HomeMy WebLinkAboutReso 2019-2952 RESOLUTION NO. 2018 _ 2`1SZ
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA AWARDING
INVITATION TO BID NO. 19-01-01 FOR THE GATEWAY PARK
CENTER PROJECT TO, AND APPROVING AN AGREEMENT
WITH, NUNEZ CONSTRUCTION, INC., IN AN AMOUNT NOT
TO EXCEED SIX MILLION SEVEN HUNDRED TWENTY-
THREE THOUSAND FIVE HUNDRED EIGHTY-SIX DOLLARS
($6,723,586.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT AND TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City issued and advertised Invitation to Bid ("ITB") No. 19-01-01 for
the Gateway Park Center project and received six (6) responses, and it was determined that
Nunez Construction, Inc. ("Contractor") was the lowest responsible, responsive bidder; and
WHEREAS, the Contractor, Inc. isqualified, willingand able to provide the Services on
the terms and conditions in the Agreement; and
WHEREAS, the City wishes to award ITB No. 19-01-01 to, and enter into an Agreement
with, Nunez Construction, Inc. for the Gateway Park Center project, in a total amount not to
exceed Six Million Seven Hundred Twenty-Three Thousand Five Hundred Eighty-Six Dollars
($6,723,586.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of RFP No. 18-03-01 and Approval of Agreement. The CityCommission
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herebyapproves the award of ITB No. 19-01-01 to, and enter into an Agreement with, Nunez g
Construction, Inc. for the Gateway Park Center project, in a total amount not to exceed Six
Million Seven Hundred Twenty-Three Thousand Five Hundred Eighty-Six Dollars
($6,723,586.00), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute
said agreement and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
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PASSED AND ADOPTED this 20th d. ' of Ju - 2019.
George r.'. Scholl, Mayor
R2019 Awd Bid 19-01-01 and Enter into Agmt w Nunez Const for Gateway Park Ctr Page 1 of 2
ATTE .T:1
iIl
-tan. _
Mauric • Betansur, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
•
,dYt
Edward . Dion, City Attorney
Moved by: CDWAtNU.-stogel— V (SC44 -(Ar
Seconded by: CAWIAtc3tO(..1I1?_ £ . -M4 1
Vote:
Mayor Scholl (Yes) (No)
Vice Mayor Svechin V (Yes) (No)
Commissioner Goldman Yes (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra (Yes) (No)
82019 Awd Bid 19-01-01 and Enter into Agmt w Nunez Const for Gateway Park Ctr Page 2 of 2
•
CONTRACT NO. 1819-7141 .
•
THE CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made and entered into this J_16 day of Ti, n e.
2019, by and between CITY OF SUNNY ISLES BEACH,A MUNICIPAL CORPORATION OF
THE STATE OF FLORIDA, whose address is 18070 Collins Avenue Sunny Isles Beach,
Florida 33160 (hereinafter referred to as "the City") and NUNEZ CONSTRUCTION, INC., A
• FLORIDA CORPORATION (hereinafter referred to as the ''Contractor"), under seal for
• construction of the GATEWAY PARK CENTER (hereinafter referred to as the"Project"), the
City and the Contractor hereby'agreeing as follows:
•
ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
1.1 The Contract
1.1.1 The Contract between the City and the Contractor, of which this Contract is a
part,' consists of the Contract Documents. It shall be effective on the date this Contract is •
executed by the last party to execute it.
•
1.2 The Contract Documents
1.2.1 The Contract Documents consist of this Contract, the Specifications, the
Drawings, the Addenda, the Bid Documents (BID NO.19-01-01), any Supplemental• . •
• Conditions, all Change Orders and Field Orders issued hereinafter, any other amendments
hereto executed by the parties hereafter, together with the following (if any):
•
NOT APPLICABLE
•
Documents not enumerated in this Paragraph 1.2 or Paragraph 1.3 are not Contract
Documents and do not form part of this Contract.
1.3 Entire Agreement
• 1.3.1 This Contract, together with the Contractor's.bond for the Project, constitute the
entire•and exclusive agreement between the City and the Contractor with reference to the
Project. Specifically, but without limitation,'this Contract supersedes all prior written or oral
communications, representations and negotiations, if any, between the City and the
Contractor. •
1.4 No Privity with Others
1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity
or any other contractual agreement between the City and any person or entity other than the
Contractor.
1.5 Intent and Interpretation
1.5.1 The intent of this Contract is to require complete,'correct and timely execution of
the Work. Any Work that may be required, implied or inferred-by the Contract Documents, or
any one or more of them, as necessary to produce the intended result shall be provided by
the Contractor for the Contract Price.
1.5.2 This Contract is intended to be an integral whole and shall be interpreted as
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internally consistent. -What is required by any one Contract Document shall be considered as
required by the Contract.
1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or
construed, first, as defined herein; second, if not defined, according to its generally accepted
meaning in the construction industry; and third, if there is no generally accepted meaning in
the construction industry, according to its common and customary usage.
1.5.4 The words "include", "includes , or"including", as used in this Contract, shall be
deemed to be followed by the phrase, "without limitation".
1.5.5 Thespecification herein of any act, failure, refusal, omission, event,
occurrence
or condition as constituting a material breach of this Contract shall not imply that any other,
non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed
not to constitute a material breach of this Contract.
1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular
and plural forms, unless the context of their usage clearly requires a contrary meaning.
1.5.7 The Contractor shall have a continuing duty to read, carefully study and
compare each of the Contract Documents, the Shop Drawings and the Product Data and shall
give written notice to the City of any inconsistency, ambiguity, error or omission which the
Contractor may discover with respect to these documents before proceeding with the affected
Work. The issuance, or the express or implied approval by the City or the Engineer/Architect
of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of
the continuing duties imposed hereby, nor shall any such approval be evidence of the
Contractor's compliance with this Contract. The City has requested the Engineer/Architect to
only prepare documents for the Project, including the Drawings and Specifications for the
Project, which are accurate, adequate, consistent, coordinated and sufficient for construction.
HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY
NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS.
acknowledgesand re resents that it has received
By the execution hereof, the Contractor p ,
reviewed and carefully examined such documents, has found them to be complete, accurate,
adequate, consistent, coordinated and sufficient for construction, and that the Contractor has
not, does not,.and will not rely upon any representation or warranties by the City concerning
such documents as no such representation or warranties have been or are hereby made.
The Contractor further acknowledges and represents that it has made a thorough and careful
examination and inspection of existing conditions on the Project site, both surface and
subsurface, and the Contractor expressly acknowledges and agrees that it shall make no
claim for additional compensation due to existing site conditions including, but not limited to,
rock, surface and subsurface water, existing structures, and deficient soil, provided said
conditions could be determined or ascertained from a thorough and careful examination and
inspection of the site.
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1.5.8 In the event of any conflict in the Contract Documents, the following documents
shall take precedence in the following order of precedence:
(a) >any Change Orders;
(b) the Addenda;
(c) the Specifications;
(d) the Drawings;
(e) any Supplemental Conditions;
(f) the Contract for Construction;
(g) the City's Bid
(h) the Contractor's Response
As between numbers and scaled measurements on the Drawings and in the Design, the
numbers shall govern; as between larger scale and smaller scale drawings, the larger scale
shall govern.
1.5.9 Neither the organization of any of the Contract Documents into divisions,
sections, paragraphs, articles, (or other categories), nor the or organization or arrangement of
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the Design, shall control the Contractor in dividing the Work or in establishing the extent or
scope of the Work to be performed by Subcontractors.
1.5.10 Whenever the word "days" is used, it shall mean calendar days and not working
days unless otherwise specified.
1.5.11 Contractor shall comply with Section 255.04, Florida Statutes, in selecting
subcontractors, materials and suppliers.
1.6 Ownership of Contract Documents
1.6.1 The Contract Documents, and each of them, shall remain the property of the
City unless the City has agreed otherwise with the Engineer/Architect. The Contractor shall
have the right to keep one record set of the Contract Documents upon completion of the
Project; provided, however, that in no event shall Contractor use, or permit to be used, any or
all of such Contract Documents on other projects without the City's prior written authorization.
1.7 Public Records Law
1.7.1 The Contractor shall comply with all applicable requirements contained in the
Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any
applicable provisions in Section 119.0701, Florida Statutes. To the extent that the Contractor
and this Contract are subject to the requirements in Section 119.0701, Florida Statutes, the
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Contractor shall: (a) keep and maintain public records required by the City to perform the
services provided hereunder; (b) upon request from the City's custodian of public records,
provide the City with a copy of the requested records or allow public records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law; (c) ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law for the duration of the term of this Contract and
following completion of this Contract if the Contractor does not transfer the records to the City;
and (d) upon completion of the Contract, transfer, at no cost, to the City all public records in
the possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers allublic records to the Cityuponcompletion
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of the Contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the Contract, the Contractor shall meet all
applicable requirements•for retaining public records. All records stored electronically must be-
provided to the City, upon request from the City's custodian of public records, in a format that
is compatible with the information technology p o ogy systems of the City. If the Contractor fails to
comply with the requirements in this Section, the City may enforce these provisions in
accordance with the terms of this Agreement. If the Contractor fails to provide the public
records to the City within a reasonable time, it may be subject to penalties under Section
119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONTRACTOR CITY'S OR SHOULD CONTACT THE CITY S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY TELEPHONE
(305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR MAIL (CITY OF
SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS
AVENUE, SUNNY ISLES BEACH, FLORIDA 33160).
1.8 Compliance with Laws
1.8.1 Contractor and the Services must comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations including, without limitation, American
with Disabilities Act (ADA), 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973,
and any related federal, state, or local laws, rules, and regulations.
1.8.2 ADA Compliance
Upon request, Contractor will provide the City with any accessibility testing
results and written documentation verifying accessibility for documents delivered by the
Contractor to the City, as well as promptly respond to and resolve accessibility complaints.
1.9 Electronic Recordkeepinq
1.9.1 Contractor certifies its services and products meet all recordkeeping
requirements of the State of Florida, including but not limited to those in Chapter 119, Florida
.Statutes and Rule 1B-26.003(6)(g), Florida Administrative Code.
ARTICLE II
THE WORK
2.1 The term "Work" shall mean whatever is done by or required of the Contractor to
perform and complete its duties under this Contract, including the following: construction of
the whole or a designated part of the Project; furnishing of any required surety bonds and
insurance; and the provision or furnishing of labor, administration, management, supervision,
testing, services, materials, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, permits and licenses required of the Contractor, fuel, heat,
4
light, cooling and all other utilities as required by this Contract. The Work to be performed by
the Contractor is generally described as follows:
:The Work to be:<perfrmed:under this Contract-includes, but is not :limited-:to,-the • ..
buildout of the Gateway Park Center, located at 151 Sunny Isles Boulevard, Sunny Isles
Beach, Florida, to create a Community Center consisting of the following amenities: office
space, reception area, multi-purpose rooms to accommodate meetings, banquets and an
indoor stage, a catering kitchen, concession area, and storage area totaling approximately
17,039 square feet, together with associated furniture and fixtures, as shown and specified in
the Bid Documents.
2.2 The Contractor shall perform all of the Work required, implied or
reasonably inferable from, this Contract. The Contractor agrees to comply with the City
of Sunny isles Beach permitting requirements, including all licensing requirements
associated with the Building Department.
artment.
The Contractor shall perform all of the Work required, implied or reasonably inferable
from, this Contract.
