Job Order Contracting Agreement with Envirowaste Services Group, Inc.j~a~
~~~-1
JOB ORDER CONTRACTING AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
ENVIROWASTE SERVICES GROUP, INC.
FOR
HORIZONTAL RIGHT-OF-WAY (ROW)
CONSTRUCTION PROJECTS FOR THE
CITY OF MIAMI BEACH, FLORIDA
INVITATION TO BID NO. 23-08/09
2.3. Liquidated Damages may be applied to individual Job Orders at the
discretion of the CITY. The dollar amount(s) relative to Liquidated
Damages are not intended to be applied as penalties, but rather to be
applied as damages to the CITY for its inability to obtain full beneficial
occupancy and/or use of the Project. Liquidated Damages on construction
projects other than streetscape or utility aroiects are hereby fixed at
51,000 per day and agreed upon between the parties. recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by the CITY as a consequence of such delay, and both parties
desiring to obviate any question of dispute concerning the amount of said
damages and the cost and effect of the failure of the CONTRACTOR to
complete the Project on time.
2.3.1 Liquidated Damages relative to a streetscape or utility
project. The additional cost realized by the CITY consists of the
following components:
Additional construction administration by CITY, Program
Manager, and/or Consultant.
Additional resident observation by CITY and/or Program
Manager.
Loss of use of facilities, including, without limitation, loss of
parking revenue, sidewalk cafe fees, etc.
The cost realized by the CITY for extended Project milestone completion
consists of the sum of the Program Management (PM) fee; the City
Construction Management (CM) cost; additional Consultant fees that
would be incurred by the CITY for each day that the Project completion is
delayed; and those costs realized by the CITY for loss of facility use.
It is estimated that the PM component of CITY incurred expense could
reasonably consist of one resident observer ($75 per hour for 8 hours per
day = $600), one Project Coordinator ($125 per hour for 4 hour per day =
$500), and one Project Administrator (550 per hour for 4 hours per day =
$200). Hence, the estimated PM component of the liquidated damage
value to be used on streetscape or utility projects would be $1,300
per day.
It is estimated that the Construction Management component of CITY
incurred expense would be based on the recognized rate of 4% of total
Project cost. Hence, a $5,000,000 Project that has construction duration of
300 working days would result in a CM cost component of $800 per day.
This value will vary by Project.
Loss of Parking Revenue: If applicable, will be incorporated in the Job
Order/Notice to Proceed.
2.4. CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under the Job Orcler or as much thereof as
CITY may, in its sole discretion, deem just and reasonable.
Contract
2.5. CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by the CITY in administering the
construction of the Project beyond the completion date specified in the
Notice to Proceed, plus approved time extensions. All such costs shall be
deducted from the monies due CONTRACTOR for performance of Work
under the Job Order by means of unilateral credit change orders issued by
CITY as costs are incurred.
ARTICLE 3
THE CONTRACT SUM AND ADJUSTMENT FACTORS
3.1. The Contract is an indefinite-quantity contract with no minimum values.
The Estimated Contract Term Value for ITB No. 23-08/09 -HORIZONTAL
RIGHT-OF-WAY is Five Million Dollars ($5,000,000) per term. The
Maximum Not To Exceed Contract Value for ITB No. 23-08!09 -
HORIZONTAL RIGHT-OF-WAY is Twenty-five Million Dollars
($25,000.000).
3.2. Payment shall be at the lump sum price stated in the Notice to Proceed for
each Job Order. 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 using the following Adjustment Factors:
3.2.1. Normal Working Hours Construction: CONTRACTOR shall
perform any or all functions called for in the Contract Documents
and the Detailed Scope of Work, scheduled during Normal
Working Hours, in the quantities specified in individual Job Orders
against this Contract, for the unit price sum specified in the
Construction Task Catalog' multiplied times the Adjustment
Factor of:
1 0 2 12 3
3.2.2. Other Than Normal Working Hours Construction: CONTRACTOR
shall perform any or all functions called for in the Contract
Documents and the Detailed Scope of Work. scheduled during
Normal Working Hours in the quantities specified in individual Job
Orders against this Contract, for the unit price sum specified in
the Construction Task Catalog' multiplied times the Adjustment
Factor of:
Contract
1 0 4 5 6
Contract
3.2.3. Non Pre-priced Work Tasks: CONTRACTOR shall perform any or
all functions cal-ed for in the Contract Documents and the
Detailed Scope of Work that are Non Prepriced Tasks multiplied
times ttie Adjustment Factor of:
I 0 5 0 0
ARTICLE 4
PROGRESS PAYMENTS
4.1. For Job Orders intended to have a duration of thirty (30) days or less,
CITY will make only one final payment. For Job Orders intended to have a
duration of more than thirty (30) days the CONTRACTOR may make
Application for Payment for Work completed during the Project at intervals
of not more than once a month. CONTRACTOR'S application shall show a
complete breakdown of the Project components; the quantities completed
and the amount due; and such other supporting evidence as may be
required by CITY. CONTRACTOR shall include with each Application for
Payment, an updated Progress Schedule acceptable to CITY (and as
required by the Contract Documents), and a release of liens and consent
of surety relative to the Work which is the subject of the Application. Each
Application for Payment shall be submitted in triplicate. CITY shall make
payment to CONTRACTOR within thirty (30) days after approval by CITY
of CONTRACTOR'S Application for Payment and submission of an
acceptable updated Progress Schedule.
4.2. Ten percent (10%) of all monies earned by CONTRACTOR shall be
retained by CITY until Final Completion and acceptance by CITY, in
accordance with Article 5 hereof, except that after ninety percent (90%) of
the Work has been completed. the Contract Administrator may reduce the
retainage to five percent (5%) of all monies previously earned and all
monies earned thereafter. Any reduction in retainage shall be in the sole
discretion of the CITY and shall be recommended by the Contract
Administrator. CONTRACTOR shall have no entitlement to a reduction.
Any interest earned on retainage shall accrue to the benefit of CITY. All
requests for retainage reduction shall be in writing in a separate stand-
alone document.
4.3. CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1. Defective work not remedied.
4.3.2. Claims filed, or reasonable evidence indicating probable filing of
claims by other parties, against CONTRACTOR or CITY because
of CONTRACTOR'S performance.
Project Manual
4.3.3. Failure of CONTRACTOR to make payments properly to
subcontractors, or other failure to pay materials or labor.
4.3.4. Damage to another contractor not remedied.
4.3.5. Liquidated damages and costs incurred by CITY, as noted in
Section 2.3.
4.3.6 Failure of CONTRACTOR to provide any and all documents
required by the Contract Documents.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1. Upon receipt of written notice from CONTRACTOR that the Project is
ready for final inspection and acceptance, CITY shall, within ten (10)
calendar days, make an inspection thereof. If the CITY finds that the Worts
is acceptable; the requisite documents have been submitted; the
requirements of the Contract Documents have been fully satisfied; and all
conditions of the permits and regulatory agencies have been met, a Final
Certificate of Payment (Form 00922} shall be issued by CITY stating that
the requirements of the Contract Documents have been performed and
the Work is ready for acceptance under the terms and conditions thereof.
5.2. Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to the CITY a complete release of all liens arising out of the Job
Order (or at the CITY's sole discretion, receipts in full in lieu thereof); an
affidavit certifying that all suppliers and subcontractors have been paid in
full and that all other indebtedness connected with the Work has been
paid; a consent of the surety to final payment; the final corrected as-built
drawings; and a final invoice.
5.3. If, after the Work has been substantially completed, full completion thereof
is materially delayed through no fault of CONTRACTOR, and the CITY so
certifies, CITY shall, upon certification of the CITY and without terminating
the Job Order, make payment of the balance due for that portion of the
Work fully completed and accepted. Such payment shall be made under
the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
5.4. Final payment shall be made only after the City Manager or his designee
has reviewed a written evaluation of the performance of CONTRACTOR
(prepared by the Contract Administrator) and approved final payment. The
acceptance of final payment by CONTRACTOR 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 application for final payment.
Contract
Contract
ARTICLE 6
MISCELLANEOUS
6.1. This Contract is part of, and incorporated into, the Contract Documents, as
defined herein. Accordingly, all of the documents incorporated into the
Contract Documents shall govern this Project.
6.2. Where there is a conflict between any provision set forth within the
Contract Documents and a more stringent State or federal provision which
is applicable to the Project, the more stringent State or federal provision
shall prevail.
6.3. Public Entity Crimes:
6.3.1. In accordance with the Public Crimes Act. Section 287.133,
Florida Statutes, a person or affiliate who is a contractor,
consultant or other provider, who has been placed on the
convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or
services to the CITY, may not submit a bid on a contract with the
CITY for the construction or repair of a public building or public
work, may not submit bids on leases of real property to the CITY,
may not be awarded or perform work as a contractor. supplier,
subcontractor, or consultant under a contract with the CITY, and
may not transact any business with the CITY in excess of the
threshold amount provided in Section 287.017, Florida Statutes.
for category two purchases for a period of 36 months from the
date of being placed on the convicted vendor list. Violation of this
section by CONTRACTOR shall result in cancellation of the CITY
purchase and may result in CONTRACTOR debarment.
6.4. Independent Contractor:
6.4.1. CONTRACTOR is an independent contractor under this Contract.
Any and all work and/or services provided by CONTRACTOR
pursuant to this Contract shall be subject to the supervision of
CONTRACTOR. In providing such work and/or services, neither
CONTRACTOR nor its officials, employees, contractors and/or
agents shall act, or purport to act, as officers, employees,
contractors and/or agents of the CITY. This Contract shall not
constitute or make the parties a partnership or joint venture,
6.5. Third Party Beneficiaries:
6.5.1. Neither CONTRACTOR nor CITY intends to directly or
substantially benefit a third party by this Contract. Therefore, the
parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim
against either of them based upon this Contract. The parties
expressly acknowledge that it is not their intent to create any
Project Manual
rights or obligations in any third person or entity under this
Contract.
6.6. Notices:
6.6.1. Whenever either party desires to give notice to the other, such
notice must be in writing, sent by certified United States Mail,
postage prepaid, return receipt requested, or by hand-delivery
with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last
specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this
section. For the present, the parties designate the following:
For CITY:
City of Miami Beach
Procurement Division
Attn: Gus Lopez, Procurement Director
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For CONTRACTOR:
EnviroWaste Services Group
Attn: B. Rafael Barba, President
4 S.W. 1g` 2"d Floor
Miami, Florida 33131
6.7. Assignment and Performance:
6.7.1. Neither this Contract nor any interest herein shall be assigned,
transferred. or encumbered by either party. In addition,
CONTRACTOR shall not subcontract any portion of the work or
services required by this Contract except as authorized by
Section 18 of the General Conditions. CONTRACTOR represents
that all persons delivering any work and/or services required by
this Contract have the knowledge and skills, either by training,
experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set
forth in the scope of work for the particular Job Order, and to
provide and perform such work and/or services, to CITY'S
satisfaction, for the agreed compensation.
Contract
6.7.2. CONTRACTOR shall perform its duties, obligations, and any work
and services under this Contract, in a skillful and respectable
manner. The quality of CONTRACTOR'S performance and all
interim and final product(s) provided to or on behalf of CITY shall
be comparable to the best local and national standards.
6.8 Materiality and Waiver of Breach:
6.8.1. CITY and CONTRACTOR agree that each requirement, duty, and
obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a
material term hereof.
6.8.2. CITY'S failure to enforce any provision of this Contract shall not
be deemed a waiver of such provision or modification of this
Contract. A waiver of any breach of a provision of this Contract
shall not be deemed a waiver of any subsequent breach and shall
not be construed to be a modification of the terms of this Contract.
6.9. Severance:
6.9.1. In the event a portion of this Contract is found by a court of
competent jurisdiction to be invalid, the remaining provisions shalt
continue to be effective unless CITY or CONTRACTOR elects to
terminate this Contract. An election to terminate this Contract
based upon this provision shall be made within seven (7) days
after the finding by the court becomes final.
6.10. Applicable Law and Venue:
6.10.1. This Contract shall be enforceable in Miami-Dade County, Florida,
and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-
Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation
related to, or arising out of, the Contract.
6.11. CONTRACTOR shall specifically bind its sub-contractors to the
provisions of this Contract.
6.12. Amendments:
6.12.1. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in
a written document prepared with the same or similar formality as
this Contract and executed by CITY and CONTRACTOR.
Contract
Project Manual
6.13. Prior Agreements:
6.13.1. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
applicable to the matters contained herein and the parties agree
that there are no commitments, agreements or understandings
concerning the subject matter of this Contract that are not
contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is
further agreed that no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless
set forth in writing in accordance with Section 6.12 above.
Contract
(REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Contract
IN WITNESS WHEREOF, the parties have set their hands and seals the
day and year first above written.
ATT T: -) CITY OF MIAMI BEA H, FLORIDA
1~~~ ~~~~
Robert Parcher, City Clerk at err ra Bower, ayor
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
i
(Secr ary) CONTRACTOR/ENVIROWASTE
SERVICES GROUP, INC.
_ - r _=_
(Signature and Title)
Corporate Seal)
~~.~~/o ~3A,~~ ~l ~ P.a
(Type Name/Title S
igned Above)
/
~I day of~~, 20 Q~
[If not incorporated sign below.]
CONTRACTOR WITNESSES:
(Name)
By
(Signature)
(Type Name Signed Above)
, 20
day of
ay~ T~
CITY REQUIRES FIVE (5) FULLY-EXECUTED ~''~~~& .~TV~'UA'G~R
DISTRIBUTION. & FOR E
CUTION
I
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~~ ` ~
i
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ey~t^ a
EXHIBIT 1
PROJECT MANUAL
Project Manual Table of Contents
TABLE OF CONTENTS
DO10D Invitation to Bid
00200 Definitions
00300 Instructions to Bidders 18
1. General......... .._.....,... „ ......................._........_..
_........... ._,,...., ._....._..,.....
_ .....__._. 18
2. Examination of the Contract Documents.. _ ............... ..... .........._....._...........,,,..,.,,....,, .............. 18
3. Submission of a Bid.. ._ ..................................................................,.............................. ........_..._. 18
4. Scope of Work ................. .............................................................................................. ................ 18
5, Job Order Contract Overview ...........................................................................
.........
... .......
..
..
19
.
. .
..
.
6. Contract Documents ....................................................................................................... ................ 20
7. Location of Work.........._ ............................................................................................._.. ...........__ 21
8. Abbreviations and Symbols ............................................................................................. ............... 21
9, Pre-Bid Interpretations ..................................................................................................... ............... 21
10. Submitting Bids ................................................................................................................ .............._ 22
11. Printed Form of Bid....._...._._ .......................................................................................... ................ 22
12. Bid Guaranty ......................_....................................
..
.
.
..
........................ 22
.
.
..
.
...
.................. .............._
13, Acceptance or Rejection of Bids ................................................................................._... .....,...,...,, 22
14. Determination of Awards ................................................................................................. ............... 23
15. Evaluation ........................................................................................................................ ............... 27
16. Contract Price . ............................................................................................................ .........._..._ 27
17. Environmental Regulations ..................................._......................................................... .......,...,,... 28
18. Protested Solicitation Award.._ ................._ .........,,......................................,......,.......... ........._...._ 28
19. Postponement of Date for Presenting and Opening of Bids ........................................... ............. 28
20. qualifications of Bidders......_._ ..............................................._....................,................. ......._...... 28
21. Addenda and Modifications .........................__............................................................... ......,....,,.., 29
22. Prevailing Wage Rates .................................................................................................... ................ 29
23. Equals Benefit Ordinance .............................................................................................. ............... 30
24, Proposed Equal Benefits Ordinance Summary .............................................................. ............... 31
25 Debarment an
00400 General Conditions 35
1 Project Manual _...._.
_ ,,,,,,,,,,,,,,, _._........__....
.........,,, .................._. 35
2. Intention of City ....................._,........... ...,....., ......_...__...............,,,. .,,,,................................... 35
3. Preliminary Matters,..,, ......._._ ............................................................. ...................................... 36
4 Performance Bond and Payment Bond ._ ............... ...... ................ ....................................... 36
5- Qualification of Surety........_... .., ............_.._._ ................ ................................. 37
6. Indemnification........_....._ ............................ ...................................._ .., ..,.,,.........................._... 38
Z Insurance,,,_.,.........._ ..................................... ............._................_.... ...........,_...,,, ..,,,............. 39
8. Labor and Materials ............... ............._................._ ... _........__.................__... 41
9. "Or Equal"Clause ......... ........_.... ...._...... ..,,,..,,_.. ......._........... ................... 41
ugust 2009 City of Miami Beaeh Paae 1 of 177
n
Table of Contents
Royalties and Patents ....................................._...._..........................,...................... ...................._ 41
Weather ............................................................... ................................................... ........................ 41
Permits. Licenses and Impact Fees ........................................_......................_...... .,......,,............. 42
Resolution of Disputes_........._.........._ .................................................................... ......._............... 42
Inspection of Work ................................................._. _....._............................,.....,,.. ........................ 43
Superintendence and Supervision .........................._............................................... ....................._ 44
City's Right to Terminate Contract ....... .... ......_......_......................................... ....................... 45
Contractor's Right to Stop Work or Terminate Contract .......................................... ........................ 46
Assignment......_ ............................... _.,.....,....,,,.,..,,.................................
.......
....................... 47
Rights of Various Interests . ..................................._............................................,.. ......................._ 47
Differing Site Conditions....._....__ ......................_.... ................... ......................_ 47
Plans and Working Drawings .. ......................... ._..__........................................... ....................... 48
ConUactor to Check Plans. Specifications and Data ..... ....................................... ...................... 48
Contractor's Responsibility for Damages and Accidents ......................................... ....................... 48
Warranty ..._......_......_..__ .........................._........................................................... ........................ 49
Supplementary Drawings ......................................................................................... ........................ 49
Defective Work ................................._.................................................................... ......................., 50
Taxes._ . ................................................................................................................. ........................ 50
Subcontracts.. _ ........................................................................................................ ....................... 51
Separate Contracts .................................................................................................
.
................_..... 55
Use of Completed Portions..._....._ .........................................................._.............. ......................,, 55
Lands for Work ......_........, .._ ... .... ........................................................................ ....................._ 56
Legal Restrictions and Traffic Provisions _ .............................................................. ....................... 56
Location and Damage to Existing Facilities, Equipment or Utilities ......................... ....................... 57
Value Engineering .._...._ .._......._ ............................................................................ ........................ 58
Continuing the Work . ............................................................................................ ............
....._. 58
Changes in the Work or Terms of Contract Documents ......................................... ...................... 58
Field Orders and Supplemental Instructions ........................................................... ....................... 59
Change Orders ...................._................... _. .....,.................................................. ......................_ 59
Notification and Claim for Change of Job Order Completion Time
No Damages for Delay ......_...__....._ .............._.. _.....,...,,,..,,,....,.
Excusable Delay; Compensable; Non-Compensabie .................
44 No Interest .............................._.............,..............._.,.....,...................... ....................................,... 63
45 Shop Drawings and Samples ................................................................. ........................................ 63
46, Field Layout of the Work and Record Drawings ..................................... ........................................ 64
47 As-Built Drawings ............. .......... ............._......_.............................. .,._. ...............................65
48. Safety antl Precaution ............................................................................ ...................................... 65
49. Payment by City for Tests ....................................................................... ........................................ 66
50 Project Sign _...._ ...... ....... ........... 67
51 Hurricane Precautions _... _ ...................................
............................
..............,,..,, .........,.... 67
52 Cleaning Up; City's Right to Clean Up .................. ................ 67
53 Removal of Equipment ........._ ............................................._............. ...__................................._ 67
August 2009 City of Miami Beach Page 2 of 177
Project Manual Table of Contents
54 Nondiscnmination. Equal Employment Opportunity. and Americans with Disabilities Act .......... .... 68
55. Project Records_......_....__ .............................................._........_................................ ......... ... 68
56. Occupational Health and Safety ..................................._......_.........,......,,...,,,,, 68
57. Environmental Regulafions......_.._........._ ........................ ..... .._ ........................................... _.. 70
58. Compliance with Laws __ . ................. .......... ..................._...................,......,.....,,................. ... 70
05000 JOC SUPPLEMENTAL CONDITIONS 73
1. The Contract.. __ ....__ .... ................ _........ ._ 73
2. Interpretation of the Contract Documents....._...._ ....................................................................... . . 74
3. Contract Term and Maximum Contract Duration ......................................................................... .... 75
4. Option to Extend Contract........._.....,..._..._ .................................................................._......... ._ 75
5. Option to Bilaterally Extend Contract .............................................................................._........... .._ 75
6. Specifications and Drawings for Construction ............................................................................. .... 76
7. Character of the Work .................... ............................................................................................. .... 76
8. Means and Methods of Construction ........................................................................................... .... 77
9. Contractor's Team._ ................................................................................................................... ... 77
10, Competence of Workmen ........................................................................................................_. _... 78
11. Ordenng Work .......__ .................._..._..._....._................. . ..,, 78
12. Contractor's Responsibility to Become Familiar with the Work ................................................... ... 83
13. Measurements to be Verified .............................................................................._....................... .... 84
14, Final Inspection, Acceptance and Job Order Completion ........._ ................................._............_ ... 84
15. City Furnished EquipmenUMaterials and Tax Exempt Transaction for the Direct Purchase of
EquipmenUMaterial Relative to Construction Projects............_.._ .............................................. ... 85
16. Salvage and Salvage Disposal ..................._................._........_..,,.............................................. .. 89
17, Work by Others; Hired or Employed by the City ................_.......,................................................ ... 89
18. Liquidated Damages ..................................................................................._..........................,,... ..,, 89
19. Requests for Information or Approval .............................._......................................................._. ... 90
20. Contractor Administrator ................................._...............................,........................................... . 90
21 The Project CoordinatorlProgram Manager ................................................................................ ... 90
22. The Inspector ....... ... .............................................................................................................. ... 91
23. Site Preparations and Cleanup .................................................................................................... ... 91
24. On-Site Storage .............................................._...............................,,.......................................... ... 92
25. Disruptions of Community Activities ........................................................................................... .... 92
26. Trucking......_ ..................._......................,.....,.............................. ... ......................._
.............. ... 92
27. Existing Elevators......__. ......................................... ........................................... ... 92
28 Construction Elevators. Etc ...................................................................................................... .... 93
29. Access to Buildings and Security ........._ ................ .......................................................... __ 93
30, Equipment and Fumiture .......................................................................................................... .... 93
31. Applicable Regulations ........................._................._ ...........,................................................._.. ... 93
32. Environmental Protection .....................__.................................................................................... ... 95
33 Protection of Work and Property ................_.............._....................,,,,.....,................................. .._ 95
34 Floor Loading _....... ... ...... .... 97
35 Project Site Maintenance........ .._ ..,, _...._ ............................._......._......,,.,....,. .,,, 97
36 Material and Equipment Protection and Secunty ...................................................................... _- 97
37 Explosives and BlasUnq _. __ .., __......... _ ....................... ........._ . 98
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38. Cutting and Patching ................................................................................................................... .... 99
39. Barriers..._...._........._ ................................................................................................................. ....99
40, Pollution Control ..................._.._..................._........................................................................... .... 99
41. Temporary Services and Utilities ................................................................................................ . 100
42. Hours of Work and Access .......................................................................................................... . 102
43. All Legal Provisions Deemed Included....._ ................................................................................. . 102
44. Scope Documentation Seroices _ ........................................ ..................................................... . 102
45, Work Involving Hazardous Materials ........................................................................................... . 103
46. Pre-Construction Services ....................... ............................................................................. .. 103
47. Job Meetings _.........._...___ ...................................................................................................... . 104
48. Energy Conservation ................................................................................................................... ..104
49. Computer Requirements .............................................................................................................. .. 104
50. City Furnished Software...._........_....._._._ ................_.........._........_........................................ _ 104
51. Job Order Contracting System License. Usage and Restrictions ............................................... .. 105
52 Cooperative Purchasing ...,, ... _ ... .................................................. . 105
53- Communications.......__...._....__ ..........................................................................................._..._ .107
07000 ADDENDA AND MODIFICATIONS 109
00900 BIDITENDER FORM 111
00901 SUPPLEMENT TO BIDITENDER FORM 117
00902
00903 NON-COLLUSION CERTIFICATE
DRUG FREE WORKPLACE CERTIFICATION 118
119
00904 TRENCH SAFETY ACT ACKNOWLEDGMENT 121
00905
00906
00907 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES
RECYCLED CONTENT INFORMATION
NONDI8CRIMINATION DECLARATION 122
123
124
00908 CONTRACTOR'S QUALIFICATION STATEMENT 133
00909 PERFORMANCE EVALUATION SURVEY 137
00910 BIDDER'S PAST PROJECTS 139
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00911 INTERVIEWS OF KEY PERSONNEL 150
00912 FORM OF CERTIFICATE OF INSURANCE 151
00913 FORM OF BID BOND 152
00914 FORM OF PERFORMANCE BOND 153
00915 FORM OF PAYMENT BOND 156
00916 CERTIFICATE AS TO CORPORATE PRINCIPAL 158
00917
00918
00919
00920
00921 BID GUARANTY FORM 1 UNCONDITIONAL LETTER OF CREDIT 159
PERFORMANCE AND PAYMENT GUARANTY FORM 1 UNCONDITIONAL LETTER
OF CREDIT 161
STATEMENT OF COMPLIANCE 163
DAVIS BACON WAGE DECISIONS 164
CERTIFICATE OF SUBSTANTIAL COMPLETION 173
00922 FINAL CERTIFICATE OF PAYMENT 175
00923 FORM OF FINAL RECEIPT 176
of Mlami Beach Page 5 of 177
Manual Invitation To Bid
00100 Invitation to Bid
CITYOFMIAMIBEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
wovw. miamibeachft. gov
PROCUREMENT DIVISION Telephone {305) 673-7495
Facsimile (786) 394-4007
INVITATION TO BID (ITB)
JOB ORDER CONTRACT; ITB No
JOB ORDER CONTRACT; ITB No
JOB ORDER CONTRACT; ITB No
JOB ORDER CONTRACT; ITB No
JOB ORDER CONTRACT; ITB No
JOB ORDER CONTRACT; ITB No
22-08109 -VERTICAL CITYWIDE
23-08!09 -HORIZONTAL RIGHT-OF-WAY (ROW)
24-08109 -ELECTRICAL
25-08109 -MECHANICAL
26-08109 - WATERPROOFINGIPAINTING
27-08109 -ROOFING
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3ro Floor,
1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. local time on
April 24, 2009 for Job Order Contracts (referred to as "JOC") according to the Bid Table on
the following page.
ITB No. 22-08109 Vertical Citywide -Minimum Requirements: Bidder (Business Entity)
must have a minimum of five (5) years of General Contracting construction experience, as
evidenced by an occupational or business license issued by the state of Florida, and have
a valid Florida Certified General Contractor License and/or Florida Registered General
Contractor License to be deemed responsive for the VERTICAL CITYWIDE contract. The
work to be performed under this contract will be primarily repair and alteration and new
construction projects.
ITB No. 23-08/09 Horizontal ROW -Minimum Requirements: Bidder (Business Entity)
must have a minimum of five (5) years of General Contracting construction experience, as
evidenced by an occupational or business license issued by the state of Florida, and have
a valid Florida Certified General Contractor License, Florida Registered General Contractor
License, and/or Engineering License issued by Miami-Dade County to be deemed
responsive for the HORIZONTAL ROW contract. The work to be performed under this
contract will be primarily site/civillutility and Right-of-Away Projects.
ITB No. 24-08109 Electrical -Minimum Requirements: Bidder (Business Entity) must
have a minimum of five (5) years of Electrical construction experience. as evidenced by an
occupational or business license issued by the state of Florida and have a valid Florida
Certified Electrical Contractor License and/or Florida Registered Electrical Contractor
License to be deemed responsive for the ELECTRICAL contract. The work to be performed
under this contract will be primarily electrical and fire alarm installation and repair.
August 2009 City of Miami Beach Page 6 of 177
Project Manual Invitation To Bid
ITB No. 25-08/09 Mechanical -Minimum Requirements: Bidder (Business Entity) must
have a minimum of five (5) years of Mechanical construction experience, as evidenced by
an occupational or business license issued by the state of Florida, and have a valid Florida
Certified Mechanical License, Florida Registered Mechanical License, Florida Certified Air
Conditioning License. and/or Florida Registered Air Conditioning License to be deemed
responsive for the MECHANICAL contract. The work to be performed under this contract
will be primarily HVAC and fire protection.
ITB No. 26-08109 WaterproofinglPainting -Minimum Requirements: Bidder (Business
Entity) must have a minimum of five (5) years of Waterproofing construction experience, as
evidenced by an occupational or business license issued by the state of Florida, and have
a valid Painting License issued by Miami-Dade County to be deemed responsive for the
WATERPROOFING/PAINTING contract. The work to be performed under this contract will
be primarily painting and waterproofing.
ITB No. 27-08/09 Roofing -Minimum Requirements: Bidder (Business Entity) must have
a minimum of five (5) years of Roofing construction experience, as evidenced by an
occupational or business license issued by the state of Florida, and have a valid Florida
Certified Roofing Contractor License and/or Florida Registered Roofing Contractor License
to be eligible to submit bids for the ROOFING contract. The work to be performed under
this contract will be primarily roofing repair and replacement.
For the purposes of compliance with the minimum experience requirements, the term
"Bidder" is hereby defined to mean the firm and/or Business Entity which is submitting a bid
pursuant to the ITB.
BID TABLE
Bid Number Estimated Maximum Maximum Payment and j Minimum Self
Cornrail Contract Not to Pertormance License Performance
Term Valuo Duration Exceed Bond (Each) Requrement Requirement
(Yearsi Contrail
Value _
ITB No. 22-08109 $ 5,000,000 5 $ 25.000,000 5 2.000.000 Flontla Certified General Contractor 10"i°
Vertical Cdywitle andtor
Flontla Re istered General Contractor
R6 No. 23-08109 $ 5,000.000 5 $ 25,000,000 5 2.000,000 Flonda Certified General Contractor 30 i
Horizontal ROW and/or
Florida Registered General Contrauor i,
and/or
Miami-Dade Coun En ineerin
'
ITB No 24-08105 i $ 1,000.000 5 $ 5.000 000 $ 500.000 _ _
Flontla Cenified Eleunca~ Contractor ~ J 50°io
Eleilncal and/or
_ Florida Re istered Elenncal Contractor
ITB No. 2x08109 $ t,000.00G 5 $ S.W0.000 $ 500.000 Florida CertiSed Mechanical Contractor 50°/,
MechaNwl
~ and/or
. Florida Registeretl Mechanical Contractor
andior
Florida Certfied Av Contlitioning Contrauor
andtor
F londa Re istered Conditionma Contr_a_uo_ r_ _
~ ~
ITB No 25-08+09 S 1.000,000 5 ~ S 5.000.000 $ 500.000 Miami-Dade County Painting
50"/,
Waterproofing/Painhn
ITF3 No 27-D8/09
S 1.000.000
5 S S,OOD,000 __
$ 500,000 _
Forida Certified Roofing Contrauor 50
Roofing andior
Ftorid2 Registered RooSna Contrgor
August 2009 City of Miami Beach Page 7 of 177
Project Manual Invitation To Bid
A bid guaranty for all JOC contracts is required in the amount of $20,000.00.
JOC is a competitively bid, firm fixed price indefinite quantity construction contract under
which the Bidder/Contractor will perform a variety of work at different project locations. The
Scope of Work includes a collection of detailed repair, construction and demolition tasks
with related performance specifications and pre-established unit prices. The contracts are
for repair, alteration, modernization, maintenance, rehabilitation, demolition and
construction of infrastructure. buildings, structures, site civil or other real property. Work is
accomplished by means of issuance of a Job Order against the contract. Under the JOC
concept, the Contractor is required to furnish all management, documentation, tabor.
materials and equipment needed to perform the work including scope documentation
services to support individual Job Orders.
Each contract will have an initial Contract Term of one (1) year. Each contract includes
bilateral options for four (4) additional one (1) year Contract Terms, exercisable at the
mutual discretion of both the City and Contractor. The Maximum Contract Duration shall not
exceed five (5) years. The Maximum Not to Exceed Contract Value is $25,000,000.00 for
the VERTICAL CITYWIDE and HORIZONTAL ROW contracts. The Maximum Not to
Exceed Contract Value is $5.000,000.00 for the ELECTRICAL, MECHANICAL.
WATERPROOFING/PAINTING, and ROOFING contracts.
If the Bidder is a joint venture, the joint venture itself will be considered a separate and
distinct entity and must be in compliance with all requirements of the State statutes and the
Florida Contracting licensing regulations.
At the time, date, and place referenced herein, bids will be publicly opened. Any bids
received after the time and date specified will be returned to the Bidder unopened. The
responsibility for submitting a bid before the stated time and date is solely and strictly the
responsibility of the Bidder, The City is not responsible for delays caused by mail. courier
service, including U.S. Mail, or any other occurrence.
A Pre-Bid Conference has been scheduled for 10:00 A.M. on April 2, 2009, at the City
of Miami Beach Convention Center, Room B 114-115, 1901 Convention Center Drive,
Miami Beach, FL 33139. The City strongly encourages Bidders to attend the Pre-Bid
Conference. The Pre-Bid Conference is held for the purpose of discussing the JOC
concept and the Contract Documents, the City's construction program, and bid
considerations. Bidders should be represented by a person that will be directly
involved preparing the JOC bid and responsible for executing the construction work.
Attendance (in person or via telephone) to this Pre-Bid submission meeting is encouraged
and recommended as a source of information but is not mandatory. Bidders interested in
participating in the Pre-Bid submission meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America)
(2) Enter the MEETING NUMBER: '2659980* (note that number is preceded and followed
by the star (*} key).
August 2009 City of Miaml Beach Page 8 of 177
Invitation To Bid
Bidders who are interested in participating via telephone, please send an a-mail to
guslopez(o~miamibeachfl.gov expressing your intent to participate via telephone.
The Project Manual, the Construction Task Catalog', and Specifications for this project are
available in digital format on CD's. Please call Kenneth Patterson at (305) 673-7490 to
secure a CD set containing said documents. The cost for these CD's is $20.00; company
checks and cash accepted, no credit cards please. The CD's can be picked up in the
Procurement Division, 3rd Floor, City Hall.
The City of Miami Beach is using BidSync powered by RFP Depot, a central bid notification
system which provides bid notification services to interested vendors. BidSync allows for
vendors to register online and receive notification of bids, amendments and awards.
Vendors with Internet access should review the registration options at the following
website: www.bidsync.com. If you do not have Internet access, please call BidSync's
vendor support group at 1-800-990-9339 or 1-801-765-9245.
The City of Miami Beach also utilizes BidNet for automatic notification of bid opportunities
and document fulfillment. This system allows for vendors to register online and receive
notification of new bids, amendments and awards. Vendors with Internet access should
review the registration options at the following website:
www.govbids com/scriptslsouthflorida/public/home1 asp .
If you do not have Internet access, please call the BidNet support group at 1-800-677-1997
extension # 214,
Interested bidders who would like to know particulars of this and other bids for the City of
Miami Beach should view the City's Procurement Division's web page at
http:!/web.miamibeachfl gov/procuremenUscroll.aspx?id=23510 .
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writina
by e-mail to guslopez(a~miamibeachfl.gov, mail, or facsimile, to the Procurement
Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (786) 394-4007.
The Bid title/number shall be referenced on all correspondence. All responses to
questions/clarifications will be sent to all prospective bidders in the form of an addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in
the best interest of the City of Miami Beach, or waive any informality in any proposal or bid.
The City of Miami Beach may reject any and all proposals or bids.
Oral communication between a Bidder, lobbyist or consultant and the Procurement Director
is limited to matters of process or procedures. Request for additional information or
clarifications must be made in writing to the Procurement Director, with a copy to the City
Clerk. no later than ten (10) calendar days prior to the bid opening date.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the bid. Bidders
should not rely on representations, statements, or explanations other than those made in
this bid or in any written addendum to this bid. Bidders should verify with the Procurement
Division prior to submitting a bid that all addenda have been received.
August 2009 City of Miaml Beaeh Page 9 of 17T
Project Manual Invitation To Bid
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in
the best interest of the City of Miami Beach, or waive any informality in any proposal or bid.
The City of Miami Beach may reject any and all proposals or bids.
It is the current intention of the City of Miami Beach to award at least one (1) Job Order
Contract for each ITB number under this solicitation on the basis of the lowest and best bid.
However, the City of Miami Beach reserves the right to award multiple contracts, if
determined to be in the City's best interest. Such multiple awards shall not affect the
Maximum Not to Exceed Contract Value, as stated above, for each contract awarded. The
City of Miami Beach may award only one JOC contract to a single Contractor under this
advertisement. if determined to be in the City's best interest.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY
OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
CAMPAIGN FINANCE REFORM ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR
DOMESTIC PARTNERS -ORDINANCE NO. 2005-3494.
Detailed representation of all these ordinances can be found on the City of Miami Beach
Website at httoa/web.miamibeachfl.pov/procurement/scroll asox?id=23510.
CITY OF MIAMI BEACH
Gus Lopez, CPPO, CPPB
Procurement Director
August 2009 City of Miami Beach Page 10 of 177
Manual
00200 Definitions
1 Definitions: Whenever the following terms or pronouns in place of them appear in the
Project Manual, the intent and meaning shall be interpreted as follows:
1.1. ACCEPTANCE shall mean that construction on an individual Job Order is
Substantially Completed in accordance with the Contract Documents
including all punch lists items. At the time of acceptance, a Certificate of
Completion will be issued and the Final Certificate of Payment will be
processed. All warranties and guarantees for completed Work shall
commence at Final Completion. The date of Acceptance will be set by the
City.
1.2. ADDENDUM or ADDENDA shall mean the additional Contract provisions
issued in writing by the Contract Administrator prior to the receipt of bids.
1.3. ADJUSTMENT FACTOR shall mean the Contractor's competitively bid price
adjustment to the Unit Prices as published in the Construction Task Catalog'.
Contractors must bid three (3) Adjustment Factors: one for Work
accomplished during Normal Working Hours, one for Work accomplished
during Other Than Normal Working Hours and one for Non Prepriced tasks.
The Adjustment Factors must be expressed as an increase to or decrease
from the published Unit Prices.
1.4. ADVERTISEMENT shall mean the publicly placed Advertisement For Bid
inviting Bidders to submit a bid. The term "Solicitation" may be
interchangeably used with the term Advertisement.
1.5. AGREEMENT shall mean the document duly signed by the Contractor and
the City, binding both parties to the terms of the Contract Documents.
1.6. AWARD CRITERIA FIGURE shall mean the amount determined in the Award
Criteria Figure Worksheet provided in the Project Manual, which is used for
the purposes of determining the lowest bid. The Award Criteria Figure is the
Contract Price for the purposes of determining the lowest bid.
1.7. BIDDER shall mean the firm and/or Business Entity which is submitting a bid
pursuant to the ITB.
1.8. CITY shall mean the City of Miami Beach, a Florida municipal corporation,
having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida 33139, which is a party hereto and for which this Contract is to be
performed. In all respects hereunder, performance is pursuant to the City's
position as the owner of a construction project. In the event City exercises its
regulatory authority as a governmental body, the exercise of such regulatory
authority and the enforcement of any rules, regulations, laws and/or
ordinances shall be deemed to have occurred pursuant to City's regulatory
authority as a governmental body and shall not be attributable in any manner
to City as a party to this Contract.
1.9. CITY COMMISSION shall mean the governing and legislative body of the
City.
August 2009 City of Miami Beach Page 11 of 177
Project Manual Definitions
1.10. CITY MANAGER shall mean the Chief Administrative Officer of the City.
1.11. CLAIM shall mean a right existing on behalf of any person that might develop
into a lien in favor of the claimant if such right existed against any person or
entity other than a public body.
1.12. CONSTRUCTION TASK CATALOG'' shall mean the comprehensive listing of
specific construction or construction related tasks together with a specific unit
of measurement and a Unit Price, (Also referred to as the "CTC").
1.13. CONSULTANT shall mean an Architect or Engineer who has contracted with
City, or who is an employee of City: to provide professional services for
various Projects. Whenever the term "Consultant" is used in these
documents. it shall be construed to mean the Consultant, through the
Program Manager. The Program Manager may on a project by project
determination act as the City's representative.
1.14. CONTRACT shall mean the part or section of the Contract Documents
addressing the rights and duties of the parties hereto, including but not limited
to, Maximum Contract Duration and liquidated damages.
1.15. CONTRACT ADMINISTRATOR shall mean the City's Procurement Director
who is an authorized representative to coordinate, direct, and review on
behalf of the City. all matters related to Job Order Contracts.
1.16. CONTRACT DOCUMENTS shall mean the ITB Documents, Contract, record
of the award by the City Commission, the Performance Bond and Payment
Bond, the Notice of Award, the Purchase Orders and Notices to Proceed.
Field Orders, Supplemental Instructions, Requests for Proposals, Detailed
Scopes of Work and any additional required documents.
1.17. CONTRACT TERM shall mean a one (1) year term of this Contract. There is
one (1) initial Contract Term and four (4) optional Contract Terms.
1.18. CONTRACTOR shall mean the firm. or business entity with whom the City
has contracted and who is responsible for the acceptable performance of the
Work and for the payment of all legal debts pertaining to the Work. All
references in the Contract Documents to third parties under contract or
control of Contractor shall also be deemed to be a reference to Contractor.
1.19. DAYS shall mean calendar days, unless otherwise stated.
1.20. DETAILED SCOPE OF WORK shall mean the complete description of
services to be provided by the Contractor under an individual Job Order. The
Detailed Scope of Work will include sufficient documentation for a given Job
Order as determined by City. Documentation may include a narrative
description of the Work, partial architectural documents or full architectural
documents depending on the complexity of the specific Work to be
accomplished under the Job Order,
1.21. EMERGENCY shall mean such situations that are declared an emergency by
the City and may require immediate action without the formal issuance of a
August 2008 City of Miami Beach Page 12 of 777
Manual
Definitions
Job Order; or a situation preventing Contractor from contacting City prior to
execution.
1.22. ESTIMATED CONTRACT TERM VALUE shall mean the estimated volume of
Work to be performed during a Contract Term. This amount is not
guaranteed, and the actual volume of work may be higher or lower than the
estimated amount.
1.23. FIELD ORDER shall mean a written order which orders minor changes in the
Work but which does not involve a change in the Job Order Amount or Job
Order Completion Time, or other material change to the Detailed Scope of
Work.
1.24. FINAL COMPLETION shall mean the date certified by the City or Program
Manager in the Final Certificate of Payment upon which all conditions and
requirements of any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by the
City or Program Manager: any other documents required to be provided by
Contractor have been received by the City or Program Manager; and to the
best of the City's or Program Manager s knowledge, information and belief the
Detailed Scope of Work defined herein has been fully completed in
accordance with the terms and conditions of the Contract Documents.
1.25. INCIDENTAL SCOPE DOCUMENTATION SERVICES shall mean any
Contractor-provided services assisting in the development and documentation
of the Detailed Scope of Work; including but not limited to drawings, sketches,
diagrams, illustrations, schedules, test data, calculations, performance charts,
cuts. brochures, and other data which are prepared by the Contractor and
which illustrate a portion of the Work, explicitly excludes signed andlor
stamped architectural/engineering drawings (Additional Scope Documentation
Services).
1.26. INSPECTOR shall mean an authorized representative of the City or Program
Manager assigned to make necessary inspections of materials furnished by
Contractor and of the work performed by Contractor.
1.27. ITB DOCUMENTS shall mean the bidding documents. The ITB Documents
consist of the following Volumes:
Volume I, Project Manual;
Volume II, Construction Task Catalog';
Volume III, Technical Specifications.
1.28. JOB ORDER shall mean an individual project or work order featuring a
specific Detailed Scope of Work, Job Order Amount and Job Order
Completion Time. Each Job Order will include a Blanket Purchase Order and
Notice to Proceed issued by the City.
1.29. JOB ORDER AMOUNT shall mean the price to be paid to the Contractor for
completing the Detailed Scope of Work within the Job Order Completion
Time. The Job Order Amount shall be determined by the sum of the tasks'
August 2009 City of Miami Beach Page 13 of 177
Project Manual
Unit Prices times the quantities times the appropriate Adjustment Factor(s).
The Job Order Amount is the Contract Price of an individual Job Order.
1.30. JOB ORDER COMPLETION TIME shall mean the period of time allotted for
the Contractor to achieve Final Completion of an individual Job Order's
Detailed Scope of Work.
1.31. JOB ORDER CONTRACT shall mean a competitively awarded, indefinite
quantity contract for accomplishing construction and construction related
services. Work is accomplished through the issuance of individual Job Orders
against the Contract. Each Job Order issued under the JOC will be a firm
fixed priced order for accomplishing a specific Detailed Scope of Work. (Also
referred to as the "JOC").
1.32. JOINT SCOPE or JOINT SLOPING shall mean the joint meeting that takes
place at the Site with the City and the Contractor wherein a proposed Job
Order is discussed and examined, and the framework of the Detailed Scope
of Work is developed.
1.33. LAW or LAWS shall mean the Constitution of the State of Florida, a statute of
the United States or of the State of Florida, a local law of the City of Miami
Beach or County of Miami-Dade, and any other ordinance, rule or regulation
having the force of Law.
1.34. MATERIALS shall mean materials incorporated in, used or consumed in the
performance of the Work.
1.35. MATERIALMEN shall mean any person, firm or corporation, other than
employees of the Contractor, who or which contracts with the Contractor, or
any Subcontractor to fabricate or deliver, or who actually fabricates or
delivers. plant materials or equipment to be incorporated in the Work.
1.36. MAXIMUM CONTRACT DURATION shall mean the maximum duration of the
Contract. The Maximum Contract Duration is five (5) years.
1.37. MAXIMUM NOT TO EXCEED CONTRACT VALUE shall mean the maximum
dollar value of Work that can be ordered under this Contract during the
duration of the Contract.
1.38. MEANS AND METHODS OF CONSTRUCTION shall mean the labor,
materials in temporary structures, tools, plant. and construction equipment,
and the manner and time of their use, necessary to accomplish the result
intended by a Job Order.
1.39. NON PREPRICED TASK shall mean a work task required to perform the
Detailed Scope of Work under an individual Job Order that is not included in
the Construction Task Catalogs' but within the general scope and intent of this
Contract. Such work requirements shall be incorporated into and be made a
part of this Contract for the Job Order to which they pertain. and may be
incorporated into the Construction Task Catalog'. if determined appropriate
by the City, Non Prepriced Tasks shall be separately identified and submitted
in the Price Proposal.
August 2009 City of Miami Beach Page 14 of 177
Manual
1.40. NORMAL WORKING HOURS shall mean the hours of 8:00 AM to 5:00 PM
Monday through Friday except Holidays. City "Holidays" are hereby defined
as follows: New Years Day, Martin Luther King Day, the designated Spring
Holiday, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day. the designated Christmas Holiday, Christmas Day.
1.41. NOTICE TO PROCEED shall mean a written notice to Contractor authorizing
the commencement of Work under a particular Job Order.
1.42. OTHER CONTRACTORS shall mean any person, firm or corporation with
whom a separate contract has been made by City for the performance of any
work which is not a portion of work covered under this Contract.
1.43. OTHER THAN NORMAL WORKING HOURS shall mean the hours of 5:01
PM to 7:59 AM Monday through Friday and any time Saturday, Sunday, and
Holidays, City Holidays are as follows: New Years Day, Martin Luther King
Day, the designated Spring Holiday, Memorial Day, Independence Day. Labor
Day, Veterans Day, Thanksgiving Day, the designated Christmas Holiday.
Christmas Day. The Contractor will not normally be permitted to work on City
holidays. Work required other than during the aforementioned working period
will be at the City's direction and/or require the City's approval prior to
commencement of work activities.
1.44. PLANS AND/OR DRAWINGS shall mean the official graphic representations
as needed on a Job Order to represent or supplement the Detailed Scope of
Work
1.45. PREPRICED TASK shall mean a task included in the Construction Task
Catalog' for which a Unit Price has been established.
1.46. PRICE PROPOSAL shall mean a cost proposal prepared by the Contractor
using the Construction Task Catalog'', Adjustment Factors and appropriate
quantities.
1.47. PRICE PROPOSAL PACKAGE shall mean a set of documents including at
least: (1) a Price Proposal with quantity takeoffs; (2) a proposed progress
schedule; (3) a list of proposed subcontractors: (4) sketches, drawings, or
layouts and any other products of Incidental Scope Development Services;
and (5) required submittals, including but not limited to, technical data or
information on proposed materials or equipment.
1.48. PROGRAM MANAGER shall mean an authorized representative contracted
by the City who may be assigned individual JOC projects; the individual
designated by the City as being responsible for management, supervision and
acceptance of Job Orders.
1.49. PROGRESS SCHEDULE shall mean a bar chart submitted by the Contractor
and subject to approval by the City showing the overall Job Order Completion
Time and subdivided for each critical operation therein.
1.50. PROJECT shall mean the construction project as described in the Job Order.
August 2009 City of Miami Beach Page 15 of 177
Manual
1.51. PROJECT INITIATION DATE shall mean the date as specified in the Notice
to Proceed upon which time commences for completion of the Job Order.
1.52. PROJECT MANAGER shall mean the individual assigned by the City as
being responsible for management, supervision and acceptance of Job
Orders.
1.53. PROJECT MANUAL shall mean Volume I of the Contract Documents setting
forth bidding information and requirements, form of Agreement, bonds. and
certificates; and General Conditions and JOC Supplemental Conditions.
1.54. PROVIDE or FURNISH, unless specifically noted otherwise, shall mean
supply and install complete and ready for operation and use.
1.55. PUNCH LIST shall mean a compilation of items that have not been completed
in accordance with an individual Job Order.
1.56. REQUEST FOR PROPOSAL (RFP) shall mean the document issued by the
City that formally requests the Contractor to prepare a Price Proposal
Package for a Detailed Scope of Work.
1.57. RESIDENT PROJECT REPRESENTATIVE shall mean an authorized
representative of Consultant or Program Manager assigned to represent
Consultant or Program Manager on the Project.
1.58. SAMPLES shall mean the physical examples submitted by the Contractor of
materials, equipment or workmanship to establish a standard that the
Contractor is required to meet.
1.59. SITE shall mean the area upon or in which the Contractor's operations are
carried on, and such other areas adjacent thereto as may be designated as
such by the Project Coordinator andlor Program Manager.
1.60. SPECIFICATIONS shall mean all of the definitions, instructions, descriptions,
directions, requirements. provisions and standards (and all written
supplements thereto) pertaining to the methods, (or manner) of performing
and actual performance of the Work, or quality (as shown by test records) of
accepted materials to be furnished under this Contract, as hereinafter detailed
and designated in the Contract Documents. Specifications for this contract
include Volume III. Technical Specifications; the South Florida Building Code;
and standard City of Miami Beach Specifications.
1.61. STATE shall mean the State of Florida.
1.62. SUBCONTRACTOR shall mean a person, firm or corporation having a direct
contract with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not include
one who merely furnishes Materials not so worked.
1.63. SUBSTANTIAL COMPLETION shall mean the date certified by the City
and/or Program Manager when all conditions and requirements of permits
and regulatory agencies have been satisfied and the Detailed Scope Work is
sufficiently complete in accordance with the Contract Documents so the
August 2009 City of Miami Beach Page 16 of 177
Project Manual
Definitions
Project is available for beneficial occupancy by City. A Certificate of
Occupancy or Certificate of Completion must be issued for Substantial
Completion to be achieved, however, the issuance of a Certificate of
Occupancy or Certificate of Completion or the date thereof are not to be
determinative of the achievement or date of Substantial Completion.
1.64. SUPERINTENDENT shall mean the supervising representative of the
Contractor who is present on the work site at all times during progress,
authorized to receive and fulfill instructions from and communicate with City,
and capable of superintending the work efficiently. The Superintendent shall
not actually perform the physical tasks involved unless otherwise waived in
writing by City.
1.65. SUPPLEMENTAL JOB ORDER shall mean a Job Order issued to add or
delete work from an existing, related Job Order. A Supplemental Job Order
may change the original Detailed Scope of Work, Job Order Amount and/or
Job Order Completion Time. The term "Change Order' may be
interchangeably used with the term Supplemental Job Order.
1.66. SURETY shall mean the surety company or individual which is bound by the
performance bond and payment bond with and for Contractor who is primarily
liable, and which surety company or individual is responsible for Contractor's
satisfactory performance of the work under the contract and for the payment
of all debts pertaining thereto in accordance with Section 255.05, Florida
Statutes.
1.67. UNIT PRICE shall mean the price published in the Construction Task
Catalog'' for a specific construction or construction related task. The Unit
Prices are fixed for the duration of the Contract Term. Each Unit Price is
comprised of the labor, equipment and materials costs to accomplish that
specific task.
1.68. WAGE DECISION shall mean the applicable federal wage determination
provided by the City as issued by the U.S. Department of Labor.
1.69. WORK shall mean the construction and services required by the Contract
Documents. whether completed or partially completed, and includes all other
labor, materials, equipment and services provided or to be provided by
Contractor to fulfill Contractors obligations. The Work may constitute the
whole or a part of the Project.
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Project Manual Instructions To Bidders
00300 Instructions to Bidders
1. General
1.1. The following instructions are given for the purpose of guiding Bidders in
properly preparing their bids. Such instructions have equal force and weight
with other portions of the Contract Documents and strict compliance is
required with all the provisions contained in the instructions.
2. Examination of the Contract Documents
It is the responsibility of each Bidder before submitting a Bid, to:
2.1. Examine the ITB Documents thoroughly;
2.2. Take into account Federal, State and local (City and Miami-Dade County)
laws, regulations, and ordinances that may affect costs, progress,
performance, furnishing of the Work, or award; and
2.3. Carefully review the ITB Documents and notify the City of all conflicts, errors
or discrepancies in the Contract Documents. of which Bidder knows or
reasonably should have known.
3. Submission of a Bid
3.1. The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that.
without exception, the Bid is premised upon performing and furnishing the
Work required by the Contract Documents and that the ITB Documents are
sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
4. Scope of Work
4.1. The Scope of work under this Contract shall be determined by individual Job
Orders issued hereunder. Upon receipt of a Notice to Proceed, the Contractor
shall furnishes scope documentation services, shop drawings, samples,
management, documentation, materials, supplies. parts (to included system
components), transportation, plant, supervision, labor and equipment needed
to perform the work at designated City properties.
4.2. The Contracts will be for the following:
4.2.1. JOB ORDER CONTRACT ITB NO. ITB 22-08109 - VERTICAL
CITYWIDE.
The Contract may be used to perform any work on facilities under the
jurisdiction of the City but is to be used primarily for repair and
alteration, and minor new construction projects.
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Project Manual Instructions To Bidders
4.2.2. JOB ORDER CONTRACT ITB No. ITB 23-08/09 -HORIZONTAL
ROW.
The Contract may be used to perform any work on facilities under the
jurisdiction of the City but is to be used primarily for work for
site/civil/utility and Right-of-Away Projects.
4.2.3. JOB ORDER CONTRACT ITB NO. ITB 24-08/09 -ELECTRICAL.
The Contract may be used to perform any work on facilities under the
jurisdiction of the City but is to be used primarily for electrical and fire
alarm installation and repair.
4.2.4. JOB ORDER CONTRACT ITB NO. 25-08/09 -MECHANICAL.
The Contract may be used to perform any work on facilities under the
jurisdiction of the City but is to be used primarily for HVAC and fire
protection,
4.2.5. JOB ORDER CONTRACT ITB NO. 26-08/09 -
WATERPROOFINGlPAINTING.
