Ric-Man International Agreement
00600. CONTRACT
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and
Ric-Man International,lnc.
for
DESIGN/BUILD SERVICES
FOR THE
WASHINGTON AVENUE IMPROVEMENTS
PHASES 2, 4, AND 5
This is an Agreement (the "Agreement") between the CITY OF MIAMI BEACH,
FLORIDA, a not for profit corporation of the State of Florida, its successors and assigns,
hereinafter referred to as "CITY."
AND
Ric-Man International, Inc., its successors and assigns, hereinafter referred to as
"DESIGN/BUILD FIRM."
WIT N E SSE T H, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and DESIGN/BUILD FIRM agree
as follows:
ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
Whenever the following terms or pronouns in place of them appear in this Agreement
the intent and meaning shall be interpreted as follows:
1.00 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting
directly or through a duly authorized representative.
1.01 Change Order: A written document ordering a change in the Contract price or
Contract time or a material change in the Work.
I
.-)
00721. CERTIFIcATE AS TO CORPORATE"PRINCIPAL
I, -&tUII, K: AA ~ I e ~CUIIl . certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and .
Payment Bond (performance Bond and Payment Bond); that.
f)A\) j D Maw .Lv,,; . who signed the Bond(s) on behalf of the Principal, was
then ~ 0( said corporation; that I know his/her signature; and hisJ!'ler
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
-, -~ "'-
Secretary (on behalf of)
]?ic - ~~ :L,t-+' L):Lt..e.
Corporation
-
(SEAl)
. STATE OF FLORIDA )
, ).ss
) COUNTY OF M1AMI-DAOE )
Sefore me, a Notary Public duly Commissioned. QuaUfied. and acting personally,
appeared JlrO"'\J\...k:.... ~.ekV\~ . to me. well known. who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of DESIGN/BUILD FIRM named therein in favor of CllY.
Subscribed
-Y\.~
and Sworn to
,20~.
before me this -H:.-
day of
by
n
~Commillli"" It DD 008252
,ts Expirell March 11,2005
.. Dj.J..t ~-I
\Uantk llnndln~ Co,. In<.
Bonded
My commission expires:
)
BID NO: 2Ul1/03
n.. Tl"., n4111/Ol
CITY OF MIAMf JlEACH
105
1272200
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL pERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the !'ly-Iaw and Authorization hereinafter set forth, does hereby name, constitute and appoint
LISA M. WILMOT, JACKO. GURNEY, DAVID E. PRINDLE, ARLENE TOUZI,BElTYJ.Fe:RGljSON, ALL OF THE CITY OF
SOUTHFIELD, STATE OF MICHIGAN ........................................................................................................................................
..............................................,..................."'................-.....-......................,...................................;,;..-.................-...-...,.............................................
, each individually if there be more than one 08lTllld, its true and lawful attomey-irHact to make, eX~cute; seal, acknowle(jge and deliver, for and on its
behalf as surety and as its act and.d. ee<l.. ,an.y a..nd... all uncle.. rta.... kings, bonds, rec. o. g.n..izance.s a.. nd. others. urety obligations. ...in. the penal sum not exceeding
FIFTY MILLION AND 001100.................... .... .>OOLLAFlS($ 50,000.000.00..... ...... ) each, and the
execution of such undertakings, bonds, recognizances and other surety obHgaticlns, inPiJfsuanceof .1hese presentS, shall be as binding upon the
Company as if they had been duly sigoad byllle president and attested by the secretary of lIleCompanyin their own proper persons.
That this power is made and executedplJrSlIant to and by autho~tyofthefollolNil'lg !'ly-lawal'ldAuthQrizalion:
ARTICLE XIII- Execution of Contracts: Section 5. SurlltyBOhdSand UndertakingS.
Any officer of the Company authorized for that purpose in writing by the chairman or the president. and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attomeys-irj-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and olller surety obligations. Such
attomeys.in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
.:
'iii
o
Q,
Gl
'C.
~: By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys. in-fact:
,g.~ Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
== ! authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
'C III deliver as surety any and all undertakings, bonds. recognizances and other surety obligations.
~ ~ That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
0-
i ~ IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authOrized officer or offiCial of the Company. and the corporate seal of
:= iii Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of ADrll
.!! j 2003
~'C
C'-
Ill:
.9'"
..
'0
S
OGl
c'ti
a);: COMMONWEALTH OF PENNSYLVANIA ss
:! COUNTY OF MONTGOMERY
ts
0.5
e .
...s
o III
-.. IN TESTIMONY WH
;g ~ first above written.
IlIC
>l!!
c~
2:0
LIBERTY MUTUAL. INSURANCE COMPANY
>.
III
'C
III
III
Gl
C
'iii
j
.a
>0
C
III
_C
-0
lJ...
>00
GlW
Ee
OQ,
~~
-"
O~
...'C
GlC
~1lI
OS
CLIlI
~8
... ...
_01
Oc
~J
-Gl
~.a
Gl~
oSN
eC!l
...N
;;::l3
56
0.-
~:!
Byr;Q -# .w_ .~
Garnet W. Elliott, Assistant Secretary
On this 28th day of Aori! , 2003 , before me, a Notary PubliC, personatly came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
CERTIFICATE
affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
\;
FlY . ... . . ... ................ .. .................
I. the undersigned, Assistan ecretaiyofuberty Mutual Il'Isurance Company,dohereby~~rtify thatthltlJriginal po'!V9rQfattomey of whiCh the foregoing
is a full, true and correct copy, is in full force and effect on tt\edll!e of this certificate; and Ido furthercartify thattheollicer or official who executed the
said power of attorney is an Assistant Secretary specially auth9ri~edby thechainnan orJhepresidenttoappoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By.laws of Liberty Mutual Insurance Company.
8y$~
Teresa PlI$tella, Notary Public
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reprodllced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manUally affixed.
4th
day of
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company. this
Mareh: 1004. ~
BY.. ....... ,......,..~
. ","M~'.. M~
ACORD,. CERTIFICATEOFLlABILlT)' INSURANCE DATE(MM/DD/VY)
. .. ... .. . 03/10/04 ..
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Ri sk Se~vices. Inc. of Michigan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3000 Town Cente~ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 3000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Southfield MI 48075 COMPANIES AFFORDING COVERAGE
COMPANY zurich Ame~;can Ins Co
PHONE. (248) 936-5200 FAX. (248) 936-5465 A
INSURED COMPANY
Ric-Man International, Inc. B
2601 NW 48 Street COMPANY
Pompano Beach FL 33073 USA C
COMPANY
D
;{}.x::. P{i}.i. iN tJj :AD ::0.~ :;O'SO'.;:+:;::;:.(....::
.'iih'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TI'PE or rNSU'RA~CE POLICY Sl'MBER POLlC\" EFFECTJ\'E POLICY EXPJRA nON LI!\IITS
LTR DATE (l\JMIDD!\"". DA. TE (M;\JIDDI\"l',
A GENERAL UABILlTY GLO 3725839-01 11/15/03 11/15/04 GENERAL AGGREGATE $2,000,000
r- Gene~a 1 .L i abil i ty PRODUCTS. COMP/OP AGG $2.000,00
X COMMERCIAL GENERAL LIABILITY
li'0!! I CLAIMS MADE ~ OCCUR PERSONAL & AOV INJURY $1,000.000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000
'X per projec~ Aggregate FIRE DAMAGE(Any one fire) BOO, 000
~ $10 . 000
MEO EXP (Anv one oerson)
A AUTOMOBILE LIABILITY BAP 3725840-01 11/15/03 11/15/04 COMBINED SINGLE LIMIT BOO, 000
'X ANY AUTO Business Auto
-- ALL OWNED AUTOS
BOOIL Y INJURY
- SCHEOULED AUTOS ( Per person)
X HIRED AUTOS (}'l BODILY INJURY
X NON-OWNED AUTOS Arfe "b)1 ofO"( (Per accident)
X Sl,OOO Camp oed.
X PROPERTY DAMAGE
Sl,OOO Call oed.
GARAGE UABILITY AUTO ONLY - EA ACCIDENT
- PNYAUTO OTHER THA/ot AUTO ONLY: ~
- EACH ACCIOENT
- AGGREGAT
EXCESS LIABILITY EACH OCCURRENCE
R UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM 7c'!~18ij;~.:vr+u n'"
I.WCSTATU-J To.!~'
WORKER'S COMPENSATION AND TORY'. iMITS
EMPLOYERS' LIABILITY '--- EL EACH ACCIDENT
THE PROPRIETOR! R:NCL EL DISEASE.POLlCY LIMIT
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE
-
.
-
E'i~:I'bIPNM'ij.~'iE"t~fe'~F~A"2~~~'rr~r,LE,f?P!g'6'r~~~A L INS URED . ~
..
"'.In! ....;.,.,.. .".." .....i,i.. '.>;i"./,.. .;;.... .'i",:ii/,::i"":"/'.'''i.; ,.. ....."'u.,..'X...\.... ...i.'.:;.........:.,:. /.;\:g:;..,i'. ,..s ...;:;:G;./ _
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I
.. .
CITY OF MIAMI BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN: RISK MANAGEMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, .'.
CITY HALL BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139 USA OF ANY KIND UPON TH~ COMPANY, ITS AGENTS OR RE PRESENT. TIVES
AUTHORIZEO REPRESENTATIVE ...? .e-~ !:
~~
ACOR025"S 11/95\"./ ... .ii ....\.. ..> .'i ......, ..//..:,"i' (. ',/i.',!,.'?" ii', . ,i.:/... ...... ......,..,,:;,'\ .... /'c.:) ACnRDCORPORA"Il"1\l"l9R8
.
E
:;
:::
~
~
]
o
,.."
co
o
..,.
o
en
o
o
o
,.."
'"
z
.:
"
=
;:
..
'-'
-
~
i&i
........
~
~
-..i
Iii'-:
c:.
!oS
to::;
~
ii
~
i$I
-...
I!o.:
!L
....
ii!!
.
A CORa. CERTIFICATE OF LIABILITY INSURANCE T DATE (MMlDDIYYI
03/10/2004
PRODUCER (561) 746-4546 FAX (561)746-9599 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tequesta Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
218 S. US Highway One,Ste 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tequesta. FL 33469 INSURERS AFFORDING COVERAGE
Debra Hicks
INSURED Ric-Man International, Inc. INSURER Ao Valley Forge Insurance Company
2601 NW 48th Street INSURER Bo
Pompano Beach, FL 33073 INSURER Co .
INSURER Do
I INSURER Eo
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER ~.}+~~~~68'w,' Pg,i.fe",~';=N LIMITS
LTR
~NERAL UABILlTY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY - FIRE DAMAGE (Anyone fire) S
I CLAIMS MADE 0 OCCUR MEO EXP (Anyone person) $
PERSONAl & AOV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PERo PRODUCTS-COM~DPAGG $
I .n,PRO. n
POLICY JECT LOC
~OMOBILE LlASJUTY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
- I ~O~
ALL OWNED AUTOS aoOIL Y INJURY
I-- .' ." (Per person) $
SCHEDULED AUTOS
I-- Nv1 vf
I-- HIRED AUTOS BODILY INJURY
(Per accident) $
I-- NON-DWNEO AUTOS
- PROPERTY OAMAGE $
(Per accidenl)
~GE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OlliER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
:J OCCUR o CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ S
WORKERS COMPENSATION AND ..2064278651 09/15/2003 09/15/2004 X 1r~~~ItJ#s I I Ol~'
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 500,00
A E.L. DISEASE. EA EMPLOYEE $ 500,000
n. DISEASE. POLICY LIMIT $ 500,000
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
xcept 10 days cancellation for nonpayment of premium
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER; CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVDR TO MAlL
CITY OF MIAMI BEACH J.!L- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT.
CITY HALL BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
1700 CONVENTION CENTER DRIVE OF ANY KJHD UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
MIAMI BEACH FL 33139 AUTHOR2EDREPRESENTAnvE ~-~
.
Mark KastenjDEBBIE
ACORD 25-S (7/97)
<eACORO CORPORATION 1988
~~~-~~-~4~~ ~~:21
: 2~,=;3~~:i~=
~~~~~48887 TO 3056737073
'C::- HI"I 1-1'( H"'::' f'lJHI"IJ tl~HCH ,...~~/~
"^ c:: <:J <:J '" ::l. ~ UNHl.. '~'.. ""'CI Ia ( l ( I U l..:lIa:)~41:l1:ll:" ( , ~~
'-'u -I'!.M~....)t::.I .o::::::~l:J.c.t ~Oa.:lJ~ ,..~ f'tll_I"I"1I'4' Lr'lIt:./"(NriJ l I' _.,.1
P .03
1'1 HI'(
~~s 53: 5'3!: ?t.::2,'Z2
~~:..~:~~..:,=.:.;.;..;.'t:'.; '.:'l:;. ~~'
I ACORD '
. ..c.' ''''''.._~.... . ......:" '.:.;.-.;:._....a..:c.- .'" ;.)
"iis\:F: ii..;, ~r,..{M"..l5'Ii::..i;. -. '
!\.~arcn 24, 2004
..."""".:1-,....''I;I4,.~'' '" ~.a ";:.~,..........;.;::.....'.;.:..
1'HlS CERTIJ:lCAT.E!S ISSUED AS.4 MA'1'm OF ll'oIFOR."'lATlO,," ONLY ANO CONFJ;:r.~:-;O
ruOfm l.IP(lN THE a~l'IflCAn FIOLDER.. 11\15 CSll.TlF1C,l.TE DOSS 'NO, .l.MlfNi'l,
l!X'iGMJ OR..41. TER ~ Cov&RAO! A..'t'J"OlUl!D BY T~ l'OUClEs SE.L.oW,
COMPA."'lIES AFFORDING COVERAGE
I ...
CE;"'I.J!-r;~~~~',~~.~~':.:,;;. !'t1Ui!i:.o. p''J ~
..-1 rliOOlC.E:R. -- '" ..
Aon .R.isk Services of Missouri, IllC.
3000 To"'Il eerltcr'. Sui~ 3.000
SOLltht'i~d, Ml 4&075
INSU"ED
Ric-Man International, me
2601 N. W. 48r)1 Street
Pompano Beach, FL 33073
COMPAJ.IY
tEITEI." Lain _ I~l1Inac:.t CDm In
COJl4PANV
tErr:Ell.IJ
COaIP.Al"'Y
~C
CONPNfY
lEtT!R II
COM1'.4~'I'
~E
1'HrS IS TO CEJl.TIFv THAT nm POUCIES OF lNSURANCE t./S'l'E:O saow HAVE B!!N ISSUeD TO nIE lNSUItEO NAMSn AJlOV].! FOIl
nm POUCY l'DJOD tNPICA1E:D, ~OTWmlST~DJNCi I4NY ll!Q~, TERM OR CO~pmON or ANY CONTRAC1' 011 O'THEl
DOCl.!MWT wtrH A!?:SPzcr TO WHICH nm CERTIflc.>.n MAY BE lSSlJEO OR. M.<\,Y PEllT.4lN. 1l1:E INSURANCE AFFORDED BY TIlE
I'OLJCIXs Ol!.ScnmED H'EJU:llo/ IS SUBJECT TO ALL 1lfE TnMS, D:CLtlSlON$ AND COlI<'DmO/llS OF SUC~ l'01.ICl!S. UMrrS SHOWJol
MAV HAVlInEEN JW)tlCED lIY l'~ Cl..AIM'S.
T"I",~l1'ISVIl.o<"~ ~o...:-c,,-. u..m
,J
&U'l'a~alU.....mlTY
ANorA-UTo
,.u._"~J
SC;KIll= "U1'aJ
~"l1\"O.t
w",.,~~o ~1lt'CS
C~L''''ILl'%''Y
CCCZS5l.lo\llUtY
UI4liLLA- FeW
Ontllt TIt"" '~I> 1-~,.......
~f c:a~I'EI<$.\TlO"
JJID
t..,LO~.'S UUII.Jn'
.. ann:.
r"_II.lio. Jlloah:r
S!!95JS
ClIIISJQ3
DllII !IIl4
.1
S
S
S
,~ .
S
S
S
$
S
5
$SUD,COO
DI:sCIu:PriO/ll Or Oft.... T10/IM.CICAnO"~~IALlT1:1'lS
P"!i~.. - 22.02103 WalllillE:!on AVIlIuclmprQVtmar!l_l'rc02tly ClOlL1islins: af I'i~ C""Cl'CIl: S~rJ"", Finings ;and Il...k .r....., .ljob ,ire. C=niticcre hol~", is
u.~ "'TOC Ilollllll:7lloct l~ Slal'<d MlIlI:nlls
City of Miami Beach
1700 ConVention Center Drive
Miami B eacb" FL 33139
\'I.
.'!
raT~ P. .,;:1
*~ TraTOI I:)~.:' 1":11"" .to..,. * *
** TOTAL PAGE.03
Bond No. 13009593
....)
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with DESIGN/BUILD FIRM 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 derlVery
of the materials or 5\.Pplies. derIVer to DESIGNIBUILD FIRM and to the
Surety, written notice of the' performance of the labor or delivery of the
materials or supplies and of the nonpayment.
2.3. No action for the I3,bor, materials. a- supplies may be instituted against
DESIGN/BUILD FIRM or the Surety unless the noti~s $ted under the
preceding conditions (2.1) and (2.2.) have been given.
2.4. Arty action under this Bond l1'lusl be Instituted in accordance with the
Notice and lime Umitations provisions prescn"bed -in Section 255.05(2),
Florida Statutes.
')
The Surety hereby waives notice of and agrees that any changes in or under the
Contract and Bid Package and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this 4th' day of March
, 20...QL.
DESIGN/BUILD FIRM
(Corporate Seal)
Ric-Man International. Tnr.
.~OfCorpo~
BY:~
(Sisnature) .
()AV.lO ~A1\Jrl~ . Pr.ef.icJenf-
(Print Name and Title) . .
..::L day of Ma.",..-d-, . 20JJ!L.
J\1TEST:
7~~
(Secretary) .
,
lJro NO: l~UO!
DA T:E: 04/23103
Cln' OF M[AM{ DEACH
lO~
1.02 City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida 33139, which is a party hereto and/or for which this Contract is to
be performed. In all respects hereunder, City's performance is pursuant to City's
position as the owner of a construction project. In the event City exercises its regulatory
authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, laws and ordinances shall be deemed to have
occurred pursuant to City's regulatory authority as a governmental body and shall not
be attributable in any manner to City as a party to this Contract.