2.7 Unless expressly permitted or allowed by the Contract Documents, substitutions
of materials, articles, systems, equipment, or other components of the Work will not be
considered. Where substitutions are expressly permitted or allowed by the Contract
Documents, the Contractor must demonstrate to both the Engineer/Architect and the City
that a proposed substitution is equal in substance, quality and function to the material, article,
or piece of equipment identified in the Contract Documents. The City shall have no obligation
to accept a proposed substitution and no substitution shall be allowed without the prior written
approval from both the Engineer/Architect and the City. If the substitution results in a savings
to the Contractor, the City shall be entitled to a credit for the amount saved as a result of the
substitution.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1.1 The City shall notify the Contractor in writing of the date on which the Work shall
• begin ("the Notice to Proceed Date"). The Contractor shall commence site activities on the
Notice to Proceed Date, and the Work shall be carried on regularly and without interruption.
The Contractor shall achieve Substantial Completion of the Work no later than Three
Hundred Five (305) calendar days after the Notice to Proceed Date. The number of
calendar days from the Notice to Proceed Date, through the date set forth for Substantial
Completion, shall constitute the "Contract Time." The Contractor shall furthermore achieve
Final Completion of the Work no later than Thirty (30) Days after the date of Substantial
Completion.
3.1.2 The Contractor shall pay the City the sum of TWO HUNDRED FIFTY Dollars
($250.00) per day for each and every calendar day of unexcused delay in achieving
Substantial Completion beyond the date set forth herein for Final Completion of the Work.
Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty,
but as liquidated damages representing an estimate of delay damages likely to be sustained
by the City, estimated at or before the time of executing this Contract. When the City
5
reasonably believes that Final Completion will be inexcusably delayed, the City shall be
entitled, but not required, to withhold from any amounts otherwise due the Contractor an
amount then believed by the City to be adequate to recover liquidated damages applicable to
such-delays: .•
3.2 Notice of Award and Notice to Proceed Date
3.2.1 Upon approval of the Contract for Construction by the City, a written "Notice of
Award" letter shall beissued by the City Manager. Upon issuance of the "Notice of Award"
letter, the Contractor shall spare no expense in personnel and time in order to secure all
necessary permits within sixty (60) days. If the Contractor, through no fault of its own, is
unable to secure permits within this time period, the Contractor shall notify the City in writing
detailing the reason for the delay and request a non-compensable time extension to secure
permits. It is at the discretion of the City to either award or deny the Contractor's request for a
time extension. If the request is approved, the City shall issue a letter specifying the
additional number of days the Contractor has to complete acquisition of the permits. The
"Notice to Proceed Date" shall be determined once the Contractor has obtained any and all
permits necessary to commence construction or if the request for a time extension is denied,
the City Manager shall issue a "Notice to Proceed" letter" in which the "Notice to Proceed
Date" is established as set forth in paragraph 3.1.1.
3.2.2 Once the Notice to Proceed Date has been established, the Contractor shall be
responsible for the timely and successful completion of the Work and shall endeavor to
provide all applicable agencies having jurisdiction with all the required documentation needed
to successfully and timely continue the progress of the Work This may include, but is not
limited to providing all necessary documentation in the form of shop drawings, clarifications,
calculations, technical data, protocols; product approvals, etc..
3.2.3 Under no circumstances will the City accept claims or be responsible for delays
arising from failed, unsuccessful, untimely or late inspections or rejections of inspected Work
due to the fault of the Contractor for not supplying all of the necessary documentation in the
forms required or requested by the Building Official.
3.3 Substantial Completion
3.3.1 "Substantial Completion" shall mean that stage in the progression of the Work
when the Work is sufficiently complete in accordance with this Contract that the Citycan enjoy
beneficial use or occupancy of the Work and can utilize the Work for its intended purpose. A
condition precedent for the achievement of Substantial Completion is the receipt by the City of
any and all Certificates of Occupancy or other authorizations required for occupancy by any
governmental or regulatory authority.
3.4 Time is of the Essence
3.4.1 All limitations of time set forth in the Contract Documents are of the essence of
this Contract.
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ARTICLE IVCONTRACT PRICE
4.1 The Contract Price
4.1.1 The City shall pay, and the Contractor shall accept, as full and complete
payment for all of the Work required herein, the fixed sum of Six Million Seven Hundred
Twenty-Three Thousand Five Hundred Eighty-Six Dollars ($6,723,586.00). The sum set
forth in this Paragraph 4.1.1 shall constitute the Contract Price which shall not be modified
except by Change Order provided in this Contract.
a ge as
4.2 Unit Prices
4.2.1 In the event all, or any portion of, the Contract Price is to be determined by the
application of unitprices, the followingterms and conditions area applicable and controlling:
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(a) The number of units contained in the schedule of prices bid is an
estimate only, and it is expressly acknowledged and agreed that
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payment to the Contractor shall be determined by the actual number of
units incorporated in, or made necessary, by the Work;
(b) Payment to the Contractor shall be made at the Contract Unit Prices
applicable to each integral part of the Contract. The Contract Unit Prices
shall be full compensation for ail costs associated with completion of all
unit price work in full conformity with the requirements of the Contract
Documents;
(c) Where the quantity of Work with respect to any item that is covered by a
Contract Unit Price is increased or decreased by more than twenty
percent (20%) from the quantity of such Work indicated or estimated in
the Contract Documents, an appropriate Change Order shall be issued
to adjust the Contract Unit Price, if warranted and justified, and if fully
supported by documentation submitted to the City and the Engineer /
Architect and if a timely claim is made for same in accordance with the
terms and provisions of this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall
submit to the City and to the Engineer/Architect a Schedule of Values allocating the Contract
Price to the various portions of the Work. The Contractor's Schedule of Values shall be
prepared in such form, with such detail, and supported by such data as the Engineer /
Architect or the City may require to substantiate its accuracy. The Contractor shall not
imbalance its Schedule of Values nor artificially inflate any element thereof. Any violation of
this provision by the Contractor shall constitute a material breach of this Contract. The
Schedule of Values shall be used only as a basis for the Contractor's Applications for
Payment and shall only constitute such basis after it has been acknowledged in writing by the
Engineer /Architect and the City.
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5.2 Payment Procedure
II':. ;, , '5.2..1 . - . ...:The City shall pathe Contract Price to the Contractor as provided below.
5.2.2 Progress Payments -- Based upon the Contractor's Applications for Payment
submitted to the Engineer/Architect and upon Certificates for Payment subsequently issued
to the City by the Engineer / Architect the City shall make progress payments to the
Contractor on account of the Contract Price. Contractor shall use the AIA payment submittal
method.
5.2.3 On or before the 15th day of each month after commencement of the Work, the
Contractor shall submit an Application for Payment for the period ending the last day of the
previous month to the Engineer/Architect in such form and manner, and with such supporting
data and content, as the City or the Engineer / Architect may require. Contemporaneously
with the submission of each Application for Payment, the Contractor shall submit a current
shop drawing log reflecting the status of all shop drawings and submittals; a current CPM
schedule as required by Paragraph 7.8 herein below; a current draw-down schedule as
required by Paragraph 7.8.1 herein below; and the Contractor shall have a current set of As-
Built drawings maintained on site and available for inspection. Submission of the shop-
drawing log, CPM schedule, draw down schedule, and photographs as required herein shall
be a condition precedent for payment to the Contractor. With regard to any Contract for
construction.services, a public entity may withhold from each progress payment made to the
Contractor an amount not exceeding.10 percent of the payment as retainage until 50 percent
completion of such services. After 50 percent completion of the construction services
purchased pursuant to the Contract, the public entity must reduce to 5 percent the amount of
retainage withheld from each subsequent progress payment made to the Contractor. For
of this section, the term "50 percent completion" has the meaning set forth in the
purposes ,
Contract between the public entity and the Contractor, or if not defined in the Contract, the
point at which the public entity has expended 50 percent of the total cost of the construction
services purchased as identified in the Contract together with all costs associated with the
existing change orders and other additions or modifications to the construction services
provided for in the Contract. Payment for stored materials and equipment shall be contingent
upon the Contractor's proof satisfactory to the City, that the City has title to such materials and
equipment and shall include proof of required insurance sufficient to protect the City from any
loss should the materials and equipment be lost, stolen or otherwise destroyed or damaged.
the
Such Application for Payment shall be signed bythe Contractor and shall constitute
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Contractor's representation that the Work has progressed to the level for which payment is
requested in accordance with the Schedule of Values, that the Work has been properly
installed or performed in full accordance with this Contract, and that the Contractor knows of
no reason why payment should not be made as requested. Thereafter, the Engineer /
Architect will review the Application for Payment and may also review the Work at the Project
site or elsewhere to determine whether the quantity and quality of the Work is as represented
in the Application for Payment and is as required by this Contract. The City, in its sole
discretion, may review the Work and the Application for Payment prior to any certification by
the Engineer / Architect and the City may, in its sole discretion, require the Engineer /
Architect and the Contractor to meet and confer with the City with respect to said Application
for Payment prior to any certification of same. The Engineer/Architect shall determine and
certify to the City the amount properly owing to the Contractor. The City shall make partial
payments on account of the Contract Price to the Contractor within twenty-five (25) days
following the receipt of the Engineer/Architect's approval of each Application for Payment.
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. The amount of each partial payment shall be the amount certified for payment by the
Engineer/Architect less such amounts, if any, otherwise owing by the Contractor to the City
or which the City shall have the right to withhold as authorized by this Contract. The Engineer
iContractor'sfor +�. ,.. , _
certification of the Application. Payment shah-not preclude C�►�<.�
from the exercise of any of its rights as set forth in Paragraph 5.3 herein below.
5.2.4 The Contractor warrants that title to all Work covered by an Application for
Payment will pass to the City no later than the time of payment. The Contractor further
warrants that upon submittal of an Application for Payment, all Work for which payments have
been received from the City shall be free and clear of liens, claims, security interests or other
encumbrances in favor of the Contractor or any other person or entity whatsoever.
5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to
the Contractor on account of such Subcontractor's Work, the amount to which such
Subcontractor is entitled.
5.2.6 No progress payment, nor any use,or occupancy of the Project by the City, shall
be interpreted to constitute an acceptance of any Work not in strict accordance with this
Contract.
5.3 Withheld Payment
' 5.3.1 . The City may decline to make payment, may withhold funds, and, if necessary,
maydemand the return of some or all of the amounts previouslypaid to the Contractor, to
protect the City from loss because of:
(a) defective Work not remedied by the Contractor nor, in the opinion of the
City, likely to be remedied by the Contractor;
(b) claims of third parties against the City or the City's property, unless the
surety provides the City a written consent regarding the payment(s) in
question;
(c) failure by the Contractor to pay Subcontractors or others in a
prompt and proper fashion. The Citymay ask the suretyfor a
written consent regarding the payment(s) in question. However,
notwithstanding the foregoing, and provisions of Section 255.05 •
(11), Florida Statutes, the parties hereby agree that the City may
condition its payment to the Contractor on the production of a
release, waiver, or like documentation from a Subcontractor or
others demonstrating that the Subcontractor or others do not have
an outstanding claim for payments due on labor, services or
materials furnished under the Contract. In the event the City
requires such documentation, the provisions of the Local
Government Prompt Payment Act(Sections 218.70 through 218.79)
shall be suspended until such time as the City obtains the
requested documentation;
(d) evidence that the balance of the Work cannot be completed in
accordance with the Contract for the unpaid balance of the Contract
Price;
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e evidence that the Work will not be'com'completed in the time required for
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substantial or final completion;
,.<s (f) :,persistent failure to carry out the-Wardc in acccordancewith the Contracts,:: :.
(g) damage to the City or a third party to whom the City is, or maybe, liable.
this failure to comply with 5.2.3 of th s Section.
In the event that the City makes written demand upon the Contractor for amounts previously
paid by the City as contemplated in this Subparagraph 5:3.1, the Contractor shall comply with
such demand within ten (10) days of receipt of same.