The Contract may be used to perform any work on facilities under the
jurisdiction of the City but is to be used primarily for painting and
waterproofing.
4.2.6. JOB ORDER CONTRACT ITB NO 27-08/09 -ROOFING.
The Contract may be used to perform any work on facilities under the
jurisdiction of the City but is to be used primarily for roofing repair and
replacement.
4.2.7. The City reserves the right to utilize and assign individual Job Orders
to any Contractor awarded a VERTICAL CITYWIDE, HORIZONTAL
ROW, ELECTRICAL, MECHANICAL, WATERPROOFING/PAINTING,
or ROOFING contract.
5. Job Order Contract Overview
5.1. A Job Order Contact (JOC) is a competitively bid, firm fixed price, indefinite
quantity contract. It includes a collection of detailed repair and construction
tasks and specifications that have established unit prices. It is placed with a
Contractor for the accomplishment of repair, alteration, modernization,
rehabilitation. construction, etc. of buildings, structures, or other real property.
Ordering is accomplished by issuance of a Job Order against the Contract.
5.2. Under the JOC concept. the Contractor furnishes management, labor,
materials, and equipment, and provides incidental scope documentation
services required to document the scope of work to support individual Job
Orders.
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Project Manual Instructions To Bitlders
5.3. The JOC contract includes a Construction Task Catalog''' (CTC). The CTC
was developed by the City and is based on the use of experienced labor and
high quality materials. The CTC also incorporates local activity, climate and
geographic features.
5.4. Each Bidder must submit three (3) Adjustment Factors. Two Adjustment
Factors are applied to the unit prices in the Construction Task Catalog'` (CTC)
and one Adjustment Factor will be applied to items not in the Construction
Task Catalog' -Non Prepriced Tasks. Of the two Adjustment Factors applied
to the Construction Task Catalog'R', one is to perform Work during Normal
Working Hours and the other is to perform Work during Other Than Normal
Working Hours. All Adjustment Factors must be specified to the fourth
decimal place. These Adjustment Factors will be used to price individual
scopes of work by multiplying the Adjustment Factor times the unit prices and
quantities. These Adjustment Factors will be proposed separately. The CTC
and the Contractor's Adjustment Factors will be incorporated in the award of
the contract,
5.5. As work requirements are identified, the City and Contractor will jointly scope
the work at a Joint Scope Meeting. The Contractor will be given a Request for
Proposal and a Detailed Scope of Work. The Detailed Scope of Work may
reference design documents. The Contractor will be required to review the
Detailed Scope of Work and develop a Price Proposal using the appropriate
tasks, quantities and the applicable Adjustment Factor. If the Contractor's
Proposal is found reasonable and acceptable, a Job Order may be issued.
The resulting price shall be a lump sum, firm fixed price for the completion of
the Detailed Scope of Work.
5.6. The JOC concept also includes a provision for the establishment of prices for
work requirements that are within the general scope of work of the Contract
but were not included in the CTC at the time of Contract award. These tasks
are referred to as "Non Prepriced Items". Non Prepriced (NPP) items may
require the establishment of specifications and drawings and may
subsequently be incorporated into the CTC at the City's sole discretion.
6. Contract Documents
6.1. The Contract Documents constituting component parts are the following
Volume I, Project Manual.
Volume II, Construction Task Catalog
Volume III, Technical Specifications
Additional required documents, including, but not limited to, the Contract,
record of the award by the City Commission, the Performance Bond and
Payment Bond. the Notice of Award, the Purchase Orders and Notices to
Proceed, Field Orders, Supplemental Instructions, Requests for Proposals,
and Detailed Scopes of Work.
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Project Manual Instructions To Bidders
6.2 JOC Project Manual, (Volume I): The JOC Project Manual contains bidding
information and requirements. contract forms, bonds and certificates, General
Conditions and JOC Supplemental Conditions of the Contract Documents.
6.3. Construction Task Catalog' (CTC), (Volume II): The CTC contains pricing
information for the work to be accomplished and for the unit of measure
specified.
6.4. The Technical Specifications (Volume III): The Technical Specifications are
numbered and organized in the Construction Specification Institute's (CSI)
master format. The intent of these specifications is to furnish concise industry
and commercial standards for maintenance or repair of City facilities.
6.5. Other documents and standards referenced in the Contract Documents:
Whenever standards or specifications of other agencies or departments,
authorities, etc. are referred to, they shall be the version in effect at the time
of receiving Price Proposals, unless the date of a specific version is contained
in the reference.
6.6. Design and Specification References:
6.6.1. Florida Department of Transportation Standards (Latest Edition);
6.6.2. Metro-Dade Design and Construction Standard Specification & Details;
6.6.3. Standard Plans for Public Works (American Work Association):
6.6.4. Greenbook Standard Specification (American Work Association);
6.6.5. City of Miami Beach General ROW Program Design Policies February
2004 as amended, and
fi.6.6. Public Works Manual and Standard Details 2007.
7. Location of Work
7.1 All work will be within the City limits of Miami Beach and individual projects
will be assigned as determined by the City.
8. Abbreviations and Symbols
8.1. The abbreviations used throughout the Contract Documents are defined
hereinafter in the Construction Task Catalog and/or Technical Specifications.
9. Pre-Bid Interpretations
9.1. Only questions answered by written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect. All questions about
the meaning or intent of the Contract Documents are to be directed to the
City's Procurement Director in writing. Interpretations or clarifications
considered necessary by the City's Procurement Director in response to such
questions will be issued by City by means of Addenda mailed or delivered to
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Project Manual Instructions To Bidders
all parties recorded by the City's Procurement Director as having received the
Bidding Documents. Written questions should be received no less than ten
(10) calendar days prior to the date of the opening of Bids. There shall be no
obligation on the part of City or the City's Procurement Director to respond to
questions received less than ten (10) calendar days prior to bid opening.
10. Submitting Bids
10.1. All bids must be received in the Procurement Division, City of Miami Beach,
1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139,
before the time and date specified for bid opening, enclosed in a sealed
envelope, and legibly marked on the outside. A bid package shall consist of
one (1) original printed copy, ten (10) duplicate copies and one (1) electronic
copy (CD). A complete and separate bid package must be submitted for each
contract that the Contractor wishes to bid:
JOC BID FOR ITB NO:
JOC BID FOR ITB TITLE:
11. Printed Form of Bid
11.1. All Bids must be made upon the blank Bid/Tender Form (Form 00900). The
Bid must be signed and acknowledged by the Bidder in accordance with the
directions on the Bid/Tender Form.
12. Bid Guaranty
12.1. A bid guaranty for all JOC contracts is required in the amount of $20,000.00.
Each bid must be accompanied by a certified check of the Bidder, bid bond
duly executed by the Bidder as principal, and having as surety thereon a
surety company authorized to do business in the State of Florida and
approved by the City, money order, Letter of Credit, or other form acceptable
to the City. Such checks or bid bonds shall be returned to all Bidders not
receiving the award after the City and the accepted Bidder have executed the
Contract. Or, if no Contract has been executed, within one hundred eighty
days (180) days after the opening of bids, upon demand of the Bidder at any
time thereafter so long as such Bidder has not been notified of the
acceptance of such bid. Form of Bid Guaranty must be in a form acceptable
to the City.
13. Acceptance or Rejection of Bids
13.1. The City reserves the right to reject any or all bids prior to award. Reasonable
efforts will be made to either award the Contract or reject all bids within ninety
(90) calendar days after bid opening date. A Bidder may not withdraw its bid
unilaterally nor change the Award Criteria Figure before the expiration of one
hundred eighty (180) calendar days from the date of Bid opening. A Bidder
may withdraw its Bid after the expiration of one hundred eight (180) calendar
days from the date of Bid opening by delivering written notice of withdrawal to
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Project Manual Instructions To Bidders
the Purchasing Division prior to award of the Contract by the City
Commission. The City reserves the right to award additional contracts under
this solicitation if it is determined to be in the City's best interest for a period of
one hundred and eighty (180) calendar days following the opening of Bids.
14. Determination of Awards
14.1. The City Commission shall award the contract to the lowest and best bidder.
In determining the lowest and best bidder, the following shall be considered,
along with the bid submittal documents.
a) The ability, capacity, and skill of the bidder to perform the Contract.
b) Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c) The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
d) The quality and performance of previous contracts,
e) The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
f) The lowest Bid will be determined by the Award Criteria Figure on the
Bid/Tender Form contained herein. The Adjustment Factors will have
the following weighted percentages: 80% of the work is to be
accomplished Normal Working Hours: 10% of the work will be
accomplished during Other Than Normal Working Hours; and 10% will
be Non Prepriced Work Tasks. These (3) three Adjustment Factors will
be multiplied by the percentages above and then summed as an
Award Criteria Figure.
14.2. Technical Review Panel Selection Criteria /Selection Process
In determining the lowest and best Bidder(s), the following process will be
used.
a) Invitation To Bid issued:
b) Pre-Bid Meeting;
c) Receipt of Bids;
d) Opening and listing of all bids received;
e) A Technical Review Panel ("Panel') shall meet to evaluate each bid in
accordance with the requirements of ITB No. 22-08!09, ITB No. 23-
08/09, ITB No. 24-08!09, ITB No. 25-08!09. ITB No. 26-08109, and ITB
No. 27-08/09. If further information is desired, Bidders may be
requested to make additional written submissions for clarification
purposes only.
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Manual Instructions To Bidders
The Panel will evaluate all responsive bidders and will provide its
recommended ranking to the City Manager. The Panel's ranking will be
based on the following:
Qualifications Statement /Client References 'i 10 points
/ Sample Projects i
Pertormance Surveys 10 points -'~
Interview with Key Personnel 20 points j
Award Criteria Figure 60 points
After considering the recommendation(s) of the Panel, the City Manager shall
recommend to the Mayor and City Commission the bid(s) that the City
Manager deems to be in the best interest of the City. unless only one bid
response is received. If only one bid is received. then the City Manager,
without any action by the Mayor and City Commission, has the authority,
pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of
the following options:
1) Reject the bid and, if he determines that same is in the best
interest of the City, re-advertise the item for bidding; or
2) Request that the Mayor and City Commission make additional
funds available and proceed to negotiate an agreement with the
sole bidder; or
3) Negotiate an agreement with the lowest and best bidder
exceeding the budgeted amount of the work. If the City Manager
is unable to successfully negotiate an agreement with the lowest
and best bidder, the City Manager may terminate negotiations
with such bidder and commence negotiations with the second
lowest and best bidder. If the City Manager is unable to
successfully negotiate an agreement with the second lowest
and best bidder, then the City Manager may terminate
negotiations with the second lowest and best bidder and
commence negotiations with the third lowest and best bidder.
The City Commission shall consider the City Manager's recommendation(s)
and, may approve or reject the City Manager's recommendation(s) In any
case, the Mayor and City Commission shall select and authorize negotiations
with the bidder(s) which the Mayor and Commission deem to be in the best
interest of the City. The City Commission may also reject all bids received.
The selection or approval by the City Commission shall not constitute a
binding contract between the City and the selected or approved bidder(s). A
binding contract will exist upon the completion of successful negotiations as
determined by the Administration, the City Attorney's Office form approving
the contract or contracts, and then the Mayor and City Clerk signing the
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Project Manual Instructions To Bidders
contract(s) after the selected or approved bidder(s) has (or have) done so.
Only the executed contract(s) will be binding on the contracting pzrties.
14.3. Bid Submission Requirements
The following information must be submitted with vour bid response
00900 Bid/Tender Form
Bid Guaranty (00913, 00917 or other form acceptable to the City)
The followina information should be submitted with vour bid response:
00901 Supplement to Bid/Tender Form
00902 Nan-Collusion Certificate
00903 Drug Free Workplace Certificate
00904 Trench Safety Act
00907 Declaration of Non-Discrimination in Contracts & Benefits
00908 Qualification Statement
00910 Bidders Past Projects -Customer Reference List (5 completed
projects)
If the Bidder wishes to submit the following form for evaluation by the City. the
following information must be submitted directly to the Citv. from current or
previous clients, on or prior to the bid submittal date:
00909 Performance Evaluation Surveys - Previous submittals to the
Procurement Office are valid for a period of one (1) year. Any Performance
Evaluation Survey dated April 24, 2008 or earlier will not be considered.
14.3.1. Contents of Bid Package
Bid packages must contain the following documents, each fully
completed, and signed as required- Bidders are to submit one (1)
original, ten (10) duplicate copies and one {1) electronic copy (CD) of
all the bid documentation. Bid packages which do not include all
required documentation, or are not submitted in the required format,
or do not have the appropriate signatures on each document, may be
deemed in the City's sole discretion to be non-responsive. The City
reserves the right to request any documentation omitted, with
exception of the Bid Guaranty and Bid/Tender Form. The Bid
Guaranty and Bid/Tender Form must be submitted with the Bid
submission by the due date and time. Bidder must submit the omitted
documentation within three (3) calendar days upon request from the
City, or the bid shall be deemed non-responsive. Non-responsive bid
packages will receive no further consideration.
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Instructions To Bidders
14.3.2. Identification Page and Table of Contents
Bidder shall provide an Identification Page including the following
information:
a) Name of Bidder. (Note: if co venture, specify)
b) Address of submitting Bidder. (Note: if co venture, specify)
c) E-mail address for the appropriate contact person at the
submitting company.
d) Phone number and facsimile number of submitting Bidder.
e) Federal Tax Identification Number for submitting Bidder.
f) Declaration regarding company organization, whether as
Corporation, Partnership, or other. (Note: if co venture, specify)
g) Signature of an officer or other individual of the submitting
Bidder who has the authority to bind said Bidder.
h) Printed name of the authorized signing officer or other
individual.
i) Title of the authorized signing officer.
j) Date of signature.
k) Table of Contents.
14.3.3. Qualification of the Contractor's Team
It is a requirement of the bid that the Bidder staff the project with
competent individuals and qualified supervisory personnel. To that
end, the Bidder shall provide:
a. An organizational chart listing the proposed key personnel, their
qualifications and their roles in the project, resumes which shall
include educational background, work experience, employment
history, and any other pertinent information. Where applicable,
Bidder team members shall also submit current and valid
certifications andlor licenses for their individual scope of
supervision. At a minimum, the bidder shall include the following
proposed project team members:
1. Construction Project Manager
2, Construction Superintendent
3. Estimator
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Manual Instructions To Bidders
b. A staffing plan that clearly illustrates the key elements of the
proposed organizational structure. The staffing plan should
indicate the availability of the personnel proposed to work on the
Project. The staffing plan should also indicate the name of the
individual who will serve as the primary contact with City. Bidder
shall clearly detail the role of all Sub-contractors proposed for
the Project.
14.3.4. Past Performance
Each Bidder shall provide proof of successful project completions for
projects comparative in complexity as outlined on this bid. Please
provide your client with the Performance Evaluation Letter and
Survey attached herein as Form 00909, and request That your client
submit the completed survey to Gus Lopez, Procurement Director via
e-mail to quslooezta7miamibeachfl.oov. The Citv will not accept Client
Surveys being sent to our office from the office of the bidder, Surveys
must be sent to Procurement from your client's office(s), Bidders are
responsible for making sure their clients return the Performance
Evaluation Surveys to the City on or prior to the bid submittal date.
The City reserves the right to verify and confirm any information
submitted in this process. Such verification may include, but is not
limited to, speaking with current and former clients, review of relevant
client documentation, site-visitation, and other independent
confirmation of data.
In addition to the above process requirement, each bidder must
provide 5 sample projects with its bid:
Please use Form 00910 herein to articulate all information requested
in reference to the construction work provided on the 5 sample
projects.
14.3.5. Award Criteria Figure
Bidders are required to submit their bid using Form 00900 -
Bid/Tender Form herein. Bidders are to submit this form with its bid in
a sealed envelope. Labeling the sealed envelope with your
company's name is permitted.
15. Evaluation
15.1. The contractor will be evaluated on each individual Job Order. Results of the
evaluation will impact the issuance of future Job Orders and option terms.
16. Contract Price
16.1. For bidding purposes, the Award Criteria Figure is the Contract Price. For
individual Job Order pricing purposes, the Job Order Amount is the Contract
Price. Adjustment Factors include the furnishing of all labor, materials,
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Project Manual Instructions To Bidders
equipment including tools, services. obtaining permits, applicable taxes,
scope documentation services, overhead and profit for the completion of each
Job Order. The cost of any item(s) of Work not covered by a specific Contract
unit price shall be treated as a Non Prepriced item and the procedure for
ordering these tasks are outlined in Article 11 of the JOC Supplemental
Conditions.
17. Environmental Regulations
17.1. The City reserves the right to consider a Bidder's history of citations and/or
violations of environmental regulations in investigating a Bidder's
responsibility, and further reserves the right to declare a Bidder not
responsible if the history of the violations warrant such determination in the
opinion of the City. Bidder shall submit with its Bid, a complete history of all
citations and/or violations, notices and dispositions thereof. The non-
submission of any such documentation shall be deemed to be an affirmation
by the bidder that there are no citations or violations. Bidder shall notify the
City immediately of notice of any citation or violation which Bidder may
receive after the Bid opening date and during the time of performance of any
contract awarded to it.
18. Protested Solicitation Award
18.1. Bidders that are selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344
which establishes procedures for resulting protested bids and proposed
awards. Protest not timely pursuant to the requirements of Ordinance
No. 2002-3344 shall be barred.
19. Postponement of Date for Presenting and Opening of Bids
19.1. The City reserves the right to postpone the date for receipt and opening of
bids and will make a reasonable effort to give at least seven (7) calendar
day's written notice of any such postponement to each prospective Bidder.
20. Qualifications of Bidders
20.1. Contractors bidding on ITB No. 22-08!09 -VERTICAL CITYWIDE contract
must have a valid State Certified General Contractors License and/or State
Registered General Contractor License and have a minimum of five (5) years
of documented experience in general construction,
Contractors bidding on ITB No. 23-08/09 -HORIZONTAL ROW contract must
have a valid State Certified General Contractors License, State Registered
General Contractor License. and/or Engineering License issued by Miami-
Dade County with a minimum of five (5) years of documented experience in
site/civil/utilities and Right-of-Way projects.
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Project Manual Instructions To Bidders
Contractors bidding on ITB No. 24-08/09 -ELECTRICAL contract must have
a valid State Certified Electrical Contractor License and/or State Registered
Electrical Contractor License with a minimum of five (5) years of documented
experience in electrical construction.
Contractors bidding on a ITB No. 25-08109 -MECHANICAL contract must
have a valid State Certified Mechanical License, State Registered Mechanical
License, State Certified Air Conditioning License, and/or State Registered Air
Conditioning License with a minimum of five (5) years of documented
experience in mechanical construction.
Contractors bidding on ITB No. 26-08109 -WATERPROOFING/PAINTING
contract must have a valid State Certified General Contractor License and/or
State Registered General Contractor License with a minimum of five (5) years
of documented experience in waterproofing construction.
Contractors bidding on ITB No. 27-08/09 -ROOFING contract must have a
valid State Certified Roofing License and/or State Registered Roofing License
with a minimum of five (5j years of documented experience in roofing
construction.
20.2. Bids shall be considered only from Contractors normally engaged in
performing the type of work specified within the Contract Documents. Bidder
must have adequate organization, facilities, equipment, and personnel to
ensure prompt and efficient service to City.
20.3. In determining a Bidder's responsibility and ability to perform the Contract.
City has the right to investigate and request information concerning the
financial condition, experience record, personnel, equipment, facilities.
principal business location and organization of the Bidder, the Bidder's record
with environmental regulations, and the claims/litigation history of the Bidder.
21. Addenda and Modifications
21.1. The City shall make reasonable efforts to issue addenda within seven (7)
calendar days prior to bid opening. All addenda and other modifications made
prior to the time and date of bid opening shall be issued as separate
documents identified as changes to the Project Manual.
22. Prevailing Wage Rates
22.1. On a Job Order by Job Order basis, the requirements, if any, for Davis Bacon
Wages will be discussed at the Joint Scope Meeting and identified in the
RFP These requirements, if any, must be incorporated into the Detailed
Scope of Work and displayed at the Job Site. Davis Bacon wages will only
apply for work which is federally funded and the wage decision will be
decided on a project by project basis. See 22.3 for applicable wage decisions.
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Project Manual Instructions To Bidders
22.2. Weekly payroll reports (WH347 or equivalent) are required to be submitted by
the Contractor and Subcontractors through the Contractor certifying that all
laborers and mechanics engaged in the construction of the project, including
those employed by Subcontractors, have been paid no less than the minimum
wage rates as listed on the wage decision.
22.3. The wage decisions for the base period of this contract are General Decision
Number FL2008 0001, Mod #9 issued January 23, 2009 by the Secretary of
Labor. (Building) and General Decision Number FL20080044 issued February
8, 2008 by the Secretary of Labor. (Highway).
APPLICABILITY
The wage decisions listed in Form 00920 and their related requirements shall
only apply to Job Orders Issued by the City for funded all or in part, directly or
indirectly, by monies provided by the federal government. Such applicability
shall be stated in the Request for Proposal (RFP) issued to the Contractor by
the Board and pertaining to each specific Job Order.
Wage decision changes, such as modifications and superseding decisions,
shall be effective, if published before the bids have been opened. If such
modifications or superseding decisions occur prior to Bid opening, an
Amendment to the Documents will be issued and the Bid opening postponed
as necessary.
Please note that the Contractor will be required to certify (by submission of
certified payroll documentation in the form and in the frequency as directed by
the City) that all laborers and mechanics engaged in the construction of the
Project (specific Job Order), including those employed by the subcontractors
(all tiers), have been paid at least the wage rate and benefits required by the
effective wage decision (current for the applicable Base Period or Option
period).
The above referenced wage decisions will be in effect for twelve (12) months
from the effective date of the Agreement. Thereafter, new wage decisions or
modifications thereto will be issued and effective at each annual anniversary
date of the Contract execution concurrent with the issuance of the Option.
The new wage decisions shall only apply to Request for Proposals (RFPs)
and associated Job Orders issued after the effective date (the anniversary
date of the Contract execution. The new wage decisions shall not impact on
contractual pricing or required wages for Job Orders issued prior to the
effective date.
23. Equals Benefit Ordinance
23.1. Bidders are advised that this Bid and any contract awarded pursuant to this
procurement process shall be subject to the applicable provisions of
Ordinance No. 2005-3494, entitled "Requirement for City Contractors to
Provide Equal Benefits for Domestic Partners (the "Ordinance") " The
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Ordinance applies to all employees of a Contractor who work within the city
limits of the City of Miami Beach, Florida; and the Contractor's employees
located in the United States, but outside of the City of Miami Beach limits,
who are directly performing work on the contract within the City of Miami
Beach.
All bidders shall complete and return, with their bid, the "Declaration: Non-
discrimination in Contracts and Benefits" form contained herein. The City shall
not enter into any contract unless the bidder certifies that such firm does not
discriminate in the provision of Benefits between employees with Domestic
Partners and employees with spouses and/or between the Domestic Partners
and spouses of such employees. Contractors may also comply with the
Ordinance by providing an employee with the Cash Equivalent of such Benefit
or Benefits, if the City Manager or his designee determines that the
successful bidder Contractor shall complete and return the "Reasonable
Measures Application" contained herein, and the Cash Equivalent proposed.
It is important to note that a bidder is considered in compliance if the bidder
provides benefits neither to employees' spouses nor to employees' Domestic
Partners.
Please see Form 00907: Nondiscrimination Declaration for a O & A of the
major points of the proposed Ordinance. Additionally, the following
documents need to be returned to the City with your bid:
Declaration: Nondiscrimination in Contracts and Benefits Form
Reasonable Measures Application Form
24. Proposed Equal Benefits Ordinance Summary
The foregoing analysis provides a summary of the major points of the proposed
Ordinance:
24.1, What is the intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business with
the City of Miami Beach, who are awarded a contract pursuant to competitive
bids, to provide "Equal Benefits" to their employees with Domestic Partners,
as they provide to employees with spouses.
24.2. How are "Equal Benefits" defined and what kind of "Benefits" does the
Ordinance cover?
"Equal Benefits" means that contractors doing business with the City who are
covered by the Ordinance shall be required to provide the same type of
benefits that they offer to employees and their spouses, to employees with
Domestic Partners.
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The type of "Benefits" defined by the Ordinance and which may be offered by
a contractor include: sick leave, bereavement leave, family medical leave,
and health benefits.
The "Benefits" defined in the Ordinance are the same type of benefits that the
City provides to Domestic Partners of City employees, pursuant to Section
62-128 of the City Code].
Notwithstanding the definition of "Benefits" in the Ordinance, to comply with
the Ordinance a Contractor is not required to provide all the above-described
benefits. Contractors are only required to offer the same type of Benefits they
offer to their employees with spouses, to employees with Domestic Partners.
Additionally, a Contractor who offers no benefits to employees or their
spouses, would not be required to offer any benefits to employees with
Domestic Partners (and would still be in compliance with the Ordinance).]
24.3. Who is considered a "Domestic Partner" under the Ordinance?
A "Domestic Partner' shall mean any two (2) adults of the same or different
sex who have registered as domestic partners with a government body
pursuant to state or local law authorizing such registration, or with an internal
registry maintained by the employer of at least one of the domestic partners.
24.4. What type of Contracts and/or which Contractors are covered by the
Ordinance?
The Ordinance only applies to the following:
a) Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.).
b) Contracts valued at over $100.000.
c) Contractors who maintain 51 or more full time employees on their
payrolls during 20 or more calendar work weeks in either the current or
the preceding calendar year.
d) Contractors covered by the Ordinance are only required to comply as to
employees who: 1) either work within the City limits of the City of Miami
Beach; or 2) the contractor's employees located in the United States, but
outside of the City limits, only if those employees are directly performing
work on the City contract (covered by the Ordinance).
24.5. In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
a) The City contract has been has been entered into prior to the effective
date of the Ordinance (including renewal terms contained in such
contracts).
b) The City contract is not competitively bid.
c) The City contract is valued at less than $100,000.
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d) The contractor has less than 51 employees.
e) The contractor does not provide Benefits either to employees' spouses
or to employees' Domestic Partners.
f) The contractor is a religious organization, association, society or any
nonprofit charitable or educational institution or organization operated,
supervised or controlled by or in conjunction with a religious
organization, association or society.
g) The contractor is another government entity.
The following City contracts are not covered by the Ordinance
a) Contracts for sale or lease of City property.
b) Development Agreements.
c) Contracts/grants for CDBG, HOME, SHIP, and Surtax funds
administered by the City's Office of Community Development.
d) Culinary Arts Council grants.
e) Contracts for professional A/E, landscape AlE. or survey and mapping
services procured pursuant to Chapter 287.055, Florida Statutes ("The
Consultants Competitive Negotiation Act".
f) Contracts for the procurement of life, health, accident, hospitalization,
legal expense, annuity insurance, or any and all other kinds of insurance
for the officers and employees of the City and their dependents, from a
group insurance plan.
The Ordinance provides, upon written recommendation of the City Manager,
that the City Commission may, by 5/7ths vote, waive application of the
Ordinance for the following:
a) Emergency contracts.
b) Contracts where only one bid response is received.
c) Contracts where more than one bid response is received, but none of
the bidders can comply with the requirements of the Ordinance.
The City's ability to apply the Ordinance may also be preempted in instances
where the Ordinance impacts health, retirement, or pension program which
fall within the jurisdiction of the Employee Retirement Income Security Act
(FRIBA), and may under certain circumstances be held invalid under Federal
preemption.
How is the Ordinance enforced by the City?
a) City contracts that are covered by the Ordinance shall notify potential
bidders/proposers of the Ordinance and its requirements in the issuer
bid documents.
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b) At the time of entering into the contract with the City. the proposed City
contractor shall certify to the City that it intends to provide Equal
Benefits, along with the description of its employee benefits plan, which
needs to be delivered to the Procurement Director prior to entering into
the contract.
i. The City has the ongoing right to investigatelaudit contracts for
compliance with the provisions of the Ordinance.
li. The contractor is required to post notice to its employees at its place
of business that it provides Equal Benefits.
24.6. Is there another way for a Contractor who does not provide Equal Benefits to
comply with the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet
unsuccessful effort to provide Equal Benefits: it can still comply with the
Ordinance by providing an employee with the "Cash Equivalent" of the similar
benefit(s) offered to the contractors employees and their spouses.
24.7. What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Ordinance may
result in the following:
a) Breach/default under the contract.
b) Termination of the contract.
c) Monies due under the contract may be retained by the City until
compliance is achieved.
d) Debarment of contractors from City work, as prescribed by the City
Code.
25. Debarment
25.1. The Bidder/Contractor certifies that it is not currently debarred, suspended or
otherwise excluded or ineligible to participate in either solicitations issued by
the Federal Government or transactions with the Federal Government.
Furthermore the Bidder/Contactor agrees not to enter into any lower tier
transactions/subcontracts with any party who is debarred, suspended or
otherwise excluded or ineligible to participate in either solicitations issued by
the Federal Government or transactions with the Federal Government; and to
include this clause in all of its lower tier transactions/subcontracts.
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00400 General Conditions
1. Project Manual
1.1. Order of Precedence of the Component Parts of the Contract Documents:
1.2. In the event of a conflict between different parts of the Contract Documents;
the order of precedence of the component parts of the Contract Documents
shall be as follows:
1.2.1. Project Manual, Volume I;
1.2.2. Addenda if any;
1.2.3. The Job Order:
1.2.4. Detailed Scope of Work, RFP, Plans and Drawings, if any
1.2.5. Construction Task Catalog, Volume II:
1.2.6. Standard Specification of the City, State or Federal Government, if any;
1.2.7. Technical Specifications, Volume III;
1.2.8. Proposal and Acceptance Forms;
1.2.9. Invitation To Bid:
1.2.10. Bonds;
1.2.11. Insurance.
1.3. The Project Manual includes General Conditions and JOC Supplemental
Conditions.
1.4. The Project Manual, along with all documents that make up and constitute the
Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when City and/or Program
Manager may authorize; in writing, an exception.
1.5. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by the City and/or Program Manager. Contractor shall not proceed
when in doubt as to any dimension or measurement, but shall seek
clarification from the City and/or Program Manager.
1.6. Contractor shall be furnished, for a fee of 520.00. all documents on CD-ROM.
2. Intention of City
2.1. It is the intent of City to describe in the Contract Documents a functionally
complete JOC procurement system, to be performed in accordance with the
Contract Documents and in accordance with all codes and regulations
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governing construction of the Project (including, without limitation, any and all
applicable Laws, as defined herein). Any work, materials or equipment that
may reasonably be inferred from the Contract Documents as being required
to produce the intended result shall be supplied by Contractor whether or not
specifically called for. When words which have awell-known technical or
trade meaning are used to describe work, materials or equipment, such words
shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority,
whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code or laws or regulations in effect at the
time of opening of bids and Contractor shall comply therewith. City shall have
no duties other than those duties and obligations expressly set forth within the
Contract Documents.
3. Preliminary Matters
3.1. At a time specified by the City and/or Program Manager but before Contractor
starts the work at the Project Site, a conference attended by Contractor, City
and/or Program Manager and others as deemed appropriate by the Contract
Administrator, will be held to discuss the schedule, Shop Drawings other
submittals, safety, site access and other issues as required to establish a
clear understanding of the construction operations.
4. Performance Bond and Payment Bond
Within fifteen (15) calendar days of being notified of the award, Contractor shall
furnish a Performance Bond and a Payment Bond containing all the provisions of the
Performance Bond and Payment Bond attached hereto as Forms 00914 and 00915.
4.1. Each Bond shall be in the amount of an initial Two Million Dollars
($2,000,000) for ITB No, 23-08/09 -HORIZONTAL ROW guaranteeing to City
the completion and performance of the work covered in such Contract as well
as full payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project. Each Bond shall be with a surety company which is
qualified pursuant to Article 5 hereof.
4.2. Both Performance and Payment Bonds will be active for the duration of the
term of the original contract, all options to renew, and shall remain in force for
one (1) year from the date of Final Acceptance of the Work to be completed.
Bonds and issuing agents are subject to review and acceptance by the City.
An irrevocable Letter of Credit (LOC), a certified check or cashier's check, a
money order or cash, in the same amount as the Bonds, will be accepted in
lieu of either or both of the required Bonds, subject to review and acceptance
by the City.
If for any reason, such bond amounts cease to be adequate to cover the
dollar value of Job Orders issued and/or uncompleted Work, the Contractor
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shall, at its own expense, furnish additional bonds (or other financial
instruments acceptable to the City) in an amount that covers the dollar value
of Job Orders issued and/or uncompleted Work. In such event, no further
payments to the Contractor shall be deemed to be due, or new Job Orders
issued under the Contract, until such new or additional security for faithful
performance and payment is furnished by the Contractor in the amount.
manner and form satisfactory to the City.
The Contractor shall incorporate all costs for complying with the Payment and
Performance Bond requirements of the Contract in its overhead assumptions
and calculations incorporated into its Adjustment Factors at the time of bid.
No other means of compensation shall be provided to the Contractor for the
compliance with the Contracts bonding requirements.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as
may be amended from time to time. Contractor shall ensure that the bond(s)
referenced above shall be recorded in the public records of Miami-Dade
County and provide City with evidence of such recording.
4.4. Alternate Form of Security: In lieu of a Performance Bond (Form 00914) and
a Payment Bond (Form 00915), Contractor may furnish alternate forms of
security which may be in the form of a Unconditional Letter of Credit in the
form attached hereto as Form 00918. Such alternate form of security shall be
subject to the prior approval of City and for same purpose and shall be
subject to the same conditions as those applicable above and shall be held by
City for one year after completion and acceptance of the Work.
5. Qualification of Surety
5.1. Performance Bonds and Payment Bonds:
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as surety,
having a resident agent in the State of Florida and having been in
business with a record of successful continuous operation for at least
five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United States
Department of Treasury Circular 570, Current Revisions. If the amount
of the Bond exceeds the underwriting limitation set forth in the circular,
in order to qualify. the net retention of the surety company shall not
exceed the underwriting limitation in the circular, and the excess risks
must be protected by coinsurance, reinsurance. or other methods in
accordance with Treasury Circular 297, revised September 1, 1978 (31
DFR Section 223.10, Section 223.111). Further, the surety company
shall provide City with evidence satisfactory to City, that such excess
risk has been protected in an acceptable manner.
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5.1.3. The City will accept a surety bond from a company with a rating of B+
or better for bonds up to $2 million, provided. however, that if any
surety company appears on the watch list that is published quarterly by
Intercom of the Office of the Florida Insurance Commissioner, the City
shall review and either accept or reject the surety company based on
the financial information available to the City. A surety company that is
rejected by the City may be substituted by the Bidder or proposer with
a surety company acceptable to the City. only if the bid amount does
not increase. The following sets forth, in general, the acceptable
parameters for bonds:
:. •. ..-
•..
$500,000 to $1.000,000 _ B+ Cfass
$1,000,001 to $2,000,000 B+ Class II _
$2 000.001 to $5,000,000 A Class 111
$5,000,001 to $10,000,000 A Class IV
$10,000,001 to $25,000 000 A Class_V
$25,000,001 to $50,000 000 A Class VI
550,000,001 or more A Class_VII
6. Indemnification
6.1. Contractor shall indemnify and hold harmless City, its officers, agents,
directors, and employees, from liabilities, damages, losses, and costs.
including, but not limited to reasonable attorneys fees, to the extent caused
by the negligence, recklessness or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the
performance of any work and/or services under the Contract Documents
(including. without limitation, the detailed Scope of Work under any individual
Job Order). Except as specifically provided herein, Contractor shall not be
required to indemnify City. its employees, officers, directors, or agents from
any liability, damage, loss; claim, action, or proceeding caused solely by the
gross negligence or wishful misconduct of the City, its employees, officers,
directors. or agents. This indemnification shall survive the Contract Term or
any Renewal Term, as the case may be. In the event that any action or
proceeding is brought against City by reason of any such claim or demand,
Contractor shall, upon written notice from City, resist and defend such action
or proceeding by counsel satisfactory to City.
6.2 The indemnification provided above shall obligate Contractor to defend at its
own expense to and through appellate, supplemental or bankruptcy
proceeding, or to provide for such defense, at City's option, any and all claims
of liability and all suits and actions of every name and description covered by
Section 6.1 above which may be brought against City whether performed by
Contractor, or persons employed or utilized by Contractor.
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7. Insurance
7.1. Without limiting any of the other obligations or liabilities of Contractor.
Contractor shall provide, pay for, and maintain in force throughout the
Contract Term and Renewal Term (or until all work and/or services to be
provided under this Contract has been completed and accepted by City,
whichever is later), the insurance coverage's set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies) must
include:
7.1.1.1. Employers' Liability with a limit of $500,000 each accident.
7.1.1.2. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U S.
Longshoremen 8 Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of $1,000,000
($1,000,000} per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability, Coverage must be afforded on
a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
7.1.2.1. Premises and/or Operations
7.1.2.2. Independent Contractors
7.1.2.3. Products and/or Completed Operations for contracts over
Fifty Thousand Dollars ($50,000AO) Contractor shall
maintain in force until at least three years after completion of
all work required under the Contract, coverage for Products
and Completed Operations, including Broad Form Property
Damage.
7.1.2.4. Explosion, Collapse and Underground Coverages.
7.1.2.5. Broad Form Property Damage.
7.1.2.6. Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
7.1.2.7. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal
to those required for Bodily Injury Liability and Property
Damage Liability.
7.1.2.8. City is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for City
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by or on behalf of Contractor or acts or omissions of
Contractor in connection with general supervision of such
operation.
7.1.3. Business Automobile Liability with minimum limits of One Million
($1,000,000) per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office and must include:
7.1.3.1, Owned Vehicles
7.1.3.2. Hired and Non-Owned Vehicles
7.1.3.3. Employers' Non-Ownership
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be fumished at least thirty (30) days prior to the date
of their expiration.
7.3 Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to
provide City with at least thirty (30) days notice of cancellation and/or
restriction.
7.4. Contractor shall furnish to the City's Risk Manager Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within
fifteen (15) calendar days after notification of award of the Contract. The
required Certificates of Insurance shall name the types of policies provided,
refer specifically to this Contract, and state that such insurance is as required
by this Contract. The Certificate of Insurance shall be in form similar to and
contain the information set forth in Form 00912.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This official
title shall be used in all insurance documentation.
7.6. Additional or Replacement Bond: It is further mutually agreed between the
parties hereto that if, at any time, the City shall deem the surety or sureties
upon any bond to be unsatisfactory, or if, for any reason, such bond (because
of increases in the work or otherwise) ceases to be adequate, the Contractor
shall, at its expense within five (5) days after the receipt of notice from the
City to do so, furnish an additional or replacement bond or bonds in such
form. amount, and with such surety or sureties as shall be satisfactory to the
City. There shall be no Lapse in surety coverage and failure to do so shall be a
material breach of this Contract. In such event, no further payments to the
Contractor shall be deemed to be due under this Contract until such new or
additional security for the faithful performance of the work shall be furnished
in manner and form satisfactory to the Board.
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7.7. Professional Liability Insurance: If the Work under a particular Job Order
includes professional services which require permittable signed and sealed
scope documents, then the Contractor at that point shall provide evidence of
Professional Liability Insurance from the Architect/Engineer of record with
policy limits no less than 8250,000 per claim. Evidence of said Professional
Liability Insurance shall be submitted to the City prior to the commencement
of the professional service,
B. Labor and Materials
8.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and
other facilities and services necessary for the proper execution and
completion of the Work. whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work.
8.2. Contractor shall at all times enforce strict discipline and good order among its
employees and subcontractors at the Project site and shall not employ on the
Project any unfit person or anyone not skilled in the work to which they are
assigned.
9. "Or Equal" Clause
9.1. Whenever a material, article or piece of equipment is identified in the Contract
Documents including plans and specification by reference to manufacturers'
or vendors' names, trade names, catalog numbers, or otherwise, City,
through Consultant, will have made its best effort to name at least three (3)
such references. Any such references is intended merely to establish
standard: and, unless it is followed by the words "no substitution is permitted"
because of form. fit, function and quality, any material, article, or equipment of
other manufactures and vendors which will perform or serve the requirements
of the general design will be considered equally acceptable provided the
materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function. Any request for
substitution must be made to the City for approval.
10. Royalties and Patents
10.1, All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work
or appurtenances, are hereby included in the prices stipulated in this Contract
for said work.
11 Weather
11.1. Extensions to the Job Order Completion Time for delays caused by the
effects of inclement weather shall be submitted as a request for a change in
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the Job Order Completion Time pursuant to Article 40. These time extensions
are justified only when rains or other inclement weather conditions or related
adverse soil conditions prevent Contractor from productively performing
controlling items of work identified on the accepted schedule or updates
resulting in.
11.1.1, Contractor being unable to work at least fifty percent (50%) of the
normal work day on controlling items of work identified on the
accepted schedule or updates due to adverse weather conditions; or
11.1.2. Contractor must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to
perform or neglect by Contractor, and providing that Contractor was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or
updates.
12. Permits: Licenses and Impact Fees
12.1. Except as otherwise provided within the Project Manual, all permits and
licenses required by federal, State or local laws, rules and regulations
necessary for the prosecution of the Work undertaken by Contractor pursuant
to this Contract shall be secured and paid for by Contractor, Building, Public
Works, Zoning, DERM, Permits or any associated fees to be filed or required
shall be reimbursed by the City for the cost of the Permit/Fee only as a
Reimbursable Task, task at an Adjustment Factor of 1.0000 with no marked-
ups. The cost for obtaining the Permits is to be included in the Contractor's
Adjustment Factor. It is Contractor's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be performed
and valid for the jurisdiction in which the Work is to be performed for all
persons working on the Project for whom a Certificate of Competency is
required.
12.2. Impact fees levied by the City andlor Miami-Dade County shall be paid by
Contractor. Contractor shall be reimbursed only for the actual amount of the
impact fee levied by the municipality as evidenced by an invoice or other
acceptable documentation issued by the municipality and submitted to City as
Reimbursable Task at an Adjustment Factor of 1.0000 with no marked-ups.
Reimbursement to Contractor in no event shall include profit or overhead of
Contractor.
13 Resolution of Disputes
13,1. To prevent all disputes and litigation. it is agreed by the parties hereto that the
City shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract
Documents and fulfillment of this Contract as to the character, quality, amount
and value of any work done and materials furnished, or proposed to be done
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or furnished under or, by reason of, the Contract Documents and City's
estimates and decisions upon all claims, questions, difficulties and disputes
shall be final and binding to the extent provided in Section 13.2. Any claim,
question, difficulty or dispute which cannot be resolved by mutual agreement
of City and Contractor shall be submitted to Contract Administrator in writing
within twenty-one (21) calendar days. Unless a different period of time is set
forth herein, Contract Administrator shall notify City and Contractor in writing
of his decision within twenty-one (21) calendar days from the date of the
submission of the claim, question, difficulty or dispute, unless Contract
Administrator requires additional time to gather information or allow the
parties to provide additional information. All non-technical administrative
disputes shall be determined by the Contract Administrator pursuant to the
time periods provided herein. During the pendency of any dispute and after a
determination thereof, Contractor. Contract Administrator and City shall act in
good faith to mitigate any potential damages including utilization of
construction schedule changes and alternate means of construction.
13.2. In the event the determination of a dispute under this Article is unacceptable
to either party hereto, the party objecting to the determination must notify the
other party in writing within ten (10) days of receipt of the written
determination. The notice must state the basis of the objection and must be
accompanied by a statement that any Job Order Amount adjustment claimed
is the entire adjustment to which the objecting party has reason to believe it is
entitled to as a result of the determination. Within sixty (60) days after Final
Completion of the Work, the parties shall participate in mediation to address
all objections to any determinations hereunder and to attempt to prevent
litigation. The mediator shall be mutually agreed upon by the parties. Should
any objection not be resolved in mediation, the parties retain all their legal
rights and remedies provided under State law. A party objecting to a
determination specifically waives all of its rights provided hereunder, including
its rights and remedies under State law, if said party fails to comply in strict
accordance with the requirements of this Article.
14. Inspection of Work
14.1. City and/or Program Manager shall at all times have access to the Work, and
Contractor shall provide proper facilities for such access and for inspecting,
measuring and testing.
14.1.1. Should the Contract Documents, City and/or Program Manager
instructions, any laws, ordinances, or any public authority require
any of the Work to be specially tested or approved, Contractor shall
give City and/or Program Manager timely notice of readiness of the
Work for testing. If the testing or approval is to be made by an
authority other than City, timely notice shall be given of the date
fixed for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should be
covered up without approval or consent of City and/or Program
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General Conditions
Manager, it must, if required by City and/or Program Manager, be
uncovered for examination and properly restored at Contractor's
expense.
14.1.2. Re-examination of any of the Work may be ordered by the City
and/or Program Manager with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered by
Contractor. If such Work is found to be in accordance with the
Contract Documents. City shall pay the cost of reexamination and
replacement by means of a Supplemental Job Order. If such Work is
not in accordance with the Contract Documents, Contractor shall
pay such cost.
14.2. Inspectors shall have no authority to permit deviations from, or to relax any of
the provisions of, the Contract Documents or to delay the Contract by failure
to inspect the materials and work with reasonable promptness without the
written permission or instruction of the City and/or Program Manager.
14.3. The payment of any compensation, whatever may be its character or form, or
the giving of any gratuity or the granting of any favor by Contractor to any
inspector. directly or indirectly, is strictly prohibited, and any such act on the
part of Contractor will constitute a breach of this Contract.
15. Superintendence and Supervision
15.1. The orders of City may be given through Program Manager, which
instructions are to be strictly and promptly followed in every case. Contractor
shall keep on the Project during its progress, afull-time competent English
speaking superintendent and any necessary assistants, all satisfactory to the
City and/or Program Manager for each Job Order issued. The superintendent
shall not be changed except with the written consent of the City and/or
Program Manager, unless the superintendent proves to be unsatisfactory to
Contractor and ceases to be in its employ. The superintendent shall represent
Contractor and all directions given to the superintendent shall be as binding
as if given to Contractor and will be confirmed in writing by the City and/or
Program Manager upon the written request of Contractor. Contractor shall
give efficient supervision to the Work, using its best skill and attention. The
Contractor shall keep on the Work the Superintendent at all times during the
working hours. The Superintendent shall be reachable 24 hours a day, seven
days a week. If the Superintendent is not available because of illness or
vacation or the like, the Contractor shall notify the City of the substitute
Superintendent.
15.2. Daily, Contractor's superintendent shall record, at a minimum. the following
information in a bound log: the day; date; weather conditions and how any
weather condition affected progress of the Work: time of commencement of
work for the day; the work being performed; materials, labor. personnel,
equipment and subcontractors at the Project site; visitors to the Project site,
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including representatives of, City and/or Program Manager, regulatory
representatives: any special or unusual conditions or occurrences
encountered; and the time of termination of work for the day. All information
shall be recorded in the daily log in ink. The daily log shall be kept on the
Project site and shall be available at all times for inspection and copying by
City and Program Manager.
15.3. The Contract Administrator, Contractor and Program Manager shall meet at
least weekly or as determined by the Contract Administrator, during the
course of the Work to review and agree upon the work performed to date and
to establish the controlling items of work for the next two weeks. The City
and/or Program Manager shall publish, keep, and distribute minutes and any
comments thereto of each such meeting.
15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy
between the Contract Documents and the physical conditions of the locality,
or any errors, omissions, or discrepancies in the Project Manual, it shall be
Contractor's duty to immediately inform the City and/or Program Manager. in
writing, and the City and/or Program Manager will promptly review the same.
Any work done after such discovery, until authorized, will be done at
Contractor's sole risk.
15.5. Contractor shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may
be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be solely responsible for the means, methods.
techniques, sequences and procedures of construction.
16. City's Right to Terminate Contract
16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the
Project Initiation Date, or fails to perform the Work with sufficient workers and
equipment or with sufficient materials to ensure the prompt completion of the
Work, or shall perform the Work unsuitably, or cause it to be rejected as
defective and unsuitable, or shall discontinue the prosecution of the Work
pursuant to the accepted schedule or if Contractor shall fail to perform any
material term set forth in the Contract Documents or if Contractor shall
become insolvent or be declared bankrupt, or commit any act of bankruptcy
or insolvency. or shall make an assignment for the benefit of creditors, or from
any other cause whatsoever shall not carry on the Work in an acceptable
manner, Contract Administrator may give notice in writing to Contractor and
its Surety of such delay. neglect or default, specifying the same. If Contractor,
within a period of five (5) calendar days after such notice, shall not proceed in
accordance therewith, then CITY may upon written certificate from Program
Manager of the fact of such delay. neglect or default and Contractor's failure
to comply with such notice, terminate the services of Contractor, exclude
Contractor from the Project site and take the prosecution of the Work out of
the hands of Contractor, and appropriate or use any or all materials and
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equipment on the Project site as may be suitable and acceptable. In such
case. Contractor shall not be entitled to receive any further payment until the
Project is completed. In addition City may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents: or use such other methods as in City's sole opinion
shall be required for the completion of the Project according to the terms and
provisions of the Contract Documents, or use such other methods as in City's
sole opinion shall be required for the completion of the Project in an
acceptable manner. All damages, costs and charges incurred by City,
together with the costs of completing the Project, shall be deducted from any
monies due or which may become due to Contractor. In case the damages
and expenses so incurred by City shall exceed the unpaid balance, then
Contractor shall be liable and shall pay to City the amount of said excess.
16.2. If after notice of termination of Contractor's right to proceed, it is determined
for any reason that Contractor was not in default, the rights and obligations of
City and Contractor shall be the same as if the notice of termination had been
issued pursuant to the Termination for Convenience clause as set forth in
Section 16.3 below.
16.3. This Contract in whole or any part of the Job Order may be terminated for
convenience in writing by City upon ten (10) days written notice to Contractor
(delivered by certified mail, return receipt requested) of intent to terminate and
the date on which such termination becomes effective. fn such case,
Contractor shall be paid for all work executed and expenses incurred prior to
termination in addition to termination settlement costs reasonably incurred by
Contractor relating to commitments which had become firm prior to the
termination, Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
16.4. Upon receipt of Notice of Termination pursuant to Sections 16.1 or 16.3
above, Contractor shall promptly discontinue all affected work unless the
Notice of Termination directs otherwise and deliver or otherwise make
available to City all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
17. Contractor's Right to Stop Work or Terminate Contract
17.1. Should City and/or Program Manager fail to review and approve or state in
writing reasons for non-approval of any Application for Payment within twenty
(20) days after it is presented, or if City fails either to pay Contractor within
thirty (30) days after presentation by Program Manager of any sum certified
by the City, or to notify Contractor and/or Program Manager in writing of any
objection to the Application for Payment, then Contractor may, give written
notice to City and/or Program Manager of such delay, neglect or default,
specifying the same. If City and/or Program Manager (where applicable).
August 2009 City of Miami Beach Page 46 of '177
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within a period of ten (10) calendar days after such notice shall not remedy
the delay, neglect, or default upon which the notice is based, then Contractor
may stop work or terminate this Contract or any part of the Job Order and
recover from City payment for all work executed and reasonable expenses
sustained therein plus reasonable termination expenses. Any objection made
by City to an Application for Payment shall be submitted to Contract
Administrator in accordance with the provisions of Article 13 hereof.
18. Assignment
18.1. Neither party hereto shall assign the Contract or any subcontract in whole or
in part without the written consent of the other, nor shall Contractor assign
any monies due or to become due to it hereunder, without the previous
written consent of the Mayor and City Commission.
19. Rights of Various Interests
19.1. Whenever work being done by City's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the
respective rights of the various interests involved shall be established by the
Contract Administrator to secure the completion of the various portions of the
work in general harmony.
20. Differing Site Conditions
20.1. In the event that during the course of the Work Contractor encounters
subsurface or concealed conditions at the Project site which differ materially
from those shown on the Contract Documents and/or the Detailed Scope of
Work and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or
unknown physical conditions of the Project site, of an unusual nature, which
differ materially from that ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents,
Contractor, without disturbing the conditions and before performing any work
affected by such conditions, shall, within twenty-four (24) hours of their
discovery, notify City and/or Program Manager in writing of the existence of
the aforesaid conditions. City and/or Program Manager shall, within two (2)
business days after receipt of Contractors written notice, investigate the site
conditions identified by Contractor. If, in the sole opinion of City and/or
Program Manager, the conditions do materially so differ and cause an
increase or decrease in Contractor's cost of the original Detailed Scope of
Work, or the time required for. the performance of any part of the Work,
whether or not charged as a result of the conditions, City and/or Project
Manual. Program Manager shall recommend an equitable adjustment to the
Job Order by initiating a Supplemental Job Order based on the new Detailed
Scope of Work, or adjusting the Job Order Completion Time, or both. If City
and/or Program Manager and Contractor cannot agree on an adjustment in
the Supplemental Job Order or Job Order Completion Time, the adjustment
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shall be referred to the Contract Administrator for determination in
accordance with the provisions of Article 13. Should the Contract
Administrator determine that the conditions of the Project site are not so
materially different to justify a change in the terms of the Contract, the
Contract Administrator shall so notify City and/or Program Manager and
Contractor in writing, stating the reasons, and such determination shall be
final and binding upon the parties hereto.
20.2. No request by Contractor for an equitable adjustment to the Contract under
this provision shall be allowed unless Contractor has given written notice in
strict accordance with the provisions of this Article. 20.1. No request for an
equitable adjustment or change to the Job Order or Job Order Completion
Time for differing site conditions shall be allowed if made after the date
certified by City and Program Manager as the date of substantial completion.
21. Plans and Working Drawings
21.1. City and/or Program Manager shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all
of which shall be considered as part of the Detailed Scope of Work. In case of
disagreement between the written and graphic portions of the Detailed Scope
of Work, the written portion shall govern. If any of these modifications affect
the Total Job Order Amount a Supplemental Job Order will be issued by the
City and/or Program Manayer.
22. Contractor to Check Plans, Specifications and Data
22.1. Contractor shall verify all dimensions, quantities and details shown on the
plans. specifications or other data received from City and/or Program
Manager, and shall notify City and/or Program Manager of all errors,
omissions and discrepancies found therein within three (3) calendar days of
discovery. Contractor will not be allowed to take advantage of any error,
omission or discrepancy, as full instructions will be furnished by the City
and/or Program Manager. Contractor shall not be liable for damages resulting
from errors, omissions or discrepancies in the plans or specifications unless
Contractor recognized such error, omission or discrepancy and knowingly
failed to report it to the City and/or Program Manager.
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 City, 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. In the event any such materials, equipment and
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supplies are lost, stolen, damaged or destroyed prior to final acceptance by
City, Contractor shall replace same without cost to City, except as provided in
Article 30.
24 Warranty
24.1. Contractor warrants to City that all materials and equipment furnished under
this Contract will be new unless otherwise specified and that all of the Work
will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements.
including substitutions not properly approved and authorized, may be
considered defective. If required by City andlor Program Manager, Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
24.2. All work furnished under this Contract shall be guaranteed against defective
materials and workmanship, improper performance and noncompliance with
the Contract Documents for a period of one year after final completion and
acceptance of the Job Order, except as otherwise specifically specified in
other parts of the Contract Documents, or within such longer period of time as
may be prescribed by law or provided by the manufacturer.
24.3. The Guarantee shall include the name of the project as designated in the Job
Order, be signed by an officer of the company having authority to provide the
warranty, and state: "This document serves as a one (1) year written
guarantee for the work performed, and material and equipment installed on
the above referenced Job Order. This guarantee incorporates all provisions of
the Contract Documents that refer or relate to the guarantee. This guarantee
is commenced on the final acceptance date."
