Appendices A - K }
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APPENDIX•A
-.PROJECT DESCRIPTION AND PROJECT SITE' .
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Refer to the RFP-and DCP`for'project description. . •
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APPENDIX B
LIST OF REPORTS AND PROJECT PLANS
1.1. Narrative Reporting Subsystem. The Design/Builder shall prepare monthly and/or
daily written reports as described hereunder. All written reports shall be in 8 1/2" X 11"
format. The Design/Builder shall ensure that the City is provided a copy. The Narrative
Reporting Subsystem shall include the following reports:
a. A Monthly Executive Summary, which provides an overview of the Project's progress,
current issues and pending decisions, future developments and expected achievements,
and any problems or delays, including code violations found by, and delays in obtaining
and/or renewing any requisite permits from, any permitting authority.
b. A Monthly Cost Narrative describing the current construction cost estimate status of the
overall Project and Amendment or potential Claim status (i.e., amount, reason for
change, responsibility), which shall be addressed in detail.
c. A Monthly Scheduling Narrative summarizing the current status of the overall Project
Schedule. This report shall include an analysis of the various Project Schedule
components, a description of the critical path, and other analyses as necessary to
compare planned performance with actual performance of the Work. The Narrative
should include descriptions of any logic or other changes to the updated Project
Schedule versus the baseline Project Schedule and previous updates.
d. A Monthly Construction Progress Report during the Construction Phase summarizing the
overall progress of the Work of the Design/Builder and the various Subcontractors. This
report shall include information from the weekly Project Site meetings, as applicable,
such as general conditions, long lead supplies, current deliveries, safety and labor
relations, Project permits, construction problems and recommendations, and plans for
the succeeding month. The format for the Monthly Construction Progress Report must
be approved and accepted by the City, the Resident Project Representative and
Consultant, and will establish the format to be used for each subsequent Monthly
Construction Progress Report. Design/Builder shall index, bind and tabulate the Monthly
Construction Progress Report in a manner acceptable to the City. The Monthly
Construction Progress Reports shall include photos documenting the progress of the
Work. The photos will be 8" x 10" in size, with the date and location noted on the back of
each photo. A back-up flash drive or CD of the photos is to accompany the hard copies
of the photographs. The Monthly Construction Progress Reports and Project photos are
to be made an attachment to the Design/Builder's monthly Application for Payment.
e. A Daily Construction Diary or bound log, maintained in English, during the Construction
Phase describing events and conditions on the Project Site. The diary shall be
maintained at the Project Site and available to members of the City at any time upon
request, and shall set forth, at a minimum, for each day: the weather conditions; 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. A bound copy of the complete diary shall be submitted to the City at
Substantial Completion of the Project.
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The written reports outlined in the Section above shall be bound with applicable computer
reports and submitted monthly during the Pre-Construction Phase based on the then-current
available Construction Documents, and monthly during the Construction Phase. Copies shall be
transmitted by Design/Builder to the City and others designated by the Contract Administrator
with each monthly Application for Payment. Additional copies of the reports outlined in this
Section shall be bound separately and distributed monthly as directed by the Contract
Administrator. Certain electronic copies of reports shall be transmitted electronically to the
Contract Administratorand others as may be designated by the Contract Administrator.
1.2 Project Manual/Management Plans. Within forty-five (45) days of the Effective Date of the
this Agreement, the Design/Builder shall develop a comprehensive Project Management
Plan describing the services set forth in the Contract Documents and document such plans
in the Project Manual. The Project Manual shall serve as the Project Management Plan, and
shall include at a minimum, the following sections:
a. Project Organizational Chart. A summary organizational chart showing the
interrelationships between the various representatives of the Project, other
supporting organizations, and permitting review agencies. Detailed charts
showing organizational elements participating in this Project shall be included for
each of the Key Members of the Project.
b. Responsibility Performance Chart. A detailed matrix showing the specific
responsibilities and interrelationships of the various Project representatives. The
Responsibility Performance Chart shall indicate primary and secondary
responsibility for each specific task required to deliver this Project. The
Design/Builder shall develop a similar chart for the personnel within its own
organization who are assigned to the Project, and for the personnel of the Key
Members of the Project from data supplied by each. Is it Project Manual or
Project Management Plan?
c. Communications Procedures. The Design/Builder shall establish written
procedures for communications and coordination required between Key
Members of the Project throughout the Project. Procedures shall cover such
items as correspondence, minutes, reports, inspections, team meetings,
technical reviews, design reviews, and other necessary communications and
timing of such communications as applicable. The Design/Builder shall use
electronic communication whenever possible. Design/Builder shall create a
master email list with a matrix of items to be circulated to the appropriate entities
and/or personnel, including, without limitation, the Consultant, Design
Subconsultants, the RPR, the City, Subcontractors and others.
d. Safety Plan. The Design/Builder shall develop a comprehensive safety program
for the Project to meet all applicable Federal, State and Local safety
requirements. This will include a comprehensive program for ensuring safety of
all persons and property affected by the Work.
e. Quality Assurance/Quality Control (QA/QC Plan). The Design/Builder shall
develop and maintain an effective Quality Assurance and Quality Control Plan
and procedures as delineated in Appendix E hereto, to ensure that materials
furnished and quality of Work performed are in accordance with the Construction
Documents and other Contract Documents.
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f. Crisis Management Plan. The Design/Builder shall develop a Crisis Management
Plan, describing a general approach to, and identifying emergency contacts in
case of, crisis situations, e.g., hurricane, riot, etc., that permits, to the fullest
extent possible, uninterrupted progress or performance of the Work or prompt
resumption of the Work.
g. Security Plan. The Design/Builder shall develop and maintain a comprehensive
Security Plan to protect the Project Site including, without limitation, the Work
installed and the equipment and materials stored within, and to protect the
materials stored off-site, against theft, vandalism, fire, and accidents, etc., as
required by job and location conditions. Mobile equipment and operable
equipment at the Project Site, and hazardous parts of new construction subject to
mischief, shall be locked or otherwise made inoperable or protected when
unattended.
h. Maintenance of Traffic and Project Site Logistics. The Design/Builder shall
prepare a logistics, access staging and maintenance of traffic plans for this Project. The plans
shall contain specific procedures for minimizing the disruption of surrounding operations and
inconvenience to the public accessing the Project Site and residents in the surrounding areas,
such as residents and visitors who must traverse the Project Site to access their residences,
hotels or other businesses. The Project Site Logistics Plan shall include documents illustrating
the scale and relationship of Project components based on the Project's current and future
requirements, Project Schedule and construction budget requirements. The Design/Builder shall
ascertain what temporary enclosures, if any, of building areas should be provided for, and may
be provided, as a practical matter, in order to assure orderly progress of the Work in periods
when extreme weather conditions are likely to be experienced.
' i. Risk Management Plan. The Design/Builder will identify those issues which
could impact the successful and timely completion of the Project within the approved Project
baseline schedule on a risk register. The Design/Builder will identify, evaluate, and assess
Project 'risks using a SWOT (strengths, weaknesses, opportunities and threats) analysis
sufficient to develop customized Project control strategies that maintain visibility and ensure
timely initiation of corrective actions should they be required. Assessed risk levels will determine
the control level to be used for each Project element, incorporating planned risk responses to
mitigate potential impacts.
1.3 Administrative Records.
The Design/Builder will maintain, on a current basis, unless agreed to otherwise by the Contract
Administrator, all files and records for the Project such as, but not limited to, the following:
• Punch Lists
• Cost Proposal Requests
• Bid Analysis/Negotiations/Award Information Contracts/Purchase Orders w/changes
• Material/Equipment Records
• Delivery Logs
• Payment Records
• Transmittal Records
• Inspection Reports
• Project Schedule, Construction Schedule and Updates thereto
• Suspense (Tickler) Files of Outstanding Requirements
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• Prevailing Wage Reports
• Shop Plan Submittal/Approval Logs
• Contract Documents
• Warranties and Guarantees
• Cost Accounting Records
• Labor Cost Records
• Material Cost Records
• Equipment Cost Records
• Payment Record Requests
• Subcontractor Pay Exception Reports
• Meeting Minutes
• Cost Estimates
• Bulletin Quotations
• Lab Test Reports
• Insurance policies, Insurance Certificates and Bonds
• Technical Standards
• Design Handbooks
• "As-Built" Marked Prints
• Operating & Maintenance Instruction Manuals and Lists
• Daily Progress Reports & Subcontractor Daily Reports
• RFIs, RFCs and Associated Logs
• Monthly Progress Reports
• Project Correspondence Files
• Project Manual
The above Records shall be available to the Contract Administrator, Project Coordinator, Resident
Project Representative, and other City representatives for reference or review at any time.
