JOB 1655 - ASTRA ROOFTOP TERRACE 
ROOFTOP RESTAURANT
2121 NW 2ND AVE, MIAMI, FLORIDA 33127

DESCRIPTION:

ROOFTOP RESTAURANT BUILDOUT

Please review the Responsibility Schedule 

ADDITIONAL WORK AUTHORIZATION:

No additional work authorization will be recognized by MION Construction Company, Inc.  All additional work must have a MION Construction Company, Inc. change order approved by the Project Manager.

IMPORTANT NOTES AND DISCLOSURE

Before entering this Plan Room you ("The Recipient") must agree as follows
1.    Confidential Information
"Confidential Information" means the Bid Documentation and all other analyses, computer files (whether or not in written form), compilations, memoranda, notes, reports, studies, data, drawings, films, information, and documentation of all kinds (including copies, extracts, and summaries thereof and all other material containing or based in whole or part on any such information, whichever party may have prepared the same) belonging to MION or any MION Group company and disclosed to the Bidder in whatsoever form whether written, oral, electronically or otherwise directly or indirectly, or which comes into the possession or knowledge of the Bidder through the Bidding Process as part of the Bid Documentation or by any other means, and whether before or after the Bidder’s first use of the Bidding Process.
2.    Purpose
Confidential Information is provided to the Bidder for the purpose (the ‘Purpose’) of submitting a Bid through the Bidding Process and, if the Bid is successful, executing a Contract.
3.    Obligations of the Bidder
The Bidder shall:
(i)    maintain the Confidential Information in confidence and shall protect it with the same security measures and degree of care that the Bidder applies to its own confidential information and which the Bidder warrants will provide adequate protection against unauthorized disclosure, copying, access or use;
(ii)    not, without the prior written consent of MION, disclose the Confidential Information to any third party, except to such of its directors, officers or employees who need to know it for the Purpose;
(iii)    only use the Confidential Information for the Purpose and not make any other commercial use of the Confidential Information;
(iv)    not copy or reproduce any material part of the Confidential Information in any form except as is reasonably necessary for the Purpose and only on the basis that such copies or reproductions which contain Confidential Information in whole or in part shall become the property of MION; and
(v)    at MION’s request, disclose or establish to MION's reasonable satisfaction that the Bidder has measures and procedures in place which support its obligations under this clause.
4.    Exceptions to the Bidder's Obligations
The obligations and restrictions provided in Clause 3 above shall not apply to Confidential Information which:
(i)    now or in future becomes public knowledge otherwise than by breach of this Agreement by the Bidder; or
(ii)    is lawfully in the possession of the Bidder prior to receipt from MION and was not previously acquired by the Bidder under any obligation of confidence to MION; or
(iii)    is lawfully disclosed to the Bidder by a third party without breach by the Bidder or such third party of any obligation of confidentiality or non-use towards MION; or
(iv)    is required to be disclosed by order of a court of competent jurisdiction or pursuant to any binding judicial or arbitration procedure, or to any government department or regulatory agency or pursuant to the rules of any recognized Stock Exchange, but provided that wherever possible the Bidder shall give MION not less than two days prior notice of any such requirement
5.    No Licence
MION reserves all rights in the Confidential Information and no rights or obligations other than those expressly recited herein are granted or to be implied from this Agreement. For the avoidance of doubt, no license is granted through the use of the Bidding Process to use any patent, invention, discovery, copyright, or other intellectual or industrial property right now or in the future held, made, obtained, or licensable by MION, except for the Purpose.
6.    No Publicity
The Bidder agrees to keep the existence and nature of its Bid and any discussions with MION regarding the Purpose confidential and not to make any public statement, advertisement, or other disclosure with regard to the Purpose or the Bidding Process without the prior written consent of MION.
7.    No Warranty
MION makes no representation or warranty as to the accuracy or completeness of the Confidential Information which is provided to the Bidder and MION shall have no liability to the Bidder resulting from the use of such Confidential Information, any such use being at the risk of the Bidder.
8.    Contract
In the event that the Bid is successful, the Bidder and MION will negotiate the terms of the proposed Contract. The Bidder acknowledges that a further Contract-specific confidentiality agreement may be required as part of the contract negotiation process.
The Bidder agrees to the foregoing conditions. By proceeding to obtain Bid Documentation the Bidder agrees to strictly observe these conditions, whether or not the Bidder decides to submit a Bid, and whether or not such Bid is accepted by MION.
Davida Ayala
President
MION Construction Company, Inc.

SAFETY

We require subcontractors use the following safety measures.

US Army Corp of Engineers Safety Manual No. 385-1-1 30 November 2014 (Click here to download)