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Bid 75-01/02 Tran Construction JOB ORDER CONTRACT CONSTRUCTION CONTRACT DOCUMENTS --L- CITY OF MIAMI BEACH, FLORIDA PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 PROJECT MANUAL TRAN CONSTRUCTION, INC. for the followino proiect: JOB ORDER CONTRACT #75.01f02-Capitallmprovement Projects CITY CLERK VOLUME I JANUARY, 2003 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ ...... Condensed Title: A Resolution to Award Contracts to Contractors for Capital Improvements, Public Works, and other Citywide Projects. Issue: Shall the City Commission Award Contracts to Contractors for Capital Improvements, Public Works, and other Citywide Projects? Item Summarv/Recommendatlon: , ~he Job Order Contracting System will enable the City to achieve its primary objective of being able to "more rapidly engage contractors" while lowering costs and strengthening internal controls. JOC does not replace any of the existing contracting systems Including program management services. JOC is just an efficient and effective tool for the City to use in accomplishing its facilities maintenance and construction program. JOC is a proven system that can offer immediate as well as long-term benefits. Individual Job Orders issued will determine the Scope of work under this Contract. Upon receipt of a Notice to Proceed, the Contractor will furnish all architectural and engineering services to support individual Job Orders, 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. The Contracts will include but not be limited to the following construction repair, renovation, or new construction projects: Public Works, Capital Improvements Projects, Facilities and Parks, Parking, and the Miami Beach Convention Center. The Public Works Department and the Capital Improvements Program (CIP) Office will administer the Contracts. RECOMMEND THAT THE CITY COMMISSION ADOPT THE RESOLUTION. Advlsorv Board Recommendation: The Finance and Citywide Projects Committee at its February 12, 2001 meeting, listened to a presentation from the Procurement Director relative to the JOC System and its benefits, and recommended that the City Administration pursue the implementation of the JOC system for timely completion of minor construction proiects. Financial Information: Funds are available from the capital improvements budget accounts allocated to City Departments and/or Divisions, subject to Office of Management and Budget review. Each contract has a maximum estimated annual value of $1 million Source of Amount Account Approved Funds: 1 N/A N/A D 2 3 4 Finance DeDI. Total . , " "Y ,,' City Clerk's Office Legislative TraCking: .. I Gus Lopez, eld. 6641 SI n-Offs: Depar1ment Director ~ T:\AGENDA\2003\mar1903\regular\SummaryJOC.doc AGENDA ITEM fl1 b- DATE 3-lq-O~ 217 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htlp:\\miamibeachft.gov COMMISSION MEMORANDUM TO: Mayor David Denner and DATE: March 19, 2003 Members of the City Commission Jorge M. Gonzalez ~. a./ City Manager F () A RESOLUTION OF MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AWARDING JOB ORDER CONTRACTS TO THE FOLLOWING CONTRACTORS PURSUANT TO INVITATION FOR BIDS ("BID") NO. 72-02/03 FOR PUBLIC WORKS PROJECTS; BID NO. 73-02103 FOR CITYWIDE CONSTRUCTION PROJECTS; AND BID NO. 75-02103 FOR CAPITAL IMPROVEMENTS PROJECTS: 1) HA CONTRACTING; 2) F & L CONSTRUCTION; 3) CARIVON CONSTRUCTION; 4) TRAN CONSTRUCTION; 5) GRACE & NAEEM UDDIN, INC.; AND 6) TROPEX CONSTRUCTION, AT AN ESTIMATED ANNUAL RANGE FROM $50,000 TO $1,000,000 PER CONTRACT BASED ON PERFORMANCE, WHEREBY FUNDS HAVE BEEN APPROPRIATED BY THE CITY COMMISSION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL CONTRACTUAL AGREEMENTS THERETO. FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING AND AMOUNT Funds are available from the capital improvements budget accounts allocated to City Departments and/or Divisions, subject to Office of Management and Budget review. Each contract has a maximum estimated annual value of $1 million. ANALYSIS The Mayor and City Commission at its December 20, 2000 meeting, referred to the Finance and Citywide Projects Committee - Job Order Contracting (JOC) System for Achieving Timely and Cost Effective Procurement of Maintenance and Construction Services for Capital Projects. The Finance and Citywide Projects Committee at its February 12, 2001 meeting, listened to a presentation from the Procurement Director relative to the JOC System and its benefits, and recommended that the City Administration pursue the implementation of the JOC system for timely completion of minor construction projects. On February 21, 2001, Commissioner Simon Cruz provided the City Commission with a verbal report relative to the Finance and Citywide Projects Committee's recommendation as stated above. 218 Job Order Contracting March 19,2003 Page 2 of8 On July 18,2001, the Mayor and City Commission adopted Resolution No. 2001-24524, which authorized the issuance of a Request for Proposals (RFP) for the establishment of a Job Order Contracting (JOC) System for Achieving Timely and Cost Effective Procurement of Maintenance and Construction Services for Capital Projects. On April 10, 2002, the Mayor and City Commission adopted Resolution No. 2002- 24818, which authorized the Administration to enter into negotiations with The Gordian Group. On July 10, 2002, the Mayor and City Commission adopted Resolution No. 2002-24914, which authorized the Mayor and City Clerk to execute an agreement with The Gordian Group for the establishment of the JOC system. BID PROCESS A mandatory pre-bid conference was held on January 14, 2003. The pre-bid Conference was held for the purpose of discussing the JOC concept and the Contract Documents, the City's construction program, and bid considerations. Bidders had to be represented by a person that would be directly involved in preparing the JOC bid and responsible for executing the construction work. A total of 18 bidders attended the pre- bid conference. General guidance was given to all potential bidders during the pre-bid conference that the City cannot give any specific information regarding individual projects or types of projects. No commitment is made with regard to which specific tasks will be used or in what quantities. Intending bidders were required to submit a "bid" on all work contained in the unit price book by quoting a single adjustment factor that would be applied for work accomplished during normal working hours and a single adjustment factor for work to be accomplished during other than normal working hours. These two adjustment factors represent the contractor's only adjustment to the prices published in the unit price book and must include all indirect cost such as overhead, profit, bonds, insurance, design and contingency costs. For example, an adjustment factor of 25% would be bid as 1.25. During the execution of the contract the unit price of a specific construction task is multiplied by the appropriate adjustment factor to obtain the final price to be paid for the specific task. JOC represents a competitively bid, firm fixed price contract since all the prices and the adjustment factors are established before the contract is awarded. 219 Job Order Contracting March 19, 2003 Page 3 of8 All bidders were provided with a Bid package that consisted of the following three major documents: . A location specific Unit Price Book containing over 140,000 construction tasks. Each task contains a task description, unit of measurement, and a unit price. Each unit price contains locally developed direct costs for material, equipment, and labor. The construction tasks encompass all aspects of construction work. . A set of detailed technical specifications for each of the 140,000 construction tasks. The specification set incorporates the City's own specifications. . The legal terms and conditions that contain the specific contract language concerning the execution of the contract. BID RESUL TS/DETERMINATION OF AWARD On January 28, 2003, the City received 10 bids for the Citywide JOC Contract (#73- 01/02). And on January 30, 2003, the City received 8 bids for Public Works Contract (#72-01/02), and 9 bids for the CIP JOC Contract (#75-01/02). The results are attached. The recommended contractors were selected based on the following evaluation criteria which was incorporated into all three Invitation for Bids: a. Factor Weights for Determining the Low Bid Only: -Type of Work Non Davis Bacon -- 90% -Type of Work 10avis Bacon -10% -Normal Working Hours - 90% -Other Than Normal Hours - 10% -Architectural and Engineering Services - 30% b. The ability, capacity and skill of the bidder to perform the contract. c. Whether the bidder performed satisfactory on contracts within the time specified, without delay or interference. d. The character, integrity, reputation, judgment, experience and efficiency of the bidder. e. The quality of performance of previous contracts. f. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. Bids were considered only from firms 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. I Davis Bacon will be required to be paid only on projects funded with Federal dollars. 220 Job Order Contracting March 19,2003 Page 4 of8 In determining a Bidder's responsibility and ability to perform the Contract, City investigated and requested information conceming 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 claimsl1itigation history of the Bidder. Scope of Work: Individual Job Orders issued will determine the Scope of work under this Contract. Upon receipt of a Notice to Proceed, the Contractor will furnish all architectural and engineering services to support individual Job Orders, 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. The Contracts will include but not be limited to the following construction repair, renovation, or new construction projects: Public Works, Capital Improvements Projects, Facilities and Parks, Parking, and the Miami Beach Convention Center. The Public Works Department and the Capital Improvements Program (CIP) Office will administer the Contracts. Evaluation: The contractor will be evaluated on each Job Order. Results of the evaluation will impact the issuance of future Job Orders. Contract Price: The Contract Price is to include the fumishing of all labor, materials, equipment including tools, services, obtaining permits, applicable taxes, overhead, architectural and engineering 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 Pre-priced item and the procedure for ordering these tasks are outlined in Article 12 of the JOC Supplemental Conditions. Whv JOC? Traditional System can be Too Slow and Costly . Can take 6-18 Months from Project Identification to Award of Contract . Process has Become Time Consuming and Costly for the small to medium size projects . Structure Routinely Results in Adversarial Relationship Between The City and Contractor 221 Job Order Contracting March 19,2003 Page 5 of8 Job Order Contracting Concept Offers a Cost Effective Alternative to the Traditional System . Faster Response - Approx. 30-45 Days from Project Identification to Notice to Proceed . Well Defined Goal Oriented Administration . Based upon a Partnership Between Miami Beach and JOC Contractors Lower Costs · Actual Cost of Construction - Contractor bids $3 Million Contract - Not a $25,000 project - Greater Maximum Value=Lower Adjustment Factors=Greater Savings . Lower Procurement and Administrative Costs - JOC Eliminates the Need to Use the Full Procurement Cycle for Small Projects . No need to pay for advertisements & reproduction of documents · Fewer Change Orders and Claims - Joint Scoping Process Eliminates Misunderstandings About Scope _ Contractor Develops the Cost Proposal - Responsible for Errors and Omissions - Reduction of ArchitecUEngineer Fees Greater Participation . JOC Increases the Number of Opportunities for Small, Local & Emerging Businesses No Pre-established quantities inhibits trade staffing by Prime Contractor _ Responsiveness forces Prime Contractor to use multiple local subcontractors . Review & Approval of Sub-Contractor Plan Prior to Issuance of Each Job Order Ensures Compliance with Expectations . Advantages for Small & Emerging Business Contractors Expanded business opportunities No bonding requirement for the sub-contractor Fast Payment Less Red Tape Why JOe works: Joe Is A Series Of Individual Small Projects . Contractor Is Guaranteed Only a Small Minimum Amount of Work . Potential Exists for Large Maximum Amount of Work Contractor Has A Continuing Financial Incentive To ProvIde: . Responsive Services . Quality Work 222 Job Order Contracting March 19, 2003 Page 6 of8 Future Job Orders Tied to Contractor Performance . No Obligation To Give A Specific Project To JOC Contractor . Additional JOC's May Be Awarded If the City is Not Satisfied With Contractor Performance . JOC Does Not Replace Traditional Methods For Accomplishing Work How Does It Work? The Job Order Contract is a specially designed indefinite quantity contract that is awarded on a periodic basis to one or more contractors. Each JOC is competitively procured using either a sealed bid or a request for proposal and has a pre-established minimum and maximum dollar amount. Work is accomplished by the issuance of a series of individual work orders to the contractor. This continuing incentive allows the contractor to be continually rewarded for providing quality and responsive work. The actual JOC execution process begins with joint review of the scope of work between the City and the contractor. This review will include an on-site inspection. After the scoping conference the City provides the contractor with a formal scope of work. The level of detail and design included in the scope of work is a function of the difficulty of that particular project. The contractor breaks the scope of work down into individual tasks and prepares his pricing proposal using the unit price data contained in the unit price book. The total price is achieved by multiplying the specific construction task by the appropriate quantities for that task and then multiplying by the adjustment factor. As part of the pricing proposal, the contractor also develops a schedule and assembles any technical data requested by the City. The proposal is then evaluated against the City's in-house estimate and any differences in scope or quantities are verified. If the City is satisfied that the contractor's proposal represents a fair and reasonable price for the work, then a firm fIXed priced. lump sum work order can be issued to the contractor. This work order is the contractor's notice to proceed. Inspection and acceptance of work are accomplished in the normal fashion. JOC Program Structure: . Work Can be Assigned Anywhere in the City and by any Department . Goal is to assign projects based on the Department assigned to each contract and the performance demonstrated by the contractor JOC Execution Process: Joint Scope- Develop Scope of Work -(Miami Beach & Contractor In the Field) 'Request for Proposal 223 Job Order Contracting March 19,2003 Page 7of8 Contractor Develops Proposal -Selects Tasks and Estimates Quantities -Some projects Prepares Drawings/Plans -Develops Schedule & Subcontractor Plan (Including Subcontractor Info) -Submittal Information-Technical Information Contractor's Proposal Reviewed & Approved Miami Beach Issues Lump Sum Job Order Expectations of the JOC Contractors: To be Successful, a JOC Contractor Must: -Demonstrate Technical Qualifications -Submit Lowest Cost Proposals Provide the City with a Responsive and Experienced Management Team That is Capable of: -Preparing and Executing Multiple Projects at Multiple Locations Simultaneously -Delivering High Quality Work in a Timely Manner -Managing a Large Number of Subcontractors -Maintaining a .Can Do" Partnership Attitude -Providing on-site Supervision to Subcontractors Financial Resources to Undertake the Projected Level of Work: -Underwrite Mobilization Costs -Assist Small Subcontractors with Paperwork and Material Expenses -Long Lead Time Before a Positive Cash Flow (Minimum of 75 Days) JOC Contractors Should Expect To: Provide Architectural/Engineering Services on some Projects-For Some Projects Miami Beach May Provide Drawings -For Other Projects Miami Beach Will Provide Partially Developed Drawings or Will Provide No Drawings at All -Examples of Architectural/Engineering Include, but Are Not Limited To: Stamped and Sealed Drawings, Sketches, Calculations, Landscape Plans, Interior Design, Restroom Layout, Irrigation Plans, Utility layouts, Working Documents, Shop Drawings, And Specifications, and "As Built" Drawings as Required By State and Local Law. Be Knowledgeable in Computer Operations -Electronic Transfer of Data and Drawings Receive No Change Orders -Changes Minimized by Joint Scoping, Proposal Review and Lump Sum Nature of Job Order -Changes for Unforeseen or Hidden Conditions, if any, Embodied in New Job Orders at Pre-established Unit Prices 224 Job Order Contracting March 19,2003 Page 8 of8 Adjustment Factors Include Every thing I -Overhead, Profit, Bonds, Insurance -Scoping, Proposal Development and Review -Mobilization, Management, Clean-up -Safety Supervision, Training -Architecture and Engineering Each contract will have an initial term equal of 12 months. Each contract will include an option for two (2) additional one-year renewals. Renewals shall be subject to prior approval of the City Manager. The Contract duration shall not exceed three (3) years. An option term may be exercised when the maximum value of $1,000,000 is achieved or the expiration of the 12 month term. CONCLUSION In summary, the Job Order Contracting System will enable the City to achieve its primary objective of being able to "more rapidly engage contractors" while lowering costs and strengthening internal controls. JOC does not replace any of the existing contracting systems including program management services. JOC is just an efficient and effective tool for the City to use in accomplishing its facilities maintenance and construction program. JOC is a proven system that can offer immediate as well as long-term benefits. The administration recommends that the Mayor and City Commission award contracts to the following contractors pursuant to Invitation for Bids No. 72-02103, 73-02103, and 75-02103: 1) HA Contracting; 2) F & I Construction; 3) Carrion Construction; 4) TRAN Construction; 5) Grace & Naeem Uddin, Inc.; and 6) TROPEX Construction, for capital improvements projects, public works projects, and other citywide projects whereby funds have been appropriated by the City Commission; and further authorizing the Mayor and City Clerk to execute all contractual agreements thereto. JMG:RCM:FB:TM:GL F:\CMGR\AGENDA\2003\mar1903\regular\JOC.Draft1.doc 225 3 . ~-1 _.ii! 3 ::l CO 3 g a", g2 cog g ~. q'" l1Ii Po 3' ce c; 8 3 3 ~ Co ~ Co ~ ~ ~ o 111 "t:I [ 3' "t:I ~ CD ::l - 0 a !!l co '"-l a> en ".. w . ..... a N -n 5' Iii' ::r :I: f ~ m 0 -l -l Ii) ~ ~ Q) ::II ~ ! a ::!. 0 g ~ g g " Z i i m g go !. ::! g >< m .. 0 ::! Z i 2 ~ I 0: ::! 0 Co !" g. ~ '" c . 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C I T Y OF M I A M I B E A C H 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us ~ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID ADDENDUM No.4 January 23, 2003 JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS and JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT and JOB ORDER CONTRACT #73.01/02 CITY WIDE is amended as follows: I. Delete any and all advertisements and Invitations to Bid, Bid Due Dates and replace with the following Bid Due Dates Below: NOTICE TO CONTRACTORS Sealed bids will be received by the CITY of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. local time for Job Order Contracts (hereinafter called JOC) according to the Bid Table below: The bid dates and contract values for the referenced Job Order Contracts are as follows: Bid Number Bid Due Minimum Maximum Maximum Contract Date Contract Contract Total Value Value ValuelTerm #71.01/02 1/30103 $50,000 $1,000,000 $3.000,000 #72.01/02 1/30/03 $50,000 $1,000,000 $3,000,000 #73.01/02 1/28/03 $50,000 $1,000,000 $3,000,000 A JOC is a competitive bid resulting in a firm fixed priced indefinite quantity construction contract pursuant to which the Bidder 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 the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, demolition and construction of infrastructure, buildings, structures, 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, labor, materials and equipment needed to perform the work including architectural and engineering services to support individual Job Orders. Each contract will have an initial term equal of 12 months. Each contract will include an option for two (2) additional Terms. Option Terms shall be subject to prior approval of the City of Miami Beach Board of Commissioners. The Contact duration shall not exceed three (3) years. An option term may be exercised when the maximum value of $1,000,000 is achieved or the expiration of the 12 month term. The Bidder for JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT must hold at the time of submitting the Bid, A valid Florida Certified General Contracting License. The work for this contract will be used primarily for site/civil/utility type projects. The Bidder for JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS and JOB ORDER CONTRACT #73.01/02 CITY WIDE must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for renovation and or repair and minor new construction type projects. If the Bidder is a joint venture, the joint venture itself will be considered a separate and distinct organization and must be in compliance with all requirements of the state statutes and the Florida Contracting licensing regulations. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal 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 mandatory Pre-Bid Conference has been scheduled for 10:00 A.M., January 14, 2003, at the First Floor Conference Room located at City Hall, 1700 Convention Center Drive, Miami Beach, FL 33139. Intending Bidders must attend a mandatory Pre-Bid Conference. The mandatory 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 must be represented by a person that will be directly involved preparing the JOe bid and responsible for executing the construction work. Any Bidder submitting a bid and who was not represented and signed in at the mandatory pre-bid conference may be deemed non-responsive. A Bid Bond will not be required for this contract. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of $1,000,000. The bid package available Monday December 30, 2002, and can be ordered or picked up at the City of Miami Beach, City Hall, Procurement Division, 1700 Convention Center Drive, Miami Beach Florida 33139. The cost for these bid documents is $100.00. Checks or money orders should be made payable to City of Miami Beach. The Bidder may also purchase the Bid Documents the day of the Prebid Conference. Bid Documents will be available on CD-ROM. The contact person for this Bid is the Procurement Director. The Procurement Director may be contacted by phone: 305-673-7490; fax: 305-673-7851; or e- mail: guslopez@cLmiami-beach.f1.us. Oral communication between a proposer, 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 10 calendar days prior to the Bid Opening. 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. 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 contract number under this solicitation on the basis of the lowest and most responsive 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 Contract Total Value, as stated above, for each contract awarded. The CITY of Miami Beach will award only one JOC contract to a single Contractor under this advertisement (I.e., no Contractor will be awarded more than one JOC contract). YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SilENCE, " IN ACCORDANCE WITH ORDINANCE 99 - 3164. 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. CITY OF MIAMI BEACH $- .-",0"/' ..G"P' ?~/-,./~ /. ,/ --- l . -,,- I., ..... Gus Lopez, CPPO Procurement Director .' C I T Y OF M I A M I B E A C H 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us ~ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID ADDENDUM No.3 January 13, 2003 JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS And JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT And JOB ORDER CONTRACT #73.01/02 CITY WIDE is amended as follows: I. INVITATION TO BID, revise the 2nd paragraph to; YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE. "IN ACCORDANCE WITH ORDINANCE 99 -3164 AS AMENDED. A COpy OF ALL WRITTEN COMMUNICATION{S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. II. INVITATION TO BID, add the following ORDIANCE NO 2002-3344; YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002- 3344. LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER AS A LOBBYIST, AND AS OF MAY 18, 2002, ACCORDING TO ORDINANCE NO. 2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE. III. Delete Artide 21 Protest Solicitation and Award and replace with the fOllowing ORDIANCE NO. 2002-3344; ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the 'City Code'); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS. it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals. Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations. to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals CRFP"). request for qualifications ("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (1) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. (b) Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to. staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. (f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement. the City Manager and the City Attorney, or their respective designees. shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager. the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suttered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. (j) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k) At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. - (I) The determination of the City ManaQer and the City Attornev with regard to all orocedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word 'ordinance' may be changed to 'section,' 'article: or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the.19.th day of Januarv. 