HomeMy WebLinkAboutArchiteknics, Inc. Normandy Shores Restroom Building Agreement
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AGREEMENTBE~EEN
CITY OF MIAMI BEACH
AND
ARCHITEKNICS, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
NORMANDY SHORES GOLF COURSE RESTROOM BUILDINGS(2)
JULY 2006
Nonnandy Shores Clubhouse and Ancillary Facilities
July, 2006
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City Project Coordinator
1.8 Basic Services
1.9 The Project
1.9.1 The Project Cost
1.9.2 The Project Scope
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Contract Amendment
1.17 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Scope of Services
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2
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3
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4
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5
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ARTICLE 2.
2.1
2.2
2.3
2.4
2.5
2.6
BASIC SERVICES
Design Services
Bidding and Award Services
Construction Phase Services
Additional Services
Responsibility for Claims and Liabilities
Time
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6
6
7
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5. ADDITIONAL SERVICES
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14
15
ARTICLE 6. REIMBURSABLE EXPENSES
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ARTICLE 7. COMPENSATION FOR SERVICES
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination for lack of Funds
10.2 Termination for Cause
10.3 Termination for Convenience
10.4 Termination by Consultant
10.5 Implementation of Termination
10.6 Non-Solicitation
ARTICLE 11. INSURANCE
ARTICLE 12. INDEMNIFICATION
ARTICLE 13. VENUE
ARTICLE 14. LIMITATION OF LIABILITY
ARTICLE 15. MISCELLANEOUS PROVISIONS
ARTICLE 16. NOTICE
SCHEDULES:
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
SCOPE OF SERVICES
CONSULTANT COMPENSATION
HOURLY BILLING RATE
PROJECT SCHEDULE
PRE-CONSTRUCTION SERVICES AGREEMENT
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
INSURANCE AND SWORN AFFADAVITS
BEST VALUE AMENDMENT
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
ARCHITEKNICS, INC.
FOR PROFESSIONAL
ARCHITECTURE AND ENGINEERING (AlE) SERVICES
FOR THE
NORMANDY SHORES GOLF COURSE TWO(2) RESTROOM BUILDINGS
This Agreement made and entered into this I;. tday of _July_, 2006, by and between the CITY OF
MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to
as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
ARCHITEKNICS, INC., a Florida corporation having its principal office at 7450 SW 48TH Street, Miami, Florida
33155 (hereinafter referred to as Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in this Agreement and the attached Schedule "A", and wishes to engage the Consultant
to provide architecture and interior design, landscape architecture, and/or engineering services for the Project
at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of architectural and interior
design, landscape architectural, and/or engineering and related professional services relative to the Project,
as hereinafter set forth; and
WHEREAS, the City intends to contract with Coastal Construction Company (CM) for construction
management at risk services to provide pre-construction services for the Project (Pre-Construction Services
Agreement), ending up in the execution of a Guaranteed Maximum Price Contract for Construction for each
phase of the Project (the Contract for Construction may also be referred to herein as the GMP Amendment).
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NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139.
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the
City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City.
The City Manager shall be construed to include any duly authorized designees, including the Project
Coordinator and shall serve as the City's representative to whom administrative requests for approvals
shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the
City Commission) to the Consultant.
1.4 PROPOSAL DOCUMENTS: (Intentionally Omitted)
1.5 CONSULTANT: The "Consultant" is herein defined as Architeknics, Inc., a Florida corporation
having its principal offices at 7450 SW 48 Street, Miami, Florida 33155. When the term "Consultant" is
used in this Agreement it shall be deemed to include any sub-consultants and any other person or
entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant
pursuant to this Agreement and the Project shall be subject to prior written approval of the City. The
following subconsultants are hereby approved by the City for the Project:
Electrical Engineer: Basulto & Associates
Mechanical Engineer: Basulto & Associates
Structural Engineer: CSA Group
Civil Engineer: CSA Group
Interior Design: Newell Design, Inc.
Kitchen Consultant: Inman Foodservices Group. LLC
Landscape Architect: Laura Llerena & Associates
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the
City Manager who shall be the City's authorized representative to coordinate, direct, and review on
behalf of the City, all matters related to the Project, except as otherwise provided herein.
1.8 BASIC SERVICES: "Basic Services" shall include the architectural and interior design, landscape
architectural, and/or engineering and related professional services relative to the Project, as hereinafter
set forth, including: planning, design, bidding/award, and construction administration for the Project, as
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described in Article 2 herein and in Schedule "A" entitled "Scope of Services" attached hereto.
1.9 PROJECT: The "Project" shall mean the City Capital Project that has been approved by the City
Commission and as described in Schedule "A" attached hereto.
1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total cost of
the Project to the City including: Construction Cost, professional compensation, land cost, if any,
financing cost, materials testing services, surveys, contingencies and other miscellaneous costs.
1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in
Schedule A attached hereto.
1.10 CONSTRUCTION COST: The "Construction Cosf' for the Project shall mean the sum which is
the total cost or estimated cost to the City of all elements of the Project designed or specified by the
Consultant and approved by the City, including, at current market rates (with a reasonable allowance
for overhead and profit), the cost of labor and materials and any equipment which has been designed,
specified, selected or specifically provided for by the Consultant and approved by the City, and
including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the
construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of
historic buildings, and not including the compensation of the Consultant and any subconsultants, the
cost of land, rights-of-way, surveys, testing, or other reimbursable expenses. For Work not constructed,
the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and
accepted from a responsible bidder or proposer for any and all of such Work.
1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount
budgeted by the City for Construction Cost, as specified in the Project Scope in Schedule "A" attached
hereto.
1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST:The "Statement of Probable
Construction Cosf shall mean a forecast of Construction Cost prepared by the Consultant, as defined in
attached Schedule "A" entitled "Scope of Services", for the guidance of the City. For Work which bids or
proposals have not been let, the Construction Cost shall be the same as the latest Statement of
Probable Construction Cost. The City shall have the right to verify the Statement of Probable
Construction Cost or detailed cost estimate by the Consultant.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible
force occasioned by violence in nature without the interference of human agency such as hurricanes,
tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in
Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement
and having a substantial impact on the Project; other causes beyond the parties' control; or by any
other such causes which the Consultant and the City decide in writing justify the delay; provided,
however, that market conditions, labor conditions, construction industry price trends and similar matters
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which normally impact on the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR I CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or
entities responsible for performing the Work or providing the materials, supplies and equipment
identified in the Bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement; the Pre-
Construction Services Agreement between the City and Coastal Construction Company dated July_
, 2006; the Agreement between City and Contractor; Contract for Construction; Conditions of the
Contract for Construction (General, Supplementary, and other Conditions); Construction Documents;
and addenda issued prior to execution of the Contract for Construction. A modification is one of the
following: (1) written amendment to this Agreement or the Contract for Construction signed by both
parties; (2) an approved Change Order; (3) a Construction Change Directive; or (4) a written order for
a minor change in the Work issued by the Consultant.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a legally binding
agreement with Contractors.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.2
and Schedule "A" attached hereto.
1.16 CONTRACT AMENDMENT: "Contract Amendmenr shall mean the written order to the
Consultant approved by the City, as specified in this Agreement, and signed by the City's duly
authorized representative, authorizing a change in the Project or the method and manner of
performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract
Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars
($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) or less in
amount (or other such amount as may be specified by the City of Miami Beach Procurement
Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand
($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City
Commission for the approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article
5 herein, which have been duly authorized in writing by the City Manager prior to commencement of
same.
1.18 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant
to the applicable Documents, whether completed or partially completed, and includes labor and
materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its
obligations.
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1.19 SERVICES: "Services" shall mean the services to be performed on the Project by the
Consultant pursuant to this Agreement, whether completed or partially completed, and includes other
labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its
obligations herein.
1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant and approved by the City as being within the Construction Cost
Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid"
shall not include "Additive Alternates" or "Deductive Altemates".
1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and
referred to as follows:
Schedule A - Scope of Services.
Schedule B- Consultant Compensation: The schedule of compensation to the Consultant for Basic
Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by
the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the
Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule.
Schedule E - Pre-Construction Services Agreement with Coastal Construction Company.
Schedule F - General Conditions of the Construction Contract.
Schedule G -Insurance and Sworn Affadavits.
Schedule H - Best Value Amendment.
1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in
Schedule "A", together with the Basic Services and any Additional Services approved by the City, as
described in Articles 2 and 5, respectively herein.
1.23 Construction Manager (CM): "Construction Manager" or "CM" is herein defined as Coastal
Construction of Monroe, Inc., d/b/a Coastal Construction Company, a Florida Corporation whose
address is 5959 Blue Lagoon Drive, Suite 200, Miami Florida, 33126. The City has contracted with the
CM pursuant to that certain Pre-Construction Services Agreement, dated July 2006, and
attached as Schedule "E" hereto to provide construction management at risk services to the City,
culminating in the execution of a Guaranteed Maximum Price(GMP) Contract for Construction.
ARTICLE 2. BASIC SERVICES
The Consultant shall provide Basic Services for the Project as set forth hereafter. The Services fore
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this Project will be performed by the Consultant upon receipt of a written Notice to Proceed issued by
the City Manager, or his designee, and Consultant shall countersign the Notice to Proceed. A
separate Notice to Proceed shall be reQuired for commencement of each Task. as defined in
attached Schedule "A" entitled "Scope of Services".
The Consultant's Basic Services shall consist of five Tasks (inclusive of design, bidding/award,
construction administration and additional services) as described in attached Schedule A "Scope of
Services, and including, without limitation, any and all of CONSULTANT's responsibilities and
obligations, as set forth in the attached Pre-Construction Services Agreement (Schedule E) and the
General Conditions of the Construction Contract (Schedule F).
The Consultant shall coordinate with subconsultants and other consultants, and conform to all
applicable building codes and regulations. Consultant, as it relates to its Services, represents and
warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the
jurisdictions in which the Project is located, including, local ordinances and codes (City of Miami Beach
and Miami-Dade County), Florida Statutes, Administrative rules and regulations including, Federal
laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and
regulations now in effect, and as may be amended or adopted at any time, and shall further take into
account all known pending changes to the foregoing, of which it should reasonably be aware. The
Consultant shall insert the provisions of all required laws, codes rules and regulations into the Contract
Documents.
The Consultant expressly agrees that all of its duties, services and responsibilities under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of projects of this nature in South Florida. In addition, Consultant represents that it is
experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is
properly licensed pursuant to the applicable laws, rules and regulations to perform such Services.
Consultant warrants that it shall be responsible for the technical accuracy of its work, including without
limitation the Design Documents contemplated in section 2.1 below and the attached Schedule "A".
2.1 DESIGN SERVICES:
Consultant sh~1I prepare Design Documents, as noted in attached Schedule "N (Task 1) entitled
"Scope of Services".
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2.2 BIDDING AND AWARD SERVICES:
Consultant shall provide bidding and award services as noted in attached Schedule "AD (Task 2)
entitled "Scope of Services".
2.3 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration services as noted in attached Schedule "AD
(Task 3) entitled "Scope of Services".
2.4 ADDITIONAL SERVICES:
If required and so approved by the City, Consultant shall provide Additional Services as noted in
attached Schedule "A" (Task 4) entitled "Scope of Services".
2.5 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor
be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors,
agents and consultants for the accuracy and competency of their designs, working drawings,
specifications or other documents and services; nor shall such approval be deemed to be an
assumption of such responsibility by the City for a defect, error or omission in designs, working
drawings, specifications or other documents prepared by the Consultant, its employees,
subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely
upon the accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2.6 TIME: It is understood that time is of the essence in the completion of this Project, and in this
respect the parties agree as follows:
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2.6.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of
professional skill and care required by this Agreement and the orderly progress of the Work.
2.6.2 The parties agree that the Consultant's Services during all phases of this Project will be
performed in a manner that shall cdnform with the approved Project Schedule, which is attached to
this Agreement as Schedule "D". The Consultant may submit requests for an adjustment to the
Project Schedule, made necessary by undue time taken by the City to approve the Consultanfs
submissions, and/or excessive time taken by the City to approve the Services or parts of the Services.
The City shall not unreasonably refuse to approve such adjustment(s) to the Project Schedule if the
request is made in a timely manner and is fully justified.
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2.6.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to
maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the
CM and/or the Contractor(s). and others that have been contracted to perform Services and! or Work
pertaining to the Project. While the Services to be provided by Consultant under this Agreement will be
provided under the general direction of the City's Program Coordinator, it is the intent of this
Agreement to allow the Consultant to coordinate the performance of all design and construction
administration to the extent such coordination by the Consultant is permitted by the contracts for the
design and construction administration.
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2.6.4 It is further the intent of this Agreement that the Consultant shall perform its duties under
this Agreement in a competent, timely and professional manner and that it shall be responsible to the
City for any failure in its performance except to the extent that acts or omissions by the City or others
make such performance impossible.
2.6.5 Whenever during the term of this Agreement, others are required to verify, review, or
consider any work performed by Consultant, including but not limited to the design professionals.
Contractors, and other consultants retained by the City, the intent of such requirement is to enable the
Consultant to receive input from others' professional expertise to identify any discrepancies, errors or
omissions that are inconsistent with industry standards for design or construction of comparable public
projects; or which are inconsistent with applicable laws, codes, ordinances, and regulations; or which
are inconsistent with standards or decisions provided in writing by the City's Project Coordinator.
Consultant will use reasonable care and skill in accordance with and consistent with customary
professional standards in responding to items identified as discrepancies, errors and omissions by
others. Consultant shall receive comments from reviewers via a set of marked-up drawings and
specifications. Consultant shall address comments forwarded to it in a timely manner. The term
"timely" shall be construed to mean as soon as possible under the circumstances, taking into account
the requirements of the Project Schedule.
2.6.6 The City shall have the right at any time, and in its sole and absolute discretion, to submit
for review to consulting engineers or consulting architects or other consultants, engaged by the City at
its own expense for that purpose, any or all parts of the services performed by the Consultant, and the
Consultant shall cooperate fully in such review at the City's request.
2.6.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared by
Consultant. Said certifications shall be in a form and manner as approved by the City's Project
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Coordinator.
2.6.8 Consultant represents to City that all evaluations of the City's Project Budget, Consultant
generated Statement of Probable Construction Cost, and detailed estimates represent Consultant's
best judgment as a design professional familiar with the construction industry. Consultant cannot and
does not guarantee that bids or negotiated prices will not vary from any estimate of Construction Cost
or evaluation prepared or agreed to by Consultant.
2.6.9 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of authorization, or
other form of legal entitlement to practice such services, it shall employ and/or retain only qualified
personnel to provide such services.
2.6.10 Consultant agrees to employ and designate in writing, within five (5) calendar days after
receiving its initial Notice to Proceed, a qualified licensed professional to serve as the Consultant's
project manager (herein after referred to as "Project Manager"). The Project Manager shall be
authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of Services to be provided and performed under this Agreement. The person
selected by Consultant to serve as Project Manager shall be subject to approval and acceptance by
City. Replacement (including reassignment) of said Project Manager shall not be made without the
prior written approval of the City.
2.6.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do
such from City, to promptly remove and replace Project Manager, or any other personnel employed or
retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request
may be made by City with or without stating its cause.
2.6.12 Consultant herein represents to City that it has expertise in the type of professional
services that will be performed and pursuant to this Agreement. Consultant agrees that all Services to
be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval
and shall be in accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with applicable published laws, statutes, ordinances, codes. rules,
regulations and requirements of any governmental agencies having jurisdiction over the Project or the
Services to be performed by Consultant hereunder. In the event of any conflicts in these requirements,
Consultant shall notify City of such conflict and utilize its best professional judgment to advise City
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regarding resolution of each such conflict.
2.6.13 Consultant agrees not to divulge, furnish or make available to any third person, firm or
organization, without City's prior written consent, or unless incident to the proper performance of
Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such
information has been properly subpoenaed, any non-public information concerning Services to be
rendered by Consultant hereunder, and Consultant shall require its employees, agents, subconsultants
and subcontractors to comply with the provisions of this paragraph.
2.6.14 The City and Consultant acknowledge that the Scope of Services does not delineate every
detail and minor work task required to be performed by Consultant to complete the Project. If, during
the course of the performance of the Services contemplated in this Agreement, Consultant determines
that work should be performed to complete the Project which is, in the Consultant's opinion, outside
the level of effort originally anticipated, whether or not the Scope of Services identifies the work items,
Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain said Project
Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply
with Contract Amendment processing requirements as outlined in Article 1.16, prior to issuance of any
written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with
additional Services without notifying and obtaining the consent of the Project Coordinator, said work
shall be deemed to be within the original level of effort, and deemed included as a Basic Service
herein, whether or not specifically addressed in the Scope of Services. Notice to the Project
Coordinator does not constitute authorization or approval by the City to perform the work.
Performance of work by Consultant outside the originally anticipated level of effort without the prior
written consent of the City shall be at Consultant's sole risk.
2.6.15 Consultant shall establish and maintain files of documents, letters, reports, plans, etc.
pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence
for City to file in its filing system. In addition, Consultant shall provide electronic Project document files
to the City, at the completion of the Project.
2.6.16 It is further the intent of this Agreement that the Consultant shall perform its duties under
this Agreement in a competent, timely and professional manner and that it shall be responsible to the
City for any failure in its performance except to the extent that acts or omissions by the City or others
make such performance impossible.
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2.6.17 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other governmental authorities having jurisdiction over the
Project, or such delays which are caused by factors outside the control of Consultant, Consultant shall
provide City with immediate written notice stating the reason for such delay and a revised anticipated
schedule of completion. City, upon review of Consultant's submittal and such other documentation as
the City may require, may grant a reasonable extension of time for completion of the Project and may
provide reasonable compensation, if appropriate.
2.6.18 The Consultant covenants with the City to furnish its Services hereunder properly, in
accordance with the standards of its profession and in conformance with applicable construction,
building and health codes and other applicable Federal, State and local rules, regulations and laws, of
which it should reasonably be aware, throughout the term of this Agreement. The City's participation in
the design and construction of the Project in no way relieves the Consultant of its professional duties
and responsibilities under applicable law and under the Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with
respect to the services to be rendered under this Agreement (herein after referred to as Project
Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information,
interpret and define City policies and decisions with respect to Consultant's Services on this Project.
However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions
to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing
in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance
with Article 1.16 requirements, including but not limited to the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such Services; or
c) The amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all information that the City
has available pertinent to the Project, including previous reports and any other data relative to design
or construction of the Project. It shall be fully understood that City, in making such reports, site
information, and documents available to the Consultant is in no way certifying representing and/or
warranting as to the accuracy or completeness of such data. Any conclusions or assumptions drawn
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through examination thereof shall be the sole responsibility of the Consultant and subject to whatever
measure it deems necessary to final verification essential to its performance under this Agreement.
Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City
may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall
notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's
written consent, before proceeding with the work. If Consultant proceeds with the Additional Services
without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to
be within the original level of effort and deemed included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in Schedule A.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling
services as may be required at any time for the Project, including such auditing services as the City
may require to verify the Consultant's applications for payment or to ascertain that Consultant has
properly remitted payment due to sub consultants or vendors working on this Project for which
Consultant has received payment from the City.
3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-
conformance with the Contract Documents, the City shall give prompt written notice thereof to the
Consultant.
3.6 The City shall furnish required information and services and render approvals and decisions in
writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services
and of the Work. No approvals required by the City during the various phases of the Project shall be
unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or
reject any proposed submissions of Consultant for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following actions or
conduct by passage of an enabling resolution or amendment to this Agreement.
3.7.1 The City Commission shall be the body to consider, comment upon, or approve any
amendments or modifications to this Agreement, except when noted otherwise (Le., where delegated
to the City Manager or his designee) in this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment,
sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made
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July, 2006
pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of
the stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of an
appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment
to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision of the City Manager's
appointed designee(s), upon the Consultant's written request, in which case the Commission's
decision shall be final.
3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum
of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of
Miami Beach Procurement Ordinance, as amended).
