HomeMy WebLinkAboutContract to Ric-Man Int'l for Emergency Construction of water main
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PROCUREMENT Division
MEMORANDUM
TO:
FROM:
Robert Parcher, City Clerk
Gus Lopez, CPPO, Procurement Director
DATE:
SUBJECT:
November 16.2006
Emergency Construction Contract for 12" Water Main along State Road A1A and
Indian Creek Drive from 63rd Street to 67th Street for a total Lump Sum Amount of
$517,000.
Attached please find a Contract to Ric-Man International, Inc. for the EMERGENCY construction
of a 12" Water Main along State Road A1A and Indian Creek Drive from 63rd Street to 67th
Street for a total Lump Sum Amount of $517,000.
Due to the urgency and emergency of the construction services required, the City Attorney has
approved the contracts for language and form and the Contractor has executed the contracts.
Risk Management has approved the insurance certificate and the city Attorney's office and the
Procurement office have reviewed the Performance and Payment Bonds submitted by the
contractor and have found to be acceptable to the City. The City Manager has signed all four (4)
contract books.
Please sign and execute all four (4) contracts on page 13.
Please call Roman Martinez at x7493 when the contracts are executed and ready to be delivered
to the City Clerk's office for execution.
Thank you for your prompt attention to this matter.
L-
Gus Lopez, CPPO
Procurement Director
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CONSTRUCTION CONTRACT
12" WATER MAIN ALONG STATE ROAD AlA AND INDIAN
CREEK DRIVE FROM 63RD STREET TO 6nH STREET FOR A TOTAL
LUMP SUM AMOUNT OF $517,000.
CITY CLERK
CONTRACTOR: RIC-MAN INTERNATIONAL, INC.
Gus Lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
C\DoCllments and Seitings\plJrc:marr\Desktop\Ric-Mon Contract. doc
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00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Bidder: Any individual, firm, or corporation submitting a bid for. this
Project, acting directly or through a duly authorized representative.
1.2. Change Order: A written document ordering a change in the Contract
Price or Contract Time or a material change in the Work of Watermain
and Hangers.
1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
lor for which this Contract is to be performed. In all respects hereunder,
City's performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative
Officer of the City.
1.6. Consultant: Architect or Engineer who has contracted with City to
provide professional services for this Project.
1.7. Contract: The part or section of the Contract Documents addressing
the rights and duties of the parties hereto, including but not limited to
contract time and liquidated damages.
1.8. Contract Documents Clarification: (Not Applicable)
1.9. Contract Administrator: The City's Contract Administrator shall mean
the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project.
1.10. Contract Documents: The Project Manual including drawings (plans)
and specifications, Addenda, if any, to the Project Manual,' the
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
2
Performance Bond and Payment Bond, the Notice(s) to Proceed, the
Purchase Order, Change Orders, Field Orders, Supplemental
Instructions, and any additional documents the submission of which is
required by this Project Manual, are the documents which are
collectively referred to as the Contract Documents.
1.11. Contract Price: The original amount established on this contract, as may
be amended by Change Order.
1.12. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor. The Contractor for this project is Ric-Man International, Inc.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
3
1.19. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
1.20. Program Manager: Not ADDlicable
1.21. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.22. Project Initiation Date: The date upon which the Contract Time
commences.
1.23. Project Manual: The official contract documents setting forth
construction information and requirements; contract form, bonds, and
certificates; General and Supplementary Conditions of the Contract
Documents; the specifications; and the plans and drawings of the
Project.
1.24. Resident Project Representative: An authorized representative of
Consultant or City assigned to represent Consultant or the City on the
Project.