2002. PASSED on First Reading this .1ID.b...day of December ,2001. PASSED and ADOPTED on Second Reading this ID!:l day of Januarv 2002. IV. Delete Article 7.1.1.1, 7.1.2, 7.1.3 and replace with the following; 7.1.1.1. Employers' Liability with a limit of $1,000,000 each accident. 7.1.2. Comprehensive General 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 Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 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: Bidders are required to acknowledge this addendum on the bid form or the bid may be considered non-responsive. CITY O/AMI BEACH GUS~Zo Procurement Director C I T Y OF M I A M I B E A C H 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us ~ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID ADDENDUM No.2 .January 9, 2003 JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS and JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT and JOB ORDER CONTRACT #73.01/02 CITY WIDE is amended as follows: I. Delete Bid Form 00407 and replace with the attached Bid Form 00407. II. Delete Article 14.1 a. and replace with the attached 14.1 a. III. Please acknowledge the addenda NO.2 on 00400 Bidl Tender Form in Volume I, the Project Manual. Bidders are required to acknowledge this addendum on the bid form or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez. CPPO Procurement Director ~ - Project Manual 00407 FORM OF BID BID FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBER 71.01/02 CAPITAL IMPROVEMENTS PROJECTS The bidder hereby proposes to furnish all labor, materials, equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) Une 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: (Specify to four (4) decimal places) Line 3 Normal Working Hours Construction with Architectural and Engineering Services: 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 January 2003 City of Miami Beach Page 25 ~ Project Manual - in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: (Specify to four (4) decimal places) Line 5 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) LIne 7 Other Than Normal Working Hours Construction with Architectural and Engineering Services: 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) LIne 9 Normal Working Hours Construction using Davis Bacon Wages: 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: (Specify to four (4) decimal places) P.ge 26 City of Miami Beach January 2003 ~ - Project Manual Line 11 Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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: (Specify to four (4) decimal places) line 13 Other Than Normal Working Hours Construction using Davis Bacon Wages: 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) line 15 Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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) Une 17 Combined Adjustment Factor (From Bid Form 2) (Specify to four (4) decimal places) January 2003 City of Miami Beach p"",.. ?7 ~ Project Manual - REVISED BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 71.01/02 CAPITAL IMPROVEMENTS PROJECTS 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 .................... 2. Multiply Line 1 by .5670 (.90 x.90 x.70) .............................................. 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................... 4. Multiply Line 3 by .2430 (.90 x.90 x.30) ............................................... 5. Other Than Normal Working Hours Construction Adjustment Factor.. 6. Multiply Line 5 by .0630 (.90 x.10 x.70). .............................................. 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services........................................ 8. Multiply line 7 by .0270 (.90 x.10 x.30) ..................................... ........... 9. Normal Working Hours Construction using Davis Bacon Wages......... 10 Multiply Line 9 by .0630 (.10 x .90 x.70) ............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services .............................................. 12 Multiply Line 11 by .0270 (.10 x .90 x.30) ........................................... 13 Other Than Normal Working Hours Construction using Davis Bacon Wages_ 14. Multiply line 13 by .0070 (.10 x .10 x.70) ............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon" with Architectural and Engineering Services ............................................... 16. Multiply line 15 by .0030 (.10 x .10 x.30) ............................................. 17. Add lines 2+4+6+8+10+12+14+16 ...................................................... (Combined Adjustment Factor) Page 28 City of Miami Beach Janllarv ,nn'1 ~ - Project Manual The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Une 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Contractor Name: Authorized Signature: Printed Name: Oate: January 2003 City of Miami Beach P:ona ?Q ~ Project Manual - BID FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBER 72.01/02 PUBLIC WORKS DEPARTMENT The bidder hereby proposes to furnish all labor, materials, equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) 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: (Specify to four (4) decimal places) Une 3 Normal Working Hours Construction with Architectural and Engineering Services: 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 City of Miami Beach Januarv 2003 Page 30 ~ - Project Manual in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: (Specify to four (4) decimal places) line 5 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) line 7 Other Than Normal Working Hours Construction with Architectural and Engineering Services: 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) line 9 Normal Working Hours Construction using Davis Bacon Wages: 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: (Specify to four (4) decimal places) January 2003 City of Miami Beach Page 31 ~ Project Manual - Line 11 Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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: (Specify to four (4) decimal places) Line 13 Other Than Normal Working Hours Construction using Davis Bacon Wages: 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) Line 15 Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: Contractor shall perform any or al/ 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) line 17 Combined Adjustment Factor (From Bid Form 2) (Specify to four (4) decimal places) Page 32 City of Miami Beach January 2003 ~ - Project Manual REVISED BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 72.01/02 PUBLIC WORKS DEPARTMENT 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 ..................... 2. Multiply Line 1 by .5670 (.90 x.90 x.70) ............................................... 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services.... ....... ....... ....... ........ ...... ......... 4. Multiply Line 3 by .2430 (.90 x.90 x.30)................................................ 5. Other Than Normal Working Hours Construction Adjustment Factor... 6. Multiply Line 5 by .0630 (.90 x.10 x.70)................................................ 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ........................................ 8. Multiply line 7 by .0270 (.90 x.10 x.30)................................................. 9. Normal Working Hours Construction using Davis Bacon Wages ......... 10 Multiply Line 9 by .0630 (.10 x .90 x.70) .............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services ............................................... 12 Multiply Line 11 by .0270 (.10 x .90 x.30) ............................................ 13 Other Than Normal Working Hours Construction using Davis Bacon Wages 14. Multiply line 13 by .0070 (.10 x .10 x.70) .............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services....... .................. .......... ....... ...... 16. Multiply line 15 by .0030 (.10 x .10 x.30).............................................. 17. Add lines 2+4+6+8+10+12+14+ 16.............. ........ ......... .................. ...... (Combined Adjustment Factor) January 2003 City of Miami Beach Page 33 ~ Project Manual - The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Contractor Name: Authorized Signature: Printed Name: Date: City of Miami Beach January 2003 Page 34 ~ ~ Project Manual BID FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBER 73.01/02 CITY WIDE The bidder hereby proposes to furnish all labor, materials, equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) Une 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: (Specify to four (4) decimal places) Une 3 Normal Working Hours Construction with Architectural and Engineering Services: 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 January 2003 City of Miami Beach Paoe 35 ~ Project Manual - in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: (Specify to four (4) decimal places) Line 5 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) Line 7 Other Than Normal Working Hours Construction with Architectural and Engineering Services: 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) Line 9 Normal Working Hours Construction using Davis Bacon Wages: 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: (Specify to four (4) decimal places) 'age 36 City of Miami Beach January 2003 ~ - Project Manual line 11 Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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: (Specify to four (4) decimal places) Line 13 Other Than Normal Working Hours Construction using Davis Bacon Wages: 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) Line 15 Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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) Une 17 Combined Adjustment Factor (From Bid Form 2) (Specify to four (4) decimal places) January 2003 City of Miami Beach Page 37 ~ Project Manual - REVISED BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 73.01/02 CITY WIDE 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 ......... ........... 2. Multiply Line 1 by .5670 (.90 x.90 x.70) .............................................. 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services............................................... 4. Multiply Line 3 by .2430 (.90 x.90 x.30) ............................................... 5. Other Than Normal Working Hours Construction Adjustment Factor.. 6. Multiply Line 5 by .0630 (.90 x.10 x.70). .............................................. 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services........................................ B. Multiply line 7 by .0270 (.90 x.10 x.30) ................................................ 9. Normal Working Hours Construction using Davis Bacon Wages......... 10 Multiply Line 9 by .0630 (.10 x .90 x.70) ............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services .............................................. 12 Multiply Line 11 by .0270 (.10 x .90 x.30) ........................................... 13 Other Than Normal Working Hours Construction using Davis Bacon Wages 14. Multiply line 13 by .0070 (.10 x .10 x.70) ............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services............................................... 16. Multiply line 15 by .0030 (.10 x .10 x.30) .... ................................. ........ 17. Add lines 2+4+6+8+10+12+14+16 ...................................................... (Combined Adjustment Factor) Page 38 City of Miami Beach January 2003 ~ - Project Manual The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Contractor Name: Authorized Signature: Printed Name: Date: January 2003 City of Miami Beach Page 39 ~ Project Manual - 12.1. A bid bond is not required for this contract. 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 One hundred eighty (180) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price 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 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 Award: 14.1. The City Commission shall award the contract to the lowest and best bidder. In lowest bidder is determined by line 17 on Bid Form 2 contained herein. In determining best bidder, the following shall be considered: a. Adjustment Factors to be considered are based on the following percentages. For purposes of determining the low bid from Bid Form 2; 90% of the work is to be accomplished using non Davis Bacon wages and 10% of the work using Davis Bacon Wages. 90% of the work will be accomplished during Normal Working Hours and 10% will be accomplished during Other Than Normal Working Hours. 30% of the work will require Architectural and Engineering Services. b. The ability, capacity and skill of the bidder to perform the contract. c. Whether the bidder performed satisfactory on contracts within the time specified, without delay or interference. d. The character, integrity, reputation, judgment. experience and efficiency of the bidder. e. The quality of performance of previous contracts. f. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 15. Evaluation: P8ge 18 City of Miami Beach January 2003 C I T Y OF M I A M I B E A C H 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us ~ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID ADDENDUM No.1 .January 6, 2003 JOB ORDER CONTRACT #71.01102 CAPITAL IMPROVEMENTS PROJECTS and JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT and JOB ORDER CONTRACT #73.01102 CITY WIDE is amended as follows: I. Replace Bid Form 2 with the attached Revised Bid Form 2. II. Delete all references to Contract No# 71.01/02 and replace with Contract No. #75.01/02. III. Please acknowledge the addenda NO.1 on 00400 Bid/ Tender Form in Volume I, the Project Manual. Bidders are required to acknowledge this addendum on the bid form or the bid may be considered non-responsive. CITY OF MIAMI BEACH Project Manual ~ - REVISED BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 71.01/02 CAPITAL IMPROVEMENTS PROJECTS For the purposes of determining the low bid the Contractor shall complete the following worksheet. Multiply Line 5 by .1260 (.90 x.20 x.70). .............................................. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services........................................ 8. Multiply line 7 by. .0540 (.90 x.20 x.3D) ............................................... 9. Normal Working Hours Construction using Davis Bacon Wages......... 10 Multiply Line 9 by .0560 (.10 x .80 x.70) ............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services .............................................. 12 Multiply Line 11 by .0240 (.10 x .80 x.30) ........................................... 13 Other Than Normal Working Hours Construction using Davis Bacon Wages 14. Multiply line 13 by .0140 (.10 x .20 x.70) ............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services ............................................... (Specify to four (4) decimal places). 1. 2. 3. Normal Working Hours Construction Adjustment Factor .................... Multiply Line 1 by .5040 (.90 x.80 x.70) .............................................. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................... Multiply Line 3 by .2160 (.90 x.80 x.30) .............................................. Other Than Normal Working Hours Construction Adjustment Factor .. 16. Multiply line 15 by .0060 (.10 x .20 x.30) ............................................. 17. Add lines 2+4+6+8+10+12+14+16 ...................................................... (Combined Adjustment Factor) 4. 5. 6. 7. Page 28 City of Miami Beach January 2003 ~ Project Manual REVISED BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 72.01/02 PUBLIC WORKS DEPARTMENT 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 ..................... 2. Multiply Une 1 by .5040 (.90 x.80 x.70) ............................................... 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services............... ...... ........................... 4. Multiply Une 3 by .2160 (.90 x.80 x.30)................................................ 5. Other Than Normal Working Hours Construction Adjustment Factor... 6. Multiply Line 5 by .1260 (.90 x.20 x.70)................................................ 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ........................................ 8. 9. 10 Multiply Line 9 by .0560 (.10 x .80 x.70) .............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services ............................................... 12 Multiply Line 11 by .0240 (.10 x .80 x.30) ............................................ 13 Other Than Normal Working Hours Construction using Davis Bacon Wages 14. Multiply line 13 by .0140 (.10 x .20 x.70).............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services.......... .......... ......... ...... ............. 16. Multiply line 15 by .0060 (.10 x .20 x.30).............................................. 17. Add lines 2+4+6+8+10+12+14+16............................ ...... .......... ........... (Combined Adjustment Factor) Multiply line 7 by. .0540 (.90 x.20 x.30)................................................ Normal Working Hours Construction using Davis Bacon Wages ......... January 2003 City of Miami Beach Page 33 Project Manual ~ - REVISED BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 73.01/02 CITY WIDE For the purposes of determining the low bid the Contractor shall complete the following worksheet. 1. Normal Working Hours Construction Adjustment Factor .................... 2. Multiply Line 1 by .5040 (.90 x.80 x.70) .............................................. 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................... 4. Multiply Line 3 by .2160 (.90 x.80 x.30) ............................................... 5. Other Than Normal Working Hours Construction Adjustment Factor .. 6. Multiply Line 5 by .1260 (.90 x.20 x.70). .............................................. 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services........................................ 8. Multiply line 7 by. .0540 (.90 x.20 x.30) ............................................... 9. Normal Working Hours Construction using Davis Bacon Wages......... 10 Multiply Line 9 by .0560 (.10 x .80 x.70) ............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services .............................................. 12 Multiply Line 11 by .0240 (.10 x .80 x.30) ........................................... 13 Other Than Normal Working Hours Construction using Davis Bacon Wages 14. Multiply line 13 by .0140 (.10 x .20 x.70) ............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services .......... ............. ........................ 16. Multiply line 15 by .0060 (.10 x .20 x.30) ............................................. 17. Add lines 2+4+6+8+10+12+14+16 ...................................................... (Combined Adjustment Factor) (Specify to four (4) decimal places). Page 38 City of Miami Beach January 2003 C I T Y OF M I A M I B E A C H 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.ft.us to PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT JOB ORDER CONTRACT #73.01/02 CITY WIDE NOTICE TO CONTRACTORS Sealed bids will be received by the CITY of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. local time January 28lh,2003 for Job Order Contracts (hereinafter called JOC) according to the Bid Table below: A JOC is a competitive bid resulting in a firm fixed priced indefinite quantity construction contract pursuant to which the Bidder 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 the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, demolition and construction of infrastructure, buildings, structures, 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, labor, materials and equipment needed to perform the work including architectural and engineering services to support individual Job Orders. Bid Table The bid dates and contract values for the referenced Job Order Contracts are as follows: Bid Number Bid Due Minimum Maximum Maximum Contract Date Contract Contract Total Value Value ValuefTerm #71.01/02 1/28/03 $50,000 $1,000,000 $3.000,000 #72.01/02 1/28/03 $50,000 $1,000,000 $3,000,000 #73.01/02 1/28/03 $50,000 $1,000,000 $3,000,000 Each contract will have an initial term equal of 12 months. Each contract will include an option for two (2) additional Terms. Option Terms shall be subject to prior approval of the City of Miami Beach Board of Commissioners. The Contract duration shall not exceed three (3) years. An option term may be exercised when the maximum value of $1,000,000 is achieved or the expiration of the 12 month term. The Bidder for JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT must hold at the time of submitting the Bid, A valid Florida Certified General Contracting License. The work for this contract will be used primarily for site/civil/utility type projects. The Bidder for JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS and JOB ORDER CONTRACT #73.01/02 CITY WIDE must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for renovation and or repair and minor new construction type projects. If the Bidder is a joint venture, the joint venture itself will be considered a separate and distinct organization and must be in compliance with all requirements of the state statutes and the Florida Contracting licensing regulations. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal 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 mandatory Pre-Bid Conference has been scheduled for January 14, 2003 at 10:00, at the First Floor Conference Room located at City Hall, 1700 Convention Center Drive, Miami Beach, FL 33139. Intending Bidders must attend a mandatory Pre-Bid Conference. The mandatory 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 must be represented by a person that will be directly involved preparing the JOC bid and responsible for executing the construction work. Any Bidder submitting a bid and who was not represented and signed in at the mandatory pre-bid conference may be deemed non-responsive. A Bid Bond will not be required for this contract. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of $1,000,000. The bid package is available the date of the advertisement and can be ordered or picked up at the City of Miami Beach, City Hall, Procurement Division, 1700 Convention Center Drive, Miami Beach Florida 33139. The cost for these bid documents is $100.00. Checks or money orders should be made payable to City of Miami Beach. The Bidder may also purchase the Bid Documents the day of the Pre-bid Conference. Bid Documents will be available on CD-ROM. The contact person for this Bid is the Procurement Director. The Procurement Director may be contacted by phone: 305-673-7490; fax: 305-673-7851; or e- mail: guslopez@cLmiami-beach.f1.us. Oral communication between a proposer, 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 10 calendar days prior to the Bid Opening. 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 contract number under this solicitation on the basis of the lowest and most responsive 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 Contract Total Value, as stated above, for each contract awarded. The CITY of Miami Beach will award only one JOC contract to a single Contractor under this advertisement (Le., no Contractor will be awarded more than one JOC contract). YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99 - 3164. 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. CITY OF MIAMI BEACH GUS~Z; Procurement Director ~ Project Manual INVITATION TO BID ..................................................................................................1 00200 DEFIN ITIONS.................................................................................5 00300 INSTRUCTIONS TO BIDDERS....................................................13 1. General: .......... ................................................... ..................... .....13 2. Examination of Contract Documents: ...........................................13 3. Submission of a Bid:.....................................................................13 4. Scope of Work: .............................................................................13 5. Job Order Contract Overview: ......................................................14 6. Contract Documents:....................................................................15 7. Location of Work: .........................................................................16 8. Abbreviations and Symbols: .........................................................17 9. Pre-Bid Interpretations: ................................................................17 10. Submitting Bids: ...........................................................................17 11. Printed Form of Bid: .....................................................................17 12. Bid Guaranty: ...............................................................................17 13. Acceptance or Rejection of Bids:..................................................18 14. Determination of Award: ...............................................................18 15. Evaluation: ...................................................................................18 16. Contract Price:..............................................................................19 17. Postponement of Date for Presenting and Opening of Bids: ........................................................................................... ..19 Qualifications of Bidders: ..............................................................19 Addenda and Modifications: .........................................................19 Prevailing Wage Rates: ................................................................19 Protested Solicitation and Award:.................................................20 BID/TENDER FORM ...... ................. ......... .......... ..........................21 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES .......24 FORM OF BID ........................................ ....................... ...............25 SUPPLEMENT TO BID/TENDER FORM - QUESTIONNAIRE ....40 SUPPLEMENT TO BID/TENDER FORM - NON-COLLUSION CERTIFiCATE............................................................................. .46 SUPPLEMENT TO BID/TENDER FORM - DRUG FREE WORKPLACE CERTIFICATION ...... ................. .............. ........ .....4 7 SUPPLEMENT TO BID/TENDER FORM - TRENCH SAFETY ACT............................................................................................. .49 RECYCLED CONTENT INFORMATION .....................................50 CONTRACT................................................................................ .51 FORM CERTIFICATE OF INSURANCE ......................................62 FORM OF PERFORMANCE BOND.............................................63 FORM OF PAYMENT BOND .......................................................66 00400 00405 00407 00500 00520 00530 00540 00500 00600 00708 00710 00720 18. 19. 20. 21. TABLE OF CONTENTS January 2003 City of Miami Beach Pagei Project Manual ~ - 00721 00735 00800 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Page ii CERTIFICATE AS TO CORPORATE PRINCiPAL...................... 68 PERFORMANCE AND PAYMENT GUARANTY FORM.............. 69 GENERAL CONDITIONS ............................................................ 71 Project Manual:............................................................................ 71 Intention of CiTy:......................................................................... 72 Preliminary Matters: .......................................... ..... ......... ... .......... 72 Performance Bond and Payment Bond: ...................................... 72 Qualification of Surety:................................................................. 73 Indemnification:............................................................................ 74 Insurance Requirements:............................................................. 75 Labor and Materials: .................................................................... 78 Royalties and Patents: .................................................................78 Weather: ........... ........ ................................................................... 78 Permits, Licenses and Impact Fees: ............................................ 79 Resolution of Disputes:................................................................ 79 Inspection of Work: ...................................................................... 80 Superintendence and Supervision: .............................................. 81 CITY's Right to Terminate Contract: ............................................ 82 CONTRACTOR's Right to Stop Work or Terminate Contract: ...................................................................................... 84 Assignment: ........................ ......................................................... 84 Rights of Various Interests:.......................................................... 84 Differing Site Conditions: ............................................................. 85 Plans and Working Drawings:...................................................... 86 CONTRACTOR to Check Plans, Specifications and Data: .......... 86 CONTRACTOR's Responsibility for Damages and Accidents: .................................................................................... 86 Warranty: ..................................... ................................................ 86 Supplementary Drawings:. ............................. ..................... ......... 87 Defective Work: .................... ......... ........... ........ ......... ............ ...... 88 Taxes: ................................. ......................................................... 88 Subcontracts:............................................................................... 89 Separate Contracts:..................................................................... 92 Use of Completed Portions:......................................................... 92 Lands for Work: ........................................................................... 94 Legal Restrictions and Traffic Provisions:.................................... 94 Location and Damage to Existing Facilities, Equipment or Utilities: ..................... ......... ......... ........................ ..................... 94 Value Engineering: ...................................................................... 95 Continuing the Work: ................................................................... 95 Changes in the Work or Terms of Contract Documents: .............96 Field Orders and Supplemental Instructions: ............................... 96 Change Orders: ...........................................................................96 City of Miami Beach January 2003 ~ -=- Project Manual 00900 00923 00925 00926 00930 01000 02000 38. 39. 40. 42. 43. 43. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. Value of Change Order Work: ......................................................97 Notification and Claim for Change of Contract Time: ...................98 No Damages for Delay: ................................................................98 Substantial Completion: .............................................................100 No Interest: ........................... ......................................... .............1 01 Shop Drawings and Samples: ....................................................101 Field Layout of the Work and Record Drawings: ........................103 As-Built Drawings: ................. ............................. ........................1 03 Safety and Protection: ................................................................104 Payment by CITY for Tests: .......................................................105 Project Sign: ................................... ............................................1 05 Hurricane Precautions: ............. .............................................. ....1 05 Cleaning Up; CITY'S Right to Clean Up: ....................................106 Removal of Equipment: ..............................................................106 Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act.................................................................... 1 06 Project Records: ............. ........ ....................................................1 07 Occupational Health and Safety: ................................................107 Environmental Regulations: .......................................................109 SUPPLEMENTARY CONDITIONS ............................................111 STATEMENT OF COMPLIANCE ...............................................112 CERTIFICATE OF SUBSTANTIAL COMPLETION....................123 FINAL CERTIFICATE OF PAYMENT ........................................125 FORM OF FINAL RECEIPT .......................................................126 ADDENDA AND MODIFICATIONS ............................................128 JOC SUPPLEMENTAL CONDITIONS .......................................129 City of Miami Beach Page iii January 2003 lb -=- Project Manual C I T Y OF M I A M I B E A C H 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us ~ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT JOB ORDER CONTRACT #73.01102 CITY WIDE NOTICE TO CONTRACTORS Sealed bids will be received by the CITY of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. local time for Job Order Contracts (hereinafter called JOC) according to the Sid Table below: The bid dates and contract values for the referenced Job Order Contracts are as follows: Bid Number Bid Due Minimum Maximum Maximum Contract Date Contract Contract Total Value Value Value/Term #71.01/02 1/30/03 $50,000 $1,000,000 $3.000,000 #72.01/02 1/30/03 $50,000 $1,000,000 $3,000,000 #73.01/02 1/28/03 $50,000 $1,000,000 $3,000,000 January 2003 City of Miami Beach Page 1 ~ Project Manual - A JOC is a competitive bid resulting in a firm fixed priced indefinite quantity construction contract pursuant to which the Bidder 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 the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, demolition and construction of infrastructure, buildings, structures, 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, labor, materials and equipment needed to perform the work including architectural and engineering services to support individual Job Orders. Each contract will have an initial term equal of 12 months. Each contract will include an option for two (2) additional Terms. Option Terms shall be subject to prior approval of the City of Miami Beach Board of Commissioners. The Contact duration shall not exceed three (3) years. An option term may be exercised when the maximum value of $1 ,000,000 is achieved or the expiration of the 12 month term. The Bidder for JOB ORDER CONTRACT #72.01/02 PUBLIC WORKS DEPARTMENT must hold at the time of submitting the Bid, A valid Florida Certified General Contracting License. The work for this contract will be used primarily for site/civil/utility type projects. The Bidder for JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS and JOB ORDER CONTRACT #73.01/02 CITY WIDE must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for renovation and or repair and minor new construction type projects. If the Bidder is a joint venture, the joint venture itself will be considered a separate and distinct organization and must be in compliance with all requirements of the state statutes and the Florida Contracting licensing regulations. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal 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. Page 2 City of Miami Beach January 2003 lb Project Manual A mandatory Pre-Bid Conference has been scheduled for 10:00 A.M., January 14, 2003, at the First Floor Conference Room located at City Hall, 1700 Convention Center Drive, Miami Beach, FL 33139. Intending Bidders must attend a mandatory Pre-Bid Conference. The mandatory 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 must be represented by a person that will be directly involved preparing the JOC bid and responsible for executing the construction work. Any Bidder submitting a bid and who was not represented and signed in at the mandatory pre-bid conference may be deemed non-responsive. A Bid Bond will not be required for this contract. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of $1,000,000. The bid package available Monday December 30, 2002, and can be ordered or picked up at the City of Miami Beach, City Hall, Procurement Division, 1700 Convention Center Drive, Miami Beach Florida 33139. The cost for these bid documents is $100.00. Checks or money orders should be made payable to City of Miami Beach. The Bidder may also purchase the Bid Documents the day of the Prebid Conference. Bid Documents will be available on CD-ROM. The contact person for this Bid is the Procurement Director. The Procurement Director may be contacted by phone: 305-673-7490; fax: 305-673-7851; or e-mail: guslopez@cLmiami-beach.fl.us. Oral communication between a proposer, 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 10 calendar days prior to the Bid Opening. 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. 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 contract number under this solicitation on the basis of the lowest and most responsive bid. However the CITY of Miami Beach reserves the January 2003 City of Miami Beach Page 3 ~ Project Manual - right to award multiple contracts, if determined to be in the CITY's best interest. Such multiple awards shall not affect the Maximum Contract Total Value, as stated above, for each contract awarded. The CITY of Miami Beach will award only one JOC contract to a single Contractor under this advertisement (Le., no Contractor will be awarded more than one JOC contract). YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE 99 -3164. 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. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director Page 4 City of Miami Beach January 2003 lb Project Manual 00200 DEFINITIONS 1. Definitions: When ever 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 FACTORS: The contractor's competitively bid price adjustment to the unit prices as published in the Construction Task Catalog. Contractors must bid 2 sets of adjustment factors; one set for work accomplished during normal working hours and for work accomplished during other than normal working hours with and without architectural and engineering services. The second set of adjustment factors for work accomplished during normal working hours using Davis Bacon Wages and for work accomplished during other than normal working hours using Davis Bacon Wages with and without architectural and engineering services. The adjustment factors must be expressed as an increase or decrease from the published prices. 1.4. ADVERTISEMENT: Shall mean the publicly placed Advertisement For Bid inviting Bidders to submit a Bids. The term Solicitation may be interchangeably used with the term Advertisement. 1.5. AGREEMENT: Shall mean the document dually signed by the CONTRACTOR and the CITY, binding both parties to the terms of the Contract Documents. 1.6. BIDDER: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.7. CHANGE ORDER: A written document ordering a change in the Contract Price or Contract Time or a material change in the Work. 1.8. CITY: The CITY (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a January 2003 City of Miami Beach Page 5 ~ Project Manual - party hereto and/or which this Contract is to be performed. In all respects hereunder, CITY's performance is pursuant to CITY's position as the owner of a construction project. In the event CITY exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to CITY's regulatory authority as a governmental body and shall not be attributable in any manner to CITY as a party to this Contract. 1.9. CITY COMMISSION: City Commission shall mean the governing and legislative body of the CITY. 1.10. CITY MANAGER: 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: 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: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.15. CONTRACT ADMINISTRATOR: The CITY's Contract Administrator shall mean the individual appointed by the CITY Manager who shall be the CITY's authorized representative to coordinate, direct, and review on behalf of the CITY, all matters related to Job Order Contracts. 1.16. CONTRACT DOCUMENTS: The Project Manual including, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, Change Orders, Field Orders, Supplemental Page 6 City of Miami Beach January 2003 lb Project Manual 1.17. 1.18. 1.19. 1.20. 1.21. 1.22. Instructions, JOC Supplemental Conditions, Job Orders and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. The Contact Documents consist of the follow Volumes: Volume I, Project Manual. Volume lIa, Book 1 of 3, Construction Task Catalog. Volume lib, Book 2 of 3, Construction Task Catalog. Volume IIc, Book 3 of 3, Construction Task Catalog. Volume Ilia, Book 1 of 3, Technical Specifications. Volume IlIb, Book 2 of 3, Technical Specifications. Volume IIlc, Book 3 of 3, Technical Specifications. CONTRACT PRICE: The original adjustment factors established in the bid submittal and awarded by the CITY. CONTRACT TIME: Unless otherwise provided, the Contract Time is the period of time, measured in calendar days, allotted in the RFP for the Substantial Completion of the Job Order. CONTRACTOR: The person, firm, or corporation 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 be deemed to be a reference to CONTRACTOR. DAYS: Shall mean calendar days. DETAILED SCOPE OF WORK: Shall be determined by individual Job Orders issued hereunder. The Detailed Scope of Work is 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 project 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 project. EMERGENCY: Shall mean such situations as shall require immediate action preventing CONTRACTOR from contacting CITY prior to execution. January 2003 City of Miami Beach Page 7 ~ ~ Project Manual 1.23. FIELD ORDER: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.24. FINAL COMPLETION: 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 Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.25. INSPECTOR: 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. 1.26. JOB ORDER: The Contract documents that sets forth the Detailed Scope of Work, the schedule and a firm fixed lump sum price to be paid to the Contractor. It also consists of any special conditions that might apply to a specific Job Order such as Liquidated Damages and technical submittals, plans and drawings, the Notice to Proceed and other documents required by the CITY. 1.27. JOB ORDER COMPLETION TIME: Shall mean the period of time allotted for the CONTRACTOR to achieve Final Completion of a Job Order. 1.28. 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. 1.29. JOB ORDER PRICE PROPOSAL: Shall mean the CONTRACTOR prepared documents quoting a firm fixed price and schedule for the competition of a specific Detailed Scope of Work as requested by CITY. The Proposal might also contain approved drawings, permits or other such documentation as CITY might require for a specific Job Order. 1.30. JOINT SCOPE or JOINT SCOPING: Shall mean the joint activity that takes place at the Site with the CITY and or Program Manager Page 8 City of Miami Beach January 2003 ~ -=- Project Manual and the CONTRACTOR wherein a proposed Job is discussed and examined, and the framework of the Detailed Scope of Work is developed. 1.31. 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 ordinance, rule or regulation having the force of Law. 1.32. MATERIALS: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.33. 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. 1.34. MAXIMUM CONTRACT TERM VALUE: Shall mean the maximum dollar value of Work that can be ordered under this Contract during any single term of the Contract. 1.35. MAXIMUM CONTRACT TOTAL VALUE: Shall mean the maximum dollar value of Work that can be ordered under this Contract during the entire duration of the Contract. 1.36. 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. 1.37. MINIMUM CONTRACT VALUE: Shall mean the minimum dollar value of Work that can be ordered during the duration of the Contract. 1.38. NON PRE-PRICED TASKS: Shall refer to work tasks required to perform individual Job Orders that are not included in the Construction Task Catalog but within the general scope and intent of this Contract. 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. Non pre-priced work requirements shall be separately identified and submitted in the Job Order Price Proposal. 1.39. NORMAL WORKING HOURS: Shall mean the hours of 8:00 AM to 5:00 PM Monday through Friday except Holidays. January 2003 City of Miami Beach Page 9 ~ Project Manual - 1.40. NOTICE(S) TO PROCEED: Written notice to CONTRACTOR authorizing the commencement of Job Orders. 1.41. OTHER CONTRACTORS: Shall mean any person, firm or corporation with whom a Contract has been made by CITY for the performance of any work which is not a portion of work covered under this Contract. 1.42. 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 CITY direction and/or and require CITY approval prior to commencement of work activities. 1.43. PLANS AND/OR DRAWINGS: The official graphic representations as needed on each Job Order to represent or supplement the Detailed Scope of Work. 1.44. PRE-PRICED TASK: Shall mean a task included in the Construction Task Catalog for which a Unit Price has been established. 1.45. PROGRAM MANAGER: An authorized representative contracted by the CITY who may be assigned individual JOC projects. This individual designated by CITY as being responsible for managing, supervision and acceptance of Job Orders. 1.46. PROGRESS SCHEDULE: Shall mean a bar chart submitted by the CONTRACTOR and subject to approval by the CITY showing the overall Job Completion Time and subdivided for each critical operation therein. 1.47. PROJECT: The construction project as described in the Job Order. 1.48. PROJECT INITIATION DATE: The date as specified in the Job Order Notice to Proceed upon which time commences for completion of the Job Order. 1.49. PROJECT MANUAL: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents. Page 10 City of Miami Beach January 2003 lb Project Manual 1.50. 1.51. 1.52. 1.53. 1.54. 1.55. 1.56. 1.57. 1.58. 1.59. 1.60. PROJECT COORDINATOR: Shall-mean the individual assigned by the CITY as being responsible for managing, supervision and acceptance of Job Orders PROVIDE or FURNISH: Unless specifically noted otherwise, shall mean supply and install complete and ready for operation and use. PUNCH LIST: Shall mean a compilation of items that have not been completed in accordance with an individual Job Order. REQUEST FOR PROPOSAL (RFP): Shall mean the document issued by the CITY that formally requests the CONTRACTOR to prepare a Job Order Price Proposal for a Detailed Scope of Work. RESIDENT PROJECT REPRESENTATIVE: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. 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. SHOP DRAWINGS: Shall mean drawings, 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. 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 and or Program Manager. 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 quantities and 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 including Volume Ilia, IlIb, IIIc, South Florida Building Code and standard CITY of Miami Beach Specifications. STATE: Shall mean the State of Florida. SUBCONTRACTOR: A person, firm or corporation having a direct contract with CONTRACTOR including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. January 2003 City of Miami Beach Page 11 ~ Project Manual - 1.61. SUBSTANTIAL COMPLETION: 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 Work is sufficiently complete in accordance with the Contract Documents so the 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. 1.62. 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. 1.63. SURETY: The surety company or individual which is bound by the performance bond and payment bond with and for CONTRACTOR who is primarily liable, and which surety company or individual is responsible for CONTRACTOR's 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. 1.64. 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. Each unit price is comprised of the Labor, Equipment and Materials costs to accomplish that specific task. 1.65. WAGE DECISION: Shall mean the applicable federal wage determination provided by the CITY as issued by the U.S. Department of Labor. 1.66. WORK: 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 CONTRACTOR's obligations. The Work may constitute the whole or a part of the Project. Page 12 City of Miami Beach January 2003 lb Project Manual 00300 INSTRUCTIONS TO BIDDERS 1. General: 1.1 The following instructions and those set forth herein 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 Contract Documents: It is the responsibility of each Bidder before submitting a Bid, to: 2.1. Examine the Contract Documents thoroughly. 2.2. Take into account federal, state and local (CITY and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 2.3. Carefully review the Contract 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 Contract 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 all architectural and engineering services to support individual Job Orders, 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: January 2003 City of Miami Beach Page 13 Project Manual ~ - 4.2.1. CAPITAL JOB ORDER CONTRACT/02-71.01/02 IMPROVEMENTS PROJECTS The Contract may be used to perform work on facilities under the jurisdiction of the CITY but is to be used primarily for work for renovation and or repair and minor new construction under the jurisdiction of Capital Improvements. JOB ORDER CONTRACT/02-#72.01/02 PUBLIC WORKS DEPARTMENT The Contract may be used to perform any work on facilities under the jurisdiction of the CITY but is to be used primarily for Site/Civil type work, including utilities, concrete, paving, and street lighting under the jurisdiction of the Public Works Department. JOB ORDER CONTRACT/02- JOB ORDER CONTRACT #73.01/02 CITY WIDE The Contract may be used to perform work on facilities under the jurisdiction of the CITY but is to be used primarily for work for renovation and or repair and minor new Construction and can be used City wide. The CITY reserves the right to award multiple JOC Contracts for the same Department. The CITY also reserves the right to assign individual Job Orders to other JOC Contractors for that Department. 5. Job Order Contract Overview: 4.2.2. 4.2.3. 5.1. A Job Order Contact (JOG) 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 means of issuance of a Job Order against the Contract. 5.2. Under the JOC concept, the Contractor furnishes management, labor, materials, equipment and architectural and engineering services required to document the scope of work to support individual Job Orders. 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 Page 14 City of Miami Beach January 2003 lb Project Manual 6. experienced labor and high quality materials. The CTC also incorporates local activity, climate and geographic features. 5.4. Bidder will offer two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These sets of 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 scope of work will be explained to the Contractor at a Joint Scope Meeting. The Contractor will be given a Request For Proposal and a Detailed Scope of Work. 