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APPENDIX C
FORM OF FINAL CERTIFICATE OF PAYMENT
FINAL CERTIFICATE OF PAYMENT:
PROJECT: Consultant:
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor:
CONTRACT FOR:
NOTICE TO PROCEED
DATE(S):
DATE OF ISSUANCE:
The undersigned hereby certifies and attests to the following: All conditions or
requirements of any permits or regulatory agencies have been satisfied. All documents
required by the Contract Documents have been received and accepted. The Work
required by the Contract Documents has been reviewed and the undersigned certifies
that the Work, including minor corrective work, has been completed in accordance with
the provisions of the Contract Documents and is accepted under the terms and
conditions thereof.
CERTIFIED AND ATTESTED TO:
Consultant BY DATE
Witness for Consultant BY DATE
Design/Builder BY DATE
Witness for Design/Builder BY DATE
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Based upon the representation and certification of the Consultant and Design/Builder
regarding - the proper completion of the Work, the City, through the Contract
Administrator, accepts the Work as fully complete and will assume full possession
thereof at
(time)
(date)
City of Miami Beach, Florida
By Contract Administrator - Date
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APPENDIX D
PROJECT SCHEDULE
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APPENDIX E
QUALITY CONTROL/QUALITY ASSURANCE
The Design/Builder shall submit, subject to the approval of the City, a comprehensive Quality
Control/Quality Assurance Plan as provided in the Contract Documents that includes the
components required herein and in other provisions of the Contract Documents. The City shall
monitor and review the performance of the Quality Control Plan by the Design/Builder, including
observation of inspections and testing activities, as provided in the Contract Documents. All
Submittals required pursuant to the Design/Builder's Quality Control Plan, or in other provisions of
the Contract Documents, shall be delivered to the City, unless otherwise expressly provided in the
Contract Agreement.
The City shall have the right to reject Work which does not conform to the Contract Documents. If
the City determines that a defect or nonperformance exists, the Design/Builder shall cause the
defective or nonconforming condition to be corrected or replaced with a conforming installation,
product or result, subject to the approved Quality Control Plan, provisions of the Contract
Documents and approval of City. City's failure to identify and/or reject any defective or non-
conforming Work shall not operate to waive City's right to subsequently demand that
Design/Builder remedy any defective or non-conforming Work in accordance with the Contract
Documents.
1. Quality Control (QC) Plan. The Design/Builder shall submit for the City's approval a Quality
Control Program Plan for the execution of the Work and the Design/Builder shall organize and
conduct all activities to be performed under the Contract Documents with strict attention and
adherence to the approved Quality Control Plan. The scope of the Quality Program Plan shall
include the quality assurance and quality control elements necessary for the design, procurement,
manufacturing, installation, construction, start-up, integrated Systems testing, and execution of the
Work by the Design/Builder and Subcontractors, and shall comply with the requirements of the
Contract Documents. The Quality Control Plan shall include the preparation of documented quality
control procedures and instructions in accordance with the requirements defined in this Section, as
well as those specified in the Contract Documents, specifically the Construction Documents.
The Design/Builder shall be responsible for controlling the quality of all Work, including the Work of
Subcontractors. The Design/Builder shall include in its Subcontracts those provisions which it
considers necessary to assure that the quality of subcontracted Work will be consistent with that
required of the Design/Builder.
The City may audit and inspect the Design/Builder's and Subcontractors' Quality Control Programs
at any time. Such audits may be conducted on a random or routine basis and may include an audit
of the Design/Builder's inspection records and data. Additionally, the City shall have the right to
witness any quality control tests or inspections and shall have access to all test data, including test
procedures, test specifications and test results. Further, the City shall have the right to conduct
independent tests or inspections (at the City's expense) of any material or equipment to be used in
the Work. Such audits, inspections or tests conducted shall be performed to verify that all Work is
performed in compliance with applicable provisions of the Contract Documents, but shall not
relieve the Design/Builder of any of its obligations under the Contract.
2. Quality Assurance Management. The Design/Builder shall prepare a management structure
and organizational chart which shall reflect a commitment for an effective quality assurance policy,
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and which shall define and document its Quality Program Plan approach and objectives for, and
commitment to, quality. The Design/Builder shall ensure that the Quality Program Plan is
understood, implemented, and maintained at all levels of the Design/Builder's organization.
Management personnel responsible for performing quality control and assurance functions shall
report directly to the Design/Builder's Project Executive and Contract Administrator.
a) Quality Assurance Personnel. In its Quality Program Plan, the Design/Builder shall
identify the qualifications and experience of personnel responsible for implementation of quality
assurance elements of the Quality Program Plan, and a description of the duties of the assigned
personnel by job description. Personnel responsible for quality assurance shall be qualified by
virtue of skill, education and experience on projects of similar type and complexity. The City
reserves the right to approve the Design/Builder's QA/QC manager.
b) Quality Assurance Verifications. The Design/Builder shall identify internal
verification requirements, provide adequate resources, and assign trained personnel for verification
activities. Verification activities shall be performed by personnel independent of those having the
responsibility for the Work being performed. Verification activities shall include verifying the
adequacy and enforcement of quality control procedures as they relate to inspections, tests,
monitoring of the design, procurement, construction, installation and start-up of the equipment,
materials, Systems and completed Work.
c) Procurement Quality Assurance. The Design/Builder shall establish and employ
procedures for the selection and control of Subcontractors, including suppliers, which will assure
the use of qualified procurement sources and which will provide methods of monitoring the quality
levels of the products and services to ensure that they conform to Contract requirements. The
Design/Builder shall select Subcontractors, in part, on the basis of their ability to meet the Quality
Control Plan requirements.
3. Design Quality. The Design/Builder shall be responsible for the quality of all design
documentation under the Contract. The Design/Builder shall establish and utilize procedures and
instructions to ensure that all design documents, including those prepared by Subcontractors, are
prepared in accordance with the standard of care required pursuant to these subsections and shall
meet all other requirements of the Contract Documents. Design and verification activities shall be
planned and assigned to qualified staff equipped with adequate resources. Organizational and
technical interfaces between different groups within the Design/Builder's or Subcontractor's
organizations which provide input into the design process shall be identified and carefully
monitored by the Design/Builder to insure an accurate, complete, adequate and fully coordinated
design. Such interface monitoring shall be documented and regularly reviewed. Incomplete,
unsatisfactory or ambiguous integrated designs shall be identified and promptly resolved by the
Design/Builder.
a) Design Quality Control Procedures. Quality control with respect to the design of
the Work, and all design-related documentation shall include:
i. Measures to ensure that appropriate quality standards are included in the
design documents and used in the selection and review for suitability of
materials, equipment, systems and assemblies.
ii. Drawings, specifications, reports and other documents shall be stamped and
signed by the responsible architect or engineer in accordance with
Applicable Laws.
