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Contract w/ Ric-Man Construction, Inc. CI /1 k0/2...(1 IC) 2 I CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the day of C , 2019, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and Ric-Man Construction, Inc. (the "Contractor"): WTTNESSETH,that the Contractor,for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB No. and Title: 2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's 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 Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. 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. The Contract is an indefinite-quantity contract for construction work and services. The Contractor shall perform all work required, necessary, proper for or incidental to completing the Detailed Scope of Work called for in each individual Job Order issued pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog® and the following Adjustment Factors: Normal Working Hours Adjustment Factor: means the hours contained in the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays: Horizontal (Right-of-Way): 1.0650 Other Than Normal Working Hours Adjustment Factor: means the hours outside the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday, Sunday, and City Holidays: Horizontal (Right-of-Way): 1.0850 Partial and-Final Payments will be made as provided for in the Contract Documents. • 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, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: Procurement Department 1755 Meridian Avenue 3rd Floor Miami Beach, FL 33139 Attn: Alex Denis With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 .For Contractor: 420 Lincoln Road Suite 408 Miami Beach, FL 33139 Attn: 2 • • IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA AO , . 7-ai Y -' .Rafael E. Gra iadoj Cit Cl k = Dan Gelbe , Mayor 4 \C) [seal] �: r Rp 1^'�"' ` 1, ATTEST: `:�. ..• iCr.MA1 . ONSTRUCTION, INC. - •4;---(iic,_?. / y 1-17——,, ''' ''' -1 yj Name:Cynthia Moref eld, Secretary Name: Steven Mancini, President [seal] APPROVED AS TO FORM_&LANGUAGE &FOR EXECUTION (Nti` 1 n City Attorney p e Date V �- 3 ATTACHMENT C CONSULTANTS RESPONSE TO THE ITB FLORIDA DEPARTMENT©ESTATE DIVISION OF CORPORATIONS DIVISION Of mCo1uo1TIoNs - - . , ah. official Stare of Florida website Department of State / Division of Corporations / Search Records / Detail By Document Number / PreviouszOn List, Nex!On Lis# Return to List No Events ,No Name History Detail by FEI/EIN Number Foreign Profit Corporation RIC-MAN CONSTRUCTION, INC. Filing Information Document Number F02000006152 FEI/EIN Number 38-1943960 Date Filed 12/11/2002 State MI Status ACTIVE Principal Address 38600 Van Dyke Ave. Suite 100 STERLING HGTS, MI 48312 Changed: 03/29/2019 Mailing Address 2051 Green Road Suite D ' Deerfield Beach, FL 33064 Changed: 03/29/2019 Registered Agent Name & Address , COGENCY GLOBAL INC. 115 NORTH CALHOUN STREET-STE. 4 TALLAHASSEE, FL 32301 Name Changed: 11/19/2018 • _ Address Changed: 11/19/2018 Officer/Director Detail - Name&Address Title President • MANCINI, STEVEN M. 38600 Van Dyke Ave. Suite 100 STERLING HGTS, MI 48312 Annual Reports Report Year Filed Date 2018 03/24/2018 2018 11/21/2018 2019 03/29/2019 • Document Images 03/29/2019--ANNUAL REPORT View image in PDF format 11/21/2018—AMENDED ANNUAL REPORT - View irnage in PDF format 11/19/2018—Reg.Agent Change View image in PDF format •m 03/24/2018—ANNUAL REPORT View image in PDF fomiat 10/12/2017—AMENDED ANNUAL REPORT View image in PDF format 02/15/2017—ANNUAL REPORT View image in PDF format 03/08/2016—ANNUAL REPORT View image in PDF formats 03/17/2015--ANNUAL REPORT View image in PDF format 02/11/2014—ANNUAL REPORT View image in PDF format 02/27/2013—ANNUAL REPORT View image in PDF format 02/21/2012--ANNUAL REPORT View image in PDF format . 01/25/2011 —ANNUAL REPORT View image in PDF format 02/15/2010—ANNUAL REPORT View image in PDF format 03/17/2009—ANNUAL REPORT View image in PDF format 01/21/2009—ANNUAL REPORT View image in PDF format 01/23/2008--ANNUAL REPORT View image in PDF format 01/19/2007—ANNUAL REPORT View image in PDF format 01/11/2006—ANNUAL REPORT View image in PDF format 07/15/2005--ANNUAL REPORT View.image in PDF format 04/28/2004--ANNUAL REPORT .View image in PDF format ,• 02/06/2003--ANNUAL REPORT View image in PDF.format 12/11/2002--'Foreign Profit • View image it PDF format I i K Previous On List; Next On List Return to List } th Euents No Name History Florida Department of State,Division of Corporations CITY OF MIAMI BEA JOB ---- - CH ORDER CONTRACTOR SERVICES HORIZONTAL RIGHT-OF-WAY ITB No. 2019-257- KB June 19, 2019 '''''(..**, '-'• ,;-. ,' '- 7, ..1 ' 1'. 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' • .,,*,-,;,„-c.,7- - .; ,. ,- .;„ %A..2; .. . 4:„.„.„,,,,..,. .... ,....4„ , it. ...2_,... ,.. c.-------smi----------ifiA4 Submitted By.. iii10.1114111* 10 Ric-Man Construction, Inc. . u, IIIG0 11 STERLING NTS tu-c 420 Lincoln Road CON817 MANI fto.- Suite 408 INC. CONST. INC. . , Miami Beach, FL 33139 TAB A CONTRACTOR QUALIFICATION FORM (APPENDIX A) TABLES OF CONTENTS TAB B MINIMIUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS TAB C BID TENDER FORM & BID BOND TAB D BID FORMS Vic. yc-"4a j► CONK INC. CONOI INC. MIAMI,FI�NAs7FRGNp IliS.,leVCN1_ A Contractor Qualification Form • Organizational Chart • Staffing Plan • Code of Ethics , , .,,;,,,, ,..,, .:_.,,,,,,.„,,,, , ,,..,: , ,, .. :444:L.. Tr'‘:,11.7.:•-_- ,„ t, ,,,, t.tr-t.,..f' - , 44%,',.- ,',. ,,,A ' , - "" ',, 1 ` .1. " - - ,ti-,'-' , -,..- , %eit, .:',`' ' '- . ..":''' . ° PAro L.''' .. 1. 7-"" . t„.., • - -—"' ;'...,.-,•-,..- - -) .4,,. • ,- ,'''''''''97.0. 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',"':.'• .;2:';‘ 1.„.r*VA.,:t.-.1,21,,.,k, \-'''' ' '.?: :,'-i•tq...'- In _ ..__„,- --,..„ --- , ,k....„-t•--2„.... . z , MIAMIBEACH APPENDIX A I AM1 BEAC H Contractor - Qualification Form FOR CONSTRUCTION PROJECTS MUST BE SUBMITTED WITH THE BID • 0 f t 13 I 2019-257-KB M • • Yom- r��iv- tN 3m c ^: '`y1 r.�v'.- aE^,K "�" s=�-i�. •°H..'""."�y,'�. ' t ..1 s. iv� 3 'm:.T.j. ..}} t .. .. 7n.::._ri'�% !VSVk4�c57Lerfeh x'...�?.��.'k.,n.i z`J•...uJ af..c a. ..,. .,.�' :. 14 a' • .s...,+x:" ` ._ .s=�s'de: ,ii R�.Y * >A.+.uQ..,�. �-v, MIAMIBEACH Contractor Qualification Form instructions Section 1, Required Form. The Contractor Qualification Form is a required form that must be submitted, completed and executed, with the bid or within 3 days of request by the City. No bid will be considered without the Contractor Form. Bidder's failure to submit this form as stipulated herein shall render its bid non- responsive. Section 2, Submittal Instructions. The Contractor Qualification Form will not be considered until it has been submitted completed and executed by a principal of the applicant. Incomplete applications shall not be considered. If requested information is not applicable, please indicate "N/A" or "None." If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages, which must be attached to the application. All requested documents must also be attached to the application. Failure to attach all requested documents will delay review and approval of the application. The City reserves the right to request clarifications or additional information as deemed necessary to evaluate an applicant's qualifications. When clarifications or additional information is requested by the City,Applicants will have seven (7) business days to provide, in full, all the requested information. Failure to provide the information within the prescribed timewill delay the review process and rrEryresult in denial of prequalification. Part A—General Bidder Information. FIRM NAME: Ric-Man Construction NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS NO.OF EMPLOYEES: 54 Years LOCALLY: 37 Years 75 Employees OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): • 38600 Van Dyke Avenue, Suite 100 CITY: Sterling Heights STATE: ZIP CODE: Michigan 48312 TELEPHONE NO.: 586-739-5210 TOLL FREE NO.: FAX NO.: 586-739-8290 FIRM LOCAL ADDRESS: 4?0 Lincoln Road, Suite 408 CITY: Miami Beach STATE: ZIP CODE: Florida 33139 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Victor G. Menoral ACCOUNT REP TELEPHONE NO.: 786-649-07 15 • ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: vmenocal@ric-man.com FEDERAL TAX IDENTIFICATION NO.: 38-:1943960 APPLICANT FIRM IS: X CORPORATION I PARTNERSHIP I SOLE PROPRIETORSHIP I OTHER(If other,specify: 14 I 2019-257-KB • S ,Z .,•{ 1' `1i: q.. N'k"-r i wv -t�fy.,.� 4h 1� t f -3 a .y i uta �. " sr" ..W..:...., w:..nci��.?..e.:.: . ..,a,,..te d6`r,.,h:?�l �,t��...u,s.,�. .kY?}k... t�i�'��. :x.�,..n...�t..r:.�;'1•<su:.Ctl,-1s.cr S.."i .s...4,r.>-.z?�E3'.�,... ., MIAMIBEACH 15 I 2019-257-KB • MIAMI BEACH Part B—Proposed Team. 1. Organizational Chart. Submit an organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background,work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent 2. Staffing Plan. Submit a staffing plan that clearly illustrates the key elements of the proposed organizational structure.`The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Part C—Operational&Management Information. 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company,below.Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type Steven Mancini 100% President 2. Provide three (3) residential renovation projects that the applicant has completed in the last five (5) years. See attached project experience sheets under Tab 2. Project Description of Work Project Reference City of Miami Beach Stormwater Pump Station Construction Name:Elizabeth Wheaton Pump Station at 19 Street East of Meridian Email: ElizabethWheaton@miamibeachfl.gov Telephone:305-673-7080 Name: Pedro Vigil DB13-WASD-01 Design/Build Services Installation of Gravity Sewer for Installation of Gravity Interceptors Interceptors Email: Pedro.Vigil@miamidade:gov for Master Pump Station NO.3 Telephone:305-205-5152 D610-WASD-01 ESP Design/Build Replacement of Water Main and Name: Isaac Gutierrez Services for Replacement of 20-Inch Sewer Main Email: IGuti@miamidade.gov WM and 54-Inch Force Main Telephone:786-268-5173 • 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? YES x NO If yes,why? Not Applicable • • 16 I 2019-257-KB • - MIAMIBEACH 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? YES x NO If yes,why? Not Applicable 5. Is the applicant company currently barred by a governmental agency, from bidding,work as a prime or subcontractor? YES x NO If yes,state debarment period and the reason(s)for debarment? Not Applicable 6. Has a surety completed, or paid for completion, of a project on behalf of the applicant company, within the last five(5)years? YES x NO If yes,why? Not Applicable 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5)years? YES x NO If yes,why? Not Applicable 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? x 4 YES NO If yes, state the name of the affiliate? We currently have a project with the City of Miami Beach. City of Miami Beach Stormwater Pump Station at 19 Street East of Meridian • 17 I 2019-257-KB MIAMIBEACH 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? YES x NO If the answer is"yes,"identify the company and type of relationship(s), below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director, officer, or agent of thea••licant company affiliated with another company? ' YES x NO If the answer is"yes," provide the following information for each individual and the affiliated company. Individual's name Affiliated company's name Period of Type of affiliation (e.g. affiliation officer,director,owner or employee) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5)years? YES x NO If yes,explain and attach,as applicable, the relevant case and court documents, including(but not limited to):the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. Not Applicable 12. Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy withinthe ast five(5) years? YES I x NO If yes,explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. Not Applicable 13. Has any owner, director, officer, or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? . 18 I 2019-257-KB MIAMIBEACH X ' YES NO If yes, explain. Ric-Man Detroit, Inc. -Steven Mancini is 100% Owner. Ric-Man Construction Florida, Inc. -Steven Mancini is no longer affiliated/owner of the company. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or 'rivately owned? ' YES X NO If yes, explain. Not Applicable 15. Are there currently any liens, suits, or judgments of record pending against any owner, director, officer,or agent for the compan that is related to construction activities of a business organization? YES x NO If yes, explain. Not Applicable 16. Has the applicant company or any of-its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? No If yes, explain. Not Applicable 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? ' YES x NO If yes, explain. Not Applicable 18. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child)of any officer, director,employee or agent, an ern.loyee of the City of Miami Beach? YES x NO 19 I 2019-257-KB MIAMI BEACH If yes,state name,title and share of ownership Name Title Share(%)of Ownership 19. Has the applicant, or any officer, director,employee or agent, contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES x NO If yes, provide details. • Not Applicable 20. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code"). Does the applicant maintain a corporate code of business ethics? X YES NO 21a. If yes, attach. If no, will the applicant accept the City's code of ethics (available at available at http://www.miamibeachfl.govlcity-hall/procu rementlprocurement-related-ordinance-and-procedures)? YES NO 21. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. Does the applicant agree to be comply with this prohibition? X YES NO 22. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). YES _ x NO Certifying Agency Certification Type 23. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide "Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located 20 I 2019-257-KB MIAMI BEACH in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? X YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? X YES NO C. Please check all benefits that apply to your answers above and list in the "other section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health X X Sick Leave X X I Family Medical Leave X X Bereavement Leave x X 24. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES x NO If yes, explain. 25. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2- 375(a)of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 26. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual 21 I 2019-257-KB MIAMI BEACH with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit,. Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a.material breach of contract,and shall entitle the City to the immediate termination for cause of the Contract,in addition to any damages that may be availableat law and in.equity. • CONTRACTOR QUALIFICATION FORM AFFIDAVIT The undersigned agrees that s/he: 1)'is a principal of theapplicant duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s) are complete,true, and correct to the best of his/her knowledge and belief; 2) s/certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership, management,or financial condition of the company. Further,any prequalification applicant, including its principal(s), director(s), and any affiliate,who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall bedeclared delinquent and have its certificate suspended ol" revoked and will be subject to debarment and any other penalties prescribed by law.. The undersigned affirms that the applicant agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices and the contents of any Addenda released hereto;2)that it has not colluded, nor will collude, with any other applicant;3)that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data andinformation contained in the proposal are true and accurate. .. .. ..._ _...___. :___ _.__.___...m_ .._ Name: Title(must be a principal of the applicant): Steven - 'ni President Sign. = Dater 06/14/19 22 I 2019-257-KB ORGANIZATIONAL CHART CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR SC. M jC■M4te HORIZONTAL RIGHT-OF-WAY - ITB NO. 2019-257-KB CONSAT.1 INC. CON84 INC. ORGANIZATIONAL CHART MIAMI,F40RIDA 81>:RtwourS.,0000 0 • Project Executive Steven Mancini --- - -- -- - - - STAFF ROLE QUALIFICATIONS Safety Officer _ William Parker Vice-President1i f - 1 Bachelor of ScienceOakland Univ Dennis Oszust Steven Mancini $ Principal 38 Years of Experience Estimator ._.,1 1 . w _ �_ I it - Ric-Man Construction since 1981 Gino D'Agostinii , .._.. ___ __._-.-.___._r. Bruce Roemmich Project Manager Bachelor of Science-Univ.of Detroit Victor G.Menocal Dennis Oszust Vice President 56 Years of Experience Ric-Man Construction since 2015 Construction 1I Bachelor of Science-Florida Int'I.Univ. Victor G Menocal II , Manager 21 Years of Experience in HeavyCivil and Assistant Project Managers Concrete Subcontractors . ProjectgP Greg Lightfoot Homestead Concrete and - i1 'Utility Construction Drainage Bachelor of Science-Illinois State Univ. Project Superintendent William Parker Safety Officer 29 Years of Experience Damien Pung Roadway Subcontractor E&N Construction Ric-Man Construction since 2010 . ..: Ir .._._ Surveyor General Asphalt II • [Bachelor of Science-Michigan State Marlin Engineering Gino D'Agostini IIChief Estimator 23 Years of Experience in Heavy Civil and Filippelli Surveying Electrical Subcontractor 'Utility Construction South Florida Electrical - - - Utility Contractor Cons. - - B.S.Business Administration Richard Mancini Bruce Roemmich Project Manager/ 28 Years of Experience in Heavy Civil and Construction Landscape&Irrigation Estimator Utility Construction Brightview Landscape , 1!2 _ -- Concrete Subcontractors SFM Services 1 Years of Experience of Heavy Civil Homestead Concrete and . Reliable Sprinklers Services Damien Pung SuperintendentConstruction Experience Drainage !Ric-Man Construction since 1998 Assistant Project 3 Years of Experience Greg Lightfoot Experience in Neighborhood Manager Improvements STAFFING PLAN I. CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR OC HORIZONTAL RIGHT OF WAY—ITB NO. 2019-257-KB CON871 INC. STAFFING PLAN fifbu olvax RESPONSIBLE OFFICE The responsible office for this project shall be our Miami Beach Office which is located on 420 Lincoln Road,Suite 408, Miami Beach, FL 33139. Our office is located approximately 0.3 miles away from the City of Miami Beach City Hall. We will be able to meet with the City for any project at a moment's notice. Additionally, our fully staffed office will be near any project that the City awards us and will be able to attend any site meetings that may be required. This gives us an advantage over our competitors since the majority of our competitors do not have an office within the City of Miami Beach. PERSONNEL REQUIREMENTS AND AVAILABILITY Below is our anticipated availability of both of our key personnel. Key Personnel Availability(As of August 2019) Victor G. Menocal, Project Manager 90% Damien Pung, Superintendent 75% The importance of the Project Manager to the overall success of the project cannot be underestimated. It is essential to timely completion of any project. Moreover, it is equally important to have a Project Manager that has the local knowledge of working within the City of Miami Beach. Mr. Menocal has over 20 years' experience in the construction industry and has experience overseeing projects valued up to $177 million. Mr. Menocal also has over 15 years of design-build experience. The project scopes range from water main, irrigation main, gravity sewer, force mains, drainage, pump stations, lift stations, directional drilling, streetscape improvements, lighting, traffic signal improvements, ITS, neighborhood improvements and bridges. His experience includes approximately 10 major neighborhood improvement projects of over 700 homes each. Mr. Menocal has completed the following projects for the City of Miami Beach in the last 10 years alone. Additional Project Experience in the City of Miami Beach • Sunset Islands No. 3 &4 NIP—Design/Build Project Manager(WM ONLY) • Lummus BP1OE Streetscape Improvements—Design/Build Project Manager • Venetian Causeway Water Main Improvements—Design/Build Project Manager • Oceanfront Streetscape Improvement Project—Design/Build Project Manager • Prairie Avenue Drainage Improvement—Senior Project Manager Additionally, Mr. Menocal's signature project was the FDOT/MDX $177 million for the SR826 (Palmetto Expressway) Section 2 Improvement Project between SW 40th Street/ Bird Road and south of SW 56th Street / Miller Drive, where he served as one of three design-build project managers. This project consisted of the construction of nine new bridges, water main, drainage, sanitary sewer, lighting, landscaping, Intelligent Transportations Systems (ITS), and signalization improvements. Additionally, the scope of this project was similar to this project, including the installation of new water mains, drainage CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR Wiel.111441, HORIZONTAL RIGHT OF WAY—ITB NO. 2019-257-KB CONST. INC. STAFFING PLAN MIgM� Ocunp system, sanitary sewer installation, new street signs, swales and new landscaping along the project limits including on busy intersections such as Miller Drive and Bird Road. SUBCONTRACTORS At this point, we are unsure as to what projects we will be awarded. However, below is a sample listing of subcontractors that we have worked with in the past that have been successful in past projects for the City of Miami Beach. We consider that having past experience with the City of Miami Beach to be essential to any successful project with the City of Miami Beach. Homestead Concrete& Drainage Homestead Concrete & Drainage (HCD) is a Homestead, FL based company, licensed and insured to provide general contracting and project management services for over 3 decades. Three decades of safety, innovation, and quality construction in the Monroe, Miami-Dade, Collier, Broward and Marion Counties. Founded by Alfredo Cordero in 1981, an immigrant with a vision of providing valuable service to his clients, building partnerships in the community, and delivering projects on time,within budget, and to the highest level of satisfaction. HCD today continues to strive in this competitive industry with a solid reputation and the same core values of collaboration, commitment, and integrity. HCD specializes in hardscape improvements such as sidewalks, driveway,curbs and retaining walls. Below is a sample listing of projects that they have worked in the City of Miami Beach: • Washington Avenue Streetscape Improvement • Lummus BP 10B Streetscape Improvements • Sunset Islands No. 3 &4 NIP - • Lummus BP1OE Streetscape Improvements • Oceanfront Streetscape Improvement Project • Prairie Avenue Drainage Improvement • Nautilus Neighborhood Improvements • Alton Road from 5th Street to 16th Street South Florida Electrical Cons. South Florida Electrical Consulting (SFEC) is a utility , S Mt�.N'wMg+,4 � contractor company specialized in small, medium and '; , ,. If'F° '"'; large-scale project developments. SFEC has vast project ?,;y ' experience in the Miami-Dade, Broward, and Palm Beach w \,_;> counties, particularly in project developments for Property, Commercial, Retail, Municipalities and utility companies. SFEC specializes in the electrical installation within the right-of-way such as lighting, signalization and pump stations. • CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR ittCelMI/ HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CON871.11 INC. STAFFING PLAN MI4 ii p�pRl�A Below is a sample listing of projects that they have worked in the City of Miami Beach:' • Lummus BP 10B Streetscape Improvements • Sunset Islands No. 3 &4 Neighborhood Improvements • Sunset Islands No. 1 and 2 Neighborhood Improvements • Lummus BP1OE Streetscape Improvements • Oceanfront Streetscape Improvement Project • Nautilus Neighborhood Improvements • Alton Road from 5th Street to 16th Street • Venetian Causeway Right of Way Improvements • Palm & Hibiscus Right of Way Improvement • Flamingo Neighborhood 11th Street Right of Way Improvements-Phase 1 and 2 Reliable Property Services Reliable Property services is a full-service landscape and irrigation company. They are a fully licensed and insured. They have been in business since 1959. They believe in taking care of their customers by providing excellent customer service along with the best products available. They specialize in irrigation and landscaping. Below is a sample listing of projects that they have worked in the City of Miami Beach: • -Lummus BP 106 Streetscape Improvements •. Sunset Islands No. 3 &4 Neighborhood Improvements • Lummus BP1OE Streetscape Improvements • Oceanfront Streetscape Improvement Project • Nautilus Neighborhood Improvements General Asphalt General Asphalt is the leading provider of airport runway construction and one of _ _ ; the largest Heavy Highway and CivilL\�,��` � contractors in South Florida. They can -� .� satisfy the needs of the most complex ' - - .- ' F%' i projects including but not limited to milling, earthwork, lighting, sandblasting, concrete, thermoplastic, striping, etc. General Asphalt has received many awards throughout the years for its standards of Excellence! General Asphalt's state of the art of paving equipment and dump trucks, ensure that their customer's demands are met with the highest level of service and quality. General Asphalt constantly strives to meet and exceed the paving requirements of the project. General Asphalt will be performing any roadway reconstruction and milling and resurfacing. CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL RIGHT OF WAY—ITB NO. 2019-257-KB CON871 INC. STAFFING PLAN M►aM,, oa�op Below is a sample listing of projects that they have worked in the City of Miami Beach: • Washington Avenue Streetscape Improvements • Lummus BP 10B Streetscape Improvements • Lummus BP1OE Streetscape Improvements • Oceanfront Streetscape Improvement Project • Nautilus Neighborhood Improvements Allied Trucking The Allied Trucking Group is one of Florida's largest trucking operations. In business since 1984, they have developed a reputation for reliability and responsiveness coupled with competitive pricing and service excellence. They serve Dade, Broward, Palm Beach, Monroe, St. Lucie, Lee, Collier, Hendry, Charlotte, Sarasota, Glades, Martin, Highlands, Okeechobee, Hardee, Hillsborough, Polk, Pasco, Lake, w, i ' Sumter, Hernando, Seminole, Orange, Osceola, Brevard, and Volusia action w counties. They are set up to supply your entire trucking and hauling TRUCKING OF needs from start to finish. Allied is properly licensed and insured with adequate truck Liability limits, and have the capability of providing higher limits of liability if needed.They are the only Trucking Company with an experienced team of Safety and Risk Management on site supported by the excellent expertise of Prime Insurance. Their Safety Dept. helps to ensure the safe and careful completion of your projects through preventive procedures established by our Risk Management team. CODE OF ETHICS 14114141, CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR OC HORIZONTAL RIGHT OF WAY—ITB NO. 2019-257-KB COMA INC. CODE OF ETHICS M►antr, o�ow As requested under Page 20 Question No. 20 of Appendix, we are enclosing our Employee Handbook which includes our Code of Business Ethics. RIC-MAN CONSTRUCTION, INC. Employee Handbook Updated: November 20, 2018 TABLE OF CONTENTS SECTION 1 Effective Date Revised Date Introduction 1-1 10/1/2009 12/31/2010 101: Nature of Employment 1-1 10/1/2009 12/31/2010 102: Equal Employment Opportunity 1-2 10/1/2009 12/31/2010 103: Business Ethics and Conduct 1-6 10/1/2009 12/31/2010 104: Immigration Law Compliance 1-6 10/1/2009 12/31/2010 105: Conflicts of Interest 1-7 10/1/2009 12/31/2010 106: Non-Disclosure 1-7 10/1/2009 12/31/2010 107: Disability Accommodations 1-8 10/1/2009 12/31/2010 SECTION 2 201: Personal Data Changes 2-1 10/1/2009 12/31/2010 202: Introductory Period 2-1 10/1/2009 12/31/2010 203: Performance Evaluation 2-1 10/1/2009 SECTION 3 301: Vacation 3-1 10/1/2009 12/31/2010 302: Holidays 3-1 10/1/2009 04/10/2012 303: Paid Time Off(PTO) and Sick Leave 3-2 10/1/2009 12/31/2010 304: Bereavement Leave 3-3 10/1/2009 05/06/2016 305: Jury Duty 3-3 10/1/2009 12/31/2010 306: Worker's Compensation Insurance & Injuries 3-3 10/1/2009 12/31/2010 307: Benefits Continuation (COBRA) 3-4 10/1/2009 12/31/2010 308: ERISA 3-4 10/1/2009 12/31/2010 309: HIPAA 3-4 10/1/2009 05/06/2016 310: Benefits 3-5 10/1/2009 12/31/2010 SECTION 4 401: Safety 4-1 10/1/2009 12/31/2010 402: Use of Phone and Mail Systems 4-1 10/1/2009 12/31/2010 403: Overtime 4-1 10/1/2009 12/31/2010 404: Business Travel Expense 4-2 10/1/2009 07/01/2017 405: Computer, Internet, and Email Usage 4-2 10/1/2009 05/06/2016 406: Workplace Monitoring 4-4 10/1/2009 12/31/2010 407: Personal Automobile Use 4-4 10/1/2009 12/31/2010 408: First Aid 4-4 10/1/2009 409: Personal Protective Equipment 4-4 10/1/2009 12/31/2010 410: No Fraternization 4-5 10/1/2009 12/31/2010 411: Credit Card 4-5 - 8/12/2013 SECTION 5 501: FMLA 5-1 10/1/2009 05/06/2016 502: Leave of Absence 5-2 10/1/2009 12/31/2010 503: Military Leave 5-3 10/1/2009 12/31/2010 SECTION 6 Reserved for future use SECTION 7 701: Employee Conduct and Work Rules 7-1 10/1/2009 12/31/2010 702: Alcohol and Drug Use 7-1 10/1/2009 12/31/2010 703: Drug Testing 7-2 10/1/2009 12/31/2010 704: Attendance and Punctuality 7-3 10/1/2009 04/10/2012 705: Sexual and Other Unlawful Harassment 7-3 10/1/2009 12/31/2010 1 Effective Date Revised Date 706: Dress Code, Personal Appearance & Hygiene 7-4 10/1/2009 12/31/2010 707: Return of Property 7-5 10/1/2009 12/31/2010 708: Security Inspections 7-5 10/1/2009 12/31/2010 709: No Smoking Policy 7-5 10/1/2009 710: Progressive Discipline 7-5 10/1/2009 12/31/2010 711: Problem Resolution 7-6 10/1/2009 12/31/2010 SECTION 8 801: Job Site Inspection Bonus 8-1 10/1/2009 802: Safety Recognition Program 8-1 10/1/2009 12/31/2010 803: Job Site Visitors 8-2 10/1/2009 12/31/2010 804: Vehicle Usage Policy 8-2 10/1/2009 03/04/2014 805: Fuel Card/Charge Cards/Company Accounts 8-3 10/1/2009 806: Personal Property 8-3 10/1/2009 12/31/2010 807: Signature Policy 8-4 10/1/2009 10/6/2009 Employee Acknowledgement Form "A" 10/1/2009 12/31/2010 Section 1 INTRODUCTORY STATEMENT To the extent not pre-empted or superceded by any collective bargaining agreement, this employee handbook shall apply to all employees of Ric-Man Construction, Inc. and all of its affiliate company, including, but not limited to the following Companies: Ric-Man Construction, Inc. Ric-Man Detroit, Inc. This employee handbook will give you important information about working at Ric-Man Construction, Inc. or any 'of affiliate Company of Ric-Man Construction, Inc. (collectively "Ric- Man"). The policies in the handbook explain many of the benefits of working here. The handbook also explains what we expect of you and tells about many of our rules. However, this employee handbook cannot cover every situation or answer every question about policies and benefits at Ric-Man. Also, sometimes we may need to change the handbook. Ric- Man has the right to add new policies, change policies, or cancel policies at any time. The only policy we will never change or cancel is our employment-at-will policy. The employment-at-will policy allows you or Ric-Man to terminate your employment at any time and for any reason. The employment-at-will policy is further described in the policy titled Nature of Employment. If we make changes to the handbook, we will tell you about the changes. EMPLOYMENT POLICIES 101 Nature of Employment You became an employee at Ric-Man voluntarily and your employment is at will. "At will" means that you are free to resign at any time, with or without cause. Likewise, "at will" means that Ric- Man may terminate your employment at any time, with or without cause or advance notice, as long as we do not violate any applicable federal or state law. The policies in this handbook are not intended to create a contract. The policies should not be construed to constitute contractual obligations of any kind or a contract of employment between Ric-Man and any employee. The provisions in the handbook have been developed at the discretion of management and, except for the policy of employment-at-will, may be amended or cancelled at any time, at the sole discretion of Ric-Man. These provisions replace all other existing policies and practices and may not be changed or added to without the express written approval of the chief executive officer of Ric-Man. • 1-1 102 Equal Employment Opportunity and Affirmative Action Plan To give equal employment and advancement opportunities to all people, we make employment decisions at Ric-Man based on each person's performance, qualifications and abilities. Ric-Man does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age, disability, disabled veterans, veterans of the Vietnam era or any other characteristic protected by law. We will make reasonable accommodations(for qualified individuals with known disabilities, unless making the reasonable accommodation would result in an undue hardship to Ric-Man. Our Equal Employment Opportunity policy covers all employment practices, including selection, job assignment, compensation, promotion, transfer, upgrading, raises, recruitment, advertising, discipline, termination and access to benefits and training. The Company's EEO officer is Steve Mancini. If you have a question about any type of discrimination at work, talk with your immediate supervisor or the EEO Officer. You will not be punished for asking questions about this. Also, if we find out that anyone was illegally discriminating, that person will be subject to disciplinary action, up to and including termination of employment. Affirmative Action Plan In compliance with the Civil Rights Act of 1964 and 1991, Executive Order No. 11246 and the Americans with Disabilities Act of 1990 an to reaffirm continued commitment to Equal Employment Opportunity (EEO) and Affirmative Action employment, this is the Company's Affirmative Action Plan. I. Statement of Policy The Company is an EEO Employer. It is the Policy of the Company not to discriminate against any applicant for employment, or any employee because of race, color, religion, creed, national origin, handicap, age, sex, or veteran status. The Company will take Affirmative Action to insure that the Policy is implemented, particularly with regard to: employment; upgrading; promotion; demotion; transfer; recruitment; recruitment advertising; layoff termination; recalling of employees; compensation; training; and working conditions. All employees of the Company will be treated equally. The Company will continue to make it understood by the employment entities with whom it deals, and in employment opportunity announcements, that the foregoing is company Policy; and that all applicants and employees will continue to be compensated, trained, advanced, demoted, terminated, hired, and transferred solely on the basis of the individuals merit. The Company realizes that it is sound business practice to use the entire human resource pool available. Therefore, it is Policy that the Company will continue to encourage Minorities and Females to make application for'employment. It is the Policy of the Company to notify all bidders that it will insure in any contract entered into that Minority and Female- Owned Business Enterprises will be afforded full opportunity to submit bids in response to invitations and will not be discriminated against on the grounds of race, color, religion, creed, national origin, handicap, age, sex, or veteran status in consideration for an award. II. Responsibility for the Program: The Company's EEO Officer's Name: Steven M. Mancini Address: 38600 Van Dyke Ave., Suite 100 Sterling Heights, MI 4831 Telephone number: (586) 739-5210 • 1-2 The EEO Officer is hereby designated the responsibility of implementing, overseeing, and maintaining the Company's EEO Policy. The EEO Officer is given full authority to carry out the program and is given the responsibility to: Develop Policy statements for internal and external communication; Coordinate the EEO program; Assist line management in collecting and analyzing employment data and identifying problem areas. To recognize goals and timetables as set forth in bid conditions and contract specifications and to develop programs to assist in compliance with the established goals. Such programs shall include specific remedies to eliminate any discriminatory practices discovered in the employment system and in the solicitation for bids; Implement and monitor internal audit reporting systems to measure program effectiveness and to determine where progress has been made and where further action is needed and, if necessary, to assure that such action is taken. The EEO Officer will be responsible for the make up, review, and submission of all required utilization reports for Minority and Female workers and Minority and Female contractors; Make recommendations for implementation of the Plan in an orderly and progressive manner and to expand the Plan to strengthen Affirmative Action employment; Review the plan periodically and institute all necessary procedures and changes so as to assure that the Company fulfills its Affirmative Action goals; Post at all job-sites, home office, and area office bulletin boards the necessary program information, the Company's EEO Policy, the name, telephone number, and the address of where the EEO Officer, or designated representative can be contacted at all times concerning any alleged acts of discrimination; Serves as liaison between the company, government regulatory agencies, Minority and Women's Organizations and other community groups. Where possible, participate in programs established by the trade businesses and civic associations for the purpose of advancing EEO; and Assure that the current legal information affecting Affirmative Action is disseminated to responsible officials both internally and externally. III. Dissemination of the Plan a. All members of the Company's staff who are authorized to hire, supervise, promote, and discharged employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement the Company's EEO Policy and contractual responsibilities. To insure that the above Agreement will be met, the following actions will be taken as a minimum: 1) Periodic meetings of supervisory and personnel office employees will be conducted not less than once every six months, at which time the company's EEO Policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable Company officials; 2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer of other knowledgeable Company officials covering all major aspects of the Company's EEO obligations within thirty days following their reporting for duty with the Company; 3) The EEO Officer or appropriate Company official will instruct all employees of the obligations and methods to be followed by the Company in locating and hiring Minority and Female employees. The employees so instructed will include, but not be limited to, all employees engaged in the solicitation of bids from contractors and suppliers and those Company officials that direct recruitment of employees; and 4) Where the Minority and Female goals are not being met in `a job classification, the Company will review the job categories and determine the cause for the situation. Remedial effort may include vigorous recruitment of Minorities and Females, b. In order to make the Company's EEO Policy know to all employees, prospective employees, and potential employees, i.e.; schools employment agencies, labor unions, 1-3 college placement officers, subcontractors,.suppliers, etc, the Company will take the following actions: 1) Notices and posters setting forth the Company's EEO Policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. This will include bulletin boards, offices and construction sites. 2) The Company's EEO Policy and procedures to implement such policy will be brought to the attention of employees by means of meetings, i.e.; toolbox meetings and new employee orientations; 3) The Company will send each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of its commitments under Executive Order 11246; and 4) The Company will notify Minority and Female organizers that it is interested in soliciting bids from available Minority and Female subcontractors and suppliers. IV. Utilization Evaluation In order to give form and content to the Affirmative Action obligation of Executive Order 11246, as amended, the Company has as its objective the elimination of under-utilization of Females and Minorities that might exist in the trades employed by the Company. The Company's recruiting programs will be designed to achieve the goals as set forth in the bid conditions and contract specifications for each project. The Company will apply the goals to the hiring of employees, maintenance of permanent work crews and the hiring, promotion, and maintenance of supervisory and staff positions. The Company will continuously monitor its total work force for compliance with regulatory statutes regarding employment practices. Goals and objectives will be upgraded to conform to the conditions existing in the areas that the company is working if the current goals are not at or above said goals and objectives. V. Recruitment a. When advertising for employees, the Company will include in all advertisements for employees the notation spelled out, "An Equal Opportunity Employer." The Company will also include the wording. "Minorities and Females encouraged to apply." b. The Company will conduct systematic and direct recruitment through public and private employee referral sources, i.e.: State Employment Agencies, Vocational-Technical schools, colleges, and Minority and Female groups for recruitment. The company will also identify Minority and Female contractors as a source of identifying potential subcontractors and suppliers: and c. The Company will encourage its present employees to refer Minority and Female applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring Minority and Female group applicants will be discussed with employees. VI. Personnel Actions a. Wages, working conditions and employees benefits shall be established and administered, and personnel action of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, will be taken without regard to race, color, religion, age, sex and national origin: b. All present employees are requested to encourage Minorities, Female, veterans of the Viet Nam era, and qualified handicapped persons to make application for employment with the Company or to apply for training in an approved On-the-Job Training of Apprenticeship program. It is also the Policy of the Company to satisfy special accommodations for qualified handicapped individuals; c. It is the Policy of the Company to ensure and maintain a working environment free of harassment, intimidation, and coercion at all job-sites, and in all facilities at which employees are assigned to work. The Policy will be rigidly adhered to at all times. Any violation of the Policy should be reported immediately to the supervisor or to the Company's EEO Officer; 1-4 d. Periodic inspections of the Project will be conducted to insure that all working conditions and employee facilities do not indicate discriminatory treatment of the Project site personnel. It is the Policy of the Company that all job-sites and facilities, including company activities are non-segregated; except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes; e. The Company will investigate all complaints of alleged discrimination made, and will take appropriate action; and f. The Company will periodically review selected personnel action in depth to determine whether there is evidence of discrimination. VII. Training and Promotion a. The Company will assist in locating,,qualifying, and increasing the skills of Minority and Female employees and applicants for employment; b. Consistent with its manpower requirements and as permissible under Federal and State Regulations; the Company will make full use of training programs, i.e. pre-apprenticeship, . apprenticeship, and on-the-job-training programs; c. The Company will advise employees and applicants for employment of available training programs and entrance requirements for each; and d. The Company will periodically review the training and promotion potential of Minority and Female employees and will encourage eligible employees to apply for such training and promotion. VIII. Unions- The Company will use its best efforts to obtain the cooperation of the unions with which it has relations to increase Minority and Female opportunities within the union and to affect referrals of such union of Minority and Female employees. Actions by the Company, either directly or through its association acting as an agent will include the following: a. Use it best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more Minority and Female group members for membership in the unions and increasing the skills of Minority and Female group employees so that they may qualify for higher paying employment; and b. In the event a union is unable to refer applicants as requested by the Company within the time limit set in the union Agreement, the Company will, through the recruitment procedures, fill the employment vacancies by taking applications and referring the potential applicants to the union. IX. Sub-Contracting a. The Company will utilize all efforts to use Minority and Female contractors; b. The Company will use its best efforts to assure subcontractor compliance with EEO obligations; c. And the Civil Rights Act of 1964 and 1991, Executive Order 11246, and subsequent orders will be included in all subcontract and purchase orders. X. Records and Reports a. The Company will keep such records as are necessary to determine compliance with the EEO. The records kept by the company will be designed to indicate: 1) The number of Minorities and Females employed in each work classification; 2) The progress and efforts being made in cooperation with unions to increase Minority and Female group employment opportunities; and 3) The progress and efforts being made in securing the services of Minority and Female group subcontractors. b. All such records will be retained for a period of three years following completion of the contract work and shall be available for inspection by representatives of State and Federal Agencies; c. TheCompany will submit all reports required by Executive Order 11246 and the appropriate State and Federal Agencies, and will permit access to its books, records, and 1-5 accounts by the appropriate governmental agency and the Secretary of Labor for purposes of investigation to ascertain, compliance with the rules, regulations, and orders of the Secretary of Labor promulgated pursuant to Executive Order 11246. It will be the obligation of the Company to maintain such records and documentation necessary to demonstrate compliance with the U.S. Department of Labor, OFCCP. XI. Other Work The company will be bound by the EEO clause required by Executive Order 11246, with respect to its own employment practices when it participates in Federal and Non-Federal construction work. 103 Business Ethics and Conduct We expect Ric-Man employees to be ethical in their conduct. It affects our reputation and success. Ric-Man requires employees to carefully follow all laws and regulations and have the highest standards of conduct and personal integrity. Our continued success depends on our customers' trust. Employees owe a duty to Ric-Man and our customers to act in ways that will earn the continued trust and confidence of the public. As an organization, Ric-Man will comply with all applicable laws and regulations. We expect all directors, officers and employees to conduct business in accordance with the letter, spirit and intent of all relevant laws and to not do anything that is illegal, dishonest or unethical. In the event of an accident or incident, except in the event immediately necessary to protect the safety of the public of any person, Ric-Man requires any employee contacted by the media (print, internet, television, radio or any other public forum) for comment regarding industry-related issues to refer any such requests to the President. If you use good judgment and follow high ethical principles, you will make the right decisions. However, if you are not sure if an action is ethical or proper, you should discuss the matter openly with your supervisor. If necessary, you may also contact Steve Mancini for advice and consultation. It is the responsibility of every Ric-Man employee to comply with our policy of business ethics and conduct. Employees who ignore or do not comply with this standard of business ethics and conduct may be subject to disciplinary action, up to and including possible termination of employment. 