24.4. During the guarantee period, the Contractor shall repair and replace at his
own expense, when so ordered by the City, all work that may develop defects
whether these defects may be inherent in the equipment or materials, in the
functioning of the piece of equipment, or in the functioning and operation of
pieces of equipment operating together as a functional unit. Any equipment or
material which is repaired or replaced shall have the guarantee period
extended fora period of one year from the date of the last repair or
replacement.
25. Supplementary Drawings
25.1. When, in the opinion of the City and/or Program Manager, it becomes
necessary to explain the Work to be done more fully, or to illustrate the Work
further, or to show any changes which may be required, supplementary
drawings, with specifications pertaining thereto. will be prepared by the City,
Program Manager or the Contractor may be requested to prepare drawings to
assist in the documentation of the Detailed Scope Of Work.
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25.2. The supplementary drawings shall be binding upon Contractor with the same
force as the Detailed Scope of Work. Where such supplementary drawings
require either less or more than the original Detailed Scope of Work,
appropriate adjustments shall be made by issuance of an a Supplemental Job
Order along with the required documentation.
26. Defective Work
26.1. The City and/or Program Manager shall have the authority to reject or
disapprove work which City and/or Program Manager finds to be defective. If
required by the City and/or Program Manager, 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 the
Contract Documents within the time indicated in writing by the City and/or
Program Manager shall have the authority to cause the defective work to be
removed or corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by City in making such
removals, corrections or repairs, shall be paid for out of any monies due or
which may become due to Contractor, or may be charged against the
Performance Bond. In the event of failure of Contractor to make alt necessary
repairs promptly and fully, City may declare Contractor in default.
26.3. If, within one (1) year after the date of substantial completion of the Job Order
or such longer period of time as may be prescribed by the terms of any
applicable special warranty required by the Contract Documents, or by any
specific provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents, Contractor, after
receipt of written notice from City, shall promptly correct such defective or
nonconforming Work within the time specified by Ciry without cost to City, to
do so. Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation which Contractor might have
under the Contract Documents including but not limited to, Article 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, or obligate City to final
acceptance.
27. Taxes
27.1. Contractor shall pay all applicable sales,. consumer, use and other taxes
required by law. Contractor is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements. Sales Tax
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has been included in the material and equipment cost of the unit prices listed
in the Construction Task Catalog'"'.
28. Subcontracts
28.1. Contractor shall not employ any subcontractor or Architectural and
Engineering firm against whom City and/or Program Manager may have a
reasonable objection. Contractor shall not be required to employ any
subcontractor against whom Contractor has a reasonable objection.
28.2. Contractor shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that Contractor is responsible for the acts and omissions
of persons directly employed by it. Nothing in the Contract Documents shall
create any contractual relationship between any subcontractor and City or
any obligation on the part of City to pay or to see the payment of any
monies due any subcontractor. City and/or Program Manager may furnish
to any subcontractor evidence of amounts paid to Contractor on account of
specific work performed.
28.3. Contractor agrees to bind specifically every subcontractor to the applicable
terms and conditions of the Contract Documents for the benefit of City.
28.4. For Contract ITB 22-08109 - VERTICAL CITYWIDE, Contractor shall
perform the Work with its own organization, amounting to not less than ten
percent (10%) of the Work performed during a Contract Term, For Contract
ITB 23-08/09 -HORIZONTAL ROW, Contractor shall perform the Work
with its own organization, amounting to not less than thirty percent (30%) of
the Work performed during a Contract Term. For Contract ITB 24-08/09 -
ELECTRICAL, Contractor shall perform the Work with its own organization,
amounting to not less than fifty percent (50%) of the Work performed
during a Contract Term. For Contract ITB 25-08/09 -MECHANICAL,
Contractor shall perform the Work with its own organization, amounting to
not less than fifty percent (50%) of the Work performed during a Contract
Term. For Contract ITB 26-08/09 - WATERPROOFING/PAINTING,
Contractor shall perform the Work with its own organization, amounting to
not less than fifty percent (50%) of the Work performed during a Contract
Term- For Contract ITB 27-08/09 -ROOFING, Contractor shall perform the
Work with its own organization, amounting to not less than fifty percent
(50%) of the Work performed during a Contract Term. The participation will
be an accumulative participation over the contract. Self performance
requirements apply to, and will be evaluated at the conclusion of, each
Contract Term. not on a Job Order by Job Order basis.
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Execution of Subcontracts
28.4.1, The Contractor shall provide with each Job Order a list of
proposed subcontractors and type of work being performed. This
list shall be provided on a form provided by City.
28.4.2. The Contractor shall not commit to or finalize subcontracts with
any subcontractors until receipt of approval of each subcontractor
and receipt of a signed Job Order by the City. No subcontractor
shall be used that is excluded from Federal, State or City of Miami
Beach procurement programs nor those who have been debarred
or otherwise excluded from the City procurement system.
28.4.3. Upon receipt of a signed Job Order, the Contractor shall
immediately enter into each approved subcontract, and thereafter
shall neither terminate any such subcontract nor reduce the scope
of the work to be performed by, or decrease the price to be paid
to the subcontractor thereunder without prior notification to City.
28.4.4. If the City rejects any subcontractor or architectural and
engineering firm proposed, it is hereby agreed that the rejection
will not be the basis for an increase in the Job Order Amount.
28.5. Procedure for Changing Listed Subcontractors
A subcontractor may be changed only subsequent to notification to and
approval from the City. The notification of change shall state reasons for
the change with a release from the listed subcontractor attached thereto.
28.6. The Contractor shall give his/her personal attention constantly to the
faithful performance of the works shall keep the same under his/her own
control, and shall not assign the contract by power of attorney or otherwise,
nor sublet the work or any part thereof, without the previous written consent
of the City.
28.7. If an approved subcontractor elects to subcontract any portion of its
subcontract, the proposed sub-subcontract shall be submitted in the same
manner as directed above.
28.8. Wherever the word subcontractor appears, it also means sub-
subcontractor.
28.9. No Subcontractor shall be permitted on the Site unless such subcontractor
is approved. Before entering into any subcontract hereunder, the
Contractor shall inform the subcontractor sully and completely of all
provisions and requirements of this Contract relating either directly or
indirectly to the Work to be performed and the materials to be furnished
under such subcontract, and every such Contractor shall expressly
August 2009 City of Miami Beach Page 53 of '177
General Conditions
stipulate that all labor performed and materials furnished there under shall
strictly comply with the requirements of the Contract.
28.10. The agreement between the Contractor and its subcontractors shall contain
the same terms and conditions as to method of payment for Work, labor
and materials, and as to retained percentages as are contained in this
Contract.
28.11. The Contractor shall pay all subcontractors for and on account of Work
performed by such subcontractors in accordance with the terms of their
respective subcontracts. If and when required by the City, the Contractor
shall submit satisfactory evidence that it has made such payment.
28.12. The City's approval of a subcontractor shall not relieve the Contractor of
any of its responsibilities, duties and liabilities hereunder. The Contractor
shall be solely responsible to the City for the acts, omissions or defaults of
its subcontractor and of such subcontractor's officers, agents and
employees, each of whom shall, for this purpose, be deemed to be the
agent or employee of the Contractor to the extent of its subcontract.
28.13. The Contractor shall cause appropriate provision to be inserted in all
subcontracts relative to the work to require compliance by each
subcontractor with the applicable provisions contained in the Contract.
28.14. Nothing contained in the contract documents shall create any contractual
relation between any subcontractor and the City.
28.15. No subcontractor shall be permitted to perform Work at the Site until it has
furnished satisfactory evidence of insurance as required by the City.
28.16. The Contractor shall promptly, upon request, file with the City a conformed
copy of any subcontract.
28.17. Contractor Liable and Responsible To City:
28.17.1_ The Contractor shall be held liable by City for the performance of
all the work provided for under this Contract. These specifications
make no attempt to fix the scope of the work of the subcontractors
or the responsibility of any such subcontractors, it being
understood that the Contractor shall fix the scope of all work and
responsibilities of the subcontractors.
28.17.2. The Contractor's use of subcontractors shall not diminish the
Contractor's obligations to complete the Work in accordance with
the Contract. The contractor shall not be released from any part of
his/her liabilities or obligations under his/her contract should any
subcontractor fail to perform in a satisfactory manner the work
undertaken by him. The Contractor shall control and coordinate
the Work of its subcontractors.
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28.17.3- Any disputes which may arise in this connection between the
Contractor and any subcontractor must be settled between the
parties concerned. City will not undertake or be in any way
responsible for the settlement of such disputes.
29. Separate Contracts
29.1. City reserves the right to let other contracts in connection with this Project.
Contractor shall afford other persons reasonable opportunity for the
introduction and storage of their materials and the execution of their work and
shall properly connect and coordinate this Work with theirs.
29.2. If any part of Contractor's Work depends for proper execution or results upon
the work of any other persons. Contractor shall inspect and promptly report to
the City and/or Program Manager any defects in such work that render it
unsuitable for such proper execution and results. Contractor's failure to so
inspect and report shall constitute an acceptance of the other person's work
as fit and proper for the reception of Contractor's Work, except as to defects
which may develop in other contractor's work after the execution of
Contractor's.
29.3. Contractor shall conduct its operations and take all reasonable steps to
coordinate the prosecution of the Work so as to create no interference or
impact on any other contractor on the site. Should such interference or impact
occur, Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
29.4. To ensure the proper execution of subsequent work. Contractor shall inspect
the work already in place and shall at once report to the City and/or Program
Manager any discrepancy between the executed work and the requirements
of the Contract Documents.
30. Use of Completed Portions
30.1. City shall have the right at its sole option to take possession of and use any
completed or partially completed portions of the Job Order. Such possession
and use shall not be deemed an acceptance of any of the Work not
completed in accordance with the Contract Documents. If such possession
and use increases the cost of or delays the Work, Contractor shall be entitled
to reasonable extra compensation, or reasonable extension of time or both.
as recommended by Program Manager and/or City,
30.2. In the event City takes possession of any completed or partially completed
portions of the Job Order, the following shall occur:
30.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area-
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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 in the form attached hereto as Form 00921
from the City andlor Program Manager.
30.2.3. Upon City's issuance of a Certificate of Substantial Completion, City
will assume full responsibility for maintenance. utilities. subsequent
damages of City and public. adjustment of insurance coverages and
start of warranty for the occupied area.
30.2.4. Contractor shall complete all items noted on the Certificate of
Substantial Completion within the time specified by the City and/or
Program Manager on the Certificate of Substantial Completion, as
soon as possible and request final inspection and final acceptance of
the portion of the Work occupied. Upon completion of final inspection
and receipt of an application for final payment, the City and/or
Program Manager shall issue a Final Certificate of Payment relative
to the occupied area.
30.2.5. If City finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion thereof, such occupancy or use
shall not commence prior to a time mutually agreed upon by City and
Contractor and to which the insurance company or companies
providing the property insurance have consented by endorsement to
the policy or policies. Insurance on the unoccupied or unused portion
or portions shall not be canceled or lapsed on account of such partial
occupancy or use. Consent of Contractor and of the insurance
company or companies to such occupancy or use shall not be
unreasonably withheld.
31. Lands for Work
31.1. City shall provide. as may be indicated in the Detailed Scope of Work, the
lands upon which the Work is to be performed, rights-of-way and easements
for access thereto and such other lands as are designated by City or the use
of Contractor.
31.2. Contractor shall provide, at Contractor's own expense and without liability to
City, any additional land and access thereto that may be required for
temporary construction facilities, or for storage of materials. Contractor shall
furnish to City copies of written permission obtained by Contractor from the
owners of such facilities.
32. Legal Restrictions and Traffic Provisions
32.1. Contractor shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and Contractor's
general operations. Contractor shall conduct its operations so as not to close
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any thoroughfare. nor interfere in any way with traffic on railway, highways, or
water, without the prior written consent of the proper authorities.
33. Location and Damage to Existing Facilities. Equipment or Utilities
33.1. Every effort should be made to ensure that all existing utility lines in the
Project area are identified on plans or in the Detailed Scope of Work for
individual Job Orders. However, City does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
Contractor's responsibility to identify and locate all underground and overhead
utility lines or equipment affecting or affected by the Project. No additional
payment will be made to the Contractor because of discrepancies in actual
and plan location of utilities, and damages suffered as a result thereof. If the
City requires the Contractor to identify and document the underground utilities
as part the Detailed Scope of Work, then the City shall reimburse the
Contractor for the stamped and sealed drawings as a Non Prepriced Work
Task.
33.2. The Contractor shall notify each utility company involved at least ten (10)
days prior to the start of construction to arrange for positive underground
location, relocation or support of its utility where that utility may be in conflict
with or endangered by the proposed construction. Relocation of water mains
or other utilities for the convenience of the Contractor shall be paid by the
Contractor. All charges by utility companies for temporary support of its
utilities shall be paid for by the Contractor. All costs of permanent utility
relocation to avoid conflict shall be the responsibility of the utility company
involved. No additional payment will be made to the Contractor for utility
relocations, whether or not said relocation is necessary to avoid conflict with
other lines.
33.3. The Contractor shall schedule the work in such a manner that the work is not
delayed by the utility providers relocating or supporting their utilities. The
Contractor shall coordinate its activities with any and all public and private
utility providers occupying the right-of-way. No compensation will be paid to
the Contractor for any loss of time or delay.
33.4. All overhead. surface or underground structures and utilities encountered are
to be carefully protected from injury or displacement. All damage to such
structures is to be completely repaired within a reasonable time; needless
delay will not be tolerated. The City reserves the right to remedy such
damage by ordering outside parties to make such repairs at the expense of
the Contractor, All such repairs made by the Contractor are to be made to the
satisfaction of the utility owner. All damaged utilities must be replaced or fully
repaired. All repairs are to be inspected by the utility owner prior to backfilling.
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34. Value Engineering
34.1. Contractor may request substitution of materials, articles, pieces of equipment
or any changes that reduce the Price Proposal by making such request to the
City and/or Program Manager in writing. The Ciry and/or Program Manager
will be the sole judge of acceptability, and no substitute wilt be ordered,
installed, used or initiated without the City's and/or Program Manager's prior
written acceptance which will be evidenced by either a Supplemental Job
Order or an approved Shop Drawing. However, any substitution accepted by
the City and/or Program Manager shall not result in any increase in the Job
Order Amount or Job Order Completion Time. Any substitution submitted by
Contractor must meet the form, fit, function and life cycle criteria of the item
proposed to be replaced and there must be a net dollar savings including the
City and/or Program Manager's review fees and charges. If a substitution is
approved. the net dollar savings shall be processed as a deductive
Supplemental Job Order. City may require Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with
respect to any substitute approved after award of the Contract.
35. Continuing the Work
35.1 Contractor shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with City, including disputes or
disagreements concerning a request for a Supplemental Job Order, or a
change in the Job Order Completion Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
36. Changes in the Work or Terms of Contract Documents
36.1. Without invalidating the Job Order and without notice to any surety City
reserves and shall have the right. from time to time to make such increases,
decreases or other changes in the character or quantity of the Work as may
be considered necessary or desirable to complete fully and acceptably the
proposed construction in a satisfactory manner. Any extra or additional work
within the scope of this Project must be accomplished by means of
appropriate Field Orders and Supplemental Instructions issued through a
Supplemental Job Order with the required Documentation.
36.2. Any changes to the terms of the Contract Documents must be contained in a
written document. executed by the parties hereto. with the same formality and
of equal dignity prior to the initiation of any work reflecting such change. This
section shall not prohibit the issuance of Supplemental Job Order through a
Job Order with the required Documentation executed only by City as
hereinafter provided.
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37. Field Orders and Supplemental Instructions
37.1. The Contract Administrator, through the City andlor Program Manager, shall
have the right to approve and issue Field Orders setting forth written
interpretations of the intent of the Contract Documents and ordering minor
changes in Work execution, providing the Field Order involves no change in
the Job Order Amount or the Job Order Completion Time.
37.2. The City and/or Program Manager shall have the right to approve and issue
Supplemental Instructions setting forth written orders, instructions, or
interpretations concerning the Contract Documents or its performance,
provided such Supplemental Instructions involve no change in the Job Order
Amount or the Job Order Contract Completion Time.
38. Change Orders
38.1. The City without invalidating the Job Order, may order changes in the Work
by altering, adding to or deducting from the Job Order, by issuing an a
Supplemental Job Order. All changes are to be Owner initiated as a result of:
1) change in the original Detailed Scope of Work or 2) a hidden conditions not
shown in the Detailed Scope of Work. All such Work shall be executed under
the conditions of the original contact.
38.2. No changes shall be made without a written Job Order from the City. No claim
for an additional Job Order Amount shall be valid unless so ordered and
authorized by issuance a Job Order.
38.3. Changes will be considered as a Supplemental Job Order and such will follow
the procedures outlined in Article 11 of the Ordering Procedures in the JOC
Supplemental Conditions,
38.4. Changes in the quantity or character of the Work within the Detailed Scope of
Work of the Job Order which are not properly the subject of Field Orders or
Supplemental Instructions, including all changes resulting in changes in the
Price Proposal. or the Job Order Completion Time, shall be authorized only
by Supplemental Job Order. issued with a Job Order with the required
documentation and approved in advance and issued in accordance with the
provisions of the City.
38.5. All changes to the Job Order must be approved in advance in accordance
with the value of the Supplemental Job Order or the calculated value of the
time extension.
38.6. In the event satisfactory adjustment cannot be reached for any item requiring
a change in the Job Order Price or Job Order Completion Time, and a
Supplemental Job Order has not been issued, City reserves the right at its
sole option to either terminate the Job Order or portions of the Job Order as it
applies to the items in question and make such arrangements as may be
deemed necessary to complete the disputed work; or submit the matter in
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dispute to Contract Administrator as set forth in Article 13 hereof. During the
pendency of the dispute, and upon receipt of a Supplemental Job Order
approved by City. Contractor shall promptly proceed with the change in the
Work involved and advise the Contract Administrator in writing within seven
(7) calendar days of Contractor's agreement or disagreement with the
method, if any, provided in the Supplemental Job Order for determining the
proposed adjustment in the Job Order Amount or Job Order Completion
Time.
38.7. Under circumstances determined necessary by City, a Supplemental Job
Order may be issued unilaterally by City.
39. Value of Change Order Work
39.1. The value of any work covered by a Supplemental Job Order or of any claim
for an increase or decrease in the Job Order Amount shall be determined as
follows:
39.2. All changes or order of extra Work shall be paid for at the Unit Prices set forth
in the Construction Task Catalog' and/or as Non Prepriced Tasks. Credits for
the omission or reduction of Work shall be paid in the same manner.
39.3, For each change in the Detailed Scope of Work, omission or extra work
ordered by the City, the Contractor shall submit a Price Proposal to the City
stating a lump sum amount and shall state the extent to which the Job Order
Completion Time shall thereby be increased or decreased.
39.4. All Price Proposals shall be submitted promptly.
40. Notification and Claim for Change of Job Order Completion Time
40.1. Any claim for a change in the Job Order Completion Time shall be made by
written notice by Contractor to the Contract Administrator and/or Program
Manager within one (1) calendar day of the commencement of the event
giving rise to the claim and stating the general nature and cause of the claim.
The City will consider the request for additional time to complete the Job
Order and render its judgment within five (5) days. If the City and Contractor
cannot agree, a determination shall be determined by Contract Administrator
in accordance with Article 13 hereof, IT IS EXPRESSLY AND SPECIFICALLY
AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE JOB
ORDER COMPLETION TIME OR JOB ORDER AMOUNT SHALL BE
WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE
REQUIREMENTS OF THIS SECTION.
40.2. The Job Order Completion Time will be extended in an amount equal to time
lost on critical Work items due to delays beyond the control of and through no
fault or negligence of Contractor if a claim is made therefor as provided in
Section 40.1. Such delays shall include. but not be limited to, acts or neglect
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by any separate contractor employed by City, fires, floods, labor disputes,
epidemics. abnormal weather conditions or acts of God.
41. No Damages for Delay
41.1. No claim for damages or any claim, other than for an extension of time, shall
be made or asserted against City by reason of any delays except as provided
herein. Contractor shalt not be entitled to an increase in the Job Order
Amount or payment or compensation of any kind from City for direct. indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency. arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether
such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable;
provided, however, that this provision shall not preclude recovery of damages
by Contractor for actual delays due solely to fraud, bad faith or active
interference on the part of City and/or Program Manager. Otherwise,
Contractor shall be entitled only to extensions of the Job Order Completion
Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to the extent specifically provided above.
42. Excusable Delay; Compensable; Non-Compensable
42.1. Excusable Delay: Delay which extends the completion of the Work and which
is caused by circumstances beyond the control of Contractor or its
subcontractors, suppliers or vendors is Excusable Delay.
42.2. Contractor is entitled to a time extension of the Job Order Completion Time
for each day the Detailed Scope of Work is delayed due to Excusable Delay.
Contractor shall document its claim for any time extension as provided in
Article 40 hereof.
42.3. 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.
42.4. Excusable Delay may be compensable or non-compensable:
42.4.1. Compensable Excusable Delay:
42.4.1.1. Excusable Delay is compensable when (i) the delay
extends the Job Order Completion Time, (ii) is caused by
circumstances beyond the control of the Contractor or its
subcontractors, suppliers or vendors, and (iii) is caused
solely by fraud, bad faith or active interference on the part
of City or its agents. In no event shall Contractor be
compensated for interim delays which do not extend the
Job Order Completion Time.
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42.4.1.2. 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.
42.4,1.3. City and Contractor recognize and agree that the amount
of Contractor's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to
determine as of the date of execution of the Contract
Documents. and that proof of the precise amount will be
difficult. Therefore, indirect costs recoverable by the
Contractor shall be liquidated on a daily basis for each day
the Job Order Completion Time is delayed due to a
Compensable Excusable Delay These liquidated indirect
costs shall be paid to compensate Contractor for all indirect
costs caused by a Compensable Excusable Delay and
shall include but not be limited to, all profit on indirect
costs, home office overhead, acceleration, loss of
earnings, loss of productivity, loss of bonding capacity, loss
of opportunity and all other indirect costs incurred by
Contractor. The amount of liquidated indirect costs
recoverable shall be as listed in Article 18 of the
Supplemental Conditions per day for each calendar day
the Contract is delayed due to a Compensable Excusable
Delay.
42.4.2. Non-Compensable Excusable Delay:
42,4.2.1. When Excusable Delay is (i) caused by circumstances
beyond the control of Contractor, its subcontractors,
suppliers and vendors, and is also caused by
circumstances beyond the control of the City or Program
Manager, or (ii) is caused jointly or concurrently by
Contractor or its subcontractors, suppliers or vendors and
by the City or Program Manager. then Contractor shall be
entitled only to a time extension and no further
compensation for the delay.
43. Substantial Completion
43.1. When Contractor considers that the Detailed Scope of Work, or a portion
thereof designated by City pursuant to Article 30 hereof, has reached
Substantial Completion, Contractor shall so notify City and/or Program
Manager in writing. Program Manager and/or City shall then promptly inspect
the Work. When City and/or Program Manager, on the basis of such an
inspection. determines that the Detailed Scope of Work or designated portion
thereof is substantially complete, it will then prepare a Certificate of
Substantial Completion in the form attached hereto as Form 00921 which
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General Conditions
shall establish the Date of Substantial Completion: shall state the
responsibilities of City and Contractor for security, maintenance, heat. utilities,
damage to the Work, and insurance: and shall list all Work yet to be
completed to satisfy the requirements of the Job Order for Final Completion.
The failure to include any items of corrective work on such list does not alter
the responsibility of Contractor to complete all of the Work in accordance with
the Job Order. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial
Completion. The Certificate of Substantial Completion shall be submitted to
City through the Contract Administrator and Contractor for their written
acceptance of the responsibilities assigned to them in such Certificate.
44. No Interest
44.1. Any monies not paid by City when claimed to be due to Contractor under this
Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited
to prejudgment interest. However, the provisions of City's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
Section 218.74(4), Florida Statutes, as may be amended from time to time,
as such relates to the payment of interest, shall apply to valid and proper
invoices.
45. Shop Drawings and Samples
45.1. Contractor shall submit Shop Drawings and/or Samples as required and/or as
listed in the RFP for individual Job Orders. The purpose of the Shop Drawings
is to show the suitability. efficiency, technique of manufacture, installation
requirements, details of the item and evidence of its compliance or
noncompliance with the Contract Documents.
45.2. Within the time specified on the RFP in calendar days and in the Notice to
Proceed, Contractor shall submit to City and/or Program Manager 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 City and/or Program
Manager shall in no way relieve Contractor from submitting complete Shop
Drawings and providing materials, equipment, etc., fully in accordance with
the Contract Documents. This procedure is required in order to expedite final
approval of Shop Drawings.
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. Contractor shall include all shop
drawings and other submittals in its certification.
45.4. Contractor shall thoroughly review and check the Shop Drawings and each
and every copy shall show this approval thereon.
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45.5. If the Shop Drawings show or indicate departures from the Job Order
requirements, Contractor shall make specific mention thereof in its letter of
transmittal. Failure to point out such departures shall not relieve Contractor
from its responsibility to comply with the Contract Documents.
45.6. City and/or Program Manager shall review and approve Shop Drawings within
fifteen (15) calendar days from the date received, unless said Drawings are
rejected by City and/or Program Manager for material reasons. City's and/or
Program Manager's approval of Shop Drawings will be general and shall not
relieve Contractor of responsibility for the accuracy of such Drawings, nor for
the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Job Order and not indicated on the
Drawings. No work called for by Shop Drawings shall be performed until the
said Drawings have been approved by City and/or Program Manager.
Approval 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
which interconnect and/or are interdependent where necessary to properly
evaluate the design. It is Contractor's responsibility to assemble the Shop
Drawings for all such interconnecting and/or interdependent items, check
them and then make one submittal to City and/or Program Manager along
with its 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 required by City and/or Program
Manager. Re-submissions 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 City's approval
at the job site at all times.
46. Field Layout of the Work and Record Drawings
46.1. During the construction of a Job Order, the entire responsibility for
establishing and maintaining line and grade in the field lies with Contractor.
Furthermore the Contractor shall maintain an accurate and precise record of
the location and elevation of all constructed items such as: pipe lines:
conduits, structures, maintenance access structures, hand holes. fittings and
the like. Contractor shall deliver these records in good order to City and/or
Program Manager as the Work is completed. The cost of all such field layout
is included rn the task items in the Construction Task Catalog' and recording
work is included in the bid Adjustment Factors. All record drawings shall be
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made on reproducible paper and shall be delivered to City and/or Program
Manager 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,
Supplemental Job 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 City and/or Program Manager for reference.
46.3. Prior to, and as a condition precedent to Final Payment. Contractor shall
submit to City, Contractor's record drawings or as-built drawings acceptable
to City and/or Program Manager as listed in Article 47. If no drawings were
provided by the City, the City may require the Contractor to do so and will be
reimbursed by the City as a Non Prepriced Task, to provide "as-builts" to
properly document the Work. The City will specify the form of As-Built
drawings that will be required, based on what is practicable to both parties to
the Contract.
47. As-Built Drawings
47.1. As the Work progresses, the Contractor and the subcontractor for each trade
or division of Work, under the direction of the Contractor, shall keep a
complete and accurate record of the following:
47.2. Changes and deviations between the Work as shown in the Detailed Scope of
Work and/or drawings (if drawings provided by the City or developed by the
Contractor) and shop drawings indicating the Work as actually installed.
47.3. The specific locations of piping. valves duct Work, equipment. and other such
Work which were not located or changed location on the Drawings and shop
drawings.
47.4. Equipment schedules indicating manufacturer's names and model numbers.
47.5. The As-Built Documents shall be arranged in a logical order, and in
accordance with the various provisions of the Specifications (if any), and
properly indexed. The Contractor shall review them for completeness prior to
submittal to the City. At the completion of the Work, the Contractor and each
subcontractor shall certify by endorsement thereof that each of the revised
sepia mylar of the Drawings and copy of Specifications and shop drawings is
complete and accurate.
48. Safety and Precaution
48.1. Contractor shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in co nnection with the
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Project. Contractor shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to:
48.1.1. All employees on the work site and other persons who may be
affected thereby;
48.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
48.1.3. 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.
48.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations
and/orders of any public body having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the
work may affect them. All damage, injury or loss to any property referred to in
Article 33 hereof, caused directly or indirectly, in whole or in part. by
Contractor, any Subcontractor or anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, shall be
remedied by Contractor. Contractor's duties and responsibilities for the safety
and protection of the work shall continue until such time as all the Work is
completed and Program Manager has issued a notice to City and Contractor
that the Work is acceptable except as otherwise provided in Article 30 hereof.
48.3. 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 City,
49. Payment by City for Tests
49.1. Except when otherwise specified in the Detailed Scope of Work and/or RFP,
the expense of all tests requested by City and/or Program Manager shall be
borne by City and pertormed by a testing firm chosen by City and/or Program
Manager. For road construction projects the procedure for making tests
required by City and/or Program Manager will be in conformance with the
most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which Contractor fails shall be paid for by Contractor. Any
testing the City and/or Program Manager request the Contractor to perform
will be identified in the Detailed Scope of Work and the cost submitted in the
Contractor's Price Proposal.
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50. Project Sign
50.1. Any requirements for a Project sign shall be as set forth in the Detailed Scope
of Work and/or Specifications.
51 Hurricane Precautions
51.1. During such periods of time as are designated by the United States Weather
Bureau as being a hurricane warning or alert, the Contractor, at no cost to the
City. shall take all precautions necessary to secure the Project site in
response to all threatened storm events. regardless of whether the City
and/or Program Manager has given notice of same.
51.2. Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
51.3. Additional work relating to hurricane warning or alert at the Project site will be
addressed by a Supplemental Job Order in accordance with Article 38 hereof.
51.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the
Contractor to additional Job Order Completion Time as non-compensable,
excusable delay, and shall not give rise to a claim for compensable delay.
52. Cleaning Up; City's Right to Clean Up
52.1. Contractor shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, Contractor shall remove all its waste materials and rubbish from and
about the Project as well as its tools, construction equipment, machinery and
surplus materials. If Contractor fails to clean up during the prosecution of the
Work or at the completion of the Work, City may do so and the cost thereof
shall I be charged to Contractor. If a dispute arises between Contractor and
separate contractors as to their responsibility for cleaning up, City may clean
up and charge the cost thereof to the contractors responsible therefor as City
and/or Program Manager shall determine to be just.
53. Removal of Equipment
53.1. In case of termination of this Contract before completion for any cause
whatever, Contractor, if notified to do so by City, shall promptly remove any
part or all of Contractor's equipment and supplies from the property of City,
failing which City shall have the right to remove such equipment and supplies
at the expense of Contractor.
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54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities
Act
54.1. Contractor shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Contract. Contractor shall affirmatively comply with all
applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any work or services funded by City (including Titles I and
11 of the ADA, regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards. In addition, Contractor shall
take affirmative steps to ensure nondiscrimination in employment against
disabled persons.
54.2. Contractor's decisions regarding the delivery of work or services under this
Contract shall be made without regard to or consideration of race. age,
religion, color, gender, sexual orientation, national origin, marital status,
physical or mental disability, political affiliation. or any other factor which
cannot be lawfully used as a basis for denial of delivery of such work or
services.
54.3. Contractor shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No. 92-2824 (as same may be
amended from time to time) in performing any work or services pursuant to
this Contract.
55. Project Records
55.1. City shall have the right to inspect and copy, at City's expense, the books and
records and accounts of Contractor which relate in any way to the Job Order,
and to any claim for additional compensation made by Contractor, and to
conduct an audit of the financial and accounting records of Contractor which
relate to the Job Order and to any claim for additional compensation made by
Contractor. Contractor shall retain and make available to City all such books
and records and accounts, financial or otherwise, which relate to the Job
Order and to any claim for a period of three (3) years following Final
Completion of the Job Order. During the Job Order and the three (3) year
period following Final Completion of the Job Order, Contractor shall provide
City access to its books and records upon seventy-two (72) hours written
notice.
56. Occupational Health and Safety
56.1. In compliance with Chapter 442, Florida Statutes, any toxic substance listed
in Section 38F-41.03 of the Florida Administrative Code delivered as a result
of this bid must be accompanied by a Material Safety Data Sheet (MSDS)
which may be obtained from the manufacturer. The MSDS must include the
following information:
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56.2. The chemical name and the common name of the toxic substance.
56.3. The hazards or other risks in the use of the toxic substance, including:
56.3.1. The potential for fire, explosion, corrosion, and reaction;
56.3.2. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as
being aggravated by exposure to the toxic substance; and
56.3.3. The primary routes of entry and symptoms of overexposure.
56.4. The proper precautions, handling practices, necessary personal protective
equipment. and other safety precautions in the use of or exposure to the toxic
substances, including appropriate emergency treatment in case of
overexposure.
56.5. The emergency procedure for spills, fire, disposal, and first aid.
56.6. A description in lay terms of the known specific potential health risks posed by
the toxic substance intended to alert any person reading this information.
56.7. The year and month, if available, that the information was compiled and the
name, address, and emergency telephone number of the manufacturer
responsible for preparing the information.
56.8. Asbestos:
56.8.1. THE CONTRACTOR IS WARNED THAT EXPOSURE TO
AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH FOUR
DISEASES: LUNG CANCER, CERTAIN GASTROINTESTINAL
CANCERS, PLEURAL OR PERITONEAL MESOTHELIOMAAND
ASBESTOSIS. Studies indicate there are significantly increased
health dangers to persons exposed to asbestos who smoke, and
further, to family members and other persons who become indirectly
exposed as a result of the exposed worker bringing asbestos-laden
work clothing home to be laundered.
56.8,2. The Contractor is advised that friable andlor nonfriable asbestos-
containing material may be encountered in area(s) where contract
work is to be performed. Friable asbestos containing material means
any material that contains more than one percent asbestos by weight
that hand pressure can crumble, pulverize or reduce to powder when
dry. Nonfriable asbestos-containing materials are materials in which
asbestos fibers are bound by a matrix material, saturant, impregnant
or coating. Non-friable asbestos-containing materials do not normally
release airborne asbestos fiber during routine handling and end-use.
However, excessive fiber concentrations may be produced during
uncontrolled abrading, sanding, drilling, cutting, machining, removal,
demolition or other similar activities.
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56.8.3. Care must be taken to avoid releasing or causing to be released,
asbestos fibers into the atmosphere where they may be inhaled or
ingested. The Occupational Safety and Health Administration
(OSHA) has set standards at 29 CFR 1910.1001 for exposure to
airborne concentrations of asbestos, fibers, methods of compliance.
medical surveillance, housekeeping procedures, and other measures
that must be taken when working with or around asbestos-containing
materials. 29 CFR 1910.1001 has been identified as applicable to
construction (29 CFR 1926.55 gases, vapors, fumes; dusts and
mists). The Environmental Protection Agency (EPA) has established
standards at 40 CFR 61.140-156 for the control of asbestos
emissions to the environment and the handling and disposal of
asbestos wastes. Additionally the Florida Occupational Safety and
Health Administration standards are applicable to this contract.
56.8.4. Friable asbestos containing materials are not permitted by current
criteria and shall not be used in new construction or modification
projects (ETL 1110-1-118, 27 May 1983). Plans and specifications for
all new construction and modification projects will be reviewed to
ensure that the use of friable asbestos-containing materials is not
called for.
56.8.5. Maintenance, modification, or demolition activities where exposure to
asbestos dust may occur from previously installed friable or non-
friable asbestos-containing material will be identified. All precautions,
to include proper work practices, medical surveillance, respiratory
protection, industrial hygiene, and environmental protection
requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR 61.140-
156) and DA Circular 40-834, as applicable, shall be strictly followed.
57 Environmental Regulations
57.1. The City reserves the right to consider a Bidder's history of citations and/or
violations of environmental regulations in investigating a Bidder's
responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the
opinion of the City. Bidder shall submit with its Bid, a complete history of all
citations andlor violations. notices and dispositions thereof. The non-
submission of any such documentation shall be deemed to be an affirmation
by the Bidder that there are no citations or violations. Bidder shall notify the
City immediately of notice of any citation or violation which Bidder may
receive after the Bid opening date and during the time of performance of any
contract awarded to it.
58. Compliance with Laws
58.1. In connection with the performance of this Contract, the Contractor shall
comply with all applicable laws. rules, and regulations. The parties hereto
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agree that every provision of law required to be inserted herein be deemed a
part hereof. It is further agreed that if any such provision is not inserted or is
incorrectly inserted, through mistake or othervvise, this Contract shall be
deemed amended so as to comply strictly with the law.
58.2, Prompt Payment Act
58.2.1 Payments to Contractor will be made pursuant to the Contract
Documents and Chapter 218, Part VII, Florida Statutes (the "Local
Government Prompt Payment Act"). as may be amended. To the
extent that the provisions of the Contract Documents differ from the
requirements of the Local Government Prompt Payment Act, the
provisions of the Act will apply.
58.3. Trench Safety Act
58.3.1. Contractor shall comply with Chapter 553, Part III. Florida Statutes,
as may be amended (the "Trench Safety Act"). For all Job Orders
where a portion of the Work to be pertormed involves trench
excavations that will exceed a depth of five (5) feet, the Trench
Safety Act will apply. Contractor must complete, sign, and submit the
Trench Safety Act Compliance Statement.
58.4. Equal Employment Opportunity (EEO)
58.4.1. Contractor shall comply with all applicable State and Federal Equal
Employment Opportunity laws and regulations.
58,5. Davis Bacon Act
58.5.1. All laborers and mechanics employed by Contractor, or any of its
subcontractors on Job Orders funded directly by, or assisted in whole
or in part by and through the Federal government, shall be paid
wages at rates not less than those prevailing on Projects of a
character similar in the locality. as determined by the Secretary of
Labor in accordance with Subchapter IV of Chapter 31 of Title 40,
United States Code, as same may be amended.
The required prevailing wage rates, as same may be amended, are
herein established as those set forth in the Davis Bacon Wage
Decision, applicable to the location and type of work, issued by
Secretary of Labor and in effect as of the date the Job Order is
issued to the Contractor. The Davis Bacon Wage Decisions in effect
at any given time can be found at wvow.wdol.aov. The prevailing
wages contained in the applicable Davis Bacon Wage Decision
remain in effect, relative to that Job Order and all related
Supplemental Job Orders, until the Job Order and all related
Supplemental Job Orders are completed and the Work accepted.
The Contractor is responsible for complying with any and all
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prevailing wage rates as set the Job Order is issued to the
Contractor.
The Contractor shall submit certified payrolls to the City applicable to
each Job Order on a monthly basis or as otherwise directed by the
City. The City may monitor compliance by performing labor standard
interviews of the Contractor and subcontractor personnel. The City
may hold retainage in sufficient amount as may be considered
necessary for any underpayments of wages and/or fringes until any
underpayment issues are resolved in accordance with the
requirements of this Contract.
58.6. Use of American Iron. Steel, and Manufactured Goods
58.6.1. On Job Orders funded directly by, or assisted in whole or in part by
and through, the Federal government and/or as part of the American
Reinvestment and Recovery Act, all of the iron, steel, and
manufactured goods used in the Work shall be produced in the
United States unless the head (or his designee) of the Federal
department or agency involved finds that:
58.6.1.1. This requirement would be inconsistent with the public
interest;
58.6.1.2. Iron, steel, and the relevant manufactured goods are not
produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
58.6.1.3. Inclusion of iron, steel, and manufactured goods produced
in the United States will increase the cost of the overall
project by more than twenty-five (25) percent.
58.7. Miscellaneous Other Applicable Laws Rules and Regulations
On Job Orders funded directly by, or assisted in whole or in part by and
through the Federal government, the Contractor shall also comply with the
following:
58.7.1. The Copeland "Anti-Kickback" Act (18 U.S.C. Section 874) as
supplemented in Department of Labor regulations (29 CFR Part 3).
58.7.2. The "Anti-Kickback" Act of 1986 (41 U.S.C. Section 51, et seq.).
58.7.3. Sections 103 and 107 of the Contact Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department
of Labor regulations (29 CFR Part 5).
58.7.4. The Federal Fair Labor Standards Act (29 U.S.C. Section 201: et
seq.).
58.7.5. All other applicable Federal laws, rules and regulations.
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05000 JOC SUPPLEMENTAL CONDITIONS
The Contract
1.1. The Contract Documents. The Contract Documents represent the entire
integrated agreement between the parties and supersedes all prior
negotiations, representations and agreements. either written or oral. including
the bidding documents.
1.2. The Contract Documents shall include:
VOLUME I: Project Manual
VOLUME II: Construction Task Catalog
VOLUME III: Technical Specifications
Additional required documents, including, but not limited to, the executed
Contract between the parties, record of the award by the City Commission,
the Performance Bond and Payment Bond, the Notice of Award, the
Purchase Orders and Notices to Proceed, Field Orders, Supplemental
Instructions, Requests for Proposals, and Detailed Scopes of Work.
1.3. Overview of the Job Order Contract
1.3.1. Job Order Contact (JOC) is a competitively bid, firm fixed price
indefinite quantity contract. It includes a collection of detailed repair
and construction tasks and specifications that have established unit
prices. It is placed with a Contractor for the accomplishment of repair,
alteration, modernization, rehabilitation, and minor new construction of
buildings; structures. site civil or other real property. Ordering is
accomplished by means of issuance of Job Order(s) against the
Contract.
1.3.2. Under the JOC concept, the Contractor furnishes management, labor,
materials; equipment and Incidental Scope Documentation Services,
as required, to support individual Job Orders.
1.3.3. The JOC includes a Construction Task Catalog'' (CTC). The CTC was
developed by the City and is based on the use of experienced labor
and high quality materials. The CTC also incorporates local activity,
climate and geographic features. The City will issue the Contractor an
updated and current CTC for each Contract option period.
1.3.4. Bidders will offer (3) Adjustment Factors that will be applied against the
prices set forth in the Construction Task Catalog' (CTC). The first
Adjustment Factor will apply to construction performed during Normal
Working Hours; the second Adjustment Factor will apply to
construction performed during Other Than Normal Working Hours; and
the third Adjustment Factor will apply to Non Pre-priced work tasks.
These Adjustment Factors will be used to price individual scopes of
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work by multiplying the Adjustment Factor times the unit prices and
times the quantities. The Adjustment Factors will be in effect for the life
of the Total Contract Duration.
1.3.5. As JOC requirements are identified by the City, the Contractor will be
issued a Request for Proposals and will be required to develop a
detailed Price Proposal. The Contractor will submit its Price Proposal
to the City. If the Contractor's Price Proposal is found acceptable, a
Job Order may be issued at the agreed upon firm fixed Lump Sum
price for the Job Order.
1.3.6. The JOC concept also includes a provision for the establishment of
prices for work requirements that are within the general scope of work
but were not included in the CTC at the time of Contract award. These
tasks are referred to as "Non Prepriced Tasks" (NPT). NPTs may
require the establishment of specifications and drawings and may
subsequently be incorporated into the CTC, at the sole discretion of
the City.
2. Interpretation of the Contract Documents
2.1. Upon its own initiative or the Contractor's written request, the City may issue
written interpretations of Drawings (if any) and Specifications necessary for
the proper execution or progress of the Work. Such interpretations shall be
consistent with and reasonably inferable from the Contract Documents.
2.2. The imperative language of the Contract Documents is directed at the
Contractor unless otherwise stated.
2.3. The organization of the Contract Documents into Construction Specifications
Institute ("CSI") divisions, sections, and articles, and the arrangement of
Drawings (if any), shall not restrict the Contractor in dividing the Work among
subcontractors or in establishing the extent of Work to be performed by any
trade.
2.4. The JOC Project Manual, including, but not limited to, the JOC Supplemental
Conditions, sha-I apply to all contracts or subcontracts for the work covered
by these specifications.
2.5. The work under this contract shall include everything described: indicated or
shown in the Contract Documents as defined in Article 1.
2.6. In any action or proceeding to enforce rights under this Contract. and any
appeals arising therefrom, the prevailing party shall be entitled to recover
from the other party its reasonable attorneys' fees, costs and expenses.
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3. Contract Term and Maximum Contract Duration
3.1. The initial Contract Term shall be for twelve (12) months from the date of
award of the Contract.
3.2. At its sole option and discretion, the City may extend the Contract Term for up
to four (4) additional twelve-month terms (each, a Renewal Term).
3.3. Notwithstanding Sections 3.1 and 3.2 hereof. the Maximum Contract Duration
shall not extend beyond sixty (60) months.
3.4. Job Orders placed prior to, but not completed by, the completion of the
Contract Term, or a Renewal Term, as the case may be, will be completed
with all provisions of this Contract still in force
3.5. A Job Order Completion Time for each Job Order issued under this Contract
will be determined in accordance with Article 11 (Ordering Procedures)
hereof,
3.6. City is entitled to and expects full contract performance from the Contract
award date. Contractor should commence any mobilization activities as soon
as practical after Contract award, but before work on individual Job Orders
begins.
4. Option to Extend Contract
4.1. City may not extend the initial Contract Term beyond its anticipated one (1)
year duration. Therefore, if during the one (1) initial Contract Term, the
Contractor fails to reach the Estimated Contract Term Value. the Contract will
terminate unless a Renewal Term is exercised. The City may increase the
Maximum Not to Exceed Contract Value if needed to complete all Job Orders
in progress not yet completed by the expiration of the Contract Term. All
projects in progress that have the potential to exceed the Maximum Not to
Exceed must be approved. in writing, by the Contract Administrator.
5 Procedures for Exercising an Option to Extend Contract
5.1. The Contract contains an option to extend for four (4) additional one (1) year
Renewal Terms. The procedure for exercising an option to extend is as
follows
5.1.1. One (1) month prior to the initial Contract Term expiration date (or the
explanation of a Renewal Term as the case may be). the City Manager
(through the Contract Administrator), at his sole judgment and
discretion, shall issue Contractor or a preliminary written notice of the
City's intent to extend the Contract for a Renewal Term, which notice
shall be issued before expiration of the initial Contract Term (or a
Renewal Term, as the case may be).
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5.1.2. The extension of the Contract shall be accomplished prior to the
expiration of the current term then in effect. Actual extension to
Contract shall be accomplished by written notification.
5.1.3 At the City's sole discretion, the City may also issue a new
Construction Task Catalog after the initial Contract Term (or any
Renewal Term, as the case may be). If the City chooses not to issue a
new Construction Task Catalogx', the Contractor will be requested to
work with the latest version of the Construction Task Catalog`s. The
Contractor shall use the Construction Task Catalog' in effect on the
date that the Purchase Order is issued. However, the Contractor shall
not delay the issuance of a Purchase Order to take advantage of a
scheduled update of the Construction Task Catalog'. In that event. the
Contractor shall use the Construction Task Catalog that would have
been in effect without the delay.
5.1.4 The Maximum Contract Duration (including Renewal Terms) shall not
exceed five (5) years.
6. Specifications and Drawings for Construction
6.1. The City is not required to furnish drawings or additional specifications for Job
Orders issued under this Contract. The City may, however, choose to do so. If
City provides such drawings and additional specifications the provision fisted
below shall apply.
6.2. In case of conflict between requirements, the requirement which meets afl the
codes and which. in the opinion of the City, is more advantageous to the City,
shall govern.
7. Character of the Work
7.1. The Work to be performed by the Contractor in connection with each Job
Order will be described in the Detailed Scope of Work issued with each
Request for Proposal.
7.2. Unless otherwise expressly provided in a Job Order, the Work must be
performed in accordance with the best, modern practice, with materials and
workmanship of the highest quality, to the satisfaction of the City.
7.3. In addition to the standards that are prescribed herein, all Work shall conform
to fire and safety regulations prescribed in the City of Miami Beach Building
Code, and all codes and standards referenced therein, inclusive of the Florida
Building Code, and any drawings or specifications provided.
7.4. Any material or operation required under this Contract shall comply, as
applicable, with the specifications and instructions of a manufacturer; the
established standards of The American Society for Testing Materials (ASTM);
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The American Institute of Steel Construction (AISC); The American Standards
Association (ASA): The American Welding Society (AWS}; or other industry
recognized standards. In the case of conflict between recognized standard
specifications and those specifications contained in the Contract Documents,
the most stringent shall govern. In case standards for materials and
operations are not listed. the City reserves the right to cite those accepted by
the profession involved and require that such standards be adhered to in the
performance of the Work.
8. Means and Methods of Construction
6.1. The Means and Methods of Construction shall be such as the Contractor may
choose; subject, however, to the City's right to reject any and or all means
and methods proposed by the Contractor that:
8.1.1. Will constitute or create a hazard to the Work: or to persons or
property; or
8.1.2. Will not produce finished Work in accordance with the terms of the
Contract; or
8.1.3. Unnecessarily increase the price of the Job Order when alternative
means and methods are available,
8.2. The City's approval of the Means and Methods of Construction. or its failure
to exercise its right to reject such Means and Methods, shall not relieve the
Contractor of its obligation to accomplish the result intended by a Job Order;
nor shall the exercise of such right to reject create a cause of action for
damages.
9. Contractor's Team
9.1. General The Contractor shall immediately, upon receiving a fully executed
copy of this Contract, assign and maintain during the Contract Term (and any
Renewal Term), an adequate staff of competent personnel who are fully
equipped, licensed as appropriate. qualified and assigned exclusively to
perform the Work The Contractor shall provide the City with the qualifications
of the individuals who will serve in those positions listed below. The minimum
experience of each individual below shall be at least five (5) years.
9.2. At a minimum, the Contractor shall ai all times have a Project Manager:
Estimator; and Project Superintendent assigned to this Contract. Additional
staff shall be assigned depending on the volume of work. The Contractor shall
be responsible for managing, supervising and directing its subcontractors.
9.3. Should the City deem the performance of any employees of the Contractor
unsatisfactory, the Contractor shall terminate the involvement of such
employees in all areas of Contract performance.
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10. Competence of Workmen
10.1. Every worker on any part of this Contract shall be competent to perform the
task to which he/she is assigned. For both direct and subcontracted work
performance, the Contractor shall be responsible for and shall ensure that no
critical facility or utility equipment (plant type equipment) construction or repair
work is performed by personnel with an experience level less than
journeyperson. However, personnel with lesser experience may serve as a
helper. In all instances, for any work performed under this Contract, personnel
who have an experience level below journeyperson shall be under the
immediate supervision of a person with experience level at or above
journeyperson as appropriate to the occasion. The Contractor shall assure
that a journeyperson, foreperson, master, etc., as appropriate, performs or
supervises all required work or services.
10.2. The Contractor shall assure that a journeyperson, foreperson, master, etc., as
appropriate, who is capable of directing the Work, performs or supervises all
required work or services.
10.3. Conditions which require the constant presence of a City inspector to assure
the quality of the Work will not be tolerated. Any worker who does not
produce quality workmanship through lack of cooperation or incompetence
shall be promptly removed from the job upon written order by the City. The
judge of quality of workmanship shall be solely determined by the City.
10.4. On any federally funded projects, the Davis-Bacon Act standard rules shall
apply.
11. Ordering Work
11.1. Initiation of a Job Order
11.1.1. As the need exists for performance by the Contractor under the
terms of this Contract. the City will notify the Contractor of a Joint
Scope meeting.
11.2. Upon this notice, the Contractor shall respond to the needs of City within one
(1) working day by
11.2.1. Establishing verbal contact with City to further define the scope of
the requirement, and
11.2.2. Visiting the proposed work site in the company of a City
representative. and participating in a Joint Scope meeting which will
include discussion and establishment of the following:
11.2.2.1, Project number and title;
11.2.2.2. the detailed scope of the Work;
11.2.2.3. existing site conditions;
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11.2.2.4. methods and alternatives for accomplishing the Work;
11.2.2.5. access to the Site and protocol for admission:
11.2.2.6. hours of operation;
11.2.2.7. staging area;
11.2.2.8. requirements for catalog cuts, technical data, Samples
and shop;
11.2.2.9. Drawings;
11.2.2.10. requirements for scope documentation services ;
11.2.2.11. sketches. Drawings, Specifications: and as-builts;
11.2.2.12. Preliminary quantity estimates;
11.2.2.13. the applicable Wage Decision for Federally Funded
projects;
11.2.2.14. construction duration;
11.2.2.15, liquidated damages;
11.2.2.16. specific quality requirements for equipment and
material;
11.2.2.17. the presence of hazardous materials;
11.2.2.18. date on which Price Proposal is due.
11.3. After the Joint Scope Meeting, the Contractor and the City will agree on a
Detailed Scope of Work, together with a tentative schedule, any sketches,
Drawings and Specifications required to adequately document the Work to be
accomplished. The Detailed Scope of Work, unless modified by both the
Contractor and the City, will be the basis on which the Contractor will develop
its Price Proposal and the City will evaluate the Price Proposal.
11.4. Upon completion of the Joint Scope meeting and the Detailed Scope of Work,
the City will issue a Request For Proposals (RFP) which requires the
Contractor to prepare a Price Proposal for the work under consideration, by
the date indicated on the RFP.
11.5. The Contractor will prepare the Price Proposal in accordance with the
following:
11.5.1. Pre-ariced work requirements. Pre-priced work requirements will
identify the type and number of work units required from the
Construction Task Catalog" (Volume II). The price per unit set forth
in the Construction Task Catalog` shall serve as the base price for
the purpose of the operation of this provision. The Contractor's
Price Proposal shall include support documentation to indicate that
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adequate engineering and planning for the requirement has been
done, and that the work units proposed are reasonable for the tasks
to be performed. Documentation to be submitted with the Price
Proposal shall include, but not be limited to, quantity take off
worksheets, drawings, calculations, catalog cuts, specifications,
and architectural renderings.
11.5.2. Non Pre-priced Task Reouirements: Units of work not included in
the Construction Task Catalog' but within the general scope and
intent of this Contract may be incorporated into this Contract as
needs arise. Such work requirements shall be incorporated into and
made a part of this Contract for the Job Order to which they pertain,
and may be incorporated into the Construction Task Catalog' if
determined appropriate by City at the base price determined in this
provision. Non Pre-priced Task requirements shall be separately
identified and submitted in the Price Proposal. Information
submitted in support of Non Pre-priced Task shall include. but not
be limited to, the following:
11.5.2.1. Complete specifications and technical data, including
work unit content, support drawings, work task cost
data, quality control and inspection requirements.
11.5.2.2. Work Schedule
11.5.2.3. If the Contractor will perform the work with its own
forces. it shall submit three (3) bids for all material to be
installed and shall, to the extent possible use Pre-priced
labor and equipment from the Construction Task
Catalog'. If the work is to be subcontracted, the
Contractor must submit three (3) bids from
subcontractors. All bids shall be submitted on a
vendor/company letterhead, The Contractor shall not
submit a bid from any vendor or subcontractor that the
Contractor is not prepared to use. The City may require
additional bids if the vendor or subcontractors are not
acceptable or if the prices are not reasonable.
11.5.2.4. The Contractor shall provide an installed unit price (or
demolition price if appropriate) which shall include all
costs required to accomplish the Non Pre-priced Task.
11.5.2.5. It is the responsibility of the Contractor to identify such
items and obtain approval from the City for using a Non
Pre-priced Task prior to its inclusion in the Contractor's
Price Proposal. Non Pre-priced Tasks shall be
separately identified in the Proposal.