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iii. Coordination of Work performed by different persons in the same area, or in
adjacent areas or in related tasks to ensure that conflicts, omissions or
misalignments do not occur between or among drawings, or between the
drawings and the specifications, and to coordinate the review, approval,
release, distribution and revision of design documents prepared by such
persons.
iv. Elements of Work requiring special quality control attention or emphasis,
including the applicable standards of quality or practice to be met and the
level of completeness and extent of detailing required.
v. Development of a list, by discipline, of the names, qualifications, duties,
responsibilities and authorities for all persons proposed to be responsible for
quality control of design documents.
vi. Any requirements for external technical experts necessary to ensure the
quality of design of the Work, including the name, qualifications, duties,
responsibilities and authorities, the anticipated timing of the expected
availability of, and any coordination required with respect to, any such
experts.
vii. Preparation of composites in coordination with the Design/Builder's Designer
and equipment suppliers to the extent necessary to identify and resolve
conflicts in the location of architectural features, structural members,
installations and other elements of the Work.
b) Design/Builder Design Quality Review. Prior to the submittal of the design
construction documents, the Design/Builder shall provide a quality assurance and control review
with architects and engineers experienced in the appropriate disciplines. The criteria to be used in
such reviews shall include, but not be limited to:
i. Conformity of Design/Builder Contract Documents and Design/Builder
Drawings with the Contract Documents.
ii. Assurance that all materials, equipment, and other elements of the Work
have been designed to perform satisfactorily in service and in accordance
with the Contract Documents.
iii. The appearance, organization, and technical and grammatical accuracy of
such documents.
iv. Verification that such design construction documents have been checked
and signed by each drafter, architect or engineer, checker and reviewer.
v. Where required by the Contract Documents or applicable laws, verification
that such design construction documents have been stamped and signed by
the responsible engineer or architect.
vi. Assurance that such design construction documents have been prepared to
assure compatibility with all adjacent or dependent materials, equipment or
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other elements of the Work.
4. Quality Control of Construction, Manufacturing and Installation
The Design/Builder and each Subcontractor shall be responsible for the establishment and
implementation of quality control procedures and instructions for the inspection and testing of
manufactured and installed materials, equipment, and assemblies.
a) Inspection and Testing. The Design/Builder shall conduct a complete review of the
Contract requirements and shall identify all inspections and tests required for procurement, and the
installation and construction of the project Facilities. The Design/Builder shall establish and employ
written receiving inspection procedures to ensure that materials, assemblies, and equipment or
other elements of the Work are not incorporated into the Work until each item has been inspected
or otherwise verified to conform to applicable requirements of the Contract Documents.
Verification shall be in accordance with the ,Quality Program Plan and other documented
procedures of the Design/Builder.
The Quality Control Plan and written procedures for first article inspection, final inspection and
testing shall provide procedures to ensure that upon completion of all required inspections and
tests (including those to be conducted either on receipt of material or equipment or while the
material, equipment or other elements of the Work are in process) the results are satisfactory and
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in compliance with all applicable requirements, and that the results are documented in test reports.
No material, equipment or other element of the Work shall be accepted until all the activities
specified in the Quality Control Plan and other documented procedures have been satisfactorily
completed and the inspection and testing results and documentation are available and approved
by the Design/Builder. The Design/Builder shall establish and maintain records which document
the fact that each item of material, equipment or other element of the Work has satisfied all
applicable inspection and test criteria and other requirements.
b) Field Samples and Mock-ups. Field samples and mock-ups shall be prepared at
the Project Site or other location by the Design/Builder as specified in the Contract Documents.
Affected finish Work shall not be started until the Design/Builder's Authorized Representative has
accepted as satisfactory field samples or mock-ups in writing. The City shall be notified in advance
and afforded an opportunity to review field samples and mock-ups before affected finish Work is
started.
c) Design/Builder's Control Inspection and Testing. The Design/Builder shall be
responsible for control inspection and testing of all materials, equipment and other elements of the
Work prior to their delivery from a manufacturer, or during construction (e.g., electrical equipment
load tests, soil compaction tests, concrete tests, piping system leakage tests), to ensure
compliance with the Contract Documents. Such inspection and testing shall be performed by a
qualified independent testing and inspection firm, to be engaged by the Design/Builder at its
expense, and approved by the City. The Design/Builder shall submit to the City the name,
address, and qualifications, together with the scope of services, of the proposed testing and
inspection firm at least sixty (60) Days prior to scheduled commencement of any Work involving
such inspection or testing. Should the Design/Builder desire to use more than one firm for control
inspection and testing, the required information shall be submitted for each such proposed firm.
All laboratory testing shall be performed by an independent, qualified testing laboratory, employing
equipment and qualified testing personnel approved by the City.
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d) Control of Nonconforming Material, Equipment, or Elements of Work. The
Design/Builder shall establish and maintain a nonconformance system and procedures for uniform
reporting, controlling and disposition of Nonconformance Items (NCI's). Procedures shall be
established to prevent the inadvertent use or installation of nonconforming material, equipment or
other elements of the Work. Control procedures shall provide for identification, evaluation,
segregation and, when practical, disposition of nonconforming material, equipment or other
elements of the Work and for notification to the Design/Builder, the City and all personnel involved
in the affected Work. The responsibility for review and authority for the disposition of
nonconforming material, equipment or other Work shall be as established by the Design/Builder in
the approved Quality Control Plan.
e) Corrective Action. The Design/Builder shall establish and maintain written
procedures for:
i. Investigating the cause of nonconforming material, equipment or other
elements of the Work and the corrective action needed to prevent
recurrence;
ii. Analyzing all processes, work operations, concessions, quality records,
service reports, and complaints of the City to detect and eliminate potential
causes of nonconforming material, equipment, or other elements of the
Work;
iii. Initiating preventive actions to deal with problems at a level corresponding to
risks encountered;
iv. Applying controls to ensure that effective corrective actions are taken; and
v. Implementing and recording changes in procedures resulting from corrective
action.
f) Handling, Storage, Packaging and Delivery. The Design/Builder shall establish
and maintain written procedures for handling, storage, packaging and delivery of materials,
equipment and other elements of the Work, including coordination with those materials included in
the City's Direct Purchase Program. The Design/Builder shall provide methods and means of
handling and provide secure storage areas or stock rooms that prevent damage or deterioration of
materials, equipment and other elements of the Work pending delivery, use, or incorporation into
the Work. Appropriate methods for authorizing receipt and the release to and from such areas
shall be stipulated. The condition of materials, equipment and other elements of the Work in
storage shall be assessed at regular and appropriate intervals.
g) Quality Record. The Design/Builder and Subcontractors shall establish and
maintain procedures for identification, collection, indexing, storage, maintenance and disposition of
records concerning the quality of the Work. Such records shall be maintained at the Project Site
and at manufacturing facilities and shall document achievement of the requirements of this Section,
and the effective operation of the Quality Program Plan. All quality records shall be legible and
identifiable as to the material, equipment or other element of the Work involved. When methods of
inspection and testing are changed, the Design/Builder shall obtain review and acceptance of
written procedures from the Owner before implementation of any change.
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Quality records shall be stored and maintained in such a manner that they are readily retrievable in
facilities that provide a suitable environment to minimize deterioration or damage to prevent loss.
Retention times of quality records shall be established and recorded. Quality records should be
made available, at all times, for evaluation and review by the City.
5. Conformity with Contract Requirements
a) Verification. All Work shall be performed and furnished by the Design/Builder
pursuant to, and in full conformity with, the Contract Documents. Throughout the duration of the
Contract, the Design/Builder will be required to so establish such conformance to the City. In
addition, the City may inspect and audit the Work, at all stages of its manufacture, fabrication,
factory testing, construction, installation, on-site testing, completion and acceptance procedures, at
any time. Review, verification and acceptance of the Work will be accomplished through the
design review and construction inspection and testing process. All design documents shall be
checked and verified by the Design/Builder for compliance with all applicable Contract Documents
and with Applicable Laws.
b) No Implied Duties. No right to act granted to the City under this Section, nor any
decision made by the City in good faith either to exercise or not to exercise such right, shall give
rise to any implied duty or responsibility of the City, respectively, to the Design/Builder, any
Subcontractor, any of their agents or employees, or any other person performing any of the Work,
or relieve the Design/Builder from its sole responsibility for performing its obligations hereunder.
Review of Submittals and any action taken by the City with respect to Submittals shall not relieve
the Design/Builder from its sole responsibility for accuracy, completeness, coordination, errors or
omissions in the Design/Builder Drawings, the Design/Builder Contract Documents and Submittals
and associated calculations, or for deviations from the Contract Documents or compatibility of the
item with contiguous or dependent items of the Work.