104 Immigration Law Compliance Ric-Man is committed to employing only people who are United States citizens or who are aliens legally authorized to work in the United States. We do not illegally discriminate because of a person's citizenship or national origin. Because we comply with the Immigration Reform and Control Act of 1986, every new employee at Ric-Man is required to complete the Employment Eligibility Verification Form 1-9 and show documents that prove identity and employment eligibility or any other requirements of the Act as amended. If you leave Ric-Man and are rehired, you must complete another Form 1-9 if the previous 1-9 with Ric-Man is more than three years old, or if the original 1-9 is not accurate anymore, or if we no longer have the original 1-9. 1-6 105 Conflicts of Interest Ric-Man has guidelines to avoid real or potential conflicts of interest. It is your duty as an employee of Ric-Man to follow the following guidelines about conflicts of interest. If this is not clear to you or if you have questions about conflicts of interest, contact the Human Resources Department. No employee of Ric-Man shall accept a gift of any type, including food or drink from any supplier, sub-contractor, distributor or inspector without the written consent of Steven Mancini. Any employee accepting such items will be subject to discipline up to and possibly including termination,of employment. What is a conflict of interest? An actual or potential conflict of interest is when you are in a position to influence a decision or have business dealings on behalf of Ric-Man that might result in a personal gain for you or for one of your relatives. For conflicts of interest, a relative is any person who is related to you by blood or marriage, or whose relationship with you is similar to being a relative even though they are not related by blood or marriage. We do not automatically assume that there is a conflict of interest if you have a relationship with another company. However, if you have any influence on transactions involving purchases, contracts or leases, you must tell an officer of Ric-Man as soon as possible. By telling us that there is the possibility of an actual or potential conflict of interest, we can set up safeguards to protect everyone involved. The possibility for personal gain is not limited to situations where you or your relative has a significant ownership in a firm with which Ric-Man does business. Personal gains can also result from situations where you or your relative receives a kickback, bribe, gift or special consideration as a result of a transaction or business dealing involving Ric-Man. 106 Non-Disclosure It is very important to Ric-Man that we protect our confidential business information, trade secrets and customer information. Confidential information includes, but is not limited to, the following examples: • compensation data • computer processes • computer programs and codes • construction technology • customer lists • customer financial information • customer personal information • customer preferences • financial information • labor relations strategies • marketing strategies • new materials research • pending projects and proposals • proprietary production processes • research and development strategies • scientific data • scientific formulae • scientific prototypes • technological data • 1-7 • technological prototypes If you have access to confidential information, we may ask that you sign a non-disclosure agreement as a condition of your employment. Even without any such signed agreement, you may not disclose any confidential information without Ric-Man's written approval. If you improperly use or disclose a trade secret or confidential business information, you will be subject to disciplinary action, up to and including termination of employment and legal action. This applies even if you do not get any benefit from releasing the information. • 107 Disdbility Accommodation Ric-Man is committed to complying fully with the Americans with Disabilities Act (ADA), if required. We are also committed to ensuring equal opportunity in employment for qualified persons with disabilities. We conduct all our employment practices and activities on a non- discriminatory basis. Our hiring procedures have been reviewed and they provide meaningful employment opportunities for persons with disabilities. When asked, we will make job applications available in alternative, accessible formats. We will also give assistance in completing the application. We only make pre-employment inquiries regarding an applicants ability to perform the duties of the job. Reasonable accommodation is available to an employee with a disability when the disability affects the performance of job functions. We make our employment decisions based on the merits of the situation in accordance with the law as may be amended from time to time. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as job assignments, classifications, organizational structures, position descriptions, lines of progression and seniority.lists. We make all types of leaves of absence available to all employees on a non-discriminatory basis. Ric-Man is also committed to not discriminating against any qualified employee or applicant because the person is related to or associated with a person with a disability. Ric-Man will follow any applicable state or local law that gives more protection to a person with a disability than the ADA gives., Ric-Man is committed to taking all other actions that are necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and any other applicable federal, state and local laws. 1-8 Section 2 201 Personnel Data Changes It is important that Ric-Man has certain personal information about you in our records. You need to tell us as soon as there is a change to your mailing address, telephone numbers, marital status, dependents' information, educational accomplishments and other possibly related information. We also need to have information about whom to contact in case of an emergency. If you wish to review or change your personal information or if you have questions about what information is required, contact Steven Mancini. 202 Introductory Period Ric-Man has a 90-day introductory period for new employees. During the introductory period, we will evaluate your work habits and abilities to make sure that you can perform your job satisfactorily. The introductory period also gives you time to decide if the new job meets your expectations. Your employment with Ric-Man is voluntary and at will. You may terminate your employment at any time during or after the introductory period, with or without cause or advance notice. Likewise, Ric-Man also may terminate your employment at any time during or after the introductory period, with or without cause or advance notice. If you are absent during your introductory period, the length of the absence will automatically extend the introductory period day for day. We may also extend the introductory period if we decide it was not long enough to evaluate your performance. This could happen either during or at the end of the introductory period: When employees satisfactorily complete the introductory period, they are assigned to the "regular" employment classification. Upon completion of the 90-day introductory period, employees will then become eligible to receive the employee benefits set forth in Sections 301- �f 305; S 203 Performance Evaluation We encourage you and your supervisor to discuss job performance and goals on an informal, day-to-day basis. Formal evaluation will be done upon request or as determined by the Company. 2-1 Section 3 301 Vacation Full-time employees of Ric-Man are eligible to receive paid vacation. A Full-time employee is defined as an employee who works 32 hours or more. If you work less than 40 hours, your vacation time will be proportionately less. For example if you work 32 hours, your week vacation will consist of 32 hours and not 40 hours. You are entitled to one week of paid vacation following your completion of one year of employment. You are entitled to two weeks of paid vacation following your completion of two years of employment. Executive employees, defined as those employees earning more than $60,000.00 annually, shall be entitled to receive one week vacation during in their first year of employment, after completion of the Introductory Period, and two weeks vacation beginning in the second year and thereafter. In keeping with a-calendar year benefit schedule, vacation time will accrue during the year (i.e. the one-year and two-year anniversary date) on a pro rata basis. A written request for vacation must be made 30 days in advance of the period that you are requesting. In the event of overlapping requests for vacation, the individual with the most seniority will receive precedence unless the senior person's request was received less then 30 days in advance and the junior person's request was received in advance of 30 days and approved by their Supervisor. A form is available for you to complete to request vacation time. You must use vacation time within the year earned, and you may not carry unused vacation time over to the following calendar year. Vacation time which is not used in the calendar year it accrues is lost and the employee will not be paid for unused time. In the event that your service is terminated, except in rare instances, you will be entitled to vacation pay for any accrued, but unused vacation time. Accrued vacation time will be prorated based on your termination date. 302 Holidays Ric-Man gives time off to all non-union employees who have completed ninety (90) days of employment on the following holidays: • New Year's Day (January 1) • Good Friday • Memorial Day(last Monday in May) • Independence Day (July 4) • Labor Day(first Monday in September) • Thanksgiving day and the day after(fourth Thursday in November and the next day) • Christmas Eve and Christmas(December 24 and 25) • • New Year's Eve(December 31) Eligible employees will be paid for holiday time off. If you are eligible, your holiday pay will be calculated at your straight-time pay rate as of that holiday multiplied by the number of hours you would normally have worked that day. If the holiday falls on a Saturday, the holiday will be 3-1 observed on the preceding Friday. If the holiday falls on a Sunday, the holiday will be observed on the following Monday. If you are eligible for paid holidays, you must either work the last scheduled work day immediately before the holiday or the first scheduled day immediately after the holiday to receive holiday pay. If you are eligible for paid holidays and on the holiday you are on a paid absence, such as vacation, you will get holiday pay instead of the paid time off pay you would have received. Ric- Man does not count holiday paid time off as hours worked when calculating overtime. 303 Paid Time Off and Sick Leave Sick Leave Ric-Man provides salaried employees with time off from work with no loss of pay when illness, injury or other similar circumstance forces the employee to miss time from work. Non-union employees are eligible to accumulate one day of sick leave for each month of uninterrupted service up to a maximum of twelve (12) days. Eligibility for sick time is an on-going process; i.e. sick time restores itself at a rate of 1 day for each month of service. New employees must complete ninety (90) days of service before being eligible to accrue sick leave. To be eligible for sick pay and be excused from work, employees are required to report their absence to their immediate supervisor or department head. If the absence is a day-to-day question, you must call back each day until you return to work. If the period of illness is in excess of two full consecutive workdays, a doctor's certificate will be required. At the end of the pay period, a salaried employee Time Statement must be submitted to the payroll department indicating the days absent. If the employee is incapacitated or bedridden during a vacation, the days may be charged against available sick leave if a written request is made and a doctor's certification if required. • Personal Time Off("PTO") . • Ric-Man also provides every full-time non-union employee with paid time off ("PTO") each year. These days may be used for the following reasons: 1. Personal business that cannot be conducted on personal time. 2. Religious holidays that are not part of the company holiday schedule. Full-time employees shall be eligible for up to 2 days (16 hours) of PTO per calendar year after ninety (90) days of continuous employment with Ric-Man. To be eligible, the employee must have accrued sick leave under the sick leave policy. All Paid Time Off shall be charged against the sick leave total allotment and total sick leave and paid time off shall not exceed twelve (12) days in any calendar year. For new hires only, PTO will be prorated during the first calendar year based on the completion of the 90 days of continuous employment. Paid time off must, with the exception of Acts of God or personal emergencies, be scheduled and approved by the department management at least 48 hours in advance and cannot be taken to extend vacation and/or company holiday. Whenever possible, a request should be submitted to your supervisor 10 days in advance of the requested leave. Requests for PTO must be in writing and specify the reasons for the PTO. A form is available for making a request for PTO. You are not entitled to payment for unused PTO or sick leave days under any circumstances. 3-2 304 Bereavement Leave Ric-Man provides bereavement leave to full-time employees with time off, without loss of salary, in the event of a death of an immediate family member. When a death occurs in the immediate family of an employee, three (3) paid days are provided, if required, not including Saturday and Sunday. Bereavement leave is not to be deducted from the Sick Leave Allowance. To make a request for bereavement leave, see your supervisor. With your supervisor's approval, you can use any available paid leave benefits you have, such as vacation and/or PTO, if you need additional time off. For bereavement leave, "immediate family" means your spouse, domestic partner, parent, child, brother, or sister; your spouse's or domestic partner's parent, child, brother, or sister; your child's spouse or domestic partner; your grandparent or your grandchild. Additions to this list may be granted by Ric-Man giving consideration to other family members and the relationship. 305 Jury Duty Ric-Man encourages you to fulfill your civic responsibilities by serving jury duty if you get a summons. The purpose of this policy is to insure that employees suffer no loss of pay or hardship as a result of civic service. If you are summoned for jury service, Ric-Man shall pay the difference between what the employee receives as jury pay and the employee's base salary up to a maximum of sixty (60) days. If an extended jury duty is anticipated, the employee should request an unpaid leave of absence. Where Ric-Man will suffer undue hardship as a result of an employee's jury duty, employee and Ric-Man shall attempt to change the date of the jury service. In these cases, a written request will be made by the company to defer, not excuse, the jury duty. If you get a jury duty summons, show it to your supervisor as soon as the summons is received. The employee is expected to regularly update Ric-Man as to the jury schedule. This will help us plan for your possible absence from work. We expect you to come to work whenever the court schedule permits, including those dates when reporting is required but the employee is not • selected for service. Subject to the terms, conditions, and limitations of the applicable plans, Ric-Man will continue to provide health insurance benefits for the full period of jury duty leave. At the end of the jury service, the employee shall provide Ric-Man a written statement of the amount received for jury service, which amount will be deducted from the employee's regular paycheck. . • 306 Workers' Compensation Insurance and Injuries Ric-Man provides a comprehensive workers' compensation insurance program to our employees. This program does not cost you anything. The workers' compensation program generally covers injuries or illnesses that might happen during the course of your employment that require medical, surgical or hospital treatment. It is very important that you tell your supervisor immediately about any work-related injury or illness, regardless of how minor it might seem at the time. Prompt reporting helps to make sure that you qualify for coverage as quickly as possible and will allow us investigate the matter promptly. Workers' compensation covers only work-related injuries and illnesses. Neither Ric-Man nor its Worker's Compensation insurance carrier will pay workers' compensation benefits for injuries that might happen if you voluntarily participate in an off-duty recreational, social or athletic activity that we might sponsor. 3-3 307 Benefits Continuation (COBRA) The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) helps employees and their dependents to continue their health insurance, even if they are no longer eligible under our health plan. There are strict rules about when you can use COBRA. COBRA, subject to certain rules and restrictions as may be amended, generally lets an eligible employee and dependents choose to continue their health insurance when a "qualifying event" happens. Qualifying events may include the employee's resignation, termination, leave of absence, shorter work hours, divorce, legal separation or death. Another qualifying event may be when a dependent child stops being eligible for coverage under your health insurance. If you continue your insurance under COBRA, you will be required to pay the full cost of the insurance at the Ric-Man group rate plus an administration fee. When you become eligible for our health insurance plan, we will give you a written notice describing your COBRA rights. Because the notice contains important information about your rights and what to do if you need COBRA, be sure to read it carefully. 308 ERISA As a participant of the Ric-Man Group Health Insurance Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan members shall be entitled to examine all plan documents, at the plan administrator's office, without charge. This includes insurance contracts and copies of all documents filed by the plan with the U.S. Department of Labor. Examples of this include detailed annual reports and plan descriptions. You may obtain copies of all plan documents and other plan information upon written request to the plan administrator. The administrator may make a reasonable charge for the copies. You will receive a summary of the plan's financial report. The plan administrator is required by law to furnish each member with a copy of this summary annual report. In addition to creating rights for plan members, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called "fiduciaries" of the plan, have a duty to do so prudently and in the interest of you and other plan members and beneficiaries. No one, including your employer, may terminate you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA. If your claim for a welfare benefit is denied in whole or in part, you must receive a written explanation of the reason for denial. You have a right to have the plan reviewed and your claim reconsidered. If you have any questions about your Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, you should contact the nearest Area Office of the U.S. Labor-Management Services Administration, Department of Labor. 309 HIPAA The Health Insurance Portability and Accountability Act of 1996 HIPAA, subject to certain rules and regulations as may be amended, generally limits exclusions for preexisting conditions; prohibits discrimination against employees and their dependents based on their health status; guarantees renew-ability and availability of health coverage to certain employers and individuals; and protects many workers who lose health coverage by providing better access to individual health insurance. 3-4 The special enrollment rights apply without regard to the dates on which an individual would otherwise be able to enroll under the plan. Special Enrollment periods apply to you and/or your dependent(s), if you have a new dependent as a result of marriage, birth, adoption or the placement for adoption (qualifying event). Under these rules, a group health plan is required to provide the opportunity for special enrollment for these individuals should they make the request within 30 days of the date the qualifying event occurred. If you decline enrollment under the Ric-Man Group Health Insurance Plan for yourself or your dependents (including your spouse or your domestic partner) and state in writing that you and/or your dependents have coverage under another group health plan or health insurance coverage as the reason for declining to enroll you may also have special enrollment rights. Special enrollment rights may apply to you and/or your dependents in the event that you and/or your dependents are no longer eligible for this other coverage. Your plan may offer an Annual Open Enrollment giving you the opportunity to enroll yourself and/or your dependents if you have previously declined/waived coverage for you and/or dependents. 310 Benefits Ric-Man sponsors a benefits program for all eligible employees. Ric-Man will periodically review the benefits program and,will make modifications as appropriate to the condition of Ric-Man. As such, Ric-Man reserves the right to modify, add or delete the benefits it offers. A change in employment classification that would result in loss of eligibility to participate in the healthinsurance plan may qualify an employee for benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Refer to the Benefits Continuation (COBRA) policy for more information. Details of the health insurance plan are described in the Summary Plan Description (SPD). An SPD and information on cost of coverage will be provided in advance of enrollment to eligible employees. Contact the Personnel Department for more information about health insurance benefits. • • • 3-5 Section 4 401 Safety Our workplace safety program is a top priority at Ric-Man. We want Ric-Man to be a safe and healthy place for employees, customers and visitors. A successful safety program depends on everyone being alert and committed to safety. We regularly communicate in different ways with employees about workplace safety and health issues. These communications may include supervisor-employee meetings, bulletin board postings, memos or other written communications. You are expected to obey all safety rules and be careful at work. You must immediately report any unsafe condition to the appropriate supervisor. If you violate Ric-Man safety standards, you may be subject to disciplinary action, up to and including termination of employment. Violations include causing a hazardous or dangerous situation, not reporting a hazardous or dangerous situation and not correcting a problem even though you could have corrected it. It is very important that you tell the appropriate supervisor immediately about any accident that causes an injury, no matter how minor it might seem at the time. When you report it quickly, we can investigate the accident promptly, follow the laws and start insurance and worker's compensation processing. 402 Use of Telephones If you make personal calls on Ric-Man business phones, we may require that you pay us for any charges. Our telephone communications are an important reflection of our image to customers and the community. Always use proper telephone etiquette. Use of personal cell phones for personal business should be done on breaks or on lunch. Excessive personal use, defined as more than five minutes a day of use of company phones for personal use or use of personal phones on work time shall be subject to progressive discipline up to and including termination. Use of cell phones, mobile devices, pagers and texting are not permitted while operating machinery, automobiles or trucks. Employee shall place in park any machinery before using such devices and further comply with any state and federal law regarding the use of such devices. • 403 Overtime There may be times when Ric-Man cannot meet its operating requirements or other needs during regular working hours. If this happens, we may schedule employees to work overtime hours. When possible, we will try to give you advance warning of a mandatory overtime assignment. It is our policy that no overtime can be worked without the approval and authorization of the supervisor. We try to distribute overtime assignments fairly among all employees who are qualified to perform the required work. Nonexempt employees will receive overtime pay in accordance with the federal and state wage and hour laws. Overtime pay is based on the actual hours worked. For this reason, time off for vacation, PTO and other paid or unpaid leaves of absence are not counted as hours worked when calculating overtime pay. 4-1 • 404 Business Travel Expenses The Company will reimburse you for reasonable business travel expenses if the immediate supervisor approves the travel in writing in advance. After a trip is approved, you should make your travel arrangements through a means and process approved by the Company. We reimburse approved travel expenses such as travel, meals, lodging and other expenses as long as they were necessary to meet the objectives of the trip. You are expected to keep expenses within reasonable limits and retain all receipts. If you are involved in an accident while on business travel, immediately report the accident to your supervisor. If you use a vehicle owned, leased or rented by Ric-Man, you may not use that vehicle for personal reasons unless you received advance approval. When a business trip is over, submit your travel expense report to your supervisor for approval. The fully documented and approved expense report must be submitted to accounting by the 5th day of the month following the requested reimbursement period. With your expense report, you must also submit original receipts for every expense item. You may not request reimbursement for expenses that you did not have or that were not business-related. Employees who do not follow this business travel policy could be subject to disciplinary action, up to and including termination of employment. 405 Computer, Internet and Email Usage To help you do your job, Ric-Man may give you access to computers, computer files, the Internet, the email system and software. You should not use a password, access a file or retrieve any stored communication without authorization. To make sure that all employees follow this policy, we may monitor computer and email usage. All Internet data that is written, sent or received through our computer systems is part of official Ric-Man records. That means that we can be legally required to show that information to law enforcement or other parties. You should always make sure that the business information contained in Internet email messages and other transmissions is accurate, appropriate, ethical and legal. Therefore, there should be no expectation of privacy when using the company email system or accessing the Internet on company computers or phones. Internet, computers and phones may be made available to you for use on Company business. Incidental personal use of these devices is permitted, however, excessive personal usage during work hours is subject to discipline. In addition, any additional charges to Ric-Man for data usage or other fees incurred as a result of your personal usage shall be your responsibility to pay or reimburse Ric-Man. We try hard to have a workplace that is free of harassment and sensitive to the diversity of our employees. Therefore, we do not allow employees to use computers or email in ways that are disruptive, offensive to others or harmful to morale. At Ric-Man, you may not display, download, send or receive emails with sexually explicit images, messages and cartoons. You also may not use computers, Internet and email for ethnic slurs, racial comments, off-color jokes or anything that another person might take as harassment or disrespect. Also, you may not write, send, read or receive data through the Internet that contains content that could be considered discriminatory, offensive, obscene, threatening, harassing, intimidating or disruptive to any employee or other person. Examples of unacceptable content include (but are not limited to) sexual comments or images, racial slurs, gender-specific comments or other comments or images that could reasonably offend someone on the basis of race, age, sex, religious or political beliefs, national origin, disability, sexual orientation or any other characteristic protected by law. 4-2 • You may not use email to ask other people to contribute to or to tell them about businesses outside of Ric-Man, religious or political causes, outside organizations, or any other non-business matters. The equipment, services and technology that you use to access the Internet are the property of Ric-Man. Therefore, we reserve the right to monitor how you use the Internet. We also reserve the right to find and read any data that you write, send or receive through our online connections or is stored in our computer systems. Ric-Man buys and licenses computer software for business purposes. We do not own the copyright to this software or its documentation. Unless the software developer authorizes us, we do not have the right to use the software on more than one computer. You may only use software on local area networks or on multiple machines according to the software license agreement. Ric-Man prohibits the illegal duplication of software and its documentation. Ric-Man does not allow the unauthorized use, installation, copying or distribution of copyrighted, trademarked or patented material on the Internet. If you use the computers, Internet or e-mail in a way that violates the law or Ric-Man policies, you will be subject to disciplinary action, up to and including termination of employment. You may also be held personally liable for violating this policy. The following are some examples of prohibited activities that violate this Internet policy: • Sending or posting discriminatory, harassing or threatening messages or images • Using the organization's time and resources for personal gain • Stealing, using or disclosing someone else's code or password without authorization • Copying, pirating or downloading software and electronic files without permission • Sending or posting confidential material, trade secrets or proprietary information outside the company •. Violating copyright law • Failing to'observe licensing agreements • Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted Internet services and transmissions • Sending or posting messages or material that could damage the organization's image or reputation • Participating in the viewing or exchange of pornography or obscene materials • Sending or posting messages that defame or slander other individuals • Attempting to break into the computer system of another organization or person • Refusing to cooperate with a security investigation • Sending or posting chain letters, solicitations, or advertisements not related to company purposes • Using the Internet for political causes or activities, religious activities or any sort of gambling • Jeopardizing the security of the organization's electronic communications systems • Sending or posting messages that disparage another organization's products or services • Passing off personal views as representing those of the organization • Sending anonymous email messages • Engaging in any other illegal activities. If you know about any violations to this policy, notify your supervisor or Steven Mancini. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment. 4-3 406 Workplace Monitoring Ric-Man may conduct workplace monitoring to help ensure quality control, employee safety, security and customer satisfaction. Because we are sensitive to employees' legitimate privacy rights, we will make every effort to guarantee that workplace monitoring is always done ethically and with respect. 407 Personal Automobile Use Ric-Man is not responsible for damage to your personal automobile when you are using it for company business. Ric-Man will reimburse you based upon actual miles driven times the rate established by Ric-Man. This reimbursement will be deemed to totally compensate you for all gasoline mileage, wear and tear and insurance costs associated with the business use of the vehicle. We recommend you have appropriate insurance on the vehicle you drive. 408 First Aid In the event of a life threatening emergency,-call 911. If an accident or illness should occur, no matter how slight, notify your manager or supervisor immediately so that appropriate medical treatment can be administered. It is imperative that employees take extreme care in case of an accident, both on and off the job. The transfer of any body fluid (blood, saliva, urine, etc.) may pass on a blood borne pathogen. Use caution to avoid contact with these body fluids. Each first aid kit contains plastic gloves, please be sure to use them. On the job injuries will be handled in accordance with applicable laws. Any employee who is injured while on the job must notify Steven Mancini immediately to be eligible for coverage provided under our Workers' Compensation policy. As part of our Drug Free Work Place program, you may also be required to submit to drug testing if you are injured on the job. 409 Personal Protective Equipment It is the policy of Ric-Man that all non-office employees comply with the Michigan Occupational Safety'and Health Act standards in regards to the use of personal protective equipment. Violation of the policy will subject non-office employees to discipline as outlined in this section. 1) This company shall provide all personal protective equipment as required in Part 6 of the MIOSHA standards, OHSA standards or the similar standards of any state in which a project is located. 2) All employees outside of a cabbed vehicle or covered piece of equipment must wear a hard hat. There will be no exceptions to this rule. 3) All employees must wear required hand protection, gloves, etc. when an employee is exposed to hazards such as radiation, alkalis, acids, adhesives and temperature extremes other than that caused by weather conditions. The company will supply appropriate hand protection other than ordinary work gloves. 4) Any employee directing vehicular traffic must wear a fluorescent orange/green vest. 5) All employees must wear 1 inch rubber sole steel toed foot protection. Tennis shoes or similar footwear is strictly forbidden. 6) All employees must wear long pants. Shorts, sweatpants or similar clothing is strictly forbidden. 7) The use of face and eye protection will vary according to the task performed. All employees must consult with their foreman to determine the proper method of protection and this protective gear must be worn. 8) Any personal protective equipment that is found to be defective shall be immediately reported to the foreman. 9) Acknowledgement of receipt of personal protective equipment will be maintained by the company. 4-4 Violation of this policy will subject the employee to progressive discipline as set forth in this Handbook. 410 No Fraternization It is the belief that fraternization among employees is detrimental to morale and the interests of the Company as it may lead to animosity, sexual harassment or favoritism unrelated to the operations of the Company. Therefore, Ric-Man has a policy that fraternization amongst employees is prohibited. Fraternization shall include, but is not limited to, dating, romance, intimate relationship, sexual relations, romantic or sexual advances with, toward or to anyone other employee of Ric-Man or its affiliates. A violation of this policy will result in discipline, up to and including termination of employment. The results of any investigation into the relationships of ' any employee shall be deemed confidential. 411 Credit Card Policy Purpose: To set forth guidelines regarding the application, use, and termination of credit cards issued to Ric-Man Construction, Inc. employees. Overview: It is the policy of Ric-Man Construction, Inc. to issue and permit use of company credit cards by employees designated by the Company President, Vice President or Corporate Officer(the "Company")for charging legitimate Company business expenses but only in accord with this policy. Eligible employees are those who are or will be regularly incurring legitimate business expenses. After reading this policy, all employees who currently have obtained a company credit card must sign the addendum to this document and return it to Accounts Payable. Effective immediately, the recipients of this document are mandated to abide by the following Company Credit Card Policy and procedures. The following usage and documentation procedures are to be followed: - CREDIT CARD CARDHOLDER AGREEMENT Policy: Credit cards are issued at the discretion of the Company President, Vice President or Corporate Officer to current employees who have been determined to incur legitimate business expenses. The employee (i.e. cardholder) agrees to comply with all applicable Ric-Man Construction, Inc. policies and procedures and this Credit Card Cardholder Agreement(see attached acknowledgement form). When signed and accepted, this form acts to assign the formal delegation of purchase authority to a current Ric-Man cardholder to execute authorized credit card purchases for business purposes. Compliance with Policy,Violations and Consequences: Cardholder violations to this agreement, or to any Ric-Man Construction, Inc. policy regarding the purchase of goods or services, will be investigated by the Company who will decide on the actions that may be taken which may include: written warning;revocation of credit card privileges, cancellation of delegation or purchasing authority, criminal prosecution, and disciplinary action up to and including termination. Ric-Man Construction, Inc. will consider the facts and circumstances of each incident, and will take action as deemed appropriate, and as permitted by applicable law and/or Ric-Man Construction, Inc. policy. 4-5 Credit card violations may include but are not limited to: • Purchase of items for personal use. • Allowing unauthorized users to use the company credit card. • Use of credit card for cash advances. • Exceeding card credit line limit without written Company approval. Note: Any violations to the Company Credit Card Policy will result in notification to the cardholder's direct Supervisor/Manager and may subject Employee to discipline up to and including termination. Ownership and Cancellation of the Credit Card: The credit card remains property of Ric-Man Construction, Inc. It may not be transferred to, assigned to, or used by anyone other than the designated cardholder. The cardholder is accountable for the activity on the card. Ric-Man Construction, Inc. may set or change credit limits, or suspend or cancel cardholder privileges at any time for any reason. The cardholder will surrender the credit card upon request to Ric-Man Construction, Inc. Transactions on the credit card will be fully disclosed to the Company and may be disclosed to third parties. Employees should have no expectation of privacy concerning purchases on the Company credit card. Spending Limits: Each credit card has a pre-set limit that may not be exceeded unless there is prior written authorization from the Company. • Receipts: It is the cardholder's responsibility to obtain transaction receipts from the merchant each time the credit card is used. Individual transaction receipts are to be submitted to the designated expense processor at 6850 19 mile Road, Sterling Heights, MI. 48314. The designated expense processor along with the cardholder's authorizing Manager will be responsible for review and approval. Failure to turn in receipts or other supporting documentation to the designated expense processor within 30 days of purchase will result in, suspension or forfeiture of company credit card. Disputed Items: It is the cardholder's responsibility to follow-up on any erroneous charges, returns or adjustments to ensure proper credit is given on subsequent statements. Protecting the Credit Card: The credit card is valuable property which requires proper treatment by the cardholder to protect it from misuse by unauthorized parties. Validation and Safekeeping: The Employee must sign the credit card immediately upon receipt. The credit card should always be treated with the same care as personal credit cards, bankcards, cash and checks. Keep your card in an accessible but secure location. When using the credit card for internet purchases, cardholders should make sure that the site utilizes industry recognized security and encryption transmission tools. When the expiration date is passed and/or after you have received a replacement credit card, cut the old credit card in half and dispose of it. Make sure the credit card is returned to you after each charge and verify that the returned credit card has your name on it. Lost or Stolen Credit Cards: 4-6 If the credit card is lost, stolen, or in the case of identity theft, notify the office of Ric-Man Construction, Inc. "immediately" at 586.739.5210. RESPONSIBILITIES CARDHOLDERS: Cardholders must use the card responsibly and in accordance with this policy. Cardholder responsibilities include: • Purchasing items for Ric-Man Construction, Inc. business use only. • Never lending or sharing the credit card or account number. Purchasing only goods and services that are approved by Ric-Man Construction, Inc. and/or supports Ric-Man Construction business. • Submitting purchasing documents, such as sales receipts within 30 days of date expenses were incurred. Sales receipts must be originals, entire receipts and include purchase details and carry employee's original signatures. • Responding to inquiries within 5 days of a request for additional information. • Returning the credit card to your assigned Manager upon leaving Ric-Man Construction, Inc. or the position which entitled us of the card, or upon request by Ric-Man Construction, Inc. • Reading this policy and signing the"Company Credit Card Policy Acknowledgement" (attached) as verification of understanding to comply with Ric-Man Construction Inc. policies. • .Reimbursement to Ric-Man for all charges not made in accordance with this Policy. Designated Expense Processor: Designated expense processor is responsible for: • Monitoring card usage to ensure that internal policies and procedures are being followed. • Notifying Upper Management of any possible violation of company policies. • Providing this corporate policy to new cardholders prior to providing them a credit card, and obtaining the signed policy. • 4-7 Section 5 501 Family and Medical Leave Act When required by law, Ric-Man will comply with the Family and Medical Leave Act of 1993 (FMLA or Act) as may be amended subject to certain rules and restrictions which generally allows "eligible" employees of a covered employer to take job-protected, unpaid leave or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months. Covered events may include the birth of a child andto care for the newborn child, because of the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, domestic partner or parent) with a serious health condition, or because the employee's own serious health condition makes the employee unable to perform the functions of his or her job. The 12 month period is calculated as follows: a "rolling" 12-month period measured backward from the date an employee last returned from any FMLA leave. Rules concerning eligibility for lease and regulations and qualified reasons for leave change from time to time. Please contact Steven Mancini if you have any questions about whether the Company is subject to the Act, whether you are an eligible employee or whether a reason for leave is a qualified reason. A husband and wife, or domestic partner who are eligible for FMLA leave and are employed by us may be limited to a combined total of 12 weeks of leave during any 12-month period if the leave is taken: . (1) For birth of the employee's son or daughter or to care for the child after birth; (2) For placement of a soh or daughter with the employee for adoption or foster care, or to care for the child after placement; or (3) To care for the employee's parent with a serious health condition. Our employee's are required to substitute accrued paid leave for FMLA leave where available. FMLA leave runs concurrently with other types of leave. Leave Notices and Medical Certification Ric-Man may require that your leave to care for your seriously-ill spouse, domestic partner, son, daughter, or parent, or due to your own serious health condition that makes you unable to perform one or more of the essential functions of your position, be supported by a certification issued by your health care provider or the health care provider of your ill family member. When the leave is foreseeable and at least 30 days notice has been provided, you should provide the medical certification before the leave begins. When this is not possible, you must provide the requested certification to us within 15 calendar days after our request unless it is not practicable under the particular circumstances to do so despite your diligent, good faith efforts. FMLA leave may be taken "intermittently or on a reduced leave schedule" under certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces your usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in your schedule for a period of time, normally from full-time to part-time When leave is taken after the birth or placement of a child for adoption or foster care, you may/may not take leave intermittently or on a reduced leave schedule. 