1.25. Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.26. Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.27. Surety: The surety company or individual which is bound by the
performance bond and payment bond with and for Contractor who is
primarily liable, and which surety company or individual is responsible
for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.28. Work: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF l\fiAMI BEACH
4
00600. CONTRACT:
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and RIC-MAN
INTERNATIONAL. INC., hereinafter referred to as CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for a 12" Water Main alona State Road A1A and
Indian Creek Drive from 63rd Street to 67th Street for a total Lump Sum Amount of
$517.000.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. The Notice to Proceed
and Purchase Order will not be issued until CONTRACTOR's submission to CITY
of all required documents(including but limited to: Payment and Performance
Bonds, and Insurance Certificate) and after execution of the Contract by both
parties.
2.2 Time is of the essence throughout this Contract. This project shall have 2
Phases. The 1st Phase shall be substantially completed within nineteen, (19)
calendar days (Nov. 10) from the issuance of the Notice to Proceed, and
completed and ready for final payment in accordance with Article 5.
The 2nd Phase (Subject to City Approval) shall be substantially completed
within sixteen (16) calendar days from the issuance of the Notice to Proceed,
and completed and ready for final payment in accordance with Article 5.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
5
pay to CITY the sum of five-thousand ($5,000) for each calendar day after the
time specified in Section 2.2 above, plus any approved time extensions, for
Substantial Completion. After Substantial Completion should CONTRACTOR fail
to complete the remaining work within the time specified in Section 2.2 above,
plus approved time extensions thereof, for completion and readiness for final
payment, CONTRACTOR shall pay to CITY the sum of five-thousand ($5,000)
for each calendar day after the time specified in Section 2.2 above, plus any
approved extensions, for completion and readiness for final payment. These
amounts are not penalties but are liquidated damages to CITY for its inability to
obtain full beneficial occupancy and/or use of the Project. Liquidated damages
are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by CITY as a consequence of such delay, and both parties desiring to
obviate any question of dispute concerning the amount of said damages and the
cost and effect of the failure of CONTRACTOR to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
2.6 SAVINGS - City and Contractor recognize that both parties will benefit financially
should the Project be completed prior to the contract time specified in Paragraph
2.2 of the Contract (Agreement). Accordingly, for each calendar day that the
contract work is accepted by the City prior to the contract time specified for
Substantial Completion in Paragraph 2.2 of the five-thousand ($5,000.00)
Dollars a day up to a maximum of three (3) days ($15,000 max). Such payment
will be made after final acceptance in accordance with Article 5. The liquidated
savings payment amount represents a reasonable estimate of the City's savings
for inspection, engineering services and administrative costs realized from early
completion.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
6
ARTICLE 3
THE CONTRACT SUM
[] This is a Unit Price Contract:*
3.0 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[ X] This is a Lump Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.0 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTbR's
application shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting
evidence as may be required by CONSULTANT. CONTRACTOR shall include,
but same shall be limited to, at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSULTANT as
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
7
required by the Contract Documents and a release of liens and consent of surety
relative to the work which is the subject of the Application. Each Application for
Payment shall be submitted in triplicate to CONSULTANT for approval. CITY
shall make payment to CONTRACTOR within thirty (30) days after approval by
CONSULTANT of CONTRACTOR's Application for Payment and submission of
an acceptable updated progress schedule.
4.1 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) 9f all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.2 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.2.1 Defective work not remedied.
4.2.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.2.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.2.4 Damage to another contractor not remedied.
4.2.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
8
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as-built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
9
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
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The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For CITY:
Public Works DeDartment
1700 Convention Center Drive. 4th Floor
Miami Beach. Florida 33139
Attn: Fernando VazQuez. City Enaineer
With copies to:
City Attornev
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
Ric-Man International. Inc.
2601 NW 48 Street
PomDano Beach. Florida 33073
Attn: David Mancini
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
11
6.8 Materiality and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
12
Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in
accordance with Section 6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first ~b?V~ written.
. ~ - .-
~ni~si: -.() THE CITY OF MIAMI BEACH
M~a:f,U~ ~;-M~):r //~~'\
-CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORA TION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
CONTRACTOR
~- /'
(Name of Corporation)
By:
(Secretary)
(Signature)
(Corp'Qfa~e~Seal )
(Print Name and Title)
~. :"-~
~.. 'Ii- I" ,
_ day of
,20 .