6. No Interference. The City shall not supervise the Design/Builder's forces or Subcontractors or
perform other duties for the Design/Builder, nor interfere with the management of the Work by the
Design/Builder. Any advice, instruction, direction or other order which the City may give the
Design/Builder shall not be construed as releasing the Design/Builder from fulfilling all of the terms
of the Agreement or other Contract Documents.
7. Rejection and Removal of Nonconforming or Defective Work. As more fully delineated in
Section 2.7.16.20, all Work which does not conform to the Design/Builder's warranties or to any
other requirements of the Contract Documents will be considered unacceptable, unless otherwise
determined to be acceptable as provided in the last paragraph of this Section. Any defective
condition, whether the result of poor workmanship, use of materials containing defects, damage
through carelessness or any other cause, found by, or disclosed to, the City shall be removed and
replaced by Work and materials which conform to the Contract Documents or shall be remedied to
the satisfaction of the City. Upon failure on the part of the Design/Builder to comply promptly with
any order of the City to remedy, remove or replace Work which is nonconforming or contains
Defects, the Owner may cause such nonconforming Work or Defect to be remedied or removed
and replaced by separate Contractors employed by the Owner at the Design/Builder's expense. In
such event, the costs of such removal, remediation and replacement shall be deducted from any
monies due or to become due the Design/Builder under the Agreement.
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In the event the City finds, as a result of monitoring of the Design/Builder's quality assurance and
quality control activities, that any materials, equipment or the finished product in which materials,
equipment or finished product are used are not in conformity with the requirements of the Contract
Documents, but that acceptable Work has, nonetheless, been produced, the Owner shall then
determine whether the Work shall nevertheless be accepted. If the Owner determines that the
Work should be accepted, the Owner will document the basis of acceptance by a Change Order for
Diminished Value, which will provide for an appropriate adjustment in the Contract Sum. Any such
acceptance shall not, however, ever result in an increase of the Contract Sum or the Contract
Price.
8. Design/Builder's Continuing Obligation. Neither the issuance of the Certificate of Final
Completion, nor the making of Final Progress Payment by the Owner will constitute acceptance of
any portion of the Work which is not in compliance with the requirements of the Contract
Documents or constitute a release or diminution of the Design/Builder's continuing obligations with
respect to the Work pursuant to applicable provisions of the Agreement or other Contract
Documents.
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APPENDIX G
DESIGN/BUILDER'S INSURANCE AND BONDING REQUIREMENTS
I. BONDING REQUIREMENTS
1. Design/Builder shall submit all supporting documentation and detailed invoices
with respect to insurance and bond premiums required for the Project. City's reimbursement of
insurance and bond premiums shall be for the portion of insurance and bond premiums directly
attributable to this Agreement. Premiums shall be net of trade discounts, volume discounts,
dividends and other adjustments.
2. The Performance Bond and the Payment Bond must each be executed by a
surety company in good standing with the Florida Office of Insurance Regulation and an
adequate rating from A.M. Best indicated in these Contract Documents which surety is
authorized to do business in the State of Florida as a 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.
3. The surety company that is bound by the Performance Bond and Payment Bond,
respectively, shall be responsible for Design/Builder's acceptable performance of the Work
under the Agreement and other Contract Documents and/or for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
4. The surety company shall hold a current Certificate of Authority as a n
acceptable surety on federal bonds in accordance with United States Department of Treasury
Circular 570, Current Revisions. If the amount of the Performance Bond and Payment 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 acceptable methods in
accordance with Treasury Circular 297, revised September 1, 1978 (31 CFR Section 223.10,
Section 223.11.) Further, the surety company shall provide City with evidence satisfactory to
City, that such excess risk has been protected in an acceptable manner.
5. The City will accept a surety bond from a company in accordance with the
requirements set forth below; provided however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the surety company based on
the financial information available to the City. The following sets forth, in general, the
acceptable parameters for bonds:
Policy- Financial Holder's Size
Amount of Bond Ratings Category
$500,001 to $1,000,000 A- Class
$1,000,001 to $2,000,000 A- Class II
$2,000,001 to $5,000,000 A Class III
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$5,000,000 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
II. INSURANCE REQUIREMENTS
Design/Builder shall provide, pay for and maintain in force at all times during the term of
this Agreement (unless otherwise provided) and any extensions thereof, the following insurance
policies:
1. Commercial General Liability with minimum limits of One Million Dollars
($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
a. Premises and/or Operations coverage;
b. Independent Contractor or Contractor Owners Protection Liability which
includes liability coverage for operations performed for the name of the insured
by independent and/or subcontractors that are hired, and acts or omissions of the
named insured in connection with his/her general supervision of such operations;
c. Products and/or Completed Operations coverage (Design/Builder shall
maintain in force for 2 years after completion of all work required coverage for
Products/Completed Ops, including Broad Form Property Damage);
d. Explosion/Collapse and Underground Hazard coverage;
e. Broad Form Property Damage.
f. Broad Form Contractual Coverage applicable to this specific Agreement,
including any hold harmless and/or indemnification agreement contained in the
Contract Documents.
g. City must be named as an Additional Insured on this policy as set forth in
Section 111.4 below.
2. Workers' Compensation Insurance to apply for all employees in compliance with the
"Workers Compensation Law" of the State of Florida and all applicable Federal laws.
Design/Builder shall ensure that all subcontractor(s) at all tiers have Workers' Compensation
Insurance for their employees in accordance with Florida's Workers' Compensation law. In
addition, the policy (ies) must include: Employers' Liability with minimum limits of Five Hundred
Thousand Dollars ($500,000) each accident.
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3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000)
per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include: (1) Owned Vehicles; and (2) hired and Non-Owned Vehicles.
4. Design Professional Liability or equivalent Errors & Omissions Liability shall be
maintained with the limits of liability provided by such policy to be no less than One Million
Dollars ($1,000,000)for each claim, subject to a maximum deductible acceptable to the City and
not-to-exeed $100,000. Design/Builder shall maintain the claims made form coverage with a
minimum of 3 years extended reporting following Final Completion and shall annually provide
City with evidence of renewal coverage. Design/Builder is responsible for all deductibles in the
event of a claim. Design/Builder shall indicate the deductible for this coverage on its Certificate
of Insurance. Design/Builder shall notify City in writing within thirty (30) days of any claims filed
or made against the Design Professional Liability Insurance Policy. Consultant and Design
Subconsultants shall each maintain the same Errors & Omissions Liability coverages required
herein.
5. Pollution Liability, which covers mitigation expenses and third-party liability in the
minimum amount of Two Million Dollars ($2,000,000) per claim, subject to a maximum
deductible acceptable to the City. Such policy shall include an annual policy aggregate in the
amount of Three Million Dollars ($3,000,000) and name City as additional insured.
Design/Builder shall indicate the deductible for this coverage on its Certificate of Insurance.
6. Installation Floater Insurance including coverage for material & equipment to be
installed during the course of this Project. City 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.
III. ADDITIONAL TERMS AND CONDITIONS:
1. Notice to City. If the initial insurance expires prior to the completion of the Work,
renewal copies of insurance policies shall be furnished to the City at least fourteen (14) days
prior to the date of their expiration. The insurance policy(ies) must be endorsed to provide
the City with at least thirty (30) days' notice of cancellation and/or restriction.
2. Certificates of Insurance. Design/Builder shall furnish to the City Certificates of
Insurance or endorsements evidencing the insurance coverage specified herein within fifteen
(15) days after notification of award of the Agreement, and shall also furnish to the City a copy
of each insurance policy required by this Agreement. The required Certificates of Insurance shall
name the types of policies provided, refer specifically to this Agreement , and state that such
insurance is as required by this Agreement. The Certificates of Insurance shall be in form
acceptable to, and subject to, approval by City. The failure to provide the Certificates of
Insurance within fifteen (15) days shall be the basis for the rescission of the awarding
Agreement. The official title of the certificate holder is City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
3. Right to revise or reiect. City's Risk Management Division reserves the right, but not
the obligation, to review and revise any insurance requirements at the time of insurance contract
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renewal and/or any amendments, not limited to deductibles, limits, coverages and
endorsements based on insurance market conditions affecting the availability or affordability of
coverage; or changes in the scope of work/specifications affecting the scope and applicability of
coverage.