5-1 Group health plan benefits must be maintained on the same basis as coverage would have been provided if you had been continuously employed during the FMLA leave period. Therefore, any share of group health plan premiums which had been paid by you prior to FMLA leave must continue to be paid by you during the FMLA leave period. If FMLA leave is unpaid, payment would be due on the same schedule as payments are made under COBRA which is the first day of the month. Exemption for Key Employees A "key employee" is a salaried FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite. In order to deny restoration to a key employee, we must determine that the restoration of the employee to employment will cause "substantial and grievous economic injury" to the operations of the employer, not whether the absence of the employee will cause such substantial and grievous injury. - If we believe that reinstatement may be denied to a key employee, we must give written notice to you at the time you give notice of the need for FMLA leave (or when FMLA leave commences, if earlier) that you qualify as a key employee. At the same time, we must also fully inform you of the potential consequences with respect to reinstatement and maintenance of health benefits if we should determine that substantial and grievous economic injury to our operations will result if you are reinstated from FMLA leave. Changes to Leave It may be necessary for you to take more leave than originally anticipated. Conversely, you may discover after beginning leave that the circumstances have changed and the amount of leave originally anticipated is no longer necessary. You may not be required to take more FMLA leave than necessary to resolve the circumstance that precipitated the need for leave. In both of these situations, we require that you provide us with notice within two business days of the changed circumstances where foreseeable. Non Discrimination Policy We will not discriminate against employees as a result of the approved use of family care or medical leave or a proper request for such leave. Request for family care and medical leave will be considered without regard to race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status or-veteran status. 502 Leaves of Absence Employees of Ric-Man may request, in addition to other rights and types of leave set forth herein, an unpaid leave of absence. Such request shall be made in writing to your immediate supervisor and set forth the reasons for the requested leave. Such request shall be made 30 days in advance of the requested leave. If granted, the employee's service with Ric-Man continues to accrue during the unpaid leave of absence. At the expiration of the leave of absence, employment will be terminated if the employee does not return to work. If the employee's former position was eliminated or if the leave is more than 30 days, the employee is to be considered for any available opening with status and pay commensurate to the former position. If no such position exists, Ric-Man will make every effort to reassign the employee to a suitable position closest to the former position. 5-2 The employee is not to engage in any gainful employment or occupation during such unpaid leave, except for military service as provided in this Handbook. Employees may continue insurance coverage will on unpaid leave of 30 days or less by making payment to the Company. 503 Military Leave Ric-Man will grant a military leave of absence if you are absent from work because you are drafted, enlist or are called to active military serving in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA); provided that you are not a temporary or part-time employee at the time of induction. You must give your supervisor advance notice of upcoming military service, unless military necessity prevents advance notice or it is otherwise impossible or unreasonable. You will not be paid for military leave. However, you may use any available accrued paid time off, such as vacation or PTO, to help pay for the leave. Continuation of health insurance benefits may be available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which you are otherwise eligible. If you are•on military leave for up to 30 days, you must return to work on the first regularly scheduled work period after your service ends (allowing for reasonable travel time). If you are on military leave for more than 30 days, you must apply for reinstatement in accordance with USERRA and applicable state laws. When you return from military leave (depending on the length of your military service in accordance with USERRA), you will be placed either in the position you would have attained if you had stayed continuously employed or in a comparable position. For the purpose of determining benefits that are based on length of service, you will be treated as if you had been continuously employed. If you have questions about military leave, contact Steven Mancini for more information. • 5-3 • Section 6 Reserved for future use a 6-1 Section 7 701 Employee Conduct and Work Rules We expect you to follow certain work rules and conduct yourself in ways that protect the interests and safety of all employees and Ric-Man. While it is impossible to list every action that is unacceptable conduct, the,following lists some examples. Employees who break work rules such as these may be subject to disciplinary action, up to and including termination of employment: • Theft or inappropriate removal or possession of property • Falsification of timekeeping records • Working under the influence of alcohol or illegal drugs • Possession, distribution, sale, transfer or use of alcohol or illegal drugs in the workplace, while on duty or while operating employer-owned vehicles or equipment • Fighting or threatening violence in the workplace • Boisterous or disruptive activity in the workplace • Negligence or improper conduct leading to damage of employer or customer-owned property • Insubordination or other disrespectful conduct • Violation of safety or health rules • Smoking in prohibited areas • Sexual or other unlawful or unwelcome harassment • Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace • Excessive absenteeism or any absence without notice • Unauthorized absence from work station during the workday • Unauthorized use of telephones, mail system or other employer-owned equipment • Unauthorized disclosure of business "secrets"or confidential information • Violation of the provisions of this handbook • Unsatisfactory performance or conduct Since your employment with Ric-Man is voluntary and at will, you may terminate your employment at any time you want, with or without cause or advance notice. Likewise, Ric-Man may terminate your employment at any time, with or without cause or advance notice. 702 Drug and Alcohol Use • A DRUG-FREE WORKPLACE The Drug-Free Workplace Act of 1988 is a federal law and is now in effect. As a federal contractor our goal is to maintain a drug-free workplace, which will benefit all of our employees as well as our customers, Ric-Man Construction, Inc. and the public around us. We all have much to gain. In order to reach the goal of a drug-free workplace Ric-Man Construction, Inc. has established and will enforce the following rules: I. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. A. Controlled substance means any substance listed on Schedules I-V of 21 DFR 1301- 1316 as it may from time to time be revised and includes marijuana, narcotics (such as 7-1 heroin and codeine), stimulants (such as cocaine and amphetamines), depressants (such as barbiturates and minor tranquilizers), and hallucinogens (such as drugs known as LSD and PCP) Controlled substances include illicit drugs (Schedule I), drugs that are required to be distributed only by a medical practitioner, a prescription or other authorization (Schedules II-IV, and drugs on Schedule V), and certain preparations for which distribution is thoroughly documented. (Schedule V only.) B. Ric-Man Construction, Inc.'s workplace includes company premises, project sites, company vehicles and personal vehicles on company property or project sites. C. Any employee who violates this prohibition will be disciplined as follows: Termination of employment. Subject to possible reinstatement upon successful completion of drug and/or alcohol counseling. II. By accepting employment with the Company, all employees agree to the following: A. Abide by the rules of this Statement for a Drug-Free Workplace; B. Notify the company of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after the conviction. Failure to notify the company will result in termination of employment. C. Pass a drug screen test administered by a qualified clinic of Ric-Man Construction's choice. D. Submit to post-accident and random drug testing. A positive drug test result will result in termination of employment. Willful refusal of a drug test will result in termination of employment. We all have a stake in creating a.drug-free workplace. In addition. to the health and safety benefits, a failure to meet the federal requirements could lead to suspension of payments under the contract, termination of the contract, and/or suspension or debarment from bidding or participating in future federal projects. The message is clear to everyone: DRUGS IN THE WORK PLACE DON'T WORK Ric-Man is committed to being a drug-free, healthful and safe workplace. You are required to come to work in a mental and physical condition that will allow you to perform your job satisfactorily. Ric-Man employees may not use, possess, distribute, sell or have the presence of alcohol or illegal drugs in their system while on Ric-Man premises or while conducting any business-related activity away from Ric-Man premises. You may use legally prescribed drugs on the job only if they do not impair your ability to perform the essential functions of your job effectively and safely without endangering yourself or others. If you are prescribed any prescription which may cause drowsiness or impair your ability to operate machinery, you must notify your supervisor of the prescription before beginning to work. If you violate this policy, it may lead to disciplinary action, up to and including immediate termination of your employment. Alternatively, we may also require that you participate in a substance abuse rehabilitation or treatment program. If you violate this policy, there could also be legal consequences. If you have questions about this policy or issues related to drug or alcohol use at work, you can 7-2 raise your concerns with your supervisor or Steven Mancini without fear of reprisal. 703 Drug Testing We are committed to making Ric-Man a safe, efficient and productive work environment for all employees. There can be serious safety and health risks if an employee uses or is under the influence of drugs on the job. We may ask job applicants and employees to provide body substance samples, such as urine, hair and/or blood. We will use the samples to check for the • illegal or illicit use of drugs. If you refuse to be tested for drugs, you may be subject to disciplinary action, up to and including termination of employment. If you have questions about our drug testing policy or its administration, contact Steven Mancini. 704 Attendance and Punctuality We expect Ric-Man employees to be reliable and punctual. You should report for work on time and as scheduled. If you cannot come to work or you will be late for any reason, you must notify your supervisor as soon as possible, A Ric-Man employee cannot leave work early without prior approval. Unplanned absences can disrupt work, inconvenience other employees and affect productivity. If you have a poor attendance record or excessive lateness, you may be subject to disciplinary action, up to and including termination of employment. 705 Sexual and Other Unlawful Harassment It is the policy of this company that all employees shall have the right to work in an,environment free from any form of unlawful discrimination. Ric-Man does not and will not tolerate any type of harassment towards employees, applicants, customers, subcontractors, vendors or otherpersons with whom Ric-Man does business. Harassment, including Sexual Harassment, is constituted as discrimination and is prohibited by state and federal laws. It is a violation of company policy for any supervisor or employee, male or female, to engage in harassment. Such conduct will result in disciplinary action up to and including dismissal. The Equal Employment Opportunity Commission (EEOC) has defined sexual harassment as follows: Quid Pro Quo - Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute quid pro quo when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment and, or (2) submission or rejection of such conduct by an individual is used as the basis for employment decisions affecting an individual. Hostile Environment- Is one which unwelcome sexual advances, requests for sexual favors and verbal or other conduct of a physical nature occur and when such conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile or offensive work environment. Some examples of harassment, including sexual harassment, are as follows: • Unwanted sexual advances • Offering employment benefits in exchange for sexual favors • Making threatening reprisals after a negative response to sexual advances • Visual conduct such as leering, -making sexual gestures or displaying sexually suggestive objects, pictures, cartoons or posters • Verbal, conduct such as making derogatory comments, epithets, slurs, sexually explicit jokes or comments about an employee's body, dress, religion, national origin, 7-3 race color, gender, citizenship, age or disability • Verbal sexual'advances, invitations or propositions • Verbal abuse of a sexual nature, graphic verbal commentary about an individuals body, sexually degrading words to describe an individual or suggestive or obscene letters, or notes • Physical conduct such as touching, assault or impeding or blocking movement • Retaliation for reporting harassment or threatening to report harassment Any employee who believes he/she has experienced such conduct by anyone, including a supervisor, co-worker or by persons doing business with or for this company should tell the offender that such conduct is unwelcome and unacceptable. The employee must immediately report such conduct to their supervisor or to any of the Ric-Man Compliance Officers below listed: 1) Steven Mancini This Company prohibits retaliation against any employee who complains of harassment.or who participates in an investigation. All aspects of the complaint-handling procedure will be handled discreetly. However, it may be necessary to include others on a need to know basis. All incidents of prohibited harassment that are reported will be investigated. The Compliance officers listed above will immediately undertake or direct an effective, thorough and objective investigation of the harassment allegations. The investigation will be completed as soon as practicable and a determination regarding the reported harassment will be made and communicated to the employee who complained and to the accused harasser. If a complaint of prohibited harassment is substantiated, appropriate corrective action, up to and including discharge, will be taken. Appropriate action will also be taken to correct the effects of the harassment and to deter any future harassment. 706 Dress Code, Appearance and Hygiene • Our clients' satisfaction represents the most important and challenging aspect of our business. Whether or not your job responsibilities place you in direct client contact, you represent the company with your appearance as well as your actions. Personal appearance means how you dress, how neat you are and your personal cleanliness standards. Your personal appearance can influence what customers and visitors think about Ric-Man. Personal appearance can also impact the morale of your co-workers. Dress Code The properly attired individual helps create a favorable image for the company, to the public and fellow employees. Employees are to dress in a manner appropriate to the nature of your work and to satisfy the following objectives: • To present a positive image to our customers and clients and to each other in the workplace, • To prohibit clothing that is distracting, offensive or otherwise inappropriate attire at work; and • To prohibit types of clothing that present safety risks. Examples of inappropriate attire include, but are not limited to: midriff or low-cut tops, flip-flops, cut off shorts, short shorts, halter-tops, clothes that are ripped or torn, and inappropriately sized clothes. You are expected to wear appropriate business attire in accordance with this policy while at work and when conducting the,Company's business when not at your official workplace. Personal Appearance During business hours or whenever you represent Ric-Man, you should be clean, well groomed 7-4 and wear appropriate clothes. This is particularly important if your job involves dealing with customers or visitors in person. If your supervisor finds that your personal appearance is inappropriate, you will be asked to leave work and return properly dressed and groomed. If you are asked to leave, you will not be paid for the time you are away from work. See your supervisor if you are not sure about the correct clothing standards for your job. Personal Hygiene Proper hygiene promotes professionalism within our company and a favorable image to our clients. Employees are expected to maintain the highest standards of personal cleanliness and present a neat, professional appearance at all times. Where necessary, Ric-Man may make a reasonable accommodation to this policy for a person with a disability. 707 Return of Property • Ric-Man may loan you property, materials or written information to help you do your job. You are responsible for protecting and controlling any property we loan you., You must also return it promptly if we ask. If you stop working at Ric-Man for any reason, you must return all Ric-Man property immediately. If you do not return our property and if the law allows, we may take money from your regular or final paycheck to cover the cost. We may also take legal action to get back our property. 708 Security.Inspections Ric-Man wants to have a work environment that is free of illegal drugs, alcohol, firearms, explosives or other improper materials. We prohibit the possession, transfer, sale or use of these materials on our premises. We may provide you with desks, lockers and other storage devices for your convenience but ' these are always the sole property of Ric-Man. Because they are our property, we may allow our representative or authorized agents to inspect them at any time, either with or without advance notice to you. We may also inspect any items that we find inside them. We also want to discourage theft and the unauthorized possession of property that belongs to our employees, Ric-Man, visitors, and customers. To help enforce this policy, we may require. inspection of employees and other persons who enter or exit our premises as well as any packages or other belongings they carry with them. If you wish to avoid having your belongings inspected, thebest thing is to not bring them to work. 709 No Smoking Policy Smoking will be strictly prohibited within all company work areas and public spaces including conference rooms, reception areas, restrooms, stairwells, hallways and work stations. This policy applies to all employees, clients, contractors and visitors. Prominent signs communicating the policy will be posted at all entrances of the building. Persons observing a violation of this policy should bring it to the attention of their supervisor. Supervisors receiving a complaint will investigate and take action to resolve the issue as soon as possible. 7-5 Persons found to have violated this policy will be subject to disciplinary action(s) in the same manner and magnitude as violations of other company policies. 710 Progressive Discipline This policy describes the policy for administering fair and consistent discipline for unsatisfactory conduct at Ric-Man. By using progressive discipline, we hope that most employee problems can be corrected at an early stage, benefiting both the employee and Ric-Man. We believe it is important to make sure that all employees are treated fairly and that disciplinary actions are prompt, consistent and impartial. The major purpose of a disciplinary action is to correct the problem, prevent it from happening again and prepare the employee for satisfactory performance in the future. Although your employment is based on mutual consent and both you and Ric-Man have the right to terminate employment at will, with or without cause or advance notice, Ric-Man may use progressive discipline at its discretion. Disciplinary action may result in immediate termination, such action may also be any of the following four steps: 1) verbal warning, 2) written warning, 3) suspension without pay, or 4) termination of employment. We will look at how severe the problem is and how often it has happened when deciding which step to take. There may be circumstances when one or more steps are bypassed. In serious situations, some types of employee problems may justify either a suspension, or, in extreme situations, termination of employment, without going through the usual progressive discipline steps. 711 Problem Resolution • Ric-Man encourages an open and frank atmosphere in which any problem, complaint, suggestion or question receives a timely response from Ric-Man supervisors and management. Ric-Man tries hard to ensure fair and honest treatment of all employees. We expect supervisors, managers and employees to treat each other with mutual respect. We encourage employees to give positive and constructive criticism to each other. If you disagree with Ric-Man rules of conduct, policies or practices, you can state your concerns through the problem resolution procedure described in this policy. You will not be penalized, formally or informally, for making a complaint as long as you do it in a reasonable, business-like manner. You will also not be penalized for using this problem resolution procedure. If a situation occurs when you believe that a condition of employment or a decision that affects you is not fair, you are encouraged to use the following problem resolution steps. You may stop the procedure at any step. • 1) You present the problem to your supervisor after the incident occurs. If your supervisor is unavailable or you believe it would be inappropriate to discuss it with your supervisor, you may present the problem to any other member of management. 2) Your supervisor responds to the problem during discussion or after consulting with appropriate management, when necessary. Your supervisor documents the discussion. 3) You present the problem to the Human Resources Department if the problem is not resolved. 4) The Human Resources Department counsels and advises you, helps you to put the problem in writing, visits with your managers, if necessary and directs you to the President of Ric-Man for a review of the problem. • 5) You present the problem to the President of Ric-Man in writing. 7-6 6) The President of Ric-Man reviews and considers the problem. The President of Ric-Man informs you of the decision and forwards a copy of the written response to the Human Resources Department of Ric-Man for your file. The President of Ric-Man has full authority to make any adjustment that is determined to be appropriate to resolve the problem. Not every problem can be resolved to everyone's total satisfaction. However, we believe that honest discussion and listening to each other will build confidence between employees and management and help make Ric-Man a better place to work. 7-7 Section 8 801 Job Site Inspection Bonus The Goal: Provide a clean, organized and safe workplace by increasing awareness throughout our organization. The Intent: Ric-Man developed this program with the idea of acknowledging employees for their organized and cleanliness and safe work habits. Participants: Field representatives who are directly responsible for jobsite activity and the performance of employees under their supervision. Each foreman that accumulates 70% to 100% of maximum points for jobsite inspections will receive that percentage of an annual $500.00 bonus: 802 Safety Recognition Program The Goal: Provide a safe workplace for each of us by increasing Safety Awareness throughout our organization. The Intent: Ric-Man developed this program with the idea of offering a discretionary bonus as means of acknowledging employees for their safe work habits. Participants: Field representatives who are directly responsible for jobsite activity and the performance of employees under their supervision. Each foreman that accumulates 5,000 to 10,000 man-hours during the year will begin with $300.00 banked. Foremen accumulating 10,000 to 15,000 man-hours will begin with $600.00 banked and foremen accumulating over 15,000 man-hours will begin with $900.00 banked. Should the following occur, monetary deductions to the banked funds will take place: Event Consequence A MIOSHA/OSHA visit resulting in the issuance of a Citation 1/3 deduction of bonus A Lost Time Accident 1/3 deduction of bonus A No-Lost Time Accident 1/3 deduction of bonus A violation of Ric-Man's PPE Policy resulting in a Written warning 1/3 deduction of bonus Failure to follow internal record keeping procedures 1/3 deduction of bonus Failure to attend required training 1/3 deduction of bonus MIOSHA/OSHA Citations: Projects must be run in compliance with MIOSHA/OSHA Standards. Lost Time Accident: Recordable accidents from injury in which the injured person fails to resume work at the beginning of the day following the accident. Record Keeping: MIOSHA/OSHA posters and your Safety and Health Manual must be available on the jobsite at all times. Record keeping, Tool Box Talks, Accident Reports, and Property Loss Reports must be completed and returned within a week. 8-1 WORK SAFELY, FOLLOW MIOSHA/OSHA STANDARDS,WEAR YOUR PPS, DO THE PAPERWORK!! 803 Job Site Visitors Job sites may be hazardous or pose dangerous conditions to people and property, especially those who are not properly trained and dressed for safety. Therefore, employees of Ric-Man shall not invite or permit non-employees to visit job sites where Ric-Man or an affiliate is working. Exceptions to this policy may be made upon written permission of Project Manager if the visitor executes a company waiver prior to entry on to the site. 804 Vehicle Usage Policy This Policy applies to any and all driving of vehicles, whether a company owned vehicle or your personal vehicle during the course of your employment with Ric-Man. Any violation of this policy will subject the employee to discipline, up to and including termination of employment. • A valid driver's license is required at all times. • Employees who drive may have, and consent to, having their driving record checked periodically. Driving privileges may be suspended or terminated if your record indicates an unacceptable number of accidents or violations. • Should your record fall into our insurance carrier's guidelines of an 'unacceptable driver,' and driving is an important part of your job duties, your employment may be terminated. • Your supervisor must be notified of any change in your license status or driving record. • Driving under the influence of alcohol or any controlled substance, or driving in a reckless or careless manner will be grounds for termination. • Use of cell phones,- mobile devices, pagers and texting are not permitted. Employees shall place in park any vehicle or machinery before using such devices and further comply with any state or federal law regarding such devices. • The employee is responsible for any traffic infractions incurred by the employee's actions while driving a company owned vehicle. If a traffic violation is issued for any reason, the driving employee is responsible for the offense and financial obligation. In the event of an accident in a company owned vehicle or your personal vehicle while performing work for Ric-Man: • Take necessary steps to protect the lives of yourself and others. • Comply with police instructions. • Do not assume or admit fault. Others will determine liability and negligence after thorough investigation. • Report the accident to your supervisor at Ric-Man as soon as possible, regardless of fault or the extent of damage. 1. Driving Company Owned Vehicles- These additional rules and provisions apply to the use of Company Owned Vehicles: • Only employees of Ric-Man may drive company owned vehicles. • Company vehicles are to be driven strictly for company uses. Personal use of any company vehicle is prohibited unless authorized in advance in writing. • If you are in an accident in a'company owned vehicle and at fault, the employee may be responsible for any cost incurred, including any insurance deductible. • If a vehicle is towed or'ticketed because of illegal or restricted parking, the employee 8-2 driver is responsible for all costs incurred. Drivers of company owned vehicles are required to drive safely and responsibly. The employee shall only use the recommended grade of fuel in the company vehicle. Employee shall write the mileage and vehicle number on each fuel receipt. Employee driver is fully responsible for the proper maintenance of the vehicle the employee is driving. The employee shall follow the vehicle maintenance schedule provided by the manufacturer and record all maintenance in the vehicle manual. Vehicle mileage shall be written on all receipts for maintenance items. The employee driver is responsible to keep the vehicle respectfully clean inside and out. The employee'driver is responsible for securing the vehicle at all times. The employee driver is also responsible for any company owned tools or equipment left in the vehicle. 2. Driving your own vehicle for Ric-Man business: These additional rules and provisions apply to the use of your personal vehicle during the course of performing work for the Company: • Your Personal Auto Liability insurance is the primary payer. Ric-Man's insurance is in excess of your coverage. • You should carry at least$250,000 per occurrence liability coverage. Evidence of insurance coverage is to be provided to Ric-Man each year, by a copy of your policy's Declaration page or a Certificate of Insurance. • Ric-Man is not responsible for any physical damage to your vehicle. You must carry your own collision and comprehensive coverage. • Report your mileage for expense reimbursement. By signing this document you are agreeing that you have read and understood the Vehicle Use policy, and will comply with it. 805 Fuel Card/Charge Card/Company Accounts Each fuel card and/or charge card is assigned to an employee. The card shall be kept in the possession of the employee and not be given to anyone else. The fuel card may not be used for any other vehicle other than the assigned vehicle. The fuel card may not be used for any purchase or expense other than fuel for company business. The charge card and company accounts may not be used for any purchase or expense other than for company business and not for personal expenses. The code may not be given to any other person and used for company business only. Card and company account receipts must be turned in promptly. A non-working or lost card must be reported immediately. Any violation of this policy will subject the employee to discipline, up to and including termination of employment. 806 Personal Property Ric-Man cannot be responsible for personal property that is lost, damaged or stolen. If you bring personal property/items/belongings into the office or company property, you are responsible to keep track of them. If you do bring personal property, you need'to understand that it will not be covered under any insurance afforded to Ric-Man and because of limitations on personal homeowners' policies with business property away from the home premises, it may not be covered under your homeowner's 8-3 coverage either. Also Ric-Man prohibits any items on the premises or worksite that are sexually suggestive, offensive or demeaning to specific individuals or groups, along with firearms or other weapons. Employees should understand that all personal property brought onto the employer's premises may be inspected for purposes of enforcing the organization's policies and to protect against theft. 807 Signature Policy Unless authorized in advance in writing, no employee shall be permitted to sign any proposal, contract, or order which could or will bind the company to any, obligation in excess of $500.00. Furthermore, no employee shall be permitted to sign or submit any quote for work or change Order for an existing contract other than Steven Mancini. 8-4 EMPLOYEE ACKNOWLEDGEMENT FORM The employee handbook describes important information about Ric-Man. I understand that I should consult Steven Mancini if I have any questions that are not answered in the handbook. I became an employee voluntarily. I understand and acknowledge that there is no specified length to my employment at Ric-Man and that my employment is at will. I understand and acknowledge that "at will" means that I may terminate my employment at any time, with or without cause or advance notice. I also understand and acknowledge that "at will" means that Ric-Man may terminate my employment at any time, with or without cause or advance notice, as long as they do not violate federal or state laws. I understand and acknowledge that there may be changes to the information, policies, and benefits in the handbook. The only exception is that Ric-Man will not change or cancel its employment-at-will policy. I understand that Ric-Man may add new policies to the handbook as well as replace, change, or cancel existing policies. I understand that handbook changes can only be authorized by the chief executive officer of Ric-Man. I understand and acknowledge that this handbook is not a contract of employment or a legal document. I have received the handbook and I understand that it is my responsibility to read and follow the policies contained in this handbook and any changes made to it. EMPLOYEE'S NAME (printed): EMPLOYEE'S SIGNATURE: DATE: Form"A" B • Minimum Qualifications and Submittal Requirements • Resumes • Project Experience • State of Florida Articles of Incorporation • GC License • Local Business Tax • Certificate of Insurance • Bonding Capacity Letter • Listing of Equipment ,..._ — lik\k‘t i_ 1,-=,:-. t j` ••, , [+•41 . V �, + sit • _i j t .1 � +4 y r4 "fit `' ``` -. r"a. r N$ M J ;.., "„% aT - +•t _ . tip ' `+. r,..,- • .Y Y • '�%"4 _ K: r ` - •'} 1t `• 1 2 *.rte, • .••__! ". w y r. '. I S �'As {. �Y lg. Y ;;i ,,,,„',4' .e:. 4'..".�-1 r, 11 Ire 1+T r14�� 4 �.s�, STEVEN MANCINI PRESIDENT CONS INC. COOT.", INC. MIAMI FtiO9Or S LINGFITg„y1CN10AN EDUCATION/TRAINING Oakland University • B.S. Business Administration, Graduated 1985 EMPLOYMENT HISTORY Ric-Man Construction, Inc.,Sterling Heights, MI 11/1/18—Present President Ric-Man Construction, Inc.,Sterling Heights, MI 2017—11/1/18 Vice President Ric-Man Construction, Inc.,Sterling Heights, MI 1985—2017 President/Chief Executive Officer Mr. Mancini is responsible for all aspects of the company business including hands on field and office administration.Specific project experience is provided below. Middlebelt Transport and Storage Tunnel, Farmington Hills, MI: Project included construction of approximately 7,600 linear feet of 123" diameter storage and transport tunnel to provide additional sewage capacity for the existing Farmington gravity sewer interceptor located on Middlebelt Road between 13 Mile Road and 1-696. The tunnel varies in depth from 40' to 80' below the surface of Middlebelt Road and will have a storage volume of 3.7 million gallons. Karegnondi Water Authority; KWA Water Supply System Contract No. 5-4003 (66" Transmission Main Bricker Road to IPS): Installed 13 Miles of 66" Steel Water Main, reconstruction of all associated roadways, reprofiling ditches, installing new box culverts for al county drain system ranging from 3'x4' to 24'x10', crossing of an abandoned railroad, removal and replacement. Detroit Water and Sewerage Department; WS-681 Furnishing, installing, chlorinating, flushing and testing approximately 35,332 linear feet of 42-inch diameter Prestressed Concrete Embedded Steel Cylinder pipe (ECP) and fittings including all appurtenances, connections and related structures as indicated in the drawings and 'specifications. Pipe boring and jacking is required at the loCation where the water main crosses Newland Drain, Middle Branch of the Clinton River, Kingsbury Drain, M-53 bridge crossing, Harris Drain and Macomb Drain Township of Macomb Sanitary Pump Station No. 9 Replacement: Construction of 28' diameter rib and lagging earth retention system 40' below grade. Construction of new 18' diameter reinforced cast in place concrete sanitary pump station. Abandonment of existing force main and pump station. Michigan Department of Transportation Pump Station Rehabilitation on 1-94: Rehabilitation of two pump stations along 1-94 in Detroit. Remove and replace existing storm water pumps, various structural steel, and electrical and mechanical components. Pump stations remained operational throughout the entire rehabilitation. Clintondale Pump Station Rehabilitation: Construction of three sheet pile and waler earth retention systems 50' below grade, one over existing 11' diameter sewer' one over 60" diameter existing forcemain. Construction 40' long two-pass hand mine tunnel, installing 78" RCP with T-lock liner between two earth retention systems. Expose existing 60" forcemain and install 36" tapping saddle to allow bypass pumping operation. F tea .. Uetu"rs's� 1 � �t wxd1t s mr r'� z° � . -,,; a`Zilfi tYislt& a/7.les G- •`-'Y'ii1 all 3�'l��i t .�41�. gi2ri r&S a tti a i? [aK L.. STEVEN MANCINI jc- �C-M� PRESIDENT CONBT I INC. CON8T INC. . �►aMr,Fto�� kcxrs.,a Black River Tunnel Phase 1: Steel rib & liner plate shafts construction through overburden soils at 48' to 55' diameters and 45' depths; followed by rock excavation (drill & blast) and bracing (rock anchor bolting & shotcreting) at 36' to 43' diameters up to 135' depths (up to ±80' total depth per Shaft). Installed braced excavations (beams & sheet piling) for construction of a new junction chamber over top of an existing, active sewers. Performed site balancing, mass excavations, and installation of site utilities. Easterly Tunnel Dewatering Pump Station: Steel Rib & Liner plate Shafts construction through overburden soils at 48' diameter and 100' depth. Installed braced excavations (beams &sheet piling)for construction of new diversion chambers and a junction chamber over top of an existing, active 13'-6" CSO Interceptor sewer. Installed hundreds of lineal footage of underground utilities ranging from 1" pressure lines up to 78" gravity sewers. DB10-WASD-01 ESP Government Cut Utility Relocation Project: Replacement of an existing 20" water main from Port Island to Fisher Island under Fisherman's Channel and replacement of an existing 54" force main from Fisher Island to south of the City of Miami Beach under Government Cut Channel. Install a new 24" diameter pipeline using Horizontal Directional Drilling below Fisherman's Channel to install a minimum 24" inside diameter HDPE between the Port Island and Fisher Island Shafts. Dearborn CSO Control Project #8: Project Manager - CSO Caisson/Shaft of 140 ft in diameter 158 ft in depth. Construction of a CSO treatment shaft including solids screening and disinfection technology, modification of existing diversion chambers, construction of junction structures, CSO collector sewers, and a disinfection facility (chemical storage and control building)for overflow control. Oakland Macomb Interceptor Drain Drainage District: Project Manager — Construction of (4) Control/Access Structures and (1) Control Access Pump Station, (4) of the (5) structures are cylindrical and (1) is rectangular.Three of the five structures are aligned within the International Transmission Co. (ITC) corridor. Control structures (CS) 5, 6, 8 & 9 are constructed within two stage temporary circular earth retention systems and range in diameter from 24 ft I.S. to 72 ft I.S. with depths ranging to 100 ft below grade. CS-7 has a rectangular temporary earth retention system 24 ft x 34 ft I.S. diameter and is 54 ft below grade. Each CS is to receive reinforced cast-in-place concrete control/access structures. Woodbury L73 Tunnel Project: Construction Manager- Installation of 8,080 lineal feet of six-foot diameter sanitary sewer installed using tunneling methods in soft ground, sandstone, and mixed-face ground conditions. Hobas pipe using pipe carrier. Three large diameter shafts (34 ft, 38 ft, and 54 ft) for the entry and exit of the tunnel boring machine as wellas six-foot diameter shafts for personnel entry. City of Ecorse: Project Manager - Rehabilitation and separation program. Construction of a 30 ft diameter caisson and a depth of 50 ft with landing piles positioned next to an existing wet well structure. City of Grosse Pointe Park: Project Manager— Storm Trunk Line Sewer - Contract #4. 102", 78", and 54" tunnel. 12,485 If- 102" RCP and 3,850 If-78" RCP TBM jack pipe. 280 If- 36" in 54" hand mined steel casing. Shafts within the range of 20 ft diameter and 40 ft depth.Backgrund Educational Oakland County Drain Commission: Construction Manager - Construction of North Arm Relief Sewers. Contract I - 102", 78", and 54"Tunnels. City of Perrysburg, Ohio: Construction Manager-Cherry Street Sewer Separation-60"tunnel. k,� F 4 ' � . yM^:cv _4a65�t z ci ilti f-g ....�v}s �rrS�r��tin�s¢ :....,. - • STEVEN MANCINI $C. $C-C4141 PRESIDENT CONST. INC. CON8TT INC. -AMI;FIf S NG/ b,Gto N Saginaw/Midland Municipal Water Supply Corporation: Construction Manager— Construction of 60" Ductile Iron Water Transmission Main. 40,000 If with tie-ins. 48" cut-in-valve and tee for connection to new 60" ductile iron transmission main. Wayne County Department of Public Services: Construction Manager- Downriver Regional Storage and Transport System. 120" tunnel, 30 ft caisson and 25 ft mining shaft with a depth of 60 ft. 14,550 If- 84" RCP in 124" TBM mined, primary, liner rock and mix face (rib and timber lagging), 440 If - 36" RCP in 54" hand mined steel casing. H2S water treatment. • Western Township Utilities Authority: Construction Manager - Construction of Plymouth/Northville Interceptors. Construction of Michigan Avenue Transmission Forcemains (side by side) 30", 36" and 60" PCCP - 96,000+ If. Completion of Sanitary Sewer Redirection Project. 320 If—36" RCP in 54"TBM linerplate primary liner(under air). North Gratiot Interceptor Phase I: Construction Manager - 12,600 If 66" Jack Pipe. 10 ft - 20 ft diameter x 50 ft deep mining shafts. 10 ft- 12 ft diameter x 50 ft deep manhole shafts. North Arm Relief Drain: Construction Manager - 3,500 If - 102" RCP, 975 If- 78" RCP, 350 If- 54" RCP TBM jack pipe. 1,500 foot 102" single push drive. With 84"TBM in hard pan (soft rock). Evergreen—Farmington Stage III Relief Sewers—Contract#4: Construction Manager- 5,500 If- 54" RCP TBM jack pipe,where methane gas was encountered. Depth of 40 ft. Napier Road 60"Water Transmission Main: Construction Manager-Construction of 60" PCCP. 17,000 If. DWSD — 96" & 36" Transmission Main Repair: Construction Manager - 96" and 36" joint repairs; repairs were made while under pressure within a custom designed braced earth retention system. Wyoming Water System 42" Water Transmission Main: Construction Manager - 20,000+ If - Wyoming Water System 42" Water Transmission Main with 42" live tap. CERTIFICATIONS • Confined Space Training • • CPR/Medical First Aid • OSHA 10-hour • OSHA 40-hour • HAZ-WOPER • ti ti y t. v a '}3?rte y� � Y : } c s "'s �5d.�„,-.f.7 i tdrr*fir. .e �r c' , F '� • .. ,�.,.�*i.71'= i....t . ti:?.t.�c! '7,�,.,..a..a ..�..� ,..�F.<</e. fW .';2 DENNIS OSZUST %C. .jC- r VICE-PRESIDENT CONirli INC. CON84 INC. ---trLINGH►8.,NiCM EDUCATION University of Detroit, Detroit, Michigan Bachelor of Science Civil Engineering—1966 EMPLOYMENT HISTORY Ric-Man Construction, Inc.,Sterling Heights, MI 2015—Present Vice President Responsible for project administration and field operations. Inland Waters Pollution Control, Inc, Detroit, MI 1998-2015 Vice President& General Manager Responsible for all areas of the business unit. Helped develop the City of Detroit, Wayne County and Oakland County markets and spearheaded the opening of divisions in Atlanta,GA and the Washington D.C.Area. Vice President in charge of CIPP and Grouting Operations: • Project Director on CS-1368 a $135M project for City of Detroit (DWSD) which included 15 Mile Road Sinkhole repair of collapsed 11' Diameter tunnel and approximately 300,000 If of sewer rehabilitation using CIPP and grouting technologies • OMID Contract #3 included 90,000 cf of contact and compaction grouting of 11' diameter monolithic tunnel. • Numerous CIPP projects ranging in size from 8" to 78" and slip lining various projects up to 84" HOBAS pipe. M&M Contracting of Michigan, Inc., Detroit, MI 1986—1998 Vice President Responsible for all aspects of the construction of large diameter tunnel and open cut sewer and water main projects. Major Pressure Pipe Projects: • Vice President of Operations— City of Detroit Department of Water and Sewerage (DWSD) WS-360A— 18;200 If of 48" PCCP—partially in wet sand and gravel and 60" PCCP • Vice President of Operations — DWSD WS-360C 24,300 If of 60" PCCP and 42" PCCP in wet sand and gravel • Vice President of Operations— DWSD WS-563 17,500 If of 72" PCCP partially in wet sand open cut with TBM rib and board tunnel under major Michigan Highway and major river crossing in open cut. Major Tunnel Projects: • Vice President of Operations—DWSD PCI-40 12,300 If of 96" monolithic concrete secondary liner in TBM rib and board primary liner tunnel. • Vice President of Operations — DWSD PC-02 two drives totaling 700 If of 15" diameter reinforced concrete secondary liner in a 18' diameter rolled channel,primary liner using push shield through 0 blow clay. Ground freezing of tunnel eye was necessary to launch shield. In addition,5 ea.48" diameter steel casing manifolds jacked into place tapping into major interceptor and tying into pump station vaults. s t • DENNIS OSZUST • tC- �C-M VICE-PRESIDENT COMET. INC. CONST INC. A--....