator used shall be certified in accordance with State of Florida law. Mediation
will be conducted in Miami-Dade County.
ARTICLE 12 SUBCONTRACT REQUIREMENTS
12.01 [Intentionally omitted]
12.02 [Intentionally omitted]
12.03 [Intentionally omitted]
12.04 [Intentionally omitted]
12.05 All Subcontracts shall require the following:
12.05.01 That the Subcontractor's exclusive remedy for delays in the performance
of the contract caused by events beyond its control, including delays claimed to be
caused by the CITY or Consultant or attributable to the CITY or Consultant and including
claims based on breach of contract or negligence, shall be an extension of its Contract
Time.
12.05.02 In the event of a change in the Work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 7% for overhead and profit and bond costs.
12.05.03 Each subcontract shall require the Subcontractor to expressly agree that
the foregoing constitute the sole and exclusive remedies for delays and changes in the
Work and thus eliminate any other remedies for claim for increase in the Contract Price,
damages, losses, or additional compensation.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
12.05.04 Each subcontract shall require that any claims by Subcontractor for delay
or additional cost must be submitted to DESIGN/BUILD FIRM within the time and in the
manner in which the DESIGN/BUILD FIRM must submit such claims to the CITY, and
that failure to comply with the conditions for giving notice and submitting claims shall
result in the waiver of such claims.
12.05.05 Each subcontract shall include a provision stating that the subcontract is
assignable to the CITY in the event of a termination of all or part of the Contract. Said
assignment shall be at the sole option and discretion of the CITY and, if agreed to by
CITY shall be upon the same terms and conditions as the original subcontract, unless
otherwise mutually negotiated by CITY and Subcontractor.
12.05.06 The DESIGN/BUILD FIRM shall be solely responsible to the CITY for the acts
and omissions of its employees and agents and its Contractor, Consultant,
Subcontractors, Subconsultants, and their agents and employees, and all other persons
performing any of the work or services or supplying materials under a contract to the
DESIGN/BUILD FIRM.
12.05.07 The DESIGN/BUILD FIRM shall provide the Project Manager with a copy
of each subcontract, including the general supplementary conditions.
ARTICLE 13 [This Article left intentionally blank'
ARTICLE 14 [This Article left intentionally blank'
ARTICLE 15 SECURITY [This Article left intentionally blank'
ARTICLE 16 INSPECTION OF PROJECT
16.01 The CITY, Contract Administrator, and their authorized representatives, shall have
access to the Project at all times and DESIGN/BUILD FIRM shall provide proper facilities for
such access. Such access shall be in accordance with the reasonable rules of the
DESIGN/BUILD FIRM.
16.01.01 Should the Contract Documents, any Applicable Laws, or any public
authority require any Work for the Project to be specially tested or approved,
DESIGN/BUILD FIRM shall give to the Contract Administrator timely notice of readiness
of the Work for inspection. 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. Inspections
shall be made promptly, and, where practicable, at the source of supply. Within a
reasonable time from execution of this Agreement, CITY shall provide DESIGN/BUILD
FIRM with a letter (or e-mail) listing the areas of Work the CITY will inspect. If defined
Work for the Project should be covered up without required inspection/approval, it must,
if required by the Contract Administrator, be uncovered for examination, and properly
restored at DESIGN/BUILD FIRM's expense.
16.01.02 Re-examination and retesting of any Work may be ordered by the
Contract Administrator and, if so ordered, such Work must be uncovered by
DESIGN/BUILD FIRM. If such Work is found to be in accordance with the Contract
Documents, CITY shall pay the cost of re-examination, re-testing and replacement. If
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
such Work is not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall pay such cost.
16.02 The payment of any compensation, regardless of its character or form, or the giving of
any gratuity or the granting of any valuable favor by DESIGN/BUILD FIRM to any inspector is
forbidden, and any such act on the part of DESIGN/BUILD FIRM will constitute a breach of this
Agreement.
ARTICLE 17 SUPERINTENDENCE AND SUPERVISION
17.01 The orders of the CITY are to be given through the Project Manager, whose instructions
are to be strictly and promptly followed in every case, provided that they are in accordance with
this Contract and the other Contract Documents. Construction Manager shall keep on the
Project during its progress, a full-time, competent, English speaking supervisor who shall serve
as the superintendent, and any necessary assistants, all satisfactory to the Project Manager.
17.02 Construction Manager or Contractor's superintendent shall prepare, on a daily basis,
and keep on the Project site, a bound log setting forth at a minimum, for each day: the weather
conditions and how any weather conditions affected progress of the Work; time of
commencement of Work for the day; the Work performed; materials, labor, personnel,
equipment and Subcontractors utilized for the Work; any idle equipment and reasons for
idleness; visitors to the Project site; any special or unusual conditions or occurrences
encountered; any materials delivered to the Project site; and the time of termination of Work for
the day. The daily bound log shall be available for inspection by the CITY, or its authorized
designee, at all times during the Project, without previous notice.
17.03 If DESIGN/BUILD FIRM, in the course of the Project, finds any discrepancy between the
Contract Documents and the physical conditions of the site, or any errors or omissions in the
Contract Documents including, but not limited to, the Plans and Specifications, it shall be
DESIGN/BUILD FIRM's sole obligation and duty to immediately inform the Contract
Administrator, in writing, and the Contract Administrator will promptly verify same. Any Work
done prior to or after such discovery will be done at DESIGN/BUILD FIRM's sole risk.
NOTWITHSTANDING THE PRECEDING, OR ANY OTHER TERM OR CONDITIONOF
THISAGREEMENT, DESIGN/BUILD FIRM HEREBY ACKNOWLEDGES AND AGREES THAT
THIS IS A DESIGN/BUILD PROJECT AND, ACCORDINGLY, ANY ERRORS OR OMISSIONS
SHALL BE CORRECTED AT THE SOLE COST AND EXPENSE OF DESIGN BUILD/FIRM
AND WITHOUT A CLAIM FOR ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT
PRICE.
17.04 DESIGN/BUILD FIRM shall coordinate, supervise and direct the Project competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to perform and complete the Project in accordance with the Contract Documents.
DESIGN/BUILD FIRM shall be solely responsible for the design, preparation of Construction
Documents, means, methods, techniques, safety, sequences and procedures of construction.
DESIGN/BUILD FIRM shall give efficient supervision to the Work, using DESIGN/BUILD FIRM's
best skill, attention, and judgment.
ARTICLE 18 CITY'S RIGHT TO TERMINATE AGREEMENT
18.01 If DESIGN/BUILD FIRM fails to begin the design and construction of the Project within
the time specified; or fails to perform the Project with sufficient workers and equipment or with
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
sufficient materials to insure the prompt completion of the Project, in accordance with the
Contract Documents and schedules; or shall perform the Work unsuitably, or cause it to be
rejected as defective and unsuitable; or shall discontinue the prosecution of the Project, except
for excused delays in accordance with this Agreement; or if DESIGN/BUILD FIRM 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 shall not carry on the Project in accordance with
the Contract Documents, then the CITY shall give notice, in writing, to DESIGN/BUILD FIRM
and its surety of such delay, neglect or default, specifying the same. If DESIGN/BUILD FIRM,
within a period of ten (10) calendar days after such notice, shall not proceed in accordance
therewith, then CITY may, upon written notice from the Contract Administrator of the fact of
such delay, neglect or default and DESIGN/BUILD FIRM's failure to comply with such notice,
terminate the services of DESIGN/BUILD FIRM, exclude DESIGN/BUILD FIRM from the Project
site, and take the prosecution of the Project out of the hands of DESIGN/BUILD FIRM, as
appropriate, or use any or all materials and equipment on the Project site as may be suitable
and acceptable, in the City's reasonable discretion. In such case, DESIGN/BUILD FIRM shall
not be entitled to receive any further payment until the Project is finished. 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 its opinion shall be required for the
completion of the Project in an acceptable manner. All damages, costs and charges incurred by
CITY shall be deducted from any monies due or which may become due to said DESIGN/BUILD
FIRM. Actions will be instituted to recover on the posted bonds. In case the damages and
expense so incurred by CITY shall be less than the sum which would have been payable under
this Agreement, if it had been completed by said DESIGN/BUILD FIRM, then DESIGN/BUILD
FIRM shall be entitled to receive the difference. If such damages and costs exceed the unpaid
balance, then DESIGN/BUILD FIRM shall be liable and shall pay to CITY the amount of said
excess.