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, 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 but were not included in the CTC at the time of Contract award. These tasks are referred to as "Non Pre-priced Items". Non Pre- priced (NPP) items may require the establishment of specifications and drawings and may subsequently be incorporated into the CTC. Contract Documents: 6.1. The Contract Documents constituting component parts of this Contract are the following: Volume I, Project Manual. Volume lIa, Book 1 of 3, Construction Task Catalog. Volume lib, Book 2 of 3, Construction Task Catalog. Volume IIc, Book 3 of 3, Construction Task Catalog. Volume Ilia, Book 1 of 3, Technical Specifications. January 2003 City of Miami Beach Page 15 ~ Project Manual - Volume IIIb, Book 2 of 3, Technical Specifications. Volume IlIc, Book 3 of 3, Technical Specifications. 6.2. Volume I JOC Project Manual: 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 lIa, lib and IIc): The CTC contains pricing information for the work to be accomplished and for the unit of measure specified. It consists of CSI divisions 1 through 16. 6.4. The Technical Specifications (Volume ilia, IIIb and IIlc): The Technical Specifications are numbered and organized in the Construction Specification Institute's (CSI) master format. All specifications are filed in divisions 1 through 16 per CSI guidelines. 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 Pubic 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 June 2002 6.6.6. Master Specifications Outlines 7. Location of Work: Page 16 City of Miami Beach January 2003 lb Project Manual 7.1. All work will be within the CITY limits of Miami Beach and individual projects will assigned as determined by the CITY. 8. Abbreviations and Symbols: 8.1. The abbreviations used throughout the Contract Documents are defined hereinafter in the 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 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, legibly marked on the outside. A complete and separate bid package must be submitted for each contract that the Contractor wished to bid: JOC BID FOR: BID/ JOC CONTRACT NO: 11. Printed Form of Bid: 11.1. All bids must be made upon the blank BidlTender Form and Form of Bid, Form 1 and Form 2 in Article 00407. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 12. Bid Guaranty: January 2003 City of Miami Beach Page 17 ~ Project Manual - 12.1. A bid bond is not required for this contract. 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 One hundred eighty (180) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price 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 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 Award: 14.1. The City Commission shall award the contract to the lowest and best bidder. In lowest bidder is determined by line 17 on Bid Form 2 contained herein. In determining best bidder, the following shall be considered: a. Adjustment Factors to be considered are based on the following percentages. For purposes of determining the low bid from Bid Form 2; 90% of the work is to be accomplished using non Davis Bacon wages and 10% of the work using Davis Bacon Wages. 80% of the work will be accomplished during Normal Working Hours and 10% will be accomplished during Other Than Normal Working Hours. 30% of the work will require Architectural and Engineering Services. b. The ability, capacity and skill of the bidder to perform the contract. c. Whether the bidder performed satisfactory on contracts within the time specified, without delay or interference. d. The character, integrity, reputation, judgment, experience and efficiency of the bidder. e. The quality of performance of previous contracts. f. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 15. Evaluation: Page 18 City of Miami Beach January 2003 lb Project Manual 15.1. The contractor will be evaluated on each Job Order. Results of the evaluation will impact the issuance of future Job Orders. 16. Contract Price: 16.1. The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, obtaining permits, applicable taxes, overhead, architectural and engineering 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 Pre-priced item and the procedure for ordering these tasks are outlined in Article 12 of the JOC Supplemental Conditions. 17. Postponement of Date for Presenting and Opening of Bids: 17.1. 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 days written notice of any such postponement to each prospective Bidder. 18. Qualifications of Bidders: 18.1. Bids shall be considered only from firms 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. 18.2. 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 claimsllitigation history of the Bidder. 19. Addenda and Modifications: 19.1. 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. 20. Prevailing Wage Rates: 20.1. This project, either in whole or in part, may be federally assisted, through the CITY of Miami Beach Community Development Block Grant Funds, and as such bidders must comply with Section 109 of Title I of the Housing and Community Development Act of 1974, as January 2003 City of Miami Beach Page 19 ~ Project Manual - amended; the President's Executive Order 11246, as amended by Executive 11375, which prohibits discrimination in employment regarding race, color, religion, sex or national origin; Title V1 of the Civil Rights Act of 1964; the Davis Bacon Act, as amended; the Copeland (Anti-Kickback) Act; the Contract Work Hours and Safety Standards Act; and all other applicable Federal, State and local laws and ordinances. 20.2. Enclosed is the wage decision applicable to the subject project. It must be incorporated into the contract documents 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. 20.3. 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 enclosed wage decision. 21. Protested Solicitation and Award: 21.1. Bidders that are not selected may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after award by the CITY Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the CITY Commission will not be considered, and the basis or bases for said protest be deemed to have been waived by the protester. Page 20 City of Miami Beach January 2003 lb ~ Project Manual 00400 BID/TENDER FORM A Submitted: 11ff'" Date s Job Order Contract #: 7.!:).O ,ft~ I 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 Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; 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: Job Order Contract No: 75. 0 I~:< / 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 total bid price, and to furnish the required Certificate(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. January 2003 City of Miami Beach Page 21 ~ Project Manual - In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the CITY. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addendum Number I The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: ..,--~ ClJV5~Vc..77()NJ lue.. City/State/Zip: h ~ ~ ~I'IJCr;(.N .eb. r;!:!-y MkH/ BQ.:CH) P? ~:3/~9 Telephone No.: p~ t5'~.5'9-;:z.7 Social Security No. or Federal Dun and Bradstreet No.: .(if applicable) I.D.No.: ~S-pB/6~t/6 (if applicable) Bradstreet No.: If a partnership, names and addresses of partners: Page 22 City of Miami Beach January 2003 lb - Project Manual (Sign below if not incorporated) WITNESSES: (Signature) (Sign below if incorporated) ATTEST: CORPORATE SEAL) (Type or Print Name of Bidder) (Type or Print Name Signed Above) -,e~ Ot;N'5/1i!(.IC77~JJ) /~. (Type or Print Name of Corporation) r t"v~ Incorporated under the laws of the State of: F~~/l>A. January 2003 City of Miami Beach Page 23 ~ Project Manual - 00405 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contract a will have to pay the CITY before or during construction by 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: The General Contractor's CITY of Miami Beach Building Permits, Public Works Permits and Zoning Permits will be reimbursed by the CITY for the cost of the Permit only as a non pre-priced task with no marked-ups. The cost for obtaining these Permits is to be included in the Contractors Adjustment Factor. LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI DADE COUNTY THE STATE OF FLORIDA, STATE OR OTHER ARE NOT INCLUDED IN THE ABOVE LIST. OBTAINING THESE PERMITS ARE THE RESPONSIBILITY OF THE CONTRACTOR AND WILL BE REIMBURSED BY THE CITY AS A NON-PREPRICED TASKS WITH NO MARK-UPS. 1 Occupational licenses from CITY of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2 Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. Page 24 City of Miami Beach January 2003 ~ - Project Manual 00407 FORM OF BID BID FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBER 71.01/02 CAPITAL IMPROVEMENTS PROJECTS The bidder hereby proposes to furnish all labor, materials, equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) 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: /. t) 7~e, (Specify to four (4) decimal places) Line 3 Normal Working Hours Construction with Architectural and Engineering Services: 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 January 2003 City of Miami Beach Page 25 ~ Project Manual - in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: /, /.f.-~ (Specify to four (4) decimal places) Line 5 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: /. () 7/8 (Specify to four (4) decimal places) Line 7 Other Than Normal Working Hours Construction with Architectural and Engineering Services: 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: /, /?-t5e (Specify to four (4) decimal places) Line 9 Normal Working Hours Construction using Davis Bacon Wages: 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: /,/BR6 (Specify to four (4) decimal places) Page 26 City of Miami Beach January 2003 ~ _ Project Manual Line 11 Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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: /, ~.!fi>96 (Specify to four (4) decimal places) line 13 Other Than Normal Working Hours Construction using Davis Bacon Wages: 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: I, /9'1-8 (Specify to four (4) decimal places) Line 15 Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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: f,;<QJe (Specify to four (4) decimal places) Line 17 Combined Adjustment Factor (From Bid Form 2) I, Ip 7t:J (Specify to four (4) decimal places) January 2003 City of Miami Beach Page 27 ~ Project Manual - REVISED BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 71.01/02 CAPITAL IMPROVEMENTS PROJECTS For the purposes of determining the low bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). 1. 2. 3. Normal Working Hours Construction Adjustment Factor .................... /. t) 7.,..8 Multiply Line 1 by .5670 (.90 x.90 x.70) .............................................. ~.. 6tJ9~ Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................... ~ /4-tJ!8 Multiply Line 3 by .2430 (.90 x.90 x.30) ............................................... /P, ::Z7e~ Other Than Normal Working Hours Construction Adjustment Factor.. /.. f) ? t:JY Multiply Line 5 by .0630 (.90 x.10 x.70). .............................................. 1/- P6;:;g 4. 5. 6. 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services........................................ Multiply line 7 by .0270 (.90 x.10 x.30) ................................................ ,./, /~e;-8 t? t):3/t:> /1/9;<6 1/, ~7~ 8. 9. 10 Multiply Line 9 by .0630 (.10 x .90 x.70) ............................................. 11. Normal Working Hours Construction using Davis Bacon Wages......... Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services .............................................. /.a596 12 Multiply Line 11 by .0270 (.10 x .90 x.30) ........................................... (/, ~:3?O 13 Other Than Normal Working Hours90nstruction using Davis Bacon Wages~/e?-8 " 14. Multiply line 13 by .0070 (.10 x .10 x.70) ............................................. t?.. "I/) 1!?:3 15 Other Than Normal Working Hours Construction using Davis Bacon" with Architectural and Engineering Services ............................................... /,;26/8 16. Multiply line 15 by .0030 (.10 x .10 x.30) .......... ................ ................... t), tfJCr::3t3 17. Add lines 2+4+6+8+10+12+14+16 ...................................................... /.. /07" (Combined Adjustment Factor) Page 28 City of Miami Beach January 2003 ~ - Project Manual The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. I Contractor Name: rt2kl/ Authorized Signature: M /./ SrR:1I C T lOW) , V /10/<2 . Printed Name: /I e1..I ,t! Y -r; I- II ~ [;)0../ Date: ih"j" , I .. January 2003 City of Miami Beach Page 29 ~ Project Manual - BID FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBER 72.01/02 PUBLIC WORKS DEPARTMENT The bidder hereby proposes to furnish all labor, materials, equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) 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: (Specify to four (4) decimal places) Line 2 Normal Working Hours Construction with Architectural and Engineering Services: 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 Page 30 City of Miami Beach January 2003 ~ -=- Project Manual in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: (Specify to four (4) decimal places) Line 3 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) Line 4 Other Than Normal Working Hours Construction with Architectural and Engineering Services: 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) Line 5 Normal Working Hours Construction using Davis Bacon Wages: 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: (Specify to four (4) decimal places) January 2003 City of Miami Beach Page 31 ~ Project Manual - Line 6 Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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: (Specify to four (4) decimal places) Line 7 Other Than Normal Working Hours Construction using Davis Bacon Wages: 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) Line 8 Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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) Line 9 Combined Adjustment Factor (From Bid Form 2) (Specify to four (4) decimal places) Page 32 City of Miami Beach January 2003 lb Project Manual BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 72.01/02 PUBLIC WORKS DEPARTMENT 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 ..................... 2. Multiply Line 1 by .5040 (.90 x.80 x.70) ............................................... 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services................................................ 4. Multiply Line by. .2160 (.90 x.80 x.30).................................................. 5. Other Than Normal Working Hours Construction Adjustment Factor... 6. Multiply Line 5 by .1260 (.90 x.20 x.70)................................................ 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ........................................ 8. Multiply line 7 by. .0540 (.90 x.20 x.30) ................................................ 9. Normal Working Hours Construction using Davis Bacon Wages ......... 10 Multiply Line 9 by .0560 (.10 x .80 x.70) .............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services ............................................... 12 Multiply Line 11 by .0240 (.10 x .80 x.30) ............................................ 13 Other Than Normal Working Hours Construction using Davis Bacon .. 14. Multiply line 13 by .0140 (.10 x .20 x.70) .............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services................................................ 16. Multiply line 15 by .0060 (.10 x .20 x.30) .............................................. 17. Add lines 2+4+6+8+10+12+14+16....................................................... (Combined Adjustment Factor) January 2003 City of Miami Beach Page 33 ~ Project Manual - The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Contractor Name: Authorized Signature: Printed Name: Date: Page 34 City of Miami Beach January 2003 lb Project Manual BID FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBER 73.01/02 CITY WIDE The bidder hereby proposes to furnish all labor, materials, equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) 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: (Specify to four (4) decimal places) Line 2 Normal Working Hours Construction with Architectural and Engineering Services: 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 January 2003 City of Miami Beach Page 35 ~ Project Manual - in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: (Specify to four (4) decimal places) Line 3 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) Line 4 Other Than Normal Working Hours Construction with Architectural and Engineering Services: 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) Line 5 Normal Working Hours Construction using Davis Bacon Wages: 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: (Specify to four (4) decimal places) Page 36 City of Miami Beach January 2003 lb _ Project Manual Line 6 Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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 facD 0 00000 (Specify to four (4) decimal places) Line 7 Other Than Normal Working Hours Construction using Davis Bacon Wages: 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) Line 8 Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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) Line 9 Combined Adjustment Factor (From Bid Form 2) (Specify to four (4) decimal places) January 2003 City of Miami Beach Page 37 ~ - - Project Manual BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER 73.01/02 CITY WIDE 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 ..................... -- 2. Multiply Line 1 by .5040 (.90 x.80 x.70) .............................................. 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................... 4. Multiply Line by. .2160 (.90 x.80 x.30) ................................................._- 5. Other Than Normal Working Hours Construction Adjustment Factor .. 6. Multiply Line 5 by .1260 (.90 x.20 x.70). .............................................. 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services........................................ 8. Multiply line 7 by. .0540 (.90 x.20 x.30) ............................................... 9. Normal Working Hours Construction using Davis Bacon Wages......... 10 Multiply Line 9 by .0560 (.10 x .80 x.70) ............................................. 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services .............................................. 12 Multiply Line 11 by .0240 (.10 x .80 x.30) ........................................... 13 Other Than Normal Working Hours Construction using Davis Bacon.. 14. Multiply line 13 by .0140 (.10 x .20 x.70).............................................. 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services ............................................... 16. Multiply line 15 by .0060 (.10 x .20 x.30).............................................. 17. Add lines 2+4+6+8+10+12+14+16....................................................... (Combined Adjustment Factor) Page 38 City of Miami Beach January 2003 ~ Project Manual The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Contractor Name: Authorized Signature: Printed Name: Date: January 2003 City of Miami Beach Page 39 ~ Project Manual -- 00500 SUPPLEMENT TO BIDITENDER FORM - QUESTIONNAIRE 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 SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in the Invitation to Bid. License/Certification/Registration CGC ()6 &It) Y;;2 # Years S- 1.1 What business are you in? G'<2. 2. What is the last project of this nature that you have completed? . v~C-ff/;)C-P5 Hkf,oT Z;CPT: WC- Hz:>0--,P..s t!-/P P~F/. 3. Have you ever failed to complete any work awarded to you? If so, where and why? /VI) 3.1. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed Page 40 City of Miami Beach January 2003 ~ -=- Project Manual work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. !/ft 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1. fll>c-P5 7"<P7 -kt. 8eY n;2 ~~~5" (name) (address) (phone #) 4.2. Hl:>~.5 ~eG~S~~O~ ~Sffy1~7 . (name) (address) (phone #) 4.3. ~)./ 1?~$ar ~~ ,.s-~~7~ (name) (address) (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) NAME OF PROJECT OWNER & PHONE # TOTAL DATE OF CONTRACT COMPLETION VALUE PER CONTRACT %OF COMPLETION TO DATE 6. January 2003 City of Miami Beach Page 41 ~ Project Manual -- 7. Will you subcontract any part of this work? If so, give details including a list of the subcontractor(s) that your company anticipates using on this contract. 7Hz:> 8. What equipment do you own that is available for the work? N~/J€ 9. What equipment will you purchase for the proposed work? H~NE" 10. What equipment will you rentfor the proposed work? N~/..JE 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. If, r: Ut-'t>E'}..f- P:rr. - 6C - /?- Y.eS )). (!..u;}../ l>E7V~ - ~~ - / t::? Y.e.s City of Miami Beach January 2003 Page 42 ~ -=- Project Manual 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1. The correct name of the Bidder is 7X!kN C~/./~l/c77~A/; I Ale. 12.2. The business is a (Sole Proprietorship) (Partnership) (Corporation). ep ~ p ~ /!. A. ""'Tlc AI 12.3. The address of principal place of business is: ~() t../NColN ~J>. (H-/) H/kM'1 Be?t-e-II; F~:3:?/3~ 12.4. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: If,/: LppPC7V -,P~!d~7 12.5. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. N~ 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. January 2003 City of Miami Beach Page 43 ~ -- Project Manual Nf)N~ 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). NP/"/€ 12.8. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. N~Ue 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. UP ViE"" Page 44 City of Miami Beach January 2003 ~ -=- Project Manual 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. ^,P 12.11. Under what conditions does the Bidder request Change Orders? PIV#eJi? ~6~ 1/,t:))e;l?S) .e~t/e.5r =:-b January 2003 City of Miami Beach Page 45 ~ Project Manual -- 00520 SUPPLEMENT TO BIDITENDER FORM - NON-COLLUSION CERTIFICATE PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this ~.:f5. day of ~VA;-Y / ,2003. 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 ~based upon the documents identified by the following number: Bid No. 75:" 0 I 0;1.. . , SIGNATURE ~kIJ C!-/)U5-r..et/C770;V, l,vc. PRINTED NAME ./ r:ee5/P~ TITLE (IF CORPORATION) City of Miami Beach January 2003 Page 46 ~ - Project Manual 00530 SUPPLEMENT TO BIOITENOER FORM - DRUG FREE WORKPLACE CERTIFICATION PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-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 about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-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 performance 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. January 2003 City of Miami Beach Page 47 ~ Project Manual -- (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 (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (1) through (6). (Bidder Sign /iiAN ~/./~c.-'T7()/./1 me. .. STATE OF ~~/t>~_ ~e (Print Vendor Name) COUNTY OF yI. The foregoing instrument was acknowledged before me this ~8 - day of, {fA:tlP~y 20fl, by /I--:r; Lo v l>~ as_ PA!?.r!!!5Il>EA/'r (title) of 7r~ ~ /MO. (name of person whose si nature is being notarized) (name of corpora ,on/company).Cknown to) e 0 e the person de . herein r who produced as I en I Icatlon, and who did/did no ake an oath. NOTARY PUBLIC: C~l/\/i;i-t~~, ''l'YI (Signature) 1 .' " :rvLlLLli: j' /':fC~' C I , I' 1 " tit') 1'" fl. l'~ 11'11,0/ -f: y' d: (Print Name) C;,f'l'.oT!NE M. VALHUEROI MY (C','MiSSION # DD j 1756R r~~PH~E.~: -June 9. 2006 , Bonded Thru NtJtary Public Unoe.'Wrll'.'.-::- ! ~ _ CHRISTINE~,.. <<~i/, f'~~V'(:Ooo.Al~S!0,\~\lt) "ftS6r . (.YO'IRE::_ _,I:n;. ':~_'~O!(\ : ~-c.1"1"I' f". . -" .... Page 48 City of Miami Beach January 2003 ~ -=- Project Manual 00540 SUPPLEMENT TO BIOITENOER FORM-TRENCH SAFETY ACT PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. 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. -ze~ ~J.jsr;ev C-'T7~~J ~C. Name of Bidder Authorized Signature of Bidder January 2003 City of Miami Beach Page 49 ~ Project Manual - 00500 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. Page 50 City of Miami Beach January 2003 ~ - Project Manual 00600 CONTRACT CONTRACT THIS IS A CONTRACT, by and between the CITY of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and TRAN CONSTRUCTION, INC. hereinafter referred to as CONTRACTOR. WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1. 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 all architectural and engineering services to support individual Job Orders, 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. ARTICLE 2 CONTRACT TIME 2.1. CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the CITY's Procurement Director and a Notice to Proceed issued by the Contract Administrator. The term of the 12 month contract shall commence on the date of the Contract, The maximum contract time is no more than 3 years or when the maximum value of the contract is reached. 2.1.1. Once the Contract is in place, Job Orders will be issued for the individual Job Orders through Notice to Proceeds. The time for completion of individual Job Orders will be contained in the Job Order Notice to Proceed. January 2003 City of Miami Beach Page 51 ~ - Project Manual 2.2. Time is of the essence throughout this Contract. Job Orders shall be substantially completed within the specified calendar days listed on each individual Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within the time specified on each individual Notice to Proceed. 2.3. Liquidated damages may be applied to Job Orders. Upon failure of CONTRACTOR to substantially complete the a Job Order on which liquidated damages are applied, plus approved time extensions, CONTRACTOR shall pay to CITY the sum according to the Schedule of for Liquidated damages listed in Article 19 JOC Supplemental Conditions for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of according to the Schedule of Liquidated damages listed in Article 19 JOC Supplemental Conditions for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. 