„1!•211.k..5_____----.0110SNGy73 1CNIGAN Rocco Ferrera&Company, Inc., Livonia, MI 1973—1985 Project Manager Project Manager on sewer and water projects. Also managed building projects for the commercial development arm of the company. Major Pressure Pipe Project include: • Project Manager—City of Atlanta—Three Rivers W.Q.M.P. Force Main 7,900 If of 54" PCCP open cut. • Project Engineer Greenville, South Carolina Water Transmission Main 8,000 If of 72" PCCP Open cut. • Project Manager — Northwest Suburban Municipal Joint Action Water Agency (NSMJAWA) — Schaumburg to Bartlett 42,000 If of 20"CIP,twin 30" PCCP on piles and 60" PCCP. • Project Manager — NSMJAWA — City of Chicago 17,400 If of 90" PCCP open cut around and through O'Hare International Airport and Air National Guard Facility at O'Hare—TBM Liner Plate tunnel under I- 90 (Entrance into O'Hare Airport) and hand mined liner plate tunnels under major streets bordering O'Hare. • Numerous open cut sanitary and storm projects ranging in size from 8" to 120" pipe, open cut precast twin box culverts 7'x10' and poured-in-place box culverts—twin 7'x10' and twin 9'x10'sewers. Armstead Construction Company, Melvindale, MI 1967—1973 Chief Estimator • Prepare estimates for self-performed excavations, reinforcedconcrete and masonry work. • Prepare total General Contractor proposal for institutional work • Negotiate subcontracts Brennan Construction Company, Detroit, MI 1963—1967 Engineer 1966—1967 Co-op Student 1963—1966 • Assist in building layout • Form detail for large reinforced concrete projects • Prepare detailed construction drawings • Prepare takeoffs for excavation, reinforced concrete, masonry and rough carpentry work • Assist Project Superintendent CERTIFICATIONS • Certified General Contractor,State of Florida • Residential Builder,State of Michigan • Heavy Contractor License,State of Louisiana • Class A License,State of Virginia • Utility Manager License,State of Georgia • Class A Engineering License,State of Nevada • General Engineering License,State of West Virginia • 40 Hour OSHA Training DENNIS OSZUST A1C-MAH jC-mAII VICE-PRESIDENT COMA INC. CON8g INC. M418�1;�p�DA $�R!lNGNTS,dIpH�6AN AFFILIATIONS • Member,American Society of Civil Engineers • MITA • AWWA • WEF • Water Access Volunteer Effort(WAVE) Board of Directors VICTOR G. MENOCAL PROJECT MANAGER CONST. INC. CONSOlip INC. MIAMI,f1.00h ��NGHTS., EDUCATION/TRAINING Florida International University Bachelor of Science, Graduated 2001 EMPLOYMENT HISTORY - Ric-Man Construction, Inc., Miami Beach, FL 2017—Present General Manager Florida Division Giannetti Contracting Corporation, Pompano Beach, FL 2016—2019 Senior Project Manager Ric-Man International, Inc., Pompano Beach, FL 2009—2016 Senior Project Manager Condotte America, Miami, FL 2008—2009 Project Manager AZ Group,Inc., Miami, FL 1998—2008 Project Manager Mr. Menocal has over 20 years' experience in the construction industry starting on Feb. 1998. He has the experience of overseeing projects up to $177 million. Mr. Menocal has over 13 years of Design/Build experience starting in 2003. The project scopes range from water main, irrigation main, gravity sewer, force mains, drainage, drainage pump stations, sanitary sewer pump station/lift stations, directional drilling, streetscape improvements, lighting, traffic signal improvements, ITS, neighborhood improvements and bridges. His experience includes approximately 13 major neighborhood improvement projects of over 700 homes each. Mr. Menocal has experience in the installation of the pipe ranging from 4"to 120" Diameter. Miami World Center Plat 1 & 2 Drainage and Streetscapes. Miami World Center is one of the largest private master-planned projects in the United States, featuring a diversity of urban land use, including retail, hospitality, and residential space. Located in the core of downtown Miami, the ten-block, mixed-use development is situated immediately north of the Central Business District and is surrounded by world-class amenities and boasts convenient access to transportation. Our scope of work consisted of the drainage installation along North Miami Avenue, NE 1st Avenue and NE 2"d Avenue from 6th Street to 10th Street. Our scope of work includes the streetscape improvement such as curb and gutters, electrical conduits, sidewalks, irrigation, sanitary sewer replacement, roadway reconstruction, milling & resurfacing, striping and signage. Role: Senior Project Manager. Construction Cost:$7 Million. Las Olas Walk Large Drainage Installation. The Las Olas Walk project consists of a two-building, 456- unit development will feature a 20,000-square-foot rooftop deck, a co-working space, spa treatment rooms, a fitness center, a dog run and a boathouse with kayaks and paddle boards. Our scope of work consists of tie-in a 54- Inch and 66-Inch drainage on Federal Highway and crossing Federal Highway to the east. Additionally, our scope includes the installation a 10'x4' Box Culvert to a new outfall. Role: Senior Project Manager. Construction Cost: $1.2 Million. t VICTOR G. MENOCAL se.s► .$CmM4N PROJECT MANAGER CON87INC. CON84 INC. ��&lfgly/Flp�pf S uivo ,c100 Town of Davie Eastside Phase II Infrastructure Improvements, Town of Davie. The project consists of the complete reconstruction of several residential streets, total approximately 13 acres of Public ROW. Reconstruction includes the complete demolition and disposal of the existing roadway, driveways and drainage facilities and portions of the existing water distribution and sanitary sewer lines within the limits of the available right-of-way and the installation of new drainage facilities,water and sanitary sewer lines, grass swales, concrete sidewalks, and roadways including driveway replacement. -The water distribution and sanitary sewer collection system improvements will also include service laterals to the Right of Way, installation of new meter boxes, relocation of existing meter and service piping on Private Property to existing house connection, including complete restoration on Private Property. Role: Senior Project Manager. Construction Cost:$13.2 Million. Riviera Beach Yacht Harbor Manor. The project involves the reconstruction of Morse Blvd, Manor Drive, Powell Drive, Singer Drive and Ardmore Way in the City of Riviera Beach. The work includes, the reconstruction of deteriorated public streets, installation of limerock base, asphaltic pavement, concrete sidewalks, concrete curb and gutter, reinforced concrete drainage pipe, and inlet structures, exfiltration trench, replacement of existing sanitary sewer system manholes and lines including lateral services and cleanouts, traffic calming devices, striping and signage and water main abandonment. Role: Senior Project Manager.Construction Cost:$8.6 Million. Sunset Islands 3 & 4 Infrastructure Imp, City of Miami Beach CIP. The project consisted of pavement reconstruction, overhead utility undergrounding, sidewalk construction, water main improvements, water meter replacement, water service conversation from rear easements to right-of-way, storm drainage infrastructure including 2 pump stations, sanitary sewer lining, new conduits, conductors and services points for retrofitting existing lighting system and streetscape/planting improvements. Role: Design/Build Project Manager. Construction Cost:$7.7 Million. Section 5 Project Installation of 48-Inch PCCP, Miami-Dade Water&Sewer Dept. This project was performed for the Condotte/CAC/DeMoya,J.V. and it was located on NW 72nd Avenue from NW 8th Street thru,NW 12th Street. The project consisted of 48" PCCP including restrained pipe,fittings, closures and connections to existing 48" PCCP. The worked involved critical demolition of existing PCCP, removing sewage from existing pipe, sheeting and shoring, extensive de-watering, deep excavations, installation of access manholes and air releases, dealing with heavy traffic, working on weekends, nights and multiple crews. Role: Sr. Project Manager. Construction Cost: $450,000. Town of Surfside Utility Upgrade Project, Town of Surfside. The project consisted of water, drainage, and roadway infrastructure improvements to a neighborhood composed of 770 residences and 35 businesses. Water construction included installing 34,000 feet of new 8-inch DIP including rear service conversions from the rear to the front of homes. Drainage construction included installing 17,000 feet of 18- to 54-inch RCP; connecting over 250 structures and 6 pump stations. Roadway construction included 134,000 SY of roadwork, 6,000 SY of sidewalks and driveways, 2,500 LF of curb & gutter, 24,000 SY of swale reconstruction. Role: Senior Project Manager. Construction Cost:$18.3 Million. VICTOR G. MENOCAL PROJECT MANAGER CORA INC. CON814 INC. MIAM{rryONDA gTENlINGN7g„ &lC 0104 SW 6& 7 Utilities Extension Project Area 3, City of Cape Coral. The project consisted of potable water, irrigation, sanitary sewer, stormwater drainage, and hardscape infrastructure improvements to a neighborhood composed of 844 homes and 2 bridges in Cape Coral, Florida. Potable water improvements included installing 39,800 feet of 6- to 8-inch PVC water main with 438 services for 734 meters, 34 fire hydrants, and an aerial crossing. Irrigation improvements included installing 43,790 feet of reclaimed 4-to 16-inch irrigation mains with 498 irrigation services for 844 meters, as well as a 4-inch and a 16-inch aerial crossing. Stormwater drainage improvements included installing, 5,200 feet of 15-to 36-inch HDPE& PVC main,400 feet of 12x18-to 24x38-inch elliptical HDPE main, and 127 inlet structures. Sanitary sewer improvements included installing 41,100 feet of 8-inch PVC gravity sewer mains up to 16-feet deep including 98 manhole structures and 540 single and double services, 2 wastewater lift station, and 5,620 feet of 6-inch PVC force main. Hardscape and landscape improvements included 100,000 square yards of roadway reconstruction and hardscape restoration, 95,000 square yards of swale reconstruction, and 11,700 square yards of driveways. Role: Senior Project Manager. Construction Cost:$9.7 Million. Flamingo Lummus Streetscape Imp. BP 10E, City of Miami Beach CIP. The project consisted of water, drainage, and roadway infrastructure improvements to a neighborhood composed of 1,600 residences and 65 businesses. Water construction included installing 4,600 feet of new 6- to 8-inch DIP and abandoning 5,100 feet of existing water main. Drainage construction included installing 3,500 feet of 15-to 48-inch HDPE and RCP connecting over 70 structures and gravity wells, as well as 900 feet of 3- by 5-foot box culvert. Roadway construction included over 36,000 SY of roadwork, 4,500 SY of sidewalk, driveway & paver work, 9,500 feet of curb &-gutter, 65,000 SY of swale reconstruction, planting or relocating over 200 trees; as well as signalization, decorative lighting, and installing 1,000 feet of FPL conduit. This project required major coordination with residents, a school, public transportation, restaurants, nightclubs, and other businesses to minimize our impact on residents and commerce. Role: Design/Build Project Manager. Construction Cost:$4.4 Million. Broadview Park BP 2 NIP, Broward County WWSS. The project consisted of sewer and drainage infrastructure improvements to a neighborhood of 760 homes. Sewer installation included 36,500 feet of 6-to 20-inch PVC and DIP gravity sewer with 150 manholes, 3 sewer lift stations, and 14,500 feet of 6-to 12-inch force main. Drainage installation included 16,700 feet of 15-to 24-inch RCP and HDPE pipe and 170 structures.The project required the full reconstruction of 100,000 SY of asphalt including two 1-1/2 inch lifts.This design also included the reclaiming of 65,000 SY of swales for drainage storage. Role: Project Manager. Construction Cost:$17.2 Million. Broadview Park BP 4 20-Inch WM, Broward County WWSS. Due to our performance and qualifications this project was negotiated added scope to our Broadview Park Bid Pack 2 contract. This Neighborhood improvement project consisted of potable water main infrastructure improvements to the City of Plantation's Broadview Park neighborhood along State Road 441, a six-lane commercial road with over 60 businesses. Water infrastructure improvements consisted of installing 8,300 feet of 20-inch ductile iron water main (most of the work at night due to heavy traffic) and 16 air-release and butterfly valves, including 765 feet of directional drilling required to run the water main below Sunrise Boulevard, a six-lane bridge overpass plus access lanes and canal.Additional streetscape improvements included 14,500 square yards of roadwork and installing 12 traffic detection loops, as well as new curb&gutters,landscaping,and irrigation. Role: Project Manager. Construction Cost: $1.7 Million. VICTOR G. MENOCALSIC.MAili PROJECT MANAGER COMA INC. CON8TT INC. MWMI;FI.G�GA STF,I�kG�g,NICHIGAN CERTIFICATIONS • Confined Space Training • Work Zone Traffic Control—MOT Advanced Level Certification • CPR/Medical First Aid • OSHA 10-hour • OSHA 30-hour • OSHA 3015 Excavation,Trenching&Soil Mechanics Certification • Competent Person Excavation Certification • Army Corps of Engineers—CQM for Contractors WILLIAM J. PARKER, CHST itiecit4141, $C- SAFETY MANAGER CORTI INC. CONBTI INC. �IAMI;FIGR� SIUNGlITg„M1CN16AN EDUCATION Illinois State University, Normal, IL Bachelor of Science,Graduated 1990 EMPLOYMENT HISTORY Ric-Man Construction, Inc.,Sterling Heights, MI 2019-Present Manager,Safety and Loss Prevention Responsible for administration of safety, health and environmental programs. Assure compliance with OSHA, MIOSHA and EPA regulations at all times. Conduct regularly scheduled inspections. Management of hazardous and non-hazardous waste. Conduct and track necessary safety training. Roncelli,Sterling Heights, MI 2014—2018 Corporate Safety Director Responsible for directing the safety and risk associated with construction projects and company operations. Created new safety programs and policies to direct and implement the company's safety program to ensure a safe, health and accident free work environment. Ric-Man Construction, Inc.Sterling Heights, MI 2010—2014 Corporate Safety Director Responsible for administration of safety, health and environmental programs. Assure compliance with OSHA, MIOSHA and EPA regulations at all times. Conduct regularly scheduled inspections. Management of hazardous and non-hazardous waste.Conduct and track necessary safety training. Hemlock Semi-Conductor, Hemlock, MI 2009-2010 Safety Liaison Site liaison activities between contractors and owners at a chemical plant. Development and implementation of a safety program to incorporate in client's worldwide standards. Barton Malow Company,Southfield, MI 2007-2009 Safety Coordinator Responsible for administration of safety, health and environmental programs. Assure compliance with OSHA and EPA regulations at all times. Complete accident investigations. Conduct regularly scheduled inspections. Management of hazardous and non-hazardous waste. Conduct and track necessary safety training. Projects included heavy civil and automotive related work. Commercial Contracting Corp.,Auburn Hills, MI 2004-2007 Safety Manager In charge of overall supervision and administration of project safety programs. Responsibilities ranged from site orientation, total site safety through specialized training and other programs to maintain a safe and healthy work environment. Projects included automotive related work. John Carlo, Inc., Clinton Township, MI 2002—2004 Project Safety Coordinator Managed major project safety without any injuries or accidents. Projects included heavy civil work. WILLIAM J. PARKER, CHST $C- N OC-IVI SAFETY MANAGER CONS INC. CONST INC. lylgM/FLDHIDA S W1NG"' y1CHlD�H Bruton Safety Solutions,Auburn Hills, MI 2001—2003 Safety Consultant Created safety culture by introducing new programs and cultural viewpoints for a wide variety of customer's clients. Infinity Promotions, Oakbrook Terrace, IL 1999—2001 Safety Consultant Created safety culture by introducing new programs and cultural viewpoints for new and existing clients. Employment related to construction and safety 1990-1999 CERTIFICATIONS • MIOSHA/NIOSHA/OSHA • DOT • EPA • NFPA • ANSI • HAZ-COM • MSDS • Construction Health&Safety Technician • Hazardous Materials Technician II • Fire Protection II • Accident Investigation • Emergency Medical Services • Emergency Incident Response Teams • Trench Rescue • Building Collapse • Professional H &S Instructor • OSHA Outreach Instructor-10&30 hour GINO D'AGOSTINi • CMA*CHIEF ESTIMATOR ESTIMATOR/ SENIOR PROJECT MANAGER. CONST. INC. CON8TT INC. MIAMI;FIOR�DA SiFgUNGM3..*ICNI6AN EDUCATION Michigan State University, Lansing, Michigan Studies in Construction Management and Civil Engineering EMPLOYMENT HISTORY Ric-Man Construction, Inc,Sterling Heights, MI - 2017—Present Senior Project Manager/Chief Estimator • Estimating and Project Management. D-4 Enterprises, Inc. 2005— 2015 Chief Executive Officer • Oversee day to day operations. • Procuring new projects. • Meet with Owners and Engineers. • Developing Construction Schedules. • Securing subcontractors including negotiating contracts,schedule and costs. • Negotiating change orders/authorizations. • Bid and/or managed in excess of$150 million in water main, sewer, tunnel, shaft, pump station and earthwork construction. • Microtunnel Project Manager and Foreman • 15,000+feet of 36" Microtunnel at approximately 40-45 foot depths. • 15,000+feet of 30" Microtunnel at approximately 35-40 foot depths. • 2500+feet of 42" Microtunnel at approximately 45-50 foot depths. • 1200+feet of 60" Microtunnel at approximately 35-40' depths. L. D'Agostini&Sons, Inc., Macomb, MI 1996—2004 • Duties included site foreman entailing scheduling,documenting job site activities and ordering materials. • Projects included water,sewer, road and building construction. • Estimating. • Attending project weekly and monthly update meetings. • Bid and/or managed in excess of$100 million in water main, sewer, tunnel, shaft, pump station and earthwork construction. Professional Organizations Member—North American Utility Contractors Association Member—Michigan Infrastructure and Transportation Association Member—Michigan Storm Water Management—Michigan Department of Environmental Quality Civic Organizations: Member—Detroit Athletic Club Member—Oakland Hills Country Club Member—Sigma Alpha Epsilon Fraternal Order—Alumni - DAMIEN PUNG • %C- lire* SUPERINTENDENT CON87.11 INC. CONSTI INC. MIAMI,F1.aso '3.,M1CN1o__ EMPLOYMENT HISTORY Ric-Man Construction, Inc.,Sterling Heights, MI 2000—Present Project Foreman/Superintendent • Daily on-site, direct supervision of labor forces. Schedules equipment and materials delivery, coordinates subcontractors and responsible for maintaining project schedule and quality control. • Significant experience in soft ground jack pipe tunnels throughout Michigan and Ohio. • Rib and board tunnels in both soft ground and hard ground in Michigan and Minnesota. • Rock shaft and tunnel work under the Maumee River. • Vertical shafts, rib and board,and drill down capabilities. • Sheeting shafts and whaler systems experience. • Lock joint water main for the City of Toledo, Ohio and lock joint emergency repair for Detroit Water and Sewerage Department. • Casing bores and directional drilling work.Operated DD-25 American Auger. • Experience in open cut sewer and water projects. • Skilled in road building, restoration and pipe final lying. • Grouting and bentonite,chemical grouting abilities. • Plug pier drilling and flow filling. Some specific examples of project experience: • Middlebelt Transport and Storage Tunnel: Construction of approximately 7,600 linear feet of 123 inch diameter storage and transport tunnel with primary and secondary liner, two diversion chambers, six tunnel structures and other related work. • Detroit Water and Sewerage Department; WS-681: Furnishing, installing, chlorinating, flushing and testing approximately 35,332 linear feet of 42 inch diameter Prestressed Concrete Embedded Steel Cylinder pipe (ECP) and fittings including all appurtenances, connections and related structures. Pipe boring and jacking required at the location where the water main crosses Newland Drain, Middle Branch of the Clinton River, Kingsbury Drain, M-53 bridge crossing, Harris Drain and Macomb Drain. • Miami-Dade Water and Sewer—DB10-WASD-01: Replacement of an existing 20" water main from Port Island to Fisher Island under Fisherman's Channel and replacement of an existing 54" force main from Fisher Island to South of the City of Miami Beach under Government Cut Channel. Install a new 24" diameter pipeline; approximately 1600 lineal feet Horizontal Directional Drilling below Fisherman's Channel to install a minimum 24" inside Diameter High Density Polyethylene Pipe (HDPE) between the Port Island and Fisher Island shafts. Replacement of the 54" sewer force main under Government Cut Channel includes providing a deep shaft on land at Fisher Island and another deep shaft in the water, south of the City of Miami Beach, micro-tunneling approximately 1200 lineal feet below Government Cut Channel to install a minimum 72" inside diameter casing between the Fisher Island shaft and the shaft in the water; installing a new 54" pipeline within the casing; tying the new 54" pipeline into the existing 54"force main. • Oakland Macomb Interceptor Drain Drainage District: Construction of (4) Control/Access Structures and (1) Control Access Pump Station, (4) of the (5) structures are cylindrical and (1) is rectangular. Three of the five structures are aligned within the International Transmission Co. (ITC) corridor. Control structures(CS) 5, 6, 8&9 are constructed within two stage temporary circular earth rentention systems and range in diameter from 24' I.S.to 72' I.S.with depths ranging to 100' below grade. CS-7 has a rectangular temporary earth retention system 24'x34' I.S. diameter and is 54' below grade. Eacy earth retention system and etd with the h CS is to receive reinforced cast-in-place concrete control/access structures. DAMIEN PUNG �C` $C- SUPERINTENDENT CONTI INC. CONTI. INC. MIAMI;FIaIu�� sTERLINGHTIkt4 Ric-Man Construction, Inc.,Sterling Heights, MI 1998—2000 Laborer CERTIFICATIONS • OSHA 8-hour and 10-hour • Medical First Aid • Tunnel Rescue • Licensed to transport explosives 7iiiii STORMWATER PUMP STATION ON 19TH ST BETWEEN �c: •% CONVENTION CENTER DRIVE AND MERIDIAN AVENUE CONST. INC. CONST INC.' —..AMI,FlAR�Df _ Tsr y1CH1_ -- - - _ . ._ _ _..-c yam- ..._ .' .... a. ww - — - -- y . c a _ .-.= r } ii,14. F -„, ” li„r.» . ."1{ `''x 1 31 rIP,' ''-'11—*- % °"'�4.— y,4a a Y _ 44 . , � - '- '. m � 1{ .z.._ II. L e( _ _ a:wxme f,�ex r h` L C v .,ems 41$..7F + 3` tau.. v _// �^ ' ;a'1! •'; [,,'„ , 'F.x ' r-,. � r i.,„ ��„ � . ter, '��# er • i - w ,' ,.3Z.ii; _ - iF I �z-' N a' p i` X1., ,N. ":' ""L ,.'fir Tt Y'a` ,., .:T�, r, 1f ,,,,P S` -;:._,.4...„...4.1. i_.,._, ' 1 t'ar'' 'A, _G z„. - _ y '` 741'y ,rx'`". _ 6 -_!} T - __-t`3 'i .. 4_r= .+ 7 Pti. r + �'tiaC n lQ - L. ,y . ! [ s fY+ F . Il l ¢ r _ ` tadR $ F # � 1 � ' - P , f7 � h1 � . l ` � fif _ p Owner Scope of Work: City of Miami Beach 1700 Convention Center Drive This is a Design/Build project with our Design Team member WSP. The scope of work Miami Beach,FL 33139 included the design, permitting and construction for the stormwater pump station and David Martinez ancillary infrastructure and discharge facilities. The work involves the installation of the (305)673-7080 drainage pump station, electrical infrastructure to support the pump station, site preparation, earthwork, dewatering, parking reconstruction, utility adjustments, landscaping and seawall modification on the south side of the Collins Canal between Design/Build Engineer Convention Center Drive and Meridian Avenue. WSP 2121 Ponce De Leon Coral Gables,FL 33134 Part of the citywide stormwater improvement system,the 19th Street pump station plays (305)569-1692 a major role in reducing flooding,specifically in the Miami Beach Convention Center area, which has a contributing drainage basin of 110 acres.The project will directly address the Contract Amount impacts of sea level rise;a major concern in South Florida. $7,388,238.80 The duplex station includes four axial pumps with four 32-inch pressurized pipes Contractor discharging into a junction box, and peak capacity of 20,000 gallons per minute (gpm) Ric-Man Construction,Inc. each, and a total capacity of 80,000 gpm when accounting for all proposed improvements. The excavation for the pump station structures required a 30-foot-deep, Timeline 2016-Ongoing 45-foot-by-50-foot watertight cofferdam. Status 95%Complete Type Design/Build t. 4& DB13-WASD-01 DESIGN/BUILD SERVICES FOR THE S-14-4------411, it -M4 INSTALLATION GRAVITY SEWER INTERCEPTORS FOR THE CON8T. INC. CON8Tm INC. mi,u FtacdoA s IINGHT---s..,NICNIDAN MASTER PUMP STATION NO. 3—CONTRACT 13RMCI002 ,: . . .ass :- wR .. , �t _ , f---- ao • 11 !/ s " 6, l.. ! ` ,1 Z`„ -_,Y �'-ate``-' .` '' ...:,., a_ . 4,:,i 2 . I „ ,, -\ . \ ... ‘ \ t, ..pi -I) i - - 1 -r----- ._.' .. . .. , . ,..:„. \ . _!..., ../ e • '' —1 1.--- \ \ \ W, \ \ \,_ ,..7c.,,.,,.,,, __ .._ _ 17 Scope of Work: Owner Miami-Dade Water&Sewer Dept 3071 SW 386 Avenue This was a Design/Build Project in which we were teamed up with Jacobs as the Prime Miami,FL 33146• Design Consultant. This project was located in the middle of downtown Miami. It was Pedro Vigil,Project Manager under an aggressive timeline as current residential and mixed-use developments were: (305)205-5152 anticipated to be completed by year end. The project consisted of the following: Design/Build Engineer • Approximately 580 linear feet of 54-inch micro-tunneled gravitysewer along S.W. 11 .Jacobs Street from S.W.2 Avenue to Master Pump Station No.3; 3150 SW 38th Avenue • Approximately 2,320 linear feet of 48-inch micro-tunneled gravity sewer along S.W. 2 (305)441-1864 • Avenue and S.W. 13 Street,from S.W.11 Street to Brickell Avenue; Contract Amount • Approximately 1340 linear feet of 36-inch micro-tunneled gravity sewer along S.W. 2 $13,713,360.00 Avenue,from S.W.7 Street to S.W.11th Street; • Approximately 695 linear feet of 30-inch micro-tunneled gravity sewer along S.W. 8 Contractor Street,from S.W.1 Avenue to S.W.2 Avenue. Ric-Man Construction,Inc. Timeline . , Moreover, our.services included the construction/installation of all tunneled piping 2014-2015 including launch and retrieval shafts, manholes, junctions, ancillary piping, tie-in. connections and commissioning of the new gravity sewer interceptors for Master Pump Status Station No.3 located at the intersection of S.W.3 Avenue and S.W.11 Street in the City of. Completed Miami. As part of our work, Ric-Man Construction, Inc. had to make sure that the Type following were coordinated and minimized any impacts to the Miami Avenue Bridge Design/Build Project: , Key Personnel • ,We took into consideration the bridge MOT plans during the preparation of our MOT Steven,Mancini,Design/Build Project Manager • Duane Nlullica,Quality Control plan to prevent conflicts and undue impact on traffic in the area; William'Parker,Safety Manager • Coordinated and obtained MOT approval from the Miami-Dade County Public Works; Damien Pang,Superintendent • Participated in the City of Miami bi-monthly MOT meetings; Detred Oden,TBM Operator • Coordinated with the City of Miami Public Works Department and the Office of , Transportation to develop an MOT plan that minimized congestion in the area. We ' accomplished this by a) providing Variable Message Signs for traffic entering the ' 1 Brickell Area, b) providing frequent closure updates, c) accommodating transit needs, and d) maintaining a free flow of through traffic as well as pedestrian access among', , other requirements. t . �6- � N M I D D L E B E LT TRANSPORT & STORAGE CON8� INC.IMCCONBT , INC. TUNNELMIAMI;-ORIDA HTS a1CR ,•i 4,•` s5%—, u ala y i P"' 1, tr:k*,,,- '''''--.-.7"-Jr` 1 ..,' ""'-e;e'r-r\.„.... ,-IN._ : '1/4,,t ' * ,-„,—, .._,,,,n, K ; e : y" -+•+• , •t. �g s `i' , l "'5"--'-_,✓ ti 1 X v/'� c /r f r ;,.;,,-,:1\-"\\47: ; , .:. •c,, " w ^scr%\ it S ' 7,..,,,: � \ \. ._,,.— 1 _ � .r` t.,,:_iAli ,-'-'"'" '1'17 +')s '''' ,..*7 ' • '�` . ,�-aiP -,1,4.'''.414V,.•r'' 414 Scope of Work: Owner p Oakland Co.Water ResourcesCommissioner One.Public Works Driive,. • •Bldg.95 West, Storage and Transport Tunnel with primary and secondary liner, two diversion .'.,Waterford;MI4832,8 - chambers, six tunnel structures, and other related work. Construction of ` SidLockheart • approximately 5,900 linear feet of 108-inch diameter storage and transport (248)85•8-10 i • tunnel to provide additional sewage capacity for the existing Farmington gravity Engineer. • , , onRoadbetweenRoad sewer interceptorlocated Middlebelt 13 Mile and 1-696. waTFim wold-Aven, 500 Gderisue E The tunnel varied in depth from 40' to 80' below the surface of Middlebelt RoadSuite2500 Detroit,Mi 48226 and will have a storage volume of 3.7 million gallons. Contract Amount_ $28,179,498.50 Some of the additional scope of services included the following: _ . Contractor • 5,900 LF of 108-Inch Diameter Tunnel • 1 Emergency Deep Tunnel Structure Ric-Man Construction,Inc. , • Compaction grouting from surface of —50 Feet Deep Timeline 11' diameter tunnel • 1 Emergency Deep Tunnel Structure - 2014-2017 • Secant pile shafts 70 Feet Deep Status • Soldier pile and wood lagging shafts • Sanitary Sewer Manholes—4 Each Completed • Soil stabilization by dewatering • 360 LF of 24-Inch CIPP Liner Type • • By-pass pumping • 315 LF of 36-Inch CIPP Liner Prime Contractor • • Slipline 5,900 linear feet of 110" • 465 LF of Storm Sewer 12 to 18-Inch Key Personnel . Hobas pipe • 5 Storm Sewer Manholes Steven,Mancini,Principal. . • 6 Tunnel Structures • 16,090 LF. of Cleaningand Television David)ennis'szust ,p:resident r David J.Anason P.E. Project Manager Inspection of Sewer—18 to 36-Inch Damien Pung,Supeiintendent Detred;Oden,TBM Operator , al 40*' \ '','-',:,-4,ALI::' ''Sk ' /V' , ",...- .-,-,,•'..,,, i-4 it.-2-_44-:::di, . 4,t;„11 r w iriI j'l40% ,- _ ��• t :.1. �! + \ - t .,..._ _., 1 `hip .. S' t r —s•a+a'.t" 3`-.A..` k.,...— 1.., -`il'''' : t.. ,.. • NORTH COUNTY NEIGHBORHOOD IMPROVEMENT PROJECT I PAAp NE QUADRANT- BID PACKAGE NO. 12 CONIZI INC. CON8q INC. �IAMf,f10R1� smanioN►g, actoon Scope of Work: ` Owner Broward County Water&Wastewater 2555 West Copans Road This project was within a residential neighborhood with a heavy traffic flow, Pompano Beach,FL 33069 Dewatering of the sanitary sewer was accomplished using well points, The deepest cut range was 18'-20' for the installation of the sanitary main at the Bernard Eugene (954)831-0923 connection to the new west well, This project was a complete restoration of a neighborhood with all utilities and roadway restoration, sidewalks, and driveway connections. All required permits were obtained using internal Engineer staffing. Miller Legg 5747 North Andrews Avenue Fort Lauderdale,FL 33309 Our scope of work included the following: Tel.(954)436-7000 • 19,796 LF of DIP Water Main • 7 Tons of DIP Fittings Contract Amount $9,289,226.03 • 88 Gate Valves • 18,030 LF of Sanitary Sewer Contractor • 1,678 LF of 12" DIP Force main Ric-Man Construction,Inc. • 10,175 LF of RCP/HDPE Drainage • • 27,986 LF of Reclaimed Water Main Timeline May 2010—August 2013 Status 100%Complete .Type Prime Contractor • • NORTH COUNTY NEIGHBORHOOD IMPROVEMENT PROJECT $C- mac- I/ BID PACKAGE NO. 13 COMA INC. CONliq INC. MIAMt,.fLOfU�A1NCllfs YICHI6AN Scope of Work: Owner Broward County Water&Wastewater 2555 West Copans Road This project was within a residential neighborhood with a heavy traffic flow. Pompano Beach;FL 33069 Dewatering of the sanitary sewer was accomplished using welt points. The deepest cut range was 16'-18' for the installation of the sanitary main at the Bernard Eugene (954)831-0923 connection to the new west well. This project was a complete restoration of a • neighborhood with all utilities and roadway restoration, sidewalks, and driveway connections. All required permits were obtained using internal Engineer staffing. Miller Legg 5747 North Andrews Avenue Fort Lauderdale, FL 33309 Our scope of work included the following: Tel.(954)436-7000 • 15,400 LF of DIP Water Main • 3 Tons of DIP Fittings Contract Amount • 45 Gate Valves $6,676,032.66 • 20,300 IF of Sanitary Sewer Contractor • 1,650 IF of 12"DIP Force main Ric-Man Construction,Inc. • 7,100 IF of RCP/t{DPE Drainage • 52,600 SY of Roadway Restoration Timeline Jan.2011—March 2014 Status 100%Complete Type Prime Contractor CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR 004 HORIZONTAL RIGHT OF WAY— ITB NO. 2019-257-KB CoN87. INC, QUALIFICATIONS AND SUBMITTAL REQUIREMENTS Aft,FLOC1 Ric-Man Construction, Inc. (RCI) was founded by Richard • Mancini in 1965 in Michigan and established in Florida in 1982. RCI specializes in heavy underground construction , 4%,4q throughout the Midwest and Florida. We are committed to improving infrastructure systems throughout the United ,i • � � States by adhering to our tradition of excellence and 1 ' innovation. With a focus on quality, safety and its ; employees, RCI has positioned itself as a leader in thej•;,,,;" s industry and a reliable contractor to carry out a project from start to completion. RCI remains dedicated to the highest . • quality and standards established by its founder and an �, ongoing commitment to excellence. • We have provided below a list of services that encompass some of our more noteworthy capabilities: • Braced cofferdams—land and water • Cured in Place Pipe Lining & Rehabilitation • Bridge and culvert construction • Caisson construction • Horizontal Directional Drilling • Deep foundations—drilled and top driven • Open cut utilities -Water, Sewer, Drainage, Irrigation • Deep shaft construction utilizing tight sheeting, secant pile, soldier pile, rib and board, sinking caisson, and slurry wall • Dewatering and bypass pumping • Mass grading • PCCP pipelines and slip line repairs • Rib & Lagging Tunnel & Shaft Construction • Rock tunnel using TBM, MTBM, and drill and shoot • Soft ground tunneling using TBM, MTBM, and hand mining • Soil and rock grouting • Structural concrete for underground d� facilities d ��i:�� +� C * � • • Structural underpinning and the '� „r temporary support of large diameter +si.�: f underground utilities a:' 001 ;, • Lift Stations and Pump Stations • Hardscape Improvements (sidewalks, • -0 ! r driveways, curbs etc.) • Courtney Trevor I• Emergency Repair Work 4.' •• Airport Expansion Projects v. � • Seawalls and Marine Construction I ' 74`Ake— `"fib' — CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL RIGHT OF WAY—ITB NO. 2019-257-KB CONS MC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS We invite you to explore RCI's history of experience and performance, which includes construction projects of all types and sizes. We consider all projects no matter the size to be of the utmost importance. Office Locations Main Office Broward County Office 38600 Van Dyke Avenue, Suite 100 2501 Green Road Sterling Heights, MI 48312 Deerfield Beach, FL 33064 Local Office—Miami-Dade County Office 420 Lincoln Road Suite 408 Miami Beach, FL 33139 Organization We are a State of Florida Corporation established in 1983. However,we have been in business since 1965 in Michigan. Date of Corporation: 06/23/1983 —400- = State of Incorporation: Florida Tax Identification#: 38-1943960 Officers r • /. .ie ., ,►u` Steven Mancini, President(100%Owner) Dennis Oszust, Vice President r Licenses 4. General Contractors License—CGCO25991 `® •• Bonding and Insurance Zervos Group, Inc. 24724 Farmbrook Road Southfield, MI 48037 Courtney Trevor Tel. (248) 663-5395 CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CONTI INC, QUALIFICATIONS AND SUBMITTAL REQUIREMENTS M1gMi F10R10A STATE OF FLORIDA ARTICLES OF INCORPORATION State of Florida Department of State I certify from the records of this office that RIC-MAN CONSTRUCTION,INC. is a Michigan corporation authorized to transact business in the State of Florida, qualified on December 11, 2002. The document number of this corporation is F02000006152. I further certify that said corporation has paid all fees due this office through December 31,2018,that its most recent annual reportluniform business report was filed on November 21, 2018, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given wider wry hand and the Great Seal ofthe State of Florida at Tallahassee,the Capital this the First day ofMaerh,2019 )94111-491A-- Secretary of State Tracking Number:7s45592547CD' To authenticate this certincate,vlsit the following site,enter this number,and then follow the instructions dip layed. httpsJhervices.sunba.orgFl ags/CertificateOlStatuslCertficateAuthentication CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL RIGHT OF WAY—ITB NO. 2019-257-KB CONT. INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS M1gMl F�pRl�p GENERAL CONTRACTOR'S LICENSE Secretory I pr l STATE OF FLORIDA DEPARTMENT OF BUSINESSAND PROFESSIONAL REGULATION CONSTRUC,1'lON INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFlED UNDER THE PROVISIONS OF CHAPTER 489,FLORIDA STATUTES --I OSZUST,DENNIS 1 ?RIC-MANCONSTRUCTI IN INC.!.' 1•,420 LINCOLN ROAD SUITE 408 + `MIAMI BEACH- P1.33139 11 LICENSE NUMBER:CG0025991 EXPIRATION DATE:,AUGUST 31,2020 Always verify licenses orAne at MyFloridaticenssecom : Do not alter this document in any form. ++i o- This is your Ikense.k k unlawful for anyone other than the pcerooe to week dxvneliL LOCAL BUSINESS TAX- MIAMI-DADE COUNTY Local Business Tax Receipt LBT Miami—Dade County,State of Florida -THIS IS NOT A BILL-DO NOT PAY 6078794 BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES RIC MAN CONSTRUCTION INC RENEWAL SEPTEMBER 30, 2019 420 LINCOLN ROAD #408 6341200 MIAMI BEACH,FL 33139 Must be displayed at place business Pursuant to County Code Chapter 8A-Art.9&10 OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED RIC MAN CONSTRUCTION INC 196 GENERAL BUILDING BY TAX COLLECTOR C/O OSZUST DENNIS QUALIFIER CONTRACTOR 115.50 04125/2019 Worker(s) 30 000025991 0229-19-005447 This local Business Tax Receipt only confirms payment of the local Business Tax..The Receipt is not a license. permit,or a certification of the holder's qualifications.to do business.Holder must comply with any governmental or nongovernmental requlatury laws and requirements which apply to the business. The RECEIPT NO.abuse must be displayed on all commercial•iehrcles-Miami-Dade Code Sec 8a-276, MIAMIGNU=_ Foto'more infefnylive.visit wwwmiamidade.quv(taocollector CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR IL$C1k HORIZONTAL RIGHT OF WAY—ITB NO. 2019-257-KB CON87. INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS411014.I,FLORIOA CERTIFICATE OF INSURANCE Client# 9215 RICMAN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE IM MlDGYYrv) 611412019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PROOUCf"R CONTACTTammy Pittman ZERVOS GROUP,INC. q.p�e 24724 Farmbrook t!rep a Em 248 365-411 I uc Ito,248 356.2178 6AOORESS:tammyezervosgroup.com P.O.Box 2067 INSURERISIAFFORDING COVERAGE NA ICF Southfield,MI 48037-2067 INSURER A Old Republic General Insurance Corp 24139 .NSURED INSURER a Aspen American Insurance Company 43460 RIC-MAN CONSTRUCTION INC _..„. 1,4SuRER C Navigators InsuranceCOmpany 36056 38600 Van Dyke Ave Ste 100 INsuRER0:Uoyde Laden 085202 Sterling Heights,MI 48312-3265 p,s I,St.P , elereInsurance Company 36137 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU.DIE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. w5R 40009u8R1 POLICY EFF POLILYE ) LTR TYPE OF INSURANCE WSR WOO FOIICYMMBER -_.. mFaCoYYYYI PI L WETS A X COMMERCIAL GENERAL�LIABILtT X X A5C310971803 D610112019 0610112020 EACH OCCURRENCE I i 2,000,000 ,.VS-MACE I^I OCCUR r sT oNarrnnee) i s 300.000 X X,C,U MED ExP(Any en*poison) i;5,000 X COntracual PERSONAL&ADV INURY *2,000,000 GENo A„•:�.:::ATE LIMITAPPLIESPER GENERAL AGGREGATE *4,000,000 7 LOT El.ECT 0 LOC ' �FRODUCTS-COMP/OP AGO 14,000,000 -.,ER I A AUTOMOBLELABILITY X X A5CA10971803 06/01/2019 06/01/2020'.e;MDGNGLELMrc WILBD51,000,000 X .. AUTO ,BODILY INWRY(Per person) 1 -`0 ONLY `' -W BOOBY INJURY(Per oxidant) 5 ALTOS ... _ H��RT�OQ I, '''!?."'-',-‘ 1' .. ,.i•NNEC- ,oar.FFJ7TY DMMGE 1 X WTOS ONLY {X . • •. Fu a,.GAMN1 • 5 B X WBRELLALIAB X ,a X X CXOOCRK19 06/01)2019 06/01/2020 ACHoccuRRENCE x15,000,000 C IEXCESSLIAB w ACE CHI9EXCZ026WWIV 06/01/2019 06/01/2020•v••GPEGATE 115,000.000 r. 1 A WORKERS COMPENSATION X A5CW10971803 06/01/201906101/20201X I IO AND 4MloveRr LUM4TY Yin Ml mE tOrGL"u E 1E©N/A 51,000,000 IMandelore i.lel) E, .•--tOYEE 11,000,000 • •~ PFRATIONS Won 'F " ' 'l MIT l 0.000.000 .000.000 O Professional • CPP000019001 12/1512018 06/30/2020 $5,000,000 D Pollution CPP000019001 06101/2019 06/01/2020 $10,000,000 E Contractors Equip X X QT6606H628930 06/01/2019 06/0112020 $1,000,000 Leased/Rent DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES IACCRD ICI.ACASRTH Remuha Schuh/N.may se MLcha or more Spat.Is requiem Re:ITB No.2019-257-KB. Project:Job Order Contracting Services-Various Trades. City of Miami Beach is an Additional Insured on work or operations performed as required by written contract.Waiver of Subrogation applies to General Liability,Automobile Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD City of Miami Beach Procurement THEEXPIRATION DATE ABOVE DESCRIBED POLICIES THEREOF, OF, NCEWILLCANCELLED BEDELIVEREDBEFORE IN Department ACCORDANCE WITH THE POLICY PROVISIONS. 