Bid 73-01/02 F&L Construction
JOB ORDER CONTRACT
CONSTRUCTION CONTRACT DOCUMENTS
CITY OF MIAMI BEACH, FLORIDA
PROCUREMENT DIVISION
1700 Convention Center Drive
Miami Beach, Florida 33139
PROJECT
MANUAL
F & L CONSTRUCTION, INC.
for the followina proiect:
I JOB ORDER CONTRACT #73.01/02-Citywide
CITY CLERK
VOLUME I
JANUARY, 2003
3/1 q / 0 ~
'7 ()v3- pi 51
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
A Resolution to Award Contracts to Contractors for Capital Improvements, Public Works, and other
Citywide Projecls.
Issue:
Shalllhe City Commission Award Contracts to Contractors for Capital Improvements, Public Works, and
other Citywide Projects?
Item Summary/Recommendation:
~he Job Order Contracting System will enable the City to achieve its primary objective of being able 10 "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 10 use in accomplishing ils 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 nol 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.
Advlso 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 JOe system for timely completion of minor construction
ro'ects.
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 N1A N1A
D 2
3
4
Finance Depl. Total
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T:\AGENDA\2003\mar1903\regular\SummaryJOC.doc
AGENDA ITEM .1<1 (,.-
DATE 3-lq--Og
217
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htlp:\\miamibeachft.gov
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~. a./
City Manager r 0
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. 72-02103 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.
DATE: March 19,2003
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 10caUy developed direct costs for material, equipment,
and labor. The construction tasks encompass aU 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 1Davis 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 normaUy 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 s Bidder's responsibility and ability to perform the Contract, City
investigated and requested 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 claimsllitigstion
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'mprovements 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.
Why 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 Architect/Engineer 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 JOG'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 7 of8
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 Builf' 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 Everythingl
-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
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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-beachJI.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 1/30/03 $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
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 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.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
~,
/".//'
?-/,;::
,/. .."'......--.-
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:\\cLmiami-beach.fl.us
fD
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 Article 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
suffered 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 Manager and the City Attorney 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.1ID!:l day of Januarv. 2002.
PASSED on First Reading this .1at!l..day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th 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{oZo
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)
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
January 2003
City of Miami Beach
PaQe 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~e 26
City of Miami Beach
Januarv 2003
~
- Project Manual
Une 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)
Une 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
Panl>> '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
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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:
J.nuary 2003
City of Miami Beach
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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 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
hge 30
City of Miami Beach
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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
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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 (CTe) 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)
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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
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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
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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)
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
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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)
Page 36
City of Miami Beach
January 2003
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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)
Line 17 Combined Adjustment Factor (From Bid Form 2)
(Specify to four (4) decimal places)
J8nuary 2003
City of Miami Beach
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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........................................
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 38
City of Miami Beach
January 2003
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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
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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:
City of Miami Beach
January 2003
Page 18
C I T Y OF M I A M I B E A C H
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hltp:\\ci. miami-beach. fI.us
~
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID
ADDENDUM No.1
.January 6, 2003
JOB ORDER CONTRACT #71.01/02 CAPITAL IMPROVEMENTS PROJECTS
and JOB ORDER CONTRACT #72.01102 PUBLIC WORKS DEPARTMENT
and JOB ORDER CONTRACT #73.01/02 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
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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.
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 28
City of Miami Beach
January 2003
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REVISED BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CONTRACT NUMBER 72.01102 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 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)
January 2003
City of Miami Beach
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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
hllp:\\ci.miami-beach.f1.us
lO
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 28th,2003 for Job Order Contracts (hereinafter called
JOG) 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.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 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
GUsCZ::
Procurement Director
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Project Manual
INVITATION TO BID ..................................................................................................1
00200 DEFINITIONS.............................................................................. ...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 ....................... .............. .............47
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
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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.
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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
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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 ...................................... ................... ........................101
Shop Drawings and Samples: ....................................................101
Field Layout of the Work and Record Drawings: ........................103
As-Built Drawings: ..................................... ......... ........... ......... ....1 03
Safety and Protection: ............................................................ ....1 04
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....................................................................106
Project Records: ...................................... ... ................ ................1 07
Occupational Health and Safety: ................................................107
Environmental Regulations: ...................... ............. ....................1 09
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
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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
hllp:\\ci.m iami-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 #73.01/02 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 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 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
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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.
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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
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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
Gus Lopez, CPPO
Procurement Director
Page 4
City of Miami Beach
January 2003
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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
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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
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January 2003
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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 IIlb, Book 2 of 3, Technical Specifications.
Volume IlIc, 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.
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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
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January 2003
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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.
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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.
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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.
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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.
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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:
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4.2.1.
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.
4.2.2. JOB ORDER CONTRACT/02-#72.01/02 PUBLIC WORKS
DEPARTMENT
CAPITAL
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.
4.2.3. 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:
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
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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.
6. 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.