2.4. CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5. CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the CITY and or Program Manager in administering the construction of the Project beyond the completion date specified in each Job Order RFP, plus approved time extensions. The CITY'S and or Program construction administration costs shall be pursuant to the contract between CITY and Program Manager, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by Program Manager and agreed to by CITY Page 52 City of Miami Beach January 2003 ~ Project Manual ARTICLE 3 THE CONTRACT SUM AND ADJUSTMENT FACTORS 3.1. CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents. The contract is an indefinite-quantity contract with a minimum ordering amount of fifty thousand ($50,000). The maximum amount that maybe ordered under this contract is one million dollars ($1,000,000) per term. The maximum value of the Contract is three million dollars ($3,000,000). 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 the 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 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: 1.0748 3.2.2. Normal Working Hours Construction with Architectural and Engineering Services: 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: 1.1448 3.2.3. 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: 1.0768 City of Miami Beach Page 53 January 2003 ~ Project Manual 3.2.4. Other Than Normal Working Hours Construction with Architectural and Engineering Services: 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: 1.1468 3.2.5. Normal Working Hours Construction using Davis Bacon Wages: 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: 1.1826 3.2.6. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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: 1.2596 3.2.7. Other Than Normal Working Hours Construction using Davis Bacon Wages: 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: 1.1848 3.2.8. Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: 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 City of Miami Beach January 2003 Page 54 ~ - Project Manual Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.2618 ARTICLE 4 PROGRESS PAYMENTS 4.1. For Job Orders of duration of 45 days or less, the CITY will make only one final payment. For Job Orders of duration of more than 45 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, together with such supporting evidence as may be required by CITY. Contractor shall include, but same shall be limited to, at CITY's discretion, with each Application for Payment, an updated progress schedule acceptable to CITY 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 to CITY for approval. 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 Contract Administrator, shall be recommended by CITY and 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. January 2003 City of Miami Beach Page 55 ~ Project Manual 4.3.2. 4.3.3. 4.3.4. 4.3.5. 4.3.6 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. Damage to another contractor not remedied. Liquidated damages and costs incurred by CITY for extended construction administration. 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 Job Order is ready for final inspection and acceptance, CITY and or Program Manager shall, within ten (10) calendar days, make an inspection thereof. If Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CITY and or Program Manager, over its signature, 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 this Contract, 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, and a consent of the surety to final payment; the final corrected as-built drawings: and 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 certificate of the CITY, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Page 56 City of Miami Beach January 2003 ~ Project Manual 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 the final payment. The acceptance of final payment shall constitute a waiver of all claims by contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 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 this 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. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or January 2003 City of Miami Beach Page 57 ~ Project Manual 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 intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 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 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Looez. Procurement Director With copies to: CITY Attornev CITY of Miami Beach 1700 Convention Center Drive Miami Beach. Florida 33139 For Contractor: Tran Construction. Inc. 420 Lincoln Road. Suite (M-1) Miami Beach. Florida 33139 Attn: Henry Louden. President 6.7. Assignment and Performance: Page 58 City of Miami Beach January 2003 ~ Project Manual Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach: 6.8.1. CITY and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. 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. 6.7.1. 6.7.2. 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 shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 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, January 2003 City of Miami Beach Page 59 ~ Project Manual Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all sub- contractors to the provisions of this Contract. 6.1 1 Amendments: 6.11.1. 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 the Board and CONTRACTOR. 6.12 Prior Agreements: 6.12.1. 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 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ~~ ftU~ Robert Parcher, CITY Clerk APPROVED AS TO FORM & LANGUAGE . FOR EXECUTION Page 60 City of Miami Beach January 2003 ~ Project Manual CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE. HENRY T. LOUDE {Secretary) CONTRACTOR [If incorporated sign below.] ATTEST: TRAN CONSTRUCTION, INC. Name of Corporation) ByHENRY T. LOUDEN, PRESIDENT (Signature and Title) Corporate Seal) (Type NamelTitle Signed Above) 27th day of March, 20 03 [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name) By (Signature) (Type Name Signed Above) day of . 20 CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS. FOR DISTRIBUTION. January 2003 City of Miami Beach Page 61 Nielson, Alter & Associates, Inc. Bond Department Public Works Bond IN COMPLIANCE WITH FLORIDA STATUTES 255.05(1)(a) Bond No. 103978566 Contractor Tran Construction, Inc. Contractor Address 420 Lincoln Road Miami BeachFL33139 Contractor Phone No. (305) 673-5427 Surety Company Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Surety Address Surety Phone No. (860) 277-0111 Owner Name The City of Miami Beach Owner Address 1700 Convention Center Drive Miami Beach, FL 33139 Owner Phone Number (305) 673-7495 Obligee Name (If contracting entity is different from the owner, the contracting public entity) Obligee Address Obligee Phone No. Contract No. (If Applicable) JOC 75-01/02 Project Name Job Order Contract Capital Improvement Projects Project Location Miami Beach, FL Legal Description and Street Address Various Locations Description of Work Construction FRONT PAGE All other bond pagers) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. ~ Project Manual Bond No. 103978566 00710 FORM OF PERFORMANCE BOND BY THIS BOND, We TRAN CONSTRUCTION. INC. , .. . Travelers Casualty and Surety as Pnnclpal, hereinafter called CONTRACTOR, and Company of America as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of One Million Dollars ($1,000,000), 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.: JOC 75-01/02 ,awarded the 19th day of March, 20 03 , 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. Performs the Contract between CONTRACTOR and CITY for construction of Job Order Contract JOC 75-01/02 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 of 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 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: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or January 2003 City of Miami Beach Page 63 ~ Project Manual - 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 Contract Price; 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 Contract Price," 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. 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. 5. 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 3rd day of April ,20 03 Page 64 City of Miami Beach January 2003 I l I , ~ Project Manual WITNESSES: ~~ tAre I C~5$i) (CORPORATE SEAL) IN THE PRESENCE OF: Tran Construction, Name of Corporation) By (Signature t(Jt//#P-7f~~-;- (Type Na e/Title Signed Above) ~ daYOf~, 20 1>3 M~ANY alty afid sure~mpany of meric ~ Agent and Attorney-in-Fact Warren M. Alter One Tower Square (Address: Street) Hartford, CT 06183 (City/State/Zip) Telephone No.: (860)277-0111 January 2003 Page 65 City of Miami Beach ~,. Travelers ~ . IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE . .~. On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to le.t you knowwhat effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government. will pay a share of such losses. Specifically,. the Federal Government will pay 90% of the amount of cov~red losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has . been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. : IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 19th day of December, 2002. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY .' ~~.WlMIIU/(1/I. #'A.... '''<r,.,.,~ f~7-'" \\ {5' plAllTFO~ ~ ; ~'Ii,,\.COON.....~~'1 ~:.:~ /~C7~.~~ - By George W. Thompson Senior Vice President On this 19th day of December, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. XY\~ c..~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 3rdri April , 2003 day of " ~-IU- '" p; - By ~ Kori M. Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COl'vlPANY OF AMERICA TRAVELERSCASUALTYM~SURETYCOMPANY FARMITNGTONCASUALTYCOl'vlPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT , KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, of Miami Lakes, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if.the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) dJlly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: 11Iat the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) ~ Project Manual Bond No. 103978566 - 00720 FORM OF PAYMENT BOND BY THIS BOND, We TRAN CONSTRUCTION. INC. , as Travelers Casualty and Surety Principal, hereinafter called CONTRACTOR, and Company of America as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of One Million Dollars ($1,000,000) 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.:JOC75-01/pawarded the 19th day of March , 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 Page 66 City of Miami Beach January 2003 ~ Project Manual delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 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 19th day of March ,20 03 (Signature Tran Construction, Name of Corporation) By (CORPORATE SEAL) r: I/)~/~ -?~/A-r- ame/Title Signed Above) IN THE PRESENCE OF: Company of AQent and Attorney-in-Fact Warren M. Alter One Tower Square (Address: Street) Hartford. CT 06183 (City/State/Zip) Telephone No.:(860) 277-0111 January 2003 City of Miami Beach Page 67 ~ Project Manual - 00721 CERTIFICATE AS TO CORPORAl"E PRINCIPAL I, IIM.;YT. UV'L~ , certify that I am. the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance BOnd and Paym~nt Bond); that ./leM');7: kv-/d'If, who signed the Bond(s) on behalf of the Principal, was then ~ft/#ttt- of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on . behalf of said corporation byauthority of its govemin ody. (SEAL) STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, .. appeared . ~ r; L",p/~ to 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 arid Sworn to before me this 7 iL day of +yJ / My commission expires: CHRISTINE M. VAU1UERDI MY COMMISSION # DD 117568 EXPIRES: June 9, 2006 Bonoect Thru No!ary Public Unde!Wmers Bonded by . Page 68 City of Miami Beach January 2003 ~.. Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE " , . .:' On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the. "Act"), The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you knowwhat effect, if any, the Act will have on your premium. ... ;'.' Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. . Specifically, . the Federal Government will pay 90% of the amount of cov~red losses caused by certain acts of terrorism which is in excess of Travelers' . statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has . been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COl'vIPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARNITNGTONCASUALTYCOMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT , KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M. Alter, of Miami Lakes, Florida, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is ftIed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (II -00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 19th day of December, 2002. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD ..,,4~~ "i<r_=~~\ I J plARTFORll.\ ~ i ~~....\ CONN'#I.// ~"'" ...._.....:~.... 'l .. ~of .- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMITNGTONCASUALTYCOMPANY /~O'-~>~ - By George W. Thompson Senior Vice President On this 19th day of December, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERJCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. XY\~ e.~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resollltions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office ohhe Company, in the City of Hartford, State of Connecticut. Dated this April ,20 03 3rd day of ..I1J'.".~ ;,Il'" W'tr, .!j -.... C'~ /!r:trrFO~ ~. ~~\. CONN'f)~ ~... .~_..<~~ 'l .. ..... .-~ =r;;;c - I'M- r--. tP - By ~ Kori M. Johanson Assistant Secretary, Bond t A CORa. CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDIYYYY) 02/26/2003 PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE & French Group Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 9315 Miami lakes, Fl 33014-9315 INSURERS AFFORDING COVERAGE NAIC# INSURED Tran Constructlon, Inc. INSURER A Amerisure Mutual Ins Co 420 lincoln Road INSURER B: Amerisure Insurance Co 09088 Suite M-1 INSURER c: Miami Beach, Fl 33139 INSURER D. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IIN~: ::.~~: TYPE OF INSURANCE POLICY NUMBER P~Al{iY EFFECTIVE PR~!fI:Y EXPIRATION UMITS GENERAL LIABILITY CPP1328879 01/01/2003 04/01/2004 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,00C I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10 , OOC A PERSONAL & AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 , 000 , 000 f-- 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ h POLICY m ~~~T n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- (Ea accident) $ ANY AUTO f-- 7) ALL OWNED AUTOS ~ BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) f-- HIRED AUTOS ~11J BODILY INJURY I-- ~I>'S (Per accident) $ NON-OWNED AUTOS I-- - PROPERTY DAMAGE $ (Per accident) GARAGE UABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WCZ0074430001 03/01/2003 03/01/2004 I WC STATU-, I IOJ~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 500,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE 500,000 OFFICERlMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under E.L DISEASE - POLICY LIMIT $ 500 , 000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS :ertificate holder is additional insured on the general liability policy for operations performed oy the named insured as respects to Construction work through out the City of Miami Beach DER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -19- DAYS WR EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CH NOTICE SHALL IMPOSE NO PRES Miami Beach, City of 1700 Convention Center Drive Miami Beach, Fl 33139 David Al ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ~~/D~/LDD~ DI:qL j~bbf35428 04/08/2003 15:08 F~X f 4/'/O~ 08,5' Enterprise Rent'A'csr CONSTRUCTION 'tr I lIB Scrugp ..TrIlCOY"M fenn.1 I PAGE 02/02 IiPJ 0021002 ua TMIII cl!llTIFlCATlIll....rD FOR INFCR*TION PURIIO'. ONLY loNg =NII.,..IIO RlGIIIT8 uPON THE clll.TlFlCATe KOLD.,,, T~ c;PlTlFICA'TE 01' UQR,ITY INIIURAIiCE IXlSII HOT AIlIIND, ElloTD/D, OR ...~ TER THE COIf!Il"OI Ml'O'UlliD BY THE POLICIES lWT'EO -- .. INSUReRS: A: ! U"~l!!d State& Fi311ty & Guaranty CERTIFICATE OF LIABILITY INSURANCE .- DATE: (MtiIIOD/V'Y'Y'l'l 04'0S12003 [PRODUOliR MInt! USA lne. 101 BROKER. 800 MIlrket 51.... 1kI118 2600 51. Lou~. MD 63101 Pltone: (31") 512441$ B! I C:I L-_~ D~C= IE- I St. LOUI', r,AO 153105 I L. __ . __ --. - .-..--. .-..,. ---. TJ;S INIlUlWlICl! POLICIES LI$TeD llLOW MIlE l!!EEN IMUEO TO TOlE INSUREQ NAMED ABellIE FOR TI-Il! ~L1CY PERIOD Llmg, ~TWlTtlSTAtlDINGAN'f REQUIREMENT. T!IIM 01l CONDITION QF IWY CONTAACT 0I'l OTHER DOCI.IMEiNT l/\IIfH RESPEcT TO WHICH THIS CEIITlI'1CA'I1l Of LlI\liMUTY lNaullANCE MAY BE ISSUED o~ lJ,AY F'eRTA;IC. THE IrGURMtCE;; I\FPOltDeO BY THE POLICI~ u51'ED B1iLOW Ie ~ SUIMiCT TO AlL 'l'HE TER,..S. EXCI.U$IONI AND CONI:lITlON$ of llUCH I'CLICI!;s. AGGREGAAfE ~lMlT$ SHOW\Il MAY HAVE BEEN IU!PUCED BY PAID CLAIMI. .._-. ,_, --- . .. ...... COVIRAGIIIl INIUI'ED: TIBn Construotlon. Inr:; & Enterprise Rent-A-OIIr Company !II al. 600 Co/TlOl1lle Part< cr. INSUIlEIl T'IF'E OF IN8UAANe& PO~ICY NUMBER EFFECTIVE OATe EXl'IAATION OATE LI/llttS I u;T'TER - f I - --. --l Ge~ lJABlLITY OOMM&flClAL GENEAAL llAllLITY Cl.AlMS ~ " . OCCURENCE 'Ir' t~ ~/.., I .. -,..- ~~o~ll1"Mom ,- _..~ AUTOMOlJIILI! LlA81llTY Contillld $qIIe lJr!M; S1.llClO,l)IXl ~ANT AUTO fA AU. OWNEC AUTOS D00.2AOOO17 BodI\III'IlUY p8l' P.rson: acHI!DULEDAUTQS 129308 I HIREg AUTOS 80dtt l1iIl' pi\' /IOC. ONDI+OWNIDAUTCS I I PIQlIllly lJMlIge: IiCStt SELOW GAAAGE UABll.lTT NoN AUTO UMBRil.l.A OTHM ThIn UMBREtLA Form I GWILOYEIlIS' LIABILITY' ,n_,w - I I I ~- - , .- ~"TION: Pglll'j prcMdtI IIIotec1c1tt for H<< J.NO AL~ OPERATlONSlJClBS I*fo.mea IIY lilt IIIInlla lllllnll. ....., AadIfOtllllnslndsrovl_1lII PoIaV U '111111'1" Ily \WlIml1llll'1ftCl. -NllI'Wllde I ~ RIm ErNrpnse FIlII SIINIClS ~ 1lW CClf'IIlId lncUIeI..o 1r8_ ~e, I ~~ I GPBIl 41" L AUTHORI;::;,..:!:TIVE: ~ CANe:J:LLAT'IClN! I SHOULD AIfi OF 1lI1i AilOV1i POLICIES BE cA.NCEI.IJiD iIEFO"E THI! WIAATION J M1E THEl'EOF. r~ IllSlJlNo.lrISUFlEII WILL ENDEAVOR TO MAlL JDAYlI WRITTEN NOTICE TO TH!CER11Fl1:ATli tfOLDEA NAMlOiO THE LI~ I, IVT I FoIIILUFlE! TO CO ~ IlolAI.l.IMIPOAE! NClOlUII/IoTlOtl CI'l L~IIILITYOF A"''''1<INO ... UPON TlolE INSU/ll!~, ITS Al3eNT8 0" FlI!I>ftUlNTATrvg . ~_c.,,_It"" ~ Project Manual -- 00708 / XXX 1. ./" XXX 2. -)t XXX 3. _4. ./' XXX 5. XXX 6. ~ /' XXX 7. ~ xxx 8. ~ XXX 9. FORM CERTIFICATE OF INSURANCE INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 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) . Automobile Liability - $1,000,000 each occurrence - owned/non- owned/hired automobiles included. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: Builders Risk completed value $ Liquor Liability $ Fire Legal Liability $ Protection and Indemnity $ Employee Dishonesty Bond $ XXX Professional Liability $ Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the Quote number and title .00 .00 .00 .00 .00 250,000.00 VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Bid opening. 7Y~ ~5-/;i,dtfncl "C. -' Contractor Sign Page 62 City of Miami Beach January 2003 CGC060092. Q61.1.0/0'2. 011129394 --" ~'::.\'- ;'.~ . STATEOFFLORIDA.. AC# 04~1139..,. . . DEPARTMENT.O:f" BUSINESS AND '. . . PRO:f"ESSIONA~<~EGULATIONY.; CERTI:f"IED GENERAL. CONTRACTOR LOUDEN, HENRY ;TRAN'..".. TRAN CONSTRUC::TION:p~C;: . ""':'~':"':' :;":.::~:-;'" . . IS CERTIFIED UDcI.r.th~ prov.idonl of cb.489 WS. Expirationcl.t.. AUG 31, 2004, SEO tI.02061001642 ~ Project Manual 00800 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: A. Project Manual, Volume I B. Addenda, if any C. Plans and Drawings, if any D. Construction Task Catalog, Volume II E. Standard Specification of the CITY, State or Federal Government, if any F. The Job Order G. Technical Specification, Volume III H. Proposal and Acceptance Forms I. Invitation to Bid J. Bonds K. Insurance 1.3. The Project Manual includes any general and JOC Supplemental Contract conditions or specifications attached hereto. 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, free of charge, three (3) copies of the Project Manual, and (1) copy of the CTC and Technical Specifications, which shall be preserved and always kept accessible January 2003 City of Miami Beach Page 71 ~ Project Manual - to CITY and or Program Manager authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: 2.1. It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. 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 Job Order site, a conference attended by CONTRACTOR, CITY and or Program Manager and others as deemed appropriate by 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 00710 and 00720. 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract of one million ($1,000,000) dollars guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or Page 72 City of Miami Beach January 2003 ~ -=- Project Manual subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. If the option terms are exercised the CONTRACTOR shall furnish additional bonds in the amount of $1,000,000 each. 4.3. Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety: 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, January 2003 City of Miami Beach Page 73 ~ Project Manual - reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratinqs Cateaorv 500,001 to 1,000,000 1,000,001 to 2,000,000 2,000,001 to 5,000,000 5,000,001 to 10,000,000 10,000,001 to 25,000,000 25,000,001 to 50,000,000 50,000,001 or more B+ B+ A A A A A Class I Class II Class III Class IV Class V Class VI 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 this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought Page 74 City of Miami Beach January 2003 ~ Project Manual against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 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 & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of Five Hundred Thousand ($500,000) 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. January 2003 City of Miami Beach Page 75 ~ Project Manual - 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. 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 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 Five Hundred Thousand ($500,000) 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. 7.1.4. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction Page 76 City of Miami Beach January 2003 ~ Project Manual shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the CITY's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the CITY of Miami Beach, Florida. This official title shall be used in all insurance documentation. 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. 7.7. Professional Liability Insurance: If the scope of work of this contract, as determined by individual Work Orders, includes professional services which require signed and sealed documents, then the Contractor shall provide evidence of Professional Liability Insurance from the Architect/Engineer of record with policy limits no less than January 2003 City of Miami Beach Page 77 ~ Project Manual - $250,000 per claim. Evidence of said Professional Liability Insurance shall be submitted to the CITY prior to the commencement of the professional service. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power 7 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. Royalties and Patents: 9.1. 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. 10. Weather: 10.1. Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 39. 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: 10.1.1. 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 10.1.2. 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. Page 78 City of Miami Beach January 2003 ~ Project Manual 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the JOC Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. The General Contractor's Building Permits, Public Works Permits and Zoning Permits will be reimbursed by the CITY for the cost of the Permit only as a non pre- priced task 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. 11.2. Impact fees levied by the CITY and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality and submitted to CITY as a non pre-priced task. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. 12. Resolution of Disputes: 12.1. 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 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 12.2. 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 January 2003 City of Miami Beach Page 79 ~ Project Manual - 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. 12.2. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 13. Inspection of Work: 13.1. 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. 13.1.1. 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 Manager, it must, if required by CITY and or Program Manager, be uncovered for examination and properly restored at CONTRACTOR's expense. Page 80 City of Miami Beach January 2003 ~ Project Manual 13.1.2. 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 Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of the CITY and or Program Manager. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of CITY 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, a full- 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. 13.2. 13.3. January 2003 City of Miami Beach Page 81 ~ Project Manual - 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of, CITY and 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. 14.3. 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. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform 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. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any Page 82 City of Miami Beach January 2003 ~ -=- Project Manual 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 equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement January 2003 City of Miami Beach Page 83 ~ Project Manual - costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications. reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Right to Stop Work or Terminate Contract: 16.1. 