HomeMy WebLinkAboutR-2025-104 Agreement to Ric-Man SE Drainage Project Phase II (ITB #25-012)RESOLUTION NO. 2025-104
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RIC-MAN INC. FOR THE SOUTHEAST DRAINAGE RETROFIT PROJECT PHASE II, IN AN AMOUNT NOT TO EXCEED NINETEEN MILLION SEVEN HUNDRED FIFTY-FOUR THOUSAND FOUR
HUNDRED NINETY-FOUR DOLLARS AND FIFTY-ONE CENTS ($19,754,494.51); WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission authorized the SE Drainage Retrofit Project Phase II
(Project), along with other neighborhood drainage projects, to address chronic flooding; and
WHEREAS, the Public Services Department issued ITB No. 2025-012 for construction
of the Project on April 4, 2025, and received three responses below on May 9, 2025: 1. Ric-Man Inc.: $17,950,449.55 2. David Mancini and Sons: $20,540,673.00 3. Man Con Inc.: $21,290,286.50
WHEREAS, Ric-Man Inc. was determined to be the lowest responsive and responsible
bidder, and
WHEREAS, the City Commission passed Resolution 2024-084 authorizing the award
of ITB No. 2025-012 to Ric-man Construction Florida, Inc. in the amount of $19,754,494.51,
which includes a 10% contingency in the amount of $1,795,044.96.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute
a contract with Ric-Man Inc, , for the SE Drainage Retrofit Project Phase II in an amount not to
exceed Nineteen Millon Seven Hundred Fifty-Four Thousand Four Hundred Forty-Nine Dollars
and Fifty-One Cents ($19,754,494.51), which Agreement is attached as Exhibit “A” and
incorporated into this Resolution by this reference.
2 RESOLUTION #2025-104
Section 3. Funding shall be appropriated from the Stormwater Account Number
303-38-14-538-63-10 in the amount not to exceed $19,754,494.51.
Section 4. That use of the Contingency funding in the amount of $1,795,044.96 may
be approved by the City Manager through written request by the Public Services Department
upon receipt of written change orders from the vendor.
Section 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on July 8, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
ITB Contract #25-012 Page i
CONTRACT BETWEEN THE MUNICIPALITY CITY OF DANIA BEACH AND
RIC-MAN CONSTRUCTION FLORIDA, INC. FOR SOUTHEAST DRAINAGE RETROFIT PROJECT,
PHASE II
BID/CONTRACT NO.: ITB 25-012
Table of Contents
SUMMARY OF TERMS AND CONDITIONS .................................................................................... 1
CONTRACT .................................................................................................................................... 3
RECITALS ...................................................................................................................................... 3
ARTICLE 1 DEFINITIONS ............................................................................................................ 3
ARTICLE 2 SCOPE OF WORK ..................................................................................................... 5
ARTICLE 3 CONTRACT TIME ..................................................................................................... 6
ARTICLE 4 CONTRACT SUM ...................................................................................................... 7
ARTICLE 5 PROGRESS PAYMENTS ............................................................................................ 8
ARTICLE 6 ACCEPTANCE AND FINAL PAYMENT ..................................................................... 10
ARTICLE 7 REPRESENTATIONS AND WARRANTIES ................................................................ 11
ARTICLE 8 MISCELLANEOUS ................................................................................................... 13
CONTRACT SUPPLEMENT ........................................................................................................... 20
GENERAL CONDITIONS ............................................................................................................... 21
ARTICLE 1 CONTRACT DOCUMENTS ...................................................................................... 21
ARTICLE 2 INTENTION OF COUNTY ........................................................................................ 21
ARTICLE 3 PRELIMINARY MATTERS ........................................................................................ 21
ARTICLE 4 PERFORMANCE BOND AND PAYMENT BOND ...................................................... 23
ARTICLE 5 QUALIFICATION OF SURETY .................................................................................. 23
ARTICLE 6 INDEMNIFICATION ................................................................................................ 24
ARTICLE 7 INSURANCE REQUIREMENTS ................................................................................ 25
ARTICLE 8 LABOR AND MATERIALS ........................................................................................ 29
ARTICLE 9 ROYALTIES AND PATENTS ..................................................................................... 29
ARTICLE 10 WEATHER .............................................................................................................. 30
ARTICLE 11 PERMITS, LICENSES, AND IMPACT FEES ................................................................ 30
ARTICLE 12 RESOLUTION OF DISPUTES ................................................................................... 30
ARTICLE 13 INSPECTION OF WORK .......................................................................................... 31
ARTICLE 14 SUPERINTENDENCE AND SUPERVISION ................................................................ 32
ARTICLE 15 COUNTY’S RIGHT TO TERMINATE CONTRACT ...................................................... 33
ITB Contract #25-012 Page ii
ARTICLE 16 SUSPENSION OF WORK ......................................................................................... 35
ARTICLE 17 PROJECT RECORDS AND RIGHT TO AUDIT ............................................................ 35
ARTICLE 18 RIGHTS OF VARIOUS INTERESTS ........................................................................... 37
ARTICLE 19 EXPLOSIVES ........................................................................................................... 37
ARTICLE 20 DIFFERING SITE CONDITIONS ................................................................................ 37
ARTICLE 21 PLANS AND WORKING DRAWINGS ....................................................................... 38
ARTICLE 22 CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA ............................ 38
ARTICLE 23 CONTRACTOR’S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS ..................... 38
ARTICLE 24 WARRANTY............................................................................................................ 38
ARTICLE 25 SUPPLEMENTARY DRAWINGS ............................................................................... 39
ARTICLE 26 DEFECTIVE WORK .................................................................................................. 39
ARTICLE 27 TAXES .................................................................................................................... 40
ARTICLE 28 SUBCONTRACTS .................................................................................................... 40
ARTICLE 29 SEPARATE CONTRACTS ......................................................................................... 40
ARTICLE 30 USE OF COMPLETED PORTIONS ............................................................................ 41
ARTICLE 31 LANDS OF WORK ................................................................................................... 42
ARTICLE 32 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS ................................................. 42
ARTICLE 33 LOCATION AND DAMAGE TO EXISTING FACILITIES, EQUIPMENT, OR UTILITIES .. 42
ARTICLE 34 VALUE ENGINEERING ............................................................................................ 43
ARTICLE 35 PAYMENT BY COUNTY FOR TESTS......................................................................... 43
ARTICLE 36 CHANGE IN THE WORK OR TERMS OF CONTRACT ............................................... 43
ARTICLE 37 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS ........................................... 44
ARTICLE 38 CHANGE ORDERS .................................................................................................. 44
ARTICLE 39 VALUE OF CHANGE ORDER WORK ........................................................................ 45
ARTICLE 40 NOTIFICATION AND CLAIM FOR CHANGE OF CONTRACT TIME OR CONTRACT
PRICE ..................................................................................................................... 48
ARTICLE 41 NO DAMAGES FOR DELAY ..................................................................................... 48
ARTICLE 42 EXCUSABLE DELAY; COMPENSABLE; NON-COMPENSABLE .................................. 49
ARTICLE 43 SUBSTANTIAL COMPLETION ................................................................................. 50
ARTICLE 44 NO INTEREST ......................................................................................................... 51
ARTICLE 45 SHOP DRAWINGS .................................................................................................. 51
ARTICLE 46 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS ..................................... 53
ARTICLE 47 SAFETY AND PROTECTION .................................................................................... 53
ITB Contract #25-012 Page iii
ARTICLE 48 FINAL BILL OF MATERIALS ..................................................................................... 54
ARTICLE 49 PROJECT SIGN ....................................................................................................... 54
ARTICLE 50 CLEANING UP; COUNTY’S RIGHT TO CLEAN UP .................................................... 54
ARTICLE 51 HURRICANE PRECAUTIONS ................................................................................... 54
ARTICLE 52 REMOVAL OF EQUIPMENT .................................................................................... 55
ARTICLE 53 DOMESTIC PARTNERSHIP REQUIREMENT ............................................................ 55
ARTICLE 54 EQUAL EMPLOYMENT OPPORTUNITY AND CBE/SBE COMPLIANCE..................... 55
ARTICLE 55 PUBLIC RECORDS ................................................................................................... 55
SUPPLEMENTAL GENERAL CONDITIONS .................................................................................... 58
SUPPLEMENTAL WAGE REQUIREMENTS ................................................................................... 58
FORM 1: PERFORMANCE BOND................................................................................................. 60
FORM 2: PAYMENT BOND.......................................................................................................... 62
FORM 3: CERTIFICATE AS TO CORPORATE PRINCIPAL ............................................................... 65
FORM 4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS $500,000.00 OR LESS .............. 66
FORM 5: UNCONDITIONAL LETTER OF CREDIT (PERFORMANCE AND PAYMENT GUARANTY)
FORM ......................................................................................................................................... 68
FORM 6: MONTHLY (CBE/SBE) UTILIZATION REPORT .............................................................. 70
FORM 7: FINAL (CBE/SBE) UTILIZATION REPORT ...........................................................................
FORM 8B: STATEMENT OF COMPLIANCE (DAVIS-BACON ACT) ............................................... 712
FORM 9: CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS ............................................ 723
FORM 10: CERTIFICATION OF SUBSTANTIAL COMPLETION……………………………………………74
FORM 11: FINAL CERTIFICATE OF PAYMENT ........................................................................... 756
FORM 12: FORM OF FINAL RECEIPT ......................................................................................... 767
ITB/Contract #25-012
ITB Contract #25-012 Page 1 of 78
CONTRACT BETWEEN THE CITY OF DANIA BEACH AND RIC-MAN CONSTRUCTION FLORIDA,
INC. FOR SOUTHEAST DRAINAGE RETROFIT PROJECT, PHASE II
BID/CONTRACT NO.: ITB 25-012
Project Title: Southeast Drainage Retrofit Project, Phase II
Location: City of Dania Beach
RLI Number:
Contract Number: ITB 25-012
Project Number:
SUMMARY OF TERMS AND CONDITIONS
Contractor: Ric-Man Construction Florida, Inc.
Contractor Address: 3100 SW 15th Street
Deerfield Beach, FL
Federal Identification No.: 20-1309732
Contract Administrator: Michael Fischer, Executive Vice President
Contract Administrator
Address:
3100 SW 15th Street
Deerfield Beach, Florida 33442
Consultant:
Consultant Address:
Article Description Instructions/Unit(s)
3.2 Substantial Completion 548 Days after the Project
Initiation Date in NTP
3.2 Final Completion 30 Days after Substantial
Completion
3.3 [If applicable] Liquidated Damages for each
calendar day after time specified in Notice to
Proceed
$500.00 per day
3.3 Liquidated Damages for each calendar day after
time specified for Substantial Completion
$500.00 per day
3.3 Liquidated Damages for each calendar day after
time specified for Final Completion
$500.00 per day
3.3 [If applicable] Liquidated Damages for each
calendar day after time specified for interim
Milestones (or phase):
Interim Milestone #1
0 per day
Interim Milestone #2
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Article Description Instructions/Unit(s)
[Milestones 1, 2, 3, etc.: Division 1, Section
_____]
$0 per day
Interim Milestone #3
$0 per day
5.2 Will Materials and equipment be stored at the
Project site?
X Yes
___ No
8.1 Is this Contract subject to Florida Department of
Transportation (“FDOT”) provisions?
___ Yes
__X_ No
8.4 The Parties designate the following as the
respective places for giving of notice:
For Municipality:
Ana M. Garcia, ICMA – CM
City Manager
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
For Contractor:
Chris Mancini
3100 SW 15 St.
Deerfield Beach, Florida 33442
christopherm@ric-manfl.com
8.22 and
8.23
Select the sources of funding that apply to this
Project:
__x_ Federal funding
__x_ State funding
___ County funding
__x_ Municipality funding
42
(General
Conditions)
Compensable Excusable Delay for each calendar
day beyond the Contract Time.
$500.00 per day
54
(General
Conditions)
County Business Enterprise (CBE) or Small
Business Enterprise (SBE) commitment
As awarded0 %
ITB/Contract #25-012
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CONTRACT
This construction contract (“Contract”) is between the City of Dania Beach, a municipality
of the State of Florida (“Municipality”), and Ric-Man Construction Florida, Inc., a corporation
(“Contractor”) (each a “Party” and collectively referred to as the “Parties”).
RECITALS
WHEREAS, the Public Services Department engaged WSP USA, Inc. to provide engineering
services to design, survey, permit, bidding support, and design services during construction for
the Southeast Drainage Retrofit Project; and
WHEREAS, due to the project’s scope and magnitude, it was divided into two separate
construction phases; and
WHEREAS, the City issued ITB No. 2025-014 for “Southeast Drainage and Retrofit Project,
Phase II (the “Project”); and
WHEREAS, on June 10, 2025, pursuant to Resolution No. 2025-___, the City Commission
approved the bid award recommendation to Ric-Man Construction Florida, Inc.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1 DEFINITIONS
Whenever the following terms appear in the Contract Documents, the intent and meaning shall
be interpreted as follows:
1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations,
or ordinances of any federal, state, county, municipal, or other governmental entity, including as
may be amended from time to time.
1.2. Bidder means an entity or individual submitting a bid for this Project, acting directly or
through a duly authorized representative.
1.3. Board means the governing body of Municipality, its successors and assigns.
1.4. Code means the Broward County Code of Ordinances.
1.5. Change Order means a written document ordering a change in the Contract Price or
Contract Time or a material change in the Work.
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1.6. Consultant means the architect or engineer who has contracted with Municipality or who
is an employee of Municipality and provides professional services for this Project.
1.7. Contract Administrator means ____________ or such other person designated by
Fernando Rodriguez, in writing.
1.8. Contract Documents means the official documents setting forth bidding information,
requirements, and contractual obligations for the Project and includes Articles 1 through 8 of this
Contract, the Contract Supplement, the General Conditions, the Supplemental General
Conditions, the Scope of Work, Invitation to Bid, Addenda, Standard Instructions for Vendors,
Special Instructions for Vendors, Plans, Drawings, Exhibits, General Requirements, Technical
Specifications, Bid Forms, Record of Award by Board, Bonds, Notice of Award, Notice(s) to
Proceed, Supplements, Representations and Certifications, Certificates, Project Forms, Closeout
Forms, Purchase Order(s), Change Order(s), Field Order(s), Special Provisions, BIM and Electronic
Media Submittal Requirements, and any additional documents the submission of which is
required by this Project.
1.9. Contract Price means the amount established in the bid submittal and award by the
Board, as may be amended by Change Order.
1.10. Contract Time means the time between commencement and completion of the Work,
including any milestone dates thereof, established in Article 3 of this Contract, as may be
amended by Change Order.
1.11. Contractor means the person, firm, or corporation identified in this Contract as the Party
with whom Municipality has contracted and who is responsible for the acceptable performance
of the Work and for the payment of all legal debts or other obligations pertaining to the Work.
All references in the Contract Documents to third parties under contract or control of Contractor
shall be deemed to be a reference to Contractor.
1.12. County means Broward County, a political subdivision of the State of Florida and
representatives authorized by the Board of County Commissioners or the Broward County
Charter to act on behalf of County.
1.13. County Business Enterprise or CBE means a small business certified as meeting the
applicable requirements of the Broward County Business Opportunity Act of 2012, Section 1-81,
of the Code.
1.14. Field Order means a written order of minor changes in the Work that does not involve a
change in the Contract Price or Contract Time.
1.15. Final Completion means the date certified by Consultant in the Final Certificate of
Payment as the date upon which all conditions and requirements of any permits and regulatory
agencies have been satisfied; any documents required by the Contract Documents have been
received by Consultant; any other documents required to be provided by Contractor have been
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received by Consultant; and to the best of Consultant’s knowledge, information and belief, the
Work has been fully completed in accordance with the terms and conditions of the Contract
Documents.
1.16. Materials means physical items incorporated in this Project or used or consumed in the
performance of the Work.
1.17. Municipality Manager means the official appointed by the Municipality who directs the
administration of the Municipality.
1.18. Notice(s) to Proceed means a written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the Contract
Documents.
1.19. OESBD means Broward County’s Office of Economic and Small Business Development.
1.20. Plans or Drawings means the official graphic representations of this Project.
1.21. Purchasing Director means Municipality’s Procurement Administrator or designee
authorized to execute Work Authorizations.
1.22. Project means the construction project described in the Contract Documents, including
the Work described therein.
1.23. Project Initiation Date means the date upon which the Contract Time commences.
1.24. Punch List means a document developed by Consultant and the Contract Administrator
and provided to Contractor simultaneously with, or within thirty (30) to forty-five (45) calendar
days after, the issuance of a Certificate of Substantial Completion or Partial Substantial
Completion, that lists Work that Contractor has yet to complete or that does not conform to the
Contract Documents and that Contractor must complete or correct, as indicated in the
document, to satisfy the requirements of this Contract for Final Completion and to make the
Work satisfactory and acceptable.
1.25. Small Business Enterprise or SBE means an entity certified as meeting the applicable
requirements of the Broward County Business Opportunity Act of 2012, Section 1-81, of the
Code.
1.26. Subcontractor means any person, firm or corporation, including subconsultants, having a
direct contract with Contractor, regardless of tier, to perform all or any portion of the Work
described in the Contract Documents, including one who furnishes material worked to a special
design according to the Contract Documents, but does not include one who merely furnishes
Materials not so worked.
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1.27. Substantial Completion means that date, as certified in writing by Consultant and as
finally determined by Contract Administrator in the Contract Administrator’s sole discretion, on
which the Work, or a portion thereof, is at a level of completion in substantial compliance with
the Contract Documents such that all conditions of permits and regulatory agencies have been
satisfied and Municipality or its designee can enjoy use or occupancy and can use or operate it in
all respects for its intended purpose. A Certificate of Occupancy (or a Temporary Certificate of
Occupancy (TCO) or other alternate municipal/county authorization for limited or conditional
occupancy acceptable to the Contract Administrator) must be issued for Substantial Completion
to be achieved; however, the issuance of a Certificate of Occupancy will not, by itself, constitute
the achievement or date of Substantial Completion.