3.8 The City Manager or his designee(s) shall serve as the City's representative to whom
administrative requests for approvals shall be made and who shall issue authorizations (exclusive of
those authorizations reserved to the City Commission) to the Consultant. These authorizations shall
include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans,
reports, estimates, contracts and other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to
this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to
render administrative decisions promptly to avoid unreasonable delay in the progress of the
Consultant's Services. The City Manager, in his administrative discretion, may consult with the City
Commission concerning disputes or matters arising under this Agreement regardless of whether such
matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to
reallocate monies already budgeted toward payment of the Consultant, provided, however, that the
Consultant's compensation or other budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the City authorized to
issue a Notice to Proceed, as referenced in Article 2 and the attached Schedule "A" entitled "Scope of
Services" .
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Nonnandy Shores Clubhouse and Ancillary Facilities
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3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of
twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of
Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets
established herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of
or consult with persons for the purpose of receiving advice and recommendations relating to the
exercise of his powers, duties and responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule "A", shall not be
exceeded without fully justifiable, extraordinary and unforeseen circumstances, such as Force
Majeure, which is beyond the control of the parties. Any expenditure above this amount shall be
subject to prior City Commission approval by passage of an enabling resolution and amendments to
the appropriate agreements relative to the Project, prior to any modification of the Construction Cost.
Provided further, however, that even in the event of a Force Majeure, as defined in Article 1.11, the
City shall have no obligation to approve an increase in the Construction Cost Budget limitations
established herein, and, if such budget is exceeded, the City Commission may, at its sole option and
discretion, terminate this Agreement without any further liability to the City.
4.2 The City shall contract with Construction Manager(CM) to provide Pre-Construction Services for
the Project (Schedule E), leading up to the execution of a Guaranteed Maximum Price (GMP) Contract
for Construction (also referred to as the GMP Amendment) for each phase of the Project.
4.3 The City shall have the option of accepting or rejecting the GMP, as presented by the CM. Should
the GMP be accepted, an agreement reflecting that acceptance (GMP Amendment) will be executed,
and the Construction Cost increased by the GMP amount. Should the GMP not be accepted, the City
may at its option:
i) Reject the GMP and direct the Consultant, in coordination with the CM, to investigate,
redesign, and develop, for City approval, value engineering possibilities, and other cost
savings, and to re-submit a new, lesser, proposed GMP. This may, at the City's option,
include reduction in the Project scope. All services of Consultant in connection with
same shall be performed by Consultant at no additional cost to be City; or
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Nonnandy Shores Clubhouse and Ancillary Facilities
July, 2006
ii) Reject the GMP, take possession of the plans and specifications, and bid the work to a
general contractor or otherwise complete with other forces or take such action, if any,
that the City may determine is in its best interest.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services for this Project will only be performed by the Consultant following receipt of a
written authorization by the Project Coordinator prior to commencement of same. Such authorization
shall contain a description of the Additional Services required; an hourly fee, as provided in Schedule
"C" with an "Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended
Construction Cost Budget (if applicable); and an amended completion date for the Project (if any). "Not
to Exceed" shall mean the maximum cumulative hourly fees allowable, which the Consultant shall not
exceed without specific written authorization from the City. The "Not to Exceed" amount is not a
guaranteed maximum cost for the services requested by the City and all costs applied to such shall be
verifiable through time sheet and reimbursable expense reviews.
5.2 The term "Additional Services" includes services involving the Consultant or any subconsultants
whether previously retained for the Services or not or whether participating as members with
Consultant or not, subject to the City's right to previously approve any change in Consultants as set
forth in this Agreement.
5.3 Additional Services may consist of the following:
5.3.1 Serving as an expert witness in connection with any public hearing, arbitration proceeding or
legal proceeding unless such preparation has arisen from the failure of the Consultant to meet the
Standard of Care set forth in Article 2.
5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated at the City's request
and outside the scope of the Work specified in the Construction Documents, after commencement of
the construction phase.
5.3.3 Providing such other professional services to the City relative to the Project which arises
from subsequent circumstances and causes (excluding circumstances and causes resulting from error,
inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated
by the parties at the time of execution of this Agreement.
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Nonnandy Shores Clubhouse and Ancillary Facilities
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5.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise expressly provided for herein.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and are not in addition to the
compensation for Basic and Additional Services but include actual expenditures made by the
Consultant in the interest of the Project. The Reimbursable Expenses allowance as specified in
Schedule "B", belongs to the City and must be approved in advance by the City's Project Coordinator.
Unused portions will not be paid to the Consultant.
All Reimbursable Expenses pursuant to this Article, in excess of $500, must be authorized in advance
in writing by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be
submitted by the Consultant to the City, along with supporting receipts, and other back-up material
reasonably requested by the City, and Consultant shall certify as to each such invoice that the
amounts and items claimed as reimbursable are "true and correct and in accordance with the
Agreement" .
6.2 Expenses subject to reimbursement in accordance with the above procedures may include the
following:
6.2.1 Expense of reproduction, postage and handling of drawings, specifications and other
documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier
and postage between the Consultant and its sub-consultants are not reimbursable.
6.2.2 Expenses for reproduction and the preparation of graphics for community workshops
6.2.3 Expenses for fees for all necessary permits.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule
"B" for Basic Services, based on the "Hourly Rate Schedule" presented in Schedule "CR. Payments for
Basic Services shall be made within thirty (30) working days of receipt and approval of an acceptable
invoice by the City Project Coordinator. Payments shall be made in proportion to the Services
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Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
satisfactorily performed in each Phase so that the payments for Basic Services for each Phase shall
not exceed the progress percentage noted in the Consultant's Progress Schedule, submitted with
each invoice. No markup shall be allowed on subcontracted Basic Services.
The City and the Consultant agree that the Consultant's fee will be $30,000 and a reimbursable
expense allowance of $10,000 as detailed in Schedule "B", for the provision of Basic Services as
described in this Agreement and the Schedule "A", Scope of Services.
7.2 Additional Services authorized in accordance with Article 5 will be compensated using the hourly
rates forth in Schedule "C". Request for payment of Additional Services shall be included with the
monthly Basic Services payment request noted in Article 7.1 above.
All Additional Services must be approved by the Project Coordinator, in writing, prior to
commencement of same, as noted in Article 5. Under no circumstances shall the "Not to Exceed"
amount noted in Schedule "B be exceeded without prior written approval from the City Project
Coordinator. No markup shall be allowed on subcontracted Additional Services.
7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to Exceed" amount
noted in Schedule "B" " (approved at $25,000). Request for payment of Reimbursable Expenses shall
be included with the monthly Basic Services payment request noted in Article 7. Proper backup must
be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on
Reimbursable Expenses.
7.4 The City and the Consultant agree that:
7.4.1 If the scope of the Project or the Consultant's Services is changed substantially and
materially, the amount of compensation may be eqUitably adjusted by mutual agreement of the parties.
7.4.2 Commencing on October 1, 2007, the Hourly Billing Rate Schedule shown in Exhibit "C"
may be adjusted annually based upon the Miami - Fort Lauderdale Consumer Price Index issued by
the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by
multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate
Schedule to define the new Hourly Rate Schedule. The maximum increase will be limited to three
percent (3%).
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7.5 No retainage shall be made from the Consultant's compensation on account of sums withheld
from payments to Contractors.
7.6 Method of Billinc and Payment. With respect to all Services, Consultant shall submit billings on a
monthly basis in a timely manner. These billings shall identify the nature of the work perfonned; the
total hours of work performed by employee category and the respective hourly billing rate associated
with the employee category from the Hourly Rate Schedule. In the event subconsultant work. is
accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings
shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the
City is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for
such Reimbursable. When requested, Consultant shall provide backup for past and current invoices
that records hours for all Services by employee category and reimbursable by category.
7.7 The City shall pay Consultant within thirty (30) working days from receipt of Consultant's proper
statement.
7.8 Final payment of the Consultant upon Project completion must be approved by the Mayor and
City Commission.
ARTICLE 8. CONSUL TANT"S ACCOUNTING RECORDS
8.1 Consultant shall keep such records and accounts and require any and all Consultant and
subconsultants to keep such records and accounts as may be necessary in order to record complete
and correct entries as to personnel hours charged to the Project, and any expenses for which
Consultant expects to be reimbursed. All books and records relative to the Project 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 all work to be performed pursuant to this Agreement. Incomplete or incorrect
entries in such books and records will be grounds for City's disallowance of any fees or expenses
based upon such entries. All books and records which are considered public records shall, pursuant
to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings, estimates,
specifications, investigations and studies completed or partially completed, shall become the property
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of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the
above documents to the City within thirty (30) days of completion of the Project, or termination of this
Agreement, or termination or abandonment of the Project. (Reference attached Schedule "A", entitled
"Scope of Services" for additional requirements).
9.2 Any re-use of documents by City without written verification or adaptation by Consultant for the
specific purpose intended will be without liability to Consultant.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack Of Funds. The City is a governmental entity and is subject to the
appropriation of funds by its legislative body in an amount sufficient to allow continuation of its
performance in accordance with the terms and conditions of this Agreement. In the event there is a
lack of adequate funding for the Project, the Project may be abandoned or terminated, and the City
may cancel this Agreement as provided for herein without further liability to the City.
10.2 Termination For Cause. The City may terminate this Agreement for cause in the event that
the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2)
unreasonably delays the performance of the Services or does not perform the Services in a timely and
satisfactory manner, upon written notice to the Consultant In the case of termination by the City for
cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice
from the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option
and discretion, may take over the Services and complete them by contracting with another
consultant(s) or otherwise. In such event, the Consultant shall be liable to the City for any additional
cost incurred by the City due to such termination. "Additional Cost" is defined as the difference
between the actual cost of completion of such incomplete Services, and the cost of completion of such
Services which would have resulted from payments to the Consultant hereunder had the Agreement
not been terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the
City prior to receipt of a Notice of Termination, shall be made in accordance with Article 7 herein and
the City shall have no further liability for compensation, expenses or fees to the Consultant, except as
set forth in Article 7.
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10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and
submit to the City, as provided herein or as required in the written notice, all documents, including
drawings, calculations, specifications, correspondence, and all other relevant materials affected by
such termination.
10.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for
Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided
above.
10.3 Termination For Convenience. The City, in addition to the rights and options to Terminate for
Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to
terminate this Agreement, at its sole option, at any time, for convenience, without cause and without
penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon
notice to Consultant, in writing, fourteen (14) days prior to termination. In the event City terminates
Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the assembly and
submittal to the City of documents for the Services performed, in accordance with Article 7 herein, and
the City shall have no further liability for compensation, expenses or fees to the Consultant, except as
set forth in Artide 7.
10.4 Termination By Consultant. The Consultant may only terminate this Agreement for cause in the
event that the City willfully violates any provisions of this Agreement or unreasonably delays payment
for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event,
payment for Services satisfactorily performed by the Consultant and accepted by the City prior to
receipt of a Notice of Termination shall be made in accordance with Article 7 herein. In the case of
termination by Consultant for cause, the City shall be granted a thirty {30} day cure period after receipt
of written notice from the Consultant.
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the
Consultant.
10.5 Imolementation of Termination. In the event of termination, either for cause or for
convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop the performance
of Services under this Agreement on the date and to the extent specified in the Notice of Termination;
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July, 2006
(2) place no further orders or subcontracts except for any that may be authorized, in writing, by the
Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent
that they relate to the performance of the Services terminated by the Notice of Termination; (4)
promptly assemble and submit, as provided herein, all documents for the Services performed,
including drawings, calculations, specifications, correspondence, and all other relevant materials
affected by the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, and as speCifically set forth therein.
10.6 Non Solicitation. The Consultant warrants that it has not employed or retained any
company or person, other than an employee working solely for the Consultant, to solicit or secure this
Agreement; and that it has not paid, nor agreed to pay any company or other person any fee,
commission, gift or other consideration contingent upon the execution of this Agreement. For breach
or violation of this warranty, the City has the right to terminate this Agreement without liability to the
Consultant for any reason whatsoever.
ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the insurance
requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence
with work on this Project until satisfactory proof of the following insurance coverage has been
furnished to the City. The Consultant will maintain in effect the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million ($1,OOO,OOO.00) Dollars per
occurrence, with a maximum deductible of $150,000 per occurrence, $450,000 aggregate. Consultant
shall notify City in writing within thirty (30) days of any claims filed or made against the Professional
Liability Insurance Policy.
(b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily
Injury and Property Damage coverage for each occurrence, which will include products, completed
operations, and contractual liability coverage. The City must be named as an additional insured on
this policy.
(c) Worker's compensation and employer's liability coverage within the statutory limits of the State of
Florida.
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial
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modifications in the insurance coverage, to the Project Coordinator.
11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its
equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance
companies duly authorized to do business in the State of Florida and countersigned by the company's
Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies
required above. City reserves the right to require a certified copy of such policies upon request. All
certificates and endorsements required herein shall state that the City shall be given thirty (30) days
notice prior to expiration or cancellation of the policy.
ARTICLE 12. INDEMNIFICATION
Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and
other persons employed or utilized by the Consultant in the performance of the Agreement. This
Article 12, and Consultant's indemnification contained herein, shall survive the termination and
expiration of the Agreement.
ARTICLE 13. VENUE
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein. Exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal
court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT 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, THIS AGREEMENT.
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ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services
agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of the
fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually
paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement in an amount in excess of the amount of fee under any this Agreement,
which amount shall be reduced by the amount actually paid by the City to Consultant for any action or
claim for breach of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set
forth in Section 768.28, Florida Statutes.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govern this Agreement.
15.2 Eaual Oooortunitv Emolovment Goals: Consultant agrees that it will not discriminate against
any employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to
ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race, color, religion,
sex, age, national origin, or disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and
selection for training, including apprenticeships. Consultant agrees to furnish City with a copy of its
Affirmative Action Policy.
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15.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133,
Florida Statutes), a person or affiliate who is a consultant, 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 bids or leases of real property to the City, may not
be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a
contract with the City, and may not transact business with the City in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the
date of being placed on the convicted vendor list. Violation of this Section by Consultant shall result in
cancellation and may result in Consultants debarment.
15.4 No Continaent Fee: Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, 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 Consultant 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.
15.5 The Consultant represents that it has made and will make reasonable investigation of all sub-
consultants to be utilized in the performance of work under this Agreement to determine that they
possess the skill, knowledge and experience necessary to enable them to perform the services
required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for
the performance of the work under this Agreement.
15.6 The Consultant, its consultants, agents and employees and sub contractors, shall comply with
all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of
Miami Beach, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies as they relate to this Project.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered by Consultant, under any circumstances, without the prior written consent of City.
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Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
15.8 This document incorporates and includes 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 this document. Accordingly, the parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Tim Hemstreet
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Jorge Chartrand
Capital Improvement Projects Director
Capital Improvement Project Office
City of Miami Beach
1701 Meridian Avenue, Suite 201
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Lourdes Rodriguez, AlA
Architeknics, Inc.
7450 Southwest 481h Street
Miami, Florida, 33155
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail,
return receipt requested.
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Nonnandy Shores Clubhouse and Ancillary Facilities
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in
their names by their duly authorized officers and principals, attested by their respective witnesses and
City Clerk on the day and year first hereinabove written.
Attest
~~tLt~ P CIA dw-
MAYOR
David Dermer
CITY CLERK
Robert Parcher
~u;zecre ~_~
CONSULTANT
ARCHITEKNICS, INC.
~~J~Jk
Print Name
Print Name
APPROVED AS TO
FORM & ANGUAGe
& FO ECUTION
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Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BE~EEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
SCOPE OF SERVICES
Please refer to attached Schedule.
27
SCHEDULE A
CITY OF MIAMI BEACH, FLORIDA
NORMANDY SHORES GOLF COURSE TWO (2}RESTROOM BUILDINGS
SCOPE OF AlE CONSULTANT SERVICES
CONSULTANT: ARCHITEKNICS INC'J
BACKGROUND
The City of Miami Beach (City) has developed its multi-million dollar, multi-year "Planned
Progress" Capital Improvement Program to rebuild the City's existing roads,
infrastructure, utilities, parks and facilities, and to build new capital Projects where they
are needed. The Program will dramatically improve the quality of life of the City's
residents and complement the enormous amount of private reinvestment that has taken
place in the City. For the park and facilities projects included in the Planned Progress
Program (including the Project described herein), the City will assign a Senior Capital
Project Coordinator, who will function as the City, and act as the City's agent with regard
to all aspects of this scope of services.
The City will contract with a Construction Manager at Risk firm (CM) to provide Pre-
Construction Services for this Project, leading up to the execution of a Guaranteed
Maximum Price (GMP) Contract for Construction (also referred to as the GMP
Amendment(s)) for each phase of the Project. The Consultant is required to coordinate
all aspects of the design, schedule, bid and award phase, negotiation of the GMP and
construction activities with the CM. The Consultant will be required to work with the CM
as a team in order to evaluate the best approach to the design and construction of this
Project in regards to time, cost and quality of the Project given the parameters
established by the City. The CM Pre-Construction Services Agreement is attached as
Schedule "En, and by executing this Agreement the Consultant acknowledges said Pre-
Construction Services Agreement, and the anticipated level of coordination required by
the Consultant.
In order for the Normandy Shores Golf Course to be operational for the Winter of 2007
the ancillary facilities (clubhouse, cart barn, maintenance building and restroom
buildings) of the Golf Course need to be designed, permitted and built to coincide with
the completion of the renovation. In particular, the Golf Course maintenance facility is
essential to the proper maintenance of the Golf Course by the City's Parks and
Recreation Department. CIP staff recommended that the most advantageous Project
1
delivery method to accomplish the successful completion of the Golf Course facilities in
an expedited manner would be to simultaneously retain the services of a CONSULTANT
and a Construction Manager at Risk Contractor (CM), who would work as a team to
provide the City with the most economical and practical implementation of the Project.
Part of the Team's task would be to make recommendations concerning the availability
of construction materials, and the impact it may have on the design and the building
type that can be delivered in today's market within the time constraints required.
Given the need to make the facilities available at the time that the Golf Course
Renovations Project is completed, CIP recommended that the Mayor and City
Commission waive the competitive selection process for an Architectural I Engineering
firm, pursuant to Section 2-367(e) of the City Code and Section 287.055(3) (a) of the
Florida Statutes. The waiver was approved at the Commission Meeting of May 10, 2006
and the City Commission executed Resolution No. 2006-26198, authorizing execution
of this Agreement with the CONSULTANT.
PROJECT SCOPE
This Project scope is limited to the Two (2) new Restroom Buildings at the Normandy
Shores Golf Course which include the following:
1. The demolition of the existing Two (2) Restroom Bui/dings and a Concession
Stand and the construction of Two (2) new Restroom Buildings at approximately
the same locations.
The ancillary facilities at the Normandy Shores Golf Course are the facilities which are
required to properly maintain and operate the Normandy Shores Golf Course. The Golf
Course is bounded by North Shore Drive, Biarritz Drive, Fairway Drive and private
properties on the southern boundary of the golf course. The Normandy Shores
Restroom Buildings are one of the ancillary facilities located within the boundaries of the
Golf Course at the address listed above. The Project consists of all the necessary
architectural, engineering, and landscape architecture services to demolish and
construct the Normandy Shores Two (2) Restroom Buildings as listed above.
The City anticipates that the Project will be phased, and each phase will be permitted
separately, each having its own set of design and construction documents as well as its
own GMP Amendment. The total phased design documents and GMP Amendment(s)
will comprise the entire Project. The City anticipates the following Phases for the Project:
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Construction Phase:
Phase One: Demolition of Two Restrooms and Concession Stand / GMP
Amendment Number One.
Phase Two: Construction of Two Restrooms Buildings I GMP Amendment Number
Two.
The final phasing plan of the Project will be determined by the CM, CONSULTANT and
City jointly. The above phasing plan may be different from the plan agreed upon by the
CONSULTANT, CM, and the City. Further, since time is of the essence, the Consultant
and CM will be expected to work on various if not all phases of the Project
simultaneously and as necessitated by the Project Schedule. Said Project Schedule is
governed by the schedule of the renovation of the Normandy Shores Golf Course
Project, (under a separate construction contract with the City) and the operational needs
of the City's Parks and Recreation Department.