5.4 Unexcused Failure to Pay
5.4.1 If within twenty-five (25) days after the date established herein for payment to
the Contractor by the City, the City, without cause or basis hereunder, fails to pay the
Contractor any amount then due and payable to the Contractor, then the Contractor may after
ten (10) additional days' written notice to the City and the Engineer / Architect and without
prejudice to any other available rights or remedies it may have, stop the Work until payment of
those amounts due from the City have been received. Any payment not made within twenty-
five (25) days after the date due shall bear interest at the City's investment earnings rate from
the Florida State Board of Administration.
Completion
5.5 Substantial Co plet on
5.5.1 When the Contractor believes the Work is substantially complete,the Contractor
shall submit to the Engineer / Architect a list of items to be completed or corrected; the
Engineer / Architect or the City may supplement such list in the event the Contractor has
omitted any incomplete or defective work. When the Engineer/Architect, on the basis of an
inspection, and after consultation with the City, determines the Work is in fact substantially
complete, it will prepare a Certificate of Substantial Completion which shall establish the date
of Substantial Completion, shall state the responsibilities of the City and the Contractor for
Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix
the time within which the Contractor shall complete the items listed therein. Guarantees
required by the Contract shall commence on the date of Substantial Completion of the Work.
The Certificate of Substantial Completion shall be submitted to the City and the Contractor for
their written acceptance of the responsibilities assigned to them in such certificate.
Upon Substantial Completion of the Work, and execution by both the City and the Contractor
of the Certificate of Substantial Completion, the City shall pay the Contractor an amount
sufficient to increase total payments to the Contractor to one hundred percent (100%) of the
Contract Price less three hundred percent (300%) of the reasonable cost as determined by
the City and the Engineer / Architect for completing all incomplete Work, correcting and
bringing into conformance all defective and non-conforming Work, and handling all unsettled
claims. If the Engineer/Architect is unable to issue its Certificate of Substantial Completion
after inspection of the Work, and is required to repeat its inspection of the Work, the
Contractor shall bear the costs of such repeat inspection(s)for Substantial Completion which
cost may be deducted by the City from any sums otherwise due the Contractor.
5.5.2 As-builts cost at the time of the Substantial Completion shall be held as
$5,000.00 plus 300% as stated in Section 5.5.1.
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5.5.3 If required training, manuals and equipment materials have not been provided,
the Owner will hold $5,000.00 plus 300% as stated in Section 5.5.1.
5.6 Completion and Final Payment
5.6.1 When all of the Work is finally complete and the Contractor is ready for a final
inspection, it shall notify the City and the Engineer/Architect thereof in writing. Thereupon,
the Engineer/Architect will make final inspection of the Work and, if the Work is complete in
full accordance with this,Contract and this Contract has been fully performed, the Engineer/
Architect will promptly issue a final Certificate for Payment certifying to the City that the
Project is complete and the Contractor is entitled to the remainder of the unpaid Contract
Price, less any amount withheld pursuant to this Contract. If the Engineer/Architect is unable
to issue its final Certificate for Payment and is required to repeat its final inspection of the
Work, the Contractor shall bear the cost of such repeat final inspection(s)which cost may be
deducted by the City from the Contractor's final payment.
5.6.1.1 If the Contractor fails to achieve Final Completion within the time set forth in
Paragraph 3.1.1 hereinabove, .the Contractor shall pay the City the sum the amount of
liquidated damages set forth in paragraph 3.1.2. per day for each and every calendar day of
unexcused delay in achieving final completion beyond the date set forth herein for final •
completion of the Work. Any sums due and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages representing an estimate of delay
damages likely to be sustained by the City, estimated at or before the time of executing this
Contract. When the City reasonably believes that final completion will be inexcusably
delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise
due the Contractor an amount then believed by the City to be adequate to recover liquidated
damages applicable to such delays.
5.6.2 As a condition precedent to final payment to the Contractor, the Contractor shall
deliver to the City the following documents in a form acceptable to the City: a final receipt and
release of the City; the Contractor's affidavit that all payrolls, invoices for materials and
equipment, and other liabilities connected with the Work for which the City, or the City's
property might be responsible, have been fully paid or otherwise satisfied; releases and
waivers of lien from all Subcontractors of the Contractor and of any and all other parties
required by the Engineer / Architect or the City; consent of surety to final payment; a duly
executed assignment of any and all warranties required by the Contract Documents; any and
all operating manuals required by the Contract Documents; certification that all personal
instruction or training required by the Contract Documents for the operation of any Project
systems has been completed; any and all manuals relating to Project materials or Project
maintenance; executed change orders relating to any and all changes in the Work; and all as-
built drawings required by the Contract Documents. If any third party fails or refuses to
provide a release of claim or waiver of lien as required by the City, the Contractor shall furnish
a bond satisfactory to the City to discharge any such lien or indemnify the City from liability.
5.6.3 As a further condition precedent to final payment, the Contractor shall furnish to
the City a complete and comprehensive set of as-built drawings; said as-built drawings are to
be submitted in hard copy and in electronic format, and the City and the Contractor agree and
acknowledge that the Contract Price includes all cost and expense associated with the
production of said as-built drawings.
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5.6.4 The City shall make final payment of aii sums due the Contractor within twenty-
five (25) days of the Engineer/Architect's execution of a final Certificate for Payment.
5:.6..5::, :,:•, Acceptance of;final payment shall constitute waiver of all claims against the
City by the Contractor except for those claims previously made in writing against the City by
the Contractor, pending,at the time offinal payment, and identified in writing by the Contractor
as unsettled at the time of its request for final payment.
ARTICLE VI
THE CITY
6.1 Information, Services and Items Required from City
6.1.1 • The "City" -- The City of Sunny Isles Beach, as represented by the City
Commission and its designees, which is the owner of this Project.
6.1.2 • The Building Department -- The Building Department is the City's Department
responsible for assuring compliance with applicable regulations and the Florida Building Code
as required. The Building Department is responsible for issuing permits, reviews, inspections,
Certificates of Completion and Certificates of Occupancy and any other actions as described
to be the responsibility of the Building Official under the Florida Building Code. The Building
Department is also responsible for the enforcement of other state, federal and county
regulations which may fall under the jurisdiction of the Building Official. The Building
Department is responsible for the enforcement of the City's Ordinances affecting the site,
drainage, zoning, water, sewer, irrigation and distribution lines and coverage, paving, traffic
and landscaping.
6.1.3 The City shall furnish to the Contractor, prior to execution of this Contract, any
and all written and tangible material in its possession concerning conditions below ground at
the site of the Project. Such written and tangible material is furnished to the Contractor only in
order to make complete disclosure of such material and for no other purpose.
By furnishing such material, the City does not represent, warrant, or guarantee its accuracy
either in whole; in part, implicitly or explicitly, or at all, and shall have mo liability therefore.
The City shall also furnish surveys, legal limitations and utility locations (if known), and a legal
description, if available, of the Project site.
6.1.4 The Contractor is responsible for compliance with, and shall secure at its
expense, all municipal review, construction; and inspection permits, provided, however, all
City of Sunny Isles Beach review, construction, and inspection fees will be waived save and
except fees for inspection.
6.1.5 The City shall furnish the Contractor, free of charge, two (2) copies .of the
Contract Documents for execution of the Work. The Contractor will be charged, and shall pay
the City FIFTY Dollars ($50.00) per additional set of Contract Documents which it may
require.
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6.5 Material or Equipment Furnished by the City
6.5.1 The City reserves the right to require the,Contractor to assign to the City any of
the Ce treetar.;s..saboontraots,•purchase'orders or other-agreemeats:for.the.procure ient of . :. •
material or equipment. Any material or equipment purchased by the City pursuant to such an
assignment is hereinafter referred to as "CityFurnished Materials" and the responsibilities of
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the City and the Contractor relating to such City Furnished Materials shall be governed and
controlled by the terms and conditions of this Contract.
- 6.5.2 Material and equipment suppliers shall be selected by the Contractor using
competitive bids, and material and equipment contracts shall be awarded by the Contractor to
the supplier whose bid is more advantageous to the City, price and all other relevant factors
considered.
The Contractor shall include the price of all construction materials and equipment in its bid
unless the Contract Documents specifically state otherwise, and in the event the City elects to
furnish any such material or equipment, an appropriate deductive change order will be issued.
6.5.3 The Contractor shall provide the City a list of all intended suppliers, vendors,
and materialmen for consideration with respect to City Furnished Materials. This list shall be
submitted within ten (10) days after execution of this Contract. The Contractor shall include
( )
price quotations from such suppliers, vendors, and materialmen as well as a specific
description:of the materials to be supplied and the estimated quantities of same.
6.5.4 Upon request by the City, and in a timely manner, the Contractor shall prepare
Purchasing Requisition Request Forms which shall, in a form acceptable to the City,
specifically identify the materials and equipment which the City may, in its discretion, elect to
purchase directly. The Purchasing Requisition Request Form shall include the following:
(a) The name, address, telephone number and contact person for the
material supplier.
(b) Manufacturer or brand, model or specification number of the item.
(c) Quantity needed as estimated by the Contractor.
(d) Any sales taxes associated with such quote.
(e) Shipping and handling insurance cost.
(f) 100% Bond cost.
Deliverydates as established bythe Contractor.
(g)
(h) Any reduction in the Contractor's cost for the Bond.
(i) Detail concerningbonds or letters of creditprovided bythe supplier if
pP
included in their proposal.
The Contractor shall include copies of vendors' quotations, and specifically reference any
terms and conditions which have been negotiated with the vendors concerning letter of credit,
terms, discounts, or
specialpayments.
p
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6.5.5 After receipt of the Purchasing Requisition Request Form, the City shall prepare
a Purchase Order for each item of material
which the City chooses to purchase directly.
.
Pursua►�.t:to.tl�:e:.-•_.ir.,,hase:-0.rder,.t��e vendor will provide,the req�,ire�<quantities.;of,.rnatcr:a!:at
theprice established in the vendor'squote to the Contractor, less anysales tax associated
c ated
with suchP rice.
Promptly upon receipt of each Purchase Order, the Contractor shall implement its procedure
for the purchase of the items in accordance with the terms of the Purchase Order and in a
manner to assure timely delivery of items. The City Manager shall be the approving authority
for the City on Purchase Orders in conjunction with City Furnished Materials. The Purchase
Order shall also provide for reimbursement of the cost to the supplier for providing required
shipping and handling insurance and for providing a Bond from the supplier to the City for full
value of the Purchase Order, unless such insurance and bonding requirements were included
in the quote provided by the supplier to the Contractor. The Purchase Order shall also require
the delivery of the City Furnished Materials on the delivery dates provided by the Contractor in
the Purchasing Requisition Request Form.
6.5.6 In conjunction with the execution of the Purchase Orders bythe suppliers, the
,
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Contractor shall execute and deliver to the City one or more deductive Change Orders, -
referencing the full value of all City Furnished Materials to be provided by each supplier from
whom the City'elected to purchase material directly, plus all sales taxes associated with such
materials in the Contractor's bid to the City, plus any savings to the Contractor in the cost of
Bonds associated with such City Furnished Materials. The City Manager shall be the
approving authority for the City on any deductive Change Order in conjunction with City
Furnished Materials.
6.5.7 All shop drawings and submittals will be made in accordance with Paragraph
7.10 of this Contract.