1.03 City Commission: City Commission shall mean the governing and legislative
body of the City.
1.04 City Manager: City Manager shall mean the Chief Administrative Officer of the
City.
1.05 Construction Documents Phase: The phase in which DESIGN/BUILD FIRM
prepares the Construction Documents based upon the approved Design Development
Documents.
1.06 Construction Manager: The Construction Manager is the authorized individual or
firm which is the representative of DESIGN/BUILD FIRM who will administer/manage
the construction effort on behalf of the DESIGN/BUILD FIRM, as more fully detailed in
Section 5.04.
1.07 Construction Manager Representative: An authorized representative of
Construction Manager assigned to the Project site to perform services in Section 5.04.
1.08 Construction Phase. The phase of services which constitutes DESIGN/BUILD
FIRM'S administration of the construction of the Project and all activities necessary for
the completion of the Project.
1.09 Consultant: The registered architect, professional engineer(s), professional land
surveyor, civil engineer, and/or registered landscape architect who has contracted with
or who is employed by DESIGN/BUILD FIRM to provide professional services for the
design of the Project and who is licensed by the State of Florida to provide said
services.
1.10 Contract: This Agreement and all addenda, exhibits and amendments thereto
between the CITY and the DESIGN/BUILD FIRM for this Project, all as defined herein.
Contract shall mean the same as Agreement.
1.11 Contract Administrator: The CITY'S Capital Improvement Projects Office
Director, or his designee, shall be designated as the Contract Administrator for matters
concerning the Agreement.
2
1.12 Contract Documents: This Agreement, as approved by the Mayor and City
Commission and executed by the Mayor and City Clerk for Design Build Services for the
Washington Avenue Improvements Phases 2, 4 and 5 and any addendums, exhibits or
amendments thereto; change orders; the performance bond and payment bonds;
Invitation to Bid No. 22-02/03 and Design Build Firm's response thereto; the Design
Criteria Package; the construction documents, including but not limited to, Plans and
Specifications (as approved and permitted), CPM and Schedule of Values; and any
additional documents the submission of which is required by this Agreement. When
reference is made in the Contract Documents to publications, standards or codes
issued by associations or societies, the intent shall be to specify the current or adopted
edition of such publication or standard including revision and effect on the date of the
Contract advertisement notwithstanding any reference to a particular date.
1.13 Design/Build Firm: Ric-Man International. Inc., its successors and assigns, is the
Design/Build Firm selected to perform the work pursuant to this Agreement, and is the
person, firm or corporation liable for the acceptable performance of, and payment of all
legal debts pertaining to, the Project. All references in the Contract Documents to third
parties under contract or control of Design/Build Firm shall be deemed to be a reference
to Design/Build Firm. The Design/Build Firm will be responsible for the provision,
installation, and performance of all equipment, materials, and services offered. The
Design/Build Firm is in no way relieved of the responsibility for the performance of all
equipment furnished.
1.14 Design Criteria Package: Design Criteria Package shall mean those certain
conceptual plans and specifications and performance - oriented drawings or
specifications of the Project, as prepared and sealed by Hazen and Sawyer (which is
also the Project Manager), and in compliance with the requirements of Section 287.055,
Florida Statutes.
1.15 Design Phase: This phase will consist of the Schematic Design Phase during
which DESIGN/BUILD FIRM will consult with the Contract Administrator and prepare
Schematic Design Documents, based on the Design Criteria Package, consisting of
drawings and other documents illustrating the scale and relationship for approval of the
CITY. It will also consist of the Design Development Phase, in which DESIGN/BUILD
FIRM will prepare Design Development Documents, based on the approved Schematic
Design Documents.
1.16 Field Order: A written order issued by the Contract Administrator or Project
Manager which orders minor changes in the Project but which does not involve a
change in the total cost or time for performance.
1.17 Final Completion: The date certified by Contract Administrator that all conditions
of the permits and regulatory agencies have been met, all construction, including
corrective and punch list work, has been performed, all administrative requirements of
the Contract Documents have been completed, and CITY has received from
DESIGN/BUILD FIRM a release of all liens, consent of surety, release of claims by
DESIGN/BUILD FIRM, corrected as-built drawings, a final bill of materials, executed
3
final adjusting Change Order, final invoice, "before and after" color videotapes, copies of
pertinent test results, correspondence and other necessary documentation, including all
warranties, guarantees, operational manuals, spare parts, service contracts and tools.
1.18 Guaranteed Maximum Price (GMP): Mutually agreed maximum contract value to
be paid to the DESIGN/BUILD FIRM for all labor, equipment, and materials to design,
permit, administer, coordinate, inspect, construct, and install the public infrastructure
within the described scope and time specified in the contract documents. The GMP is
not subject to increases except as described within the contract documents.
1.19 CONTRACTOR: Ric-Man International. Inc., its successors and assigns, (the
DESIGN-BUILD FIRM), shall also be the general contractor which shall perform the
work pursuant to this Agreement.
1.20 Hazardous Materials: As used in this contract the term "Hazardous Materials"
means any chemical, compound, material, substance or other matter that:
(a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine,
bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material,
whether injurious or potentially injurious by itself or in combination with other materials;
(b) is controlled, referred to, designated in or governed by any Hazardous Materials
Laws;
(c) gives rise to any reporting, notice or publication requirements under any
Hazardous Materials Laws, or
(d) is any other material or substance giving rise to any liability, responsibility or duty
upon the City with respect to any third person under any Hazardous Materials Law.
1.21 Hazardous Materials Laws: As used in this Contract, the term "Hazardous
Materials' Laws" means any and all federal, state or local laws or ordinances, rules,
decrees, orders, regulations or court decisions (including the so called "common law"),
including without limitation the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (42 U.S.C. 339601 et seq.), the
Hazardous Materials Transportation Act, as amended (49 U.S.C. 331801 et seq.), and
the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 336901
et seq.), relating to hazardous substances, hazardous materials, hazardous waste, toxic
substances, environmental conditions on, under or about the Premises, soil and ground
water conditions or other similar substances or conditions.
1.22 Material(s): Material(s) incorporated in this Project or used or consumed in the
performance of the work.
1.23 Notice to Proceed: A written document issued by the Contract Administrator
informing the DESIGN/BUILD FIRM to officially begin the Project.
4
1.24 Plans and/or Specifications: The official graphic and descriptive representations
of this Project which, upon written approval of CITY, shall become a part of the Contract
Documents.
1.25 Project: The DESIGN/BUILD FIRM (DBF) will be responsible for the design,
construction and construction management of the water main distribution, sanitary
sewer collection, storm water collection/disposal, irrigation, electrical, curb/gutter,
sidewalk, road reconstruction and asphalt milling/resurfacing of the Washington Avenue
Improvements (the Project). The Project limits consist of the Washington Avenue
corridor from 5th to Lincoln Road. A Design Criteria Package (DCP) has been prepared
by the City's Project Manager, HAZEN AND SAWYER, which includes conceptual
construction drawings and technical specifications for the civil, electrical, and
landscaping disciplines. The CITY has obtained the Miami-Dade Department of Health
Water Main Construction, Miami-Dade Department of Environmental Resources
Management Storm Water and State of Florida Department of Transportation Right-of-
way permits. Remaining design elements include the revision/incorporation of the
CITY'S master Division 1 technical specifications; sanitary sewer gravity collector
replacement at 6th and 8th Streets; revision/modifications to the existing conditions
along the project limits, curb/sidewalk modifications at the intersection of Washington
Avenue and Espanola Way to incorporate "bump-outs"; landscaping plan revisions to
the Washington Avenue median between 5th and 6th Streets and between 16th Street
and Lincoln Road; and plan revisions to accommodate the CITY'S construction
sequence restrictions.
1.26 Project Manager: An authorized representative of CITY assigned to make
necessary observations of materials furnished by DESIGN/BUILD FIRM and of the work
performed by DESIGN/BUILD FIRM. The Project Manager shall not perform
inspections, as are required by law, said inspections shall be conducted by the
permitting authority. HAZEN AND SAWYER, its successors and assigns, is the Project
Manager selected by the CITY.
1.27 Shop Drawings: Drawings, diagrams and schedules (excluding, however, the
CPM Schedule), and other data specially prepared by the DESIGN/BUILD FIRM or its
subcontractors, sub-subcontractors, manufacturer, supplier or distributor to illustrate
some portion of the work.
1.28 Subcontractor: The person, firm or corporation having a direct contract with
DESIGN/BUILD FIRM including one who furnishes material worked to a special design
according to the Contract Documents for this Project, but does not include one who
merely furnishes material not so worked.
1.29 Substantial Completion: Subject to the requirements of Article 41, the dates
certified by the Contract Administrator that all conditions of the permits and regulatory
agencies have been met for the CITY'S intended use of each portion of the Project, and
all construction has been performed therein in accordance with the Contract Documents
so CITY can fully, as opposed to partially, occupy or utilize each portion of the Project
5
for its intended purpose. At a minimum, a Certificate of Substantial Completion is one of
the requirements for Substantial Completion.
1.30 Surety: The surety company or individual which is bound by the performance
bond and payment bonds with and for DESIGN/BUILD FIRM who is primarily liable and
which surety company or individual is responsible for DESIGN/BUILD FIRM'S
acceptable performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.31 Utilities: The public or private systems on the Project site for rendering electrical
power, light, heat, gas, water, communication, sewage systems, and the like.
1.32 Work: The completed construction required by the Contract Documents, as
permitted, including all labor necessary to produce such construction, and all materials
and equipment incorporated or to be incorporated in such construction.
1.33 Work Zone: Three consecutive City blocks to support active construction activities
that extends from the right-of-way line to the centerline of the right-of-way or median
centerline, whichever is more stringent.
ARTICLE 2 GENERAL PROVISIONS
2.1 Generally.
DESIGN/BUILD FIRM hereby agrees to furnish all of the labor, materials,
equipment, services and incidentals necessary to perform all of the work
described in the Contract Documents, and related thereto for the Project within
the Guaranteed Maximum Price (GMP).
2.2 Relationship of CITY and DESIGN/BUILD FIRM : The DESIGN/BUILD FIRM
accepts the relationship of trust and confidence established between it and the CITY by
this Agreement. The DESIGN/BUILD FIRM represents that it will furnish its best skill
and judgment in performing the Work, and shall always act to further the interest of the
CITY in the expeditious completion of the Project at the lowest cost to the CITY and in
strict accordance with the Contract Documents, and prudent and customary
construction practices.
By signing this Contract, the DESIGN/BUILD FIRM accepts a fiduciary duty with the
CITY and warrants and represents to the CITY that the DESIGN/BUILD FIRM (a) has
all licenses and certifications required by Applicable Law (defined as all federal, state
county, and local statutes, codes, laws, rules, regulations, ordinances, orders and
standards applicable to the Project and any other such law hereafter enacted, and any
rules adopted pursuant thereto, as all such laws may be amended from time to time to
perform the Work); (b) is experienced in all aspects of pre-construction and
construction planning for projects similar to the Project; (c) will act in the CITY'S
highest and best interests in performing the Work; and (d) that no employee or affiliate
of the DESIGN/BUILD FIRM, including all Subcontractors and suppliers, at any tier,
6
has been convicted of a public entity crime, fraud, theft and/or a property damage
crime within the preceding thirty-six (36) months from the time this Contract is
executed, pursuant to Section 287.133, Florida Statutes.
2.3 Intention of CITY: It is the intent of CITY to describe in this Agreement and/or
Design Criteria Package a functionally complete Project to be constructed in
accordance with the Contract Documents and in accordance to all codes and
regulations governing construction of the Project. Any work, materials or equipment
that may reasonably be inferred from the Agreement and/or Design Criteria Package as
being required to produce the intended result shall be supplied by DESIGN/BUILD
FIRM whether or not specifically called for. When words, which have a well-known
technical or trade meaning, are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or associations,
or to the laws or regulations of any governmental authority, whether such reference is
specific or by implication, shall mean the latest standard specification, manual, code or
laws or regulations in effect at the time of execution of this Contract. CITY shall have
no duties other than those duties and obligations expressly set forth within the
Agreement and Design Criteria Package.
2.4 The Contractor agrees that the Work shall be performed in a good and
professional manner, free from defects in materials and workmanship, and that all
Materials shall be new and approved by or acceptable to the PROJECT MANAGER
AND CONTRACT ADMINISTRATOR, except as otherwise expressly provided for in the
Contract Documents. The DESIGN/BUILD FIRM shall cause all Materials and other
parts of the Work to be readily available as and when required or needed for or in
connection with the construction, furnishing and equipping of the improvements.
ARTICLE 3 INTENTION OF AGREEMENT
It is the intent of the Design Criteria Package and this Contract to describe a functionally
complete Project to be designed and constructed by the DESIGN/BUILD FIRM in
accordance with the Contract Documents. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents, as being required to produce the
intended result will be supplied whether or not specifically called for. When words which
have a well-known technical or trade meaning are used to describe work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any technical society, organization or
association, or to laws or regulations of any governmental authority, whether such
reference be specific or by implication, shall mean the standard specification, manual,
code, laws or regulations in effect at the time of the completion of design. Applicable
laws or codes that may be changed after a permit is issued may result in additional
compensation should additional work be required on behalf of the DESIGN/BUILD
FIRM.
7
ARTICLE 4 CONTRACT DOCUMENTS
4.01 The Contract Documents shall be followed as to work, material, and dimensions
except when the Contract Administrator may authorize in his/her sole discretion, in
writing, an exception.
4.02 Dimensions given in figures are to hold preference over scaled measurements
from the drawings; however, all discrepancies shall be decided upon by the Consultant,
but must be approved in writing by the Contract Administrator. DESIGN/BUILD FIRM
shall not proceed when in doubt as to any dimension or measurement but shall seek
clarification from the Consultant, who shall notify Contract Administrator, for his review
and written approval. Contract Administrator reserves the right to retain its own
Consultant to verify the findings submitted by Consultant.
4.03 DESIGN/BUILD FIRM shall maintain four (4) copies of the Contract Documents;
two (2) of which shall be preserved and always kept accessible at the site to the
Contract Administrator or his/her authorized representatives.
4.04 This Contract incorporates by reference the Contract Documents defined in
Section 1.12. The documents listed in Section 1.12 have the following order of
precedence, beginning with the most important:
1. This Agreement (Contract) and all exhibits, addendums, and amendments
thereto
2. Change Orders
3. The Specifications (Approved and Permitted)
4. The Plans (Approved and Permitted)
5. Invitation to Bid No. 22-02/03 for Design Build Services for Washington Avenue
Improvements Phases 2, 4, and 5 and DESIGN BUILD FIRM'S response thereto
ARTICLE 5 SCOPE OF WORK
5.01 DESIGN/BUILD FIRM hereby agrees to complete the Project described by the
Design Criteria Package, including furnishing all preliminary study designs, drawings
and specifications, job site inspection, administration of construction, engineering,
landscape architecture, and land surveying services, labor, materials, equipment and
other services necessary to perform all of the work described in the Contract
Documents for the construction of the Project to be constructed in accordance with the
requirements and provisions of said Contract Documents.
5.02 DESIGN/BUILD FIRM agrees to meet with Contract Administrator or designee at
reasonable times and with reasonable notice.
5.03 Prior to the final completion of construction services under this Agreement, and
as a condition precedent to Final Payment, there shall be established a record set of
Plans and Specifications, on Reproducible Vellum and on CD Rom, noncompressed,
8
formatted in the latest version of AutoCAD, which shall bear the approvals of
DESIGN/BUILD FIRM and Contract Administrator. Such approval shall be indicated by
the written signature of both parties. In addition, prior to the commencement of
construction services under this Agreement, DESIGN/BUILD FIRM shall submit to the
Contract Administrator a CPM Schedule and Project Schedule for the planning and
execution of the Construction Phase of the Project, for written approval by Contract
Administrator.
5.04 DESIGN/BUILD FIRM herein represents that Construction Manager, at a minimum,
will provide the following services:
5.04.01 At least thirty (30) days prior to the commencement of the construction phase
of the Project, the DESIGN/BUILD FIRM will identify and provide the qualifications of a
suitably qualified and experienced Construction Manager who will be full time, on site at
the Project.
5.04.02 DESIGN/BUILD FIRM will attempt to have the same Construction Manager on
the Project full time to its conclusion and any new representative will first be approved in
writing by Contract Administrator before permanent assignment. Approval shall not be
unreasonably withheld.
5.04.03 The Construction Manager will conduct weekly on site meetings with the
Contractor and its subcontractors on Fridays at regular times previously designated and
shall issue weekly reports on the progress of the work and the minutes of the previous
meeting.
5.04.04 Construction Manager will administer the Contractor's work.
5.04.05 The Construction Manager shall maintain and monitor the Project Schedule
and recommend and implement updates as required.
5.04.06 The Construction Manager shall coordinate the processing of shop drawings
and material submittals.
5.04.07 The Construction Manager will endeavor to achieve satisfactory performance
by Contractor and, if required, will require corrections to Contractor's work, including but
not limited to maintaining punch lists and observing of testing.
5.04.08 The Construction Manager will monitor the cost of the Project, including
payment applications and the preparation thereof.
5.04.09 The Construction Manager will assist in the preparation of record drawings, all
shall transmit to the Consultant requests for additional information concerning the
design. In addition, the Project Manager shall be copied on these requests for
monitoring purposes.
9
5.04.10 The Construction Manager will observe testing and start up activities of
machinery and utilities.
5.04.11 The Construction Manager will secure all equipment brochures and warranties
from the Contractor.
5.04.12 The Construction Manager will coordinate the correction and completion of the
work including that required by the punch list.
5.05 DESIGN/BUILD FIRM herein represents that Consultant, at a minimum, will
provide the following services:
5.05.01 Consultant shall perform all of the architectural and engineering services
necessary to describe, detail and design the Project in accordance with the Contract
Documents.
5.05.02 Consultant shall design the Project so as to comply with the applicable codes
and regulations.
5.05.03 Consultant shall prepare the Plans and Specifications, as well as obtain all
required and necessary reviews and approvals (or take other appropriate action upon)
for same, and/or other submittals, including but not limited to, shop drawings, product
data and samples.