Total construction costs budgeted for the Project are approximately $250,000 the
funding for which will be provided primarily from G.O. Bond, Gulf Breeze Fund and other
funding sources, that shall be determined.
The following Scope of Services refers the CONSULTANT to Design (Task 1), Bidding
and Award (Task 2), Construction Administration Services (Task 3), Additional Services
(Task 4) and Reimbursable Expenses (TaSk 5) as identified below:
TASK 1 -DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of Construction
Documents for the Project. Note that Task 1.1 requires that CONSULTANT perform a
variety of forensic tasks to verify, to the extent practicable, existing conditions and the
accuracy of base maps to be used for development of the contract drawings. Task 1.2
discusses requirements for the preparation of contract documents, inclusive of drawings,
specifications and front-end documents. Task 1.3 establishes requirements with regard
to constructability and value engineering reviews to be performed by others. Task 1.4
establishes requirements for the preparation of opinions of total probable cost by the
CONSULTANT. Task 1.5 specifies requirements for review of contract documents with
jurisdictional permitting agencies prior to finalization. Task 1.6 establishes requirements
for developing final (100%) contract documents. To facilitate the implementation of a
Public Information Program, CONSULTANT shall provide electronic files of all Project
documents, as requested by City. CONSULTANT shall provide the electronic files for
the front end documents, technical specifications, and .construction drawings.
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Task 1.1 . Fjeld Verification of Existina Conditions:
The City, in order to expedite the design phase of this Project has contracted with a
Certified Land Surveyor in the State of Florida to produce a Boundary Survey and Site
Specific, Topographic Survey showing elevations within 50 feet of all existing structures
located on the Normandy Shores Golf Course. It is the intent of the City to furnish this
survey in an electronic format to the CONSULTANT so that the design phase can
commence as soon as this Agreement is executed.
The CONSULTANT shall be responsible to supplement the survey procured by the City
with the following information:
.CONSUL T ANT shall locate and identify all the existing surface improvements /
topographic features that are visible within the project site, such as the following:
)- Existing valve boxes, water / electrical meter boxes, electrical pull
boxes, telephone / cable risers, fences, hydrants, roof drains, etc.
)- Above ground and underground utilities, invert elevations of accessible
underground utilities, wood / concrete utility poles, culverts, guardrails,
pavement limits, headwalls, end walls, manholes, vaults, mailboxes,
driveways, side streets, trees, landscaping, traffic signage and any other
noted improvements. Survey shall identify fence material/height,
landscaping plant materials and driveway construction materials.
Landscaping materials with a trunk diameter greater than 6 - inches in
diameter shall be identified.
)- All buildings including overall dimensions and finished floor elevations.
· Survey limits shall include the entire project site and an additional overlap to
encompass all adjoining areas potentially impacted by the project.
· Topographic survey I base map shall be prepared in AutoCAD version 14.0
and submitted on a 3.5-inch diskette or CD with one copy on 24-inch by 36-
inch bond paper to the City. CAD mapping shall be performed to a scale of
1:1 in the World Coordinate System. Text size shall be 100 leroy for a final
product at 1 =20 units.
· Indicate geometry of perimeter private property plats (inclusive of fences,
landscaping and driveways).
Upon completion of the survey, CONSULTANT shall forward the same to the following
agencies with a request to mark / identify their respective utilities on the survey base
map. CONSULTANT shall coordinate this effort with each agency in an effort to identifyAthe location of all underground utilities. CONSULTANT shall incorporate utility owner
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markups / edits into its survey base map file. CONSULTANT shall contact the following
entities and request that they each verify locations of their existing improvements in the
affected areas:
. Florida Power and Light
· BellSouth
. Charter Communications
. Natural Gas Utility
. Miami-Dade Public Works Department
. Miami-Dade Water and Sewer Authority
. Others as deemed necessary
The CONSULTANT shall become familiar with the Project sites through frequent site
visits, research, and examination of any record drawings, as applicable, and shall notify
the City of any field, onsite, or off-site conditions not shown or incorrectly shown on
record drawings, as may have been reasonably discovered. At the CONSUL T ANT's
request, the City will facilitate the CONSULTANT's access to the Project site(s) and or
facilities for investigative purposes. Frequent site visits and meetings shall continue
through all design phases of this Agreement until the Consultant is thouroughly familiar
with the existing conditions, any problem areas, and lor existing hazardous conditions or
materials. These site visits are part of the CONSULTANT's Basic Services, are
considered due diligence, and the CONSULTANT shall receive no additional
compensation for such design phase site visits and meetings. Provided that the
CONSULTANT has conducted a good faith investigation, the CONSULTANT and
CONSULTANT's sub-consultants shall not be responsible or held liable for undiscovered
hazardous conditions or materials.
Based on the collected data, CONSULTANT shall develop detailed design site plans for
the Project. The site plans shall include an overall key map and partial plans scaled at 1-
inch equals 20 feet. CONSULTANT shall illustrate proposed improvements on the site
plans based on available planning documents and survey provided by City.
CONSULTANT shall prepare final site plans based on the information gathered herein.
Copies of base maps shall be distributed to City.
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Deliverables:
. Perform forensic work as noted to develop final
base maps. Deliver five (5) sets of site plans to
City.
Schedule:
. See Exhibit D.
Task 1.2 - Detailed Oesian:
CONSULTANT shall prepare detailed design documents consisting of architectural and
interior design, structural, civil, mechanical, electrical, landscaping and irrigation and
drawings, as applicable. CONSULTANT shall use City standard details as provided by
City, and as deemed appropriate by CONSULTANT. CONSULTANT shall supplement
design documents with its own additional details, as it deems necessary, to provide City
with a complete work product. All drawings shall be prepared using AutoCAD Version
14 software with a layering system as approved by City.
The CONSULTANT shall provide technical specifications for the Project and they shall
be prepared in conformance with Construction Specifications Institute (CSI) format. City
shall furnish CONSULTANT with standard City specification outlines for Division 1.
CONSULTANT shall refrain from amending FDOT standard specifications and including
same in the detail design documents. Any supplier listings required by specifications
shall include a minimum of two named suppliers. City standard specifications shall be
provided to CONSULTANT in "Microsoft MS-Word" format. CONSULTANT shall use the
same software in all Project related work.
CONSULTANT shall utilize base front-end documents provided by City. CONSULTANT
shall edit accordingly to result in a Project specific document.
Any changes / modifications to the General and Supplemental Conditions shall be
subject to review and acceptance by City.
CONSULTANT shall attend nine (9) progress meetings with City, Planning and Parks
and Recreation staff during the design task. CONSULTANT shall prepare and maintain a
design progress schedule in Microsoft Project Planner. CONSULTANT shall update the
schedule and review Project status at each progress meeting. Should City determine
that the CONSULTANT has fallen behind schedule, CONSULTANT shall provide a
recovery schedule that will accelerate work to get back on schedule.
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For purposes of this Scope of Services, the following will be considered the minimum
effort to be provided by CONSULTANT for establishing the detail design milestones:
. 30% design completion shall consist of the completed survey / base map
work as identified in Task 2.1 with the proposed improvements identified in
plan view at a scale of 1-inch equals 20 feet. A key map shall also be
provided which illustrates the relationship between the drawings and its
respective location within the neighborhood. An outline identifying the
anticipated technical specifications to be incorporated into the work shall also
be submitted. CONSULTANT shall provide its "Budget" level opinion of
probable cost, as defined by the American Association of Cost Engineers with
the submittal.
. 60% design completion shall consist of the plan and profile view of all
improvements, applicable sections and construction details. Prior to the
preparation of the 60% design drawings the CONSULTANT shall incorporate
changes to its design based upon its underground utility verification efforts.
Plan and profile sheets shall be provided for water and sewer improvements.
CONSULTANT shall include the technical specifications and a draft schedule
of prices bid (bid form) identifying the items to be bid by the prospective
contractors with the submittal. CONSULTANT shall provide its "Budget" level
opinion of probable cost, as defined by the American Association of Cost
Engineers with the submittal. The Consultant shall submit the 60% design to
the DRB and/ or the Planning Department for review and comments. Said
comments from the DRB andl or the Planning Department shall be
incorporated into the 100% design submittal.
· 100% design completion shall consist of the entire Construction Document
set including the front end documents (General and Supplemental
Conditions), technical specifications and construction drawings for all the
work proposed to be completed. CONSULTANT shall provide the detailed
construction sequencing restrictions for the City's review. CONSULTANT
shall provide its "Definitive" level opinion of probable cost, as defined by the
American Association of Cost Engineers with the submittal.
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Deliverables:
· Furnish sets of design documents as requested
by the City pursuant to Article Six(6) of the
Agreement.
· Prepare and update Project Schedule, on a
monthly basis.
· Attend progress meetings with City, DRB and/
or the Planning Department and CMR firm.
Schedule:
. See Exhibit D.
· Note: The above 30%, 60%, and 100% design
documents completions shown in calendar days
are contingent upon City's reviews occurring
within the time frame allowed for final
completions of each task.
Task 1.2.1 - Geotechnical Evaluation
See Task 5.4.
Task 1.3 - DesiGn I Constructabilitv Review:
To verify that all Design Review meeting comments have been incorporated and design
standards have been followed, City and CM shall perform reviews of all Project design
documents at the preliminary (30 percent completion), intermediate (60 percent
completion) and near final (100 percent completion) design stages. The purpose of
these reviews shall be to verify that the documents are consistent with the design intent.
The City and CM shall also review CONSUL TANrs prepared cost estimates for the
Project at the 30, 60 and 100 percent submittal stages. Sets of construction drawings
and specifications shall be submitted to the City and to the CM at the 30 percent design
level completion and at the 60 and 100-percent design level completion. The number of
sets are to be determined at a later date and pursuant to Article 6 of the Agreement.
These documents will be furnished as bound 8-1/2-inch by 11-inch specifications, full
sets will consist of 24-inch by 36-inch blue line drawings, or 11" X 17" drawing(s) as
requested by the City. City and CM and applicable City departments shall perform
reviews on these documents and provide written comments (in the form of markups of
submitted documents) back to CONSULTANT within the timeframes specified in
Schedule D of this Agreement. Following receipt of comments, a meeting shall be
scheduled between City, CONSULTANT and CM to discuss the requirements, intent and
review of comments. CONSULTANT shall prepare a written memorandum to address
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how each comment was resolved. Such written response shall be prepared and
submitted to City for acceptance, within 7 calendar days after the review session.
CONSULTANT shall revise documents to include review comments accordingly.
In addition, City and CM shall perform constructability reviews of the design documents
relative to value, construction sequencing and schedule and bid format. The
constructability reviews shall be based upon the 60 and 100 percent design submittals
received from the CONSULTANT and shall be conducted concurrently with the 60 and
100 percent design reviews. Meetings shall be held with CONSULTANT and City
representatives and CM to discuss review comments, as required. A detailed review of
CONSULTANT's proposed construction sequencing restrictions will be performed by
City and CM at the 30-60-100-percent completion stages. The CONSULTANT shall
note that the City and CM's review of the Construction Documents does not relieve
CONSULTANT from its responsibility to the City with regard to the quality of its contract
documents.
Deliverables:
· Furnish sets of design documents as requested by the City pursuant to
Article 6 of the Agreement.
· Attend meetings with City and City and CM to review and discuss design,
constructability and value comments.
· Prepare written responses to comments made during review sessions.
Schedule:
· Complete concurrently with Design schedule.
Task 1.4 - Cost ODin ions:
CONSULTANT shall prepare opinions of probable construction costs for each design
submittal (30, 60) as well as the final (100 percent) completion stage. The accuracy of
the cost estimate associated with the 30 and 60 percent completion stage shall be +30%
to -15% "Budgef' Level as defined by the American Association of Cost Engineers. The
accuracy of the cost estimate associated with the 100 percent completion stage shall be
a +15% to -5% "Definitive" Level Estimate as defined by the American Association of
Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in
accordance with the template approved by City. All estimates shall be fumished bound in
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8-1/2-inch by 11-inch size. Based upon CONSULTANT's cost estimate, City shall advise
CONSULTANT if portions of the Project need to be deleted, phased and/or bid as
altemate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise
documents to reflect such issues accordingly. In addition, the Consultant shall advise the
City immediately when the Project cost estimate exceeds the budget established by the
City.
Deliverables:
· Prepare opinions of probable costs at the 30, 60, and 100 percent
completion stages.
· Attend meetings with City and CM to review and discuss cost estimates.
Schedule:
· Complete concurrently with Design schedule.
Task 1.5 - Community DesiGn Review Meetina
CONSULTANT shall attend and participate in one community design review meeting to
review the design progress and concept at 60% design completion status. The City will
schedule, find location for, and notify residents of said meeting. CONSULTANT shall
prepare draft meeting minutes and forward them to City and CM, who shall review,
provide comments and distribute, accordingly. CONSULTANT base fee proposal shall
include participation and attendance of one (1) meeting. CONSULTANT shall identify in
the fee proposal, the cost to participate in one (1) additional such meeting should it be
necessary based on Community Input.
Task 1.6 - Document Revisions
Based upon the input provided by the residents, CONSULTANT shall incorporate the
necessary contract document as approved by the City.
Task 1.7 - Permitting Reviews:
CONSULTANT shall prepare applications and such documents and design data as may
be required to procure approvals from all such govemmental authorities that have
jurisdiction over Project. City shall pay all permit fees. CONSULTANT shall participate in
meetings, submissions, resubmissions and negotiations with such authorities.
CONSULTANT shall respond to comments by such authorities through City within 10
10
calendar days of receipt of comments unless a different time is agreed to by City. It is
the intent of this Scope of Services that CONSULTANT shall be the responsible party for
formally transmitting and receiving permits to and from the respective authorities. City
shall track and monitor progress on the preparation and review of permits and
subsequent requests for information. It is recognized by City that the time period for
obtaining permits is beyond the control of CONSULTANT except for issues concerning
the permitability of the design and CONSULTANT's ability to respond to permitting
agency requests for information. It is the CONSULTANT's responsibility to determine
and coordinate with the all agencies which have jurisdiction over the Project. The
following governmental authorities that have or may have jurisdiction over Project have
been identified, this list is not all inclusive:
. Miami Dade Water and Sewer Authority
· South Florida Water Management District
· Miami-Dade Department of Health
. Florida Department of Environmental Protection
· Miami-Dade Department of Environmental Resource Management
. City of Miami Beach Building Department
· Department of Environmental Protection
· City of Miami Beach Public Works Department
. City of Miami Beach Planning Department
· City of Miami Beach Fire Department
Failure to identify governmental authorities that have jurisdiction over Project at the time
of permitting scope preparation does not relieve CONSULTANT from responsibility to
pursue the permit as described above.
Deliverables:
· Correspond with jurisdictional authorities to establish permitting
requirements.
· Revise documents and respond to permitting inquiries as required.
· Attend meetings with City and CM to review and discuss permitting
status.
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Schedule:
. Complete concurrently with the design schedule.
TASK 2 -BIDDING AND AWARD SERVICES
Task 2.1 - Construction Contract Document Review
The City is contracting with a CM for pre-construction services for this Project. The
CONSULTANT shall assist, advise and evaluate bids and the GMP Amendment(s) as
required in the Pre-Construction Services Agreement, attached as Schedule E
incorporated herein by reference.
City shall transmit permit approved contract documents prepared by the CONSULTANT
to the City's Risk Management and Procurement Departments for verification of
appropriate insurance and bonding capacity requirements for each Project prior to bid.
Various departments within City (Risk Management, Procurement and the City
Attorney's Office) have non-technical review responsibility for the Construction Contract
Documents. CONSULTANT shall assist City in this process by providing three copies of
Construction Documents, participating in meetings, submissions, resubmissions and
discussions with these departments. CONSULTANT shall respond to City comments
within ten calendar days of receipt of comments unless a different time schedule is
agreed to by City. CONSULTANT's compensation includes meeting with these
departments as requested by the City's Representative.
Task 2.2 -Subcontract Bid Document Delivery
CONSULTANT shall provide City and CM with reproducible, camera ready, sets of
permit approved Construction Documents.
Task 2.3 - Pre-Bid Conference
The CM shall conduct one or more pre-bid conferences. CONSULTANT shall attend the
pre-bid conference and bid opening for each phase of this Project and review, and
advise the City accordingly.
Task 2.4 - Addenda Issuance
CONSULTANT shall provide, through City, timely responses to the inquiries of
prospective bidders by preparing written addenda. Format for addenda shall be as
provided to CONSULTANT by City. These queries and responses shall be documented
and a record of each shall be transmitted to City on a same day basis. CONSULTANT
shall prepare and distribute necessary addenda as approved by City.
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Task 2.5 - Subcontract Biddina and Evaluation
CONSULTANT shall coordinate with the CM the process for evaluation, review and
acceptance of the subcontract bidding. The Consultant shall be present with the City
and CM when the bids are opened and shall be evaluated by the CONSULTANT who
shall make a recommendation to the City regarding the acceptance and award of bids to
qualified responsive and responsible subcontractors.
CONSULTANT shall evaluate the bids for completeness, full responsiveness and price,
including alternative prices and unit prices, and shall make a formal recommendation to
City with regard to the award of contract. Non-technical bid requirements shall be
evaluated by others.
This Scope of Services includes no allowance for CONSULTANT's time to assist City in
the event of a bid protest. To the proportionate extent CONSULTANT's services are
required in the event of a bid protest, due to a direct action or lack thereof by
CONSULTANT, CONSULTANT shall participate in such activities at no additional cost to
City.
Task 2.6 - Guaranteed Maximum Price (GMP) Construction Contract Award
CONSULTANT shall provide sets of construction contract documents for execution by
City and the CM within five calendar days of request by City pursuant to Article 6 of the
Agreement.
Task 2.7 - As- Bid Contract Documents
After GMP contract award and prior to the pre-construction conference, CONSULTANT
shall prepare As-Bid construction contract documents, which incorporate the following
items:
· eM's submittals, including but not limited to, bid proposal, insurance,
licenses, etc.
· Amend / modify front end documents and / or technical specifications to
incorporate changes made via contract addenda.
· Revise Construction Documents to include modifications / revisions
incorporated via contract addenda.
CONSULTANT shall prepare As-Bid Construction Documents and reproduce sets as
requested, for distribution to City within ten (10) calendar days after the City Commission
approval/ contract execution.
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Deliverables:
. Attend and participate in Pre-bid conferences and bid openings.
. Respond to questions from prospective bidders and prepare Addenda for
distribution by others.
. Prepare recommendation of award letter
· Prepare As-Bid contract documents, reproduce sets and forward to City.
Schedule:
. See Schedule Exhibit D.
TASK 3 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks associated with office
administration activities related to the construction of the Project. These tasks shall be
performed during the duration of the construction Project. CONSULTANT's
compensation is based upon a construction period of (4) calendar months.
Task 3.1 - Pre-Construction Conferences:
-
CONSULTANT shall attend a pre-construction conference for the Project. The
CONSULTANT shall be responsible for preparation and distribution of meeting minutes
to all attendees and other appropriate parties. City shall issue a Limited Notice to
Proceed at the Pre-Construction Conference. A final Notice to Proceed shall be issued
upon receipt of a final schedule and procurement of all applicable construction permits
from the CM.
Deliverables:
· Attend and participate in pre-construction conferences.
Schedule:
· As scheduled by City after receipt of Task 3 Construction Administration
Notice to Proceed.
Task 3.2 - Bi-Weeklv Construction Meetinas: CONSULTANT shall attend bi-weekly
meetings with the Contractor, City and applicable City representatives on the Project.
The purpose of these meetings shall be to review the status of construction progress,
shop drawing submittals and contract document clarifications and interpretations. In
addition, the CONSULTANT shall review the CM furnished two-week look ahead work
schedule to allow for proper coordination of necessary work efforts. These meetings
shall also serve as a forum for discussion of construction issues, potential changes /
14
conflicts and any other applicable matters. The CONSULTANT shall be responsible for
the preparation and distribution of meeting minutes to all attendees and other
appropriate parties within four (4) working days after the progress meeting.
