Amendment No. 1X007- ~ ~' 6 9
~~~~ d
JUN 17 2008
GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT N0.1 ~ ~~Y~
CONSTRUCTION MANAGEMENT AT RISK AGREEMENT, PURSUANT TO
RESOLUTION NO. 2007-26569, FOR THE RENOVATION AND CONSTRUCTION OF
THE 10T" STREET AUDITORIUM 1 BEACH PATROL HEADQUARTERS.
CONTRACT made the ;~ ..~ "'`'~ day of 008
BY AND BETWEEN: City of Miami Beach, a political subdivision of the State of
Florida (CITY) and MCM CORP. (hereinafter referred to as CONTRACTOR).
Project Summary
The following summary (the "Project Summary")identifies the construction project which is
the subject of this Contract, including certain financial terms and deadlines.
The Project is: THE RENOVATION AND CONSTRUCTION OF THE 10T"
STREET AUDITORIUM !BEACH PATROL HEADQUARTERS
The Contract Administrator is: CAPITAL IMPROVEMENT PROJECTS (CIP) OFFICE
DIRECTOR OR HIS DESIGNEE
The Consultant is: STA ARCHITECTURAL GROUP, INC.
The Contract Time is: THE PROJECT IS TO BE SUBSTANTIALLY COMPLETED
WITHIN 365 DAYS FROM ISSUANCE OF THE ,SECOND
NOTICE TO PROCEED AND FINAL COMPLETIOI~I~i~THIN 30 ~--~
DAYS FROM THE DATE CERTIFIED AS OA~`fE ` -~F ~-
SUBSTANTIAL COMPLETION . ~ ~: -~
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ARTICLE 1
THE PROJECT TEAM
The Project Team includes the CONTRACTOR, the CONTRACT
ADMINISTRATOR, and the CONSULTANT, all of whom shall work jointly and
cooperatively during the construction and warranty period.
1.2 The CONTRACTOR accepts the relationship of trust and confidence established
between it and the CITY by this Contract. CONTRACTOR covenants with the CITY
to furnish its best skill and judgment and to cooperate with the other members of the
Project Team in furthering the interests of the CITY. CONTRACTOR agrees to
provide efficient business administration and superintendence, and to use its best
efforts to complete the Project in the most expeditious and economical manner,
consistent with the CITY's interests.
1.3 Entire Agreement; Severability; Amendments: This Contract includes and
incorporates the General Conditions and all of the Contract Documents identified in
the General Conditions, and all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The
parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Contract that are not contained in the Contract
Documents. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written, except as specifically set forth in Article 1.4.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed in accordance with this Contract. In the event any provision of
the Contract Documents shall be found by a court of competent jurisdiction to be
invalid or otherwise unenforceable, the remainder of this Contract shall not be
affected thereby and each remaining provision, term, covenant or condition of the
Contract Documents shall continue to be effective.
1.4 Incorporation of Pre-Construction Services Agreement: The CITY and
CONTRACTOR are parties to that certain agreement, dated June 06, 2007, entitled
"Agreement for Pre-Construction Services between the City of Miami Beach,
Florida, and MCM CORP., for Construction Management at Risk Services (Pre
Construction Services) for the Renovation, and Construction of the 10th Street
Auditorium /Beach Patrol Headquarters (hereinafter referred to as the Pre-
Construction Services Agreement).
The Pre-Construction Services Agreement contemplates that when the CITY
accepts the Guaranteed Maximum Price (GMP) proposed by CONTRACTOR for
the Project, then the CITY and CONTRACTOR shall execute this GMP Amendment,
accepting and establishing the GMP and more specifically delineating the respective
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responsibilities of the CITY and CONTRACTOR with respect to the construction of
the Project.
CITY and CONTRACTOR have negotiated this GMP Amendment and the attached
General Conditions which shall, upon execution by CITY and CONTRACTOR,
supercede and replace, in its entirety, that certain draft agreement entitled the "GMP
Amendment", referred to and attached as "Exhibit I" of the Pre-Construction
Services Agreement.
According this Construction Management at Risk Agreement is intended by the
Parties hereto to be the GMP Amendment and may hereinafter be referred to as the
"GMP Amendment," the "Agreement," or the "Contract".
As to the Project, as defined in this Contract and General Conditions, the following
definitions, terms and conditions contained within the Pre-Construction Services
Agreement are modified and herein amended to the extent provided below. Said
modifications and/or amendments to the Pre-Construction Agreement shall be
superceded by this Contract and the General Conditions:
Article 1 of the Pre-Construction Services Agreement entitled,
"Definitions," is deleted in its entirety. The Definitions in Article 2, shall
control.
2.) Any reference to "Architect/Engineer" in the Pre-Construction Services
Agreement shall be amended and deemed to refer to "CONSULTANT,"
as defined in Article 2
3.) Any reference to "Construction Manager (CM)" orto "General Contractor''
in the Pre-Construction Services Agreement shall be amended and
deemed to refer to "CONTRACTOR," as defined in Article 2.
4.} Any reference to "GMP Amendment" in the Pre-Construction Services
Agreement is amended and deemed to refer to this Contract and the
General Conditions, and all exhibits and amendments thereto.
5.) Exhibits I - V of the Pre-Construction Services Agreement are herein
ratified, incorporated and made a part of this Contract and the General
Conditions.
6.) Section 1.46 of the Pre-Construction Services Agreement, entitled Force
Majeure, is incorporated in its entirety.
In the event of a conflict between terms contained in the Pre-Construction
Agreement and those in the Contract Documents, or any of the documents attached
or incorporated herein, including without limitation this Contract and the General
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Conditions, the precedence will be given to that term which allows the CITY to
enforce the Contract Documents in the strictest possible terms.
ARTICLE 2
DEFINITIONS
2.1 Change Order or Contract Amendment: A written document ordering a change in
the Contract Price or Contract Time or a material change in the Work.
2.2 CITY: The CITY (or OWNER) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida 33139, which is a party hereto and/or for which this Contract
is to be performed. In all respects hereunder, CITY's performance is pursuant to
CITY's position as the OWNER of a construction project. In the event CITY
exercises its regulatory authority as a governmental body, the exercise of such
regulatory authority and the enforcement of any rules, regulations, laws and
ordinances shall be deemed to have occurred pursuant to CITY's regulatory
authority as a governmental body, and shall not be attributable in may manner to
CITY as a party to this Contract.
2.3 City Commission: City Commission shall mean the governing and legislative body
of the CITY.
2.4 City Manager: City Manager shall mean the Chief Administrative Officer of the
CITY.
2.5 Consultant: Architect or Engineer who has contracted with CITY to provide
professional services for this Project. The Consultant of record for this Project is
STA Architectural Group, whose principal address is 3526 North Miami Avenue,
Miami, Florida, 33127.