Consultant shall also submit the Plans and Specifications to Contract Administrator for
his review and written approval. Contract Administrator shall expeditiously review and
approve the Plans and Specifications in accordance with the accepted Project
Schedule. Contract Administrator's approval of the Plans and Specifications shall not
constitute acceptance of design work which does not comply with the Design Criteria
Package and/or with the terms of this Contract.
5.05.04 Consultant shall prepare construction change directives, if necessary, and
authorize minor changes in the construction work as provided in the Contract
Documents.
5.05.05 Consultant shall receive and review for compliance with the Contract
Documents all written warranties and related documents required hereby to be
assembled upon Substantial Completion and issue Applications for Payment performed
in compliance with the requirements of the Contract Documents;
5.05.06 The approved and permitted Plans and Specifications, as modified from time to
time, shall constitute a representation by Consultant that the Project, if constructed as
required by this Contract, will be sufficient for its purposes. The Plans and
Specifications shall include technical drawings, schedules, diagrams and specifications
setting forth in detail the requirements for construction of the Project, provide
10
information necessary for the use of subcontractors and those in the building trade and
include documents necessary for regulatory agency and other governmental approvals.
5.06 Project Manager will provide the following services:
5.06.01 The PROJECT MANAGER shall review Applications for Payment and
coordinate the processing thereof with the CITY.
5.06.02 The PROJECT MANAGER shall monitor the schedule.
5.06.03 The PROJECT MANAGER shall track, log and review all required project
related documents and subsequently address any and all concerns with the CITY and
DESIGN / BUILD FIRM.
5.06.04 The PROJECT MANAGER shall review / observe the CONTRACTOR'S Work
and testing thereof for general conformance and compliance with the intent of the
Design Criteria Package.
5.06.05 The PROJECT MANAGER shall attend all required meetings and maintain and
distribute meeting minutes, with the exception of weekly contractor construction
progress meetings or as noted in 5.04.03.
5.06.06 At all times the Project Manager will act as liaison between the parties to this
Agreement, and Contract Administrator.
ARTICLE 6 COMPLETION DATE
6.1 Time is of the essence for the DESIGN/BUILD FIRM'S performance of the Work
pursuant to this Contract. The DESIGN/BUILD FIRM agrees to complete the Work in
accordance with the accepted Project Schedule and to achieve Substantial Completion
of the Work, in accordance with this Contract, and within the Contract time.
DESIGN/BUILD FIRM acknowledges that failure to achieve Substantial Completion will
result in substantial damages to the CITY, such as loss of beneficial use and/or
occupancy of the Project. Completion of the Work shall be achieved no later than sixty
(60) calendar days after issuance of a Certificate of Substantial Completion by the
CONTRACT ADMINISTRATOR for each final Work Zone of the Project..
6.2 DESIGN/BUILD FIRM shall be instructed to commence the Work by written
instructions in the form of a Purchase Order issued by the CITY's Procurement Director
and Notices to Proceed issued by the CONTRACT ADMINISTRATOR. Two (2) Notices
to Proceed will be issued for this Contract. DESIGN/BUILD FIRM shall commence
scheduling activities, permit applications, and other preconstruction work within five (5)
calendar days after the Project Initiation Date, which shall be the same as the date of
the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be
issued until DESIGN/BUILD FIRM'S submission to CITY of all required documents and
after execution of the Contract by both parties.
11
6.2.1 The receipt of all necessary permits by DESIGN/BUILD FIRM and
acceptance of the full Progress Schedule in accordance with technical
specifications section, submittal schedule and schedule of values is a condition
precedent to the issuance of the second Notice to Proceed to mobilize on the
Project site and commence with physical construction work.
6.3 Time is of the essence throughout this Contract. The Work shall be substantially
completed within 630 calendar days from the date specified in the second Notice to
Proceed, and completed and ready for final payment in accordance with Article 8, within
(60) calendar days from the date certified by PROJECT MANAGER as the date of
Substantial Completion of each final Work Zone.
6.4 Upon failure of DESIGN/BUILD FIRM to substantially complete the entire Contract
within the total specified period of time, plus approved time extensions, DESIGN/BUILD
FIRM shall pay to CITY the sum of One Thousand Five Hundred and 00/100 Dollars ($
1,500.00) for each calendar day after the time specified in Article 6 (plus any approved
time extensions) for Substantial Completion on the entire Project. After Substantial
Completion, of each/the final Work Zone, should DESIGN/BUILD FIRM fail to complete
the remaining work within ten (10) calendar days after said sixty (60) calendar day
period for completion and readiness for final payment, DESIGN/BUILD FIRM shall pay
to CITY the sum of Two Thousand and 00/100 Dollars ($ 2,000.00) for each calendar
day after said ten (10) calendar day period, for completion and readiness for final
payment. The time frame for liquidated damages shall not commence and thus shall be
tolled until the CONTRACT ADMINISTRATOR submits the Punch List to the
DESIGN/BUILD FIRM. These amounts are not penalties but are liquidated damages to
CITY for its inability to obtain full beneficial occupancy and/or use of the Project.
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing
the impossibility of precisely ascertaining the amount of damages that will be sustained
by CITY as a consequence of such delay, and both parties desiring to obviate any
question of dispute concerning the amount of said damages and the cost and effect of
the failure of DESIGN/BUILD FIRM to complete the Contract on time.
6.5 CITY is authorized to deduct liquidated damages from monies withheld due to
DESIGN/BUILD FIRM for the work under this Contract or as much thereof as CITY may,
in its sole discretion, deem just and reasonable. The CITY shall first deduct the
liquidated damages from the monies referenced in Article 8.02.
6.6 DESIGN/BUILD FIRM shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by PROJECT MANAGER in administering the
construction of the Project beyond the completion date specified above, plus approved
time extensions. PROJECT MANAGER'S construction administration costs shall be
pursuant to the contract between CITY and PROJECT MANAGER, a copy of which is
available upon request of the CONTRACT ADMINISTRATOR. All such costs shall be
deducted from the monies due DESIGN/BUILD FIRM for performance of Work under
12
this Contract by means of unilateral credit change orders issued by CITY as costs are
incurred by PROJECT MANAGER and agreed to by CONTRACT ADMINISTRATOR.
ARTICLE 7 DESIGN/BUILD FIRM'S RESPONSIBILITY
7.01 The parties acknowledge and agree that The DESIGN/BUILD FIRM will be
responsible for the design, construction and construction management of the water
main distribution, sanitary sewer collection, storm water collection/disposal, irrigation,
electrical, curb/gutter, sidewalk, road reconstruction and asphalt milling/resurfacing of
the Washington Avenue Improvements. The Project limits consist of the Washington
Avenue corridor from 5th Streets to Lincoln Road. A Design Criteria Package (DCP)
has been prepared by the City's Project Manager, HAZEN AND SAWYER, which
includes conceptual construction drawings and technical specifications for the civil,
electrical, and landscaping disciplines. The CITY has obtained the Miami-Dade
Department of Health Water Main Construction, Miami-Dade Department of
Environmental Resources Management Storm Water and State of Florida Department
of Transportation Right-of-way permits. Remaining design elements include the
revision/incorporation of the CITY'S master Division 1 technical specifications; sanitary
sewer gravity collector replacement at 6th and 8th Streets; revision/modifications to the
existing conditions along the project limits, curb/sidewalk modifications at the
intersection of Washington Avenue and Espanola Way to incorporate "bump-outs";
landscaping plan revisions to the Washington Avenue medians between 5th and 6th
Streets; and 16th Street and Lincoln Road; and plan revisions to accommodate the
CITY'S construction sequence restrictions.
The successor professional engineer seeking to reuse already sealed contract
documents under the successor professional engineer's seal must be able to document
and produce upon request evidence that he has in fact recreated all the work done by
the original professional engineer. In other words, calculations, site visits, research and
the like must be documented and produceable upon demand. Further, the successor
professional engineer must take all professional and legal responsibility for the
documents, which he sealed and signed, and can in no way exempt himself from such
full responsibility. The successor professional engineer need not redraw plans;
however, justification for such action must be available through well-kept and complete
documentation on the part of the successor professional engineer as to his having
rethought and reworked the entire design process. A successor professional engineer
must use his own title block, seal and signature and must remove the title block, seal
and signature of the original professional engineer before reusing any sealed contract
documents. Prior to sealing and signing work a successor professional engineer shall
be required to notify the original professional engineer, his successors, or assigns by
certified letter to the last known address of the original professional engineer of the
successor's intention to use or reuse the original professional engineer's work. The
successor professional engineer will take full responsibility for the drawing as though
they were the successor professional engineer's original product.
13
7.02 DESIGN/BUILD FIRM shall be responsible for applying for and securing all
permits and approvals from all governmental authorities having jurisdiction over the
Project. All permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Project by DESIGN/BUILD FIRM
pursuant to this Agreement shall be secured and paid for by DESIGN/BUILD FIRM. It is
DESIGN/BUILD FIRM'S responsibility to have and maintain appropriate certificate(s) of
competency, valid for the work to be performed and for all persons working on the
Project for whom a certificate of competency is required.
7.03 DESIGN/BUILD FIRM shall be fully responsible for the actions of all its agents,
servants, employees, including but not limited to, Contractor and Consultant,
subcontractors, subconsultants, sub-subcontractors and sub-subconsultants, material
persons, pursuant to Chapter 713, Florida Statutes, and any and all other persons
working for it in conjunction with the design and construction of the Project.
7.04 DESIGN/BUILD FIRM shall be fully responsible for all acts or omissions of its
Contractor and Consultants, subcontractors, subconsultants, sub-subcontractors and
sub-subconsultants, and any and all other persons employed by DESIGN/BUILD FIRM
and/or its Contractor or Consultant, and of persons for whose acts any of them may be
liable to the same extent DESIGN/BUILD FIRM is responsible for the acts and
omissions of persons directly employed by DESIGN/BUILD FIRM. Nothing in this
Agreement shall create any contractual relationship between CITY and consultant or
contractor and CITY, or any obligation on the part of CITY to payor to see to the
payment of any monies due to any consultant or contractor.
7.05 DESIGN/BUILD FIRM agrees to bind specifically its Contractor and Consultant,
subcontractor and to the applicable terms and conditions of this Agreement for the
benefit of CITY.
7.06 Unless otherwise provided herein, DESIGN/BUILD FIRM shall provide and pay
for all architecture, engineering, landscape architecture, and land surveying services,
materials, labor, water, tools, equipment, light, power, transportation and other facilities
and services necessary for the proper execution and completion of the Project, whether
temporary or permanent, and whether or not incorporated or to be incorporated in the
Project.
7.07 DESIGN/BUILD FIRM shall at all times enforce strict discipline and good order
among its employees, consultants, and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work assigned to him
or her.
7.08 DESIGN/BUILD FIRM shall maintain suitable and sufficient security as may be
reasonably determined necessary by Contract Administrator and/or as identified in the
Design Criteria Package.
14
7.09 DESIGN/BUILD FIRM shall keep itself fully informed of, and shall take into
account and comply with, all applicable Federal, State, Miami-Dade County, and City
laws, codes, ordinances and regulations in any manner affecting those engaged or
employed in the Project, or the materials used or employed in the design and
construction of the Project, or in any way affecting the conduct of the Project, and of all
such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same and of all provisions required by law to be made a part of this Agreement; all
of which provisions are hereby incorporated by reference and made a part hereof. If any
specification or contract for this Project is in violation of any such law, ordinance,
regulation, order or decree, DESIGN/BUILD FIRM shall forthwith report the same to the
Contract Administrator in writing. DESIGN/BUILD FIRM shall cause all its agents,
employees, Contractor, Consultant, subcontractors and subconsultants to observe and
comply with all applicable laws, ordinances, regulations, orders and decrees.
7.10 In the event of a change after the effective date of this Agreement in any Federal,
State, County or City laws, codes, ordinances and regulations which in any manner
affects the Project, DESIGN/BUILD FIRM shall advise the Contract Administrator, in
writing, and the Contract Administrator, may initiate a Change Order, the purpose of
which shall be to bring the Project into compliance with all such laws, ordinances, codes
and regulations as amended, or enacted.
7.11 DESIGN/BUILD FIRM shall pay all applicable sales, consumer, use and other
taxes required by law in effect on the last date of execution of the Agreement by the
parties hereto. DESIGN/BUILD FIRM is responsible for reviewing the pertinent State
statutes involving State taxes and complying with all requirements.
7.12 CITY shall have the right to inspect and copy, at CITY'S expense, the books and
records and accounts of the DESIGN BUILD/FIRM which directly relate to the Project,
and to any claim for additional compensation made by the DESIGN BUILD/FIRM, and to
conduct an audit of the financial and accounting records of the DESIGN BUILD/FIRM
which relate to the Project and to any claim for additional compensation made by the
DESIGN BUILD/FIRM. DESIGN BUILD/FIRM shall retain and make available to CITY
all such books and records and accounts or portions thereof, financial or otherwise,
which relate to the Project and to any claim for a period of three (3) years following Final
Completion of the Project. During the Project and the three (3) year period following
Final Completion of the Project, the DESIGN BUILD/FIRM shall provide CITY access to
its books and records subject to this section upon three (3) business day's written
notice.
7.13 The DESIGN/BUILD FIRM shall perform the Work and complete the Project at
the GMP, in accordance with the Contract Documents, and shall achieve Substantial
Completion of the Work within the Contract Time. Completion of the Work shall be
achieved no later than thirty (30) calendar days after issuance of a Certificate of
Substantial Completion, as referenced by Article 6 of the Contract.
15
7.14 DESIGN/BUILD FIRM shall furnish efficient business administration,
coordination, management and supervision of Work required to complete the Project,
and shall cooperate with the CITY, PROJECT MANAGER, the CONTRACT
ADMINISTRATOR and their respective representatives, in furthering the interests of
CITY in the expeditious completion of the Project at the lowest cost to CITY, consistent
with the requirements of the Contract Documents and prudent and customary
construction practices.
7.14.1 The DESIGN/BUILD FIRM shall perform the Work, and shall cause its
Subcontractors to perform the Work, in strict accordance with all
Applicable Laws, as defined in Article 2.2 herein. By signing this
Agreement, the DESIGN/BUILD FIRM represents and warrants that it is
familiar with all Applicable Laws that govern the Work.
7.14.2 If DESIGN/BUILD FIRM has knowledge that the Contract Documents do
not comply with Applicable Laws in any respect, the DESIGN/BUILD FIRM
shall promptly notify the PROJECT MANAGER in writing and any
necessary changes shall be adjusted by appropriate revisions. If the
DESIGN/BUILD FIRM performs any Work not in accordance with
Applicable Laws, and without such notice to the PROJECT MANAGER,
the DESIGN/BUILD FIRM shall assume full responsibility therefore and
shall bear all costs attributable thereto.
7.14.3In the event that Work is deemed by competent authority not to comply
with Applicable Law, the DESIGN/BUILD FIRM shall bring such Work into
compliance with Applicable Law. If the Applicable Law is enacted after the
GMP is established, and the DESIGN/BUILD FIRM had no reasonable
prior knowledge of such a change to Applicable Law, such change shall
be considered an unforeseeable and unavoidable cost and the CITY shall
approve a Change Order to bring such Work into compliance with
Applicable Laws. New interpretations of existing Applicable Law shall not
be considered an unforeseeable and unavoidable cost.
7.15 The DESIGN/BUILD FIRM warrants that it has thoroughly reviewed and studied
the Design Criteria Package and has determined that they are in conformance with
Applicable Laws (enacted as of the date of this Contract) and are complete and
sufficiently coordinated to perform the Work within the GMP and the Contract Time.
DESIGN/BUILD FIRM warrants that the Conceptual Plans and Specifications are
consistent, practical, feasible and constructible. DESIGN/BUILD FIRM further warrants
that the Work described in the Conceptual Plans and Specifications is constructible
within the GMP and the Contract Time.
THE CITY DISCLAIMS ANY WARRANTY THAT THE CONCEPTUAL PLANS,
DRAWINGS AND SPECIFICATIONS FOR THE PROJECT ARE ACCURATE,
PRACTICAL, CONSISTENT, AND CONSTRUCTIBLE.
16
7.16 The DESIGN/BUILD FIRM accepts the Project site in its observable and/or
documented condition existing at the time of this Agreement or conditions ordinarily
encountered and generally recognized as inherent to the character of the Work to be
provided for in this Project. By signing this Contract, the DESIGN/BUILD FIRM
represents that it has: (a) visited the Project site to become familiar with the conditions
under which the Work is to be performed; (b) become familiar with all information
provided by the CITY pertaining to the Project site; and (c) correlated its observations
with the information furnished by the CITY, and the Contract Documents. The
DESIGN/BUILD FIRM hereby waives additional time or compensation for additional
work made necessary by observable and/or documented conditions existing at the
Project site, or conditions ordinarily encountered and generally recognized as inherent
to the character of the Work to be provided for in this Project.
7.17 The DESIGN/BUILD FIRM agrees specifically that no Change Orders shall be
required by the DESIGN/BUILD FIRM or considered by the City for reasons involving
conflicts in the Contract Documents, questions of clarity with regard to the Contract
Documents, incompatibility, or conflicts between the Contract Documents and the
existing Project site conditions, utilities, and unforeseen underground conditions. The
DESIGN/BUILD FIRM acknowledges that it has ascertained all correct locations for
points of connection for all utilities, if any, required for this Project.
7.18 The DESIGN/BUILD FIRM shall, as may be required for the proper execution
and completion of the Work, secure all necessary permits and revisions thereto, fees
and licenses, as required by Applicable Laws to complete the Project, including, but not
limited to, all necessary utility connection permits and fees.
7.19 The DESIGN/BUILD FIRM shall comply with all conditions of any permits issued
by government authorities.
ARTICLE 8 THE CONTRACT PRICE (Guaranteed Maximum Price)
AND METHOD OF PAYMENT
8.01 The Contract Price is the Guaranteed Maximum Price, agreed by the
DESIGN/BUILD FIRM and CITY under this Contract, payable to complete the Work in
accordance with the Agreement and Design Criteria Package, as may be increased or
decreased by Change Order.
8.01.01.1 The Contract Price for the Project is $12,104,429, as is specifically defined
and delineated in Attachment I to this Contract, entitled, and incorporated by
reference herein.