6.5.8 The Contractor shall be fully responsible for all matters relating to the
procurement of materials furnished by the City in accordance with this Paragraph 6.5
including, but not limited to, assuring the correct quantities, placing the order in a timely
manner, and assuring coordination of purchases, providing and obtaining all warranties and
guarantees required by the Contract Documents, inspection and acceptance of the goods at
the time of delivery, risk of loss, and damage of any other loss following acceptance of the
items. The Contractor shall coordinate delivery schedules, sequence of delivery, loading,
orientation, and other arrangements normally required by the Contractor for the particular
materials furnished. The Contractor shall provide all services required for the unloading,
handling and storage of materials through installation. The Contractor agrees to indemnify
and hold harmless the City from any and all claims of whatever nature resulting from non-
payment of goods to suppliers arising from the actions of the Contractor.
6.5:9 As CityFurnished Materials'are delivered to the job site, the Contractor shall
1
visually inspect all shipments from the suppliers, and approve the vendor's invoice for material
delivered. The Contractor shall assure that each delivery of City Furnished Materials is
accompanied bydocumentation adequate to identifythe Purchase Order against which the
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purchase is made. This documentation may consist of.a.delivery ticket and an invoice from
the supplier conforming to the Purchase Order together with such additional information as
the City may require. The Contractor will then forward the invoice to the City for payment.
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6.5.10 The- Contractor shall ensure that City Furnished Materials conform to the
Specifications, and determine prior to incorporation into the Work if such materials are
patently defective, and whether such materials are identical to the materials ordered and
• ;, match.the,:.desoriptierbit!, of:of.,ladi ng If the Contractor..ei,roverskd; fe
ct on..� .,_..:... :.
conformities in City Furnished Materials upon such visual inspection, the Contractor shall not
utilize such non-conforming or defective materials in the Work and instead shall promptly
notify the City of the defective or non-conforming condition so that repair or replacement of
those materials P
terials can occur without any undue delayor interruption to the Project. If
the
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Contractor fails to perform such inspection and otherwise incorporates into the Work such
- defective or non-conforming City Furnished Materials;the condition of which it either knew or
should have known by performance of an inspection, the Contractor shall be responsible for
all damages to the City resulting from the Contractor's incorporation of such materials into the
Project, includingliquidated or delay q damages.
6.5.11
The Contractor shall
maintain records of all City Furnished Materials it
incorporates into the Work from the stock of City Furnished Materials in its possession. The
Contractor shall account monthly to the City for any City Furnished Materials delivered into the
Contractor's possession, indicatingportions of
all such materials which have been
incorporated into the Work.
6.5.12 The Contractor shall be responsible for obtaining and managing all warranties
and guarantees for all materials and products as required by the Contract Documents. All
repair, maintenance or damage-repair calls shall be forwarded to the Contractor for resolution
with the appropriate supplier, vendor, or subcontractor.
6.5.13 Notwithstanding the transfer of City Furnished Materials by the City to the
Contractor'sossession
p , the City shall retain legal and equitable title to any and all City
Furnished Materials.
6.5.14
The transfer of pos
session of City Furnished Materials from the City to the
contractor shall constitute a bailment for the mutual benefit of the City and the Contractor.
The City shall be considered the bailor and the Contractor the bailee of the City Furnished
Materials. The City Furnished Materials shall be considered returned to the City for purposes
of their bailment at such time as they are incorporated into the Project or
Pconsumed in the
process of c
completing the Project.
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6.5.15 The Contractor shall purchase and maintain insurance as set forth in Article XIII
of this Contract in an amount sufficient to protect against any loss of or damage to the City
Furnished Materials. Such insurance shall cover the full value of any City Furnished Materials
not yet incorporated into the Project during the period between the time the City first takes title
to
any of such City Furnished ed Materials- and the time when the last of such City Furnished
Materials is incorporated into the Project or consumed in the process of completing the
Project.
6.5.16 The City shall in no way be liable for any interruption or delay in the Project, for
any defects or other problems with the Project, or for any extra costs resulting from any delay
in the delivery of, or defects in, the City Furnished Materials. The Contractor's sole or
exclusive remedy shall be an extension of the Contract Time for such reasonable time as
determined by the City.
6.5.17 On a monthly basis, the Contractor shall be required to review invoices
submitted by all suppliers of City Furnished Materials delivered to the Project sites during that
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month.and either concur or..object to the City's issuance of payment to`the;suppliers, based
upon the Contractor's records of materials delivered to the t e site and any defects detected in
such materials.
6.5.18 In order to arrange for the prompt payment to the supplier of City Furnished
Materials, the Contractor cto shall
provide to the City a Requisition for Payment within fifteen (1
5)
)
days from receipt and acceptance of the goods or materials. The requisition shall include a
copy of the applicable Purchase Order, invoices, delivery tickets, written acceptance of the
delivered items, and such other documentation as maybe reasonablyrequired bythe City.
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Upon receipt of the appropriate documentation, the City shall prepare a check drawn to the
supplier based upon the requisition data provided.
This check will
be released, delivered and remitted directlyto the supplier forty-five 45
( )
days from receipt by the City of the Requisition for Payment. The Contractor agrees to assist
the City to immediately obtain partial or final release of waivers as appropriate.
6.5.19 At the end of the Project, the Contractor will be provided with a deductive
Change Order for the cost plus applicable sales taxes of any City Furnished Material overruns
and will be provided with an additive change order representing the unspent value plus
applicable sales taxes of any City Furnished Material underruns. Excess City Furnished
Material shall be removed from the site and disposed of by the Contractor as directed by the
City.
6.6 Coordination and Scheduling of Work
6.6.1 The Contractor shall cooperate with the City and any separate contractors
retained by the City, and the Contractor shall carefully coordinate and schedule the Work as
may be required to accommodate without delay or interference the Work of the City any of
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its separate contractors, in accordance with Section 1.6 of the Specifications.
6.7 Contractor cto Responsible for Delays
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6.7.1 The Contractor shall be responsible for any damages caused to the City as a
result of any delays caused by the Contractor.
6.8 City's Right to Occupy
6.8.1 The City reserves the right to occupy any part of the Project when same is
Substantially Complete. It is expressly agreed,reed, however, that partial occupancy of any part of
the Project does not activate any warranty obligations of the Contractor and any warranties
which contain time limitations shall commence on the date of Final Completion unless
otherwise expressly specified in the Contract Documents.
ARTICLE VII
THE CONTRACTOR
7.1 Upon providing no less than forty-eight (48) hours' notice to the Contractor, the
City may conduct a pre-construction conference at a time and place set forth in the aforesaid
notice. ATTENDANCE AT ALL PRE-CONSTRUCTION CONFERENCE(S) IS MANDATORY
AND FAILURE TO ATTEND SHALL BE A MATERIAL BREACH OF THIS CONTRACT.
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7.2 The Contractor is again reminded of its continuing 'dutyset forth in
9
Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without
adequateContractDooLaments.or,=a's.apnropriate,,approved Shop Drawings,Product.Data• r.
Samples for such portion of the Work. If the Contractor performs any of the Work knowing it
involves a recognized error, inconsistency or omission in the Contract Documents without
such notice to the Engineer / Architectthe Contractor shall bear responsibility for such
performance and shall bear the cost of correction.
7.3 The Contractor t actor shall perform the Work strictly in accordance with this Contract.
The Contractor shall also be responsible for all cutting, fitting or patching that may be required
to complete the Work or to make its several parts fit together properly.
7.4 Contractor's Professional Standard
7.4.1 City's engagement of the Contractor is based upon the Contractor's
representations to the City that:
(a) Contractor has carefully reviewed all Construction uction Documents prior to
signing this Contract.
(b) Contractor is an organization experienced in, and qualified, willing and
able to provide construction of the nature and type necessary to perform
the Work;
(c) Contractor is authorized and licensed to do business in the State of
Florida, Miami-Dade County and the City of Sunny Isles Beach; and
(d) Contractor shall furnish labor, material, equipment and services(i)which
expeditiously, economically and properly complete the Work in the
manner most consistent with the Owner's interests and objectives, (ii) in
accordance with the Construction Documents, and (iii) in accordance
with the highest standards currently practiced by persons and entities
performing comparable labor, material, equipment p and services on
projects of similar size and complexity.
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7.4.2 The Contractor shall administer, manage, supervise and direct the Work using
the Contractor's best skill, effort and attention. The Contractor shall be responsible to the City
for any and all acts or omissions of the Contractor, its employees and others engaged in the
Work on behalf of the Contractor.
7.5 Warranty
7.5.1 The Contractor warrants to the City that all labor furnished to progress the Work
under this Contract will be competent to perform the tasks undertaken, that the product of
such labor will yield only first-class results, that materials and equipment furnished will be of
good quality and new unless otherwise permitted by this Contract, and that the Work will be of
good quality, free from faults and defects and in strict conformance with this Contract for a
period of one (1) year from the date of Final Completion and acceptance by the City unless a
longer warranty period is a requirement of the drawings and/or specification for either
individual elements of the project or the entire project. All Work not conforming to these
requirements may be considered defective.
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-7.5.2 • Anywarrantyrequired or received from
a Subcontractor, manufacturer, or
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supplier is herein assigned by the Contractor to the City effective immediately upon issuance
1. ;,..oFthe4u,lly executed Certificate.off ina Corimpletion.- Furthermore:the .
supply to the City the originals of all such warranties where same are in writing, and further
agrees to execute, if requested by the City, separate assignments of warranty on a form
furnished by the City.
7.6 The Contractor shall obtain and pay for all permits, fees and licenses necessary
and ordinary for the Work save and except as set forth in Paragraph 6.1.5 hereinabove.
The Contractor shall comply with all lawful requirements applicable to the Work and shall give
and maintain any and all notices required by applicable law pertaining to the Work.
7.7 Supervision
7.7.1 The Contractor shall employ and maintain at the Project site only competent
supervisory.personnel. Absent written instruction from the Contractor to the contrary, the
superintendent shall be deemed the Contractor's authorized representative at the site and
• shall be authorized to receive and accept any and all communications from the City or the
Engineer /Architect.
7.7.2 - Key administrative, managerial and supervisory personnel assigned by the
Contractor to this Project are as follows:
Name Function
The Contractor shall furnish to the City complete resumes of each of the individuals named
above. So long as the individuals named above remain actively employed or retained by the
Contractor, they shall perform the functions indicated next to their names unless the City
agrees to the contraryin writing or unless the City requests the removal of any such individual
from the Project. In the event the City requests the removal of any of the individuals named
ed
above, the Contractor shall immediately comply and shall immediately replace such individual
with a qualified substitute to whom the City makes no objection. In the event one or more
individuals not listed above subsequently assumes one or more of those functions listed
above, the Contractor shall be bound by the provisions of this Subparagraph 7.7.2 as though
such individuals had been listed above.
7.8 The Contractor,within fifteen (15)days of commencing the Work, shall submit to
the City and the Engineer / Architect for their information, the Contractor's schedule for
completing the Work. The Contractor's schedule shall be presented in the critical path (CPM)
format. The Contractor's schedule shall be revised no less frequently than monthly (unless
the parties otherwise agree in writing) and shall be revised to reflect conditions encountered
from time to time and shall a be related to the entire Project. Each such revision shall be
furnished to the City and the Engineer/Architect with each Application for Payment. Failure
19
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.by the Contractor to strictly comply with the provisions of this Paragraph 7.8 shall constitute a •
material breach of this Contract.
The Contracttor:;within fifteon.(.15)days of cornmencingthe Work;shalt s,.ib t to.: -
the City and the Engineer / Architect for their information, an anticipated monthly draw
schedule for the duration of the Work. If during the course of performing the Work the
Contractor anticipates a substantial change in the draw schedule, the Contractor shall notify
the City and the Engineer /Architect within three (3) days of anticipating such change. For
purposes of this paragraph, a substantial change shall be anyincrease or decrease equaling
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or exceeding ten percent (10%) of any anticipated monthly draw.