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11.5.2.6. The final price submitted for Non Pre-priced Tasks shall
be according to the following formula:
For Work Performed with the Contractor's Own Forces:
A = Direct Labor Cost (Up through the foreman level
and Fringe Benefits per Prevailing Wage Rates
plus payroll taxes and insurance)
B = Direct Material Costs (supported by quotes)
C = Direct Equipment Costs
Total Cost for Self-performed work = (A+B+C) x NPP
Adjustment Factor
For Work Performed by Subcontractors:
D = Subcontractor Costs (supported by three quotes)
Total Cost of Non Pre-priced Task = D x NPP
Adjustment Factor
11.5.2.7. The total extended price for the Non Pre-priced Task
will be determined by multiplying the unit price by the
quantity required. The price offered in the Price
Proposal will be determined by multiplying the total
extended price by the Non Pre-priced Adjustment
Factor.
11.5.2.8. After using a Non Pre-priced Task on three separate
Job Orders, the City reserves the right to include the
unit price for the work item as apre-priced item into the
CTC which would become a permanent item and no
longer require price justification.
11.5.3. The Contr actor's Proposal Package shall include, at a minimum:
11.5.3.1. Price Proposal with quantity takeoffs;
11.5.3.2. Scope document drawings or sketches as required;
11.5.3.3. Catalog cuts, technical data or samples required:
11.5.3.4. List of anticipated subcontractors and materialmen;
11.5.3.5. Construction schedule:
11.5.3.6. Certificates for any special insurance required:
11.5.3.7. Sample warranties or guarantees for materials.
equipment or systems proposed;
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11.5.3.8. Schedule of Values (if required).
11.5.4. The Contractor's Price Proposal shall be submitted in accordance
with the date indicated on the RFP. Unless otherwise stated in the
RFP, the Price Proposal will be due no later than seven (7) to
fourteen (14) working days after the issuance of the RFP. The City
may allow additional time for preparation of the Contractor's Price
Proposal for complex Job Orders requiring additional scope
documentation drawings and approvals and permits. Allowance will
be made to provide adequate time for preparation and submittal of
the necessary documents and the Price Proposal, and so reflected
in the Price Proposal due date entered on the RFP. In emergency
work situations and maintenance and repair Job Orders requiring
immediate completion, the Contractor's Price Proposal may be
required quickly and the due date will be so indicated on the RFP.
11.6. Review of the Price Proposal and Issuance of Job Order
11.6.1. The City shall evaluate the Price Proposal and proposed tasks and
compare these with the City's cost estimate of the Detailed Scope
of Work to determine the reasonableness of approach, including
the nature and quantity of tasks proposed.
11.6.2. City reserves the right to reject a Price Proposal based on
unjustifiable quantities, performance periods. inadequate
documentation, or other inconsistencies on the Contractor's part, or
for any other reason. City also reserves the right to not award an
order if City's requirement is no longer valid or the proposed cost
exceeds City estimate. In these instances, the Contractor has no
right of claim to recoup Price Proposal expenses. The City may
pursue the performance of such Work by other means.
11.6.3. By submitting a Price Proposal to the City, the Contractor agrees to
accomplish the Work set forth in the Detailed Scope of Work in
accordance with the Request for Proposal at the price submitted. It
is the Contractor's responsibility to include the necessary tasks and
quantities in the Price Proposal prior to delivering it to the City.
11.6.4. Each Job Order provided to the Contractor shall reference the
Detailed Scope of Work and set forth the Job Order Amount to be
paid and the Job Order Completion Time. All clauses of this
Contract shall be applicable to each Job Order. The Job Order shall
be signed by the City and delivered to the Contractor.
11.6.5. In the event that immediate emergency response is necessary, the
Contractor shall be required to follow alternative procedures as
established by the City. This alternate procedure may be more
burdensome to the Contractor than the procedures described in this
section. The Contractor shall begin Work as directed,
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Manual JOC Supplemental Conditions
notwithstanding the absence of a fully developed Request for
Proposal. Detailed Scope of Work, or Job Order. The Contractor
shall be compensated in accordance with the CTC and Non Pre-
priced Tasks as if the Work had been ordered under the standard
procedures.
11.6.6. If the City finds inconsistencies with the Price Proposal the City
may request the Contractor to re-submit its Price Proposal or
cancel the Job Order. If the Contractor consistently submits Price
Proposals which are rejected by the City. the City may declare the
Contractor in default and initiate termination of the Contract. in
accordance with Article 16 hereof
11.6.7. After the City has reviewed the Price Proposal and an agreement
has been reached as to the nature of the revisions (if any) the
Contractor is not allowed to make any changes to the revised Price
Proposal, other than the changes agreed to
11.6.8. The Contractor must exercise due diligence to ensure that
inappropriate and/or duplicate Tine item(s) are not included in Price
Proposals. If duplicated and/or inappropriate line items cannot be
justified to the satisfaction of the City, the line item(s) shall be
removed. On Job Orders for which a Notice to Proceed has been
issued, the City reserves the right to adjust the Job Order Amount
by the corresponding value of said line item(s). On Job Orders for
which payment has been rendered, the City reserves the right to
withhold the corresponding value from any monies due the
Contractor.
12. Contractor's Responsibility to Become Familiar with the Work
12.1. The Contractor is required to inspect the site of the work of each Job Order
and to examine and become familiar with the Detailed Scope of Work: plans,
specifications and all other contract documents pertaining to the proposed
work. The submission of a Price Proposal shall be sufficient to establish the
presumption that the Contractor has investigated the site of the work and is
satisfied as to all reasonable conditions to be encountered; quantity and
quality of the work to be performed; and materials furnished in the completion
thereof.
12.2. Unless otherwise directed, City will furnish subsurface information through the
use of borings. If, in the course of the work, subsurface conditions vary
materially from the record indicated by the borings: the Contractor shalt give
immediate notification, in writing, of such variation to the City: and the Job
Order Amount shall be adjusted by unit prices established in the CTC® or
cost proposal, as appropriate.
12.3. Contractor is required to examine and be familiar with existing contracts and
work being constructed.
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13. Measurements to be Verified
13.1. Before ordering any material or doing any work, the Contractor shall verify all
measurements at the site of a specific Job Order, and shall be responsible for
the correctness of same. No extra charge or compensation will be allowed on
account of difference between actual dimensions and the measurements
indicated in the RFP. Any difference. which may be found, shall be submitted
to City for consideration before proceeding with the work.
14. Final Inspection. Acceptance and Job Order Completion
14.1. Contractor's Punch List
14.1.1. When the Work is near completion, the Contractor, City and/or
Program Manager shall inspect the Work and the Contractor shall
prepare a list of all items remaining on the Work prior to final
completion. Said list shall be known as the Contractor's Punch List.
14.1.2. The Contractor shall proceed to complete or correct all items fisted
on the Contractor's Punch List and verify that the items have been
completed or corrected by signing said Punch List.
14.1.3. The Contractor shall submit the signed Contractor's Punch list to
the City and/or Program Manager with a request fora Final
Inspection of the Work.
14.2. The City's Punch List
14.2.1. Upon receipt of the Contractor's request, the City and/or Program
Manager shall conduct a Final Inspection to determine whether the
Work complies with the Contract Documents.
14.2.2. At the conclusion of the Final Inspection, the City and/or Program
Manager shall notify the Contractor of any items remaining which is
in a deficient or unacceptable condition. Said list shall be known as
the City's Punch List.
14.3. Correction of the City's Punch List
14.3.1. Within three (3) days of receipt of the City's Punch List, the
Contractor shall commence correcting all items on the City's Punch
List.
14.3.2. If the Contractor does not complete the items on the City's Punch
List within ten (10) days of receipt of the City's Punch List, the
provision in Article 18 hereof may be invoked.
14.3.3. If the Work on the City's Punch List cannot be completed within the
stated time, the Contractor shall justify to the approval of the City
and/or Program Manager why items cannot be completed and a
mutual time will be agreed upon when such items will be
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completed. If liquidated damages have been applied to the Job
Order, this time in no way affects the original Job Order Completion
Time.
14.3.4. Failure of the City and/or Program Manager to include any item on
the City's Punch list shall not alter the responsibility of the
Contractor to complete all the Work in accordance with the Contract
Documents.
14.4. Items discovered after the original Punch List which are part of the Job Order
shall be completed and under warranty within ten (10) days of notification to
the Contractor.
15 City Furnished EquipmenUMaterials and Tax Exempt Transaction for the Direct
Purchase of Equipment/Material Relative to Construction Projects
15.1. From time to time City may elect to supply its own materials and/or equipment
for a specific Project. In those cases the Contractor shall provide
transportation of any City furnished equipmenUmaterials included on the Job
Order. The Contractor shall be paid for transportation of said materials by
means of the appropriate line items from the CTC included in its Price
Proposal. The equipmenUmaterials will be transported from City storage area
to the work site indicated on the Job Order. The Contractor assumes the risk
and responsibility for the loss or damage to City-furnished property. The
Contractor shall follow the instructions of Citys representative regarding the
disposition of all City-furnished property not consumed in performance of a
Job Order.
15.2. Authority. Tax exempt transactions for direct equipment/materials
purchasing by the City shall be authorized pursuant to Section 212.08(6),
Florida Statutes, and Department of Revenue Rule 12A-1.094, Florida
Administrative Code, as same may be amended.
15.2.1. Contract Documents. Any equipment, materials or supplies
included in a Price Proposal elected to be directly purchased by the
City would be governed by the terms and conditions of the Contract
Documents. The Contractor would remain responsible for the
purchase of all equipmentmaterials or supplies not the subject of
sales tax recovery, including payment of all sales tax associated
therewith.
The Contractor agrees that the portion of the Price Proposal
amount anticipated for City-purchased equipmenUmaterials and
supplies will be clearly identified in the Detailed Scope of Work and
identified prior to issuance of a Notice to Proceed. Should it be
deemed appropriate by the City, the Contractor agrees to a
Supplemental Job Order to decrease the original Job Order Amount
by said amount documented and agreed upon for the City-
purchased equipmenUmaterials and supplies amounts. The
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Supplemental Job Order will be submitted by adjusting the material
component in the Price Proposal or by submitting a Non Pre-priced
Task. If items are added to the Detailed Scope of Work after the
issuance of the Notice to Proceed, a Supplemental Job Order will
be issued.
15.2.2. Selection of Suppliers. The Contractor would be responsible for
selecting all suppliers and vendors (collectively referred to herein
as "Vendors") for all City-purchased equipmentmaterials and
supplies, as necessary for the performance of the Work. The
Contractor is required to submit three (3) quotes to the City for
approval for the items identified as City-purchased equipment,
materials, and supplies in the Detailed Scope of Work. If three (3)
quotes are not obtainable, the Contractor shall submit
documentation of their due-diligence to obtain three (3) Vendor
quotes. The Contractor shall include the provisions of the General
Conditions of the Contract and any Supplementary Conditions in
the terms and conditions of all Vendor agreements and Purchase
Order requests for the City-purchased equipmenUmaterials and
supplies.
15.2.3. Contractor Documentation. As the Contractor determines the
City-purchased equipment/materials and supplies that need to be
ordered, the Contractor shall prepare and submit to the City a
standard Purchase Order request, in the form set forth by the City,
to specifically identify the equipment, materials, and supplies the
City has elected to purchase. Such Purchase Order requests and
associated invoices shall not include equipment. materials, and
supplies for other Projects under any other Job Orders. Each
Purchase Order request shall also be prepared by each
subcontractor and be approved by the Contractor and
subcontractor prior to submission to the City.
Each Purchase Order request shall include, but not be limited to,
the following:
a. The name, address, telephone number, contact person
and the City Vendor Number (if applicable) for the
supplier;
b. Manufacturer or brand, model or specification number of
the item;
c. Quantity needed:
d. The price quoted by the Vendors for the
equipmenUmaterials or supplies:
e. The applicable sales tax associated with such quote (as if
not tax exempt);
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f. Delivery dates,
g. Any terms and conditions which have been negotiated
with the Vendor (i.e., payment terms, warranties, etc.);
and
h. Copy of the Vendors' quotation.
15.2.4. Ordering Process. After receipt of the Purchase Order request,
the City will prepare its Purchase Order for the equipment,
materials or supplies. Pursuant to the Purchase Order, the Vendor
will provide the required quantities at the price established in the
Vendor's quote to the Contractor, less any sales tax. Upon receipt
of each Purchase Order, the Contractor shall verily the terms and
conditions of the Purchase Order and advice the City of any
discrepancies no later than three (3) business days after receipt.
The Purchase Order shall require the delivery of the City-purchased
equipmenUmaterials and supplies on the delivery date(s) provided
by the Contractor in the Purchase Order request and would indicate
F.O.B. Project site. The City's Purchase Orders shall contain the
City's tax exemption certificate with the City's name, address, and
exemption number (with issue and expiration date) shown.
The Contractor shall be fully responsible for all matters relating to
the City-purchased equipmenUmaterials and supplies in
accordance with City-established procedures including, but not
limited to, timely delivery and receipt of all equipmenUmaterials and
supplies; verifying correct quantities; verifying documentation or
orders in a timely manner; coordinating purchases: providing and
obtaining all required warranties and guarantees: inspection and
acceptance of goods at the time of delivery; and loss or damage to
equipment, materials, and supplies following delivery to the site due
to the negligence of the Contractor or any of its subcontractors. The
Contractor and/or subcontractor shall coordinate delivery
schedules, sequence of delivery, loading orientation, and other
arrangements normally required by the Contractor for the particular
equipment, materials, and supplies furnished. The Contractor
and/or its subcontractors shall provide all services required for the
unloading, handling and storage of materials through installation.
The Contractor shall indemnify and hold harmless the City from any
and all claims of whatever nature resulting from nonpayment of
equipment, materials, and supplies to Vendors.
15.2.5. Inspection of Materials. As the City-purchased
equipmentmaterials and supplies are delivered to the Project site,
the Contractor shall visually inspect all shipments from the
Vendors, and approve the Vendor's invoice for materials delivered.
The Contractor shall assure that each delivery is accompanied by
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documentation adequate to identify the Purchase Order against
which the purchase is made. This documentation shall consist of a
delivery ticket and an invoice from the Vendor confirming the
Purchase Order, together with such additional information as the
City or Contractor may require. The Contractor shall verify, in
writing, the accuracy of the delivery ticket.
15.2.6. Contractor's Responsibilities. The Contractor shall be
responsible for the equipmentmaterials and supplies being in
conformance with the Contract Documents and would determine
prior to incorporation into the Work, if such equipmentmaterials
and supplies are patently defective, or whether such
equipmenUmaterials and supplies are identical to the materials
ordered and match the description on the bill of lading. If the
Contractor or subcontractor discovers defects or non-conformities
in the equipmenUmaterials, upon such visual inspection, the
Contractor shall not utilize such non-conforming or defective items
in the Work and instead shall promptly notify the Vendor, in writing,
of the defective or non-conforming condition in order to pursue
repair or replacement of the equipment, materials, and supplies
without any delay or interruption to the Project, Additionally, the
Contractor shall notify the City, in writing, of such occurrence. If the
Contractor fails to perform such inspection, and otherwise
incorporates the City-purchased equipmenUmaterials and supplies,
the condition of which it either knew about or should have known
about by performance of an inspection, Contractor shall promptly
take action to remedy the defect or non-conformity so as not to
delay the Work.
The Contractor shall maintain detailed records of all the City-
purchased equipmenUmaterials and supplies delivered to the site in
a format acceptable to the City, including all the City-purchased
equipmenUmaterials and supplies delivered into the Contractor's
possession and portions of all such materials which have been
incorporated into the Work.
The Contractor shall be responsible for all warranty and guarantee
obligations set forth in the Contract Documents for the Project for
all materials, equipment, and supplies incorporated therein.
including all the City-purchased equipmenUmaterials and supplies.
All repairs, maintenance or damage repair calls related to the City-
purchased equipmenUmaterials and supplies shall be forwarded to
the Contractor for resolution with Vendor.
The City shall in no way be liable for interruption or delay in the
Project: for any defects or any other problems with the Project; or
for any extra or cost, resulting from delay in the delivery of, or
defects in, the City-purchased equipmentmaterials and supplies,
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and the Contractor expressly accept all risks and responsibilities for
incomplete, improper or untimely delivery of same.
Contractor shall be responsible for the removal and proper disposal
of any waste the City-purchased equipment/materials and supplies
delivered to the site that were not used to complete the construction
project.
16. Salvage and Salvage Disposal
16.1. The material and equipment which are removed or disconnected and, in the
opinion of the City, are of value, but are not specified for re-use. shall remain
the property of City. City representative shall be informed of the presence of
the property and disposition instructions shall be requested.
16.2. Debris, rubbish, hazardous waste, and non-usable material resulting from the
work under this Contract to which City does not claim a further interest as a
result of the preceding subsection, shall be disposed of by and at the expense
of Contractor at a location off City property. Hazardous waste must be
disposed of in accordance with the Resource Conservation and Recovery Act
and State and local regulations. The Contract Adjustment Factor shall include
the cost of all clean-up, including final clean-up on each individual Job Order.
17. Work by Others: Hired or Employed by the City
17.1. City reserves the right to undertake performance by other contractors or City
forces for the same type or similar work as provided for hereunder, as City
deems necessary or desirable, and to do so will not breach or otherwise
violate this Contract. The Detailed Scope of Work contracted for hereunder
shall be defined by the individual Job Order issued.
18. Liquidated Damages
18.1. Timely completion of Job Orders issued under this Contract is of the essence.
Should the Contractor fail to complete the work specified in the Job Order.
also see Article 2.3 of the General Conditions (concerning Liquidated
Damages) shall apply.
18.2. Nothing in this Section shall be construed as limiting the right of City to
proceed under Article 16 of the General Conditions entitled "City's Right to
Terminate Contract."
18.3. Nothing herein contained shall be construed as limiting the right of the City to
recover from the Contractor any and all amounts due or to become due. and
any and all costs and expenses sustained by the City for improper
performance hereunder, repudiation of the Contract by the Contractor, failure
to perform or breaches in any other respect including, but not limited to,
defective workmanship or materials.
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18.4. Liquidated damages received herein are not intended to be nor shall they be
treated as either a partial or full waiver or discharge of the City's right to
indemnification under the Contract Documents and the Contractor's obligation
to indemnify the City therein. or to any other remedy provided for under the
Contract Document or at law.
18.5. The City will deduct and retain out of the monies which may become due
herein. the amount of any such liquidated damages; and in case the amount
which may become due herein shall be less than the amount of liquidated
damages suffered by the City, the Contractor or the surety shall be liable to
pay the difference upon demand by the City.
19. Requests for Information or Approval
19.1. From time to time as the Work progresses and in the sequence indicated by
the Progress Schedule, the Contractor must submit to the City a specific
request in writing for each item of information or approval required by it.
These requests must state the latest date upon which the information or
approval is actually required by the Contractor, and must be submitted
sufficiently in advance thereof to allow the City a reasonable time to act upon
such submissions or any necessary re-submissions thereof.
20 Contractor Administrator
20.1. The City will assign a Contract Administrator and to oversee the execution of
the Job Order Contract. The Contract Administrator will manage and
administer the JOC Program on behalf of the City and oversee the work of the
Project Coordinators/Program Managers.
20.2. The Contractor shall submit all disputes and matters which touch uponor
relate to the Contract Documents. including a claim for breach of contract, to
the Contract Administrator, and his/her decision shall be final and binding on
the Contractor and shall also be a condition precedent to the right of the
Contractor to receive any monies under the Contract (except as otherwise
enumerated in the General Conditions).
21. The Project Coordinator/Program Manager
21.1. The Ciry's Project Coordinator/Program Manager, in addition to those matters
elsewhere herein delegated to the Project Coordinator/Program Manager and
expressly made subject to his/her determination, direction or approval. shall
have the right to:
21.1.1. Determine the amount or quantity, quality, and acceptability of the
work and materials and location of the Work to be paid for
hereunder;
21.1.2. Determine all questions in relation to the Work and performance
thereof; to interpret the Detailed Scope of Work; Contract Drawings;
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Specifications; and Addenda: and to resolve all patent
inconsistencies or ambiguities therein;
21.1.3. Determine how the Work shall be coordinated with work of Other
Contractors engaged simultaneously on this Project, including the
power to suspend any part of the Work. but not the whole thereof;
21.1.4. Make changes in the Work, as the Project Coordinator/Program
Manager deems necessary, including the necessity for issuing
additional Job Orders, subject to review and approval by the
Contract Administrator;
21.1.5. Amplify the Contract Drawings, add explanatory information and
furnish additional Specifications and Drawings, consistent with the
intent of the Detailed Scope of Work; and
21.1.6. Suspend the whole or any part of the Work whenever in his/her
judgment such suspension is required (a) in the interest of the City;
or (b) to coordinate the Work of other Contractors; or (c) to expedite
the completion of a Project even though the completion of a
particular Job Order may be thereby delayed.
21.2. The foregoing enumeration shall not imply any limitation upon the power of
the Project Coordinator/Program Manager, for it is the intent of this Contract
that all of the Work shall generally be subject to his/her determination,
direction or approval, except where the determination. direction or approval of
someone other than the Project Coordinator/Program Manager is expressly
called for herein.
22. The Inspector
22.1. The City may appoint such person or persons as it may deem necessary to
inspect, at any time or times, the work done under this contract. The Inspector
designated by the City shall be the representative of the Project
Coordinator/Program Manager at the Site and, subject to review by the
Project Coordinator/Program Manager, shall have the power, in the first
instance, to inspect, supervise and control the performance of the Work.
22.2. The Inspector shall not, however, have the power to issue a Job Order for
extra work. and the performance of such Work by the Contractor by direction
of the Inspector without thereafter obtaining a Job Order duly signed and
issued in accordance with the established procedures therefore, shall
constitute a waiver of any right to extra compensation therefore. The
Contractor is warned that the Inspector has no power to change the terms
and provisions of this Contract in any respect.
23. Site Preparations and Cleanup
23.1. The Contractor shall:
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23.1.1. Coordinate with City on a sequence of procedures for gaining
access to the premises, space for storage of materials and
equipment, work of materials, use of approaches, corridors
stairways, and similar features of a structure. This coordination is
required prior to commencement of work at a time directed by City.
23.1.2. Move the furniture and portable office equipment in the immediate
work area to a designated location prior to start of work, and
replace these items to their original location upon completion of the
work. The Contractor will be liable for damages incurred while
moving furniture and equipment, and be responsible for contacting
appropriate agencies for movement of vending machines.
23.1.3. Pertorm clean up and site restoration prior to final walk-through
inspection, All projects shall be delivered in a clean, orderly and
usable condition.
24. On-Site Storage
24.1. If, during the course of the Work, the Contractor finds it necessary to place
temporary storage trailers containing materials and/or equipment on City
property, an onsite area will be designated by the City. However, the City
assumes no responsibility for such stored material, equipment, buildings, or
trailers.
25. Disruptions of Community Activities
25.1. The Contractor shall not cause any disruption to on-going community
activities at the Project site. Planned activities will be coordinated with City
and construction will be accomplished in accordance with the schedule set
forth in Job Orders issued hereunder. Schedule revisions shall be made
known to City on a timely basis. Work operations shall not create a nuisance
to adjacent tenants or the surrounding neighborhood.
26. Trucking
26.1. The Contractor shall require that all trucks entering or leaving the Project site
with loose materials be loaded and covered in a manner that will prevent
dropping of materials on streets while in transit. Suitable tarpaulins shall be
placed over the loads for materials subject to blowing.
27. Existing Elevators
27.1. Any temporary use of existing elevators shall be by arrangement with City
staff. Such use will be of an intermittent nature. The Contractor shall provide
and maintain suitable and adequate protection covering for the elevator
machinery. the hatchway entrance, and the interior of elevator during the
periods of temporary use. Elevators shall not be loaded in excess of the rated
capacity of the elevator.
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27.2. City will bear the cost of electrical current for such temporary existing elevator
usage. On completion of the work, the Contractor shall remove the protective
coverings together with any resultant dirt and debris.
28. Construction Elevators, Etc.
28.1. The Contractor shall construct elevators, cranes and other rigging, lifts, etc.,
as required for the work.
28.2. All such construction shall be carried out as required by the local prevailing
building codes within the City and subject to the approval of the City.
28.3. The Contractor shall maintain stairways throughout the whole height of the
structures in condition for safe usage by mechanics and others.
29. Access to Buildings and Security
29.1. It shall be the Contractors responsibility, through City and appropriate City
staff, to obtain access to buildings and facilities and arrange for the buildings
to be opened and closed. It shall be the Contractor's responsibility to arrange
for adequate security of the Project site at the end of each work day and on
weekends.
29.2. It is the responsibility of the Contractor to prohibit the opening of locked areas
by the Contractor's employees to permit the entrance of personal other than
the Contractor's employees engaged in the performance of assigned work in
those areas.
30. Equipment and Furniture
30.1. Furniture and portable equipment in the immediate area of work will be
moved by the Contractor and replaced to original position upon completion of
work. If the work required by the Job Order will not allow furniture and
portable office equipment to be replaced to its original positions. City will be
notified and new locations wilt be designated by City for replacement of the
furniture and equipment by the Contractor.
30.2. Work of materials and equipment and accomplishment of work shall be made
with a minimum of interference to City operations and personnel,
30.3. The work shall, so far as practicable, be done in definite sections or divisions
and confined to limited areas. Work shall be completed in the section before
work in other sections or divisions are started.
31. Applicable Regulations
31.1. The site of the Contract work is on City property and all rules and regulations
issued covering fire, safety, sanitation, severe weather conditions, conduct of
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operations, etc., shall be observed by the Contractor, Contractor's employees,
and subcontractors. The regulations include:
31.1.1. Fire Prevention
31.1.1.1. Contractor's and subcontractor's employees shall be
cognizant of, and shall comply with, all requirements for
handling and storing combustible supplies and materials,
daily disposal of combustible waste. trash, etc., in
accordance with National Fire Code and National
Association of Fire Underwriters. The Contractor will
require employees to become familiar with methods of
activating City fire alarms and any City requirements
regarding same.
31.1.2. Safety
31.1.2.1. All rules of safety that are or may be imposed upon the
Contractor by Federal, State, or local code or regulation
shall be effectively carried out in the performance of the
work set forth herein. Specific attention is called to
adherence to all applicable rules governed by the Florida
Occupational Safety and Health Administration. Contractor
shall take proper safety and health precautions to protect
the work, the Contractor's employees, the public and the
property of others.
31.1.3. Sanitation
31.1.3.1. The Contractor, shall keep the Project site as clean as the
progress of the work will permit (reasonably free of
accumulations of debris), which shall include the controlling
of any noxious weed growth and upon completion. remove
all materials and rubbish from the Project site, leaving the
site clean.
31.1.3.2. Surplus materials, waste materials and debris, sweepings,
soot and rubbish shall not be allowed to accumulate and
shall be removed from the site forthwith to authorized
dumping areas as it is generated. No waste materials or
debris shall be tossed or thrown onto adjacent Properties
or adjacent land areas.
31.1.3.3. The entire Work area shall be cleaned up at the end of
each Work session.
31.1.3.4. The Contractor shall thoroughly clean all equipment and
materials installed by it and deliver over such materials and
equipment undamaged in a bright, clean and new
appearing condition.
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31.1.4. Conduct
31.1.3.5. At completion of the Work, the Project site shall be left in a
neat, unobstructed condition, and everything in perfect
repair and order.
31.1.3.6. Upon completion of the Work, the Contractor shall remove
all equipment, scaffolding, etc., and thoroughly clean the
Project site before submitting the Work to the City for final
acceptance.
31.1.4.1. Contractor and Contractor's employees shall be subject to
the same general rules of conduct while on City property
that apply to a City employee. City reserves the right to
refuse access to any Contractor's employee if City
determines it to be in the best interests of City.
32. Environmental Protection
32.1. The Contractor shall be responsible to protect the environment of all work
areas as affected by this Job Order. Contractor shall be responsible for the
proper disposal of all hazardous, solid, liquid, and gaseous contaminants
and refuse in accordance with all federal, State, local codes and regulations.
32.2. All chutes for refuse, and the like shall be covered or of such a design to
fully confine the material to prevent the dissemination of dust.
33. Protection of Work and Property
33.1. The Contractor shall continuously maintain adequate protection of all the
Contractor's work from damage, and shall protect City's property from injury
or loss arising in connection with the Job Order. The Contractor shall make
good any such damage, injury or loss, except as may be directly due to or
caused by agents or employees of City.
33.2. The Contractor shall at all times provide adequate protection and facilities to
safeguard all persons passing on or about the Project Site in the usual
conduct of their business. and any special instructions to the Contractor
from the City to ensure protection, etc. shall be complied with in each and
every instance.
33.3. The Contractor shall adequately protect adjacent property as provided by
law and or as directed by the City.
33.4. The Contractor shall provide and maintain all lights, footways, guards,
fences, gates, etc., for the proper protection of the public, and shall comply
with all municipal rules, regulations, ordinances and laws.
33.5. The Contractor shall properly and carefully shore up or otherwise support all
live water, sewer and gas pipes, electric wires, conduits, free standing walls,
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etc., which may be encountered. Contractor shall immediately notify the City
of such and give such City permission to protect the same. The Contractor
shall provide sufficient, safe and proper facilities at all times for the
inspection of the work.
33.6. The Contractor shall furnish throughout the entire Project site, all
scaffolding, ladders, decking or runways as necessary to execute the Work
in a safe manner.
33.7. In an emergency affecting the safety of life, of the work, or of adjoining
property of City, the Contractor, without special instructions or authorization
from City, is hereby permitted to act in at the Contractor's discretion to
prevent such threatened loss or injury.
33.8. Any compensation claimed by the Contractor on account of emergency
work as set forth in 11.6.5 of the Supplemental Conditions shall be
determined by agreement of City and the Contractor.
33.9. The Contractor shall carefully protect all trees, shrubs, and hedges. not
specified as being removed, from injury during building work and pay for
damages to same resulting from insufficient or improper protection.
33.10. The Contractor shall send proper notice: make all necessary arrangements
and perform all other services required for the care; protection and
maintenance of all public utilities, including mail boxes, fire plugs, power and
telephone poles and wires, and all other items of this character on or around
the Project site.
33.11. Building materials, Contractor's equipment, and other supplies necessary to
the project may be stored on the premises with approval of City. This shall
in no manner relieve the Contractor from full responsibility for such
materials.
33.12. Where materials are not sold or furnished in packages or containers, the
Contractor, when requested by City, shall obtain invoices from the
manufacturer or its agents covering such materials showing the name and
brand of the materials furnished, which invoices must be furnished to City.
33.13. In the event of accidental damage to or disruption of any of City's
equipment, utilities, or facilities by the Contractor or any of the
subcontractors. or when life or property are endangered, the Contractor
shall immediately take all necessary steps to replace/repair all pieces/parts
of any damaged equipment/materials, make all necessary repairs and
restore all services to normal. Further, the Contractor shall engage any and
all required additional subcontractors, labor, individuals or other outside
services. deemed necessary by City, to operate on a continuous; "around-
the-clock" basis until all restoration is complete. Also, the Contractor shall
provide and install all required materials and equipment.
of Miami Beach
Project Manual JOC Supplemental Conditions
33.14. All costs involved in making repairs and restoring disrupted services to
normal shall be borne by the Contractor.
33.15, The Contractor and/or its subcontractors shall furnish, erect and maintain
such signs as may be required by compliance with local codes and/or safety
regulations for the purposes of controlling traffic and safeguarding life and
property.
33.16. The Contractor shall provide adequate climatic protection for exposed
part(s) of buildings wherever work under this Job Order is performed.
34. Floor Loading
34.1. Care shall be taken that floors are not overloaded at any time.
35. Project Site Maintenance
35.1. The Contractor shall store all supplies and equipment on Project site(s) so
as to preclude mechanical and climatic damage and maintain project sites in
a neat and orderly manner at all times. Materials to be stored on the Project
site shall be neatly stacked and protected and kept clear of all
passageways. The Contractor shall coordinate the work in such a manner
as to reduce the disturbances and inconveniences to the tenants to a
minimum.
36. Material and Equipment Protection and Security
36.1. The Contractor shall cover equipment that is to remain in place within the
area of operations and protect it against damage or loss. This includes
equipment that is removed in the performance of Job Orders where directed
for re-use in work as required by Drawings and Specifications. Equipment
temporarily removed that is in good operating condition at the time of
removal shall be protected, cleaned and replaced equal to or better than its
conditions prior to its removal. Security for equipment or material that is to
be reused and is removed for temporary storage at the work site shall be
the sole responsibility of the Contractor. If the Contractor considers the
equipment to be at risk after removal, arrangements should be made for
storage while removed. Transportation to and from the storage site shall be
provided for and at the Contractor's risk.
36.2. The Contractor, its subcontractors and materialmen, shall be solely
responsible for the proper storage, security and protection of all their tools,
equipment, materials and personal property that they may store or leave on
the Project site or other property, whether City property or not. The
Contractor's materials shall be stored in an area approved by the City.
Receipt of such approval, however, shall not relieve the Contractor of its
liability for prevention of any theft, loss or damage that may occur. The
Contractor shall be responsible for keeping the Project site(s) secured at all
times and is responsible for any damages, vandalism or theft to the Work or
August 2009 City of Miami Beach Page 97 of '177
JOC Supplemental Conditions
materials on the site at all times prior to final acceptance of the Work by the
City. The Contractor shall hold the City harmless for any damage thereto or
loss thereof.
37. Explosives and Blasting
37.1. Use of explosives will not be permitted without prior written permission from
the City and the prior to the Contractor obtaining all applicable permits.
37.2. If and when the use of explosives is necessary for the execution of the Work,
the Contractor shall observe the utmost care, performing such work with
experienced men and in accordance with all federal, State, and local
regulations so as not to endanger life or property. In addition to observing all
governmental regulations relating to the transportation, storage, handling and
use of explosives, the Contractor shall conform to any further regulations that
the City may deem necessary in this respect. Signals of danger shall be given
before the firing of any blasts and blasts shall not be fired until all persons in
the vicinity are known to have reached position out of danger therefrom.
37.3. Quantities and Records: Contractor shall keep explosives on the Project site
only in such quantity as may be needed for the work underway and only
during such time as they are being used. Contractor shall notify the Project
Manager in advance of its intention to store and use explosives. Explosives
shall be stored in a secure and safe manner in strict conformity with all state
and municipal regulations and all such storage shall be marked clearly,
"DANGER EXPLOSIVES." A daily record shall be kept showing the amounts
of explosives on hand, the quantities received and issued, and the purpose
for which issued,
37.4. Damage or Injury: All blasting necessary shall be done with the express
understanding that the Contractor shall be and is hereunder responsible for
any and all damages and claims arising from such blasting or by accidental
explosions and for the defense of all actions arising from such causes. In
case injury occurs to any portion of the work or to the material surrounding or
supporting the same, through blasting, the Contractor, at its sole expense,
shall remove and replace such injured work and shall furnish such material
and perforrn such work or repairs or replacements as the Project Manager
may order. Any damage whatever to existing structures or property due to
blasting shall be promptly, completely, and satisfactorily repaired by the
Contractor at his/her own expense.
37.5. Restrictions: Blasting will not be permitted within twenty-five (25) feet of any
structure unless proper precautions are taken, as approved by the Project
Manager, to ensure that the structure and the material surrounding and
supporting the same are not damaged by such blasting.
37.6. Rock encountered within five (5) feet of existing pipelines or building shall be
removed without blasting.
August 2008 City of Miaml Bsach Page 98 of 177
t Manual JOC Supplemental Conditions
37.7. All blasts in open cut shall be well covered and provisions made to protect
pipes, conduits, sewer structures, persons, and properly adjacent to the site
of the work. Blasting shall be done only with such quantities and strength of
explosives and in such manner as will break the rock approximately to the
intended lines and grades and yet will leave the rock not to be excavated in
an unshattered condition. Care shall be taken to avoid excessive cracking of
the rock upon or against which any structure will be built and to prevent injury
to existing pipes or other structures and property above or below ground.
Where rock is to be removed from sheeted excavations, all braces and wales
shall be fastened securely in place to prevent movement during blasting.
Blasting will not be permitted between the hours of 5:00 p.m. and 8:00 a.m.
except with special written permission of the Project Manager. After a blast is
fired. the Contractor shall cause the excavation to be thoroughly scaled and
all loose and shattered rock or other loose material which appears dangerous
to the structure or to the workmen shall be removed and the excavation made
safe before proceeding with the work. The fact that the removal of loose or
shattered rock or other loose material may enlarge the excavation beyond the
required limits shall not operate to relieve the Contractor from the necessity
for making such removal and for backfilling as specified herein.
38. Cutting and Patching
38.1. The Contractor shall do all cutting, patching and restoration required by the
Work. All restorations shall be to the satisfaction of the City.
39. Barriers
39.1. The Contractor shall erect temporary barriers and warning signs to alert and
protect the public, including without limitafion, City tenants and City
employees, from the Work as deemed necessary andlor as directed by the
City.
40. Pollution Control
40.1. During the course of construction, the Contractor shall conduct its operations
in such a manner as to present or reduce to the minimum any damage to any
stream or lake from pollution by debris, sediment, chemical, or other foreign
material, or from the manipulation of equipment and/or materials in or near
such stream or ditch flowing directly to such stream or lake. Any water which
has been used for wash purposes or other similar operations which become
pollution with sewage, sift, cement, concentrated chlorine, oil, fuels,
lubricants, bitumens. or other impurities shall not be discharged into any such
stream or lake. There will be no open burning of materials.
40.2. Techniques identified in USDA-Soil Conservation Service "Guidelines for
Urban Erosion & Sediment Control" shall be utilized, as applicable, for erosion
and pollution control.
August 2009 City of Miami Beach Page 99 of 177
Project Manual JOC Supplemental Conditions
41. Temporary Services and Utilities
41.1. Temporary Services and Utilities:
41.1.1. General
41.1.1.1. The Contractor shall be responsible for arranging for and
providing all general services and temporary facilities a as
specified herein and as required for the proper and
expeditious prosecution of the Work. The Contractor shall
pay all costs for such general services and temporary
facilities.
41.1.1.2. Temporary connections for all utilities and facilities used by
the Contractor including installation, maintenance and
removal of such facilities shall be at the Contractor's sole
expense.
41.2. Water
41.2.1. The Contractor shall provide temporary water connections as
required for drinking and construction purposes, unless potable water
is available at the Project site and its use by the Contractor is
approved by the City.
41.2.2. The Contractor shall note that the City reserves the right to regulate
the use of water, and may impose restriction on the use in the event
water is being used carelessly by the Contractor.
41.3. Light and Power
41,3.1. The Contractor may utilize power which is available at the Project
site. The Contractor shall provide his/her own portable electric
system or make temporary connections to the existing electrical
system as necessary or make arrangements with the power company
at his/her own expense, to supply his/her construction needs. An
alternate power source sha-I be provided for temporary heat. The City
will not provide electrical power for heating,
41.4. Temporary Heating and Ventilation
41.4.1. The Contractor shall provide temporary closures or enclosures for all
exterior door. window, roof or other types of exterior openings as
required to protect its completed work, protect material and
equipment being installed, protect the City's facilities, and enable its
workmen to accomplish their work in a satisfactory manner and while
maintaining the approved progress schedule. It shall be the
Contractor's responsibility to keep water in pipes from freezing and to
maintain temporary heat in areas where Work is being performed at
not less than 50° F before plastering and painting and not less than
60° F thereafter. The Contractor must obtain the City's approval for
August 2009 City of Miami Beach Page 700 of 177
Manual JOC Supplemental Conditions
the types, sizes, amounts and location of heating equipment. The
equipment must have a seal of approval from the Underwriters
Laboratory or other organization satisfactory to the City.
41.4.2. The Contractor shall furnish, install, operate and maintain all required
temporary heating equipment, and shall provide and pay all fuel
costs. Oil fired or gas heating units shall be self-contained units
which shall be furnished in sufficient number and adequate capacity
to conform with the requirements for temporary heat stated above.
Each oil-fired or gas-fired unit shall be properly vented as required to
dissipate noxious fumes and prevent discoloration of building
construction. Temporary electrical connection shall be provided by
the Contractor.
41.5. Tempo rary Field Offices
41.5.1. On some Job Orders the Contractor may be required provide his/her
own field office and utilities as directed by the City in the Detailed
Scope of Work. The cost of the field office will be treated as a Pre-
priced item and will be deemed included in the Price Proposal, All
other cost(s) will be paid for by the Contractor. Location shall be
approved by the City.
41,5.2, The Contractor shall provide separate telephones in the temporary
offices for its use. The Contractor shall pay for the cost of installing
such telephones and the cost of all telephone service. The Contractor
must provide a stationary telephone or cellular phone at the Project
site for its own needs and for the City to contact them.
41.5.3. The Contractor shall provide a facsimile machine in the temporary
field offices to expedite written communication between the parties.
The Contractor shall bear all costs of providing said equipment.
41.5.4. The facilities mentioned above shall be made available for the use by
the City's designated representative during its site visits.
41.6. Temporary Sanitation Facilities
41.6.1. Contractor's personnel will normally not be permitted to use toilet
facilities on Project premises subject to regulation and control of City
staff. The Contractor shall provide adequate and suitable temporary
facilities.
41.6.2. The Contractor shall provide temporary toilets for the use of the
workmen, placed where directed and maintained in a sanitary
condition.
41.6.3. Upon completion of the Work, the temporary toilets shall be removed.
41.6.4. Existing on-site toilet facilities may be used to meet the above
requirements subject to the prior approval of the City.
August 2009 City of Miami Beach Page 101 of 1TT
Project Manual JOC Supplemental Conditions
41.7. Temporary Fire Protection
41.7,1. The Contractor shall take all precautions necessary and required to
prevent fire and comply with the requirements of local authorities
having jurisdiction
41.7.2. Fuel to cutting and heating torches shall be gas only, and shall be
contained in Underwriters' Laboratory approved containers. The
Contractor shall provide and maintain a twenty (20) pound capacity,
dry chemical type fire extinguisher in the immediate vicinity of the
work when welding tools or torches of any type are in use.
41.7.3. The Contractor shall not use volatile liquids for cleaning agents or as
fuels for motorized equipment or tools within building.
41.7.3.1. Tarpaulins shall be securely anchored and flame proofed,
when attached to any wood scaffolding and when used to
enclose any portion of a building above the first floor.
41.7.3.2. Flammable materials shall not be stored, nor debris
allowed to accumulate in or about the site,
42. Hours of Work and Access
42.1. The Contractor shall accomplish the tasks required by the Job Order during
Normal Working Hours. Work required on other than Normal Working Hours
will be at City direction and/or and require City approval prior to
commencement of work activities.
42.2. Representatives of the City will be available on the Project site with keys for
entry between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday
(excluding City recognized holidays. The Contractor is advised not to perform
work in occupied dwellings without the presence of the resident or a City
authorized employee.
43. All Legal Provisions Deemed Included
43.1. It is the intent and understanding of the parties to the Contract Documents
that each and every provision of Law required to be inserted in this Contract
shall and is inserted herein, and if, through mistake or otherwise, any such
provision is not inserted, or is not inserted in correct form, then this Contract
shall forthwith upon the application of either party be amended by such
insertion so as to comply strictly with the Law and without prejudice to the
rights of either party hereunder.
44. Scope documentation Services
44.1. Incidental Scope Documentation Services shall be furnished by Contractor
when requested by the City. The Contractor may also be required to provide
additional scope documentation services beyond those defined as Incidental
August 2008 City of Miami Beach Page 102 of 177
Manual JOC Supplemental Conditions
Scope Documentation Services, and when any of these services require
permittable stamped and sealed Drawings in support of Job Orders, those
services will be paid as a Non Prepriced task. Any electronic drawings
required will be prepared in AutoCAD version 14.0 format or a version
approved by the City.
44.1.1. All additional scope documentation Services and consulting firms
utilized by the Contractor to perform its duties hereunder are subject
to approval of the City. All such professional shall be properly
qualified and licensed to practice in and have the ability to legally
sign and stamp architectural and engineering documents.
44.1.2. Additionally the Contractor will be expected to provide sketches,
minor calculations, shop drawings and specifications and "as built"
drawings. The cost of these Incidental Scope Documentation
Services shall be borne by the Contractor and will not be
compensated beyond the Contractor's Adjustment Factor.
45. Work Involving Hazardous Materials
45.1. Any time the Detailed Scope of Work involves hazardous material including,
but not limited to. asbestos, lead paint; and PCB's, the Contractor will be
responsible for retaining a properly licensed engineer or consultant to modify
the general specifications contained herein to a project specific abatement
plan and specification as required by Florida law.
45.2. The Florida law requirement relative to hazardous materials, as noted in
Section 45.1, will require additional scope documentation to ensure
compliance with statutory requirements for handling and disposing of
hazardous materials.
45.3. Such abatement plan and specification shall be submitted to the City for
review and approval prior to commencement of any work involving hazardous
materials.
46. Pre-Construction Services
46.1. Before the issuance of the first Job Order under this Contract. a Pre-
Construction Conference will be conducted by the City to acquaint the
Contractor with the City policies and procedures that are to be observed
during the prosecution of the Work and to develop a mutual understanding
relative to the administration of the Contract. The Contractor shall be required
to attend.
46.2. At the discretion of the City, and on a Job Order by Job Order basis, there
may be a mandatory pre-construction conference at the Project Site to
discuss specific management concerns and requirements regarding the
particular Job Order. The Contractor shall be required to attend.
2009 City of Miami Beach Page 103 of 177
Project Manual JOC Supplemental Conditions
47. Job Order Meetings
47.1. The Contractor andlor subcontractors or their qualified representatives shall
attend conferences with City's representatives, at a frequency as determined
by the City, for the purpose of coordinating or expediting the Work.
48. Energy Conservation
48.1. Contractor shall comply with energy conservation plans, and promote efficient
use of all energy. In addition, the Contractor shall;
48.1.1. Use lights only in areas where work is actually being performed.
48.1.2. Turn off faucets, valves, and equipment after required usage has
been accomplished.
48.1.3. Not use City telephones for personal reasons nor make any toll or
long distance calls.
49. Computer Requirements
49.1. The Contractor is to have in operational condition one computer system
similar to the one described below. The Contractor shall have staff with basic
computer and Windows capabilities to operate its equipment.
49.2. At the minimum, the computer system shall consist of:
49.2.1. One computer system with high speed Internet connection and email
addresses for all Key Personnel. The Contractor's Key Personnel
shall have basic computer and Windows capabilities to operate their
equipment. The computer system shall be in operational condition at
all times.
50. City Furnished Software
50.1. The City shall provide the Contractor with access to the Job Order
Contracting software, PROGEN`'', under a license provided by The Gordian
Group, Inc. PROGEN°`° is a Job Order Contract management tool that
expedites the ordering and execution of work. The Contractor shall use
PROGENY' to prepare and submit Price Proposals, subcontractor lists, and
other requirements as determined by the City. PROGENY' contains an
electronic version of the Construction Task Catalog' for the Contractor's use
in preparation of Price Proposals. Use, in whole or in part, of PROGENY', the
Construction Task Catalog", or any other Proprietary Information provided
under the license from The Gordian Group, Inc. for any purpose other than to
order and execute work for the City under this Contract is strictly prohibited
unless otherwise approved in writing by The Gordian Group, Inc.
2009 City of Miami Beach Page '104 of 177
Project Manual JOC Supplemental Conditions
51. Job Order Contracting System License, Usage and Restrictions
51.1. The Gordian Group, Inc., through its agreement with the City, grants to
Contractor, and Contractor hereby accepts from The Gordian Group, Inc. for
the term of this Contract, anon-exclusive right, privilege, and license to utilize
The Gordian Group's Job Order Contract System and other related
proprietary materials (collectively referred to as "Proprietary Information") to
be used for the sole purpose of executing its responsibilities to the City under
this Contract. The Contractor hereby agrees that The Gordian Group Inc.'s
Proprietary Information shall include, but is not limited to, the PROGEN`Y'
software and documentation, the Construction Task Catalog', the Technical
Specifications. Training Manuals, additional training materials, and other
proprietary materials provided to the Contractor by the City or by The Gordian
Group, Inc. In the event that this Contract expires or terminates as provided
herein, this Job Order Contract System license shall terminate and the
Contractor shall return all Proprietary Information in its possession to The
Gordian Group, Inc.
51.2. The Contractor acknowledges that disclosure of Proprietary Information will
result in irreparable harm to The Gordian Group, Inc. for which monetary
damages would be an inadequate remedy and agrees that no such disclosure
shall be made to anyone without first receiving the written consent of The
Gordian Group, Inc. The Contractor further acknowledges and agrees to
respect the copyrights, registrations, trade secrets, and other proprietary
rights of The Gordian Group, Inc. in the Proprietary Information during and
after the term of this Contract and shall at all times maintain complete
confidentiality with regard to the Proprietary Information provided to the
Contractor, subject to federal, State, and local laws related to public records
disclosure.
51.3. In the event of a conflict in terms and conditions between Job Order Contract
System License, as set forth in subsection 51.1 above. the terms of this
Contract or any purchase order or similar purchasing document issued by the
City, the terms of the Job Order Contract System License shall take
precedence.
52. Cooperative Purchasing
52.1. Other entities within the State of Florida may elect to purchase construction
services from the Contractor utilizing this Contract, through a cooperative
purchasing arrangement: provided such an arrangement is acceptable to the
City, the Contractor, and The Gordian Group, Inc. and is in compliance with
all applicable laws and ordinances. If the Contract is accessed and utilized by
other entities, the Contractor agrees to promptly pay the City a one percent
(1%) administrative fee and agrees to promptly pay The Gordian Group, Inc.
a five percent (5°!0) licensing fee (Fees). The Fees shall be due and payable
within fifteen (15) days from the date that the Contractor receives payment
from any other entity ordering work by accessing the Contract. Fees not paid
t 2009 City of Miami Beach Page 105 of 177
Project Manual JOC Supplemental Conditions
by the specified deadline shall bear an interest rate of one and one-half
(1'/z%) per month until paid. The Gordian Group, Inc. and Contractor shall
mutually utilize the PROGENY software to track utilization, Fees, and
payments. The Contractor shall include in its price proposals to any other
entity ordering work by accessing the Contract, the Fees as a miscellaneous
reimbursable expense. The Contractor shall utilize the applicable line item
from the Construction Task Catalog'. The Contractor is to receive adollar-for-
dollar reimbursement (no mark-up) of the Fees. The Contractor shall not
include the Fees as a miscellaneous reimbursable expense in its Price
Proposal when performing work for the City. The Contractor shall have no
claim or right to any portion of the Fees. Failure to pay Fees in a timely
manner shall be considered a material breach of this Contract and, at the
Citys sole discretion, may be deemed grounds for termination of this
Contract.
52.2. The Contractor acknowledges that EZIOC, LLC will administer cooperative
purchases through this Contract and that the City shall have no obligation to
administer work by other entities. The Contractor shall inform The Gordian
Group, Inc. of cooperative purchasing arrangements by entering new project
information into the EZIQC, LLC website at http://www.ezigc.com.
52.3. The Gordian Group, Inc. authorize the Contractor's use of Proprietary
Information in the presentation and promotion of the availability and use of the
Contract by other entities. The Contractor authorizes the City and The
Gordian Group's use of the Contractor's name, trademarks and Contractor
provided materials in the presentation and promotion regarding the availability
and use of the Contract by other entities.
52.4. Neither the City nor The Gordian Group, Inc. shall be liable or responsible for
any obligation including, but not limited to, payment related to any other entity
ordering work by accessing the Contract.
52.5. Remittance of Fees: The Contractor shall remit the Fees to the following
addresses:
Fees Due the City:
Payments Made Payable to The City of Miami Beach
Mr. Gus Lopez, CPPO, CPPB
Director, Procurement Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Fees Due The Gordian Group, Inc.:
Payments Made Payable to EZIQC, LLC
Attention: A/R Department
The Gordian Group, Inc.
140 Bridges Road, Suite E
Mauldin, SC 29622
August 2009 City of Miami Beach Page 106 of 177
Project Manual JOC Supplemental Conditions
52.6. The City and The Gordian Group, Inc. may request records from the
Contractor for all cooperative purchasing conducted with other entities
through use of this Contract and payment of all Fees. If discrepancies exist
between cooperative purchasing activity and Fees paid, the City or The
Gordian Group, Inc. will provide written notification to the Contractor of
discrepancies and allow the Contractor thirty (30) days from the date of
notification to resolve the discrepancy. In the event that the Contractor does
not resolve the discrepancy to the satisfaction of the City and The Gordian
Group, Inc., the City and The Gordian Group, Inc. reserve the right to engage
a third party to conduct an independent audit of the Contractor's records, and
Contractor shall reimburse the City and The Gordian Group, Inc. for the cost
and expense related to such audits,
53. Communications
53.1. All papers required to be delivered to the City shall, unless otherwise
specified in writing to the Contractor, be delivered to
Mr. Gus Lopez, CPPO, CPPB
Director, Procurement Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
With copies to:
Tim Hemstreet, Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach. FL 33139
53.2. And any notice to or demand upon the City or shalt be sufficiently given if so
delivered, or deposited in the United States mail in a sealed, postage-prepaid
envelope, or delivered with charges prepaid to any telegraph or delivery
company for transmission/delivery to said Contract Administrator, at said
address.
53.3. Any such notice shall be deemed to have been given as of the time of actual
delivery; or, in the case of mailing, when the same would have been received
in due course of post; or in the case of telegram or delivery company, at the
time of actual receipt.
53.4. Notices required to be delivered to the Contractor shall, unless otherwise
specified in writing, to the City, be delivered to the address the Contractor
provided in the ITB Documents.
August 2009 City of Miami Beach Page 107 of 177
Project Manual Supplementary Condltlons
00600 SUPPLEMENTARY CONDITIONS
INTENTIONALLY LEFT BLANK
August 2009 City of Miami Beach Page 108 of 177
Manual Addenda and
07000 ADDENDA AND MODIFICATIONS
All addenda and other modifications made prior to the time and date of bid opening
shall be issued as separate documents identified as changes to the Contract
Documents.
August 2009 City of Miami Beach Page 109 of 177
Project Manual Addenda and Modifications
00800 CONTRACT
(NOTE: THE SAMPLE CONTRACT PROVIDED IN THE ITB DOCUMENTS IS
REPLACED AND SUPERCEDED BY THE FINAL EXECUTED CONTRACT (AS
EXECUTED BY THE PARTIES HERETO}, WHICH FINAL EXECUTED CONTRACT
SHALL BE INCORPORATED INTO THE PROJECT MANUAL AND THE CONTRACT
DOCUMENTS.]
August 2009 City of Miami Beach Page 110 of 1T7
BidfTender Form
00900 BIDfTENDER FORM
ITB #:
Submitted:
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this bid as
principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all respects,
made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the ITB Documents and all addenda
thereto furnished before the opening of the bids, as acknowledged below on Bid/Tender
Form, Page 6; and that it has satisfied itself about the Work to be performed; and all other
required information with the bid; and that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City: a political subdivision of
the State of Florida, pursuant to the terms and conditions of the Contract Documents and to
furnish all necessary materials, equipment, machinery, tools; apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
ITB#.
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the required
amounts as specified in the Contract Documents, and to furnish the required Certiftcate(s)
of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid
shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required
Performance Bond and Payment Bond, or fails to furnish the required Certificate(s) of
Insurance within seven (7) calendar days after being notified of the award of the Contract.