2.6 Contract: This Construction Management at Risk Agreement, including any
amendments and exhibits thereto.
2.7 Contract Administrator: The CITY's Contract Administratorsha/l 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. The Contract Administrator for this Project shall be the CIP Office Director
or his designee.
2.8 Contract Documents: The Project Manual including drawings, plans, and
specifications; the Request for Qualifications No. 29-06/07, all attachments and
amendments thereto; and CONTRACTOR's response thereto; any Addenda to the
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Project Manual; Pre-Construction Services Agreement ,dated June 06, 2007, and
any attachments and exhibits thereto; the Contract and General Conditions and any
amendments, attachments, and exhibits thereto; the Performance Bond and
Payment Bond; the Notice of Award; the Notice(s) to Proceed and the Purchase
Order; Change Orders; Field Orders; Supplemental Instructions; and any additional
documents the submission of which is required by the Project Manual, are the
documents which are collectively referred to as the Contract Documents.
2.9 Contract Price: The amount established in the Contract as the Guaranteed
Maximum Price (GMP), as may be amended by Change Order.
2.10 Contract Time: The original time between commencement and completion,
including any milestone dates thereof, established in Article 5 of the Contract, as
may be amended by Change Order.
2.11 Contractor: The person, firm, or corporation with whom the CITY has contracted to
provide the Construction Management at Risk Services contemplated in the
Contract Documents, and who is responsible for the acceptable performance of the
Work and for the payment of all legal debts pertaining to the Work. The Contractor
of record for this Project is MCM Corp., whose principal address is 6201 SW 70tH
Street, Second Floor, Miami, Florida, 33143. All references in the Contract
Documents to third parties under contract or control of Contractor shall also be
deemed to be a reference to CONTRACTOR.
2.12 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.
2.13 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; that the documents required by the Contract
Documents have been received by CONSULTANT; that any other documents
required to be provided by CONTRACTOR have been received by CONSULTANT;
and, to the best of CONSULTANT's information and belief, that the Work defined
herein has been fully completed, in accordance with the terms and conditions of the
Contract Documents.
2.14 Guaranteed Maximum Price: The sum certain set forth in this CONTRACT as the
Project Price that the CONTRACTOR guarantees not to exceed forthe construction
of the Project, based upon the entire Scope of the Work as described in the
Contract Documents, including, but not limited to, the Drawings and the
Specifications, as may be increased or decreased by approved Change Orders /
GMP Amendments.
2.15 Inspector: An authorized representative or employee of the CONSULTANT or CITY
assigned to make necessary inspections of materials furnished by CONTRACTOR
and of the Work performed by CONTRACTOR.
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2.16 Materials: Materials incorporated in this Project, or used or consumed in the
performance of the Work.
2.17 Notice(s) to Proceed: Written notice(s) to CONTRACTOR authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
2.18 Plans Drawings and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
2.19 Protect: The construction project described in the Contract Documents, including
the Work described therein.
2.20 Project Initiation Date: The date upon which the first Notice to Proceed is issued.
Notwithstanding the preceding, the Contract Time shall commence as of the date
the second Notice to Proceed is issued.
2.21 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 Project Manual for this work, but does not include one who merely
furnishes material not so worked.
2.22 Substantial Completion: The date certified by CONSULTANT when all conditions
and requirements of permits and regulatory agencies have been satisfied and the
CONSULTANT has certified that the Work is sufficiently complete in accordance
with the Contract Documents so the Project is available for beneficial use 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.
2.23 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 acceptable
performance of the Work under the Contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
2.24 Work: The construction work and services required by the Contract Documents,
whether completed or partially completed, and which 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.
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ARTICLE 3
THE WORK
3.1 The CONTRACTOR shall perform all of the Work required by the Contract
Documents and as may be revised or added to from time to time to reflect
clarifications and approved changes.
3.2 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. 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 within the GMP, whether or not
specifically called for. The Contract Documents shall be interpreted so as to
eliminate inconsistencies or conflicts, but in the event of any conflict, requirements
for greater quantity and/or more expensive work shall govern. When words which
have awell-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
execution of this Contract. CITY shall have no duties other than those duties and
obligations expressly set forth within the Contract Documents.
3.3 The CONTRACTOR agrees that the Work shall be performed in a good and
professional manner, free from defects in materials and workmanship, and that all
Materials shall be new and approved by or acceptable to the CITY, except as
otherwise expressly provided for in the Contract Documents. The CONTRACTOR
shall cause all Materials and other parts of the,Work to be readily available as and
when required or needed for or in connection with the construction, furnishing and
equipping of the improvements.
ARTICLE 4
MANAGING CONTRACTOR'S SERVICES
4.1 The services of the CONTRACTOR shall include, but are not limited to, those
described or specified herein. The services described herein shall not be deemed
to constitute a comprehensive specification having the effect of excluding services
not specifically mentioned.
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4.2 Contractor's Duties and Responsibilities
[Note: Refer to Article IV of the Pre-Construction Services Agreement, which is
incorporated herein by reference as if fully set forth]
4.3 Post-Construction Phase -CONTRACTOR shall coordinate Project close-out,
commencement of use or operations, and transition to occupancy by the CITY.
CONTRACTOR shall cooperate fully and promptly with preparation of Certificates of
Substantial and Final Completion, and complete all remaining work and punch list
work promptly. CONTRACTOR shall review all warranties, operation manuals, and
maintenance manuals for completeness and compliance with the Contract
Documents, have them corrected, if necessary, and transmit them to CITY.
Transmittal of warranties, operations manuals, and maintenance manuals to CITY
shall constitute evidence of CONTRACTOR's warranty of completeness and
compliance of same to the Contract Documents.
4.4 Warranty Phase -CONTRACTOR shall comply with requirements of Section 23
of the General Conditions.
ARTICLE 5
CONTRACT TIME
5.1 Time is of the essence for the CONTRACTOR'S performance of the Work pursuant
to this Contract. The CONTRACTOR agrees to complete the Work in accordance
with the Progress Schedule and to achieve Substantial Completion, in accordance
with this Contract and within the Contract time. CONTRACTOR acknowledges that
failure to achieve Substantial Completion will result in substantial damages to the
CITY, including, but not limited to, loss of beneficial use and/or occupancy of the
Project. Final completion shall be achieved no later than thirty (30) calendar days
after issuance of a Certificate of Substantial Completion by the CONSULTANT.
5.2 CONTRACTOR shall be instructed to commence the Work by written instructions in
the form of a Purchase Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within five
(5) calendar days after the Project Initiation Date, which shall be the same as the
date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order
will not be issued until CONTRACTOR's submission to CITY of all required
documents (including but limited to: payment and performance bonds and insurance
certificates) and after execution of the Contract by both parties.