18.02 If, after Notice of Termination of DESIGN/BUILD FIRM's right to proceed, it is
determined for any reason that DESIGN/BUILD FIRM was not in default, the rights and
obligations of CITY and DESIGN/BUILD FIRM 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
18.03 below.
18.03 Notwithstanding any other provision in this Agreement, the performance of work under
this Agreement may be terminated in writing by CITY, for convenience and without cause, upon
ten (10) business days from the date of DESIGN/BUILD FIRM'S receipt of the written notice to
DESIGN/BUILD FIRM of intent to terminate and the date on which such termination becomes
effective. In such case, DESIGN/BUILD FIRM shall be paid for all work and reimbursables
executed, and expenses incurred, such as materials stored, cost of severance of
leases/contracts directly associated with the Project, and demobilization prior to termination.
PAYMENT SHALL INCLUDE REASONABLE PROFIT FOR SERVICES ACTUALLY
PERFORMED IN FULL PRIOR TO TERMINATION DATE, BUT SHALL EXCLUDE ALL LOST
PROFITS, INDIRECT CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.
18.04 Upon receipt of Notice of Termination pursuant to Sections 18.01 or 18.03 above,
DESIGN/BUILD FIRM shall, at its sole cost and expense and as a condition precedent to any
further payment obligation by the CITY, promptly discontinue all affected work, unless the
Notice of Termination directs otherwise, and deliver to CITY within seven (7) calendar days of
termination, all data, drawings, specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents, whether completed or in
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
process. Compensation shall be withheld until all documents are provided to CITY pursuant to
this Article.
ARTICLE 19 DESIGN/BUILD FIRM'S RIGHT TO STOP WORK
OR TERMINATE CONTRACT
19.01 If the Project should be stopped under an order of any court or other public authority for a
period of more than ninety (90) calendar days, through no act or fault of DESIGN/BUILD FIRM
or of anyone employed by DESIGN/BUILD FIRM; or if the Contract Administrator should fail to
review and approve or state in writing reasons for non-approval of any requisition for payment
within twenty (20) business days after it is presented; or if CITY fails to pay DESIGN/BUILD
FIRM within thirty (30) calendar days after submittal of a proper requisition for payment, as
approved by the Project Manager or Contract Administrator (as applicable), then
DESIGN/BUILD FIRM may give written notice to CITY, through Contract Administrator, of such
delay, neglect, or default, specifying the same. If CITY, within a period of ten (10) business days
after such written notice, shall not remedy the delay, neglect, or default upon which notice is
based, then DESIGN/BUILD FIRM may stop work until payment is made, or terminate this
Agreement and recover from CITY payment for all Work executed and reasonable expense
sustained, But excluding any claim for payments for lost profits, indirect, special, consequential,
or other damages.
ARTICLE 20 "OR EQUAL" CLAUSE
20.01 Whenever a material, article or piece of equipment is identified in the Contract
Documents, including without limitation, in the Plans and Specifications, by reference to
manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, it is intended
merely to establish a standard and, unless it is followed by words indicating that "no substitution
is permitted," any material, article, or equipment of other manufacturers and vendors which will
perform or serve the requirements of the general design will be considered equally acceptable
provided the material, article or equipment so proposed is, in the opinion of the Contract
Administrator:
20.01.01 At least equal in quality, durability, appearance, strength and design;
20.01.02 Performs at least equally the function imposed in the general design for
the Project;
20.01.03 Conforms substantially, even with deviations, to the detailed requirements
for the items as indicated by the Plans and Specifications; and
20.01.04 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
shop drawing and/or Change Order which shall be attached to a detailed description of
the specified item and a detailed description of the proposed substitution. A comparison
letter itemizing all deviations from specified items must be included for the Contract
Administrator to properly evaluate substitution. Failure to provide the deviation
comparison sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate substituted
equipment under this paragraph shall be at the expense of DESIGN/BUILD FIRM.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
20.02 Contract Administrator's written consent will be required as to acceptability, and no
substitute will be ordered, installed or utilized without Contract Administrator's prior written
acceptance, which will be evidenced by either a Change Order or an accepted shop drawing.
CITY may require DESIGN/BUILD FIRM to furnish, at DESIGN/BUILD FIRM'S expense, a
special performance guarantee or other surety with respect to any substitute.
ARTICLE 21 PLANS AND SPECIFICATIONS
21.01 CITY, through its Contract Administrator, shall have the right to require DESIGN/BUILD
FIRM to modify the details of the Plans and Specifications, to supplement same with additional
plans, drawings, specifications, or additional information as the Project proceeds which are
within the specific intent and stated scope of the Project and which do not cause increase in
Contract Price or Contract Time, all of which shall be considered as part of the Contract
Documents, at no additional cost to the CITY. All plans, general and detail, are to be deemed a
part of this Agreement, and the Plans and Specifications and other Contract Documents are to
be considered together, and are intended to be mutually complementary, so that any work
shown on the Plans, though not specified in the Specifications, and any work specified in the
Specifications though not shown on the Plans, is to be executed by DESIGN/BUILD FIRM as
part of the Contract Documents. All things which, in the opinion of the Contract Administrator,
may reasonably be inferred from the Contract Documents, including, but not limited to, the
Plans and Specifications, are to be executed by DESIGN/BUILD FIRM under the terms of the
Contract Documents; and the Contract Administrator shall determine whether said Plans and
Specifications conform to the Contract Documents. In the event the work requested under this
Article expands the scope of the Project, DESIGN/BUILD FIRM may seek a Change Order
pursuant to Article 37.
ARTICLE 22 DESIGN/BUILD FIRM TO CHECK DRAWINGS AND DATA
22.01 DESIGN/BUILD FIRM shall take measurements and verify all dimensions, conditions,
quantities and details shown on the Plans and Specifications including, but not limited to, the
drawings, schedules, or other data. Failure to discover or correct errors, conflicts or
discrepancies shall not relieve DESIGN/BUILD FIRM of full responsibility for unsatisfactory
work, faulty construction, or improper operation resulting therefrom, nor from rectifying such
condition at DESIGN/BUILD FIRM'S own expense. DESIGN/BUILD FIRM will not be allowed to
take advantage of any error or omissions.
ARTICLE 23 WARRANTY
23.01 DESIGN/BUILD FIRM warrants to CITY that all Materials and equipment furnished for the
Project will be new unless otherwise specified and that all Work for the Project will be of good
quality, free from faults and defects and in conformance with the Contract Documents. The
standard of quality shall be at least that employed by similarly qualified design/build firms that
are duly qualified and licensed to perform similar projects. All Work for the Project not
conforming to these requirements, including substitutions not properly approved and authorized,
may be considered defective. If Materials or equipment are improperly stored and become
altered as a result of such improper storage, DESIGN/BUILD FIRM shall replace said Materials
and/or equipment with new ones at no additional cost. DESIGN/BUILD FIRM shall be
responsible for proper storage and safeguarding of all Materials and equipment. If required by
the Contract Administrator, DESIGN/BUILD FIRM shall furnish satisfactory evidence as to the
kind and quality of Materials and equipment. The warranty requirements set forth in the Contract
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
Documents as herein defined shall govern warranty terms and conditions for all warranty items
expressed or implied. The DESIGN/BUILD FIRM'S warranty period under this Article shall be
one (1) year from the date of Substantial Completion of the Project. However, this section shall
not abridge the times or impede the rights and remedies afforded the CITY against other entities
or persons under the Contract Documents, or by law.
ARTICLE 24 SUPPLEMENTARY DRAWINGS
24.01 When, in the opinion of DESIGN/BUILD FIRM and/or CITY, it becomes necessary to
explain more fully the Work to be done, or to illustrate the Project further to show any changes
which may be required, supplementary drawings, with specifications pertaining thereto, will be
prepared by the Consultant and submitted by DESIGN/BUILD FIRM to the Contract
Administrator for review and written acceptance.
24.02 The authorized supplementary drawings shall be binding upon DESIGN/BUILD FIRM
with the same force as the Contract Documents. Where such supplementary drawings require
either less or more than the estimated quantities of work, appropriate adjustments shall be
made pursuant to Change Order.