8.01.02 In the event that the DESIGN/BUILD FIRM'S total approved expenditures for
the Project shall exceed the Guaranteed Maximum Price, the DESIGN/BUILD
FIRM shall pay such excess from its own funds, and the CITY shall not be
required to pay any amount that exceeds the GMP; and the DESIGN/BUILD
FIRM shall have no claim against the CITY on account thereof.
17
8.02 METHOD OF BILLING AND PAYMENT
8.02.01 During the Design Phase, payments shall be made monthly based upon
percentage of completion of final construction plans and specification preparation.
Payments will be made no more frequently than monthly. The Contract Administrator
shall verify completion of the various stages as noted and authorize payment. During
the Construction Phase, DESIGN/BUILD FIRM may submit a request for payment thirty
(30) calendar days after beginning field operations and every thirty (30) calendar days
thereafter. Payment will be based on the approved Schedule of Values. DESIGN/BUILD
FIRM'S requisition shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting evidence as
may be required by the Contract Administrator. When applicable, the requisition for
payment shall be accompanied by a completed certification of work, consent of surety
and release of liens. The certification of work will mean compliance by DESIGN/BUILD
FIRM, CPM Schedule, and inspection of current as-built drawings at job site, and
prevailing wages and applicable laws, codes, rules and regulations. Each requisition
shall be submitted in triplicate to the Contract Administrator for approval. An updated
CPM Schedule shall be submitted monthly with payment requests. Should the Project
fall behind schedule as indicated in the CPM Schedule, DESIGN/BUILD FIRM shall
include a written plan demonstrating how the Final Completion date shall be maintained.
8.02.02 CITY agrees that it will pay DESIGN/BUILD FIRM, within thirty (30) calendar
days of receipt of DESIGN/BUILD FIRM'S proper invoice, as provided above,
accompanied by an acceptable updated CPM Schedule, as-built drawings, etc., ninety
percent (90%) of the total shown to be due on such statement.
8.02.03 Ten percent (10%) of all monies earned by DESIGN/BUILD FIRM, excluding
design and professional fees, shall be retained by CITY until the Project is totally
completed as specified, and accepted by CITY, except that upon completion of the
Construction Documents Phase and approval by CITY of the work performed under
such Phase, the Contract Administrator may release the entire amount of the retainage
pertaining to the Design Development and Construction Document Phases. After ninety
percent (90%) of the remainder of the Project has been completed, the Contract
Administrator, upon written request of the DESIGN/BUILD FIRM and written Consent of
Surety in support of said request, may reduce the retainage to five percent (5%) of all
monies earned subsequent to the Construction Documents Phase. Any interest earned
on retainage shall accrue to the benefit of CITY.
8.02.04 Undisputed amounts remaining unpaid thirty (30) calendar days after CITY'S
receipt of DESIGN/BUILD FIRM'S proper invoice for conforming work shall bear interest
at the rate set forth in Section 218.74 (4), Florida Statutes. ThiS section shall not apply if
the CITY has a right to withhold any portion of the payment under this Agreement.
8.03 Upon receipt of written notice from DESIGN/BUILD FIRM that the Project is
ready for final inspection and acceptance, the Contract Administrator shall, within ten
18
(10) calendar days, make an inspection thereof. If the Contract Administrator finds the
Project acceptable under the Contract Documents and the Project fully performed, a
Final Certificate of Payment shall be issued by the Contract Administrator, over his/her
own signature, stating that the work required by this Agreement has been completed
and is accepted under the terms and conditions thereof.
8.04 Before issuance of the Final Certificate for Payment, DESIGN/BUILD FIRM shall
deliver to the Contract Administrator a complete release of all liens arising out of this
Agreement, or receipts in full in lieu thereof, and an Affidavit certifying that all suppliers
and subcontractors have been paid in full and that all other indebtedness connected
with the Project has been paid, and a consent of the surety to final payment. All
warranties, guarantees, operational manuals, and instructions in operation must be
delivered to CITY at this time. As built drawings will be completed, a hard reproducible
copy and a CD Rom noncompressed formatted in the latest version of AutoCAD shall
be delivered at the time of receiving final payment. A certificate of occupancy, and/or
certificate of completion, will be obtained prior to final payment being made, if required.
8.05 CITY may withhold final payment or any progress payment to such extent as may
be necessary on account of:
8.05.01 Defective work not remedied.
8.05.02 Claims filed or written notices of nonpayment indicating probable filing of
claims as may be prescribed by law by other parties against DESIGN/BUILD FIRM.
8.05.03 Failure of DESIGN/BUILD FIRM to make payments properly to subcontractors
or consultants or for material or labor.
8.05.04 Damage to another subcontractor, supplier, material person as provided for in
F.S. 713, party, or person not remedied which are attributable to DESIGN/BUILD FIRM,
its agents, servants, employees, subcontractors and sub-subcontractors, material
person and suppliers.
8.05.05 Liquidated damages pursuant to Article 6 hereof.
8.05.06 As-built drawings not being in a current and acceptable state.
8.05.07 The DESIGN/BUILD FIRM warrants to the CITY that all materials and
equipment furnished under this Agreement will be new unless otherwise specified, and
that all work will be of good quality and in conformance with the Contract Documents.
All work not conforming to these requirements, including substitutions not properly
approved and authorized by Contract Administrator, may be considered defective. If
required by the CITY, the DESIGN/BUILD FIRM shall furnish satisfactory evidence as to
the origin, nature and quality of materials and equipment used for the Project.
DESIGN/BUILD FIRM shall properly store and protect all construction materials.
Materials which become defective through improper storage shall be replaced with new
19
materials at no additional costs. The DESIGN/BUILD FIRM'S warranty excludes remedy
for damage or defect caused by abuse, modifications not executed by the
DESIGN/BUILD FIRM, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage.
When the above grounds are removed or resolved or DESIGN/BUILD FIRM provides a
surety bond or a consent of surety satisfactory to CITY which will protect CITY in the
amount withheld, payment may be made in whole or in part, as applicable.
8.06 If, after the Project has been substantially completed, full completion thereof is
delayed through no fault of DESIGN/BUILD FIRM, or by issuance of Change Orders
affecting final completion, and the Contract Administrator so certifies, CITY shall, upon
certification of the Contract Administrator, and without terminating the Contract, make
payment of the balance due for that portion of the Project fully completed and accepted.
Such payment shall be made as required by law under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
8.07 The making and acceptance of the final payment shall constitute a waiver of all
claims by CITY, other than those arising from faulty or defective work, failure of the
Project to comply with requirements of the Contract Documents or terms of any
warranties required by the Contract Documents. It shall also constitute a waiver of all
claims by DESIGN/BUILD FIRM, except those previously made in writing and identified
by DESIGN/BUILD FIRM as unsettled at the time of the final application for payment.
8.08 If the CONTRACT ADMINISTRATOR, in its reasonable judgment, determines
that the portion of the Guaranteed Maximum Price then remaining unpaid will not be
sufficient to complete the Work in accordance with the Contract Documents, no
additional payments will be due to the DESIGN/BUILD FIRM hereunder unless and until
the DESIGN BUILD FIRM, at its sole cost, performs a sufficient portion of the Work so
that such portion of the Guaranteed Maximum Price then remaining unpaid is
determined by the CONTRACT ADMINISTRATOR to be sufficient to so complete the
Work.
8.09 DESIGN/BUILD FIRM shall remain liable for subcontractors' work and for any
unpaid laborers, material suppliers or subcontractors in the event it is later discovered
that said work is deficient or that any subcontractors, laborers, or material suppliers did
not receive payments due them on the Project.
8.10 The DESIGN/BUILD FIRM shall use the sums advanced to it solely for the
purpose of performance of the Work and the construction, furnishing and equipping of
the Work in accordance with the Contract Documents and payment of bills incurred by
the DESIGN/BUILD FIRM in performance of the Work.
20
8.11 Payment will be made to DESIGN/BUILD FIRM at:
RIC-MAN INTERNATIONAL. INC.
2601 N.w. 48TH Street
Pompano Beach, Florida 33073
ARTICLE 9 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF WORK
Without invalidating the Agreement and without notice to any surety, CITY reserves and
shall have the right to make such changes from time to time in the character or quantity
of the Work as may be considered necessary or desirable to complete fully and
acceptably the Project in a satisfactory manner. Any extra or additional work within the
scope of this Project may be accomplished by means of appropriate Field Orders,
and/or fully executed and approved Change Orders.
ARTICLE 10 CITY'S RESPONSIBILITIES
10.01 CITY shall assist DESIGN/BUILD FIRM by placing at its disposal any available
information pertinent to the Project including previous reports, laboratory tests and
inspections of samples, materials and equipment; property, boundary, easement, rights-
of-way, topographic and utility surveys; property descriptions; and known zoning, deed
and other land use restrictions.
10.02 CITY shall arrange for access to and make all provisions for DESIGN/BUILD
FIRM to enter upon public property as required for DESIGN/BUILD FIRM to perform its
services.
ARTICLE 11 RESOLUTION OF DISPUTES
11.01 To attempt to prevent all disputes and litigation, it is agreed by the parties hereto
that Contract Administrator shall first decide all questions, claims, difficulties and
disputes of whatever nature which may arise relative to the Contract Documents and
fulfillment of this Agreement as to the character, quality, amount and value of any work
done and materials furnished, or proposed to be done or furnished under or, by reason
of, the Contract Documents, and Contract Administrator's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to the extent
provided in Section 11.02. Any claim, question, difficulty or dispute which cannot be
resolved by mutual agreement of CITY and DESIGN/BUILD FIRM shall be submitted to
Contract Administrator in writing within twenty-one (21) calendar days of the discovery
of the occurrence. Unless a different period of time is set forth herein, Contract
Administrator shall notify DESIGN/BUILD FIRM in writing of the decision within twenty-
one (21) calendar days from the date of the submission of the claim, question, difficulty
or dispute, unless Contract Administrator requires additional time to gather information
or allow the parties to provide additional information. All nontechnical administrative
disputes shall be determined by the Contract Administrator pursuant to the time periods
21
provided herein. During the pendency of any dispute and after a determination thereof,
DESIGN/BUILD FIRM and CITY shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of
construction.
11.02 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notify the other party in
writing within twenty-one (21) calendar days of receipt of the written determination. The
notice must state the basis of the objection and must be accompanied by a statement
that any Contract Price or Contract time adjustment claimed is the entire adjustment to
which the objecting party has reason to believe it is entitled to as a result of the
determination. Within sixty (60) calendar days after receipt of written determination as
provided in this section, the parties shall participate in mediation to address all
objections to any determinations hereunder and to attempt to avoid litigation. The
mediator shall be mutually agreed upon by the parties. The mediation shall be non-
binding.
11.03 Pending final resolution of a claim, including mediation, unless otherwise agreed
in writing, DESIGN/BUILD FIRM shall proceed diligently with performance of the
Contract and the CITY shall continue to make payments in accordance with the
Contract Documents.
11.04 Any mediator used shall be certified in accordance with Florida law. Mediation
will be conducted in Miami-Dade County.
ARTICLE 12 SUBCONTRACT REQUIREMENTS
12.1 On all subcontracts where the bid exceeds $100,000, the DESIGN/BUILD FIRM
shall require subcontractors to provide a 100% performance bond and a 100% labor
and material payment bond from a surety company authorized to do business in the
State of Florida by the Department of Insurance. If the DESIGN/BUILD FIRM wishes to
award subcontracts to contractors unable to supply this bonding, it shall request prior
authorization from the PROJECT MANAGER to do so. Upon providing justifiable
background information, such authorization shall not be withheld unreasonably.
12.2 Workforce - The subcontractor must agree to perform no less than 10% of the
Project construction work utilizing its own employees.
12.3 Subcontractor experience - The subcontractor must have successfully
completed no less than two projects of similar size and complexity within the last five
years.
12.4 Supervision - the subcontractor must agree to provide field (on-site) supervision
through a named superintendent for each trade (general concrete forming and
placement, masonry, mechanical, plumbing, electrical and roofing) included in the
subcontract. In addition, the subcontractor shall assign and name a qualified
22
employee for scheduling direction for its work. The supervisory employees of the
subcontractor (including field superintendent, foreman and schedulers at all levels) must
have been employed in a supervisory (leadership) capacity of substantially equivalent
level on a similar project for at least two years within the last five years. The
subcontractor shall include a resume of experience for each employee identified by him
to supervise and schedule his work.
12.5 All subcontracts shall provide:
12.5.1 LIMITATION OF REMEDY - NO DAMAGES FOR DELAY
That the subcontractor's exclusive remedy for delays in the performance of the
contract caused by events beyond its control, including delays claimed to be
caused by the CITY or CONSULTANT or attributable to the CITY or
CONSULTANT and including claims based on breach of contract or negligence,
shall be an extension of its contract time.
In the event of a change in the work, the subcontractor's claim for adjustments in
the contract sum are limited exclusively to its actual costs for such changes plus
no more than 7% for overhead and profit and bond costs.
Each subcontract shall require the subcontractor to expressly agree that the
foregoing constitute the sole and exclusive remedies for delays and changes in
the work and thus eliminate any other remedies for claim for increase in the
contract price, damages, losses or additional compensation.
12.5.2 Each subcontract shall require that any claims by subcontractor for delay
or additional cost must be submitted to DESIGN/BUILD FIRM within the time and
in the manner in which the DESIGN/BUILD FIRM must submit such claims to the
CITY, and that failure to comply with the conditions for giving notice and
submitting claims shall result in the waiver of such claims.
12.5.3 Each subcontract shall include a provision stating that the subcontract is
assignable to the CITY in the event of a termination of all or part of the Contract.
Said assignment shall be at the sole option and discretion of the CITY and, if
agreed to by CITY shall be upon the same terms and conditions as the original
subcontract, unless otherwise mutually negotiated by CITY and subcontractor.
12.5.4 Responsibilities for Acts and Omissions - The DESIGN/BUILD FIRM shall
be responsible to the CITY for the acts and omissions of his employees and
agents and his subcontractor, their agents and employees, and all other persons
performing any of the work or supplying materials under a contract to the
DESIGN/BUILD FIRM.
12.5.5 Subcontracts to be provided. The DESIGN/BUILD FIRM shall provide
PROJECT MANAGER with a copy of each subcontract, including the general
supplementary conditions.
23
ARTICLE 13 rThis Article left intentionally blankl
ARTICLE 14 rThis Article left intentionally blankl
ARTICLE 15 SECURITY
DESIGN/BUILD FIRM shall provide a Project security program, which shall be approved
in writing by Contract Administrator, to protect work, stored products and construction
equipment from theft and vandalism, and to protect premises from entry by
unauthorized persons. In the event any such materials, equipment and supplies are lost,
stolen, damaged or destroyed prior to final inspection and acceptance, DESIGN/BUILD
FIRM shall replace same without cost to CITY.
ARTICLE 16 INSPECTION OF PROJECT
16.01 The Contract Administrator or designee shall at all times have access to the
Project, and DESIGN/BUILD FIRM shall provide proper facilities for such access, and
such access shall be in accordance with the reasonable rules of the DESIGN/BUILD
FIRM.
16.01.01 Should the Contract Documents, instructions, any laws, ordinances,
regulations, codes or any public authority require any work for the Project to be specially
tested or approved, DESIGN/BUILD FIRM shall give to the Contract Administrator
timely notice of readiness of the work for inspection. If the testing or approval is to be
made by an authority other than CITY, timely notice shall be given of the date fixed for
such testing. Inspections shall be made promptly, and, where practicable, at the source
of supply. Within a reasonable time from execution of this Agreement, CITY shall
provide a letter document listing the areas of work the CITY will inspect. If defined work
for the Project should be covered up without required inspection/approval, it must, if
required by the Contract Administrator, be uncovered for examination and properly
restored at DESIGN/BUILD FIRM'S expense.
16.01.02 Reexamination and retesting of any work for the Project may be ordered by
the Contract Administrator; and if so ordered, such work must be uncovered by
DESIGN/BUILD FIRM. If such work is found to be in accordance with the Contract
Documents, CITY shall pay the cost of reexamination, retesting and replacement. If
such work is not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall pay such cost.
16.02 The payment of any compensation, regardless of its character or form, or the
giving of any gratuity or the granting of any valuable favor by DESIGN/BUILD
FIRM to any inspector is forbidden, and any such act on the part of
DESIGN/BUILD FIRM will constitute a breach of this Agreement.
24
ARTICLE 17 SUPERINTENDENCE AND SUPERVISION
17.01 The orders of the CITY are to be given through the Contract Administrator,
whose instructions are to be strictly and promptly followed in every case, provided that
they are in accordance with this Contract and the other Contract Documents.
Construction Manager shall keep on the Project, during its progress, a competent
supervisor who shall serve as the Construction Manager, and any necessary assistants.
17.02 Construction Manager shall prepare, on a daily basis, and keep on the Project
site, a bound log setting forth at a minimum, for each day: the weather conditions and
how any weather conditions affected progress of the work, work performed, equipment
utilized for the work, any idle equipment and reasons for idleness, visitors to the Project
site, labor utilized for the work, and any materials delivered to the Project site. The daily
bound log shall be available for inspection by the Contract Administrator or designee at
all times during the Project.
17.03 If DESIGN/BUILD FIRM, in the course of the Project, finds any discrepancy
between the Contract Documents and the physical conditions of the site, or any errors
or omissions in the Contract Documents including, but not limited to, the Plans and
Specifications, it shall be DESIGN/BUILD FIRM'S sole and obligation and duty to
immediately inform the Contract Administrator, in writing; and the Contract Administrator
will promptly verify same. Any work done prior to or after such discovery will be done at
DESIGN/BUILD FIRM'S sole risk. IT SHOULD BE RECOGNIZED THAT THIS IS A
DESIGN/BUILD PROJECT, ANY ERRORS OR OMISSIONS SHALL BE
CORRECTED AT THE SOLE COST AND EXPENSE OF DESIGN BUILD/FIRM
WITHOUT CLAIM FOR TIME AND/OR FUNDS.
17.04 DESIGN/BUILD FIRM shall coordinate, supervise and direct the Project
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform and complete the Project in accordance with
the Contract Documents. DESIGN/BUILD FIRM shall be solely responsible for the
design, preparation of construction documents, means, methods, techniques, safety,
sequences and procedures of construction. DESIGN/BUILD FIRM shall give efficient
supervision to the Work, using DESIGN/BUILD FIRM'S best skill, attention, and
judgment.