5.2.1. The receipt of all necessary permits by CONTRACTOR and acceptance of
the full Progress Schedule in accordance with Technical Specifications,
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Submittal Schedule, and Schedule of Values is a condition precedent to
the issuance of the second Notice to Proceed to mobilize on the Project
site and commence with physical construction work. The CONTRACTOR
shall submit all necessary documents required by this provision within
twenty-one (21) calendar days of the issuance of the first Notice to
Proceed.
5.3 Time is of the essence throughout this Contract. This Project shall be substantially
completed within three hundred and sixty five (365) calendar days from the
issuance of the second Notice to Proceed, and completed and ready for final
payment in accordance with Article 5 within thirty (30) calendar days from the date
certified by CONSULTANT as the date of Substantial Completion.
5.4 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall pay
to CITY the sum of One Thousand Dollars ($1,000.00) for each calendar day after
the time specified in Section 5.3 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 5.3 above, plus
any approved time extensions, for completion and readiness for final payment,
CONTRACTOR shall pay to CITY the sum of One Thousand Dollars ($1,000.00)
for each calendar day after the time specified in Section 2.2 above, plus any
approved time 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.
5.5 The time frame for liquidated damages shall not commence, and thus shall not be
tolled, until the CONTRACT ADMINISTRATOR submits the Punch List to the
CONTRACTOR.
5.6 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.
5.7 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 herein, plus approved time
extensions. CONSULTANT's 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 underthis Contract by means
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of unilateral credit change orders issued by CITY as costs are incurred by
CONSULTANT and agreed to by CITY.
ARTICLE 6
THE CONTRACT PRICE (Guaranteed Maximum Price)
6.1 The Guaranteed Maximum Price for the Project is hereby guaranteed by the
CONTRACTOR not to exceed the sum of $6,222,500 (the Project GMP or the
GMP), based upon the entire Scope of the Work as described in the Contract
Documents, including, but not limited to, the Drawings and the Specifications, as
may be increased or decreased by approved Change Orders /GMP Amendments,
as further delineated in Attachment I to this Contract, entitled Scope of Work and
incorporated by reference herein.
6.2 In the event that the CONTRACTOR's total approved expenditures for the Project
shall exceed the GMP except for additional work requested by CITY by approved
Change Order, the CONTRACTOR shall pay such excess from its own funds, and
the CITY shall not be required to pay any amount that exceeds the GMP, except for
the value of such additional work requested by CITY by approved Change Order,
and the CONTRACTOR shall have no claim against the CITY on account thereof.
ARTICLE 7
PROGRESS PAYMENTS
7.1 CONTRACTOR may make Application for Payment for Work completed during the
Project at intervals of not more than once a month. CONTRACTOR'S application
shall show a complete breakdown of the Project components, the percentages
completed, and the amount due in accordance with Article 7.4 below, together with
such supporting evidence as may be required by CONSULTANT. CONTRACTOR
shall submit with each Application for Payment, an updated Progress Schedule
acceptable to CONSULTANT, certification of payments to Subcontractors and
signed Releases of Lien and Consents of Surety relative to the Work which was the
subject of the prior Application, prevailing wage reports, and Project progress
photographs. Each Application for Payment shall be submitted in triplicate to
CONSULTANT for approval with a transmittal letter stating date submitted. After
review and approval, CONSULTANT shall sign and transmit the approved payment
application to the CONTRACT ADMINISTRATOR. CITY shall make payment to
CONTRACTOR within twenty five (25) days after receipt from CONSULTANT of
CONTRACTOR's approved Application for Payment and acceptable updated
Progress Schedules and other supporting documents. Any Application for Payment
submitted incorrectly or incompletely will be rejected immediately by the
CONSULTANT for re-submission by the CONTRCATOR in the manner established
in this Agreement. The City will make every effort to expedite payment of any
complete and appropriately presented application once approved by CONSULTANT.
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7.2 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 8
hereof, except that after ninety percent (90%) of the Work has been completed, the
Contract Administrator may reduce the retainage to five percent (5%) of all monies
previously earned and all monies earned thereafter. Any reduction in retainage shall
be in the sole discretion of the Contract Administrator, and shall be recommended
by CONSULTANT. 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.
7.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
7.3.1 Defective work not remedied.
7.3.2 Claims filed or reasonable evidence indicating probable filing of claims by
other parties against CONTRACTOR or CITY because of CONTRACTOR's
performance.
7.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or
for Materials or labor.
7.3.4 Damage to another contractor not remedied.
7.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
7.3.6 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.
7.4 The first Application for Payment, and each payment application thereafter, shall be
based on a prepared schedule of values, allocating the entire CONTRACTOR'S
Direct Construction Cost among the various portions of the Work (the "Schedule of
Values"), and approved by CONSULTANT (as well as any subsequent revisions
thereto), and incorporated herein and attached as Attachment II to the Contract.
CONTRACTOR shall use the Schedule of Values, as well as all updates thereto, to
prepare payment applications utilizing A.I.A. Forms G702 and G703. The Schedule
of Values shall list the cost of Materials, the cost of labor, the cost of equipment and
the cost of Subcontractor work, where applicable, separately for the portions of the
Work delineated. The number of specific items to be delineated on the Schedule of
Values shall be agreed upon by all parties and will be sufficient to allow the
CONSULTANT and the CITY to evaluate progress on the Project and expenditures
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related to the progress. Each monthly Application for Payment shall be for a sum
equal to (i) that portion of the CONTRACTOR'S Direct Construction Cost equal to
the percentage of the Work completed; plus (ii) the total amount of the
CONTRACTOR's General Conditions divided by the total months; plus (iii) the total
amount of the CONTRACTOR'S fee divided by the total months. Therefore each
Application for Payment shall contain an equal amount of General Conditions and of
CONTRACTOR'S Fee; provided, however, prior to the date of the Final Payment
Application, and unless subject to reduction under Article 7.3, the aggregate of the
CONTRACTOR'S Fee payments shall not exceed Ninety (90%) percent of the
CONTRACTOR'S Fee.
The CONTRACTOR'S Direct Construction Cost shall be segregated and detailed in
a manner satisfactory to the CONSULTANT, with sufficient supporting
documentation and description of charges for the CONSULTANT to evaluate the
charges. The Application for Payment shall indicate the percentage of completion
of each portion of the Work, and the total Work, as of the end of the period covered
by the Application for Payment. The Schedule of Values shall be used as one basis
for reviewing the Application for Payment when such amounts are approved. The
Application for Payment may include the cost of Materials not incorporated in the
Work, but delivered and suitably stored at the Project location or at some other
location approved in writing in advance, by the CITY. Materials stored off-site must
be supported by a detailed invoice, a Bill of Sale (transferring ownership to the
CITY}, and an insurance certificate naming the CITY as additional insured equal to
or exceeding the cost of the Material so acquired.