7.9 The Contractor shall continuously maintain at the site, in an orderly fashion and
format acceptable to the City, for the benefit of the City and the Engineer / Architect one
record copy of this Contract and all Contract Documents marked to record on a current basis
changes, selections and modifications made during construction. Additionally, the Contractor
shall maintain at the site for the City and Engineer/Architect the approved Shop Drawings,
Product Data, Samples and other similar required submittals. Upon final completion of the
Work, all of these record documents shall be delivered to the City.
7.9.1 -No less than weekly, the Contractor shall conduct a Project meeting which shall
include the Contractor's administrative, managerial and supervisory rY personnel and
representatives of each subcontractor working on the Project site. The meeting shall address,
but shall not be limited to, the current status of the Work, including the current Project
schedule and the existence of any defective or deficient work as well as the appropriate action
required to correct or replace such work. The City and the Engineer/Architect shall have the
right, but not the duty, to attend such weekly meetings. The Contractor shall maintain detailed
minutes of each such weekly meetings and shall distribute typewritten copies of such minutes
to the City and the Engineer/Architect no later than the close of the next workday following
completion of such meeting. The Contractor shall further require its General Superintendent
to maintain a daily job diary which shall include for each work day the daily weather
conditions, the identity of each subcontractor working on the site, the manpower of each
subcontractor working on the site, the identity of all visitors to the Project site, documentary
progress photographs, and any and all other information reflecting any delays, hindrances,
interferences, or other problems encountered or incurred on the Project site. Each week the
Contractor shall furnish to the City and the Engineer / Architect on a weekly basis full and
complete copies of said daily job diary.
7.10 Shop Drawings, Product Data and Samples
7.10.1 Shop Drawings,s, Product Data, Samples and other submittals from the
Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the
manner in which the Contractor intends to implement the Work in conformance with
information received from the Contract Documents.
7.10.2 The Contractor shall not perform any portion of the Work requiring submittal and
review of Shop Drawings, Product Data or Samples unless and until such submittals shall
have been approved by the Engineer / Architect. Approval by the Engineer / Architect,
however shall not be evidence that Work installedconf conforms thereto
p o s w'ith the
requirements of this Contract.
7.10.3 The Contractor shall maintain a log of all Shop Drawings, Product Data and
Samples submitted to the Engineer / Architect and the City including, but not limited to,
20
identification of the item of work according;to appropriate specification section; date of:receipt:.
from appropriate subcontractor or supplier; date .of review by the Contractor; date of
submission to the Engineer / Architect date of return from the Engineer / Architect date of
;return;to,!e subcontractor:or_sunp!ler;status of-eview by the.Engineer Architect-and any,
required re-submittal information. A true and correct copy of this log shall be submitted with
each Application for Payment and receipt of same by the Engineer / Architect shall be a
condition precedent for approval of the Application for Payment.
7.11 Cleaning the Site and the Project
7.11.1 The Contractor shall keep the site reasonably clean during performance of the
Work, shall remove debris, trash and garbage from the Site daily and allow no accumulation
of debris, garbage or trash on the Site. Upon Final Completion of the Work, the Contractor
shall clean the site and the Project and remove all waste, together with all of the Contractor's
property therefrom.
7.12 Access to Work
7.12.1 The City, the Engineer / Architect and the Building Department shall have
access to the Work at all times from commencement of the Work through Final Completion.
The Contractor shall take whatever steps necessary to provide access when requested.
7.13 Safety
7.13.1 The Contractor shall take all reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss to, its employees on the Work
and all other persons who may be affected thereby; the Work and materials and equipment to
be incorporated therein; and all other property at the site or adjacent thereto including, but not
limited to, trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of construction. The
Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on safety of persons or property or their protection from
damage, injury or loss, and shall give all notices required by same; this requirement includes,
but is not limited to, the United States Occupational Safety and Health Act and the Florida
Trench Safety Act, Florida Statute § 553.60.
7.14 Indemnity
7.14.1 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold
harmless CITY, its officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or
utilized by CONTRACTOR in the performance of this Contract. This indemnification shall survive
the term of this Contract.
7.15 Value Engineering Incentive
7.15.1 The City encourages the Contractor to make timelyvalue engineering and cost
9 9
savings recommendations. In the event the City approves by duly executed change order any
value engineering or cost savings recommendation of the Contractor, and in the further event
the Contract Sum is reduced thereby, any savings shall be shared with Seventy-Five Percent
(75%) being allocated to the City and Twenty-Five Percent (25%) being allocated to the
21
Contractor. It is agreed, however:that the Contractor shall.procure and obtain at its sole cost_,
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and.'expense all change orders, drawings, specifications, permits, approvals, or other
documents required in order to implement the value engineering or cost savings
.". . ,:.,recari,nencitt?cn ANY CLAM. UNDER THIS PARAGRAPH,MUST:BE SUBMITTE.D .N.=__
WRITING TO THE CITY AND THE.ENGINEER/ARCHITECT PRIOR TO THE EXECUTION
OF THE CHANGE ORDER INCORPORATING THE CONTRACTOR'S RECOMMENDATION
OTHERWISE SAID CLAIM IS EXPRESSLY WAIVED. Any savings allocated to the
Contractor under this Paragraph shall be paid at the time of Final Payment to the Contractor.
7.16 Miscellaneous
7.16.1 Prior to commencement of the Work, the Contractor shall submit to the City a
plan for site access and control of construction traffic. Said plan shall include, but not be
limited to, an enumeration of each construction access point to the site and a description of
how access will be controlled and regulated; a description of any impact that construction
traffic may have on the public streets and highways, and the Contractor's plan for minimizing
and reducing such impact; and, the name and address of the individual employed by the
Contractor who shall have responsibility for control and management of construction traffic.
Approval by the City of this plan is a condition precedent to payment of any sums to the
Contractor. The Contractor furthermore agrees to cooperate with the City and all other
appropriate governmental entities with respect to the control, regulation, scheduling and
management of construction traffic.
7.16.2 The Contractor shall be responsible for, and shall pay the cost of, all temporary
facilities used, or made available, during the course of the Work. These facilities include, but
shall not be limited to, electric power, gas, water, sewage and sanitation, waste removal and
disposal, telephone, and temporary office facilities. The Contractor shall timely pay for all
such temporary facilities and shall coordinate the installation and removal of such facilities
including, but not limited to, any required coordination with any utility company. Furthermore,
the Contractor shall be responsible for, and shall pay the cost of, any utility work which may
be necessary in order to perform the Work required by the Contract Documents; this
responsibility includes, but is not limited to, the cost of installing, moving, or relocating electric,
water, sewer, gasor other utility lines, wires, poles, piand any other equipment of every
kind and nature.
7.16.3 After first giving at least seventy-two (72) hours written notice to the City and the
Engineer / Architect, the Contractor shall conduct any and all testing required under the
Contract Documents and report the results of same to the City and the Engineer/Architect
within twenty-four (24) hours of receipt unless the City or the Engineer / Architect instructs
otherwise. The Contractor shall also cooperate with the City and the Engineer/Architect in
the event the City or the Engineer/Architect elects to conduct testing for any purpose. The
Contractor shall make the site, or any relevant portion thereof, available for such testing by
the City or the Engineer /Architect and the Contractor shall so schedule and coordinate its
work so as not to interfere with any testing by the City or the Engineer / Architect. When
requested by the City or the Engineer / Architect the Contractor shall furthermore uncover
Work and otherwise assist in testing, as may be required by the City or the Engineer /
Architect. The services requested by the City which are required to be provided by an
Independent Testing Laboratory shall be paid by the City unless otherwise stated in the
Contract Documents. Contractor may not rely upon any testing performed by the City or the
Engineer / Architect but shall remain solely responsible for insuring compliance with all
Contract Documents and testing requirements. The Contractor shall be responsible for the
payment of any of its testing.
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- ARTICLE VIII:. :._ :
CONTRACT ADMINISTRATION
.,;:t ya•t.?e
8.1 The Engineer /Architect
8.1.1 The Engineer/Architect for this project is PERKINS+WILL, c/o Ana Marin,n, 2800
Ponce de Leon Boulevard, Suite 1300, Coral Gables, .Florida 33164,
ana.marin(a�perkinswill.com, 305.777.9532. In the event the City should find it necessary or
convenient to replace the Engineer/Architect the Citjr shall retain a replacement Engineer/
Architect and the status of the replacement Engineer / Architect shall be that of the former
Engineer/
Architect.
8.2 Engineer/Architect's Administration
8.2.1 The Engineer / Architect, unless otherwise directed bythe t e City in writing, will
perform those duties and discharge those r
g esponsibilities allocated to the Engineer/Architect
as set forth in this Contract. The Engineer/Architect shall be the City's representative from
the effective date of this Contract until final payment has been made. The Engineer /
Architect shall be authorized to act on behalf of the City only to the extent provided in this
Contract.
8.2.2 The City and the Contractor shall communicate with each other in the first
instance through the Engineer / Architect. The Contractor and the Engineer / Architect,
however, shall copy the City's designated representative with any and all written
communications by and between the parties. The City's designated representative for the
receipt of any such communications, or copies of same, is Richard Labinsky, Project
Manager, whose address is Cityof SunnyIsles Beach,
918070 Collins Avenue, Sunny Isles
Beach, FL 33160. The City reserves the right to change its designated representative upon
written notice to the Contractor and Engineer/Architect.
8.2.3 The Engineer/Architect shall be the initial interpreter of the requirements of the
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drawings and specifications and the judge of the performance there under by the Contractor.
The Engineer / Architect shall render written or graphic interpretations necessary for the
proper execution or progress of the Work with reasonable promptness on request of the
Contractor.
8.2.4 The Engineer/Architect will review the Contractor's Applications for Payment
and will certify to the City for payment to the Contractor, those amounts then due the
Contractor as provided in this Contract.
8.2.5 The Engineer/Architect shall have authority to reject Work which is defective or
does not conform to the requirements of this Contract. If the Engineer/Architect deems it
necessary or advisable, the Engineer / Architect shall have authority to require additional
inspection or testing of the Work for compliance with Contract requirements.
8.2.6 The Engineer / Architect will review and approve, or take other appropriate
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action as necessary, concerning the Contractor's submittals including Shop Drawings,
Product
Data and Samples.
Such review, approval or other action shall be for the sole purpose of determining
conformance with the design concept and information given through the Contract Documents.
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The Engineer/Architect will prepare Change Orders and may authorize minor
• changes in the Work upon approval from the City by Field Order as provided elsewhere
herein.
8.2.8 The Engineer/Architect shall, upon written request from the Contractor, conduct
inspections to determine the date of Substantial Completion and the date of Final Completion,
will receive and forward to the City for,the City's reviewand records, written warranties and
related documents required bythis Contractand a d will issue a final Certificate for Payment upon
compliance with the requirements of this Contract.
8.2.9 The Contractor agrees, acknowledges, and warrants that it has no third party
beneficiary rights, or other rights, arising out of any contract by and between the City and the
Engineer/Architect and, in the event of any conflict between the terms and provisions of the
contract by and between the City and the Engineer/Architect and this Contract, the terms of
this Contract shall control with respect to the Contractor.
8.2.10 If the Contractor fails any inspection which requires a re-inspection bythe
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Engineer/Architect or any of its design consultants, the Contractor shall bear the cost of such
repeat inspection(s) which cost may be deducted by the City from any sums otherwise due
the Contractor.
8.3 Claims by the Contractor
8.3.1 Except as prohibited in Paragraph 8.3.5.1 herein below, all Contractor claims
shall be initiated by written_notice and claim to the City and the Engineer / Architect, as
applicable.
Such written notice and claim must be furnished within three (3) days after occurrence of the
event, or the first appearance of the condition giving rise to the claim.