ARTICLE 25 [This Article left intentionally blankl
ARTICLE 26 GENERAL WORKMANSHIP
26.01 Articles, materials, and equipment specified or shown on drawings shall be new and
shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper
forming, as per the manufacturer's directions. DESIGN/BUILD FIRM shall, if required, furnish
satisfactory evidence as to kind and quality of the materials. Should materials arrive to the
jobsite new and be improperly stored and deteriorate from new condition, the materials shall be
replaced at no additional cost to CITY.
26.02 DESIGN/BUILD FIRM shall apply, install, connect, and erect manufactured items or
materials according to recommendations of manufacturer when such recommendations are not
in conflict with the Contract Documents. If there is conflict between manufacturer
recommendations and the Contract Documents, Contract Administrator shall be notified and
shall approve, in writing, any corrective actions prior to implementation of same.
ARTICLE 27 DEFECTIVE WORK
27.01 Contract Administrator shall have the authority to reject or disapprove Work for the
Project which Contract Administrator finds to be defective. Defective work is defined as Work
not in accordance with the Contract Documents; not in conformance with Applicable Laws;
installed in violation of the manufacturer's written instructions where the installation has caused
new materials to be detrimentally affected; where the life expectancy of the material installed is
reduced; or otherwise installed in a non-workmanlike manner. If required by Contract
Administrator, DESIGN/BUILD FIRM shall promptly either (as directed) correct all defective
work or remove it from the Project site, and replace it with non-defective work. DESIGN/BUILD
FIRM shall bear all costs of such removal or correction.
27.02 If, within one (1) year after Substantial Completion, any Work is found to be defective or
not in accordance with the Contract Documents, DESIGN/BUILD FIRM shall correct it promptly
• without cost to CITY, after receipt of written notice from CITY to do so, unless CITY has given
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
DESIGN/BUILD FIRM a written acceptance of such conditions. Nothing contained herein shall
be construed to establish a period of limitation with respect to any other obligation which
DESIGN/BUILD FIRM might have under Applicable Laws.
27.03 Should DESIGN/BUILD FIRM fail or refuse to remove or correct any defective work
performed for the Project, or to make any necessary repairs in an acceptable manner and in
accordance with the requirements of this Agreement within a reasonable time, indicated in
writing, CITY shall have the authority to cause the unacceptable or defective work to be
removed or corrected, or make such repairs as may be necessary, to be made at
DESIGN/BUILD FIRM'S expense. Any expense incurred by CITY in making these removals,
corrections or repairs, which DESIGN/BUILD FIRM has failed or refused to make shall be paid
for out of any monies due or which may become due to DESIGN/BUILD FIRM, or may be
charged against the bond (or other guaranty if applicable). Continued failure or refusal on the
part of DESIGN/BUILD FIRM to make any or all necessary repairs promptly, fully, and in
acceptable manner shall be sufficient cause for CITY to declare this Agreement terminated, in
which case CITY, at its option, may purchase Materials, tools, and equipment, and employ
labor, or may contract with any other individual, firm or corporation, or may proceed with its own
forces, to perform the work. All costs and expenses incurred thereby shall be charged against
the defaulting DESIGN/BUILD FIRM, and the amount thereof deducted from any monies due, or
which may become due, to DESIGN/BUILD FIRM, or shall be charged against the bond (or
other guaranty). Any special work performed, as described herein, shall not relieve
DESIGN/BUILD FIRM in any way from its responsibility for the work performed by it.
27.04 Failure to reject any defective work or Materials shall not in any way prevent later
rejection when such defect is discovered, or obligate CITY to final acceptance.
ARTICLE 28 SUBCONTRACTS
28.01 DESIGN/BUILD FIRM shall, at such times as DESIGN/BUILD FIRM decides which
Subcontractors will perform the various portions of the Work, promptly notify the Contract
Administrator, in writing, of the names of Subcontractors for the Project, and identify the portion
of the Work for the Project each will perform. DESIGN/BUILD FIRM shall have a continuing
obligation to notify the Contract Administrator of any change in Subcontractors. Notification of
the names of Subcontractors shall not relieve DESIGN/BUILD FIRM from the primary
responsibility, without limitation, of full and complete satisfactory performance of all contractual
obligations.
ARTICLE 29 SEPARATE CONTRACTS
29.01 CITY reserves the right to let other contracts in connection with this Project, provided it
does not interfere with DESIGN/BUILD FIRM'S Work or schedule. DESIGN/BUILD FIRM shall
afford other contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate its Work
with theirs subject to provision of acceptable insurance coverage, including DESIGN/BUILD
FIRM as an additional insured. CITY will request that its separate contractors coordinate their
activities with the Work of the DESIGN/BUILD FIRM.
29.02 If any part of DESIGN/BUILD FIRM'S Work depends for proper execution or results upon
the work of any other contractor or the CITY, DESIGN/BUILD FIRM shall inspect and promptly
report to the Contract Administrator any defects in such work that render it unsuitable for such
proper execution and results. DESIGN/BUILD FIRM'S failure to so inspect and report shall
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
constitute an acceptance of the other contractor's work as fit and proper for the reception of
DESIGN/BUILD FIRM'S Work, except as to defects which may develop in other contractor's
work after the execution of DESIGN/BUILD FIRM'S Work. However, DESIGN/BUILD FIRM shall
not be responsible or liable to CITY for any work performed by any other separate contractor not
under the auspices or control of DESIGN/BUILD FIRM.
29.03 To insure the er ro execution of its subsequent Work, DESIGN/BUILD FIRM shall
P P q
inspect the work already in place and shall at once report to the Contract Administrator any
discrepancy between the executed work and the requirements of the Contract Documents.
ARTICLE 30 CITY'S OPTION FOR USE OF COMPLETED PORTIONS
30.01 In the event of Substantial Completion of a portion of the Project, which determination
and option shall be solely and exclusively within the CITY's authority and discretion
whether to allow and accept Substantial Completion of a portion or portions of the
Project (versus requiring Substantial Completion of the entire Project at one time), CITY
shall have the right to take possession of, for maintenance and/or for use, of any such
completed or partially completed portion(s) of the Project. However, prior to any possession, a
punch list will be issued for the area to be occupied. Such possession and use shall not be
deemed an acceptance of any Work not completed in accordance with the Contract Documents.
If such possession or use delays the Project, DESIGN/BUILD FIRM may be entitled to a
reasonable extension of time as determined by Contract Administrator.
30.02 In the event CITY takes possession, the following shall occur:
30.02.01 CITY shall give notice to DESIGN/BUILD FIRM at least thirty (30)
calendar days in advance on intent to occupy a designated area.
30.02.02 DESIGN/BUILD FIRM shall bring the designated area to point of
Substantial Completion. When DESIGN/BUILD FIRM considers that the designated
area of the Project is substantially complete, DESIGN/BUILD FIRM shall so notify the
Contract Administrator, in writing, and shall prepare for submission to the Contract
Administrator a list of items to be completed or corrected. The failure to include any
items on such list does not alter the responsibility of DESIGN/BUILD FIRM to complete
work on the designated area in accordance with the Contract Documents. The Contract
Administrator shall conduct an inspection to determine that the designated portion of the
Project is substantially complete. The Contract Administrator will then instruct
DESIGN/BUILD FIRM to deliver to CITY a Certificate of Occupancy(CO) pertinent to the
designated portion, which CO shall be issued by the appropriate authority having
jurisdiction over the Project. The Contract Administrator and DESIGN/BUILD FIRM shall
agree on the time within which DESIGN/BUILD FIRM shall complete the items listed.
30.02.03 Upon issuance and acceptance of 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 occupied
area. DESIGN/BUILD FIRM shall remain responsible for all items listed to be completed
or corrected as submitted to Contract Administrator as required in Substantial
Completion process.
30.02.04 If CITY finds it necessary to occupy or use a portion or portions of the
Project prior to Substantial Completion thereof, such occupancy or use shall not
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
commence prior to a time mutually agreed upon by CITY and DESIGN/BUILD FIRM and
to which the insurance company or companies providing the property insurance have
consented by endorsement to the policy or policies. This insurance shall not be canceled
or lapsed on account of such partial occupancy or use. Consent of DESIGN/BUILD
FIRM and of the insurance company or companies to such occupancy or use shall not
be unreasonably withheld.