4. Additional Insured. City and Design Criteria Professional shall be expressly included
as an Additional Insured on all policies, as applicable, and with an endorsement that is
acceptable to the City. Additional insured certificates for the City shall read "City of Miami
Beach, Florida", 1700 Convention Center Drive, Miami Beach, FL, 33139, Attn: Risk
Management, 3rd Floor.
5. Notice of Cancellation and/or Restriction. The policy(ies) must be endorsed to
provide City with at least thirty(30) days' notice of cancellation or non-renewal and/or restriction.
A copy of the endorsement(s) shall be provided with the Certificates of Insurance.
6. Duty of Care. Design/Builder's furnishing insurance coverage shall in no way relieve or
limit, or be construed to limit or relieve or limit, Design/Builder or any of its Subcontractors of
any responsibility, liability, or obligation imposed by the Contract Documents, or by Applicable
Laws, including, without limitation, any indemnification obligations which Design/Builder or any
of its Consultants, Design Subconsultants and Subcontractors have to City thereunder.
7. Design/Builder's Failure to Procure. Design/Builder's failure to procure or maintain
the insurance required by this Appendix G during the entire term of the Work shall constitute a
material breach and automatic Default of the Agreement. In the event of such a breach, the City
may exercise all available rights and remedies hereunder, including the right to immediately
suspend or terminate the Agreement without any further notice to or opportunity to use for
Design/Builder or, at its discretion, procure or renew such insurance to protect the City's
interests and pay any and all premiums in connection therewith, and withhold or recover all
monies so paid by the City from the Design/Builder.
8. Waiver of Subrogation. Where permitted by law, Design/Builder hereby waives all
rights of recovery by subrogation or otherwise (including, without limitation, claims related to
deductible or self-insured retention clauses, inadequacy of limits of any insurance policy,
insolvency of any insurer, limitations or exclusions of coverage), against City, and its respective
officers, agents, or employees. Certificates of insurance shall evidence the waiver of
subrogation in favor of the City, and that coverage shall be primary and noncontributory, and
that each evidenced policy includes a Cross Liability or Severability of Interests provision, with
no requirement of premium payment by the City.
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APPENDIX H
DESIGN CRITERIA
STORMWATER PUMP STATION AT THE NORTHEAST CORNER OF
MIAMI BEACH CONVENTION CENTER.
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 STORMWATER PUMP STATION AT THE NORTHEAST CORNER
OF MIAMI BEACH CONVENTION CENTER.
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 Conceptual Specifications
and Plans, for the Project. The CITY or its Representative shall be responsible for reviewing the
contract documents and providing construction administration services. The DESIGN / BUILD
FIRM shall interact with the CITY and or City's Representative.
F. Whenever a reference to number of days is noted, it shall be construed to mean
calendar days.
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1.02 PROFESSIONAL SERVICES
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 Proposal
Volume 2: - Design Criteria and DPW Operations recommendations on pump station.
Volume 3: - Attachments
Attachment 1: Washington Avenue Drainage Report. (AECOM)
Attachment 2: Geotechnical Reports dated August 8, 2014 & July 21, 2015
Attachment 3: Topographical Survey
Attachment 4: Conceptual Design Plans
Attachment 5: CMB Seawall Detail
This document and the Technical Specifications include Project requirements to be adhered to
by the DESIGN / BUILD FIRM. These documents require that a Consultant revise the
conceptual design plans and documents to incorporate the project requirements.
The Consultant shall take full responsibility for the contract documents, including but not limited
to drawings, technical specifications, cost estimates, and shall design using the design criteria.
In addition, the Consultant shall apply and obtain all regulatory permits for this project.
1.03 SCOPE OF WORK
A. The DESIGN / BUILD FIRM shall review all laws, regulations, codes and rules
applicable to the development, design and construction of the Project, correlate all such codes,
rules, regulations and laws with the City's requirements, and advise the City of any program
requirements that may cause a violation of such codes, rules, regulations and laws.
B. The DESIGN / BUILD FIRM shall make the necessary changes, revisions, modifications,
etc. to prepare a signed and sealed contract document set that incorporates the intent of the
master specifications (Divisions 1 through 16), and the conceptual design plans. In this capacity,
the DESIGN / BUILD FIRM shall make all requisite changes and revisions required by the CITY
and/or jurisdictional agencies at no additional cost.
C. The DESIGN / BUILD FIRM shall assist the City in filing documents required to obtain all
necessary approvals of Permitting Authorities having jurisdiction over the Project. The City
obtained the following permits and are included in Appendix J:
1. USCOE Dredge and Fill
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2. MD_RER Class I
3. MD_RER Class II
4. SFWMD ERP
All other required permits will be the responsibility of the DESIGN / BUILD FIRM.
D. The DESIGN / BUILD FIRM shall coordinate the design and construction requirements
with any Permitting Authorities, utilities and all Project stakeholders.
E. Information regarding existing conditions for the project has been developed and is
included as Volume 3 in this design criteria package as follows:
1. A preliminary drainage report has been prepared by AECOM for the proposed drainage
improvements. The Drainage Analysis is included in Attachment 1 of Volume 3.
2. Geotechnical soil surveys and reports have been prepared by Universal Engineering
Sciences in a series of two reports dated August 8, 2014 and July 21, 2015. These reports are
provided for reference only and were performed for the Miami Beach Convention Center
Improvement Project. The DESIGN / BUILD FIRM shall review and amend the existing
geotechnical soil surveys, as needed, to meet the requirements of the scope of work and the
Public Work Manual, Part I Geotechnical Considerations. The DESIGN / BUILD FIRM shall
verify / update the information presented to the extent necessary to ensure that the project can
be designed to meet all required criteria. The DESIGN / BUILD FIRM shall include in its
proposal additional geotechnical data that is deemed necessary to properly design and
construct the pump station and seawall. The Geotechnical Reports are included under
Attachment 2 of Volume 3.
3. Topographic Survey: A topographic survey is provided as existing information with this
Design Criteria Package. The survey is provided for information only. The DESIGN / BUILD
FIRM shall verify / update the information presented to the extent necessary to ensure that the
project can be designed to meet all required criteria. The Design Criteria Package Conceptual
Plans were developed based on a topographic survey prepared by Biscayne Engineering for the
Miami Beach Convention Center Project. The DESIGN / BUILD FIRM shall review and amend
the existing topographic survey, as needed, to meet the requirements of the scope of work and
the Public Work Manual, Part 1, Section 1, standard Design and Plan Production Criteria,
Survey and Mapping Standards. The DESIGN / BUILD FIRM shall include in its proposal
additional survey data that is deemed necessary to design and construct the pump station and
seawall. The Survey is included in Volume 3 attachment 3 and was used to develop the
Conceptual Plans.
F. 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.
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G. Contract Document Preparation (Drawings / Specifications): The DESIGN / BUILD FIRM
shall review the Design Criteria Package, Master Specifications (Divisions 1 through 16) and
Plans 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 master specifications, conceptual plans and the requirements of Division 1, of the
Master Specifications. 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%, 90% 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 scope of work. The following is a list of items that
the DESIGN / BUILD FIRM shall incorporate into its Contract Documents:
1. 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 with the private utility owner for the relocation of
any private utility in conflict with the proposed work at the cost of the private utility owner.
2. Existing Utility Verification: The DESIGN / BUILD FIRM shall include in its proposal any
required underground utility investigation that is deemed necessary to fully identify the exact
location of the existing utility and coordinate with the utility owner for the relocation at the utility
owner's expense. .
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 necessarily 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 its design of the proposed improvements with respect to conflicts
with identified existing utilities. This effort shall include, as a minimum, 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
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of utility verification requests and subsequent responses from utilities during analyses of
unforeseen condition claims.