1.28. Surety means the surety company or individual that is bound by the performance bond
and payment bond with and for Contractor that is primarily liable for satisfactory performance
of the Work, and which surety company or individual is responsible for Contractor’s satisfactory
performance of the Work under this Contract and for the payment of all debts and other
obligations pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.29. Work means the construction and other services required by the Contract Documents,
whether completed or partially completed, and includes all labor, materials, equipment, and
services provided or to be provided by Contractor to fulfill Contractor’s obligations. The Work
may constitute the whole or a part of the Project.
ARTICLE 2 SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment, services, and
incidentals necessary to perform all Work described in the Contract Documents for the Project.
ARTICLE 3 CONTRACT TIME
3.1. Contractor shall be instructed to commence the Work by written instruction in the form
of a Purchase Order issued by Municipality’s Purchasing Director and two or more Notices to
Proceed issued by the Contract Administrator. The first Notice to Proceed and Purchase Order
will not be issued until Contractor submits to Municipality all required documents and after
execution of this Contract by both Parties. Preliminary Work, including submission of a project
schedule, schedule of values, submittals, submittal schedule, and other documents required for
permitting, and performance of Work that does not require permits, shall commence within ten
(10) days after the date of the first Notice to Proceed. Contractor shall have ten (10) days after
receipt of signed and sealed contract Drawings from Consultant to apply for construction permits
to the applicable permitting authority. Issuance of all permits by the permitting authority shall
be a condition precedent to the issuance of a second Notice to Proceed for additional Work.
Except for the reimbursement of permit application fees, impact fees, and performance and
payment bond premiums as may be provided for in the Contract Documents, Contractor shall not
be entitled to compensation of any kind during the permitting process. The Work to be
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performed pursuant to the second Notice to Proceed shall commence within ten (10) days after
the Project Initiation Date specified in the second Notice to Proceed.
3.2. Time is of the essence for Contractor’s performance under this Contract. Contractor must
obtain Substantial Completion of the Work within five hundred forty(540) days after the Project
Initiation Date specified in the second Notice to Proceed, and Final Completion within thirty (30)
days after Substantial Completion.
3.3. Upon failure of Contractor to obtain Substantial Completion within the deadline stated in
Section 3.2, as extended by any approved time extensions, Contractor shall pay to Municipality
the sum of $500.00for each day after the deadline for Substantial Completion, as extended by
any approved time extensions, until Substantial Completion is obtained. After Substantial
Completion, should Contractor fail to complete the remaining Work and obtain Final Completion
within the deadline stated in Section 3.2, as extended by approved time extensions thereof,
Contractor shall pay to Municipality the sum of $500.00 for each day after the deadline for Final
Completion, as extended by any approved extensions, until Final Completion is obtained. These
amounts are not penalties but are liquidated damages to Municipality for its inability to obtain
full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and
agreed upon between the Parties based on (1) a mutual recognition of the impossibility of
precisely ascertaining the amount of damages that will be sustained by Municipality as a
consequence of Contractor’s failure to timely obtain Substantial Completion, Final Completion,
or both; and (2) both Parties’ desire to obviate any question or dispute concerning the amount
of said damages and the cost and effect of the failure of Contractor to achieve Substantial
Completion, Final Completion, or both, on time. These liquidated damages shall apply separately
to each portion of the Project for which a deadline for Substantial Completion, Final Completion,
or both, is given. Liquidated damages do not address costs incurred by Municipality or
Consultant: (a) due to an audit conducted pursuant to Article 17 of the General Conditions; or (b)
in having Consultant administer the construction of the Project beyond the deadlines for
Substantial Completion, Final Completion, or both. Contractor is separately responsible to
Municipality for the actual costs referenced in (a) or (b) above, pursuant to Section 3.5.
3.4. Municipality may, but is not obligated to, deduct liquidated damages from monies due to
Contractor for the Work under this Contract or as much thereof as Municipality may, in its sole
discretion, deem just and reasonable.
ARTICLE 4 CONTRACT SUM
4.1. X This is a Unit Price Contract:*
4.1.1. Municipality shall pay to Contractor the amounts determined for the total number
of each of the units of Work completed at the unit price stated in the Contract Price. The
number of units contained in Contractor’s bid is an estimate only, and final payment shall
be made for the actual number of units incorporated in or made necessary by the Work.
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4.1.2. Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation to Contractor for all costs, including
overhead and profit, associated with Contractor’s completion of all Work in full
conformity with the requirements as stated or shown, or both, in the Contract
Documents. The cost of any item of Work not covered by a specific Contract unit price
shall be included in the Contract unit price or lump sum price to which the item is most
applicable.
4.2. X This is a Lump Sum Contract:*
4.2.1. Municipality shall pay Contractor the Contract Price for the performance of the
Work described in the Contract Documents.
4.2.2. Payment shall be at the lump sum price stated in this Contract. This price shall be
full compensation for all costs, including overhead and profit, associated with completion
of all Work in full conformity with the requirements as stated or shown, or both, in the
Contract Documents. The cost of any item of Work not covered by a specific Contract
lump sum should be included in the lump sum price to which the item is most applicable.
*Note: Only the subsections in the Contract Documents corresponding to any checked box in
this Article 4 will apply to this Contract. Some Projects include both unit prices and lump sums,
in which case both subsections shall apply as appropriate depending upon the type of Work being
performed by Contractor and approved by Municipality.
ARTICLE 5 PROGRESS PAYMENTS
5.1. Contractor may make an application for payment (“Application for Payment”), at intervals
of not more than once a month, for Work completed on the Project during the preceding interval.
Contractor shall, where the Project involves CBE or SBE Subcontractors, make Application for
Payment, at monthly intervals, for Work completed on the Project by such Subcontractors during
the proceeding monthly interval. Contractor’s Applications for payment must show a complete
breakdown of the Project components, the quantities completed during the applicable interval,
and the amount of payment sought, together with such supporting evidence as may be required
by Consultant or Contract Administrator. At a minimum, Contractor shall submit with each
Application for Payment: an updated progress schedule acceptable to Consultant as required by
the Contract Documents; a Certification of Payments to Subcontractors Form (Form 9); a
statement indicating the cumulative amount of CBE or SBE participation to date; and a release of
claims relative to the Work that was the subject of any previous Applications for Payment or
consent of surety relative to the Work that is the subject of the Application for Payment. If
Contractor has not made payment to a Subcontractor, the Certification of Payments to
Subcontractors Form shall be accompanied by a copy of the notification sent to each
Subcontractor (listed in Item 2 of the Form) to whom payment has not been made, explaining
the good cause why payment was not made. When applicable, each Application for Payment
shall be accompanied by a completed Statement of Wage Compliance Form (Form 8A or 8B).
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Each Application for Payment shall be submitted in triplicate to Consultant for approval as
follows:
Alvaro Cortes, Project Manager, 1201 Stirling Road, Dania Beach, Florida 33004
All Applications for Payment shall be stamped as received on the date on which they are
delivered in the manner specified above. Payments of Applications for Payment shall be subject
to approval as specified herein, and, if approved, payment for the undisputed portion(s) of the
Application for Payment shall be due twenty (20) business days after the date on which the
Application for Payment is stamped received. At the end of the twenty- (20) business days,
Contractor may send the Contract Administrator an overdue notice. If the Application for
Payment is not rejected within four (4) business days after delivery of the overdue notice, the
Application for Payment shall be deemed accepted, excepting any portions that Municipality
determines to be fraudulent or misleading. If the Application for Payment does not meet the
requirements of this Contract, Municipality shall reject the Application for Payment within
twenty (20) business days after the date stamped received and said rejection shall specify each
deficiency and the action necessary by Contractor to cure each deficiency. If Contractor submits
a request that corrects each deficiency, the corrected Application for Payment must be paid or
rejected within ten (10) business days after the corrected Application for Payment is stamped as
received. Any dispute between Municipality and Contractor shall be communicated in writing
and resolved pursuant to the dispute resolution procedure set forth in Article 12 of the General
Conditions.
5.2. Prior to issuance of the Punch List, Municipality may withhold retainage on each progress
payment as set forth in Section 255.078, Florida Statutes, as may be amended during this
Contract. Any reduction in retainage below the maximum amount set forth in Section 255.078,
Florida Statutes, shall be at the sole discretion of the Contract Administrator, as may be
recommended by Consultant. Any interest earned on retainage shall accrue to the benefit of
Municipality.
If the Summary of Terms and Conditions indicates that Materials and equipment will be stored
at the Project site, as payment for such storage, Contractor shall receive payment equal to ninety
percent (90%) of the invoiced amount of the Materials and equipment in the manner set forth in
this paragraph. The invoiced amount shall be based on the value of all acceptable Materials and
equipment not yet incorporated in the Work but delivered and suitably stored at the Project site
and scheduled for installation on-site within thirty (30) days after the date of the Application for
Payment. Copies of the supplier’s invoices for the Materials and equipment shall be included
with the Application for Payment.
5.3. Notwithstanding any provision of this Contract to the contrary, Municipality may withhold
payment, in whole or in part, in accordance with Applicable Law, as a consequence of
Contractor’s material breach of any obligation under the Contract Documents, or to such extent
as may be necessary to protect itself from loss on account of:
5.3.1 Inadequate or defective Work not remedied.
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5.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or Municipality relating to Contractor’s performance.
5.3.3 Failure of Contractor to make payments properly to Subcontractors or for material
or labor.
5.3.4 Damage to another contractor not remedied.
5.3.5 Liquidated damages and costs incurred by Consultant for extended construction
administration.
5.3.6 Failure of Contractor to provide any document(s) required by the Contract
Documents.
When the above grounds are removed or resolved to the satisfaction of the Contract
Administrator, any applicable withheld payment shall be made to the extent otherwise due.
ARTICLE 6 ACCEPTANCE AND FINAL PAYMENT
6.1. Consultant shall conduct an inspection within ten (10) days after receipt of written notice
from Contractor that all Work described in the Punch List has been completed and the Work is
ready for final inspection and acceptance. A Final Certificate of Payment (Form 11) for the Work,
or the applicable phase thereof, shall be issued if Consultant and Contract Administrator find
that: (a) the Work is acceptable; (b) the requisite documents have been submitted; (c) the
requirements of the Contract Documents are fully satisfied; and (d) all conditions of the permits
and regulatory agencies have been met. Such Final Certificate of Payment (Form 11) shall be
issued by Consultant, under its signature, stating that the applicable requirements of the Contract
Documents have been performed and that the Work is ready for acceptance under the terms and
conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant
the following final payment package: a complete release of all claims arising out of this Contract,
or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have
been paid in full and that all other indebtedness and financial obligations connected with the
applicable Work have been paid, or, in the alternative, a consent of the Surety to final payment
on Contractor’s behalf; the final corrected as-built Drawings; the final bill of Materials, if
required, and the final Application for Payment. This final payment package must include the
certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13),
which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and
suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault
of Contractor, and Consultant so certifies, Municipality shall, upon certification of Consultant,
and without terminating this Contract, make payment of the balance due for any portion of the
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Work fully completed and accepted. Such payment shall be made under the terms and conditions
governing final payment, but it shall not constitute a waiver of any claims by Municipality.
6.4. Final payment shall be made only after the Board or Municipality’s Purchasing Director,
as applicable, has reviewed a written evaluation of the performance of Contractor prepared by
the Contract Administrator and has approved the final payment. The acceptance of final
payment shall constitute a waiver of all claims by Contractor, except those previously made in
strict accordance with the provisions of the General Conditions and identified by Contractor as
unsettled at the time of the application for final payment.
ARTICLE 7 REPRESENTATIONS AND WARRANTIES
7.1. Representation of Authority. Contractor represents and warrants that this Contract
constitutes the legal, valid, binding, and enforceable obligation of Contractor, and that neither
the execution nor performance of this Contract constitutes a breach of any agreement that
Contractor has with any third party or violates Applicable Law. Contractor further represents and
warrants that execution of this Contract is within Contractor’s legal powers, and each individual
executing this Contract on behalf of Contractor is duly authorized by all necessary and
appropriate action to do so on behalf of Contractor and does so with full legal authority.
7.2. Solicitation Representations. Contractor represents and warrants that all statements and
representations made in Contractor’s proposal, bid, or other supporting documents submitted
to Municipality in connection with the solicitation, negotiation, or award of this Contract,
including during the procurement or evaluation process, were true and correct when made and
are true and correct as of the date Contractor executes this Contract, unless otherwise expressly
disclosed in writing by Contractor.
7.3. Contingency Fee. Contractor represents and warrants that it has not employed or
retained any person or entity, other than a bona fide employee working solely for Contractor, to
solicit or secure this Contract, and that it has not paid or agreed to pay any person or entity, other
than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of this Contract.
7.4. Public Entity Crimes. Contractor represents that it is familiar with the requirements and
prohibitions of the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that
its entry into this Contract will not violate that Act. In addition to the foregoing, Contractor
further represents that there has been no determination that it committed a “public entity crime”
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with
committing an act defined as a “public entity crime,” regardless of the amount of money involved
or whether Contractor has been placed on the convicted vendor list.
7.5. Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Contractor
represents that it has not been placed on the discriminatory vendor list as provided in Section
287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473
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or 215.4725, Florida Statutes. Contractor further represents that it is not, and for the duration
of the Contract will not be, ineligible to contract with Municipality on any of the grounds stated
in Section 287.135, Florida Statutes. Contractor represents that it is, and for the duration of this
Contract will remain, in compliance with Section 286.101, Florida Statutes.
7.6. Claims Against Contractor. Contractor represents and warrants that there is no action or
proceeding, at law or in equity, before any court, mediator, arbitrator, governmental or other
board or official, pending or, to the knowledge of Contractor, threatened against or affecting
Contractor, the outcome of which may (a) affect the validity or enforceability of this Contract,
(b) materially and adversely affect the authority or ability of Contractor to perform its obligations
under this Contract, or (c) have a material and adverse effect on the consolidated financial
condition or results of operations of Contractor or on the ability of Contractor to conduct its
business as presently conducted or as proposed or contemplated to be conducted.
7.7. Verification of Employment Eligibility. Contractor represents that Contractor and each
Subcontractor have registered with and use the E-Verify system maintained by the United States
Department of Homeland Security to verify the work authorization status of all newly hired
employees in compliance with the requirements of Section 448.095, Florida Statutes, and that
entry into this Contract will not violate that statute. If Contractor violates this section,
Municipality may immediately terminate this Contract for cause and Contractor shall be liable for
all costs incurred by Municipality due to the termination.
7.8. Warranty of Performance. Contractor represents and warrants that it possesses the
knowledge, skill, experience, and financial capability required to perform and provide all Work
and that each person and entity that will perform or provide Work is duly qualified to perform
such Work by all appropriate governmental authorities, where required, and is sufficiently
experienced and skilled in the area(s) for which such person or entity will render such Work.
Contractor represents and warrants that the Work shall be performed in a skillful and respectful
manner, and that the quality of all such Work shall equal or exceed prevailing industry standards
for such Work.
7.9. Truth-In-Negotiation Representation. Contractor’s compensation under this Contract is
based upon its representations to Municipality, and Contractor certifies that the wage rates,
factual unit costs, and other information supplied to substantiate Contractor’s compensation,
including without limitation those made by Contractor during the negotiation of this Contract,
are accurate, complete, and current as of the date Contractor executes this Contract.
Contractor’s compensation may be reduced by Municipality, in its sole discretion, to correct any
inaccurate, incomplete, or noncurrent information provided to Municipality as the basis for
Contractor’s compensation in this Contract.
7.10. Prohibited Telecommunications Equipment. Contractor represents and certifies that
Contractor and all Subcontractors do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, as such terms are used in 48 CFR §§
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52.204-24 through 52.204-26. Contractor represents and certifies that Contractor and its
Subcontractors shall not provide or use such covered telecommunications equipment, system,
or services at any time during the term of this Contract.
7.11. Entities of Foreign Concern. The provisions of this section apply only if Contractor or any
Subcontractor will have access to an individual’s personal identifying information under this
Contract. Contractor represents and certifies: (a) Contractor is not owned by the government of
a foreign country of concern; (b) the government of a foreign country of concern does not have
a controlling interest in Contractor; and (c) Contractor is not organized under the laws of and
does not have its principal place of business in a foreign country of concern. On or before the
Effective Date, Contractor and any Subcontractor that will have access to personal identifying
information shall submit to Municipality executed affidavit(s) under penalty of perjury, in a form
approved by Municipality attesting that the entity does not meet any of the criteria in Section
287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the
requirements of a proper Application for Payment for purposes of Article 5. Terms used in this
section that are not otherwise defined in this Contract shall have the meanings ascribed to such
terms in Section 287.138, Florida Statutes.
7.12. Breach of Representations. Contractor acknowledges that Municipality is materially
relying on the representations, warranties, and certifications of Contractor stated in this article.
Municipality shall be entitled to exercise any or all of the following remedies if any such
representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b)
termination of this Contract without any further liability to Contractor; (c) set off from any
amounts due Contractor the full amount of any damage incurred; and (d) debarment of
Contractor.
ARTICLE 8 MISCELLANEOUS
8.1. Contract Documents and Priority of Provisions. If there is any conflict between the terms
contained in this Contract and those contained in a Contract Supplement, the terms of such
Contract Supplement shall prevail. Furthermore, if there is any conflict between the terms of the
General Conditions included in this Contract and those contained in any General Supplemental
Provisions, the terms of such General Supplemental Provisions shall prevail. In addition, anything
shown on the Drawings and not mentioned in the specifications or mentioned in the
specifications and not shown on the Drawings, shall have the same effect as if shown or
mentioned respectively in both. In the event of a conflict among the Contract Documents,
Contractor shall provide the latest, most stringent, and more technical requirement(s), including,
but not limited to, the requirements setting forth the better quality or greater quantity.
Notwithstanding the forgoing, if this Contract is identified in the Summary of Terms and
Conditions as being subject to Florida Department of Transportation (“FDOT”) provisions, the
following priority of provisions shall apply in the event of a conflict:
First Priority: Approved Change Orders, Addendums, or Amendments
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Second Priority: Technical Specifications
Third Priority: Supplemental Conditions or Special Terms
Fourth Priority: General Terms and Conditions
Fifth Priority: Contract
Sixth Priority: Solicitation documents
Seventh Priority: Contractor’s response to solicitation documents
8.2. Independent Contractor. Contractor is an independent contractor under this Contract.
Work provided by Contractor (and all Subcontractors) pursuant to this Contract shall be subject
to the supervision of Contractor. In providing such services, neither Contractor nor its agents
shall act as officers, employees, or agents of Municipality. This Contract shall not constitute or
make the Parties a partnership or joint venture.