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Volume IIlb, Book 2 of 3, Technical Specifications.
Volume IIlc, 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, IlIb and IlIc): 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:
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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 Bid/Tender 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:
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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:
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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 claims/litigation 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
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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.
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00400
BIDrrENDER FORM
Job Order Contract #: 73. 0 I/O').
Submitted:
J-2 B- 03
Date
CITY of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this
bid as principal a~ 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 eonnection 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 tenns 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: 73. OJ I O~
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.
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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:
J
...3
If
Date
1- , -OJ
I 9 - OJ
/ ~ /J -o.J
- )J - 03
Addendum Number
Telephone No.:
6/)s) .36) - 7)77
--
Social Security No.
or Federal Dun and Bradstreet No.:
(if applicable)
I. D. No.: S'j-ISt. J? StV
(if applicable)
Bradstreet No.: 0)- OC;7 -/2..SS-
If a partnership, names and addresses of partners:
City of Miami Beach
January 2003
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(Sign below if not incorporated)
WITNESSES: .
(Signature)
!
(Sign below if incorporated)
CORPORATE SEAL)
(Type or Print Name of Bidder)
(Type or Print Name Signed Above)
:Iv I/o C. elJ..J/J'flJ
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: Ffo r,dA
~
.
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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.
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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:
(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
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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.
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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)
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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)
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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 .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)
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City of Miami Beach
January 2003
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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 29
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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:
J. 090Lj
(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 35
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in the Construction Task Catalog (CTC) multiplied times the adjustment
factor of:
I. /911j
(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:
I. J 790
(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:
/.)~ol
(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:
/, /7 3 9
(Specify to four (4) decimal places)
Page 36
City of Miami Beach
January 2003
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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:
/.J.'99
(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 J7()'f
(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:
I 3). 'I";
(Specify to four (4) decimal places)
Line 17 Combined Adjustment Factor (From Bid Form 2)
/. /3 Cj ,
(Specify to four (4) decimal places)
January 2003
City of Miami Beach
Page 37
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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.
2.
3.
I.OCft/
. "/f3
Normal Working Hours Construction Adjustment Factor ....................
Multiply Line 1 by .5670 (.90 x.90 x.70) ..............................................
Normal Working Hours Construction Adjustment Factor with
Architectural and Engineering Services............................................... 1./9'1'1
Multiply Line 3 by .2430 (.90 x.90 x.30)............................................... . )96
Other Than Normal Working Hours Construction Adjustment Factor.. /. 1710
.ONJ
Multiply Line 5 by .0630 (.90 x.1 0 x.70). ..............................................
Other Than Normal Working Hours Construction Adjustment Factor
with Architectural and Engineering Services........................................ 1.)5'01
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) ............................................. ,01'lD
11. Normal Working Hours Construction using Davis Bacon Wages with
Architectural and Engineering Services .............................................. /.) (/i'1
12 Multiply Line 11 by .0270 (.10 x .90 x.30) ........................................... .ON3
13 Other Than Normal Working Hours Construction using Davis Bacon Wages I.) 7()'f
14. Multiply line 13 by .0070 (.10 x .10 x.70) ............................................. .oOl?
15
4.
5.
6.
7.
.OB!
'./739
Other Than Normal Working Hours Construction using Davis Bacon with
Architectural and Engineering Services............................................... /3J'N
16. Multiply line 15 by .0030 (.10 x .10 x.30) ............................................. . DOl(O
17. Add lines 2+4+6+8+10+12+14+16 ...................................................... I. i 3 'J 1
(Combined Adjustment Factor)
Page 38
City of Miami Beach
January 2003
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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.
Printed Name:
I
\
\ /'
JUllo/ C .
IAlL.
Contractor Name:
Authorized Signature:
Date: I - 2 8 - c?3
January 2003
City of Miami Beach
Page 39
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.00500
SUPPLEMENT TO BIDrrENDER 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
g en tl'tll Con /rtI-c.;ht.
# Years
;;q
1.1 What business are you in? ('om lflU/tO'V , be.! !'i/lll it/dc!
.
2. What is the last project of this nature that you have completed?
17-1JC Pi .Joe - IYJq//}~h:mLL ! Cpp,hl
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
,JO
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
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work, where your surety has intervened to assist in completion of the
project, whether or not a claim was made.
tV () /\Ie..
4.
Give names, addresses and telephone numbers of three individuals,
corporations, agencies, or institutions for which you have perfonned work:
~.1 . . -. . (J~99:r-7i'19
Hey Olll/e,/f, j1J-IJCPJ 1)5"J..r NLJJI f11 &AIU.. -fIJ,ltP1l, It 3Ji67
. (name) (address) (phone #)
4.2.. (joS) 99.1"- IIS7P
[1N,l.J Chill el/tre.., 1'1-/)lPJ /45"0 N€. ~ "'I /J/I~ -P'/illMi, K ]JIf~ ~.J,;.I
(name) (address) (phone #)
;J 4.34 . . 60s} f/f.r- Y7D/
xnqlYt'rn, /11,./Jt,IJJ tyroNE 2M/1M... -!H;/tI.tI,H... 1313). (I,..}II
(name) (address) (phone #)
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.)