The DESIGN / BUILD FIRM is alerted to the fact that there is an existing subaqueous high
voltage FPL transmission line under the Collins Canal. The DESIGN / BUILD FIRM shall
coordinate with FPL and field verify the location of this line prior to construction. The line carries
69,000 volts of electricity and is inside a steel pipe filled with dielectric fluid at 200 PSI. Vibration
caused by pile driving could impact the integrity of the high pressure pipe. Details of the location
of piling and the hammering rate shall be submitted to FPL Structural team for review to ensure
that the pipe will not be impacted by the construction.
3. 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. Major events held by the Convention Center including but
not limited to Art Basel and Design Miami requires all traffic lanes for all the roads in the vicinity.
The DESIGN / BUILD FIRM shall anticipate construction restrictions on such events unless it is
clearly demonstrated that no impact to those events will be created as a result of this project
construction activities.
H. 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. 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 permitability 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
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5. City of Miami Beach Public Works Department
6. Miami-Dade County Department of Regulatory and Economic Resources (RER)
(formerly DERM). The City obtained the Class I and Class II permits and are included in
Appendix J.
7. Miami-Dade County Water and Sewer Department
8. Miami-Dade County Public Works Department
9. Miami-Dade Department of Health and Rehabilitative Services
10. South Florida Water Management District. The City obtained the SFWMD ERP permit
and is included in Appendix J.
11. Florida Department of Environmental Protection
12. U.S. Army Corps of Engineers. The City obtained the COE Nationwide permit and is
included in Appendix J.
13. 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.
I. 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.
J. 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%, 90% 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.
K. 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.
L. 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
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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.
M. Time Frames and constrictions:
1. Notice to Proceed (NTP1) is expected to be issued soon after the contract has been
executed by all parties
2. Time is of the essence to substantially complete this project within 200 calendar days
after Notice to Proceed (NTP) is issued. Substantial completion shall be reached when partial
completion of the proposed pump station is placed into operation. Partial completion means to
place into operation the pump station that can deliver 50% of the design treatment capacity or
50 CFS and 50% of the flow capacity or 90 CFS. This includes the construction completion of at
least one of the two proposed train units including the Junction box, one treatment structure,
one wetwell with two pumps, one half of the energy dissipater unit including its front seawall and
the overflow structure. All required performance testing, training, installation certification, and
acceptance by the City shall be performed prior to substantial completion. The City and the
DESIGN / BUILD FIRM agree that Liquidated Damages #1 for delay are set in the amount of
$5,000 per calendar day and shall be deducted from monies due to the contractor for each
calendar day that expires after the time specified for substantial completion date.
3. Final completion shall be 120 calendar days after the issuance of substantial completion.
The City and the Contractor agree that Liquidated Damages #2 for delay are set in the amount
of $1,000 per calendar day and shall be deducted from monies due to the contractor for each
calendar day that expires after the time specified for final completion of the entire project.
4. The DESIGN / BUILD FIRM is alerted to the fact that the Convention Center has
scheduled major events such as Art Basel. These major events require that traffic for all major
roads are fully open at all times.
1.04 WORK COVERED BY CONTRACT DOCUMENTS
A. The WORK under CONTRACT comprises the design, permitting, and the construction of
the infrastructure site work for the CONSTRUCTION OF STORMWATER PUMP STATION AT
THE NORTHEAST CORNER OF MIAMI BEACH CONVENTION CENTER. The work will
include but not be limited to site preparation; earthwork; storm drainage infrastructure
installation, construction of a pump station and conflict utility resolutions. In addition to
construction related services, the project will require engineering design, permitting, surveying
services, utility locations, landscape architecture, and potentially geotechnical services.
B. The proposed items of construction include but are not limited to the following:
1) The proposed pump station has been sized by using the design criteria based on the
Washington Avenue Drainage Report submitted with this package as Attachment 1. 4-20,000
gallons per minute (GPM) with 18 feet total design head axial pumps. The Conceptual plans
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depict two parallel train units by means of a splitter box referred to as junction box. A train is a
unit composed of a Water Quality Treatment Structure discharging treated runoff directly into a
duplex wetwell.
The pumps shall be manufactured by Flygt. The pump equipment, pump motor, including
Variable Frequency Drives (VFDs), electrical panels, all instrumentation and control equipment
and all other pump incidentals shall be provided by a single manufacturer which shall be
responsible for all equipment.
The selected Design Build Firm may propose to the City the use of other pump manufacturer as
value engineering after this contract is awarded.
2) Pump controls shall include circuitry to alternate pump starts to ensure each pump is
exercised and are utilized evenly.
3) All pumps shall be ceramic coated and suitable for operation corrosive (saltwater)
environment. All associated equipment within the wetwell shall be corrosion resistant and
coated as applicable to operate in a corrosive (saltwater) environment.
4) Stormwater pumps shall be equipped with Variable Frequency Drive (VFD) units to
operate at maximum efficiency under all service conditions. The initial speed for the VFD shall
be at 50% motor speed.
5) Cycle times estimating the expected number of pump starts per hour (and consistent
with the manufacturers recommendations) shall be provided based on the volume of water in
the collection system, structures and wetwell at the "pump on" elevation and using as a
replacement volume an inflow rate equivalent to the water quality rate.
6) Pump discharge riser pipe shall be HDPE equipped with an HDPE flap valve to prevent
backwater flow into the pump. The discharge riser pipe shall be directed to an energy
dissipating structure. The minimum top elevation of the pump station wetwell and energy
dissipating structure shall be as depicted on the conceptual plans. .
7) Control panels for the pump station shall be installed such that the lowest elevation of
the control panel shall be at, or above, base flood elevation (BFE) plus two (2) feet or 8.44
NAVD.
8) The control panel shall be screened, and the areas around the control equipment shall
be beautified with an appropriate landscape screening to create a visual buffer. The control
panel shall have an enclosure to be constructed as part of this project. The enclosure is
currently being designed and it is expected to be complete during the construction of the pump
station. Since details for this enclosure are not available at this time, the contract will have an
allowance provision for this work.
9) The control panels shall include an emergency generator receptacle of sufficient
amperage to operate at least two pumps the pump station in the event of a power failure, and in
addition shall include adequate space and connections to permit the installation and integration
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of future SCADA equipment to be installed by others. The City does not currently have a remote
central location or a SCADA system to receive and send information from and to this pump
station. All equipment, instrumentation and controls are to be installed locally. The control panel
shall include a control unit, a telemetry unit, ethernet, switches, relays, time delay components,
antenna, etc similar to the stormwater pump stations recently installed by the City at 17th St and
West Ave, 14th ST and 10th St pump stations. All components mentioned above shall be
adjusted as required for the proposed axial pumps. The proposed pump station shall also be
equipped with a main switch disconnect. An allowance has been provided as part of this
contract for any additional items that the City requires above and beyond the intended items
specified above or for any changes of the components specified. The DESIGN / BUILD FIRM
will coordinate with the City Public Works department regarding integration of the SCADA
system.
10) Two wetwells. The size of the wetwells is depicted on the conceptual plans. The size is
approximate and shall be verified with pump manufacturer. The size of the well shall be so a
minimum of 4 feet of storage is provided between the pump off and the lead pump on condition
at 50% motor speed; 1 foot between lead and lag pumps and additional 2.5 feet to ramp up
from 50% motor speed to 100% motor speed in 5 intervals. The pump off elevation shall be no
higher than 2 feet below the treatment unit inlet control elevation. The pump station wet well
shall be sized for the flow characteristics and shall have adequate capacity to maintain proper
pump operation under all service conditions.