[If noftn~c&porated sign below.]
CONTRACTOR
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
_ day of
APPFt()V!:a~s-ro
~~
11 It (01.
may ~~
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
13
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FO
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DA TE: 10/23/06
CITY OF MIAMI BEACH
14
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP ID y.,J DATI; (~'MIOO/'\""'YI
RICMA-3'AI 02/01/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED 6V THE POLICIES BELOW.
PRODUC:"R
Bosquett & Company
~150 8utterfield, 6te 100
.'roy MI 48084
Phone:2~8-643-7475 Fax:248-643-6332
INSUR=D
I
INSURERS AFFORDING COVERAGE
NAIC#
-.-
INSl.ltiti\'A"
zurich-American Ins Co
.,.-_.......~.. .......
AIG Insurance Group
.---.....-
INS'JIlCR c..
~ie-Man International,
Attn: Jerry Wichert
2601 NW 48th Street
Pompano aeach FL 33073
Ine..
jN~~R c__---.!.~~._df.~t .!.ruu.ratlCt ColtP,any
INGURfR C,
INS.JRFR F
COVERAGES
'THE rOLlClES OF INSUPANCE LISTED BELOW HAYE BEEN ISSUED TO THE INSURED IllAMED Af!OVE FOR TME POLIO PEPIOO INDICATED NOTWiTHSTANDING
"''1Y IlI:uUI/,f:Mf:NT. TER~ OR CONDITION OF ANY CONTRPJ:T OR OTHER OOClJMENT WiTH RESPECT TO WHICH THIS CERTIF:CATE M.~Y BE ISSUED OR
MA.,. f't"'AIIII. THE 1N"",unPNCE A"FORDED BY 111E l"OLICIEr, C'ESCrlIBED H:oREIt< IS WBJECT TO I<l.L THE TERMS, El\CLUSIONS !>NO CONDITIONS OF SUCH
POliCIES. AGGREGAE LIMITS SHOVliN MAY HAV:: [;CCN REDUCeD DY PAID CLAIMS.
IIlsr:i I POI.ICY NUMB"R o\.~~ i;;'~~~';t= -D~TI:' (~I:M~o~'t LlMrrs
LTl': 'h'PE OF INSU~ANCE I
I (iENERA~ "Ae"lTY EACH OCCURRENCE ~ 1,000 ,000
-
A!X X (;()MM,,~Ci.Al GtNl::rt"l. L1AIKII Y GL03725S39-02 0.2/01/06 02/01/07 .~~~E.~(_E.~~~~c~~~nct'1 $ 300,000
- -,
I (;.AIMS ~'Al.JI:: [Xl o~cun MED EXP IMy 0118 pmonl ~ 10,000
PERSONAL IlI'DV INJLIRY $1,000,000
.... "..... ....-... -
X Per ~.~~ i'i99'~e<J.at~ ' GENER,4J.. "GGREG."TE $ .2 , 000,000
.~.. -
GENl ,\GGREGATF LIMIT i\PPcIES PER F';(Dr,)tK>I~ - (:(lMP'O~ A(,;() t2,OOO,OOO
h n PRO. nlClt I Emp Ben. 1,000,000
POI Ir.\' JECT
I AVTOM081LE UA8ILln' COMBINED SINCLE L1M IT
I-- t 1,000,000
A I X ANY AlJlCl BAP372584 0-02 02/01/06 02/01/07 [E~ 9ccld~nll
f-- .-.'.'-..- ,- ..--.