8.3. Third-Party Beneficiaries. Except for Broward County to the extent expressly identified
herein, neither Contractor nor Municipality intends to primarily or directly benefit a third party
by entering into this Contract. Therefore, the Parties agree that, other than Broward County,
there are no third-party beneficiaries to this Contract (other than Consultant, and only to the
extent this Contract expressly provides Consultant with specific rights or remedies).
8.4. Notices. Unless otherwise stated herein, for notice to a Party to be effective under this
Contract, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight
delivery, each with a contemporaneous copy via email, to the addresses listed below and shall
be effective upon mailing or hand delivery (provided the contemporaneous email is also sent).
Addresses may be changed by the applicable Party giving notice of such change in accordance
with this section.
For Municipality:
Ana M. Garcia, ICMA-CM, City Manager
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
agarcia@daniabeachfl.gov
For Contractor:
Chris Mancini
3100 SW 15th Street
Deerfield Beach, FL 33442]
E-mail: christopherm@ric-manfl.com
8.5. Assignment. Neither this Contract nor any interest herein or proceeds hereof shall be
assigned, transferred, or encumbered without the written consent of the other party, and
Contractor shall not subcontract any portion of the Work required by this Contract except as
authorized by Article 28 of the General Conditions. Any attempted assignment, transfer,
encumbrance, or subcontract in violation of this section shall be void and ineffective, and shall
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constitute a breach of this Contract. Municipality reserves the right to condition its approval of
any assignment, transfer, encumbrance, or subcontract upon further due diligence and an
additional fee paid to Municipality to reasonably compensate it for the performance of any such
due diligence.
8.6. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this
Contract was bargained for at arm’s-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth herein is substantial and important to the formation of this Contract
and is, therefore, a material term.
8.7. No Waiver. Municipality’s failure to enforce any provision of this Contract shall not be
deemed a waiver of its right or power to enforce such provision or a modification of this Contract.
The failure to assert a breach of a provision of this Contract shall not be deemed a waiver of such
breach or of any subsequent breach, nor shall it be construed to be a modification of the terms
of this Contract.
8.8. Severability. If any part of this Contract is found to be unenforceable by a court of
competent jurisdiction, that part shall be deemed severed from this Contract and the balance of
this Contract shall remain in full force and effect.
8.9. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Contract shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. Jurisdiction of
any controversies or legal problems arising out of this Contract, and any action involving the
enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of
the Seventeenth Judicial Circuit in Broward County, Florida, and venue for such litigation shall be
exclusively in such state courts, forsaking any other jurisdiction that either party may claim by
virtue of its residency or other jurisdictional device. EACH PARTY HEREBY EACH EXPRESSLY
WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO
THIS CONTRACT. IF A PARTY FAILS TO WITHDRAW A DEMAND FOR A JURY TRIAL AFTER
WRITTEN NOTICE BY THE OTHER PARTY, THE PARTY MAKING THE DEMAND FOR JURY TRIAL
SHALL BE LIABLE FOR REASONABLE ATTORNEYS’ FEES AND COSTS OF THE OTHER PARTY TO
CONTEST THE DEMAND FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE
COURT IN ADJUDICATING THE MOTION. CONTRACTOR, PURSUANT TO ARTICLE 28 OF THE
GENERAL CONDITIONS, SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS
OF THIS SECTION.
8.10. Amendments. Unless otherwise expressly authorized herein, no modification,
amendment, or alteration of any portion of this Contract shall be effective unless contained in a
written document executed with the same or similar formality as this Contract by duly authorized
representatives of Municipality and Contractor.
8.11. Prior Agreements. The Contract is the final and complete understanding of the Parties
regarding the subject matter of this Contract and supersedes all prior and contemporaneous
negotiations and discussions regarding same. All commitments, agreements, and
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understandings of the Parties concerning the subject matter of this Contract or the Contract
Documents are contained herein.
8.12. Compliance with Laws. Contractor and the Work must comply with all Applicable Law,
including, but not limited to, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504
of the Rehabilitation Act of 1973, and the requirements of any applicable grant agreements.
8.13. Federally Funded Contracts. Contractor certifies and represents that it will comply with
the Municipality’s Federally Funded Contract Requirements to the extent they apply attached
hereto and incorporated herein as Exhibit C.
8.14. Interpretation. The titles and headings in the Contract Documents are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Contract. All
personal pronouns shall include any other gender, and the singular shall include the plural, and
vice versa, unless the context otherwise requires. Terms such as “herein” refer to the Contract
as a whole and not to any particular sentence, paragraph, or section where they appear, unless
the context otherwise requires. Whenever reference is made to a section or article, such
reference is to the section or article as a whole, including the subsections thereof, unless the
reference is made to a particular subsection or subparagraph of such section or article. Any
reference to “days” means calendar days, unless otherwise expressly stated. Any reference to
approval by Municipality shall require approval in writing, unless otherwise expressly stated.
8.15. Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be
waived by entering into this Contract, nothing herein is intended to serve as a waiver of sovereign
immunity by Municipality nor shall anything included herein be construed as consent by
Municipality to be sued by third parties in any matter arising out of this Contract.
8.16. Polystyrene Products Ban. Contractor shall not sell or provide for use on County property
expanded polystyrene products or food service articles (e.g., Styrofoam), unencapsulated
expanded polystyrene products, or single-use plastic straws or stirrers, as set forth in more detail
in Section 27.173, Broward County Administrative Code.
8.16. Drug-Free Workplace. If required under Section 21.23(f), Broward County Administrative
Code, or Section 287.087, Florida Statutes, Contractor certifies that it has and will maintain a
drug-free workplace program throughout the duration of this Contract.
8.17. Regulatory Capacity. Notwithstanding the fact that Municipality is a political subdivision
with certain regulatory authority, Municipality’s performance under this Contract is as a Party to
this Contract and not in its regulatory capacity. If Municipality exercises its regulatory authority,
the exercise of such authority and the enforcement of Applicable Law shall have occurred
pursuant to Municipality’s regulatory authority as a governmental body separate and apart from
this Contract, and shall not be attributable in any manner to Municipality as a party to this
Contract.
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8.18. Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated in this Contract by reference. The attached Exhibits are incorporated into
and made a part of this Contract.
8.19. Fiscal Year. The continuation of this Contract beyond the end of any Municipality fiscal
year is subject to both the appropriation and the availability of funds pursuant to Chapter 129
and, if applicable, Chapter 212, Florida Statutes.
8.20. Counterparts and Multiple Originals. This Contract may be executed in multiple originals,
and may be executed in counterparts, whether signed physically or electronically, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
Special Funding Requirements. If the Summary of Terms and Conditions indicates there is any
federal or state funding applicable to this Contract, Contractor certifies and represents that it will
comply with the Special Funding Requirements attached as Exhibit C and D.
8.21.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
MUNICIPALITY, CITY OF DANIA BEACH through its Board, signing by and through its Mayor or
Vice-Mayor authorized to execute same by Board action on the ______ day of ____________,
20____, and CONTRACTOR, signing by and through its _____________________, duly authorized
to execute same.
MUNICIPALITY
ATTEST:
_______________________________
ELORA RIERA, MMC
CITY CLERK
By:
JOYCE L. DAVIS, MAYOR
By: __
ANA M. GARCIA, ICMA-CM, CITY MANAGER,
I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties:
EVE A. BOUTSIS, CITY ATTORNEY
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CONTRACT BETWEEN THE MUNICIPALITY CITY OF DANIA BEACH AND RIC-MAN
CONSTRUCTION FLORIDA, INC.
FOR SOUTHEAST DRAINAGE RETROFIT PROJECT, PHASE II
BID/CONTRACT NO.: ITB 25-012
CONTRACTOR: WITNESSES: RIC-MAN CONSTRUCTION FLORIDA, INC., a Florida corporation
SIGNATURE SIGNATURE
_________________________ PRINT Name PRINT Name _________________________ SIGNATURE Title
_________________________ Date: PRINT Name
STATE OF FLORIDA) COUNTY OF )
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on __ ,2025 by ____________________________ as
___________________ of Ric-Man Construction Florida, Inc., a Florida corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida
Print Name
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CONTRACT SUPPLEMENT
[DELETE THIS PAGE IF NOT APPLICABLE]
The following deviations are incorporated herein and made a part of this Contract, revising the
respective article and section as noted below.
Coding: Words in strikethrough type are deletions from existing text. Words in underlined text
are additions to existing text.
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GENERAL CONDITIONS
ARTICLE 1 CONTRACT DOCUMENTS
1.1 The Contract Documents shall be followed in strict accordance as to Work, performance,
material(s), and dimensions except when Consultant may authorize, in writing, an exception.
1.2 Dimensions given in figures shall predominate over scaled measurements from the
Drawings; however, any discrepancies regarding figures must be resolved by Consultant prior to
applicable Work commencing. Contractor shall not proceed when in doubt as to any dimension
or measurement, but shall seek clarification from Consultant.
ARTICLE 2 INTENTION OF MUNICIPALITY
Municipality intends to describe in this Contract a functionally complete Project (or part thereof)
to be constructed in accordance with this Contract and in accordance with all codes and
regulations governing construction of the Project. The Work is a description of Contractor’s
obligations and responsibilities and is deemed to include preliminary considerations and
prerequisites, as well as all labor, materials, equipment, and tasks, that are such an inseparable
part of the Work described that exclusion of them from the Work would render performance by
Contractor impractical, illogical, or unconscionable, and shall be supplied by Contractor whether
or not specifically called for. When words that have a well-known technical or trade meaning are
used to describe Work, materials, or equipment, such words shall be interpreted in accordance
with that meaning, unless specified otherwise herein. Reference to standard specifications,
manuals, or codes of any technical society, organization, or association, or to the laws or
regulations of any governmental authority, whether such reference be specific or by implication,
shall mean the latest standard specification, manual, code, laws, or regulations in effect at the
time of opening of bids for the Project. Contractor shall comply with such specifications,
manuals, codes, laws, or regulations. Municipality will have no duties other than those duties
and obligations expressly set forth within this Contract.
ARTICLE 3 PRELIMINARY MATTERS
3.1. At least five (5) days prior to the pre-construction meeting described in Section 3.2,
Contractor shall submit to Consultant for Consultant’s review and acceptance:
3.1.1. A progress schedule in the indicated form:
Bar Chart
Modified Critical Path Method (“CPM”)
X CPM
Computerized CPM
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(CPM is interpreted to be generally as outlined in the Association of General Contractors
(“AGC”) publication, “The Use of CPM in Construction.”)
The progress schedule shall indicate the start and completion dates of the various stages
of the Work, and shall show an activity network for the planning and execution of the
Work. Included with the progress schedule shall be a narrative description of the progress
schedule. The progress schedule must be updated monthly by Contractor, submitted as
part of each Application for Payment, and must be acceptable to Consultant.
3.1.2. A preliminary schedule of shop drawing submissions; and
3.1.3. In a lump sum contract or in a contract that includes lump sum bid items of Work,
a preliminary schedule of values for all of the Work that includes quantities and prices of
items aggregating the Contract Price, in as much detail as may be requested by County in
writing, and that subdivides the Work into component parts in sufficient detail to serve
as the basis for progress payments during construction.
In addition, after award but prior to the submission of the progress schedule, Consultant,
Contract Administrator, and Contractor shall meet with all utility owners and secure from them
a schedule of utility relocation; provided, however, that neither Consultant nor Municipality shall
be responsible for the nonperformance by the utility owners.
3.2. At a time specified by Consultant, but before Contractor starts the Work at the Project
site, a conference attended by Contractor, Consultant, and others as deemed appropriate by
Contract Administrator, will be held to discuss the schedules referred to in Section 3.1; to discuss
procedures for handling shop drawings and other submittals and for processing Applications for
Payment; and to establish a working understanding among the Parties as to the Work.
3.3. Within thirty-five (35) days after the Project Initiation Date set forth in the applicable
Notice to Proceed, a conference attended by Contractor, Consultant, and others, as appropriate,
will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five
(45) days after the Project Initiation Date set forth in the applicable Notice to Proceed, Contractor
shall revise the original schedule submittal to address all review comments from the progress
schedule review conference and resubmit a revised progress schedule to Consultant for review.
Consultant’s acceptance of the finalized progress schedule shall only be with respect to the
orderly progression of the Work to completion within the Contract Time, but such acceptance
shall not constitute acceptance by Municipality or Consultant of the means or methods of
construction or of the sequencing or scheduling of the Work. Such acceptance will not impose
on Consultant or Municipality responsibility for the progress or scheduling of the Work, or
otherwise relieve Contractor from full responsibility therefor. The finalized schedule of shop
drawing submissions must be acceptable to Consultant as providing a workable arrangement for
processing such submissions. The finalized schedule of values must be acceptable to Consultant
as to form and substance.
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ARTICLE 4 PERFORMANCE BOND AND PAYMENT BOND
4.1. Within ten (10) days after being notified of the award, Contractor shall furnish a
Performance Bond and a Payment Bond containing all the provisions of the Performance Bond
(Form 1) and Payment Bond (Form 2). Each Bond shall be in the amount of one hundred percent
(100%) of the Contract Price guaranteeing to Municipality the completion and performance of
the Work covered in such Contract as well as full payment of all suppliers, laborers, and
Subcontractors employed pursuant to this Project. Each bond shall be with a surety company
that is qualified pursuant to Article 5. Each Bond must name “Broward County” as an additional
obligee.
4.2 Each bond shall continue in effect for one (1) year after Final Completion and acceptance
of the Work with liability equal to one hundred percent (100%) of the Contract Price, or an
additional bond provided to ensure that Contractor will, upon notification by Municipality,
correct any defective or faulty Work or Materials that appear within one (1) year after Final
Completion of this Contract.
4.3. Pursuant to the requirements of Section 255.05, Florida Statutes, Contractor shall ensure
that the bond(s) referenced above shall be recorded in the Official Records of Broward County
and provide Municipality with evidence of such recording.
4.4. In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate
forms of security in the form of cash, money order, certified check, cashier’s check, or
unconditional letter of credit. Such alternate forms of security shall be subject to the approval
of Municipality and for same purpose, and shall be subject to the same conditions as those
applicable above, and shall be held by Municipality for one (1) year after completion and
acceptance of the Work.
ARTICLE 5 QUALIFICATION OF SURETY
5.1 For all Bid Bonds, Performance Bonds, and Payment Bonds over Five Hundred Thousand
Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident agent in the
State of Florida, and having been in business with a record of successful continuous
operation for at least the past five (5) years.
5.1.2. The surety company shall hold a current Certificate of Authority as acceptable
surety on federal bonds in accordance with United States Department of Treasury Circular
570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation
set forth in the circular, in order to qualify as a proper surety herein, the net retention of
the surety company shall not exceed the underwriting limitation in the circular, and the
excess risks must be protected by coinsurance, reinsurance, or other methods in
accordance with Treasury Circular 297, Revised (31 C.F.R. §§ 223.10, 223.11). Further,
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the surety company shall provide Municipality with evidence satisfactory to Municipality
that such excess risk has been protected in an acceptable manner.
5.1.3. A surety company that is rejected by Municipality may be substituted by the
Bidder or proposer with a surety company acceptable to Municipality, but only if the bid
amount does not increase.
5.1.4. All bonds shall be written through surety insurers authorized to do business in the
State of Florida as surety, with the following qualifications according to the latest edition
of Best’s Insurance Guide, published by AM Best Company, Oldwick, New Jersey:
Amount of Bond Municipality Policy Holder’s Ratings
Strength/Financial Size
$500,001 to $1,500,000 A/ III
$1,500,001 to $2,500,000 A/ VI
$2,500,001 to $5,000,000 A/ VII
$5,000,001 to $10,000,000 A/ VIII
Over $10,000,000 A/ IX
5.2. For projects that do not exceed Five Hundred Thousand Dollars ($500,000.00),
Municipality may accept a Bid Bond, Performance Bond, or Payment Bond from a surety company
that has twice the minimum surplus and capital required by the Florida Office of Insurance
Regulation at the time the solicitation is issued, if the surety company is otherwise in compliance
with the provisions of the Florida Insurance Code, and if the surety company holds a currently
valid Certificate of Authority issued by the United States Department of the Treasury under
Sections 9304 to 9308 of Title 31 of the United States Code. The Certificate and Affidavit (Form
4) so certifying should be submitted with the Bid Bond, Performance Bond, or Payment Bond.
5.3. More stringent requirements of any grantor agency may be set forth within the
Supplemental Conditions. If there are no more stringent requirements, the provisions of this
article shall apply.
ARTICLE 6 INDEMNIFICATION
Contractor shall indemnify and hold harmless Municipality and its current, past, and future
officers and employees (collectively, “Indemnified Party”), from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys’ fees (collectively, a “Claim”), to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor
or persons employed or utilized by Contractor in the performance of this Contract, including but
not limited to Contractor’s Subcontractors, sub-subcontractors, materialmen, or agents of any
tier, or any of their respective employees. To the extent considered necessary by Contract
Administrator and Municipality Attorney, any sums due Contractor under this Contract may be
retained by Municipality until all of Municipality’s claims for indemnification pursuant to this
Contract have been settled or otherwise resolved, and any amount withheld shall not be subject
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to payment of interest by Municipality. These indemnifications shall survive the term of this
Contract.
ARTICLE 7 INSURANCE REQUIREMENTS
7.1. The specific insurance coverage requirements for this project are identified in the
Minimum Insurance Requirements, below. For purposes of this article, the term “Municipality”
shall include Municipality and its members, officials, officers, and employees.
7.2. For the duration of the Contract, Contractor shall, at its sole expense, maintain at least
the minimum limits of insurance coverage designated in the Contract Documents (inclusive of
any amount provided by an umbrella or excess policy) in accordance with the terms and
conditions stated in this article. If Contractor maintains broader coverage or higher limits than
the insurance requirements stated in this, Article 7 .Municipality shall be entitled to all such
broader coverages and higher limits. Municipality reserves the right at any time to review and
adjust the limits and types of coverage required under this article.