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), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to Contract Administrator in accordance with the provisions of Article 12 hereof. 17. Assignment: 17.1. 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. 18. Rights of Various Interests: 18.1. 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 Page 84 City of Miami Beach January 2003 ~ Project Manual established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differing Site Conditions: 19.1. 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 CONTRACTOR's 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 Contract Price by initiating another Job Order based on the new Detailed Scope of Work, or the Contract Time, or both. If CITY and or Program Manager and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Contract Administrator for determination in accordance with the provisions of Article 12. 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. 19.2. 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. 19.3. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions January 2003 City of Miami Beach Page 85 ~ Project Manual - shall be allowed if made after the date certified by CITY and Program Manager as the date of substantial completion. 20. Plans and Working Drawings: 20.1. 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. 21. CONTRACTOR to Check Plans, Specifications and Data: 21.1. 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 Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to the CITY and or Program Manager. 22. CONTRACTOR's Responsibility for Damages and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: 23.1. 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 Page 86 City of Miami Beach January 2003 ~ Project Manual properly approved and authorized, may be considered defective. If required by CITY and or Program Manager, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 23.2. 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. 23.3. 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 Work 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." 23.4. 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 for a period of one year from the date of the last repair or replacement. 24. Supplementary Drawings: 24.1. 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 and or Program Manager or the Contractor may be requested to prepare Architectural Services to document the Detailed Scope Of Work. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original Detailed Scope of Work, appropriate adjustments shall be made by issuance of an a Job Order along with the required documentation. January 2003 City of Miami Beach Page 87 ~ Project Manual - 25. Defective Work: 25.1. 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. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by 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 all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes: 26.1. 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 Page 88 City of Miami Beach January 2003 ~ Project Manual complying with all requirements. Sales Tax has been included in the material and equipment cost of the unit prices. 27. Subcontracts: 27.1. 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. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to payor 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. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. 27.4. For Contract #72.01/02 Public Works Contract CONTRACTOR shall perform the Work with its own organization, amounting to not less 30% of the Contract Price. For Contracts #71.01/02 Capital Improvements Projects and #73.01/02 City Wide, CONTRACTOR shall perform the Work with its own organization, amounting to not less than 10% of the Contract Price. The participation will be an accumulative participation over the contract. 27.5 Execution of Subcontracts: 27.5.1. The Contractor shall provide with each Job Order Price Proposal a list of proposed subcontractors and type of work being performed. This list shall be provided on a form provided by CITY. 27.5.2. The Contractor shall not commit to or finalize subcontracts with any subcontractors until receipt of approval of each subcontractor and receipt of a Job Order by the CITY. No subcontractor shall be used that is excluded from Federal, State or CITY of Miami Beach procurement programs nor January 2003 City of Miami Beach Page 89 ~ Project Manual - those who have been debarred or otherwise excluded from the CITY procurement system. 27.5.3. Upon receipt of a 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. 27.5.4. If the CITY rejects any sub contractor 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 Price Proposal. 27.6. 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. 27.7. 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. 27.8. 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. 27.9. Wherever the word Subcontractor appears, it also means sub- Subcontractor. 27.10. 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 fully 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 stipulate that all labor performed and materials furnished thereunder shall strictly comply with the requirements of the Contract. 27.11. The agreement between the Contractor and its Subcontractors shall contain the same terms and conditions as to method of payment for Page 90 City of Miami Beach January 2003 ~ Project Manual Work, labor and materials, and as to retained percentages as are contained in this Contract. 27.12. 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. 27.13. 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. 27.14. 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. 27.15. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the CITY. 27.16. No Subcontractor shall be permitted to perform Work at the Site until it has furnished satisfactory evidence of insurance as required by the CITY. 27.17. The Contractor shall promptly, upon request, file with the CITY a conformed copy of any subcontract. 27.18. Contractor Liable and Responsible To CITY: 27.18.1. 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. 27.18.2. 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 January 2003 City of Miami Beach Page 91 ~ Project Manual - him. The Contractor shall control and coordinate the Work of its Subcontractors. 27.18.3. 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. 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect 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. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to the CITY and or Program Manager any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable Page 92 City of Miami Beach January 2003 ~ -=- Project Manual extra compensation, or reasonable extension of time or both, as recommended by Program Manager and or CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR 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 00925 from the CITY and or Program Manager. 29.2.3. 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. 29.2.4. 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. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. January 2003 City of Miami Beach Page 93 ~ Project Manual - 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR'S own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions: 31.1. 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 any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existing Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR'S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. Page 94 City of Miami Beach January 2003 ~ Project Manual 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 33. Value Engineering: 33.1. CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to the CITY and or Program Manager in writing. The CITY and or Program Manager will be the sole judge of acceptability, and no substitute will 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 Change 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 Contract Price or Contract 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 Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuing the Work: 34.1. 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 Change Order, are quest for a change in the Contract Price or Contract Time. The January 2003 City of Miami Beach Page 95 ~ Project Manual - Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders issued through a Job Order with the required Documentation. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders through a Job Order with the required Documentation executed only by CITY as hereinafter provided. 36. Field Orders and Supplemental'nstructions: 36.1. The Contract Administrator, through the CITY and or 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 Contract Price or the Contract Time. 36.2. 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 Contract Price or the Contract Time. 37. Change Orders: 37.1. The CITY without invalidating the Contract, may order changes in the Work by altering, adding to or deducting from the Job Order, by issuing an additional Job Order. All changes are to be Owner initiated as a result of: 1) change in the original scope of work or 2) a hidden condition requiring the use of work tasks or non pre-priced tasks not in the Contractor's original Price Proposal. All such Work shall be executed under the conditions of the original contact. Page 96 City of Miami Beach January 2003 ~ Project Manual 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. Changes will be considered as a new Job Order and such will follow the procedures outlined in Article 12 of the Ordering Procedures in the JOC Supplemental Conditions. Changes in the quantity or character of the Work within the scope of work of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders, issued with a Job Order with the required documentation and approved in advance and issued in accordance with the provisions of the CITY. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. 37.6. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Contract Administrator as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.7. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Change Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined as followings: 38.2. All changes, or order of extra Work shall be paid for at the Unit Prices set forth in the Construction Task Catalog or as Non Pre-priced 37.2. 37.3. 37.4. 37.5. January 2003 City of Miami Beach Page 97 ~ Project Manual - Tasks. Credits for the omission or reduction of Work shall be paid in the same manner. 38.3. For each change, omission or extra work ordered by the CITY, the contractor shall submit a Job Order Price Proposal in writing to the CITY stating a lump sum amount and shall state the extent to which the contract time shall thereby be increased or decreased. 38.4. All Job Order Price Proposals shall be submitted promptly. 39. Notification and Claim for Change of Contract Time: 39.1. Any claim for a change in the Contract 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 judgement within five (5) days. If the CITY and CONTRACTOR cannot agree, a determination shall be determined by Contract Administrator in accordance with Article 12 hereof. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages for Delay: 40.1. 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 shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or Page 98 City of Miami Beach January 2003 a. Project Manual 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 Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay; Compensable; Non-Compensable: 41.1. Excusable Delay: Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. 41.2. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. 41.3. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 41.3. Excusable Delay may be compensable or non-compensable: 41.4.1. Compensable Excusable Delay: 41.4.1.1. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. 41.4.1.2. 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 38 hereof. 41.4.1.3. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise January 2003 City of Miami Beach Page 99 ~ Project Manual - 41.4.2. actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be as listed in Article 19 of the JOC Supplemental Conditions per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. Non-Compensable Excusable Delay: 41.4.2.1. 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. 42. Substantial Completion: 42.1. When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and 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 Work or designated portion thereof is substantially complete, it will Page 100 City of Miami Beach January 2003 ~ -=- Project Manual then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete ail of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: 43.1. 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 (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 43. Shop Drawings and Samples: 44.1. 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. 44.2. Within the time specified on the RFP in calendar days after the Project Initiation Date specified 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 January 2003 City of Miami Beach Page 101 ~ Project Manual - Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. 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 Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CITY and or Program Manager. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CITY and or Program Manager along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CITY and or Program Manager. Re-submissions of Shop Drawings shall be made in the same quantity until final approval is obtained. Page 102 City of Miami Beach January 2003 ~ Project Manual 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CITY's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. During the construction of a JOC 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 and recording work is included in the bid adjustment factors. All record drawings shall be made on reproducible paper and shall be delivered to CITY and or Program Manager prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CITY and or Program Manager for reference. 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CITY and or Program Manager as listed in Article 46. If no drawings were provided by the CITY or developed by the Contractor, the City may require the Contractor, at no expense to the CITY, 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. 46. As-Built Drawings: 46.1. 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: 46.2. Changes and deviations between the Work as shown on the Contract Documents (if drawings provided by the CITY or developed by the January 2003 City of Miami Beach Page 103 ~ Project Manual - Contractor) and shop drawings indicating the Work as actually installed. 46.3. 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. 46.4. Equipment schedules indicating manufacturer's names and model numbers. 46.5. 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. 47. Safety and Protection: 47.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 47.2. CONTRACTOR shall comply with all applicable 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 32 above, caused directly or indirectly, in whole or in part, by Page 104 City of Miami Beach January 2003 ~ Project Manual 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 29 hereof. 47.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to CITY. 48. Payment by CITY for Tests: 48.1. Except when otherwise specified in the Contract Documents and or RFP, the expense of all tests requested by CITY and or Program Manager shall be borne by CITY and performed 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. 49. Project Sign: 49.1. Any requirements for a project sign shall be as set forth in the Detailed Scope of Work and or Technical Specifications. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY and or Program Manager has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. January 2003 City of Miami Beach Page 105 ~ Project Manual - 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the CONTRACTOR to additional Contract Time as non- compensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up; CITY'S Right to Clean Up: 51.1. 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. 52. Removal of Equipment: 52.1. 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. 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: 53.1. 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 Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and 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. Page 106 City of Miami Beach January 2003 ~ Project Manual 53.2. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 53.3. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of CITY of Miami Beach Ordinance No. 92-2824 in performing any services pursuant to this Agreement. 54. Project Records: 54.1. 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 Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. 55. Occupational Health and Safety: 55.1. 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: 55.2. The chemical name and the common name of the toxic substance. 55.3. The hazards or other risks in the use of the toxic substance, including: 55.3.1. The potential for fire, explosion, corrosion, and reaction; 55.3.2. 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 January 2003 City of Miami Beach Page 107 ~ Project Manual - 55.3.3. The primary routes of entry and symptoms of overexposure. 55.4. 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. 55.5. The emergency procedure for spills, fire, disposal, and first aid. 55.6. 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. 55.7. 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. 55.8. Asbestos: 55.8.1. THE CONTRACTOR IS WARNED THAT EXPOSURE TO AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH FOUR DISEASES: LUNG CANCER, CERTAIN GASTROINTESTINAL CANCERS, PLEURAL OR PERITONEAL MESOTHELlOMAAND 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. 55.8.2. The Contractor is advised that friable and/or 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. Nonfriable 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. Page 108 City of Miami Beach January 2003 ~ Project Manual 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. 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. 55.8.5. Maintenance, modification, or demolition activities where exposure to asbestos dust may occur from previously installed friable or nonfriable 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. 56. Environmental Regulations: 56.1. 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 and/or violations, notices and dispositions thereof. The non-submission of any such documentation 55.8.3. 55.8.4. January 2003 City of Miami Beach Page 109 ~ Project Manual - 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. Page 110 City of Miami Beach January 2003 ~ Project Manual 00900 SUPPLEMENTARY CONDITIONS PAGE INTENTIONALLY LEFT BLANK January 2003 City of Miami Beach Page 111 ~ Project Manual - 00923 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated ,20 Contractor By By (Signature) (Name and Title) STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this of, 20_, by personally known to me or who has produced identification and who did/did not take an oath. day who is as 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) Page 112 City of Miami Beach January 2003 ~ Project Manual DAVIS BACON WAGE DECISIONS AND ASSOCIATED INFORMATION The prevailing wage rates, General Decision Number FL020001, Superseded General Decision No. FL01 0001. October 4,2002 by the Secretary of Labor State of Florida, with respect to the Job Order Contract(s) follow this page. Wage decision changes, such as modifications and superseding decisions, shall be effective, if published before contract award, unless prior to their issuance by the Secretary of Labor, construction has started, the mortgage has been initially endorsed, or bids have been opened. Please note that the Contractor will be required to certify that all laborers and mechanics engaged in the construction of the project, including those employed by the subcontractors, have been paid at least the wage rate required by the effective wage decision, including all changes and additions on projects which are identified by the CITY as federally funded. The reference wage decisions will be in effect for twelve (12) months from the date the Contract is executed. Thereafter, if CITY executes an option to extend the Contract for an additional term(s) new wage decisions or modifications thereto will be issued and effective for the next twelve months. The Contractor's adjustment factors will be modified according to Article 6 of the JOC Supplemental General Conditions. January 2003 City of Miami Beach Page 113 Project Manual ~ ~ GENERAL DECISION FL020001 10/04/2002 FL 1 Date: October 4, 2002 General Decision Number FL020001 Superseded General Decision No. FL010001 State: Florida Construction Type: BUILDING County(ies): DADE BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including four (4) stories). Modification Number o 1 2 3 4 5 6 7 COUNTY(ies): DADE ASBE0060A Publication Date 03/01/2002 03/29/2002 04/05/2002 05/10/2002 06/07/2002 07/05/2002 07/26/2002 1 0/04/2002 09/01/2002 Rates Fringes ASBESTOS WORKERS/HEAT AND FROST INSULATORS 26.13 6.86 ------~---------------------------- ----------------------------------- * ELEC0349A 06/01/2002 Rates Fringes ELECTRICIANS (Including Fire Alarm Installation): Electrical contracts including materials that are less than $2,000,000 20.50 4.30 + 8% Electrical contracts including Page 114 City of Miami Beach January 2003 ~ Project Manual materials that are over $2,000,000 22.96 ------------------------------------ ----------------------------------- ELEV0071A 11/01/2001 4.30 + 8% Rates Fringes ELEVATOR MECHANICS 25.285 7.455+A FOOTNOTE FOR ELEVATOR CONSTRUCTORS: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. ------------------------------------ ----------------------------------- ENGI0487A 10/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: Boom Truck Operator Crane (Including Truck Crane) Crane Oilier (Including Truck Crane) Pile-drivers 19.23 22.40 16.15 19.25 ------------------------------------ ----------------------------------- IRON0272B 1 % 1/2002 Rates Fringes IRONWORKERS: Ornamental Reinforcing Structural 19.25 19.25 19.25 ------------------------------------ ----------------------------------- PLUM0519A 09/16/2002 PLUMBERS Rates 21.87 ------------------------------------ ----------------------------------- PLUM0725A 07/16/2002 PIPE-FITTERS (Including HVAC) Rates 23.95 ------------------------------------ ----------------------------------- SFFL0821A 07/01/2002 Rates Fringes 3.40 3.40 3.40 3.00 4.45 4.45 4.45 Fringes 5.28 Fringes 6.50 January 2003 City of Miami Beach Page 115 Project Manual ~ - SPRINKLER FITTERS 21.20 ----------------------------------- ----------------------------------- SHEE0032C 03/03/2002 Rates Fringes SHEET METAL WORKERS (Including HV AC duct work) 22.40 ----------------------------------- ----------------------------------- SUFL1027A 03/04/1999 ACOUSTICAL TILE INSTALLER BRICKLA YERS/BLOCKLA YERS CARPENTERS (Including Drywall Hanging and Batt Installation) CARPET LAYERS CEMENT MASONS/CONCRETE FINISHERS DRYWALL FINISHERS GLAZIERS LABORERS: Unskilled (Including Mason Tending) Pipelayers Plasterer Tenders PAINTERS, BRUSH PLASTERERS POWER EQUIPMENT OPERATORS: Backhoe Bulldozer Grader Loader Concrete Pump Operator Roller ROOFERS TILE SETTER TRUCK DRIVERS Rates 10.00 15.36 12.90 14.25 14.50 12.50 13.05 8.70 13.81 10.09 9.61 15.05 15.71 14.58 15.93 15.04 14.78 12.84 9.99 12.50 10.95 ----------------------------------- ----------------------------------- 7.52 6.36 Fringes 0.62 2.40 3.15 2.42 2.85 2.85 2.85 2.85 2.85 0.87 1.83 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Page 116 City of Miami Beach January 2003 ~ Project Manual Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1 )(vii). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1. Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2. If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: January 2003 City of Miami Beach Page 117 ~ Project Manual - Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4. All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 118 City of Miami Beach January 2003 ~ Project Manual GENERAL DECISION FL020044 03/01/2002 FL44 Date: March 1, 2002 General Decision Number FL020044 Superseded General Decision No. FL010044 State: Florida Construction Type: HIGHWAY County(ies): DADE HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structions in rest areas projects, and railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation: bridges involving marine construction; other major bridges). Modification Number Publication Date 0 03/01/2002 COUNTY(ies): DADE SUFL3009A 08/01/1993 Rates Fringes BRICKLA YERIMASON 11.00 CARPENTERS 11.72 CONCRETE FINISHER 12.22 ELECTRICIAN 14.42 FENCE ERECTOR 12.00 FORM SETTER 10.52 GUARDRAIL ERECTOR 7.55 LABORERS: Asphalt Raker 8.23 Pipelayers 9.14 Unskilled 7.55 IRONWORKERS: Reinforcing 13.52 Structural 14.65 PAINTERS 11.62 January 2003 City of Miami Beach Page 119 ~ - - Project Manual POWER EQUIPMENT OPERATORS: Asphalt Distributor Asphalt Paving Machine Operator Asphalt Screed Backhoe Boom-Auger Operator Bulldozer Concrete Joint Saw Concrete Curb Machine Crane, Derrick, or Dragline Earthmover Forklift Op. Front End Loader: 1 cu. yard and under Over 1 cu. yard Grademan Gradall Guardrail Post Driver Operator Mechanic Milling Machine Milling Machine Grade Checker Motor Grader Mulching Machine Oiler, Grease Man Pavement Striping Machine Pavement Striping Machine Nozzleman Piledrivers: Leadsman Operator Power Subgrade Mixer 8.50 Rollers: Finish Rough Self Prop. Rubber Tire Scraper Sign Erector Small Tool Operator8.05 Tractor, Light Trenching Machine Widening Spreader Machine TRAFFIC CONTROL SPECIALIST 8.67 10.48 9.22 11.27 10.14 10.40 11.86 10.93 13.59 9.57 8.00 9.29 9.68 7.64 10.50 10.75 12.00 8.71 7.78 11.52 7.75 12.21 9.34 7.91 14.77 13.71 9.18 7.66 9.20 7.55 11.65 7.83 8.19 8.50 7.95 Page 120 City of Miami Beach January 2003 ~ Project Manual TRAFFIC SIGNALIZATION: Installer Mechanic TRUCK DRIVERS: Low-Boy Single & Multi-Rear Axle 8.61 11.47 8.63 8.05 WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1 )(v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1. Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: January 2003 City of Miami Beach Page 121 ~ Project Manual - Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2. If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4. All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 122 City of Miami Beach January 2003 ~ Project Manual 00925 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: (name, address) CITY AND OR PROGRAM MANAGER: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: 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 are not to be determinative of the achievement or date of Substantial Completion. January 2003 City of Miami Beach Page 123 ~ Project Manual - 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 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: Page 124 City of Miami Beach January 2003 ~ Project Manual 00926 FINAL CERTIFICATE OF PAYMENT (name, address) CITY AND OR PROGRAM MANAGER: PROJECT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: PROJECT NUMBER: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: 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 and/or Program Manager By Date CITY, 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 January 2003 City of Miami Beach Page 125 ~ Project Manual - 00930 FORM OF FINAL RECEIPT The following form will be used to show receipt of final payment for this Job Order. FINAL RECEIPT FOR CONTRACT NO. 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 ail 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: Name By Secretary Title (CORPORATE SEAL) Date: [If not incorporated sign below.] Page 126 City of Miami Beach January 2003 ~ Project Manual CONTRACTOR WITNESSES: Name By Date: January 2003 City of Miami Beach Page 127 ~ Project Manual -- 01000 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. Page 128 City of Miami Beach January 2003 ~ Project Manual ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 TABLE OF CONTENTS FOR THE JOC SUPPLEMENTAL GENERAL CONDITIONS THE CONTRACT ........................................................... ............129 INTERPRETATION OF THE CONTRACT DOCUMENTS .........130 CONTRACT PERFORMANCE PERIOD ....................................131 OPTION TO EXTEND CONTRACT PERFORMANCE ..............131 OPTION TO UNILATERALLY EXTEND CONTRACT................131 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE OPTION PERIODS ONLY) ........................................................132 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ..133 CHARACTER OF THE WORK...................................................133 MEANS AND METHODS OF CONSTRUCTION .......................133 CONTRACTOR'S STAFF...........................................................134 COMPETENCE OF WORKMEN ................................................134 ORDERING WORK..... ....................... ........................................135 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR WITH THE WORK......................................................................140 MEASUREMENTS TO BE VERIFIED........................................140 FINAL INSPECTION, ACCEPTANCE AND JOB ORDER COMPLETION...................................... .................................... ..141 CITY FURNISHED EQUIPMENT/MATERIALS..........................142 SALVAGE AND SALVAGE DISPOSAL .....................................142 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY ....142 LIQUIDATED DAMAGES ...........................................................143 REQUESTS FOR INFORMATION OR APPROVAL ..................143 CONTRACT ADMINiSTRATOR........... ......................................144 THE PROJECT COORDINATOR/PROGRAM MANAGER........144 THE INSPECTOR ......................................................................145 SITE PREPARATION AND CLEANUP ......................................145 ON-SITE STORAGE ..................................................................146 DISRUPTION OF COMMUNITY ACTIVITIES............................146 TRUCKING............................................................................... ..146 EXISTING ELEVATORS ............................................................146 CONSTRUCTION ELEVATORS, ETC. ......................................147 ACCESS TO BUILDINGS AND SECURITY...............................147 EQUIPMENT AND FURNITURE................................................147 January 2003 City of Miami Beach Page i Project Manual ~ -- ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 ARTICLE 42 ARTICLE 43 ARTICLE 44 ARTICLE 45 ARTICLE 46 ARTICLE 47 ARTICLE 48 ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 52 ARTICLE 53 APPLICABLE REGULATIONS .................................................. 148 ENVIRONMENTAL PROTECTION ...........................................149 PROTECTION OF WORK AND PROPERTY............................ 149 FLOOR LOADING ..................................................................... 151 PROJECT SITE MAINTENANCE.............................................. 151 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY .......................................................................................... ......... 151 EXPLOSIVES AND BLASTING................................................. 152 CUTTING AND PATCHING....................................................... 154 BARRIERS ................................................................................154 POLLUTION CONTROL............................................................ 154 TEMPORARY SERVICES AND UTILITIES............................... 154 HOURS OF WORK AND ACCESS ........................................... 157 ALL LEGAL PROVISIONS DEEMED INCLUDED..................... 157 ARCHITECTURAL AND ENGINEERING SERVICES ............... 157 WORK INVOLVING HAZARDOUS MATERIALS ......................158 PRE-CONSTRUCTION CONFERENCE ...................................158 JOB MEETINGS ......................................................... ............... 159 ENERGY CONSERVATION...................................................... 159 INTERGOVERNMENTAL PURCHASING AGREEMENT ......... 159 COMPUTER REQUIREMENTS ................................................ 159 CITY FURNISHED SOFTWARE ...............................................160 COMMUNICATIONS ............ ....................................... .............. 161 Page ii City of Miami Beach January 2003 ~ Project Manual 02000 JOC SUPPLEMENTAL CONDITIONS ARTICLE 1 THE CONTRACT 1.1. The Contract Documents for the Contract. The Contract represents 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 lIa: Construction Task Catalog VOLUME lib: Construction Task Catalog VOLUME IIc: Construction Task Catalog VOLUME ilia: Technical Specifications VOLUME IIlb: Technical Specifications VOLUME IIIc: Technical Specifications 1.3. Overview of the 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, construction, etc., of buildings, structures, or other real property. Ordering is accomplished by means of issuance of a Job Order against the Contract. 1.3.2. Under the JOC concept, the Contractor furnishes management, labor, materials, equipment and architectural and engineering services required to support individual Job Orders. 1.3.3. 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. 1.3.4. Bidders will offer (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage January 2003 City of Miami Beach Page 129 ~ Project Manual -- Decisions do apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. 1.3.5. As Job Order Contract requirements are identified by the CITY, the Contractor will be issued a Request for Proposal and will be required to develop a detailed price proposal. The Contractor will submit their price proposal to the CITY. If the Contractor's proposal is found acceptable, a Job Order may be issued at the agreed upon units, which when multiplied by the unit price and Contract adjustment factor, will establish the 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 Pre-priced Items". Non Pre- priced (NPP) items may require the establishment of specifications and drawings and may subsequently be incorporated into the CTC. ARTICLE 2 INTERPRETATION OF THE CONTRACT DOCUMENTS 2.1. Upon its own initiative or the Contractor's written request, the CITY may issue written interpretation of Drawings (if any) and Specifications necessary for the proper execution or progress of the Work which 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 the JOC Supplemental Conditions shall 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. Page 130 City of Miami Beach January 2003 ~ Project Manual 2.6. In any action or proceeding to enforce rights under this Agreement, and any appeals arising there from, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, costs and expenses. ARTICLE 3 CONTRACT PERFORMANCE PERIOD 3.1. The Contract performance period is 12 months from the date of award of the Contract or the achievement of the Maximum Contract Term Value of $1,000,000. The CITY shall have the option to extend the term of the Contract for two additional Contract Terms of 12 months each. The total Contract Performance period shall not exceed 12 months each. The total Contract Performance period shall not extend beyond 36 months. Job Orders placed prior to, but not completed by the expiration of this Contract, will be completed with all provisions of this Contract still in force. 3.2. A Job Order Completion Time for each Job Order issued under this Contract will be determined in accordance with Article 12-0rdering Procedures. 3.3. 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. ARTICLE 4 OPTION TO EXTEND CONTRACT PERFORMANCE 4.1. CITY may not extend any individual JOC contract term beyond one (1) year. Therefore, if during the one (1) year contract term, the Contractor fails to reach the Maximum Contract Term Value, the Contract will still terminate, unless an option term is exercised. If there is unused contract value left on an individual Contract term when it expires after one (1) year, CITY shall carry any unused value over to any additional Contract terms. ARTICLE 5 OPTION TO UNILATERALLY EXTEND CONTRACT 5.1. The Contract contains an Option to Extend Provision, for two (2) additional one (1 ) year contract terms. The CITY has the unilateral option to extend. Procedure for exercising option: 5.1.1. Three (3) months prior to the Contract expiration date, the Contract Administrator, if he desires, shall issue the Contract or a preliminary written notice of its intent to extend for an additional Contract term before the Contract expires. January 2003 City of Miami Beach Page 131 ~ Project Manual -- 5.1.2 The extension shall be accomplished prior to current expiration date. Actual extension to contract shall be accomplished by written notification. 5.1.3 The total duration of this Contract, including the exercising of the option terms, shall not exceed three (3) years. ARTICLE 6 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE OPTION PERIODS ONLY) 6.1. This Article provides a means to adjust the Contractor's Adjustment Factors on an annual basis from the date of the Contract award using actual escalation/de-escalation as measured by the Construction Cost Index (CCI) published in the ENR (formally known as Engineering News Record) calculated for the U.S. Twenty (20) CITY Index. 6.2. The "original Adjustment Factors" are those Adjustment Factors submitted with the Contractor's Bid that remain in effect for a one year period beginning with the date of Contract award. Providing the Contract is still in effect, the Contractor's Adjustment Factors shall be recalculated at each annual anniversary date of the Contract award (Le. in beginning of month 13 and 25 of the Contract). 6.3. CCI indices are published monthly. The "base year" for the purposes of this provision is the 12-month period prior to the Contract award. The "base year index" is determined by summing the monthly CCI indices beginning with the month prior to the Award date for each of the 12 months of the "base year" and dividing by 12. The result is the average CCI for the "base year." 6.4. The "contract year" is the 12 month period following the initial Contract award. The "contract year index" is determined by summing the monthly CCI indices for the initial 12-month contract period and dividing by 12. The result is the average CCI for the "contract year." 6.5. The Economic Price Adjustment for months 13-24 of the Contract is determined by dividing the "contract year index" by the "base year index." The Contractor's Adjustment Factors for months 13-24 of the Contract are determined by multiplying the Economic Price Adjustment by the "original Adjustment Factors". The Economic Price Adjustment for months 25-36 will be calculated in an identical manner, sliding the "year index" and the "contract year index" 12 month s forward. 6.6. All the above computations shall be carried to five (5) decimal places and then rounded to four (4) decimal places. Rounding of numbers shall be accomplished by increasing the fourth decimal place if the fifth decimal is Page 132 City of Miami Beach January 2003 ~ Project Manual equal to five or greater. If the fifth decimal place is equal to four or less, the fourth decimal shall remain unchanged. ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 7.1. 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 listed below shall apply. 7.2. In case of conflict between requirements, the requirement which meets all the codes and, which in the opinion of the CITY is more advantageous to the CITY, shall govern. ARTICLE 8 CHARACTER OF THE WORK 8.1. 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. 8.2. 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. 8.3. 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. 8.4. Any material or operation required under this contract shall comply, as they pertain, with the specifications and instructions of a manufacturer, the established standards of The American Society for Testing Materials (ASTM). 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. ARTICLE 9 MEANS AND METHODS OF CONSTRUCTION January 2003 City of Miami Beach Page 133 ~ Project Manual -- 9.1. The Means and Methods of Construction shall be such as the Contractor may choose; subject, however, to the CITY's right to reject means and methods proposed by the Contractor that: 9.1.1. Will constitute or create a hazard to the Work, or to persons or property; or 9.1.2. Will not produce finished Work in accordance with the terms of the Contract; or 9.1.3. Unnecessarily increase the price of the Job Order when alternative means and methods are available. 9.2. The CITY's approval of the Contractor's Means and Methods of Construction, or its failure to exercise its right to reject such means or 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. ARTICLE 10 CONTRACTOR'S STAFF 10.1. General: The Contractor shall, immediately upon receiving a fully executed copy of this Contract, assign and maintain during the term of this Contract and any extension of it, 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. 10.2. At a minimum, the Contractor shall have at all times a Project Manager, Estimator and 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. 10.3. 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. ARTICLE 11 COMPETENCE OF WORKMEN 11.1. 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 subcontract work performance, the Contractor shall be responsible for and shall insure 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 contract, personnel Page 134 City of Miami Beach January 2003 ~ Project Manual 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. 11.2. The Contractor shall assure that a journeyperson, fore person , master, etc., as appropriate, who is capable of directing the Work, performs or supervises all required Work or services. 11.3. 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. 11.4. On any Federally Funded projects the Davis- Bacon Act standard rules apply to this contract. ARTICLE 12 ORDERING WORK 12.1. Initiation of a Job Order 12.1.1. 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. 12.2. Upon this notice, the Contractor shall respond to the needs of CITY within two (2) working days by: 12.2.1. Establishing verbal contact with CITY to further define the scope of the requirement, and 12.2.2. 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: project number and title the detailed scope of the Work existing site conditions methods and alternatives for accomplishing the Work access to the Site and protocol for admission hours of operation staging area January 2003 City of Miami Beach Page 135 ~ Project Manual -- requirements for catalog cuts, technical data, Samples and Shop Drawings requirements for engineering and architectural services including sketches, Drawings, Specifications, and as-builts Preliminary quantity estimates the applicable Wage Decision for Federally Funded projects construction duration liquidated damages specific quality requirements for equipment and material the presence of hazardous materials date on which Job Order Price Proposal is due 12.3. After the Joint Scoping process, 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 Job Order Price Proposal and the CITY will evaluate the Job Order Price Proposal. 12.4. Upon completion of the joint scope meeting and the Detailed Scope of Work the CITY will issue a Request For Proposal (RFP) which requires the Contractor prepare a price proposal for the work under consideration by the date indicated on the RFP. 12.5. The Contractor will prepare the Job Order Price Proposal in accordance with the following: 12.5.1. Pre-priced work requirements. Pre-priced work requirements will identify the type and number of work units required from the Volume II Construction Task Catalog. 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 Contractors Job Order Price Proposal shall include support documentation to indicate that 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 Job Order Price Proposal shall include, but not be limited to, drawings, calculations, catalog cuts, specifications, and architectural renderings. Page 136 City of Miami Beach January 2003 ~ Project Manual 12.5.2. Non Pre-priced Work Requirements: 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 work requirements shall be separately identified and submitted in the Job Order Price Proposal. Information submitted in support of non pre-priced work shall include, but not be limited to, the following: 12.5.2.1. Complete specifications and technical data, including work unit content, support drawings, work task cost data, quality control and inspection requirements. 12.5.2.2. Work schedule. 12.5.2.3. Costing data, submitted in support of Non Pre-priced Tasks shall include a cost analysis report, establishing the basis for selecting the approach proposed for accomplishment of the requirements. Unless otherwise directed by the CITY, costing data will be submitted demonstrating that the Contractor sought and received three quotes. 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. 12.5.2.4. The final price submitted for Non Pre-priced Tasks shall be according to the following formula: A = Direct Labor Cost (up through the foreman level and including fringe benefits) B = Direct Material Costs (supported by quotes) C = Direct Equipment Costs (supported by equipment amortization data) D = Subcontractor Costs (supported by quotes) E = Allowable Over Head Costs = A x 55% F = Allowable Profit = (A + B + C) x 10% G = Subcontractor Allowance = D x 10% Total Cost of Non Pre-Priced Task = A + B + C +D + E + F + G January 2003 City of Miami Beach Page 137 ~ Project Manual -- *A, B, C, E and F only apply to work self-performed by the Contractor. *D and G only apply to work self-performed by Subcontractor's. 12.5.2.5. Following approval by the CITY of a Non Pre-priced Task and unit price, the Non Pre-priced Task unit price will be loaded into the computer data base. 12.5.2.6. 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 Job Order Price Proposal will be determined by multiplying the total extended price by an adjustment factor of 1.0000. 12.5.2.7. After using a non pre-priced item on three separate Job Orders, the CITY reserves the right to include the unit price for the work item as a pre-priced item into the CTC which would become a permanent item and no longer require price justification. 12.5.3. The Contractor's Job Order Price Proposal shall include, at a minimum: 12.5.3.1. Cost Proposal: 12.5.3.2. Architectural or Engineering Drawings or sketches as required. 12.5.3.4. Catalog cuts, technical data or samples required 12.5.3.5. List of anticipated Subcontractors and Materialmen 12.5.3.6. Construction schedule; 12.5.3.7. Certificates for any special insurance required; 12.5.3.8. Sample warranties or guarantees for materials, equipment or systems proposed; 12.5.3.9 Schedule of Values. 12.5.4. The Contractor's Job Order Price Proposal shall be submitted in accordance with the date indicated on the RFP. Unless otherwise stated on the RFP, the Price Proposal will be due no longer than five (5) working days after the issuance of the RFP. The CITY may allow additional time for preparation of the Contractor's Job Order Price Proposal for complex Job Orders requiring engineering/architectural drawings and approvals and permits, Allowance will be made to provide adequate time for preparation and submittal of the necessary Page 138 City of Miami Beach January 2003 ~ Project Manual 12.6. documents and the Job Order Price Proposal and so reflected in the Job Order Price Proposal due date entered on the RFP. In emergency work situations and minor maintenance and repair Job Orders requiring immediate completion, the Contractor's Job Order Price Proposal may be required quickly and the due date will be so indicated on the RFP. Review of the Job Order Price Proposal and Issuance of Job Order 12.6.1. The CITY shall evaluate the entire Job Order 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. 12.6.2. CITY reserves the right to reject a Contractor Job Order 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 Job Order Price Proposal expenses. The CITY may pursue the performance of such Work by other means. 12.6.3 .By submitting a signed Job Order 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 Job Order Price Proposal prior to delivering it to the CITY. 12.6.4 Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the fixed price 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 for signature. The Contractor shall sign a copy of evidencing acceptance of the Job Order. 12.6.5. 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 not withstanding the absence of a fully developed Request for Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be City of Miami Beach Page 139 January 2003 ~ Project Manual -- compensated in accordance with the CTC and Non Pre-priced Tasks as if the Work had been ordered under the standard procedures. 12.6.6. If the CITY finds inconsistencies with the Contractor's 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, according to Article 15 of the General Conditions. 12.6.7. After the CITY has reviewed the Contractor's 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. ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR WITH THE WORK 13.1. 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 Job Order 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. 13.2. 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 shall give immediate notification, in writing, of such variation to the CITY and the Contract price shall be adjusted by unit prices established in the bid or agreement, as appropriate. 13.3. Contractor is required to examine and be familiar with existing contracts and work being constructed. ARTICLE 14 MEASUREMENTS TO BE VERIFIED 14.1. 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 Page 140 City of Miami Beach January 2003 ~ Project Manual indicated in the RFP. Any difference, which may be found, shall be submitted to CITY for consideration before proceeding with the work. ARTICLE 15 FINAL INSPECTION, ACCEPTANCE AND JOB ORDER COMPLETION 15.1. Contractor's Punch List 15.1.1. 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. 15.1.2. The Contractor shall proceed to complete or correct all items listed on the Contractor's Punch List and verify that the items have been completed or corrected by signing said Punch List. 15.1.3. The Contractor shall submit the signed Contractor's Punch list to the CITY and or Program Manager with a request for a Final Inspection of the Work. 15.2 The CITY's Punch List 15.2.1. 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. 15.2.2. 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. 15.3. Correction of the CITY'S Punch List 15.3.1. Within 3 days of receipt of the CITY's Punch List, the Contractor shall commence correcting all items on the CITY's Punch List. 15.3.2. If the Contractor does not complete the items on the Owner's Punch List within 10 days of receipt of the Owner's Punch List, the provision in Article 15 of the General Conditions may be invoked. 15.3.3. 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 completed. If liquidated damages have been applied to the Job Order, this time in no way effects the original contract schedule. January 2003 City of Miami Beach Page 141 ~ Project Manual -- 15.3.4. 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. 15.4. Items discovered after the original Punch List which are part of the Job Order shall be completed under warranty and within 10 days of notification to the Contractor. ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS 16.1. 