11) Two water quality treatment units shall have a treatment capacity of 50 cubic feet per
second (CFS) each and a bypass component with a flow capacity of 90 CFS per unit. The
water quality treatment bypass component shall be designed to avoid causing backwater
impacts to the upstream collection system. Supporting calculations shall be provided to the City
for review demonstrating flow elevation over the bypass weir shall not exceed an elevation of
1.0 NAVD. The conceptual plans were developed by using the CDS treatment structure
manufactured by Contech. An alternate option allowed is the Downstream Defender
manufactured by Hydro. The size of the concrete treatment structure is depicted on the
conceptual plans. The size is approximate and shall be verified with the treatment unit
manufacturer. All metal components of the treatment unit shall be stainless steel type 316 and
shall be so cleaning is performed from above ground and without a need of replaceable
maintenance parts.
12) One long energy dissipater structure with a series of openings designed to limit the
discharge flow velocity to 1.4 feet per second.
13) A junction structure designed to split flows into the two train units as depicted on the
plans. The invert elevation of the incoming and outgoing pipes of the junction structure shall be
no lower than the invert elevation of the 96" RCP at the rack structure.
14) An overflow concrete structure designed to discharge flows in case the pumps are off for
maintenance or to supplement capacity during high peak flows. The over flow structure shall be
equipped with HDPE flap valves to prevent backwater into the wetwell.
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15) A trash rack structure will be constructed by others and it is expected to be installed
before construction of this project begins.
16) Approximately 175 feet of new seawall using the most updated Public Works
standard seawall detail. The minimum seawall top elevation is 5.7 NAVD. The seawall
shall be designed to include openings of equal size as the dissipater unit and shall be
located so they coincide with the dissipater unit. The seawall openings shall include
manatee grates to allow storm water runoff into Collins Canal. Layers of rubble rip rap
with an approximately 12" in diameter shall be installed for the entire length of the
seawall as depicted on the conceptual plans. Also, the DESIGN/BUILD FIRM is alerted
to the fact that there is an existing layer of seagrass near the proposed wall.
17) Installation of Manatee Grates as depicted on the conceptual plans. The manatee grates
shall be of aluminum type and all hardware shall be of stainless steel type 316. The vanes shall
be tilted upward to redirect the flow upward in an effort to minimize scouring.
18) Site Improvements include:
a. A new driveway on Washington Avenue for maintenance trucks to access the pump
station properly designed for trucks to turn around and exit the proposed driveway. The
driveway shall be of a porous flexible pavement type with openings to allow grass to grow. The
pavement shall be as specified by Grasspave2 by Invisible Structures, Inc. telephone 303-233-
8383 or approved equal.
b. Regrade the area between the new wall between and the sidewalk to match the grade at
the sidewalk with Bahia grass. The conceptual plans depict proposed contours.
c. Provide plantings consistent with the MBCC landscaping in this vicinity. An allowance is
included in this contract to cover any landscaping required for any planting required for this
project.
d. Reconstruct Washington Avenue existing sidewalk, concrete curb, drainage inlet, etc.
damaged by the proposed construction as indicated on the conceptual plans.
e. Provide 2 drainage inlets type C for the area between the proposed driveway and the
seawall and the area south of the proposed driveway. Install an 18" RCP connecting the
proposed inlets to a drainage system being installed by others for the MBCC Project.
1.05 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";
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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.
1.06 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 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.
B. Soil boring information may be furnished to the DESIGN / BUILD FIRM for its general
information. Such data is not warranted to be correct; the DESIGN / BUILD FIRM, by virtue of
signing the Agreement, acknowledges that it has satisfied itself as to the nature and extent of
soil and (underground) water conditions on the project site. No additional payment will be made
to the DESIGN / BUILD FIRM because of differences between actual conditions and those
shown by the boring logs.
1.07 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
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the WORK, and shall schedule the WORK so as to minimize interference with said relocation,
altering, or other rearranging of facilities.
1.08 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 in accordance with this section and Section 01530 — "Protection of Existing
Facilities" and shall have obtained all required permits and permissions. The DESIGN / BUILD
FIRM shall provide a schedule to the Public Works DEPARMENT 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.
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 work sequence is expect to
be as follows:
1. Install proposed water mains and new service connections,
2. Install new drainage system,
3. Surface improvements including asphalt pavements (first lift), curbs, gutters and traffic
calming devices,
4. Final lift of asphalt, signing and pavement marking
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
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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 make necessary provisions to provide access to
driveways at the end of the working day.
4. Construction within the right of way of affected roads shall be scheduled so that all
improvements are completed at once, and travelers are only disrupted for one time period.
5. All affected residents shall be notified a minimum of seventy-two (72) hours prior to a
shut off of water supply. Any water supply interruptions shall be scheduled to be as short as
possible and not exceed four (4) hours. For multi-family apartments or condominium complexes,
written notice of planned disruptions maybe directed to Condominium Association's
Management Companies, Condominium Association's Board of Directors, Apartment Property
Managers or other property managing companies or individuals via certified mail; for single
family residences written notices shall be directed to the residents via door hangers. ALL
Notifications of planned disruptions shall be coordinated with the City of Miami Beach Public
Works Department.
6. The DESIGN / BUILD FIRM shall submit a written request to the City of Miami Beach
Fire Department and the City of Miami Beach Public Works Department for shut-off of potable
water or fire main supply, a minimum of seventy-two (72-hours), prior to the scheduled shut-off.
The DESIGN / BUILD FIRM shall obtain written confirmation from the City of Miami Beach Fire
Department and the City of Miami Beach Public Works Department and schedule it work
accordingly. ONLY the City of Miami Beach Public Works Department is authorized to shut-off
any potable water or fire main supply.
7. 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.
8. 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 delivery 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.
9. Transportation provisions for handicapped or disabled residents shall be made by the
DESIGN / BUILD FIRM if construction prevents access to homes.
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10. 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. DESIGN / BUILD FIRM shall store minimal amount of material on site within
the City's approved staging area.
11. Street and Park lighting shall be maintained in operation at all times during construction.
DESIGN / BUILD FIRM shall provide temporary power supply and/or temporary lighting when
necessary, to maintain lighting conditions meeting the existing lighting conditions.
12. 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.
13. The Design / Built 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.
1.09 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 plan showing each phase's
Maintenance and Protection Plan prior to starting construction of any phase.
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
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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 the new work zone traffic pattern must be
obliterated. Painting over existing pavement markings (black out) shall not be permitted.
1.10 WORK SCHEDULE
A. Substantial Completion: Project Substantial Completion, as defined in the General
Conditions, shall be achieved within 200 calendar days from the Notice-to-Proceed.
B. Completion: Project Final Completion, as defined in the General Conditions, shall be
achieved within 120 calendar days from the issuance of 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.
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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 do 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. 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.
1.11 COMPUTATION OF CONTRACT TIME
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.
1.12 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.
1.13 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.
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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 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.
1.14 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.
1.15 PROTECTION AND RESTORATION OF SURVEY
1.16 POINTS
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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 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.
1.17 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.
1.18 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.
1.19 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.
1.20 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
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at no additional charge. The DESIGN / BUILD FIRM shall reschedule unacceptable coverage
within five 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 when sufficient sunlight is present to
properly illuminate the subjects of recording and to produce bright, sharp video recordings of
those subjects.
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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.
1.21 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.
1.22 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 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.
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1.23 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
1.24 APPLICATION FOR PAYMENT FOR STORED MATERIALS
A. The DESIGN / BUILD FIRM is advised that the CITY will not pay for stored materials.
1.25 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.
1.26 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. 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.
1.27 PERMITS
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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.
1.28 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 -
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APPENDIX I
FORM OF PERFORMANCE BOND AND PAYMENT BOND
PERFORMANCE BOND
• By this Bond, We as Principal, whose principal
business address is
as the Design/Builder under the agreement dated , 20 , between Principal
and the City of Miami Beach, Florida (hereinafter referred to as "City") for the design and
construction of the Design Build Convention Center Pump Stations N.E.C. of Convention
Center Drive, RFP No. 2016-042-KB (which agreement and the other Contract Documents
referenced therein are hereinafter referred to as "Contract"), the terms of which Contract are
incorporated by reference in its entirety into this Bond, and , a
corporation, whose principal business address is
as Surety, are bound to City, as obligee, in the sum of U.S.
dollars ($ ), for payment of which we bind ourselves, our heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs all the work under the Contract, including but not limited to guarantees,
warranties and the curing of latent defects, said Contract being made a part of this Bond
by reference, and at the times and in the manner prescribed in the Contract; and
2. Pays City all losses, damages, expenses, costs and attorney's fees, including appellate
proceedings, that City sustains as a result of default by Principal under the Contract,
including but not limited to a failure to honor all guarantees and warranties or to cure
latent defects in the Work or materials within the time period provided in Section
95.11(2)(b), Florida Statutes; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract, including all warranties and curing all latent defects within
the time period provided in Section 95.11(2)(b), Florida Statutes; then this bond is void;
otherwise it remains in full force.