7.3. Contractor shall maintain insurance coverage against claims relating to any act or
omission by Contractor, its agents, representatives, employees, or Subcontractors in connection
with the Contract. All required insurance under this article shall provide primary coverage, list
Municipality as an additional insured, and shall not require contribution from any Municipality
insurance, self-insurance or otherwise. All insurance held by Municipality, as well as
Municipality’s self-insurance, shall be in excess of and shall not contribute to the required
insurance provided by Contractor. Unless prohibited by the applicable policy, Contractor waives
any right to subrogation that any of Contractor’s insurers may acquire against Municipality, and
agrees to obtain same in an endorsement on all lines of insurance required of Contractor under
this article including any excess or umbrella policies.
7.4. All required insurance policies must be placed with insurers or surplus line carriers
authorized to conduct business in the State of Florida with an A.M. Best rating of A- or better and
a financial size category class VII or greater, unless otherwise approved by County’s Risk
Management Division in writing.
7.5. Contractor shall declare in writing any self-insured retentions or deductibles over the
limit(s) prescribed in this Article 7, and shall submit same to Municipality, at least fifteen (15)
days prior to the effective date of the Contract or commencement of the Work for Municipality’s
written approval of such retentions or deductibles. Contractor shall be solely responsible for and
shall pay any deductible or self-insured retention applicable to any claim against Municipality.
Municipality may, at any time, require Contractor to purchase coverage with a lower retention
or provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. Contractor agrees that any deductible or self-insured
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retention may be satisfied by either the named insured or Municipality, if so elected by
Municipality, and Contractor agrees to obtain same in endorsements to the required policies.
7.6. To the extent insurance requirements are designated in the Minimum Insurance
Requirements, the applicable policies shall comply with the following:
7.6.1. Commercial General Liability Insurance. Policy shall be no more restrictive than
that provided by the latest edition of the standard Commercial General Liability Form
(Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office
(ISO), with the exception of endorsements specifically required by ISO or the State of
Florida, and liability arising out of: Mold, fungus, or bacteria; Terrorism; Silica, asbestos
or lead; Sexual molestation; and Architects and engineers professional liability, unless
coverage for professional liability is specifically required by this Contract. Municipality,
Consultant, and Broward County shall be included on the policy (and any excess or
umbrella policy) as “Additional Insureds” on a form no more restrictive than ISO form CG
20 10 (Additional Insured – Owners, Lessees, or Contractor).
7.6.2. Contractor shall maintain products or completed work coverage for a minimum of
three (3) years from the date of the final completion of the Work, unless otherwise stated
in the Insurance Requirements Exhibit. In that case, the term specified in the Insurance
Requirements shall govern the duration of the coverage required by this paragraph.
7.6.3. Business Automobile Liability Insurance. Policy shall be no more restrictive than
that provided by Section II (Liability Coverage) of the most recent version of the standard
Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including
coverage for liability contractually assumed, and shall cover all owned, non-owned, and
hired autos used in connection with the performance of Work under this Contract.
Municipality and Consultant shall be included on the policy (and any excess or umbrella
policy) as “Additional Insureds.”
7.6.4. Workers’ Compensation/Employer’s Liability Insurance. Such insurance shall be
no more restrictive than that provided by the latest edition of the standard Workers’
Compensation Policy, as filed for use in Florida by the National Council on Compensation
Insurance (NCCI), with the exception of endorsements required by NCCI or the State of
Florida. The policy must be endorsed to waive the insurer’s right to subrogate against
Municipality in the manner which would result from the attachment of the NCCI form
“Waiver of our Right to Recover from Others Endorsement” (Advisory Form WC 00 03 13)
with Municipality scheduled thereon. Where appropriate, coverage shall be included to
the extent required by Applicable Law, including, but not limited to, the Federal
Employer’s Liability Act, the Jones Act, and the Longshoreman and Harbor Workers’
Compensation Act.
If Contractor provides all or a portion of the Workers’ Compensation/Employer’s Liability
insurance required herein via a professional employer organization (“PEO”) or employee
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leasing company, any such Workers’ Compensation/Employer’s Liability insurance
provided will only be deemed acceptable solely for the purposes of insuring Contractor’s
enrolled employees. In addition, and notwithstanding the foregoing, in order to
adequately protect Municipality against injuries to uninsured employees of
Subcontractors and non-enrolled employees of Contractor, Contractor must still procure,
maintain, and furnish Municipality with evidence of a stand-alone separate Workers’
Compensation/Employer’s Liability insurance policy issued with Contractor as an
additional insured, and complying with all requirements for Contractor provided Workers’
Compensation contained in the Contract Documents. It is permissible for Contractor to
exclude payroll of leased employees from such separate Workers’
Compensation/Employer’s Liability insurance policy.
7.6.5. Professional Liability Insurance. Such insurance shall cover Contractor for those
sources of liability arising out of the rendering or failure to render professional services in
the performance of the services required in this Contract.
7.6.6. Cyber Liability, or Technology Errors and Omissions Insurance. Coverage is
required for any system connected to, and, or accessible from the internet. Coverage
may be included as part of the required Professional Liability Insurance. Such policy shall
cover, at a minimum, the following: Data Loss and System Damage Liability; Security
Liability; Privacy Liability; Privacy/Security Breach Response coverage, including
Notification Expenses.
7.6.7. Environmental Pollution Liability. Such insurance shall include clean-up costs and
provide coverage to Contractor for liability resulting from pollution or other
environmental impairment arising out of, or in connection with, Work performed under
this Contract, or which arises out of, or in connection with this Contract, including
coverage for clean-up of pollution conditions and third-party bodily injury and property
damage arising from pollution conditions. Such insurance shall also include
Transportation Coverage and Non-Owned Disposal Sites coverage. Should policy provide
coverage on a claims-made basis, the coverage shall be in force and effect to respond to
all claims reported within at least three (3) years following the period for which coverage
is required, unless a longer period is indicated in the Minimum Insurance Requirements,
and which claims would have been covered had the coverage been provided on an
occurrence basis.
7.6.8. Property Insurance, Builder’s Risk, or Installation Floater. Such insurance shall be
in force and evidenced to Municipality as a condition precedent to the Notice to Proceed
for construction. Coverage shall be “All Risks,” Completed Value form with a deductible
not to exceed $10,000 for each claim for all perils except wind and flood. For the perils
of wind and flood, Contractor shall maintain a deductible that is commercially feasible but
which does not exceed five percent (5%) of the “values at risk at the time of loss” unless
otherwise approved by Municipality.
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Sublimits: With respect to coverage for the peril of wind, the policy shall not be subject
to any sublimit less than $50,000,000 per occurrence. With respect to the peril of Flood,
the policy shall not be subject to any sublimit less than $10,000,000 per occurrence. Any
sublimit for wind or flood lower than those identified in the foregoing must be approved
by Municipality.
Waiver of Occupancy Clause or Warranty-Policy must be specifically endorsed to
eliminate any “Occupancy Clause” or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of construction shall not be occupied
without specific endorsement of the policy. The policy must be endorsed to provide that
the Builder’s Risk coverage will continue to apply until final acceptance of the building(s),
addition(s) or structure(s) by Municipality.
Municipality reserves the right to purchase or provide property insurance covering the
materials, equipment and supplies that are intended for specific installation in the Project
while such materials, equipment and supplies are located at the Project site (this coverage
will be specifically to cover property under construction or similar coverage), in transit,
and while temporarily located away from the Project site for the purpose of repair,
adjustment or storage at the risk of one (1) of the insured parties. This coverage will not
cover any of Contractor’s or Subcontractors’ tools, equipment, machinery or provide any
business interruption or time element coverage to the contractors. If Municipality elects
to purchase property insurance or provide for coverage under its existing insurance for
this Project, then in that case, the insurance required to be carried by Contractor may be
modified to account for the insurance being provided by Municipality, at Municipality’s
discretion. Such modification may also include execution of Waiver of Subrogation
documentation. If a claim with respect to this Project is made upon Municipality’s
insurance policy, Contractor shall be responsible for up to the first $50,000 of the
deductible amount for such claim.
7.7. On or before the effective date of the Contract, or at least fifteen (15) days prior to
commencement of the Work, as requested by Municipality, Contractor shall provide Municipality
with a copy of all Certificates of Insurance or other documentation sufficient to demonstrate the
insurance coverage required in this article.
7.8. Contractor shall ensure that all insurance coverages required by this article remain in full
force and effect without any lapse in coverage for the duration of this Contract and until all
performance required by Contractor has been completed, as determined by Contract
Administrator. Contractor shall provide notice to Municipality of any cancellation or modification
of any required policy at least thirty (30) days prior to the effective date of cancellation or
modification, and at least ten (10) days prior to the effective date of any cancellation due to
nonpayment, and shall concurrently provide Municipality with a copy of its updated Certificates
of Insurance evidencing continuation of the required coverage(s).
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7.9. If and to the extent requested by Municipality, Contractor shall provide to Municipality
complete, certified copies of all required insurance policies and all required endorsements within
thirty (30) days after Municipality’s request.
7.10. Contractor shall ensure that City of Dania Beach, 100 W. Dania Beach Blvd., Dania Beach
Florida, 33004” “Broward County, 115 S. Andrews Avenue, Fort Lauderdale, Florida 33301” and
Consultant are listed and endorsed as additional insureds on all policies required under this
article. Municipality shall be listed as Certificate Holder.
7.11. Contractor shall require each Subcontractor to maintain insurance coverage that
adequately covers the Work provided by that Subcontractor on substantially the same insurance
terms and conditions required of Contractor under this article. Contractor shall ensure that all
such Subcontractors comply with these requirements and that Municipality, “Broward County,”
and Consultant are named as additional insureds under the Subcontractors’ applicable insurance
policies. If Contractor or any Subcontractor fails to maintain the insurance required by the
Contract Documents, Municipality may pay any costs of premiums necessary to maintain the
required coverage and deduct such costs from any payment otherwise due to Contractor.
Contractor shall not permit any Subcontractor to provide Work or any other services under the
Contract unless and until the requirements of this section are satisfied. If requested by Municipality,
Contractor shall provide, within one (1) business day, evidence of each Subcontractor’s compliance
with this article.
7.12. If any of the policies required under this article provide claims-made coverage: (1) any
retroactive date must be prior to the effective date of the Contract; (2) the required coverage
must be maintained after termination or expiration of the Contract for at least the duration
stated in Exhibit _A_; and (3) if coverage is canceled or nonrenewed and is not replaced with
another claims-made policy form with a retroactive date prior to the effective date of the
Contract, Contractor must obtain and maintain “extended reporting” coverage that applies after
termination or expiration of the Contract for at least the duration stated in Exhibit A.
ARTICLE 8 LABOR AND MATERIALS
8.1 Unless otherwise provided herein, Contractor shall provide and pay for all Materials,
labor, water, tools, equipment, light, power, transportation, and other facilities and services
necessary for the proper execution and completion of the Work, whether temporary or
permanent, and whether or not incorporated or to be incorporated in the Work.
8.2 Contractor shall at all times enforce strict discipline and good order among its employees
and Subcontractors at the Project site, and shall not employ any unfit person or anyone not
skilled in the Work to which they are assigned.
ARTICLE 9 ROYALTIES AND PATENTS
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be
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connected with the construction of the Work or appurtenances, are hereby included in the prices
stipulated in this Contract for said Work.
ARTICLE 10 WEATHER
Extensions to the Contract Time for delays caused by the effects of inclement weather shall be
submitted as a request for a change in the Contract Time pursuant to Article 40. Time extensions
are justified only when rain, other inclement weather conditions, or related adverse soil
conditions result in Contractor being unable to work at least fifty percent (50%) of the normal
workday on controlling items of Work identified on the accepted schedule or updates to that
schedule.
ARTICLE 11 PERMITS, LICENSES, AND IMPACT FEES
11.1. Except as otherwise provided within the Special Instructions for Vendors, Contractor shall
secure and pay for all necessary permits and licenses required for the Work pursuant to
Applicable Law. Contractor shall be reimbursed for only the actual amount of the permit fees
levied by the permitting authority and paid by the Contractor as evidenced by an invoice or other
acceptable documentation issued by the permitting authority. Reimbursement to Contractor
shall be on a pass-through basis and shall not include profit or overhead of Contractor.
Contractor shall have and maintain appropriate Certificate(s) of Competency, valid for the Work
to be performed and valid for the jurisdiction in which the Work is to be performed, for all
persons working on the Project for whom a Certificate of Competency is required.
11.2. Municipality shall directly pay for all impact fees levied by any governmental entity with
jurisdiction.
ARTICLE 12 RESOLUTION OF DISPUTES
12.1. To prevent all disputes and litigation, the Parties agree that Consultant shall decide all
questions, claims, difficulties, and disputes of whatever nature that may arise relative to the
technical interpretation of the Contract Documents or fulfillment of the Contract as to the
character, quality, amount, and value of any Work done or materials furnished, or proposed to
be done or furnished, under or by reason of the Contract Documents, and Consultant’s decisions
of all claims, questions, difficulties, and disputes shall be final and binding to the extent provided
in Section 12.2. Any claim, question, difficulty, or dispute that cannot be resolved by agreement
of the Contract Administrator and Contractor shall be submitted to Consultant in writing within
five (5) days after the date of impasse. Unless a different period of time is set forth in this
Contract, Consultant shall notify the Contract Administrator and Contractor in writing of
Consultant’s decision within fourteen (14) days after the date of the receipt of the claim,
question, difficulty, or dispute, unless Consultant requires additional time to gather information
or allow the Parties to provide additional information. Except for disputes directly related to the
promptness of payment as set forth in Section 5.1 of the Contract, all nontechnical administrative
disputes shall be determined by the Contract Administrator pursuant to the time periods
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provided herein. During the pendency of any dispute and after a determination thereof,
Contractor, Consultant, and Contract Administrator shall act in good faith to mitigate any
potential damages, including utilization of construction schedule changes and alternative means
of construction.
12.2. If the determination of a dispute under this article is unacceptable to either party, the
party objecting to the determination must notify the other party in writing within ten (10) days
of receipt of the written determination. The notice must state the basis of the objection and
must be accompanied by a statement that any Contract Time or Contract Price adjustment
claimed is the entire adjustment to which the objecting party has reason to believe it is entitled
to as a result of the determination. Within sixty (60) days after Final Completion of the Work,
the Parties shall participate in mediation to address all objections to any determinations and to
attempt to prevent litigation. Neither party shall commence litigation prior to the expiration of
the sixty (60) day mediation period. The mediator shall be mutually agreed upon by the Parties.
Should any objection not be resolved in mediation, the Parties retain all their legal rights and
remedies provided under State law. A PARTY SPECIFICALLY WAIVES ALL OF ITS RIGHTS,
INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR CONTRACT TIME AND CONTRACT PRICE
ADJUSTMENTS PROVIDED IN THE CONTRACT, INCLUDING ITS RIGHTS AND REMEDIES UNDER
STATE LAW, IF SAID PARTY FAILS TO COMPLY IN STRICT ACCORDANCE WITH THE
REQUIREMENTS OF THIS ARTICLE.
12.3. In any lawsuit or legal proceeding arising under this Contract, Contractor hereby waives
any claim or defense based on facts or evidentiary materials of which Contractor had knowledge
but were not presented for consideration during the resolution of disputes process set forth in
Sections 12.1 and 12.2 above.
12.4. This article shall survive any dispute or litigation between the Parties, or expiration or
termination of this Contract for any reason, and Contractor expressly acknowledges and agrees
to be bound by this article throughout the course of any dispute or litigation with Municipality.
ARTICLE 13 INSPECTION OF WORK
13.1. Consultant and Municipality shall at all times have access to the Work, and Contractor
shall provide proper facilities for such access and for inspecting, measuring, and testing.
13.1.1. Should the Contract Documents, Consultant’s instructions, or Applicable Law
require any of the Work to be specially tested or approved, Contractor shall give
Consultant timely notice of readiness of the Work for testing. If the testing or approval is
to be made by an authority other than Municipality, timely notice shall be given of the
date fixed for such testing. Testing shall be performed promptly, and, where practicable,
at the source of supply. If any of the Work is covered up without approval or consent of
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Consultant, it must, if required by Consultant, be uncovered for examination and properly
restored at Contractor’s expense.
13.1.2. Reexamination of any of the Work may be ordered by Consultant with prior
written approval by the Contract Administrator, and if so ordered, the Work must be
uncovered by Contractor. If such Work is found to be in accordance with this Contract,
Municipality shall pay the cost of reexamination and replacement by means of a Change
Order. If such Work is not in accordance with this Contract, Contractor shall pay such
cost.
13.2. Inspectors shall have no authority to permit deviations from, or to relax or waive, any of
the provisions of the Contract Documents, or to delay the Project by failure to inspect the
materials and Work with reasonable promptness, without the written permission or instruction
of Consultant.
13.3. The payment of any compensation, the giving of any gratuity, or the granting of any favor,
of any character or form, by Contractor to any inspector, directly or indirectly, is strictly
prohibited, and any such act on the part of Contractor will constitute a breach of this Contract.
ARTICLE 14 SUPERINTENDENCE AND SUPERVISION
14.1. Municipality’s instructions are to be given through Consultant, which instructions
Contractor must strictly and promptly follow in every case. Contractor shall keep on the Project
a full-time, competent, English-speaking superintendent and any necessary assistants, all of
whom must be satisfactory to Consultant. The superintendent shall not be changed except with
the written consent of Consultant, unless the superintendent proves to be unsatisfactory to
Contractor and ceases to be in its employ. The superintendent shall represent Contractor; all
instructions given to the superintendent shall be as binding as if given to Contractor, and will be
confirmed in writing by Consultant upon the written request of Contractor. Contractor shall
provide efficient supervision of the Work, using its best skill and attention.
14.2. On a daily basis, Contractor’s superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any weather condition
affected progress of the Work; time of commencement of Work for the day; the Work being
performed; materials, labor, personnel, equipment and Subcontractors at the Project site;
visitors to the Project site, including representatives of Municipality, Consultant, or regulatory
representatives; any event that caused or contributed a delay to the critical path of the Project;
any special or unusual conditions or occurrences encountered; and the time of termination of
Work for the day. All information shall be recorded in the daily log in ink, unless otherwise
approved by Consultant. The daily log shall be kept on or accessible from the Project site and
shall be available at all times for inspection and copying by Municipality and Consultant.