Deliverables:
. Attend and participate in bi-weekly progress meetings with CM and
prepare bi-weekly meeting minutes and distribute.
Schedule:
. Bi-weekly throughout the Project duration.
Task 3.3 - ReQuests for CRFls):
The CONSULTANT will receive, log and process all RFI's. The CONSULTANT shall
distribute and update the RFI log at each progress meeting. The CONSULTANT shall
prepare a response in seven (7) calendar days and return it to City.
Deliverables:
· Respond to all RFl's and return to CM and City's office. Prepare RFI log
and distribute at the bi-weekly progress meetings.
Schedule:
· Ongoing throughout Project construction duration.
Task 3.4 - ReQuests for Changes to Construction Cost and/or Schedule:
The CONSULTANT will receive, log and evaluate all requests for Project cost and/or
schedule changes from the CM and report such to the City at the bi-weekly progress
meetings at a minimum. The CONSULTANT shall distribute and update the Change
Order log at each progress meeting. Changes may be the result of unforeseen
conditions or interferences identified by the Contractor during the routine progress of
work, inadvertent omissions (betterment) issues in the contract documents, or additional
improvements requested by the City or CONSULTANT after approval of the GMP
Amendment{s) by the City Commission. Regardless of the source, CONSULTANT will
evaluate the merit of the claim as well as the impact of the potential change in terms of
Project cost and the schedule. CONSULTANT will review claims and / or change order
requests with City. No claims assistance services are included under this task.
Deliverables:
· Perform independent review of request for cost increase and/or time
extension.
· Coordinate and participate in meetings, as required, with City and CM to
resolve and/or negotiate the equitable resolution of request.
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. Prepare and execute change order documentation.
. Prepare and update change order log and distribute at the bi-weekly
progress meetings.
Schedule:
. Ongoing throughout Project construction duration.
Task 3.5 - Processin~ of ShOD Drawinos:
The CONSULTANT will receive, log and distribute shop drawings to its Sub-
CONSULTANT's for its review. CONSULTANT shall have 14 calendar days from the
time of receipt in its office, to review and return shop drawings to CM and City's office.
Deliverables:-
. Review Shop Drawings and return them to City's office.
Schedule:
. Prepare and update change order log and distribute at the bi-weekly
progress meetings.
. On going throughout Project construction duration.
Task 3.6 - Field Observation Services:
The City will provide field staff to observe the construction of the work. The
CONSULTANT shall provide specialty site visits by various design disciplines (civil,
structural, mechanical, plumbing, electrical, and landscaping) on an as requested basis.
For the purposes of this Scope of Services, it is assumed that specialty site visits are
included in the Scope of Services and will be provided by the CONSULTANT as required
by the Project.
Deliverables:
· Provide specialty site visits as required.
Schedule:
· Ongoing throughout Project construction duration.
Task 3.7 - Proiect Closeout: Upon receiving notice from the CM advising the
CONSULTANT that the Project is substantially complete, CONSULTANT, shall conduct
an overview of the Project. The overview shall include development of a "punch Iisf of
items needing completion or correction prior to consideration of final acceptance.
CONSULTANT shall develop the Substantial Completion Punch list. The Substantial
Completion Punch list shall be forwarded to the CM. For the purposes of this provision,
16
substantial completion shall be deemed to be the stage in construction of the Project
where the Project can be utilized for the purposes for which it was intended, and where
minor items not be fully completed, but all items that affect the operational integrity and
function of the Project are capable of continuous use. The CONSULTANT shall assist
the City with the review of the City's Building Departments comments in anticipation of
an Temporary Certificate of Occupancy (TCO) and Certificate of Occupancy (CO) and
shall enforce the contract documents with respect to the CM's responsibilities to obtain
said TCO and CO.
The CONSULTANT upon notification from the CM that all remaining "punch lisr items
have been resolved, the CONSULTANT, in conjunction with appropriate City staff, shall
perform a final review of the finished Project. Based on successful completion of all
outstanding work items by the Contractor, CONSULTANT shall assist in closing out the
construction contract. This shall include, but not limited be to, preparation of record
drawings (based on markups forwarded by Contractor through City), and certifying
record drawings to the various affected permitting authorities. This certification shall be
based on the CONSULTANT having received and reviewed all applicable test data, daily
observation reports, record drawing markups, submittals, change orders and performed
final walk through of the completed work during substantial and final completion punch
list walk thru.
Deliverables:
· Attend field meetings to review substantial
completion and develop USubstantial
Completion punch lists".
Schedule:
· Certify Project completion to appropriate
agencies at the Substantial completion of
Project and at Final Completion (TCO and
CO).
· In compliance with the General Conditions
of the Construction Contract.
TASK 4 - ADDITIONAL SERVICES
No additional services are envisioned at this time. However, if such services are required
during the performance of the Work, they shall be requested by City and negotiated in
accordance with contract requirements. Note that a separate Notice to Proceed is
required prior to performance of any Work not expressly required by this Scope of
17
Services. If CONSULTANT, proceeds with out of scope of work without proper
authorization, it does so at its own risk.
TASK 5 - REIMBURSABLE EXPENSES
Task 5.1 - Reproduction Services:
CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of
reports, contract documents and miscellaneous items, as may be requested by City.
Unused amounts in this allowance shall be credited back to the City at the completion of
the Project.
Task 5.2 - Travel and Subsistence:
Not Allowed.
Task 5.3 - SurvevinQ:
CONSULTANT shall arrange for and coordinate the efforts of a licensed surveyor to
prepare a survey of the project limits which meets the requirements of Task 1.1. Cost
shall be limited to the noted not-to-exceed amount.
Task 5.4 - Geotechnical Evaluation
CONSUL T ANT shall arrange for and coordinate the efforts of a geotechnical
professional, who shall conduct a field exploration program to identify typical
geotechnical conditions throughout the project site to ascertain the sub surface
conditions with respect to its drainage design and structural characteristics. The program
will consist of sufficient quantity, depth and type of borings to adequately define the soil
characteristics for the purposes of design. Asphalt pavement depth will be determined to
establish the existing thickness of asphalt. Actual locations shall be as directed by
CONSULTANT. Cost shall be limited to the noted not-to-exceed amount.
Minimum Drawina Requirement
The composite set of drawings to be produced shall contain sufficient information and
detail to clearly define all proposed improvements in terms of quantity, quality and
location. All drawings and details shall be to a scale sufficient to be legible. The
CONSULTANT shall propose a drawing list to be reviewed and approved by the City.
18
Site Plans
Existing Conditions - Site Survey - to include property lines, sidewalks, pavement,
landscaping, existing site improvements and buildings, fencing, lighting, overhead and
underground utilities, and dimensions of buildings, pavement areas, fencing, etc.
Demolition - Clearly depict existing conditions to be demolished or modified.
Proposed Improvements - Clearly depict all new design elements including sidewalks,
pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting,
utility modifications, replacements, and additions, etc.
Enlarged Site plans - Where necessary to clearly define Project requirements, provide
enlarged site plans for specific areas of improvement.
BuildinQ DrawinQs
All buildings to be demolished, renovated or constructed shall be detailed in the Project
drawings in sufficient detail to clearly and thoroughly depict the intended improvements
or modifications and shall at a minimum include drawings from all involved disciplines:
Architectural, Interior design, Kitchen Consultant, Civil, Landscape Architecture,
Structural, Mechanical, Plumbing, and Electrical. Drawings shall be organized by
building and by discipline.
F:\CAPJ\$aII\GRACE\General Project Info\Normandy Shores Clubhouse\Architeknics\Architeknics Schedule
A-Clubhouse-7 -25-o6.doc
19
Nonnandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE B: ~O RESTROOM BUILDINGS)
PROFESSIONAL SERVICES AGREEMENT BE~EEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
CONSULTANT COMPENSATION
Please refer to attached schedule and see below Schedule of Payments:
Schedule of Payments
Phase I: 30% Design Documents *
$3,750.00
$5,000.00
$7,500.00
$1,250.00
$7,500.00
$5,000.00
$10,000.00
$40,000.00
Phase II: 60% Design Documents *
Phase III: 100'-. Permit Approved *
Bidding
Construction Administration **
Geotechnical Testing(PSI)
Reimbursable Allowance**'"
Total Contract
Note*: These services will be paid lump sum based on percentage complete of each phase.
Note**: Construction Administration will be paid on a monthly basis. It is anticipated that Construction
will be 8 months, therefore, once construction starts Consultant will be paid $937.50 for 8 months. In
the event that, through no fault of the Consultant, construction administration services are required to
be extended, the Consultant agrees to extent said services for $937.50 per month for the duration
required to complete the Project.
Note**"': The Reimbursable Allowance belongs to the City of Miami Beach and must be approved in
advance by the Project Coordinator. Unused portions will not be paid to the Consultant.
28
Nonnandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BE~EEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
HOURLY BILLING RATE SCHEDULE
Classification Hourlv Billina Rate (FY 2006)
Principal! Architect of Record $150.00 per hour'
Registered Architect $ 95.00 per hour
Designer / Junior Architect $85.00 per hour
CADD Operator $55.00 per hour
Principal MEP Engineer of Record $125.00 per hour
Electrical/ Mechanical Engineer $90.00 per hour
Civil/Structural Engineer of Record $125.00 per hour
Civil/Structural Engineer $95.00 per hour
Junior Engineer All Disciplines $70.00 per hour
Principal Landscape Architect of Record $125.00 per hour
Landscape Designer $80.00 per hour
Clerical $35.00 per hour
29
Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BE~EEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
SEE ATTACHED PROJECT SCHEDULE
30
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Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE E
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
See Attached Pre-Construction Services Agreement with Coastal Construction.
31
AGREEMENT FOR PRE-CONSTRUCTION SERVICES
BETWEEN CITY OF MIAMI BEACH, FLORIDA,
AND COASTAL CONSTRUCTION COMPANY FOR CONSTRUCTION MANAGEMENT AT RISK
SERVICES PURSUANT TO RESOLUTION NO. 2006-26197 ENTITLED "CONSTRUCTION
MANAGEMENT AT RISK PRE-CONSTRUCTION SERVICES FOR THE NORMANDY SHORES GOLF
COURSE TWO (2) RESTROOM BUILDINGS
THIS AGREEMENT, made and entered into this _ day of ,2006, by and between the
CITY OF MIAMI BEACH, a Florida municipal corporation whose address is 1700 Convention Center Drive,
Miami Beach, FI. 33139 (hereinafter City), and COASTAL CONSTRUCTION OF MONROE INC., D/B/A
COASTAL CONSTRUCTION COMPANY, a Florida corporation whose address is 5959 Blue Lagoon Drive,
Suite 200, Miami, FI., 33126 (hereinafter Construction Manager or CM).
WITNESSED:
WHEREAS, the City intends to demolish certain additions to the existing Normandy Shores
Clubhouse as well as perform the interior demolition of certain building systems and demolish the existing
Two Restroom Buildings and Concession Building and construct Two(2) new Restroom Buildings at the
Normandy Shores Golf Course and desires to engage the services of CM; and
WHEREAS, the CM desires to act as Construction Manager At-Risk to the City to provide the
services as set forth in this Agreement.
NOW THEREFORE, in consideration of the covenants and conditions herein contained, and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, City and CM agree as
follows:
ARTICLE I
DEFINITIONS
The following terms shall have the meanings specified below; any capitalized terms referred to herein
and not defined shall have the meanings set forth in the Agreement between City and Construction Manager:
1.1 Architect/Engineer or AlE: The · Architect/Engineer" or "AlE" shall mean that person or firm
designated as the architect/engineer for the Project, or any portion thereof. Also referred to as the
Consultant, this entity has entered into a separate agreement with the City for design services for the
Project, said Agreement attached and incorporated as Exhibit VII hereto (also referred to as the AlE
Agreement). For purposes of this Agreement, the Architect/Engineer of record for the Project is
Architeknics Inc, whose principal address is 7450 SW 48th Street, Miami Florida, 33155.
1
1.2 Bonds: The "Bonds" shall mean "the Public Construction Payment Bond and the Public
Construction Performance and Guarantee Bond fumished by the Construction Manager as required
by this Agreement.
1.3 Bond Premium: The term "Bond Premium" shall mean the direct cost of the premium paid
for the Bond (s).
1.4 Budget: The minimum amount established by the City for this Project. Construction Manager
herein acknowledges that, prior to execution of this Agreement; it has received the City's written
BUdget for the Project.
1.5 City or Owner: 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, and may also be referred to as the "Owner" in this Agreement. The City, as a
governmental entity, is subject to the availability of funds and annual appropriation of funds by its
legislative body and other governmental authorities or sources of revenue, in an amount to allow
continuation of its performance under this Agreement. In the event of lack of funding for this
Agreement. or the Project subject to this Agreement, this Agreement may be terminated by the City
pursuant to the procedures set forth in Subsection 6.2.
1.6 City Commission: "City Commission" shall mean the goveming and legislative body of the
City. The City Commission shall be the final authority to do or to approve the following actions or
conduct by passage of an enabling resolution or amendment to this Agreement.
1.6.1 The City Commission shall be the body to consider, comment upon, or approve of any'
amendments or modifications to this Agreement.
1.6.2 The City Commission shall be the body to consider, comment upon, or approve any
assignment, sale, transfer or subletting of this Agreement or any interest therein, or any subcontracts
made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the
majority of the stock of a corporation.
1.6.3 All City Commission approvals and authorizations shall be expressed by passage of an
appropriate enabling resolution and, as determined by the City if applicable or required, by the
execution of an appropriate amendment to this Agreement.
1.6.4 The City Commission shall approve or consider all contract amendments which exceed the
sum of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be
specified by the City of Miami Beach Code in its Procurement Ordinance, as same may be amended
from time to time.
1.7 City Manager: The "City Manager" shall mean the Chief Administrative Officer ofthe City.
The City Manager shall be construed to include any duly authorized designees, including, a Program
Coordinator, and shall serve as the City's representative to whom administrative requests for approval
2
shall be made and who shall issue authorizations exclusive of those authorizations reserved to the
City Commission, to the CM. These authorizations shall include, without limitation: reviewing,
approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents submitted to the City by the CM pursuant to the Scope of Services set forth in this
Agreement. as same may be amended from time to time.
1.7.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this
Agreement, which are not otherwise expressly provided for in this Agreement, and he shall attempt to
render administrative decisions promptly to avoid unreasonable delay in the progress of the CM's
work.
1.7.2 The City Manager shall additionally be authorized, but not required, upon written request of
the CM, to reallocate monies already budgeted toward payment of the CM; provided, however, that he
cannot increase the CM's compensation or other budgets established by this Agreement.
1.7.3 The City Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether such matters or
disputes are enumerated herein.
1.7.4 The City Manager or his designee shall be the representative, on behalf of the City authorized
to issue a Notice to Proceed.
1 .7.5 The City Manager may approve contract amendments which shall not exceed the sum of
Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or such other amount as may be specified
by the City of Miami Beach Code, in its Procurement Ordinance, as same may be amended from time
to time.
1.7.6 The City Manager may, in his sole discretion, form a committee or commiMees, or inquire of
or consult with persons for the purpose of receiving advice and recommendations relating to the
exercise of his powers, duties and responsibilities under this Agreement.
1.8 CM Principal: The "CM Principal" shall be the person designated by the Construction
Manager as its senior representative to the City. The CM Principal shall perform those duties
required in this Agreement and shall have the authority to commit and obligate the CM, and to fully act
for the CM in all maters.
1.9 Claim: A "Claim" is a demand, assertion, dispute or other such claim by one of the parties
hereto arising out of or based upon the terms and conditions of the Contract Documents.
1.10 Contract Amendment or Change Orders: "A Contract Amendmenr or "Change Order"
shall mean a written order to the Construction Manager approved by the City, as specified in this
Agreement, and signed by the City's duly authorized representative, authorizing a change in the
Project or the method and manner of performance thereof, or an adjustment in the fees or completion
dates, as applicable, and executed by the City, CM and the AlE. Contract Amendments and/or
Change Orders affecting changes to the Work shall be countersigned by the CM and the NE.
3
Contract Amendments and/or Change Orders shall be approved by the City Commission if they
exceed Twenty-Five Thousand Dollars and 00/100 ($25,000.00), or by the City Manager if they are
Twenty-Five Thousand Dollars and 00/100 ($25,000.00) or less in amount (or such other amount as
may be specified by the City of Miami Beach Code, in its Procurement Ordinance, as same may be
amended from time to time). Even for Contract Amendments and/or Change Orders for less than
Twenty-Five Thousand Dollars and 00/100 ($25,000.00) the City Manager shall retain the right to
seek and obtain concurrence of the City Commission for approval of any such Contract Amendments
and/or Change Orders
1.11 Construction Change Directive: The term "Construction Change Directive" shall mean a
written directive to effect changes to the Work, prepared by the AlE and executed by the City.
1.12 Construction Estimate: The term "Construction Estimate" shall mean a cost estimate
for the completion of the entire Scope of Work for the Project, which estimate shall include all
components of the Cost ofthe Work, as well as the Construction Fee for the Project. This estimate is
initially established as $250,000, which is the sum budgeted by the City for the construction cost for
the Project.
1.13 Construction Manager (CM): The firm of Coastal Construction Company, whose
principal address is 5959 Blue Lagoon Drive, Suite 200, Miami Florida, 33126, as selected by the
City pursuant to Resolution No. 2006.26197, to provide services of Construction Management At-
Risk for this Project. Acceptance of the GMP by the City shall result in the CM functioning from that
point forward as a General Contractor under the terms and conditions of the Contract Documents, as
same may be amended, which will go into effect at the time of GMP acceptance.
1.14.1 (Intentionally Omitted)
1.14.2 The Construction Manager shall be liable for its services, responsibilities and liabilities under
this Agreement, as well as the services, responsibilities and liabilities of any subconsultants, and any
other person or entity acting under the direction or control of the Construction Manager. When the
term .Construction Manager" or "CM" is used in this Agreement, it shall be deemed to include any
subconsultants and any other person or entity acting under the direction or control of CM. Any
subconsultants retained by Construction Manager pursuant to this Agreement and the Project, must
receive the prior written approval of the City.
1.15 Construction Manager's Fee: The term "Construction Manager's Fee" or "Fee" shall mean,
for purposes of this Agreement only, a fixed fee, in the amount of $6,962, representing the Fee
negotiated for CM's Preconstruction Services, as contemplated herein. Notwithstanding anything to
the contrary, if the GMP is not accepted by the City and the Agreement is terminated, the
Construction Manager shall be entitled to receive only that portion of the Fee herein, representing all
work performed to date relating to the Project.
1.16 Construction Phase Services: The term "Construction Phase Services" shall mean and
4
anticipates, in a subsequent amendment to this Agreement, and further, in the event the City
approves the GMP, the services to be performed by or through the Construction Manager during the
Construction Phase ofthe Project, including. without limitation, the Work for the Project, and such
other services as called for by this Agreement and any amendments hereto, or reasonably inferred
there from.
1.17 Construction Schedule: The term .Construction Schedule" shall mean a critical path
schedule or other construction schedule, as defined and required by the Contract Documents.
1.18 Construction Team: The term "Construction Team" shall mean the construction team
consisting of representatives of the Construction Manager, the City, and the AlE.
1.19 Contingency: The term .Contingency" shall mean a line item contingency amount
contained in the Schedule of Values for the Project, which contingency amount, if accepted by the
City, shall be included within the GMP for the Project, and shall accordingly be referenced in the
[GMP] Amendment to this Agreement. Pursuant to said Amendment, the Contingency shall be used
as a source of funds for the costs reasonably and necessarily incurred and paid by the Construction
Manager, which costs shall be at rates not higher than the standard paid in the locality of the Work, as
follows: (i) in connection with the proper performance of Work required hereunder which Work was
unforeseeable by the Construction Manager, the AlE and the City at the time of execution of the GMP
Amendment pertaining thereto, notwithstanding the Construction Manager's exercise of due diligence
in connection therewith; and (ii) to the extent that any portion of the Contingency remains unallocated
on the date of Final Completion and after the issuance of final payment for the Project, which
remaining portion of the Contingency shall accrue to the benefit of the City. The Contingency amount,
if any, shall be set forth in the GMP Amendment for the Project, on its face and within the Schedule of
Values attached thereto. The Contingency amount shall be used at the discretion of the City and
must be approved prior to the CM using it.