BID/TENDER FORM PAGE 1
August 2009 City of Miami Beach Page 111 of 177
Project Manual
BidlTender Fonm
ITB #:
SCHEDULE OF PRICES
The Bidder hereby proposes to furnish all labor, materials, equipment, transportation,
supervision, incidental scope documentation services as required, and facilities necessary
to complete in a workmanlike manner and in accordance with the Contract Documents, all
Work ordered under a particular Job Order for the compensation in accordance with the
following schedule of prices: The Contractor bids three (3) Adjustment Factors. Two will be
applied against the prices set forth in the Construction Task Catalog`" (CTC). The first
Adjustment Factor will be for work performed during normal working hours. The second
Adjustment Factor will be for work performed during other than normal working hours, The
third Adjustment Factor wilt be used for Non Prepriced Work Tasks. These Adjustment
Factors will be in effect for total duration of the contract.
Line 1 Normal Working Hours Construction: Contractor shall perform any or all functions
called for in the Contract Documents and the individual project Detailed Scope of
Work, scheduled during normal working hours in the quantities specified in
individual Job Orders against this contract for the unit price sum specified in the
Construction Task Catalog' (CTC) multiplied times the Adjustment Factor of:
i
(Specify to four (4) decimal places)
Line 2 Other Than Normal Working Hours Construction: Contractor shall perform any or
all functions called for in the Contract Documents and the individual project
Detailed Scope of Work, scheduled during other than normal working hours in
the quantities specified in individual Job Orders against this contract for the unit
price sum specified in the Construction Task Catalog'' (CTC) multiplied times the
Adjustment Factor of:
(Specify to four (4} decimal places}
BIDlTENDER FORM PAGE 2
August 2009 City of Miami Beach Page 112 of 177
Project Manual
BidrTenderFOrm
Line 3 Non Prepriced Work Tasks: Contractor shall perform any or all functions called
for in the Contract Documents and the individual project Detailed Scope of Work,
that are considered Non Prepriced Work Tasks multiplied times the Adjustment
Factor of:
(Specify to four (4) decimal places)
Line 4 Award Criteria Figure (From Line 7, Bid/Tender Form, Page 4)
(Specify to four (4) decimal place )
BXA\1YLE: Write the ?,diustment Pastor to four decimal places as the following example
itlustratcs.
1 1 8 9 8
cox
9 9 9 9
BID/TENDER FORM PAGE 3
August 2009 City of Miami Beach Page 113 of 177
Project Manual
AWARD CRITERIA FIGURE WORKSHEET
ITB #:
For the purposes of determining the low bid the Contractor shall complete the following
worksheet,
(Specify to four (4) decimal places}
1. Normal Working Hours Construction Adjustment Factor .....................
(Found on Bid/Tender Form, Page 2, Line 1)
2. Multiply Line 1 by (.80) ........................................................................
3. Other Than Normal Working Hours Construction Adjustment Factor...
(Found on BidlTender Form, Page 2, Line 2)
4. Multiply Line 3 by (.10) .........................................................................
5. Non Prepriced Work Tasks Adjustment Factor ....................................
(Found on BidfTender Form, Page 3, Line 3)
6. Multiply Line 5 by (.10) .........................................................................
7. Add lines 2 + 4 + 6 ....._ ........................................................................
(Award Criteria Figure)
The Bidder shall complete this Award Criteria Figure Worksheet and transfer the Bid
Adjustment Factors, (Lines 1, 3, and 5,) and Final Award Criteria Figure (Line 7) to the
space provided on the Bid/Tender Form, Page 3, Line 4 of this proposal. The lowest Award
Criteria Figure will be deemed the lowest bid. The City of Miami Beach reserves the right to
revise all arithmetic calculations for correctness.
Note: Should there exist a discrepancy in the Adjustment Factors bid on the Schedule of
Prices (Bid/Tender Form Page 2 and Bid/Tender Form Page 3) with the Award Criteria
Figure Worksheet (Bid/Tender Form Page 4), the Schedule of Prices (BidlTender Form
Page 2 and Bidtfender Form Page 3) shall take precedence.
BID/TENDER FORM PAGE 4
August 2009 Clty of Miami Beach Page 114 of 17T
Manual
ITB #
6idlTender Form
The Bidder shall acknowledge this bid by signing and completing the spaces provided below.
Name of Bidder
City/State2ip:
Telephone No.:
Social Security No.
or Federal Dun and Bradstreet No.:
(if applicable)
I. D. No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
(Sign below if not incorporated)
WITNESSES:
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
(Sign below if incorporated)
ATTEST,
(Type or Print Name of Corporation)
(Secretary) (Signature and Title)
CORPORATE SEAL)
(Type or Print Name Signed Above)
Incorporated under the laws of the State of
BID/TENDER FORM PAGE 5
August 2009 City of Miami Beach Page 115 of 177
Project Manual
ITB #:
Acknowledgement of Addenda
Directions: Complete Part I or Part II, whichever applies.
Bid/Tender Form
Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid'
Addendum No. 1,
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No 4, Dated
Addendum No. 5, Dated
Part II: No addendum was received in connection with this Bid.
Verified with Procurement staff
Date
Date
BID/TENDER FORM PAGE 6
August 2009 City of Miami Beach Page 116 of 177
Project Manual Supplement to BidlTender Form
00901 SUPPLEMENT TO BIDITENDER FORM
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER,
ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED
WITHIN THREE (3) CALENDAR DAYS OF THE CITY'S REQUEST.
of Miami Beach Page 117 of 177
Project Manual Non-Collusion Certificate
00902 NON-COLLUSION CERTIFICATE
Submitted this day of , 2009
The undersigned, as Bidder, declares that the only persons interested in this proposal are
named herein; that no other person has any interest in this proposal or in the contract to
which this proposal pertains; that this proposal is made without connection or arrangement
with any other person: and that this proposal is in every respect fair and made in good faith,
without collusion or fraud.
The Bidder agrees if this proposal is accepted, to execute an appropriate City of Miami
Beach document for the purpose of establishing a formal contractual relationship between
the Bidder and the City of Miami Beach, Florida: for the performance of all requirements to
which the Bid pertains.
The Bidder states that this proposal is based upon the documents identified by the
following number: Bid No.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
August 2009 City of Miami Beach Page 118 of 177
Project Manual Drug Free Workplace Certlflcation
00903 DRUG FREE WORKPLACE CERTIFICATION
The undersigned Bidder hereby certified that it will provide adrug-free workplace program
by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession. or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
abouk
(i) The dangers of drug abuse in the workplace:
(ii) The Bidder's policy of maintaining adrug-free workplace;
(iii) Any available drug counseling. rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
(3) Giving all employees engaged in pertormance of the Contract a copy of the
statement required by subparagraph (1).
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction:
(5} Notifying City government in writing within ten (10) calendar days after receiving
notice under subdivision (4) (ii) above, from an employee or otherwise receiving
actual notice of such conviction. The notice shall include the position title of the
employee.
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
federal, state, or local health. law enforcement, or other appropriate agency;
and
August 2009 City of Miami Beach Page 119 of 177
Project Manual Drug Free Workplace Certification
(7) Making a good faith effort to maintain adrug-free workplace program through
implementation of subparagraphs (1) through (6).
(Bidder Sicnaturc)
STATF. OF (Print Vendor Name)
CUUNTY UP
The foregoing instrument was acknowledged before me this da~~ of, 20
, by as
(title) of
(name of pennn whose signature is being notarized) (name of co~pontionrcompaac), kt10~L11 to nic to be the
person described herein, or wfio produced
as identification, and who dididid not take an oath.
NOTARY PUBLIC:
(Signature) (Print Name)
My commission expires:
August 2008 City of Miami Beach Page 120 of 177
Project Manual Trench Safety Act Acknowledgment
00904 TRENCH SAFETY ACT
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation
safety standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act,
and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with
the applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT FACTORS OF THE
PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY
ACT.
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE THIS
FORM. SIGN AND SUBMIT IT WITH THEIR BID DOCUMENT.
Name of Bidder
Authorized Signature of Bidder
August 2009 City of Miami Beach Page 121 of 17T
Project Manual Licenses, Permits and Fees
00905 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES
Pursuant to the Public Bid Disclosure Act, each license. permit or fee a Contractor will have
to pay the City before or during construction or the percentage method or unit method of all
licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by
virtue of this construction as part of the Contract is as follows:
Building Permits, Public Works Permits, Zoning Permits. and Fees required by the City for
Construction will be reimbursed to the Contractor by the City for the cost of the Permit/Fee
only as a Reimbursable task item with no marked-ups, meaning using an Adjustment
Factor of 1.0000. The cost for obtaining these Permits is to be included in the Contractor's
Adjustment Factor.
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-
DADE COUNTY, THE STATE OF FLORIDA, STATE OR OTHER
AGENCIES THAT ARE NOT INCLUDED IN THE ABOVE LIST SHALL BE
REIMBURSED BY THE CITY.
IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN ALL
PERMITS AND REQUIRED DOCUMENTS.
Occupational licenses from City of Miami Beach firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
Occupational licenses will be required pursuant to Chapter 205.065 Florida
Statutes.
August 2009 City of Miami Beach Page 122 of 177
Project Manual Recyclable Content Information
00906 RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law. Bidders are encouraged to supply with
their bid, any information available regarding recycled material content in the products bid.
The City is particularly interested in the type of recycled material used (such as paper,
plastic, glass, metal, etc.); and the percentage of recycled material contained in the
product. The City also requests information regarding any known or potential material
content in the product that may be extracted and recycled after the product has served its
intended purpose.
August 2009 City of Miami Beach Page 123 of 177
Project Manual Nondiscrimination Declaration
00907 NONDISCRIMINATION DECLARATION
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1. Vendor Information
Name of Company, Name of Company Contact Person:
Phone Number- Fax Number: E-mail:
Vendor Number iif known).
Federal ID or Social Security Number
Approximate Number of Employees in the U.S. (ff 50 or less, skip to Section 4, date and sign)
Are any of your employees covered by a collective bargaining agreement or union trust fund?
_Yes _No
Union name(s):
Section 2. Compliance Questions
Question 1. Nondiscrimination -Protected Classes
A Does your company agree to not discriminate against your employees. applicants for
employment, employees of the City. or members of the public on the basis of the fact or
perception of a person s membership in the categories listed below? Please note: a "YES"
answer means your company agrees it will not discriminate: a "NO" answer means your company
refuses to agree that it will not discriminate. Please answer yes or no to each category,
i Race _Yes _ No 1 Sex _Yes _ No
~ Color _Yes _ No I Sexual orientation _Yes _ No
1 Creed _Yes _ No Gender identity (transgender status] _Yes _ No
i Religion _Yes _ No I Domestic partner status _Yes _ No
~ National origin _Yes _ No _' Marital status _Yes _ No
I Ancestry _Yes _ No ~ Disability _Yes _ No
Age _Yes _ No AIDSIHIV status _Yes _ No
i_' Height _Yes _ No i Weight _Yes _ No
B- Does your company agree to insert a similar nondiscrimination provision in any subcontract you
enter into for the performance of a substantial portion of the contract you have with the City?
Please note: you must answer this quesfion even if you do not intend to enter into any
subcontracts. _Yes _ No
August 2009 City of Miami Beach Page 124 of 177
Project Manual Nondiscrimination Declaration
Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees
with Domestic Partners
Questions 2A and 26 should be answered YES even if your employees must pay some or all of the
cost of spousal or domestrc partner benefits.
A. Does your company provide or offer access to any benefits to employees with spouses or
to spouses of employees?
_ Yes _ No
B. Does your company provrde or offer access to any benefits to employees with (same or
opposite sex) domestic partners' or to domestic partners of employees?
_ Yes _ No
"The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered ,
as domestic partners with a government body pursuant to state or local law authorizing such registration, or
with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor
may institute an internal registry to allow for the provision of equal benefits to employees with domestic
partner who do not register their partnerships pursuant to a governmental body authorizing such registration,
or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor
that institutes such registry shall not impose criteria for registration that are mare stringent than those required
for domestic partnership registraton by the City of Miami Beach.
If you answered "NO' to both Questions 2A and 26, go to Section 4 (at the bottom of this
page), complete and sign the form, filling in all items requested.
If you answered "YES' to either or both Questions 2A and 26: please continue to
Question 2C below.
C Please check all benefits that apply to your answers above and list in the "other" section
any additional benefits not already specified. Note: some benefits are provided to
employees because they have a spouse or domestic partner, such as bereavement
leave, other benefits are provided directly to the spouse or domestic partner, such as
medical insurance.
ENEFIT
Yes for
Employees
with S ousel
Yes for Employees
with Domestic
Partners
No, this
Benefit is Not
Offered Benefit
Documentation is
Submitted with this
Form
Health r ~ ~ ~ ~
Dental_ ~ r ~
V Sion - v u
Retirement (Pension,
401(k etc.l - ^ ! ^
' Bereavement _ - r -r n
Famil Leave _ __ _ _ _ _ _ ~ ~ _r r
Parental Leave _~ __ _ _ ~ ~ ~
Employee Assistance
Pro ram ~ ~ ~ ~
_ _ ___
Reloe~tion & Travel ~ _ ~ n c
Company Discount.
Facilities & Events ~
_ u
Credit Union
Child
are ^
o - i
r _ _
-
C
Other o ~ ~
Note: If you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control,
(e.g ,there aro no insurance providers in your area willing to offer domestrc partner coverages you may
August 2009 Clty of Miami Beseh Page 125 of 177
Project Manual Nondiscrimination Declaration
be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash
equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and
have your application approved by the City Manager, or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C.
Wdhout proper documentation. your company cannot be certified as complying with the City's Equal
Benefits Requirement for Domestic Partner Ordinance. For example. to document medical insurance
submit a statement from your insurance provider or a copy of the eligibility section of your plan documenk
to document leave programs. submit a copy of your companys employee handbook. If documentation for
a particular benefit does not exist. attach an explanation.
Have you submitted supporting documentation for each benefit offered? _Yes _ No
Section 4. Executing the Document
I deGare under penalty of perjury under the taws of the State of Florida that the foregoing is true and
correct. and that I am authorized to bind [his entity contractually.
Executed this day of in the year , at
(City) (State)
Signature Mailing Address
Name of Signatory (please pent) City. State, Zip Code
Title
August 2009 City of Miami Beach Page 126 of 177
Project Manual Nondiscrimination Declaration
~"
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration, Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Procurement Division ONLY IF you,
A. Have taken all reasonable measures to end discrimination in benefits: and
B. Are unable to do so; and
C Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
1. The names. contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s) you received from such benefits providers, and if written
responses are unavailable, summaries of oral responses; and
4 Any other information you feel is relevant to documenting your inability to end discrimination in
benefits. including, but not limited to, reference to federal or state laws which preclude the
ending of discrimination in benefits.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing
is true and correct. and that I am authorized to bind this entity
contractually.
Name of Company (please print] Mailing Address of Company
Signature City, State, Zip
Name of Signatory (please print) Telephone Number
Title Date
August 2009 City of Miami Beach Page 127 of 177
Nondiscrimination Declaration
Definition of Terms
A REASONABLE MEASURES
The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures
provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end
discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in
benefits shall be based upon a consideration of such factors as.
(1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and
written documentation from these providers that they will not provide equal benefits;
(2) The existence of benefits providers willing to offer equal benefits to the City Contractor: and
(3) The existence of federal or state laws which preclude the City Contractor from ending discrimination
in benefits.
B. CASH EQUIVALENT
"Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if
applicable) m lieu of providing Benefits to the employees' Domestic partner (or spouse. if applicable). The
Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her
spouse.
Cash Equivalent The cash equivalent of the following benefits apply,
a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off
far death of a spouse- Cash payment would be in the form of wages of the domestic partner
employee for the number of days allowed.
b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly
premiums that are being paid for the domestic partner employee, to be paid on a regular basis while
the domestic partner employee maintains the such insurance in force for himself or herself.
c. For family medical leave. cash payments for the number of days that would be allowed as time off for
an employee to care for a spouse that has a serious health condition. Cash payment would be in the
form of wages of the domestic partner employee for the number of days allowed.
2009 City of Miami Beach Page 128 of 177
Project Manual
m !v'~~IAMIBEACH
Nondiscrimination Declaration
CITY OF MIAMI BEACH
SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM
Dectaratiore Nondlscriminatlon in Contracts and Benefits
This tone, and supporting documentaton, must be submitted to the Procuroment Drvisior. DS' entities
seeking t4 corttmct vrnn the City of Miami Beach Ihet wish lu delay ending Iholr tlisenmlrtalbn In Ddnctlts
pursuant tc the Rules of Procedure. as set out b01r>vv.
Fill out all secDOns that apply. Attach additional sheets as necessary.
A. Ooen Enrollment
Ending discrimination in benefits may be delayod umN the first etfeodva dato after the Grsl open
enrollment process toltovring tho date tho contract vAtlr the Clty begins, provided tliet the Cay Contractor
submits to the Procurement Division evitlgnce that reaeonabkr eflau am behty undertaken to en0
dlscrxninatlon in benefits. This dotay may not excoed inn years from the date the contract wdh the CITy
Is onloro0 Into. an0 only applfos to txxtefits far which an open anrdlment process is appiiceble.
Date next trerrehW plan year begins:
Uata nondincdminatnry benefits wilt be availahta: ~~,,..~_________
Reason for Delay:
Uescnptlon of eifons being undertaken to end discnmination N beneUls:
B. AdministraUve Actrons and Request far 6rtension
Ending dl6Crlminatlon to benetgs maybe delayed to allow atlminisbelive steps to De taken tc incoryorate
norrdlscriminotory bgneftt5 Intp Me Clly Cmtractors vtlrasauUUre. The tlrtte e6oUad for Vrarso
administrative steps shall appty only to those txm0fils for which adminlslretlvo stops aro nocoasap~ antl
may not exceed three months, An axtensfgn of this time may bD granted at the discretion o` me
Pmcuremenl Director, upon the written request ^I ttt0 Ciq~ ConVacWr. Adminlstrative steDS may Irx=hide,
twl era not tootled id, Harr BClbnb 0S Compute: SyStemb mbdiflCatIOI1S, parsonnei p011Cy RIVISIgns, end
Me Aevelopment and dislribuiion W omployoo wrnmunrptions.
DescdpUon of admmisUaltve steps and dates to be aChioved.
If requesting extenaior, beyond three months, please explain basis:
C. Collective Barg~IDLDg.AStl~£+nents (CBA)
Ending tllscttminatlon in Dents may be delayed until the expilaUOn of a Clry Contractors Currem
r'Alla.^tive Dargalning agreement(s) where all n( Cie fotlrrn~ing rondhions have been reel:
August 2009 City of Miami Beach Page 129 of 177
Manual Nondiscrimination DOClafatlOtl
7. The provision of bents is gbvamed by one or moro C011oCtlve bargaining agreemengs);
2.The C!ty Contractor lakes ail roasonedo measuros to end discrimination m benefds either by
requesting that the Uniorrs Involved agree to roopen the agreements In oroer IW the Gly
CorWacxor to laleo whatever steps necessary to and dlscnmlreaaon In 6enafite or by ending
discrimination In beneMs without reopening the collective bargaining agreements; and
3. In the avant that the Cily Comractor cannot entl tliscnminatgn in banofits dospile Iakmg all
reasonable measures a do so. the Clty Contractor provkfes a cash agtuvatont to ollg9rlo
omproyeas for whom benalits am not available. UNess oihenviae authoozed in writing by the
Procuremont Director, this rash equivalent payment must begin at the lime the Unbns refuse
to aAuw the collective uargaining agreements io be reopenotl, or In any Casa no longer Iran
tnrcw (3) months from the data the conimctvritn the Clry Is entered imo.
Fa a delay to be g: amed under !his provision, wrltton proof must be submided with this form that:
• The benefits for which the delay Is r~uested are govemad by a Cokeckva bargaining
agreement;
• All reasonatt+e measures have bean taken to stet discrimination in benefits (see Secllon
C2, above): antl
• A cash equivalent paymem will be provided to eligible employees for whom benefts are not
avaiable.
I decla2 (a certify) urWer penalty of penury under the laws of Ne State or. Rwida dtaf Iho foregang Is uue
end correct, end that I am authalzed to bind lttis emlry comradually.
Name o1 Company (ploase pant) biadmg Addres6 of Company
Signature City, Slate. Lp
Name of Signatory (please print) Telephone Number
Date ~~_
August 2009 City of Miami Beach Page 130 of 177
Manual Nondiscrimination Declaration
G.62 _ _
:~ _. ~ ~..
:,;L 1~'K kGFCf'~"JCC ~..4GC ~G Ct:><UAL C;Ct•E~FIIS ~:~~~~'rFl ~."•I E
STEP 1: UNDERSTANDING THE lAW
Whet dws tho law requiro?
IhE pro/•sad Crdlnmce w II •0qure ;vn<:Ir. conlroctors Going
tusi^r.: vrth Inc City oV M•umi Eeoch, wM: cry awardoi o
!:orerasa Frv:o0nr N compesiin~e bldg, to providx `C<;•-ul Benzfitz"
l0 1{rEn emplo)nm with comuG: pnrlmn, ne Iheq I:rwi;;e In
empbwe3 with spausez
Who is covered by tlaiz Ordinance?
C_mn::ifvNly :id City vsrnach wi,rnd nl a.•or it00j: Vii; wh_w
cenc~itrs monY.am Si o~ mbr full ame en plcveac- on Iheir
papollz Jcuny 20 or more wlenan work weoks Vm mo•e
ivnrrra~ion, zzE taucl Bsne'ils G•dmnnca Summery
What benefits are covered?
frw Cirdmance applies tc ell tece:o; arie26 by o comarler to Its
cmplrrvecs who 4a.•c spouses;: tiomssli,: ;n:hrers and of benefits
dierarl duecrrv :o such spo sa, ct dorrcalc pczroan, aeon when
IIIE emeloyee :ny3 rl'e xntire <C51 O' the EYnxhl. Ths Ir/IUd?Z :-0t
h ncr : mi4d :a. sict. Ixcve, b«eavemenl ~eara, iomi~y med-~.rnl
leave c cd hxdth baroEK
What Is a Domestic Pnl•mer?
F "Poneslic Vannes" sholl ncau a+y roro 12'~, adillt of fm :ano cr
ciNeterv sar wno hwa regissarnri os dsme3li:: partn«z rvfh a
cevarnn0nt bor}y purwan• h slcte and I«]i low cu!horizing sue-
trntrnioa a w•ilh ar. intarna'~ r0pitlR• :nainloinsc by +ha
cmp:ayo• o! or leas' cne of Mx dnnrosnr: p]•ma<s.
What ff a eentraetor is unable to offer benefRs
egaally?
Some rorhxtocs cne unabio le hnd cn iraumnr? earc•por•y willing
to aikr clcmestic aann« covelnae V; ntn a c>nlrechc: Joker all
raasoncbe: mxasu:es s, crop discnmmoting. bu cxi I n>r r«sonz
r-utsioe its canlro~, it mn campy rw•h tfw zlnl 6xneli!s vrdin]n;e
ii it aareez to pay o :-ash equiwlenl. r' cazn egwvalnnl is the
rmo.Inl a' m;;cny poll by ob u+nubyel ioi I•,N s~uussl bena%d If1at
n u•snlm.lahr* for r~+mcxt:r pa4nnrr rr vitn veua Fa more
inioa.a'ion sEx REO»nnhle MEnuve; Appillrn'~N+n
Whorl if a company call comply but mods Kme to de
il?
C'rcce u co^Irx+o: make; d <INa Thal it w;l~. comply Wal the
[:a,C:a .]IiOr. Ir Ceral'• E:N'Si0[x Eaalna al<: •tlvnaall]J i" berph'3
~nby bn dolor; Nd. Fn1 nmtam. o, ofiumg ms•Iii:al ins:ncoca mo•; be
wloye; until the ccnt•aaol's nr>v ern0lhlEnl peiod. u'her
nnebl: wcF m t:rmemneM bwe, rna;~ {x dtiayed w:ti. the
caaao~aar's penenrs; pc ucies co- >rs rxnsea. (ar max
mfnrmal•on, sro I?:Im of I'rmednw o1 the $obssanr:.l Compli]nce
=orm.
STED ?: HOW TO COMPIF:TE THE DECLARATION:
NON-DISCRIMINATION IN CONTRACTS AND
BENEFITS FORM
<¢~.on _ vk; tc. :rccn n,u'ion akovt yc ur .:empany. ff thu
company employs 50 or Isu omploysss in the
U.S., skip to Saclion d, dvsa and sign.
JZ 160 L. Glux,tloll :A OStS WhEll:b( r•.w: ccrowlry
p-ol.ihits disa~mination agansl peEap:e Faxes. on Ite
colr~u: a; In:raJ.
• Arowo `Y25' C ycsur :rmpcny d:,es hove SucF a
pally.
• An:wt: "N^^.' ?! you: ccsnpany dxs nN have such a
p]licy,
C.Wext:on '.basks wholncr yvV' tompany ogroe•.:o ins:u.7[•
c nol:d ~scr mwatinn clca~se in i' suMon]octs entx•ed mK•
for th.~ paforma^ce of a sobs'amad pasha: ai Ilia cny
<onhact. y:1u here wills •hE C.N. This <Iausx m,at inciurk
ell cl tie nakgerss Iis1Ed in goezhcn I F. You mull arsvrel
Iniz aur,-4cn aven iF yva campcny w;h nol Ee emernp into
uny svL+ccn:races assocea•ed wilF. w_rl peromec lar the
City
• Aoswal "YES' i( yos. w•I:I aTron to .nrlcdo 0
ccnd:r-:imina5on cl]:~se it zs:bcommacz
• Arrwer '~\.j' if yo.r w.h no: eg-ee tc ins vde o
ncndiwnmina•io.~ clarse i- v:bcmhx
•7urxsinr.__~•Q sk•: v:hnlhrn yo:n rnn::any r:fla. 6cnnh~
Ivxh as medical inssuanca~ iu empbyea3' spausas rr re
emtdovoes :>ocr:u:e Inay ors marred wuch cs oemavam0nt
iecw xr^rich car be risen CPCJJSE O' rtP. desnh a' ]
snauo, ar lamiv nIC:IKf-I loavo •=i:ic'r con bn laka•.
bxwsa of o sp].ISC• ha+wg o tariac-s n+ad:ml <on6nionf
• Amwer "YES' iI ycv cdfe: ary s:ch bxnzhh
• Answer "NO" if yc!1 do rrl slier any wrh benefi ;.
N01F: ~'ui me cur.ad:•n:d bs aHenn; a hmarir r+vn•; it
ynu d:.n'i Dory io• 1:. ii ar: ca-, !c :/•e br•»51 ,~ cnx•eci bo:
tk: vst must i>0 nmd m IahoiS br ir, anrr b. 1710 o:apiovon,
Yi,lr 171J JiG~ sl/il Lrnw'ei 'YES-"
J11Cif•n!1 :Ei aVCi whC*C. \•JL r.^TpanV Gf{n". tNY1HY.':.
!Sail ]3 mea:Ca •OWf]II!P, li. CTp'F_•yEPS' aeme59;
per^xrs r rc <•ma:oy0e. Fe<]uu~ Ili.^.y are In c domeznc
per:~:arsh:p Isaf: oa bureovema nl leow wields cos: M' taken
beccuse c! Rse d<cl> a~ a dcm0sur aorlnel a {ael Ay
rcredical leuw wi~ris ca •. be taken aamnst cf a domesic
parer having a :a'icvs menical cx:c!hora
• Fewer TES' !l yo1: ol(el cnj svrL ::mlvt~le
August 2009 City of Miami Beach Page 131 of '177
Nondiscrimination Declaration
NOTE 1. on;o'~. Wu mrsyou l I~e+heau ~A o^d sc sn ad Fomily Leave Tout vm coy e. Fon lv and Ned-.cal
I)e rre 3'ImF In YPIp Iln'0!a f ' Ir 157aY:CPJ. yJr. ?.as r0•'Ipi'r ~eaVe AJ 4 'CV. A:I Camplnl4f. wilt 5ti a! Rare
mdNlcur oke, •ny^ be of+!s eyualiv. SY:r F.ecsortatae ldr~s.res =mployees mu1 o3sr Ihl b. na5r_ Y:,ur policy shoulc
Appuc.,nor rom '.ndicote th;u employees roes. Coke le<sva be<auae of thr<
se:iau: mediml catdihen ni Hteir sF:ouse nr domestic
Asa:tion :?~: snarls ha fiflod ou+ JhI1' i% ya.• nave amwnrad atilt"a"_
"YES' ra quaslion 2A anaiar ?B. II •aas yes; to inaiccta which
Iwnolirn yar oAer to spausas io: employem ^r. nano thr>r a:,, Parental leave 'fw company's pc7icy indi;:a'in~l foal
married;, wh.cn benahls yon: oiler is docreshc pa•Iners is 'zm:)I:yors mny lukv Icravc hr the aid'r o: a(Iepti:;n or a
e-:ployees trecause fney are in a domessc partnx;hipj. and !hild, to care M• c :hi'~d who is II!, ar.d,~or to atrenc. schsal
which 6eneilrs you do• nU alFec Please indicate Doty those xnefits apParntmants. f• leave it a~+ciknbie fo: stg',chilcrgn ;Ihe
offsre<i. II voc o"er 6enaRrs net al-aa^.v Csterl. writo thnrc. i-~ wham %P~•use :china? then learg also shoals bg aaaeabie for Ine
i! says "a+Iser°. Rememi)er, offw~iag one,) .c• o eane6r is sriN child of a asmastic partner
crosic%<,:ed a benof4, evert ii your <nmoany anus oat Fay /o, it
Employee Assislaow Program Yuu+ conlpanyl
Note: I' yoc m+•'r of4)r al' bnnefi! u> a nondisc:+minabry macne; et::'rlayge cssistarv:.e program poli~cv carhrming tial
hgtacse of reasons oufAde yes/; ronna. (a. F. M.ro are .ao spouses. damcre parr.~RC. and Ihcir parents cna <h ldren
insvmnra prrwir7n•: wrl6rg :~ nkm dmm~xNr nadnn• rrvn.m~nl areaquullycis^yibla larineliclhlo; to such benefirs.
fao may he ekglb/e ix Reosanan~ A4ensv.•es campNanco. .a
;amply a^ eti; bosis, yr:!. mv;J nC~ree to flay a cash ogvivafanr Relocatan & Travel Yx~ we;pany's policy caetirm:ny
subrr,i; a complahad RaasvcoG'e •14aasa:es liGpliratlort frnm IviM :hat expensea for travel or relo::anar wIl br paid on me
ai! neaemrv cCachzen? ord bava y:~J+ appiic^'san appr'ovrsd by -ctmc bass ro• -,noses and ecmac9c parhlers of
rte Pra:u+afna•n Dfvumn or+f,e !;iN of A~lomi PzJCk_ empbyeas
Dis<ounls, Facilities & Eversis Your <nm.pnny~x p:lcy
Step 3• ATTACH i1•IE NECESSARY DCICUMENTATION
• canhrmmc vital d~ti:oV Ala, to: itioes le.g. gysr; and z+e: ds
leg holiday peryj ale egwlly ovc~tabiz t stsa: xs and
;.e)i•+r ,' staro; that you must submit dacumentohar that verf:es o°mc;tir aartr.ors of employees.
ell b?netA> mcrkad lr. yes r anewer to (duuslia^. 2C era ofler!e1 m o
nond:/riatinarory mannor When tie55ib!^ if c best i~ ynv when;, Creetit Union Ucr>:menlalson f-om she cratll orlon
This doeumPreatian along wilb goer Dsrh:raliot roan. Frn pales as nrilcaiiny Ira: soous±s anti dames:i~: parhero have eaua
tlta' oro onwriCan wbmil a Ie;ler to she Prcauromunv Di•nsio,; cscezs !c c~edi• union selwces.
Indlcal'~ng tni; Use the list ealow as a ruiao for thr type et
cvscumonlaaon needed Child Gore Dccumareaucr~ ha: the children ct spousos
laentdildr4nj and nhd%lren o' dourest+c pennon have equo
Madieal Insuranee F, s+abnsarl true yau• modicoi msurancc asses: sr. colic caro novices
provicer Iha~ car Hrm; sFauses and dcmes:i< ponners los defined
under th i> so•or_zj tote va egce ccweroge in ye•ur medlca: Otttsr Benefits DacnmenlaF.on of any othea be:refLs I Stec
plan. Thi; mcy be it a LFEr frcc+ gar mrvmn<e provixr, a to mart tits tl:cn they ors ;:?Peres zcualiy.
retleUed m the ehgiailily sr•ctior. of ywr uHiriai insuranze p'~on
document. Sin::or ar..umervncn as headed for usher ypes al Fn medial ~rsvromo mmpanas provid+nc dernrrri:
:murunn• plod:- padner covsraGe in Y.,e $saln o' Flari6c, refer to the
Dcmeslic Farhwr Iernance Cove•aTe ~earci• evallabte
Retirement Plans {itxluding 401k $ pension plans) online art wW,y tnigm;U?c:. iF.gm' ~.lnder &uness<,
'hc soctbn> o° your punsian plan dero'~:ing hew emalayoes preturemen' d:a^ dawn Lsl.
waova hmncfit: Tfru should savor lomr annum; oohans anr' cl~r,
:OIrlHmanl anal)) ix:ar•Sn (i(r.'u^'.wllattan sF.<U K: ~nriitare Thal
Fr;r any quesL•cros or she ity of Miami heneh Eewl
emniyees with ssamzz~i< pcrnlers and employees wiF spouse; sene(its Ordinance of haw tc corrprese Ilre aaphcei~e
rera"va thc• : cma ix•neiiG and pe•,m~.enl ootioa. 'r=rtes, Edease can'oe'
8ereovemsnf leave '+ou• ae+ecvomenl leave o% him ~~~! Inava Gisrirw Pelvat Caxran C:omarr:mca Sp[1 ~rAisr
:xtlicy :rdicalicg lit=
beoefil ~+ oHrs•oa egoolly II your lwlicy "R:>: Ua Bn7.T DIvI51hN
7
;
r
F
B
3
I3
allows nmp'~oyanr. mm~ ,,^,ff kom wcvk '.xccuse of the anab+ of a _
p
grvu~ll~ :_ers4r Drr+a, DMani
eu.T.
l
a
9
te1: :505<Ja-74aG;" iv>: 7no~:NS gOaQ:
sFtiuse, i~ should obc~ ahcw irn Ilnw o%+ hecovse o' •he death of a CI edVO1:4lYa•AO'l:T~l':ard'nA ODD
domesli:: yutrter. If .he ;:r,6-y chew; fc• cane oft due :e the de~tli
a' C p,Zranl to aW r:I Olhu't rnla'1•~p a~ \: SaPa:::• 't n1USI li'/_IUrir? II:n4 4~~y O':V !a:'ImrRga r.; f~lalld:n:7 Pi(MUpTI PU.AA SNi Y':.:N OtI~SAfifr
aft tn' N,n aer1111 of a :10.125G:: piXhlel 5 P.q:9Y'aleal rA:Ut1yF. "' alp "'lu'lus rcarN 9:0 olW !• aV• vlq¢Y•. qcp\'U„ I:i>.'aN:
2009 City of Miami beach
Project Manual Contractor's Qualification Statement
00908 CONTRACTOR'S QUALIFICATION STATEMENT
ITB Number:
Contractor Name:
The undersigned certifies under oath that the information provided herein is true and
sufficiently complete as not to be misleading:
Submitted By:
Address:
Corporation ^
Partnership ^
Individual ^
Joint Venture^
Principal Office Location
Other ^
Name of the Project: Job Order Contract -ITB
1. Organization
1.1 How many years has your organization been in business as a contractor?
1.2 How many years has your organization been in business under its present business
name?
1.2.1 Under what other names has your organization operated?
August 2009 City of Miami Beach Page 133 of 177
Project Manual Contractor's QualNicatlon Statement
1.3 If your organization is a corporation, answer the following:
1.3.1 Date of incorporation
1.3.2 State of incorporation
1.3.3 Presidents Name
1.3.4 Vice President's Name
1.3.5 Secretary's Name
1.3.6 Treasurer's Name
1.4 If your organization is a partnership, answer the following:
1.4.1 Date of organization
1.4.2 Type of partnership (if applicable)
1.4.4 Name(s) of General partner(s)
1.5 If your organization is individually owned, answer the following:
1.5.1 Date of organization
1.5.2 Name of Owner
1.6 If the form of your organization is other than those listed above, describe it and name the
principals:
August 2009 City of Miami Beach Page 134 of 177
Project Manual Contractor's Qualification Statement
2. Licensing
2.1 List licensing evidencing your organization is legally qualified to conduct business in
Florida and perform the scope of work described in this ITB respective to the Job Order
Contract that you are bidding (see Invitation To Bid -Bid Table), and indicate
registration or license numbers (also attach photocopy of license(s)):
3. Experience
3.1 List the categories of work your firm normally performs with its own forces.
3.2 Claims and suits. (If answer to any of the questions below is yes, please attach
details).
3.2.1 Has your organization ever failed to complete work awarded to it?
3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or
outstanding against your organization or its officers?
3.2.3 Has your organization filed any law suits or request arbitration with regard to
construction contracts within the last five (5) years?
3.3 Within the last five (5) years, has any officer or principal of your organization ever been
an officer or principal of another organization when it failed to complete a construction
contract? (If the answer is yes, please attach details).
August 2009 City of Miami Beach Page 135 of 177
Project Manual Contractor's Qualification Statement
4. Attach Organizational Chart hereto.
5. Attach Staffing Plan hereto.
August 2009 City of Miami Beach Page 136 of 177
Project Manual Performance Evaluation Survey
00909 PERFORMANCE EVALUATION SURVEY
m MIAMIBEACH
City of Wtiami eoaeh, 1 %OG Corvent:on Cenler Urive, Miam~ Be: ch, >in ~'da 3:11^9, w~.vw min~~ii>eaeiilLcov
PROCUREMENT G!VISION
lc! 305b73~7495, tax. 786$944007
Individual Providing the Survey Response
Phone:
Fax:
E-mail:
(Clients Name)
Subject: Performance Evaluation of _._....
(Construction firm and/or Project ManagerJSuperintendent)
Number of pages including cover 2
To Whom It May Concern.
The City of Miami Beach has implemented a process that collects past performance information on
various Contractors that have the qualifications, experience and successful project completions on
past municipal and private construction projects. The information will be used to assist City of Miami
Beach in the selection of qualified firms that can provide Construction Improvements for the
Normandy Shores Golf Course Club House Facility.
The company listed in the subject line has chosen to participate in this program. They have listed
you as a past client that they have done work for. Both the company and City of Miami Beach would
greatly appreciate you taking a few minutes out of your busy day to complete the accompanying
questionnaire.
Please review all items in the following attachment and answer the questions to the best of your
knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your
best judgment and score accordingly, Please return this questionnaire to Gus Lopez by Aprii
24. 2009, or earlier. by fax: (786) 394--0007 ore-mail guslopez{a?mlamibeachfl gov.
Thank you for your time and effort.
August 2009 Clty of Miami Beaeb Page 137 of 177
Performance Evaluation
nn~Anni BEACH
City of MiOmi Beach, 1700 Convsrr~cn Canter "hive, N~3i rr7 he~ct, rionya ~? 139, vn•,m.n,1,nFLeaahlLycv
PROCl1RFPAFNT DIVISION
Tel. 905-673-7495; raxr 786-394-d09
PERFORMANCE EVALUATION SURVEY
ITB 22-08!091 ITB 23-08/09 ITB 24-08/09 /ITB 25.08109 ITB 26-08!09 /ITB 27-08109
Date:
Project Name,
Name of Contracting Firm Being Recommended _
Phone and/or a-mail of the above Contracting Finn:
Please evaluate the performance of the Contractor's firm on a scale of 1-10. with 10 meaning you
are very satisfied and have no questions about hiring them again, and 1 meaning you would never
hire them again because of very poor performance. If unknown, please indicate by entering "N/A".
NO CRITERIA UNIT
1 Ability to manage the project cost (minimize change orders) l1-10)
2 Ability to maintain project schedule (complete on-time or early) (1-10)
3 Quality of workmanship (1-10)
4 Professionalism and ability to manage (includes responses and )
(1-10
rom t ayment to_supeliers and subcontractors
Close out process (no punch list upon turnover, wananties, as-
5 builts, operating manuals, tax clearance, etc. submitted {1-10)
_ : prom tl
6 I Communication, ex lanation of risk, and documentation 1-t0 I
7 Ability to follow the users rules, regulations, and requirements ) '
(1-10
(housekee~~safety, etc..,!
8 Overall customer satisfaction and hinng again based on
10i
p~ffurmHfC~' irDf11f0fi IEV217f1 hiliritl GOfllraClVf aGdifl'I
Overall Comments:
Company providing Referral
Contact Name:
Contact Phone and a-mail:
Date of Services.
Dollar Amount for Services
Please return this questionnaire to Gus Lopez by April 24, 2009, via fax: (786) 394-4007 or
email gusloaezCa?miamibeachfl.gov.
August 2009 City of MIamI Beach Page 138 of 177
Project Maaual Bidder's Past Projects
00910 BIDDER'S PAST PROJECTS
Related Project Experience.
Complete the forms on the following and provide five (5) sample construction projects
that your company has completed or that are in progress, that are similar and of the
same complexity to the types of work required under this Contract.
August 2009 City of Miami Beach Page 139 of '177
Project Manual Bidder's Past Projects
SAMPLE PROJECT 1 OF 5
CONTRACTOR'S NAME'
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE: FAX
CLIENT'S EMAIL ADDRESS,
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment and/or BeachlBay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes and/or modifications were experienced during the course of the
project?
August 2009 Clty of Miami Beach Page 140 of 177
Bidder's Past
(SAMPLE PROJECT 1 OF 5, CONTINUED)
How did those changes/modifications affect the schedule?
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: S
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE.
PROJECT MANAGER:
PROJECT MANAGER:
TELEPHONE NO:
*ATTAGH ADDITIONAL SHEETS IF NECESSARY*
2009 City of Miami Beach Page 141 of 177
Project Manual Bidder's Past Projects
SAMPLE PROJECT 2 OF 5
CONTRACTOR'S NAME:
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE: FAX
CLIENT'S EMAIL ADDRESS:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment andlor Beach/Bay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes andlor modifications were experienced during the course of the
project?
August 2009 City of Mlami Beach Page 142 of 177
Bidder's Past
(SAMPLE PROJECT 2 OF 5, CONTINUED)
How did those changes/modifications affect the
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE:
PROJECT MANAGER:
PROJECT MANAGER:
TELEPHONE NO:
'ATTACH ADDITIONAL SHEETS IF NECESSARY'
2009 City of Miami Beach Page 143 of 177
Manual Bidder's
SAMPLE PROJECT 3 OF 5
CONTRACTOR'S NAME:
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE: FAX
CLIENT'S EMAIL ADDRESS:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment andlor BeachlBay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes andlor modifications were experienced during the course of the
August 2009 City of Miami Beach Page 144 of 177
Manual Bidder's Past
(SAMPLE PROJECT 3 OF 5, CONTINUED)
How did those changes/modifications affect the
CONTRACT AWARD AMOUNT S
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: ~
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL COMPLETION
PROJECT MANAGER:
TELEPHONE NO:
'ATTACH ADDITIONAL SHEETS IF NECESSARY'
August 2009 Clty of Mlami Beach Page 145 of 177
Project Manual Bidder's Past Projects
SAMPLE PROJECT 4 OF 5
CONTRACTOR'S NAME-
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE: FAX
CLIENT'S EMAIL ADDRESS:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment and/or Beach/Bay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes and/or modifications were experienced during the course of the
project?
August 2009 City of Miami Beach Page 146 of 1T7
Bidder's Past
(SAMPLE PROJECT 4 OF 5, CONTINUED)
How did those changeslmodifications affect the
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: S
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: ~
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL COMPLETION
DESIGNER:
PROJECT MANA(
TELEPHONE NO'
'ATTACH ADDITIONAL SHEETS IF NECESSARY'
August 2009 City of Miami Beach Page 147 01177
Manual Bidder's Past
SAMPLE PROJECT 5 OF 5
CONTRACTOR'S NAME:
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE: FAX
CLIENT'S EMAIL ADDRESS:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment and/or BeachlBay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes and/or modifications were experienced during the course of the
August 2009 City of Miami beach Page '148 of 177
Manual Bidder's Past Projects
(SAMPLE PROJECT 5 OF 5, CONTINUED}
How did those changes/modifications affect the
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE:
PROJECT MANAGER:
PROJECT MANAI
TELEPHONE NO:
`ATTACH ADDITIONAL SHEETS IF NECESSARY"
August 2009 City of Miamt Bsach
Project Manual Interviews of
00911 INTERVIEWS OF KEY PERSONNEL
Introduction
Key Personnel includes, but are not limited to, the Bidder's project manager(s).
estimator(s), and superintendent(s). The purpose of the interview is to rate the following of
key individuals in their respective areas:
1. How well they see the project, from beginning to end.
2. Can they pick out and prioritize the critical points (risk) in terms of time and cost,
and have they preplanned for them?
3. Can they continuously improve?
4. Can they measure their own performance?
5. Can they minimize change orders, additional charges, and customer
dissatisfaction?
Format
The key personnel shalt be evaluated by the Technical Review Panel during its meeting(s),
and should be prepared to attend if invited to provide a presentation. The interview will
cover the above points. Key personnel will be questioned by the Technical Review Panel
and other individuals who may include the procurement staff and personnel from several
City user Departments such as CIP, Public Works and Parks and Recreation.
August 2009 City of Miami Beach Page 150 of 177
Project Manual Form of Certificate of Insurance
00912 FORM OF CERTIFICATE OF INSURANCE
BID TITLE
ITB No.
Insurance Checklist
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per
occurrence for bodily injury property damage to include Premises/ Operations:
Products. Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-ownedlhired
automobiles included.
4 Excess Liability - $ 00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as an additional insured on the liability policies; and it must be
stated on the certificate.
XXX 6. Other Insurance as indicated:
_ Builder's Risk Insurance will be determined on a project-by-project basis.
Liquor Liability $ 00
_ Fire Legal Liability $ .00
_ Protection and Indemnity $ .00
_ Employee Dishonesty Bond S .00
Other 5 .00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+: VI or better, latest edition.
XXX 9. The certificate must state the bid number and title.
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5j days after bid opening.
Signature of Bidder
August 2009 City of Miami Beach Page 151 of 177
Project Manual
00913 FORM OF BID BOND
Form of Bid Bond
Contractor must submit a bid guaranty in a form acceptable to the City.
August 20D9 City of Miami Beaeh Page 152 of 177
Project Manual Form of Performance Bond
009'14 FORM OF PERFORMANCE BOND
BY THIS BOND, We as
Principal, hereinafter called CONTRACTOR. and as
Surety, are bound to the City of Miami Beach. Florida, as Obligee, hereinafter called CITY,
in the amount of an initial Two Million Dollars (52,000,000) for VERTICAL CITYWIDE, an
initial Two Million ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred
Thousand Dollars ($500,000) for ELECTRICAL, an initial Five Hundred Thousand Dollars
($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for
WATERPROOFING/PAINTING, and an initial Five Hundred Thousand Dollars {$500.000)
for ROOFING for the payment whereof CONTRACTOR and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract, ITB
No.: ,awarded the day of , 20
with CITY which Contract Documents are by reference incorporated herein and made a
part hereof, and specifically include provision for liquidated damages, and other damages
identified, and for the purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
Performs the Contract between CONTRACTOR and CITY for construction of Job
Order Contract ITB the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the
Contract: and
Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the
Contract, CITY having performed CITY obligations thereunder, the Surety may
promptly remedy the default, or shall promptly:
2009 City of Miami Beach Page 153 of '177
Project Manual Form of Performance Bond
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by
Surety of the lowest responsible Bidder, or, if CITY elects. upon
determination by CITY and Surety jointly of the lowest responsible Bidder.
arrange for a contract between such Bidder and CITY, and make available
as work progresses (even though there should be a default or a succession
of defaults under the Contract or Contracts of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the
balance of the Job Order Amount; but not exceeding, including other costs
and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of the Job Order
Amount," as used in this paragraph, shall mean the total amount payable by
CITY to CONTRACTOR under the Contract and any amendments thereto,
less the amount property paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation under
this Bond.
Signed and sealed this day of , 20
August 2009 City of Miami Beach Page 154 of 177
Project Manual Form of Performance Bond
WITNESSES:
Name of Corporation)
By
{Secretary) (Signature and Title)
(CORPORATE SEAL]
(Type NamelTitle Signed Above)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY
By
Agent and Attorney-in-Fact
(Address: Street)
(City/State/Zip)
August 2009 City of Miami Beach Page '155 of 777
Manual Form of Payment Bond
OU915 FORM OF PAYMENT BOND
BY THIS BOND, We
as
Principal, hereinafter called CONTRACTOR, and as Surety,
are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the
amount of an initial Two Million Dollars (S2,000.000) for VERTICAL CITYWIDE, an initial
Two Million Dollars ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred
Thousand Dollars (5500,000) for ELECTRICAL, an initial Five Hundred Thousand Dollars
($500.000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for
WATERPROOFING/PAINTING, and an initial Five Hundred Thousand Dollars ($500,000)
for ROOFING for the payment whereof CONTRACTOR and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: ,awarded the day of , 20 _ with
CITY which Contract Documents are by reference incorporated herein and made a part
hereof, and specifically include provision for liquidated damages, and other damages
identified, and for the purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)
for all labor, materials and supplies used directly or indirectly by CONTRACTOR in
the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and
who has not received payment for its labor, materials, or supplies shall,
within forty-five (45) days after beginning to furnish labor, materials, or
supplies for the prosecution of the work, furnish to CONTRACTOR a notice
that he intends to look to the bond for protection.
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety (90)
days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety, written
August 2009 Clty of Miami Beach Page 156 of 177
Project Manual Form of Payment Bond
notice of the performance of the labor or delivery of the materials or supplies
and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
Name of Corporation)
By
(Secretary) (Signature and Title)
(CORPORATE SEAL)
(Type Name(Title Signed Above)
IN THE PRESENCE OF: INSURANCE COMPANY
By
Agent and Attorney-in-Fact
(Address: Street)
(City/State/Zip)
Telephone No.:
August 2009 City of Miami Beach Page 157 of 177
Manual Certificate as to Corporate Principal
00916 CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ,certify that I am the Secretary
of the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that ,who signed the Bond(s) on
behalf of the Principal, was then of said corporation; that I
know hislher signature; and hislher 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.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
(Seal) as Secretary of
(Name of Corporation)
(SEAL)
SS
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
me well known. who being
by me first duly sworn upon oath says that he/she has been authorized to execute the
foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on
behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this day of , 20_
My commission expires:
Notary Public, State of
Florida at Large
Bonded
2009 City of Miami Beach Page '158 of ~ 77
Protect Manual Bid Guaranty Fonm J Unconditional Letter Of Credit
00917 BID GUARANTY FORM /UNCONDITIONAL LETTER OF CREDIT
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention Center Drive in United States Funds
Miami Beach, Florida 33139 Expiring:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order of and for the account
(branch address)
of
(contractor, applicant, customer)
up to an aggregate amount; in United States Funds, of
available by your drafts at sight. accompanied by:
1. A signed statement from the City Manager of the City of Miami Beach, or his
authorized representative. that the drawing is due to default in performance of
obligations on the part of
agreed upon by and
(contractor, applicant. customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
pursuant to the Bid/Contract No. for
(name of project)
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No. of
dated
(Bank name)
This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall
not in any way be modified, amended, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
August 2009 City of Miami Beach Page 159 of 177
Manual Bid Guaranty Form 1 Unconditional Letter Of Credit
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.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer)
shall be a release of all obligations.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 1X00 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. ff a conflict
between the law of another state or country and Florida law should arise, Florida law shall
prevail.
Authorized Signature
August 2009 City of Miami Beach Page 160 of 177
Project Manual
Performance and Payment Guaranty Form !Unconditional Letter of Credit
00918 PERFORMANCE AND PAYMENT GUARANTY FORM /
UNCONDITIONAL LETTER OF CREDIT
Date of Issue
Issuing Bank's N
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention Center Drive in United States Funds
Miami Beach, Florida 33139
Expiry:
We hereby authorize you to draw
BidlContract Number
(Bank, Issuer name)
by order of and
(branch address)
for the account of
(contractor, applicant, customer)
agreed upon by and between the City of Miami Beach. Florida and
up to an aggregate
(contractor),
amount, in United States Funds, of available by your drafts at
sight. accompanied by:
A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part,
(contractor, applicant, customer) pursuant to the
(applicant, customer} Bid/Contract No. for (name of project)
and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
August 2009 City of Miami Beach Page 161 of 17T
Project Manual
Performance and Payment Guaranty Form t Unconditional Letter of Credit
(expiration date}
Drafts must bear the clause: "Drawn under Letter of Credit No
(number)
of dated 200_.
{Bank name)
This Letter of Credit shall be renewed for successive periods of one (1) year each unless
we provide the City of Miami Beach 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
the City that this Letter of Credit will expire prior to performance of the contractor's
obligations wilt be deemed a defau-t.
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 to which this Letter of Credit is referred 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 credit that such drafts will be duly honored
upon presentation to the drawee.
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 (1993 revision), Publication No. 500 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
August 2009 City of Miami Beach Page 162 of 177
Project Manual Statement of Compliance -Davis Bacon Act
00919 STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
Contract No.
Project Title
As required. if any on a Job Order by Job Order basis, 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.
20
Contractor
By
(Signature)
STATE OF )
SS
COUNTY OF )
(Name and Title)
The foregoing instrument was acknowledged before me this day of, _
20_, by _who is personally known to me or who has produced as
identification and who didldid not take an oath.
WITNESS my hand and official seal, this day of , 20
(NOTARY SEAL)
{Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
My commission expires. (Serial number, if any)
August 2008 City of Miami Beach Page 163 of 177
Davis Bacon
00920 DAVIS BACON WAGE DECISIONS
C:}~,fVGP..=L ULC:~`_.I•:?C7: L=._52'^_'UJ:?_ ('iZ'a~'~~~i =: FL1
Cate: January 23, C~Cg
General Dccisioa Narti~~er: _LCCCCCCCI C1/23/20~9
,iUp°:'SP.d°Ci iE:;'iE ral ~ICC: S'. on ~411TI1t:°:": ~'1..l Qfi^ri7(11
Styte: Flnrida
Cor.~trc.t.icr~ T•.%Je: Gu__c_no
Cocr.ty: 'diami-Cacti County ie Floride:.
BUILCSNG COh]GTR.7CT=C?; PRCJEC"_'S ~;.~oes :ict i-ica,~.^.e s`n•~:e fan'.',
ho_res ar::1 apurtraents u~ to an~.~ ir.cladin:: ic.rr ;4; .......=AGj
f~todificatic~~ ?dun. ex Puwiicaticr Date
~~ c~,'caizccs
.. C211a~`2C03
2 C'!~1J20C~?
3 rY~~'i:00a's
9 C"!18I2C~r~~
5 Cr!1~i2r~n:
5 C9j19J%nC~g
• 1C'r 10,'2C1vE
ri~il.5/~~~i i1y
Ra~e~ F_ir.ce.=.