ARTICLE 31 CONSTRUCTION AREA
31.01 DESIGN/BUILD FIRM shall use areas approved by the Contract Administrator for
deliveries and personnel. Contract limits of construction area are indicated on the concept
drawings as issued by the Contract Administrator. Equipment, materials, and personnel shall be
in conformance with this Contract.
31.02 To provide for maximum safety and security, DESIGN/BUILD FIRM shall erect and
maintain all necessary barricades, and any other temporary walls and structures as required,
and boarding or fencing to protect life and property during the period of construction.
ARTICLE 32 LANDS FOR WORK
32.01 CITY shall provide, as indicated in the Contract Documents, the lands upon which the
Project is to be performed, rights-of-way and easements for access thereto and such other
lands as are designated for the use of DESIGN/BUILD FIRM. No claim for damages or other
claim other than for an extension of time shall be made or asserted against CITY by reason of
any delay arising as a result of any failure of CITY to provide such lands on the date needed by
DESIGN/BUILD FIRM. The provisions of Article 40 shall apply herein.
ARTICLE 33 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
33.01 DESIGN/BUILD FIRM shall conform to all Applicable Laws with regard to labor employed,
hours of work, and DESIGN/BUILD FIRM'S general operations. DESIGN/BUILD FIRM shall also
conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic
on streets, highways, sidewalks, or other public right of ways without the written consent of the
proper authorities.
ARTICLE 34 DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES
34.01 Existing utilities have been shown in the Contract Documents insofar as information is
reasonably available; however, it will be DESIGN/BUILD FIRM'S sole responsibility to verify
such information and to preserve all existing utilities, whether shown in the Contract Documents
or not. If utility conflicts are encountered by DESIGN/BUILD FIRM during construction,
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, to avoid utility
conflicts, and/or provide sufficient notice to the owners of the utilities, and it shall be the sole
responsibility of the DESIGN/BUILD FIRM to resolve any conflicts and make all necessary
adjustments, at no additional cost to the CITY.
34.02 DESIGN/BUILD FIRM shall exercise care and take all precautions during excavation and
construction operations to prevent damage to any existing facilities, equipment, or utilities. Any
damage caused by DESIGN/BUILD FIRM shall be reported immediately to the Contract
Administrator, and such work shall be repaired and/or replaced by DESIGN/BUILD FIRM in a
manner approved by CITY. All costs to repair and/or replace any damage to existing facilities,
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
equipment, or utilities shall be the sole responsibility of DESIGN/BUILD FIRM, and such repair
or replacement shall be performed expeditiously without cost to CITY.
34.03 DESIGN/BUILD FIRM shall provide that type of required protection for finished Work at
all times and protect adjacent Work during cleaning operations, and make good any damage
resulting from neglect of this precaution.'
34.04 Protection of Work shall include protecting of Work that is factory finished, during
transportation, storage, during and after installation. Where applicable, and as required,
DESIGN/BUILD FIRM shall close off spaces of areas where certain Work has been completed
to protect it from any damages caused by others during their operations.
34.05 DESIGN/BUILD FIRM shall store Materials, and shall be responsible for and shall
maintain partly or wholly finished Work during the continuance of the Contract and until the final
acceptance of the Project. If any materials or part of the work should be lost, damaged, or
destroyed by any cause or means whatsoever, the DESIGN/BUILD FIRM shall satisfactorily
repair and replace the same at DESIGN/BUILD FIRM'S own cost. The DESIGN/BUILD FIRM
shall maintain suitable and sufficient guards, if necessary, and barriers, and at night, suitable
and sufficient lighting for the prevention of accidents.
34.06 To all applicable sections where preparatory work is part of Work thereon,
DESIGN/BUILD FIRM shall carefully examine surfaces over which finished work is to be
installed, laid or applied, before commencing with the work. DESIGN/BUILD FIRM shall not
proceed with said work until defective surfaces on which work is to be applied are corrected to
the satisfaction of the Contract Administrator. Commencement of work shall be considered
acceptance of surfaces and conditions.
34.07 It will be the DESIGN/BUILD FIRM'S responsibility to preserve all existing utilities within
the Project limits or as otherwise affected by DESIGN/BUILD FIRM. If utility conflicts are
encountered by the DESIGN/BUILD FIRM during construction, it is anticipated that
DESIGN/BUILD FIRM shall re-design its proposed improvements, at its sole cost, so as to avoid
utility conflicts, and/or provide sufficient notice to their owners and compensate owners of the
utilities from its funds so that they may make the necessary adjustments. Damage to any
utilities, which in the sole reasonable opinion of the CITY is caused by negligence on the part of
the DESIGN/BUILD FIRM, shall be repaired at the DESIGN/BUILD FIRM'S expense.
ARTICLE 35 CONTINUING THE WORK
35.01 DESIGN/BUILD FIRM shall carry on the Project and adhere to the CPM Project Schedule
during all disputes or disagreements with CITY, including disputes or disagreements concerning
a request for a Change Order, a request for a change in the Contract Price or Contract Time. No
work shall be delayed or postponed pending resolution of any disputes or disagreements. The
provisions of this Article shall be subject to all other applicable provisions of this Agreement.
ARTICLE 36 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
36.01 The Contract Administrator shall have the right to approve and issue Field Orders setting
forth written interpretations of the intent of the Contract Documents to Construction Manager
and ordering minor changes in contract execution, providing the Field Order involves no change
in the Contract Price or the Contract Time.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
36.02 The Contract Administrator shall have the right to approve and issue to DESIGN/BUILD
FIRM supplemental instructions setting forth the written orders, instructions, or interpretations
concerning the Contract Documents or performance therein, provided they make no major
changes in Contract execution and involve no change in the Contract Price or the Contract
Time.
ARTICLE 37 CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
37.01 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.
37.02 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.
37.03 The actual cost of the Payment and Performance Bond as a result of accepted changes
in the Work shall be added to or deducted from the cost of the changes in the Work.
37.04 Notification of Change of Contract Time or Contract Price
37.04.01 Any claim for a change in the Contract Time or Contract Price shall be
made by written notice delivered by DESIGN/BUILD FIRM to the Contract Administrator
within five (5) calendar days of the commencement of the event giving rise to the claim
(which may include an occurrence or omission that DESIGN/BUILD FIRM contends
delays the Work, or receipt of an order, instruction, Contract Administrator's
supplemental information, or other directive changing the Work, or any other occurrence
that DESIGN/BUILD FIRM contends causes a change in Contract Time or Contract
Price) and stating the general nature of the claim. Notice of the nature and elements of
the claim shall be delivered within twenty (20) calendar days after the date of such
written notice. Thereafter, within twenty (20) calendar days of the termination of the
event giving rise to the claim, notice of the extent of the claim with supporting data shall
be delivered, unless Contract Administrator and DESIGN/BUILD FIRM allows an
additional period of time to ascertain more accurate data in support of the claim, and
shall be accompanied by DESIGN/BUILD FIRM's written statement that the adjustment
claimed is the entire adjustment to which the DESIGN/BUILD FIRM has reason to
believe it is entitled as a result of the occurrence of said event. All claims for adjustment
in the Contract Time or Contract Price shall be determined by Project Manager and
Contract Administrator in accordance with Article 11 hereof, if Project Manager, Contract
Administrator and DESIGN/BUILD FIRM cannot otherwise agree. NO CLAIM FOR AN
ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE VALID
UNLESS IT IS SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS
OF THIS SECTION.
37.04.02 The Contract Time will be extended in an amount equal to time lost due to
delays beyond the control of and through no fault, negligence, or act or omission of
DESIGN/BUILD FIRM if a claim is made therefore as required by the Contract. Such
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
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, acts of God, or acts of terrorism.