Surety specifically assumes liability for any and all damages, including but not limited to
liquidated damages set forth in the Contract, arising from Principal's default of the Contract, as
well as all latent defects uncovered in the work of the Principal after final acceptance of the work
by the City.
If no specific periods of warranty are stated in the Contract for any particular item or work,
material or equipment, the warranty shall be deemed to be a period of one (1) year from the
date of final acceptance by the City; provided, however, that this limitation does not apply to
suits seeking damages for latent defects in materials or workmanship, such actions being
subject to the limitations found in Section 95.11(2)(b), Florida Statutes.
Whenever the Principal shall be, and is declared by City to be, in default under the Contract,
City having performed City's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
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(1) Complete the Contract in accordance with its terms and conditions; or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if City elects, upon
determination by City and Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and City, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of
the Contract Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance
of the Contract Price" as used in this paragraph, shall mean the total amount payable by City to
Principal under the Contract and any a_mendments thereto, less the amount properly paid by
City to Principal.
The Surety hereby waives notice of and agrees that any changes in or under the Contract and
compliance or noncompliance with any formalities connected with the Contract or the changes
does not affect Surety's obligation under this Bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than City named herein. Any action under this Bond must be instituted in accordance with the
notice and time limitations provisions prescribed in Section 255.05(2), Florida Statutes.
Signature page to follow
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Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
day of , 20
Countersigned by Resident INSURANCE COMPANY:
Florida Agent of Surety
By:
Attorney-in-Fact
Address:
[attach copy of Agent's ID card (Street)
Issued by Fla. Ins. Commissioner]
(City/State/Zip Code)
fAtty in fact power of atty must be attached] Telephone No.:
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FORM OF PAYMENT BOND
By this Bond, We as Principal, whose principal
business address is , and whose telephone
number is , as the Design/Builder under the agreement dated
20 , between Principal and the City of Miami Beach, Florida (hereinafter referred to as "City")
for the design and construction of the Stormwater Pump Station at the Northeast Corner of
Miami Beach Convention Center(which agreement and the other Contract Documents
referenced therein are hereinafter referred to as "Contract"), the terms of which Contract are
incorporated by reference in its entirety into this Bond, and , a
corporation, whose principal business address is
as Surety, are bound to City, as obligee, in the sum of U.S.
dollars ($ ), for payment of which we bind ourselves, our heirs, personal
representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if the Principal:
1. Promptly makes payments to all claimants, as defined by Florida Statute 255.05(1),
providing Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the Contract, and in the times and
in the manner prescribed in the Contract; and
2. Pays City all losses, damages, expenses, costs and attorney's fees including appellate
proceedings, that City sustains because of a failure by Principal to make any payments
required under the Contract;
then this bond is void; otherwise it remains in full force.
A claimant shall have a right of action against the Principal and the Surety for the amount due it.
Such action shall not involve the City in any expense.
A claimant, except a laborer, who is not in privity with Principal and who has not received
payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to
furnish labor, materials, or supplies for the prosecution of the work, furnish to Principal a notice
that he intends to look to the bond for protection. A claimant who is not in privity with Principal
and who has not received payment for its labor, materials, or supplies shall, within ninety (90)
days after performance of the labor or after complete delivery of the materials or supplies,
deliver to Principal and to the Surety, written notice of the performance of the labor or delivery of
the materials or supplies and of the nonpayment.
No action for the labor, materials, or supplies may be instituted against Principal or the Surety
unless both of the above-referenced notices have been given. Any action under this Bond must
be instituted in accordance with the notice and time limitations prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect the Surety's obligation under this Bond.
Signature page to follow
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Signed and sealed this day of , 20
Principal
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20 .
Countersigned by Resident INSURANCE COMPANY:
Florida Agent of Surety
By:
Attorney-in-Fact
Address:
[attach copy of Agent's ID card (Street)
Issued by Fla. Ins. Commissioner]
(City/State/Zip Code)
[Atty in fact power of atty must be attached] Telephone No.:
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FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION
CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT: Consultant:
(name, address)
BID/CONTRACT NUMBER:
TO (City): Contractor :
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be substantially
complete and all documents required to be submitted by Contractor under the Contract
Documents have been received and accepted. The Date of Substantial Completion of the
Project or portion thereof designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract
Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion thereof
designated by City is the date certified by Consultant when all
conditions and requirements of permits and regulatory agencies
have been satisfied and the Work, is sufficiently complete in
accordance with the Contract Documents, so the Project is
available for beneficial occupancy by City. A Certificate of
Occupancy must be issued for Substantial Completion to be
achieved, however, the issuance of a Certificate of Occupancy, or
the date thereof, are not to be determinative of the achievement or
date of Substantial Completion.
A list of items to be completed or corrected, prepared by Consultant and approved by City, is
attached hereto. The failure to include any items on such list does not alter the responsibility of
Contractor to complete all work in accordance with the Contract Documents. The date of
commencement of warranties for items on the attached list will be the date of final payment
unless otherwise agreed in writing.
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Consultant BY DATE
In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on
the list of items attached hereto within from the above Date of
Substantial Completion.
Consultant BY DATE
City, through the Contract Administrator, accepts the Work or portion thereof designated by City
as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to
the work and insurance shall be as follows:
•
138
FORM OF CHANGE ORDER
CHANGE ORDER FORM
Date: Click here to enter a date.
To: Design/Builder'
Reason: Choose an item.
1. CHANGE IDENTIFICATION: The following changes are hereby made to the above-referenced Contract:
2. ADJUSTMENT TO CONTRACT AMOUNT: As consideration for the change(s)identified in Section 1,
the Contract is increased/(decreased)by:
DOLLARS $
Original Contract Amount: $
Net of Previous Executed Change Orders: $
Amended Contract Amount(prior to this Change Order): $
The Amount of this Change Order: $
Revised Contract Amount: $
IF NO ADJUSTMENT IS MADE, THE CONTRACT AMOUNT REMAINS UNCHANGED.
3. ADJUSTMENT TO TIME FOR PERFORMANCE: In connection with the change(s) noted in Section 1,
DESIGN/BUILDER'S TIME FOR PERFORMANCE REMAINS UNCHANGED unless specifically noted herein:
Adjustment in Time 0 Days
This Change Order is an amendment to the Agreement between the Design/Builder and City. The amount and time change
designated herein are the maximum agreed to by both the City and Design/Builder for this Change Order. Design/Builder
attests that the Contract adjustment provided herein is reasonable, and constitutes compensation in full for all costs, claims,
markup, and expenses, direct or indirect, attributable to this or any other prior Change Orders, including but not limited to
compensation in full for any delays, acceleration, or loss of efficiency encountered by Design/Builder in the performance of
the Work through the date of this Change Order, and for the performance of this and any prior Change Orders by or before
the date of Substantial Completion. In consideration of the compensation and time, if any, in this Change Order, the
Design/Builder hereby releases the City from all Claims, demands, or causes of action arising out of the transactions, events
and occurrences giving rise to this Change Order. This written Change Order is the entire agreement between the City and
Design/Builder with respect to this Change Order. No other agreements or modifications shall apply to this contract
amendment unless expressly provided herein
EXCEPT AS EXPRESSLY MODIFIED HEREIN, THE TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS
REMAIN UNCHANGED.
City: Design/Builder:
By: By:
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APPENDIX J
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APPENDIX K
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