1755 Meridian Avenue 3rd Floor Miami,FL 33139 AUTHORIZED REPRESENTATiVE 01988.2015 ACORD CORPORATION.All rights reserved. ACORD 25(20161031 1 of I The ACORD name and logo are registered marks of ACORD #54215031M421446 MEM CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR OC.WWI HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CONSil INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS BONDING CAPACITY c"") illtdeOrni 4117 ZERVOS ® OUP INC. INSUR " E & BONDS May 23,2019 Ric-Man Construction, Inc 38600 Van Dyke,Ste. 100 Sterling Heights, MI 48312 RE: Bonding Limits To Whom It May Concern, Zervos Group, Inc has had a working relationship with Ric-Man Construction Companies for over 35 years.Their surety company is Western Surety Company which holds an A.M. Best Rating of A(Excellent)and has a Financial Size Category of XIV.At this time, Ric-Man Construction, Inc has a$100,000,000 single,$200,000,000 aggregate bonding program.This program is to meet the contractors every day needs and by all means,does not limit the contractor to any certain amount. We are confident that your investigation has confirmed the fact that Ric-Man Construction, Inc. is an exceptionally well-managed and financially sound company,with a credit rating with all suppliers and subcontractors that is a model for the industry.As always,Western Surety Company reserves the right to perform normal underwriting at the time of any bond request, including,without limitation,prior review and approval of relevant contract documents, bond forms and project financing.We assume no liability if for any reason we do not execute such bonds Please do not hesitate to contact our office if we can be of further assistance. Sincerely, Western Surety Company Angelo .Zervos, Attorney- -Fact 24724 Farmbrook Rood•P.O.Box 2067•Southfield.Michigan 48037-2067 (248)355-4411 •Fax(248)355-2175 CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR SC° V HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CON137.1111 INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS mtAii FlpR1�A LISTING OF EQUIPMENT Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 1 by Type System Date: 05-29-2019 System Time: 8:43 am Equipment Description Make Model Year Serial Number Status ARROW BOARD A-201 Arrow Board In Service A-205 Wanco Arrowboard Wanco 15LT 2014 5F11S101301003552 In Service AIR COMP. A-106 Ingersoll Rand 185CFM Ingral Rnd XP185WJ0 2001 322177UEL222 In Service A-107 Champion Air Compressor Champion HRAIS-12 R40A 8487 In Service A-115 Ingeraol Rand Air Compressor Ingrsl Rnd P185WJD 2011 429196UHVD75 In Service AUGERS D-904 Hain Drill Augers 48, 60 i 84" In Service BROOM/RAKE 8-114 2008 Mew Holland T1520 TractoMEW ROLLAN T1520 2006 Z8NGL1030 In Service B-116 JD 50450 Sweeper Broca John Deere50450 2014 1PY5045DCCB010113 In Service 8-304 2007 Bruce Broom RCT 350 Broca RCT350 Brm2007 405514 In Service Bucket-Clam 8-911 72e 320 Excay. Bucket CAT 72" 320 bk MYC00283 In Service COMPUTER EQUIP 0-111 Dell Computers 2001 In Service 0-201 Deli Latitude 0-531 Dell Latd (DP) GZ5P4G1 In Service 0-202 Dell Latitude D531 Dell Latd (JP) DX5P4G1 In Service 0-203 Dell Latitude D-531 Dell Latd (BD) HZ5P4G1 In Service 0-204 Deli Latitude D-500 Dell Latd (LV) 154HL31 In Service 0-205 Dell Latitude D-510 Dell Latd (DW) 59R2M81 In Service tHENT MIXER C-201 Cement Mixer J677950 In Service C-202 Stone 65cm Mixer Stone 65cm 2000 4499477 In Service C-203 Cement Mixer Mixer 65CM 2001 3200209 In Service C-204 Stone Mixer 65cm Stone 65cm 2002 192002351 In Service C-205 Stone Cement Mixer Stone 65CM 409730 In Service C-206 Stone Cement Mixer Stone 65CM 2000049 In Service C-209 2011 Reimer Mob Concrete Mixedteimer RA850-25 2011 N23VA13510881 In Service C-212 Whiteman Concrete Mixer Whiteman 9CF Mixer 2015 F1552347 In Service C-213 Twin tub 175 gal Grout Mixer Home Made Home Made In Service :OMPACTORS H-520 HOE PACK HOE PACK In Service H-521 HOE PACK HOE PACK In Service H-522 HOE PACK HOE PACK In Service H-524 Labounty Hopac for 329 Excava8.abounty Hopac 690 In Service 'RIPPERS C-301 Morbark Chipper Morbark Eager Bver1985 16099 In Service "RANES C-103 Northwest 95 North West 95 1961 21674 in Service C-105 North West 1900-WT-Series II North West 1900-WT-Sr1971 23799-45625 In Service C-110 Manitowoc 222 Series B Manitowoc 222 Sera 82000 2221056 In Service C-152 Lima 700-TC Crane Lima 700-TC 1980 737 A 112 In Service C-153 Manitowoc Model 12000 Crane Manitowoc 12000 2008 1200-1069 In Service C-155 Link-Belt LS218HII 110 Crane Link-Belt LS218HII J2J03791 In Service C-157 Shawbox Bridge Crane Shwbx Brdg Crane In Service C-158 Super Crane Attachment Super CranAttachment 6A310553 c 10637001 In Service "ONGRETE SAW M-902 Clipper 375 Concrete Saw Clipper 375 M0431 In Service CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR SC. k HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CON87.1 INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTSMiA�, FL°"pA Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 2 by Type System Date: 05-29-2019 System Time: 8:43 am Equipment Description Make Model Year Serial Number Status CONCRETE SAW M-958 Husgvarna Concrete Saw Husgvarna FS400LV Sw 20132100082 In Service Drivers/Extractors P-201 ICE 416L Vibratory Driver/Ext I.C.E. 416L 2002 V81204 In Service DRILLING RIG D-903 Hain Crane Mounted Drill Rig Hain 471/3531-31992 40015-5 In Service D-905 Hain 9ft Drill Fixture In Service D-906 CAT Auger - Model tRX8000 CAT Auger RX8000 2005 CM80670 In Service 0-907 Terex Texoma 800 Drill Rig Terex Texoma 8001994 4D-229245 In Service D-908 Kelly Bar - 5 1/2 inch 50' Kelly Bar r In Service D-909 Casagrande M9-1A Drill Rig Casagrande M9-1A 2011 M9UU0193 In Service DRILL-PILING RIG D-910 CasagrandeC850 Piling Rig Casagrande C850 2011 C850UU0125 In Service D-91A 4' X 3' DIA CORE BARREL 4' TALL X CORE BARRE In Service D-9111 5' X 42' DIA CORE BARREL 5' TALL X CORE BARRE In Service D-91C 8-19'8" - EURO DEL WALL CASINO4-19' 8" 1 Dbl Wal Cs In Service D-91D 45" x 36" DIA ONE EYE BUCKET 45" TALL XONE EYE CL In Service D-91E 4' X 42" DIA CORE BARREL 4' TALL X CORE BARRE In Service D-91F 49" X 36" DIA BUCET/NO KEL BOX9" TALL X BUCKET/NO In Service D-91G 6' TALL X 34" DIA AUGER W/TEE'S' X 34" DAUGER W/TE In Service D-91H 8' TALL X 34" DIA AUGER 8' X 34" DAUGER In Service D-91I 2-39.5" TL-EURO CAS-CUTTER HER-39.5" TA EURO CAS-C In Service D-91J 6-9'10" EURO DBL WALL CASING 6-9'10" EURO DBL W In Service DOZERS D-102 Cat D4D Dozer Caterpillr D4D 1967 78A07294 In Service 0-119 2015 CAT D5K2L Dozer CAT D5K2L CAG 2015 0XYY01757 In Service D-502 Cat D5C Series III LGP Cat D5C 1999 62L01103 In Service EXCAVATOR BUCKETS B-908 374 Excavator Bucket CAT 374 -38" 181364 In Service B-909 Bucket for E-125 Excvtr Bck Bucket In Service EXCAVATORS E-114 Cat 375L Exc. Cat 375L 2001 1JM00544 In Service E-117 Cat 385 CL CAT 385CL 2006 EDA00253 In Service E-121 2009 CAT 305C Mini Excavator CAT 305C 2009 CAT0305CAHWJ03B33 In Service E-122 2011 CAT M318D Wheel ExcavatoCAT M318D 2011 OW8P05393 In Service 6-123 2011 CAT M318D Wheel ExcavatoCAT M318D 2011 0W8P05372 In Service 6-125 2014 CAT 328D LCR Excavator CAT 328D LCR 2014 0RMX01010 In Service 5-126 2014 CAT 374DL Excavator CAT 374DL 2014 0PAP00354 In Service E-128 2014 CAT 329ELP Excavator CAT 329ELP 2014 PLW01540 In Service E-207 Koehring 1166 Koehring 1166 1981 27026 In Service FORKLIFTS L-307 Clark Forklift Clark In Service L-312 Toyota Fork Lift Toyota Fork Lift 61611 In Service L-313 Toyota Forklift Truck Toyota 52-6FGCU35 60413 In Service L-317 2000 JCB 506C TELESCOPING LIFTfCB 506C 2000 SLP506COYE0586409 In Service L-320 2006 Gehl Tele Lift Gehl RS5-34 Te12006 RS5JX0512557 In Service L-322 Big Joe Straddle Stacker Big Joe PDS25-106 2016 324190461 N3753 In Service L-324 2012 Sky Jack Lift Truck Sky Jack Lift Truck2012 SJIII3226 In Service L-325 2006 CAT GC7OKI Lift Truck CAT GC7OKI L T2006 AT89A00434 In Service FARM TRACTOR J-102 John Deere 4005 John Deere4005 2008 LV4005G100005 In Service CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR 10Ca P4 A it HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CONidfl INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS NIA*,FLORIDA Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 3 by Type System Date: 05-29-2019 System Time: 8:43 am Equipment Description Make Model Year Serial Number Status GENERATORS G-531 5000 Watt Genset 3172294 In Service G-532 6000 Watt Generator 6000HDX 2004 1000748 In Service G-533 Honda 6000 HDX Generator Honda 6000 HDX T2005 1001569 In Service G-541 Multiquip DCA400SSK GeneratorMultiquip DCA400SSK 3699157 In Service 0-543 Multiquip Midel 25 KVA Multiquip 25 KVA 2010 7110476 In Service G-547 2014 Tsurumi 4500 W Tsurumi 4500W 2014 050433 In Service G-548 2014 Tsurumi 4500 W Tsurumi TPG4-4500H2014 050492 In Service G-551 2011 Atlas Copco 35KW GeneratAtlas Cope OAS45 2011 100345 In Service G-553 2017 Honda Generator 2200 W Honda Generator 2017 HOEU2000I1A3 In Service G-635 Cat 635kw 3412DITTA Caterpillr 3412DITTA T29211 In Service HYDRAULIC HAMMER H-501 Allied 770C Hydraulic Hammer Allied 770C 1998 6616 In Service HYD POWER UNIT H-523 Stanley Hydraulic Power Pack Stn-Pwr Pc HP28B02 In Service P-801 FP Hydraulic Pump F4L912 FP8-12 In Service LOCOMOTIVES/MUCK L-701 3 Ton Locomotive In Service L-702 Greensburg 4 Ton Locomotive Greensburg4 ton 1956 2391 In Service L-703 Greensburg 6 Ton Locomotive Greensburg6 Ton 1957 2403 In Service L-704 Greensburg 6 Ton Locomotive Greensburg 6 Ton 1962 2579 In Service L-705 Balco 6.5 Ton Locomotive Balco 6.5 Ton 1978 80192 In Service L-706 Balco 6.5 Ton Locomotive Balco 6.5 Ton 1978 80193 In Service L-707 Balco 6.5 Ton Locomotive Balco 6.5 Ton 1978 80194 In Service L-708 Balco Locomotive 4 Ton Blc Locmtv4 Ton In Service L-709 Mining Electric Locomotive In Service L-712 New Loci In Service L-801 (44) 2 RAIL MUCK BOXES In Service L-802 8500' Tunnel Track In Service L-803 Flat Cars In Service L-804 Flat Car In Service L-805 Flat Car In Service L-806 Personnel Car In Service L-807 Pipe Carrier In Service L-809 Loci - Hydaulic Power Unit In Service L-810 Mining Concrete Transfer Car In Service L-811 Mining Transfer Car In Service LOADERS L-115 Cat 980C Caterpillr 980C 1990 63X09421 In Service L-I23 2014 CAT 950K Loader CAT 950K Loadr2014 OR4A02222 In Service L-124 2014 CAT 950K Loader CAT 950K 2014 0R4A02772 In Service L-125 2014 CAT 950K Loader CAT 950K 2014 0R4A02704 In Service L-126 2014 CAT 950K Loader CAT 950K 2014 0FER00808 In Service 1-133 2006 CAT 950H Loader CAT 950H 2006 K5K00381 In Service L-134 2006 CAT 950H Loader CAT 950H 2006 JK5K00375 In Service L-151 John Deere 325 Skid Steer John Deere 325 2008 110365 In Service L-153 2012 Gehl 5640 Skid Loader GEHL 5640 Sk Ld2012 513601 In Service LEVELS Z-133 Top Con Laser Top Con AT-BR Lasr2015 M26158 In Service 1-134 Top Con Laser Top Con AT-84 Lasr2015 M26155 In Service MISC. EQUIP 8-921 Concrete Bucket Garbro 0462G 02350F In Service C-906 Manitowac 40' boom section Manitowac Bocci Sectn In Service D-902 Cat 8 Ripper Series In Service CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR 'tic.1111101411, HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CONI3711 INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTSMIAMl,FLORSDk Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 4 by Type System Date: 05-29-2019 System Time: 8:43 am Equipment Description Make Model Year Serial Number Status MISC. EQUIP E-901 9750 Hopack M50A99 DF0F12-53 In Service 8-903 5904D Model 9700 In Service L-601 Forklift Work Basket Lakeshore M44 J-3039 In Service M-120 Cement Levelers In Service M-121 Cement Leveler In Service M-400 Mickierman-Terry In Service M-401 Mickierman-Terry In Service M-908 Fosdick Radial Drill Press Fosdick 4537 In Service M-912 ProCrimp 1380 ProCrimp 1380 98-0655 In Service M-913 Drill Press 12 Speed MP-11019-H 045064 In Service M-920 Athens 250 lift Discs Athens 250 Ilf Tm In Service M-926 GARDNER DENVER STOPER DRILLS GARDNER DE RB-83 DRIL in Service M-930 Pipe Tugger - 12V Pipe Tuggr12 volt SPP1004 In Service M-933 Pipe Puller Pipe Pulirfor Miami In Service M-939 Pipe Carrier Case Pipe Carr 1981 1205162 In Service M-941 Rotary Blower-Gardner Denver Grdnr Dnvr 50 HP-GAFL2014 S439104 In Service M-944 Hobas-Diesel Pipe Carrier Home made Ds Pip Car RM944 In Service M-947 Pacific S-32 Floor Scrubber Pacific S32 2016 104191 In Service M-948 Air Systems 8" 20 hp blower Air Systms 8" - 20 bl In Service M-955 Man Basket Han BasketMED-B-VAC T-6429 In Service M-960 Rome Disc Rome D 12' x 36 TACH 12-36 In Service M-962 Bonanza Fan Blower Bonanza 40 E;P 4055 In Service M-963 Mud Cleaner/Centrifugal Pump Derrik Hyperpool 2018 In Service PLATE COMPACTORS P-104 2008 Wacker Plate Compactor Wacker Plt Cmpctr2008 5505085 In Service P-110 Mikesa 4 Cycle Rammer Mikasa Rammer 2015 A2495 In Service P-111 Mikasa 4 Cycle Rammer Mikasa Rammer 2015 A2520 In Service PUMPS L-808 Schwing P88 Concrete Pump CarSchwing P88 ..71088907 In Service P-401 Tsurumi 4" Diesel Trash Pump Tsurumi 4" Trs Pmp2015 1101408-39743 In Service P-406 Godwin 4" Submersible Pump Godwin GSP55-HV 2017 185041 In Service P-407 Godwin 4" Submersible Pump Godwin GSP55-HV 2017 173330 In Service P-604 1 - 6" Submersible Electric 21- 6" S B pump 30 In Service P-605 Lova Guncrete Pump REED LOVA 16-4 2005 05-4113-16-4R In Service P-910 Moyno Grout Pump 2J6CDQ Myn L Sers 2.26CDQAAA 2009 M03069053M5 In Service P-911 Moyno Grout Pump Moyno 4EOES2CDQ AS36729 In Service P-912 Accelerator Pump Shotcrete 2949019-03 In Service P-913 HPC Cement/Grout Pump HPC SV-20 Gr P1994 502 In Service PRESURE WASHER M-910 Hydo Tech Pressure Washer Hydro Tech 80626 In Service M-931 Farley's Gemini 6 PSI Washer Farley Gemn 6 PSI2010 MI-1360 In Service RADIO'S R-501 Portable Two-Way Radio Motorola CP200 2009 018TJWJ518 In Service R-502 Portable Two-Way Radio MOTOROLA CP200 2009 018TJWJ561 In Service R-503 Portable Two-Way Radio MOTOROLA CP200 2009 O18TJWJ742 In Service R-504 Portable Two-Way Radio MOTOROLA CP200 2009 018TJWJ740 In Service R-505 Portable Two-Way Radio MOTOROLA CP200 2009 018TJWJ551 In Service R-506 Portable Two-Way Radio MOTOROLA CP200 2009 0278JN7173 In Service CUT OFF SAWS 5-705 Delta 10" Hybrid Saw Delta 36-714 2008 In Service SAFETY EQUIPMENT S-901 SCBA Rescue Pack Sperian 888888 2009 0901230143 In Service 5-902 SCBA Rescue Pack Sperian 888888 2009 0901230153 In Service CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR Illacs * HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CONST. li INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTSMIgM1,fLOR(DA Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 5 by Type System Date: 05-29-2019 System Time: 8:43 am Equipment Description Make Motel Year Serial Number Status SAFETY EQUIPMENT 5.903 SOBA Rescue Pak Sperian 888888 2009 0901230122 In Service SHORING i TRENCH BOX 8-500 Efficiency Trench Box Eficiency 8 x 26 1979 In Service B-501 1979Efficiency Trench Box 8x28(£feciency 8x28 1979 In Service 8-502 1980Efficiency Trench Box 8x2Efficiency 8x26 1980 In Service B-503 1990 Trench Box 8 x 26 Efficiency 8 x 26 1990 In Service B-504 1983 Efficiency Trench Box Efficiency 8 x 26 1983 In Service B-505 2000 Efficiency Trench Box Efficiency 8 x 26 2000 In Service 8-506 2001 Efficiency Trench Box Efficiency 8 x 26 2001 In Service 8-507 2001 Efficiency Trench Box Efficiency 8 x 26 2001 In Service B-508 2001 Efficiency Trench Box EfficiencyB x 26 2001 In Service B-509 2005 Trench Box 4 x 20 Pro-Tec PAL4-4 x 22005 19438 In Service B-511 ProtecTrench8ox(1)9x16(1)10x2Pro-Tec Trnch 8(2)2006 In Service 8-514 Trench Boxes Trnch Boxs 30043-30044-30045-30In Service 8-515 RM-Trench Box Home Made In Service 8-601 Material Stone Box In Service 8-602 Material Stone Box In Service 8-603 Material Stone Box In Service 8-604 Material Stone Box In Service B-701 (48) 8' x 20' Steel Plates In Service 8-702 (1) 8' x 15' Steel Plates In Service 8.703 (3) 8' x 10' Steel Plates In Service B-704 (3) 4' x 10' Steel Plates • In Service AUTOS 1-901 2018 Cadillac ATSV Cadillac ATSV 2018 1G6AL5SY1J0139716 In Service T-903 2016 Ford Explorer Ford Explorer 2016 1FM5K7BB9GGB03619 In Service T-905 2018 Cadillac CTS-V Cadillac CTS-V 2018 1G6A15S68J0132377 In Service 1-910 2015 BMW 4351 BMW 435I 2015 WBA3R1C58FK193332 In Service 1-915 2018 Jeep Grand Cherokee JEEP GRAND CHER2018 1C4RJFCG9JC335841 In Service T-983 2012 Ford Explorer Ford Explor-SV 2012 IFMHK7B81CGA81882 In Service T-985 2013 Ford Explorer Ford Explorer 2013 1FM5K78B5DGA11452 In Service T-987 2013 Ford Explorer Ford Explorer 2013 1FM5K7888DGA49855 In Service T-988 2013 Ford Explorer Ford Exp XLT 4w2013 1FM5K8D83DGA79185 In Service T-992 2013 Ford Explorer Ford Explorer 2013 1FM5K7882DGC38758 In Service T-993 2013 Ford Explorer Ford Explorer 2013 1FM5K7B87DGC29022 In Service T-999 2015 Ford Explorer Ford Explorer 2015 1FM5K7885FG809433 In Service TUNNEL SOARING MACHINE 8-900 SLS Tunnel Navigation System VMT SLS PRO 102012 SLS503423 In Service 8-•902 Herrenknecht MTBM Herrnkncht AVN 1500 M2018 In Service B-914 Decker 114" TBM Decker 114" In Service B-920 Lovat 120" TSM Lovat 120" 2300 In Service 8-932 32" American Augers Micro Tundmucn Augr Mcr Tunnln1990 In Service 8-948 TBM- 61" OP RM-Hom mad 48" pipe In Service B-974 Technicore 74" Technicore s74 In Service 8-975 Robbins TBM 83" Cutterhead Robbins 83" Cuttrh In Service 8-978 Scott 99" TBM Scott 78" In Service 8-990 Robbins Cutter Head for 8.920 Robbins Cutter Hd In Service 8-996 Technicore SG95 Technicore SC95 In Service 8-999 Hydrolic Motors 3 In Service TRAIN CONTAINERS 1-321 Train Container 40' DV 40' JSPU4012451 In Service T-322 Train Container 40' DV 40' CMUU4427187 In Service T-324 Train Container 40' 40' TRIU5021821 In Service T-325 Connex Boxes 40' Connex 40' NONU4434782 In Service 1-326 Connex Boxes 40' Connex 40' CASU4644148 In Service 111441 CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR INISC HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB C0N8T. INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTSMIAMI.,0Nv, Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 6 by Type System Date: 05-29-2019 System Time: 8:43 am Equipment Description Make Model Year Serial Number Status TRAIN CONTAINERS T-347 Dry Container 40' EMCU248035.4 In Service T-348 Dry Container 40' EMCU100976.1 In Service 1-349 20' Storage Container Brian CLHU219968-1 In Service T-350 20' Storage Container Damien UXXU235878-0 In Service T-351 20' Storage Container Lonny CBHU0818160 In Service T-352 20' Storage Container Gene CBHU0855034 In Service T-356 20' Storage Container Pete Z1MU2206031 In Service T-359 Bentonite Trailer (Homemade) Homemade Bentonite 2013 In Service T-360 20' Storage Container Jon Pung HLCU 242659-0 In Service T-361 20' Storage Container Varis Jbs FSC4351600-5 In Service T-365 40' Premium 4 TRI Doors Conex Chip Kra112012 HS40YZK8081 In Service T-369 2014-Homemade Bentonite Trail4iomemade Bentnt tr12014 In Service T-373 20 ' Conex for Casagrande 20' Conex KKTU-729971-9 In Service T-381 20' Container Box 20' Contnr (Explosys) In Service FUEL TRUCK T-339 Fuel Wagon- Brgg 6 Str HOMEMADE 276301 In Service T-340 Fuel Wagon In Service T-341 Fuel Wagon- 1000 Gallon In Service T-357 1985 Ford F600 - Fuel Truck FORD F600-FUEL 1985 1FDMF60H4FVA72559 In Service TUNNEL JACKING FRAME J-501 ADJ. JACKING FRAME In Service J-502 54" Tunnel Jacking Frame In Service J-503 60" Tunnel Jacking Frame In Service J-504 72" Tunnel Jacking Frame In Service J-505 78" Tunnel Jacking Frame In Service J-506 102" Tunnel Jacking Frame In Service J-507 81" Tunnel Jacking Frame Tunnl Jckn Frame Hone Made In Service TUNNEL JACK 6 BORE M-904 Horizontal Boring Mach. 24" 24" 8613 In Service M-907 Horizontal Boring Mach. 48" 48" In Service M-916 Michael Byrne 30" Jack 4 BoreMichl ByrnJk & B 30"2007 4559 In Service TRAILERS T-314 TRAILMOBILE TRAILMOBIL 1980 V94048 In Service T-316 GREAT DANE 42' GREAT DANE 1978 89463 In Service T-318 Hobbs 42" Hiboy Hobbs 42' Hiboy 1979 FHZ932411 In Service T-323 2002 Triten Tailor Triton LT10-101W92002 4TCSS11052HW06473 In Service T-331 2003 Talbert Lowboy Talbert 75 Ton 2003 40FSK614231022259 In Service 1-332 42' x 96" Flatbed 3 Axel Fruehauf Flatbed 1985 1H4p04234FF004702 In Service T-338 Utility Landscape Trailer Car-On Tr14 X 6G 2005 4YMUL06155G124639 In Service 1-342 2005 Carry-On Trailer CARRY-ON TRAILER 5 2005 4YMUL08155V063186 In Service T-346 2005 Karavan Trailer Karavan Boat Trier2005 5KTBS181X5F222212 In Service T-362 2010 Haulin Utility Trailer Haulin Utlty Trlr2010 SNHUHA015AW058402 In Service 1-364 2002 Contrail Trailer Contrail Trailer 2002 4KNFC19272L163006 In Service T-368 Deluxe 20' Equip. Trailer Deluxe Eqp. Trilr2014 53XFD2020EJ000654 In Service T-371 2015 Sooner Lariat 7400 Trail400ner Lart 7400 2015 4LASH2228F5064886 In Service 1-374 Water Trailer Water Wagn 4L5TT1722GF038820 In Service r-375 2017 Trailer FMEW-15K Trir Sal MFMEW-15K-22017 53XFD2025HJ000900 In Service T-377 1993 Stoughton 53' Dry Van Stoughton 53' Dr V T1993 1DW1A4822PS847741 In Service T-378 1999 Mond 53' Dry Van Trailer Mond 53' Dr V T1999 2MN12314XX3011428 In Service T-379 1999 Mond 54' Dry Van Trailer Mond 54' Dr V T1999 2MN123143X3011433 In Service T-380 1997 Storage Trailer Utility Trailer 1997 1UYVS2531VP257814 In Service PICKUPS T-849 2005 Ford F550 FORD F550 CB 2005 1FDAF56P25EC55596 In Service 357 2008 Chevy Silverado 2500 Crei¢hevrolet Slvrd 25002008 1GCHC29K68E127912 In Service CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR Item li HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CONST1 INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS ` ,N,,FLOR�o. Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 7 by Type System Date: 05-29-2019 System Time: 8.43 am Equipment Description Make Model Year Serial Number Status PICKUPS T-864 2011 Chevy Van Stake Chevrolet Stake 2011 1GB3CZCG2BF143473 In Service 1-868 2012 Ford F250 PU Ford 1250 2012 1FT7X2A63CEA81236 In Service T-871 2014 Ford F250 PU Ford F-250 PU 2014 1FT7X2A69EEA52178 In Service 1-874 2015 Ford F250 PU Ford F250 2015 1FT7X2A6XFEA26688 In Service 1-875 2015 Ford F250 PU Ford F250 2015 IFTBF2A69FEA02024 In Service 1-878 2014 Ford F-150 PU Ford F-150 2014 IFTFXIEF8EFC65388 In Service 1-879 2015 GMC Sierra Denali GMC Sierra 2015 1GT120E89FF616556 In Service 1-881 2015 Silverado 2500 PU Chevrolet Slvrd 25002015 1GC2CUEG9F2542098 In Service 1-882 2015 Chevy Silverado 2500 Chevrolet Slvrd 25002015 1GC2CUEG4F2141493 In Service 1-885 2015 Chevy Silverado Chevrolet Silverado 2015 1GC2CUEGXF2553630 In Service 1-886 2017 Ford 1550 Mechanic Truck Ford F550 2017 1FDUF5GT5HDA02520 In Service T-887 2017 GMC Sierra PU GMC SIERRA1500 - 4WD2017 3GTU2NEJ3HG246705 In Service 1-888 2017 Ford 1250 PU Ford F250 PU 2017 1FT7X2A65HEC10701 In Service 1-889 2017 Chevy Silverado 2500 Chevrolet Slvrd 25002017 1GC2CUEG2HZ262784 In Service 1-890 2017 Chevy Silverado 2500 Chevrolet Slvrd 25002017 1GC2CUEG8HZ260022 In Service 1-891 2017 Silverado 2500 4WD Chevrolet Slvrd 25002017 1GC2KUEG6HZ250821 In Service 1-895 2018 GMC 1500 Sierra Denali GMC Sierr 15002018 3GTU2PEJ5JG201623 In Service T-898 2018 Chevy Silverado 1500 Chevrolet Slvrd 15002018 1GCVKREC3JZ323835 In Service T-975 2010 Ford F-150 4 X 4 Ford 1-150 2010 1FTEW1EB1AFA51921 In Service TRACTORS T-117 1999 Kenworth Kenworth 1999 1XKDDBOX6XR798982 .In Service T-123 1499 Kenworth Kenworth 1999,1XKDDBOX4XR798981 In Service 1-127 1979 GMC GMC 1979 T49FC9V581999 In Service 1-504 1988 Ford L8000 Dump FORD L8000 1988 1FDXR82AXJVA27795 In Service 1-506 2007 Ford F-750 Mechanic TrucWORD F-750 2007 3FRWF75R77V448863 In Service T-514 2019 Peterbilt Mechanic Truck Peterbilt 337 PX7-Mc2019 2NP2HM6X4KM264737 In. Service WELDERS W-105 Miller Welder Miller CP-300 1996 J1799596 In Service W-106 Trailblazer 301G Welder Trailblazr 3010 2003 LC453289 In Service W-108 Miller Bobcat 250 Welder Millr Bbct Welder 2005 LF164846 In Service W-109 Kohler Bobcat 225 Welder Kohler Bobcat 225 LH300370H In Service W-110 Bobcat 250 Welder Bobcat 250 Welder2010 907211D In Service W-111 Bobcat Welder Bobcat Welder 2012 MC090817R In Service W-112 Bobcat Welder Bobcat Welder 2012 MC090819R In Service W-113 TIG WELDER SYNCROWAVE TIG WELDERSYNCROWAVE MC300404L In Service W-114 Bobcat Welder 250 MP Bobcat Welder 2014 ME220809R In Service W-115 Bobcat 250 Welder Bobcat Welder 2015 MF020553R In Service W-116 2015 Trailblazer Welder Trailblazr Welder 3252015 MF330478R In Service W-117 Dynasty 210 Welder Dynasty Welder M3070136L In Service WATER TREATMENT W-501 400gpm H2S Treatment Plant 8 X 10 Trtmnt Pln In Service W-502 400gpm H2S Treatment Plant 8 X 10 Trtmnt Pin In Service W-503 400gpm H2S Treatment Plant 8 X 10 Trtmnt Pin In Service GAS DETECTORS A-830 Gas Detector M-40 Ind. Scntf M40 2010 1001248392 In Service 2-805 Industrial Scientific MG140 Ind. Scntf MG140 0005206-127 In Service 2-807 Industrial Scientific MG140 Ind. Scntf MG140 2001 0103062-036 In Service 2-812 Industrial Scientific MG140 Ind. ScntfPG140 2002 0203068-043 In Service 2-813 Industrial Scientific 140140 Ind. ScntfhG140 2002 0203068-044 In Service 2-815 Ind. Scientific MG140 Ind. Scntf MG140 0212063-092 in Service Z-820 Ind. Scientific M-40 Ind. Scntf M-40 2009 0909032-217 In Service 2-821 Indus. Scientific MG140 Industrial MG140 2006 06030CJ-023 In Service 2-822 Industrial Scientific M40 Gas Monitr M40-Bowers2008 0810048-001 In Service 2-827 Gas Detector M-40 Indst. Sc.M-40 2008 0807090946 In Service 2-828 Gas Detector M40 Indstrl Sc 0905080-316 In Service 1414/11 CITY OF MIAMI BEACH JOB ORDER CONTRACTING (JOC) FOR 111014. HORIZONTAL RIGHT OF WAY-ITB NO. 2019-257-KB CONST1 INC. QUALIFICATIONS AND SUBMITTAL REQUIREMENTS __________M�Mi FL0R1D� Ric-Man Construction, Inc. Equipment List 05-29-2019 Page 8 by Type System Date: 05-29-2019 System Time: 8:43 am Equipment Description Make Model Year Serial Number Status GAS DETECTORS 2-829 Gas Detector M40 Indstrl Sc 2010 1001430-032 In Service 2-854 Industrial Scientific Gas Det. MG140 2009 0910011645 In Service 2-855 Industrial Scientific Gas Det. M40 2008 0809081-229 In Service 2-856 Industrial Scientific Gas Detlnd. Scntf M40 2009 0903048783 In Service 2-857 Industrial Scientific Gas Detdnd. Scntf M40 2009 0908034-578 In Service 2-858 Industrial Scientific Gas Det Ind. Scntf M40 2009 0908034-577 In Service 2-859 Ind. Scientific Gas Detector Ind. Scntf M40 2009 91139-646 In Service 2-860 Industrial Scientific Gas DetIndstrl Sc M40-Parker2011 1012437-484 In Service LASERS 2-100 MODEL 4700 BEAM ALIGNER BEAM ALIGN MODEL 4700 47-0411 In Service 2-101 A.G. LASER BEAM A.G. LASER 023159R In Service 2-102 A.G. LASER BEAM A.G. LASER 023163 In Service 2-103 A.G.LASER BEAM A.G. LASER 023161 In Service 2-104 LASER MODEL 945 LASER MODEL 945 3980 In Service Z-106 LASERPLANE LASERPLANE 849 In Service 2-107 LASERPLANE LASERPLANE 3544 In Service 2-108 Spectra Physics Model 942 Las4ASER LEVE942 942-142 In Service Z-109 DIALGRADE LASER LASER DIALGRADE 1056 In Service Z-110 DIALGRADE LASER LASER DIALGRADER 1133 In Service 2-111 DIALGRADE LASER LASER DIALGRADE - 1055-981 In Service 2-112 LASER LEVEL LASER LEVI 5L944 In Service Z-113 DIAL GRADE Dial Grade 577 In Service 2-114 Topcon TPL3G Topcon TPL3G MA 1723 In Service 2-115 Topcon GTS-203 Topcon GTS-203 JQ 0842 In Service 2-116 Dial Grade Laser - Red Spctr Phsc 9229 In Service 2-117 Spectra Dialgrade Laser Spectra Dlgrd 1255 47-5564 In Service Z-118 Leica NA730 Leica NA730 5135786 In Service Z-123 Topcon Pipe Lazer Topcon TP-L4GV 2003 VF0439 / SB9684 In Service Z-125 Leica Rugby Rotating Lazer Rugby 2010 96892 In Service 2-126 Futiuda LT800 Laser Futiuda LT800 2015 FC2636 In Service 2-127 Topcon Lazer TP-L4BG Topcon TP-L4BG 2014 VH3201 In Service 2-128 Leica 724 Level Leica 724 2014 5625249 In Service 2-130 Topcon RL-H4c Laser Topcon RL-H4C Lsr2015 8032 In Service 2-131 Topcon RL-H4C Laser Topcon RL-H4C Las2015 8036 In Service Z-132 Top Con Lazer Top Con H4C Laser 2015 PT8034 In Service 2-135 2015 Leica Rugby Laser Leica Rgby 610 2015 1015613043 In Service 2-136 2015 Leica Rugby 50 Rotary Lejeica Rgby 50 Rotary 2015 50027979 In Service 2-137 Top Con Laser Top Con Laser 2015 P18051 In Service 2-138 2015 Spectra Laser L.L300N1 Spectra LL300N1 2015 15177603 In Service 2-139 Leica Rugby Laser Rugby 50 2015 50025179 In Service 2-140 2017 TopCon LSAU Laser TopCon LSAU 2017 RT0565 In Service 2-141 Piper Laser Piper 1255HP Las 9235 In Service • C Bid Tender Form (Appendix B, Form B1) S. ./ . , . .. . „,, ' 41 1111"::: ,418., i A ithili.i t ,. L " ` " �•'-�•a roc � +� 3. � - �.r»"+� . .a z� `` *1°� .ms a+'�✓ 1" `..,�.,. ».;__.. . _7 _ y. .'iP^3=• w. , 3 4M \ib...., } ! 7 R ,f,0. . .•,,-- w. • 41 r ,1 w ,w °y _ - . w APPENDIX B miAmi BEAc Bid Tender Form Bl MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BICC NON- RESPONSIVE. Acknowled • ement of Addenda B2) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NO - RESPONSIVE. 23 I 2019-257-KB .. ' t" � MIAMIBEACH Bid Tender Form (B1 ) Page 1 of 1 FAILURE TO SUBMIT THIS BID TENDER FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION. The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization, overhead and profit, insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. In the event of arithmetical errors,the Bidder agrees that the Adjustment Factors listed in the column titled"Bid Adjustment Factor"shall govern and be used to calculate the division totals and total base bid. In absence of either of the two(2)Adjustment Factors,the City shall interpret as no bid,which may disqualify bidder. In the table below,the Bidder shall set forth Adjustment Factors in legible figures in the respective space provided. The Contractor shall perform the Tasks required by each individual Job Order using the following Adjustment Factors: Adjustment Factor Name Bid Adjustment Factor X Multiplier =Division Total 1. Adjustment Factor for Normal Working 1 0 62 . X 0.80 = Hours 2 Adjustment Factor for Other Than ( (� X 0.20 =© . .111 U Normal Working Hours 3. Add all the Total amounts in the right column. The Sum of these Total amounts is the Total Base Bid. =.1. 0 9.a Notes To Bidder: 1. Specify lines 1 through 3 to four (4) decimal places. Use conventional rounding methodology (i.e., if the number in the 5th decimal place is 0-4,the number in the 4th decimal remains unchanged; if the number in the 5th decimal place is 5-9,the number in the 4th decimal is rounded upward). 2. The Other Than Normal Working Hours Adjustment Factors must be greater than or equal to the Normal Working Hours Adjustment Factors. 3. The weighted percentage multipliers above are for the purpose of calculating a Total Base Bid only. No assurances are made by the City that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. The Total Base Bid is only used for the purpose of determining the Bid. 4. When submitting Job Order Price Proposals related to specific Job Orders, the Bidder shall utilize one or more of the Adjustment Factors applicable to the Work being performed. 24 12019-257-KB Bidder's Affirmation The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees, if its Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida,for the performance of all requirements to which the Bid pertains. Bidder: Ric-Man Construction, inc. Authorized Agent Name: Steven Mancini Authorized Agent Title: Presi Authorized Agent Signature: 25 ( 2019-257-KB .,i'iirY+lildiY 4 .. �, :a _� ° oa�7tlt�tA ? C� iisR,t9t4. D Acknowledgement of Addenda, Appendix B, Form B2 • - i '' 1 .H: 41. . - . i .... lir ! . "• )' uta . • 4 1 jai ,• a � .,.W �., ky# 4 am•. ...gip s}x'46 .0 • T .� „II -.`. �1Y '� x> .i.‘ SA'A ...'.1';'''1.'-‘'it'p. ,.} A.. 1'1.- ., Z. "'Y ''..*.a. .. ., ,, APPENDIX B M I AM I BE AC ; Bid Tender Form Bl MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. Acknowled • ement of Addenda B2) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- , RESPONSIVE. • 23 I 2019-257-KB Acknowledgement of Addenda (B2) Page 1 of 1 Amendment 1 05/15/19 Amendment 6 Amendment 2 05/21/19 Amendment 7 Amendment 3 06/07/19. Amendment 8 Amendment 4 6,113))/ , 1i3))c Amendment 9 Amendment 5 / Amendment 10 Bidder: Ric-Man Initials: Construction, Inc. 26 I 2019-257-KB • , ,,. • • Ric-Man Construction, Inc. it'C"Mq R�c�M� 420 Lincoln Road, Suite 408 Miami Beach, FL 33139 CONST. INC. CONST. INC. �� { �„M`Mi,FLOR� STERLING HTS., MICHoAN www.ric-man. ^:^^ , .. ., : ATTACHMENT A COMMISSION MEMORANDUM r: � A Competitive Bid Reports-C2 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2019 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2019-257-KB FOR JOB ORDER CONTRACTING SERVICES -VARIOUS TRADES. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2019-257-KB,for Job Order Contracting Services-Various Trades. ANALYSIS On November 14,2018,the Mayor and City Commission approved a recommendation by the Finance Committee recommendation to streamline construction related procurement by implementing a Job Order Contracting (JOC) program. The main purpose of the JOC program is to expedite the delivery of construction projects through pre-established contracts. Locally, the JOC construction delivery method is successfully being utilized by the City of Miami, Miami-Dade County Public Schools, and the Jackson Health System. JOC is a project delivery method utilized by many public sector organizations to expedite routine construction projects by establishing a pool of pre-qualified contractors that can quickly respond to an agency's needs for construction services.JOC is most commonly used to address deferred maintenance backlog,complete renovation projects,and expedite projects that require a rapid response.A Job Order Contract is a competitively bid, fixed price, multi-year construction contract based on established or published unit prices via a unit pricebook usually developed by an independent third-party(the City utilizes the Gordian Group system as detailed below), often referred to as a construction task catalog (CTC), with a competitively bid multiplier applied to the unit prices.The City has contracted with the Gordian Group,the largest JOC program software provider in the United States,to develop the CTC and provide the supporting software system for the CiWs JOC program.The Gordian Group,which owns RS Means,manages a research-based CTC which includes pricing adjusted for accuracy within each local area in which it is deployed. According to the Job Order Contracting Association, an industry group that promotes best practices, education and credentialing in JOC programs to the construction industry,the benefits of JOC contracts includes: • more projects completed on-time and on-budget through collaborative information sharing,detailed project scopes,and proven processes to speed project delivery; • enhanced cost visibility through standardized construction task catalogs; • enhanced contractor performance through long-term agency-contractor relationships as JOC contracts are multi-year based on contractor performance; • reduced deferred maintenance backlog; • fewer change orders as better communication improves project scope development and yields elimination of contractor-driven change orders; • transparency as each project cost is developed via pre-determined unit prices yielding full transparency. In order to select contractors for the JOC program in the areas of general construction, horizontal right-of-way (ROW), electrical construction, roofing, and landscaping, the administration developed Invitation to Bid (ITB) 2019-257-KB. The ITB requires each bidder to submit the multiplier that will be applied to the unit prices in the CTC.The multiplier includes the contractor's overhead costs and profit.The ITB also considered licensure,experience and past performance. ITB PROCESS ITB No.2019-257-KB for Job Order Contracting Services-Various Trades,was issued on May 14,2019,with a bid opening date of June 19, 2019. The City received 34 bids in response to the ITB from the following 30 firms (some firms submitted bids for more than one trade)for a variety of trades,as indicated below.See Attachment A. Electrical South Florida Electric Consultant Edd Helms Electric AGC Electric Solares Electrical General Construction mow` Lee Construction Group, Inc. Shiff Construction G.E.C.Associates Richport Construction Group Harbour Construction Delcons Stone Concept Miami Waypoint Construction Team Contracting, Inc Johnson-Laux Danz Contracting Critical Path Services Horizontal(Right-of-Way) Harbour Construction Terra Hyle Envirowaste The Stout Group Maggolc, Inc. Southern Underground Metro Express, Inc. Lanzo Construction Co., Florida Danz Contracting Ranger Construction Industries, Inc. Ric-Man Construction Ric-Man International David Mancini&Sons Seawalls Shoreline Foundation Kearns Construction Company Danz Contracting Roofing Advanced Roofing Richport Construction Group Staff has verified that all bidders met the licensure and technical requirements of the ITB. However,a number of issues pertaining to the bids received by Richport Construction Group,Stone Concept Miami, Inc.,and Shoreline Foundation are noted below. Richport Construction Group A principal of the Richport Construction Group was an employee of the City until December 2018. Section 2.111(q) of the Miami- Dade Ethics Commission's Ethics Code, commonly referred to as the two-year rule, prohibits former local government employees from lobbying their former County or municipal employer for two years following the termination of their employment. Further,the City Attorney's Office has determined that the actions required to obtain a contract from the City,as part of the City's solicitation process, are considered lobbying and are, therefore, violations of the two-year rule.As a result, the City may not accept a bid from Richport Construction Group and may not consider the firm for award and the bid must be rejected. Stone Concept Miami. Inc Stone Concept Miami, Inc.was awarded a contract pursuant to I TB 2018-294-ZD,for window replacements at the Miami City Ballet. The Property Management Department, which manages this contract, has reported significant performance failures by Stone Concept Miami. On July 1, 2019, the City issued a notice-to-cure to Stone Concept Miami, Inc. for failure to perform work in accordance to contract documents pursuant to the Miami City Ballet Exterior Doors and Windows Replacement project. Subsequently, on September 6, 2019 the contract with Stone Concept Miami was terminated. As a result, the administration recommends that no bids from Stone Concept Miami, Inc.be considered. Shoreline Foundation.Inc In October 2018, on a project at the Port of Miami, Shoreline was convicted of invoicing the US Coast Guard for work required but not completed on the project. Shoreline Foundation, Inc. has claimed that the work was to be performed by one of its subcontractor and that it was unaware that the subcontractor had not completed the work. However, Shoreline Foundation, Inc. has also acknowledged that it is ultimately responsible for the actions of its subcontractors and has accepted responsibility for this matter.The U.S. Department of Homeland Security, in investigating the issues with the Port of Miami project did fine Shoreline but did not recommend debarment.The State of Florida,Department of Management Services,has also investigated the issue and has taken no action in the matter. However, the Florida Department of Transportation (FDOT) has entered into an agreement with Shoreline Foundation, Inc. in which the firm voluntarily has agreed to not bid on any project or work as a subcontractor or materials supplier on any FDOT project through May 31,2020. Following this moratorium,Shoreline will be eligible to bid on FDOT projects. CONCLUSION I have reviewed the bids received pursuant to the ITB,as well staff's due diligence and analysis. I agree that it is important to proceed expeditiously with the JOC program to help expedite a number of projects, including G.O. Bond projects, while adhering to cost controls and incentivizing contractor performance. In determining an award recommendation, I note that the City code requires that, in addition to price,the following factors must be considered: (1) The ability,capacity and skill of the bidder to perform the contract. ( ) Whether the bidder can perform the contract within the time specified,without delay or interference. (3) The character,integrity,reputation,judgment,experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. With regard to the bid received from the Richport Construction Group, I concur with the interpretation of the City Attorney's Office regarding the Miami-Dade County Ethics Commission Code two-year rule restriction. Therefore, I recommend that the bid received from Rirhnnrt f`nnctri irtinn(:rni in ho roiartari With regard to the matter of Stone Concepts Miami, Inc.'s performance on a current City contract, it is my position that City contractors that have not satisfactorily performed on their contract obligations should not be considered for further awards.Therefore, I recommend that the bid received from Stone Concepts Miami be rejected. With regard to the matter of Shoreline Foundation moratorium agreement with F DOT,Shoreline has notified the City Attorney's Office that it is in agreement that the City will award no work until such time as it has been determined to be in good standing with FDOT. While I acknowledge the seriousness of the issues at the Port of Miami project, I also understand that the Department of Homeland Security has investigated this matter and recommended that Shoreline not be debarred. Further, the State of Florida has also investigated the matter and has not recommended any further action. Finally, FDOT has agreed to allow Shoreline to participate in its procurement projects following the conclusion of the voluntary agreement. In considering this matter, I must also consider the City's current and future needs regarding seawalls and the need to have sufficient contractors to expeditiously complete this work. Shoreline is one of three contractors that has submitted a bid in response to the ITB and, it is important to note, has submitted the lowest cost multiplier for this category of work. Finally,while it is important to have sufficient contractors to complete City projects,having too many contractors tends to reduce the amount of work any given contractor is awarded and,as a result,may reduce a contractors ability to deploy sufficient resources for the awarded projects since the majority of JOC projects tend to be smaller in size.While the City is fortunate to have received so many responses to the ITB,staff has analyzed the pending projects list for the next several years and has estimated how many contractors would be required to complete the work for each category. If the number of projects increase in the future, there is always the possibility of adding additional contractors to the JOC program. Therefore, based on the aforementioned, I recommend that the Mayor and City Commission approve the award of the following contractors pursuant to ITB 2019-257-KB for job order contracting services—various trades. In assigning work,the Administration will endeavor to utilize the contractors with the lowest multipliers (see Attachment A), unless the contractor is not in compliance with any contract or performance requirement or it is otherwise in the City's best interest as determined by the City Manager. The Administration will provide a monthly report to the City Commission of JOC projects awarded during the preceding month. Electrical South Florida Electric Consultant AGC Electric Edd Helms Electric Solares Electrical General Construction Lee Construction Group, Inc. G.E.C.Associates Harbour Construction Team Contracting,Inc. Danz Contracting Shiff Construction Horizontal(Right-of-Way) Harbour Construction E nvirowaste Maggolc, Inc. Metro Express, Inc. Danz Contracting Ric-Man Construction David Mancini&Sons S eawalls Shoreline Foundation(only eligible for work once the voluntary no bid period with FDOT has ended) Danz Construction Keams Construction Company Roofing Advanced Roofing Legislative Tracking Procurement ATTACHMENTS: Description o Attachment A DIVISION TOTAL Firm Name Trade DIVISION TOTAL Adjustment Factor for Total Base Bid Adjustment Factor for "Other Than Normal "Normal Working Hours" Working Hours" South Florida Electric Consultant Electrical Construction 0.81584 0.20596 1.0218 AGC Electric Electrical Construction 0.8416 0.3156 1.1572 Edd Helms Electric Electrical Construction 0.9593 0.2657 1.2250 Solares Electrical Electrical Construction 1.024 0.286 1.3100 Lee Construction Group, Inc. General Construction 0.688 0.172 0.8600 G.E.C.Associates General Construction 0.6944 0.1736 0.8680 ... Harbour Construction General Construction 0.74 0.185 0.9250 General Con Hee*irs 07746 04889 07944-5 Team Contracting,Inc - General Construction 0.8715 0.2208 1.0923 Danz Contracting General Construction 0.8784 0.225 1.1034 Shiff Construction General Construction 0.896 0.26, 1.1560 ,Geftef•al-Ceristructifter 0,9434 0.2'121 14845 Delcons General Construction 0.9496 0.2434 1.1930 Waypoint Construction General Construction 0.872 0.327 1.1990 Johnson-Laux General Construction 1.084 0.279 1.3630 Critical Path Services General Construction 1.2946 0.3236 1.6182 Harbour Construction Horizontal ROW 0.752 0.188 0.9400 Envirowaste Horizontal ROW 0.816 0.204, 1.0200 Maggolc,Inc. Horizontal ROW 0.816 0.21 1.0260 Metro Express,Inc. Horizontal ROW 0.7984, 0.236 1.0344 Danz Contracting Horizontal ROW 0.8388 0.2141 1.0529, Ric-Man Construction Horizontal ROW 0.852 0.217 1.0690, David Mancini&Sons Horizontal ROW 0.888 0.232 1.1200 Terra Hyle Horizontal ROW 0.896 0.25 1.1460 The Stout Group Horizontal ROW 0.9447 0.2362 1.1809, Southern Underground Horizontal ROW 0.944 0.238, 1.1820 - Lanzo Construction Co.,Florida Horizontal ROW , 0.9484 0.2441 1.1925 Ranger Construction Industries,Inc. Horizontal ROW 1.136 0.304 1.4400 Ric-Man International Horizontal ROW 1.52, 0.399 1.9190, Shoreline Foundation Marine Construction 0.912 0.2346 1.1466 • Danz Contracting Marine Construction 0.9264, 0.241 1.1674 Kearns Construction Company Marine Construction 1.072 0.292 1.3640 _ Advanced Roofing Roofing . 0.72 0.19 0.9100 Roofing 0.9434 0.2421 1.1855 *Not recommended for award. ATTACHMENT B SOLICITATION ITB AND ADDENDUMS MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3`'Floor, Miami Beach, Florida 33139,www.miamibeachFl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 4 ITB 2019-257-KB JOB ORDER CONTRACTING SERVICES — VARIOUS TRADES June 13, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). THE DEADLINE FOR QUESTIONS HAS PASSED AND NO FURTHER QUESTIONS WILL BE CONSIDERED. I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Wednesday, June 19, 2019. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. RESPONSES TO QUESTIONS RECEIVED. 01: Non Pre-Price Adjustment Factor: At the pre-bid meeting they discussed adding a line item to the bid tender form called Non Pre-Priced Items and said a new Bid Tender Form would be sent in an addendum. I cannot find the new form. Can you please let me know where to find this. Al: A revised Bid Tender Form will not released. The Non Pre-Price Task Item is not a Bid Factor. The standard allowance for non pre-priced items is 10%. Please refer to the formula found on Pages 92-93, Section 3.4.3.3 for further information. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado©miamibeachfl.gov. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. frere) , t,..\ /Tf A - le renis Pr',• rement Director 1 ADDENDUM NO.4 INVITATION TO BID(ITB)No.2019-257-KB g JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES 1 . MIAMI BEACH City of Miami Beach, 1755 Meridicn Avenue, 3"Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tei: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 1TB 2019-257-KB JOB ORDER CONTRACTING SERVICES — VARIOUS TRADES June 7, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). THE DEADLINE FOR QUESTIONS HAS PASSED AND NO FURTHER QUESTIONS WILL BE CONSIDERED. I. ATTACHMENT(S). Exhibit A: Presentation by The Gordian Group at Pre-Bid Meeting II. REVISION(S). 1. The ITB Information & General Requirements, Project Description & Scope of Work (Pg. 2) has been revised as follows: Furnish all, labor, materials, equipment and supplies in order to provide Job Order Contracting services to the City of Miami Beach, FL. Prime Contract Opportunities Include: - General Construction - Horizontal Right-of-Way - Electrical Construction - Roofing - Landscaping - Marine Construction (seawalls, docks, etc.) 2. Appendix A, Part C, No. 2 has been revised as follows: 2. Provide three (3) residential renovation similar projects that the applicant has completed in the last five (5) years. Similar projects shall be defined projects which include the trade being applied for. 3. Appendix A-2, Article 9, add the following, "If Builders Risk insurance is required for a specific Job Order, the cost of the insurance will be included in the Job Order Price Proposal as a reimbursable task." 4. Appendix A-2, Article 3.7.4, add the following, "The self-performance percentage shall apply to the organization's labor hours performed at the project site through the working foreperson level. Superintendents and office staff do not apply to the self- performance percentages." 1 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES 5. Appendix F, JOC Supplemental Conditions, Section 9, Cooperative Purchasing, has been deleted in its entirerty. 6. The ITB Summary, ITB Information & General Requirements Requirements, Procurement Contact (Pg. 2) has been revised as follows: Name: Kristy Bada, Contracting Officer III Telephone: 305-673-7000 Ext. 62218 Email: Krista.Bada kristybada@miamibeachfl.gov III. RESPONSES TO QUESTIONS RECEIVED. Q1: In the ITB summary pages (Page 6/ 2019-257-KB to be exact)-The category ""TAB C: BID Forms". Please advise if this should read "Tab D...." since Tab C already exists. Al: Correct, it should read "Tab D." Q2: Additionally, in the sub-heading "1." Please advise if what is mentioned to be "Form B3" should be "Form 82". If it is meant to be "Form B3" please provide this paperwork. A2: Correct, it should read "Form B2." Q3: Sub-heading "2. Local Workforce Responsible Contractor Affidavit, Part A".-Please provide this form. A3: This form will be provided and required at time of Job Order, if applicable. Q4: Sub-heading "2. Local Workforce Responsible Contractor Affidavit, Part A".-Please provide this form. A4: This form will be provided and required at time of Job Order, if applicable. Q5: How many General Construction contracts does the city intend on awarding? A5: Unknown at this time. However, if it is deemed to be in the City best interest, the goal is to award the majority of projects with a value up to $2 million through any resulting agreement(s).The City reserves the right to award projects in excess of $2 million if it is deemed to be in the City's best interest. Q6: Please confirm that surveying and as-builts are to be included in the factor. A6: As-builts are to be included in the Adjustment Factors. Survey will be added as needed on a project per project basis. Q7: Please confirm that all testing will either be paid for by the city, or the city will provide their own testing agency. A7: The City will pay for any tests not included in the Technical Specifications. Tests specified in the Technical Specifications are considered to be part of the Unit Prices. For example, the Technical Specification for cast-in-place concrete requires tests for slump, air content, and compression. 