1.20 Contract: The term "Contract- means the contract formed by all of the Contract Documents,
including this Agreement and any amendments hereto.
1.21 Contract Documents: The .Contract Documents- include Resolution No. 2006-26197; this
Agreement, and all attachments, exhibits, and amendments thereto; the AlE Agreement, attached as
Exhibit VII hereto; and such other documentation as may be listed as an attachment anellor an exhibit
to this Agreement.
Upon execution of the GMP Amendment, the Contract Documents shall be expanded to include, in
addition to those items listed above, those documents identified by the GMP Amendment and the
attachments and exhibits thereto.
1.22 Contract Time: The time period defined within this Agreement for the Construction Manager
to submit the GMP.
1.23 Drawings: The "Drawings" shall refer to the graphic and pictorial provisions of the Work
5
identified as the Drawings in the GMP Amendment; Change Order. or Construction Change Directive
issued and executed in accordance with the Agreement, including without limitation, all notes
schedule and legends on such Drawings.
1.24 General: Except as defined herein, or as otherwise defined in the Contract Documents,
words which have well-known technical meanings or otherwise have accepted construction industry
meanings are used in the Contract Documents in accordance with such well-known or accepted
meanings.
1.25 General Contractor: The term "General Contractor" shall refer to the CM after acceptance
by the City of the GMP Amendment. The CM shall be duly licensed as a General Contractor pursuant
to Chapter 489, Florida Statutes.
1.26 Guaranteed Maximum Price: The term "Guaranteed Maximum Price. or"GMP. shall mean
the sum certain set forth in the GMP Amendment as the Project price that the Construction Manager
guarantees not to exceed for the Project for all services within the Agreement, as same shall be
amended upon acceptance of the GMP by the City not to include the Preconstruction Services Fee.
1.27 GMP Amendment: The term "GMP Amendmenf shall mean the GMP Proposal for the
Project, if any, accepted by the City, in its sole discretion, in substantially the same form as attached
as Exhibit "I. hereto, which Amendment shall automatically become a part hereof upon the City's and
Construction Manager's execution of the same and shall establish, among other things, the GMP, the
names of the Construction Manager's on site-management and supervisory personnel for the Project;
and the Contract Time for the Project.
1.28 GMP Proposal: The term "GMP Proposal. shall mean a proposal for completing the Project,
which proposal shall include the proposed Guaranteed Maximum Price for the construction of the
Project, as provided by the Construction Manager and accepted by the City based upon the Drawings
and Specifications; the Contract Documents; and the Memorandum of Changes. The City has no
obligation to accept the GMP Proposal regardless of the amount or its relationship to estimates
provided.
1.29 Laws: The term "Laws. shall include all Federal, State, County and local laws, statutes,
regulations, ordinances, rules and building codes applicable to the Project, including, without
limitation, orders of any public authority having jurisdiction over the Project, building; labor, safety,
licensing or environmental laws and local building codes. building standards and trade practices
affecting the Project, as same may be amended from time to time.
1.30 Memorandum of Changes: The term "Memorandum of Changes. shall mean a written
summary of the Construction Manager's recommended modifications to the Drawings and
Specifications relating to the Project based on an evaluation of the Project req~irements; on and Off-
site development; survey requirements; and Project bUdget requirements; and a review of the design
documents; and the Drawings and Specifications; and the Contract Documents.
6
1.31 Phase 1- (30%) Schematic Design Documents: The term "Phase I - Schematic
Design Documents" shall mean Drawings and other documents illustrating the scale and relationship
of the Project components, and as further defined by the AlE Agreement CM's knowledge of and
coordination with said Agreement is incorporated herein.
1.32 Phase 11-(60%) Design Development Documents: The term "Phase 11- Design
Development Documents" shall mean the Drawings and Specifications and other documents which fix
and describe the size and character of the entire Project as to architectural, structural, mechanical
and electrical systems, materials and such other elements, as may be appropriate, and as further
defined by the AlE Agreement. CM's knowledge of and coordination with said Agreement is
incorporated herein.
1.33 Phase III (100%): Construction Documents: The tenn "Phase 11I- Construction Documents"
shall mean the Drawings and Specifications setting forth in detail the requirements of the construction
of the Project, and as further defined by the AlE Agreement. CM's knowledge of and coordination
with said Agreement is specifically required of the Construction Manager.
1.34 Preconstructlon Services Fee:The term "Preconstruction Services Fee" shall mean the
fixed fee for the services contemplated in this Agreement, in the amount of $6,962, for CM's services
perfonned during the Design Phase related to the Project, which fee includes all direct and indirect
costs incurred by the Construction Manager in the proper perfonnance of the Pre-Construction Phase
Services contemplated under this Agreement.
1.35 Preconstructlon Phase Services: The term "Preconstruction Phase Services. shall mean
the services which the Construction Manager shall perform in reviewing the design and for the Bid
and Award Phases of the Agreement, and culminate with exercise by the City of one of the City's
options regarding the GMP Proposal.
1.36 Project: The term "Project", in its entirety shall mean that certain portion of the City
construction project referenced in Resolution No. 2005-26197, involving the construction of the
Normandy Shores Golf Course Two(2) Restroom Buildings. The City anticipates that the Project will
be phased and that each phase as set forth below, will require a separate GMP Amendment. The
total GMP Amendments will comprise the entire Project.
a) Demolition Phases:
I) Phase One: Demolition of the Two(2) Restroom Buildings and Concession Stand.(GMP
Amendment Number One).
b) Construction Phases:
I) Phase Two: Construction of the Two(2) Restroom Buildings. (GMP Amendment Number Two).
1.37 Schedule of Values: The term .Schedule of Values" shall mean the schedule of values,
setting forth the detailed cost breakdown, including labor, materials and taxes, of the GMP set forth in
7
the applicable GMP Proposal, the sum of which shall not exceed the GMP.
1.38 Scope of the Work: The term "Scope of the Work" shall mean all services, labor, materials
equipment, operations and construction management services that are indicated in, or reasonably
inferable from the Contract Documents.
1.39 Specifications: The .Specifications" consist of any and all written requirements for materials,
equipment, construction systems, standards and workmanship for the Work which are identified as
the Specifications in the GMP Amendment, Contract Amendment(s), or Construction Change
Directive(s) issued and executed in accordance with the Agreement.
1.40 Subconsultants:
1.40.1 A "Subconsultanr is a person or entity which has a direct contract with the Construction
Manager to perform or supply a portion of the Work and the term includes such Subconsultant's
authorized representatives.~ Construction Manager shall obtain prior written approval of the City prior
to changing or modifying the subconsultants and other professional associates. Any such services
performed by any Subconsultants shall be passed through to City without additional charge by the
CM. All such work shall be itemized on invoices from such Subconsultants, showing work performed
and charges incurred.
1.40.2 The Construction Manager represents that it has made and will make reasonable
investigation of all Subconsultants to be utilized in the performance of work under this Agreement to
determine that they possess the skill, knowledge and experience necessary to enable them to
perform the services required. Nothing in this Agreement shall relieve the Construction Manager of its
prime and sole responsibility for the performance of the Work under this Agreement.
1.40.3 All rates, multipliers and any other fees charged by any Subconsultants shall be not more
than those rates, multipliers and other fees in any contracts that any such Subconsultants may have
either with the City directly or as a Subconsultant under some other City agreement or more than what
is typically charged in the industry.
1.40.4. Construction Manager shall bind each and every approved Subconsultant to the terms stated
in this Section and shall require the proper licensing of such Subconsultants.
1.40.5 If any of the services outlined in this Agreement are fumished by Construction Manager by
obtaining the services of Subconsultants, Construction Manager shall provide City with proposals and
contracts between the. Subconsultants and Construction Manager outlining the services to be
performed and the charges for same, together with any other documentation required by City.
1.41 Substantial Completion: The term .Substantial Completion" is as defined in the Contract
Documents, as same may be amended.
1.42 Substantial Completion Date: The "Substantial Completion Date" shall mean the date which the AlE
certifies to the City by means of a certificate of Substantial Completion as the date when the
Construction Manager has achieved completion of the Project in accordance with the General
8
Conditions of the Contract Documents and applicable laws and the City of Miami Beach Buildina
Department issues a Certificate of Occupancv (COlor (Certificate of Comoletion(CCl for Renovation
Proiects.) Notwithstanding the preceding, if a situation arises beyond the control of the CM, and the
issuance of a CertifICate of Temporary Occupancy(TCO) is granted by the Building Department, then
the City may deem at its sole and responsible discretion, that the Project has been Substantially
\
Completed.
1.43 Taxes: The term UTaxes" shall mean all taxes related to the performance of the Work or any portion
thereof, including but not limited to, all sales, consumer, use, occupational, excise, social security,
unemployment compensation and similar taxes.
1.44 Work: The term uWork" means all supervision, labor materials and equipment required by the
Contract Documents to be provided by or through the Construction Manager for the entire Project and
all other services necessary to fulfill the Construction Manager's obligations hereunder to perform the
Scope of the Work, including, as the context may require, any portion of the Work with respect to the
Project. The uncapitalized term work is used in its ordinary sense.
1.45 Proposal Documents: (Intentionally Omitted).
1.46 Force Majeure: "Force Majeure" shall mean any delay occasioned by superior or irresistible force(s)
occasioned by violence in nature without the interference of human agency such as hurricanes,
tomados, flood and loss caused by fire and other similar unavoidable casualties; changes in federal
law, state or local laws, ordinances, codes or regulations, enacted after the date of this Agreement
and having a substantial impact on the Project; other causes beyond the parties control; or by any
other such causes which the City and the Construction Manager decide in writing justify the delay.
Provided, however, that market conditions, labor conditions, construction industry price trends, and
similar matters which normally impact on the bidding process shall not be considered a Force
Majeure.
ARTICLE II
RELATIONSHIP OF CITY AND CONSTRUCTION MANAGER
2.1 The Construction Manager accepts the relationship of trust and confidence established between it
and the City by this Agreement. The Construction Manager represents that it will fumish its best skill
and judgment in performing the CM's services and the Work, and shall always act to further the
interest of the City in the expeditious completion of the Project, at the lowest responsible cost to the
City, and in strict accordance with the Contract Documents and prudent and customary construction
practices.
2.2 By signing this Agreement, the Construction Manager accepts a fiduciary duty with the City and
warrants and represents to the City that the Construction Manager:
a) has all licenses and certifications required by applicable law to perform the CM's services and
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the Work;
b) is experienced in all aspects of preconstruction and construction planning for projects similar
to the Project;
c) will act in the City's highest and best interest in performing the CM's services and the Work;
and
d) that no employee or affiliate of the Construction Manager, including all subconsultants,
subcontractors and suppliers, at any tier, has been convicted of a public entity crime, fraud,
theft, andlor property damage crime within the preceding thirty-six (36) months from the date
of execution of this Agreement, pursuant to Section 287.133, Florida Statutes.
The Construction Manager acknowledges and agrees that the City is relying on these representations and
covenants as a material inducement to enter into this Agreement.
ARTICLE III
THE CONSTRUCTION MANAGER SERVICES
3.1 GMP Amendment
The parties are entering into this Agreement before Contract Documents are sufficiently complete to establish
the GMP; therefore. it is anticipated that one or more GMP Amendments will be executed to establish the
GMP and incorporate subsequent documents that fully describe the scope of the Work included in the GMP.
Each such Contract Amendment and additional Contract Documents shall become a part of this Agreement as
if fully set forth herein. The GMP for the Project must be established no later than ,2006, (See
Attached Schedule in exhibit II) after issuance of an initial Notice to Proceed by the City pursuant to this
Agreement; otherwise this Agreement shall terminate pursuant to Article VI herein.
The City anticipates that the Project will be phased and that each phase, as set forth below, will require a
separate GMP Amendment. The total GMP Amendments will comprise the entire Project.
a) Demolition Phases:
I) Phase One: Demolition of the Two(2) Restroom Buildings. (GMP Amendment Number One).
b) Construction Phases:
I) Phase Two: Construction of the Two(2) Restroom Buildings. (GMP Amendment Number Two).
3.2 The Services of the Construction Manager shall include, but are not limited to. those described or
specified herein. The Services described herein shall not be deemed to constitute a comprehensive
specification having the effect of excluding services not specifically mentioned. The Construction Manager's
Services shall include, without limitation, all of the Preconstruction Services set forth in this Agreement and,
upon approval by the City of the GMP, and as contemplated in the GMP Amendment (or Amendments), and
such other amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities
with respect to the Work and the Project, all of the Construction Services required to complete the Work in
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strict accordance with the Contract Documents, and to deliver the Project to the City at or below the GMP,
when established, and within the Contract time.
3.3 Preconstruction Services.
3.3.1. Generallv - The Construction Manager shall review Project requirements, existing on-site and off-site
development, surveys and preliminary budget, and make recommendations to the City for revisions.
The Construction Manager shall prepare a preliminary Project Schedule in accordance with the
Contract Documents and in coordination with the City and the Architect/Engineer, identifying all
phases, critical path activities, and critical duties of each of the Project team members. The
Construction Manager shall, at each remaining design phase (Le. design development; 30%; 60%
and 100% construction document), review the plans and advise the City and the ArchitecVEngineer
regarding the constructability of the design and of any errors, omissions, or conflicts it discovers. The
Construction Manager shall prepare an outline of proposed bid packages and detailed cost estimates,
and advise the City regarding trends in the construction and labor markets that may affect the price or
schedule of the Project. The Construction Manager shall attend all Project related meetings. The
Construction Manager's Preconstruction Services shall be provided, and the City shall compensate
Construction Manager for such services, based upon a fixed fee, in the amount of $6,962,
representing the Construction Manager's Fee. At the conclusion of the Preconstruction Services, the
Construction Manager shall, without assuming the duties of the ArchitecVEngineer, warrant to the
City, that the plans, specifications and other Contract Documents are consistent, practical, feasible
and constructible, and that the Project is constructible within the contract time.
ARTICLE IV
DUTIES AND RESPONSIBiliTIES
The CM shall perform the following responsibilities and duties:
4.1 All CM procedures, recommendations, documentation, record retention, etc. must conform to the
Project requirements including applicable sections of the City's procedures, Architect and Engineer's
procedural manual; master specifications; general conditions of the Construction Agreement; (and
other) applicable codes, regulations and procedures that may be required at the State, County, City or
any agency, utility or similar governmental entity.
4.1.1. Develop, for City approval and for full compliance by CM, of a Project specifIC procedures manual
detailing the entire Project process, including at minimum the following:
a) Exhibit I (GMP Amendment); Exhibit II (Schedule); Exhibit III (Declaration);
Exhibit IV (Sworn Statement Section 287.133(3)(a)FS on Public Entity
Crimes; Exhibit V (Questionnaire); Exhibit VI (Insurance Checklist); Exhibit
VII (NE Agreement); Exhibit VIII (General Conditions of the Construction
Contract); Exhibit IX (Best Value Amendment); Exhibit X (Qualification
Submittal Oocuments);and this Agreement.
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b) Construction coordination, scheduling, communication and documentation
procedures among the CM, the Architect/Engineer, subcontractor(s),
subconsultant(s), and other departments or organizations who require
coordination with and/or input into the Work.
c) Project reports (monthly).
d) Request for Information.
e) Contract Amendment(s) process.
f) Shop Drawing submittal.
g) Project closeout.
Said procedures manual to be presented no later than with first application for payment.
4.2 Coordination and Schedulina
4.2.1 Coordination with AlE -In providing the Construction Manager's services described in this Agreement,
the CM shall maintain a working relationship with the Architect/Engineer. However, nothing in this
Agreement shall be construed to mean that the CM assumes any of the responsibilities or duties of
the AlE. The CM shall be solely responsible for construction means, methods, techniques, sequence
and procedures used in the construction of the Project and for the safety of its personnel, property,
and its operations for performing in accordance with the CM's Agreement with the City. The AlE is
responsible for the requirements of the Project, as indicated in the Agreement between the City and
the AlE. The CM's services shall be rendered compatibly and in cooperation with the AlE's services
to the City. It is not intended that the services of the AlE and the CM be competitive or duplicative, but
rather be complimentary.
4.2.2 Schedulina - The CM shall meet immediately upon execution of this Agreement with the
Architect/Engineer and City representatives to review the AlE Agreement (final) and the Project as
referenced in Schedule D of the AlE Agreement. The CM shall ensure that the parties jointly review,
modify as necessary, and agree to a single design schedule, to be called the revised most current
Schedule to the AlE Agreement. This schedule shall be submitted to the City within fourteen (14) days
of execution of this Agreement. Should the parties not be able to reach final agreement on a revised
schedule for purposes of the Project, which include(s) a schedule for all CM services, which the CM
believes to be fair, reasonable, and in the best interest of the Project. The City shall then determine
what schedule is to be utilized, and the City's decision with regard to same shall be final, and binding
upon the parties.
4.3 Deslan Phase
4.3.1 Review of Desian Documents - The eM shall review the design documents and make
recommendations to the City and to the AlE as to constructability, cost, sequencing, scheduling, and
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the time of construction, as to clarity, consistency and coordination of documentation. The
recommendations resulting from such review will be provided to the City and AlE in writing and as
notations on the design documents. This review and the accompanying writing notations shall be
submitted with the documents for review by the City at each Phase of design review as noted in the
AlE Agreement (Exhibit VII).
4.3.2 ResDonslbilltv . The CM, as a result of the above-noted review of the design documents and
recommendations provided to the City, shall utilize its best efforts to assure the coordination of
drawings with the written specifications. This includes but is not limited to, the CM's review of the
construction documents in coordination of the draWings and specifications themselves, with the
existing buildings and sites to ensure proper coordination and constructability and lack of conflict, and
to minimize unforeseen conditions. The CM shall, during this phase, be responsible for the proper
identification and location of all utilities, services, and other underground facilities which may impact
the Project. The CM specifically agrees that no Contract Amendments shall be requested by the CM
or considered by the City for reasons involving conflicts in the documents, questions of clarity with
regard to documents, incompatibility, or conflicts between the documents and laws, the existing
conditions, utilities, and unforeseen underground conditions.
4.3.3 Preliminary Schedulina - The CM will submit to the Architect/Engineer for comment and to the City
for approval a proposed schedule for the Project at the time the 60% design documents are to be
submitted to the City for review. That schedule shall include such bid and construction activities as
well as reasonably outline the approach the CM intends to take for the Project. This requirement is in
addition to any other scheduling requirements which may be contained in the contract documents and
shall be compatible with same. The CM shall include in the above-noted schedule a proposed
construction sequencing plan for the Work.
4.3.4 Estlmatina and Cost C~ntrol - The CM shall prepare detailed cost estimates and updates
throughout the DeSign Phase leading up to the bidding phase of the Project. The CM shall submit
same with the submittal of each Phase of design review in accordance with the most current AlE
Agreement and at such other times as it may be requested by the City. The estimates by the CM
shall show the estimated amount of the GMP. They shall be in such detail as the City may require, ,
and shall not exceed the construction budget of $250,000.
a) Should the CM's estimated GMP exceed the Budget, the CM shall include
with said estimate written suggestions for bringing the Project within Budget.
The City, at its sole option, may adjust the Budget or it may direct the CM to
coordinate with the Architect/Engineer to reduce the estimated cost of the
Project through Value Engineering, re-design by the Architect/Engineer, re-
estimating, obtaining additional pricing, scope reduction and/or other at no
cost to the City; or it may choose to continue under subparagraph (b) below.