ARTICLE 18 CITY'S RIGHT TO TERMINATE AGREEMENT
18.01 If DESIGN/BUILD FIRM fails to begin the design and construction of the Project
within the time specified, or fails to perform the Project with sufficient workers and
equipment or with sufficient materials to insure the prompt completion of the Project, in
accordance with the Contract Documents and schedules, or shall perform the work
unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue
the prosecution of the Project, except for excused delays in accordance with this
Agreement; or if DESIGN/BUILD FIRM shall become insolvent or be declared bankrupt,
or commit any act of bankruptcy or insolvency, or shall make an assignment for the
25
benefit of creditors, or shall not carry on the Project in accordance with the Contract
Documents, CITY shall give notice in writing to DESIGN/BUILD FIRM and its surety of
such delay, neglect or default, specifying the same. If DESIGN/BUILD FIRM, within a
period of ten (10) calendar days after such notice, shall not proceed in accordance
therewith, then CITY may, upon written notice from the Contract Administrator of the
fact of such delay, neglect or default and DESIGN/BUILD FIRM'S failure to comply with
such notice, terminate the services of DESIGN/BUILD FIRM, exclude DESIGN/BUILD
FIRM from site, and take the prosecution of the Project out of the hands of
DESIGN/BUILD FIRM, as appropriate, or use any or all materials and equipment on the
Project site as may be suitable and acceptable in the City's reasonable discretion. In
such case, DESIGN/BUILD FIRM shall not be entitled to receive any further payment
until the Project is finished. In addition, CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the Contract
Documents or use such other methods as in its opinion shall be required for the
completion of the Project in an acceptable manner. All damages, costs and charges
incurred by CITY shall be deducted from any monies due or which may become due to
said DESIGN/BUILD FIRM. Actions will be instituted to recover on the posted bonds. In
case the damages and expense so incurred by CITY shall be less than the sum which
would have been payable under this Agreement, if it had been completed by said
DESIGN/BUILD FIRM, then DESIGN/BUILD FIRM shall be entitled to receive the
difference. If such damages and costs exceed the unpaid balance, then DESIGN/BUILD
FIRM shall be liable and shall pay to CITY the amount of said excess.
18.02 If, after Notice of Termination of DESIGN/BUILD FIRM'S right to proceed, it is
determined for any reason that DESIGN/BUILD FIRM was not in default, the rights and
obligations of CITY and DESIGN/BUILD FIRM shall be the same as if the notice of
termination had been issued pursuant to the Termination for Convenience clause as set
forth in Section 18.03 below.
18.03 Notwithstanding any other provision in this Agreement, the performance of work
under this Agreement may be terminated in writing by CITY, for convenience and
without cause, upon ten (10) business days from the date of DESIGN/BUILD FIRM'S
receipt of the written notice to DESIGN/BUILD FIRM (delivered by certified mail, return
receipt requested) of intent to terminate and the date on which such termination
becomes effective. In such case, DESIGN/BUILD FIRM shall be paid for all work and
reimbursables executed, and expenses incurred, such as materials stored, cost of
severance of leases/contracts directly associated with the Project and demobilization
prior to termination. PAYMENT SHALL INCLUDE REASONABLE PROFIT FOR
SERVICES ACTUALLY PERFORMED IN FULL PRIOR TO TERMINATION DATE, BUT
SHALL EXCLUDE ALL LOST PROFITS, INDIRECT OR SPECIAL, OR OTHER
DAMAGES.
18.04 Upon receipt of Notice of Termination pursuant to Sections 18.01 or 18.03 above,
DESIGN/BUILD FIRM shall, as its sole cost and expense and as a condition
precedent to any further payment obligation by the CITY, promptly discontinue all
affected work unless the Notice of Termination directs otherwise and deliver to
26
CITY within seven (7) calendar days of termination all data, drawings,
specifications, reports, estimates, summaries and such other information as may
have been required by the Contract Documents whether completed or in
process. Compensation shall be withheld until all documents are provided to
CITY pursuant to this Article.
ARTICLE 19 DESIGN/BUILD FIRM'S RIGHT TO STOP WORK
OR TERMINATE CONTRACT
19.01 If the Project should be stopped under an order of any court or other public
authority for a period of more than ninety (90) calendar days, through no act or fault of
DESIGN/BUILD FIRM or of anyone employed by DESIGN/BUILD FIRM, or if the
Contract Administrator should fail to review and approve or state in writing reasons for
non approval of any estimate for payment within twenty (20) calendar days after it is
presented, or if CITY fails to pay DESIGN/BUILD FIRM within thirty (30) calendar days
after approval and certification by the Contract Administrator of any proper statement
certified by DESIGN/BUILD FIRM accompanied by the required update of the CPM and
Progress Schedule, then DESIGN/BUILD FIRM may, upon then (10) calendar days
prior written notice to CITY and the Contract Administrator, stop work until payment is
made, or terminate this Agreement and recover from CITY payment for all work
executed and any reasonable expense sustained.
ARTICLE 20 "OR EQUAL" CLAUSE
20.01 Whenever a material, article or piece of equipment is identified in the Contract
Documents including drawings (plans) and specifications by reference to manufacturers'
or vendors' names, trade names, catalog numbers, or otherwise, it is intended merely to
establish a standard, and, unless it is followed by words indicating that "no substitution
is permitted," any material, article, or equipment of other manufacturers and vendors
which will perform or serve the requirements of the general design will be considered
equally acceptable provided the material, article or equipment so proposed is, in the
opinion of the Contract Administrator:
20.01.01 At least equal in quality, durability, appearance, strength and design;
20.01.02 Performs at least equally the function imposed in the general design for the
Project;
20.01.03 Conforms substantially, even with deviations, to the detailed requirements for
the items as indicated by the Plans and Specifications; and
20.01.04 Carries the same guaranty or warranty of the specified equipment.
All substitution requests will be made via written request which shall be attached to a
shop drawing and/or Change Order which shall be attached to a detailed description of
the specified item and a detailed description of the proposed substitution. A comparison
27
letter itemizing all deviations from specified items must be included for the Contract
Administrator to properly evaluate substitution. Failure to provide the deviation
comparison sheet shall automatically deny the request.
Any changes, inclusive of design changes, made necessary to accommodate
substituted equipment under this paragraph shall be at the expense of DESIGN/BUILD
FIRM or subcontractor responsible for the work item.
20.02 Contract Administrator's written consent will be required as to acceptability, and
no substitute will be ordered, installed or utilized without Contract Administrator's prior
written acceptance which will be evidenced by either a Change Order or an accepted
shop drawing. CITY may require DESIGN/BUILD FIRM to furnish at DESIGN/BUILD
FIRM'S expense a special performance guarantee or other surety with respect to any
substitute.
ARTICLE 21 PLANS AND SPECIFICATIONS
21.01 CITY, through its Contract Administrator, shall have the right to require
DESIGN/BUILD FIRM to modify the details of the Plans and Specifications, to
supplement same with additional plans, drawings, specifications or additional
information as the Project proceeds which are within the specific intent and stated
scope of the Project and which do not cause increase in Contract Sum or Contract time,
all of which shall be considered as part of the Contract Documents, at no additional cost
to the CITY. All plans, general and detail, are to be deemed a part of this Agreement,
and the Plans and Specifications and other Contract Documents are to be considered
together, and are intended to be mutually complementary, so that any work shown on
the Plans, though not specified in the Specifications, and any work specified in the
Specifications though not shown on the Plans, is to be executed by DESIGN/BUILD
FIRM as part of the Contract Documents. All things which in the opinion of the Contract
Administrator may reasonably be inferred from the Contract Documents, including but
not limited to the Plans and Specifications as developed by DESIGN/BUILD FIRM and
approved by CITY are to be executed by DESIGN/BUILD FIRM under the terms of the
Contract Documents; and the Contract Administrator shall determine whether said
Plans and Specifications conform to the Contract Documents, except as may be
otherwise determined by the Contract Administrator. In the event the work requested
under this Article expands the scope of the Project, DESIGN/BUILD FIRM may seek a
Change Order pursuant to Article 37.
ARTICLE 22 DESIGN/BUILD FIRM TO CHECK DRAWINGS AND DATA
22.01 DESIGN/BUILD FIRM shall take measurements and verify all dimensions,
conditions, quantities and details shown on the Plans and Specifications, including but
not limited to the drawings, schedules, or other data. Failure to discover or correct
errors, conflicts or discrepancies shall not relieve DESIGN/BUILD FIRM of full
responsibility for unsatisfactory work, faulty construction, or improper operation resulting
28
therefrom nor from rectifying such condition at DESIGN/BUILD FIRM'S own expense.
DESIGN/BUILD FIRM will not be allowed to take advantage of any error or omissions.
ARTICLE 23 WARRANTY
23.01 DESIGN/BUILD FIRM warrants to CITY that all materials and equipment
furnished for the Project will be new unless otherwise specified and that all work for the
Project will be of good quality, free from faults and defects and in conformance with the
Contract Documents. The standard of quality shall be at least that employed by similarly
qualified Design/Build Firms that are duly qualified and licensed to perform similar
projects. All work for the Project not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. If
materials or equipment is improperly stored and becomes altered as a result of such
improper storage, DESIGN/BUILD FIRM shall replace said materials with new materials
at no additional cost. DESIGN/BUILD FIRM shall be responsible for proper storage and
safeguarding of all materials. If required by the Contract Administrator, DESIGN/BUILD
FIRM shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. The warranty requirements set forth in the Contract Documents as herein
defined shall govern warranty terms and conditions for all warranty items expressed or
implied. The DESIGN/BUILD FIRM'S warranty period under this Article shall be one (1)
year from the date of Substantial Completion of each portion of the Project. However,
this section shall not abridge the times or impede the rights and remedies afforded the
CITY against other entities or persons under the Contract Documents, or by law.
ARTICLE 24 SUPPLEMENTARY DRAWINGS
24.01 When, in the opinion of DESIGN/BUILD FIRM and/or CITY, it becomes
necessary to explain more fully the work to be done, or to illustrate the Project further to
show any changes which may be required, supplementary drawings. with specifications
pertaining thereto, will be prepared by the Consultant and submitted by DESIGN/BUILD
FIRM to the Contract Administrator for review and written acceptance.
24.02 The authorized supplementary drawings shall be binding upon DESIGN/BUILD
FIRM with the same force as the Contract Documents. Where such supplementary
drawings require either less or more than the estimated quantities of work, appropriate
adjustments shall be made pursuant to Change Order.
ARTICLE 25 rThis Article left intentionally blank]
ARTICLE 26 GENERAL WORKMANSHIP
26.01 Articles, materials, and equipment specified or shown on drawings shall be new
and shall be applied, installed, connected, erected, used, cleaned, and conditioned for
proper forming, as per the manufacturer's directions. DESIGN/BUILD FIRM shall, if
required, furnish satisfactory evidence as to kind and quality of the materials. Should
29
materials arrive to the jobsite new and be improperly stored and deteriorate from new
condition, the materials shall be replaced at no additional cost to CITY.
26.02 DESIGN/BUILD FIRM shall apply, install, connect, and erect manufactured items
or materials according to recommendations of manufacturer when such
recommendations are not in conflict with the Contract Documents. If there is conflict
between manufacturer recommendations and the Contract Documents, Contract
Administrator shall be notified and shall approve, in writing, any corrective actions prior
to implementation of same.
ARTICLE 27 DEFECTIVE WORK
27.01 Contract Administrator shall have the authority to reject or disapprove work for
the Project which Contract Administrator finds to be defective. Defective work is defined
as work not in accordance with the Contract Documents, in violation of code(s) or, as
applicable, other Federal, State, County, and/or City laws, ordinances, and/or
regulations; installed in violation of the manufacturer's written instructions where the
installation has caused new materials to be detrimentally affected where the life
expectancy of the material installed is reduced, or otherwise installed in a non-
workmanlike manner. If required by Contract Administrator, DESIGN/BUILD FIRM shall
promptly either, as directed, correct all defective work or remove it from the Project site,
and replace it with non-defective work. DESIGN/BUILD FIRM shall bear all costs of
such removal or correction.
27.02 If, within one (1) year after Substantial Completion, any work is found to be
defective or not in accordance with the Contract Documents, DESIGN/BUILD FIRM
shall correct it promptly without cost to CITY, after receipt of written notice from CITY to
do so, unless CITY has given DESIGN/BUILD FIRM a written acceptance of such
conditions. Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation which DESIGN/BUILD FIRM might have
under applicable law.
27.03 Should DESIGN/BUILD FIRM fail or refuse to remove or correct any defective
work performed for the Project ,or to make any necessary repairs in an acceptable
manner and in accordance with the requirements of this Agreement within a reasonable
time, indicated in writing, CITY shall have the authority to cause the unacceptable or
defective work to be removed or corrected, or make such repairs as may be necessary
to be made at DESIGN/BUILD FIRM'S expense. Any expense incurred by CITY in
making these removals, corrections or repairs, which DESIGN/BUILD FIRM has failed
or refused to make shall be paid for out of any monies due or which may become due to
DESIGN/BUILD FIRM, or may be charged against the bond or guaranty. Continued
failure or refusal on the part of DESIGN/BUILD FIRM to make any or all necessary
repairs promptly, fully, and in acceptable manner shall be sufficient cause for CITY to
declare this Agreement terminated, in which case CITY, at its option, may purchase
materials, tools, and equipment and employ labor or may contract with any other
individual, firm or corporation, or may proceed with its own forces to perform the work.
30
All costs and expenses incurred thereby shall be charged against the defaulting
DESIGN/BUILD FIRM; and the amount thereof deducted from any monies due, or which
may become due to DESIGN/BUILD FIRM, or shall be charged against the bond or
guaranty. Any special work performed, as described herein, shall not relieve
DESIGN/BUILD FIRM in any way from his responsibility for the work performed by it.
27.04 Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered or obligate CITY to final acceptance.
ARTICLE 28 SUBCONTRACTS
28.01 DESIGN/BUILD FIRM shall, at such times as DESIGN/BUILD FIRM decides
which subcontractors will perform the various portions of the Work, promptly notify the
Contract Administrator in writing of the names of subcontractors for the Project and
identify the portion of the work for the Project each will perform. DESIGN/BUILD FIRM
shall have a continuing obligation to notify the Contract Administrator of any change in
subcontractors. Notification of the names of subcontractors shall not relieve
DESIGN/BUILD FIRM from the primary responsibility, without limitation, of full and
complete satisfactory performance of all contractual obligations.
ARTICLE 29 SEPARATE CONTRACTS
29.01 CITY reserves the right to let other contracts in connection with this Project,
provided it does not interfere with DESIGN/BUILD FIRM'S work or schedule.
DESIGN/BUILD FIRM shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work and shall
properly connect and coordinate this work with theirs subject to provision of acceptable
insurance coverage, including DESIGN/BUILD FIRM and Contractor, as additional
insureds. CITY will request that its separate contractors coordinate their activities with
the work of the DESIGN/BUILD FIRM.
29.02 If any part of DESIGN/BUILD FIRM'S work depends for proper execution or
results upon the work of any other contractor or the CITY, DESIGN/BUILD FIRM shall
inspect and promptly report to the Contract Administrator any defects in such work that
render it unsuitable for such proper execution and results. DESIGN/BUILD FIRM'S
failure to so inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper for the reception of DESIGN/BUILD FIRM'S work, except as to
defects which may develop in other contractor's work after the execution of
DESIGN/BUILD FIRM'S work. However, DESIGN/BUILD FIRM shall not be responsible
or liable to CITY for any work performed by any other separate contractor not under the
auspices or control of DESIGN/BUILD FIRM.
29.03 To insure the proper execution of its subsequent work, DESIGN/BUILD FIRM
shall inspect the work already in place and shall at once report to the Contract
Administrator any discrepancy between the executed work and the requirements of the
Contract Documents.
31
ARTICLE 30 USE OF COMPLETED PORTIONS
30.01 Following substantial completion of each portion of the Project, CITY shall have
the right to take possession of for maintenance and/or for use of any completed or
partially completed portions of the Project; however, prior to any possession, a punch
list will be issued for the area to be occupied. Such possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. If such possession or use delays the Project, DESIGN/BUILD FIRM may
be entitled to a reasonable extension of time as determined by Contract Administrator.
30.02 In the event CITY takes possession, the following shall occur:
30.02.01 CITY shall give notice to DESIGN/BUILD FIRM at least thirty (30) calendar
days in advance on intent to occupy a designated area.
30.02.02 DESIGN/BUILD FIRM shall bring the designated area to point of Substantial
Completion. When DESIGN/BUILD FIRM considers that the designated area of the
Project is substantially complete, DESIGN/BUILD FIRM shall so notify the Contract
Administrator in writing and shall prepare for submission to the Contract Administrator a
list of items to be completed or corrected. The failure to include any items on such list
does not alter the responsibility of DESIGN/BUILD FIRM to complete work on the
designated area in accordance with the Contract Documents. The Contract
Administrator shall conduct an inspection to determine that the designated portion of the
Project is substantially complete. The Contract Administrator will then instruct
DESIGN/BUILD FIRM to deliver to CITY a Certificate of Occupancy pertinent to the
designated portion, which Certificate of Occupancy shall be issued by the appropriate
authority having jurisdiction over the Project. The Contract Administrator and
DESIGN/BUILD FIRM shall agree on the time within which DESIGN/BUILD FIRM shall
complete the items listed.
30.02.03 Upon issuance and acceptance of Certificate of Substantial Completion, CITY
will assume full responsibility for maintenance, utilities, subsequent damages of CITY
and public, adjustment of insurance coverages and start of warranty for occupied area.
DESIGN/BUILD FIRM shall remain responsible for all items listed to be completed or
corrected as submitted to Contract Administrator as required in Substantial Completion
process.
30.02.04 If CITY finds it necessary to occupy or use a portion or portions of the Project
prior to Substantial Completion thereof, such occupancy or use shall not commence
prior to a time mutually agreed upon by CITY and DESIGN/BUILD FIRM and to which
the insurance company or companies providing the property insurance have consented
by endorsement to the policy or policies. This insurance shall not be canceled or lapsed
on account of such partial occupancy or use. Consent of DESIGN/BUILD FIRM and of
the insurance company or companies to such occupancy or use shall not be
unreasonably withheld.