2 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Q8: In Appendix F, JOC Supplemental Conditions, Section 9 Cooperative Purchasing states "If the Contract is utilized by Entities, the contractor agrees to pay Gordian a 6.25% license fee (eZIQC Fee) due and payable within five days from the date the Contractor receives payment from Entity." Is this fee to be included in our factor, or would the 6.25% license fee be added in addition to our factor should another entity want to hire the contractor and use this contract? A8: This section does not apply and has been deleted in its entirety. Q9: On Page 6 of the ITB, it indicates that under Tab C we are to submit Appendix B Form B3. Seems like a typo and should be Form B2. Please confirm or provide Form B3 since there is no form in the ITB. A9: Please refer to response A2 above. Q10: On Page 6 of the ITB, it requires that we submit under Tab C the Local Workforce Response Contractor Affidavit, Part A. I could not find it within the ITB. Could you please provide. A10: This form will be provided and required at time of Job Order, if applicable. Q11: On Page 16 of the ITB, Appendix A, Part C, No. 2 requires residential renovation project experience. As it relates to Horizontal Right of Way, there is no residential experience. Also, we were unable to find any specific minimum requirements for the Horizontal Right of Way Component of the JOC ITB? Traditionally, the City provides a minimum of 5 years in business and having completed similar projects. However, we can provide typical ROW projects; however, of what project size. Al 1: Please refer to Revision 2 above. Q12: It was discussed during the Pre-Bid, that Marine Construction was to be included in either General Construction or Horizontal Right of Way. What do we need to provide or include within our package to let the City know that we are interested in submitting for this. What experience requirements. Al2: Please refer to Revision 1 above. Q13: On Page 21 of the ITB, Appendix A, Question 24— It is requesting that we provide a listing of products that are to be sourced in North Caroline and Mississippi. Since this is a JOC, we have no idea what project would be given to us. How do we respond to this question? Please advise. A13: Contractor only need advise if its direct firm services are being sourced in North Carolina and Mississippi. No response is necessary regarding products or subcontractors as that information is not known at the time of bid. 3 ADDENDUM NO.3 . .�....._ INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Q14: Are the printed copies of the Task Catalog that were at the pre-bid meeting still available to be picked up? The online pdf is locked, preventing printing and we would prefer having a physical copy for our files. A14: No. They are not available for pick up. Any Contractor awarded a Contract may purchase a printed copy. Q15: If awarded a contract...will we be billing through the Gordian software. If so, is the software free or must we purchase it? A15: Billing will be outside the Gordian software. Access to the Gordian Cloud will be provided to Contractors awarded a Contract with the City. The cost of the software in part of the 1% JOC System License Fee the awarded Contractor is to pay on Job Orders issued. The 1% JOC System License is to be included in the Adjustment Factors. Q16: The bid package states a bid bond is not required. If awarded the contract, will there be a performance and payment bond required? If so, how much would the contract amount for bonding purposes be? A16: A bid bond is not required at this time. However, a payment and performance bond will be required, on a project by project basis, for job order projects, on a project per project basis, in excess of$200,000. Q17: Will there be separate JOC packages for each trade to bid on? A17: If submitting a Bid for more than one trade, Bidders shall submit a separate bid package for each trade being bid. Q18: Where can we download the Construction Task Catalog? A18: A copy will be uploaded to www.publicpurchase.com. Q19: The Bid Documents state that there is no Bid Bond required to be submitted at the time of bid. Is this correct? A19: Please refer to response A16. Q20: Will there be a Performance and Payment Bond Required to enter into Contract with the City of Miami Beach? If so, what would be the bid bond amount? A20: Please refer to response A16. 4 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES 021: Will there be separate bid packages for the different scopes stated in the ITB (General Construction, Horizontal Right Of Way, Electrical, Roofing, and Landscaping)? Right now the website shows only one generic package. A21: If submitting a Bid for more than one trade, Bidders shall submit a separate bid package for each trade being bid. Q22: Will there be separate Construction Task Catalogs for the different scopes? Right now the website shows only one generic package. A22: All Contract trades will use the same Construction Task Catalog°. Q23: Moreover, our firm has been trying for many years to enter the City of Miami Beach market but the project have always been over$10,000,000 for the Horizon Right of Way projects. We respectfully ask the City of Miami Beach to help smaller contractors which can perform projects between $0 to $7,000,000 to obtain work within the City as well. I assure you that some of us bring plenty of value with our services. A23:,Noted. Q24: How many contracts will the City of Miami Beach be awarding for each trade posted on the solicitation? A24: See response to question 5. Q25: Per the pre-bid conference, it was stated that a presentation that was presented to the in-person attendees would be shared with all bidders. Please provide this presentation. A25: Please refer to Exhibit A. Q26: In the past Builder Risk insurance was reimbursable. In the current bid it seems to be included in the factor. Please clarify. If included in the factor, how are we to determine which jobs will require builders risk and how much it will cost? Cost varies by job depending on circumstances, location and building materials. A26: Please refer to Revision 3 above. Q27: Bid Form — Local Workforce Responsible Contractor Affidavit, Part A is not included in bid forms. Can you please provide it. A27: This form will be provided and required at time of Job Order, if applicable. 5 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES Q28: Page 16 of ITB question 2 asks to provide 3 residential renovation projects, can we submit commercial renovation projects instead? Our company does not specialize in residential work. A28: This is an inadvertent error. Please refer to Revision 3 above. Q29: Please clarify the 10% self-perform requirement for the "General Construction" contract. Will project management, supervision, administration, etc. count towards this? A29: Please refer to Revision 4 above. Q30: There are two tabs listed as "Tab C." Should the last tab be identified as "Tab D?" A30: Please refer to response Al above. Q31: Please confirm that a bid bond is not required. A31: Please refer to response A16 above. Q32: Part C, item two is requesting three residential projects. Should this be commercial projects? A32: This is an inadvertent error. Please refer to Revision 3 above. Q33: It appears that the Contractor Affidavit, Part A is missing. Would you please provide it? A33: This form will be provided and required at time of Job Order, if applicable. Q34: I'm just following up on the substitution form I sent you, checking to see if Scranton Products would be a qualified substitution. A34: Since no projects, products, or contractors have been identified at the moment Gordian cannot consider any product substitutions. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoci miamibeachfl.gov. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, A -x Denis Procurement Director 6 ADDENDUM NO.3 •.._.s,..��.�._.,..._,....,..-�.��..-<.�,�.:Y..,.. _....:. ,.- INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Exhibit A: Presentation by The Gordian Group at Pre-Bid Meeting 7 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES GRDIAN " MIAMJBEACH Building knowledge CITY OF MIAMI BEACH JOB ORDER CONTRACTING SERVICES INVITATION FOR BID ITB No. 2019-257-KB May 28, 2019 Pre-Proposal Conference Agenda • JOC Overview • The Contract Documents • Contract Specifics • Understanding the Construction Task Catalog® (CTC) • Calculating the Adjustment Factors • Completing the Bid Tender Form B1 • Considerations • Review of Key Points • Bid Submission GORDIAN` 8 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES JOC Overview Definition • Indefinite delivery/indefinite quantity process (IDIQ) • Enable contractors to complete a substantial number of individual projects with a single bid • Tasks based on competitively-bid, preset prices Value • Saves time and money • Provides transparency and auditability GORDIAN' JOC Overview: Umbrella Contract Part 1 Bidding the Umbrella Procuring Individual Job Order Contract Projects From Owner Owner It Subcontracting Owner Owner Project A Opportunities Contractors Awards Advertises Submit Umbrella Owner Subcontracting Job Order gids Job Order Project B Opportunities Contract Contract OwnerS Subcontracting Project C Opportunities GORDIAN• q ADDENDUM NO.3 INVITATION TO BID(ITB)No. 2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES JOC Overview: Why JOC Works For Contractors • Good work is rewarded with more work • Profit is a function of volume • Volume is driven by performance • JOC provides a steady flow of work • Win a higher percentage of proposed projects • Easier process for project proposals • Long-term relationship with the City • Good work is rewarded with more work • Develop partnership with the City • Ability to leverage Subcontractor and Supplier relationships • Ability to sell value, not just compete to be the lowest price G 'RDIAN. JOC Overview: Why JOC Works For Contractors • Reduced Risk • Fixed prices • No negotiations • Payment for every element of work performed • Ability to provide input during scope development • Eliminates quibbling over change orders • Reduced chance of claims • Build bond capacity • Larger presence and enhanced reputation in the local community G43RDIAN" Frt 10 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB { JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES JOC Overview: Why JOC Works For Facility Owners • A Fixed Priced, Fast Track Procurement Process • Job Orders are Lump Sum • The Ability to Accomplish a Substantial Number of Individual Projects with a Single Competitively Bid Contract • Contractor Has A Continuing Financial Incentive To Provide • Responsive Services • Accurate Proposals • Quality Work on Time • Timely Close Out • Future Purchase Orders Tied to Contractor Performance • No Obligation To Award Specific Projects • the City can Use All Other Methods For Accomplishing Projects GORDIAN JOC Overview: Why JOC Works For Facility Owners • Increases use of local subcontractors and local businesses • The absence of pre-established quantities inhibits trade staffing by the prime contractor. • Responsiveness requires the prime to use multiple local subcontractors. • No bonding requirement for the sub, faster payment, and less red tape, thereby expanding business opportunities for small businesses • The City reviews and approves all Subcontractors prior to issuing Job Orders • Increases Transparency • The City Has the Ability to See and Review the Back-Up Pricing Details • Schedule Flexibility • No Shelf Life for Prices or Job Orders • Fast procurement cycle is good for end of fiscal year projects GORDIAN' 11 ADDENDUM NO.3 INVITATION TO BID(ITB)No. 2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES JOC Overview: The JOC Process 1 2 3 4 5 Joint Scope Request for Proposal Proposal Issue Job Meeting Proposal Development Review Order GORDIAN' The Contract Documents �~ _ • Invitation to Bid • The Construction Task Catalog S.Qo, • The Technical Specifications GORDIAN 12 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES The Contract Documents Invitation to Bid • ITB Summary 9 _.,. ..• ...�V.....-...a.r•w. • 0100: Instructions to Bidders • 0200: Minimum Qualifications • 0300: Bid Submittal Format _._.o __.._..,.,. • 0400: Terms and Conditions (Under Separate Cover) 14.0•T 4...14••••••••41 • Appendix A: Contractor Pre-Qualification Form • Appendix B: Bid Tender Form • Appendix C: General Conditions for Job Order Contracts • Appendix D: Contract • Appendix E: JOC Instructions to Bidders • Appendix F: JOC Supplemental Conditions GORDIAN' The Contract Documents The Construction Task Catalog® • • Catalog of Pre-Priced Construction Tasks ,osOrder Contract Consvutpon Task Cataiog• • Organized by Construction Specifications Institute (CSI) • Based on Local Labor, Material & Equipment Costs • The tasks represent the "Scope of Work" for the contract A ti GOiRDIAN' 1 i ADDENDUM NO.3 INVITATION TO BID(IT3)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES The Contract Documents The Construction Task Catalogue 00•_u4- —„....,.__ti...ti • Contractor must review and understand "Using the Construction Task Catalog"" • Rules of the game —••-- • ...._.-e.,—� • Make sure you get paid for all appropriate tasks --- -------- - • Pages 00— 1 to 00-6 of the CTC erg ~� --------- • Gc3RDIAN' The Contract Documents: Construction Task Catalog® Exterior Improvements 32 Bases,Ballasts.And• • 32 10 eNi v«,.f TWA WAG/Or310.IIKW Cal tfl,J+-.•n i .M4 Coat IIWT=Kt Ref FW description of task Price includes labor. Demolition•equipment pnce for your bcation 32 16 Curbs,Gutters Sidewalks.And Driveways,.. 32 16 13 Curbs And Gu ers..» vs,ma Dewar.,anon..ai..SI peal,AO cr albs rill APAn 1.111, C—i- 1naA 241.4IS..[.01010.1 situ”4410210 W' Section• 32 16 13 13 Cast4n-Pte Conerete Curbs And Gutters,.... task notes ace z,0!a.. • .fat•AAA.crawl Ares taleaarrt ellrso,. 32 16 1313.0001 Ccncr- Club,Cast In Place>...,,. 1111!:.. 0144,eattaeaele,Ism Max tfMSt.lsl be0441f L mew.owe 11.11 t 51, V 43134174Q2 tf lx,S AAAA awve4 Can 123 Term To x,v ew For-mMOO AMI Modifiers for 227 No MO � vanationsorquantity :10 400 1y,r000 circ discounts .r10 II K4:1731DOS if 6'z1?fite Poe ta444 Oft Rader fowl&Ta 20.4A 140 1444 W 14%.W44 2444 140+10 nr AM 101 141,1130 114 1.001 04141. -10r ro am Cote .1 n GOR©IAN* 1d ' ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB 1 JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES The Contract Documents: Construction Task Catalog° Understanding the Construction Task Catalogv: Include All Appropriate Tasks in Sample Projects 32 16 23 04-11ti;L 4•Cast In pace Concrete Sidewalk SF (5 0 400 52.024.00 For Qsait D.s 100 to 500.Add SF 52 400 1816.00 32 11 16 00-0015 4"Conned Aggregate Base SF $0.63 400 5252.00 For Ouanlit es Unger 1000 SF 50.18 400 572.00 01 71 13 00-3003 Mobi a Backhoe EA 5402.63 1 S-102.63 31 23 16 36-0CC6 Excavation by Badchoe CY 53.75 11 $41.25 For Quantrttts Under 20 CY,.4dr. CY 13 75 $41.25 31 23 16 36-.'2S Loadira Excess Materias CY 53.42 1,75 547.03 For Quantities Under 20 CY,Add CY 53.42 13 75 447.03 01 74 19 00-7029 Hauling to Gump Site CYM $0.51 2 5105.57 01 74 19 00-0021 Lardldi Gump Fee CY 515.14 13.. 5208.18 54,056.93 /400 (` �S10.14- Compare these prices •Sample only Gc3RDIAN` The Contract Documents: Construction Task Catalog° Understanding the General Rules of the Construction Task Catalog*: 111•13o,,r • Unit Prices are for Complete and In-Place Construction =1.11111111.1111.11- .----. • Unit Prices Include Labor, Material and Equipment. Do Not Add Labor --- to "-"to Repointing Task. MOMS 010.1.1 • Unit Prices Include the Cost of Delivery to Project Site, Unloading, �'�-^� .•=�:_._ Storage and Handling. Delivery Height is up to 2 /2 Stories cz=zonomm • Unit Prices Include Testing,Calibration, Balancing Etc. for New Work IPCS`== LL --r • Unit Prices Include all Fasteners, Bolts, Anchors,Adhesives Etc. For lawn MN= Z. 111111 Coma New Work - - • Unit Prices for Tasks Such as Windows, Doors, Frames, Countertops • -- --- Etc. Include Sealant and Caulk ----=- GORDIAN' 15 ! ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB.ORDER CONTRACTING SERVICES—VARIOUS TRADES The Contract Documents: Construction Task Catalog® Understanding the General Rules of the Construction Task •MOWN 4_tiw..rti•r• Catalogs: • Demo Price Includes Loading into Truck or Dumpster. — • If Item Demolished as Part of Different Task, It will Not be Paid for Separately • Contractor Paid for Installed Quantities Only.Waste is Included in ▪- — = Unit Price • Assembly Prices take Precedence over Component Pricing ,.,ri===mmi • 14'Working Height for All Work Except Masonry = _ • 4'Working Height for Masonry ==-----= • Dumpsters are a Separate Task GORDIAN' The Contract Documents: Construction Task Catalog® Understanding the General Rules of the Construction Task Catalogs: Contractors Never Get Paid Separately For the Following ® �•"" • Moving and Returning Furniture Occupying Less than 55%of Floor — �. Area. For Example, Moving Classroom Furniture to Paint '— _ _--- — • Labor for Protecting Work in Place. For Example, a Laborer to Stay _—_--- After a Concrete Pour ®• - • Minor Barricades and Signage fa▪ r -- _^- . • Portable Toilet, Field Office, Field Office Equipment for Contractor's ® ' • Use __ _ :__._ • • Layout,Site Engineering for the Work Itself = _;—� •r _, -.- GORDIAN' 16 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES The Contract Documents: Non Pre-Priced Tasks • Contractor must have permission from the City to use a Non Pre-priced Task prior to submission • Three(3)Quotes on vendors'or subcontractors'letterhead • Justification for less than three(3)Quotes • Contractor is paid the amount in the following formula: 313 3 The final pace submitted for Non Pre-priced Tasks shall be according to the following formula: A= Hourly Labor Rate (for Trades not in the Construction Task Catalog')x the Quantity required B= Direct Material Costs(supported by three quotes) C= Direct Equipment Costs(for Equipment not in the Construction Task Catalog')x the Quantity required 0= Subcontractor Costs(supported by three quotes) E= Allowable Overhead and Profit=(A+8*C)x 15% F= Subcontractor Allowance=D x 10% Total Cost of Non Pre-Priced Task=A+8+C*D+E*F GORDIAN' The Contract Documents The Technical Specifications • Specifies Quality of Materials and Job Order Technical ions Workmanship ....... _..... ..... • Corresponds with Tasks in the Construction Task Catalog® ....40 1 40004 7 II I 4 G®ROIAN GOORDIAN' 17 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES Contract Specifics PRIME CONTRACT OPPORTUNITIES INCLUDE: • General Construction • Horizontal Right-of-Way • Electrical Construction • Roofing • Landscaping GORDIAN' Contract Specifics Prior to Bidding, the City Cannot: • Identify or Commit to any Specific Project or Location • Identify or Commit to any Specific CTC Tasks or Quantities Contract Specifics Include: • Base Term of Two (2)Years • Three (3)Option Terms of One (1) Year each • Estimated Annual Value for the City's 10C Program is$15,000,000 • City Anticipates Multiple Contracts for each Contract Type • Local Workforce Participation Goal = 30% • Self-Performance Requirements Vary per Contract Type GORDIAN` 18 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES 1 Contract Specifics • Self-Performance Requirements • General Construction=10% • Horizontal Right-of-Way=30% • Electrical Construction=30% • Roofing=51% • Landscaping=51% • Differing Site Conditions or Changes in Scope • Priced from Construction Task Catalog• • Supplemental Job Order • No Negotiated Change Orders • Filings and Permits • Fees paid for all Permits reimbursed 100% • Liquidated Damages • On a Job Order-by-Job Order basis • Sliding Scale Based on Job Order Value Gc3RDIAN` Contract Specifics • Award Based on Competitive Bid • Must Bid Two (2) Adjustment Factors: • Normal Working Hours:Monday through Friday,7:00 am to 4:00 pm except holidays • Other than Normal Working Hours: Monday through Friday,4:01 pm to 6:59 am,and all day Saturday,Sunday,and holidays. • Adjustment Factors Apply to All Tasks in the CTC • Each Adjustment Factor is Weighted to Create a Total Base Bid • Normal Working Hours=80% • Other than Normal Working Hours=20" • The Other than Normal Working Hours Adjustment Factor must be Equal to or Greater than the Normal Working Hours Adjustment Factor • Lowest Total Base Bid from a Responsive, Responsible Bidder is Determined to be the Lowest Price GORDIAN' 19ADDENDUM NO.3 rJ INVITATION TO BID(ITB)No.2019-257-KB OB ORDER CONTRACTING SERVICES—VARIOUS TRADES Contract Specifics Internet Based Software Provided with Contract • Gordian Cloud Software -- imamilimm Expedites the Job Order Process ._._ ••-- -- ___., • Price Proposals - , i M Subcontractor Lists I. = • ...' • Tracking Dates I ---. --- _-i ___. • Required Job Order Forms r • Training provided GcvRDIAN' Contract Specifics ________ JOC SYSTEM LICENSE FEE • Access to Gordian Cloud,Construction Task Catalog,other proprietary materials • Most advanced technology and data in the marketplace. • Paperless • Efficient - Tasks and prices input directly...no fishing through old files and estimating books for costs • JOC process training • Gordian Cloud software training • Unlimited software support. • Included in the Contractor's Adjustment Factors • Consider with the Bid as an Overhead cost • License Fee Equal to 1%of the Job Order Price G*RDIAN' 2ADDENDUM NO.3 43 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Calculating the Adjustment Factors: Method to Calculate • Use Historical Project Data • Select a Completed Project • You Know Scope and Direct Costs • Price Project From CTC • Add on Overhead and Profit • Calculate the Adjustment Factor GORDIAN' Calculating the Adjustment Factors: Sample Project: Detailed Scope of Work • Interior Renovation • Doors and Hardware • Replace 12 interior doors,hinges and hardware • Doors shall be 3x7,solid core wood doors • Grade 2 locksets with knobs • Replace 2 push bar exist devices and door losers on exit doors • Interior lighting • Replace all lay-in troffer fixtures on first and second floors.48 in total • Replace 4 exit fixtures • Replace 12 industrial fixtures in shop area • Plumbing Fixtures • Replace 8 bathroom sinks,8 faucets,and 8 toilets in men's and women's bathroom in admin building and shop area • Replace 4 water fountains • Replace Boiler • Demo existing boiler and as much piping and venting to accommodate new boiler.Install a new 1028 mbh oil fired cast iron boiler.No access for packaged boiler.Must field assemble sections. Provide new piping as required. • Normal Working Hours Apply G€uRDIAN' 21 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES Calculating the Adjustment Factors: Sample Project: Price Proposal Contractor's Price?lopos.H Swamary-Cateyor,. _ _. tispot•srf ._:rW.F.:r,..xa__.1 _ ___ �••• p1•ppa.e va,1SFA..-+._ --'. — _ �_ Proposal Vane: :za aamxz•e->:ua Opas ant a,On,.e: LOOM. 511119.8 -- .• - norm.F t11.3%tl i put dJr p.o1•s•+1 ie•r 206,114 12 _. GfiRDJAN° Calculating the Adjustment Factors: Sample Price: CTC vs. Quote Direct Cost of Work from Direct Cost of Work from CTC Quotes or Estimates • Replace Boiler $33,055.73 • Replace Boiler $34,500.00 • Doors/Hardware $ 8,282.09 • Doors/Hardware $ 7,250.00 • Lighting $13,119.77 • Lighting $12,750.00 • Plumbing $ 11,886.53 • Plumbing $ 10,500.00 TOTAL = $66,344.12 TOTAL = $65,000.00 GORDIAN' 22 ADDDUM INVITATIONENTONO.B3ID(ITB)No. 2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Calculating the Adjustment Factors: Sample Price: Putting it all together • A. Direct Cost of Work from Quotes $65,000.00 • B. Overhead 10%* $ 6,500.00 • C. Subtotal(Cost&0/H) $71,500.00 • D. Profit 10%* $ 7,150.00 • E. Subtotal(Cost&0/H &Profit) $78,650.00 • F. Price From CTC $66,344.12 • Adjustment Factor(=E/F) = 1.1855 *Sample Only.Contractor to determine 0/H&Profit. Prepare this calculation for more than one sample project. G iRDIAN' Completing the Bid Tender Form B1 : Adjustment Factor Name Bid Adjustment Factor X Multiplier =Division Total t Adjustment Factor for Normal Working 1 1 8 5 5 X 0.80 = 0. 9 4 8 4 • Hours — — —— Adjustment Factor fcr Other Than 1 2 2 0 5 X0.20 = 0 2 4 4 1 Ncrmal'A'crkirg Hcurs — — —— — 3. Add all the Total amounts in the right column. The sum cf these Total amounts is the Total Base Bid = 1 . 1 9 2 5 *SAMPLE ONLY GORDIAN' 23 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES–VARIOUS TRADES Considerations • Annual Price Adjustment • Applied annually on the Anniversary of the Contract Award Date • Based on CCI (average of 20 US cities) published by Engineering News Record • Calculation (Based on ITB month) Average CCI for Current Year = The%Increase or Decrease in Average CCI for Base Year Construction Costs • Percentage x Original Adjustment Factors=New Adjustment Factors For Next Year • Normal Working Hours • Other Than Normal Working Hours GORDIAN' Considerations ______ • Contractors Should Expect To • Prepare Incidental Drawings or Sketches for Some Projects • Justify Quantity Calculations • Explain Detail of Work • Prepare Proposals for Some Projects That Might be Canceled • Margins on CTC Tasks Vary • Some Projects are More Profitable than Others • Maintain a Fully Functioning Local Office • Hold Required Licenses • Rebate 1% of each Job Order as a Contractor License Fee GORDIAN` 24 ADDENDUM NO.3 ... TINVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Considerations Importance of Contractor's Adjustment Factors • Determines Lowest Proposed Price, an Evaluation Component for Contract Award • Used to Price Individual Job Orders • Price Proposal Total Becomes the Lump Sum Job Order Price Unit Price x Quantity x Adjustment Factor = Total for Task Unit Price x Quantity x Adjustment Factor = Total for Task Unit Price x Quantity x Adjustment Factor = Total for Task Total Job Order Price Gf'RDIAN Considerations Risks of Low Adjustment Factors • Leads to Arguments in Proposal Review • Unsupportable Tasks • Exaggerated Quantities • Leads to Delays in Job Order Development • Takes Longer to Review Proposals • Creates an Adversarial Relationship • Reduced Volume of Work • Will Shorten Contract • Lost Profitability • No Second Chance to Improve your Margin GeR D IAN` 25 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES Review of Key Points • Focus on Total Potential Value of Contract • Potential Five(5)Year Contract • Evaluate Construction Task Catalog. • Analyze Unit Prices • Know the General Guidelines for Using the CTC • Contractor Performance Drives Volume • Ability to Market Program and Services • Responsive Service • Accurate Proposals • Safe and Clean Project Sites • High Quality Construction • On-Time Completion&Close Out • Meet or Exceed the Local Workforce Participation Goals GORDIAN` Bid Submission Subnot er Requirements .`Ilmnt er Loon Bids sdi be reared awi OH re Morn Reath Ruminant Oeoalnamd. I7F5 Mennen Amour!a'F an tAmn Eew_h,Fiords J31c9. Subrnttal Format& Bids are lobe strutted m seared package:eery,=dam ad in:rneoon,ani organize!1 a:cordree w.'h Declarermorn &rebcnMIX,aardi% TAB A: COMM QUALIFICATION KRMlAPPEN:LC.4) SutaM gas Ctmtrar.',rra:allindion Fmm(ApdwnAt A)rmFMtod and fully mendeC 1Ad b' AMdrit1Md to lel,F coic)VS Aro,sr+etI AlIHF(AlIH-NIV14 Sated a dente as screoficaty mamma,n ba TO Samar'.t conga vaiN each mnun rn nr.ireincngs)of ale ITB.E dcvn dot do not:anply.ata whom toCiy mance rely canpemen st.di be deemed w-rnerxrlaon mJ Un Lid'mil tart be wondered. TAD C BC TENGER FORM U CZ 32ND Ire tbnnrg*marmots Moll be ertm?ed waft the ry tt e Marine is rutantent el Fain I Eel-ender Icon The ad Tarda=cTr li aperie 6.Form i'I FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXE:UTED.I)BID TENGER FORM'EITHER INCLUDED IN THE ORIGINAL RB OR RELEASED VIA AN ADDENDUM) SHALL RESULT IN Bt0 BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. TAR C FID=CRUIS Sam t any ofr.:,r One rag:esied en Ice FM Sammy redud ng b_t not Timed m I A:knr::Awb mob or Addenda.A3prrdra R Fan OA 2 L xn Vcricf_eta Renporstie:entactcr Webs(PM A G3RDIAN' 26 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Bid Submission SECTION 0300—BID SUBMITTAL FORMAT 1. Number Of Copies. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, two (2) bound copy and one (1) electronic format (CD or USB format)are to be submitted.The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, and Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. GcvRDIAN' Bid Submission • Make Sure you Signed the Attendance Sheet • All questions concerning this solicitation must be received no later than: • Tuesday, June 4, 2019, 5:00 PM, Local Time • Submit questions to: • Name: Kristy Bada, Contracting Officer Ill • Telephone: 305-673-7000 Ext. 6218 • Email: Krista.Bada@miamibeachfl.gov • Bids Due: • Friday, June 14, 2019, 3:00 PM, Local Time G*R D IAN` 27 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB IJOB ORDER CONTRACTING SERVICES-VARIOUS TRADES MIAMIBEACH City of Miami Beach, I/.55 Meridian Avenue, ;i'°Floor, Miami Beach, Florida 33139,www.miamibeachFl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 ITB 2019-257-KB JOB ORDER CONTRACTING SERVICES —VARIOUS TRADES May 21, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. CLARIFICATION. The Invitation to Bid Summary, Procurement Contact has been revised as follows: Procurement Contact: Telephone: Email: Kristy Bada, 305-673-7000, Krista.Bada@miamibcachfl.gov Contracting Officer III, ext. 26218 KristvBada(a�miamibeachfl.gov CPPB A forthcoming addendum will contain responses to questions received. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoa,miamibeachfl.gov. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. erely,k j ATYL- lex D nis Procu ment Director I ADDENDUM NO.2 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3" Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 ITB 2019-257-KB JOB ORDER CONTRACTING SERVICES — VARIOUS TRADES May 15, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ATTACHMENT(S). Exhibit A: Construction Task Catalog Exhibit B: Technical Specifications A forthcomin• addendum will contain res•onses to •uestions received. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.qov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000, ext. 6218 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, Alex Denis Procurement Director 1 ADDENDUM NO. 1 INVITATION TO BID(ITB)No. 2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES MIAMIBEACH INVITATION TO BID (ITB) Project Title: JOB ORDER CONTRACTING SERVICES -VARIOUS TRADES ITB No. 2019-257-KB BID ISSUANCE DATE: TUESDAY, MAY 14, 2019 BID OPENING: FRIDAY, JUNE 14, 2019 AT 3:00PM ISSUED BY: KRISTY BADA, CONTRACTING OFFICER III 1 ( 2019-257-KB MIAMI BEACH ITB SUMMARY The purpose of this ITB Summary is to summarize the major terms, conditions and requirements of the ITB. . Bidders shall note that various paragraphs within these bid documents have a box ( ❑ )which may be checked ( ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents.lt is the Bidder's responsibility to become familiar with all terms, conditions and requirements of the ITB, whether or not included in the ITB Summary. Further, it is the Bidder's responsibility to make note of and account for any revisions to any portion of the ITB Summary that may result from an addendum to the ITB. ITB Information&General Requirements ITB No.: 2019-257-KB ITB Title: JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Date of Issuance: Tuesday, May 14, 2019 Project Description & Furnish all, labor, materials, equipment and supplies in order to provide Job Order Scope of Work: Contracting services to the City of Miami Beach, FL. Prime Contract Opportunities Include: -General Construction -Horizontal Right-of-Way -Electrical Construction -Roofing -Landscaping The work of each awarded Contract will be set forth in the Detailed Scopes of Work referenced in the individual Job Orders. The Contractor is required to complete each Detailed Scope of Work for the Job Order Price within the Job Order Completion Time. The proposed Adjustment Factors are to include the furnishing of all labor, materials, equipment including tools, shoring, services, permit fees, applicable taxes, overhead and profit for the completion of the Detailed Scope of Work except as may be otherwise expressly provided in the Contract Documents. If submitting a Bid for more than one trade, Bidders shall submit a separate bid package for each trade being bid. Project Location: Various City-wide. Estimated Budget: N/A Procurement Contact: Name: Kristy Bada, Contracting Officer III Telephone: 305-673-7000 Ext. 6218 Email: Krista.Bada@miamibeachfl.gov Cone of Silence: Bidders are hereby advised that, pursuant to Section 2-486 of the City Code, this solicitation is under the Cone of Silence law. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado a(�.miamibeachfl.gov. Important Dates 2 I 2019-257-KB MIAMI BEACH Due Date&Time for Bid The deadline for submittal of bids is 3:00 p.m.,on Friday,June 14,2019. Submittal: Bidders are cautioned that late bids will not be accepted. Bidders are fully responsible for Due date may be modified by assuring that bids are received by the deadline and shall consider all factors, including but addendum to the ITB. It is important that bidder download all not limited to,weather,traffic and third-party carrier delays. addenda. Pre-Bid Conference: Date: Tuesday, May 28, 2019 Time: 10:00 AM Local Time • Pre-Bid Conference will Location: 1st Floor Community Conference Room be held. 1700 Convention Center Drive Miami Beach, FL 33139 ❑ Pre-Bid Conference is Mandatory. Dial-in Instructions: • Dial the Telephone Number: 1-888-270-9936 ❑ A Pre-Bid Conference • Enter the Meeting Number:9415468 and then press the pound (#) key will not be held. Site Visit: Date: N/A Time: N/A ❑ Site Visit will be held. Location: N/A ❑ Site Visit is Mandatory. ® Site Visit will not be held. Last Day for Receipt of Questions will be allowed through Tuesday, June 4, 2019 by 5:00 PM Local Time. Questions: Project Specific Information &Requirements Minimum Requirements: Bids from bidders that do not meet the following Minimum Requirements shall be deemed non-responsive and shall not be considered. • Shall apply. 1. Licensing Requirements. Bidder shall have all applicable licenses for the trade ❑ Shall not apply. being bid. Submittal Requirement:Submit a copy of the appropriate licenses with the Bid. Bid Bond Requirements: If the requirement applies, Bidder shall submit, WITH ITS BID, an original bid bond, certified check, or cashier's check, in the amount of 5% of the bid amount, payable to City of Miami ❑ Shall apply. Beach, Florida. ® Shall not apply. Failure to include the bid bond WITH THE BID shall result in the bid being deemed non-responsive and not being considered. Davis-Bacon Wage Rates: If required for a federally funded Job Order, Bidder agrees it, and its sub-contractors, shall pay laborers and mechanics employed under the contract no less than the prevailing wage • Shall apply. rate and fringe benefit payments to be used in implementation of this article shall be those last published by the United States Department of Labor in the Federal Register prior to the 3 I 2019-257-KB MIAMIBEACH ❑ Shall not apply. date of issuance of the ITB. Insurance: If the requirement applies, Bidder agrees it shall fully comply with the requirements of Appendix A-2, Article 9 in maintaining the following insurance requirements: ® Shall apply. 1.Workers' Compensation and Employer's Liability per the Statutory limits of the state of ❑ Shall not apply. Florida. 2.Comprehensive General Liability (occurrence form) with limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. 3.Automobile Liability with limits of$1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4.Builders Risk for the full value of structure, materials, fixtures and equipment. Contract Price: As indicated, contract pricing shall be based on lump sum or unit pricing in accordance with Section 0400, Terms and Conditions of the Contract. ® Lump sum pricing shall apply. The Job Order Price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work. ❑ Unit pricing shall apply. Contract Completion Time& Days for Substantial Completion:To be identified with each Job Order Schedule: Days for Final Completion: To be identified with each Job Order Project Scheduling Software to Be Identified with Each Job Order. Types may include any of the following: ❑ Bar Chart ❑ Computerized CPM using Primavera "P6"software ❑ Modified CPM ❑ Microsoft Project Liquidated Damages: 1. Liquidated damages will be applied on a Job Order-by-Job Order basis in accordance with the schedule for liquidated damages set for in the General Conditions, Article 6.7. ® Shall apply. ❑ Shall not apply. Local Workforce If the requirement applies, the Bidder agrees it, and its sub-contractors, shall make its best Participation: reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent(30%) of all construction labor ® Shall apply. hours performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. ❑ Shall not apply. Minimum%of Self-Work Minimum % of the Work Contractor self-perform with its own forces: Requirement: -General Construction = 10% ® Shall apply. -Horizontal Right-of-Way=30% - Electrical Construction =30% ❑ Shall not apply. - Roofing =51% 4 I 2019-257-KB MIAMI BEACH -Landscaping =51% Performance&Payment If required for a Job Order, the Contractor shall deliver a Payment and Performance Bond Bond Requirements: in the amount of such Job Order. The bonds must be in a form, and executed by a surety, acceptable to the City. The bond must be received before the Notice to Proceed will be ® Shall apply. issued. The Contractor shall be compensated for the cost of the bonds up to 2% of the Job Order Price through the reimbursable work task in the Construction Task Catalog®. ❑ Shall not apply. Prevailing Wage Rates: If the requirement applies, Bidder agrees it, and its sub-contractors, shall pay laborers and mechanics employed under the contract no less than the prevailing wage rate and fringe ® Shall apply. benefit payments to be used in implementation of this article shall be those last published by the United States Department of Labor in the Federal Register prior to the date of ❑ Shall not apply. issuance of the ITB. Required Licenses/Permits: Contractors performing the work shall be licensed to perform the work. As required for a Job Order, the Contractor may be required to obtain a permit. The cost of the permit will be ® Shall apply. treated as a reimbursable task in the Job Order Price Proposal. ❑ Shall not apply. Trench Safety Act If required for a Job Order, the Bidder must comply with the Trench Safety Act requirements Requirements during the execution of the work. • Shall apply. ❑ Shall not apply. Consultant: N/A Departmental Contract N/A—Various Departments will be using the Job Order Contracts. Manager: Submittal Requirements Submittal Location: Bids will be received at: City of Miami Beach Procurement Department, 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139. Submittal Format& Bids are to be submitted in sealed package clearly, contain all information, and organized in Requirements: accordance with Section 0300, including: TAB A: CONTRACTOR QUALIFICATION FORM (APPENDIX A) Submit the Contractor Qualification Form (Appendix A) completed and fully executed. TAB B: MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS Submit evidence, as specifically requested in the ITB Summary, of compliance with each minimum requirement(s) of this ITB. Bidders that do not comply, or for whom the City cannot verify compliance, shall be deemed non-responsive and its bid 5 12019-257-KB MIAMIBEACH shall not be considered. TAB C: BID TENDER FORM & BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Tender Form. The Bid Tender Form (Appendix B, Form B1). FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID TENDER FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. TAB C: BID FORMS Submit any other form requested on the ITB Summary, including but not limited to: 1. Acknowledgment of Addenda,Appendix B, Form B3. 2. Local Workforce Responsible Contractor Affidavit, Part A 6 I 2019-257-KB MAdV f B EAC H TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 INSTRUCTIONS TO BIDDERS 8 0200 MINIMUM QUALIFICATIONS 11 0300 BID SUBMITTAL FORMAT 11 0400 TERMS & CONDITIONS (Under separate cover.) 12 APPENDICES: PAGE APPENDIX A CONTRACTOR PRE-QUALIFICATION FORM 13 APPENDIX B BID TENDER FORM 22 APPENDIX C GENERAL CONDITIONS FOR JOB ORDER CONTRACTS 26 APPENDIX D CONTRACT 80 APPENDIX E JOC INSTRUCTIONS TO BIDDERS 84 APPENDIX F JOC SUPPLEMENTAL CONDITIONS 87 7 I 2019-257-KB MIAMI BEACH SECTION 0100—INSTRUCTIONS TO BIDDERS: 1. General. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. Background and Scope of Work. The Project is described more fully in the Invitation to Bid Summary (and/or the exhibits referenced therein). 3. Abbreviations and Symbols. The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site. It is the responsibility of each Bidder before submitting a Bid, to: a. Examine the Contract Documents thoroughly. b. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. c. Study and carefully correlate Bidder's observations with the Contract Documents. d. Carefully review the Contract Documents and notify City of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. 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. 5. Location of Work. The Detailed Scope of Work shall be completed at the Project Site/Location of the Work specified in the Job Order (the "Project Site"). 6. Pre-Bid Interpretations. Only those questions answered by the City's Procurement Department, via written addendum to this ITB, shall be binding as to this ITB. City's answers to 8 12019-257-KB MIAM!BEACH questions may supersede terms noted in this ITB, and in such event, such answers shall govern and control this ITB. Verbal and other interpretations or clarifications of City representatives or employees 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 later than Tuesday, June 4, 2019 by 5:00 PM local time. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received after this time. 7. Printed Form of Bid. All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with Section 0300 and must be received on or before the deadline for the submittal of bids. Late bids will not be accepted and will not be considered. It is the Bidder's responsibility to account for weather, traffic, courier or any other possible delay. 8. Bid Bond. If the Invitation to Bid Summary specifies that a bid bond is required, Bidder shall submit, WITH ITS BID, either an original bid bond, in a form acceptable to the City, executed by a surety company meeting the qualifications specified herein, in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. In the alternative, Bidder may submit a certified check or cashier's check issued by any national or state bank (United States). A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid guaranties of the unsuccessful Bidders will be returned after award to the successful bidder. 9. Prevailing Wage Rates & Local Workforce Participation. See ITB Bid Summary to determine if prevailing wages and local workforce participation are a requirement of this ITB. If required, Chapter 31, Articles II and III, of the Code of City of Miami Beach requires that the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. Additionally, the contractor will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. 10. Method of Award. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, 9 I 2019-257-KB MIAMIBEACH as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. 11. Price (Adjustment Factors): The Adjustment Factors are to include the furnishing of all labor, materials, equipment including tools, shoring, services, permit fees, applicable taxes, overhead and profit for the completion of the Detailed Scope of Work except as may be otherwise expressly provided in the Contract Documents. 12. Florida Trench Safety Act. If the work involves trench excavations that will exceed a depth of 5 feet, the requirements of Florida Statutes, Chapter 553, Part III, Trench Safety Act, will be in effect. The Bidder, by virtue of submitting a bid, certifies that such Act will be complied with during the execution of the work. Bidder acknowledges that included in the Job Order Price are all costs for complying with the Florida Trench Safety Act. 13. Financial Capacity. Within three (3) business days of request by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 14. Omitted or Additional Information. With exception of the Bid Tender Form and the Bid Bond, if applicable, the City reserves the right to seek any omitted information/documentation or any additional information from bidder or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, 10 I 2019-257-KB MIAMI BEACH financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. SECTION 0200—MINIMUM QUALIFICATIONS AND REQUIREMENTS The Minimum Eligibility Requirements for this solicitation are listed in the ITB Bid Summary. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. SECTION 0300—BID SUBMITTAL FORMAT 1. Number Of Copies. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, two (2) bound copy and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, and Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. The City reserves the right to request any documentation omitted, with exception of the signed Bid Price Form and Bid Bond (if applicable), which must be submitted at time of bid. Bid Submittals received with no Bid Price Form or Bid Bond (if applicable), or with an unsigned Bid Price Form, shall be deemed non-responsive. Bidder must submit any other omitted documentation within two (2) business days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. 