8.3.2 Pendingfinal resolution of anyclaim of the Contractor, the Contractor shall
diligently proceed with performance of this Contract and the City shall continue to make
payments to the Contractor in accordance with this Contract. The resolution of any claim
under this Paragraph 8.3 shall be reflected by a Change Order executed by the City, the
Engineer/Architect and the Contractor.
8.3.3 Claims for Concealed and Unknown Conditions -- Should concealed and
unknown conditions encountered in the performance of the Work (a) below the surface of the
ground or (b) in an existing structure be at variance with the conditions indicated by this
Contract, or should unknown conditions of an unusual nature differing materially from those
ordinarily encountered in the area and generally recognized as inherent in Work of the
character provided for in this Contract, be encountered, the Contract Price shall be equitably
adjusted by Change Order upon the written notice and claim by either party made within three
(3) days after the first observance of the condition. As a condition precedent to the City
having any liability to the Contractor for concealed or unknown conditions, the Contractor
must give the City and the Engineer / Architect written notice of, and an opportunity to
observe, the condition prior to disturbing it. The failure by the Contractor to make the written
notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor
of any claim arising out of or relating to such concealed or unknown condition.
8.3.4 Claims for Additional Costs -- Except as prohibited in Paragraph 8.3.5 herein
below, if the Contractor wishes to make a claim for an increase in the Contract Price, as a
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condition precedent to any liability of the City therefore, the Contractor shall give the Engineer.
/Architect and the City written notice of such claim within three (3) days after-the occurrence
of the event, or the first appearance of the.donditionl, giving rise to suchh claim. Such notice
I: . :::vilcrri:ustbe given by:the:Contractar-:tbefore proceeding to execute any additional or changed
Work. The failure by the Contractor to give such notice and to give such notice prior to
executing the Work shall constitute a waiver of any claim for additional compensation.
8.3.4.1 In connection with any claim by the Contractor against the City for compensation
in excess of the Contract Price, any liability of the City for the Contractor's cost shall be strictly
limited to direct costs incurred by the Contractor. Direct costs do not include the Contractor's
home office overhead, loss of efficiency, consequential damages of the Contractor, or
equipment costs in excess of actual equipment rental paid by the Contractor to a third party.
The City shall not be liable to the Contractor for claims of third parties, including
Subcontractors, unless and until liability of the Contractor has been established therefore in a
court of competent jurisdiction.
8.3.5 Claims for Additional Time -- If the Contractor is delayed in progressing any task
which at the time of the delay is then critical or which during the delay becomes critical, as the
sole result of any act or neglect to act by the City or someone acting in the City's behalf, or by
changes ordered in the Work, unusual delay in transportation, unusually adverse weather
conditions not reasonably anticipatable, fire or any causes beyond the Contractor's control,
then the date for achieving Substantial Completion of the Work shall be extended upon the
. written notice and claim of the Contractor to the City and the Engineer / Architect for such
reasonable time as the Engineer / Architect and the Citymaydetermine. Anynotice and
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claim for an extension of time by the Contractor shall be made not more than three (3) days
after the occurrence of the event or the first appearance of the condition giving rise to the
claim and shall set forth in detail the Contractor's basis for requiring additional time in which to
complete the Project. Said claim shall specifically include, among other things, an adjusted
critical path (CPM) schedule reflecting precisely the delay and its claimed impact upon the
Contractor's future performance. In the event the delay to the Contractor is a continuing one,
only one notice and claim for additional time shall be necessary. If the Contractor fails to
make such claim as required in this Subparagraph, any claim for an extension of time shall be
waived.
8.3.5.1 In no event, and under no circumstances, shall the Contract Sum be increased
for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense,
damages, or compensation of any kind by reason of any delay to the Project, whether critical
or non-critical, and whether caused in whole or in part by the City. The Contractor shall not be
entitled to any 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.
It is further agreed that such direct costs do include the Contractor's home office overhead,
loss of efficiency, consequential damages, or equipment costs in excess of actual equipment
rental paid by the Contractor to a third party. The Contractor's sole and exclusive remedy for
delay, hindrance, and disruption shall be an extension of the Contract Time provided a claim
for same is made and is allowable pursuant to the provisions of Paragraph 8.3.5 hereinabove.
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8.4 Field Orders
8.4.1 The Engineer/Architect after first obtaining approval from the City, shall have
--(authority to order minor.changes in.the,Work not involving a,change in the C.ontractt.Price or;in :.. - .
Contract Time and not inconsistent with the intent ofh
t e Contract. Such changes shall be
effected by Field Order and shall be binding upon the Contractor. The Contractor shall carry
out such Field Orders promptly.
ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A Subcontractor is an entity that has a direct contract with the Contractor to
perform a portion of the Work.
9.2 Award of Subcontracts
9.2.1 Upon execution of the Contract, or as may be required by the Instructions to
Bidders, the Contractor shall furnish the City, in writing, the names of persons or entities
proposed by the Contractor to act as a Subcontractor on the Project. The City shall promptly
reply to the Contractor, in writing, statingany the Citymayhave to such proposed
9 objections p
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Subcontractor. The Contractor shall not enter into a Subcontract with a proposed
Subcontractor with reference to whom the City has made timely objection. The Contractor
shall not be required to Subcontract with any party to whom the Contractor has objection.
9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor
which correspond to those rights afforded to the City against the Contractor herein, including
those rights afforded to the City by Subparagraph 12.2.1 below.
ARTICLE X
CHANGES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the Work within t thegeneral scope of this Contract, consistingof
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additions, deletions, revisions, or any combination thereof, may be ordered without
invalidating this Contract, by Change Order, Construction Change Directive or by Field Order.
10.1.2 Changes in the Work shall be performed under applicable provisions of this
Contract and the Contractor shall proceed promptly with such changes.
10.2 Change Order Defined
10.2.1 Change Order shall mean a written order to the Contractor executed by the City
and the Engineer/Architect issued after execution of this Contract, authorizing and directing
a change in the Work or an adjustment
in the Contract Price or the Contract Time, or any
combination thereof. The Contract Price and/or the Contract Time maychanged be c anged only by
Change Order.
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10.3 Changes in the Contract Price
Any change in-:<theiCantraLt:•Price resultiaVrcirn..a Change-Order:,sfrall,nbe: . -
determined as follows: (a) by mutual agreement between the City and the Contractor as
evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2)
such change in the Contract Price, together with any conditions or requirements related
thereto, being initialed by both parties and (3)the.Contractor's execution of the Change Order,
or (b) if no mutual agreement occurs between the City and the Contractor, then, as provided
in Subparagraph 10.3.2 below.
10.3.2 The Contractor shall be bound bythe followingconditions and procedures
governing additional work under the Contract.
10.3.2.1 Any change order must be recommended by the City's representative and
approved by the City before any steps are taken to implement the change order.
10.3.2.2 Should the Contractor commence work without making a claim in writing for
unforeseen extra work encountered, it will be construed as an acceptance and agreement that
such work is required under the Contract and no further claim for such extras will be
considered or allowed by the City.
10.3.2.3 Changes in the Work directed by the Engineer/Architect shall become part of
the Contract only by written change order.
10.3.2.4 Information regarding changes in the Work for additional work, credits and
adjustments under the Contract shall be promptly transmitted in writing by the Contractor to
the Engineer/Architect with full explanations and justifications for consideration in preparing
a change order to the Contract.
10.3.2.5 Contractor shall allow twenty-one (21) calendar days for the Engineer/Architect
to review and respond to the City on Contractor submitted Requests for Change Order pricing
and Contractor submitted pricing for City initiated proposal requests. This review time is only
for correctly submitting pricing. Submitted pricing found not to be in correct format, or
containing pricing that relates to Work clearly not part of the change, or contains Sub-
Contractor pricing not in the correct format, or contains Sub-Contractor pricing that relates to
Work clearly not part of the change, will not be reviewed and returned to the Contractor for
proper submission and as such, no Contractor claims for delay will be accepted as a result of
extended response time due to improper pricing submission.
10.3.2.6 The Engineer /Architect will review properly submitted Contractor pricing and
compare submitted pricingwithpublished pricingdata contained in the BuildingCost Data,
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Mechanical Cost Data and Electrical Cost Data, latest edition, as published by R.S. Means
Company, Inc. Contractor submitted pricing found to be in excess of five (5%) percent above
the stated published pricing will not be accepted and as such, no Contractor claims for delay
will be accepted as a result of extended response time due to excessive pricing submittal by
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the Contractor.
10.3.3 The value of any change ordered under the Contract for extra work or any
reductions in work required, shall be determined under one or more of the following
procedures before a written change order is issued.
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10.3.3.1 ByUnit Price named in the contract or subsequently agreed upon bythe City
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and the Contractor, which prices shall include Contractors overhead and profit.
10.3:3:2 By Lump Sum-.Price agreed-upon by the City€,and:the Contractorywhicn
shall include overhead and profit. A breakdown of the estimated costs comprising the lump
sum price may be required by the Engineer/Architect for review. Percentage for overhead
and profit shall be determined in accordance with the method listed described under
Overhead and Profit below.
10.3.3.3 By a Cost Plus Price oh total actual costs, plus an added percentage, all
determined as described under Overhead and Profit below.
10.3.3.4 Overhead and Profit
(a) Subcontractor's overhead, including supervision and the furnishing, use
and maintenance of small tools and ordinary equipment incidental to and
required for the Work shall be just and fully compensated for by adding
an amount equal to FIVE PERCENT (5%) of the sum of material and
labor costs as defined under Subcontractor's profit below, but excluding
equipment rental costs.
(b) Subcontractor's profit may then be added to the above material costs
and labor costs including the Overhead allowance at the rate of SEVEN
PERCENT (7%) of the sum of those costs, excluding equipment rental
costs.
(c) Contractor's overhead, including general supervision and the furnishing,
use and maintenance of small tools incidental to and required for the
Work accomplished by its own direct labor shall be considered to be just
and fully compensated for by adding an amount equal to FIVE
PERCENT (5%) of the sum of material and labor costs as defined under
Material costs and Labor costs below, but excluding equipment rental
costs and bond allowance.
(d) Contractor's overhead, including general supervision and the furnishing,
use and maintenance of small tools and equipment incidental to and
required for the Work accomplished by subcontractors shall be
considered to be just and fully compensated for by adding an amount
equal to FIVE PERCENT (5%) of the sum of material and labor costs as
defined under Material costs and Labor costs below, but excluding
• equipment rental costs and bond allowance.
(e) Contractor'sprofit maythen be added into the above material costs and
labor costs, including the Overhead allowance at the rate of SEVEN
PERCENT (7%) of the sum of those costs, excluding equipment rental
costs.
10.3.3.5 Bond Allowance: For maintaining the Public Construction Bond at 100% of the
Contract Price, a sum of ONE PERCENT (1%) of the total cost of the change (including
material, labor, overhead and profit, and equipment rental) shall be allowed on all change
orders.
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10.3.3.6 Material costs actually recorded by the, Contractor and the subcontractor as
materials are delivered to the site and, as evidenced from originally receipted invoices, listing
appropriate quantities and unit prices. Records inproper form shall be maintained and made
.avaitable•:to••the Engineer-/Architect.and the-City at all times.
10.3.3.7 Labor Costs represented by the actual wages paid to all laborers, apprentices,
journeymen, and foremen involved in and necessary to completing the particular construction
operations, for each day and every hour such labor teams and foremen are actually employed
on the extra work required, including the net cost of insurance, social security and Workmen's
Compensation. Records in proper form shall be maintained and be made available to the
Engineer/Architect and the City at all times.