5.
6.
TOTAL DATE OF
NAME OF OWNER & CONTRACT COMPLETION
PROJECT PHONE # VALUE PER CONTRACT
. ~IJCP.J KolJ...1u fd/"JV<'t
5=itIkS{ho()1 'e'f 91s-- '11/7 I"JY7,()C().''- /....~/-OJ
_ /If Di-pJ lie t () 'i", ~A
I11XPJ .JOe -MI//.1J 1'1"- 71 '11 ), P()O ooa .- 6-)1 - OJ
I I. I ftllJc.PJ C/t"kJ Ch,fl'/"'<' "
1J1t1,.~ /rdlf,u,..,./J 99r- /.fS7J1 S"~t'OO. - 5"-10 -O.j
(Continue list on insert sheet, if necessary.)
Has a representative of the Bidder completely inspected the proposed project
and does the Bidder have a complete plan for its performance?
Ye5 \
%OF
COMPLETION
TO DATE
19 /.
fllllJvd
S-S-J.
January 2003
City of Miami Beach
r
Page 41
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7.
8.
9.
10.
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.
'/(S. 13re"~ rlee. /II M ~ahq",'CJ, tolf~~t, JYl~lttll1lY<J
_ / . f
'.,Al. fl1~h~Mlcd. j)t.eltaJ fJ"'f.>l6. Jvfe/li/r lIf'C ~/t. //r(JJ M Trl1llv/J
J{ [P/IJ.d-i!/,;', JPL fill/tit 1.//11 ;' jJ?,1Yv lKp/z.JJ v
What equipment doyou own that is available for the work?
BdClr# F!"IJ,tI.Jk4'/'rJ Ch, '1/1 hdnl11er.l
What equipment will you purchase for the proposed work?
tI"J.;,()tJ;J QI- /ll/i -k1fL.
What equipment ""ill you rent for the proposed work?
t/I1Lftx.lAJ c, I- --/ttIIJ ';l/UL.
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.
Hud
Page 42
City of Miami Beach
January 2003
/
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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 F f L COt'} skuL..JttJ1I/, INt..
.:Iv//o c. DIrIf.iM: frulcI,,;.yf; JiJ/~'O t. O,J,JM j<<~~'1
12.2. The business is a (Sole Proprietorship) (Partnership) (Corporation).
Co rlf'o;.,qJ'()"J .
12.3. The address of principal place of business is:
f09s- WeJt ;1 [(JIlL -f;"/lI'A)~ ft 31oJ('
12.4. The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
Jv//o C &8/'.1 ItJ - PaJ/deNt
Redo//c L. I}tlN - Vi{tZ fri'Jld,.vi
::J 1/ 110 6. 11,1 11:''''11 -J,cre -kiLt I TrfI9JINt,"
.
12.5. List all organizations which were predecessors to Bidder or in which
the principals or officers of the Bidder were principals or officers.
NO'J e- .
12.6. List and describe all bankruptcy petitions (voluntary or involuntary)
which have been filed by or against the Bidder, its parent or
subsidiarie.s 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
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NtJ~ e...
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).
NONe
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.
P/MJe Jh... c,:~C'h4 leH~L
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.
tJOve...
Page 44
City of Miami Beach
January 2003
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12.10. Has the Bidder, its principals, officers or predecessor organization(s)
been debarred or suspended from bidding by any govemment during
the last five (5) years? If yes, pr~vide details.
No .
12.11 . Under what conditions does the Bidder request Change Orders?
O-u11J?r ~i'rI'J~ tll1'I-~~''';etJ-1rJl,I,'Ol';J, 0,.....,;1/0.11 ,'AI /,1/I>1J/ ~cJ..,
,
January 2003
City of Miami Beach
Page 45
.JO:";I\:1"'1I J. PO~TVONDO. Esu.
.-.TTUANEY AT LAW
nO MEAHICI( WAY
THIRD Fl.OCH
CORAL GA"L.ES, FL.ORID'" 33134
TELE"HONE (305) 666-8640
"",CStMIL" (305) 666-4~Ol
E.-MAIL: J '..C1ATUON.:JO....OL.C()M
January 13,2003
Julio Batista
President
F & L Construction. Inc.
8095 West 21 Lane
Hialeah Gardens. Florida 33016
Re: F & L Construction Litigation / Status Report
Dear Mr. Batista,
Our firm is presently representing f' & L Construction, Inc. in two lawsuits. They are
F & L Construction v. Dade County, Dade Circuit Court, Case No. 97 - 26480; and F & L
Construction, Inc. v. Frankel & A.uociates, el. at., Dade Circuit Court, Case No. 00 - 17627.
Next below is a description of each.