32
ARTICLE 31 CONSTRUCTION AREA
31.01 DESIGN/BUILD FIRM shall use areas approved by the Contract Administrator for
deliveries and personnel. Contract limits of construction area are indicated on the
concept drawings as issued by the Contract Administrator. Equipment, material and
personnel shall be in conformance with this Contract.
31.02 To provide for maximum safety and security, DESIGN/BUILD FIRM shall erect
and maintain all necessary barricades, and any other temporary walls and structures as
required, and boarding or fencing to protect life and property during the period of
construction.
ARTICLE 32 LANDS FOR WORK
32.01 CITY shall provide, as indicated in the Contract Documents, the lands upon which
the Project is to be performed, rights-of-way and easements for access thereto and
such other lands as are designated for the use of DESIGN/BUILD FIRM. No claim for
damages or other claim other than for an extension of time shall be made or asserted
against CITY by reason of any delay arising as a result of any failure of CITY to provide
such lands on the date needed by DESIGN/BUILD FIRM. The provisions of Article 40
shall apply herein.
ARTICLE 33 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
33.01 DESIGN/BUILD FIRM shall conform to all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and DESIGN/BUILD FIRM'S
general operations. DESIGN/BUILD FIRM shall also conduct its operations so as not to
close any thoroughfare, nor interfere in any way with traffic on streets, highways,
sidewalks, or other public right of ways without the written consent of the proper
authorities.
ARTICLE 34 DAMAGE TO EXISTING FACILITIES, EQUIPMENT OR UTILITIES
34.01 Existing utilities have been shown in the Contract Documents insofar as
information is reasonably available; however, it will be DESIGN/BUILD FIRM'S
responsibility to verify such information and to preserve all existing utilities whether
shown in the Contract Documents or not. If utility conflicts are encountered by
DESIGN/BUILD FIRM during construction, it is anticipated that DESIGN/BUILD FIRM
shall re-design its proposed improvements at its cost to avoid utility conflicts and/or
provide sufficient notice to the owners of the utilities and compensate owners of the
utilities so that they may make the necessary adjustments.
34.02 DESIGN/BUILD FIRM shall exercise care and take all precautions during
excavation and construction operations to prevent damage to any existing facilities,
equipment, or utilities. Any damage caused by DESIGN/BUILD FIRM shall be reported
immediately to the Contract Administrator and such work shall be repaired and/or
33
replaced by DESIGN/BUILD FIRM in a manner approved by CITY. All costs to repair
and/or replace any damage to existing facilities, equipment, or utilities shall be the sole
responsibility of DESIGN/BUILD FIRM, and such repair or replacement shall be
performed expeditiously without cost to CITY.
34.03 DESIGN/BUILD FIRM shall provide that type of required protection for finished
work at all times and protect adjacent work during cleaning operations, and make good
any damage resulting from neglect of this precaution:
34.04 Protection of work shall include protecting of work that is factory finished, during
transportation, storage, during and after installation. Where applicable and as required,
DESIGN/BUILD FIRM shall close off spaces of areas where certain work has been
completed to protect it from any damages caused by others during their operations.
34.05 DESIGN/BUILD FIRM shall store materials and shall be responsible for and shall
maintain partly or wholly finished work during the continuance of the contract and until
the final acceptance of the structure. If any materials or part of the work should be lost,
damaged, or destroyed by any cause or means whatsoever, the DESIGN/BUILD FIRM
shall satisfactorily repair and replace the same at DESIGN/BUILD FIRM'S own cost.
The DESIGN/BUILD FIRM shall maintain suitable and sufficient guards, if necessary,
and barriers, and at night, suitable and sufficient lighting for the prevention of accidents.
34.06 To all applicable sections where preparatory work is part of work thereon,
DESIGN/BUILD FIRM shall carefully examine surfaces over which finished work is to be
installed, laid or applied, before commencing with the work. DESIGN/BUILD FIRM shall
not proceed with said work until defective surfaces on which work is to be applied are
corrected to the satisfaction of the Contract Administrator. Commencement of work shall
be considered acceptance of surfaces and conditions.
34.07 It will be the DESIGN/BUILD FIRM'S responsibility to preserve all existing utilities
within the Project limits or as otherwise effected by DESIGN/BUILD FIRM. If utility
conflicts are encountered by the DESIGN/BUILD FIRM during construction, it is
anticipated that DESIGN/BUILD FIRM shall re-design its proposed improvements at its
cost as to avoid utility conflicts and/or provide sufficient notice to their owners and
compensate owners of the utilities from its funds so that they may make the necessary
adjustments. Damage to any utilities, which in the sole reasonable opinion of the CITY
is caused by negligence on the part of the DESIGN/BUILD FIRM, shall be repaired at
the DESIGN/BUILD FIRM'S expense.
ARTICLE 35 CONTINUING THE WORK
35.01 DESIGN/BUILD FIRM shall carry on the Project and adhere to the CPM and
Progress Schedule during all disputes or disagreements with CITY. No work shall be
delayed or postponed pending resolution of any disputes or disagreements. The
provisions of this Article shall be subject to all other applicable provisions of this
Agreement.
34
ARTICLE 36 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
36.01 The Contract Administrator shall have the right to approve and issue Field Orders
setting forth written interpretations of the intent of the Contract Documents to
Construction Manager and ordering minor changes in contract execution, providing the
Field Order involves no change in the total cost of the Project or the time of
performance.
36.02 The Contract Administrator shall have the right to approve and issue to
DESIGN/BUILD FIRM supplemental instructions setting forth the written orders,
instructions, or interpretations concerning the Contract Documents or performance
therein, provided they make no major changes in Contract execution and involve no
change in the total cost of the Project or the time of performance.
ARTICLE 37 CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
37.1 Without invalidating the Contract and without notice to any surety CITY reserves
and shall have the right, from time to time to make such increases, decreases or other
changes in the character or quantity of the Work as may be considered necessary or
desirable to complete fully and acceptably the proposed construction in a satisfactory
manner. Any extra or additional work within the scope of this Project must be
accomplished by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
37.2 Changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto, with the same formality and of equal dignity
prior to the initiation of any work reflecting such change. This section shall not prohibit
the issuance of Change Orders executed only by CITY as hereinafter provided.
37.3 The actual cost of the Payment and Performance Bond as a result of accepted
changes in the Work shall be added to or deducted from the cost of the changes in the
Work.
37.4 Notification of ChanQe of Contract Time or Contract Price: Weather
37.4.1 Any claim for a change in the Contract Time or Contract Price shall be
made by written notice delivered by DESIGN/BUILD FIRM to the CONTRACT
ADMINISTRATOR within five (5) calendar days of the commencement of the
event giving rise to the claim (which may include an occurrence or omission that
DESIGN/BUILD FIRM contends delays the Work, or receipt of an order,
instruction, CONTRACT ADMINISTRATOR'S supplemental information or other
directive changing the Work, or any other occurrence that DESIGN/BUILD FIRM
contends causes a change in Contract Time or Contract Price) and stating the
general nature of the claim. Notice of the nature and elements of the claim shall
be delivered within twenty (20) calendar days after the date of such written
35
notice. Thereafter, within twenty (20) calendar days of the termination of the
event giving rise to the claim, notice of the extent of the claim with supporting
data shall be delivered, unless CONTRACT ADMINISTRATOR and
DESIGN/BUILD FIRM allows an additional period of time to ascertain more
accurate data in support of the claim, and shall be accompanied by
DESIGN/BUILD FIRM's written statement that the adjustment claimed is the
entire adjustment to which the DESIGN/BUILD FIRM has reason to believe it is
entitled as a result of the occurrence of said event. All claims for adjustment in
the Contract Time or Contract Price shall be determined by PROJECT
MANAGER and CONTRACT ADMINISTRATOR in accordance with Article 11
hereof, if PROJECT MANAGER, CONTRACT ADMINISTRATOR and
DESIGN/BUILD FIRM cannot otherwise agree. NO CLAIM FOR AN
ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE WILL BE
VALID UNLESS IT IS SUBMITTED IN STRICT ACCORDANCE WITH THE
REQUIREMENTS OF THIS SECTION.
37.4.2 The Contract Time will be extended in an amount equal to time lost due to
delays beyond the control of and through no fault, negligence, or act or omission
of DESIGN/BUILD FIRM if a claim is made therefore as required by the Contract.
Such delays shall include, but not be limited to, acts or neglect by any separate
contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal
weather conditions, acts of God, or acts of terrorism.
37.4.3 Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for change in Contract Time
pursuant to this Article 37. These time extensions are justified only when rain or
other inclement weather conditions or related adverse soil conditions prevent
DESIGN/BUILD FIRM from productively performing controlling items of work;
identified on the accepted schedule or updates resulting in:
(1) DESIGN/BUILD FIRM being unable to work at least fifty percent (50%)
of the normal work day on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or (2) DESIGN/BUILD
FIRM must make major repairs to the Work damaged by weather, provided the
damage was not attributable to a failure or neglect by DESIGN/BUILD FIRM, and
provided that DESIGN/BUILD FIRM was unable to work at least fifty percent
(50%) of the normal work day on controlling items of work identified on the
accepted schedule or approved updates. No time extension will be allowed for
weekend rains unless the DESIGN/BUILD FIRM has been working weekends on
a regular basis on exterior Work.
37.4.4 The DESIGN/BUILD FIRM agrees and acknowledges that no ground for
an extension to the Contract Time or Contract Price shall arise as a result of any
reasonably foreseeable condition at the Project site, or as a result of anything
contained in the Contract Documents.
36
37.5 ChanQe Orders
37.5.1 Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract Price, or
the Contract Time, shall be authorized only by Change Orders approved and
issued by CITY.
37.5.2 The PROJECT MANAGER, as authorized by the CONTRACT
ADMINISTRATOR, may initiate a change order request ("Change Order
Request"), setting forth in detail the nature of the requested change. Upon
receipt of a Change Order Request, the DESIGN/BUILD FIRM shall review the
change order request with the PROJECT MANAGER and CONTRACT
ADMINISTRATOR prior to furnishing to the PROJECT MANAGER a statement
setting forth in detail, with a suitable detailed breakdown in CSI format, including
a breakdown of labor and materials, the DESIGN/BUILD FIRM's estimate of the
changes in the Cost of the Work and changes to any other Contract Price
elements attributable to the changes set forth in such Change Order Request,
and proposed adjustments, if any, to the Contract Time resulting from such
Change Order Request. If the CONTRACT ADMINISTRATOR accepts such
DESIGN/BUILD FIRM's estimate, a Change Order shall be processed by the
CITY and delivered to the DESIGN/BUILD FIRM for execution. Agreement on
any Change Order shall constitute a final settlement on all items affected
therein, including without limitation any adjustment in the Cost of the Work,
DESIGN/BUILD FIRM's fee, Guaranteed Maximum Price, or the Contract Time,
subject to performance thereof and payment therefore pursuant to the terms of
this Contract and such Change Order.
37.5.3 The DESIGN/BUILD FIRM's fee on such changes shall be a percentage
of the net change to the Cost of the Work resulting from the Change Order, not to
exceed five percent (5%).
Subcontractor's percentage markup on change orders for overhead and profit
shall be reasonable, but in no event shall the aggregate of the subcontractor's
overhead and profit markups exceed ten 10% of the subcontractor's cost of the
Work. In the event subcontractor is affiliated with the CONTRACTOR by
common ownership or management, or is effectively controlled by the
CONTRACTOR, no fee will be allowed on the subcontractor's costs. In the
event there is more than one level of subcontractor, such as second and third
tier subcontractors, the sum of all of the subcontractors' percentage markups for
overhead and profit shall not in the aggregate exceed fifteen 15% of the cost of
the Work. Subcontractor's cost of the Work shall be determined in accordance
with Article 12, hereof.
37.5.4 CONTRACTOR shall not start work on any alteration requiring an
increase in the Contract Price or the Contract Time until a Change Order setting
37
forth the adjustments is approved by the CITY unless there is an immediate need
to perform the work to maintain the Project Schedule. If there were such a need,
the CONTRACT ADMINISTRATOR will issue direction to perform the work on
the basis of a preliminary estimate provided by the CONTRACTOR and
approved by the PROJECT MANAGER. Upon receipt of a Change Order
CONTRACTOR shall promptly proceed with the work set forth within the
document.
37.5.5 In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change Order
has not been issued, CITY reserves the right at its sole option to either terminate
the Contract as it applies to the items in question and make such arrangements
as may be deemed necessary to complete the disputed work; or submit the
matter in dispute to PROJECT MANAGER and CONTRACT ADMINISTRATOR
as set forth in Article 11, hereof. During the pendency of the dispute, and upon
receipt of a Change Order, DESIGN/BUILD FIRM shall promptly proceed with the
change in the Work involved and advise the PROJECT MANAGER and
CONTRACT ADMINISTRATOR in writing within five (5) calendar days of
DESIGN/BUILD FIRM's agreement or disagreement with the method, if any,
provided in the Change Order for determining the proposed adjustment in the
Contract Price or Contract Time.
37.5.6 Upon approval of any Contract change increasing the Contract Price,
DESIGN/BUILD FIRM shall ensure that the Performance Bond and Payment
Bond are increased so that each reflects the total Contract Price as increased.
37.5.7 Change Orders may be issued unilaterally by CITY.
37.5.8 The DESIGN/BUILD FIRM hereby waives any claim not made with a
timely request for a Change Order.
37.5.9 After the GMP has been established, no Change Order shall be
approved in the case where the DESIGN/BUILD FIRM encounters a Design
Criteria Package discrepancy and has failed to foresee and/or coordinate any
conditions in the Work, including conflicts between documents, plans and
specifications and the existing Project site conditions, utilities, and unforeseen
underground conditions, which will cause an increase to the Contract Price and
the Contract Time.
37.5.10 No change in the GMP shall be allowed for delays caused by labor
disputes and strikes specific to the Project, or for other delay caused by the
DESIGN/BUILD FIRM or its Subcontractors or suppliers of any tier.
37.5.11 The DESIGN/BUILD FIRM waives all claims for additional time or
additional compensation for Work performed without a written Change Order,
unless as stated in Article 37.5.4.
38
37.5.12 DUTY TO CONTINUE WORK. The DESIGN/BUILD FIRM agrees that,
regardless of the pendency of any claim for additional compensation or time, the
DESIGN/BUILD FIRM shall continue to execute all Work. The DESIGN/BUILD
FIRM shall take all reasonable measures to minimize the effect of the pendency
of a claim.
37.5.13 PERMIT ADJUSTMENT. Should a material discrepancy be found
between the Design Criteria Package and the Contract Documents, and provided
only that said discrepancy result from the regulatory review of an agency that has
regulatory authority over the permitting process, the CITY shall issue a Change
Order to the DESIGN/BUILD FIRM.
ARTICLE 38 DIFFERING SITE CONDITIONS
38.1 No equitable adjustment to the Contract shall be allowed for DESIGN/BUILD
FIRM and no change to Contract Price or Contract Time, in the event that during the
course of the Work DESIGN/BUILD FIRM encounters an existing condition that was not
shown on the Contract Documents; or subsurface or concealed conditions at the Project
site which differ materially from those shown on the Contract Documents and from
those ordinarily encountered and generally recognized as inherent in work of the
character called for in the Contract Documents; or unknown physical conditions of the
Project site, of an unusual nature, which differ materially from that ordinarily
encountered and generally recognized as inherent in work of the character called for in
the Contract Documents.
ARTICLE 39 (This Article left intentionally blank)
ARTICLE 40 NO DAMAGES FOR DELAY
40.01 NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN
EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST CITY BY
REASON OF ANY DELAYS. DESIGN/BUILD FIRM shall not be entitled to an increase
in the Contract Price or payment or compensation of any kind from CITY for direct,
indirect, consequential, impact or other costs, expenses or damages, including, but not
limited to, costs of acceleration or inefficiency, arising because of delay, disruption,
interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable, provided, DESIGN/BUILD FIRM
hindrances or delays are not due solely to fraud, bad faith or active interference on the
part of CITY or its agents. Unless the delay is due soley to fraud, bad faith, or actibe
interference by the City, DESIGN/BUILD FIRM shall be entitled only to extensions of the
Contract time as the sole and exclusive remedy for such resulting delays, in accordance
with and to the extent specifically provided above. The specific application of this Article
to other provisions of this Agreement shall not be construed as a limitation of any sort
upon the further application of this Article. Ten Dollars ($10.00) of DESIGN/BUILD
39
FIRM'S fee is acknowledged as separate and independent consideration for the
covenants contained in this Article.
ARTICLE 41 SUBSTANTIAL COMPLETION
41.01 When DESIGN/BUILD FIRM considers that the Project, or a designated portion
thereof, which is acceptable to CITY, is substantially complete, DESIGN/BUILD FIRM
shall so notify the Contract Administrator in writing and shall prepare for submission to
the Contract Administrator a thorough list of items to be completed or corrected,
together with a schedule for completion of all items. The failure to include any items on
such list does not alter the responsibility of DESIGN/BUILD FIRM to complete all work
in accordance with the Contract Documents. The Contract Administrator, Project
Manager and such other persons as the Contract Administrator may deem necessary,
shall conduct a joint inspection to determine that the Project or designated portion
thereof is substantially complete. The Contract Administrator will then instruct
DESIGN/BUILD FIRM to prepare and deliver to the Contract Administrator a Certificate
of Substantial Completion which shall establish the date of Substantial Completion for
that portion of the Project. After review of the Certificate by the Contract Administrator,
CITY shall either accept or reject the Certificate. Acceptance of Substantial Completion
by CITY and its Contract Administrator shall be based upon compliance with the
Contract Documents and applicable codes, laws, rules, and regulations having
jurisdiction over this Project. DESIGN/BUILD FIRM shall have thirty (30) days to
complete the items listed therein. Warranties required by the Contract Documents and
submitted in appropriate form to the Contract Administrator along with the request for
Substantial Completion shall commence on the date of Substantial Completion of that
portion of the Project. The Certificate of Substantial Completion shall be submitted to
CITY through the Contract Administrator and DESIGN/BUILD FIRM for their written
acceptance of the responsibilities assigned to them in such Certificate.