2. Bid Submission Format: Bid packages must contain the following information and documents, each fully completed, signed, in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures or notarizations on each document, may be deemed non- responsive. TAB A: Contractor Qualification Form (Appendix A) Submit the Contractor Qualification Form (Appendix A) completed and fully executed. TAB B: Minimum Qualifications And Submittal Requirements Submit evidence, as specifically requested in the ITB Summary, of compliance with each minimum requirement(s) of this ITB. Bidders that do not comply, or for whom the City cannot verify compliance, shall be deemed non-responsive and its bid shall not be considered. TAB C: Bid Tender Form & Bid Bond The following documents shall be submitted with the by the deadline for submittal of bids: • Bid Tender Form. • Bid Bond. BIDDERS ARE CAUTIONED THAT FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID TENDER FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) AND 11 I 2019-257-KB MIAMIBEACH 2) BID BOND (IF REQUIRED) SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. TAB C: Bid Forms Submit any other form requested on the ITB Summary, including but not limited to: • Acknowledgment of Addenda. Appendix B, Form B2. • Local Workforce Responsible Contractor Affidavit, Part A 3. BID SUBMITTAL DEADLINE: Bids, and all required information, must be received on or before the deadline established in the ITB Summary Sheet. Late bids will not be accepted and will not be considered. Bidders are solely responsible for assuring that bids are received prior to the submittal deadline and are cautioned to consider factors such as traffic and weather. 0400—TERMS AND CONDITIONS The following documents identify terms and conditions that together with the ITB, inclusive of all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation and the contract, and are complementary to one another and together establish the complete terms, conditions and obligations of the bidder and, subsequently, the awarded contractor. 1. SOLICITATION TERMS & CONDITIONS. By virtue of submitting a bid in response to this ITB, bidder agrees to be bound by and in compliance with the Solicitation Terms and Conditions (dated 03/15/2019), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 2. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting a bid in response to this ITB, bidder agrees that all work shall be bound by and in compliance with the Terms and Conditions for Construction Contracts (dated 04/16/2019), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 12 12019-257-KB MIAMI BEACH APPENDIX A MIAMIBEACH Contractor Qualification Form FOR CONSTRUCTION PROJECTS MUST BE SUBMITTED WITH THE 81D 13 I 2019-257-KB MIAMI BEACH Contractor Qualification Form Instructions Section 1, Required Form. The Contractor Qualification Form is a required form that must be submitted, completed and executed, with the bid or within 3 days of request by the City. No bid will be considered without the Contractor Form. Bidder's failure to submit this form as stipulated herein shall render its bid non- responsive. Section 2, Submittal Instructions. The Contractor Qualification Form will not be considered until it has been submitted completed and executed by a principal of the applicant. Incomplete applications shall not be considered. If requested information is not applicable. please indicate "N/A" or "None." If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages. which must be attached to the application. All requested documents must also be attached to the application. Failure to attach all requested documents will delay review and approval of the application. The City reserves the right to request clarifications or additional information as deemed necessary to evaluate an applicant's qualifications. When darifications or additional information is requested by the City,Applicants will have seven (7) business days to provide, in full, all the requested information. Failure to provide the information within the prescribed time will delaythe review process and nr3yresult in denial of prequalification. Part A—General Bidder Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS NO.OF EMPLOYEES: LOCALLY: OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: APPLICANT FIRM IS: CORPORATION i PARTNERSHIP t _SOLE PROPRIETORSHIP t OTHER(If other,soecifv: 14 12019-257-KB MIAMIBEACH 15 I 2019-257-KB MIAMIBEACH Part B—Proposed Team. 1. Organizational Chart. Submit an organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent 2. Staffing Plan. Submit a staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Part C—Operational &Management Information. 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company, below. Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type 2. Provide three (3) residential renovation projects that the applicant has completed in the last five (5) years. Project Description of Work Project Reference Name: Email: Telephone: Name: Email: Telephone: Name: Email: Telephone: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? YES NO If yes, why? 16 I 2019-257-KB MIAMI BEACH 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? YES NO If yes,why? 5. Is the applicant company currently barred by a governmental agency, from bidding work as a prime or subcontractor? YES NO If yes,state debarment period and the reason(s)for debarment? 6. Has a surety completed, or paid for completion, of a project on behalf of the applicant company, within the last five(5)years? YES NO If yes, why? 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5)years? ' YES NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? YES NO If yes, state the name of the affiliate? 17 I 2019-257-KB MIAMIBEACH 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? YES NO If the answer is"yes,"identify the company and type of relationship(s), below: Company Type of affiliation(parent or subsidiary) Period of affiliation 10. Is an owner,director,officer, or agent of the applicant company affiliated with another company? YES I NO If the answer is "yes," provide the following information for each individual and the affiliated company. Individual's name Affiliated company's name Period of Type of affiliation(e.g. affiliation officer,director,owner or employee) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5)years? YES NO If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to):the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12. Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within thast five(5) ears? YES I NO If yes, explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case, a copy of the notice of commencement. 13. Has any owner, director, officer, or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? 18 I 2019-257-KB MIAMIBEACH • YES NO If yes, explain. 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or rivately owned? ' YES NO If yes, explain. 15. Are there currently any liens, suits, or judgments of record pending against any owner, director, officer,or agent for the companthat is related to construction activities of a business organization? YES NO If yes,explain. 16. Has the applicant company or any of its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? If yes,explain. 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? ' YES NO If yes, explain. 18. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent, an em loyee of the City of Miami Beach? YES [ NO 19 I 2019-257-KB MIAMI BEACH If yes, state name, title and share of ownership Name Title Share(%) of Ownership 19. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? YES NO If yes, provide details. 20. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code"). Does the applicant maintain a corporate code of business ethics? YES NO 21a. If yes, attach. If no, will the applicant accept the City's code of ethics (available at available at http://www.miamibeachfl.govicit -hall/procurement/procurement-related-ordinance-and-procedures)? I YES NO 21. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. Does the applicant agree to be comply with this prohibition? YES NO 22. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise (certified by the United States Department of Veterans Affairs). YES NO Certifying Agency Certification Type 23. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide ''Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located 20 I 2019-257-KB M,IAM BEACH in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave 24. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES NO If yes, explain. 25. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2- 375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 26. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual 21 I 2019-257-KB MIAMI BEACH with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the Contract, in addition to any damages that may be available at law and in equity. CONTRACTOR QUALIFICATION FORM AFFIDAVIT The undersigned agrees that s/he: 1) is a principal of the applicant duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership, management, or financial condition of the company. Further, any prequalification applicant, including its principal(s), director(s), and any affiliate, who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penalties prescribed by law. The undersigned affirms that the applicant agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices and the contents of any Addenda released hereto; 2) that it has not colluded, nor will collude, with any other applicant; 3) that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the proposal are true and accurate. Name: Title(must be a principal of the applicant): Signature: Date: 22 I 2019-257-KB APPENDIX B M I AM I BEACH Bid Tender Form Bl n.BE.SUB l ED ITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE_ :.. . Acknowledgement of Addenda B2 UST BE SUBMI it ED WITH THE BID.FAILURE TO DO SO WILL RENDER BID NON— RESPONSIVE. 23 I 2019-257-KB MIAMIBEACH Bid Tender Form (B1 ) Page 1 of 1 FAILURE TO SUBMIT THIS BID TENDER FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION. The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or Indicated in the contract documents. In the event of arithmetical errors, the Bidder agrees that the Adjustment Factors listed in the column titled"Bid Adjustment Factor"shall govern and be used to calculate the division totals and total base bid. In absence of either of the two (2)Adjustment Factors, the City shall interpret as no bid,which may disqualify bidder. In the table below,the Bidder shall set forth Adjustment Factors in legible figures in the respective space provided. The Contractor shall perform the Tasks required by each individual Job Order using the following Adjustment Factors: Adjustment Factor Name Bid Adjustment Factor , X Multiplier =Division Total Adjustment Factor for Normal Working1. X 0 80 = Hours — — — - - - - Adjustment Factor for Other Than 2' Normal Working Hours — — — — — X 0.20 = 3. Add all the Total amounts in the right column. The Sum of these Total amounts is the Total Base Bid. _ Notes To Bidder: 1. Specify lines 1 through 3 to four (4) decimal places. Use conventional rounding methodology (i.e., if the number in the 5th decimal place is 0-4, the number in the 4th decimal remains unchanged; if the number in the 5th decimal place is 5-9, the number in the 4th decimal is rounded upward). 2. The Other Than Normal Working Hours Adjustment Factors must be greater than or equal to the Normal Working Hours Adjustment Factors. 3. The weighted percentage multipliers above are for the purpose of calculating a Total Base Bid only. No assurances are made by the City that Work will be ordered under the Contract in a distribution consistent with the weighted percentages above. The Total Base Bid is only used for the purpose of determining the Bid. 4. When submitting Job Order Price Proposals related to specific Job Orders, the Bidder shall utilize one or more of the Adjustment Factors applicable to the Work being performed. 24 I 2019-257-KB Bidder's Affirmation The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees, if its Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida,for the performance of all requirements to which the Bid pertains. Bidder: Authorized Agent Name: Authorized Agent Title: Authorized Agent Signature: 25 12019-257-KB Acknowledgement of Addenda (B2) Page 1 of 1 r' 1 , Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Bidder: Initials: 26 I 2019-257-KB APPENDIX C t'. i‘ 6 i( . , - , a 'r 'd I1 1 4? z GENERAL CONDITIONS FOR JOB ORDER CONTRACTS 27 1201.9-257-KB MIAMI BEACH • GENERAL CONDITIONS FOR JOB ORDER CONTRACTS ARTICLE 1. DEFINITIONS AND INTERPRETATION OF CONTRACT OR JOB ORDER OR JOB ORDER DOCUMENTS. 1.1. Definitions. The definitions included in this Section are not exhaustive of all definitions used in the Contract or Job Order or Job Order Documents. Additional terms may be defined in -other Contract or Job Order or Job Order Documents. The following terms shall have the meanings specified herein,as follows: "Applicable Laws" means all laws, codes (including, but not limited to, building codes), ordinances, rules regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, Project Site,or the Parties. "Application for Payment" means the detailed itemized documentation, including all supporting documentation, in a form and substance satisfactory to the City, submitted by the Contractor on a monthly basis in order to obtain the City's approval for payment for Work performed pursuant to the Contract or Job Order or Job Order Documents. "Bid" means an offer or proposal submitted by a bidder in response to this ITB. The terms "Bid" and "Bid Submittal"are used interchangeably. "Bidder" means any individual or firm submitting a Bid for this Project. "Change Order" means a written document ordering a change in the Contract. "CIP Inspector/PWD Field Observer" means a City employee charged with observing and documenting, for internal City purposes only, general observations and conditions of the Project including, without limitation, the weather conditions, the number of workers present at the time of observation, general type of work being performed and taking photographs regarding same. Contractor expressly waives any right to assert as a defense to any claim regarding the Project including, without limitation, any dispute between the City and Contractor, and Contractor and any third party, the presence or purported approval or consent of any CIP Inspector or other City employee conducting any field observations during the Project. The Contractor expressly acknowledges that the purpose of such City employee is to observe and document for internal purposes only general observations and conditions of the Project, and in no way is intended to, nor shall be treated as, a person with authority to approve or reject the Work on behalf of the City or any other entity, or to direct the Contractor's Work in any way. Contractor expressly agrees to waive the presence of such CIP Inspector or other City employee performing field observations as a defense to any Claims involving the Project. "City" means the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139. In all respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body 28 12019-257-KB • including, but not limited to, its regulatory authority for code inspections and issuance, of Building Department permits, Public Works Department permits, or other applicable permits within its jurisdiction, 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. "City Commission" means the governing and legislative body of the City. "City Manager" means the Chief Administrative Officer of the City. The City Manager shall be construed to include the Contract or Job Order or Job Order Administrator and any duly authorized representatives of the City as the City Manager may designate in writing at any time with respect to any specific matter(s) concerning the Project and/or the Contract or Job Order Documents • (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project and/or the Contract or Job Order or Job Order Documents). "Claim" means a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the Contract or Job Order or Job Order Documents, payment of money, extension of time or other relief with respect to the Contract or Job Order Documents or Project. The term "Claim" also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract or Job Order or Job Order Documents. Claims must be initiated by written notice in strict accordance with the Contract or Job Order or Job Order Documents. The responsibility for substantiating Claims shall rest with the Party making the Claim. All Claims submitted by Contractor must comply with the requirements of the City's False Claims Ordinance, as set forth in Sections 70-300 et seq., of the City Code, or shall be forfeited in accordance with the terms of the False Claims Ordinance and conclusively waived and released. "Consultant" means the firm named in the Invitation to Bid Summary as the "Consultant,"that has entered into a separate agreement with the City to perform architectural, engineering, or other design and construction administration services for the Project, and who will serve as the"architect of record" and/or "engineer of record" for the Project. Wherever the word "Architect" or"Engineer" or "Consultant" appears in the Contract or Job Order or Job Order Documents, it shall be deemed to refer to the Consultant and/or the design professionals engaged by the Consultant. All communications, directives, instructions, interpretations and actions required of Consultant shall be issued or taken only by or through Consultant's authorized representative(s). • "Construction Superintendent" means the individual who is a representative of the Contractor, and who shall be responsible for continuous field supervision, coordination, and completion of the Work, and who shall maintain a full-time on-site, physical presence at the Project Site and satisfy the obligations of Construction Superintendent as provided in the Contract or Job Order or Job Order Documents. "Contract" means the written agreement between the City and the Contractor for the performance of the Work in accordance with the requirements of the Contract or Job Order or Job Order Documents, and for the payment of the agreed consideration. "Contract or Job Order or Job Order Administrator" means the City's Contract or Job Order or Job Order Administrator shall mean the individual appointed by the City Manager who shall be the 29 I 2019-257-KB City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The initial Contract or Job Order or Job Order Administrator for the Project is named in the Invitation to Bid Summary. "Contract or Job Order or Job Order Documents" means all of the documents setting forth bidding information, requirements and contractual obligations for the Project, including this ITB, Contractor's Bid in response thereto, the Contract, together with all addenda to any of the foregoing Change Orders, the Construction Task Catalog®, Technical Specifications, and all Job Orders and any related documentation including but not limited to the Detailed Scope of Work,Job Order Proposal, Field Orders, Supplemental Job Orders,schedules and shop drawings, and all other documents required by the ITB for the completion of the Project. "Contract Job Order Price" means the amount established in the Job Order Price Proposal as the total amount the City is obligated to pay for full and complete performance of all of the Work required by the Contract or Job Order Documents(including, but not limited to, all labor, equipment and materials to administer, coordinate, provide related certifications, install and otherwise construct and complete the Project within the Contract or Job Order Time), and as may be amended by Change Order. "Contract or Job Order Time" means the number of days allowed for completion of all Work, as stipulated in the Contract or Job Order or Job Order Documents, and as may be amended by Change Order. "Contractor" means the individual or firm whose Bid is accepted and who enters into the Contract or Job.Order or Job Order with the City to construct the Project pursuant to the Contract or Job Order Documents and who is liable for the acceptable performance of the Work and payment of all debts pertaining to the Work. "Days" means all references to numbers of days in the Contract or Job Order or Job Order Documents, shall be construed to mean calendar days, unless specifically noted otherwise. The term "business days" means a day other than a Saturday, Sunday, Federal holiday or any day on which the principal commercial banks located in Miami-Dade County, Florida are not open for business during normal hours. "Field Order" or "Field Directive" means a written order which further describes details or provides interpretations necessary to complete the Work of the Contract or Job Order Documents but which does not involve a change in the Contract Job Order Price or Contract or Job Order Time. "Final Completion" means the date upon which all conditions and requirements of the Contract or Job Order or Job Order Documents, permits and regulatory agencies have been satisfied; any documents required by the Contract or Job Order Documents have been received by the City; any other documents required to be provided have been received by City; and the Work has been fully completed in accordance with the Contract or Job Order or Job Order Documents. JOC Specific Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual,the intent and meaning shall be interpreted as follows: 30 12019-257-KB "Adjustment Factor" means a competitively bid adjustment to be applied to the Unit Prices listed in the Construction Task Catalog®. "Base Term" means the initial period of the Contract or Job Order or Job Order and does not include any Option Terms. "Construction Task Catalog®" means a comprehensive listing of construction related tasks together with a specific unit of measure and a published Unit Price. "Detailed Scope of Work" means a document setting forth the work the Contractor is obligated to complete for a particular Job Order. "Estimated Annual Value" means an estimate of the value of Job Orders the City may issue each year. "Job Order" means a written order issued by the City, such as a Purchase Order, requiring the Contractor to complete the Detailed Scope of Work within the Job Order Completion Time for the Job Order Price. A project may consist of one or more Job Orders. "Job Order Price Proposal" means a price proposal prepared by the Contractor that includes the Pre-priced Tasks, Non Pre-priced Tasks, quantities and appropriate Adjustment Factors required to complete the Detailed Scope of Work. • "Job Order Proposal" means a set of documents including at least: (a) Job Order Price Proposal; (b) required drawings or sketches; (c) list of anticipated Subcontractors; (d) Construction schedule; and (e) other requested documents. "Joint Scope Meeting" means a site meeting to discuss the work before the Detailed Scope of Work is finalized. • "Non Pre-priced Task" means a task that is not set forth in the Construction Task Catalog®. "Normal Working.Hours" means the hours contained in the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City holidays. "Notice to Proceed" means a written notice issued by the City directing the Contractor to proceed with construction activities to complete the Job.Order. "Option Term" means an additional period of time beyond the Contract or Job Order or Job Order Term which extends the termination date of the Contract. 31 I 2019-257-KB • "Other than Normal Working Hours" means the hours outside the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours of 4:01 p.m. to 6:59 a.m. Monday through Friday and all day Saturday, Sunday, and City Holidays. "Pre-priced Task" means a task described in, and for which a Unit Price is set forth in, the Construction Task Catalog®. "Project" means the collective improvements to be constructed by the Contractor pursuant to a Job Order, or a series of related Job Orders. "Request for Proposal" means a written request to the Contractor to prepare a Proposal for the Detailed Scope of Work referenced therein. "Supplemental Job Order" means a secondary Job Order developed after the initial Job Order has been issued for the purpose of changing, deleting, or adding work to the initial Detailed Scope of Work, or changing the Job Order Completion Time. Technical Specifications: The written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. "Total Base Bid" means the sum of the column titled "Extended Total" on the ITB Price Form,which is used for the purposes of determining the lowest price. "Unit Price" means the price published in the Construction Task Catalog® for a specific , construction or construction related work task. Unit Prices for new Pre-priced Tasks can be established during the course of the Contract or Job Order or Job Order and added to the Construction Task Catalogs®. Each Unit Price is comprised of labor, equipment, and material costs to accomplish that specific Pre-priced Task. "Notice(s) to Proceed" or "NTP" means a written letter or directive issued by the Contract or Job Order or Job Order Administrator to Contractor to commence and proceed with portions of the Work as specified therein or a specific task of the Project, and stating any further limitations on the extent to which Contractor may commence and proceed with the Work. Unless otherwise approved by the City at its sole discretion, City's issuance of a Notice to Proceed for construction or portions thereof shall be contingent upon Contractor obtaining all appropriate permits and satisfying all requirements of agencies having jurisdiction. However, the City is not obligated to immediately issue NTP on the date Contractor obtains all requisite permits and/or satisfies the specified conditions precedent for issuance of NTP. The date of issuance of NTP shall be determined at the City's sole discretion once Contractor has obtained all required permits and otherwise satisfied all conditions precedent to issuance of NTP. "Owner's Contingency" means that separate fund which is available for City's use at its sole discretion to defray additional expenses relative to the design and construction of the Project, as well as additional expenses expressly chargeable to the City or otherwise deemed the responsibility of the City pursuant to the Contract or Job Order or Job Order Documents. The City 32 I 2019-257-KB retains exclusive use and control of the Owner's Contingency. The Contractor has no right or entitlement whatsoever to the Owner's Contingency, and use of such funds are subject to the Contract or Job Order or Job Order Administrator's or City Manager's prior written approval and issuance of a Change Order by the City at its sole and absolute discretion. Any unused City Contingency remaining at the completion.of the Project shall accrue solely to the City. "Parties" means City and Contractor, and "Party"is a reference to either City or Contractor, as the context may indicate or require. "Plans" means the drawings or reproductions thereof prepared by the Consultant, which show the location, character, dimensions and details of the Work to be done, and which are a part of the Contract or Job Order or Job Order Documents. "Project" means the construction project described in the Detailed Scope of Work, including pursuant to a Job Order, or a series of related Job Orders. "Project Initiation Date" means the date upon which the Contract or Job Order Time commences. "Project Manager" means the authorized individual which is the representative of Contractor and who will administer and manage the prosecution of all Work on behalf of the Contractor. "Punch List" means the list or lists prepared by Contractor, incorporating input provided by the City or. Consultant, identifying matters that remain to be completed to achieve Substantial Completion and to be completed between achievement of Substantial Completion and Final Completion in order that Final Completion can be declared by City to have occurred. "Purchase Order" means the written document issued by the City to the Contractor indicating types, quantities, and/or agreed prices for products or services to be provided to the City. "Responsible Bidder" means an offeror who has the capability in all respects to perform fully the Contract or Job Order or Job Order requirements, and the integrity and reliability which will assure good faith performance, including, without limitation, the factors identified in Section 2-369 of the City Code. "Responsive Bidder" means a person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. "Schedule of Values" means a written schedule setting forth the detailed and itemized cost breakdown, inclusive of labor, material, and taxes of all elements comprising the Contract Job Order Price. "Specifications" means the general term comprising all of the written directions, provisions and requirements contained in the Contract or Job Order or Job Order Documents, as amended, 33 I 2019-257-KB describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies, equipment and standards to which such work is to be performed. "Subcontractor" means any person or entity supplying the Contractor with labor, materials, supplies or equipment used directly or indirectly by the Contractor in the prosecution of the Work. ° "Substantial Completion" means the date when the Work, as certified in writing by the Consultant, and determined by the City in its sole discretion, has been developed, designed, engineered and constructed in accordance with the Contract or Job Order Documents such that all conditions of permits and regulatory agencies have been satisfied and the Project is ready for occupancy, utilization and continuous commercial operation for the uses and purposes intended by the City, without material interference from incomplete or improperly completed Work and with only minor punch list items remaining to be completed, all as reasonably determined by.the City and evidenced by (1) the issuance of a Certificate of Occupancy or Certificate of Completion by the authority having jurisdiction; (2) the issuance of a Certificate of Substantial Completion by the Consultant; and (3) acceptance of such Certificate of Substantial Completion by the City pursuant to the Contract or Job Order or Job Order Documents. "Surety" means the surety company or individual which is bound by the bid bond, or by the performance bond or 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 or Job Order or Job Order and for the payment of all debts pertaining thereto in .accordance with Section 255.05, Florida Statutes.- "Work" means all construction and services required by or reasonably inferable from the Contract or Job Order Documents and Detailed Scope of Work for the completion of the Project, including the provision of all labor, materials, equipment, supplies, tools, machinery, utilities, procurement, fabrication, transportation, construction, erection, demolition, installation, insurance, bonds, permits and conditions thereof, building code changes and governmental approvals, testing and inspection services, quality assurance and/or quality control inspections and related certifications, training, surveys, studies, supervision, and administration services to be provided by the Contractor, and other items, work and services that are necessary or appropriate for the total construction, installation, furnishing, equipping, and functioning of the completed Project, together with all additional, collateral and incidental items,work and services required to achieve Final Completion in accordance with the Contract or Job Order or Job Order Documents. 1.2. Interpretation of the Contract or Job Order or Job Order Documents. 1.2.1. As used in'the Contract or Job Order or Job Order Documents, (i) the singular shall include the plural, and the masculine shall include the feminine and neutral, as the context requires; (ii) "includes" or"including"shall mean "including, but not limited to" and "including, without limitation;" and (iii) all definitions of agreements shall include all amendments thereto in effect from time to time. 1.2.2. Whenever it shall be provided in the Contract or Job Order Documents that the Contractor is required to perform a service or obligation "at its sole cost and expense"or words of substantially similar meaning, the Contractor shall not be entitled to reimbursement for such item and the cost of such service or obligation shall not be included in any Application for Payment. 34 I 2019-257-KB 1.2.3. Contract or Job Order Documents shall be construed in a harmonious manner, whenever possible. The general intent of the Contract or Job Order Documents is to include all items necessary for the proper execution and completion of the Project by the Contractor. 1.2.4. The Contract orJob Order Documents shall be taken as a whole and are complementary, and any item of Work called for in any Contract or Job Order or Job Order Document shall be as binding as if called for by all, so that any part of the,Work shown or described in any of the Contract or Job Order or Job Order Documents, though not specifically referred to in other Contract or Job Order or Job Order Documents, shall be executed by Contractor and binding as a part of the Contract or Job Order or Job Order Documents, as well as any Work which, in the sole opinion of City, may be fairly inferred from the Contract or Job Order Documents or by normal industry practice. 1.2.5. Detailed plans shall take precedence over general plans for the same part of the Work. Specifications and detailed plans which may be prepared or approved by City after the execution of the Contract or Job Order or Job Order and which may be fairly inferred from the original specifications and plans are to be deemed a part of such specifications and plans, and that portion of the Work shown thereby shall be performed without any change in the Job Order Price or Project Schedule. With respect to conflicts between large-scale drawings and small-scale drawings,. the larger scale drawing shall govern, unless otherwise dictated by Consultant. 1.2.6. Where compliance with two or more requirements is indicated in any of the enumerated Contract or Job Order Documents and where these requirements within the Contract or Job Order Documents•conflict in quantity or quality, the Contractor shall comply with the most stringent requirement as determined by the City, unless specifically indicated otherwise in the Contract or Job . Order or Job Order Documents. 1.2.7. As used in the Contract or Job Order or Job Order Documents, unless specifically indicated otherwise, references to an Article include all Sections, Subsections, and items within that Article; references to a Section include;all Subsections and items within that Section; and references to a Subsection include all items within that Subsection. 1.2.8. Words which have a well-known technical or trade meaning are used herein in accordance with such recognized or well-known meaning, unless the Contract or Job Order Documents otherwise specifically define such word. 1.2.9. The Recitals, Appendices, Exhibits and Schedules attached hereto are expressly incorporated in and made a part of the Contract or Job Order Documents as if fully set forth herein. ARTICLE 2. INTENTION AND PRIORITY OF CONTRACT OR JOB ORDER OR JOB ORDER DOCUMENTS.. 2.1. Intention of City. It is the intent of City to describe in the Detailed Scope of Work a functionally complete Project (or part thereof) to be constructed in accordance with the Contract or Job Order 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 or Job Order Documents as 35 I 2019-257-KB being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. City shall have no duties other than those duties and obligations expressly set forth within the Contract or Job Order or Job Order Documents. 2.2. Priority of Contract or Job Order or Job Order Documents. In the event of conflict or inconsistency among the Contract or Job Order or Job Order Documents,the following order of precedence shall govern the interpretation of the Contract or Job Order or Job Order Documents: a. Change Orders or Amendments to this Contract or Job Order or Job Order (excluding the Plans and Specifications); b. Appendix F,The JOC Supplemental Conditions; c. The Contract or Job Order Documents(excluding the Plans and Specifications); d. The Construction Task Cataloge; e. Modifications or changes to the completed Plans and Specifications,as approved by the City; f. The completed Plans and Specifications, as approved by the City; g. The Technical Specifications;and h. The ITB. In the event of any conflict between the General Terms and Conditions of the ITB (as may be amended by Change Order), and the Specifications, the provisions of the General Terms and Conditions, as amended, shall take precedence and control. Contractor shall be furnished two (2) copies, free of charge, of the Contract or Job Order or Job Order Documents, excluding the Construction Task Catalog® and Technical Specifications; which shall be preserved and always kept accessible to the City, the Consultant, and their respective authorized representatives. Additional copies of the Contract or Job Order Documents may be obtained from City at the cost of reproduction. ARTICLE 3. CONTRACTOR'S DUTIES AND RESPONSIBILITIES. 3.1. Performance of the Work. The Contractor covenants and warrants that it shall be responsible for performing and completing, and for causing all Subcontractors to perform and complete, the Work in accordance with the Contract or Job Order Documents and all Applicable Laws relating to the Project. Accordingly, Contractor shall furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the Work described in the Contract or Job Order or Job Order Documents, and all Work that is contemplated thereby or reasonably inferable therefrom. As part thereof, Contractor shall achieve Substantial Completion within the time period specified in the invitation to Bid Summary for Substantial Completion, as such date may be extended pursuant to the terms of the Contract or Job Order or Job Order Documents, and shall achieve Final Completion of the Project by the date established in the Contract or Job Order Documents for Final Completion, ,as such date may be extended pursuant to the terms of the Contract or Job Order or Job Order Documents. Unless otherwise provided in the Contract or Job 36 I 2019-257-KB • Order or Job Order Documents, or as agreed to in writing between City and Contractor, the form and content of all reports, forms and regular submittals by Contractor to City shall be subject to prior approval of the City, and Contractor shall submit such materials to the City for City's approval prior to implementation. City's approval thereof shall not limit City's right to thereafter require reasonable changes or additions to approved systems, reports, forms and regular submittals by Contractor to City. 3.2. Standard of Care. The Work shall be performed in accordance with the professional standards applicable to projects, buildings, or work of complexity, quality and scope comparable to the Work and the Project. More specifically, in the performance of the professional services under this Contract, Contractor shall provide the care and skill ordinarily used by members of its profession practicing under similar conditions for projects of similar type, size and complexity at the same time and locality of the Project. Work shall be performed by the Contractor, Subcontractors, and specific personnel referred to in the in the Contract or Job Order Documents in accordance with their respective degrees of participation provided and represented to the City by the Contractor from time to time. The Contractor may add Subcontractors as it deems necessary or appropriate in order to carry out its obligations under the Contract or Job Order or Job Order Documents, provided such entity shall be suitably qualified and shall be subject to the prior approval of the City. Nothing contained in the Contract or Job Order Documents shall be construed to create any_,,obligation or contractual liability running from the City to any such persons or entities, including to any Subcontractors. 3.3.- Notices.to Proceed. Contractor shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the City's Procurement Department and a Notice to Proceed issued by the Contract or Job.Order or Job Order Administrator. At least two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents, including but not limited to, Payment Bond, Performance Bond, and Insurance Certificate(s), and after execution of the Contract or Job Order or Job Order by both parties. 3.4. Conditions Precedent to Notice to Proceed for Construction of the Work. The following are conditions precedent to the issuance of a Notice to Proceed to authorize Contractor to mobilize on the Project Site and commence with physical construction of the Work (typically, the second NTP for a Project): (1) the receipt of all necessary permits by Contractor; (2) City's acceptance of the Contractor's full progress schedule in accordance with the Contract or Job Order or Job Order Documents, Contractor's submittal schedule, Contractor's Schedule of Values, and list of Subcontractors; (3) Contractor's Hurricane Preparedness Plan; and (4) Contractor's submission to the City and Consultant of any other documents required by the Contractor Documents. The Contractor shall submit all necessary documents required for issuance of the Notice to Proceed with construction of the Work within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 3.5. Warranty. Contractor warrants to.City that all materials and equipment furnished under this Contract or Job Order or Job Order 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 or 37 I 2019-257-KB Job Order or Job Order Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant or City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provision of the Contract or Job Order or Job Order Documents. 3.6. Personnel Requirements. 3.6.1. The orders of City are to be given through Consultant or the Contract or Job Order or Job Order Administrator, 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 Construction Superintendent and any necessary assistants, all satisfactory to City. The Construction Superintendent shall not be changed except with the written consent of City, unless the Construction Superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The Construction Superintendent shall represent Contractor and all directions given to the Construction Superintendent shall be as binding as if given to Contractor and will be confirmed in writing by City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 3.6.2. The Construction Superintendent shall be responsible for management of the Project Site and tasks, including, but not limited to, organization and coordination of the Work of Subcontractor employees; exercising control over rate of construction progress to assure completion of the Project within the Project Schedule; inspecting or observing the Work to .enforce conformity to the Contract or Job Order Documents and supervising trades, subcontractors, clerical staff, and other personnel employed in the construction of the Project. On a daily basis, Contractor's Construction 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 Consultant; 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 Consultant. 3.6.3. The Contract or Job Order or Job Order Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract or Job Order or Job Order Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the critical path activity or Work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 3.6.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract or Job Order Documents and the physical conditions of the locality, on any errors, omissions, or discrepancies in the Contract or Job Order or Job Order Documents, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 38 I 2019-257-KB 3.6.5. 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 or Job Order or Job Order Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 3.6.6. The Construction Superintendent must have at least five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least five (5)years of experience in projects of similar design, scope, size and complexity. 3.7. Subcontracts. 3.7.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 3.7.2. 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 or Job Order Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to • any subcontractor evidence of amounts paid to Contractor on account of specific work performed. . 3.7.3. Contractor agrees to bind specifically every subcontractor to the terms and conditions of the Contract or Job Order Documents for the benefit of City. All of the Contractor's agreements with the Subcontractors shall contain the following provisions (or shall incorporate the following provisions by reference) and shall state: a. that the Subcontractor irrevocably submits itself to the original and exclusive jurisdiction and venue in Miami-Dade County, Florida, with regard to any controversy in any way relating to the award, execution or performance of the Contract or Job Order Documents and/or such Subcontractor's agreement, and whereby the Subcontractor agrees that service of process on it may be made to the person or entity designated in the Subcontract; b. that the City shall not be in privity of Contract or Job Order or Job Order with the Subcontractor and shall not be liable to any Subcontractor under the Contract or Job Order Documents or any such subcontract, except for the payments of amounts due to the Subcontractor under its subContract or Job Order or Job Order in the event that the City exercises its rights under any assignment of the subContract or Job Order or Job Order and requests or directs the Subcontractor to perform the portion of the Work covered by its subcontract; c. that the City is a third-party beneficiary of the Subcontract, entitled to enforce any rights thereunder for their respective benefits, and that, subject to the terms of the applicable • Subcontract, the City shall have the same rights and remedies vis-à-vis such Subcontractors that Contractor shall have, including the right to be compensated for any.loss, expense or damage of any nature whatsoever incurred by the City resulting from any breach of such SubContract or Job Order or Job Order by Subcontractor, any breach of representations and warranties, if any, 39 12019-257-KB implied or expressed, arising out of such agreements and any error, omission or negligence of such Subcontractor in the performance of any of its obligations under such Subcontract; d. that the Subcontractor shall indemnify and hold harmless the City, its officers, agents, directors, and employees, and instrumentalities to the fullest extent permitted by Section 725.06 of the Florida Statutes; • e. that such subContract or Job Order or Job Order shall be terminable for default or convenience upon ten (10) days prior written notice by Contractor, or, if the SubContract or Job Order or Job Order has been assigned to the City, by the City or its designee; f. that Subcontractor shall promptly notify the City (with a copy to Contractor) of any default of Contractor under the Subcontract,whether as to payment or otherwise; g. that Contractor and Subcontractor acknowledge that(i) they are each entering into a Contract or Job Order or Job Order for the construction of a public facility or public works project as contemplated in Chapter 255, Florida Statutes, and (ii) each have no right to file a construction lien against the Work or the Project, and further agree to include a similar requirement in any purchase order or subContract or Job Order or Job Order entered into by Subcontractor; and (iii) the payment bond provided by Contractor pursuant to this Agreement is a substitute for the right to claim a lien on the Project, and that any claims for nonpayment shall be made against the bond in accordance with Section 255.05, Florida Statutes. h. that Subcontractor shall comply with all Applicable Laws (including prompt payment) and the City requirements as set forth in the Contract or Job Order Documents and maintain all files, records, accounts of expenditures for Subcontractor's portion of the Work to the standards set forth in the Contract or Job Order or Job Order Documents. that the City may, at reasonable times, contact Subcontractor, after notice to Contractor, to discuss, or obtain a written report of, Subcontractor's services, with Contractor entitled to be present during any such discussions; provided that in no event, prior to any assignment of the SubContract or Job Order or Job Order to the City, shall Subcontractor take instructions directly from the City; j. that Subcontractor promptly disclose to the City and Contractor any defect, omission, error or deficiency in the Contract or Job Order Documents or the Work about which it has knowledge no later than ten (10) days following discovery of such defect, omission, error or deficiency; k. that Subcontractor assign all warranties directly to the City, I. that the Contract or Job Order Documents provide a limitation of remedies and NO DAMAGES FOR DELAY as delineated in Article 10 hereof; m. that in the event of a change in the Work the Subcontractor's Claim for adjustments in the subContract Job Order Price shall be limited exclusively to its actual costs for 40 I 2019-257-KB such changes, plus no more than the overhead and profit fees/markups and bond costs to be established as part of the GMP Amendment. n. Each subContract or Job Order or Job Order shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subContract Job Order Price, damages, losses or additional compensation. o. Each subContract or Job Order or Job Order shall require that any claims by • Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which the Contractor must submit Claims to the City, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims in the same manner as provided for in the Contract or Job Order or Job Order Documents. 