F & 1_ Condruction v. Dade County
On October 18, 1993, F & L Construction entered into a contract with Dade County
HUD for the renovation of 98 units of Annie Coleman Gardens fOT approximately $3.5
million. Immediately after commencement of the work, HUD made changes to the project
which effectively brought the project to a halt. However, F & L Construction finished the
job in order to ensure minimum damages to the owner from the delays. F & L Construction
was awarded judgment of$1.115,633.90. for damages, $66,189.26 for costs, and another
$373,137.00 for the attorney's fees incurred through the trial of the case.
These judgments were reduced to $162,500.00 by the Court of Appeal. However,
that ruling is being challenged on the grounds that the spouse of a judge who ruled against
F & L Construction failed to disclose that his spouse had an ongoing financial relationship
with HUn whereby her home business has received in excess of one million dollars from
HU D. Furthermore, she continues to receive in excess of$50,000.00 per month. We expect
---------..--------------
Mr. Julio Batista
Janu8l)' 13,2003
Page 2
that the ruling will be discarded and that judgment will again be entered in favor of F & L
Construction.
F & L Constructioll, Inc. v. Frankel & Associates
On May 28, 1998, f & L Construction and Frankel & Associates (hereinafter
"Frankel") entered into a written contract whereby Frankel was to providc F & L
Construction with professional services in designing a design-build project known as the
"Lawton Chiles Middle School/ DCPS Project No. A - 0693." Frankel advised F & L
Construction that it would design the project with 135,000.00 square feet. F & L
Construction then submitted its bid based on that projection and wall awarded the bid.
Frankel then failed to actually design the project as promised. Instead, Frankel
designed the project with 155,000 square feet. This additional square footage increased the:
cost by approximately two million dollars to F & L Construction. The case is not yet set for
trial.
1 hope that this satisfies your inquiry.
Sincerely,
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Project Manual
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00520
SUPPLEMENT TO BID/TENDER FORM - NON-COLLUSION
CERTIFICATE
PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE
SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE.
Submitted this 2 eof1-\day of J ftflUfl-1.1
,2003.
Pre.s,de..Jt
. TITLE (IF CORPORATION)
Page 46
City of Miami Beach
January 2003
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00530
SUPPLEMENT TO BID/TENDER FORM - DRUG FREE
WORKPLACE CERTIFICATION
PRIOR TO AWARD OF THE CONT~ACT 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)
(2)
(3)
(4)
(5)
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;
Establishing a continuing drug-free awareness program to inform its
employees about:
(i) The dangers of drug abus.e 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.
Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1). .
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 )Nriting 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;
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 bf such conviction. The notice shall include
the position title of the employee.
City of Miami Beach
Page 47
January 2003
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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
Making a good faith effort to maintain a drug~f;Je workPI.a. ce program through
implementation of subparagraphs (1) th~ugh~). /// .
,I ~ ,//;:; .
/ &>> l:/yJ-./
CIder Signature)
COI1J ~1A.c.. -M'ON/ J~L..
STATE OF F/or,odA- (Print Vendor Name)
. COUNTY OF f}'1/R1-1; ':"" O~
The foregoing instrument was acknowledged before me this 21-f/1 day of, Jb.pw~'1
20~, by J \J 1"0 c. gA-+ts M as_
. Prt..stdf.lJf::: . . (title) of_F~ 1... c...OIlJ+ntc..ffON, J;jl. .
(name of person whose signature is being notarized) (name of corporation/company), known to
. me to be the person described herein, or who produced
as identification, and who did/did not take an oath.
(6)
(7)
NOTARY PUBLIC:
~~~4 ~Q~
(Signature)
\) ~Y\~{ \ ~~J \
(Print Name)
My commission expires:
~ ".~'-'''.
llANEL GEU. '
~ MY__....!i
ilfei EXPIRES: MAY 23. 2006
... Bonded through AdvanIailll NQlll;y
...----,
Page 48
City of Miami Beach
January 2003
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00540
SUPPLEMENT TO BID/TENDER 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.
F~ Li C.OIJ.tffl.t.c.. -l-IOIl, I" L~
Na~.~/~
Aut\horized Sigrature of Bidder
",-.
January 2003
City of Miami Beach
Page 49
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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
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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 F & L 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
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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
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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:
1.0904
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:
1.1994
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:
1.1790
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January 2003
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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:
1.2501
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:
1.1739
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:
1.2699
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:
1.2704
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
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Orders against this contract for the unit price sum specified in the
Construction Task Catalog (CTC) multiplied times the adjustment
factor of:
1.3294
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.
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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.
4.3.4. Damage to another contractor not remedied.
4.3.5. Liquidated damages and costs incurred by CITY for extended
construction administration.
4.3.2.
4.3.3.
4.3.6 Failure of CONTRACTOR to provide any and all documents required
by the Contract Documents.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1. Upon receipt of written notice from contractor that the 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.