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 Job Order 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 CITY's representative regarding the disposition of all CITY-furnished property not consumed in performance of a Job Order. ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL 17.1. The material and equipment which are removed or disconnected and, in the opinion of CITY, are of value, but are not specified for reuse, shall remain the property of CITY. CITY representative shall be informed of the presence of the property and disposition instructions shall be requested. 17.2. 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 paragraph, shall be disposed of by and at the expense of the Contractor at a location off CITY property. Hazardous wastes must be disposed of in accordance with the Resource Conservation and Recovery Act and state and local regulations. The contract adjustment factor includes the cost of all clean-up, including final cleanup on each individual Job Order. ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY 18.1. 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 Page 142 City of Miami Beach January 2003 ~ Project Manual violate this Contract. The specific Detailed Scope of Work contracted for hereunder shall be defined by the individual Job Order issued. ARTICLE 19 LIQUIDATED DAMAGES 19.1. 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 and provided the Contractor has not previously obtained an extension of time from CITY, a sum appropriate with the following schedule may be deducted from the final Job Order as liquidated damages. SCHEDULE FOR LIQUIDATED DAMAGES Job Order Amount $1.00 - $100,000 $100,001 - $500,000 $500,001 + $430.00 Ius 0.05% of the Job Order The Contractor consents and agrees that it is not necessary for CITY to prove monetary loss. 19.2. Nothing in this article shall be construed as limiting the right of CITY to proceed under Article 15 entitled "CITY's Right to Terminate Contract" in the General Conditions. 19.3. 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. 19.4. Liquidated damages received hereunder 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 (as described in a separate article herein) or the Contractor's obligation to indemnify the CITY, or to any other remedy provided for by Contract or by Law. 19.5. The CITY will deduct and retain out of the monies which may become due hereunder, the amount of any such liquidated damages; and in case the amount which may become due hereunder 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. ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL January 2003 City of Miami Beach Page 143 ~ Project Manual -- 20.1. From time to time as the Work progresses and in the sequence indicated by the approved Progress Schedule, the Contractor must submit to the CITY a specific request in writing for each item of information or approval required by him. 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. ARTICLE 21 CONTRACT ADMINISTRATOR 21.1. 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. 21.2. The contractor shall submit all disputes and matters which touch or relate to the contract, including a claim for breach of contract, to the Contract Administrator, and his/her/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 CITY General Conditions). ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER 22.1. The CITY'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/her determination, direction or approval, shall have the CITY: 22.1.1. To determine the amount or quantity, quality, and acceptability of the work and materials and location of the Work to be paid for hereunder; 22.1.2. To determine all questions in relation to the Work and performance thereof, to interpret the Detailed Scope of Work, Contract Drawings, Specifications, and Addenda, and to resolve all patent inconsistencies or ambiguities therein; 22.2.3. To determine how the Work of this Contract 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; 22.1.4. To make changes in the Work as the Project Coordinator/Program Manager deems necessary, including the necessity for issuing Page 144 City of Miami Beach January 2003 ~ _ Project Manual additional Job Orders, however subject to review and approval by the Contract Administrator. 22.1.5. To amplify the Contract Drawings, add explanatory information and furnish additional Specifications and Drawings, consistent with the intent of the Detailed Scope of Work. 22.1.6. To suspend the whole or any part of the Work whenever in its judgment such suspension is required (a) in the interest of the CITY generally, or (b) to coordinate the Work of the various Contractors engaged on a specific Project, or (c) to expedite the completion of a Project even though the completion of a particular Job Order may be thereby delayed. 22.2. 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 its 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. ARTICLE 23 THE INSPECTOR 23.1. 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. 23.2. 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. ARTICLE 24 SITE PREPARATION AND CLEANUP The Contractor shall: 24.1. 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. January 2003 City of Miami Beach Page 145 ~ Project Manual -- This coordination is required prior to commencement of work at a time directed by CITY. 24.2. 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. 24.3. Perform clean up and site restoration prior to final walk-through inspection. All projects shall be delivered in a clean, orderly and usable condition. ARTICLE 25 ON-SITE STORAGE 25.1. If, during the course of the contract, 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. ARTICLE 26 DISRUPTION OF COMMUNITY ACTIVITIES 26.1. The Contractor shall not cause any disruption to on-going community activities at the work 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. ARTICLE 27 TRUCKING 27.1. 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. ARTICLE 28 EXISTING ELEVATORS 28.1. 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 Page 146 City of Miami Beach January 2003 ~ _ Project Manual additional Job Orders, however subject to review and approval by the Contract Administrator. 22.1.5. To amplify the Contract Drawings, add explanatory information and furnish additional Specifications and Drawings, consistent with the intent of the Detailed Scope of Work. 22.1.6. To suspend the whole or any part of the Work whenever in its judgment such suspension is required (a) in the interest of the CITY generally, or (b) to coordinate the Work of the various Contractors engaged on a specific Project, or (c) to expedite the completion of a Project even though the completion of a particular Job Order may be thereby delayed. 22.2. 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 its 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. ARTICLE 23 THE INSPECTOR 23.1. 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. 23.2. 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. ARTICLE 24 SITE PREPARATION AND CLEANUP The Contractor shall: 24.1. 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. January 2003 City of Miami Beach Page 145 ~ - - Project Manual periods of temporary use. Elevators shall not be loaded in excess of the rated capacity of the elevator. 28.2. 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. ARTICLE 29 CONSTRUCTION ELEVATORS, ETC. 29.1. The Contractor shall construct elevators, cranes and other rigging, lifts, etc., as required for the work. 29.2. All such construction shall be carried out as required by the local prevailing Building Codes within the CITY of Miami Beach and subject to the approval of the CITY. 29.3. The Contractor shall maintain stairways throughout the whole height of the structures in condition for safe usage by mechanics and others. ARTICLE 30 ACCESS TO BUILDINGS AND SECURITY 30.1. It shall be the Contractor's 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 work site(s) at the end of each work day and on weekends. 30.2. 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. ARTICLE 31 EQUIPMENT AND FURNITURE 31.1. 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 will be designated by CITY for replacement of the furniture and equipment by the Contractor. 31.2. Work of materials and equipment and accomplishment of work shall be made with a minimum of interference to CITY operations and personnel. January 2003 City of Miami Beach Page 147 ~ Project Manual -- 31.3. 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. ARTICLE 32 APPLICABLE REGULATIONS 32.1 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 operations, etc., shall be observed by the Contractor, Contractor's employees, and subcontractors. The regulations include: 32.1.1. Fire Prevention: 32.1.1.1. 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 of Miami Beach requirements regarding same. 32.2.1. Safety: 32.2.1.1. 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. 32.3.1. Sanitation: 32.3.1.1. The Contractor, shall keep the premises 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 premises, leaving the site clean. 32.3.1.2. Surplus materials, waste materials and debris, sweepings, soot and rubbish shall not be allowed to accumulate and Page 148 City of Miami Beach January 2003 ~ Project Manual 32.3.1.6. 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. The entire Work area shall be cleaned up at the end of each Work session. The Contractor shall thoroughly clean all equipment and materials installed by him and deliver over such materials and equipment undamaged in a bright, clean and new appearing condition. At completion of the Work, the premises should be left in a neat, unobstructed condition and everything in perfect repair and order. Upon completion of the Work, the Contractor shall remove all equipment, scaffolding, etc., and thoroughly clean the Work site before submitting the project to the CITY for final acceptance. 32.3.1.3. 32.3.1.4. 32.3.1.5. 33.4.1. Conduct: 33.4.1.1. 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. ARTICLE 33 ENVIRONMENTAL PROTECTION 33.1. The Contractor shall be responsible to protect the environment of work areas as affected by this Contract. Contractor shall be responsible for the proper disposal of all hazardous, solid, liquid, and gaseous contaminants and refuse i n accordance with all federal, state, local codes and regulations. 33.2. 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. ARTICLE 34 PROTECTION OF WORK AND PROPERTY 34.1. 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 this Contract. The Contractor shall make January 2003 City of Miami Beach Page 149 ~ Project Manual -- good any such damage, injury or loss, except as may be directly due to or caused by agents or employees of CITY. 34.2. The Contractor shall at all times provide adequate protection and facilities to safeguard all persons passing on or about the premises in the usual conduct of their business, and any special instructions to the Contractor from the CITY to insure protection, etc. shall be complied with in each and every instance. 34.3. The Contractor shall adequately protect adjacent property as provided by law and or as directed by the CITY. 34.4. 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. 34.5. The Contractor shall properly and carefully shore up or otherwise support all live water, sewer and gas pipes, electric wires, conduits, free standing walls, etc., which may be encountered. He 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. 34.6. The Contractor shall furnish throughout the entire project, all scaffolding, ladders, decking or runways as necessary to execute the Work in a safe manner. 34.7. 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. 34.8. Any compensation claimed by the Contractor on account of emergency work as set forth in 12.6.5 above shall be determined by agreement of CITY and the Contractor. 34.9. 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. 34.10. 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 building site. 34.11. 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. Page 150 City of Miami Beach January 2003 ~ Project Manual 34.12. 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. 34.13. 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. 34.14. All costs involved in making repairs and restoring disrupted services to normal shall be borne by the Contractor. 34.15. The Contractor and/or his/her 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. 34.16. The Contractor shall provide adequate climatic protection for exposed part of buildings wherever work under this Contract is performed. ARTICLE 35 FLOOR LOADING 35.1. Care shall be taken that floors are not overloaded at any time. ARTICLE 36 PROJECT SITE MAINTENANCE 36.1. 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 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. ARTICLE 37 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY 37.1. The Contractor shall cover equipment that is to remain in place within the area of contract operations and protect it against damage or loss. This January 2003 City of Miami Beach Page 151 ~ Project Manual -- includes equipment that is removed in the performance of Job Orders where directed for reuse 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 Contractors risk. 37.2. 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 CITY property. The Contractor's materials shall be stored in an area approved by the CITY. Receipt of such approval, however, does not relieve the Contractor of its liability for prevention of any theft, loss or damage that may occur. The Contractor is responsible for keeping the Work site(s) secured at all times and is responsible for any damages, vandalism or theft to the Work or materials on the site at all times prior to final acceptance of the Work by the CITY. The Contractor agrees not to hold the CITY liable for any damage thereto or loss thereof. ARTICLE 38 EXPLOSIVES AND BLASTING 38.1. Use of explosives will not be permitted without prior written permission from the CITY and the prior to the contractor obtaining all applicable permits. 38.2. 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. 38.3. Quantities and Records: CONTRACTOR shall keep explosives on the site only in such quantity as may be needed for the work underway and only during such time as they are being used. He shall notify the Project Manager in advance of his/her intention to store and use explosives. Explosives shall be stored in a secure and safe manner in strict conformity with all state and Page 152 City of Miami Beach January 2003 ~ Project Manual 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. 38.4. Damage or Injury: All blasting necessary on this contract shall be done with the express provisions 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 his/her own expense, shall remove and replace such injured work and shall furnish such material and perform 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, a satisfactorily repaired by the Contractor at his/her own expense. 38.5. Restrictions: Blasting will not be permitted within 25 feet of any structure unless proper precautions are taken, as approved by the Project Manager, to insure that the structure and the material surrounding and supporting the same are not damaged by such blasting. 38.6. Rock encountered within 5 feet of existing pipelines or building shall be removed without blasting. 38.7. 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. January 2003 City of Miami Beach Page 153 ~ Project Manual -- ARTICLE 39 CUTTING AND PATCHING 39.1. The CONTRACTOR shall do all cutting, patching and restoration required by the Work, except as otherwise specified. All restorations shall be to the satisfaction of the CITY. ARTICLE 40 BARRIERS 40.1. The CONTRACTOR shall erect temporary barriers and warning signs to alert and protect the public, CITY tenants and CITY employees from the Work as deemed necessary and or as directed by the CITY. ARTICLE 41 POLLUTION CONTROL 41.1. During the course of construction, the CONTRACTOR shall conduct his/her 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, silt, 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. 41.2. Techniques identified in USDA-Soil Conservation Service "Guidelines for Urban Erosion & Sediment Control" shall be utilized as applicable for erosion and pollution control. ARTICLE 42 TEMPORARY SERVICES AND UTILITIES Unless the Detailed Scope of Work states otherwise: 42.1. Temporary Services and Utilities: 42.1.1. General: 42.1.1.1. The CONTRACTOR shall be responsible for arranging for and providing all general services and temporary facilities a s 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. 42.1.1.2. 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 expense. Page 154 City of Miami Beach January 2003 ~ Project Manual 42.2. Water: 42.2.1. The CONTRACTOR shall provide temporary water connections as required for drinking and construction purposes, unless potable water is available at the Site and it's use by the CONTRACTOR is approved by the CITY. 42.2.2. 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. 42.3. Light and Power: 42.3.1. The CONTRACTOR may utilize power which is available at the job 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 shall be provided for temporary heat. The CITY will not provide electrical power for heating. 42.4. Temporary Heating and Ventilation: 42.4.1. The CONTRACTOR shall provide temporary closures or enclosures for all exterior door, window, roof or other types of exterior openings as required to protect his/her 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 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. 42.4.2. 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. January 2003 City of Miami Beach Page 155 ~ ~ Project Manual 42.5. Temporary Field Offices: 42.5.1 . 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 paid for in the CONTRACTOR's Price Proposal. All other cost will be paid for by the CONTRACTOR. Location shall be approved by the CITY. 42.5.2. 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 job site for their own needs and for the CITY to contact them. 42.5.3. 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. 42.5.4. The facilities mentioned above shall be made available for the use by the CITY's designated representative during its site visits. 42.6. Temporary Sanitation Facilities: 42.6.1. 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. 42.6.2. The CONTRACTOR shall provide temporary toilets for the use of the workmen, placed where directed and maintained in a sanitary condition. 42.6.3. At the completion of the contract the temporary toilets shall be removed. 42.6.4. Existing on-site toilet facilities may be used to meet the above requirements subject to the prior approval of the CITY. 42.7. Temporary Fire Protection: 42.7.1. The CONTRACTOR shall take all precautions necessary and required to prevent fire and comply with the requirements of local authorities having jurisdiction 42.7.2. 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 20 pound capacity, dry Page 156 City of Miami Beach January 2003 ~ -=- Project Manual chemical type fire extinguisher in the immediate vicinity of the work when welding tools or torches of any type are in use. 42.7.3. The CONTRACTOR shall not use volatile liquids for cleaning agents or as fuels for motorized equipment or tools within building. 42.7.3.1. 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. 42.7.3.1. Flammable materials shall not be stored, nor debris allowed to accumulate in or about the site. ARTICLE 43 HOURS OF WORK AND ACCESS 43.1. The CONTRACTOR shall accomplish the tasks required by the Job Order issued hereunder during the normal working period of 8:00 1.M. to 5:00 P.M., Monday through Friday, excluding holidays. For this purpose defining CITY holidays, they 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 CITY direction and/or and require CITY approval prior to commencement of work activities. 43.2. Representatives of the CITY will be available on the job 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. ARTICLE 44 ALL LEGAL PROVISIONS DEEMED INCLUDED 44.1. It is the intent and understanding of the parties to this Contract 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. ARTICLE 45 ARCHITECTURAL AND ENGINEERING SERVICES January 2003 City of Miami Beach Page 157 .. ~ Project Manual ~ 45.1. The Contractor will be required to provide A&E services, stamped and sealed drawings in support of some Job Orders. These services are typically required for obtaining some permits and or documenting the scope of work. The cost of all stamped and sealed architectural and engineering prepared drawings will be paid for by using the contractor's bid factor for these services. Any electronic drawings required will be prepared in AutoCAD version 14.0 format or a version approved by the CITY. 45.1.1 All architectural and engineering 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. 45.1.2 At any time when stamped and sealed architectural and engineering prepared drawings are required, the Contractor shall comply with all provisions of Florida Statute 287.055 with regards to the selection/contracting with design/engineering professionals. 45.2 Additionally the Contractor will be expected to provide sketches, minor calculations, shop drawings and specifications and "as built" drawings. The cost of these services shall be borne by the Contractor. ARTICLE 46 WORK INVOLVING HAZARDOUS MATERIALS 46.1. Any time the Detailed Scope of Work involves hazardous material, including but not limited to asbestos, lead paint, PCBs, 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. 46.2. This requirement is to be considered by the CONTRACTOR as part of the Scope of the Article above entitled n ARCHITECTURAL AND ENGINEERING SERVICES. 46.3. Such abatement plan and specification shall be submitted to the CITY for review and approval prior to commencement of any work involving hazardous materials. ARTICLE 47 PRE-CONSTRUCTION CONFERENCE 47.1. 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 Page 158 City of Miami Beach January 2003 ~ Project Manual understanding relative to the administration of the Contract. The CONTRACTOR shall be required to attend. 47.2. 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. ARTICLE 48 JOB MEETINGS 48.1. The CONTRACTOR and/or 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. ARTICLE 49 ENERGY CONSERVATION 49.1. CONTRACTOR shall comply with energy conservation plans, and promote efficient use of all energy. In addition, the CONTRACTOR shall; 49.1.1. Use lights only in areas where work is actually being performed. 49.1.2. Turn off faucets, valves, and equipment after required usage has been accomplished. 49.1.3. Not use CITY telephones for personal reasons nor make any toll or long distance calls. ARTICLE 50 INTERGOVERNMENTAL PURCHASING AGREEMENT 50.1. The CONTRACTOR may be required to work on property under the management of the County or other municipalities or entities which the CITY has an intergovernmental purchasing agreement. Award of a Job Order Contract does not give the CONTRACTOR any exclusive rights with regard to location or type of work. Other government agencies please be advised that this contract is subject to a user surcharge fee in the amount of 1 % on all sales to governmental, not for profit or quasi governmental entity; resulting from this contract resulting from this solicitation and utilization of the CITY's contract and terms and conditions herein. Furthermore the agency will be required to pay a licensing fee for use of the JOC Contract, to the Job Order Contract Consultant, The Gordian Group, Inc. ARTICLE 51 COMPUTER REQUIREMENTS January 2003 City of Miami Beach Page 159 ~ Project Manual -- 51.1. The CONTRACTOR is to have in operational condition one computer systems similar as described below. The CONTRACTOR shall have staff with basic computer and Windows capabilities to operate their equipment. 51.2. The computer systems will minimally consist of: 51.2.1. Latest model/most powerful Pentium processor, 256 MB expandable Memory, 3-1/2" 1.44 Mb floppy disk drive, DVD RAM with decoder card, 1 parallel, 2 serial ports, 2 USB ports, 104+ enhanced keyboard, 128 bit 3D/2D minimum 32 MB SDRAM video accelerator, Microsoft mouse and a 19" minimum SVGA color monitor. The computer shall be Gateway, Dell, IBM, or approved equal with an Intel CPU in a tower case. 51.2.2. 40 GB ULTRA ATA Drive w/UL TRA ATA controller. 51.2.3. Premium Multimedia Package. 51.2.4. Fastest available standard data/fax modem (US Robotics 56,000 BPS, Telepath modem or approved equal) 51.2.5. 250 MB IOMEGA ZIP drive w/2 ZIP disks. 51.2.6. 3 COM PC110/100 twisted pair Ethernet network card. 51.2.7. Latest model standard office Hewlett Packard laser printer or approved equal. 51.2.8. Voltage surge protection device. 51.2.9. Latest version of MS DOS, MS Windows, Anti-Virus software by Symmantec, and PC Anywhere for Windows communication software by Symmantec. ARTICLE 52 CITY FURNISHED SOFTWARE 52.1. CITY furnished software, PROGEN@, will be provided to the CONTRACTOR for use as a tool to assist with expedient preparation of Job Order Price Proposals in response to CITY needs. This software will contain an electronic version (copy) of the Construction Task Catalog (CTC) , which can be accessed on the equipment provided by the CONTRACTOR to locate and select desired items from the CTC. Once the desired items are selected, the software provides for selection of quantities and based on the selected quantities, will extend and total CTC costs for each Job Order Price Proposal. The software will also permit introduction of non pre-priced items and the application of the Adjustment Factor. PC Anywhere for Windows communication software by Symmantec must be available prior to PROGEN@ being installed. Page 160 City of Miami Beach January 2003 ~ Project Manual ARTICLE 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 53.2. And any notice to or demand upon the CITY or shall 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 Bid Documents. January 2003 City of Miami Beach Page 161 , ..