10.3.3.8 Rentals for special equipment or machinery such as power driven roller, tractors,
trucks, shovels, drills, mixers, pumps, hoists, etc. required for the economical performance of
the work at reasonable rental prices agreed upon before work commences, shall be allowed
the Contractor and subcontractors by the Engineer/Architect and the City for each and every
hour such special equipment is in on
pusethe t e particular work. To the sum of such equipment
rentals, no additional percentage shall be added.
10.3.3.9 Owned Equipment for certain owned heavy or specialized equipment (defined
as tools and equipment with an individual purchase cost of more than One Thousand Dollars
($1000)) brought on to the job site specifically for change order work shall be valued at 75
percent of the monthly rental divided by 176 to arrive at a maximum hourly rate to be applied
to the hours the equipment is used performing the change order work. Fuel and an operator
necessary to utilize the equipment will be considered as a separate direct cost associated with
the change order work. No recovery will be allowed for heavy or specialized equipment that is
already on the jobsite and is necessary to complete work of the original contract. No recovery
will be allowed for hand tools, power tools, minor equipment, work vehicles (including pickup
trucks and cargo vans), simple scaffolds, etc. The longest period of time that the equipment is
to be required for the work will be the basis for pricing. Downtime due to repairs, maintenance
and weather delays will not be allowed.
10.4 Minor Changes
10.4.1 The Engineer/Architect, after first obtaining express written approval from the
City, shall have authority to order minor changes in the Work not involving a change in the
Contract Price or an extension of the Contract Time and not inconsistent with the intent of this
Contract. Such minor changes shall be made by written Field Order, and shall be binding
upon the City and the Contractor. The Contractor shall promptly carry out such written Field
Orders.
10.5 Effect of Executed Change Order
10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive
evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as
thus amended, the Contract Price and the Contract Time. The Contractor, by executing the
Change Order, waives and forever releases any claim against the City for additional time or
compensation for matters relating to or arising out of or resulting from the Work included
within or affected by the executed Change Order.
10.6 Notice to Surety; Consent
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10.6.1 As a condition precedent for the certification, approval or payment of any
Application for Payment, or as a condition precedent for the approval or execution by the City
of any Change_Order, or as a condition precedent for.any acti`o.n;a •quirrd by the'City-under.;
this Contract, the City may demand, and the Contractor shall furnish, an appropriately
executed:Consent of Surety in such form as the City may specify.
10.7 Emergency Change Orders
10.7.1 In an emergency that presents immediate danger to person or property, the
City's designated representative may order a change in the Work that shall be documented
within three (3) days from the inception of said emergency in accordance with the change
order requirements of Article X of this Contract.
10.8 Construction Change Directive
10.8.1 If the City and the Contractor cannot agree on the cost of a change in the Work,
the City may issue a written Construction Change Directive ordering a change in the Work •
prior to reaching agreement with the Contractor on the adjustment, if any, in the Contract
Price and/or the Contract Time.
10.8.2 The Cityand the Contractor shall negotiate expeditiously and in good faith for
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appropriate adjustments, as applicable, to the Contract Price and/or the Contract Time arising
out of a Construction Change Directive. Within 15 days of issuance of the Construction
Change Directive, the City will issue a Change Order based upon the Engineer/Architect's
estimate for the cost of the Work and any additional agreed upon time extension in
accordance with Article 10.3. When a resolution has been reached on the total cost of the
Work and the cost of the Work is more or less than the Engineer/Architect's estimate, a final
be issued for the difference in both cost and time as is applicable.
Change Order will
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncovering Work
11.1.1 If any of the Work is covered contrary to the Engineer/Architect's request or to
any provisions of this Contract, it shall, if required by the Engineer/Architect or the City, be
uncovered for the _Engineer / Architect inspection and shall be properly replaced at the
Contractor's expense without change in the Contract Time.
Subparagraph not inconsistent with manner 11.1.2 If any of the Work is covered in a m a
11.1.1 above, it shall, if required by the Engineer/Architect or the City, be uncovered for the
inspection of the Engineer / Architect or the City. If such Work conforms strictly with this
Contract, costs of uncovering and proper replacement shall by Change Order be charged to
the City. If such Work does not strictly conform with this Contract, the Contractor shall pay
the costs of uncovering and proper replacement.
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11.2 Correcting Work
11.2.1 The Contractor shall immediately proceed to correct Work rejected by the
Engineer / Architect or the City as defective or failing to conform .to,this Contract. The
with correctingsuch
Contractor shall a all costs and expenses associated rejectedWork,
pay p
inspections,
and reimbursement to the Cityfor the
anyadditional testingand ins e
including ,
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Engineer /Architect services and expenses made necessary thereby.
11.2.2 If within one (1) year after Final Completion of the Work any of the Work is
found to be defective or not in accordance with this Contract, the Contractor shall correct it
promptly upon receipt of written notice from the City. This obligation shall survive final
payment by the City and termination of this Contract. With respect to Work completed after
Final Completion, this one-year obligation to specifically correct defective and non-conforming
Work shall be extended by the period of time which elapses between Final Completion and
acceptance of the subject Work by the City and the Engineer/Architect.
11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation
with respect to other obligations which the Contractor has under this Contract. Establishment
of the one-year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor
to specifically correct the Work.
11.3 The City May Accept Defective or Non-conforming Work
11.3.1 If the City chooses to accept defective or non-conforming Work, the City may do
so. In such event, the Contract Price shall be reduced by the greater of: (a) the reasonable
cost of removing and correcting the defective or non-conforming Work, and (b)the difference
between the fair market value of the Project as constructed and the fair market value of the
Project had it not been constructed in such a manner as to include defective or non-
conforming Work.
If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the
City p
for its acceptance'of defective or non-conforming Work, the Contractor shall, upon written
demand from the City, pay the City such remaining compensation for accepting defective or
non-conforming Work.
ARTICLE XII '
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CONTRACT TERMINATION
12.1 Termination by the Contractor
d fora period of ninety(90) days byan order of anycourt or
12.1.1 If the Work is stopped
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fault of the
other public authority, or as a result of an act of the Government, through no f a
Contractor or any person or entity working directly or indirectly for the Contractor, the
Contractor Y
twent on may, p u (20) days'written notice to the City and the Engineer/Architect
terminate performance under this Contract and recover from the City payment for the actual
reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all
Work executed and for materials, equipment, tools, construction equipment and machinery
actually purchased or rented solely for the Work, less any salvage value of any such items.
12.1.2 If the City shall persistently or repeatedly fail to perform any material obligation
to the Contractor foraperiod of thirty (30) days after receivingwritten notice from the
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Contractor of its intent to terminate hereunder, the Contractor may terminate performance
• ,!under this Contract by written notice to the Engineer/Architect and the City. In such event,
the Contractor shall be entitled to recover from the City as though the City had terminated the
.Contractor's performance under this Contract for convenience pursuant to Subparagraph
12.2.1 hereunder.
12.2 Termination by the City.
12.2.1 For Convenience
12.2.1.1 The City may for any reason whatsoever terminate performance under this
Contract by the Contractor for convenience. The City shall give written notice of such
termination to the Contractor specifying when termination becomes effective.
12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and
the Contractor shall stop Work when such termination becomes effective. The Contractor
shall also terminate outstanding orders and subcontracts. The Contractor shall settle the
liabilities and claims arising out of the termination of subcontracts and orders. The City may
direct the Contractor to assign the Contractor's right, title and interest under terminated orders
or subcontracts to the City or its designee.
12.2.1.3 The Contractor shall transfer title and deliver to the City such completed or
partially completed Work and materials, equipment, parts fixtures, information and Contract
rights as the Contractor has.
12.2.1.4
(a) The Contractor shall submit a termination claim to the City and the
• Engineer/Architect specifying the amounts due because of the termination for convenience.
together with costs, pricing or other data required by the Engineer / Architect. If the
Contractor fails to file a termination claim within one (1) year from the effective date of
termination, the City shall pay the Contractor, an amount derived in accordance with sub-
paragraph (c) below.
(b) The Cityand the Contractor mayagree to the compensation, if any, due
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to the Contractor hereunder.
(c) Absent agreement to the amount due to the Contractor, the City shall
pay the Contractor the following amounts:
(i) Contract prices for labor, materials, equipment and other
services accepted under this Contract;
(ii) Reasonable costs incurred in preparing to perform and in.
performing the terminated portion of the Work, and in
terminating the Contractor's performance, plus a fair and
reasonable allowance for overhead in the amount of seven
percent (7%) of the Contractor's direct costs, and a
reasonable allowance for profit in the amount of five
percent (5%) of the Contractor's direct costs (such profit
shall not include consequential
or anticipatedprofit .
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damages); and profit thereon (such profit shall not include
anticipated profit or consequential damages); provided
32
however, that if it appears that the Contractor would have
not profited or would have sustained a loss if the entire
ire.
Contract would have been completed, no.profit shall be
allowed or included.and..the:amount of compensation.shall
be reduced to reflect the anticipated rate of loss, if any;
(iii) Reasonable costs of settlingand paying claims arisingout
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of the termination of subcontracts or orders pursuant to
12.2.1.2 of this Paragraph.Subparagraphh. These costs
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shall not include amounts paid in accordance with other
provisions hereof.
The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the
total Contract Price, as properly adjusted, reduced by the amount of payments otherwise
made, and shall in no event include duplication of payment.
12.2.2 For Cause
.12.2.2.1 If the Contractor refuses or fails to prosecute the Work in a timely manner,
supply enough properly skilled workers, administrative, managerial and supervisory personnel
or proper equipment or materials, or if it fails to make prompt payment to Subcontractors or
for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a
material provision of this Contract, then the City may by written notice to the Contractor,
without prejudice to any other right or remedy, terminate the employment of the Contractor
and take possession of the site and of all materials, equipment, tools, construction equipment
and machinery thereon owned by the Contractor and may finish the Work by whatever
methods it may deem expedient. In such case, the Contractor shall not be entitled to receive
any further payment until the Work is finished.
12.2.2.2 If the unpaid balance of the Contract Price exceeds the cost of finishing the
work, including compensation for the Architect's additional services and expenses made
necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the City. This obligation for
payment shall survive the termination of the Contract.
12.2.2.3 In the event the employment of the Contractor is terminated by the City for
cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of
competent jurisdiction that such termination was without cause, such termination shall
thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the
provisions of Subparagraph 12.2.1 shall apply.
ARTICLE XIII
INSURANCE
13.1 Contractor agrees, at its sole expense, to maintain on a primary, non-
contributory basis during the life of this Contract, or.the performance of work under this
Project, insurance coverages, limits, and endorsements as required herein. The Contractor
agrees the insurance requirements herein as well as City's review or acknowledgement,
is not
intended to and shall not in any manner limit or qualify the liabilities and obligations assumed
by the Contractor under this Contract.Any coverage maintained by the.City shall apply excess
33
of, or contingent upon the absence of, other insurance required or maintained by Contractor.
All insurance policies and bonds required by this Contract shall be issued by an insurance
company, acceptable to the City and authorized to do business in the State of Florida with an
A.M:Best rating of B+ or better:
13.2 Commercial General Liability. Contractor agrees to maintain Commercial
General Liability at a limit of liability not less than $1,000,000 Each Occurrence $2,000,000
Annual Aggregate on a primary and non-contributory basis, including the City of Sunny Isles
Beach as an Additional Insured. Coverage must be offered in 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 shall specifically include the
following with minimum limits not less than those required for Bodily Injury Liability and
Property Damage Liability:
• Premises and
e ses
• Independent Contractors;
• Products and/or Completed Operations Hazard;
• Broad Form Property Damage
• • Broad Form Contractual Coverage applicable to this Contract, including any
hold harmless and/or Indemnification Agreement;
• 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;
• $5,000,000 Umbrella/Excess Liability over and above and following the above
mentioned General Liability & Business Automobile Liabilities.