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January 2003
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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
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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 Lopez. Procurement Director
With copies to:
CITY Attornev
CITY of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
F & L Construction. Inc.
8095 Wets 21 Lane
Hialeah. Florida 33016
AUn: Julio Batista. President
6.7. Assignment and Performance:
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6.7.1. Neither this Contract nor any interest herein shall be assigned,
transferred, or encumbered by either party. In addition, Contractor
shall not subcontract any portion of the work 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.
6.7.2. 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.
6.9. 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
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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.
~t~~
Robert Parcher, CITY Clerk
---.....
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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January 2003
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CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
CONTRACTOR.
ATTEST:
~ 2~~~
Secretary) - By
Corporate Seal)
Julio C. Batista, President
(Type NamelTitle Signed Above)
28th day of March, 2003
[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
This is the front page of the performance/payment bond issued in compliance with
Florida Statute Chapter 255.05
Surety Name:
Bond Number:
Contractor Name:
Owner Name:
Project Number:
Great American Insurance Company
2701 Maitland Center Parkway
Maitland, FL 32751
407-667 -0022
5439009
F & L Construction, Inc.
8095 W 21 Lane, Unit 23-C
Hialeah Gardens, FL 33016
305-362-7277
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, FL 33139
305-673-7495
Job Order Contract No. 73-01/02
Project Description: JOC Contract 73-01/02, Citywide
Project Address:
Miami Beach, Miami Dade County, FL
Legal Description of Property:
JOC Contract 73-01/02, Citywide
This is the front page of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
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00710
FORM OF PERFORMANCE BOND
BY THIS BOND, We F & L Construction. Inc.
as Principal, hereinafter called CONTRACTOR, andGreat American Insurance Company
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.: 71 01/0? , awarded the day of , 20
with CITY which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and
other damages identified, and for the purposes of this Bond are hereafter referred to
as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
Job Order Contract 73.01/02 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
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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
jA.J
day of
/lfr,./
, 20 O.J
Page 64
City of Miami Beach
January 2003
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WITNESSES:
1-
fJ!5~~
(Secretary)
Inc.
(CORPORATE SEAL)
WUd C. ~~
(Type Name/Title Signed Above)
.3 rei day of 110'; ,20 OJ
IN THE PRESENCE OF:
INSURANCE COMPANY
Gr at
By
Florida Resident
2701 Maitland Center Parkway
(Address: Street)
Maitland. FL 32751
(City/State/Zip)
Telephone No.: 407-667-0022
January 2003
City of Miami Beach
Page 65
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Bond No. 5439009
-
00720
FORM OF PAYMEN~ BOND
BY THIS BOND, We
F & L Construction. Inc.
, as
Principal, hereinafter called CONTRACTOR, andGreat American Insurance as
\;ompany
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.:73. 01 /02 , awarded the day of , 20~,
with CITY which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and
other damages identified, and for the purposes of this Bond are hereafter referred to
as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorneys
fees including appellate proceedings, that CITY sustains because of default
by CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with
CONTRACTOR and who has not received payment for its labor,
materials, or supplies shall, within forty-five (45) days after beginning
to furnish labor, materials, or supplies for the prosecution of the work,
. furnish to CONTRACTOR a notice that he intends to look to the bond
for protection.
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within
ninety (90) days after performance of the labor or after complete
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City of Miami Beach
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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
3 rJ
WITNESSES:
~1-7--
~ 95aLJ;:
~ cretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
Florida
day of ~ri /
,20 OJ:,
Inc.
'/tktt? C. ~/IJ75~
(Type NamefTitle Signed Above)
By
Resident oent and Attorney-in-Fact
M cnael Bonet
2701 M it land Center Parkway
(Address: Street)
Maitland, FL 32751
(City/State/Zip)
Telephone No.: 407-667-0022
January 2003
Page 67
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00721 CERTIFICATE AS to CORPORATE PRINCIPAL
I, ..]1,)1,'0 G. altf-i{-/A- , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that .::Iv 110 e. ~ 10-1 ( J+/t-
who signed the Bond(s) on behalf of the Principal, was then Pr(JIJ~~ 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 by authority of its governing body.
(Seal) as Secretary of
F f L Con ('ltwc- ft(),., fl/L.
(Name of Corporation) r
(SEAL)
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared vvlt() C. ~kJ-M 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.