:•.snesto.=. 5~~orkeri'=1eac ~-~d
F-ost Ir.sclatcr ..................~ Z'~.C!' 1(?.~5
----------------------------------------------------------------
ELEC0+9ti-OG1 JS, J:l2JJg
Ir.rlcdic;:: Fire :•! arri =nsta__aLior.
dal<~s Fxiagcs
1.='i"1'F I :` I :iIV i n•~: uc_na N'i r=-
ylarT. I-.s^a1_at_on;
,lee*rica] ::~onr_--a^ts
i nc:7 a:3inq Hate- al s t.h.at
August 2009 City of Miami Beach Page 164 of 177
Project Manual Davis Bacon Wage Decisions
d"e over :;2, CJ';?.'.~, C700......... S 28. of 8.00
F,l~ctrical cen~racts
ir.clc:.iina nra'.er_ais t}':at
arf• urrdcr $2, CCC, CCC........ S 2b.15 S..i3
-----------------------------------------------
_L°'•i4C1'1-~C] C1iC1/2i?ii9
RatFS =ringPs
:'1,~:'v'HIOR hiECH-i~IC ................$ 3'~.2L 1K._~:?
F~~'~TNOTL FOR ELL"<_yTGR CQN~IRUCIOk~:
F•.: Emgi•~yer :cr.trih•a*_es 8: bas'_c 1-~ourLy ra,e fc:•r 5 years cs
mere of service or c> basic hour'v rate fir ~ clon:hs :c 5
years ~f Ser:.°1 CF. .95 ':~c:Ca-'_On _°c3 j+ f:.°P.r_T~ ~~c3'C: Hi',•.'OeyS:
Ne:~: ~'=a°~S -J3~'~ r°. F.t[iCrlal Cay; _nGP.Dc=:nGEnOF ~:c~y:
7'hanks~~+~irr; llay; Chris-mas Cay, p.us the F'r'_any a--er
'Phanksgi :~ir~.
------------------------------------------------------------
x CI~~'Ifi~:B':-(i01 ~'~LICLl2CCS'
Rates Fric~es
Pcv:er eylipment o~c_ato_s:
~cc!r. Irucx Ovc:ralor...... ...5 28. 55 ..GS
CY a.1C: ;IACIUQ_fl ~J '_'r GCic
Cranei ................... .... 28. 55 ..c~`_•
Crane 0__er !=r.:_L~dir.~
Ir,ack Crane . ............ ... 2C~. CC ..65
---------------------------- -------- ---- ---------
IROPd02'2-CC1 1t".~/~~1ii00C
Ra-.es -riages
i_ronr:o~kers:
C..:-r amert.al .......... ........5 2~. 7C 1-
Reirfi--i~ ....... .........5 26. ?C .. L.
P1 Iif,IC~'~l 9-~:!i~l 04i " hi ~'iC
Rates F'rir~es
FLilt~'j~R ..........................5 %~.C~- ..93
August 2009 City of Miami Beach Page 165 of 177
Project Manual Davis Bacon Wage Decisions
FLO?'-'G;_`-5;j'_ ;17;`_x/ =i
Rotes -r_nyes
'I:>F,F--"EF'.
----------- (_nc
---- lu<iing II`.'fi~i..
-------------- ....5 3C.55
----
- ~."1C
-
* SFFLC821-
(iC1
Cli'C1 ~~~~~~ -----
-- --------
-
fia_es F~ir.ges
SFRINKLEfi
---------- FI^iT=~ ............
----------------- .....S 22.2:
------------- Is. r, r;
-----------
Raps Fringes
SY_eet metal 'n~c:rker (=n•~lu~.~irc
Ii~~iP.: ::Y1Ct 'n'C;r,i ................~' 2~.?C Iv. So
__________________________________________________
Rates . 'r1nCJe5
Acoustlca: ^_iie Installer...... ..; =J.BJ C. 62
Br:c:k:aye=/6locklayer.......... ..$ =5.36
CARFEI;':ER ! Ir_;:ludiny Dry'aa1=
Harcirc lr:d EaLL Installa~_ani. ..S i2. G0 ~. 4C:
vemer.t 'wiasor.l.oncre ~e ='_n` sh~~. .. S ~ 4.5C z. 1
J:iYi^iAL~ FINI°~9ER/'fF.?F~R......... ..5' 12.50
FLOOR SAYER: ':?;.F:Nh'.'I' ............ . ° 14. ~5
;,ahorers
P=_:?e:a~aers .................. N 13.81
--aserer T2nde_s........... $ 1s~.05
.lnsk:__ec i;Inolcdira '-i~so_s
P.y1K':'E4: Bresh ~:r.l • . • . • .. • . .. °..~I
August 2009 City of Miami Beach Page 166 of 177
Manual Davis Bacon
Fc~~~er ecu'. r,rnert. :pFra-or
Ha•.,khoe ........ ............ .5 15.1 x.85
~
Hu ". d..zer ......
............ ^- 1=..58
., ~ ~5
Concrete Farnp O peratoT..... .$ 1~."8
Crad<.•x ......... ............ .; 15.9 2.35
Lud•riex ......... ............ .4 15.0 2.ts~i
Rol ler ......... ............ .$ ]2.39 2.~Fi
kCCF''F:k, lnca:]dinq 6cilt Uj~,
Compo=.iti.^n am, `'_ r.l Fly
R.oofs ............. ............ ...; °.°9
TIL? SEIIER ........ ............ ...; 12.57 C.8'
TRUCK DRI~;Ef< ......
------------------ ............
------------ ...5 1C.~5
-------------- 1.8?
--------------------
ini_LDER~ - Ft2c=ie ra*F ~•rrG•-~'_ bec f,r,.. .-ra=-. _:~erform_ng
opera,_on to o:h i cl- :ael ii' nq ` ._. ' nc' aer.ta - .
Un__sted classifi:--a-.'_on~ n=e• e:3 for ~~ork. rc,t irclt:de:3 ,.ithin
-.he s^op~ -:f t~ne c:ass_fi::at.ior.s lister] may be a:ide•H aft-r
a:•;arci Orly as ~rovi::ec in f.l-:e labor sY.ar.dards cor.t.ract clat:ses
Ir! tt_e lis'_inG aaove, tr:: "SU" designation :r.ec°a that races
_lsted a_tdcx she _d:ntiiier :]: zct reflect ccllerriyely
bar~ji_~ed ~..~aye ar!c binge beheiit rG_es. ether desigZalio_is
ir.dirate snion= •,vt!ose rates :ra~•e been deter:rined '_c be
pre~ailiny.
';:GE DE'"'Ekitii]-.NAT I J'V i+.'?F:.ILi PR)('f+;:;;
1.1 Has there been are in-`.a~ cecs;on '_n the natr.e°? '1'h'.s can
be:
~ an eX"-.=, T.1rC p'.]b] lShF. i. :•iaq• d°tE•=mlr_at 10I:
` a surv~~_d ~andexlsiug a ,.u•g%; detern;ir:at.ior
a :4a•^2 arnr3 1c:.]r C'_ :~'_ sior. letter settir;q fortt; a paiticr, :•_,
=i ~,•::_i~;:r~ deterrninu~_un matter
._, _x~r:torn:a_,ce iadd_ti~r:al classificaticr ar-•d rate} rLlina
August 2009 City of Miami Beach Page 167 of 177
Project Manual Davis Bacon Wage Decisions
Gn 9c'-u'ay r't•llte~ ma..ers, `n'_t]al c;~rtact, ir:cl:adinq reques_s
for SI:T,:l:drleo ... S.]r42.'yS, ~hOUid f)E 'v.'ltl: triE' YU~;XE a_ld ijCar'
Regional Ciffic2 `or r.he area in wY:ich the sarvey ~nas co_lduc':e:d
because t'ncse Regiona_ Cff i c-2s r:avc respcrlsibili. for the
78'•i19-gc CCrl 91x'4 e.y [`=0C_81t1. If t.1e Te °i]:O'158 Crpl7i .;115 1T1=t-d.
is C:lt uCt 19 n0~~ Sdt=Sfd .'foxy, t}l e'l t.'ie );)rC;CP.SS descri112:1 .n ~.:
flail 3.i sneuld be fal]ot-:e'ri.
i••ii~h reg•sra -.e anp oT.t2r a.at.ter :1Ct yet ripe_or the fcrtaa_
~?rC•C2.SS C32SCr=A~P.d i'iE re, lril tli'.1 CO:1'_c:Ct SrIOU_Cj :JCi li_lh :11•°
Rran•-h of Con=tructi:;r i~iuae Uctcrmind°__onea. T,•7r_~e to:
3raacn o_ Cotal_uctior Vdaae ~°*_er:r.i°la*_ions
utiugc anu Hou= ~_visior
U.S. Ueaa_Lta~•rt of Lal?or
2J~ CcnsC_LUti'or. F~'veritie, N.i~J.
i9ash_nq:c,n, ~C 2Q71r,
2. % If tre dr:S'n~er ,. C,: ~.h2 !': 112St-on .n 1 ~ 1S t~rcer {-rer. ar
lr:teYeSC 2d ]":a r-.}' ~-_h^se c3 f'F2"t2•:7 J.'v the 3.^.t 17T:~ :'7P. rE:~l:. E?SL
T2~°1. e'n' a-1:1 reC:UnS 1C.er<3 ~.Ur. fl'ORL tf:2 i'•i1:: i? itr':d 17t:liZ r!:~_r.l r':l9tr~.t C•r'
(See 28 C~'F• "'a r- ' . H ar.d 2ti CPR Psrt ". , . i^irite tc:
PJnoe grid a::ar rdrt_n_stra.or
U. S. Uei:artmcnt c•' Labor
X00 '~crs!_i'_ut_cn ::venue, '_d.:•;.
i'ua9hina!_c:l, CC 27%10
The _eque9t shocld be lccompG7ied k•y a .u1_ c.~:_enent e. the
:nte_e~ted party's ~:•;;sitio_1 arld by any_nc:•rcla:on .;•:dg2
Uayllt'::r1L ciaLa, ):.l:;JeC*_ deSCrlp:1C•rl, ar22. ;-?r,yr-~'rp T'lat.2"'_a!,
2LJ.~ tj':dt the re:]lleStGY C6n.°i]d2:YS Y2 e:TC3nL t0 r.h2 _.SSt]P..
? ~ If t1-e :jeC: ].5].^`I ii- -.ne F.rrrn: St rB tOr =~ RCit fc7 :'U=':1D!P, it r:
irt2r2st.ed party msy appear c:rect_y to the ~,atn_tastrlti~'e
Fie~le'n 3oa r:i ~-GrR12Y :% ~hP. ~iia Qe ypUea l:: ~+:Ja r':~i i'tr1tE' LU:
,ti!7TI]'.r'. °. t.ratl'•i P. ~e~iler' riCur'Ci
1:.::. ::2part_:r.e:lt c. Gabor
~C:S .~onsrir..~,ir..ior, F4e~ue. V.T,•:.
iia~t:ir:Ctcn, U: L02.=~
il. ,~ eii ~ dec_9 _Ut19 f_"•i ti:'.'. LS':~.T.lil St rdt j^2. R2'•il ens BCic rC F3re f_ndl.
ENU C)F C;ENERAL DF.C1S10N
August 2009 City of Miami Beach Page 168 of 777
Davis Bacon Wage Decisions
GEKER.~.1. :)~'C;I5I~N: FL1Cpgr~r}<c n2r08,~'20JC =L99
Cate: Fek:r.[Gry >3, 2009
General Dceis_or! t;amher: -~2JJ;.:1C44 02ICE3/?CC£s
Superseded Ger=cal Decision `iu[aoer: FL2CC':CC~19
:ita-e: .:or_aa
Cons~ruct_•un TyE>e: :ligh:aay
CounLv: Miami-Dade !'ounty it Florida.
H=GH'td: ~.Y CONS'f RUC'f : 0\ PFtC;J~ i:TS (exclcd.inc t.!r:ne] s, b'.~i 1 di r,g
structior:s in res- areas projects, and railroad co-ls~r~rti:-~;
.oaSCl'le, su.;pens` on & .Spandrel nrr.k- bridgFS :iPSI g-lyd 'cr
~^OTO[IlerCl.a 1. "'IC •iigat =0ni Cx'ld:]e5 l:1V C1'>'1=iq IRarlae CGIIS=r7C=1C=,:
~th.er tnaj ~:r hr_dges, .
Modification Nu[Iwer Pui~licatien Da.e
C' CL1C8/2C~0°
SU=:,_~43-CC? G8i C'1l199 i
Races Fr_nges
Rr_ck__ave~/Erich^.r~ascn...........~ S1.CC
Carnente~ ........................ 11.?~
Cpn~rete H'inishrr ..............~ 12.22
11~~~:7trl.^.13:'i . .. .................Y l~.~l
fierce 3rectcs ..................5 12.00
For:!. Setter ....................5 10.52
Caardrail erect- ..............~ -. 55
Tr:-r~~c;rker~:
kei:1_crc_na .................. _3.52
La:,or___
',~ohait Saker ...............$ `3.23
1?
August 2009 Clty of MIamI Beach Page 169 of 177
Davis Bacon Wage Decisions
lir..=.kille:i ...................:' ". 55
Fainter ...... ..................5 ll.h
No'~rer eau:pnent operators:
Fspha_t Cistribclor...... ...$ 8. 6%
rspha_t F'~1~•<•in t~fact:iae
Operato_ ................. ...,`• =0 .48
BUckho~ .................. .••' -- •-
BOiJM-J•fU'~f9r Q~>Bra L:'1""...... ...$ _.7 ."4
BU_L:102?r ................ ...$ .0 .4a
Concrete ::urb I~achine.... ...5 ~0 .a3
Cc?n-.eT.~ J:int aw....... ...5 =_ .E16
Grare, ~errict, or
.ra.~lir•.e ................. ... •3 13 . 5~
EarLY_r.~r/cr ............... .... G. ~.
Corklitt_ Op .............. ...5 8. CC
L'r~r:L _nd ~cdder:
1 c:L . vdra d-1d under...... s 9.2 N
,:>'/er 1 ca. yGra...........s 9. v8
~rad~al .................. ...$ 1~ .5C
~YddP_Rtdn ................. .. ~
. i ~
Di
:-lla Yard=_ FOSt :JZ 1ST°r
h`il'.-nq h9a^h.ir.e .......... ...$ 2!. ?l
h9ii-'nq I•la^.hire C:rade
l,ri Ed~1CF°. .i% '. 7.~
P'hl_:71?1TI u^, Ma Cr:l PiE'.. . .. . ... . ... y . . i J
.l__.._, J_.. :1J_ ~. Ci._1. y _
Favelrter.t Stripirly
hla~a:ire• .................. ... °. 34
Fa•dirc Strif•i7U hdc}'line
F11oarTecrs:
Le~a~;,:~ ::.................. s 14 ..,.,
Operll:_r ..................5 13.+1
Fom~er S.lbgadt h•]_xe_ ...... ... S £ . 5C
3cJ.lers:
PIr:I Jt'I . . . . . . . . . . . . . . . . . .'-' .111
:tv .13.1 `? :7h
:ielr rrOp. Rll.'~bP.r `L'"_...... !.GO
vcrar.,~r .................. ... . 55
Sign Erector ............. ...: 11 .65
~ma__ "_'ooi ~^peratur...... ... 8. 05
August 2009 City o} Miami Beach Page 170 of 177
Project Manual Davis Bacon Wage Decisions
^racaoY, Li:,ht ..............5 ..k3
'„';der.icc; 3E rcaaer
"_'raffic Con'_ro__•°~
IRit==IC CO\TRCL
IiLt'! c.C ~_ ,?~AL:IZr.'I'I:?N:
Ir,stal'.er ................. 8.61
Mechan`_ ...................., 11.4"'
TF~.r=F'IC SL;,iti=rLIZTaIICN:
Iru•::k d~iaers:
Lo;•:-&otir ..................... 8.63
5 na]_~ & ~'It]]L1-Rear r'i]i1°.....+ C.ll !~
~n'E:L_:P•RS - ~ecri:~e rate pr~scribcd lvr cra=t per_vrrcny
oneratio_i rc wn_~~t! ;•a`adir~a is i~ciden.G=.
L
Urals'_ea c_ass_ icatl.ns -,ee..ec .-or t•:or r.ot Inc uae ;•.a .n
ttiL-` :i C: U.iC Cir ti!•:i ~:laSa').S1Ca~1Crr,S .`_st2d may be add?d slit ~"'
a~~ard c•r,_v as o~o<<ided in she '_abor standards :ont--act ~~auses
~:29CcR ~.~ ta; (1': ~;ii'~}
I'"I -he .'.St7rC ab:'~, ~nc "~.i~~ desiC:Iiat1.^.1. T.C31=.~. tr:3t _'ar:~5
] i stec under the ide*~-...er ao not reflect ..c]llecti~.rel'v
rarga:r.ed v:a~:] ~r,d frng•::: t~~r.%1it gates. .>ther desigriatior.s
ind-:cat.e anions 'Whose rates haue Coen detcr:r:inca t~ be
pre:~a i 1 ir.c.
i^lii'::_. D:.ILR.I"i--':"ION HFP°_F+~c: P:?Q•^E5:_
1.; Iias '__rere begin ar: initial decision `_n the natter:' T'r,is can
tie
* a:, exis'_inq gualist':ed ..'ape de-erm`.nat-or
* a s'arvey unr..e_ ; yi r~ .= ~~~aqe de-.ern_nat«~r:
' a U1age and hoar 7i~: ision _c _ .e: _' set Y ir. _ forth. a posi is or or.
u ;daq~ aet6°mir'.atio~-~ m~-.er
" a ronformar.ce iaddi=iona_ c_assilicatic:, and ratei rt:lin^
August 2009 City of Mlami Beach Page 171 of 177
Project Manual Davls Bacon Wage Decisions
vri sarVCy TC'_cIt2C3 rfiatterJ, 1?'iltlal C.C;Cntai:-, 1;1C:~UG:ny ri:CUe St.S
1GY' SalCllildr_e5 Uf SL:r~°eys, :,:lo'ald tie rci.:1 __l~' i`iayU aI1C: l~i~UY'
Rey'_ona= c.?ffice for Y.:,e 4reu in :vhi ch _ne sur•:~ey ••„as C-onC.uct ed
l:,e•~dU53 thos= ~P.G1O:lal J. =1Ce`i lla+ie rC S:JUr15 _:J___tl lU=' th•e
f:av=. s-kia^or. stwrcey' proyral:,. _~ the res;,UnSe f°'om this ' nitial
!'.Unto Ut 1S nGt 9iaL1S_dC Ivry, ttlen i_h E` r,"U•:'e'SS ~°S^'.'7 t)°G ]r .' `,
and 3. ; should he fc•i_o:aed.
:Kitt: regdrd to any o-her matY.er rot yet ripe f:,r the lvrnul
pros°ss aescriberi here, initial ~GntaGt st:ot"ld L.e ~`iti: the
Branch cf ~onsr.ruor._on ;•da?:: ~etermir:ali,rs. i'Jrite I__,:
Erar:Gt: Gl Coas_rucL_or, ;eaye Cetern_nat'•on5
YJa;e and ~Ic•ar D`_v_5_on
C.S. Dep•ar=men:. of >JdAOr
L~..~~~~ .. G:1.5L1LllL .On P•1'enUA, 1~.V:.
i~Jashington, I)C 2C?l C
2. 3 _= th= ar'S'v;er t'": t.'ie C7;le:.-1o;1 l:l _. f 15 VF.S, -.'le'1 c'1
int2+'2sf°G part"y' ';Y',CSe v..eC.ed l:)y she riC _1UIlj Carl req UU:i~
Yes.T1°iv and re CCL151 de ra =i OI1 iY'Ulil she i'iaGe 2r1G llUUr ::GI"I_r115LY'dL Ur
i;Se= ..9 _'H'~ Fart _.o' and 2u C•-R. r'urL !t ;4r_tc Lu:
;•;aye and EGC.r A:i:r.i=,istrator
,:... De~:artlncra ri ~abcr
2CC Corstit~~tiGa i•.venae, N.i•+i.
S•;asttir.^t or, DC 202_2
T:~e reque5. 5hot;id be ac:,o:rparied t;y a ft:ll state:reni. of ti-e
in,eres.ed ;?a°ty's po.=.if.ior~ ar;d h~; any irf^r:r.atic:~ (u;a~e
p•ayr!men. rata, prof°ct description, area practice :r.at:eri:rl,
F,C, i thdL th P.. r°~t:e St..^,r C;C.',:ilders Y'elE'V 1nt tC t:ic.' 1S.i'1 f.
3.1 .f the de:i_sicn cf `he Rdministra_cr is np_ _a:;orziblc, as
`_nterested party T.ay appeal direc_ly .G the dminis'_rd*_i.~e
Rev]eiJ Board :f^ririP.rl~,: -t1 F. riiagerppea_S Bozrdj . ;•.ri'_e .o:
:ii:I:L i1=~tr'a t1V£' ~8V18'n BGGY:.3
J.S. D::part_r.ela cf ~dY.+cr
2CC Cor.stit~aic:i Aaen'ae, N.i•+i.
:•7ash'.r.rt;:r, DC, 2021;
~_ j fell deci5_ons ,y ti'e .r.3miristrat.ive Ke;~ie+~: 3ourd z,re: iir.al.
FND OF GF.NF.RAI. DECISION
August 2009 City of Miami Beach Page 172 0~ 177
Project Manual Certificate of Substantial Completion
00921 CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CITY AND/OR
(name, address) PROGRAM MANAGER:
TO
BID/CONTRACT NUMBER:
PROJECT NUMBER:
NOTICE TO PROCEED DATE:
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 hereby established as (date),
which is also the date of commencement of applicable warranties required by the Contract
Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion thereof designated by
City is the date certified by City and/or Program Manager when all conditions and
requirements of permits and regulatory agencies have been satisfied and the Work
is sufficiently complete in accordance with the Contract Documents, so the Project is
available for beneficial occupancy by City. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however, the issuance of a
Certificate of Occupancy or the date thereof is not to be determinative of the
achievement or date of Substantial Completion.
List of items to be completed or corrected, prepared by City and/or Program Manager, 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
August 2009 Clty of Miami Beach Page 173 of 177
Project Manual Certificate of Substantial Completion
Documents. The date of commencement of warranties for items on the attached list will be
the date of final payment unless otherwise agreed in writing.
City and/or Program Manager By Date
In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work
on the list of items attached hereto within from the
above Date of Substantial Completion.
City and/or Program Manager By Date
City, through the Contract Administrator, accepts the Work or portion thereof designated
by City as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage
to the work and insurance shall be as follows:
August 2009 City of Miami Beach Page 174 of 177
Manual Final CertlBcate of
00922 FINAL CERTIFICATE OF PAYMENT
PROJECT: City AND/OR
(name, address) PROGRAM M
TO(
BID/CONTRACT NUMBER:
PROJECT NUMBER:
DATE OF
NOTICE TO PROCEED DATE:
All conditions or requirements of any permits or regulatory agencies have been satisfied.
The documents required by Section 5.2 of the Contract, 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.
City and/or Program Manager By Date
City andlor Program Manager, through the Contract Administrator, accepts the work as fully
complete and will assume full possession thereof at
(time) (date).
City of Miami Beach. Florida
By Contract Administrator Date
August 2009 City of Miami Beach Page 175 of 177
Manual Form of Final
00923 FORM OF FINAL RECEIPT
The following form will be used to show receipt of final payment for this Job Order.
FINAL RECEIPT FOR CONTRACT
Received this day of , 20 ,from City of
Miami Beach, 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 City from all liens and claims
whatsoever arising out of the Contract and 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 City.
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
By
(CORPORATE SEAL)
[If not incorporated sign below.]
August 2009 Ctty of Miami Beseh Page 176 of 177
Project Manual Form of Final Receipt
Contractor
WITNESSES.
By
August 2009 City of Miami Beach Page 177 of 177
EXHIBIT 2
ADDENDA 1 & 2
MIAMI BEACH
City of Miami Beach, i7CC• Cr. n'.•?n'ivr Center U-ivo, Miami BeacL, Floiidc 33134, viww n~iamibeochlL7m~
PROCU(.Lt~1ENi DfdI;ION
Tei: 305-6; 3-,'• A4C, hax. ; 5b 3 ~4 .f ;%3 c
Invitation To Bid (ITB) NO. 22-27-08/09 (Revised)
Addendum No. 1
April 20, 2009
Notice to Potential Vendors
Invitation to Bid -Paste 7 of 185:
ITB No. 26-08/09 Waterproofing/Painting -Minimum Requirements: Bidder (Business Entity)
must have a minmum of five (5) years of Waterproofing construction experience, as evidenced
by an occupational or business license issued by the state of Florida, and have a valid
Painting License issued by any County in the state of Florida to be deemed responsive for
the WATERPROOFING/PAINTING contract. The work to be performed under this contract will be
primarily painting and waterproofing.
Invitation to Bid -Page 7 of 185 -Table:
Bid Table -Minimum License Requirements - a valid Painting License issued by any
County in the state of Florida
Instructions to Bidders -Page 29 of 185:
Contractors bidding on ITB No. 26-08!09 - WATERPROOFINGIPAINTING contract must have a
valid State Certified General Contractor License and/or State Registered General
Contractor License with a minimum of five (5) years of documented experience in waterproofing
construction.
The past performance survey cover sheet has been updated. Please see attached.
Questions and Answers
Q1. Can a State Certified General Contractor licensed by the State of Florida with 5 years of
documented experience in waterproofing construction but does not have a valid painting
license issued by any County in the state of Florida submit a bid for ITB No. 26-08/09
Waterproofing /Painting?
A. The minimum requirement is for both a state of Florida certified General Contractor licensed with 5
years of documented experience and a valid state of Florida Painting License. Please note that we
have revised the Painting License requirement from "issued by Miami-Dade County' to issued by
any county in Ehe state of Florida.
Q2. Is an AIA Bid Bond Guaranty acceptable to the City?
A. Yes.
Q3. In regards to Cooperative Purchasing noted on Page 104 of the Project Manual, are the (1%)
administrative and (5%) license fees applicable only to a contractor's initiated cooperative
purchasing arrangement with other entities within the State of Florida or to the initiation of
the cooperative purchasing arrangement by any of the three parties (the City, the Contractor
or The Gordian Group) with other entities within the State of Florida?
A. The aforestated fees arc a,?olicable only to anotner governmental agency utilizing li.e..
"pigGybacking") or. the City's contracts. Said 'piggyback' can be as a result of a contractor-
initiated cooperative purchasing arrangement, or a governmental agency-initiated cooperative
purchasing arrangement.
Q4. Does the CTC pricing incorporate Davis-Bacon wages? How does one use the CTC if, as
explained in the ITB, a particular project is subject to the Davis-Bacon wage requirements?
A. The Construction Task Cataloga: (CTC) which contains construction tasks and associated
installation an6 demolition prices assembled by The Gordian Group on behalf of the City of tNiami
Beach and constituting a major part of fie ITB Documents was built incorporating prevailing market
wage rates and benefits for skilled workers in each respective construction trade. These prevailing
market wage rates are primarily based on the latest State and Federal wage data available. These
market wage rates do not directly correlate with Davis Bacon wage rates and benefits required to
be paid on federally fundsd projects. In some trades the market vvaye rates used to compile paces
in the CTC are higher, and in some cases the market wage rates ae lower than the Davis Bacon
wage rates and benefit requirements. It is fhe responsibility of each Bidder to compare what the
CTC pays for o task and what the cost of that cask evould be to them if they are required to pay
Davis Bacon wages and benefits; anU then determine how. if at all, to incorporate those differences
into their Adjustment Factors. To aid in that required analysis.. Bidders should be aware that the
Davis Bacon wage requirements will not be a prevalent requirement on projects typically performed
by JOC, and primarily restncied to use for projects funded by federal stimulus monies. The pricing
containeC in the CTC will be the sole means of compensating the Bidder for work performed,
regardless of the project funding source.
City of Miami Beach
.*
rl
Gus Lopez, CPPO
Procurement Director
~ MIAN~I BEACF!
City of Miomi Baaeh, I?OC Cc-rvertion Ccnln U~ive. ..^.SiCUO~ hea<h, Fmr¢lu 31:129. .wi•.emiami'oPa: hfl.gcv
PROCUREMENT UIV'SIUN
lcl: 3056731490; Fax, 786-39b4007
Individual Providing the Survey Responsf
Phone:
Fax:
E-mail:
Subject: Performance Evaluation of
(Construction firm and/or Project Manager/Superintendent)
Number of pages including cover: 2
To Whom It May Concern:
The Gity of Miami Beach has implemented a process that collects past performance information
on various Contractors that have the qualifications, experience and successful project
completions on past municipal and private construction projects. The information will be used to
assist City of Miami Beach in the selection of qualified firms that can provide vertical and/or
horizontal construction by means of Job Order Contracting.
The company listed in the subject tine has chosen to participate in this program. They have
listed you as a past client that they have done work for. Both the company and City of Miami
Beach would greatly appreciate you taking a few minutes out of your busy day to complete the
accompanying questionnaire.
Please review all items in the following attachment and answer the questions to the best of your
knowledge. If you have difficulty or cannot decipher the question's meaning. please provide your
best judgment and score accordingly. Please return this auestionnaire to Gus Lopez by
April 24 2009. or earlier. by fax: 786-394-4007 or e-mail ouslonezC miamibeachft.gov.
Please provide one Survey for the Contractor and one Survey for the Construction Project
Manager or Construction Superintendent who directly worked on your project.
Thank you for your time and effort
City of Miami Beach
I,
Gus Lopez. CPPO
Procurement Director
~ MIAMIBEACH
.~
Crty of Miami Beach, I; ;1C Cowe~i:on •::eme~ Drive, Miami iexn Florida 33:34, w•w•v.•.miom~beochA.pav
FkOC_UP,°n;EN'( ~IVtSI:J~V
1 ul 3il5 6? 3-74vi), ~ pzl ?3F 3ved235
Invitation To Bid (ITB) NO. 22-2 7-0 810 9 (Revised)
Addendum No. 2
April 21, 2009
Notice to Potential Vendors
Invitation to Bid -Page 7 of 185:
ITB No. 26.08109 WaterproofinglPainting -Minimum Requirements: Bidder (Business Entity)
must have a minimum of five (5) years of Waterproofing construction experience, as evidenced
by a State Certified General Contractor License, an occupational or business license
issued by the state of Ftorida, and/or have a valid Painting License issued by any County
in the state of Florida to be deemed responsive for the WATERPROOFING/PAINTWG contract,
The work to be performed under this contract will he primarily painting and waterproofing.
Invitation to Bid • Pape 7 of 185-Table:
Bid Table -Minimum License Requirements - a State Certified General Contractor License,
an occupational or business license issued by the state of Florida, and/or have a valid
Painting License issued by any County in the state of Florida
Instructions to Bidders -Pape 29 of 165:
Contractors bidding on ITB No. 26-08'09 - WATERPROOFINGIPAINTING contract must have a
State Certified General Contractor License, an occupational ar business license issued by
the state of Florida, and/or have a valid Painting License issued by any County in the state
of Florida with a minimum of five (5) years of documented experience in waterproofing
construction.
ns and Answers
Q1. Would the City accept past performance surveys submitted in previous bids on behalf of the
vendor?
A. Yes.
City of Miami Beach
-~,
'-
Gus Lopez, CPPO
Procurement Director
EXHIBIT 3 & 4
UNIT PRICE CATALOG
TECHNICAL SPECIFICATIONS
(CD)
EXHIBIT 5
CONTRACTOR
BID SUBMISSION
JOC BID FOR ITB NO: 23-0$Ib9
JOC BID FOR ITB TITLE: Horizontal Right-a-Way
City of Miami Beach, Florida
1700 Convention Center Drive, Third Floor,
Miami Beach, Florida 33139
Apri124th, 2009 ~ CO PY
Job Order Contracting
E ~ aste
- = urouo. Inc.
identification Pa~~e
EnviroWaste Services Group
4 SE 1 ~r 2°`' Floor
Miami, Florida 33131
Li!~O.J~`eiii',2f ~1i1~1-i=11A~~1;I~~c.(_~~l','
(877) 637-9665 (305) 637-9665 office
(877} 637-9659 (305) 637-9659 fax
EnviroWaste Services Group
Sub Chapter - S
65-0929090 Tax Id
~' ,. -,?
~
/
~ "~ . - .~3 0
~
B. Rafael73a tba -President amc
I3. Rafael Aarba-President rpdnu a~cr
_ __ - --
- =~ y~N
Eduardo Barba - VP - vain
Eduardo Barba - VP ;F~~~a) ~m~
Headquarters: 4 SE 1 s` Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
.ti_w~.v.~n~,irnwasresgrom email: info@envirowastesg.com
^ BID TENDER FORM
BID GUARANTY
NON-COLLUSION CERTIFICATE _~
DRUG FREE WORKPLACE
~ CERTIFICATION
Y.Y~txr. - "``
TRENCH SAFETY ACT
ACKNOWLEDGMENT
DECLARATION OF
NON-DISCRIMINATION IN CONTRACTS
AND BENEFITS
QUALIFICATION STATEMENT
GENERAL CONTRACTORS LICENSE
BIDDER'S PAST PROJECTS I
~ FORM OF CERTIFICATE OF
INSURANCE
:_
STATEMENT OF COMPLIANCE-DAVIS
BACON ACT
COMPANY EXPERIENCE AND
.•.---,.... -.~~ ,,,,,, QUALIFICATIONS
STAFFING PLAN
ORGANIZATIONAL CHART
RESUME'S
N~anua BidlTender Form
00900 BID/TENDER FORM
~ ~ i
;''~
iT6 #: _Z3' ~%~, "~ - %"o,v zaa ~ Submiried: `.~/Z ~~G+y
Date
Cih~ of Miami 6eact. Florida
1700 GonvenUOn Center Drive
Miami beach. =iorioa 33139
Tne unoersicr:ec. as Bidder, hereby declares tnat [ne only persons irnerested in this bid as
principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection wiln any other person, firm, or parties making a bid: and that ii is, in all respects,
made faint' ano in good faith without collusion or franc.
The Bidder further declares that it has examined the ITB Gocumenls and all addenda
thereto furnished before the opening of the bids. as acknowiedoed below on Bid,'7ender
Form, Fage E; and that it has satisfied itself about the Work tc be performed; and all other
required information with the bid; and that this bid is submitted e~oiurtarily and willingly.
The Bidder aorees, if this bid is accepted, to contract with the City, a political subdivision of
the State of Florida, pursuant to the terms ana conditions of the Contract Documents and to
fumish al: necessary materials, equipment. machinery, tcols, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specifiec the UJon< covered by the Contract Gocumenls for the Froiect entitled:
ITB# ~3 " C e~~y
The Bidder also agrees to furnish the required Performance Bonc and Payment Bond or
alternative form of security, if permitted by the Ciry, each for not less than the required
amounts as specified in the Contract Documents. and to fumish the required Certificate(s)
of Insurance. The undersigned further agrees that the bid guarant~~ accompanying the bid
shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required
Performance Bonc and Payment Bond, or fails tc furnish the required Certificate(s) of
Insurance within seven (7) Calendar days after being notified of the award of the Contract.
BID/TENDER FORM FACE 1
March 200 City of Miami beach Page 119 of 185
Project Manua Bid/Tender Forv
SCHEDULE OF PRICES
ITB ~ _ L ~' C~/O `~ (~or~zv~~fAl 11.~•w.
The Bidder hereby proposes tc furnish all labor, materials. eauiprnent transoortatior..
supervision. inciaental scope aocumentation services as requirec. and facilities necessan
to complete ir, a workmanlike manner and in accordance with the Contract Documents. al
Work ordered under a particular Job Order for the compensation in accordance with. the
following schedule cf prices: The Contractor bins three (3) Adjustmentractors, Two will be
applied acainsl fne prices set forth it the Construction Tasr, Catalog` fCTC) The firs
Adjustment Factor will be for worn performee Durinc normal working Hours. The seconc
Adjustment Factor will be for worn perormed ourinc other than norrnai working hours. Tne
third Adjustment Factor will oe used for Non Frepnced Wort. TasKS, These Adiustmen
Factors wi!I be in effect for total Duration of the contract.
Line 1 Normal Working Hours Construction: Contractor shah perform anv or all funeiione
called for in the Contract Documents and the individual protect Detailed Scope o'
Worn. scheduled during normal working hours in the quantities specified ir.
individual Job Orders against this contract for the unit price sum specified in the
Construction Task Catalog`' (CTC) multiplied times the Adiustment Factor c'.
(Specify to four (4) decimal places)
Line 2 Other Than Normal Working Hours Construction: Contractor shall perform any or
all functions called for in the Contract Documents and the individual projec'.
Detailed Scope of WorK. scheduled during other than normal workir.o hours in
the quantities specified in individual Job Orders against this contract for fhe unit
price sum specified in the Construction Task Catalog` (CTC) multiplied times the
Adiustment Factor of:
~. ~ ~
(Specify to four (4) decimal places}
61D/TENDER FORM PAGE 2
March 200 City of Miami Beach Page 12G of 185
Project Manua''. Bidffender Form
Line 3 Nora Frepnced Worr. Tasks: Contractor shau perform any or all functions callce
for in the Contract Documents and the individual project Getaiied Scope of Won;.
that are considered Non Prepriced Work Tasks multiplied Mmes the Adiustmen;
Factor o'
(Specify to four (~l oecimai paces)
une 4 Award Criteria Figure (From Line 7, Bid~Tenoer Form. Faoe 4
'~ ~ .
(Specify to four (4;. eecimal places)
EX;~'vIPLE: ~Vnte rite Adjustmera Factor to four decimal places as the foliowing example
illustrates.
1 1~ 8 9 8
OR
o 9 19 s~_
BID/TENDER FORM PAGE 3
tViarch 200° City of Miami heath Page 121 of 185
Bid/Tender harm
AWARD CRITERIA FIGURE WORKSHEET
ITB #: 2.3' 0~~09 ho~iZCU~i ~~~'rcl
For the purposes of determining the tow bid the Gonlractor shall complete the foliotianc
worksheet.
(Specify to four (41 decimal places,.
1. Normal Working Hours Construction Adjustment 'r-actor .................... ~ • p ~6U
!Found cn Bid/Tender Form, FacE c. Line 1;
1. Multiply Line i by (.80} ................................................,.........._............ . 8 z yC~
... Other Than Normal Working flours GonstruGion Adiustment Facto... ! o ~iX;
(Found on Bid.rfender Form. Fage 2. Line 21
~. Multiply Line 3 by (.10) ..................._................-.....................,.,......-_ • ' ~ SGD
5. Non Prepriced Work Tasks Adiustment Facto :.................................... ~ • G ~Up
(Found on Bid/Tender Form, Fage 3. Line 3;.
6. Multiply Line 5 by (.10) ......................................................................... . /O SC'
7. Add lines 2 + 4 + 6 ............................................................................... i'- o .3 yc
(Award Criteria Figure)
The Bidder shall complete this Award Criteria Figure Worksheet and transfer the Bic
Adiustment Factors, (Lines 1, 3, and 5,:~ and Final Award Criteria Figure (Line 7} to the
space provided on the Bid/Tender Form, Page 3, Line 4 of this proposal. The lowest Award
Criteria Figure wilt' be deemed the lowest bid. The Ciiy of Miami Beach reserves the right to
revise aft arithmetic calculations for correctness.
Note: Should there exist a discrepancy in the Adjustment Factors bid on the Schedule of
Frices (Bid/Tender Form Page 2 and Bid/Tender Form Page 3) with the Award Criteria
Figure Workshee: (Bid/Tender Form Fage 4}, the Schedule of Prices (Bid/Tender Form
Page 2 and Bid:'Tender Form Fage 3) shall take precedence.
51D/TENDER FORP.4 FAGE 4
tJ~areh 2009 City of Miami beach Page 122 of 185
Froiect Manua. Bid/Tender Form
Tne Bidder shall aclcnowiedge this bid by signing ana coin//o~eUng the spaces nrovitled below.
Name of Bidde• CCh[~(/'o /.(~AS~e SPi'dicCS (.Y'auA 1,~
CityfState2ip ~ S L` -r<~~ 5~ 2 ~~ ~~oer'
i~/. 33/3/
Telepnone Ne.: 305- 637 g66J`
.SOC~cI Security NG
cr Feeeral Dun and Bracstreet Nc.. r% S- ~=_ _~ Z `~C`y~?
li; apoiicable)
I. D. Na Bradstreet Nc. _ __ Cr y~r~?s ~
(il apo~icabie)
is a partnership. names and addresses of partners:
{Sion below if not incorporated)
WITNESSES.
(Signature)
(Type or Print Name o' Bidderj
(Type or Print Name Signed Above)
(Sign below ii incorporated] rr
ATTEST: Ln/~~c {yAs;c S~r~6; ~s ~,~,r7 ~n~
l (Type or Print Name of Corporation-)~
-r (Secretary] (Signature and it(e)
CCR?ORATE SEALI ~]~ RR
(Type or Print Name Signed Above)
incorporated under the laws of the State of: ~1i:rr (~A
BID/TENDER FORM PAGE 5
March 2009 City of Miami beach f age '123 of '185
Project Manua: Bid!Tender Porn
ITB #: Z 3- ~~/0 9
AcKnowledgement of Addenda
Directions: Complete Parl i or Part li. whichever applies.
Part I: Listed beicw are the dates of issue for each Addendurc received in connection with this Bic
Addencum Na 1 Dated ~ ZE/a `~
Addencum Nc..1. Dated ~~ 2 //~ `~
Addencum No. 3. Dated
Addencum No. 4. Dated
Addencum No. 5. Dated
Part II: Nc adeendum was received in connection with this Bid.
Verrfied with Procurement staff
Name of 'Staff Jate
Slcders- Name Daie
_~-~_
SIDlTENDER FORM PAGE 6
March 2009 City of Miami Beach Fage 124 of 185
m MIAMIBEACH
City of Miami aeoch. 1700 C~mEnris^. Pr=~G;iv. ~~r. I-. ac'n ,r du 3:;.1 +<' ... ir,ic
PEOOJRC~;GENT URrI54O1`
-FI-. 305.67y7n9n, "ax. 'B^-3='.-a::.~C~
Invitation To Bid (ITB) NO. 22-27-08109 (Revised)
Addendum No. 1
April 20, 2009
Notice to Potential Vendors
Invitation to Bid -Page 7 of 185:
ITB No. 26-08/09 WaterproofinglPainting -Minimum Requirements. Bidder (Business Entity)
must have a minimum of five (5) years of Waterproofing construction experience, as evidenced
by an occupational or business license issued by the state of Florida, and have a valid
Painting License issued by any County in the state of Florida to be deemed responsive for
the WATERPROOFINGIPAINTING contract. The work to be performed under this contract will be
primarily painting and waterproofing.
Invitation to Bid -Page 7 of 185 -Table:
Bid Table -Minimum License Requirements -a valid Painting License issued by any
County in the state of Florida
Instructions to Bidders -Page 29 of 186:
Contractors bidding on ITB No. 26-08109 - WATERPROOFINGlPAINTING contract must have a
valid State Certified General Contractor License andfor State Registered General
Contractor License with a minimum of five (5) years of documented experience in waterproofing
construction-
The past performance survey cover sheet has been updated. Please see attached
Questions and Answers
01. Can a State Certified General Contractor licensed by the State of Florida with 5 years of
documented experience in waterproofing construction but does not have a valid painting
License issued by any County in the state of Florida submit a bid for ITB No. 26-08109
WaterproofinglPainting?
.. '~ ~ GB r'Sea .,.,, ..
~ -r.rs - _ ~e anal a valid state of Florida Fainting License. Flease note !'~ ~~..-
hav_ u:-r, ~e•ci ~~r~e r a.rui;~~ License requirement from "issued by Miami-Dade County` to issue: cy
any county m the state of Fionda.
Q2. Is an AIA Bid Bond Guaranty acceptable 4o the City?
A. ._~.
Q3. In regards to Cooperative Purchasing noted on Page 104 of the Project Manual, are the (1 %)
administrative and (5%) license fees applicable only to a contractors initiated cooperative
purchasing arrangement with other entities within the State of Florida or to the initiation of
the cooperative purchasing arrangement by any of the three parties {the City, the Contractor
or The Gordian Group) with other entties within the State of Ftorida?
C'.. ... dfGi CSidte7 (c-CS cr.= ~pP ~'-dni~ C r'~ iC n1~.4~i~"iBr -0' _. nrL `1 + _- - ~,. _
,igg~y -ac~ir_ rn~ r~~~ Jit~ s -_ `rac' Ga~~C ^,1L,~~k .~-' _, :~ ~ -~uY ~f ~ contrecb~-
r.'~.i.7~r.] Vri :I i~ }- _'Ur,.l'~a '1:7 1: .7 , ~r_ni~n 1. J 'v [, ~~~. ;fir ~~i :. t:I`::I] ..._
i..Ji~_ I"'In it r.i?f.f~P'11Cnt
Q4. Does the CTC pricing incorporate Davis-Bacon wages? How does one use the CTC if, as
explained in the ITB, a particular project is subject to the Davis-Bacon wage requirements?
A T'~~,~~ ~'onStn_iClion task CatapQ~P' ICTf; Nfl i'1' Ca"ta.n5 COf:St~UC[ Ia P.~:S n., _~,.. :.~.
~~stalla@on 2nd demoftior pri es 2s5artlhled b'~1 The Gcrdiar Group on `r~~s _~ . .+ is^~arni
Beach and constihit?ng a major part of the JT6 Documents Was bunt mcerporat nc : ~dsnn~q market
Wage rffie5 and denefrt5 fal Sklllec: Warker$ ;n garb reSpeat!VB COnSVUC1fOn Crack I ncSF przvalang
market wage rates are primarily based on the latesi Slate and Fedzral wage data avatlable These
market wage rates de not directly correlate with Davis bacon wage rates and benefit=_ required tc.
be paid on federally funded projecis In some Trades the market wage rates used to compile prices
fn the CTC are higher, and in some cases the market wage rates are lower than the Davis Bacon
wage rates and benefrt requirements. It is the responsibility of each Bidder to compare what the
CTC pays for a task and what the cost of that task would be to them if they are required to pay
Davis Bacon wages and benefits: and than determine hovo if at all to incorporate those differences
into their Adjustment Factors To aid in that reyuved analysis, Bidtlers should be aware that the
Davfs Bacon wage requirements wdl not be a prevalent requirement on protects typicai!y performed
by JOC, and primarily restricted to use for oroiects funded by federal stimulus monies The prcino
contained '.n the C'C will be the sofa means of ~ompertsahnq the Bidder for Work paTOr^~zd
er~ar~ es~ :~' Cr ~s prn i..,-i = ~. ~dinq :;,_. ac=_
City of Miami Beach
r~~'
Gus Lopez, CPPO
Procurement Director
m MIAMiBEACH
City of Miami B~aeh, 17r ~ ~.-r,oen'~:~n xn~-. ~~rvn. '/~rorri Rzcn._ °londa 3~ I' y vnv. m'~cir ` o r, ,
a~@'~~C.-JHF!~~,E~J I' :1IV15lOI': _
i r ?Ct E73JdU0, -pr, 'H *-39a->:: ;`.
Invitation To Bid (ITB) NO. 22-27-08!09 {Revised)
Addendum No. 2
Aprit 21, 2009
Notice to Potential Vendors
• Invitation to Bid -Page 7 of 185:
ITB No. 26-08109 WaterproofinglPainting • Minimum Requirements. Bidder (Business Entity)
must have a minimum of five (5) years of Waterproofing construction experience. as evidenced
by a State Certirfied General Contractor License, an occupational or business license
issued by the state of Florida, and/or have a valid Painting License issued by any County
in the state of Florida to be deemed responsive for the WATERPROOFING/PAINTING contract.
The work to be performed order this contract will be primarily painting and waterproofing.
• Invitation to Bid -Page 7 of 185 -Table:
Bid Table -Minimum License Requirements - a State Certified General Contractor License,
an occupational or business license issued by the state of Florida, and/or have a valid
Painting License issued by any County in the state of Florida
• Instructions to Bidders -Page 29 of 185:
Contractors bidding on ITB No. 26-08109 - WATERPROOFING7PAINTING contract must have a
State Certified General Contractor License, an occupational or business license issued by
the state of Florida, and/or have a valid Painting License issued by any County in the state
of Florida with a minimum of five (5) years of documented experience in waterproofing
construction.
Questions and Answers
Q1. Would the City accept past performance surveys submitted in previous bids on behalf of the
vendor?
A. v?c
City of Miami Beach
~~..
Gus Lopez. CPPO
Procurement Director
~~ o
Document A310°--1970
Bld Bond
KTdDW ALL MQ4 8Y THESE PRESE.vI'S, thnt we
(Here lnrrrt/u!f rtaare and addwr or legal riNr of Cntssraaarl ao W nw+s arm DEtfR10pS:
Envirowaste Services Group, Inc. The a,ficra dCS Qtamarf tms
2911 NW 39th St.. Miami, FL 33142 ~d°°°'"~0r"""~°tli0fi~
mmplsUon The atahor mayalso
nata,evmed oW two a a.~t,ro.ro
as Princilml, Ea~r,_.. cal[ed tha Prioclpal turd AIASandard tam M RdCrnvrn arm
(Naro inren fdl rtmrte acrd adrhrsr car 4gaf Idle of Surcry) DaMan tNrport tGSt rmtsz aadaa
Hartford Fire Insurance Company wanne~ion as.watmronlonc to
400 International Parkway, Ste. 425, Heathrow, FL 32746 the sSaMird Corm tar Bava~bta
nom urn iUt7fOr and aJtcv:O 0e
Ohl a wreuwi A nvllea! &'u N Iha Mn
f
c
d
'
s Svrcry, ttaeinafte
a caporarioa rhily orgaaiud undo ate laws of tM Stau o/ maeyn o
utis
ou:
nam
dcatp
called the Starry. ate held end firmly bawd unto vamm:ns aWa 7>as a,i1 W
(Hen iumK fir.'! nanw mtd nJdrera nr Irga! rids of Ow~fc.) naeassatY Mumefon aM+tavn
City of Miami Beach Um auPvr has aDied to or dtlved
trun me anginal wltac
1700 Converntion Center Drive, Miami Beach FL 33139
T
d ~eoaatitshacMn
ar~
al
wenty Thousan
and XXf100 Dollars a
g
ns Obltgre, bereittaRar caled SheObligcc, .a the uun or ($'~;,tkt Ft.Ntr pnyraent of eMae~.r?aewltiai w]h ert
•" wh(eh sum wed and auly to be ttwde. the said Principal and are said Surety, bind attamaY 6 t+xwreged Nth napmi
atrretves. our hens, exnvttn4 adtainisssnrors, succesttxs and assignr, jolatly zad to 2s mnpr~m+m'rnodligtbn.
sevually, Cirmfy by Shea prtaenu
WHEREAS, r!m Principal Ass subtttirted a bid !or
(Hera iruell J1r11 narra, addrara and duunpawr uJproJnY)
ITB 23-08!09 Horizontal Right-A•Way JOC
- NOw, TFIl72FSgRE, if dee UDligee ansll ncapc t>>s bid of the Principal and tM
PttiIDCipol Shall carter into a Cantrat with the Obligee in occoAante wirL rite terms o[
each bid, and give such bond or bands as may bo specified in thu biCCing or CoNtxt
Documaeu with good and suf5eient swuY Cw dm fairhfdl perforowre of suca Convact
and far the pmmpr paymertt of tabor and matma! fiuaisheC N the pnysrrurion [hereof, w
io arc event of ate ftdtwe of the Prineipd to entu such Contact and give such bord or
bonds, if tha Principal altaJ pay to Ne Ubligx ate CiffRexe nor to exceed the penalty
heteat between the noouat apeeified is aoid bid and ouch 1¢tgcr atnoua for wbic2t the.
Obligtt may in good faith conttnct with amthr party so pe:fortn the ww~ covcad by
said bid. then rhis obligadon shall be null oad void, otherwi sa a remain N full farce wtd
CCfr't-
NA OOCV.v.>~4Ta'~-t4)Z raopWn O,pe3 Ytl i9MEy Ta Mwkpt Y,{pyMNNUM'+f. M~Ig N_~mt1 WNtA),(t1 Tms MA DpcVn~n
tr psedeaq U.S.eeyrrynf tau ufa i,terndlanat):rylca.~nu,u,,.~zJ.eµadtctb~vMPi Mltiea of t~ls Ala~aonnenlM+nY Peraen pY, '
~aY'hun an uvora c.~r ~d rnNnal panelle4 .ara .y I•+wo.le ,a.e la tM me.:a m eaaN pose! YC tmas n1P W. TFs dowrbN,Iaf pamQd
q AU sevwe et a6la:la on ONta2me orttc rxa.~ Nat CCQZ;Q55'1_f +PO, e.Pin on YIYa00), em b nu Ib ,ask.
Wplla s tr)oaar~r
Si6aedandsalcdNla24th dayoF Apri120D9
Envirowaste Services Group, Inc.
L- ~__ (Tula!
~.Z,c,%-- tom"' ~ (~ ~~~~ Hartford F re lasuranre Company
-f~Ylncrs) r (Sunny r ~ ,
~'
1 UA /'
(7rlle) ~chael Bone FScq!)
Attorney~n-Fact and Florida Resttlent Agent
as o«un.nt aara^~ -ran. cnt.gyyu o ~ of~ ae ra)o n. TM w.mnc.e eraW» d a1n¢cu. M itcrnc.~wvy Wansouc: rtdc au- oocuiwnr
b yviccHd q V.S Cap/ri Qnt lsw ane Mkarwre•W Trsaiv:, nnrvthari:n repraduabn or Weulbuobn o1 rAic N<' ammKld, p vry panbn M tt,
mry reaWtk•ewcdW m.d pbingpuWl~ei~w~r Oe Jraavcalvd lvlM mar:anvm ulnl pvaWl~vndw d+a ta+~rA+Gwaw>f wai poM.vd Z
D)IW ~orW~LL OI:N:IOp1l PYr W1J~~Vbl a(b NgIO~S.`$$el_I ~JVdreavaY w~YCyaCi ), y+r1i T'IP 1VfOb. -
u...nm,o: mwxvrr,
Df~ect)nquiries/Claims fo:
POWER OF ATTORNEY ORD
O "0
p
Po,B
SY
656
ENUE
HARTFORD, CONNECTICUT 06115
call: 888.266-3488 ur fax: 860-757-5835
Hartford Fire Insurance Company, a corporation Juk organized under the Laws of the Srarc of Comecticut
Hartford Casualty Insurance Company, a wrp0ralion duly organvsd under the laws of the State of Lndiana
Hartford Accident and Indemnity Company, a coryoration duly organzed wider the laws of the State of Contecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organize) under the laws of the Stan of Indiana
Hartford Insurance Company of Illinois, a curiwration duly orgwtizeJ under the laws of the State oCillinois
Hartford Insurance Company of the Midwest, a corporation duly organized under nc~ laws ofthe State of Indiana
Hartford Insurance Company of the Southeast, a corroradon July organized under the laws of the State of Florida
up to the amount of unlimited: ~ - ..
F. Berry Nayley, David Aaron French, Robert P. NoJlander, Antonio Arias, Nancye Ellen Batista, Michael A. Bonef, Michael A. Nolmes
of
Miami Lakes, FL
their true and lawtul Attorneys}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undenakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranfeeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any adiors or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and Rs corporate Seals to be hereto affixed, duly attested by its Asslstam
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies. the Companies hereby unambiguously affirm that they are
and will be bound by any meccanlcal:y applied signatures applied t0 this Power of AHOrney.
~- -„
ryT:Mr ypbiWh `a•~1>->.: r >4q -`
°G~+ ~ ^° .- ~ ~ $4a,> ,xaa.„ ~ yttl• r'i 1970 ~> -t lcva t~r'0 9
Paul A. Bergenholtz. Assistant Secretary M. Ross Fisher, Assistant Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTfoRD
On this 1"day of February, 2004, before me personally came M. Ross fisher, to me known, who being by me duty sworn, did depose and
say: that he resides in the County of HartforC. State of Connecticut; thaf he iS the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corpo2Uons and that he signed his
name thereto by like authority.