ARTICLE 8
ACCEPTANCE AND FINAL PAYMENT
8.1 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; that the requisite documents have been submitted and
the requirements of the Contract Documents have been fully performed; and that
all conditions of the permits and regulatory agencies have been satisfied, a Final
Certificate of Completion shall be issued by CONSULTANT, stating that the
requirements of the Contract Documents have been performed, and that the Work
is ready for acceptance. The time frame for liquidated damages shall not
commence and thus shall be tolled until the final inspection is performed by the
CONSULTANT.
8.2 On or before issuance of the Final Certificate of Completion, CONTRACTOR shall
deliver to CONSULTANT:
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(1) A Final Waiver and Release of Lien, duly executed by the CONTRACTOR.
(2) An affidavit listing the name, address and telephone number of all the
Subcontractors who have performed Work on the Project, with such
Subcontractors identified as to the trade(s) involved for the Work, along
with the original amounts due and the final amounts paid to each such
Subcontractor in connection with the Project;
(3) Final Waivers and Releases of Lien, duly executed by each of the
Subcontractors;
(4) One (1) original set and two {2) copy sets of the As-Built Drawings, as well
as two (2) CD ROMs, each containing duplicate electronic copies of the As-
Built Drawings in AUTOCAD format, or such other format as may be
approved by the CITY;
(5) Assignment of all manufacturer's warranties, guarantees, and operating
manuals to the CITY; three (3) copies are to be delivered, bound in a form
acceptable to the CITY;
(6) Unconditional consent of the CONTRACTOR'S Surety to final payment;
(7) The final bill of Materials, and invoice (or final application for payment for
same).
8.3 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 certification by 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.
8.4 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 as provided by
Chapter 218, Florida Statutes ("Florida Prompt Payment Act")but no later than thirty
(30) days after Final Completion of the Project, and provided that all final
documents have been submitted by CONTRACTOR and approved by
CONSULTANT. 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 Contract and identified by CONTRACTOR as unsettled at the
time of the application for final payment.
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8.5 The CONTRACTOR'S final application for payment and the CONSULTANT'S Final
Certificate for Payment shall constitute a representation to the CITY by the
CONTRACTOR and the CONSULTANT, respectively, that all conditions precedent
to CONTRACTOR'S entitlement to final payment have been satisfied.
8.6 Should there be any judgment, claim or lien after final payment is made resulting
from the CONTRACTOR'S actions, for which the CITY may become liable, the
CONTRACTOR shall reimburse and indemnify the CITY for all monies that the CITY
shall pay in satisfying, discharging, or defending against any such judgment, claim
or lien, or any action brought or judgment recovered thereon, and all costs and
expenses, including attorney's fees and disbursements, incurred in connection
therewith, including appellate proceedings.
8.7 The making of final payment shall not constitute a waiver of claims by the CITY for:
(a) faulty or defective Work appearing after CONSULTANT'S final certificate for
payment; (b) failure of the Work to be in strict accordance with the requirements of
the Contract Documents discovered after completion of the Work; and (c) the terms
of all warranties required by the Contract Documents.
ARTICLE 9
MISCELLANEOUS
9.1 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.
9.2 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.
9.3 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
CONTRACT and may result in CONTRACTOR debarment.
14
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GMP Amendment No. 1
9.4 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.
9.5 Third Party Beneficiaries. Neither CONTRACTOR nor CITY intends 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.
9.6 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 byhand-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.
The place for giving notice shall remain the same asset forth herein until changed in
writing in the manner provided in this section. For the present, the parties designate
the following:
For CITY:
Jorge Chartrand, Capital Improvement Proiects Office (CIP) Director
Capital Improvement Proiiects Office
777 17 Street, 2" Floor
Miami Beach, Florida 33139
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
MCM Corp.
Jorge Munilla, President
6201 SW 70 Street
Miami, Florida 33143
15
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GMP Amendment No. 1
9.7 Assignment 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.
9.8 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.
9.9 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.
9.10 Applicable Law and Venue. This Contract shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any
controversies or legal problems arising out of this Contract and any action involving
the enforcement or interpretation of any rights hereunder shall be submitted to the
jurisdiction of the State courts of the Eleventh Judicial Circuit of Miami-Dade
County, Florida, the venue site, and shall be governed by the laws of the State of
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, pursuant to
Section 27 of the General Conditions, shall specifically bind all
Subcontractors to the provisions of this Contract.
9.11 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared
16
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GMP Amendment No. 1
with the same or similar formality as this Contract and executed by the CITY and
CONTRACTOR.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
ATTEST:
City Clerk
THE CITY OF MIAMI BEACH
M or
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
ATTEST:
of CorporatPon)
~ _
(Corporate Seal)
By:
~.~iyi ~a~ui ~~
*, o~,~ YY1u~~1IU P~~s deny
(Print Na a and Title)
day of `~ V ~ ~ , 20 ~.
CITY REQUIRES FOUR (3) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
17
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GMP Amendment No. 1
APPROVED AS TO
FORM 8~ LANGUAGE
e~ FOR EXECUTION
J Of
~..~
Attomey~ - ate
~~ f
ATTACHMENT I CONTRACT DOCUMENTS:
SCOPE OF WORK
Permit set dated 10/10/07
FPL drawings dated 01/28/08
Specifications dated 01/31/08
ATTACHMENT II CONTRACT DOCUMENTS:
General and Supplementary Conditions
Executed Pre-Construction Services Agreement
ATTACHMENT III CONTRACT DOCUMENTS:
MCM's Proposal Qualifications and Assumptions dated 03/06/2008
ATTACHMENT IV SCHEDULE OF VALUES
ATTACHMENT V ON SITE PERSONNEL
ATTACHMENT VI CONSTRUCTION SCHEDULE
18
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GMP Amendment No. 1
f~T`t'AC~HMENT 2
00800. GENERAL CONDITIONS:
1. Project 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 swell-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
1
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.
[X] Such prices shall be broken down to show labor, equipment,
materials and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
utility relocation, provided, however, neither CONSULTANT nor
81D NO: XX-XXlXX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
2
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
first 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 first Notice to Proceed,
the CONTRACTOR shall revise the original schedule submittal to address
all review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract. Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
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 recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
4
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Amount of Bond
Policy- Financial
holder's Size
Ratings Category
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class I I
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
5
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
Provisions of this section shall apply.
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Requirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
6
7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) 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 One
Million Dollars ($1,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X ] 7.1.2.1. Premises and/or Operations.