14.3. The Contract Administrator, Contractor, and Consultant shall meet at least every two (2)
weeks (or as otherwise determined by the Contract Administrator) during the course of the Work
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to review and agree upon the Work performed to date and to establish the controlling items of
Work for the next two (2) weeks. Consultant shall publish, keep, and distribute minutes and any
comments thereto of each such meeting.
14.4. If Contractor, in the course of performing the Work, finds any discrepancy between this
Contract and the physical conditions of the locality, or any errors, omissions, or discrepancies in
this Contract, it shall be Contractor’s duty to immediately inform Consultant, in writing, and
Consultant will promptly review same. Any Work done after such discovery, until authorized, will
be done at Contractor’s sole risk, without entitlement to reimbursement or compensation.
14.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work
in accordance with this Contract. Contractor shall be solely responsible for the means, methods,
techniques, sequences, and procedures of construction.
ARTICLE 15 MUNICIPALITY’S RIGHT TO TERMINATE CONTRACT
15.1. The Contract Administrator may give notice in writing to Contractor and its Surety of
delay, neglect, or default, specifying the same with a notice to cure, upon the occurrence of any
of the following:
15.1.1. Contractor fails to begin the Work within fifteen (15) days after the Project
Initiation Date;
15.1.2. Contractor fails to perform the Work with sufficient workers, equipment, or
materials to ensure the prompt completion of the Work;
15.1.3. Contractor performs the Work unsuitably or causes it to be rejected as defective
and unsuitable;
15.1.4. Contractor discontinues performance of the Work in contravention of the
accepted schedule;
15.1.5. Contractor fails to perform any material term set forth in this Contract;
15.1.6. Contractor becomes insolvent or declared bankrupt, commits any act of
bankruptcy or insolvency, or makes an assignment for the benefit of creditors; or
15.1.7. From any other cause whatsoever, Contractor fails to carry on the Work in an
acceptable manner.
15.2. If Contractor, within a period of ten (10) days after such notice, does not proceed to cure
in accordance therewith, then Municipality’s awarding authority for this Contract may, upon
written certification from Consultant of the fact of such delay, neglect, or default and
Contractor’s failure to comply with such notice, terminate the services of Contractor, exclude
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Contractor from the Project site and take the performance of the Work out of the hands of
Contractor, and appropriate or use any or all materials and equipment on the Project site as may
be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further
payment until the Project is completed. In addition, Municipality may enter into an agreement
for the completion of the Project according to the terms and provisions of this Contract, use such
other methods as in the Contract Administrator’s sole opinion shall be required for the
completion of the Project according to the terms and provisions of this Contract, or use such
other methods as in the Contract Administrator’s sole opinion shall be required for the
completion of the Project in an acceptable manner. All damages, costs, and charges incurred by
Municipality, together with the costs of completing the Project, shall be deducted from any
monies due or which may become due to Contractor. If the damages and expenses so incurred
by Municipality shall exceed the unpaid balance, Contractor shall be liable and shall pay to
Municipality the amount of said excess.
15.3. If Municipality erroneously, improperly, or unjustifiably terminates for cause, such
termination shall be deemed a termination for convenience and the rights and obligations of
Municipality and Contractor shall be the same as if the termination had been exercised pursuant
to the Termination for Convenience clause as set forth in Section 15.4 below.
15.4. This Contract may be terminated for convenience, for any reason or no reason, in writing
by Municipality with at least ten (10) days’ advance written notice to Contractorof intent to
terminate and the date on which such termination becomes effective. If Contract is terminated
by Municipality pursuant to this section, Contractor shall be paid for all Work properly executed
and actual expenses incurred prior to termination in addition to termination settlement costs
reasonably incurred by Contractor relating to commitments that had become firm prior to the
termination. Payment sh all include reasonable profit for Work and services performed as limited
by Article 39 hereof. All actual expenses incurred shall have sufficient back-up documentation to
verify that such expenses were actually incurred by Contractor. No payment shall be made for
profit for Work and services that Contractor has not performed. Contractor acknowledges that
it has received good, valuable, and sufficient consideration for Municipality’s right to terminate
this Contract for convenience including in the form of Municipality’s obligation to provide
advance notice to Contractor of such termination in accordance with this Section 15.4.
15.5. Upon receipt of a notice of termination pursuant to Sections 15.2, 15.4, or 15.6,
Contractor shall promptly discontinue all affected Work unless the notice of termination directs
otherwise, and shall deliver or otherwise make available to Municipality all data, drawings,
specifications, reports, estimates, summaries, and such other information as may have been
required by this Contract whether completed or in process.
15.6. This Contract may also be terminated by the Board:
15.6.1. If Contractor is a “scrutinized company” pursuant to Sections 215.473 or
215.4725, Florida Statutes, if Contractor is placed on a “discriminatory vendor list”
pursuant to Section 287.134, Florida Statutes, or if Contractor is otherwise ineligible to
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transact business with County or Municipality under Applicable Law or provides a false
certification submitted pursuant to Section 287.135, Florida Statutes.
ARTICLE 16 SUSPENSION OF WORK
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with Municipality. No Work shall be delayed or postponed pending resolution of
any disputes or disagreements except as Contractor and Municipality may otherwise agree in
writing. Suspension of Work by Contractor during any dispute or disagreement with Municipality
shall entitle Municipality to terminate this Contract for cause.
ARTICLE 17 PROJECT RECORDS AND RIGHT TO AUDIT
17.1 Audit Rights and Retention of Records. Contractor and all Subcontractors shall preserve
all Contract Records (as defined below) for a minimum period of three (3) years after expiration
or termination of this Contract or until resolution of any audit findings, whichever is longer. This
article shall survive any dispute or litigation between the Parties, and Contractor expressly
acknowledges and agrees to be bound by this article throughout the course of any dispute or
litigation with Municipality. Contract Records shall, upon reasonable notice, be open to
inspection and subject to audit and reproduction during normal business hours. Audits and
inspections pursuant to this article may be performed by any representative of Municipality
(including any outside representative engaged by either entity). Municipality may conduct audits
or inspections at any time during the term of this Contract and for a period of three (3) years
after the expiration or termination of this Contract (or longer if required by Applicable Law,
Municipality).
17.2 Municipality shall have the right to audit, review, examine, inspect, analyze, and make
copies of all Contract Records at a location within Broward County, Florida. Contractor hereby
grants Municipality the right to conduct such audit or review at Contractor’s place of business, if
deemed appropriate by Municipality, with seventy-two (72) hours’ advance notice. Contractor
agrees to provide adequate and appropriate workspace for such review. Contractor shall provide
Municipality with reasonable access to Contractor’s facilities, and Municipality shall be allowed
to interview all current or former employees to discuss matters pertinent to the performance of
this Contract. Contractor shall make all Contract Records available electronically in common file
formats or via remote access if, and to the extent, requested by Municipality.
17.3 Contract Records include any and all information, materials and data of every kind and
character, including without limitation, records, books, papers, documents, subscriptions,
recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes,
daily diaries, drawings, receipts, vouchers and memoranda, and any and all other documents that
pertain to rights, duties, obligations, or performance under this Contract. Contract Records
include hard copy and electronic records, written policies and procedures, time sheets, payroll
records and registers, cancelled payroll checks, estimating work sheets, correspondence, invoices
and related payment documentation, general ledgers, insurance rebates and dividends, and any
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other records pertaining to rights, duties, obligations or performance under this Contract,
whether by Contractor or Subcontractors, or otherwise necessary to adequately permit
evaluation and verification of any or all of the following:
a) Compliance with Contract
b) Compliance with Municipality’s code of ethics
c) Compliance with Contract provisions regarding the pricing of Change Orders
d) Accuracy of Contractor representations regarding the pricing of invoices
e) Accuracy of Contractor representations related to claims submitted by Contractor
including Subcontractors, or any of its other payees.
In addition to the normal documentation Contractor typically furnishes to Municipality, in order
to facilitate efficient use of Municipality resources when reviewing or auditing Contractor’s
billings and related reimbursable cost records, Contractor agrees to furnish (upon request) the
following types of information in the specified computer readable file format(s):
Type of Record File format
Monthly Job Cost Detail .pdf and Excel
Detailed Job Cost History to Date .pdf and Excel
Monthly Labor Distribution detail (if not already separately detailed in the
Job Cost Detail) .pdf and Excel
Total Job to Date Labor Distribution detail (if not already included in
the detailed Job Cost History to date) .pdf and Excel
Employee Timesheets documenting time worked by all individuals
who charge reimbursable time to the project .pdf
Daily Foreman Reports listing names and hours and tasks of personnel
who worked on the project .pdf
Daily Superintendent Reports .pdf
Detailed Subcontract Status Reports (showing original subcontract
value, approved subcontract change orders, Subcontractor invoices,
payment to Subcontractors, etc.
.pdf and Excel
Copies of Executed Subcontracts with all Subcontractors .pdf
Copies of all executed Change Orders issued to Subcontractors .pdf
Copies of all documentation supporting all reimbursable job costs
(Subcontractor payment applications, vendor invoices, internal cost
charges, etc.)
.pdf
.
17.4 Any incomplete or incorrect entry in such books, records, and accounts shall be a basis
for Municipality’s disallowance and recovery of any payment reliant upon such entry.
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17.5 If an audit inspection or examination reveals overpricing or overcharges to Municipality
of any nature by Contractor or its Subcontractors in excess of five percent (5%) of the total
contract billings reviewed, in addition to adjusting for the overcharges, Contractor shall pay the
reasonable cost of the audit. Any adjustments or payments due as a result of any such audit or
inspection shall be made within thirty (30) days after presentation of the audit findings to
Contractor.
17.6 Contractor shall, by written contract, require all Subcontractors to agree to the
requirements and obligations of this Article 17.
ARTICLE 18 RIGHTS OF VARIOUS INTERESTS
Whenever work being done by Municipality’s forces or by other contractors is contiguous to or
within the limits of Work covered by this Contract, the respective rights of the various interests
involved shall be established by the Contract Administrator to secure the completion of the
various portions of the Work in general harmony.
ARTICLE 19 EXPLOSIVES
When the use of explosives is necessary in performance of the Work, Contractor shall exercise
the utmost care in the handling and usage of such explosives for the protection of life and
property. All explosives shall be stored in a safe manner in storage clearly marked “Dangerous-
Explosives,” and shall be placed in the care of competent watchmen. When the use of explosives
becomes necessary, Contractor shall furnish to Municipality proof of insurance coverage,
adequately providing public liability and property damage insurance as a rider attached to its
regular policies, unless otherwise included in the policies themselves.
ARTICLE 20 DIFFERING SITE CONDITIONS
If during the course of the Work Contractor encounters (1) subsurface or concealed conditions
at the Project site that differ materially from those shown in the Contract Documents and from
those ordinarily encountered and generally recognized as inherent in work of the character called
for in this Contract; or (2) unknown physical conditions of the Project site, of an unusual nature,
which differ materially from that ordinarily encountered and generally recognized as inherent in
work of the character called for in this Contract, then Contractor, without disturbing the
conditions and before performing any Work affected by such conditions, shall, within twenty-
four (24) hours of their discovery, notify Contract Administrator and Consultant in writing of the
existence of the aforesaid conditions. Consultant and Contract Administrator shall, within two
(2) business days after receipt of Contractor’s written notice, investigate the site conditions
identified by Contractor. If, in the sole opinion of Contract Administrator, the conditions do
materially so differ and cause an increase or decrease in Contractor’s cost of, or the time required
for, the performance of any part of the Work, whether or not charged as a result of the
conditions, Contract Administrator may recommend an equitable adjustment to the Contract
Price, or the Contract Time, or both. If Contract Administrator and Contractor cannot agree on
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an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to
Consultant for determination in accordance with the provisions of Article 12. No request by
Contractor for an equitable adjustment to this Contract under this provision shall be allowed
unless Contractor has given written notice to Contract Administrator in strict accordance with
the provisions of this article. No request for an equitable adjustment or change to the Contract
Price or Contract Time for differing site conditions shall be allowed if made after the date
certified by Contract Administrator as the date of Substantial Completion.
ARTICLE 21 PLANS AND WORKING DRAWINGS
Municipality, through Consultant, shall have the right to modify the details of the plans and
specifications and to supplement the plans and specifications with additional plans, drawings, or
additional information as the Work proceeds, all of which shall be considered as part of this
Contract. In case of disagreement between the written and graphic portions of this Contract, the
written portion shall govern.
ARTICLE 22 CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA
Contractor shall verify all dimensions, quantities, and details shown on the plans, specifications
or other data received from Consultant, and shall notify Consultant of all errors, omissions, or
discrepancies found therein within three (3) days after discovery. Contractor will not be allowed
to take advantage of any error, omission, or discrepancy to stop or delay Work, because
Consultant will advise Contractor how to proceed to avoid stoppage or delay of Work. Contractor
shall not be liable for damages resulting from errors, omissions, or discrepancies in this Contract
unless Contractor recognized such error, omission, or discrepancy, and failed to report it to
Consultant.
ARTICLE 23 CONTRACTOR’S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS
23.1. Contractor shall accept full responsibility for the Work against all loss or damage of
whatsoever nature sustained until final acceptance by Municipality, and shall promptly repair any
damage done from any cause whatsoever, except as provided in Article 30.
23.2. Contractor shall be responsible for all Materials, equipment and supplies pertaining to
the Project. If any such Materials, equipment or supplies are lost, stolen, damaged, or destroyed
prior to final acceptance by Municipality, Contractor shall replace same without cost to
Municipality, except as provided in Article 30.
ARTICLE 24 WARRANTY
Contractor warrants to Municipality that all Materials and equipment furnished under this
Contract will be new unless otherwise specified and that all of the Work will be of good quality,
free from faults and defects, and in conformance with this Contract. All Work not conforming to
these requirements, including substitutions not properly approved and authorized, may be
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considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as
to the kind and quality of Materials and equipment. This warranty is not limited by the provisions
of Article 26 herein.
ARTICLE 25 SUPPLEMENTARY DRAWINGS
25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done
more fully, or to illustrate the Work further, or to show any changes that may be required,
supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant.
25.2. The supplementary drawings shall be binding upon Contractor with the same force as this
Contract. Where such supplementary drawings require either less or more than the original
quantities of Work, appropriate adjustments shall be made by Change Order.
ARTICLE 26 DEFECTIVE WORK
26.1. Consultant has the authority to reject or disapprove Work that Consultant finds to be
defective. If required by Consultant, Contractor shall promptly either correct all defective Work
or remove such defective Work and replace it with non-defective Work. Contractor shall bear all
direct, indirect, and consequential costs of such removal or corrections including cost of testing
laboratories and personnel.
26.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of this Contract within the time indicated
in writing by Consultant, Municipality shall have the authority to cause the defective Work to be
removed or corrected, or make such repairs as may be necessary, at Contractor’s expense. Any
expense incurred by Municipality in making such removals, corrections, or repairs, shall, at
Municipality’s election, be paid for out of any monies due or which may become due to
Contractor or charged against the Performance Bond. In the event of failure of Contractor to
make all necessary repairs promptly and fully, Municipality may declare Contractor in default.
26.3. If, within one (1) year after Substantial Completion or such longer period of time as may
be prescribed by the terms of any applicable special warranty required by this Contract, or by any
specific provision of this Contract, any of the Work is found to be defective or not in accordance
with this Contract, Contractor, after receipt of written notice from Municipality, shall promptly
correct such defective or nonconforming Work within the time specified by Municipality, without
cost to Municipality. Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation that Contractor might have under this Contract,
including, but not limited to, Article 24 hereof and any claim regarding latent defects.
26.4. Failure to reject any defective Work or material shall not in any way prevent later
rejection when such defect is discovered, nor shall such failure obligate Municipality to final
acceptance.
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ARTICLE 27 TAXES
Contractor shall pay all applicable sales, consumer, use, and other taxes required by Applicable
Law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all their requirements.
ARTICLE 28 SUBCONTRACTS
28.1. Each Subcontractor must possess certificates of competency and licenses required by
Applicable Law. Contractor shall notify the Contract Administrator and Consultant of any change
in Subcontractors.
28.2. Contractor shall not employ any Subcontractor against whom Municipality or Consultant
may have an objection. Contractor shall not be required to employ any Subcontractor against
whom Contractor has a reasonable objection.
28.3. Contractor shall be fully responsible for all acts and omissions of its Subcontractors,
persons directly or indirectly employed by its Subcontractors, and persons for whose acts any of
its Subcontractors may be liable to the same extent that Contractor is responsible for the acts
and omissions of persons directly employed by it. Nothing in this Contract shall create any
contractual relationship between any Subcontractor and Municipality or any obligation on the
part of Municipality to pay or to see the payment of any monies due any Subcontractor.
Municipality or Consultant may furnish to any Subcontractor evidence of amounts paid to
Contractor on account of specific Work performed.
28.4. Contractor shall bind specifically every Subcontractor to the applicable terms and
conditions of this Contract for the benefit of Municipality.
28.5. X Contractor shall perform the Work with its own organization, amounting to not less
than twenty-five percent (25%) of the Contract Price.
ARTICLE 29 SEPARATE CONTRACTS
29.1. Municipality has the right to enter into contracts with other parties in connection with
this Project. Contractor shall afford such other parties reasonable opportunity for the
introduction and storage of their materials and the execution of their work, and shall properly
connect and coordinate this Work with theirs.
29.2. If any part of Contractor’s Work depends for proper execution or results on the work of
any third parties, Contractor shall inspect and promptly report to Consultant any defects in such
work that render it unsuitable for such proper execution and results of Contractor’s Work.
Contractor’s failure to so inspect and report shall constitute an acceptance of the third party’s
work as fit and proper for the performance of Contractor’s Work, except as to defects which may
develop in the third parties’ work after the execution of Contractor’s Work.
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29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to not interfere with or impact any other contractor on the site.
Should such interference or impact occur, Contractor shall indemnify Municipality from any
liability to the affected contractor related to such interference or impact.
29.4. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work
already in place and shall immediately report to Consultant any discrepancy between the
executed Work and the requirements of this Contract.
ARTICLE 30 USE OF COMPLETED PORTIONS
30.1. Municipality has the right at its sole option to take possession of and use any completed
or partially completed portions of the Project (“Designated Area”). Such possession and use shall
not be deemed an acceptance of any of the Work not completed in accordance with this Contract.