<E~QA
•~• ~~_ ~
&.,u e. rr<eka
Nn~ary Pabtie
CFJtT1FICAi[ MyC'ammimon E.cpir<s OcroE..r 31,?011
I, the undersigned. Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and totted
spy of the Power o(Attorney executeC by said Companies, which is still in full force effective as of A Yil 24 , 2009
Signed and sealed at the City of HaMord. P
y,~,~aaT'LJ ~f»4'D 4 aalf lr+l //~~a L ,~J~
u0~ ~ ~ ` µa.,ruy '. ~Oa> f~ ~1"r'4e G .">,~~~t -
•Y>I r, a>
a \ .:l ~ 1~, •,,/•C •tN• ~:\~a4ta 9 ..f fLy9~ ...=S 1949
Gary W. Stumper. Assistant Vice President
Manual Supplement to BidlTender Fonr
0030'. SUPPLEMEfdT TO BID "fEPJDEF. FURM1'
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVEF.
ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM A£
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTEC
WITHIN THREE (3J CALENDAR DAYS OF THE CITY'S REQUEST.
N~arch 2009 City of Miami 6cach Page 125 of 185
Project Manual Non-Collusion Gertificatc
00902 NO[~-COLLUS10Pt CERTIFICATE
Submitted this Z ~ day of ~~~i'~ _..2009
The undersignec. as Bidder, declares that the only persons interested in this proposal arc
named herein; :hat no other person nas amp interest in this proposal or in the contract tc
which this proposal pertains; that this proposal is mace without connection or arrangemer.~.
with any other person: and that this aroposal is in every respect fair anc made rn good faitr.
wilhou: collusion or irauc.
Tne Bidder agrees if this proposal is accepted, to execute an appropnale City of Miam
beach document for the purpose of establishing a formal contractua~ relationship betweer
the Bidder and the Cily of Miami Beach. Florida, for the performance of all requirements tc
which the Bid pertains
The Bidder states that this proposal is ba ed upon the documents identified by the
following number: Bid No TT/3- 3-08 O
--~
~----~
SIGNATURE
~_~lku~~n «7rhil
PRINTED NAME
~. `~
TITLE (IF CORPORATION)
March 2003 City of Miami Beach Page 126 of 185
Project Manual Drug Free Workplace Gertificatior
0090 DRUG FREE WORKPLACE CERTIFICATIOP!
Ins undersigned Bidder Hereby certified that it will provide adrug-free workplace prograc~
by
(1 Publishing ~. statement notifying its employee=_ that the unlavafu~ manufacture.
distribution. dispensing. possession. or use of a controlled substance rs oronibited it
the offeror, workolace, ono specifying the action< tna: wit: be. rake- agains:
employees icr violations of sucn prohibition;
(2 Establishinc ~ ccniinuing oruo-tree awareness proeram to imorm i[s employee:
about:
(i) The dangers of druc abuse in the workplace:
(ii) The Bidder's policy of maintaining adrug-tree workplace;
(iii} Anr available drug counseling, rehabilitation; and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
(3; Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1 ).
(4; Notifying alt employees, in writing, of the statement required by subparagraph (1 ):
that as a condition of employment on a covered Contract: the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a crimina
druc statute for a violation occurring in the workplace no later than five (5;.
calendar days after such conviction;
(5 Notifying City government in writing within ten (10) calendar nays after receivinc
notice under subdivision (4) (ii) above, from an employee or otherwise receivinc
actual notice of such conviction. The notice shall include the position title of the
employee.
(6' Within thirty (301 calendar days after receiving notice under subparagraph (4} of a
conviction, taking one of the following actions wish respect to an employee who is
ccnvicted of a druc abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
includinc termination; or
(ii) :,ch employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purpcses by
federal. state, or loco: health, law enforcement, or other appropriate agency:
and
March 2009 City of Miami Beach Paoe '127 of 185
Froieet Manual Grua Free Workplace Certification
{7 tJiaking a gooc faith effort to maintalc a orup-lree workplace program througt
imniementatlon of subparagraphs (i) through: (E';
-___ _ -
(Bidder Sitmature)
L/ ..IIFn~.~o Wn,:-{r Sei'.~ic~r ~o5i~? tic
STATEO~ //ei'rdA fPrintVenuorl~amei
COtr\Tl' OF ,C~~ritr% -/ladle
~ r
The 2lregoing ir.;tnm:ent was acknowledeed hetore me this ~= ~1 day ct. +-~ _I ~ 2C'
~~' . hg 't:(~ ~.I "i.f ~ Y.~1'.1 a5 "l,' - , << .t r'rt
C~.C~:' (titde}ofCrlvl4'_GI~VQSt~. 5t2_rrlic'c~ I_';~i`~~.}'.
(name a person whose mgna;urc is being notanzcdl ,namc of cur~orauon+com~:ury), knot+n to me to be the
person described 6crcin, o-who produces' ~^,c -r ~~r r_.t I 1 ~I b -r fUU~, t
as identification, and ~aho did+'did no: take an oats,
NOTARY PUBLIC:
Q ~~_i ~ ,r e 1 % __'% (;~' t,J~,~.~ !4 ~ !? „9_r ~ i I 1 1, i' r i
' (Sigrjature) :(print Name)
c_ ;
__ _ __ __
. ~ _ -•
~ '°~ ____._ _w My commission expires: - - ~~ ~
"dv COAiMIUICN p L`DSN'IS? -
>~~P FXPIR*_t ,We. 31. \9rl
11 ~O{6~
1. i.w:ta~.~ly.... ImtieM.n~ry o:.,,.e.rom
h',arch 2009 City of Miami Beach Page 128 of 185
Trench Safety Act Acknowledgment
X0964 TRENGH SAFETY AGT AGKNOWLE~GPt+IENT
On Oclooer 1. 199D Hause Bitl 3181, Known as the Trench Safety Act became law. This
incorpora[es the Gccupahonal Safely & Health Administration (OSHA; revisec excavation
safely standards, citation 29 CFR.S.1926.65C. as Florida's own standards.
The bidder. by virtue of the signature below. affirms that the Bidder is aware of this Aci,
ano will comply with aL appficable trench safely standards. Such assurance shall de legally
bindino on all persons employed by the Bidder and subcontractors.
The bidder is also ob,iaatea to identify ine anticipated method anc cos: of compliance with
the applicable trench safety standards.
BIDGER ACKNOWLEDGES THAT INCLUDEG IN THE ADJUSTMENT FACTORS OF THE
PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY
ACT,
liy O'<Gt?F: TG 31= CO~:SIDERED RESPONSIVE. THE 81DDER MUST COMPLETE THIS
~~Ji?:'v. L'" : ~! A.~;C SUE'VIiT IT WsTH -HEIR BID DOCUMENT.
C-sruiio l~Ark ~Cr~ui~~ ~w~C.y, rc
Name of Bidder
Authorized Signature of Bidder
IV.arch 2009 Cite of Miami beach Faoe'i29 of 185
Project Manual Nondiscrimination Declaration
00907 NONDISCRIMINATION DECLARATION
® =~ ~'"
•; `...,.
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION !N CONTRACTS AND BENEFITS
Section 1. Vendor Information
Name of Com an : eR-,. i- '
p Y _ __ -Pali 6 i`~ame o`, Comnanv (:nnt?r1 c~~.. ,,, - , N: rFl LJ R., .:o.
Phone Number: L?A1 (v37-94bS Fax Number. l~J (037-965y E-mail:,PALYy,~4y,PBy~ENyi~t'nly~STP,ib CpM
Federal ID or Social Security Number: toy- Od C `~ J 9±'
Approximate Number of Employees in the U.S.: / D.,r (If 5p or less, skip to Section 4, date and sign)
Are any of your employees covered by a collective bargaining agreement or union trust fund?
-Yes / No
Union name(s):
Section 2. Compliance Questions
Question 1. Nondiscrimination -Protected Classes
A. Does your company agree to not discriminate against your employees
employment, employees of the City, or members of the public on the bast
perception of a person's membership in the categories listed below? Pleas
ansover means your company agrees it will not discriminate; a "NO" answer mea
refuses to agree that it will not discriminate. Please answer yes or no to each cat
Race •'Yes _ No
Color !Yes _ No
Creed /Yes _ No
Religion /Yes _ No
National origin !Yes _ No
Ancestry :'Yes _ No
Aoe /Yes _ No
Height iYes No
i Sex
Sexual odentaticn
Gender identity (transgender status)
l Domestic partner status
Marital status
Disability
i AIDSrHIV status
Weight
applicants fcr
s of th e fact or
e note: a "YES"
ns your company
gory.
/Yes _ No
/Yes _ No
!Yes No
Yes _ No
/Yes _ No
/Yes No
Yes _ No
/Yes _ e
No
B. Does your company agree to insert a similar nondiscrimination provision in any subconlrect you
enter into for the performance of a substantial portion of the contract you have with the City?
Please note: you must answer this question even if you do not intend to enter into any
subcontracts. /Yes _ No
March 2009 City of Miami Beach Page 132 of 185
Project Manual Nondiscrimination Declaration
Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees
with Domestic Partners
Questions 2A and 26 should be answered YES even if your employees must pay some or all of the
cost of spcusal or domestic partner benefits
A. Ooes your company provide or offer access to any benefits to employees wah spouses or
to spouses of employees?
Yes _ No
B. Does your company provide or offer access to any benefits to employees with (same or
ogposite sex) domestic partners' or to domestic partners of employees?
_//Yes _ No
`The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered
as domestic partners with a government body pursuant to state or local law authorizing such rogistratron, or
with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor
may institute an internal registry to allow for the provision of equal benefits to employees with domestic
partner who do not register their partnerships pursuant to a governmental body authorizing such registration.
or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor
that institutes such registry shall not impose criteria for registration that are more stringent than those require'.a l
for domestic partnership registration by the City of Miami Beach.
If you answered `NO' to both Questions 2A and 2B, go to Section 4 (at the bottom of this
page), complete and sign the form, filling in all items requested.
If you answered "YES" to either or both Questions 2A and 26, please continue to
Question 2C below.
C. Please check all benefits that apply to your answers above and list in the "other' section
any additicnai benefits not already specified. Note: some benefits are provided to
employees because they have a spouse ar domestic partner, such as bereavement
leave; other benefits are provided directly to the spouse or domestic partner, such as
medical insurance.
ENEFIT
~, Health
Ucntal
Vsior ~
Yes for
Employees
with Spouses
~-
_
-
Yes for Employees
with Domestic
Partners
n
_
-- .- Benefit
No, this Documentation is
Benefit is Not Submitted with this
Offered pow
-.- _
ii r
-~
~
~
Retirement !Pension ~
^ _ _
~, ~
_
__ -
,
401Sk> etc.l ^ ~ _
Bereavement ~~ ~
Famil leave
~_
p'
u' =
Parental Leave
~ u
-
Employee Assistance s ~ ~~ `~
pro yarn
v
~
Rmocation 8 Travel ^ ~ - - _
Compary Discount, ~ o
^ ~ - - _. _
Fadlities & Events ~ ~ '"
Credit Union
~ ,_ ~ _
Child Care ~~ ~ -I
u
Note: Ii you cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control,
(e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may
March 2009 City of Miami Beach Page 133 of 185
Project Manual Nondiscrimination Declaration
be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash
equivalent, submit a completed Reasonable Measures Application with au necessary attachments, anC
have your application approved by the City Manager, or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C.
Without proper documentation, your company cannot be certified as complying with the City's Equal
Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance
submit a statement from your insurance provider or a copy of the eligibility section of your plan document:
to document leave programs, submit a copy of your company's employee handbcok, If documentation for
a particular benefit does not exist, attach an explanation.
Have you submitted supporting Documentation far each benefit offered? r Yes _ No
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and
correct, and that I am authorized to bind this entity contractually.
ExecuteC this Z.~ day of AP,P/L in the year _' i)0 y et ,~. rgis ;
4
(City) (State)
~~ -~
~-
_~~E /'~1TiFEET~ 2No f~au,
Signature Mailing Address
C'~UrfRl~ L~ ..~ v 19 !~?/Q /~/i=11 nip / FC_ ~ 3r ~ %
Name of Signatory (please print) City, State. Zip Code
Title
March 2009 City of Miami Beach page 134 of 185
Project Manual Nondiscrimination Declaration
iCl~ ~~! °~.. ~.._j
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration, Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Procurement Division ONLY IF you:
A. Have taken all reasonable measures to end discrimination in benefits; and
B. Are unable to do so; and
C. Intend to offer a cash equivalent to employees for wham equal benefits are not available.
You must submit the following information with this form:
t. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s) you received from such benefits providers, and if written
responses are unavailable, summaries of oral responses: and
4. Any other information you feel is relevant to documenting your inability to end discrimination in
benefits, includuig, but not limited to. reference to federal or state laws which preclude the
ending of discrimination in benefits.
I declare (or certify} under penalty of perjury under the laws of the State of Florida that the foregoing
is true and correct, and that I am authorized to bind this entity
contractually. ,f
C~/v/,POI'V~3.i ~ySE~PV~cE C7R;iv? !h'•.. Y .~E /57' JTP~=E_:`~NJ FC':iJ,~
Name of Company (please print) Mailing Address of Company
Signature City, State, Zip
~DUA~DO J. ~A.~eBA 13c.i) (n~7- y!,G.~
Name of Signatory (please print) Telephone Numb~~{er ~ppp q
(, . ~l t/. ~ ~ ~~ `f G.J ~~ I
Title Date
March 2009 City of Miami Beach Page 135 of 185
Project Manual Nondiscrimination Declaration
Definition of Terms
A. REASONABLE MEASURES
The City of Miami Beach will determine whether a City Contactor has taken all reasonable measures
provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end
discrimination in benefits. A determination that it is not possible for the City Contractor fo erd discnminalion m
benefits shalt be based upon a consideration of such factors as:
(1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and
written documentation from these providers [hat they will not provide equal benefits;
(2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and
(3) The existence of federal or state laws which preclude the City Contractor from ending discrimination
in benefits.
B. CASH EQUIVALENT
"Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse. it
applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The
Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her
spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off
for death of a spouse. Cash payment would be in the form of wages of the riomestic partner
employee for the number of days allowed.
b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly
premiums that are being paid for the domestic partner employee, to be paid on a regular basis while
the domestic partner employee maintains the such insurance in force for himself or herself.
c. For family medical leave, cash payments for the number of days that would be allowed as time off for
an employee to care for a spouse that has a serious health condition, Cash payment would be in the
form of wages of the domestic partner employee for the number of days allowed.
March 2009 City of Miami Beach Page 136 of 185
E ~ rite
Group. Inc.
REASONABLE MEASURES DOCUMENTATION
EnviroWaste Services Group, Inc.. has taken all reasonable measures to end discrimination in
its health insurance benefit, however it is unable to do so and will offer a cash equivalent to
employees for whom equal benefrts are not available.
The reason that health insurance benefits are unavailable to domestic partners is that the
company's carrier. Humana, does not provide that option to firms with less than 100 enrolled
employees. EnviroWaste obtained this information from its health insurance broker, Mr. Jorge
Baste of The Berenguer Group at (305) 856-4056. EnviroWaste confirmed this from Mr. Baste
on 4123/09 and has attached an a-mail from said broker confirming this information.
It is EnviroWaste's intention to offer the health insurance benefit to domestic partners once it
has reached the employee requirement imposed by the carrier.
EnviroWaste confirms in writing that it does offer both its employees with spouses and with
domestic partners the following benefits equally:
• Bereavement
• Family Leave
• Parental Leave
• Employee Assistance Program
Headquarters: 4 SE t" Street, 2i° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami. FL Orlando. FL Dallas, TX Houston, TX
.~n.,_a~~row~s,esc~com email: info@envirowastesg.com
i~agc i ut i
Ralph A. Barba
From: Jorge Baste [jt6@berenguergroup.comj
Sent: Thursday, Aprl 23, 2009 5:03 PM
To: ralph_barba@envirowastesg.com
Subject: Domestic Partner Coverage
Hello Ralph,
In reference to our conversation earlier today, Envirowaste Services Group does
not qualify for Domestic Partner Coverage with your current Health Plan offered
through Humana because there are less than 100 enrolled employees. If you
need any additional information, please do not hesitate to contact me.
Cordially,
Jorge T. Baste
Vice President
The Berenguer Group
2929 S. W. 3rd Ave Suite220
Miami, FI 33129
Phone (305)856-4056
Fax (305)856-4057
E-mail: jtb@berenguergroup.com
www. bereng uerg ro u p. com
The Beren~•uer Groin Mission.,.
To achieve success hj, professionally and ethically delivering the /tighest degree of personal service,
and kotd true to our belief tltal it is better to give than to receive. Our goal is to he steadfas/ in giving
ItI% of our eanrings to clurritable organizations such rrs: St. Jude Children's Xesezrrch Hospital
and G'nited Cerehra/ Ptrlty.
4/23!2009
Project Manual Contractor's qualification Statement
00908 CONTRACTOR'S QUALIFICATIQP[ STATEMENT
ITB Number ~ 3 - ~~~''~' `'-%
Contractor Name:
The undersionec certifies under cath that the information provided herein is true and
sufficiently compie[e as not to be misleading:
Submitted B~ Fc~ uU~~(a /3Ar~A
(Name}
L;rr t3~s,dP~ r ~. ao
(Title)
Address: _
~/ 5F. r`~n r ~~f Corporation LR
- ?.ti( ~~COr Partnership ^
~~,a,ui F~ 3~/3/ Individua' ^
Joint Venture^
Oiher [,
Principal Office Location y
Sf. f;~ f S T~
~~h~, , f~ 3 3/I/
Name of the Project: Job Oreer Contract -ITB No.: 2_=~~~ y r/~,,,,20,,,~` ~~;;~,~
1. Organization
1,1 How many years has your organization been in business as a contractor? ~
1.2 How many years has your organization been in business under its present business
name? 1 i
1.2.1 Under what other names has your organization operated
Mach 2009 City of Miami Beach Page 141 of 165
Project Manual Contractor's qualification Statement
3 If your oroanizatron is a corporation, answer the fohowing:
1.3.1 Date of rncorporalior Z~lZ ~9E
'.3.2 State of incorporatior _ F~o.'~~lt
1.3.3 _
Fresidenfs Name ~C~..r~e ~j,,,,6,g
°.3.4 Vice President's Name Fd uurct<c ~a.fie
..3.5 Secretarvs Name ~
~~i ~. ~f7~hy
'.3.6 D
Treasurer's Name /QA~;+~ ~. /j~i~
1.4 If your organization is a partnership, answer the following:
i.4.1 Date of organization
1.4.2 "i ype of oartnership (it applicable)
1.4.4 Name;sl of Genera! partner(s)
1.5 If your organization is individually owned, answer the following:
1.5.1 Dale of organization
1.5.2 N2me of Owner
1.6 If the form of your organization is other than those listed above, describe it and name the
principals;
March 2009 City o1 Miami Beach Page 142 of 185
Project Manual Contractor's Qualification Statement
~. Licensing
2. i List licensing evidencing your organization is legauv Qualified to conduct business it
Florida and perform the scope of v/ork described ir, Ihis ITB respective to the Job Oroer
Contract that you are biddinc isee Invitation TQ 6id -Bid Table;, and indicate
regist//ration or license numbers (alsc attach photocopy of license(s)j: /
lXntrn~ ~~cu~i'~ ~ s L,~,.a. 7v~..~ir r' GC / S U 7'/S 3 eY~ k~!//o
3. Experience
3.1 List thre categ/pries of`w~o~rk yLOUrfi/r'm normalry performs with its own forces. /
S%dP f/nll ~KS~ A~Y~raA~( ctl~A// Adl l~S~/{e~~af.9L~ ~ /~,/['i~i4A~id~ /~+S7i4~~,t'~JdJ
SA.ui>A/V SIWi/' ! S ~f1IIATi~~ CG// f~ G C` = 4//t/'~ ~O~7C![ 1(C ~
won~Sy 5_A/._r~ia~yrJ SPwt/' 2~r}lyaf%>u S'1'u it/ a c~Y't~.aiit~Dai
f fT/i!1 ~ S7c~,~t orP AifJn ~ ~tavind ~t~ ~~tuisi ~ ls9.ui41~ ~r'tpttfw~'
I.4 '`r/FJ ~ Ii.~i ~[~ S C c r~,j.d.i~ ~'.~P~ G.~Lw~~ 2 >; C iF VA 1 ~cw
3.2 Claims and suits. (If answer to any of the questions below is yes, please attach
details).
3.2.1 Has your organization ever failed to complete work awarded to it?
~liG
3.2.2 Are there any judgments. claims, arbitration proceedings or suits pending or
outstanding against your organization or its officers?
~! G
3.2.3 Has your organization filed any law suits or request arbitration with regard tc
construction contracts within the last five (Sj years?
{,'G
3.3 Within the last five (5) years, has any officer cr principal of your organization ever been
an officer or principal of a^dher organizatien when it failed to complete a construction
contract? (If the answer is yes, please attach details).
iv G
N~arch 2009 City of Miami beach Page 143 of 185
Project Manua
4. Attach Organizational Chart hereto.
5. Attach Sta`flno Pian hereto.
March 2li'08 City of Miami Beach Page '144 of 18E
;~~;~':~_<,: STATE OF FLORIDA
( ~~`'_, DEPAR'iM3iQT OF BIISINSSS AND PROF
_.
"~y CONSTRJCTION INDUSTRY LICENSING
1940 NOR^t h?O_rIROE STREET
o~w.„ "'; TALiL=L~ASSEF FL 32399-0
3ARBA, BERNARDv RAe'ASL
ENVIROWASTE SERVICES GROUP INC
59'x1 SW 88TH STREET
M ='-t'-r= FL 3315b-20b7
ESSIONAL REGULATION
BCARD (850) 487-1395
783
Cangratulat,ans! With this Si~nse ycu pecor,e one of the nearly one million
Floridians licensed by the Department of Business znd Professional Reguta5on.
Our professionals and pus;nesses range from arch3eC.U^ to yacht brokers, from
dexers is barbaque restaurants, and they keep Fbnda's economy strong.
Our r»ession ai the Departmen' is: license Ftriaenily, Regu;au: Feirly. ;^,~.-~
crostantly strive to serve you better so trtai you pn serve your cusior. e's.
Thank you for doing business in Florida, and congrztulations on y^,ur rew !:cease! is
DETACH HERE
$ARBA, BERNARDO RAFAEL
_ EI~TVIRC'r7ASTE SERVICES GROUP INC
5931 SW 88TH STREET
MIAMI FL 33156-Jf}Fi7
CHARLIE CRIST
GOVERNOR
CRUCK DRAGG
INTERIM SECRETARY
Project Manual Bidder's Past Projects
00910 BIDDER'S PAST PROJECTS
Related Project Experience,
Complete the forms on the following and provide five (5) samp~e construction projects
that your comoam has completed or that are in progress, that are similar anc of the
same complexly to the types o'. work requireo unaer this Contract.
March 2009 City of Miami Beach Page 147 of 185
Project Manual Bidder's Past Projects
SAMPLE PROJECT 1 OF 5
CONTRACTOR'S NAME: 'r. w,Rt'~~/`{ YET" `-eQVV(~P~~ '_~~it.:._y-' r ~~_'_
CLIENT'S NAME: _ ' d r ',~- Nl tU Nl i I~PYi C:I' ~
CLIENT'S CONTACT NAME: N1ik' P UIV(lke.r . F~~r°~tClfH 41~Lj)IIL` VyU6Z~`_: L,r:`~-t.:~
CLIENT'S ADDRESS: I ~ ~ _L) ~,c~>r-~ V~;r `-Fir :r i ~~~r 1t(''.~ nl2 I v'P.
CLIENT'S PHONE: ~~:`% 1i.' 1~~~" I (_:C,t.' FAX '`~~%- lu1?~ - ~ 02~''
CLIENT'S EMAIL ADDRESS:rI-~I~.FUS/isif"ttlS-~'il'~~iCLYY51r~G1C!L-rT~ •CIC`~'
OVERALL DESCRIPTION OF THE PROJECT: --. ~ ;-, -:.1-'_: ~ -.~'.c r_:i`.(`
f
TYPE OFCONTRUCTIONPROVIDED:t~C?i(1-1 rCCLlu" FL~_II '',,c"1i'
~t"i r~rl-, ,- ~ _ ~ i; ~ r ;~ .L r_ i (~ .r r - ,'~;~Jb~,CLI t t~a?Z~~ {""~ ~-
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
--.
~jV i Y ~! . l,r_f I~~y.YC)t'(~ri.ll lti ~tC~f~~~~T I ! ~.ti<il
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment and/or BeachlBay Front Vicinity): bvor k }n,,;~ r,lu, •~ ;}-;, (x.u`IdT -~t
tr,F~ C!,n Ir;-~ ~i,r~~~ i~~~~a~~J;.>~4iI ,~dD'<k r~k_x~ i11c~1-~~~ r"rrJlr:r< ~. r(i,~x,~F>-
_! J _ I
F~nr hil~r5 lXl KGJr~i(Y,i -u'1V ('Ah'rFY>`> ~.}.{~G /]r"Y~ r~~, ~ !.f.A'7`1Er7fZ-lYl.~')If' (~ 1~~~~2- .
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime „~ Sub-Contractor
What changes and/or modifications were experienced during the course of the
Marcfi 2009 Gity of Miami Beach Page 148 of 185
Manual bidder's Past Projects
(SAMPLE PROJECT 1 OF 5, CONTINUED)
How did those changes/modifications affect the schedule? ~~'
CONTRACT AWARD AMOUNT $ L~, , y rYl ~I i~ ~.Orl
FINAL COST AT COMPLETION: $ is r Y_ ~ ~'.'t ~ ~_ ~';
VALUE OF WORK PERFORMED AS THE PRIME: $ I . ~ i! r r '~ ~ I',~ i_~`;
TOTAL VALUE OF SUBCONTRACT: $ ~ ~-C-•. ~` t-l-
SCHEDULE START DATE: ; ~.'~`~; ,.~ C~f°``:
SCHEDULE COMPLETION DATE: ` % } ~ I i ~;~L.~- ;
ACTUAL START DATE: ~ ~ • -- _ ~_-'(`-.
ACTUAL COMPLETION DATE; ~ ~ _` ~'j --' ~L ; l
PROJECT MANAGER: L .L~'.:.li LI ~; t"Z , i 'G
-~-
DESIGNER: ~~.. I ; i~~l
PROJECT MANAGER: ~ ~:!`~ -~r~ ~ ~i ~~r it ~`-d- r ,
TELEPHONE NO: ~_ ~'~ ~ _' ~ - I. I
"ATTACH ADDITIONAL SHEETS IF NECESSARY'
March 2009 City of Miami Beach Page 149 of '185
Project Manual Bidder's Past Projects
SAMPLE PROJECT 2 OF 5
CONTRACTOR'S NAME tr-,v'+RO'V`IC'ASl-f' `~'k~~ i ~`r?~_, ~ ! r ; v,1~ 7f1-''
CLIENT'S NAME: _" - I~ irir~ 1-vA~~~ - -~ Y.~~
~: ~r,~,
CLIENT'S CONTACT NAME'fi:~~ l.cv v Hr (~ h i P r ~x i n to r i 1 ~~+ , w 4 '
CLIENT'S ADDRESS: ,'~{~}-I(.X; _il,L~ ) ~ -I j-~4?ar iU~,
CLIENT'S PHONE: .~~~>- L~(~ '~ - J (7~~.. I FAX ~~CG- ZtS;%~~-`_Y_`.:~. i
CLIENT'S EMAIL ADDRESS: (C;i ~ ~C) (.i ~• r i' u: _~ 1Tl,r"~~l(jr~ t'~C~~~-'
OVERALL DESCRIPTION OF THE PROJECT. ~,r C)rf-~-~,~ : x' =,y~ .: b;
i
_._11 +- i • _ i i + ` ~" + `w i ~ y, ~ i 1` i /_ ti f ,y +: ~ r I <- a r . },
i
TYPE OF CONTRUCTION PROVIDED: 7", r~>r' k. t ~ ~ ~ r : ~P! ~ - ~ =
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
+' l ,
~;
y, , : r
'111'1t i , i
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment and/or Beach/Bay Front Vicinity): b Vr;r '; ___ i ~{ r~ , , M, vv ~i 4`:;~ ~~ ,
~`~- i i'-~ _'~l U r1Y ( i ~ , '-tr . Ir-1 t SifAt-, ~r~~ I~ I~ ~ I ~ it ~ t,~ ~ ~i ~~_
_ ~'
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes and/or modifications were experienced during the course of the
project?ter ,: , . ,~~ ~ ,-.r:- ~, , ,e~, l1 _`, ~ =-f-=, • <= 1 T.
4"),,<1yt;~_ x:`4~,yY.L~~r,r-( .f~_.r 1 ~-:~,rt l~ =i 1 - ~,- ~ `S iz
1
March 2009 City of Miami Beach Page 150 of 185
Project Manual Bidder's Past Projects
(SAMPLE PROJECT 2 OF 5, CONTINUED)
How did those changes/modifications affect the schedule? '~ '~~'. n:" ; ~ ; ;r :.t tr.'i
CONTRACT AWARD AMOUNT $ '`i. ti. r~`ti,~ S i ~ ~r
FINAL COST AT COMPLETION: $ ;.`_ .-=i`~~ n i,'~,'., _- ~ 1
VALUE OF WORK PERFORMED AS THE PRIME: S :`_ . J> rY1 ;, ~'~ Gr"1
TOTAL VALUE OF SUBCONTRACT: S I'-~~~
i
SCHEDULE START DATE: IC i v~~
SCHEDULE COMPLETION DATE: f G'I~~ 1
ACTUAL START DATE: _ ; ~: :y
ACTUAL COMPLETION DATE: f ~1 G 1
PROJECT MANAGER: _~UC ~ r`r ~.
DESIGNER: r r f -; ? r'!'.}~,
PROJECTMANAGER:.~~~'a~~k~1r~ F1 ~~;rr~'~-~_Ir-r.~ i:i-.
TELEPHONE NO: -~ ~ I1 Y' - ~, `~:: Z
`ATTACH ADDITIONAL SHEETS IF NECESSARY`
March 2009 City of Miami Beach Page 151 of 185
Project Manual Bidder's Past Projects
SAMPLE PROJECT 3 OF 5
CONTRACTOR'S NAME: ~=r y,~r~l~t?(.tSi~' `f~ K•:,~"~<` ~ .:
CLIENT'S NAME: {'~~~ {'-~-1 C=~; a ~ V,11(i5~
..
CLIENT'S CONTACT NAME: ~!'~`k ~ ~ _t~~i' • K, ~"~ -•
CLIENT'S ADDRESS: ~'~ 4 tu`.0 ~f.r 1r"1FC~l~ ~
1 [1i l Y=_ti.l.~_~C.t,~!.
~ '--~_.:.~r~ ~.~ -~C ;
-
CLIENT'S PHONE:'~.~:~-` ~ Jl~'" 1 4-I 1
~(_~`; ~
FAX _
1`~-u~ ~ ~ ~~~~_
CLIENT'S EMAIL ADDRESS: ~"l '-i. ~Y:i7~,t +
)~GL I' k"~Y 1 ~ `{,` ~~' . i ~i r t ,
OVERALL DESCRIPTION OF THE PROJECT: ?-- I , f I,r~, (k`~~ -?Lt ~+i r"i 1,
71'i , _ Ir i I •~sl''~~~.1";i~-~i(I (~jr I
IL
'~
; .e'~~ ;r /~ 11;y~,_
.
-
it i :>' i v } T`l( ~F__~. }-i i`i l ~ 1 ~,! 4~1(~((lf`
TYPE OF CONTRUCTION PROVIDED: ~I, ~ ~ l ,r ;>; ~• l l;"1 ~ [ 1"~ ; : i Y" ~, r ; _ :~ ;; t~l!
-r
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in_City/Urban
environment and/or Beach/Bay Front Vicinity): '.. _:v-:' ~ i n (-~~('; =s~r~{:.. C
Y'Y1' II~~~'~,f ~ I . ~ _i _.~:~ to 7i_~: Vii- '" '~if~ `J1'i~d%Q1~. ~11 fiE~J,'~ ~~l['~)~
~ ~-- ' r
_L,.i. r l ~ { ~' ~ _ _ 171 i]`=~')f"K'1 i"1 ~i'Iri~~d hi["_l';~t3 -ii t ~~~-
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes ~ndlor modifications were experienced during the course of the
project? ~ '`
March 2009 City of Miami Beach Page 152 of 185
Project Manual Bidder's Past Projects
(SAMPLE PROJECT 3 OF 5, CONTINUED)
How did those changes/modifications affect the schedule? '~
~,y
CONTRACT AWARD AMOUNT $ ~ l i; ~ ~~ (~•I'-I ,
FINAL COST AT COMPLETION: $_ I -r'--I c:~.(( ~="
~-
VALUE OF WORK PERFORMED AS THE PRIME: $ I `-:: i~'1_% ~ _ --
TOTAL VALUE OF SUBCONTRACT: $ I '-~{- i i_ ~ ( --
__ '
SCHEDULE START DATE: ~> _ ~~~-i
SCHEDULE COMPLETION DATE: -
ACTUAL START DATE: _ - ;
ACTUAL COMPLETION DATE:.. C"-I I~~~ r;_'=:
i
PROJECT MANAGER: a~- ~~ ~ ',t;~ (.-ii ; x, + ~ ; -,
PROJECT
'ATTACH ADDITIONAL SHEETS !F NECESSARY`
March 2009 City of Miami Beach Page 153 of 185
Project Manual Bidder's
SAMPLE PROJECT 4 OF 5
CONTRACTOR'S NAME: ~r--,yt(tii'Y~lL1~~'C ~~':C'o'rc~:'?SEti'><tD ~nC`
CLIENT'S NAME:-''- rYt< ,,=1.1 ! 11t'fX7~-irfY~('f"1-~ C~ ~ rC,+.rY,{~(1
CLIENT'S CONTACT NAME:i~in~Y~~11r~K-~ ~ICr;kr~1E' ICi~'rY.ifi%:~
CLIENT'S ADDRESS: >':,li i 4 ~f °_K `<e 1 if l " S~''t -'r I ~n.,; -I~i'.~-' ~ % ; I "
CLIENT'S PHONE: 'L=~; - 1li'2 - 1 I ~ l• FAX
CLIENT'S EMAIL ADDRESS: ~r~~hi(:;_i-.c' 'Ci'-t."_r • : ~ ~(. +'-i„':~' 'F-i, tT=" I ;
OVERALL DESCRIPTION OF THE PROJECT: ~~l1ILALr: ~I ~ • ! r' `'~ `-
~. l" i~. _~r__~ ,r ^~~-Y i I i-~G Y%'C` ~:Lt VtLf'~ _U~, ~~ ~.f- i~ Y li,
j
TYPE OF CONTRUCTION PROVIDED: I I, rr.r-~lr ah yr~ -" r' ` -
('r-xY-,.fir -r: .-.,-,C:~--f'r-~, +.-.i.~l't r'.>2 Vi,~~_.
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
~i?~', II:~., (il'7i'f~il1 Ir f -rc'YI'17",/:(~~ ~ u' !7r_ ~1'j ~ ~~J !(`
I , l ni r `~
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environment and/or Beach/Bay Front Vicinity):-li ~, ~-• r;t ~; r- ~ ;,_.: ~:-rr %- r ~t-
`i -i ~{. _'~~(.1l ?r' !-} .1.,t _ ~il,l.lir ~~~~ ~, .>J F ~ I f~:l - r_ -~14 1 ! If C_
_ _ .
Was the experience described above ~s a Prime Contractor or as a subcontractor?
Prime Sub-Contractor ~;'
What changes and/or modifications were experienced during the course of the
project? >~' i-x ~_~ ` ~ ~; i' ('_~°~. :';i- r'~ j,~~'Y lr ~r ,± • ~, ~ r ` ~ ~2+=n 7' r, " ~" ~
~~~F('r .
March 2009 City of Miami Beach Paae 154 of 185
Frojer. Manual Eidder's Past Projects
(SAMPLE PROJECT40F 5. CONTINUED)
,' l .
N}Io~'wQtl~idr those cnanaesJmodifications affect the schedule' _ 1/-J'~ G 1~t"rn
_ C = Jri1 nlP~~i,..~ dt.~e _
CONTRACT AVUARG AMOUNT S~~ ~ C'. ~~ _.
5~
FINAL COST A' COf~1PLETION: S ~ t 4'~ LS 1
u~
VALUE OF WORK PERFORMED AS THE PRIME: ~_ "' ~ ~~ j
TOTAL VALUE OF SUBCONTRACT: $~Z 5/,. Sv
SCHEDULE START DATE, Z- /~y'
SCHEDULE COMPLETION DATE: _ 2 ~Z'_> v~
ACTUAL START DATE- ~ /~~ ~Jy
~-
ACTUAL COMPLETION DA~. ~ ~ ,v `
PROJECT MANAGER, ti , C ' (~ ~;, ~ ; ,.,
DESIGNER: Ta"v`a.yo ~~t r1.QC~r i+~.c~
PROJECT MANAGER_E U}'t' c~ _+
TELEPHONE NO 30S ' ~ (oZ.. " ~7 t 7
'ATTACH ADDITIONAL SHEETS IF NECESSARY'
March 2009 City of Miami Bcach Page 155 of 785
Project Manual Bidder's Past Projects
SAMPLE PROJECT 5 OF ~
CONTRACTOR'S NAME: _ r" ~\% iY G W Q`~~ . t U i r_ ~,- _ i ~ %a , ;- '. ,
CLIENT'S NAME: i : ~~.: ~r-, ~Q~,i' Lrr~ .KPH,
CLIENT'S CONTACT NAME: '._ -'-r1C-~; L~i_K~'(~t
CLIENT'S ADDRESS: ~ '-: ' L- ~ _ l~l `, _. (, ', ; ~~~! ?4' ~~~~ i !'I tl-%~ ~1i ~~("~ j~ ; =,':r}I U
CLIENT'S PHONE' '?_ `-: - J!._C,~-I - I.' i'. FAX ~r_.,-J.~ _ ~_:'=~C _ -'sue-1-I ~_;
CLIENT'S EMAIL ADDRESS: ~C.' 1 I-~~ c a ~ ~' i '~ ;~ ~! ~ 1 i ! i ~~,! k '~- - ~-~(, i ~i~ ~:,
I
OVERALL DESCRIPTION OF THE PROJECT: ~ v~ L~L_i°~ (~ C-l,rz"! i I ~<a l r .
,-
,r, I,~ : ,, ~, I, ,,+ ~ • itii''1 , r~ ~l~ si;k<k -~~~P IrY--ttl~1(lti 't } J~~
,
~~~.~tU'~C1~ ~~~dTCY1 'x~r=en~ `~~JPYCI( rye ,i'~~_ ~, - - ~lr-t-i ~-P~l~'~~~
`, ,-
TYPE OF CONTRUCTION PROVIDED: i l i~ ~ r ~ ' r r'; r' ,' % ~-- , LF ~ =-
l Y 1__.-t f t - ., -i - - ~ ~- <-i '- ~' 4i f E' I (Y-`1~ :1Z1'A~ x`7 1 r'1'-I-~-c
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban
environmentandlorBeach/Bay Front Vicinity):"1t-.~°_- ,c ,z :.~__~-- i, ,:_,, I
~`
-~~ i ('-r r ~"r1 ~~~- GC' -i-~ i , 1'Y I I i ' Il `~L ~'C.k-~ L!
~~-~Y~ _ _'~'Ca~r~l~.ti-l C. ~.:.:PrF' 1<~;;tr]11Pr~~.
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub-Contractor
What changes and/or modifications were experienced during the course of the
prOJeCt? L', ,, ~.._ I ; - i, - 11-....C- -~. T-! I 1 <i ri-i i--~., i r,- , ~1 nl -I-YT J'{1 _~ --,
,
i1 i ' ~ ' -Y if~,<1 i ~ ~~Y 'u f: it) + <"x"~ <<Xl')i,Y (t -; r-Y,,-! ~~ r .., li, ~ ~ ~ -_, ~~~J ~l
,{ + r
(r-!Y r__-l - f Sl(_"~~' I~' I,~f ,T~l~Il ~.l ~ ~i.. 'f ~,__.~~1~.~ ~ "Il ";C- ~~~ '. '_'`-,-„_J_i __.i1ti i~~~~,: t.
March 2009 ; _, ~ti'i 1 P,~'{Lt.Or; ~u rtCity of Miami Beaeh Page 756 of 185
Project Maeual Bidder's Past Projects
(SAMPLE PROJECT 5 OF 5, CONTINUED)
How did those changes/modifications affect the schedule
~~ _
CONTRACT AWARD AMOUNT
,' ;
FINAL COST AT COMPLETION: $ t_ i_ ~
VALUE OF WORK PERFORMED AS THE PRIME: $ ' -'.._ '_
TOTAL VALUE OF SUBCONTRACT: $ i ~ ~;-_Y, ~ , `
SCHEDULE START DATE: I '~ - i I '`~`` I C= `C
SCHEDULE COMPLETION DATE: l I ~ ~~,~~I
4
ACTUAL START DATE: r; ~. i, I S I Off;
ACTUAL COMPLETION DATE: I i % ' I ~~- G~.
I
PROJECT MANAGER: ~` _', ; ,';!' ~' ! , ; , ~ ~ i
DESIGNER: `__, ; ,)r'c s - {-Ii<~RY~1
PROJECT MANAGER: -I :_ ~ ~~~ ~~ ~ ~; - ~ , { t
TELEPHONE NO: '` -' ~'I ~`; ~~,` >~-,
*ATTACH ADDITIONAL SHEETS iF NECESSARY*
of Miami Beach Page 157 of 185
Project Manual Form of Certificate of insurancE
009'12 FORM OF CERTIFICATE OF INSURANNCE
BID TITLE Oi'l2ou~l `tC'w
ITB No. 3-
Insurance Checklist
XXX 1 Workers' Gomoensation and Emp:oyers Liability per the Statutory limits o` the state o'
Florida.
X_X_): 2. Comprehensive General Liabi!it~~ roccurrence form„ limits of liability g i;000.OG0.00 pe
occurrence ie• bodily injury prooen damage tc include Premises' Operations:
Products. Gomo~eted Operations and Contractua. Liability. Contractual Liability anc
Contractual ineemnity (Hold narm~ess endorsement exactly as written ire 'lnsurancfl
requirements" o: specrfications;-
XXX 3 Automobi~e Liability - $1.OOG.000 each occurence - ownedinon-ownedlhirec
automobiles included.
_ 4. Excess Liability - $ y~~x AG per occurrence to fouow the primary coverages.
XXX 5 The City must be named as an additiona~ insured on the liability policies: and it must bE
stated on the certificate.
XXX 6 Other Insurance as indicated
_ Builder's Risk Insurance will be determined on aproject-by-project basis.
Liquor Liability S 00
_ FirE Legal Liability $ .06
_ Protection and Indemnity $ .00
_ Employee Dishonesty Bond $ .00
Other $ .00
XXX 7, Thirty (30j Days written cancellanon notice required.
XXX b. Best's guice rai+ng B~: VI or better, '~atest edition.
XXX 9. The certificate must state the bitl number and title.
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (Sj days after bid opening.
~ /'1 / [ r _ __ _
Bidder Signature of Bidder
Mareh 2009 Citv of Miami Beach F ape 159 of 185
Project Manuat Statement of Compliance • Gavis bacon Aet
OOS1E STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No. _
Contract Nc Z 3- c~ o
Project Title Ham; X0.,-6, ~CO41
As reouired. ii any on a Job Order by Job Order basis, the undersigned Contractor Hereby
swears unoer penalty of perjury that. curing the perioc covered by the apo~ication for
payment to which this statement is attacnec. alt mechanics. laborers, anc aporentices,
emoroveo or working on the site of the Prciec: nave been oaic a: wage rates. anc tnat the
wage rates of oayments. contributions. or ccsls for frinee benefas nave ncl been ies<_ than
those reouired by the Davis Bacon Act and the applicable conditions of the Gontrac.
Date: ry/~ii Z3 , 20 C- 9' __ ~o«~. (,~~~ SErur~t/ '~ -~..<,
~_ r ~~ _ ~:nr}t~aet~L.~..~
Si^r~ature) ,~
By ~~ ~ ~. ~~r~ G~r~ ~o.C.
(Name and Titl-~-
STATE OF ) -l,n~-~,i-;t
}SS
COUNTY OF ) l_t_., (~-±i ~ }•
- t'd-
The toregoing instrument was acknowledged before me this >~ ~+ day ef,
I-~ ill ~ ', 20_'y~ , by •, rho is personally known to me or who has produced as
,~_
identification and who did/did not take an oath.
t
ice'
WITNESS my hand and official seal, this .~~ .' day o! ~~I ~~::' 2C
(NOTARY SEAL) ~ ~ ~_~%_i. ~_ ~ _+'_~_~•.-;,i,.,- , t,. i
=-*- --
(Sicy~ature of person;~i,rcinQ acknowleogment'
~'"~~ 1FLt:.A~V VALllI VIA _ '
~ ask r,~r ('oH~ntc(ovw DU~tl?u~ r1 ,, 1 I
'7or w~°A FS rntW ~ r. +--~:o i_'~ iC.a( } ~~~ 1~1,_~I(+I'a-__~-l 1
(<u~+3CC~ ~~ ^^N~~t~re~ ` rw om (Nam60f Off CE, aKlno aCknOWlBdgmCn(;~
My commission expires: ':v " -~ ~ - ,~(.U! (_: (Serial number, ii any)
March 200E City of Miami Beach F aae 171 of 185
E ~ aste
Group. Inc.
COMPANY INFORMATION
EnviroWaste Services Group, Inc,
4 SE 15' Street, 2~' Floor, Miami, FL 33131
(305) 637-9665, Fax (305) 637-9659, (877) 637-9665
License: # OB 32296
CGC 1507453
COMPANY EXPERIENCE 1 QUALIFICATIONS
Project Name: City of Miami Beach, FL
Project Title: Horizontal Job Order Contract
Budget: $ 10,000,000
Time period: April 2008 -April 2013
Synopsis: ESG has been contracted to provide horizontal general contracting services
for the City of Miami Beach including CIPP rehabilitation, sewer cleaningRV'ing, point
repairs, demolition, drainage, paving, sidewalks, curbs, gutters, excavation, and all other
`horizontal" construction services.
• Owner: Town of Miami Lakes, FL
Project Title: General Roadway Construction
Budget: S 850,000
Time period: July 2008-July 2012
Scope: ESG has been contracted to provide general roadway construction services for
the Town of Miami Lakes. FL including drainage, paving, sidewalks, curbs, gutters, etc.
• Owner: Town of Cutter Bay, FL
Project Title: General Roadway & Drainage Construction
Budget: $ 550,000
Time period: May 2009- May 2010
Scope: ESG has been contracted to provide general roadway construction services for
the Town of Cutler Bay, FL including drainage, paving, sidewalks, curbs, gutters, etc.
Owner: FDOT District VI -Miami. FL
Project Title: Sidewalk Repair
Budget: $ 200.000
Time period: August 2008 -August 2011
Scope: ESG has been contracted to provide sidewalk repair for the Florida Department
of Transportation.
Owner: FDOT District VI -Miami, FL
Project Title: E6F43 - SR 5 Biscayne Boulevard
Budget: $ 117,000
Time period: February 2009 -March 2009
Scope: ESG was contracted to provide emergency general roadway construction
services for the FDOT -District VI including drainage, paving, sidewalks, curbs, gutters,
etc.
Owner: City of Miami, FL
Project Title: Slab Covered Trench Cleaning
Headquarters: 4 SE 1" Street, 2nd Floor, Miami, FL 33131 (877) 637-9665 * F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
w~,vH_.Envirowas?esq.cor~, email: info@envirowastesg.com
E ~ aste
- Group. fnc.
Budget: 5 1,800,000
Time period: 2008 - 2012
Scope: ESG has been contracted to clean slab covered trenches for the City of Miami.
• Project Name: City of Miami Beach; FL
Project Title: Sanitary Sewer Rehabilitation
Budget: $ 6,200,000
Time period: November 2008 -October 2009
Synopsis: ESG has been contracted by the City (under it's JOC) contract. to provide
sanitary sewer rehabilitation throughout the City to meet it's consent agreement. The
scope of services includes CIPP lining, grouting, sectional lining, sewer cleaning/TV'ing,
point repairs, etc. The installations of liners include sizes ranging from small to large
diameter pipe.
• Project Name: City of Dallas, TX
Project Title: Sewer Maintenance & Repair Services
Budget: $ 4,696;390
Time period: July 2008 -July 2011
Synopsis: ESG has been contracted by the City to provide sanitary sewer maintenance
and repair services throughout the City. The scope of services includes storm & sanitary
sewer cleaningfll/'ing, point repairs, bypass pumping, sonar inspection, etc.
• Project name: S-782 Lateral Sewer Testing - 2005-2007
Location: Miami-Dade Water & Sewer Department
Budget: $ 3:300;000 (completed at $ 2,450,000}
Time period: 2 years
Synopsis: ESG was contracted to test approximately 6,000 sanitary sewer service
lateral connections in 40 lift stations throughout Miami-Dade County, The lines were
tested using the pressure test and/or the smoke test method. This pilot study program,
the first of its kind in the U.S., was requested to determine the I&I problems with the
lateral connections throughout the County.
• Project name: S-793 Sanitary Sewer Service Laterals CIPP Rehabilitation
Location: Miami-Dade Water & Sewer Department
Budget: $ 500,000
Time period: 2008
Synopsis: ESG was contracted by the Prime Contractor to line 95 sanitary sewer
service laterals throughout areas of Miami-Dade County.
• Project name: S-803 Sectional Line Repair - 2008 / 2009
Location: Miami-Dade Water 8 Sewer Department
Budget: S 2.000.000
Time period: Scheduled to complete project within half the allotted time frame.
Synopsis: ESG was contracted to clean, CCTV video, and inspect sewer tines
throughout Miami-Dade County to determine where a repair is required. The specific
repair method used under this contract is sectional lining.
Project Name: FDOT -Lake County
Project Title: Maintenance contract E5J21
Budget: S 630,000 (completed on time and under budget)
Headquarters: d SE 151 Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www.envirowastesn.com email: info@envirowastesg.com
E ~ aste
- Group. Inc.
Time period: August 2007 -March 2008
Synopsis: ESG was contracted by the FDOT to repair and maintain the storm water
system on any of the Department's rights-of-way in Lake County. The primary work
duties included CIPP repair of drainage pipes. joint repairs; sealing of drainage pipes
and structures; pressure grouting, desilting of pipes, inlets, and culverts, production of
video records and written reports. The installation of liners included sizes ranging from
15" to 36'.
• Project Name: Indian Creek Village
Project Title: Rehabilitation of Storm Sewer System
Budget: $ 330,000
Time period: July 2006 -March 2007
Synopsis: ESG was contracted by the Village to provide various storm sewer services.
The scope of services includes CIPP lining, grouting, sectional lining; storm drain
cleaning. video inspection, point repairs, repair of inlets and manholes, and site
restoration. The installation of liners included sizes ranging from 8" to 36".
• Project Name: Lighthouse Point
Project Title: Rehabilitation of Storm Sewers on 24th Street
Budget: $ 85.000
Time period:
Synopsis: ESG was subcontracted by a Prime Contractor to provide various storm
sewer services. The scope of services includes CIPP lining. storm drain cleaning, and
video inspection. The installation of liners included sizes ranging from 15" to 36".
• Project name: Sanitary Sewer Service Laterals CIPP Rehabilitation
Location: Kenneth City, FL
Budget: $ 60,000
Time period: 2006
Synopsis: ESG was contracted by the Prime Contractor to line 45 sanitary sewer
service laterals throughout areas of Kenneth City, FL.
• Project name: Sanitary Sewer Evaluation Study & Repairs
Location: Homestead Air Reserve Base, FL
Budget: 5 126,000
Time period: 2007
Synopsis: The project consisted of evaluating the sanitary sewer system by smoke
testing. followed by further evaluation by cleaning and video inspection. This resulted in
a variety of repair methods such as CIPP lining, CIPP sectional repairs, installing
cleanouts; restoration of manholes, raising chimneys, installation of new sanitary pipes.
service reinstatement. open cut point repair, chemical grouting of joints, and site
restoration,
Project name: Sanitary Sewer Evaluation Study ~ Repairs
Location: Miami International Airport, FL
Budget: $ 71.000
Time period: 2007-2008
Synopsis: The project consisted of evaluating the sanitary sewer system by cleaning
and video inspection. This resulted in a variety of repair methods such as CIPP lining,
Headquarters: 4 SE 1'` Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Da11as, TX Houston, TX
p~wv.nvircwastesu.rom " email: info@envirowastesg.corn
E ~ aste
Group. Inc. I
GIPP sectional repairs, installing cleanouts, installation of new sanitary pipes, service
reinstatement; open cut point repair, chemical grouting of joints, and site restoration.
• Owner: Broward County, FL (Water and Wastewater Services)
Project Title: Sewer Cleaning (Televising /Grouting /Video Capture
Budget: $ 672,150
Time period: August 2008 -August 2010
Scope: ESG has been contracted to provide various drainage related contracting
services for Broward County. FL, including cleaning. video inspection, chemical grouting,
and bypass pumping.
• Owner: Orange County, FL
Project Title: Stormwater System Inspection, Cleaning, Sealing, Void Detection & Void
Filling (Y8-1034-J2)
Budget: $ 2,000,002
Time period: June 2008 -June 2011
Scope: ESG has been contracted to provide various drainage related contracting
services for Orange County, FL, including cleaning, video inspection, chemical grouting,
internal joint seals, sonar inspection, ground penetrating radar, soil stabilization, injection
holes, and injection & sealing of cracks.
• Owner: Orange County, FL
Project Title: Stormwater System Inspection, Cleaning. Sealing, Void Detection & Void
Filling (Y8-1110)
Budget: $ 1,778,721
Time period: November 2008 -November 2011
Scope: ESG has been contracted to provide various drainage related contracting
services for Orange County, FL, including cleaning, video inspection, chemical grouting,
internal joint seals, sonar inspection. ground penetrating radar, soil stabilization, injection
holes, and injection & sealing of cracks.
• Project name: Citywide Storm Drain Cleaning - 2006
Location: City of Miami, FL
Budget: 5 1,900,000 (in-budget)
Time period: 3 months (within 25% of time schedule)
Synopsis: ESG was contracted to perform storm drain cleaning services of various pipe
diameters throughout the City of Miami. The project was awarded as a combination of
annual maintenance service and Hurricane Wilma emergency service.
• Project name: Countywide Storm Drain Cleaning (STDC-4) - 2007
Location: Miami-Dade County, FL
Budget: $ 1.700,000
Time period: 1 year (completed in 7 months)
Synopsis: ESG was contracted to provide maintenance services including the clean out
of existing drainage structures and associated culverts throughout Miami-Dade County.
The project's scope of work includes hydraulic cleaning and vacuum removal of all
foreign material, obstructions, debris, silt, titter. and all other associated work.
Project name: Countywide Storm Drain Cleaning (STDC-9) - 2007
Location: Miami-Dade County, FL
Headquarters: 4 SE 1s` Street, 2"° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL * Orlando, FL Dallas, TX Houston, TX
wvrh~.~nvirowastesq.com email: info~envirowastesg.com
~ ' ~ Waste
= Group, Inc.
Budget: S 1,000,000
Time period: 1 year (completed in 4 months)
Synopsis: ESG was contracted to provide maintenance services including the clean out
of existing drainage structures and associated culverts throughout Miami-Dade County.