ARTICLE 42 SHOP DRAWINGS AND SCHEDULE OF VALUES
42.01 DESIGN/BUILD FIRM shall submit Shop Drawings for all equipment, apparatus,
machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The
purpose of a Shop Drawing is to show the suitability, efficiency, technique of
manufacture, installation requirements, details of the item and evidence of its
compliance or noncompliance with the Contract Documents.
42.02 DESIGN/BUILD FIRM shall submit to the Contract Administrator within thirty (30)
calendar days following the application for a building permit a complete list of
preliminary data on items for which Shop Drawings are to be submitted. Approval of this
list by the Contract Administrator, which approval shall be in writing, shall in no way
relieve DESIGN/BUILD FIRM from submitting complete Shop Drawings and providing
materials, equipment, etc., fully in accordance with the Contract Documents. This
procedure is required in order to expedite final approval of Shop Drawings.
40
42.03 After the approval of the list of items required in Section 42.02, DESIGN/BUILD
FIRM shall promptly request Shop Drawings from the various manufacturers,
fabricators, and suppliers.
42.04 DESIGN/BUILD FIRM shall thoroughly review and check the Shop Drawings and
each and every copy shall show DESIGN/BUILD FIRM'S approval thereon.
42.05 If the Shop Drawings show or indicate departures from the Contract
requirements, DESIGN/BUILD FIRM shall make specific mention thereof in its shop
drawing submittal and a separate letter. Failure to point out such departures shall not
relieve DESIGN/BUILD FIRM from its responsibility to comply with the Contract
Documents. Contract Administrator shall determine acceptability of change and in
considering said change, may require data, technical comparisons, cost comparisons,
quality comparisons and/or calculations to determine the equality of deviations.
Contract Administrator is not obligated to accept deviations.
42.06 No work called for by Shop Drawings shall be done until the said Drawings have
been furnished to and accepted in writing by the Contract Administrator or his designee.
Contract Administrator shall respond to Shop Drawings pre-approved by Consultant
with objections or acceptance within ten (10) business days of receipt. Acceptance is
for design intent only and shall not relieve DESIGN/BUILD FIRM and Consultant from
responsibility for fit, form, function, quantity or for errors or omissions of any sort on the
Shop Drawings.
42.07 No acceptance will be given to partial submittal of Shop Drawings for items which
interconnect and/or are interdependent. It is DESIGN/BUILD FIRM'S responsibility to
assemble the Shop Drawings for all such interconnecting and/or independent items,
check them and then make one submittal to the Contract Administrator along with
DESIGN/BUILD FIRM'S comments as to compliance, noncompliance, or features
requiring special attention.
42.08 If catalog sheets or prints of manufacturers' standard drawings are submitted as
Shop Drawings, any additional information or changes on such drawings shall be
typewritten or lettered in ink. Catalog sheet with multiple options shall be highlighted to
depict specific pertinent data including options.
42.09 DESIGN/BUILD FIRM shall submit to Contract Administrator eight (8) copies.
Resubmissions of Shop Drawings shall be made in the same quantity until final
acceptance is obtained.
42.10 Contract Administrator's acceptance of the Shop Drawings as approved by
DESIGN/BUILD FIRM will be for general compliance with the plans and specifications
design intent and shall not relieve DESIGN/BUILD FIRM of responsibility for the
accuracy of such Drawings, nor for the proper fittings and construction of the work, nor
for the furnishing of the materials or work required by the Contract and not indicated on
the Drawings.
41
42.11 DESIGN/BUILD FIRM shall keep one set of Shop Drawings marked with the
Contract Administrator's acceptance at the Project site at all times.
42.12 The DESIGN/BUILD FIRM shall submit a schedule of values to the Contract
Administrator as specified in Section 01311. DESIGN/BUILD FIRM shall submit to the
Contract Administrator a separate Schedule of Values for demolition, abatement, and
site work thirty (30) calendar days prior to commencing such portion of the work. The
schedule will be typed on 8-1/2" x 11" white paper listing: Title of project, location,
project number, architect, contractor, contract designation, and date of submission. The
schedule shall list the installed value of the component parts of the work in sufficient
detail to serve as a basis for computing values for progress payments during the
construction. The table of contents of the specifications shall establish the format for
listing the component items. Each line item will be identified by the number and title of
the respective major section of the specifications. For each line item, DESIGN/BUILD
FIRM shall list the sub-values of major products or operations under the item. Each item
shall include the proportion of DESIGN/BUILD FIRM'S overhead and profit. For any
items for which progress payments will be requested for stored materials, the value will
be broken down with:
42.12.01 The cost of materials delivered, unloaded, properly stored and safeguarded,
with taxes paid; and
42.12.02 The total installed value.
ARTICLE 43 FIELD ENGINEERING
43.01 The DESIGN/BUILD FIRM shall provide and pay for field engineering services
required for the Project. This work shall include the following elements:
43.01.01 Survey work required in execution of the Project.
43.01.02 Civil, structural or other professional engineering services specified, or
required to execute the DESIGN/BUILD FIRM'S construction methods.
43.02 The survey completed by DESIGN/BUILD FIRM will identify the qualified
engineer or registered land surveyor, acceptable to the CITY, and he or she shall be
retained by the DESIGN/BUILD FIRM at the outset of this Project.
43.03 The survey will locate and protect control points prior to starting site work, and
will preserve all permanent reference points during construction.
43.03.01 No changes or relocations will be made without prior written notice to the
Contract Administrator.
42
43.03.02 A written report shall be made to the Contract Administrator when any
reference point is lost or destroyed, or requires relocation because of necessary
changes in grades or locations.
43.03.03 The surveyor shall be required to replace Project control points which may be
lost or destroyed. The surveyor shall be duly registered as a surveyor or mapper, as
required by state law.
43.03.04 Replacements shall be established based upon original survey control.
ARTICLE 44 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
44.01 The entire responsibility for establishing and maintaining a line and grade in the
field lies with DESIGN/BUILD FIRM. DESIGN/BUILD FIRM shall maintain an accurate
and precise record of the location and elevation of all pipe lines, conduits, structures,
underground utility access portals, hand holes, fittings and the like and shall deliver
these records in good order to the Contract Administrator as the work is completed.
These records shall serve as a basis for "record" drawings. The cost of all such field
layout and recording work is included in the prices bid for the appropriate items.
44.02 DESIGN/BUILD FIRM shall maintain in a safe place at the site one record copy
of all Plans and Specifications, addenda, written amendments, Change Orders and
written interpretations and clarifications in good order and annotated to show all
changes made during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings will be available to Contract
Administrator for reference. Upon completion of the Project, these record documents,
samples and Shop Drawings shall be delivered to Contract Administrator.
44.03 At the completion of the Project, the DESIGN/BUILD FIRM shall turn over to the
CITY a set of reproducible drawings (Mylars) and a complete set of all drawings in the
latest version of the AutoCAD format on floppy disk not compressed which accurately
reflect the "as built" conditions of the new facility. All changes made to the construction
documents, either as clarifications or as changes, will be reflected in the plans. The
changes shall be submitted on Mylar at least monthly to the Contract Administrator.
These "as built" drawings on Mylar and the latest version of the AutoCAD format media
must be delivered and found to be acceptable prior to final payments.
ARTICLE 45 SAFETY AND PROTECTION
45.01 DESIGN/BUILD FIRM shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project.
DESIGN/BUILD FIRM shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury or loss to:
45.01.01 All employees on the Project and other persons who may be affected thereby;
43
45.01.02 All the work and all materials or equipment to be incorporated therein, whether
in storage on or off the Project site; and
45.01.03 Other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
45.02 DESIGN/BUILD FIRM shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection. DESIGN/BUILD FIRM shall notify
owners of adjacent property and utilities when prosecution of the work may affect them.
All damage, injury or loss to any property referred to in Sections 45.01.02 and 45.01.03
above, caused directly or indirectly, in whole or in part, by DESIGN/BUILD FIRM, any
subcontractor or consultant or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by DESIGN/BUILD
FIRM; however, DESIGN/BUILD FIRM shall not be liable for injury or damage caused
by CITY, its employees, consultants or its separate contractors. DESIGN/BUILD FIRM'S
duties and responsibilities for the safety and protection of the Project shall continue until
such time as all the Project is completed and the Contract Administrator has issued a
notice to DESIGN/BUILD FIRM that the Project is acceptable except as otherwise
provided in Article 30.
45.03 DESIGN/BUILD FIRM shall designate a responsible member of its organization
at the Project site whose duty shall be the prevention of accidents. This person shall be
DESIGN/BUILD FIRM'S Project Representative unless otherwise designated in writing
by DESIGN/BUILD FIRM to CITY.
ARTICLE 46 PAYMENT OF TESTS BY DESIGN/BUILD FIRM
46.01 Except when otherwise specified in the Contract Documents, the expense of all
tests and test reports shall be borne by DESIGN/BUILD FIRM.
ARTICLE 47 [Note: This Article is intentionally left blank]
ARTICLE 48 CLEANING UP AND REMOVAL OF EQUIPMENT
48.01 DESIGN/BUILD FIRM shall at all times keep the Project site free from
accumulation of waste materials or rubbish caused by DESIGN/BUILD FIRM'S
operations. At the completion of the Project, DESIGN/BUILD FIRM shall remove all its
waste materials and rubbish from and about the Project as well as its tools, construction
equipment, machinery and surplus materials. If DESIGN/BUILD FIRM fails to clean up
at the completion of the Project, CITY may do so; and the cost thereof shall be charged
to DESIGN/BUILD FIRM.
44
48.02 CITY'S Right to Clean-Up
If a dispute arises between DESIGN/BUILD FIRM and separate contractors as to
responsibility for cleaning up, CITY may clean up and charge the cost thereof to the
contractors responsible therefore, as the Contract Administrator shall determine to be
just. This provision is solely for cleaning.
48.03 Removal of Equipment
In case of termination of this Agreement before completion for any cause whatever,
DESIGN/BUILD FIRM, if notified to do so by CITY, shall promptly remove any part or all
of DESIGN/BUILD FIRM'S equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the expense
of DESIGN/BUILD FIRM.
ARTICLE 49 [Note: This Article is intentionally left blankl
ARTICLE 50 BONDS AND INSURANCE
DESIGN/BUILD FIRM shall furnish, or cause to be furnished, on or before fifteen (15)
days after execution of this Agreement, the following:
50.01 Performance Bond and Payment Bond (Surety):
50.01.01 A performance bond and payment bond of the form and containing all the
provisions attached hereto and made a part hereof. Payment and Performance bonds
may be in the form of dual obligee bonds from the Contractor in the amount of the
contract between the DESIGN/BUILD FIRM and the Contractor, naming the CITY and
DESIGN/BUILD FIRM as dual obligees. DESIGN/BUILD FIRM shall provide payment
and performance bonds in the remaining amount of the Contract Price naming the CITY
as the obligee on those bonds.
50.01.02 The Bonds shall be in the amount of one hundred percent (100%) of the
Contract amount guaranteeing to CITY the completion and performance of the Project
covered in this Agreement as well as full payment of all suppliers, material persons,
laborers, or subcontractors employed pursuant to this Project. Such Bonds shall be with
a surety company which is qualified pursuant to Section 50.03.
50.01.03 Such Bonds shall continue in effect for one year after completion and
acceptance of the Project with liability equal to one hundred percent (100%) of the
Contract price, or an additional bond shall be conditioned that DESIGN/BUILD FIRM
will, upon notification by CITY, correct any defective or faulty work or materials which
appear within one year after completion and acceptance of the Project.
-OR-
45
50.02 Performance and Payment Guaranty:
50.02.01 In lieu of a performance bond and payment bond, DESIGN/BUILD FIRM may
furnish an alternate form of security which may be in the form of cash, money order,
certified check, cashiers check or irrevocable letter of credit. Such alternate forms of
security shall be for the same purpose and shall be subject to the same conditions as
those applicable above and shall be held by CITY for one year after completion and
acceptance of the Project.
50.03 Qualifications of Surety:
50.03.01 A separate performance bond and payment bond must be executed by a
surety company of recognized standing, authorized to do business in the state of Florida
as surety, having a resident agent in the state of Florida and having been in business
with a record of successful continuous operation for at least five (5) years.
50.03.02 In addition to the above-minimum qualifications, the surety company must
meet at least one of the following additional qualifications:
50.03.02.01 The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the
underwriting limitation set forth in the circular, in order to qualify, the net retention of the
surety company shall not exceed the underwriting limitation in the circular, and the
excess risks must be protected by coinsurance, reinsurance, or other methods in
accordance with Treasury Circular 297, revised September 1, 1978 (31 CFR Section
223.10 Section 223.111). Further, the surety company shall provide CITY with evidence
satisfactory to CITY, that such excess risk has been protected in an acceptable manner.
50.03.02.02 The surety company shall have at least the following minimum ratings in
the latest revision of Best's Insurance Report:
Size
Ratings
B+
B+
A
A
A
A
A
Amount of Bond
500,001 to 1,020,000
1,020,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10, 000, 000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
Category
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
46
50.04 INDEMNIFICATION OF CITY
50.04.01 In consideration of Twenty-five Dollars ($25.00), separately acknowledged by
DESIGN/BUILD FIRM, and other valuable consideration, DESIGN/BUILD FIRM shall
indemnify and save harmless CITY, its officers, agents and employees, from or on
account of any injuries or damages, received or sustained by any person or persons
during or on account of any construction activities of DESIGN/BUILD FIRM its
Consultant, Contractor, or any subcontractors, consultants, subconsultants, agents,
servants, or employees connected with the Project; or by or in consequence of any
negligence of DESIGN/BUILD FIRM, its Consultant, Contractor, or any subcontractors,
consultants, subconsultants, agents, servants, or employees (excluding negligence of
CITY), in connection with the construction activities of the DESIGN/BUILD FIRM its
Consultant, Contractor or any subcontractors, consultants, subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper materials;
or by or on account of any act, error or omission of DESIGN/BUILD FIRM its
Consultant, Contractor, or any subcontractor, consultants, subconsultants, agents,
servants or employees, except to the extent caused by CITY. DESIGN/BUILD FIRM
agrees to indemnify and save harmless CITY against any claims or liability arising from
or based upon the violation of any federal, state, CITY or city laws, bylaws, ordinances
or regulations by DESIGN/BUILD FIRM, its Consultant, Contractor, subcontractors,
Consultants, subconsultants, agents, servants or employees (excluding negligence of
CITY). DESIGN/BUILD FIRM further agrees to indemnify and save harmless CITY from
all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against CITY on account of any claims, fees, royalties,
or costs for any invention or patent, and from any and all suits and actions that may be
brought against CITY for the infringement of any and all patents or patent rights claimed
by any person, firm, or corporation. This consideration is separate and distinct from any
other consideration received by DESIGN/BUILD FIRM.
50.04.02 DESIGN/BUILD FIRM further agrees to indemnify, save harmless and defend
CITY, its agents, servants and employees, from and against any claim, demand or
cause of action of whatever kind or nature arising out of any negligent conduct or
misconduct of DESIGN/BUILD FIRM not included in Section 50.04.01 above and for
which CITY, its Consultant, Contractor, subcontractors, Consultants, subconsultants,
agents, servants or employees, are alleged to be liable.
50.04.03 The indemnification provided above shall obligate DESIGN/BUILD FIRM to
defend at its own expense to and through appellate, supplemental or bankruptcy
proceeding, or to provide for such defense, at CITY'S option, any and all claims of
liability and all suits and actions of every name and description that may be brought
against CITY which may result from the operations and activities under this Agreement
whether the construction operations be performed by DESIGN/BUILD FIRM, its
Consultant, Contractor, subcontractors, its consultants, subconsultants, or by anyone
directly or indirectly employed by any of the above.
47
50.04.04 The execution of this Agreement by DESIGN/BUILD FIRM shall obligate
DESIGN/BUILD FIRM to comply with the foregoing indemnification provision.
50.05 INSURANCE
DESIGN/BUILD FIRM shall provide, or cause to be provided, pay for, and maintain in
force at all times during the Project, such insurance, including Workers' Compensation
Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance,
and shall require DESIGN/BUILD FIRM to provide, pay for and maintain in force at all
times during the Project, Professional Liability Insurance, as will assure to CITY the
protection contained in this Agreement. Builder's Risk Insurance is governed by the
provisions of Section 50.05.05.
Such policy or policies shall be issued by companies approved to do business in the
state of Florida, and having agents upon whom service of process may be made in the
state of Florida. DESIGN/BUILD FIRM shall specifically protect CITY by naming CITY
as an additional insured under the Comprehensive General Liability Insurance Policy
hereinafter described.
50.05.01 Professional Liability Insurance with limits of liability provided by such policy
not less than Three Million Dollars ($3,000,000.00) each claim to assure CITY the
indemnification specified in Section 50.04. Such policy may carry a deductible;
however, any deductible shall not exceed One Hundred Thousand Dollars
($100,000.00) for each claim. The Certificate of Insurance for Professional Liability
Insurance shall reference the applicable deductible and the Project.
50.05.02 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. In addition, the policy(ies) must include:
Employer's Liability with a limit of $100,000.00 each accident.
50.05.03 Comprehensive General Liability with minimum limits of Two Million Dollars
($1,000,000.00 primary and excess of $1,000,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the Insurance Services
Office and must include:
Premises and/or Operations.
Independent Contractors.
Products and/or Completed Operations.
48
The DESIGN/BUILD FIRM shall maintain in force until at least three (3) years after final
completion of the Project coverage for Products and Completed Operations, including
Broad Form Property Damage.
Explosion, Collapse and Underground Coverage's.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific Agreement, including any
hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employees and Contractual Exclusions removed with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide
the CITY with thirty (30) days notice of cancellation and/or restriction.
50.05.04 Business Automobile Liability with minimum limits of Three Hundred Thousand
Dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Automobile Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office and must include:
Owned vehicles.
Non-owned and hired vehicles.
50.05.05 An All Risk Builder's Risk Insurance Policy will be provided by CITY for this
Project. The Builder's Risk Certificate of Insurance is issued with a Ten Thousand
Dollar ($10,000.00) deductible per claim. In the event a claim occurs for this Project,
DESIGN/BUILD FIRM will pay fifty percent (50%) or Five Thousand Dollars ($5,000.00)
expenditure for its portion of the deductible.