My c,::b,robed and Swom to before me thl' \) ~~ 20~
~..... DANIEL GELL Notary Public, State of
~t ~ MY COMMISSION #00120834 Florida at Large
EXPIRES: MAY 23, 2006
'" Bonded throog!l Advantage Notary
Bonded
by' Great American Insurance Company
Page 68
City of Miami Beach
January 2003
TERRORISM COVERAGE RIDER
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk ofloss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 5439009 , effective
In accordance with the Terrorism Risk Insurance Act of2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage PartlPolicy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of2002, we are required to provide you with a
notice disclosing the portion of your premium. ifany, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
. '
,--
-
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GREAT AMERICAN INSURANCE COMPANy@)
Administrative Office: 580 WALNUT STREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 017672
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio. does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-
in-fact, for it and in its name. place and stead to execute in behalf of the said Company. a") surety. any and all bonds. undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name
Address
ALL OF
Fr. LAUDERDALE. FLORIDA
Limit of Power
ALL
UNLIMITED
MICHAEL A. HOLMES
GERALD J. ARCH
MICHAEL BONET
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS \VHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 31ST day of JANUARY 2003
Attest GREAT AMERICAN INSURiI,NCE COMPANY
STATE OF OIDO, COUNTY OF HAMILTON _ 5S; DOUGLAS R. BOWEN 1513-389-3811)
On this 31ST day of JANUARY. 2003 . before me personally appeared DOUGLAS R. BOWEN, to me known.
being duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instlUment: that he b.~ows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company. and that he signed his name thereto by
like authority.
"J,
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I. 1993.
RESOLVED: That the Division President. the several Division Vice Presidents and Assistant Vlce Presidents, or anyone of them. be and hereby is
authorized. from time to lime. to appoint one or more Attomeys-in-Fact fo execute on behalf of the Company. as surety. any and all bonds. undertakings and
contracts of suretyship. or other written obligations in the nature thereof,' to prescribe their respective duties and the respective limits of their authority,' and to
revoke any such appoinmlent at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistam Secretary of the
Company may be affixed by facsimile to any pOlver of attomey or cenfficate of either given for the execution of an)' bond. undertaking, contract or suretyship. or
other 1"vritten obligation in the nature thereoJ: such signature and seal when so used being hereby adopted by the Company as the original signature ofsu('h officer
and the original seal of the Compan}~ to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect.
Signed and sealed this
day of
S 1029T (11/01)
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00708
XXX 1.
XXX 2.
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 LlabJlity and Contractual Indemnity (Hold harmless
endorsement exactly as written in "insurance requirements" of
specifications). .
Automobile Liability - $1,000,000 each occurrence - ownecllnon-
ownedlhired 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)- a after Bid ening.
/ /
/
. F f L C OI}J 1A"l-h,()N1 /W{'.
Contractor
Page 62
City of Miami Beach
January 2003
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00710
FORM OF PERFORMANCE BOND
BY THIS BOND, We
as Principal, hereinafter called CONTRACTOR, and
as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter
called CITY, in the amount of 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.: , awarded the day of , 20
with CITY which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and
other damages identified, and for the purposes of this Bond are hereafter referred to
as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
Job Order Contract 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
ACORD~ CERTIFICA TE OF LIABILITY INSURANCe&L8b~~ G21 DATE (MMIDD1YY)
04/01/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Lauderdale FL 33310-5727
Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Scottsdale Insurance COmPanv
INSURER B: Harlevsville Insurance Company
F & L Construction, Inc. INSURER c: FWCJUA
8095 W. 21st Lane, Unit 23-C INSURER D:
Hialeah FL 33016
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOlWlTHSTANDING
AtfY 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 SHOIM/ MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I'~f~ TYPE OF INSURANCE POLICY NUMBER DATE,'MMlDorNi P8k~~MMn\'D'NY'i''' LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1000000
- 02/25/03 02/25/04
A X COMMERCiAl GENERAL LIABILITY 2LS0869884 FIRE DAMAGE (Anyone fire) $50000
I CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5000
PERSONAL & NJV INJURY $ 1000000
-
GENERAl AGGREGATE $ 2000000
-
~'L AGG~E&lE ;~~ APnS PER PRODUCTS - COMPIOP AGG $ 1000000
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000
-
A ~ ANY AUTO BA8G6167 02/25/03 02/25/04 (Ea accident)
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS ~'O'l
-
~ HIRED AUTOS BODILY INJURY
^ -,~) (Per accident) $
~ NON-DWNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY (lyr ckY' '1'/ AUTO ONLY - EA ACCIOENT $
=1 ANY AUTO EAACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
:::J OCCUR o CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I fOCR~Td~YTS I IUJlt
C EMPLOYERS' LIABILITY 780K615A 03/03/03 03/03/04 E.L EACH ACCIDENT $ 500000
E.L DISEASE - EA EMPLOYEE $ 500000
E. L DISEASE - POLICY LIMIT $ 500000
OTHER
DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Job Order Contract (JOCl NO.73-01/02, Citywide. Certificate Holder is
named as "Additional Insured" as respects to the General Liability.
CERTIFICATE HOLDER I y I ADDlTlONALINSURED; INSURER LETTER: CANCELLATION
MIAMID1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREDF. THE ISSUING INSURER WILL ENDEAVDR TO MAIL ....3L DAYS WRITTEN
Ci ty of Miami Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
Ci ty Hall IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1700 Convention Center Drive
Miami Beach FL 33139 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
I Michael Bonet/Seitlin
ACORD 25-S (7197)
@ACORDCORPORATION1988
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00721 CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ' certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
who signed the Bond(s) on behalf of the Principal. was then of
said corporation; that I know 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 by authority of its governing body.