ALL OWNEC A'JTOS
f-- ROOII't IN.!I.l'1Y t
SCHEDULED AUTOS ~11~1 (Por p,;t"';;on)
I--
HiRED ALrros f<tl)IL Y INJUh'Y
I-- t
I NON-OWNCD'<lJTOS (~'t'r OCCICl~nU
I-- 1)b
f-- PROPel'll" D/\M^GC $
[Per ~t:c;idcmt)
I GA~GE lI~BILI"Y V'fL'J A'JTO ONLY - EA ACCIDENT $
I ~A"IY'~lJTO I
I I OnlO~ TI \'IN EA'ACC $
AiJTO ONL Y ".GG $
cl EXCESS/UIo'.BRELLA LIABILITY cA:H OC"UI,RENC:E $5,000,000
~ t1CC;U~ o CLAIM::; MAl)t AUC5918560-00 02/01/06 02/01/07 Ac.r,nECA'TE ~ 5,000,000
..._----
1 DEDUCTIBLE l
_. ... --
~
X RCT[N1'ION $ $
WORt<ERS COMPENSA'l'ION ANO X ITORy'Li(,;iiS I I"ER
IOMPLOYERS'LIA8IUTY .._._--_. '..--.-.
8 ANY PROP."'1~1'011/r'AiII Nt fIlI::Yl:(; U I I VI: WC8844578 02/01/06 02/01/07 tl I-AO::HAI.:CU);:'Nl $~~O O/~~ .Qu.
O....IC"H/MI::MtltR t:{CLLOI:D'; l:L l),51::A::;t. I::A I::MPLOYI::i:: _:J:.!.QQ..~Lo._9 ~ _ .
If VI1~. dlit.c:crr~ Iln..wr
~~r.I!\1 PR()VISI4'\N~ tll~IC'lW I::L l)1~C:A::;1: .I'()UC,;Y UMIT $1.000,000
OTHER
MSCR1PTION OF OPERATIONS II.OCATIONS I V"H1C~~S IIOXC~US10NS AD~~O BY I;NOORSEM"roIT I SPIOCIA~ f'R"VISIONS
city of Mi a1l\i Beach is included as addi tional insured wit.h respect t.o
liability arising out of operat.ions performed for City by or on behalf of
contractor or acts or ormnissions of City in connection with general
supervision of such operation
CERTIFICATE HOLDER
CANCHLA'rIOIll
City of Miami Beach
Risk Manaqemen t
1700 Convention Center Dr
Miami Beach FL 33139
SHOULD ANY OF 'l'HE ABOVE DESCRIBED POLICIES BE CANCELLEr. BEFORE 'THE EtPIRATlON
OA'l'E '!'HEREOF. Tl-lE ISaUlNIJ INSUReR WI~~ IONDEAVOI\ TO MAIL 30 CAYS WRITTEN
NO'T1Ce TO THE CI;R'TlFIt;.~T;; HO~O"R NAM"C TO THe ~;;FT, BUT FAILURE TO D/;> SO SHAL~
IMPose N/;> OBLIGA'T10N OR llABILm' OF ANY KIND UPON THE INSURER. fTS A(>EroITS OR
RI:PRE:;EIlT A '!TVI;S.
A~ORIZED RIOPRESl:roITA
~ACORD CORPORATION 1968
ACORD 25 {2001/0Ill
'0/31/'2006 3: 39 PM
786-394-4008 -) 19544260717
Page 4 of 10
BondI! 013019155
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We Ric-Man International, Inc.
I as
Principal, hereinafter called CONTRACTOR, and
Liberty Mutual Insurance Company ,as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Five hundred seventeen thousand Dollars ($ 517,000** ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
, 20 , with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
12" water main along State Rd. AlA & Indian Creek Drthe Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE 10/23/06
CITY OF MIAMI BEACH
1
0/31/2006 3:39 PM
786-394-4008 -> 19544260717
Page 5 of 10
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this 1st day of November
2006
,
CONSTRUCTION CONTRACT
12" Water Main - /i3rd Street
DATE 10/23/06
CITY OF MIAMI BEACH
2
0/31f2006 3:39 PM
786-394-4008 -) 19544260717
Page 6 of 10
FORM OF PERFORMANCE BOND
(Continued)
By:
David Mancini, President
(Print Name and Title)
I N THE PRESENCE OF:
INSURANCE COMPANY:
Liberty Mutual Insurance Company
~r~
Agent and Attorney-in-Fact
Arlene Touzi
Address: 2150 Butterfield Dr.