13.3 Business Automobile Liability. Contractor agrees to maintain Business
Automobile Liability at a limit of liability not less than $1,000,000 per Occurrence combined
single limit for Bodily InjuryLiability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance Services Office,
and must include: Owned, Non-Owned & Hired automobiles.
13.4 Worker's Compensation & Employer's Liability. Contractor agrees to maintain
Worker's Compensation & Employers Liability Insurance in accordance with Florida Statutes,
including Employer's Liability of $1,000,000.
13.5 Environmental Pollution Insurance. Contractor shall maintain Environmental
Pollution Insurance forpollution-related incidents, includingthe cost of cleaning up a site after
a pollution-related incident, with limits not less than $500,000 per occurrence, with a
deductible not greater than $100,000. An additional form or endorsement to the Commercial
General Liability Insurance to include Environmental Pollution Insurance coverage providing
the specified coverage is acceptable.
13.6 Builder's Risk Insurance. Contractor, prior to notice to proceed or
commencement of Work, whichever occurs first, agrees to maintain Builder's Risk insurance
with an amended policy period not less than the Contract Time, plus three (3) months,
affording coverage to protect the insurable interests of the City, Contractor, sub-contractors,
including property acquired under a sales tax incentive program, property in transit, and
property on or off-premises, which shall become part of the Work. Coverage shall be written
on an All-Risk, Replacement Cost, and Completed Value Form basis in an amount at least
equal to one-hundred 100% of the projected completed value of the Work, as well as
subsequent modifications of that sum due to Change Orders, with a deductible of not more
34
it
than $50,000 per claim. 7 I ;
13.7 Additional Insured Endorsement. Contractor agrees to endorse the City as an
Additionallnsured;on;the.Commercial General Liability kith;the,follow,,ing.AdditionaT:insured
endorsement, or similar endorsement providing equal or broader Additional Insured
coverage, the CG 20 10 07 04 or GC 20 10 04 13 Additional Insured - Owners, Lessees, or
Contractors — Scheduled Person or Organization endorsement in combination with the
additional endorsement GC 20 37 10 01 or GC 20 37 04 13 Additional Insured — Owners,
Lessees, or Contractors—Completed Operations. The name of the organization endorsed as
Additional Insured for all endorsements shall read "Cit of SunnyIsles Beach".
,City yes eachs .
13.8 Waiver of Subrogation. Contractor agrees by entering into this written Contract
to a Waiver of Subrogation in favor of the City, Contractor; Sub-Contractors, Architects, or
Engineer for each required policy providing coverage during the life of this Contract. When
required by the insurer, or should a policy condition not permit the Contractor to enter into a
pre-loss Contract to waive subrogation without an endorsement, the Contractor agrees to
notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of
Recovery Against Others, or an equivalent endorsement. This Waiver of Subrogation
requirement shall not apply to any policy, which includes a condition that specifically prohibits
such an endorsement, or voids coverage should the Contractor enter into such Contract on a
pre-loss basis.
13.9 _ Right to.Revise or Reject. Contractor agrees the Cityreserves the right, but not
9 g 9
the obligation, to review or revise any insurance requirement, not limited to limits, coverages
and endorsements based on insurance market conditions affecting the availability or
affordability of coverage; or changes in the scope of work / specifications affecting the
applicability of coverage. Additionally, the City reserves the right, but not the obligation, to
review and reject any insurance policies failing to meet the criteria stated herein, or any
insurer(s) providing coverage due of its poor financial condition or failure to operating legally
in the State of Florida. In such events, City shall provide Contractor written notice of such
revisions or rejections.
13.10 Certificate of Insurance. Contractor agrees to provide City a Certificate of
Insurance evidencing that all coverages, limits and endorsements required herein are
maintained and in full force and effect, and Certificates of Insurance shallP rovide a minimum
thirty (30) day endeavor to notify, when a manuscript notice endorsement is available by
Contractor's insurer. If the Contractor receives a non-renewal or cancellation notice from an
insurance carrier affording coverage required herein, or receives notice that coverage no
longer complies with the insurance requirements herein, Contractor agrees to notify the City
by fax or email within five (5) business days with a copy of the non-renewal or cancellation
notice, or written specifics as to which coverage is nolonger p o er in compliance. The Certificate
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Holder(s) address shall read:
Original to: City of Sunny Isles Beach
Risk Management Division
Attn: Risk Manager
18070 Collins Avenue
Sunny Isles Beach, FL 33160
YLondono@sibfl.net
13.11 Terms.r r
e ems. City shall have the right, but not the obligation, of prohibiting
P 9
Contractor from entering the Project site until a new Certificate of Insurance is provided to the
City evidencing the replacement coverage. The Contractor agrees the City reserves the right
35
to withholdPaYy ment to Contractor until evidence of reinstated or replacement coverage is
providedYforth herein,to the City. If the Contractor fails to maintain�th�e insurance as set f o the
Contractor agrees the City shall have the right, but not the obligation, to purchase
replacement-insurance, which the Contractor agrees to"reimburse-any premiums or expenses
incurred by the City.
ARTICLE XIV
MISCELLANEOUS
14.1 Governing Law/JurisdictionNenue
14.1.1 The Contract shall be governed by the laws of the State of Florida. Except as
set forth in Article 7, should the parties be involved in legal action arising under, or connected
to, this Contract, each party will be responsible for its own attorneys' fees and costs. The
venue for any litigation will be Miami-Dade County, Florida.
14.2 Successors and Assigns
14.2.1 The City and Contractor bind themselves, their successors, assigns and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of such other party in respect to covenants, agreements and obligations contained in this
Contract. The Contractor shall not assign this Contract without written consent of the City. As
-a condition to any assignment, the assignee shall agree in writing to comply with and be
bound by all of the terms, covenants, conditions, provisions and agreements in this Contract.
14.3
Public Construction Bond
14.3.1 The Contractor shall furnish a Public Construction Bond to the City in an amount not
less than one hundred percent'(100%) of the Contract Price. The bond furnished by the
Contractor shall incorporate by reference the terms of the Contract as fully as though they
were set forth verbatim in such bonds. In the event the Price is adjusted by Change Order
executed by the Contractor, the penal sum of the bond shall be deemed increased by like
amount. The bond furnished by the Contractor shall be in form required by the City and in
conformity with Section 255,05, Florida Statutes, shall be recorded in the Public Records of
Miami-Dade County before construction commences, and shall be executed by a surety, or
sureties, reasonably suitable to the City.
14.4 Non-Discrimination
14.4.1 The Contractor warrants and represents that all of its employees are treated
equally during employment without regard to race, color, national origin, sex, gender identity,
sexual orientation, age, disability/handicap, religion, family or income status.
14.5 Discriminatory Vendor List
14.5.1 Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier,
subcontractor,
or
consultant under a contract with any public entity; and may not transact business with any
36
By.execution of this Contract, Contractor represents that it has not been placed
public entity. p
on the discriminatory vendor list as provided in Section 287.134, Florida Statutes.
14.6 Public.Entity.Crimes -Y
has
r
affiliate
who a
Florida Statutes, a
0
14.6.1 Pursuant.to Section 287.133, person
been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid, proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold amount provided in
s:287.017 for CATEGORY TWO for a period of 36 months following the date of being placed
on the convicted vendor list. By execution of this Contract, Contractor represents that it has
not been placed on the convicted vendor list as provided in Section 287.133, Florida Statutes.
14.7 Scrutinized Company
14.7.1 Pursuant to Section 287.135, Florida Statutes, Contractor certifies that it is not
on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
p Y
co
Statutes and that it is not engaged in a boycott of Israel.
FloridaY
14.7.2 Pursuant to Section 287.135 in the event the Contract is for one million dollars
or more, Contractor certifies that it is not on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List created pursuant to Section 215.473, Florida Statutes; and Contractor further certifies that
it is not engaged in business operations in Cuba or Syria.
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14.7.3 Pursuant to Section 287.135, Florida Statutes, City may, at the option of the City
Commission, terminate this Contract if Contractor is found to have submitted a false
certification as provided under subsection 287.135(5), Florida Statutes; has been placed on
. the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel; has
been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in
business operations in Cuba or Syria.
14.8 Notice
order for a notice to a partyto be effective under this Contract, notice must be
14.8.1 In
sent via U.S. certified mail, overnight delivery, or hand delivery to the addresses listed below
and shall be effective upon mailing if sent by certified mail or overnight delivery and effective
upon receipt if hand delivered. The addresses for notice shall remain as set forth herein
unless and until changed by providing notice of such change in accordance with the
provisions of this Section.
If to Contractor, to:
37
If to City, to: Christopher J. Russo, City Manager
City of Sunny' Isles Beach a. :::. ..:.. .:.
18070 Collins Avenue
Sunny Isles Beach, FL 33160
With a copy to: City Attorney
City Attorney's's Office
CitySunny of Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
ARTICLE XV
WAIVER OF JURY TRIAL
15.1 City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally
waive any right either may have to a trial by jury in respect to any action, proceeding, lawsuit
or counterclaim based upon the Contract, arising out of, under, or in connection with the
construction of the Work, or anycourse of conduct, course of dealing, statements (whether
9,
verbal or written) or the actions or inactions of any party.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
38
•
IN WITNESS WHEREOF, the City .Manager, authorized to execute same by the City
Commission, has made and executed`this Contract on behalf of the City the day and year
below written and Contractor has hereunto set its hand the day and year below written.
CITY OF SUNNY ISLES BEACH
Print: Christopher J. Russo
Title: City Manager
Date: 6/2 J'//
Approved as to Form and Legal Sufficiency •
Office of the City Attorney for
Sunny Isles Beach, Florida
Edward A:Dion, City Attorney
18070 Collins Avenue
Sunny Isles Beach, Flori•a 33,160
aila.41
IPA
Y
Edward A. Dion
Date: 4/0‘)//
39
1 i
WITNESSES CONTRACTOR
NUN =.4. STRU '.•
411P1- By: 6P.4
Carlos. unez
S. i .
{�
r Title: President
.Curer Aitcf�2.
FI EN: 65-0428890
4:1"1-16'
_ �I��
Date: rP - , 2019
Address: 8400 SW 62 Avenue
South Miami, Florida 33143
END OF DOCUMENT
40
4s,3"r „zo, ..City of Sunny isles each
18070 Collins Avenue
itf-'' ' '' ,z SunnyIsles Beach, Florida 33160
tr��,�`Q4C° ywF (305)947-0606 City Hall
OF SVK T' (305)949-3113 Fax
MEMORANDUM
TO; The Honorable Mayor and City Commission '
FROM: Christopher J. Russo, City Manager
DATE: 6/20/2019
RE: Awarding Bid Number 19-01-01 Gateway Park Center to
Nunez Construction
RECOMMENDATION;
This item is presented for your consideration.
REASONS:
The City of Sunny Isles Beach issued Invitation to Bid No. 19-01-01
Gateway Park Center for the build out of the interior space to include a
ballroom, kitchen, classrooms and social area as well as a kiosk and
storage facility. Nunez Construction proved to be the lowest
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responsible, responsive bidder at$6,723,586.00.
Citystaff seeks Commission approval to enter into an agreement with
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Nunez Construction for the buildout of Gateway Park Center in an
amount Not to Exceed $6,723,586.00.
ADDITIONAL INFORMATION:
The resolution and supporting documentation will be submitted prior to
the Commission meeting on Thursday, June 20, 2019.
FUNDING SOURCE:
This item is budgeted for in the Capital Improvement Budget account
numbers 300-6-5720-4650XX-15001/15002 and will require an
additional appropriation of $2,000,000 in fiscal year 2019/2020 for
approval of this item.
202