[ X ] 7.1.2.2. Independent Contractors.
[ X ] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X ] 7.1.2.5. Broad Form Property Damage.
[ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[ X ] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
7
7.1.3. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non-Owned Vehicles.
7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid)
[ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
8
7.1.5.1. Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2. Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
9
9. Royalties 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.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: XX-XXlXX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
10
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 means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
I1
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 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, afull-time
competent English speaking superintendent and any necessary
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
12
assistants, all satisfactory to CONSULTANT. The superintendent shall not
be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of CITY and CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
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15. CITY's Right 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 carryon 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
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.
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DATE: JUNE , 2008
CITY OF MIAMI BEACH
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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 Right 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 reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
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18. Rights of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. 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 Tirne, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID NO: XX-XX1XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
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20. Plans and Working Drawings:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans, 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 Responsibility for Damages 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 C-TY, 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.
BID NO: XX-XX/XX
DATE: JUNE .2008
CITY OF MIAMI BEACH
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24. Supplementary Drawings:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent-defects.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
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25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent State
statutes involving State taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to pay or to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[ ] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than % percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
19
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY. '
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shalt complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
BID NO: XX-XXlXX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
20
29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Legal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
BID NO: XX-XX/XX
DATE: JUNE .2008
CITY OF MIAMI BEACH
21
close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Damage to Existing Facilities, Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTOR'S responsibility to identify and locate all underground and
overhead utility lines or equipment affecting or affected by the Project. No
additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
22
33. Value Engineering:
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:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
BID NO: XX-XX1XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
23
such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Change Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
24
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Change 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 othennrise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
25
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: XX-XX/XX
DATE: JUNE .2008
CITY OF MIAMI BEACH
26
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
27
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: XX-XX/XX
DATE: JUNE .2008
CITY OF MIAMI BEACH
28
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
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
any one 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."
BID NO: XX-Xl(!XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
29
39. Notification and Claim for Change of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damages 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
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
30
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Detay; Compensable; Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
bonding capacity, loss of opportunity and all other indirect costs incurred
BID NO: XX-XXlXX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
3l
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: XX-XX/XX
DATE: JUNE , 2D08
CITY OF MIAMI BEACH
32
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shop 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.
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 thirty (30)
calendar days from the date received, unless said Drawings are rejected
by CONSULTANT for material reasons. CONSULTANT's approval of
Shop Drawings will be general and shall not relieve CONTRACTOR of
responsibility for the accuracy of such Drawings, nor for the proper fitting
and construction of the work, nor for the furnishing of materials or work
required by the Contract Documents and not indicated on the Drawings.
No work called for by Shop Drawings shall be performed until the said
Drawings have been approved by CONSULTANT. Approval shall not
relieve CONTRACTOR from responsibility for errors or omissions of any
sort on the Shop Drawings.
BID NO: XX-XX1XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
33
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Layout of the Work and Record Drawings:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, 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.
BID N O: XX-XXIXX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
34
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. 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 atl materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: XX-XX/XX
DATE: JUNE .2008
CITY OF MIAMI BEACH
35
[ 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. Project Sign:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as noncompensable,
BID NO. XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
36
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleaning Up; City's Right 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.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No. 92.2824 in performing any
services pursuant to this Agreement.
BID NO: XX-XX/XX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
37
54. Project Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: XX-XXIXX
DATE: JUNE , 2008
CITY OF MIAMI BEACH
38
ATTACHMrNT
~ C ~ REVISED QUALIFICATIONS
REVISED Mar.6.08 (Revisions in lta/res) Page 1 of 5
10`h Street Auditoriul~n !Miami Beach Patrol Headquarters
RE: QUALIFICATIONS •• BASED ON PERMITTING DOCUMENTS
Below please find a List of (qualifications, Revised on Mar 6.08, based on the "Permitting Dwgs "
dated 10/10/2007 in order to price the above referenced, as follows:
Division 1 -GENERAL. CONDITIONS
1) Permitting Submittal Documents- dated Oct.10.07 was used to price GMP. Building
department's comments have not been incorporated.
2) Construction to commence- promptly after Art Deco Festival on Mon. Feb.4.08.
3} Field office for AIE- Excluded from scope of work.
4) Gift shop relocation- Excluded from scope of work.
5) Existing FF8~E in use by tenants- will be removed by others to some off-site premises.
6) Public Restroom facilities- Excluded from scope of work.
7) Asbestos abatement is not included in the scope of work.
8) Prevailing wages- have not been considered in the scope of work.
9) Costs included in these qualifications exclude CM's bond, insurance and markup.
10) Owner's Cvntingency It i~ recommended that the Owner provide an additional 10% of
construction cost for Contingency. If not used, this contingency would revert back to the
Owner. As such, this contingency will include and cover the below list and any unforeseen
items, which has been estimated to the best knowledge of the CM, but which may vary.
Subsurface 8~ Site Conditions: $25,000 contingency
Concrete Shell:
Auger Cast Plies:
Doors/Finish Hardware:
Copper Prices Escalation:
50% Restoration new terrazzo:
Water Infiltration Test:
Miscellaneous Tools:
Rental Equipment:
Bell South Underground:
$25,000 contingency
$20,000 contingency
$5,800 contingency
350,000 contingency
$24,300 contingency
$20,000 contingency
$10,000 contingency
310,000 contingency
$28,000 contingency
~• ~;~'~ , 3 ~, - ~' •S
~.C
REVISED QUALIFlCAT10NS
REVISED Mar.9.08 Revisions in ~taiics Page 2 of 5
10th Street Auditoriuir !Miami Beach Patrol Headquarters
RE: QUALIFICATIONS -BASED ON PERMITTING DOCUMENTS
••~• ••:{.~~v+~~; f ti; ~'ti .~';f?r'.•;f•,.~tihtirr f$:{y. '~r %'f f :'.~~.{},:~;ti;:v:~}}: ~'•:•:}•:}titifi. • :' ••ti}: ';~f .• ~~ti;: •~:%~%'fr, f{~;}rYfr f.•'f~.
ti .ti 'r,.
.{•:.•:: n .iaY:.. ~:. $ri.:•}:x:..........:~ ..v:}_ ~~ { :•}.:....:.n:....w. {{%f.%{},{ {•.:ti•Si :•.. .•.•: ~:r.r}.~~ .kr}:w: r •::1{v.~rx
Division 2 •-SITE WOaK
11) FPL Service scope- Work squired for FPL service East of the Property line fo the location
of the new transformer is included in this estimate..41so, a $20,000 Owner allowance,
consisting of $7, 500 for landscape restoration and tree relocation, $10, ODO for underground
conflicts and unknowns, $2, 500 for permits and permit expediter, is included. Widening of
alley road including re-surfacing is also excluded.