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b) The City shall determine, after receipt and review of each estimate, whether
the CM shall continue to perform the services of the Agreement without
requiring adjustment of the most current CM estimated GMP. The City may,
at its sole option, determine to proceed with the Project without Budget
adjustment or any other change to the Project. This shall in no way obligate
the City to accept the CM's GMP Proposal whether or not it is within the
estimate or whether or not it is within the Budget. The City in this and all
cases may reject the GMP at its sole discretion and proceed to exercise its
options as identified in this Agreement.
c) The CM and AlE shall advise the City immediately when the AlE or CM
estimate exceeds the construction budget.
4.3.5 General Coordination - The CM shall coordinate with and include activities in both the schedule
referred to in this Section and other schedules required in the Contract Documents the work of
consultants, testing labs, and other consultants employed by the City as well as the reviews required
by the City and other agencies and the Architect/Engineer.
4.3.6 Permits and Fees - The CM will be responsible for coordinating with the ArchitecUEngineer the
submittal of all required documents for permits. CM shall be responsible for obtaining any and all
permits and paying any and all related fees for the Work. The City shall not pay the CM any additional
sums beyond the Preconstruction Services Fee and the GMP for these services. Fees for building
permits issued by the City of Miami Beach shall be waived. Fees for other permits shall be the
responsibility of the CM.
4.3.7 Desian Services - In the performance of its Design Phase requirements, while the CM is not the AlE
for the Project, the CM shall be prepared to employ such professional design services as may be
required for the fulfillment of its obligations under this Agreement.
4.3.8 Memorandum of Chanaes -The CM shall submit to the Owner the CM's Memorandum of Changes
in sufficient time and as scheduled so it may be reviewed against the Contract Documents and any
corrections, modifications, additions, or changes be incorporated prior to commencing the Bid and
Award Phase. The Memorandum of Changes shall include a summary of all recommendations made
by the CM in fulfilling the CM's duties with regard to the Contract Documents. The CM shall identify
any recommendations not incorporated into the documents. The City shall either direct that same be
incorporated or explain in writing why the recommendation is rejected.
4.4 Bid and Award Phase
4.4.1 Preauallflcation . The CM shall prepare a subcontractor's prequalification plan in compliance with
the requirements currently determined by the City. The CM shall submit to the City the CM's list of
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pre approved Subcontractors for each element of the Work to be subcontracted by the CM. This list
shall be developed by the execution by the CM of the subcontractor's prequalification plan noted
above. The City reserves the right to reject any subcontractor proposed for any bid to be considered
by the CM. Any claims, objections or disputes arising out of the prequalification plan or list are the
responsibility of the CM. The CM shall hold harmless, indemnify, and defend the City, its employees,
agents, and representatives in any matter arising out of the prequalification plan and/or the
subcontractor's list, except where the sole cause of the matter is a City directed decision.
4.4.2 Scope of Work - The CM shall receive subcontract proposals which, when combined with the work
the CM intends to do with its own forces, shall represent the entirety of the Scope of Work required of
this Agreement.
4.4.3 Pre-Bld Conferences - The CM shall schedule and conduct pre-bid conferences for subcontractors
. and the City to ensure the availability of such subcontractors, material suppliers, etc. for this pre-bid
conference. The CM shall be solely responsible for the content of the pre-bid conference.
4.4.4 Subcontract Biddina - The CM shall schedule, in coordination with the Architect/Engineer and the
City, the acceptance, review and award of the bids to qualified responsive and responsible
Subcontractors. Said bids from subcontractors shall be in writing and shall be opened and reviewed
with the Architect/Engineer and the City prior to award by the CM.
4.5 The Guaranteed Maximum Price
4.5.1 Calculatlon/Neaotiation of the Guaranteed Maximum Price- After taking, reviewing and identifying
the lowest acceptable bids from responsive and responsible subcontractors, the CM shall propose to
the City, a Guaranteed Maximum Price, which shall be the sum of the proposed subcontracts and the
CM's General Conditions (including any fee, profit, overhead and all like amounts) and the agreed
upon Contingency. The Guaranteed. Maximum Price shall be the full and complete amount for which
the CM agrees to go forward from the receipt of subcontract bids to the full completion of the Project.
4.5.2 Acceptance of GMP - Upon acceptance and execution of the GMP Proposal, by the City, the CM
shall enter into subcontract agreements with the subcontractors selected for the amounts included in
the GMP Proposal for that subcontract work, and shall function as a General Contractor and comply
with the Contract Documents accordingly with regard to the Project as well as a Construction
Manager with regard to other services required by the Contract Documents.
4.6 Time of Performance
4.6.1 Conformance with APproved Schedule- The CM shall perform all the duties required by this
Agreement in such a way and time as to conform to the most current Schedule "OW of the AlE
Agreement.
4.6.2 Review and Acceptance of Schedule- In executing the Agreement, the CM acknowledges
specifically that the CM has reviewed the most current Schedule "DD of the AlE Agreement, has given
any necessary input to the City regarding any need to modify that schedule to accommodate the CM
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at Risk process, and shall not be entitlecHo additional time or money in order to conform the CM
services to that schedule.
4.6.3 Preparation and Deliverv of the CM at Risk Schedule- Within fourteen (14) days of the effective
date of this Agreement the CM shall present to the City a schedule for the CM's duties, deliverables,
and requirements showing the start and completion of design phase activities to be performed by the
CM. This schedule shall be in conformance with the most current Schedule "DB of the AlE
Agreement.
4.7 PAYMENT BREAKDOWN
PRE-CONSTRUCTION SERVICES
1. Design Review, Constructability & Value Engineering $817
2. Review of On-site & Off-site Conditions $750
3. Cost Estimating & Cost Controls $1,907
4. Scheduling $375
$3,112
5. Bidding (GMP Submittal & Negotiations)
$0
6. e-Builder License
$0
7. Contingency
$6,962
8. TOTAL PRE-CONSTRUCTION SERVICES FEE
4.7.1 ApPlication for Payment Submittal- The CM shall submit monthly an application for payment for the
proportional amount of the Preconstruct ion Services Fee which shall be determined by dividing
the Preconstruction Services Fee by the number of months from the effective date of this Agreement
until the scheduled submittal of the GMP proposal by the CM. Delays to the schedule shall result in
re-calculation of the monthly application amount by dividing the amount of Preconstruction Services
Fee remaining by the number of months currently remaining until the first submittal of GMP Proposal.
4.7.2 Time Extensions-In the event the performance of the CM is delayed by reasons outside the CM's
contro', the CM shall request in writing an extension of time for the contract requirements of this
Agreement. Said request for extension shall include a proposed revised schedule, and
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documentation as to the cause of the delay. The CM's sole remedy for delays which impact the time
of performance of this Agreement shall be a time extension. No damages for delay shall accrue to
the benefit of the CM as a result of any delays to the performance of this Agreement. SpeciflCBlly, the
CM agrees that the failure of the Architect/Engineer to maintain the design schedule shall be non-
compensable to the CM and CM's sole remedy shall be an extension of time.
4.7.3 Extra Services- Should the CM be requested or required by the City to provide services which the
CM believes are outside and/or in addition to the scope of this Agreement, the CM shall within five (5)
days of being requested to perform such services, notify the City in writing of the CM's opinion that
they are extra services to this Agreement, the reason the CM believes they are outside the scope of
this Agreement, and the proposed costs, and time impact, if any, for the performance of same. The
City may direct the CM to proceed with such services pending a final determination as to the
compensation. In such case, the CM's right to consideration shall not be waived by proceeding as
directed.
4.8 City's Right to Reauire Documentation and Audit
The City may, as deemed necessary, require from the CM support and/or documentation for any
submission. Upon execution of the Agreement, the CM agrees that the City shall have unrestricted
access during normal working hours to all CM's records relating to this Project including hard copy as
well as electronic records for a period of three years after final completion.
ARTICLE V
GMP PROPOSAL AND ACCEPTANCE/REJECTION
5.1 Subcontract Bids
The CM shall open subcontract bids from the pre-approved list of potential subcontractors at a time
and place scheduled with the City's Project Coordinator and such other City Representatives in
attendance.
a) The CM shall provide a summation and analysis of the apparent low subcontract bids including
the identity of any apparent low subcontract bidders which the CM does not wish to employ. Such
identification and proposal of non-utilization by the CM shall require specific written reason for
same.
5.2 CM Fee. Profit. General Conditions. Continaencv
The CM shall propose the amount to be included in the GMP for the Construction Manager's General
Conditions costs and the Contingency as defined herein.
5.3 The sum of the totals of the two above paragraphs shall comprise the proposed GMP for the Project
and shall form the basis of negotiations between the CM and the City.
a} The City shall have the option of accepting or rejecting the GMP as presented by the CM.
Should the GMP be accepted, the GMP Amendment reflecting that acceptance will be
executed, and the Contract Price increased by the GMP amount. Should the GMP not be
17
accepted, the City may at its option:
i) Reject the GMP and direct the Architect/Engineer and CM to investigate, redesign,
develop for City approval value engineering possibilities, and other cost savings and
to re-submit a new, lesser, proposed GMP. This may at the City's option, include
reduction in scope. All to be done at no additional cost to be City.
ii) Reject the GMP, take possession of the plans and specifications, and bid the work to
a General Contractor or otherwise complete with other forces or take such action, if
any, that the City may detennlne is in its best interest. In this event, the CM shall not
perfonn nor be compensated for, any services on the Project beyond the agreed
Construction Manager's Fee herein. In the event any option under this
subparagraph is chosen by the City, the CM is obligated to immediately turnover to
the City all plans, specifications and other project related documentation.
iii) If and when accepted by the City, the GMP shall be formalized by the execution of
the GMP Amendment (Exhibit I).
Iv) The City shall determine, after each negotiation session, unless agreement is
reached, if further negotiations are warranted. If not, the negotiations shall be
declared not to be successful and the City shall take possession and ownership of all
documents produced for the Design and Bid Phase, pay the CM any remaining
undisputed Construction Manager's Fee, and proceed under the requirements noted
under this paragraph, and the City and CM shall be mutually released from any
further obligation each to the other.
v) The City shall have no obligation to accept the GMP Proposal of the CM regardless
of that Proposals' relationship to the Budget or the most current estimate or for any
other reason.
ARTICLE VI
TERMINATION
6.1 Termination for Cause
The City may terminate this Agreement for cause in the event that the CM (1) violates any provisions
of this Agreement or performs same in bad faith; or (2) unreasonably delays the performance of the
Services, and CM fails to cure same within thirty (30) days following written notice to CM. In that
event, such termination shall become effective upon seven (7) days written notice to CM.
6.1.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and
discretion, may take over the Services and complete them by contracting with another CM or
otherwise. In such event, the CM shall be liable to the City for any additional cost incurred by the City
due to such termination. "Additional Cost" is defined as the difference between the actual cost of
completion of such incomplete services, and the cost of completion of such Services which would
18
have resulted from payments to the CM hereunder had the Agreement not been terminated
6.1.2 Payment only for Services satisfactorily performed by the CM and accepted by the City prior
to receipt of a Notice of Termination for Cause, shall be made in accordance with this Article 6 herein
and the City shall have no further liability for compensation, expenses or fees to the CM.
6.1.3 Upon receipt of a written Notice ofTermination, the CM shall promptly assemble and submit
to the City, as provided herein or as required in the written notice, all documents, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by such
termination.
6.1.4 In the event of a termination for cause, no payments to the CM shall be made (1) for Services
not satisfactorily performed, as same shall be determined at the City's option and discretion; and (2)
for assembly of submittal of documents, as provided above.
6.2 Termination for Convenience
The City, in addition to the rights and options to Terminate for Cause, as set forth above, or any other
provisions set forth in this Agreement, retains the right to terminate this Agreement at its sole option,
at any time, for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to CM, in writing, fourteen (14) days
prior to termination.
6.2.1 In the event the City terminates the CM's services for its convenience, as provided herein, the
CM shall be compensated for all Services rendered up to the time of receipt of said written
termination notice, and for the assembly and submittal to the City of documents for the Services
performed, in accordance with Article 6 herein, and the City shall have no further liability for
compensation, expenses or fees to the CM, except as set forth in this Article 6.
6.3 Termination by CM
The CM may only terminate this Agreement for cause in the event that the City willfully violates any
provisions of this Agreement or unreasonably delays payment for the Services, and has failed to cure
same within thirty (30) days following written notice from the CM. In that event, CM may terminate
this Agreement upon written notice to the City, which termination shall become effective thirty (30)
days from the date of said Notice. In that event, payment for Services satisfactorily performed prior to
the date of termination shall be made in accordance with this Article 6.
6.3.1 . The CM shall have no right to terminate this Agreement for convenience of the CM.
6.4 ImDlementatlon of Termination
In the event of termination, either for cause or for convenience, the CM, upon receipt of the notice of
termination, shall (1) stop the performance of Services under this Agreement on the date and to the
extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for
any that may be authorized, in writing, by the City, prior to their occurrence; (3) terminate all orders
and subcontracts to the extent that they relate to the performance of the Services terminated by the
19
Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the
services performed, including drawings, calculations, specifications, correspondence, and all other
relevant materials affected by the termination; and (5) complete performance of any Services as shall
not have been terminated by the Notice of Termination and as specifically set forth therein.
6.5 Non-solicitation
The CM warrants that it has not employed or retained any company or person, other than an
employee working solely for the CM, to solicit or secure this Agreement; and that it has not paid, nor
agreed to pay any company or other person any fee, commission, gift or other consideration
contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has
the right to terminate this Agreement without liability to the CM for any reason whatsoever.
ARTICLE VII
INDEMNIFICATION
7.1 CM shall, at all times hereafter, indemnify, hold harmless and defend the City, its agents,
servants and employees from and against any claim, demand or cause of action of any kind or nature
arising out of the negligent act, error, or omission of CM, its agents, servants or employees in the
performance of services under this Agreement.
7.2 In the event that CM abandons this Agreement or causes it to be terminated by City, CM shall
indemnify, hold harmless and defend the City, its agents, servants and employees against any loss
pertaining to such termination.
7.3 CM hereby affirms that it shall be responsible for the acts, errors and omissions of its
Subcontractors and it shall indemnify, defend and save harmless the City, its agents. servants and
employees from any and all claims by third parties which may arise on account of services rendered
by CM's Subcontractors.
7.4 The provisions of this Section shall survive the expiration or earlier termination of this
Agreement.
ARTICLE VIII
MISCELLANEOUS
8.1 Ownership of Documents
All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs
and reports prepared or provided by CM in connection with this Agreement shall become the property
of the City, and shall be delivered by CM within ten (10) days after receipt of written notice. Any re-
use of documents by City without written verification or adaptation by CM for the specific purpose
intended will be without liability to CM.
8.2 Records
CM shall keep such records and accounts and require any and all CM and Subcontractors to keep
such records and accounts as may be necessary in order to record complete and correct,entries as to
20
personnel hours charged to the Project, and any expenses for which CMexpects to be reimbursed.
All books and records relative to the Project 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 all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will
be grounds for City's disallowance of any fees or expenses based upon such entries. All books and
records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept
by CM in accordance with such statutes.
8.3 Eaual Oooortunity Emolovment
8.3.1 CM agrees that it will not discriminate against any employee or applicant for employment for
work under this Agreement because of race, color, religion, sex, age, national origin, disability or
sexual orientation and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race, color, religion,
sex, age, national origin, or disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or compensation; and
selection for training, including apprenticeships. CM agrees to furnish City with a copy of its
Affirmative Action Policy.
8.4 Public Entity Crimes Act
In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or
affiliate who is a CM, 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 bid on leases of real property to the City, may not be awarded or perform work
as a CM, supplier, subcontractor, or subcontractor under a contract with the City, and may not
transact business with the City in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted
vendor list. Violation of this Section by CM shall result in cancellation and may result in CM's
debarment.
8.5 No Continuent Fee
CM warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for CM, 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 CM 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.
21
8.6 Asslanment
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered
by CM, under any circumstances, without the prior written consent of City.
8.7 Insurance
The CM shall comply throughout the term of this Agreement with the insurance requirements
stipulated herein. It is agreed by the parties that the CM shall not commence with work on the Project
until satisfactory proof of the following insurance coverage has been furnished to the City. The
Consultant will maintain in effect the following insurance coverage:
(a) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit
Bodily Injury and Property Damage coverage for each occurrence, which will include products,
completed operations, and contractual liability coverage. The City must be named as an additional
insured on this policy.
(b) Worker's compensation and employer's liability coverage within the statutory limits of the
State of Florida.
(c) Business Automobile Liability Insurance with minimum limits of one million
dOllars($1,OOO,OOO) per occurrence combined single limit for bodily injury liability and one million
dollars($1,ooO,000) per occurrence for property damage liability. Coverage must include owned
vehicles and hired non-owned vehicles. The City must be named an additional insured in this policy.
8.7.1 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial
modifICations in the insurance coverage, to the Project Coordinator.
8.7.2 CM shall provide to City a Certificate of Insurance or a copy of all insurance pOlicies required
by this Section. City reserves the right to require a certified copy of such poliCies upon request. All
certificates and endorsements required herein shall state that City shall be given thirty (30) days
written notice prior to expiration or cancellation of the policy. Should CM fail to obtain, maintain, or
renew the pOlicies of insurance referred to herein, in the required amounts, the City may, at its sole
discretion, obtain such insurance, and any sums expended by the City in obtaining same shall be
repaid byCM to City, plus ten percent (10%) of the amount of premiums paid to compensate City for
its administrative costs. If CM does not repay City's expenditures within fifteen (15) days of demand,
the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid and such failure
shall be deemed an event of default hereunder.
8.8 All Prior Aareements SUDerseded/Amendments
This document incorporates and includes 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 conceming the subject matter of this
Agreement that are not contained in this document. Accordingly, the parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or agreements whether oral
22
or written. It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
8.9 Notices
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
registered United States mail, return receipt requested, addressed to the party for whom it is intended
at the place last specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this paragraph. For the present, the
parties designate the following as the respective places for giving of notice:
FOR CITY OF MIAMI BEACH:
Jorge E. Chartrand
Director Capital Improvement Projects Office
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
FOR CONSTRUCTION MANAGER:
Daniel E. Whiteman Ph.D, President
Coastal Construction Company
5959 Blue Lagoon Drive
Suite 200
Miami, Florida, 33126
With a copy to:
Johnny Brown, Attorney
Coastal Construction Company
5959 Blue Lagoon Drive
Suite 200
Miami, Florida, 33126
8.10 Interpretation
The language of this Agreement has been agreed to by both parties to express their mutual intent and
no rule of strict construction shall be applied against either party hereto. The headings contained in
23
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
plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof,"
"hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence,
paragraph, or section where they appear, unless the context otherwise requires. Whenever reference
is made to a Section or Article of this Agreement, such reference is to the Section or Article as a
whole, including all of the subsections of such Section, unless the reference is made to a particular
subsection or subparagraph of such Section or Article.
8.11 Protection of Records
CM shall protect from harm and damage all data, drawings, specifications, designs, models,
photographs, reports, surveys and other data created or provided in connection with this Agreement
(collectively, City Property), while such data and materials are in CM's possession. Such duty may
include, but is not limited to, making back-up copies of all data stored by electronic device on any
media, taking reasonable actions to prevent damage by impending flood or storm (including, but not
limited to, removing the City Property to a safe location), and establishing and enforcing such security
measures as are reasonably available, considering the customary practice within CM's trade or
possession.
8.12 Exhibits and Attachments
In the event of conflict between the terms contains in this Agreement and the terms contained in any
of the documents attached or incorporated herein, the terms of this Agreement shall control and shall
be given full effect.
8.13 Observance of Laws
Throughout the term of this Agreement, the CM shall keep fully informed of all federal, state and local
laws, ordinances, codes, rules, and regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority which, in any manner, affect work authorized under the terms of this
Agreement, and shall further take into account all known pending changes to the foregoing of which it
should be reasonably aware.. TheCM shall at all times observe and comply with all such laws,
ordinances, regulations, orders, and decrees.
8.14 Aareement Severable: No Waiver
In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the
remaining provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a
subsequent breach of the same by the other party.