If such possession and use increase the cost of or delays the Work, Contractor shall be entitled
to reasonable extra compensation or reasonable extension of time or both, as recommended by
Consultant and approved by Municipality.
30.2. If Municipality decides to take possession of any completed or partially completed
portions of the Project, the following shall occur:
30.2.1. Municipality shall give notice to Contractor in writing at least thirty (30) days prior
to Municipality’s intended occupancy of a Designated Area.
30.2.2. Contractor shall complete to the point of Substantial Completion the Designated
Area and request inspection and issuance of a Certificate of Substantial Completion
(007600-1) from Consultant.
30.2.3. Upon Consultant’s issuance of a Certificate of Substantial Completion for the
Designated Area, Municipality will assume full responsibility for maintenance, utilities,
subsequent damages of Municipality and public, adjustment of insurance coverages, and
start of warranty for the Designated Area.
30.2.4. Contractor shall complete all items noted on the Certificate of Substantial
Completion within the time specified by Consultant on the Certificate of Substantial
Completion, and request final inspection and final acceptance of the portion of the Work
occupied. Upon completion of final inspection and receipt of an application for final
payment, Consultant shall issue a Final Certificate of Payment relative to the Designated
Area.
30.2.5. If Municipality decides to occupy or use a portion or portions of the Work prior to
Substantial Completion thereof, such occupancy or use shall not commence prior to a
time mutually agreed upon by Municipality and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused portion or
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portions shall not be canceled or lapsed on account of such partial occupancy or use.
Consent of Contractor and of the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
ARTICLE 31 LANDS OF WORK
31.1. Municipality shall provide, as may be indicated in this Contract, the lands upon which the
Work is to be performed, rights-of-way and easements for access thereto, and such other lands
as are designated by Municipality for the use of Contractor.
31.2. Contractor shall obtain, at Contractor’s own expense and without liability to Municipality,
any additional rights to land and access thereto that may be required for temporary construction
facilities, temporary easements, or for storage of materials. Contractor shall furnish to
Municipality copies of written permission obtained by Contractor from the owners of such land.
ARTICLE 32 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
Contractor shall conform to and obey all Applicable Law with regard to labor, hours of work, and
Contractor’s operations. Contractor shall conduct its operations so as not to close any
thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the
written consent of the proper authorities.
ARTICLE 33 LOCATION AND DAMAGE TO EXISTING FACILITIES, EQUIPMENT, OR UTILITIES
33.1. Utility lines in the Project area have been shown on the Plans. However, Municipality
does not represent or warrant that all lines are shown, or that the ones indicated are in their true
location. Contractor must identify and locate all underground and overhead utility lines or
equipment affecting or affected by the Project. Contractor will not be entitled to any additional
payment due to discrepancies between actual location of utilities and Plan location of utilities.
33.2. Contractor shall notify each utility company with facilities in the Project site, at least thirty
(30) days prior to the start of construction, to arrange for positive underground location,
relocation, or support of its utility where that utility may be in conflict with or endangered by the
Work. The cost of relocation of water mains or other utilities for the convenience of Contractor
shall be paid by Contractor. All charges by utility companies for temporary support of its utilities
shall be paid for by Contractor. All costs of permanent utility relocation to avoid conflict shall be
the responsibility of the utility company involved. Contractor will not be entitled to any
additional payment or extension of time for utility relocations, regardless of reason for
relocation.
33.3. Contractor shall schedule the Work in such a manner that the Work is not delayed by the
utility providers relocating or supporting their utilities. Contractor shall coordinate its activities
with any and all public and private utility providers occupying the right-of-way. Contractor will
not be entitled to any additional compensation or extension of time for any delay associated with
utility relocation or support.
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33.4. Contractor shall protect all overhead, surface, or underground structures and utilities
from damage or displacement. Contractor will promptly and completely repair all damage to
such structures within a reasonable timewithin the ROW. All damaged utilities must be replaced
or fully repaired to the satisfaction of the utility owner. All repairs are to be inspected by the
utility owner prior to backfilling. Municipality reserves the right to remedy such damage by
making such repairs or causing such repairs to be made at the expense of Contractor.
Municipality’s expense in causing such repairs shall be deducted from Contractor’s next
Application for Payment.
ARTICLE 34 VALUE ENGINEERING
Contractor may request substitution of Materials, articles, pieces of equipment, or any changes
that reduce the Contract Price by making such request to Consultant in writing. Consultant will
be the sole judge of the acceptability of any proposed substitute, and no substitute will be
ordered, installed, used, or initiated without Consultant’s prior written acceptance by a Change
Order or an approved shop drawing. In no event will any substitution accepted by Consultant
result in an increase in the Contract Price or Contract Time. By making a request for substitution,
Contractor agrees to pay directly to Consultant all Consultant’s fees and charges related to
Consultant’s review of the request for substitution, regardless of whether the request for
substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the
form, fit, function, and life cycle criteria of the item proposed to be replaced, and there must be
a reduction in Contract Price including Consultant review fees and charges. Unless otherwise
indicated in the relevant Change Order, a substitution is approved, the net dollar savings shall be
shared equally between Contractor and Municipality and processed as a deductive Change Order.
Municipality may require Contractor to furnish, at Contractor’s expense, a special performance
guarantee or other surety with respect to any substitute approved after award of this Contract.
ARTICLE 35 PAYMENT BY MUNICIPALITY FOR TESTS
Except when otherwise specified in the Contract Documents, the expense of all tests shall be
borne by Municipality and be performed by a testing firm selected by Municipality. Contractor
shall reimburse Municipality the costs of any required test in which the tested Work fails. For
road construction projects, the procedure for making tests required by Municipality will be in
conformance with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction.
ARTICLE 36 CHANGE IN THE WORK OR TERMS OF CONTRACT
36.1. Without invalidating this Contract and without notice to any surety, Municipality has the
right to make such increases, decreases, or other changes in the character or quantity of the
Work as may be considered necessary or desirable by Municipality to fully and acceptably
complete the proposed Work in a satisfactory manner. Any extra or additional Work within the
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scope of this Project must be accomplished by means of appropriate Field Orders and
Supplemental Instructions or Change Orders.
36.2. Any changes to the terms of this Contract must be contained in a written document,
executed by the Parties hereto, with the same formality and of equal dignity as this Contract prior
to the initiation of any Work described in such change. This section shall not prohibit the issuance
of Change Orders executed only by Municipality, as provided in this Contract.
ARTICLE 37 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue
Field Orders setting forth written interpretations of the intent of this Contract and ordering minor
changes in the Work. Field Orders may not change the Contract Price or the Contract Time.
37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting
forth written orders, instructions, or interpretations concerning the Contract Documents or
performance of the Work. Supplemental Instructions may not change the Contract Price or the
Contract Time.
ARTICLE 38 CHANGE ORDERS
38.1. Changes in the quantity or character of the Work within the scope of the Project that
cannot be accomplished by means of Field Orders or Supplemental Instructions, including all
changes resulting in changes to the Contract Price or the Contract Time, shall be authorized only
by Change Orders approved in advance and issued in accordance with the provisions of the
Municipality’s Procurement Code, as amended from time to time.
38.2. Contractor shall not start work on any changes requiring an increase in the Contract Price
or the Contract Time until a Change Order setting forth the adjustments is approved by
Municipality. Upon receipt of a Change Order, Contractor shall promptly proceed with the Work
set forth in the Change Order.
38.3. If satisfactory adjustment cannot be reached for any item requiring a change in the
Contract Price or Contract Time, and a Change Order has not been issued, Municipality may, at
its sole option, either terminate this Contract as it applies to the items in question and make such
arrangements as Municipality deems necessary to complete the work associated with the
disputed item or submit the matter in dispute to Consultant as set forth in Article 12.
38.4. Under circumstances determined necessary by Municipality, Change Orders may be
issued unilaterally by Municipality. During the pendency of the dispute, and upon receipt of a
Change Order from Municipality, Contractor shall promptly proceed with the change in the Work
involved and advise Consultant and Contract Administrator in writing within seven (7) days after
receipt of the Change Order of Contractor’s agreement or disagreement with the method, if any,
provided in the Change Order for determining the proposed adjustment in the Contract Price or
Contract Time.
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38.5. On approval of any Contract change increasing the Contract Price, Contractor shall
promptly ensure that the performance bond and payment bond are increased so that each
reflects the total Contract Price as increased. Contractor will promptly provide Municipality such
updated bonds.
ARTICLE 39 VALUE OF CHANGE ORDER WORK
39.1. The value of any Work covered by a Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways:
39.1.1 If the Work involved is covered by unit prices contained in this Contract, by
application of unit prices to the quantities of items involved, subject to the provisions of
Section 39.7.
39.1.2 By mutual acceptance of a lump sum, which sum Contractor and Municipality
acknowledge contains a component for overhead and profit.
39.1.3 On the basis of the “Cost of Work,” determined as provided in Sections 39.2 and
39.3, plus a Contractor’s fee for overhead and profit as determined in Section 39.4.
39.2. The term “Cost of Work” means the sum of all direct costs necessarily incurred and paid
by Contractor (or, if applicable, Subcontractor) in the proper performance of the Work described
in the Change Order. Except as otherwise may be agreed to in writing by Municipality, such costs
shall be in amounts no higher than those prevailing in the locality of the Project; shall include
only the following items; and shall not include any of the costs itemized in Section 39.3.
39.2.1 Payroll costs for employees in the direct employ of Contractor in the performance
of the Work described in the Change Order under schedules of job classifications agreed
upon by Municipality and Contractor. Payroll costs for employees not employed full time
on the Work covered by the Change Order shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages
plus the cost of fringe benefits, which shall include social security contributions,
unemployment, excise and payroll taxes, workers’ compensation, health and retirement
benefits, bonuses, sick leave, vacation, and holiday pay application thereto. Such
employees shall include field and home office personnel directly employed for this
project, superintendents and foremen at the site. The expenses of performing the Work
after regular working hours, on Sunday or legal holidays, shall be included in the above to
the extent authorized in advance by Municipality.
39.2.2 Cost of all materials and equipment furnished and incorporated in the Work,
including costs of transportation and storage thereof, and manufacturers’ field services
required in connection therewith. All cash discounts shall accrue to Contractor unless
Municipality deposits funds with Contractor to make payments, in which case the cash
discounts shall accrue to Municipality. All trade discounts, rebates and refunds, and all
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returns from sale of surplus materials and equipment shall accrue to Municipality, and
Contractor shall make provisions so that they may be obtained. Rentals of all construction
equipment and machinery, and the parts thereof, whether rented by Contractor, in
accordance with rental agreements approved by Municipality with the advice of
Consultant, and the costs of transportation, loading, unloading, installation, dismantling
and removal thereof, all in accordance with the terms of said agreements. Municipality
will not be responsible for the cost of the rental of any such equipment, machinery, or
parts when the use thereof is no longer necessary for the Work.
39.2.3 If required by Municipality, Contractor shall obtain competitive bids from
Subcontractors acceptable to Contractor, and shall deliver such bids to Municipality who
will then determine, with the advice of Consultant, which bids will be accepted. If the
subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work
plus a fee, the Subcontractor’s Cost of Work shall be determined in the same manner as
Contractor’s Cost of Work. All Subcontractors shall be subject to the other provisions of
this Contract insofar as applicable.
39.2.4 Cost of special consultants, including, but not limited to, engineers, architects,
testing laboratories, and surveyors employed for services specifically related to the
performance of the work described in the Change Order.
39.2.5 Supplemental costs including the following:
39.2.5.1 All materials, supplies, equipment, machinery, appliances, office and
temporary facilities, including transportation and maintenance thereof, at the site
and hand tools not owned by the workers used in the performance of the Work,
less market value of such items used but not consumed, and which items remain
the property of Contractor.
39.2.5.2 Sales, use, or similar taxes related to the Work, imposed by any
governmental authority, for which Contractor is liable.
39.2.5.3 The cost of utilities, fuel, and sanitary facilities at the site.
39.2.5.4 Cost of premiums for additional bonds and insurance required because
of changes in the Work.
39.3 The term “Cost of Work” shall not include any of the following:
39.3.1 Payroll costs and other compensation of Contractor’s officers, executives,
principals (of partnership and sole proprietorships), general managers, engineers,
architects, , lawyers, auditors, accountants, expediters, timekeepers, clerks and other
personnel employed by Contractor whether at its principal or a branch office, for general
administration of the Work that are not specifically included in the agreed-upon schedule
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of job classifications referred to in subsection 39.2.1, all of which payroll costs and other
compensation are to be considered administrative costs covered by Contractor’s fee.
39.3.2 Expenses of Contractor’s principal and branch offices other than Contractor’s field
office at the Project site.
39.3.3 Any part of Contractor’s capital expenses, including but not limited to interest on
Contractor’s capital employed for the Work as well as charges against Contractor for
delinquent payments.
39.3.4 Costs due to the negligence or neglect of Contractor, any Subcontractors, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, including but not limited to, the correction of defective Work, disposal of
materials or equipment wrongly supplied, and repairing or remedying any damage to
property.
39.3.5 Other overhead or general expense costs of any kind.
39.4 Contractor’s fee for overhead and profit shall be determined as follows:
39.4.1 A mutually acceptable fixed fee, or if no fixed fee can be agreed upon;
39.4.2 A fee based on the following percentages of the various portions of the cost of the
Work:
39.4.2.1 For costs incurred under subsections 39.2.1 and 39.2.2, Contractor’s
fee shall not exceed ten percent.15%
39.4.2.2 For costs incurred under subsection 39.2.3, Contractor’s fee shall not
exceed seven and one-half percent (7.5%); and if a subcontract is on the basis of
cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten percent (10%); and
39.5 The amount of credit to Municipality for any change that results in a net decrease in cost
will be the amount of the actual net decrease. When both additions and credits are involved in
any one change, the combined overhead and profit shall be figured on the basis of the net
increase, if any. Contractor shall not be entitled to claim lost profits for any Work not performed.
39.6 Whenever the cost of any Work is to be determined pursuant to Sections 39.2 and 39.3,
Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together
with the supporting data.
39.7 If the quantity of any item of the Work covered by a unit price is increased or decreased
by more than twenty percent (20%) from the quantity of such Work indicated in this Contract, an
appropriate Change Order shall be issued to adjust the unit price, if warranted.
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39.8 Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial
cost estimate acceptable to Consultant and Contract Administrator.
39.8.1 Such cost estimate shall include a breakdown listing the quantities and unit prices
for materials, labor, equipment, and other items of cost.
39.8.2 Whenever a change involves Contractor and one or more Subcontractors and the
change is an increase in the Contract Price, overhead and profit percentage for Contractor
and each Subcontractor shall be itemized separately.
39.9 Each Change Order must state within the body of the Change Order whether it is based
upon unit price, negotiated lump sum, or “Cost of Work.”
ARTICLE 40 NOTIFICATION AND CLAIM FOR CHANGE OF
CONTRACT TIME OR CONTRACT PRICE
40.1 Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Contractor to the Contract Administrator and to Consultant within five (5) days of the
commencement of the event giving rise to the claim or Contractor’s knowledge of the claim, and
the notice shall state the general nature and cause of the claim. Thereafter, within twenty (20)
days after the termination of the event giving rise to the claim or Contractor’s knowledge of the
claim, Contractor shall submit written notice of the extent of the claim with supporting
information and documentation to the Contract Administrator and Consultant (hereinafter
“Claim Notice”). The Claim Notice shall include Contractor’s written notarized certification that
the adjustment claimed is the entire adjustment to which Contractor has reason to believe it is
entitled as a result of the occurrence the event giving rise to the claim. If the Contract
Administrator and Contractor cannot resolve a claim for changes in the Contract Time or Contract
Price within twenty (20) days after receipt of the Claim Notice by the Contract Administrator and
Consultant, then Contractor shall submit the claim to Consultant within five (5) days after the
date of impasse in accordance with Article 12 hereof. IT IS EXPRESSLY AND SPECIFICALLY
AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT
PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE
REQUIREMENTS OF THIS SECTION.
40.2 The Contract Time will be extended in an amount equal to time lost on critical Work items
due to delays beyond the control of and through no fault or negligence of Contractor if a claim
for an extension is made in accordance with Section 40.1. Such delays shall include, but not be
limited to, acts, omissions, or neglect by any separate contractor employed by Municipality, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of God.
ARTICLE 41 NO DAMAGES FOR DELAY
No claim for damages or any claim, other than for an extension of time, shall be made or asserted
against Municipality by reason of any delays except as provided and as detailed under Article 39
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above. Contractor shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from Municipality for direct, indirect, consequential, impact or other
costs, expenses or damages, including but not limited to costs of acceleration or inefficiency,
arising from 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. Contractor shall be entitled only to extensions of
the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with
and to the extent specifically provided above; provided, however, that this provision shall not
preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith, or
active interference on the part of Municipality or its Consultant.
ARTICLE 42 EXCUSABLE DELAY; COMPENSABLE; NON-COMPENSABLE
42.1 Excusable Delay. Delay that extends the completion of the Work and that is caused by
circumstances beyond the control of Contractor or its Subcontractors, suppliers, or vendors are
Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the
Work is delayed due to Excusable Delay. Contractor shall document its claim for any time
extension as provided in Article 40 hereof. Failure of Contractor to comply with Article 40 hereof
as to any particular event of delay shall be deemed conclusively to constitute a waiver,
abandonment, or relinquishment of any and all claims resulting from that particular event of
delay. Excusable Delay may be compensable or non-compensable, as provided below.
42.1.1 Compensable Excusable Delay. Excusable Delay is compensable when (a) the
delay extends the Contract Time; (b) is caused by circumstances beyond the control of
Contractor or its Subcontractors, suppliers, or vendor; and (c) is caused solely by fraud,
bad faith, or active interference on the part of Municipality or its agents. In no event shall
Contractor be compensated for interim delays that do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay.
Direct costs recoverable by Contractor shall be limited to the actual additional costs
allowed pursuant to Article 39 hereof.