(Seal) as Secretary of
(Name of Corporation)
(SEAL)
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared 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 and Swom to before me this
day of
,20_
My commission expires:
Notary Public, State of
Florida at Large
Bonded
by
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00735
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiarv:
Applicant:
CITY of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
at
(Bank, Issuer name)
by order of and
(branch address)
for the account of
(contractor, applicant, customer)
agreed upon by and between the CITY of Miami Beach, Florida and
up to an aggregate
( contractor),
amount, in United States Funds, of
at sight, accompanied by:
available by your drafts
A signed statement from the CITY Manager or his authorized designee, that
the drawing is due to default in performance of certain obligations on the part,
(contractor, applicant, customer) pursuant
to the (applicant, customer) Bid/Contract No. for (name of
project) and Section 255.05, Florida Statutes.
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Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No
of
dated
(number)
2003.
(Bank name)
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the CITY of Miami Beach with written notice of our intent to
terminate the credit herein extended, which notice must be provided at least thirty
(30) days prior to the expiration date of the original term hereof or any renewed one
(1) year term. Notification to the CITY that this Letter of Credit will expire prior to
performance of the contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such
undertaking shall not in any way be modified, or amplified by reference to any
documents, instrument, or agreement referred to herein or to which this Letter of
Credit is referred or this Letter of Credit relates, and any such reference shall not be
deemed to incorporate herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts
drawn under and in compliance with the terms of this credit that such drafts will be
duly honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500
and to the provisions of Florida law. If a conflict between the Uniform Customs and
Practice for Documentary Credits and Florida law should arise, Florida law shall
prevail. If a conflict between the law of another state or country and Florida law
should arise, Florida law shall prevail.
Authorized Signature
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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
The Job Order
.'.'.
F.
G.
H.
I.
J.
K.
Technical Specification, Volume III
Proposal and Acceptance Forms
Invitation to Bid
Bonds
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
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City of Miami Beach
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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
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City of Miami Beach
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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
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--
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 Ratinas 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
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City of Miami Beach
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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.
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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
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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
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$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.
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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
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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.
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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.
13.2. 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.
13.3. The payment of any compensation, whatever may be its character or
form, or the giving of any gratuity or the granting of any favor by
CONTRACTOR to any inspector, directly or indirectly, is strictly
prohibited, and any such act on the part of CONTRACTOR will
constitute a breach of this Contract.
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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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 hislher personal attention constantly to the
faithful performance of the works shall keep the same under hislher
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
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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 hislher liabilities or obligations
under hislher contract should any subcontractor fail to
perform in a satisfactory manner the work undertaken by
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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
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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.
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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.
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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
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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 Instructions:
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.
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37.2. No changes shall be made without a written Job Order from the
CITY. No claim for an additional Job Order amount shall be valid
unless so ordered and authorized by issuance a Job Order.
37.3. 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.
37.4. 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.
37.5. 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
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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
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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
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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
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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
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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 andlor are interdependent where necessary
to properly evaluate the design. It is CONTRACTOR's responsibility
to assemble the Shop Drawings for all such interconnecting andlor
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.
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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
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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
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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.
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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.
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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
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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 MESOTHELlOMMND 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 andlor nonfriable
asbestos-containing material may be encountered in
area(s) where contract work is to be performed. Friable
asbestos containing material means any material that
contains more than one percent asbestos by weight that
hand pressure can crumble, pulverize or reduce to powder
when dry. Nonfriable asbestos-containing materials are
materials in which asbestos fibers are bound by a matrix
material, saturant, impregnant or coating. 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.
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55.8.3. Care must be taken to avoid releasing or causing to be
released, asbestos fibers into the atmosphere where they
may be inhaled or ingested. The Occupational Safety and
Health Administration (OSHA) has set standards at 29
CFR 1910.1001 for exposure to airborne concentrations of
asbestos, fibers, methods of compliance, medical
surveillance, housekeeping procedures, and other
measures that must be taken when working with or around
asbestos-containing materials. 29 CFR 1910.1001 has
been identified as applicable to construction (29 CFR
1926.55 gases, vapors, fumes, dusts and mists). The
Environmental Protection Agency (EPA) has established
standards at 40 CFR 61.140-156 for the control of
asbestos emissions to the environment and the handling
and disposal of asbestos wastes. Additionally the Florida
Occupational Safety and Health Administration standards
are applicable to this contract.
55.8.4. Friable asbestos containing materials are not permitted by
current criteria and shall not be used in new construction or
modification projects (ETL 1110-1-118, 27 May 1983).
Plans and specifications for all new construction and
modification projects will be reviewed to ensure that the
use of friable asbestos-containing materials is not called
for.