37.04.03 Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for change in Contract Time pursuant
to this Article 37. These time extensions are justified only when rain or other inclement
weather conditions or related adverse soil conditions prevent DESIGN/BUILD FIRM from
productively performing controlling items of work; identified on the accepted schedule or
updates resulting in: (1) DESIGN/BUILD FIRM being unable to work at least fifty percent
(50%) of the normal work day on controlling items of work identified on the accepted
CPM Project Schedule or updates due to adverse weather conditions; or (2)
DESIGN/BUILD FIRM must make major repairs to the Work damaged by weather,
provided the damage was not attributable to a failure or neglect by DESIGN/BUILD
FIRM, and provided that DESIGN/BUILD FIRM was unable to work at least fifty percent
(50%) of the normal work day on controlling items of work identified on the accepted
CPM Project Schedule or approved updates. No time extension will be allowed for
weekend rains unless the DESIGN/BUILD FIRM has been working weekends on a
regular basis on exterior Work.
37.04.04 The DESIGN/BUILD FIRM agrees and acknowledges that no ground for
an extension to the Contract Time or Contract Price shall arise as a result of any
reasonably foreseeable condition at the Project site, or as a result of anything contained
in the Contract Documents.
37.05 Change Orders
37.05.01 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 and issued by CITY to the extent
permitted under this Agreement.
37.05.02 The Project Manager, as authorized by the Contract Administrator, may
initiate a Change Order request ("Change Order Request"), setting forth in detail the
nature of the requested change. Upon receipt of a Change Order Request, the
DESIGN/BUILD FIRM shall review the Change Order Request with the Project Manager
and Contract Administrator prior to furnishing to the Project Manager a statement setting
forth in detail, with a suitable detailed breakdown in Construction Specifications Institute
(CSI) format, including a breakdown of labor and materials, the DESIGN/BUILD FIRM's
estimate of the changes in the cost of the Work and changes to any other Contract Price
elements attributable to the changes set forth in such Change Order Request, and
proposed adjustments, if any, to the Contract Time resulting from such Change Order
Request. If the Contract Administrator accepts such DESIGN/BUILD FIRM's estimate, a
Change Order shall be processed by the CITY and delivered to the DESIGN/BUILD
FIRM for execution. Agreement on any Change Order shall constitute a final settlement
on all items affected therein, including without limitation any adjustment in the cost of the
Work, DESIGN/BUILD FIRM's, Guaranteed Maximum Price, or the Contract Time,
subject to performance thereof and payment therefore pursuant to the terms of this
Contract and such Change Order. Changes in Contract Time will only be considered by
the CITY when Contractor provides sufficient documentation delineating the daily impact
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
to controlling items (Critical Path) identified in the original approved CPM Project
Schedule.
37.05.03 The DESIGN/BUILD FIRM's fee on such changes shall be a percentage
of the net change to the cost of the Work resulting from the Change Order, not to exceed
ten percent (10%).
Subcontractor's percentage markup on Change Orders for overhead and profit shall be
reasonable, but in no event shall the aggregate of the Subcontractor's overhead and
profit markups exceed seven and a half percent (7.5%) of the Subcontractor's cost of the
Work. In the event Subcontractor is affiliated with the Contractor by common ownership
or management, or is effectively controlled by the Contractor, no fee will be allowed on
the Subcontractor's costs. In the event there is more than one level of Subcontractor,
such as second and third tier Subcontractors, the sum of all of the Subcontractors'
percentage markups for overhead and profit shall not, in the aggregate, exceed ten
percent (10%) of the cost of the Work. Subcontractor's cost of the Work shall be
determined in accordance with Article 12, hereof.
37.05.04 Contractor shall not start work on any alteration requiring an increase in
the Contract Price or the Contract Time until a Change Order setting forth the
adjustments is approved by the CITY unless there is an immediate need to perform the
work to maintain the CPM Project Schedule. If there were such a need, the Contract
Administrator will issue direction to perform the work on the basis of a preliminary
estimate provided by the Contractor and approved by the Project Manager. Upon receipt
of a Change Order Contractor shall promptly proceed with the work set forth within the
document.
37.05.05 In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change Order has not
been issued, CITY reserves the right at its sole option to either terminate the Contract as
it applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed work; or submit the matter in dispute to Project
Manager and Contract Administrator as set forth in Article 11, hereof. During the
pendency of the dispute, and upon receipt of a Change Order, DESIGN/BUILD FIRM
shall promptly proceed with the change in the Work involved and advise the Project
Manager and Contract Administrator in writing within five (5) calendar days of
DESIGN/BUILD FIRM's agreement or disagreement with the method, if any, provided in
the Change Order for determining the proposed adjustment in the Contract Price or
Contract Time.
37.05.06 Upon approval of any Contract change increasing the Contract Price,
DESIGN/BUILD FIRM shall ensure that the Performance Bond and Payment Bond are
increased so that each reflects the total Contract Price as increased.
37.05.07 Change Orders may be issued unilaterally by CITY.
37.05.08 The DESIGN/BUILD FIRM hereby waives any claim not made with a
timely request for a Change Order.
37.05.09 Notwithstanding anything in this Article 37, or in any other term or
condition of this Agreement, DESIGN/BUILD FIRM acknowledges and agrees that
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
after the Guaranteed Maximum Price has been established, no Change Order shall
be approved in the case where the DESIGN/BUILD FIRM encounters a DCP
discrepancy and has failed to foresee and/or coordinate any conditions in the
Work, including conflicts between the Contract Documents, Plans and
Specifications, and the existing Project site conditions, utilities, and unforeseen
underground conditions, which will cause an increase to the Contract Price or the
Contract Time.
37.05.10 No change in the Guaranteed Maximum Price shall be allowed for delays
caused by labor disputes and strikes specific to the Project, or for other delay caused by
the DESIGN/BUILD FIRM or its Subcontractors or suppliers of any tier.
37.05.11 The DESIGN/BUILD FIRM waives all claims for additional time or
additional compensation for Work performed without a written Change Order, unless as
stated in Subsection 37.05.04.
37.05.12 The DESIGN/BUILD FIRM agrees that, regardless of the pendency of any
claim for additional compensation or time, the DESIGN/BUILD FIRM shall continue to
execute all Work. The DESIGN/BUILD FIRM shall take all reasonable measures to
minimize the effect of the pendency of a claim.
37.05.13 Should a material discrepancy be found between the DCP and the
Contract Documents, and provided only that said discrepancy results from the regulatory
review of an agency that has regulatory authority over the permitting process, the CITY
shall issue a Change Order to the DESIGN/BUILD FIRM.
37.05.14 DESIGN/BUILD FIRM shall not include or request payment on any
Change Orders that have not been formally and fully approved and executed by the
appropriate parties.
ARTICLE 38 DIFFERING SITE CONDITIONS
38.01 No equitable adjustment to the Contract shall be allowed for DESIGN/BUILD FIRM and
no change to Contract Price or Contract Time, in the event that during the course of the Work
DESIGN/BUILD FIRM encounters an existing condition that was not shown on the Contract
Documents; or 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.
ARTICLE 39 (This Article left intentionally blank)
ARTICLE 40 NO DAMAGES FOR DELAY
40.01 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.
DESIGN/BUILD FIRM shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from CITY for direct, indirect, consequential, impact, or other costs,
expenses or damages including, but not limited to, costs of acceleration or inefficiency arising
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
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, DESIGN/BUILD FIRM hindrances or
delays are not due solely to fraud, bad faith or active interference on the part of CITY or its
agents. Unless the delay is due solely to fraud, bad faith, or active interference by the City,
DESIGN/BUILD FIRM shall be entitled only to extensions of the Contract Time as the sole and
exclusive remedy for such resulting delays, in accordance with and to the extent specifically
provided above. The specific application of this Article to other provisions of this Agreement
shall not be construed as a limitation of any sort upon the further application of this Article. Ten
Dollars ($10.00) of DESIGN/BUILD FIRM'S fee is acknowledged as separate and independent
consideration for the covenants contained in this Article.
ARTICLE 41 SUBSTANTIAL COMPLETION
41.01 When DESIGN/BUILD FIRM considers that the Project, or a designated portion thereof,
which is acceptable to CITY (in the event CITY chooses to accept same pursuant to the sole
authority and discretion afforded to it under Article 30 hereof), is substantially complete,
DESIGN/BUILD FIRM shall so notify the Contract Administrator and Project Manager, in writing,
and shall prepare for submission to the Contract Administrator and Project Manager a thorough
list of items to be completed or corrected, together with a schedule for completion of all items.