Municipality and Contractor recognize and agree that the amount of Contractor’s precise
actual indirect costs for delay in the performance and completion of the Work is
impossible to determine as of the date of execution of this Contract, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by Contractor shall
be liquidated on a daily basis for each day the Contract Time is delayed due to a
Compensable Excusable Delay. These liquidated indirect costs shall be paid to
compensate Contractor for all indirect costs caused by a Compensable Excusable Delay,
and shall include, but not be limited to, lost profits, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss
of opportunity and all other indirect costs incurred by Contractor. The amount of
liquidated indirect costs recoverable shall be Five Hundred Dollars ($500.00) per day for
each day this Contract is delayed due to a Compensable Excusable Delay.
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42.1.2 Non-Compensable Excusable Delay. When Excusable Delay is (a) caused by
circumstances beyond the control of Contractor, its Subcontractors, suppliers, and
vendors; (b) caused by circumstances beyond the control of Municipality or Consultant;
or (c) caused jointly or concurrently by Contractor or its Subcontractors, suppliers, or
vendors and by Municipality or Consultant, then Contractor shall be entitled only to a
time extension and no further compensation for the delay.
ARTICLE 43 SUBSTANTIAL COMPLETION
When Contractor determines in good faith that the Work, or a portion thereof designated by
Municipality pursuant to Article 30 hereof, has reached Substantial Completion, Contractor shall
so notify the Contract Administrator and Consultant in writing. Consultant and the Contract
Administrator shall then promptly inspect the Work. When Consultant, on the basis of such an
inspection, determines that the Work or designated portion thereof is substantially complete, it
will then prepare a Certificate of Substantial Completion (Form 10). The Contract Administrator
shall affix its determination to the Certificate of Substantial Completion, which shall establish the
Date of Substantial Completion. The Certificate of Substantial Completion shall state the
responsibilities of Municipality and Contractor for security, maintenance, heat, utilities, damage
to the Work, and insurance.
The estimated cost of the Project is as follows (select one):
less than $10,000,000. Within thirty (30) calendar days after the issuance of
the Certificate of Substantial Completion, Consultant and the Contract
Administrator shall develop and Contractor shall review the Punch List.
x equal to or greater than $10,000,000. Within forty-five (45) calendar days
after the issuance of the Certificate of Substantial Completion, Consultant and the
Contract Administrator shall develop and Contractor shall review the Punch List.
The Punch List shall describe all Work yet to be completed by Contractor, including the estimated
cost to complete each item of Work on the Punch List, to satisfy the requirements of this Contract
for Final Completion and to make the Work satisfactory and acceptable. The Punch List shall be
provided to Contractor within five (5) days after final development and review. If the final Punch
List is not provided within the stated five (5) days, the Contract Time for completion shall be
extended by the number of days exceeding the five (5) days. The failure to include any items of
corrective Work or remaining Work on such Punch List does not alter the responsibility of
Contractor to complete all Work in accordance with this Contract. Warranties required by this
Contract shall commence on the date of Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial Completion. The
Certificate of Substantial Completion shall be submitted to the Contract Administrator and
Contractor for their written acceptance of the responsibilities assigned to them in the Certificate
of Substantial Completion.
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The process for developing the estimated cost of each item of Work on the Punch List shall use
the following methodology or methodologies (select all that apply):
Direct costs
X Prorated value of outstanding Work based on Contractor’s original Schedule
of Values
X Unit prices provided in the bid
Labor costs per hour
Per square foot of site area
Per assembly
Historical and current prices for similar work
Industry cost database(s)
Other: __________________________.
ARTICLE 44 NO INTEREST
44.1 Unless prohibited by Applicable Law, Municipality shall not be liable to pay any interest
to Contractor for any reason, whether as prejudgment interest or for any other purpose, and
Contractor waives, rejects, disclaims and surrenders any and all entitlement to interest in
connection with a dispute or claim arising from, related to, or in connection with this Contract.
44.2 If the preceding section is inapplicable or is determined to be invalid or unenforceable by
a court of competent jurisdiction, the annual rate of interest payable by Municipality under this
Contract, whether as prejudgment interest or for any other purpose, shall be, to the full extent
permissible under Applicable Law.
ARTICLE 45 SHOP DRAWINGS
45.1 Contractor shall submit shop drawings as required by the Technical Specifications. The
purpose of the shop drawings is to show the suitability, efficiency, technique of manufacture,
installation requirements, details of the item, and evidence of its compliance or noncompliance
with this Contract.
45.2 Within thirty (30) days after the Project Initiation Date specified in the Notice to Proceed,
Contractor shall submit to Consultant a complete list of preliminary data on items for which shop
drawings are to be submitted and shall identify the critical items. Approval of this list by
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Consultant shall in no way relieve Contractor from submitting complete shop drawings and
providing all materials and equipment in accordance with this Contract. This procedure is
required in order to expedite final approval of shop drawings.
45.3 After the approval of the list of items required in Section 45.2 above, Contractor shall
promptly request shop drawings from the various manufacturers, fabricators, and suppliers.
45.4 Contractor shall thoroughly review and check the shop drawings, and shall approve each
and every copy by initialing same, and shall transit a letter of approval to Consultant and
Municipality.
45.5 If the shop drawings show or indicate departures from the Contract requirements,
Contractor shall specify such departures and make specific mention thereof in its letter of
transmittal to Consultant and Municipality. Failure to point out such departures shall not relieve
Contractor from its responsibility to comply with this Contract.
45.6 Consultant shall review and approve shop drawings within twenty-one (21) days after the
date received, unless said shop drawings are rejected by Consultant for material reasons.
Consultant’s approval of shop drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such shop drawings, nor for the proper fitting and construction
of the Work, nor for the furnishing of materials or Work required by this Contract but not
indicated on the shop drawings. No Work called for by Shop Drawings shall be performed until
the said shop drawings have been approved by Consultant. Approval by Consultant shall not
relieve Contractor from responsibility for errors or omissions of any sort on the shop drawings.
45.7 No approval will be given to partial submittals of shop drawings for items that
interconnect or are interdependent where necessary to properly evaluate the design. It is
Contractor’s responsibility to assemble the shop drawings for all such interconnecting or
interdependent items, check such items, and then make one submittal to Consultant along with
Contractor’s comments as to compliance, noncompliance, or features requiring special attention.
45.8 If catalog sheets or prints of manufacturers’ standard drawings are submitted as shop
drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
45.9 Contractor shall submit the number of copies of shop drawings required by Consultant.
Resubmissions of shop drawings shall be made in the same quantity until final approval is
obtained.
45.10 Contractor shall keep one set of shop drawings marked with Consultant’s approval at the
job site at all times.
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ARTICLE 46 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
46.1 The entire responsibility for establishing and maintaining line and grade in the field lies
with Contractor. Contractor shall maintain an accurate and precise record of the location and
elevation of all pipelines, conduits, structures, maintenance access structures, handholes, fittings
and the like, and shall prepare record or “as-built” drawings of the same, which must be sealed
by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as
the Work is completed. The cost of all such field layout and recording work is included in the bid
prices for the appropriate items. All record drawings shall be made on reproducible paper and
shall be delivered to Consultant prior to, and as a condition of, final payment.
46.2 Contractor shall maintain in a safe place at the Project site one record copy of all
Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and
written interpretations and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved samples and a
counterpart of all approved shop drawings shall be available at all times to Consultant for
reference. Upon Final Completion of the Project and prior to Final Payment, these record
documents, samples, and shop drawings shall be delivered to the Contract Administrator.
46.3 Prior to, and as a condition precedent to Final Payment, Contractor shall submit to
Municipality Contractor’s record drawings or as-built drawings acceptable to Consultant.
ARTICLE 47 SAFETY AND PROTECTION
47.1 Contractor shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Project. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury, or loss to:
47.1.1 All employees on the work site and other persons who may be affected thereby;
47.1.2 All the Work and all materials or equipment to be incorporated therein, whether
in storage on or off the Project site; and
47.1.3 Other property at the Project site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, and utilities not designated for removal,
relocation, or replacement in the course of construction.
47.2 Contractor shall comply with all Applicable Law of any public body having jurisdiction for
the safety of persons or property or to protect person or property from damage, injury, or loss,
and Contractor shall erect and maintain all necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacent property and utilities when performance of the Work
may affect them. All damage, injury, or loss to any property referred to in subsections 47.1.2 and
47.1.3 above, caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor
or anyone directly or indirectly employed by any of them or anyone for whose acts any of them
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may be liable, shall be repaired or remedied by Contractor. Contractor’s duties and
responsibilities for the safety and protection of the Work shall continue until such time as all the
Work is completed and Consultant has issued a notice to Municipality and Contractor that the
Work is acceptable except as otherwise provided in Article 30.
47.3 Contractor shall designate a responsible member of its organization at the Project site
whose duty shall be the prevention of accidents. This person shall be Contractor’s
superintendent unless otherwise designated in writing by Contractor to Municipality.
ARTICLE 48 FINAL BILL OF MATERIALS
Contractor shall be required to submit to Municipality and Consultant a final bill of materials with
unit costs for each bid item for supply of materials installed. This shall be an itemized list of all
materials with a unit cost for each material, and the total cost shall be determined on the basis
of the unit costs established for each Contract item.
ARTICLE 49 PROJECT SIGN
Any requirements for a project sign shall be as set forth within the Technical Specifications
section.
ARTICLE 50 CLEANING UP; MUNICIPALITY’S RIGHT TO CLEAN UP
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of the Project, Contractor shall remove all
its waste materials and rubbish from and about the Project as well as its tools, construction
equipment, machinery, and surplus materials. If Contractor fails to clean up during the
performance of the Work or at the completion of the Work, Municipality may do so and the cost
thereof shall be charged to Contractor. If a dispute arises between Contractor and separate
contractors of Municipality as to their responsibility for cleaning up, Municipality may clean up
and charge the cost thereof to the contractors responsible as Consultant shall determine to be
appropriate and equitable.
ARTICLE 51 HURRICANE/FLOODING PRECAUTIONS
51.1 During such periods of time as are designated by the National Weather Services as being
a hurricane watch, excessive rain/flooding event or warning, Contractor, shall take all precautions
necessary to secure the Project limits (right of way) from any damage that may be caused by all
threatened storm events, regardless of whether Municipality or Consultant has given notice of
same.
51.2 Compliance with any specific hurricane watch or flood warning, precautions will not
constitute additional work, except as directed by the Municipality.
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51.3 Suspension of the Work caused by a threatened or actual storm, or flooding event,
regardless of whether Municipality has directed such suspension, will entitle Contractor to
additional Contract Time as non-compensable, excusable delay, and shall not give rise to a claim
for compensable delay.
ARTICLE 52 REMOVAL OF EQUIPMENT
In case of termination of this Contract before completion for any cause whatsoever, Contractor,
if notified to do so by Municipality, shall promptly remove any part or all of Contractor’s
equipment and supplies from the property of Municipality, failing which Municipality shall have
the right to remove such equipment and supplies at the expense of Contractor.
ARTICLE 53 DOMESTIC PARTNERSHIP REQUIREMENT
Unless this Contract is exempt from the provisions of the Broward County Domestic Partnership
Act, Section 16½-157, of the Code (“Act”), or will be paid with State-appropriated funds,
Contractor certifies and represents that it will at all times comply with the provisions of the Act,
and the contract language referenced in the Act is deemed incorporated in this Contract as
though fully set forth in this section. The failure of Contractor to comply shall be a material
breach of this Contract, entitling Municipality to pursue any and all remedies provided under
Applicable Law including, but not limited to (1) retaining all monies due or to become due
Contractor until Contractor complies; (2) termination of this Contract; and (3) suspension or
debarment of Contractor.
ARTICLE 54 EQUAL EMPLOYMENT OPPORTUNITY AND CBE/SBE COMPLIANCE
54.1 Contractor and Subcontractors shall not discriminate on the basis of race, color, sex,
religion, national origin, disability, age, marital status, political affiliation, sexual orientation,
pregnancy, or gender identity and expression in the performance of this Contract, except that
any project assisted by the U.S. Department of Transportation funds shall comply with the
nondiscrimination requirements in 49 C.F.R. Part 26. Contractor shall include the foregoing or
similar language in its contracts with any Subcontractors.
54.2
ARTICLE 55 PUBLIC RECORDS
Notwithstanding any other provision in this Contract, any action taken by Municipality in
compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119,
Florida Statutes, shall not constitute a breach of this Contract. If Contractor is acting on behalf of
Municipality as provided in Section 119.0701, Florida Statutes, Contractor shall:
55.1 Keep and maintain public records required by Municipality to perform the services
under this Contract;
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55.2 Upon request from Municipality, provide Municipality with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time
and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as
otherwise provided by Applicable Law;
55.3 Ensure that public records that are exempt or confidential and exempt from public
record requirements are not disclosed except as authorized by Applicable Law for the
duration of this Contract and after completion or termination of this Contract if the
records are not transferred to Municipality; and
55.4 Upon completion or termination of this Contract, transfer to Municipality, at no
cost, all public records in possession of Contractor or keep and maintain public records
required by Municipality to perform the services. If Contractor transfers the records to
Municipality, Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt. If Contractor keeps and maintains public records, Contractor
shall meet all requirements of Applicable Law for retaining public records. All records
stored electronically must be provided to Municipality upon request in a format that is
compatible with the information technology systems of Municipality.
The failure of Contractor to comply with the provisions of this article shall constitute a material
breach of this Contract entitling Municipality to exercise any remedy provided in this Contract or
under Applicable Law, all of such remedies being cumulative.
If Contractor receives a request for public records regarding this Contract or the Services,
Contractor must immediately notify the Contract Administrator in writing and provide all
requested records to Municipality to enable Municipality to timely respond to the public records
request. Municipality will respond to all such public records requests.
Contractor must separately submit and conspicuously label as “RESTRICTED MATERIAL – DO NOT
PRODUCE” any material (a) that Contractor contends constitutes or contains its trade secrets
under Chapter 688, Florida Statutes, or (b) for which Contractor asserts a right to withhold from
public disclosure as confidential or otherwise exempt from production under Florida public
records laws (including Chapter 119, Florida Statutes) (collectively, “Restricted Material”). In
addition, Contractor must, simultaneous with the submission of any Restricted Material, provide
a sworn declaration or affidavit in a form acceptable to Municipality from a person with personal
knowledge attesting that the Restricted Material constitutes trade secrets or is otherwise exempt
or confidential under Florida public records laws, including citing the applicable Florida statute
and specifying the factual basis for each such claim. Upon request by Municipality, Contractor
must promptly identify the specific applicable statutory section that protects any particular
document. If a third party submits a request to Municipality for records designated by Contractor
as Restricted Material, Municipality shall refrain from disclosing such material unless otherwise
ordered by a court of competent jurisdiction, authorized in writing by Contractor, or the claimed
exemption is waived. Any failure by Contractor to strictly comply with the requirements of this
section shall constitute Contractor’s waiver of Municipality’s obligation to treat the records as
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Restricted Material. Contractor must indemnify and hold harmless Municipality and its
employees and agents from any and all claims, causes of action, losses, fines, penalties, damages,
judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court
costs, relating to nondisclosure of Restricted Material in response to a third-party request.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF FLORIDA
STATUTES CHAPTER 119 TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT
City Clerk’s Office
100. W. Dania Beach Blvd.
Dania Beach, Florida 33004
Telephone (954) 924-6800 ext. 3624
Fax (954) 921-2604
eriera@daniabeachfl.gov
(The remainder of this page is intentionally left blank.)
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SUPPLEMENTAL GENERAL CONDITIONS
SUPPLEMENTAL WAGE REQUIREMENTS
1. Prevailing Wage Rate Ordinance - If the price of this Contract is in excess of
$250,000.00, the following sections shall apply.
1.1. The rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of work in a
like construction industry as determined by the Secretary of Labor and as the most recently
published in the Federal Register.
1.2. All mechanics, laborers, and apprentices, employed or working on the site of the
Work, shall be paid in accordance with the above referenced wage rates. Contractor shall post
this section of the Contract (Supplemental Wage Requirements) at the site of the Work in a
prominent place where it can be easily seen by the workers.
1.3. If the Parties cannot agree on the proper classification of a particular class of
laborers or mechanics or apprentices that will be used on the Work site, the Contract
Administrator shall submit the question, together with its recommendation, to the Municipality
Manager for final determination, which shall be binding.
1.4. If the Contract Administrator determines that any laborer or mechanic or
apprentice employed by Contractor or any Subcontractor on the site of the Work has been or is
being paid wages less than the rate of wages required by the Prevailing Wage Ordinance, Section
26-5 of the Broward County Code of Ordinances, as amended, the Contract Administrator may
(1) by written notice to Contractor direct Contractor to terminate the Work or such part of Work
for which there has been a failure to pay said required wages; and (2) contract with another party
to perform the Work or portion thereof to completion. Whereupon, Contractor and its Sureties
shall be liable to Municipality for any and all costs incurred by Municipality to complete such
Work to the extent such costs exceed any amounts that Contractor would be due for
performance of such Work.
1.5. Contractor shall maintain payrolls and basic records relating thereto during the
course of the Work and shall preserve such records for a period of three (3) years thereafter for
all laborers, mechanics, and apprentices working at the site of the Work. Such records shall
contain the name and address of each such employee; the employee’s current classification; rate
of pay (including rates of contributions for, or costs assumed to provide, fringe benefits); daily
and weekly number of hours worked; deductions made; and actual wages paid.
1.6. Contractor shall submit, with each application for payment, a signed and sworn
“Statement of Compliance” (Form 8A) attesting to compliance with the Prevailing Wage
Ordinance, Section 26-5 of the Broward County Code of Ordinances, as amended.
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1.7. The Contract Administrator may withhold or cause to be withheld from Contractor
so much of the payments requisitioned as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and guards employed by Contractor or any
Subcontractor on the Work, the full amount of wages required by this Contract.
1.8. If Contractor or any Subcontractor fails to pay any laborer, mechanic, or
apprentice employed or working on the site of the Work all or part of the wages required by this
Contract, the Contract Administrator may, after written notice to Contractor, take such action as
may be necessary to cause suspension of any further payments or advances until such violations
have ceased.
2. x Federal Grant Projects:
2.1. Because this Project will be funded, in whole or in part, by the United States
government through Federal Emergency Management Agency to as Hazard Mitigation Grant
Program No. 4337-494-R , all Federal assurances applicable to such funding, including any and
all supervening assurances set forth in Rules and Regulations published in Federal Register or
C.F.R., shall apply to this Contract.