(Street)
Troy, MI 48084
(City/State/Zip Code)
By:
~M~
~ ?#;~~
J1~" f
Telephone No.: 248-643-7475
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
3
0/31/2006 3:39 PM
786-394-4008 -> 19544260717
Page 7 of 10
Bondi! 013019155
00720. FORM OF PAYMENT BOND
BY THIS BOND, We Ric-Man International, Inc.
, as
Principal, hereinafter called CONTRACTOR, and
Liberty Mutual Insurance Company , as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Five hundred seventeen thousand Dollars ($517,000** for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
, 20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
4
,0/31/2006 3:39 PM
786-394-4008 -> 19544260717
Page 8 of 10
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this 1st day of November
, 20.J!,L.
CONTRACTOR
A TTESJ~'/
Ric-Man International, Inc.
By:
~",
(Corporate Seal)
David Mancini, President
(Print Name and Title)
1- day of J\!o\(
I 20Qk..
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: ] 0/23/06
CITY OF MIAMI BEACH
5
~/31~2006 3:39 PM
786-394-4008 -) 19544260717
Page 9 of 10
IN THE PRESENCE OF:
CONSTRUCTION CONTRACT
12" Water Main _ 63rd Street
DA TE 10/23/06
INSURANCE COMPANY:
Liberty Mutual Insurance Company
By:
~1~
Aaent and AttQrney-in-Fact
A:rlene TOUZl
Address: 2150 Butterfield Dr.
(Street)
Troy, MI 48084
(City/State/Zip Code)
Telephone No.: 248-643-7475
CITY OF MIAMI BEACH
6
O/31~2006 3:39 PM
786-394-4008 -) 19544260717
Page 10 of 10
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, l<..LV"\t... (o...'~~ \ \D , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
~~;~ HC\.I'\c. \ n ~ , who signed the Bond(s) on behalf of the Principal, was
then P f'\..'S.; dLn+- of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behi of said corporation by authority of its governing body.
(SEAL)
behalf of)
~\ t--~o.r\ \ Y\i\- ' \
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared Arlene Touzi to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to
execute the foregoing Performance and Payment Bond (Performance Bond and
Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this
November , 20J!,L.
1st
day of
KAREN C BRODE
Notary Public. State of Michigan
County of oakla~
My Commission Expires -'d"-f--d-IJI Y
Acting In the county 010 A-~
,1(tlkM~(! ~
Notary Public, State of
My commission expires:
Bonded
by
CONSTRUCTION CONTRACT
12" ~;ater Main - 63rd Street
DA TE ] 0/23/O'i
CITY OF MIAMI BEACH
7
, TfilS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
1688850
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
VICTOR A. TROUTMAN, ARLENE M. TOUZI, KAREN C. BRODE, DAVID D. FISCHER, ALL OF THE CITY OF TROY, STATE OF
MiCHIGAN............................................................................................................................... ..............................................
............................ ............ ....... .... ............................. ........... ........... ... .... ................. ..........~......... ....... 10- 10- ... 10-..10- 10-.. 10-.. ... ... 10- 10- 10-" 10- 10-.. 10- 10- 10-....10-.. 10- 10- 10- 10- 10- .........10- 10- 10-......10- 10- 10- 10-..
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and de. ed, anv and all und. erta.. . kings, bonds, recognizances. and other. s. urety obligations in the penal sum not exceeding
TWENTY FIVE MILLION AND 00/100**1***************** DOLLARS ($ 25,000,000.00***** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
...;-
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o
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~ ~ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
<<IS
.al:
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em
(,) (I) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
'0-=
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cD ~ COMMONWEALTH OF PENNSYLVANIA ss
i' ~ COUNTY OF MONTGOMERY
m'"
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:; ~ IN TESTIMONY WH
= (,) first above written.