8.15 City's OWn Forces
The City reserves the right to perform construction and operations related to the Project with the City's
own forces, and to award contracts in connection with the Project which are not part of the CM's
24
responsibilities under this Agreement.
8.16 GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be govemed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive
venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state
court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, CM AND CITY EXPRESSL YWAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
8.17 Limitation of Liabllitv
8.17.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on
City's liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the Fee paid to CM herein, less any
sums paid by the City. CM hereby expresses its willingness to enter into this Agreement with CM's
recovery from the City for any damage action for breach of contract to be limited to a maximum the
Fee paid to CM herein, less any sums paid by the City.
8.17.2 Accordingly, and notwithstanding any other term or condition of this Agreement, CM hereby
agrees that the City shall not be liable to CM for damages in an amount in excess the Fee paid to the
CM herein, less any sums paid by the City, for any action or claim for breach of contract arising out of
the performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this subparagraph or elsewhere in this Agreement is in anyway intended to be a
waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
(Remainder of this page left intentionally blank)
25
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above
written.
ATTEST:
Robert Parcher, City Clerk
ATTEST:
By:
Secretary
Print Name
THE CITY OF MIAMI BEACH
David Dermer, Mayor
COASTAL CONSTRUCTION OF MONROE INC., D/B/A
COASTAL CONSTRUCTION COMPANY
Florida Contractor License: CGCB08060
By:
President
Print Name
26
EXHIBIT I
"EXHIBIT I" TO CONSTRUCTION MANAGER AT RISK AGREEMENT
DRAFT GMP AMENDMENT
THIS GMP AMENDMENT, made and entered into as of this_day of , (AGMP
Amendmenr) amends that certain Agreement between Owner, the CITY OF MIAMI BEACH, FLORIDA (also,
City) and Construction Manager, COASTAL CONSTRUCTION OF MONROE INC., COASTAL
CONSTRUCTION COMPANY (hereinafter Construction Manager or CM), made as of the day
of I for the following described Project:
Normandy Shores Goff Course Restroom Buildings # 1
Normandy Shores Golf Course Restroom Buildings # 2
WHEREAS, the Owner and the Construction Manager have agreed to amend the Agreement in the
manner set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, in the
Agreement and the other Contract Documents and for such other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the Owner and the Construction Manager do hereby agree
as follows:
1. This GMP Amendment is executed in connection with, and is deemed to be part of the Agreement
and the Contract Documents. Wherever the terms of this GMP Amendment and the terms of the Contract
Documents are in conflict, the terms of this GMP Amendment shall govem and control. The terms used
herein, unless otherwise defined in this GMP Amendment, shall have the meanings ascribed to them in the
Contract Documents.
2. The following are hereby incorporated into the Contract Documents and made part thereof:
a. The drawings listed on Attachment I, attached hereto, which drawings are made a
part of the Contract Documents by this reference (the "Drawings"); and
b. The specifications listed on Attachment II, attached hereto, which specifications are
made a part of the Contract Documents by this reference (the "Specifications"); and
c. Those documents listed on Attachment III, Additional Contract Documents,
attached hereto, are made a part of the Contract Documents by this reference.
d. Those documents listed on Attachment IV, Construction Manager's Wage
Schedule, attached hereto, are made a part of the Contract Documents by this
reference.
27
e. The Scope of the Work for the Project, is hereby incorporated into the Work.
f. The date of Commencement for the construction of Project shall be
(the "Date of CommencemenF).
g. The Construction Manager shall achieve Substantial Completion of the Work for this
Project no later than _ days from the Date of Commencement (the .Contract
Time", and final completion not later than _ days from the date of Substantial
Completion. Failure to meet either the Substantial Completion or Final Completion
dates shall be a material breach of this Agreement.
h. The City and the Construction M~nager acknowledge and agree that the City will
suffer damages if the Construction Manager fails to achieve Substantial Completion
of the Work for this Project, on or before the expiration of the Contract Time, which
damages are difficult, if not impossible, to ascertain with any degree of certainty.
Accordingly, if the Construction Manager fails to achieve Substantial Completion of
the Work for this Project on or before the expiration of the Contract Time, liquidated
damages ( which are not intended as penalty) shall be assessed against the
Construction Manager in an amount to be calculated in accordance with the Contract
Documents, using the GMP agreed for this Work in this Exhibit as the basis for
calculation. This will occur by virtue of the Construction Manager's failure to achieve
Substantial Completion of the Project within the Contract Time.
i. The Guaranteed Maximum Price for the Project, is hereby guaranteed by the
Construction Manager not to exceed the sum of (the "Project
GMP"). based upon the entire Scope of the Work as described in the Contract
Documents, including, but not limited to. the Drawings and the Specifications,
subject only to additions and deductions by Contract Amendment(s) or Construction
Change Directive, as provided in the Contract Documents. The GMP is more
particularly itemized in the Schedule of Values prepared in accordance with the
terms of the Agreement, which Schedule of Values is attached hereto and made a
part of the Contract Documents by this reference. Included in the Schedule of
Values and specifically identified herein, the Contingency included in the Guaranteed
Maximum Price is the amount of
j. The Construction Manager shall provide Commercial General Liability Insurance,
Automobile Liability Insurance, Worker's Compensation Insurance, and Builder's
Risk Insurance, in compliance with the provisions of Article II, Insurance and Bonds
of the General Conditions of the Contract for Construction.
k. The Construction Manager shall provide the Public Construction Payment Bond and
the Public Construction Performance and Guarantee Bond, in compliance with the
28
provisions of Article II, Insurance and Bonds of the General Conditions of the
Contract for Construction.
I. By executing this GMP Amendment, the Construction Manager acknowledges that it
has ascertained all correct locations for points of connection for all utilities, if any,
required for this Project: and has identified all clarifications and qualifications for this
Project, if any.
m. The Construction Manager's on site management and supervisory personnel for this
Project shall be set forth herein, and incorporated as an exhibit to this Agreement.
n. To the extent that the Owner has authorized the Construction Manager, in writing, to
perform the Work for this Project with the Construction Manager's own forces. the
salary and wage schedule for the Construction Manager's personnel performing
such portion of the Work, agreed upon by the City and the Construction Manager,
shall be as set forth on Attachment IV, attached hereto, and is made a part of the
Contract Documents by this reference. The Construction Manager warrants and
represents that the salary and wage schedule includes the lowest comparable
market rates (including any and all benefits, contributions and insurance) charged
by the Construction Manager for comparable contracts to other business and
individuals for similar services, and that such rates are not higher than the standard
paid for this Project.
o. The Construction schedule for this Project is set forth on Attachment V, attached
hereto, are made a part hereof by this reference.
p. Except as expressly provided herein above all of the terms, conditions, covenants,
agreements and understandings contained in the Contract Documents shall remain
unchanged and in full force and effect, and the same hereby expressly ratified and
confirmed by the Owner and Construction Manager.
q. This Amendment may be executed in several counterparts, each of which shall be
deemed an original but all of which shall constitute one and the same instrument.
29
IN WITNESS WHEREOF, the parties have affixed theIr signatures, effective on the date first written
above.
FOR CITY:
CITY OF MIAMI BEACH
ATTEST:
By:
By:
City Clerk
Mayor
FOR CONSTRUCTION
MANAGER AT -RISK:
COASTAL CONSTRUCTION OF MONROE INC., D/B/A
COASTAL CONSTRUCTION COMPANY
Florida Contractor license: CGCB08060
ATTEST:
By:
Secretary
By:
President
Print Name
Print Name
30
ATTACHMENT I
ATTACHMENT II
ATTACHMENT III
ATTACHMENT IV
ATTACHMENT V
CONTRACT DOCUMENTS:
THE DRAWINGS
CONTRACT DOCUMENTS:
THE SPECIFICATIONS
CONTRACT DOCUMENTS:
GENERAL AND SUPPLEMENTARY CONDITIONS
CONTRACT DOCUMENTS:
CONSTRUCTION MANAGER'S WAGE SCHEDULE
CONTRACT DOCUMENTS:
CONSTRUCTION SCHEDULE
31
EXHIBIT II
SCHEDULE
32
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EXHIBIT III
DECLARATION
33
OECLARA rlON
TO: City of Miami Beach
City Hall
1700 Convention Center Drive
Procurement Division
Miami Beach, Florida 33139
Submitted this :5 n-I day of 1U(l,( I
JtJxjJ .
,200~.
The undersigned, as consultant, declares that the only persons interested in this proposal are
named herein; that no other person has any interest in this responses or in the Contract to
which this response pertains; that this response is made without connection or arrangement
with any other person; and that this response is in every respect fair and made in good faith,
without collusion or fraud.
The consultant agrees if this response is accepted, to execute an appropriate City of Miami
Beach document for the purpose of establishing a formal contractual relationship between the
consultant and the City of Miami Beach,. Florida, for the performance of all requirements to
which the response pertains.
The consultant states that the response is based upon the documents identified by the following
number:
q;SQ
SIGNA rURE
E
PRINTED NAME
n
~
'U
.~
-',..'1
-.
."-
;-~
:::D
;""71
'....:::J ~ !.
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,I
EXHIBIT IV
Sworn Statement Section 287.133(3) (a) FS on Public Entity Crimes
34
SWORN STATEMENT UNDER SECTION
287.133(3)(a), FLORIDA STATUTES. ON
PUBLIc ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to Coastal Construction ofMonroe.lnc. d/b/a Coastal Construction Comoanv
[print name of public entity]
By Daniel E. Whiteman. President
[print individual's name and title]
For Coastal Construction of Monroe, Inc. d/b/a Coastal Construction Comoanv
[print name of entity submitting sworn statement]
whose business address is 5959 Blue Lagoon Drive. Suite 200 Miami. Florida 33126
and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0802683 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
1.
.)
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes. means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any business with any public entity
or with an agency or political subdivision of any other state or of the United States,
including, but not limited to, any bid or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy,
or material misrepresentation.
I understand that "convicted II or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes. rneans a finding of guilt or a conviction of a public entity crime, with
or without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a JUry
verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida
Statutes. means:
2.
3.
1)
2)
A predecessor or successor of a person convicted of a public entity crime; or
An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an
affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not
for fair market value under an arm's length agreement, shall be a prima facie case
that one person controls another person. A person who knowingly enters into a
joint venture with a person who has been convicted of a public entity crime in
Florida during the preceding 36 rnonths shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services let by a public entity,
or which otherwise transacts or applies .to transact business with a public entity. Tlie
term "person" includes those officers,. directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [indicate which statement
applies.]
X Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to Jury 1, 1989.
X The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, mernbers or agents
who are active in management of the entiw, or an affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
X The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents
who are active in the manaQernent of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final
Order entered by the hearing Officer determined that it was not in the public
interest to place the entity submitting this sworn statement on the convicted
vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE HRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES F CATEGORY TWO OF
ANY CHANGE IN THE INFORMA TIO HI. M
5)
6)
Sworn to and subscribed before me this
2~
Personally known ~
OR Produced identification
~Jl-l
[signature]
daYOfJUC{A ,/
I
(Type of Identification)
.....,.
Notary Public - State of .q oP I rf) 4. )
My commission expires 10 lId( ok'.
~J\. NIcole Menn
I ^--\=-Y..i My CommilSiOn 003811153
V - -'" ExpIreS October 12. 2001
missioned name of Notary Public)
{Printed typed or stamped
EXHIBIT V
QUESTIONNAIRE
35
QUESTIONNAIRE
Consultant's Name:
Coastal Construction of Monroe. Inc. d/b/a Coastal Construction Company
Principal Office Address:
5959 Blue Lacoon Drive. Suite 200
Miami. Florida 33126
Official Representative:
Daniel E. Whiteman. Ph.D. President
Individual
Partnership (Circle One)
Corporation
If a Corporation, answer this: .
When Incorporated:
1988
In what State:
Florida
If a ForeiGn COl'Doration:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Daniel E. Whiteman. Ph.D
Vice-President's Name:
Thomas C. Murphy and Sean M. Murphy
Treasurer's Name:
Ken R. Alderman
Members of Board of Directors
Thomas P. Murphy. Jr.
Questionnaire (continued)
If a Partnership:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating Construction
Management business: 18
2. Have any agreements held by Consultant for a project ever been canceled?
Ves ( ) No (X)
If yes, give details on a separate sheet
3. Has the Consultant or any principals of the applicant organization failed to
qualify as a responsible Bidder, refused to enter into a contract after an
award has been made, failed to complete a contract during the past five (5)
years, or been declared to be in default in any contract in the last 5 years?
If yes, please explain:
No.
Questionnaire (continued)
4. Has the Consultant or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership? Ves ( ) No (X)
If yes, give date, court jurisdiction, action taken, and any other explanation
deemed necessary on a separate sheet
5. Person or persons interested in this bid and Qualification Form have ( )
have not (X) been convicted by a Federal, State, County, or Municipal Court
of any violation of law, other than traffic violations. To include
stockholders over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
B. List all judgments from lawsuits in the last five (5) years:
None.
C. List any criminal violations and/or convictions of the Consultant
and/or any of its principals:
N/A
7. Conflicts of Interest The following relationships are the only potential,
actual, or perceived conflicts of interest in connection with this proposal: (If
none, state same.)
None.
8. Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association or
relationships which would constitute a conflict of interest, either actual or
perceived, with any Consultant and/or individuals and entities comprising or
representing such Consultant, and in an attempt to ensure full and complete
disclosure regarding this contract, all Consultants are required to disclose all
persons and entities who may be involved with this Proposal. This list shall
include public relation firms, lawyers and lobbyists. The Procurement Division
shall be notified in writing if any person or entity is added to this list after receipt
of proposals.
Public Relations
Kreos DeMaria. Inc.
1501 Venera Ave.. Ste. 310
Coral Gables. FI 33146
(305}663-3543lExt. 13)
lawyers
Katz. Barron. Sauitero & Faust. P.A.
2699 South Bavshore Drive
Seventh Floor
Miami. FL 33133-5408
Welbaum. Guernsev. Hinaston. Greenleaf. Greaorv. Black & Rune. LLP
Penthouse Suite
901. Ponce De Leon Boulevard
Coral Gables. FL 33134
Lobbvists
None
-
Questionnaire (continued)
The Consultant understands that information contained in this Questionnaire will
be relied upon by the City in awarding the proposed Agreement and.. such.
information is warranted by the Consultant to be true. The undersigned
Consultant agrees to furnish such additional information, prior to acceptance of
any proposal relating to the qualifications of the Consultant, as may be required
by the City Manager. The Consultant further understands that the information
contained in this questionnaire may be confirmed through a background
investigation conducted by the Miami Beach Police Department. By submitting
this questionnaire the Consultant agrees to cooperate with this investigation,
including but not necessarily limited to fingerprinting and providing information
for credit check.
WITNESS:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESS:
IF PARTNERSHIP:
Print Name of Firm
Signature
Print Name
Address
By:
General Partner
Print Name
IF CORPORATION:
Coastal Construction of Monroe. Inc.
d/b/a Coastal Construction ComDanv
Print Name of Corporation
5959 Blue La 00 r #200 Miarni FL 33126
Address
(CORPORATE SEAL)
. President
Attest~." c;?A/k<~
EXHIBIT VI
INSURANCE CHECKLIST
36
INSURANCE
Successful Consultant shall obtain, provide and maintain during the term of the
Agreement the following types and amounts of insurance as indicated on the
Insurance Checklist which shall be maintained with insurers licensed to sell
insurance in the State of Florida and have a B+ VI or higher rating in the latest
edition of AM Best's Insurance Guide. Name the City of Miami Beach as an
additional insured on aI/liability policies required by this contract. When naming
the City of Miami Beach as an additional insured onto your policies, the
insurance companies hereby agree and will endorse the pOlicies to state that the
City will not be liable for the payment of any premiums or assessments.
Any exceptions to these requirements must be approved by the City's Risk
Management Deparbnent.
FAILURE TO PROCURE INSURANCE:
Successful consultant's failure to procure or maintain required insurance
program shall constitute a material breach of Agreement under which City may
immediately terminate the proposed Agreement.
DEBARMENT ORDINANCE
Proposers are hereby advised that all City Projects are further subject to City of
Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are
strongly advised to review the City's Debarment Ordinance. Debarment may
constitute grounds for termination of the contract, as well as, disqualification from
consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid.
PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS
It is of utmost importance that you familiarize yourself and adhere to the
requirements set forth in the City's Vendor Prohibited Campaign Contributions
Ordinance No. 2003-3389 (the "Ordinance"). FAILURE TO ADHERE COULD
RESULT IN YOUR DISQUALIFICATION FROM TRANSACTING BUSINESS
WITH THE CITY FOR A PERIOD OF TIME.
The Ordinance was adopted to ensure that no person who is a vendor of the City
of Miami Beach, gives a campaign contribution directly, or through a member of
the person's immediate family, or through a political action committee, or through
any other person, to a candidate, or to the campaign committee of a candidate,
for the offices of Mayor or Commissioner. This prohibition applies to natural
persons and to persons who hold a controlling financial interest in business
entities. The definitions of "vendor" and "controlling financial interesf' are as
follows:
"Vendor" means a person and/or entity who has been selected by the City as the
successful bidder on a present or pending bid for goods, equipment or services,
or has been approved by the City on a present or pending award for goods,
equipment or services, prior to or upon execution of a contract, purchase order or
standing order.
"Controlling Financial Interest" means the ownership, directly or indirectly, of 10%
or more of the outstanding capital stock in any corporation or a direct or indirect
interest of 10% or more in a firm. "Firm" means a corporation, partnership,
business trust or any legal entity other than a natural person.
CODE OF BUSINESS ETHICS
Pursuant to Resolution NO.2000 23879 each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit
that Code to the Procurement Division with your bid/response or within five days
upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City Code.
AMERICAN WITH DISABILITIES ACT
Call 305-673-7490NOICE to request material in accessible format; sign
language interpreters (five days in advance when possible), or information on
access for persons with disabilities. For more information on ADA compliance
please call Heidi Johnson Wright, Public Works Department, at 305-673-7080.
ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to
any official, employee, or agent of the City, for the purpose of influencing
consideration of this proposal.
Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall
accept any gift, favor or service that might reasonably tend improperly to
influence himlher in the discharge of hislher official duties.
INSURANCE CHECK LIST
xxx 1. Workers' Compensation and Employer's Liability per the statutory limits of
the state of Florida.
xxx 2. Comprehensive General Liability (occurrence form), limits of liability I
1.000.000.00 per occurrence for bodily injury property damage to include
Premises/ Operations; Products, Completed Operations and Contractual
Liability. Contractual Liability and Contractual Indemnity (Hold harmless
endorsement exactly as written in "insurance requirements" of
specifications).
XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4. Excess Liability - $
coverages.
. 00 per occurrence to follow the primary
xxx 5. The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6. Other Insurance as indicated:
--
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
$
$
$
$
$
.00
.00
.00
.00
.00
xxx Professional Liability
$1.000.000 .00 N/A
xxx 7. Thirty (30) days written cancellation notice required.
xxx 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence
of this insurance may be required within five (5) days aft roposal opening.
Coastal Construction of Monroe. Inc.
d/b/a Coastal Construction ComDanv
Vendor
Signature of Vendor
SECTION VII - DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
-
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID 04 DATI! (r.tNIlD/YVYY)
COASTI0 07/26/06
PRODU<:ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown , Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATE
5900 N. Andrews Ave. 41300 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Lauderdale FL 33310-5727 .
Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE NAIC #
t1SURED INSlFlER A: .>:1119-'J.8101 _l"rno 1ao. e..- 10701
Coastal Construction of Monroe INSl.flER B.
IDe. dba INSlFlER c:
coastal Construction c~an!