The failure to include any items on such list does not alter the responsibility of DESIGN/BUILD
FIRM to complete all Work in accordance with the Contract Documents. The Contract
Administrator, Project Manager, and such other persons as they may deem necessary, shall
conduct a joint inspection to determine that the Project (or designated portion thereof) is
substantially complete. The Contract Administrator will then instruct DESIGN/BUILD FIRM to
prepare and deliver to the Contract Administrator a Certificate of Substantial Completion which
shall establish the date of Substantial Completion for the Project (or that portion of the Project).
After review of the certificate by the Contract Administrator, CITY shall either accept or reject
the certificate. Acceptance of Substantial Completion by CITY shall be based upon compliance
with the Contract Documents and Applicable Laws. DESIGN/BUILD FIRM shall have thirty (30)
days to complete the items listed therein. Warranties required by the Contract Documents and
submitted in appropriate form to the Contract Administrator along with the request for
Substantial Completion shall commence on the date of Substantial Completion of the Project (or
for that portion of the Project). The Certificate of Substantial Completion shall be submitted to
CITY through the Contract Administrator and DESIGN/BUILD FIRM for their written acceptance
of the responsibilities assigned to them in such Certificate.
ARTICLE 42 SHOP DRAWINGS AND SCHEDULE OF VALUES
42.01 DESIGN/BUILD FIRM shall submit Shop Drawings for all equipment, apparatus,
machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose
of a Shop Drawing 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.
42.02 DESIGN/BUILD FIRM shall submit to the Contract Administrator, within thirty (30)
calendar days following the application for a building permit, a complete list of preliminary data
on items for which Shop Drawings are to be submitted. Approval of this list by the Contract
Administrator, which approval shall be in writing, shall in no way relieve DESIGN/BUILD FIRM
from submitting complete Shop Drawings and providing materials, equipment, etc., fully in
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
accordance with the Contract Documents. This procedure is required in order to expedite final
approval of Shop Drawings.
42.03 After the approval of the list of items required in Subsection 42.02, DESIGN/BUILD
FIRM shall promptly request Shop Drawings from the various manufacturers, fabricators, and
suppliers.
42.04 DESIGN/BUILD FIRM shall thoroughly review and check the Shop Drawings and each
and every copy shall show DESIGN/BUILD FIRM'S approval thereon.
42.05 If the Shop Drawings show or indicate departures from the Contract requirements,
DESIGN/BUILD FIRM shall make specific mention thereof in its shop drawing submittal and a
separate letter. Failure to point out such departures shall not relieve DESIGN/BUILD FIRM from
its responsibility to comply with the Contract Documents. Contract Administrator shall
determine acceptability of change and, in considering said change, may require data, technical
comparisons, cost comparisons, quality comparisons and/or calculations to determine the
equality of deviations. Contract Administrator is not obligated to accept deviations.
42.06 No work called for by Shop Drawings shall be done until the said Drawings have been
furnished to and accepted, in writing, by the Contract Administrator. Contract Administrator shall
respond to Shop Drawings pre-approved by Consultant with objections or acceptance within ten
(10) business days of receipt. Acceptance is for design intent only and shall not relieve
DESIGN/BUILD FIRM and Consultant from responsibility for fit, form, function, quantity or for
errors or omissions of any sort on the Shop Drawings.
42.07 No acceptance will be given to partial submittal of Shop Drawings for items which
interconnect and/or are interdependent. It is DESIGN/BUILD FIRM'S responsibility to assemble
the Shop Drawings for all such interconnecting and/or independent items, check them, and then
make one (1) submittal to the Contract Administrator, along with DESIGN/BUILD FIRM'S
comments as to compliance, noncompliance, or features requiring special attention.
42.08 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. Catalog sheet with multiple options shall be highlighted to depict specific
pertinent data including options.
42.09 DESIGN/BUILD FIRM shall submit to Contract Administrator eight (8) copies. Re-
submissions of Shop Drawings shall be made in the same quantity until final acceptance is
obtained.
42.10 Contract Administrator's acceptance of the Shop Drawings, as approved by
DESIGN/BUILD FIRM, will be for general compliance with the Plans and Specifications, and
shall not relieve DESIGN/BUILD FIRM of responsibility for the accuracy of such Drawings, nor
for the proper fittings and construction of the Work, nor for the furnishing of the Materials or
Work required by the Contract and not indicated on the Drawings.
42.11 DESIGN/BUILD FIRM shall keep one (1) set of Shop Drawings, marked with the
Contract Administrator's acceptance, at the Project site at all times.
42.12 The DESIGN/BUILD FIRM shall submit a Schedule of Values to the Contract
Administrator as specified in the Technical Specifications. DESIGN/BUILD FIRM shall submit to
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
the Contract Administrator a separate Schedule of Values for demolition, abatement, and site
work thirty (30) calendar days prior to commencing such portion of the Work. The schedule will
be typed on 8-1/2" x 11" white paper listing: title of Project, location, Project number, Consultant,
Contractor, Contract designation, and date of submission. The schedule shall list the installed
value of the component parts of the work in sufficient detail to serve as a basis for computing
values for progress payments during the construction. The table of contents of the specifications
shall establish the format for listing the component items. Each line item will be identified by the
number and title of the respective major section of the specifications. For each line item,
DESIGN/BUILD FIRM shall list the sub-values of major products or operations under the item.
Each item shall include the proportion of DESIGN/BUILD FIRM'S overhead and profit. For any
items for which progress payments will be requested for stored materials, the value will be
broken down with:
42.12.01 The cost of materials delivered, unloaded, properly stored and
safeguarded, with taxes paid; and
42.12.02 The total installed value.
ARTICLE 43 FIELD ENGINEERING
43.01 The DESIGN/BUILD FIRM shall provide and pay for field engineering services required
for the Project. This work shall include the following elements:
43.01.01 Survey work required in execution of the Project.
43.01.02 Civil, structural or other professional engineering, architectural, landscape
architectural, or land surveying services specified, or required to execute the
DESIGN/BUILD FIRM'S construction methods.
43.02 The survey completed by DESIGN/BUILD FIRM will identify the qualified engineer or
registered land surveyor, acceptable to the CITY, and he or she shall be retained by the
DESIGN/BUILD FIRM at the outset of this Project.
43.03 The survey will locate and protect control points prior to starting site work, and will
preserve all permanent reference points during construction.
43.03.01 No changes or relocations will be made without prior written notice to the
Contract Administrator.
43.03.02 A written report shall be made to the Contract Administrator when any
reference point is lost or destroyed, or requires relocation because of necessary
changes in grades or locations.
43.03.03 The surveyor shall be required to replace Project control points which
may be lost or destroyed. The surveyor shall be duly registered as a surveyor or
mapper, as required by state law.
43.03.04 Replacements shall be established based upon original survey control.
ARTICLE 44 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
44.01 The entire responsibility for establishing and maintaining a line and grade in the field lies
with DESIGN/BUILD FIRM. DESIGN/BUILD FIRM shall maintain an accurate and precise
horizontal and vertical record of the existing building conditions; final building conditions; and all
pipe lines, conduits, structures, underground utility access portals, handholes, fittings, etc.
encountered or installed during construction. DESIGN/BUILD FIRM shall deliver these records
in good order to the Contract Administrator as the work is completed. These records shall serve
as a basis for as built drawings. The cost of all such field layout and recording work is included
in the Contract Price.
44.02 DESIGN/BUILD FIRM shall maintain in a safe place at the site, one (1) record copy of
the Plans and Specifications, addenda, written amendments, Change 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, will be available to Contract Administrator for reference. Upon
completion of the Project, these record documents, samples and Shop Drawings shall be
delivered to Contract Administrator.
44.03 At the completion of the Project, the DESIGN/BUILD FIRM shall turn over to the CITY a
set of reproducible drawings (Mylars) and a complete set of all drawings in the latest version of
AutoCAD on Compact Disk, not compressed, which accurately reflect the "as-built" conditions of
the new facilities. All changes made to the Construction Documents, either as clarifications or as
changes, will be reflected in the plans. The changes shall be submitted on Mylar at least
monthly to the Contract Administrator. These "as-built" drawings on Mylar and the latest version
of the AutoCAD format media must be delivered and found to be acceptable prior to final
payments.