2.2. Accordingly, all clauses, terms, or conditions required by federal grantor agency
with respect to the federal funding for this Project are hereby attached and made a part of this
Contract.
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FORM 1: PERFORMANCE BOND
Project Name: Southeast Drainage Retrofit Project, Phase II
Project Number: BY THIS BOND, We _______________________________________, as
Principal, hereinafter called Contractor, located at __________________________, with a phone
number of __________________, and _______________________________, as Surety, located
at ____________________, with a phone number of ________, under the assigned Bond
Number _____________________, are bound to the Municipality of ______, Florida
(“Municipality”), and Broward County, Florida, as dual Obligees (hereinafter jointly and severally
referred to as “Municipality/County”), in the amount of ____________________________
Dollars ($__________) for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement dated the _______ day of
__________________, 20____, entered into a Contract, Bid/Contract No.ITB 25-012, with
Municipality, the terms of which contract (including the Contract Documents, as those are
defined in the contract) are incorporated by reference herein and made a part hereof as the
“Contract,” which includes any and all provisions for liquidated damages, and other damages
identified.
THE CONDITION OF THIS BOND is that if Contractor:
1) Performs the Contract between Contractor and Municipality for construction of
Southeast Drainage Retrofit Project, Phase , in the time and manner prescribed in the
Contract; and
2) Pays Municipality/County all losses, liquidated damages, expenses, costs and attorneys’
fees including appellate proceedings, that Municipality/County sustains as a result of
default by Contractor under the Contract; and
3) Performs the guaranties of all Work (as defined in the Contract) and materials furnished
under the Contract for the time specified in the Contract, then THIS BOND IS VOID;
OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
Whenever Contractor shall be, and is declared by Municipality/County to be, in default under the
Contract with Municipality, having performed its obligations thereunder, the Surety may
promptly remedy the default, or shall promptly:
a) Complete the required performance in accordance with the terms and conditions of the
Contract Documents; or
b) Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the lowest
responsible Bidder, or, if Municipality/County elects, upon determination by
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Municipality/County and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and Municipality/County on the same terms and conditions as the Contract
Documents unless otherwise agreed by Municipality/County, and shall make available as Work
progresses sufficient funds to pay the cost of completion of the Work required by the Contract
in an amount less but not exceeding the balance of the Contract Price , which amount shall
include other costs and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term “balance of the Contract Price,” as used in this
paragraph, shall mean the total amount payable by Municipality to Contractor under the Contract
and any amendments thereto, less the amount properly paid by Municipality to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than Municipality/County named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect Surety’s obligation under this Bond.
Signed and sealed this ______ day of _____________________, 20_____.
ATTEST: CONTRACTOR
_______________________________
Corporate Secretary or other
person authorized to attest
_____________________________
Print Name
(CORPORATE SEAL OR NOTARY)
By: ____________________________
Authorized Signer
_____________________________
Print Name and Title
_____ day of __________, 20___
IN THE PRESENCE OF: SURETY:
Signature
By
Agent and Attorney-in-Fact
(Print Name)
(Print/Type Name)
Signature
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
ITB/Contract #25-012
ITB Contract #25-012 Page 62 of 78
FORM 2: PAYMENT BOND
Project Name: Southeast Drainage Retrofit Project, Phase I
Project Number:DANI-017
KNOW ALL BY THESE PRESENTS:
That we _________________________________, as Principal (hereinafter called
“Contractor”), located at __________________________, with a phone number of
__________________, and _________________________, as Surety, located at
____________________, with a phone number of ________, under the assigned Bond Number
_________________ and pursuant to Section 255.05, Florida Statutes, are bound to the
Municipality of _____, Florida (“Municipality”) and Broward County, Florida (hereinafter jointly
and severally referred to as “Municipality/County”), as dual Obligees, in the amount of
_______________________ Dollars ($____________) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, Contractor has by written agreement dated the ___ of __________________,
20______, entered into a Contract, Bid/Contract No. _________, with Municipality for
construction of ______________________ located at _______________________, the terms of
which contract (including the Contract Documents, as those are defined in the contract) are
incorporated by reference herein and made a part hereof as the “Contract.”
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays Municipality/County all losses, damages, expenses, costs and attorneys’ fees includ-
ing appellate proceedings, that Municipality/County sustains because of default by
Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
Section 255.05(1) for all labor, materials and supplies used directly or indirectly by
Contractor in the performance of the Contract;
THEN CONTRACTOR’S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE
AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
A. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies shall, within forty-five (45) days after
beginning to furnish labor, materials, or supplies for the prosecution of the Work (as defined in
the Contract), furnish to Contractor a notice that he or she intends to look to the bond for
protection.
ITB/Contract #25-012
ITB Contract #25-012 Page 63 of 78
B. A claimant who is not in privity with Contractor and who has not received payment for its
labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after
complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written
notice of the performance of the labor or delivery of the materials or supplies and of the
nonpayment.
C. No action for the labor, materials, or supplies may be instituted against Contractor or the
Surety unless the notices stated under the preceding conditions (A) and/or (B), as applicable,
have been given.
D. Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Sections 255.05(2) and 255.05(10), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect the Surety’s obligation under this Bond.
Signed and sealed this ____ day of _________________, 20__.
ATTEST: CONTRACTOR
_______________________________
Corporate Secretary or other
person authorized to attest
_____________________________
Print Name
(CORPORATE SEAL OR NOTARY)
By: ____________________________
Authorized Signer
_____________________________
Print Name and Title
_____ day of __________, 20__
IN THE PRESENCE OF: SURETY:
Signature
By
Agent and Attorney-in-Fact
(Print Name)
(Print/Type Name)
Signature
Address:
(Street)
(City/State/Zip Code)
ITB/Contract #25-012
ITB Contract #25-012 Page 64 of 78
(Print Name)
Telephone No.:
ITB/Contract #25-012
ITB Contract #25-012 Page 65 of 78
FORM 3: CERTIFICATE AS TO CORPORATE PRINCIPAL
CERTIFICATION BY CORPORATE SECRETARY:
I, _________________________________________, certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bonds; that
_________________________, who signed the Bond(s) on behalf of the Principal, was then
_______________ of said corporation; that I know their signature; that their signature thereto
is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said
corporation by authority of its governing body.
Signature: _______________________________________
as Secretary of [Print Name of Principal/Contractor]
(CORPORATE SEAL)
Print Name: _____________________________________
NOTARIZED CERTIFICATION UNDER OATH:
STATE OF
COUNTY OF
Before me, _Name of Notary Public a Notary Public duly commissioned, qualified, and acting,
personally appeared _Name of Principal/Contractor's Authorized Signer , who has duly sworn
under oath (or affirmed) that they are authorized to execute the foregoing Performance and
Payment Bond on behalf of Contractor named therein in favor of County.
Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐
online notarization, this _____ day of ________________, 20____.
NOTARY PUBLIC:
Signature: _________________________
Print Name: _________________________
(NOTARY SEAL)
My commission expires:
☐ Personally Known or ☐ Produced Identification
Type of Identification Produced: _________________________
ITB/Contract #25-012
ITB Contract #25-012 Page 66 of 78
FORM 4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS $500,000.00 OR LESS
TO: MUNICIPALITY OF CITY OF DANIA BEACH
RE: BID NUMBER: ITB 23-014
BIDDER:
Insert Name
Insert Address
Address Cont'd
Insert Phone Number
AMOUNT OF BOND: _______________________________
SURETY BOND COMPANY:
Insert Name
Insert Address
Address Cont'd
Insert Phone Number This is to
certify that, in accordance with Section 287.0935, Florida Statutes, the insurer named above:
(1) Is licensed to do business in the State of Florida;
(2) Holds a certificate of authority authorizing it to write surety bonds in the State of
Florida;
(3) Has twice the minimum surplus and capital required by the Florida Insurance Code;
(4) Is otherwise in compliance with the provisions of the Florida Insurance Code; and
(5) Currently holds a valid certificate of authority issued by the United States Department
of Treasury under 31 U.S.C. §§ 9304-9308.
_______________________ _______________________________
(Date Signed) Agent and Attorney-in-Fact
(continued on next page)
ITB/Contract #25-012
ITB Contract #25-012 Page 67 of 78
AFFIDAVIT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, this _____ day of ________________, 20___, by
_________________________, Agent and Attorney-in-Fact of ________________________.
NOTARY PUBLIC:
Signature: _________________________
Print Name: _________________________
(NOTARY SEAL)
My commission expires: ☐ Personally Known or ☐ Produced Identification
Type of My commission expires:
Identification Produced: _________________________
ITB/Contract #25-012
ITB Contract #25-012 Page 68 of 78
FORM 5: UNCONDITIONAL LETTER OF CREDIT
(PERFORMANCE AND PAYMENT GUARANTY FORM)
UNCONDITIONAL LETTER OF CREDIT Date of Issue
Issuing Bank’s No.
Beneficiary: Applicant:
Municipality of the City of Dania Beach , Florida Amount: Ana M. Garcia, ICMA-
CM
Municipality Manager (in United States Funds)
100 W. Dania Beach Blvd.
____________________ Expiry:
Dania Beach, Florida 33004 (Date)
Bid/Contract Number ITB 25-012
We hereby authorize you to draw on (Bank, Issuer Name) at (Branch Address) by order of and for
the account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States
Funds, of $(Dollar Amount) available by your drafts at sight, accompanied by: A signed statement
from the Municipality Manager of the Municipality of the City of Dania Beach, Florida, or the
Municipality Manager’s authorized representative that the drawing is due to default in
performance of certain obligations on the part of (Contractor, Applicant, Customer) agreed upon
by and between the Municipality of ______ and (Contractor, Applicant, Customer) pursuant to
the Bid/Contract No. for (Name of Project) and Section 255.05, Florida Statutes. Drafts must be
drawn and negotiated not later than (expiration date). Drafts must bear the clause: “Drawn
under Letter of Credit No. (number), of (Bank Name) dated___________________.”
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the Municipality Manager with written notice of our intent to terminate the credit herein
extended, which notice must be provided at least thirty (30) days prior to the expiration date of
the original term hereof or any renewed one (1) year term. Notification to Municipality of City
of Dania Beach that this Letter of Credit will expire prior to performance of Contractor’s
obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall
not in any way be modified or amplified by reference to any documents, instrument, or
agreement referred to herein or in which this Letter of Credit is referred to or this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this Letter of Credit that such drafts will be duly honored
upon presentation to the drawee.
ITB/Contract #25-012
ITB Contract #25-012 Page 69 of 78
Obligations under this Letter of Credit shall be released one (1) year after the final completion of
the Project by the (Contractor, Applicant, Customer) .
This Credit is subject to the “Uniform Customs and Practice for Documentary Credits,”
International Chamber of Commerce (2007 revision), Publication No. 600 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
_______________________________
Authorized Signature
ITB/Contract #25-012
ITB Contract #25-012 Page 70 of 78
FORM 6: MONTHLY (CBE/SBE) UTILIZATION REPORT
ITB/Contract #25-012
ITB Contract #25-012 Page 71 of 78
FORM 8B: STATEMENT OF COMPLIANCE (DAVIS-BACON ACT)
No. _______________________________
Contract No. ITB_ 25-012______________________
Project Title Southeast Drainage Retrofit Project, Phase II
The undersigned Contractor hereby swears under penalty of perjury that, during the period
covered by the application for payment to which this statement is attached, all mechanics,
laborers, and apprentices, employed or working on the site of the Project, have been paid at
wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have
not been less than those required by the Davis-Bacon Act and the applicable conditions of the
Contract.
Dated _____________, 20___ _________________________________
Contractor
By________________________________
(Signature)
By________________________________
(Name and Title)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, this _____ day of ________________, 20___, by
_________________________.
NOTARY PUBLIC:
Signature: _________________________
Print Name: _________________________
(NOTARY SEAL)
My commission expires: ☐ Personally Known or ☐ Produced Identification
Type of Identification Produced: _________________________
ITB/Contract #25-012
ITB Contract #25-012 Page 72 of 78
FORM 9: CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS
Contract No. ITB 25-012
Project Title Southeast Drainage Retrofit Project, Phase II
The undersigned Contractor hereby swears under penalty of perjury that:
1. Contractor has paid all Subcontractors all undisputed contract obligations for labor,
services, or materials provided on this Project within the time period set forth in Sections
218.73 and 218.735, Florida Statutes, as applicable.
2. The following Subcontractors have not been paid because of disputed contractual
obligations; a copy of the notification sent to each, explaining the good cause why
payment has not been made, is attached to this form:
Subcontractor Name and Address Date of Disputed
Invoice
Amount in
Dispute
Dated _____________, 20___ _________________________________
Contractor
By_______________________________
(Signature)
By________________________________
(Name and Title)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, this _____ day of ________________, 20___, by
_________________________.
NOTARY PUBLIC:
Signature: _________________________
Print Name: _________________________
(NOTARY SEAL)
My commission expires: _____________ ☐ Personally Known OR ☐ Produced Identification
Type of Identification Produced: _____________
ITB/Contract #25-012
ITB Contract #25-012 Page 73 of 78
FORM 10: CERTIFICATE OF SUBSTANTIAL COMPLETION
Contract No.ITB 25-012
Project (Name and Address): Southeast Drainage Retrofit Project, Phase II
To (Municipality): City of Dania Beach
Consultant: _______________________________________________________
Contractor: _______________________________________________________
Notice to Proceed Date: _____________________________________________
Consultant: _______________________________________________________
Date of Issuance: ____________________
Project or Designated Portion Shall Include:
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
The Work performed under this Contract has been reviewed and found to be substantially
complete and all documents required to be submitted by Contractor under the Contract
Documents have been received and accepted.
The date of Substantial Completion of the Project or portion thereof designated above is
recommended as:
Unless otherwise defined in the contract, the definition of date of Substantial
Completion is that date, as certified in writing by Consultant and as finally
determined by Contract Administrator in its sole discretion, on which the Work,
or a portion thereof, is at a level of completion in substantial compliance with the
Contract Documents, such that all conditions of permits and regulatory agencies
have been satisfied and the Owner or its designee can enjoy use or occupancy and
can use or operate the Project in all respects for its intended purpose. A
Certificate of Occupancy (or a Temporary Certificate of Occupancy or other
alternate municipal/county authorization for limited or conditional occupancy
acceptable to the Contract Administrator) must be issued for Substantial
Completion to be achieved; however, the issuance of a Certificate of Occupancy
or the date thereof does not constitute Substantial Completion.
A Punch List to be completed or corrected that has been prepared by Consultant and approved
by Municipality is attached hereto. The failure to include any items on such list does not alter
the responsibility of Contractor to complete all work in accordance with the Contract Documents.
____________________ _____________________ ________________
Consultant By Date
ITB/Contract #25-012
ITB Contract #25-012 Page 74 of 78
In accordance with the terms of the Contract, Contractor will complete or correct the work on
the Punch List attached hereto within ______________________ from the above date of
Substantial Completion.
________________________ _____________________ ________________
Contractor By Date
Municipality, through the Municipality Manager, has determined the Work or portion thereof
designated by Municipality is substantially complete and will assume full possession thereof at
(time) on (date) .
MUNICIPALITY OF CITY OF DANIA BEACH: _________________________
_________
By Municipality Manager Date
The responsibilities of Municipality and Contractor for security, maintenance, heat, utilities,
damage to the work, and insurance shall be as follows:
ITB/Contract #25-012
ITB Contract #25-012 Page 75 of 78
FORM 11: FINAL CERTIFICATE OF PAYMENT
Contract No. ITB 25-012Project (Name and Address): Southeast Drainage Retrofit Project, Phase
II
To (Municipality): ____________________________________________________
Consultant: _______________________________________________________
Contractor: _______________________________________________________
Notice to Proceed Date: _____________________________________________
Consultant: _______________________________________________________
Date of Issuance: ____________________
All conditions or requirements of any permits or regulatory agencies have been satisfied. The
documents required pursuant to the terms and conditions of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the Contract
Documents has been reviewed and the undersigned certifies that the Work, including minor
corrective work, has been completed in accordance with the provision of the Contract
Documents and is accepted under the terms and conditions thereof.
______________________________ _________________________ ___________
Consultant By Date
Municipality, through its Municipality Manager, accepts the work as fully complete and will
assume full possession thereof at on .
(time) (date)
MUNICIPALITY OF CITY OF DANIA BEACH: _________________________
_________
By Municipality Manager Date
ITB/Contract #25-012
ITB Contract #25-012 Page 76 of 78
FORM 12: FORM OF FINAL RECEIPT
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO. ITB 25-012
Received this ______ day of ______________________, 20______, from the Municipality of
_____, Florida, the sum of ___________________ Dollars ($____________) as full and final
payment to Contractor for all work and materials for the Project described as:
.......
.......
This sum includes full and final payment for all extra work and material and all incidentals.
Contractor hereby indemnifies and releases the Municipality of _________ from all liens
and claims whatsoever arising out of the Contract and/or Project.
Contractor hereby certifies that all persons doing work upon or furnishing materials or
supplies for the Project have been paid in full. In lieu of this certification regarding payment for
work, materials and supplies, Contractor may submit a consent of surety to final payment in a
form satisfactory to the Municipality of _________.
Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales
and Use Tax Act), as amended, have been paid and discharged.
[IF INCORPORATED SIGN BELOW.]
CONTRACTOR
ATTEST: CONTRACTOR NAME
_______________________________
Corporate Secretary or other
person authorized to attest
(CORPORATE SEAL OR NOTARY)
By: ____________________________
Authorized Signer
_____________________________
Print Name and Title
_____ day of __________, 20___
ITB/Contract #25-012
ITB Contract #25-012 Page 77 of 78
[IF NOT INCORPORATED SIGN BELOW.]
CONTRACTOR
WITNESSES:
_______________________________
Witness signature
_______________________________
Print/Type Name
_______________________________
Witness signature
_______________________________
Print/Type Name
_____________________________
Business Name
By: ____________________________
Authorized Signer
_______________________________
Print/Type Name and Title
_____ day of __________, 20___
ITB/Contract #25-012
ITB Contract #25-012 Page 78 of 78
EXHIBIT ___ INSURANCE REQUIREMENTS