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ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
LIBERTY MUTUAL INSURANCE COMPANY
:>.
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Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 2nd day of March ,
2005
By~4 /V- ~~
Garnet W. Elliott, Assistant Secretary
On this ~ day of March , 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
BY~~
Teresa Pastella, Notary Public
CERTIFICATE
I, the undersigned, Assistant cretaryofL.iberty Mutual Insurance Company, do hereby certify thattheoriginal power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and ldo further certify that the officer or official who executed the
said power of attorney is an Assistant $~cretary specially authorized by the chairman or the presidenrto appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
1$1
day of
IN U'~Jlm~l~!i~REOF ~~~ hereunto subscribed my name and affixed the corporate seal of the said company, this
, dUU~.
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 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.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
22
3. Preliminary 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
CONSTRUCTION CONTRACT CITY OF MIAMI BEACH
12" Water Main - 63rd Street 23
DATE: 10/23/06
utility relocation, provided, however, neither CONSULTANT nor
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.
CONSTRUCTION CONTRACT
12" Water Main - 63rd Street
DATE: 10/23/06
CITY OF MIAMI BEACH
24
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 Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety
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 recogr,lized
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
CONSTRUCTION CONTRACT CITY OF MIAMI BEACH
12" Water Main - 63rd Street 25
DATE: 10/23/06
in the circular, in order to qualify, the net retention of the surety
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1,1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
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 RatinQs CateQorv
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.
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CITY OF MIAMI BEACH
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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 Reauirements:
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:
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CITY OF MIAMI BEACH
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7.1.1.1. Employers' Liability with a limit of IQil.,~~jgfi:':lgO.t$
(I~~QQQ~IQQ+I)) )qp!lif$.($) 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. Comprehensive General Liability with minimum limits of'lIoi
MU.Ogfi.ggl'.t$.:~I~~IQQ~III:~QI) 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
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CITY OF MIAMI BEACH
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or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
7.1.3. Business Automobile Liability with minimum limits of tln@.IUIi,in
gg'll.fi:::'11:iIQQ~QIQ;QQJ 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. I 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
CONSTRUCTION CONTRACT CITY OF MIAMI BEACH
12" Water Main - 63rd Street 29
DA TE: 10/23/06
transit for 100 percent of the "installed replacement cost val ue,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
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.
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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.
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 Impact 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.
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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.
12. Resolution of Disputes:
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 m~ans
of construction.
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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. .
13. Inspection 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 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
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CITY OF MIAMI BEACH
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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. Superintendence and Supervision:
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
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
CONSTRUCTION CONTRACT
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DATE: 10/23/05
CITY OF MIAMI BEACH
34
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.
15. CITY's RiQht 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. 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
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CITY OF MIAMI BEACH
35
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.
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 RiQht to Stop 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 reasol1able
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. Assiqnment:
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.
18. Rights of Various Interests:
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CITY OF MIAMI BEACH
36
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. Differing Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially
from those shown on the Contract Documents and from those ordinarily
encountered and generally recognized as inherent in work of the character
called for in the Contract Documents; or unknown physical conditions of the
Project site, of an unusual nature, which differ materially from that ordinarily
encountered and generally recognized as inherent in work of the character
called for in the Contract Documents, CONTRACTOR, without disturbing the
conditions and before performing any work affected by such conditions, shall,
within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT
in writing of the existence of the aforesaid conditions. CONSULTANT and CITY
shall, within two (2) business days after receipt of CONTRACTOR's written
notice, investigate the site conditions identified by CONTRACTOR. If, in the sole
opinion of CONSULTANT, the conditions do materially so differ and cause an
increase or decrease in CONTRACTOR's cost of, or the time required for, the
performance of any part of the Work, whether or not charged as a result of the
conditions, CONSULTANT shall recommend an equitable adjustment to the
Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR
cannot agree on an adjustment in the Contract Price or Contract Time, the
adjustment shall be referred to CONSULTANT for determination in accordance
with the provisions of Article 12. Should CONSULTANT determine that the
conditions of the Project site are not so materially different to justify a change in
the terms of the Contract, CONSULTANT shall so notify CITY and
CONTRACTOR in writing, stating the reasons, and such determination shall be
final and binding upon the parties hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
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 govern.