ARTICLE 45 SAFETY AND PROTECTION
45.01 DESIGN/BUILD FIRM shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project. DESIGN/BUILD FIRM shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
45.01.01 All employees on the Project and other persons who may be affected
thereby;
45.01.02 All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
45.01.03 Other property at the 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.
45.02 DESIGN/BUILD FIRM shall comply with all Applicable Laws, for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. DESIGN/BUILD FIRM shall notify owners
of adjacent property and utilities when prosecution of the work may affect them. All damage,
injury or loss to any property referred to in Sections 45.01.02 and 45.01.03 above, caused
directly or indirectly, in whole or in part, by DESIGN/BUILD FIRM, any Subcontractor or
Consultant, or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, shall be remedied by DESIGN/BUILD FIRM; however,
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
DESIGN/BUILD FIRM shall not be liable for injury or damage caused by the gross negligence or
willful misconduct of the CITY, its employees, consultants or its separate contractors.
DESIGN/BUILD FIRM'S duties and responsibilities for the safety and protection of the Project
shall continue until such time as all the Project is completed and the Contract Administrator has
issued a notice to DESIGN/BUILD FIRM that the Project is acceptable except, as otherwise
provided in Article 30.
45.03 DESIGN/BUILD FIRM shall designate a responsible member of its organization at the
Project site whose duty shall be the prevention of accidents. This person shall be
DESIGN/BUILD FIRM'S Project Representative unless otherwise designated in writing by
DESIGN/BUILD FIRM to CITY.
ARTICLE 46 (This Article left intentionally blank)
ARTICLE 47 ( This Article left intentionally blank)
ARTICLE 48 CLEANING UP AND REMOVAL OF EQUIPMENT
48.01 DESIGN/BUILD FIRM shall at all times keep the Project site free from accumulation of
waste materials or rubbish caused by DESIGN/BUILD FIRM'S operations. At the completion of
the Project, DESIGN/BUILD FIRM shall remove all its waste materials and rubbish from and
about the Project as well as its tools, construction equipment, machinery and surplus materials.
If DESIGN/BUILD FIRM fails to clean up at the completion of the Project, CITY may do so, and
the cost thereof shall be charged to DESIGN/BUILD FIRM.
48.02 CITY'S Right to Clean-Up: If a dispute arises between DESIGN/BUILD FIRM and
separate contractors as to responsibility for cleaning up, CITY may clean up and charge the
cost thereof to the contractors responsible therefore, as the Contract Administrator shall
determine to be just. This provision is solely for cleaning.
48.03 Removal of Equipment: In case of termination of this Agreement before completion for
any cause whatever, DESIGN/BUILD FIRM, if notified to do so by CITY, shall promptly remove
any part or all of DESIGN/BUILD FIRM'S equipment and supplies from the property of CITY,
failing which CITY shall have the right to remove such equipment and supplies at the expense
of DESIGN/BUILD FIRM.
ARTICLE 49 (This Article left intentionally blank)
ARTICLE 50 BONDS AND INSURANCE
DESIGN/BUILD FIRM shall furnish, or cause to be furnished, on or before fifteen (15) days after
execution of this Agreement, the following:
50.01 Performance Bond and Payment Bond (Surety):
50.01.01 A performance bond and payment bond of the form and containing all the
provisions attached hereto and made a part hereof. Payment and Performance bonds
may be in the form of dual obligee bonds from the Contractor in the amount of the
contract between the DESIGN/BUILD FIRM and the Contractor, naming the CITY and
DESIGN/BUILD FIRM as dual obligees. DESIGN/BUILD FIRM shall provide payment
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
and performance bonds in the remaining amount of the Contract Price naming the CITY
as the obligee on those bonds.
50.01.02 The Bonds shall be in the amount of one hundred percent (100%) of the
Contract amount guaranteeing to CITY the completion and performance of the Project
covered in this Agreement as well as full payment of all suppliers, material persons,
laborers, or Subcontractors employed pursuant to this Project. Such Bonds shall be with
a surety company which is qualified pursuant to Section 50.03.
50.01.03 Such Bonds shall continue in effect for one ear after completion and
Y P
acceptance of the Project with liability equal to one hundred percent (100%) of the
Contract Price, or an additional bond shall be conditioned that DESIGN/BUILD FIRM
will, upon notification by CITY, correct any defective or faulty work or materials which
appear within one year after completion and acceptance of the Project.
-OR-
50.02 Performance and Payment Guaranty:
50.02.01 In lieu of a performance bond and payment bond, DESIGN/BUILD FIRM
may furnish an alternate form of security which may be in the form of cash, money order,
certified check, cashiers check or irrevocable letter of credit. Such alternate forms of
security shall be for the 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 Project.
50.03 Qualifications of Surety:
50.03.01 A separate performance bond and payment bond must be executed by a
surety company of recognized standing, authorized to do business in the State of Florida
as surety, having a resident agent in the state of Florida and having been in business
with a record of successful continuous operation for at least five (5) years.
50.03.02 In addition to the above-minimum qualifications, the surety company must
meet at least one of the following additional qualifications:
50.03.02.01 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 CFR 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.
50.03.02.02 The surety company shall have at least the following minimum
ratings in the latest revision of Best's Insurance Report:
Amount of Bond Ratings Category
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
500,001 to 1,020,000 B+ Class
1,020,001 to 2,000,000 B+ Class I I
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
50.04 INDEMNIFICATION OF CITY
50.04.01 In consideration of twenty-five dollars ($25.00), separately acknowledged
by DESIGN/BUILD FIRM, and other valuable consideration, DESIGN/BUILD FIRM shall
indemnify and save harmless CITY, its officers, agents and employees, from or on
account of any injuries or damages, received or sustained by any person or persons
during or on account of any construction activities of DESIGN/BUILD FIRM its
Consultant, Contractor, or any Subcontractors, Subconsultants, agents, servants, or
employees connected with the Project; or by or in consequence of any negligence of
DESIGN/BUILD FIRM, its Consultant, Contractor, or any Subcontractors,
Subconsultants, agents, servants, or employees (excluding gross negligence or willful
misconduct of CITY), in connection with the construction activities of the DESIGN/BUILD
FIRM its Consultant, Contractor or any Subcontractors, Subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper materials;
or by or on account of any act, error or omission of DESIGN/BUILD FIRM its Consultant,
Contractor, or any Subcontractor, Subconsultants, agents, servants or employees,
except to the extent caused by CITY. DESIGN/BUILD FIRM agrees to indemnify and
save harmless CITY against any claims or liability arising from or based upon the
violation of any federal, state, CITY or city laws, bylaws, ordinances or regulations by
DESIGN/BUILD FIRM, its Consultant, Contractor, Subcontractors, Subconsultants,
agents, servants or employees (excluding gross negligence or willful misconduct of
CITY). DESIGN/BUILD FIRM further agrees to indemnify and save harmless CITY from
all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against CITY on account of any claims, fees, royalties,
or costs for any invention or patent, and from any and all suits and actions that may be
brought against CITY for the infringement of any and all patents or patent rights claimed
by any person, firm, or corporation. This consideration is separate and distinct from any
other consideration received by DESIGN/BUILD FIRM.
50.04.02 DESIGN/BUILD FIRM further agrees to indemnify, save harmless and
defend CITY, its agents, servants and employees, from and against any claim, demand
or cause of action of whatever kind or nature arising out of any negligent conduct or
misconduct of DESIGN/BUILD FIRM not included in Section 50.04.01 above and for
which CITY, its Consultant, Contractor, Subcontractors, Subconsultants, agents,
servants or employees, are alleged to be liable.
50.04.03 The indemnification provided above shall obligate DESIGN/BUILD FIRM
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 that may be brought
against CITY which may result from the operations and activities under this Agreement
whether the construction operations be performed by DESIGN/BUILD FIRM, its
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
Consultant, Contractor, Subcontractors, its Subconsultants, or by anyone directly or
indirectly employed by any of the above.
50.04.04 The execution of this Agreement by DESIGN/BUILD FIRM shall obligate
DESIGN/BUILD FIRM to comply with the foregoing indemnification provision. The
obligations under this Section 50.04 shall survive termination and/or other expiration of
this Agreement.