12) Subsurface Contingency- A contingency is included under owner's contingency for
unexpected subsurface conditions likely to be found when excavating and working in an
existing facility.
13} Project Sign, Info Board- A $10,000 allowance has been included for project graphics
visible to the public during construction, given the important public exposure for this project.
14) Pavers- Price based on using Paver Systems (local paver manufacturer) in standard colors.
15) Drainage well- Considered only to 100'. Additional depth, to be determined by Florida Dept.
of Environmental Protection (FDEP) requirements, excluded from estimate. Additional costs
plus CM's OH and Fee for the drainage well will be as follows:
Deeper than 100' @ $190/ft
Well cleaning, if required due to dewatering @ $7,O0O.OOiwell
16} Public Sidewalks, curb 8~ gutter have been included.
17) Utility companies' Fees- and charges have not been considered. (BellSouth, WASD, etc.)
18) Landscaping- Estimated as per Plant List. MCM will oversee tree transplanting of existing
trees. However due to their age and soil conditions, fJICM will not be able to guarantee
survival.
19} Relacatian of sprinkler pump existing at the site, is included under a $5,000 allowance.
Amount not used would revert back to the owner.
20) Release Drainage Well Contract- Early release is strongly suggested so subcontractor
may begin processing fc~r permit to assure timelines.
21 } No temporary restroom facilities for public use have been included in the GMP.
2Z) Contractor's Allowance-Barricades & MOT- The amount of $25,000 for Barricades and
MOT has been included as contractor's Allowance; amounts not used would revert back to
owner.
23) Additional Demolition and A4ew-Stab Restoration: The demolition of the existing South
masonry fence and the adjacent slab on grade has been included (item 2100). The item is
$5,300 for the Demolition and $14,900 Owner's Allowance for }"°~:~ any required
sodding, landscaping and irrigation.
S
REVISED QUALIFICATIONS
24) Ocean Rescue 'Trarle-• compound scope- Work required for the Ocean Rescue Trailer
compound, based on a 73 month rental period, and permit expediter, has been included in
this estimate. Also, ar, $8, 000 Owner allowance for additional work over the approved
design is included.
Division 3 -CONCRETE AND MASONRY
25) Concrete Shell- Since portions of the building will remain un-demolished, a contingency
has been addressed in item #10 for miscellaneous unexpected items, including shortages in
materials or cost increases.
26) Minor dewatering at elevator pit- is included. No major dewatering considered.
27) Auger cast piles- lncludeG of 31' length. A contingency for longer piling length and/or
excess grout costs is included. Shauld there be any changes, the following unit prices plus
the CM's OH and Fee ti•ill apply:
Description Normal
For piles longer than 31' length add $36.'IOILF
Each pile w grout in exceeding 1.5
times, add $ 8.00/CF
The standby rate for crew & equipment I $500.00/HR
Division 5 -METALS
28) Replacing all existing PVC railings- Has been considered.
29) Stainless Steel Railings- by ARTEC as per plans has been included at areas indicated. An
alternate savings of $38,000 will be generated by using local manufacturer. To be
determined prior to GMP contract.
Division 6 -WOOD 8~ PLASTICS
30}Wood framing repairs at roof- Due to hidden conditions in this deck may be necessary.
Cost is not included.
31) Facilities Tenting- for termite fumigation price will be submitted prior to GMP.
Division 8 -WINDOWS 8~ DOORS
32) Curtain wall, Storefronts, Windows- System is 2600 series by Owen international.
/~
REVISED Mar.6.08 Revisions in italics Page 3 of 5
10`h Street Auditariurn /Miami Beach Patrol Headquarters
RE: QUALIFICATIONS -BASED ON PERMITTING DOCUMENTS
Division 9 -FINISHES
REVISED QUALIFICATIONS
33) Structural Repairs Co-~tingency- As a result of removing existing stucco and sandblasting
could be found. The extent of these repairs cannot be estimated at this time to be covered
by Owner's contingency.
34) Porcelain Ceramic Tile- Material cost of $2.65/sf (including taxes & delivery), PCT-1 is 12"
x 12" r. 5116" Integra UP601ce White Solid by Bedresians. Cove base material cost of
$7.80/sf (including taxes; and delivery). Base is 6" x 8" x 5/16" rounded top.
35) Terrazo Interior- Epoxy terrazzo, 3/8" with crack isolation membrane, is included in 2nd
Floor except Covered Patic corridor 201. Bonded '/s" Cement Terrazo in setting bed is
included in Ground Floor and in Covered Patio corridor 201.
36) Owner Will Provide Calor Board- for MCM to make color copy & affix in site office.
37) Athletic Flooring- Sport Crain Plus 7.65 mm by Connor Sport Court International as
specified. Color and texture from standard charts.
Division 10 -SPECIALTIES
38) Toilet compartments and Accessories included. Compartments are ceiling hung by
Comter., accessories by Bobrick.
39) Decorative Security Grill- Included $5,000 for the in:.tallation and $5,000 for wire mesh.
Pending clarification of details from manufacturer. Architect to provide new detail using
screws for wire mesh attachment to avoid welding.
40) Flagpole- Allowance of $7,000 included. MCM will not be responsible and will be held
harmless by the City in case of any incident that may occur.
41) Exterior building letters- to be 20 letters, 18" ht. in. aluminum, reverse channel letters,
Clear Powder coated, by JL Creative Designs or equal.
42) Lockers 8~ Benches- by Penco Products, as indicated in Drawings with Zee bases and flat
tops, in cold rolled steel. Benches have solid Maple tops. No coin operated lockers provided.
Division 14 -CONVEYING SYSTEMS
43) Elevator- ThyssenKrupp AMEE 25 Oildraulic elevator, 2500 Ibs, 100 FPM, with adjacent
machine room. Interiors are plastic laminate from standard range.
LIST OF PROPOSED MAJOR SUBCONTRACTORS
44} We anticipate using thz following major Subcontractors. Please note, the Subcontractor's
Agreements have been conditioned on receiving an executed contract and NTP by
Wednesday, Mar.12.08.
a) Site work GPE Engineering
b) Demolition Demolition Masters
~,
.