50.05.06 Notice of Cancellation, Expiration and/or Restriction: The policy(ies) must be
endorsed to provide the City of Miami Beach, Florida, with thirty (30) calendar days
notice of cancellation, expiration and/or restriction, to the attention of the Risk
Manager, 1700 Convention Center Drive, Miami Beach, Florida 33139.
50.05.07 DESIGN/BUILD FIRM shall furnish to the Contract Administrator Certificate(s)
of Insurance evidencing the insurance coverage's required herein prior to final award by
the Board. Such certificate(s) shall reference this Agreement. CITY reserves the right to
require a certified copy of such policies upon request. All certificates shall state that
CITY shall be given thirty (30) calendar days' prior written notice of cancellation and/or
expiration.
49
50.05.08 DESIGN/BUILD FIRM shall provide to CITY a Certificate of Insurance or a
copy of all insurance policies required under this Article. The City's Risk Manager
reserves the right to require certified copies if requested. Endorsements and
certifications shall state CITY is to be given thirty (30) calendar days' written notice prior
to expiration or cancellation of the policy.
ARTICLE 51 MISCELLANEOUS
51.01 ROYALTIES AND PATENTS
All fees, royalties, and claims for any invention, or pretended invention, or patent of any
article, material, arrangement, appliance or method that may be used upon or in any
manner be connected with the construction of this Project or appurtenances, are hereby
included in the prices stipulated in this Agreement for said Project.
51.02 DATUM
All elevations are referred to as Miami Beach Bay Datum.
51.03 RIGHTS OF VARIOUS INTERESTS
Whenever work being done by CITY'S forces or by other contractors is contiguous to
work covered by this Agreement, the respective rights of the various interests involved
shall be established by the Contract Administrator to secure the completion of the
various portions of the work in general harmony.
51.04 ASSIGNMENT
This Agreement shall not be assigned or subcontracted a whole without the written
consent of the City, nor shall DESIGN/BUILD FIRM assign any monies due or to
become due to it hereunder, without the prior written consent of the City.
51.05 NO INTEREST
Any monies not paid by CITY when claimed to be due to DESIGN/BUILD FIRM under
this Agreement shall not be subject to interest. However, the provisions of CITY'S
prompt payment ordinance, as such relates to timeliness of payment, and the provisions
of Section 218.74(4), Florida Statutes, as such relates to the payment of interest, shall
apply to valid and proper invoices.
51.06 OWNERSHIP OF DOCUMENTS
Drawing, specifications, design, models, photographs, computer AutoCAD disks,
reports, surveys, and other data provided in connection with this Agreement and for
which CITY has rendered payment, are and shall become and remain the property of
CITY whether the Project for which they are made is executed or not. If this Agreement
50
is terminated for any reason prior to completion of the work, CITY may, in its discretion,
use any design and documents prepared hereunder for the purpose of completing the
Project, provided that CITY has paid for same; and provided further that if such
termination occurs prior to completion of documents and/or through no fault of
DESIGN/BUILD FIRM; DESIGN/BUILD FIRM shall have no liability for such use; and
provided further that any reuse without the written verification or adaptation of
DESIGN/BUILD FIRM for the specific purpose intended will be without liability or legal
exposure to DESIGN/BUILD FIRM. At the completion of the Project, as part of the
Project closeout, copies of all drawings on AutoCAD disks shall be transmitted from
DESIGN/BUILD FIRM to the Contract Administrator within seven (7) calendar days of
termination of this Agreement in addition to the record drawing. The provisions of this
clause shall survive the completion of this Agreement and shall thereafter remain in full
force and effect. Any compensation due to DESIGN/BUILD FIRM shall be withheld until
all documents are received as provided herein. Notwithstanding the foregoing, the
CITY retains ownership of any and all documents provided to the DESIGN/BUILD FIRM
and has full use thereof without any further payment.
51.07 RECORDS
DESIGN/BUILD FIRM shall keep such records and accounts and require any and all
architects, consultants and subcontractors to keep records and accounts as may be
necessary in order to record complete and correct entries as to personnel hours
charged to this engagement. Such books and records will be available at all reasonable
times for examination and audit by CITY and shall be kept for a period of three (3) years
after the completion of the Project pursuant to this Agreement. Incomplete or incorrect
entries in such books and records will be grounds for disallowance by CITY of any fees
or expenses based upon such entries.
51.08 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
DESIGN/BUILD FIRM shall not unlawfully discriminate against any person in its
operations and activities in its use or expenditure of the funds or any portion of the
funds provided by this Agreement and shall affirmatively comply with all applicable
provisions of the Americans with Disabilities Act in the course of providing any services
funded in whole or in part by CITY, including Titles I and 11 of the (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines,
and standards.
DESIGN/BUILD FIRM'S decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age, religion, color,
gender, sexual orientation, national origin, marital status, physical or mental disability,
political affiliation, or any other factor which cannot be lawfully or appropriately used as
a basis for service delivery.
51
DESIGN/BUILD FIRM shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and further shall
not discriminate against any employee or applicant for employment because of race,
age, religion, color, gender, sexual orientation, national origin, marital status, political
affiliation, or physical or mental disability. In addition, DESIGN/BUILD FIRM shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons.
Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training
(including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall take affirmative action to ensure that applicants are
employed and employees are treated without regard to race, age, religion, color,
gender, sexual orientation, national origin, marital status, political affiliation, or physical
or mental disability during employment. Such actions shall include, but not be limited to,
the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay, other forms of compensation, terms and
conditions of employment, training (including apprenticeship), and accessibility.
DESIGN/BUILD FIRM shall not engage in or commit any discriminatory practice in
violation of the CITY'S Human Rights Ordinance in performing the Scope of Services or
any part of the Scope of Services of this Agreement.
51.09 NO CONTINGENT FEE
DESIGN/BUILD FIRM warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for DESIGN/BUILD FIRM to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely
for DESIGN/BUILD FIRM, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this provision, CITY shall have the right to terminate the
Agreement without liability at its discretion, to deduct from the Contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
51.10 ALL PRIOR AGREEMENTS SUPERSEDED: AMENDMENTS
The Contract Documents incorporate and include all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein, and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are
not contained in the Contract Documents. Accordingly it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written.
52
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
51.11 NOTICES
Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified; and the place for giving of
notice shall remain such until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving of notice, to wit:
FOR CITY:
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Drive
Miami Beach. Florida 33139
c/o CIP Director
WITH COPY TO:
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
c/o City Manaqer
and
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
c/o City Attorney
FOR DESIGN/BUILD FIRM:
Ric-Man International, Inc.
2601 NW. 48th Street
Pompano Beach. Florida 33073
c/o David Mancini
51.12 TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Agreement by DESIGN/BUILD FIRM shall act as the execution of a
truth-in-negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation of this Agreement are accurate, complete, and current at
the time of contracting. The original Contract price and any additions thereto shall be
53
adjusted to exclude any significant sums by which CITY determines the Contract price
was increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such Contract adjustments shall be made within one (1) year
following completion and acceptance of the Project.
51.13 INTERPRETATION
The parties hereto acknowledge and agree that the language used in this Agreement
expresses their mutual intent, and no rule of strict construction shall apply to either party
hereto. The headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement. All personal
pronouns used in this Agreement shall include the other gender, and the singular shall
include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and
not to the particular sentence, paragraph or section where they appear, unless the
context requires otherwise. Whenever reference is made to a Section or Article of this
Agreement, such reference is to the Section or Article as a whole, including all of the
subsections and subparagraphs of such Section or Article, unless the reference is
expressly made to a particular subsection or subparagraph of such Section or Article.
51.14 RECYCLED CONTENT
In support of the Florida Waste Management Law, DESIGN/BUILD FIRM is encouraged
to supply any information available regarding recycled material content in the products
provided. CITY is particularly interested in the type of recycled material used (such as
paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in
the product. CITY also requests information regarding any known or potential material
content in the product that may be extracted and recycled after the product has served
its intended purpose.
51.15 PUBLIC ENTITY CRIMES ACT
In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a Public Entity Crime, may
not submit a bid on a contract to provide any goods or services to the CITY, may not
submit a bid on a contract with the CITY for the construction or repair of a public
building or public work, may not submit bids on leases of real property to the CITY, may
not be awarded or perform work as a contractor supplier, subcontractor or consultant
under a contract with the CITY and may not transact any business with the CITY in
excess of the threshold amount provided in Section 287.017, Florida Statutes, as
amended, for category two purchases for a period of 36 months from the date of being
placed on the convicted vendor list. Violation of this section shall result in cancellation of
the CITY purchase and may result in debarment.
54
51.16 APPLICABLE LAW AND VENUE
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall be in Miami-Dade
County, Florida. BY ENTERING INTO THIS CONTRACT, DESIGN/BUILD FIRM AND
CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE
PROJECT. DESIGN/BUILD FIRM SHALL SPECIFICALLY BIND ITS PROJECT TEAM
MEMBERS AND ANY AND ALL SUBCONTRACTORS TO THE PROVISIONS OF THE
CONTRACT.
55
IN WITNESS WHEREOF, the parties have1et their hands and seals the day and year
first above written. /
/ i
!TH
F MIAMI BEACH, FLORIDA
ATT~ rM~
Robert Parcher, City Clerk
DBF MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below]
DESIGN/BUILD FIRM/
RIC-MAN,lnternationallnc,
ATTEST:
-.; ~'---
(Secretary)
----- By:
-4Z~corpo:!-
(Preslaent)
j)Av,'D MANCihi I rt-.eSjcJ.enf-
(Print Name and Title)
lLdayof U ~ ,20J2!/.
(Corporate Seal)
[If not incorporated sign below]
DESIGN/BUILD FIRM/
RIC-MAN,lnternationallnc,
WITNESSES:
(Name of Firm)
By:
''''1-~:\.l.'''''/ -.., ...........
(Signature)
(Print Name and Title)
Bid
Item
1
ATTACHMENT I
I Description
Design and construction of Washington Avenue Phaes 2, 4 and 5
Amount
$11,800,000
100,000
25
2
Permitting Allowance
3
Consideration for Indemnification
7
Washington Avenue & 16th Street storm water pump station
planning, design and permitting services
134,554
8
Lincoln Road median planning, design and permitting services
I Total Award Price
69,850
$12,104,429
55
, .
, '.
: ::F~')'.:.::;:~,"1,!1"'~::~071~~-::FbRMbF'Pei~6~CE~bNO: '. '::: ..::. -::' :':i":~~::.'~"~\-:':::'
. . ~- -) ...,' - - '. . ..." . ...
. I
Bond NO.13009593
." ":.
. "
- . -:..;-": .-;. :.t:.: :'~-:.
.BY. nns BONO, We Ric-Man International, 'Inc. as
PMcipa~ hereinafter called., OESIGNtauILO . ARM. and.
Liberty Mutual Insurance C01IIpanr as Surely, ~ boond to' the Cit1 of Miami
. .
, "., .,', Beach. Aorida.~$ Obligee: ~er calfed COY, tn. the amount of
.' . TWdve 1IIilliol! Qnt hllDdred four tb,ousaDd, fo" ur III',D, deed, aDd tlfeDir IIiDe : ':, ' . .. '~.J
' .-: -..', .--.--..-- F" '." ". .. " '. Doflars -C. ~12,104,429.. t for the payment wbert;Vl
. .
OESIGN/BU'LO 'FIRM and Surety bl~O' th~elves. their hM. executors,
edmintsWt<x;, successors and assigns. Jointly and severaffi.
WHEREAS, DE$JGWBUllP FIRM has by wriftenagreement entered toto a'
Oontfa.ct. Bid/Contract No.: ;}..2-- - c:z..- / b. ' . ~ed the. 14 tq day. of
-:c. . J:",,",,'7. . 20....llLc with cnYWhich Contract. 'and Bid Pacbge'sre by-
refereoce 'I'lCOcPocaled herein and mad~ s part hereof, and weoiticaUy iilt:lude provision
for liquidated dama~. and other damages identified, and for tfle purposes of tilts Bond
. are hereafter referrecf (0 as tl.le ~ntraot";
).,
. .
- THe CONOmON OF 1lilS BOND ':>that ffDESIGNlBUILO FIRM:
. '.
Petforms'the Con1ract between DE$fGNlBUILO RRM and CIlY for cons1rUction
. Of~esi21l' aitd, construction of lfashiURton Avenue ...the CQntract belog . .
made a part ortis Bond by reference, at the times and it) Ute manner prescdbed. ,
to the Contract and, . . .
,'2. Pays CITY .f;lU losSes. liqUidated damagesf expenSes(' costs and attorneys fees ,
inclucling appellate: proceediogs, that CITY wstaiM as a result.Of default by
. DESIGNfBUJLD FIRM under th~ Contract; and .
1.
. .
.--....--,-.-.-
J
mo NO: ~~~:lfO'
))....'l'E~ O-ittilo3
crrr Ol"MrAM1~~cn
Pl>'
,
Bond No. 13009593
-J
FORMOF PERFORMANCE BOND
.j
(Continued)
3. Performs the guarantee of all work and materials fumished under the Contract for
the time specified in the Contract; then 11-IIS BOND IS VOID, OTHERWISE IT
-REMAINS IN FULL FORCE AND EFFECT.
Whenever DESIGN/BUILD FIRM shall be. and declared by CllY to be, In default
under the Contract. CllY having perfonried CllY obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance wit!) the terms and conditions of the
Contrad and aid Package; or
-- 3.2. Obtain a bid or bids for completing the Project In accordance with the
tenns and conditions of _the Contract and Bid Package, and upon
_ detemination by Surety of the lowest responsible Bidder, or, if CllY
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 e<>mpletion arranged under this paragraph) sufficient funds
to pay the cost or completion less the balance of the Contract Price; .but
not exceeding, indu~ing other costs and damages for which the Surety
may be liable hereunder, the amount set forth In the first paragraph
hereof. The tenn ~ba'ance of the Contract Price," as used In this
paragraph, . shaU mean the total amount payable by CITY to
DESIGN/BUILD FIRM under the Contract and any amendments thereto,
less the amount properly paid by CllY \0 DESIGN/BUILD FIRM.
No right of action shall accrue on this bond to or for'the use of any person or
corporation other than CllY named herein.
The Surely hereby waives notice of and agrees that any ohanges in or under the
Contrnct and Bid Package and Compliance or noncomptlance with any formanties
connected With -the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this 4th day of Jiarch
I 20!UL..--
.J
11m NO: t:l:-&UD:1 -
DA 7E: 04/2.3103
an' OF MlAMI l3-I:ACH
100
')
Bond No. 13009593
FORM OF PERFORMANCE BOND .
-
WITNESSES:
~----.~\-
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
)
'\
.'
JlID NO: 21-0%/0'
DATt: 04/Z.3'03
(Continued)
DESIGNLaUlLD FIRM
~
LJ:~ Inc.
Of Corporation)
(Signature)
By:.
l2e:u in M 1At.li.cn:. ,~/d&1+-
(Print Name and Title)
INSURANCE COMPANY:
By:
Add~:3000 Town Center, Ste. 3000
{Street)
Southfie d, MI 48075
. (CtlylStateJZip Code)
Telephone No.: . 248 936-5122
Counter Signature
William L. Parker
1001 Brickell Bay
Miami, FL 33101
(303) 372-9950
By: vJ Jiw...- L. ~ (U.L--
Signature of Resident Florida Agent
ClTI:' OF l\-II~1\rl Bl:ACH
lOl
~)
00720~ FORM OF PAYMENT BOND
Bond No.. 13009593
BY THIS BOND,' We . lie-Man International, Inc. ' . as
Principal, hereinafter called DESIGN/BUILD FIRM. and
, Liberty Mutual Insurance Company as Surety, are bound to 1he City of Miami
Beach, Florida, as Obfigee. hereinafter caned OIlY, in the amount of
:IWth't~~"'"li: huadml'foarthOU$aadrourlluadred aad twenty ahlt DoII3rs ($ ,~J,.i,i04,429.) for the payment
. whereof DESIGN/BUILD FIRM and Surety bind themselves, their heirs, executors,
administrators, successors and ass1gns, jointly and s~erally.
WHEREAS, DESIGN18UILD ARM has by written agree~ent entered into a
Contract.SkuContract No.: 2.Z-02./n3, awarded ihe 14th day of
January I 20..,QL. with CllY which Contract and Bid Package are by
reference incorporated herein and m~de a' part hereof.. and specifically indude provision
for liquidated damages, and other damages identified. and'for the purposes of this Bond
are hereaner referred to as the "Contracr';
j
THE CONDITION OF THIS BOND is that if DESIGN/BUIW FIRM:
1. Pays' OIlY all losses. liquidated damages. expenses, costs and attorney's fees
includlng appellate proceedings. that CI1Y sustains because of default by
DESIGN/BUILD FIRM under~ Conlract; and
2. Promptly makes payments to ell Cifaimants as defined by Aorida StaMe
, 255.05(1) for an labor, materials and supplies used directly or indirectly by
DESIGN/8UILD FIRMin the performMce of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER. TO
THE FOLLOWING CONDITIONS:
2;1. A c1atmar:tt, except a laborer, who is not in privity with DESIGN/6UILO
FIRM and who has not received payment for its labor, materials, or
supplies shall, within forty.flV~ (45) days after beginning to furnish labor,
materials, or supplies. for the prosecution of the work, furnish to
DESIGN/BUILO ~IRM a notice that he intends to 1001< to the bond for
protection.
)
lUll ~o: n~2fo:J
DATEi 04~103
CITY OF lI11AMI BE....CH
.1.01.
,
'W)
')
IN THE PRESENCE OF:
I
.J
BID }:l0: U-(lVO~
DA'Tl:: 04/%.3103
(~[) ~
. Bond No. 13009593
INSURANCE COMPANY:
Liberty Mutual Insurance Company
Arlene Touzi
By. ,Adv-4~
~ent and Attorney-In-Fact .
Address: 3000 Town Center, Ste. 3000
rStreet}
Southfield. MI 48075
(City/StatelZip Code)
Telephone No.: 248 936-5322
Counter Signature
William L. Parker
1001 Brickell Bay
Miami, FL 33101
(303) 372-9950
By:W~L.~~
Signature of Resident Florida Agent
CITY 01' MIA.MI BtACB
10..