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CITY OF MIAMI BEACH
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21. CONTRACTOR to Check Plans. Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibilitv 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:
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.
24. Supplementarv 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.
CONSTRUCTION CONTRACT
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CITY OF MIAMI BEACH
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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.
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
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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
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.
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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.
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.
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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. Leqal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
close any thoroughfare, nor interfere in any way with traffic on railway,
highways, or water, without the prior written consent of the proper authorities.
,
32. Location and Damaqe to Existinq Facilities, Eauipment 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 CONTRACTORo 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
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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.
33. Value Enqineering:
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. Continuing the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a
change in the Contract Price or Contract Time. The Work shall not be delayed
or postponed pending resolution of any disputes or disagreements.
35. Changes in the Work or Terms of Contract Documents:
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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
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. Chanqe 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
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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
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 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
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agreed upon by CITY and CONTRACTOR. Payroll costs for
employees not employed full time on the work covered by the
Change Order shall be apportioned on the basis of their time
spent on the work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits,
bonuses, sick leave, vacation and holiday pay application
thereto. Such employees shall include superintendents and
foremen at the site. The expenses of performing the work after
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 machjnery
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
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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
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
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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
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
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38.4.2.3.
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
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.
38.6. 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."
39. Notification and Claim for Chanae 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
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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 DamaQes for Delay:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR
for actual delays due solely to fraud, bad faith or active interference on the part
of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only
to extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41 . Excusable Delay; Comoensable; Non-Comoensable:
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. CONTRAOTOR
shall document its claim for any time extension as provided in Article 39
hereof.
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Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusjvely 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 (iji) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay.
These liquidated indirect costs shall be paid to compensate
CONTRACTOR for all indirect costs caused by a Compensable
Excusable Delay and shall include, but not be limited to, all profit on
indirect costs, home office overhead, acceleration, loss of earnings, loss
of productivity, loss of bonding capacity, loss of opportunity and all other
indirect costs incurred by CONTRACTOR. The amount of liquidated
indirect costs recoverable shall be 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 Del~y 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 Completion:
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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
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices. I
44. ShOD Drawings:
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.
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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. 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. 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.
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 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. I
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 DrawinQs:
45.1. The entire responsibility for establishing and maintaining line and grade
in the field lies with CONTRACTOR. CONTRACTOR shall maintain an
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accurate and precise record of the location and elevation of all pipe
lines, conduits, structures, maintenance access structures, handholes,
fittings and the like and shall prepare record or "as-built" drawings of the
same which are sealed by a Professional Surveyor. CONTRACTOR
shall deliver these records in good order to CONSULTANT as the Work
is completed. The cost of all such field layout and recording work is
included in the prices 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.
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
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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.
[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 by CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of
Transportation Standard Specifications for Road and Bridge Construction. The
cost of any required test which CONTRACTOR fails shall be paid for by
CONTRACTOR.
49. Proiect SiQn:
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
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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,
excusable delay, and shall not give rise to a claim for compen$able
delay.
51. Cleaninq Up; City's Riqht to Clean UP:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project 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 Equipment:
In case of termination of this Contract before completion for any cause
whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove
any part or all of CONTRACTOR's equipment and supplies from the property of
CITY, failing which CITY shall have the right to remove such equipment and
supplies at the expense of CONTRACTOR.
53. Nondiscrimination. Equal Employment Opportunity, and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply
with all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
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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.
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.,
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