The project's scope of work includes hydraulic cleaning and vacuum removal of all
foreign material, obstructions: debris, silt. litter, and all other associated work.
Project name: Countywide Storm Drain Cleaning (STDC-11) - 2007
Location: Miami-Dade County, FL
Budget: S 1,000,000
Time period: 1 year (completed in 4 months)
Synopsis: ESG was contracted to provide maintenance services including the clean out
of existing drainage structures and associated culverts throughout Miami-Dade County.
The project's scope of work includes hydraulic cleaning and vacuum removal of all
foreign material, obstructions. debris, silt. litter. and all other associated work.
Project name: Countywide Stonn Drain Cleaning (STDC-12) - 2007
Location: Miami-Dade County, FL
Budget: $ 1,000,000
Time period: 1 year (completed in 4 months)
Synopsis: ESG was contracted to provide maintenance services including the clean out
of existing drainage structures and associated culverts throughout Miami-Dade County.
The project's scope of work includes hydraulic cleaning and vacuum removal of all
foreign material, obstructions, debris, silt, litter. and all other associated work.
Project name: Hurricane Katrina drain cleaning - 2005
Location: Jefferson Parish, LA
Budget: $ 1,200,000 (in-budget)
Time period: 1 month (in-time)
Synopsis: ESG was contracted to perform storm drain cleaning services of various pipe
diameters throughout Jefferson Parish, LA, in response to Hurricane Katrina. ESG
mobilized a fleet of fetter/vacuum trucks within 24 hours to assist in clean-up of Parish.
• Project Name: FDOT -Broward County
Project Title: Maintenance contract E4G62
Budget:
Time period:
Synopsis: ESG was contracted by the FDOT
LIST OF MUNICIPAL CLIENTS
• Miami-Dade County DERM
• Miami-Dade County Public Works Department
• Miami-Dade Water & Sewer Department
• Florida Department of Transportation
Miami-Dade, Broward, Palm Beach, Monroe, Lake County. LaBelle
• Jefferson Parish (New Orleans -Hurricane Katrina relief efforts)
• Orleans Parish (New Orleans -Hurricane Katrina relief efforts)
• Broward County, FL
• Hillsborough County, FL
Headquarters: 4 SE 1st Street, 2nd Floor, Miami, FL 3313'1 (877} 637-9565 ' F (877) 637-9659
Offices: Miami, FL Orlando, FL ' Dallas, TX Houston, TX
~.^.~ww.envirowastes4.com email: info@envirowastesg.com
E ~ aste
Group. Inc.
Orange County, FL
City of Miami, FL
City of Orlando, FL
City of South Miami, FL
Indian Creek Village, FL
Town of Golden Beach, FL
Miami International Airport
Orlando Aviation Authority
Port of Miami
Town of Miami-Lakes, FL
Town of Jupiter, FL
City of Parkland, FL
Village of Pinecrest, FL
City of North Lauderdale, FL
City of Coral Springs. FL
City of Aventura, FL
City of North Miami Beach, FL
Village of Palmetto Bay, FL
City of Doral, FL
City of Miami Beach, FL
City of North Lauderdale. FL
City of Sweetwater, FL
City of Miramar, FL
City of Dallas. TX
City of Houston, TX
City of Carrolton, TX
REFERENCES
• Miami Dade County Public Works -Mercedes Barrera - (786) 256-2625
• Miami Dade County WB~SD - Dalia Abrahante - (786) 552-8233
• Indian Creek Village -Sam Kissinger
• FDOT (Broward) -Brenda Morgan - (954) 776-4300
• FDOT (Miami-Dade) -Mary Lou Karner - (305) 256-6330
• FDOT (Labelle) -John Anderson - (863) 673-4054
• FDOT (Lake County) -Frank Kelch - (352) 326-7716
• City of Miami - Elyrosa Estevez - (305) 416-1200
• City of Parkland -Robert Madoo - (954) 753-8618
• City of North Lauderdale -Glenn Ray - (954) 7247070
• Town of Golden Beach -Alexander Diaz - (305) 932-0744
• City of Aventura -Anthony Milhako - (305} 466-8927
• City of Dallas, TX -Johnny Patton - (972) 670-8042
MISC
In addition to the aforementioned information, ESG has been listed recently in Hispanic
Business magazine as "One of the 500 Largest" Hispanic companies in the U.S., by Hispanic
Business as one of the "Fastest Growing 100 Hispanic Companies' in the US, by Inc. magazine
Headquarters: 4 SE 1~` Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F {877) 637-9658
Offices: Miami, FL " Orlando, FL ~ Dallas, TX Houston, TX
www.envirowastesq.com email: info@envirowastesg.com
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- Group: Inc.
as one of the "100 Fastest Growing Inner City Companies" in the US and by Inc. as one of the
5000 Fastest Growing Private Businesses in the US.
Headquarters: 4 SE 1" Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
wwti~.envirowastesg.com email: info@envirowastesg.com
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Group, Inc.
STAFFING PLAN
EnviroWaste Services Group (ESG) has assembled a professionally competent staff for
the City of Miami Beach that is designed to address the City's needs. The goal for the
team is to develop a partnership with the different user departments at the City of Miami
Beach for the projects. At the forefront of this project is Mr. B. Rafael Barba, GC, CEO /
President and principal owner of EnviroWaste. Mr. Barba has over 40 years of
professional experience in the construction industry and will act as the Project Manager
and primary contact for this project. Mr. Barba takes a personal approach with projects
of this magnitude to ensure that the transition from estimate to job completion is carried
out with the most efficiency and highest quality.
The EnviroWaste team that will be dedicated to this project has extensive experience
working for the City of Miami Beach and in Horizontal Construction. Aside from the
Project Manager, Mr. Barba, there are a total of four departments that will be
responsible for executing various stages of the projects assigned by the City of Miami
Beach:
• Project Development
• Construction Operations
• Quality Control
• Administration
The first phase of each project will be carried out by the Project Development
department, spearheaded by Mr Julio Fojon, MS, Principal /Owner for EnviroWaste.
This team, along with the overall Project Manager, will attend joint scope meetings with
the City's respective user departments to understand the details of said project. It is this
department's primary task to understand the scope of work being requested, create the
price proposal for the work order, coordinate with the appropriate subcontractors, attend
price proposal review meetings, and ultimately finalize an acceptable price proposal
with the user department. This staff will work diligently to ensure the timeliness of this
process to meet the City expedited needs.
Upon acceptance of a proposal, it is the Construction Operations responsibility to carry
out the proposed project with the highest quality and within the time schedule proposed.
Mr. Eddy Barba, MBA, is the COO of the company and will, along with the Project
Manager, coordinate amongst his Construction Superintendents to assign the
appropriate team members to the requested task. EnviroWaste's staff of experienced
professionals has a long history of working within the South Florida community and
specifically for the City of Miami Beach. EnviroWaste traditionally self performs
approximately 90 percent of the work issued to them with its vast team of experienced
construction professionals. EnviroWaste is prepared to mobilize quickly upon award of
a project and will work closely with the City's staff to ensure the project is progressing in
the direction the City expects.
Headquarters: 4 SE 1" Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www.en:^ro~.vastesca.cum email: info@envirowastesg.com
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Group, Inc.
The third department that EnviroWaste has assigned to this project is for Quality Control
with its own In-House force. It is this department's responsibility to act internally to
ensure compliance and excellence for areas such as:
• Safety
• Contract Compliance
• Maintenance of Traffic
• Punch list execution
Reoccurring work
The final staffing department for this project is Administration. The department's goals
are to ensure that the invoicing is prepared in a timely manner, that the format is
prepared correctly, and that the contract is being executed in accordance with the
guidelines set forth.
Headquarters: 4 SE 1s` Street, 2"d Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www_.e ~rv;r~~.vastesg .com email: info@envirowastesg.com
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B. RAFAEL BARBA, GC, PG
President -EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Mr Barba is the founder and current CEO /President of EnviroWaste Services Group,
Inc. He oversees the overall direction of the company and is the General Contractor
responsible for licensing the firm. Mr. Barba is also a Professional Geologist, licensed in
Florida and Alabama State Boards.
EnviroWaste was incorporated in February of 1998, by Mr. Barba, when he realized the
need to integrate wastewater infrastructure and environmental contracting needs with
engineering firms. As a result, EnviroWaste was founded and has quickly become one
of the largest sewer cleaning maintenance contractors in the Country.
Previous experience includes the position of Regional Hydrogeologist for Groundwater
Technology, Inc. (GTI). His duties were training and advancement of new technologies
for the eleven offices in the region, project review. standardization of reports, P.G.
certification, and project management of large and complex jobs. Mr. Barba was also a
member of several techmincal committees and provided technical guidance to several of
the GTI international offices.
Prior to joining GTI, Mr. Barba was Manager of the Consulting Department for
Enviropact, a national environmental consulting firm, supervising a staff of over twenty
professionals and technicians. His responsibilities included organization and review of
projects, meeting with State Regulators on behalf of the clients to discuss the technical
aspects and regulations affecting the project, and public presentations in meetings,
seminars and television shows to educate the general public about environmental
regulations.
Previous experience included work in the oil industry and civil engineering. During his
years with the oil industry, he worked for three major oil companies: Gulf Oil, Chevron,
and Exxon Latin America, in the production and exploration department. He evaluated
and recommended drilling of over thirty-one oil and gas wells with an average cost of
one million dollars each. His civil engineering duties included supervision and design of
landfills, interpretation of aerial photographs, calculation of excavation and fill material
for highway design, preparation of surveyor's plats for subdivisions and land
planninglsurveying.
PROJECT EXPERIENCE
Mr. Barba has been in the engineering /environmental industry far over 40 years.
Throughout his years in the industry, he has been involved in some of the largest
projects in the Country involving disaster recovery, storm drain cleaning, environmental
cleanups, and remediation of sites.
Mr. Barba has performed and reviewed over two hundred contamination assessments
and remedial systems in over a dozen states, as well as Puerto Rico. Sites included
Headquarters: 4 SE 1~` Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
-wra.envirowastesq m. email: info(~envirowastesg.com
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underground storage tanks. industrial sites, and four Superfund sites. The design of
some remedial systems included new technologies such as vacuum extraction, sparger
units, and bioremediation.
He was the project manager for the largest contamination assessment report ever done
in Florida and one of the more complex projects in the United States. The site is located
in Port Everglades, FL, the nation's second largest petroleum storage facility. The
assessment was conducted to determine the nature and extent of soil and groundwater
contamination within 2,100 acres at the Port. It required the installation of 603 soil
borings and 384 monitoring wells in forty-four study areas to delineate thirty-two plumes.
The report, containing 8 volumes and sixty-four maps, was completed in only seven
months
EDUCATION
B. S., Earth Science, Florida International University- 1978
A.S.. Civil Engineering, Miami Dade Community College - 1974
SPECIAL QUALIFICATIONS
Registrations:
State of Florida Certrfied General Contractor, # 1507453
State of Florida Professional Geologist, # 168
State of Alabama Professional Geologist, # 935
National Association of Environmental Professionals #04464
Publications:
"PEECO: Assessment of a Complex Site'
Environmental Site Assessments Conference. National Groundwater Association
Orlando. FL, 1992
"Remedial Technologies, Procedures and Applications"
Environmental Seminar, City of Hialeah, FL. 1990
Headquarters: 4 SE 1~` Street, 2nQ Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www.envirowastesn.com email: info@envirowastesg.com
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- Grour. Inc.
ED J. BARBA, MBA
_ COO i Vice President - EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Manage daily operations of infrastructure rehabilitation department.
• Miami Dade County Public Works
• City of Miami
• Florida Department of Transportation District I, IV, V, VI
• Town of Miami Lakes
• Town of Cutler Bay
• Orange County
• City of Miami Beach
• Supervise forty field employees
• Chief Estimator
• Coordinate the purchasing and financing of heavy machinery
• Hiring of employees
Past projects managed under my control:
Miami Dade county - DERM 629526 and 629528 - $ 2.025.000 each
• Implemented incentive plans so as to increase productivity 35%
• Designed special containers to reduce landfill costs by 20%
• Schedule work so as to finish contract with six crews
Town of Miami Lakes - $ 1,000,000
• Devise work schedule with city so as to clean the entire city every three
years
• Repaired drains which would have been replaced saving hundreds of
thousands
• Worked closely with public works director to GIS map the city's drains
City of Miami - $ 2,500,000
• Set City on a four year maintenance plan
• Coordinate with police department to provide protection while working in
inner city
• After 2005 hurricane season. 25% of the city was cleaned in two months
by running 9 crews simultaneously
FDOT Miami H-6065 Emergency Cleanup - $ 1,000.000
• In order for the State to be eligible for FEMA reimbursement, the entire
budget must have been completed by March 30, trucks were pulled from
other contracts in order to use the budget within 7 weeks
FDOT Broward County - $ 800,000
• Coordinate weekly MOT plans while working along I-95
Implemented a new process to clean 2,800' of 60' drainage pipe
Headquarters: 4 SE 1~` Street, 2rttl Floor, Miami, FL 33131 (877) 637-9665 F (877) 637.9659
Offices: Miami, FL Orlando, FL " Dallas, TX Houston, TX
w~,vy:,e-r_ir ~wastesq con; email: info@envirowastesg.com
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New Orleans, Jefferson Parrish $1.400,000
• Schedule housing, food, disposal sites, transportation in Post Katrina
New Orleans
• Our fleet of five trucks outperformed any other competitor working in New
Orleans
• Cleaned over 300,000' of storm sewer in just over 5 weeks
EDUCATION
Masters in Business Administration, University of Miami - 2003
Bachelor of Finance, Florida International University - 2001
Headquarters: 4 SE 1s` Street, 2ntl Floor, Miami, FL 33131 (877) 637-9665 F (877j 637.9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
b'lYlJ~LBII',IIrO VJgSfBS(~Of`l " email: info@envirowastesg.com
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Group. Inc.
JULIO A. FOJON, MS, CCIE, CCVP
Director /CIO - EnvirolNaste Services Group, Inc.
PROFESSIONAL PROFILE
Mr. Fojon is currently the CIO /Director of EnviroWaste Services Group, Inc. He
oversees the overall direction of the company's sales and technology.
Previous technical experience includes the position of AVP/Technical Services Director
with City National Bank of Florida. During his 20 year tenure with City National bank of
Florida, his duties consisted of reviewing contracts. recommending vendors, approving
and recommendation of emerging technologies. Mr. Fojon managed a budget of 2
million dollars and managed a staff of ten.
Mr. Fojon also served as a municipal commissioner in Miami-Dade County for over 4
years. During that time Mr. Fojon mobilized emergency operations during Dade County's
biggest rain event. It was then that Mr. Fojon realized the need to have contractors
under contract for emergency related events.
Mr, Fojon also served as a Board of Directors of the Miami-Dade County league of cities,
Board of Director for the Northwest Chamber of Commerce and Board Member for the
Peoples Transportation Tax Plan
PROJECT EXPERIENCE
Mr. Fojon has been in the Technical arena for over 20 years. Throughout his years in the
industry, he has been involved in some of the Largest most innovative projects in the
Banking industry.
He has been involved in over three hundred banking and municipal govemment projects.
He has worked on VOIP convergence and overseas video conference projects. On the
government side, he oversaw one of Dade County's biggest rain events and coordinated
contractors for emergency performance response.
Mr. Fojon was chosen as South Florida's new Establishment in 2008. This publication
describes South Florida's various industry leaders. He was chosen out of 400 industry
leaders in the banking technology field. Mr. Fojon is also 1 of 1200 certified Cisco CCIE
professionals nation-wide and is also a certified Nortel Networks design engineer.
EDUCATION
MS, University of Miami - 2003
MCSE, University of Miami - 2003
BS, Florida International University - 1992
Headquarters: 4 SE 1" Street, 2"" Floor, Miami, FL 33131 ` (877) 637-9665 ` F (877) 637-9659
Offices: Miami, FL ` Orlando. FL Dallas, TX Houston, TX
'w_w.em::rowastssn.core email: info@envirowastesg.com
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Group, Inc.
SPECIAL QUALIFICATIONS
Registrations:
CCIE Cisco Systems
CCVP Cisco Systems
MCSE Microsoft System
NCDE Nortel Systems
Digital Business Systems Sun Solaris Administration
University of Miami Novel Certified Engineer
Martin Technical College Advanced Micro Computer repair
Publications:
"South Florida New Establishment 2008'
Headquarters: 4 SE 1"Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877j 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
wwvr.envirowastesa.com email: infor7aenvirowastesg.com
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- _ Group. Inc.
JOEFERRE
Chief Estimator, Vice President - EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Twenty-two years of progressive experience in sales and operations in construction
contracting. Ten years Experience in project estimating, bidding, project set up,
scheduling, contract document review, permitting, contracting, safety for CIPP,
Deformed Pipe, Sectional Point Repairs, Lateral Lining, Pipe and Service Lateral
Grouting and Open Cut Pipeline Installations.
PROJECT EXPERIENCE
Orange County Y8-123-J2 Annual Storm water System Inspection, Cleaning,
Sealing Void $ Detection & Filling $ 4,111,000
City of Punta Gorda -Annual Grouting Contract
City of Orlando Smoke Testing, and Sectional Point Repair - $ 400,000
FDOT -District 5 E5J21 Stonn Sewer Inspection and Repair - $ 350:000
Indian Creek Village Storm Sewer Inspection and Rehabilitation - S 390,000
InsituformTechnologies, Inc. -CCTV Inspection subcontracting: City of Miami
Storm, Pompano Beach Storm Sewer. City of Fort Lauderdale, City of North
Miami ,City of Clearwater, City of Tampa
Miami Dade WASD S-803 - 2 Year Sectional Lining Repair $ 2,000.000
Miami Dade WASD S-793 Countywide One-Year Contract
Removal/Replacement and Rehabilitation of Sewer Laterals $ 450,000
Miami Dade WASD S-782, Countywide Two-Year Contract For Inspection and
Testing of Sanitary Sewer Laterals $ 3,300,000 contract Kenneth City
Rehabilitation of Sewer District No. 14 - 45 CIPP Lateral Repairs -
Bay Harbor Islands - Repair to Sewer Service Connections -Contract to CCTV
253 Sanitary Sewer Laterals
Miami Dade S -770 MH to MH (CIPP) - $ 4.600:000
Miami Dade S- 768 Sectional Point Repairs - $1,562.000
Miami Dade S - 759 Large Diameter Cleaning - $ 1,177,000
City of Holly Hill -MH to MH CIPP $ 803,000
City of Port Orange -MH to MH CIPP $ 697,000
Miami Dade S-760 MH to MH (Fold & Form) $ 5,000,000 contract (Managed
EPA 2000 Consent Decree, Project required as many as 5 CIPP Main Line
Crews for 3 months, 35,000 LF /month)
Miami Dade S 756 MH to MH (CIPP) $ 3,000,000 contract(EPA 2000 Consent
Decree)
Town of Palm Beach, FL MH to MH (CIPP) - $ 1,000,000 Contract
City of North Miami, FL MH to MH (CIPP) $ 850,000 Contract
City of West Palm Beach, FL MH to MH (CIPP) Annual Contract
Long Boat Key,FL- 150 CIPP Lateral Repairs-Annual Contract
Seacoast Utilities - MH to MH (CIPP) & 80CIPP Lateral Repairs
City of Fort Lauderdale:FL - MH to MH (CIPP) - $ 2,000,000
Headquarters: 4 SE 1"' Street, 2ntl Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www.emiro~a~aste sq.com email: info@envirowastesg-com
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GrOUp, 1nC~
City of Hallandale,FL - MH to MH (CIPP) & 150 CIPP Lateral Repairs
City of Delray Beach,FL - MH to MH CIPP & 80 CIPP Lateral Repairs
City of Pompano Beach,FL - MH to MH( CIPP) & Sanitary Sewer Repairs
Orange County,FL -Manhole Replacement
City of Lakeland, FL - MH to MH(CIPP}
City of Sanford,FL - MH to MH(CIPP)
City of Brandon, FL - MH to MH (CIPP)
City of Bradenton, FL MH to MH (CIPP)
City of Tampa, FL - 14 Street Project - MH to MH (CIPP)
City of Sarasota, FL MH to MH (CIPP)
Osceola County, FL MH to MH (CIPP)
EDUCATION
• GEORGIA INSTITUTE OF TECHNOLOGY, Atlanta, GA
Master of Architecture, 1986 (37 graduate credits in Civil Engineering)
• UNIVERSITY OF MIAMI, Coral Gables, FL
Bachelor of Arts. 1982. Architectural Engineering Minor
Headquarters: 4 SE 1" Street, 2"° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
.a~.vw.envirowastesa.com email: info@envirowastesg.com
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Group. Inc. i
RALPH A. BARBA, MBA
CFO -EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Mr Barba is the current CFO of EnviroWaste Services Group, Inc. He oversees the
overall financial aspects of the company.
PREVIOUS EXPERIENCE
Oversee total operations of newly purchased wholesale manufacturing firm in
Miami. FL
Preparation of ad hoc reports, annual budget, end of year financial statements,
inventory procurement
Customer interface for purpose of product development /brand development
Implemented cost efficiencies which resulted in overall cost reduction of 20%
Responsible for providing sales financial analysis to corporate executive
management and regional senior level management
Strategic planning for implementation of sales and promotional activity
Trade promotion analysis (pre and post) including break-even and profitability of
promotion
Annual sales plan development with VP of Sales, Regional Managers, and
Account Executives including volume/return goals. field selling, productivity,
discretionary spending, etc.
Business forecasting /strategic initiatives
Supervise the general accounting and payroll staff
Supervise the monthly close. including profit transfer and financial reporting
Ensure controls are in place to meet company policy and GAAP standards
Market area leader in educating personnel on procedures, policy, compliance
and controls
Coordinate monthly, quarterly and annual reporting to meet market area,
corporate, and government requirements
Prepare annual tax packages
Enhance market area cost controls through reporting and initiatives
Coordinate activities with external and intemal auditors
Ensure the timely and insightful analysis of balance sheet accounts
Balance sheet management and analysis of over 20 accounts
Month end account reconciliation and entries
Oversee settlement process in Southeast US made up of six regions and over
700 independent and company owned routes
Trainer for Southeast US in web-based promotions software
Trainer for Southeast US in deductions management software
Preparation of internal P8L statements, Balance Sheets. pro-forma fnancials.
cash flow analysis, fiscal year budget, AIR, A/P: and full oversight of financial
activities of the firm.
Headquarters: 4 SE 1" Street, 2nd Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, 7X
www.envirowasiesc~con, email: info@envirowastesg.com
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Croup. Inc.
Responsible for Statement of Qualifications, request for proposals, public bid
procurement, minority development and certification, technical certifications, and
management information systems.
Responsible for maintaining employee records for the firm, established 401(k)
retirement plan, solicited health and dental insurance plans, firm's liaison with
payroll services firm (ADP), established firm's drug free workplace environment,
and overall human resources.
EDUCATION
MBA, University of Miami. Legal Implications - 2003
BBA, Florida International University. Finance - 1997
Headquarters: 4 SE 1'~ Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877j 637-9659
Offices: N9iami, FL Orlando, FL Dallas, TX Houston, TX
w~nnv.envirowastes .com email: info~fdenvirowastesg.com
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Group. Inc.
MIKE GARCIA
Director of Construction - EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Mr. Garcia joined ESG as Director of Construction in September of 2008 and has
worked in a number of complex public Right-of-Way projects involving sanitary and
storm drain pipe replacement. All of his projects have been delivered within contract
schedule. He oversees the overall horizontal construction end of the company as welt as
bidding for future job opportunities and meeting with public officials.
ESG has the ability to self perform all of the open cut pipe replacement work, and
generally subcontracts asphalt paving. Concrete paving is self performed.
• City of Miami Beach Horizontal JOC -Sanitary Sewer Pipe replacement and
Point Repairs - $ 150,000
• Town of Miami Lakes -Paving Drainage - $ 206,000
• North Bay Village -Drainage and Paving - & 164,000
• Tamayo Engineering - FDOT Emergency Response -Sanitary Sewer Pipe
Replacement - $ 115.000
PREVIOUS EXPERIENCE
Mr. Garcia has been in the construction arena for over 12 years. Throughout his years in
the industry, he has been involved in some of the largest homebuilding and land
development jobs throughout South Florida.
He has also been involved in three opportunities to participate in Habitat for Humanity
offering his help and experience during the development of new homes.
EDUCATION
Florida International University - 1998
Miami Dade Community College - 1996
SPECIAL QUALIFICATIONS
OSHA certified
First Aid certified
Headquarters: 4 SE 1~` Street, 2ntl Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www.envimwastesq.corn email: info@envirowastesg.com
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Group. Inc.
GONZALO BALANDRA
Regional Operations Director - EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Mr. Balandra is currently a Regional Operations Director for all projects within Miami
Dade County. He is responsible for coordinating and scheduling all operational aspects
of projects including material procurement, hiring. training and managing employees.
Mr. Balandra directly works with clients to provide performance status assuring all
contractual obligations are being met. He joined Envirowaste Services Group in 2D06 to
oversee a $3 million lateral testing and lining contract for Miami Dade County. He was
also directly in charge of overseeing a $2 million sectional liner contract where over
1.300 sectionals were installed with no failures by multiple crews. He also directly
managed the projects listed below.
• Miami International Airport -Cleaning, Inspection and Repair of Sanitary
Sewer - $ 71,000
• Homestead Air Reserve Base - Sanitary Sewer Evaluation Study and
Repairs - S 126,000
• City of Punta Gorda -Annual Grouting Contract - $ 60,000
• Ciry of Orlando Smoke Testing, and Sectional Point Repair - $ 400,000
Annual
• FDOT -District 5 E5J21 Storm Sewer Inspection and Repair - $ 670,000
• Indian Creek Village Storm Sewer Inspection and Rehabilitation - $ 390,000
• InsituformTechnologies. Inc. - CCN Inspection subcontracting: City of
Miami Storm Capital Improvements, Pompano Beach Storm Sewer, City of
Fort Lauderdale, City of North Miami ,City of Clearwater, City of Tampa
$800.000
• Miami Dade WASD 5-793 Countywide One-Year Contract
Removal/Replacement and Rehabilitation of Sanitary Sewer Laterals -
$450,000
EDUCATION
-MBA Florida International University- 2009
-Florida International University - lggg
Degree in Business Administration.
Finance and Marketing Majors
CERTIFICATIONS
- Nassco PACP Certified
- OSHA Certified
Headquarters: 4 SE 152 Street, 2n° Floor, Miami, FL 33131 (g77) 637-9665 ' F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www.ervirowasteso.com email: info@envirowastesg.com
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Group. Inc.
GUY E. CARR, JR., PMP
Regional Operations Director -EnviroWaste Services Group, Inc
PROFESSIONAL PROFILE
Mr. Carr is currently a Regional Operations Director for central Florida and all areas
south to and including Broward County for EnviroWaste Services Group, Inc. He
oversees the overall direction of the company's operations and technology for those
specified areas. He is also responsible for the training of field personnel in safety
procedures.
PROJECT EXPERIENCE
Previous experience includes the position of Superintendent of the Florida division for a
national sewer contractor. His duties consisted of coordinating ail CCTV crews, training,
and operations. He handled all aspects of due diligence in preparation of final submitted
bids and final work orders. He procured work from major municipalities and engineering
firms throughout the state, often making presentations and recommending alternative
solutions. Mr. Can- managed a staff of eight to ten.
Mr. Carr's background started in the lining and CIP industry over 25 years ago and has
put in over one million feet of liner in the ground. He directed and has overseen lining,
wetout, digging and CCTV crews. He has also been involved in cost coding invoices,
TVI (manipulation of the data from the TV van computers) and the final submitted CD
information of the project for the client.
Mr. Carr has been very successful in negotiating work and maintaining a strong
relationship with his clients and staff. Throughout his years in the industry, he has been
involved in over 500 private and municipal government projects. He designed a process
to repair the liners once they were in the ground on a government contract in Virginia.
He has PACP experience on projects over one hundred thousand feet in St. Petersburg,
Arcadia, Gainesville, and Fort Lauderdale, Florida.
EDUCATION
University of Arkansas, Fayetteville. Arkansas 1982
Hendrix College, Conway, Arkansas 1976
SPECIAL QUALIFICATIONS
MOT certified
PACP Certified Trainer
OSHA certified
Headquarters: 4 SE 1s` Street, 2rttl Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
www.<:nviru.roastcasq.c:om email: info@envirowastesg.com
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- Group, Inc.
JEREMYREDNOUR
Regional Operations Director -EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Mr. Rednour is a Regional Operations Director for EnviroWaste Services Group, Inc. He
oversees the overall statewide operations of the company's Texas operations.
PREVIOUS EXPERIENCE
Miller Pipeline Corporation, 08/2003 to 6!2008
I have extensive experience and specialized in atl phases of pipeline
installation, rehabilitation and related services such as trench less
technology, link seals, weko seals, formed in place (EX method PVC). CIPP
cured in place pipe: pipe bursting. Job duties:
monthly/quarterly safety meetings; schedule daily/weekly work details, sub-
contractors scheduling and invoices, daily time sheets, daily expense report,
daily and weekly vehicle maintenance reports, flight and lodging
arrangements and vehicle permiis I believe the selection of proper
equipment used is key and managing a fleet of machines and equipment
capable of handling the job at hand to effectively operate within the
government rules and regulations.
City of Plano, 09198 to 0812003
Crew Leader
Lead the work activities and train labor maintenance personnel in the
construction. repair and maintenance of streets/drainage projects; such as:
streets, alleys. sidewalks, curbs, screening walls, drainage pipes, bridges,
box culverts, catch basins, and retaining walls according to city standards.
Maintain a daily work orders and ensure the work site is properly secured,
according to safety standards. Assess work areas to determine materials and
traffic control needed.
Operator and trainer with backhoe, tandem dump truck, concrete truck, roller,
grader, bobcat, bulldozer, loader, grade!!. hydra-hammer, crack sealer, jack
hammer, mortar mixer, vibratory compactor, mud jack machine, concrete
saw, pavement grinder, and all related tools.
Headquarters: 4 SE 1" Street, 2n0 Floor, Miami, FL 33131 * (877) 637-9665 * F (877) 637-9659
Offices: Miami, FL * Orlando, FL Dallas, TX Houston, TX
wv_w ~uwirowastesct.com * email: info@envirowastesg.com
~ ~ aste
Group, Inc.
CHRISTOPHER D- ORTIZ
Quality Control Director -EnviroWaste Services Group, Inc.
PROFESSIONAL PROFILE
Mr. Ortiz is currently the Quality Control Director of EnviroWaste Services Group, Inc.
He reviews and manages the final day-to-day production output for the organization.
Previous experience includes the position of VP/General Manager with General Ceramic
Tiles. During his 16 year tenure with General Ceramic Tiles, his duties consisted of
selecting new products, supervising the sales force, growing a distribution network that
covered all of Florida and parts of Georgia and Alabama, and implementing new
software to improve the flow of information and improve customer relations. During Mr.
Ortiz' tenure at General Ceramic Tiles, sales grew to 5 million a year and he managed a
staff of 20-25 employees.
Mr. Ortiz also served as the manager of the Laughlin Club of Reno. Nevada, and
directed it's Partners in Education program with the local elementary school. This
program led Mr. Ortiz to become an active member in the local community and to
coordinate efforts between the public and private sector for the benefit of the children of
the school.
PROJECT EXPERIENCE
Mr. Ortiz has been involved in management for over 15 years. Throughout his years in
management, Mr. Ortiz has worked in various industries (athletics, education, flooring,
sewer services). In all cases, he has been able to quickly identify the needs of the
organization he has worked for and has been successful in implementing methods to
resolve them.
As the Quality Control Director of the 6 million dollar City of Miami Beach project, Mr.
Ortiz worked together with Envirowaste employees and the engineers for the City of
Miami Beach to ensure that all work was performed to meet and exceed customer
expectations.
EDUCATION
BA, Franciscan University of Steubenville - 1995
SPECIAL QUALIFICATIONS
Certification:
National and State E.M.T.
Headquarters: 4 SE 1~` Street, 2n° Floor, Miami, FL 33131 (877) 637-9665 F (877) 637-9659
Offices: Miami, FL Orlando, FL Dallas, TX Houston, TX
n~ww,__nv_ro~,vasteso.com email: info@envirowastesg.com
EXHIBIT 6
PERFORMANCE BOND
This is thc.jr•o~rt page of the perli>rmance:'paymcnt bond issued in compliance with Florida
Statute Chap[er 255.05
Surety Narne: IIARTFORD FIRF. INSCR.4NCL- COVIYANY
4001NT1?RI~ATIONAI. PARK~~'AY• Sl1ITF. 425
Hli:'~1'I1K0\~%. PL 3274(
1-800-824-1732
Bond Number: 21I3CSFK2467
ContractorNamc: l:NV11tO~:4STL: SERVICES GROL~ INC
5931 5~~~ 881'I1 STREET
MIAMI. 1~L. 33156
305-637-9665
Otro•ncr Namc: CITY OF 2v1AI1`~fi REACH
1700 CONVENTION CEI\TER DLtIV1;
MIAM1 BLACH, FL 33139
Yrojeci Number: 23-08/09
PmjcctDcscription: HOKILON'I:AL CITYWIDE C'ON`STRUCTION SERVICES
Yrojcct Address: D91~1MI 13EACI1, FL.ORIL).A
legal Description ofProperty: HORVON']'AL C[7l'V,'[UL' CONS"1-KGC'11ON SEKVICL;S
This is the,Ji•ont pa~~e of the bard. 1111 ahcr pages arc subsequent regardless of the
pre-printed numbers.
ProJoet Mannar Form of Performance Bond
Bond No. 27BCSFK2467
00914 FORM OF PERFORMANCE BOND
BY THIS BOND. WQ Envirowaste Services Group, Inc. as
Principal, hereinafter called CONTRACTOR, and Hartford Fire Insurance as
Company
Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY,
in the amount of an initial Two Million Dollars ($2,000,000) for VERTICAL CITYWIDE, an
initial Two Million ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred
Thousand Dollars ($500,000) for ELECTRICAL, an initial Five Hundred Thousand Dollars
($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) For
WATERPROOFING/PAINTING, and an initial Flve Hundred Thousand Dollars (5500,000)
for ROOFING for the payment whereof CONTRACTOR and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreemenf entered into a Contract, fT6
No.: 23-08109 ,awarded the day of , 20 _~
with CITY which Contract Documents are by reference incorporated herein and made a
part hereof, and speclflcally Include provision for liquidated damages: and other damages
identified, and for the purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of Job
Order Contract IT8 23-08109 the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the
Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees
including appellate proceedings, that CITY sustains as a result o`, default by
CONTRACTOR under the Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE R
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the
Contract, CITY having performed CITY obligations thereunder, the Surety may
promptly remedy the default, or shall promptly:
March 2009 Clty of Miami Basch Page 161 of 185
Protoct Manual Form of PeAormanee Bond
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents: or
3.2. Obtain a bid or bids for completing the Project in accordance with the teens
and conditions of the Contract Documents, and upon determination by
Surety of the lowest responsible Bidder, or, if CITY elects, upon
determination by CITY and Surety jointly of the Lowest responsible Bidder,
arrange for a contract between such Bidder and CITY, and make available
as work progresses (evon though there should be a defaul! or a succession
of defaults under the Contract or Contracts of completion arranged under
this paragraph) sufficient funds to pay the cost of completion less the
balance of the Job Order Amount; but not exceeding, including other costs
and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The torm "balance of the Job Order
Amount,' as used in this paragraph, shall mean the total amount payable by
CITY to CONTRACTOR under the Contract and any amendments thereto,
less the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety horoby 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
March 2009 ~ Ctty o} Miami Boaeh Paga 182 of 16S
WITNESSES:
b ~~
{ ecretary)
{CORPORATE SEAL)
IN THE PRESENCE OF:
~.
-- .~ ~r
Lti~~~
1(y~J\
_~~ '"'~~~L~
Envirowaste Services Group, Inc.
Name of Corporation)
gym-=-- - - _ _ y
(Signature and Title)
(Type Namelritle Signed Above)
day of , 20_
INS CE COMPANY
Hart1 it Insu nc Compa y
By ,~~~
Agent and Attorney-in- -act
Michael Bonet & Florida Resident Agent
400 International Parkway, Suited25
(Address: Street)
Heathrow, FL 32746
(City/StatelZip)
Telephone No.:1-800-824-1732
March 2009 Cfty of Mfami Beach Aage 163 of 185
EXHIBIT 7
PAYMENT BOND
Proloet Manual
00915 FORM OF PAYMENT BOND
Bond No. 21 BCSFK2467
BY THIS BOND, We Envirowaste Services Group, Inc. as
Principal, hereinafter called CONTRACTOR, an~aAford Fire insurance Compar~r Surety,
are bound to the City of Miami Beach, Florida, as OtNigee, hereinafter Called CITY, in the
amount of an initial Two Million Dollars ($2.000,000) for VERTICAL CITYWIDE, an initial
Two Million Dollars ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred
Thousand Dollars ($SOD,000) for ELECTRICAL, an Initial Flve Hundred Thousand Dollars
($500,D00) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for
WATERPROOFING/PAINTING, and an initial Five Hundred Thousand Dollars ($500,000)
for ROOFING for the payment whereof CONTRACTOR and Surety bind themselves, their
heirs, executors, administrators, suxessors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.:~"OS/09 ,awarded the _day of , 20 _, with
CITY which Contract Docurnertts are by reference incorporated herein and made a part
hereof, and specifically include provision for liquidated damages, and other damages
identified, and for the purposes of this Bond are hereafter referred to as the 'Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)
for all labor, materials and supplies used directly or indirectly by CONTRACTOR in
the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING
CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and
who has not received payment for its labor, materials, or supplies shall,
within forty-five (451 days after beginning io fumish labor, materials. or
supplies for the prosecution of the work, fumish to CONTRACTOR a notico
that he intends to look to the bond for protection.
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety (90)
days after performance of the labor or after complete delivery of the
materials or supplies. deliver to CONTRACTOR and to the Surety, written
March 2009 City o/ Miamt Beach Page 164 of 185
Project Manual _ Form of Paymont Bond
notice of the pertorrnance of the labor or delivery of the materials or supplies
and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance wRh the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives rwtice of and agrees tha: any changes in or under the Contrail
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
WITNESSES
A~
(S cretary)
(CORPORATE SEAL)
Envirowaste Services Group, Inc.
Name of Corporation)
(Signature and Tille)
~rwg~do c~,rd~ uy. ccc
(Type Namefl-ilia Signed Above)
If~}~THE PRESENCE pF:
~ t j ~~~
-, i
~~ J L
INS CE COMPANY
Hartf d it Insu nc~e Comp y
Agent and Attorney-in-Fact
Michael Bonet 8 Florida Resident Agent
400 International Parkway, Suite 425
(Address: Street)
Heathrow, FL 32746
(City/StaielZip)
Telephone No.~-800-824-1732
March 2008 Clty o! Miami Beach Page 185 of 185
Direct Inquiries/Claims to:
POV~ER OF ATTORNEY X" 0
A
OMD
PO B
SYL
ENUE
3 6 O
HARTFORD. CONNECTICUT 116115
calla 888-288-3488 or lax: 860-757-5835
~ X Hartford Fire Insurance Company, a corporation duly nrganircd under the lawx of the Stale of Gomtccticut
~~~ Hartford Casualty Insurance Company, a corporation duly organised under the laws u!'Ihe $trdc of Indiana
,~ Hartford Accident and Indemnity Company, a corporauou duly m~eanized under the laws of the Slab of fonrnx:iicul
u Hartford Underwriters Insurance Company, a corporation duly oresrrized under the laws of dte State ol'Cnnnrcticul
Twin City Fire Insurance Company, a corporation duh• organized andcr the laws of the State ol'Indimia
O Hartford Insurance Company of Illinois, a urrponuion duly oruanixal andcr the laws of the State of Illinois
O Hartford Insurance Company of the Midwest, a corporation dal; organized andcr the laws of the State of Indiana
~~ HaMord Insurance Company of the Southeast, a c<rrporatiun duly nrgauized under the laaz of the State of (aorida
up to the amount of unlimitetl:
F. Berry Hayrep, David Aaron French, Robert P. Hollander. Antonio Arias, Nancyo ENen Batista. Michael A. Bonet, Michael A- Holmes
of
Miami Lakes. FL
;heir true and lawful Attomey(sj-in-Fact, each in Iheir separate capacity if more than one is named above, to sign its name as suretyQesj oNy as
delineated above by ®, antl to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, or, behalf of the Companes m their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings albwed by law.
In Witness Whereof, and as authorized by a ftesoluhon of the Board of Directors of the Companies on January 22. 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed. duly attested by its Assstant
Secretary Fanner, pursuant to Resolution of the Board o+ Directors of the Companies, the Companies hereby unambiguously affirm chat they are
and will be bound by any mechanically appliP~ signatures applied to this Povrer of Attorney.
J9nw e`t• ~ .r/ggy J `• •.wr.,..,4;'~ s r ~ ~' ~ t+r' ..a.' "' r ..rte
;4r i~rr j~ r•nr~ ~~,r97Y it ~s` 1»TY '1• _'':\I019
~ //~~ / Jr'~// jl
~/ ~_~
Paul A. Bergenhottz, Assistant Secretary M. Ross Fisher, Assrstant Vrce Presrdent
STATE Of CONNECTICUT
S5, Hartford
CUUNTY Of HARTfORO
On this 1"day of February, 2004, oetore me personally came M, Ross Fisher, to me known, who being by me duly sworn did depose antl
say. that he resides in the County of Hartford. State of Connecticut; that he is the Assistant Vice President of the Companies, the wrporations
described in and which executed the above instrument that he knows the seals of the said corporations; that the seals affixed to the said
instrumen; are such corporate seals. that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority
~~~._
Ko;a:} Pub4:
CERiffICAiE \ly .:naavn:fun hcpavs Ocioua 3:. ?C I?
I. the undersigned. Assistant Vim President of the Companies, DO HEREBY CERTIFY Ihat the above and foregoing is a true and correct
copy Ct the PUwe• 01 Attorney executed bra sale . o'rrpanies, which is still in full force effective as 0f
Signed and sealec at the City of Hartfora.
o !., 1017 ~/a/""q\~ i ~":.p,R..~: i.: i •.~'
~.! • 9 19 9 r )
w / 1 y ~ .. ~, rp ~'~. .10. ~r ~~ ~: lDT9 ~ -.` 7919
~-
.~.-y {,.L. tY~w
I
l ~.
Gary W. Stomper. Assistant Vice President
EXHIBIT 8
INSURANCE CERTIFICATE
ACORD
CERTIFICATE OF LIABILITY INSURANCE ~A~t "22°°~
;y"
„ ,
vrsooucea THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PaU! Hughes ~'O RISR 7tans}er HOICIng, InL. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER
THIS CERTIFICATE
EXTEND
S
T AMEND
,
.
DOE
NO
OR
301 East Pine Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL
O
W.
Suite 350 _
_
Orlando, Fl 32A01 INSURERS AFFORDING COVERAGE NAIC A
INSURED nLSI; RFe A. Arnerican Ilm::h lnsurnnce Company
AlphaSlalL Inc:. a2I AI; Fmp: Enwrt11^lasto SDrvlces Gtoup Ir ~.I;L;.E? p,
H00 Curpumlo Grrvc °ta fA0
=on LaudulaalD. r'L 3333a wsuac?=- --
INSevE3 : __ _
IMtiIrf4H r'.
COVERAGES
THE Pnl u: IFfi nr INSt1ftANCE LISTED BeLOY: 4AVE RFEN ISSUFO T1~'Ili INSJRE:I NAMEO AaOVE TOR THE P(lL ICY PER100INGICATED. NOTWITHSTHNUING
ANY REGUIRE`AENT, T('Rld Ult ~'JNUITION OF ANY CONTRACT OR OTHEP. DOCI. RIENT WITH RESPEC' TO WHICH THIS CER IIFICASE rAAY BE ISSt1G0 ON
h1AV PERCAIN. SHE INSEIRANCC AF PCIItUEU BY 'THE POLICIES DESCRBEU h 'EREIN f4 SUDJEC-TO ALL THE TERh1S. tXCLUSI:IKS ANL' C(INDI-IONS O% SUCH
POLICIES, AGGREGATE : ILtITti SHOWN MAY HAVE BEEN REUt.CEG BY %'AIC C L41DdS
INSk Orl'l
LTP R _TTCE9f INSURANCE POLICY NUMRER POLICY EFFECTIVE POLICY EXPIRATION -
DATE l1ILVODIYYI GATE lMWODrI1n ~IMIT$ _____
fNiNERALLIARI.ITY =wCH y'CL'RREN:= 3
DJMLt_RCIw .YNFtA. .IAFII IIY 'RELIISESi,Ee w}re~Ktl 3
!:I A116:44WE C•:CLR
_ d CUCX+fMVVIe FC2IXlf i
_
----~
_ °F RgiNH Sh]': IN1UR° S
(iErvEWU ra;GtFf3Al- 5
_ -
GFNLA(iGk6uATC LILIIT APPLICS PG"l. I
PRUDJCTS C^\If;~'Aw S
_ - -
PM:Y
rouc° r ~ Gr.
' AIRONOBiLF LIABILITY COXIUINEU SINSLE 19111
ANY AJ~O iEa aaden.;
- -
n_L CY:NCDnLTC: eornlvm!cRV
_ s:neov_enA,l-os 1'"`ry"'e"
yIRFDAUTOS
DOUILS INJLaY S
°
NnN{AVNEDmJTOS i
m si crnQ
PROPERiY JALtAGC S
'
F
/
,
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Wolf
GAIIAGE LIABILITY At,TOCNL\' CA A.^.CIDEM S
-
~AYYAUTO '' ONFR IRAN EA ACC
Alll(`CNIY AG6
E%CESSNMBNELL4 UAWUIY EACN OCCURRCVCC S
CCCU? CI AIRS SIAtI" AP6NFGwTF _
DCDb CTIBLC
RE'FNnUr. 1 ti
WOflNERS COMPENSATONANU ~( ^LS-+Tbn OTF-
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CMPLOYER9'LlAfliuiY EI FA''"wccloENt :. IJOf1,ODC
/\ Aw ~Rar-vlF-nwvtwrNFw-X=nn"L ~fyC 43-74-5:36-01 O6i01~2009 06fC112010
('FFlf.F 40AEA1NFH bXCIVUEL" I N UT.iEASt-tA eMH IIVY- 3 t,000.00C
ih.n, acsrncn~ncrc
sHFCIa=r.:T•ic;o.)vs m..^. .
~ E.L. DhEJSE v(Xlcv aria- t LOOO.U00
OIMEN
I Certificateit: 09FL53AT82216
Location Coverage Period: U6!U112U09 O6tU1 "2010
CIIDnUJ: 102090-FL
DE9CRIPlION OF UPEW TIUNSi LOCATIUNEf VEFIICLE9IE%CLUSIUNSADUEU BY ENODRSEMENTI $PECIAL PROVISIONS
PrOIBI:(. I ll.fl/.Ialilll .i1tYWIlA! fiUrltiF:!<J~1111 .i1:IVK:1!!i
P/UIULI ff I Stl Na. 194NlBB
CDVBf8G815 FTyYICK37 tJ1 C91V EnVffO'I^JdSle SL+IYICH:i vtUU(:~ IOC
tnooe emmovice= laaxr..l I'1 2911 N1^: 39th S[
hw unaWCOnpnnors c''. Miami. FI 3314?
CERTIFICATE HOLDER CANCELLATION
9NOUt0 ANY Of TNF ABOVE DEECRNSEO POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATL THEREOF, tHL ISSUING INSVRER WIL. ENUFAVOR TO MAII 3D DAYS WRITTEN
CITY ~l~ `diAMI S:_A.JHf NOTICE TG THE CERTIFICATE NDLDER NAMED TU lIIL LEI', UVI 1 W'-LIRE TO DO 50 SHALL
PROQJRE^~A[N' C:IVISI;IN
:7QU f.ONVFNTION CFN-FR C?RF IMPp9E NO OBLIGATION OR I UBIIIT' OF ANY KIND UPON THE INSURER ITS Ar.ENTS OR
hAIAlu113FAC:H FI i'3c REPNESENTAnvES.
AVf1ADRREO REPREREATATIVF _, I
,,;r,Ew-
ACORD 25 (20U1lOB)
IMPORTANT
If rho certificate horde- is an ADDITIONAL INSURED, the policyf,ies; mus! be endorsed. A statement
on the certificate does not confer rights to thr. cartifi^atc holder in heu o= sucn endnrsement(sl,
If SUBROGATION IS WAIVED, subject to the terms and rannditions of the policy. certain policies may
reyuire an endorsnmont. A statement on tnis certrfcate does no! confer rights to the certfirate
holder in linu of such endorsementlsj.
DISCLAIMER
The Certificate of Insurance on the reverse side or Ihis form Uoes not constitute 2 contract between
the issuing insurer(s), authorised representative. or producer, and the certificate hnldor, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
OP ID hfC
CERTIFICATE OF LIABILITY INSURANCE '' °°T~"""'°°iYYYYI
acoRO
I
~ ENVIR-4
07/21 09
PaDOUCEa I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORJJ7ATION
ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE I
SROWN 6 BROWN OF FLORIDA INC HOLUER. THIS CER'fIF ICA7E DOES NOT AMEND, EXTEND OR
8000 GOVERNORS SQUARE BLVD 400 I ALTER THE COVERAGE AFFORDED 81' THE POLICIES BELOW.
MIAMI LAKES FL 33016-1588 I
Phone: 305-364-7800 Faa: 305-822-5687 INSURE. RS AF-FOROING COVERAGE _a NAIL # I
msuRED ir+stlr:.. ~: ~ CHARTER oAx FIRE INS CO 25615 i
wsuRLR a ~x~,-~Ir,as r-au.~ rw cn ,:a u.rn 36161
ENVIROWASTE SERVICES GROUP INC
ATTN LEONOR SARBA IN<,IIRFn ~ :.~~n asx ~.. .-n-nceoe ~s o-. 32220
_.. -_ _
P O DOX 431494
S MIAMI FI. 33243-1494 w.,uulatr
~-~----- - ----
INEVRER E
COVERAGES
TIIE PDIiCIE9 D' IMAIWUJCI: U ~TCL ECl05V 11F\F C~EN 1 :`JFU la IHF INti1:Hbli hAMF J ANOV! !UN IR! VIII K:V MEkIUIi IN:IA;AIFD. NO°WITIiSTANIiNG
AI:V K uWREIACIfL TERM V+ GONUI nt.N uF M11' GUx"(0.n^_T O i OTIiCR PJGUfA'_NT Y/R 9 RESPECT TU WHICH T`11E CERTIFlGATC LUIY uF. W^9t1CU C1R
MAY VF.P1nN, i•IG INSURANCE /¢EUHURI: x• UIC VOLICICS JCSCRIDCD hERE W IS SL'6JEDT TU /tiL L IC TERMS, EXCLJSn~11S A60 CONIIUKiNS OF 5'.ICN
POI IflES AC.GRCGATE ~In11"9 5N0\Vk A14~ -V.V:: Dila: RGW ~[D DY =A1C CIAIAW^^.
-- -
=
'
4
POIICI'NIIMEEP
LTR NSRO IYVL OF IN9URnNC_E_
~ EiSLTEYFKFI
C
~D:.
Ek~iRGrICN
UaYE 1MIAAldVY f)aTE fAWbD~yy LIMIT9
cENLxu uA9tuTV EgcH a'cuRRENCE
-
- (11000,000
-
A X r.DMln[RCta_<_sN=xa llaxn uv DT-CO-6991N559-COF- 0907/01/09 07/01/10 DAwacl_ LoxLxo-u
rRfaslscS lGn oc:~r~o-..-~t s 300,000
aailRS r.t4Uf ~' X OCCUR MCL C%R lMry oie :nxeij
_ _ 5 S_ O_OO
_ ,_ _
~.X CONTRACTTIAL PERSOr:4Leaov lwuRY 11,0001000_
I X_ XCU LIABILITY _ suNlRnl. nt;rk.::,AIF 62,000,000
cENLq:;:;=.rcnl:.lunir:.vvurs=eR raoDUCre-cCNlrnJC'nGG 62,000,000
- ~r o-
PDI U:Y X :SGT :UC -
AUTOMDBILE LIAgiLITY
..^MIBINED SINGLS lP1i1
S SOOODOO
B X aNY <AITO iT-n10-fAT xA.40-en.-.^.0 D7/Dl/D9 D7/Dl/1D 'Cn xatlvNl
ALL OWNCDAVTOS DUGILY MJVPY 1
9GHEDVLEG AUTOS !~"°f9°yl
X HIHFSI ALCCS BODILY ItIJVRY
1
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PROPCFTY DAMm3. i
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' GARAGE lL1DILITY Alf1U GN Y. F"q AC::IVENT f
~FNYAUTO OTRfR IRAN CAAf.C i -_
ALTO ONLY. nGG 1
', 'E%GESSIUMDRELLA UA0ILITY 'ACM C!:r URgPNCE 13,000 OOD
B ~ ~X ocr.HR ucuRSS lnauE DTSM-6991N559-TIL-0 9 07/01/09 07/Ol/10 AGORe_;QE f3, 000,000
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uwnlclnu r 1
X uL-EN-ION s 10000 s
WORKERS GUMPEN5ATION qNU TORY I>\1115 EP
EMPLOYERS' LIgBILRY
LL. CAGF:.4GC1:11 N1
f
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POLLUTION POLICY CPL6670434
07/].7/(79
07/17/10
EACP LOS6 1,000,000
AGGREGATE 1.000,000
DE9CwPTION OE oPEPAnONF: t Degn:nl5: VlHICL1S f EY.CL V91UN9 ADDED DY ENDORSEMEItT a 9PELml PRO\990GN9
K10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM
CERTIFICATE HOLDER ZS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY
WHEN REQIIIRED AY WRIT^EN CONTRACT
RF.F-HORIZONTAL CITYWIDE CONSTRUCTION SERVICES ITS 220. 23-08/09
CERTIFICATE HOLDER CANCELLATION
FHOIU D ANY OP iRE ABODE DESCw NCL PDLICICS DE CANCELLED DEfoRE TIIC E%PIRAl10N
UAtL IIILRFOG,TIIE 159UINGINSURFR WII: ENDEAVOR :O MAIL 3D* JAYS WPITTFII
CITY OF MIAMI BEACH HoncE rD THE CENUEICaTE NDLDEH naMEU TO rnFI ErP. PDT rA,I VPF TO DD 9o 9NL:L
PROCUREMENT DIVISIDN IMP09E NOODLI.gT10N OPIIAPII ITV OF qRY KIIIU UVON IIIC MSUNCw I:S AGCN (S Ott
1700 CONVENTION CENTER DRIVE
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DSIAMI BEACH FL 33.38 NEP
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AU 114'PLCD P^_PNflSCNIAiP/C
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ACORI] 2g J20017Ug'I
IMPORTANT
If the certficate holder is an ADDITIONAL INSURED, the poficy(ies) cias: oe endorsed. k statement
on this certificate does not confer rights ro the certificate holder in Ireu o` such endorsementfs).
If SUBROGATION IS WAIVED, subject tc the tenors and conditions of the policy, certain policies may
require an endorsement. A statemen: on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of !nsuranco on the reverse side of this form does not constitute a contract between
the issuing insuror(s), authorized representative or producer, and the certificate holder; nor does a
affirmativey~ or negatively amend, extend or alter tae coverage afforded by the policies listed thereon.