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
andlor violations of environmental regulations in investigating a
Bidder's responsibility, and further reserves the right to declare a
Bidder not responsible if the history of violations warrant such
determination in the opinion of the CITY. Bidder shall submit with its
Bid, a complete history of all citations andlor violations, notices and
dispositions thereof. The non-submission of any such documentation
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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.
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00900
SUPPLEMENTARY CONDITIONS
PAGE INTENTIONALLY LEFT BLANK
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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 didldid 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)
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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.
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GENERAL DECISION FL020001 10104/2002 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
07105/2002
07/26/2002
1 010412002
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
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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
10101/2001
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 0101/2002
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
07101/2002
Rates Fringes
3.40
3.40
3.40
3.00
4.45
4.45
4.45
Fringes
5.28
Fringes
6.50
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SPRINKLER FITTERS
21.20
7.52
SHEE0032C
03/03/2002
Rates Fringes
SHEET METAL WORKERS (Including
HVAC duct work)
22.40
6.36
----------------------------------- -----------------------------------
SUFL 1027 A 03/04/1999
Rates Fringes
ACOUSTICAL TILE INSTALLER 10.00 0.62
BRICKLA YERSIBLOCKLA YERS 15.36
CARPENTERS (Including Drywall Hanging
and Batt Installation) 12.90 2.40
CARPET LAYERS 14.25
CEMENT MASONSICONCRETE
FINISHERS 14.50 3.15
DRYWALL FINISHERS 12.50
GLAZIERS 13.05 2.42
LABORERS:
Unskilled (Including Mason Tending) 8.70
Pipelayers 13.81
Plasterer Tenders 10.09
PAINTERS, BRUSH 9.61
PLASTERERS 15.05
POWER EQUIPMENT OPERATORS:
Backhoe 15.71 2.85
Bulldozer 14.58 2.85
Grader 15.93 2.85
Loader 15.04 2.85
Concrete Pump Operator 14.78
Roller 12.84 2.85
ROOFERS 9.99
TILE SETTER 12.50 0.87
TRUCK DRIVERS 10.95 1.83
----------------------------------- -----------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which
welding is incidental.
================================================================
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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:
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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
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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
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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
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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:
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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
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00925
CERTIFICATE OF SUBSTANTIAL COMPLETION
(name, address)
CITY AND OR
PROGRAM MANAGER:
PROJECT:
BIDICONTRACT 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.
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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 andlor 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 andlor 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:
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00926
FINAL CERTIFICATE OF PAYMENT
PROJECT:
(name, address)
CITY AND OR
PROGRAM MANAGER:
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 andlor Program Manager
By
Date
CITY andlor 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
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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.]
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CONTRACTOR
WITNESSES:
Name
By
Date:
January 2003
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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.
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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
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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............................................................ 15 4
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
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02000 .Joe 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
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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
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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.
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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.
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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 (I.e. 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
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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
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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 helshe 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
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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, foreperson, 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
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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.
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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
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*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 engineeringlarchitectural
drawings and approvals and permits, Allowance will be made to
provide adequate time for preparation and submittal of the necessary
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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.
12.6. 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
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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
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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.
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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 andlor
equipment for a specific project. In those cases the Contractor shall provide
transportation of any CITY furnished equipment/materials 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 equipment/materials 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
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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
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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 CoordinatorslProgram 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 hislherlher 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 CoordinatorlProgram Manager, in addition to those
matters elsewhere herein delegated to the Project CoordinatorlProgram
Manager and expressly made subject to hislherlher 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 CoordinatorlProgram
Manager deems necessary, including the necessity for issuing
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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 CoordinatorlProgram 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 CoordinatorlProgram 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
CoordinatorlProgram Manager at the Site, and subject to review by the
Project CoordinatorlProgram 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.
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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 andlor 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
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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.
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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
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32.3.1.5.
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.
32.3.1.6.
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
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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.
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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 replacelrepair all pieceslparts 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 andlor hislher subcontractors shall furnish, erect and maintain
such signs as may be required by compliance with local codes andlor 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
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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 hislher intention to store and use explosives. Explosives shall
be stored in a secure and safe manner in strict conformity with all state and
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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 hislher 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.
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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 hislher
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 andlor 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.
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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 hislher own portable electric
system or make temporary connections to the existing electrical
system as necessary or make arrangements with the power company
at hislher own expense, to supply hislher 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 hislher 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.
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42.5. Temporary Field Offices:
42.5.1 . On some Job Orders the CONTRACTOR may be required provide
hislher 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
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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 andlor 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
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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" 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
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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 andlor subcontractors or their qualified representatives
shall attend conferences with CITY's representatives, at a frequency as
determined by the CITY, for the purpose of coordinating or expediting the
Work.
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
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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 modellmost 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 wlUL TRA ATA controller.
51.2.3. Premium Multimedia Package.
51.2.4. Fastest available standard datalfax 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 PCI1 0/1 00 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.
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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.
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