'
REVISED Mar.6.08 Revisions in Italics Page 4 of 5
10'" Street Auditoriu -n /Miami Beach Patrol Headquarters
RE: QUALIFICATIONS ~- BASED ON PERMITTING DOCUMENTS
~.C
REVISED QUALIF{CATIONS
REVISED Mar.5.08 Recisions in 'talics Page 5 of 5
10th Street Auditoriu+~ /Miami Beach Patrol Headquarters
RE: QUALIFICATIONS -BASED ON PERMITTING DOCUMENTS
•'r,: :•r}:{{; :•}}::•:{~:. ' .vr•~~} :}~f.v.,•r~~ti}}~~.r{f~ ,f~}+~.~.'~ }•r }fti~r ~'r'•:r~ ::vr.•: :•: xr:::.ti~:•.r,:•:•.vfr: ti•::f~{f . rf •:.r f
} ; }};tiff}! {:ti :y,;::t .:~s :{:x~}{..•;~~;:r•{vjthrjkY{{~i!•'J{{.VJ~v.:'fs`}f,`.;{.}rs %:.{r}ks ;:~ :f {:fr{::{ ::• is{ti~:titif~r~f }~ ~r~•f ti•:
c) Shell Titan Construction
d) Auger Gast Piles Ebsary Foundation
e) Doors, Hardware Firedoor (Arc-One)
f) Glazing O~n~en Industries
g) Dry~nrall Titan Construction
h) Stucco Ralph Martin Construction
i) Ceramic Pallais Construction
j) Marble Artistic Surtaces or Dr. Marble
k) Elevator Thyssen-Krupp
I) Fire Protection Arfran II
m) Plumbing Palmetto Plumbing
n) HVAG Coltec Engineering
o) Electrical PM Electric
End of Qualifications ~-~ ~•~ . -.
c..~ ~ ~ ,
c
_; -. t
'~- ,. ,.
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A 1 1 nV111v1L1 ~ 1 .~
C~-~~~-~/~~ PROJECT ESTIMATE
Miami Beach Patrol
_ 6-Mar-08
PROJECT: Miami Beach Patrol CONST TIME: 'i3 Mrtth BID DATE: 5-Mar-OS
LOCATION: 10th Street & Ocean Drive BUDGET: BiD TIME: 3:30:o0PM
DESCRIPTION: SQFT: 16,557 LIQ. DAMG.: N!A
MINORITY REQ: ADDENDA:
1 • ~ ~
1202.000 Senior Project Maneger (2dlwk) 42,900 -?--42;900
1202.010 Assistant Project Manager (3dlwk) 79,200 ci? 79,200
1203.000 Superintendent 193,200 <'193,20D
1205.000 Field Engineer (3tl/wkl 75,600 L~ 75;600
1206.000 Field Clerk (2tly/vrF•,) 25,200 ~-:. 25;200
1300.000 Scheduling Services B 6,000 6,000
1310.000 Survey 8 Layout Data B 5 000 "' 5;000
1310.010 Piling Survey 2 500 ',-~,' 2;SOl'S
1310.020 Final Survey 3000 .w=~ <'"3;ODU
1320.000 Construction Photogrephs 5110::12 mo - 5500 final 1 900 1;90Q
1420.000 Courier 8 Mail Services 5300::12 mo 3,600 :3;601)
1502.000 Temp Phone 8 DSL $675x12 mo+ ins1a1:5125 x 3 lines 8,600 t}{600
1502.010 Cell Phones $15Drpers x4r.12 mo 7,200 r., .7,200
1503.000 Temporary Toilets (Const) 5100;:2x12 mo+2x5200 permit
i 2,800 ?:: `2;800
1503.030 Holtling Tanks 5240;;12mo 3,000 ~"' x;000
1510.000 Office Trailer-MCN 5500:; 12mo +g34D0 Setup 9 400 >.~ i~;z9~(?• ;9;4DD,
1512.000 Trailer Platforms 400 500 ;:~`?;:~ti;90D
1514.000 Office FurnlEquipment 2,500 2;501)
1514.019 Job Site Comp Software 800 `800
157QD00 Miscellaneous Tools B- (S'~Ok moved to Owners contingency) 5A00 ;i:;,;,:;~: I61000;
1590.000 Ofrrx Supplies Fieltl $SOOx12mo 6.000 `:. ':~; i;6;DOt7
1601.000 Audio Visual Record 3,000 s- s3;1>DO
1700.000 Final Cleaning 8 SDO ~i~ ~~., u, iB;500
1705.000 Field Off,ce Cleaning $25x~.35x12mo 1 400 " S'I';4DD
1710.000 Closeout Documents 1,000 :---bf,000
~ ~ ~ ~ ~ ~~ ~~ ~~ .~~ ~~ 498,200
C
~;
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FiM oath: T.9EsGmefinglCryslal ReportslMCM Projec _Eslimale Repwr v2 LAURA MUNILLArp= PRINTED: 6-Mat-08 Page 1 of 4