~59 Blue La~oon Drive-S e 00 INSUl:ER 0:
ami FL 331 6
INSLRER E:
COVERAGES
J''-'
TIE POLICIES ~ INSlJAA/'CE LISTED BELOW HAVE BEEN ISSUED TO TIE INSUREO NAMED ,o.aQVE FOR TIE POLICY PERIOD INDICATED. NOTWlTHSTANOING
#tf REQUIREMENT. TERM OR C()II[)fTION OF ANY CONTRACT OR OTH:R DOCl.t.lENT WITH RESPECT TO WHICH lHlS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. 1HE INSURANCE AFFORDED BY T1-E POLICIES DESCRIBED t-EREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS IWJ CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
LTR INSRii TYPE OF INSURANCE POUCY Nl.IMBER DATI! (MMJODrtYi DATI! MMIllOIYYI UMml
GENERAL LlABLrrY EACH OCCURRENCE $
I--
COMlERCIAL GENERAl. LIABILITY PREMISES lEa OCCll'ef1CeI $
I-- ~ CLAIMS MADE 0 OCClJl
I-- I/IED EXP (Anyone persoo) $
~ PE~ & I'DV IN..lRY ,
I-- GENERAl.. AGGREGATE $
GENt. AGGREGATE LIMIT .APPLIES PER: PRODUCTS - COIoPIOP AGG $
h POLICY n ~8T n LOC
AUTOMOBILE LlA8LrrY COMBIIED SINGlE LIMIT
~ $
/lNY AUTO (Ea accident)
-
ALL O'MEO JVJTOS BOOIL Y IN.AJRY
- ,
SCtEllLlEO JVJTOS (Per pers(I'I)
-
HIRED AUTOS BOOll Y INJURY
- $
~DAUTOS (Per accidort)
-
PROPERTY DAMAGE $
(Per acc;dortl
Q,I,RA(;E UA8IUTY AUTO ON!. Y . EA ACCIDENT $
=i#tfAUTO OTH:R'THAN EA ACC $
AUTO eN. Y: AOO $
EllCESIIAlMIREI.LA LIABIJTY EACH OCClJRRENCE $
tJ OC~ o CLAIMS Mi\DE AGGREGATE $
$
R llEDOCTlBLE . $
RETENllON $ $
WORI<ERS COMPENSATION AND X IrORYLIMITS I IV&
A EftI'LO'WERS' LIABIJTY 83020866 04/01/06 04/01/07
/lNY PROPRIETOR/PAR'TI'EFlIEXECUTlvE E.L. EACH ACCIDENT $ 1000000
OFFICERIt.EI.t3ER EXCLUDED'> E.L. DISEASE - EA El>f'LOYEE $ 1000000
=. d9sc1ibe I.nder
I;CIAL PRQVISIONS. below H DISEASE - POLICY LIMIT $ 1000000
OTHER
DESCRlP1ION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMEHI' / SPECIAl. PROVISIONS
*10 day notice of cancellation applie$ to non-payment of premium.
CERTIFICATE HOLDER
CANCELLATION
MIAMJ:BE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATI! THEREOF, '!liE ISSUING tlSURER WLL ENDEAVOR TO MAIL "30 DAYS WRITTEN
-
City of Mi~ Beach NOTICE TO THE CERTIFICATI! HOlDER NAMED TO THE LEFT. BUT FALURE TO DO SO SHALL
1700 convention Center Drive "'OE NO OBLIGATION OR l.IABI.l1Y OF ANY KIND UPON '!liE INSURER. rrs AGENTS OR
Miami Beach F.L 33139 REPRESENTATIVES.
AUTHOR /#'1 SE~TIVE ..".
"" , .'"
. .- ...
ACORD 25 (2001/0B}
@ACORDCORPORATION1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
,-
ACORD 25 (2OO1/08)
ACORD;." CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE
07/25/2006
PRODIJCI!A 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willi. North Aaeric., Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
, 26 Celltury Blvel. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Na.hville, '1'N 372305191 INSURERS AFFORDING COVERAGE NAlct
INSURED Coa.tal Con.tructioll of Honroe, :tile. INSlIRERA: Crua . For.ter S...cialtv :tllllUruce CDlDDU 44520-001
Attn. Kichelle Liauw INSURERB: Wau.au Underwriter. IllllUrallce C~aIlv 210U-00l
5959 Blue Lagooll Drive/2lld Ploor INSURERC: .llluricu -ire SUrnlu. Li.... In.urance C
Hi ami , J'L 33121 35351-001
INSURERD: Lexinaton In.urance C""'anv UU7-002
I INSURERE: :tn.urance CQJIIDaIlV of tl1e State of PeJ1l1l1Vl 1.942'-001
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.
IFfE
TYPE 01' INSURANCE
GENERAL UA8ILITY
COMMERCIAl. GENERAL UABlLITY
ClAIMS MADE [i] OCCUR
POUCY NUMBER
I
MEDEXP
PERSONAl. &NJV INJURY
GENERALAGGREGATE
PRODUCTS- COMP/OP AGG
A
GLO091156
B
LOC
ASJZ91437644016
5/15/2006 5/15/2007 COMIlINEDSINGLEUMIT
lea 1ICdcIenl)
S 1,000,000
BODl.VINJURY
(Per person)
s
BOOll V INJURY
(Pereccldent)
s
PROPERTY DAMAGE
(Perecddenl)
s
GIlRAGIE UAIIILITY
ANY AUTO
OTHERTHAN
AUTO ONLY:
ALlTOONLY-EAACCIDENT S
EAACC S
AGG S
S
S
S
S
S
c
UC~UAlllurr 6BX07611
X OCCUR 0 CLAIMS MADE
5/15/2006
5/15/2007
EACH OCCURRENCE
AGGREGATE
DEO\lCnBlE
RETENT10N S
WORKERSCOIIPENllATIOH AND
EMPLOVIRI'LIMlUTY
ANY PROPRIETORIPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED?
g~~NSbelllW
01lIER
&xc... Liability
T I Oi!lt
E.L. EACH ACCIDENT S
E.L DISEASE - EA EMPLOYEE S
E.L DISEASE - POLICY UMfT S
$15,000,000. &xc... of
$5,000,000. Primary
D
B
5 5
8766830
2
5/15/2006
5
5/15/2007
DUCRII'TION OI'OPERATIOHSlLOCATIOIISlVEHlCLUIEXCLUSIOHS ADDED BY ENDORSEMEHTIIPEC~LPROVI8IONS
CERTIFICATE HOLDER
City of Xillllli Beach
Building Department
1700 Convention Center Drive
City Hall 2nd Floor
Hi_i Beach, PI. 33139
CANCELLATION
SHOULD ANY OF THE AIIOVE OESCR_ED POLICIU BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRlTnN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LDT, BUT FAILURE TO DO 110 SHALL
IMPOsE NO OBLIGATION OR LlAlllurr OF ANY KIND UPON THE "'SURER,ITII AGENTS OR
REPIU!lIENTATlVES.
AU REPRESENTA
ACORD 25 (2001/08)
Col1:1697441 Tpl:496893 Cert:7549475
@ACORD CORPORA nON 1988
Page 2 o.f 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the poIicy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Coll:1697441 Tpl:496893 Cert:7549475
EXHIBIT VII
AlE AGREEMENT
37
EXHIBIT VIII
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
38
EXHIBIT IX
BEST VALUE AMENDMENT
The Construction Manager agrees to abide by all the required documentation of the City's
Performance Information Procurement System and submit the weekly reports.
39
EXHIBIT X
PROPOSAL DOCUMENTS
F:\CAPI\$aII\GRACE\General Project Info\Normandy Shores Clubhouse\Coastal Construction\Coastal Pre Construction Services
Agreement Restroom Buildings 7-25-06.doc
40
Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE F
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
See attached General Conditions of the Construction Contract
32
00800. GENERAL CONDITIONS:
1. Proiect Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any govemmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: XX-XX/XX
DATE: 07/20/06
CITY OF MIAMI BEACH
1
00800. GENERAL CONDITIONS:
1. Proiect Manual:
1.1 . The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be fumished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expreSSly set forth within the Contract
Documents.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
1
3. Preliminarv Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[Xl Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
utility relocation, provided, however, neither CONSULTANT nor
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
2
3. Preliminarv Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
utility relocation, provided, however, neither CONSULTANT nor
BID NO: XX-XXJXX
DATE: 07120/06
CITY OF MIAMI BEACH
2
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: XX-XXIXX
DATE: 07/1.0/06
CITY OF MIAMI BEACH
3
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Pavment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
3
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1 lea), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond{s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such altemate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,OOO.OO):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
4
y.....
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate FOrm of Securitv:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Suretv
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
4
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however,. that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected. by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratinas Cateaorv
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
5
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111 ). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is publiShed
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratinas Cateaorv
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class HI
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
BID NO: XX-XXIXX
DATE: 07110/06
CITY OF MIAMI BEACH
5
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Reouirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. 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:
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
6
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance ReQuirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. 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:
BID NO: XX-XX/XX
DATE: 07120/06
CITY OF MIAMI BEACH
6
7.1.1 .1. ~l11ployers' LiabiHtYY'1it~.. a limit of Qn~L'MnliP#:P~II'r$
111,()PO~OltQ,;QQ}091l~1'$($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2.Comp~eh~nsiveG~r1eral > ~iability with minimum limits of PrlG
l1/IJOip.i1ili;gQJJ~~:.r($~~Qg9,g90.9Q) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[X] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[Xl 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X] 7.1.2.5. Broad Form Property Damage.
[X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
speCific Contract, induding any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[ X] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
7
7.1.1.1. (:mployers'. Liability \!Vith.. a limit of Q"~ljJO~i'lb.glJ~~
($:~\QQQ,lQb~PQ) PQ!I~..s{$) each accident.
7.1 .1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7 .1.2,c;olT1prehensi~eGent!r~1 Liability with minimum limits ofQP'~
Mitn~tlgpU~~($1~PPP,POQ~OQ) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[X] 7.1.2.3. Products and/or Completed Operations for contracts _
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X] 7.1.2.5. Broad Form Property Damage.
[ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[X] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
7
7 .1.3'l3usin~ss Autom()bUe Liability with minimum limits of Q"~::MOIJ9f1
()q"i;~,"$1ipQP:~PQQ;$9) 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:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
Hired and Non-Owned Vehicles.
7.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
[ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty-Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value, H
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
8
7 .1.3.~usi~~~~ALJt()m9bile. }..iability with minimum limits of Q6i,MiOlQrl
QQn'~':($1'~POOjOQ()~0'(.l} 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:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
Hired and Non-Owned Vehicles.
7.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
[X] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance-When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: XX-XX/XX
DATE: 07120/06
CITY OF MIAMI BEACH
8
7.1.5.1. Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2. Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction-The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
9
7.1.5.1.
Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2.
Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction-The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall fumish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
9
9. Rovalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and ImDact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City andfor Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
10
9. Rovalties and Patents:
All fees, royalties, and claims for any invention. or pretended inventions, or
patent of any article, material. arrangement, appliance. or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances. are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and Imoact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
10
12. Resolution of Disoutes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
partiCipate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
11
12. Resolution of Disoutes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party Objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final.Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
BID NO: XX-XXIXX
DATE: 07120106
CITY OF MIAMI BEACH
11
13. Insoection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSUL T ANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Suoerintendence and Suoervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
12
13. Insoection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to penn it deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written pennission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Suoerintendence and Suoervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
12
assistants, all satisfactory to CONSULTANT. The superintendent shall not
be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
13
assistants, all satisfactory to CONSULTANT. The superintendent shall not
be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
13
15. CITY's Riaht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. .A11 damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
14
15. CITY's Richt to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers alid equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
decfared bankrupt. or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any furtner payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
14
15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riaht to StoD Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is basecl, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assianment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
15
15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riaht to Stoe Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assianment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
IS
18. Riahts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
16
18. -Riahts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSUL T ANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
16
20. Plans and Workina Drawinas:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govem.
21. CONTRACTOR to Check Plans. Soecifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Resoonsibilitv for Damaaes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23.
Warranty:
lJ'-'"
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
17
20. Plans and Workina Drawings:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Seecifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Reseonsibilitv for Damaaes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and'supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23.
Warrantv:
."-
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
BID NO: XX-XX/XX
DATE: 07120/06
CITY OF MIAMI BEACH
17
24. Supolementary Drawinas:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
18
24. Suoolementarv Drawinas:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work, .
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals,corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
BID NO: XX-XX/XX
DATE: 07120/06
CITY OF MIAMI BEACH
18
25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
...~
[] 27.4. CONTRACTOR shall perform the Work with its own organization.
amounting to not less than % percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
BID NO: XX~XXIXX
DATE: 07/20106
CITY OF MIAMI BEACH
19
25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than % percent of the Contract Price.
28. Seoarate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
19
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
20
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Comoleted Portions:
-
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
-
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
20
29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall fumish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Leaal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
BID NO: XX-XXJXX
DATE: 07120/06
CITY OF MIAMI BEACH
21
29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
-
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Lecal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
21
close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and DamaQe to ExistinQ Facilities. EQuicment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
-
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
22
close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and OamaQe to ExistinQ Facilities. EQuipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
, CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
publiC and private utility providers occupying the . right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
22
33. Value Enaineerina:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuina the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
..-
35. Chanaes in the Work or Terms of Contract Documents:
35.1. 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.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
23
33. Value Enaineerina:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSUL T ANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to fumish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuim;l the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements conceming a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Chances in the Work or Terms of Contract Documents:
-
35.1. 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.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
23
such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Chance Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time; and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
BID NO: XX-XXIXX
DATE: 07/20106
CITY OF MIAMI BEACH
24
such change. This section shall not prohibit the issuance of Change
. Orders executed only by CITY as hereinafter provided.
36. Field Orders and Suoolemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Chanae Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
24
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chance Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07120/06 25
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chanae Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7. ....
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not indude any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
. Change. Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120/06 25
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120106 26
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment fumished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120/06 26
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work. except for local travel to and from the
site of the work..
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work., and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2~5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work..
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120/06 27
employed-for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: XX-XX/XX CITY OF MIAMI BEACH
DATE: 07120/06 27
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
-
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120/06 28
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
..........
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120/06 28
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.4.2.3.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
29
one half percent (7 .5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.4.2.3.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
29
39. Notification and Claim for Change of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaaes for Delav:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
30
39. Notification and Claim for Chance of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination. of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICAllY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHAll
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaoes for Delav:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited' to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: XX-XXIXX
DATE: 07120106
CITY OF MIAMI BEACH
30
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delav: Compensable: Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 .hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
31
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delav: Compensable: Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
31
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Comoletion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
32
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Comoletion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
32
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shoo Drawinas:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall indude
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within twenty-
one (21) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANrs
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
33
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. ShOD Drawinas:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements. CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSUL T ANT shall review and approve Shop Drawings within twenty-
one (21) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
33
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in in~.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Lavout of the Work and Record Drawinas:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, hand holes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACT9R shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
34
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibil.ity to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSUL TANrs approval at the jOb site at all times.
45. Field Lavout of the Work and Record Drawinas:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, hand holes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: XX-XXIXX
DATE: 07/20/06
CITY OF MIAMI BEACH
34
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safetv and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage. injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly. in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable. shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
35
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1 . All employees on the work site and other persons who may be
affected thereby;
46.1 .2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: XX-XXlXX
DATE: 07/20/06
CITY OF MIAMI BEACH
3S
[X] 47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment bv CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane waming or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as noncompensable,
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120106 36
[X] 47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Pavment bv CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sign:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same;
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as noncompensable,
BID NO: XX-XXIXX CITY OF MIAMI BEACH
DATE: 07120/06 36
excusable delay, and shall not give rise to a claim for compensable delay.
51. Clean in a Uo: City's Riaht to Clean Uo:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to be just.
52. Removal of Eauioment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination. Eaual Emolovment Oooortunity. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions .of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
37
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina Uo: Citv's Riaht to Clean Uo:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSUL T ANT shall determine to be just.
52. Removal of Eauioment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination. Eaual Emolovment Oooortunitv. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
BID NO: XX-XXIXX
DATE: 07/20106
CITY OF MIAMI BEACH
37
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: XX-XXIXX
DATE: 071.Z0/06
CITY OF MIAMI BEACH
38
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
. books and records upon seventy-two (72) hours written notice.
BID NO: XX-XXIXX
DATE: 07120/06
CITY OF MIAMI BEACH
38
Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE G
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
See Attached Insurance and other Sworn Affidavits.
33
Escalante, Grace
Page 1 of 1
From: Leonard, Clifton
Sent: Wednesday, July 19, 2006 8:45 AM
To: Escalante, Grace
Subject: RE: Normandy Shores Golf Course
This is approved. Print a copy of this email and attach to the certificate.
Cliff
- From: Escalante, Grace
Sent: Wednesday, July 19, 2006 7:37 AM
To: Leonard, Clifton
- SUbject: FW: Normandy Shores Golf Course
See certificates of Insurance for Architeknics for the Normandy Shores Facilities.
From: Ramon G. Perez -Alonso [mailto:Ramon@architeknics.com]
Sent: Tuesday, July 18, 2006 6:32 PM
- To: Escalante, Grace
Cc: Lourdes Rodriguez
SUbject: Normandy Shores Golf Course
Grace: Attached please find the insurance information you requested. If you need any additional information, please do not
hesitate to give us a call.
Thanks,
Ramon G. Perez-Alonso, RA
Architeknics, IDe.
7450 Southwest 48th Street, Miami, Florida 33155
P: 305.661.5392 F: 305.661.5832
07/26/2006
ACORD", CERTIFICATE OF LIABILITY INSURANCE OP ID V~ DATE (MMlDDIYYYY)
I ARCHI-4 07/21/06
J!RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(PL) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
!99 N.W. 70th Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
l:iantation FL 33317
hone: 954-316-1988 Pax:954-316-9446 INSURERS AFFORDING COVERAGE NAlC#
~SURED INSURER A:. National Casualtv Co.
I INSURER B: B&rUord UloduwZ'l.l:er. I..... CO.
1 Architeknics, Inc. INSURER C:
Ramon Alonso
~50 S.W. 48th Street INSURER D:
ami PL 33155
INSURER E:
COVERAGES
-a
- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD INDICATEO. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF AN'( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERllFICATE 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.
TR NSRt TYPE OF INSURANCE POUCY NUMBER DATE IMMJDOIYYI DATE IMM/D1lIYVl LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
-
COMMERCIAl GENERAL LIABILITY PREMISES (Ea occurence) $
- :J CLAIMS MADE. 0 OCCUR
- MED EXP (Anyone person) $
- PERSONAL & ADV INJURY $
- GENERAl AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $
I n PRO- nLOC
- POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
_. SCHEDULED AUTOS (Per per$On) $
-
- HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) $
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABilITY AUTO ONLY - EAACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBRELLA L1ABIUTY EACH OCCURRENCE $
~ OCCUR o CLAIMS MADE AGGREGATE 5
5
=1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSAllON AND X ITORY LIMITS I IVeR'"
EMPLOYERS' lIABILITY
AN"( PROPRIETORIPARTNERlEXECUTIVE 21WEC GB 7148 07/22/06 07/22/07 E.L. EACH ACCIDENT $500,000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $500,000
~~~m~~~~NS below E.L. DISEASE - POLICY LIMIT 5500,000
OTHER
!I. Architects/Bng AROOOO1832 07/22/06 07/22/07 Ea Claim 2,000,000
Professional Liab* AaareQ'ate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHIClES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
laims-Made policy; Retroactive Date: 7/22/95
)eductible: $10,000 each claim
-
"ERTIFICATE HOLDER
....J.
~
City of Miami Beach
capital Improvemt Proj Office
Graciela Escalante, RA
1700 Convention Center Drive
Miami Beach PL 33139
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEllED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLlGAllON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTH REPRESE
@ACORDCORPORATION 1988
ACORD 25 (2001/08)
Normandy Shores Clubhouse and Ancillary Facilities
July, 2006
SCHEDULE H
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND ARCHITEKNICS. INC.
Best Value Amendment
The Consultant agrees to abide by all the required documentation of the City's Performance Information
Procurement System and submit the weekly reports.
F:\CAPI\$all\GRACE\General Project Info\Normandy Shores Clubhouse\Architeknics\Architeknlcs A & E Agreement (Long Form)-
Restroom Buildings-7 -19-06.doc
34