50.05 INSURANCE: The contractor shall furnish to Department of Procurement Management,
City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139,
Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required
by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis, including Contractual
Liability, Products/Completed Operations, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage. City
of Miami Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage.
D. Professional (Design Errors & Omissions) Liability Insurance in an amount
not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%
of the limit of liability. The policy must be endorsed to provide coverage for up to
three (3) years after project completion. The policy is to be on a primary basis if
other professional liability is carried.
E. Installation Floater Insurance including coverage for material & equipment to
be installed during the course of this project. City of Miami Beach shall be
included as a Named Insured on this policy, as its insurable interest may appear.
This policy shall remain in force until acceptance of the project by the City.
All deductibles for insurance required in this Agreement are the responsibility of
the Contractor.
The insurance coverage required shall include those classifications, as listed in standard liability
insurance manuals, which most nearly reflect the operations of the vendor.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less
than "Class V" as to financial strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City Risk Management Division.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
or
The company must hold a valid Florida Certificate of Authority as shown in the
latest"List of All Insurance Companies Authorized or Approved to Do Business in
Florida" issued by the State of Florida Department of Insurance and are members
of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)
days in advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, 3rd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
ARTICLE 51 MISCELLANEOUS
51.01 ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or
pretended invention, 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 this Project or
appurtenances, are hereby included in the prices stipulated in this Agreement for said Project.
51.02 DATUM: All elevations are to refer to the North American Vertical Datum of 1988
(NAVD).
51.03 RIGHTS OF VARIOUS INTERESTS: Whenever work being done by CITY'S forces or by
other contractors is contiguous to work covered by this Agreement, the respective rights of the
various interests involved shall be established by the Contract Administrator to secure the
completion of the various portions of the work in general harmony.
51.04 ASSIGNMENT: This Agreement shall not be assigned or subcontracted a whole without
the written consent of the City, nor shall DESIGN/BUILD FIRM assign any monies due or to
become due to it hereunder, without the prior written consent of the City.
51.05 NO INTEREST: Any monies not paid by CITY when claimed to be due to
DESIGN/BUILD FIRM under this Agreement shall not be subject to 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, as such relates to the payment of interest,
shall apply to valid and proper invoices.
51.06 OWNERSHIP OF DOCUMENTS: Drawing, specifications, design, models, photographs,
computer AutoCAD disks, reports, surveys, and other data provided in connection with this
Agreement and for which CITY has rendered payment, are and shall become and remain the
property of CITY whether the Project for which they are made is executed or not. If this
Agreement is terminated for any reason prior to completion of the Work, CITY may, in its
discretion, use any design and documents prepared hereunder for the purpose of completing
the Project, provided that CITY has paid for same; and provided further that if such termination
occurs prior to completion of documents and/or through no fault of DESIGN/BUILD FIRM;
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
DESIGN/BUILD FIRM shall have no liability for such use; and provided further that any reuse
without the written verification or adaptation of DESIGN/BUILD FIRM for the specific purpose
intended will be without liability or legal exposure to DESIGN/BUILD FIRM. At the completion of
the Project, as part of the Project closeout, copies of all drawings on AutoCAD disks shall be
transmitted from DESIGN/BUILD FIRM to the Contract Administrator within seven (7) calendar
days of termination of this Agreement in addition to the record drawing. The provisions of this
clause shall survive termination or expiration of this Agreement and shall thereafter remain in
full force and effect. Any compensation due to DESIGN/BUILD FIRM shall be withheld until all
documents are received as provided herein. Notwithstanding the foregoing, the CITY retains
ownership of any and all documents provided to the DESIGN/BUILD FIRM and has full use
thereof without any further payment.
51.07 RECORDS
DESIGN/BUILD FIRM shall keep such records and accounts and require its Contractor,
Consultant, and Subcontractors to keep records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement. Such
books and records will be available at all reasonable times for examination and audit by CITY
and shall be kept for a period of three (3) years after the completion of the Project pursuant to
this Agreement. Incomplete or incorrect entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such entries.
51.08 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
DESIGN/BUILD FIRM shall not unlawfully discriminate against any person in its operations and
activities in its use or expenditure of the funds or any portion of the funds provided by this
Agreement and shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act in the course of providing any services funded in whole or in part by CITY,
including Titles I and 11 of the (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards.
DESIGN/BUILD FIRM'S decisions regarding the delivery of work and 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 or appropriately used as a basis for service delivery.
DESIGN/BUILD FIRM shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not discriminate
against any employee or applicant for employment because of race, age, religion, color, gender,
sexual orientation, national origin, marital status, political affiliation, or physical or mental
disability. In addition, DESIGN/BUILD FIRM shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms
and conditions of employment, training (including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall take affirmative action to ensure that applicants are employed and
employees are treated without regard to race, age, religion, color, gender, sexual orientation,
national origin, marital status, political affiliation, or physical or mental disability during
employment. Such actions shall include, but not be limited to, the following: employment,
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall not engage in or commit any discriminatory practice in violation of
the CITY'S Human Rights Ordinance, as same may be amended form time to time, in
performing the Scope of Services or any part of the Scope of Services of this Agreement.
51.09 NO CONTINGENT FEE: DESIGN/BUILD FIRM warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
DESIGN/BUILD FIRM to solicit or secure this Agreement and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for DESIGN/BUILD FIRM, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this provision, CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the Contract Price, or otherwise recover, the full
amount of such fee, commission, percentage, gift or consideration.
51.10 ALL PRIOR AGREEMENTS SUPERSEDED: AMENDMENTS: The Contract Documents
incorporate and include all prior negotiations, correspondence, conversations, agreements or
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
Agreement that are not contained in the Contract Documents. Accordingly it is agreed 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 contained in a written document executed with the
same formality and of equal dignity herewith.
51.11 NOTICES: Whenever either party desires to give notice unto the other, it must be given
by written notice, sent by certified United States mail, with return receipt requested, addressed
to the party for whom it is intended, at the place last specified; and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice:
FOR CITY:
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Drive
Miami Beach, Florida 33139
c/o CIP Director
WITH COPY TO:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
c/o City Manager
and
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
do City Attorney
FOR DESIGN/BUILD FIRM:
51.12 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this Agreement by
DESIGN/BUILD FIRM shall act as the execution of a Truth-in-Negotiation Certificate stating that
wage rates and other factual unit costs supporting the compensation of this Agreement are
accurate, complete, and current at the time of contracting. The original Contract Price and any
additions thereto shall be adjusted to exclude any significant sums by which CITY determines
the Contract Price was increased due to inaccurate, incomplete, or non-current wage rates and
other factual unit costs. All such Contract adjustments shall be made within one (1) year
following completion and acceptance of the Project.
51.13 INTERPRETATION: The parties hereto acknowledge and agree that the language used
in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to
either party hereto. The headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall include
the plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the
particular sentence, paragraph or section where they appear, unless the context requires
otherwise. Whenever reference is made to a Section or Article of this Agreement, such
reference is to the Section or Article as a whole, including all of the subsections and
subparagraphs of such Section or Article, unless the reference is expressly made to a particular
subsection or subparagraph of such Section or Article.
51.14 RECYCLED CONTENT: In support of the Florida Waste Management Law,
DESIGN/BUILD FIRM is encouraged to supply any information available regarding recycled
material content in the products provided. CITY is particularly interested in the type of recycled
material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled
material contained in the product. CITY also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the product
has served its intended purpose.
51.15 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity 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, as amended, for category two purchases
for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
Violation of this section shall result in cancellation of the CITY purchase and may result in
debarment.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
51.16 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
be in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTRACT, DESIGN/BUILD
FIRM AND CITY 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.
DESIGN/BUILD FIRM SHALL SPECIFICALLY BIND ITS PROJECT TEAM MEMBERS AND
ANY AND ALL SUBCONTRACTORS TO THE PROVISIONS OF THE CONTRACT.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
ATTEST: THE CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
DESIGN/BUILD FIRM MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
[If incorporated sign below]
DESIGN/BUILD FIRM/
ATTEST:
By:
(Secretary) (President)
(Corporate Seal) (Print Name and Title)
day of 20
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
SAMPLE AGREEMENT FOR DESIGN BUILD PROJECTS
The City reserves the right to modify this agreement at any time prior to execution.
RESOLUTION TO BE SUBMITTED
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