:•- ~ . •
2 •-
2010.000 Mobilization 15.000 ` 15;000
2060.000 Demolition. Buildings 151.900 , < ~ 15~,90D
2070.060 Dumpsters for Seiec Gemo For selective demo only 3,200 = -~ 3;200
2070.085 Rental Dumpsters $525 x (1x4.35x13 mo+1x4.35x6 mo) 43.700 - :,: 43;700
2100.000 Demo South Wall-Landsc 8 Irrigafi $530(1 for demo+$14900 Allowance 2D 200 .: 20;200
2130.010 Travel/Meeting Expenses $350 zt2 mo 4,200 ~' 4,200
2130.015 Temporary Water $300 x12 mo 3,800 3;600
2130.035 Temp Storage Trailer 3140 x 1 x 12 mo 1.700 1,700
2130.040 Barricades 8 MOT Allowance 25,000 :,,-25;OOQ
2130.045 Temp Electrical 3400 x72mo 4,800 - ~`u~ 41800,
2134.046 Temp Fence Rental * Mainl 31200 x 12 mo 14,400 " 14;400_
2130.047 Drinking Water & Ice $45x~.35x 12 rno 2.400 2;400
2130.050 Protection -Hurricane 5.000 ~ S;ODO
2130.055 First Aid-OSHA__ $500 x 12 mo 6,000 6;000
2130.060 Transport 8 Fuel $500 x 12 mo 6,000 : 16,000,
2130.065 Staging Area 12 ODO :" 12,00((
2130.070 Project Sign 8 Info Board Allowance 10,000 10',000
2131,000 SlreetUpkeep $200>:4.35x13mo 13,000 ~ 13;OOd
2200.000 Earthwork, Fill Includes Base under Pavers 26.500 '-' ' ` 26;500
2515.000 Pavers 1D OOD ~ '.10;000
2520.000 Interior Walkways, Slabs 19,200 'e"' ''-19;200
2521.000 Exterior Sidewalks & Curb 36,300 "S''' °:-36,800
2522.000 Terrazo, Exterior
~ 16 800 ;a' -16;80
2600.000 WSPD Patch Ocean Drive & interior 137 200 ~ r' ';137;200
2710.000 Drainage Well 25,000 28,000
2810.000 Irrigation system 7 100 ."•3t""-~ 7A00
2610.010 Relocation of irrigation pump Allowance 5,000 "~5~00~§;'j` 5;000
2620.000 Fountain to be restored 16.900 '~`'` ~?~ "18;900
2832.000 Barrier & Fence Next to alley 1fi,000 ~ ":. 16;000
2895.000 Ocean Rescue Trailer compound Includes $8,000 Owner Allowance 8,000 121,000 ' 129;000
2896.000 FPL Dudbank in Site Includes $20,(X10 (Tuner Allowance 20,000 44,000 6q;OD0
2900.000 Landscaping and sod 24 0170 :- 34{000
2910.000 Top soil Planting & under sod 2 500 5 ~'L;500
2990.000 Demobll¢ation
• ~ •
~ ~ • 10,000
~ ~
~ ~ <10000,
889,600
3 •
3000.100 Concrete Shell, inc Mas Bonded 750,000 `??kr:`?{'5750;006
3040.000 Dewafering ,minor Eleva~~or pit 2D 000 ~" :~2DD00'
3071.000 Auger Cast Piles 144 SDO ',• ~ J44;50D.
3100.000 Rental Equipment B-($10k moved to (Tuner's contingency)
• • ' 5 000
~~ - ,~ ~;St000_
919,500
5
5175.000 Overhead Doors Supports 2 locations 3,000 ' "=`~"s?"31000
5500.000 Metal Fabrications 140,000 ~. `±',140;000
~
5720.000 PVC Railings A4 Beach Patrol Only 27.000 ~,`µ~i=-~27;OOD
"~
5720.700 _
S/SRailings 79,70D `~~::I;:is':`79;700
5810.001
6
6100.000 Stairnosings
• .
Rough Caroenlry,Nailers Allowance
•
,000
,200 2500
~ ~ •~':`k i 2;500
252,200
,kt'~' j';260
6410.000 Millwork! Countertops 14,600 ,:,;ra' ; 14;6(10.
6700.000 Shell Rough Carp. Upkeep (1 Foreman+l labor)x6mo + 2 lab x 15mo 140,100 I(C140y1D0
6710.000 Const. Aids. Ladders Temporary Ladders 8 Safety S,ODO 2,5170 ";!7;500
6760.000 Protections & shoring
• • ^ • 10,000
. ~ ~ ~ 10,000
~ ~
• ~ ~ "20,000
190,400
7 • -•
7100.000 Waterproofing. Joint Seal 45.00 0 ~- u.-,-~ 45,000
7210.800 Sprayed Insulalwn R 5.5 ~cynene 2,00 0 .` 2;000
7220.000 Roofing System Bonded
• • ' ' • • 162,00
~ • ~ ~ ~ 0 ;,'-~:~~~: 162,000
209,000
Foe °artr, T1ES6matinglCrystaf Reports4MCM ProjeC_Esfimare_Repwl vl L4URA M.UNfLWrpr PRINTED: 6-Maki>8 Page 2 of 4
~ . . :.- ~
8 .•~• .•
6100.000 Doors 8 Finish Hardw. 88,900 ~:. --~dBBi800
8110.000 Door Installatior: 12,800 °' 12;800
8110.005 Mirrors-Vinton Panels 2,000 , _r__-: 2,OD0
8520.000
9 Windows, Storefronts
~ • •' ~ •
• ~ 320,000 :. ~-- - 320,OD0
~ ~ 423,700
9220.000 Stucco 98,000 '~`;{~°'i~~; 98;000
9221.000 Stucco Res: Sand Blasting 29,300 '.rl~a,~:,: 29;300
9250.000 Gypsum board Includes insulation 210,000 +M~, 210,OD0
9310.000 Ceramic. Quarry `ile _ 35,800 +;~a~;.,-:; .35,900
9410.000 Terrazo. intsriot _ 204,300 +,-',- 204.300
9420.900 _
Terrazzo Restoration 13,600 '' 13;600
9450.000 Coral Rack Factng Facade 55,900 ',-?t?r`I;~ !'' 55;900
9510.000 Awustical ceilings 8 500 :~~ ±i ~' '8,500
9560.000 Wootl Flooring, repair 4,100 ' "''"""" 4;100
9660.000 Resilient Flooring 7,100 .,,r- , 7,100.
9665.000 Athletic Floering 8,000 *ti?S`~e^,a3 -8;000
9900.000
10 Paints 8 Coatings
• ~ 50,OD0 '~~S'~`~l~ 50;000.
~ . ~ ~ 724,600
10010.000 Miscelleneeus SpeJalties 1,000 .:>s=. ~.: 9,000
10165.000 Toilet Comp 8 Acxssories 35.000 w~~i~.^, 35,OD0
10190.000 Shower Curtains 500 :. 500
10200.000 Decorative Security Grill Incluoes mesa. fence 5.000 5,000 25,300 V'>&b~*`~35~,:35,300
t021D.60D Louvers, round 1,000 3,200*>:!:r:' 4,200
10350.000 Flagpole restoration Allowance 7,000 ~~~ _ 7,000
10400.000 Identification Devicss Interior signs 5,800 ''^ 5;800
10430.200 Exterior signege Bulldng letters
.' 8,500 " B.50D
10505.000 Lockers & Benches _ 11,000 11,000.
10525.300 Fireextingutshers 1.000 1,000
10625.000
11 Operable Partibons
• -
• ~ ~~~ ~~~ 25,600 25,600
'~~ 134,900
11132.000 Projection Screen E Lift 7,600 -,a; :,, 2,606
11452.000 Residemial Appliances
•
• BDO B00
• ~ ~ 8,400
14 •
14200.000 Elevator Bonded 46.800 _: ?a46,800
14250.000 Elevator CiOnslNdi9n Use
• ~
• ~ 6.OOD '. ' = --.:6;000
: ~ ~ s2,soo
15
15300.000 Fire Protection, DDCV Bonded 50.500 :. ;:.:50;500
15400.000 Plumbing Bonded 212,200 „~..-:.,.,212;200
15500.000 HVAC Bontled
•
• • 445 300 -, - r 445,300
~ • ~ ~ ~ 7os,ooa
16
18050.000 Electrical 465,000 _~~~~~~~-465,000
16197.000
18
16185.000 Electrical Drop ~
:• w ~
Bond 8 Insurance Costs S5000
.
• ~ ~
•
• 5,000 5;000
~ ~ ~ ~ a7o,oo0
124.500 124,500
~ ~ 124,500
SUBTOTAL COST WITHOUI":ADD=.OIVS , q rr~`a1x~r° s "'"., `.~". ...... ,~s~aeyrp~erhe a+au~~.. ,Y~- ,.
~~
~' :i ~ -c.
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