3.7.4. Contractor shall perform the Work with its own organization, amounting.to not less than the percentage of work specified below: tRR J F s f!xex' r � y C9 .traeF" i n{ 'r 51fr ©rt �nc '/ r' General Construction 10% Horizontal Right-of-Way 30% Electrical Construction 30% Roofing 51% • Landscaping 51% 3.8. Plans and Working Drawings. 3.8.1. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the Detailed Scope of Work, plans, specifications or other data received from Consultant, and shall notify Consultant 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 Consultant: Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract or Job Order Documents unless Contractor recognized such error, omission'or discrepancy and knowingly failed to report it to Consultant. 3.8.2. Supplementary Drawings. When, in the opinion of Consultant, it becomes necessary to explain the Detailed Scope of 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 Consultant. The supplementary drawings shall be binding upon Contractor with the same force as the Contract or Job Order or Job Order Documents. Where such supplementary drawings require either less or more than the'original quantities of work, appropriate adjustments shall be made by Supplemental Job Order. 3.8.3. Shop Drawings. 41 I 2019-257-KB 3.8.4.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract or Job Order or Job Order Documents. 3.8.4.2. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Submission of such documents is a condition precedent to the issuance of a Notice to Proceed for construction. Approval of this list by Consultant shall in no way relieve,Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract or Job Order or Job Order Documents. This procedure is required in order to expedite final approval of Shop Drawings. 3.8.4.3. After the approval of the list of items required herein, 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. 3.8.4.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 3.8.4.5. If the Shop Drawings show or indicate departures from the Contract or Job Order or Job Order requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract or Job Order or Job Order Documents. 3.8.4.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract or Job Order 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 Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 3.8.4.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 3.8.4.8. 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. 42 I 2019-257-KB 3.8.4.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity, until final approval is obtained. 3.8.4.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 3.8.4. Field Layout of the Work and Record Drawings. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. 3.8.5.1. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be delivered to Consultant prior to Substantial Completion, in accordance with the Contract or Job Order or Job Order Documents. 3.8.5.2. Contractor shall maintain in a safe place at the Project Site one record copy of all Drawings, Plans, Specifications, addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract or Job Order or Job Order Administrator. 3.8.5.3. 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 Consultant. 3.8.5. Art in Public Places ("AIPP") Coordination. Contractor shall coordinate the implementation of the City's AIPP commissions and installations for the Project,if any,with all such coordination Work covered within the Contract Job Order Price, provided, however, that the City shall separately fund the commissioning and installations of all AIPP artworks. 3.8.6. City's Participation. THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONTRACTOR'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT OR JOB ORDER OR JOB ORDER DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONTRACTOR SHALL BEAT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONTRACTOR'S OBLIGATIONS, A WAIVER OF CONTRACTOR'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONTRACTOR OF ITS OBLIGATIONS UNDER THE CONTRACT OR JOB ORDER OR JOB ORDER DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONTRACTOR'S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONTRACTOR IN DEFAULT FOR CONTRACTOR'S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CITY'S RIGHTS AND 43 I 2019-257-KB REMEDIES IN CONNECTION THEREWITH. THE CONTRACTOR EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE:THE CITY'S PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF CONTRACTOR'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS. RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT OR JOB ORDER OR JOB ORDER DOCUMENTS, THIS SECTION SHALL GOVERN. 3.8.7. City's Information. Except for any tests or studies that the City provides as part of the ITB, any information provided by the City to the Contractor relating to the Project and/or other conditions affecting the Project Site, is provided only for the convenience of the Contractor and does not relieve the Contractor of the due diligence necessary to independently verify local conditions and Site Conditions. The City makes no representation or warranty as to, and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of any such test, studies or other information and makes no guarantee, either express or implied, that the conditions indicated in such information or independently found by the Contractor as a result of any examination, exploration or testing, are representative of those existing throughout the performance of the Work or the Project Site, and there is no guarantee against unanticipated or undisclosed conditions. • ARTICLE 4. CONTRACT JOB ORDER PRICE, • 4.1. The Job Order Price is specified in the Job Order. The Job Order Price shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of the Detailed Scope of Work accordance with the requirements of the Contract or Job Order or Job Order Documents, including all Work reasonably inferable therefrom. 4.2. No Compensation Prior to Notice to Proceed. Prior to the City's issuance of any Notice to Proceed, Contractor shall not incur any cost to be reimbursed as part of the Project, except as the Contract or Job Order or Job Order Administrator may authorize in writing. 4.3. Owner's Contingency. The Owner's Contingency shall be an amount, determined by the City, which will be available to the City to pay for Project costs which are expressly chargeable to the City or determined to be the City's responsibility under the Contract or Job Order or Job Order Documents, including, as it relates to the Contractor, the following increased costs of the Project incurred by Contractor: a. Express written changes in the Work made in the discretion of the City after issuance of a Change Order or Construction Change Directive relating thereto. The decision to make such changes, and to incur the costs that arise there from, shall be in the sole discretion of the City. No costs may be charged to the Owner's Contingency under this subsection without express approval of City. 44 I 2019-257-KB b. Changes to the Work if ordered by agencies having jurisdiction, provided such Work directly results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon; c. In the event of Excusable Delay, reasonable acceleration costs to meet milestones, if approved by the City at its sole and absolute discretion; d. Differing site conditions pursuant to the Contract or Job Order or Job Order Documents; e. Post-hurricane or storm-related Construction Change Directives (to address matters that are in addition to, or not covered by, the Contractor's City-approved Hurricane Preparedness Plan required by the Contract or Job Order or Job Order Documents); f. Increased Costs of the Work resulting from other actions of the City deemed to be City's responsibility and/or compensable under the Contract or Job Order or Job Order Documents. Unless Contractor secures City's written agreement that such costs are City's responsibility, documentation of responsibility for such costs shall be submitted with the Contractor's Claim. When Contractor has reason to anticipate that such costs may be incurred, it shall be the Contractor's responsibility, when feasible, to provide the City with sufficient advance notice, so as to provide the City with a reasonable opportunity to avoid such costs. Such costs shall be deemed the City's responsibility if City subsequently agrees in writing to grant the Claim and accept such responsibility, or if the Claim is granted and responsibility assigned to City pursuant to the dispute resolution process under the Contract or Job Order Documents and all reviews thereof are exhausted or waived by City. The Contractor has no right or entitlement whatsoever to the Owner's Contingency; and use of such funds are subject to the City's prior written approval and issuance of a Change Order or Construction Change Directive by the City at its sole and absolute discretion. Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City. ARTICLE 5. APPLICATION FOR PAYMENT. 5.1. The City will make one payment for all Job Orders that have a Job Order Completion Time of 45 days or less, or a Job Order Price of$25,000 or less. For all other Job Orders, the City may make partial, monthly payments based on a percentage of the work completed. 5.2. Before submitting an Application for Payment (Final or Partial), the Project Manager make a determination concerning the percentage complete of the Detailed Scope of Work and the dollar value for which the Contractor's Application for Payment may be submitted. 5.3. 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 percentage completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract or Job Order Documents and a 45 I 2019-257-KB release of liens and consent of surety relative to the work which is the subject of the Application. Following submission of an acceptable updated progress schedule and the other documents required herein a log with the Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract or Job Order or Job Order Documents, within twenty-five (25)days in accordance with Section 218.735 of the Florida Statutes. 5.4. The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated-with existing change orders or other additions or modifications to the construction services provided for in the Contract or Job Order or Job Order Documents. Thereafter, the Contract or Job Order or Job Order Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent-progress payment made to the Contractor, until Substantial Completion. Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract or Job Order or Job Order Administrator, after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand- alone document, separate from monthly applications for payment. 5.5. Notwithstanding any provision hereof to the contrary, the City may withhold payments to the Contractor in-the following circumstances: - a. correction or re-execution of Work which is defective or has not been performed in accordance with the Contract or Job Order Documents and which the Contractor has failed to correct in accordance with the terms of the Contract or Job Order or Job Order Documents; b. past due payments owed to Subcontractors for which City has not been provided an appropriate release of lien/claim (whether or not the Work in question is the subject of any dispute); c. the City's remedies arising from any failure to perform the Contract or Job Order or Job Order Documents' requirements or uncured Default of this Contract or Job Order or Job Order by the Contractor; d. damage to another contractor or third-party (including,without limitation, the property of any resident or business in the area surrounding the Project Site) which has not been remedied or, damage to City property which has not been remedied; e. liquidated damages; • f. failure of Contractor to provide any and all material documents required by the Contractor Job Order Documents including, without limitation, the failure to maintain as-built drawings in a current and acceptable state; and 46 I 2019-257-KB g. pending or imminent Claims of the City or others including, without limitation, Claims which are subject to Contractor's indemnity obligation under Article 14 hereof, for which the Contractor has not posted bonds or other additional security reasonably satisfactory to the City. Except as otherwise specifically provided in the Contract or Job Order or Job Order Documents, in no event shall any interest be due and payable by the City to the Contractor or any other party on any of the sums retained by the City pursuant to any of the terms or provisions of any of the Contract or Job Order or Job Order Documents. 5.6. Payment by City for Tests. Except when otherwise specified in the Contract or Job Order or Job Order Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant 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. 5.7. Form of Application: Projected Payment Schedule. The Contractor shall make each Application for Payment on AIA Form G702 or other form approved by the City, which incorporates the budget and the Schedule of—Values. For each line item, the Contractor shall state the approved cost, the cost to date, and the projected total cost, and retainage held (if any), shall state that the projected total cost shall not exceed the approved cost, as adjusted by Change Order. Each Application for Payment shall also state the actual costs incurred by the Contractor for the payment period covered by such Application for Payment. ARTICLE 6. PROJECT SCHEDULE AND CONTRACT OR JOB ORDER TIME. 6.1. Time for Completion. Time is of the essence throughout this Contract. This project shall be substantially completed within the amount of calendar days set forth in the Job Order Completion Time from the issuance of the Job Order or Notice to Proceed, and completed and ready for final payment as set forth herein within the amount of calendar days set forth in the Job Order Completion Time from the date certified by Consultant as the date of Substantial Completion. 6.2. Project Schedule; Preliminary Matters. The Contractor shall submit with its Job Order Proposal a construction schedule in a format acceptable to the City. For the majority of work, a construction in bar chart format will be acceptable. For those Job Orders whose Detailed Scope of Work is more complex or critical in nature, the City may require the Contractor prepare a construction utilizing a critical path method (CPM) or computerized CPM using the Primavera P6 software or latest version. The City will make the determination of which format to use with each Job Order. If requested by the Project Manager, the Contractor shall submit with each Application for Payment an update of the Project Schedule with an error report stating no errors (that does not revise the- ; 47 12019-257-KB , base line schedule), showing the progress for the month ("Progress Schedule"). CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY (including a native version and a pdf). In addition to the Progress Schedule Contractor shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. City's acceptance of a Progress Schedule for purposes of City's approval of an Application for Payment shall not constitute or be construed as City's approval of the Progress Schedule itself, or as approval of any change to the Project Schedule. Any changes to the Project Schedule, if agreed to, shall be memorialized in a duly executed Change Order. CONTRACTOR agrees to attend weekly progress meetings and provide an two (2) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the Contractor's Work and shall be complied with in all respects. 6.2.1. After award but prior to the submission of the progress schedule, Consultant, Contract or Job Order or Job Order Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, that by facilitating Contractor's efforts to coordinate with such utilities, City is not assuming the obligation to coordinate any necessary relocations and Contractor shall be solely responsible for such coordination. 6.2.2. At a time specified by Consultant but before Contractor starts the work at the Project Site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract or Job Order or Job Order Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 6.3. Recovery Schedule. • 6.3.1. If Contractor's Work, or any portion of the Work, becomes more than (30) days behind schedule, if the Work on any critical path item or activity delineated in the Project Schedule is delayed for a period which exceeds 5%of the days remaining until a completion deadline for an item in the Project Schedule, or if the reasonably appears that the Contractor will be unable to meet the deadlines of the PrOject Schedule, the City may notify Contractor of same, and in such case, the Contractor shall submit a proposed recovery plan to regain lost schedule progress and to achieve any Project milestones, Substantial Completion, and Final Completion in accordance with the Contract or Job Order Documents ("Recovery Schedule"), after taking into account Excusable Delays (as hereinafter defined) and permitted extensions of the,Project for review and acceptance 48 I 2019-257-KB within seven (7) days following notification from the City, so as to ensure Contractor makes up lost time. 6.3.2. City shall notify Contractor within five (5) business days after receipt of each Recovery Schedule, whether the Recovery Schedule is deemed accepted or rejected. Within five (5) business days after City's rejection of any Recovery Schedule, Contractor will resubmit a revised Recovery Schedule incorporating City's comments. If the City accepts Contractor's Recovery Schedule, Contractor shall, within five (5) business days after City's acceptance, incorporate and fully include the Recovery Schedule into the Project Schedule and deliver same to City. 6.3.3. If the Contractor fails to provide an acceptable Recovery Schedule, as determined by City in its sole discretion, that demonstrates Contractor's ability to timely follow the Project Schedule, the City may, without prejudice to any other rights and remedies available to the City hereunder or otherwise, declare an Event of Default or order the Contractor to employ such extraordinary measures, including acceleration of the Work, and other measures, including substantially increasing manpower and/or necessary equipment, as may be necessary to bring the Work into conformity with the Project Schedule. 6.4. Substantial Completion. As a condition of Substantial Completion, all of the following must occur: 6.4.1. All Work affecting the operability of the Project or safety has been completed in accordance with the Contract or Job Order or Job Order Documents; 6.4.2. If applicable, all pre-commissioning activities: including alignment, balancing, lubrication and first-fill, have been completed; 6.4.3. The Work may be operated within manufacturers' recommended limits (with all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information provided), in compliance with Applicable Laws, and without damage to the Work or to the Project; 6.4.4. Contractor has corrected all defects, deficiencies and/or discrepancies to the entire Work as identified by the City or the Consultant, and the Consultant confirms such corrections have been made in writing; 6.4.5. The most recent updated set of "as-built" drawings reflecting the progress of the Work through Substantial Completion (in native file format, such as autoCAD); 6.4.6. When Contractor believes it has achieved Substantial Completion, Contractor shall request an inspection by the City and the Consultant, and shall provide the City with evidence supporting its assessment of Substantial Completion, including any specific documents or information requested by the City to assist in its evaluation thereof. Contractor shall, prior to said inspection, develop its preliminary Punch List for input and comment by the City and the Consultant. Once the preliminary Punch List 'is submitted to the City, the City and its 49 I 2019-257-KB representatives shall then schedule a walk-through of the Project with Contractor and the Consultant. Following the walk-through, Contractor shall develop and provide City with the list of all remaining items of Work to be completed or corrected, and which incorporates items and comments identified or provided by the City and Consultant comments and is certified for completeness and accuracy by the Consultant ("Substantial Completion Punch List"), provided, however, that failure to include any items on such Substantial Completion Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract or Job Order or Job Order Documents; and 6.4.7. Any and all appurtenances, utilities, transportation arteries and any other items required under the Contract or Job Order Documents and necessary to serve that portion of the Work are sufficiently completed, a temporary certificate of completion or Certificate of Occupancy, as applicable, is issued for the Work for which a Certificate of Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with, to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract or Job Order Documents without material interference from any incomplete or improperly completed items of Work; 6.4.8. With respect to any Project for which a right-of-way permit is required from the City's Public Works Department or which includes a final lift of asphalt as part of the Work, in no event shall Substantial Completion occur prior to the final lift of asphalt and acceptance thereof by the agencies having jurisdiction (including,without limitation, the City's Public Works Department). • 6.5. Certificate of Substantial Completion. Any determination by the Consultant and the Contractor of Substantial Completion shall not be binding on the City, and the ultimate determination of Substantial"Completion shall rest with the City and shall be evidenced by the City's executing and returning to the Contractor its Certificate of Substantial Completion (or Partial Substantial Completion, as applicable). 6.5.1. When the City, on the basis of an inspection, determines that the Work or designated portion thereof is substantially complete, and when the Contractor has complied with all other conditions precedent to Substantial Completion provided for in the other Contract or Job Order or Job Order Documents, the City will then prepare a Certificate of Substantial Completion which shall establish the Substantial Completion Date, shall state the responsibilities of Contractor, if any, for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed in the Substantial Completion Punch List. If the City issues a Certificate of Substantial Completion on the basis of partial completion of the Project, or upon the basis of a partial or temporary certificate of occupancy or certificate of completion, as applicable, City may include such additional conditions, as it deems appropriate to protect its interests pending substantial completion of the entire Project or issuance of a permanent certificate of occupancy or certificate of completion, as applicable. 6.5.2. The City shall not unreasonably withhold or condition acceptance and execution of a Certificate of Substantial Completion (or a Notice of Partial Substantial Completion); provided, however, the Project shall not be deemed Substantially Complete and the City shall not execute a Certificate of Substantial Completion until all of the criteria for achieving Substantial Completion as identified in the Contract or Job Order Documents have been satisfied, and (2) in the case of a 50 I 2019-257-KB portion of the Project, the conditions set forth this Article 6 relating to Partial Substantial Completion shall have been satisfied. 6.6. Partial Substantial Completion. Partial Substantial Completion of the Work shall occur when the City determines that a portion of the Work, as defined in the Contract or Job Order Documents and/or otherwise by logical boundaries, is Substantially Complete in accordance with the Contract or Job Order or Job Order Documents. The City may (but shall not be obligated to) agree that a portion or component of the Work, acceptable to the City in its sole discretion, may be certified as Substantially Complete provided that: 6.6.1. The requirements provided in this Article 6 for issuance of a Certificate of Substantial Completion are complied with for the portion of the Work for which a Notice of Partial Substantial Completion is being sought; 6.6.2. Such portion and any and all appurtenances, utilities, transportation arteries and any other items required under the Contract or Job Order Documents and necessary to serve that portion of the Work are sufficiently completed, a temporary certificate of completion or Certificate of Occupancy, as applicable, is issued for the portion of the Work for which a Certificate of Partial Substantial Completion is being sought and/or all conditions or requirements of authorities having jurisdiction are complied with, to permit the City to utilize and occupy that portion for its intended use in accordance with the Contract or Job Order Documents without material interference from any incomplete or improperly completeditems of Work; 6.6.3. The City is fully able to use and occupy the portion of the Work for the purposes intended and-the Contractor separates the portion of the Work which is Substantially Complete from non- complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract or Job Order Documents and to assure the safety of those entering, exiting and occupying the Substantially Completed portion of the Work; 6.6.4. Partial Substantial Completion shall not constitute Final Completion of the Work or Substantial Completion of the Project, nor shall it relieve the Contractor of any responsibility for the correction of Work (whether or not included in portion of Work Substantially Complete) or for the performance of Work not complete at the time of Partial Substantial Completion. 6.7. Liquidated Damages. 6.7.1. At the sole discretion of the City, liquidated damages will be assessed, if at all, on a Job Order-by-Job-Order basis. Upon failure of Contractor to achieve Substantial Completion within the time period specified in the Job Order for Substantial Completion, as such date may be extended pursuant to the terms of the Contract or Job Order or Job Order Documents, Contractor shall pay • to City the sum specified in table below titled "Schedule Liquidated Damages" for each calendar day after the time specified, plus any approved time extensions, for Substantial Completion. Partial Substantial Completion shall not relieve Contractor of any responsibility for Liquidated Damages for failure to timely achieve Substantial Completion. 51 I 2019-257-KB 6.7.2. After Substantial Completion is achieved, should Contractor fail to complete the remaining Work within the time specified in the Job Order for Final Completion, plus approved time extensions thereof, Contractor shall pay to City the sum specified in table below titled "Schedule Liquidated Damages" for each calendar day after the time specified for Final Completion, plus any approved extensions. 6.7.3. Schedule°for Liquidated Damages Table Job Order Price Liquidated Damages $0 to$25,000.00 $100/Day $25,000.01 to $100,000.00 $250/Day Over$100,000.00 $500/Day 6.7.4. Contractor agrees that the Liquidated Damages set forth herein are not penalties and have been set based on an evaluation by City of damages to City and the public caused by untimely performance. Such damages may include loss of revenues to the City, and additional costs of administering this Agreement, including Project staff, legal, accounting, consultants and overhead and other administrative costs. Contractor acknowledges that the amounts established for Liquidated Damages are fair and commercially reasonable. Contractor and City have agreed to the Liquidated Damages in order to fix Contractor's costs and to avoid later disputes over which items are properly chargeable to Contractor as a consequence of Contractor's delays. The above-stated schedule for liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or Job Order or Job Order or as much thereof as City may, in its sole discretion, deem just and reasonable. Liquidated Damages shall apply, whether or not the City terminates Contractor for cause and whether or not Surety completes the Project after a Default by Contractor. Liquidated Damages shall apply solely to claims arising from delay in meeting any milestone for which the right to assess Liquidated Damages isspecified, including, without limitation, Substantial Completion, and Final Completion, and shall be the City's sole remedy for delay, and are not intended to, and do not, liquidate Contractor's liability under any other provision of the Contractor Documents for other events not specifically referenced in this Article 6. Liquidated Damages shall not liquidate Contractor's liability under the indemnification provisions of this Agreement. Contractor, in addition to reimbursing City for Liquidated Damages or other damages for untimely performance as provided herein, shall reimburse City for all costs incurred by City to repair, restore, or complete the Work,)as may be provided by the Contract or Job Order or Job Order Documents, including, without limitation, any additional design fees that may be due to the Consultant related thereto. All such costs shall be deducted from the monies otherwise due 52 I 2019-257-KB Contractor for performance of Work under this Agreement by means of unilateral credit or deductive Change Orders issued by City. In the event a court of competent jurisdiction determines that any Liquidated Damages amount herein is unenforceable notwithstanding Contractor's agreement herein that such amounts are fair and reasonable, Contractor shall not be relieved of its obligations to the City for the actual damages resulting from the failure to timely achieve Substantial Completion or Final Completion in accordance with the requirements of the Contract or Job Order or Job Order Documents. Without limiting the foregoing, City and Contractor covenant not to bring any action in a court of competent jurisdiction that would ask the court to rule that the Liquidated Damages amounts are not fair and reasonable. 6.8. Beneficial Occupancy. Beneficial Occupancy shall occur when the City determines that a portion of the Work may be occupied prior to Substantial Completion. City may take Beneficial Occupancy in accordance with the provisions of the Contract or Job Order or Job Order Documents. 6.8.1. Prior to the anticipated date of Beneficial Occupancy, Contractor shall separate the portion of the Work to be occupied from non-complete areas of the Project in order to prevent noise, dust and other construction disturbances which would materially interfere with the use of such portion for its intended use in accordance with the Contract or Job Order Documents and to assure the safety of those entering, exiting and occupying the completed portion to be occupied. 6.8.2. .Beneficial Occupancy shall not constitute Substantial Completion or Final Completion of the Work, nor shall it relieve the Contractor of any responsibility for the correction of Work(whether or not included_in the portion of Work to be occupied) or for the performance of Work not complete at the time of Beneficial Occupancy. 6.8.3. After Beneficial Occupancy and as conditions of Substantial Completion, the Contractor shall deliver to the City complete as-built drawings, all approved Shop Drawings, maintenance manuals, pamphlets, charts, parts lists and specified spare parts, operating instructions and other necessary documents required for all installed materials, equipment, or machinery, all applicable warranties and guarantees, and the appropriate certificate of occupancy or certificate of completion that are related to the portion of the Work being occupied. 6.8.4. Contractor's insurance on the unoccupied or unused portion or portions of the Project Site shall not be canceled or lapsed on account of such Beneficial Occupancy. '6.8.5. Contractor shall be responsible to maintain all utility services to areas occupied by the City until Final Completion. 6.9. Final Completion. Final Completion of the Project shall be deemed to have occurred if all the following have occurred: 6.9.1. Substantial Completion of the entire Project has occurred; 53 12019-257-KB 6.9.2. The Work can be used and operated in accordance with Applicable Laws bearing on the performance of the Work and applicable permits; 6.9.3. All spare parts, special tools and attic stock purchased by Contractor as part of Vendor supplies shall have been delivered to City and clear of all Liens; 6.9.4. All items on the Substantial Completion Punch List shall have been completed by Contractor to City's satisfaction and all final inspections have been performed; 6.9.5. Contractor has satisfied the additional conditions prescribed by the City in conjunction with a Certificate of Substantial Completion issued on the basis of partial completion of the Project, or a partial or temporary Certificate of Occupancy or Certificate of Completion, as applicable; 6.9.6. Contractor has delivered evidence to the City that all permits that are Contractor's responsibilities as specified under the Contract or Job Order Documents have been satisfied and closed, and that a Certificate of Completion or Certificate of Occupancy (as applicable) has been issued by the authority having jurisdiction, and the Project or designated portion thereof is sufficiently complete in accordance with the Contract or Job Order Documents and can be used for its intended purpose for uninterrupted operation, including, without limitation, acceptance of completed as-builts, if required by the agency having jurisdiction. 6.9.7. Contractor shall have provided to City final releases and complete and unconditional waivers of liens for all Work performed by Contractor and each Subcontractor or Suppliers,and a • Consent of Surety to Final Payment; 6.9.8. Contractor shall have delivered to the City a certification identifying all outstanding Claims (exclusive of any Liens or other such encumbrances which must have been discharged) of Contractor (and of its Subcontractors, Suppliers and any other party against Contractor) with written documentation reasonably sufficient to support and/or substantiate such Claims; 6.9.9. Contractor shall have delivered to the City a written assignment of all warranties or guaranties which Contractor received from Subcontractors or Suppliers to the extent Contractor is obligated to do so; 6.9.10. Contractor shall have delivered to City a complete set of as-built documents and Project Records prepared in accordance with the Contract or Job Order or Job Order Documents; 6.9.11. Contractor has delivered to City all other submittals required by the Contract or Job Order or Job Order Documents, including all installation instructions, operations and maintenance manuals or instructions for equipment furnished by Contractor, catalogs, product data sheets for all materials furnished by Contractor and similar information; 6.9.12. All rubbish and debris have been removed from the Project Site; and 6.9.13. All Construction aids, equipment and materials have been removed from the Project Site. 54 I 2019-257-KB • 6.9.14. Contractor has delivered to the City all executed warranties and guarantees required by the Contract or Job Order or Job Order Documents, all of which shall be in the name of the City and run to the benefit of the City; 6.9.15. If applicable, certificates of 'insurance indicating that any insurance required of the Contractor or Subcontractors by the Contract or Job Order Documents shall remain in full force and effect for the required period of time; 6.9.16. Any other.. documentation establishing payment or satisfaction of obligations, including receipts, releases and final waivers of lien from the Contractor and all Subcontractors, to the extent and in such form as may be reasonably required by the City; 6.9.17. Final Completion is a condition precedent to City's final payment to Contractor and issuance of the Final Certificate for Payment. 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 or Job Order or Job Order Administrator, and approved the final payment. 6.9.18. Waiver of Claims. The release by the City and acceptance of the final payment by Contractor shall operate as and shall be a release to the City from all present and future Claims or liabilities, of whatever kind or nature, arising under, relating to or in connection with this Contract or Job Order or Job Order for anything done or furnished or relating to the Work or the Project, or from any act or omission of the City relating to or connected with the Contract or Job Order or Job Order Documents, the Work or the Project, except those Claims or liabilities, if any, for which the Contractor has provided the City with written notice pursuant to and in strict.compliance with the "Claims" and notice requirements set forth in the Contract or Job Order or Job Order Documents, and containing a detailed reservation of rights that identifies the precise nature of the dispute, all facts in support of Contractor's Claim, the particular scope of Work giving rise to the Claim, and the maximum amount and/or time sought in connection with the Claim. ARTICLE 7. INSPECTION OF WORK; CORRECTION OF NON-CONFORMING OR DEFECTIVE WORK. 7.1. Consultant, City (and its authorized designees), and representatives of any regulatory agencies having jurisdiction over the Project, shall at all times have access to the Work and the Project Site, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. Whenever requested, Contractor shall give the City and any inspectors or representatives appointed by the City free access to its Work during normal working hours either at the Project Site or its shops, factories, or places of business of Contractor and its Subcontractors and suppliers for properly inspecting materials, equipment and Work, and shall furnish them with full information as to the progress of the Work in its various parts. 7.2. Should the Contract or Job Order or Job Order Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the 55 I 2019-257-KB 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 Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 7.3. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract or Job Order or Job Order Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract or Job Order or Job Order 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 or Job Order or Job Order Documents, Contractor shall pay such cost. 7.4. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract or Job Order Documents or to delay the Contract or Job Order or Job Order by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 7.5. 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. 7.6. The Contractor shall coordinate all technical inspection and testing provided by professionals designated by the City, the Consultant, permitting authorities, and others. The Contractor shall also schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to the Contract or Job Order Documents and provide a copy of all inspection and testing reports to the City on the day of inspection or test. The Contractor shall provide reasonable prior notice to appropriate inspectors before the Work is covered up, but in no event less than 24 hours before the Work is covered up. All costs for uncovering Work not inspected and any reconstruction due to lack of reasonable prior notice shall be borne by Contractor at its sole cost and expense. Any time billed by inspectors for inspection where the Work is not ready to be inspected shall be at Contractor's sole cost and expense. If any members of the Project team are to observe said inspections, tests or approvals required by the Contract or Job Order or Job Order Documents, they shall be notified in writing by the Contractor of the dates and times of the inspections, tests or other approvals. The Contractor shall schedule, direct and/or review the services of or the reports and/or findings of surveyors, environmental consultants and testing and inspection agents engaged by the City. All Materials and Equipment furnished by Contractor and Work performed by Contractor shall at all times be subject to inspection and testing by City or inspectors or representatives appointed by City. If any of the Work should be covered up without approval or consent of City's Project Coordinator, or without necessary test and inspection, Contractor shall, if required by City's Project Coordinator or by public authorities, uncover such Work for examination and testing, and shall re-cover same at Contractor's expense. 7.7. Defective or Non-Conforming Work. 56 I 2019-257-KB 7.7.1. Consultant and City shall have the authority to reject or disapprove work which either Consultant or City find to be defective. If required by Consultant or City, 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. 7.7.2. 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 or Job Order Documents within the time indicated in writing by Consultant, City 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. 7.7.3. 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 wafanty required by the Contract or Job Order or Job Order Documents, or by any specific provision of the Contract or Job Order or Job Order Documents, any of the Work is found to be defective or not in accordance with the Contract or Job Order or Job Order 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 or Job Order Documents including but not limited to, Contractor's warranty obligations hereof and any claim regarding latent defects. 7.7.4. 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. 7.8: ''Cleaning Up; City's Right to Clean Up. Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall 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 therefore as Consultant shall determine to be just. ARTICLE 8. SAFETY AND PROTECTION OF PROPERTY. 8.1. 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: 8.1.1. All employees on the work site and other persons who may be affected thereby; 57 I 2019-257-KB 8.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project Site; and 8.1.3. 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. 8.2. Contractor shall comply with all Applicable Laws 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. City and Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. Contractor shall be responsible for and shall remedy all damage, injury or loss to any property, caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in the Contract or Job Order or Job Order Documents. 8.3. 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 Construction Superintendent, unless otherwise designated in writing by Contractor to City. 8.4. Contractor's Responsibility for Damages and Accidents. 8.4.1. 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. • 8.4.2. 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. 8.5. Occupational Health and Safety. 8.5.1. 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: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. 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 58 I 2019-257-KB iii. The primary routes of entry and symptoms of overexposure. c. 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. d. The emergency procedure for spills, fire, disposal, and first aid. e. 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. 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. 8.6. Hurricane and Tropical Storm Precautions. 8.6.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or tropical storm 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 or Consultant has given notice of same. • 8.6.2. Contractor's Hurricane Preparedness Plan shall, at a minimum, include the following: (1) monitoring of the real time weather radar and insuring reasonable precautions are taken prior to and during inclement weather conditions, from a severe thunderstorms to a category 5 hurricane, to prevent accidents and to minimize property damage; (2) preparing an emergency phone list showing home phone numbers of all project personnel and subcontractor's supervisors, including all land lines and cell phones, to be used for emergency purposes only; (3) ensuring the project jobsite's equipment and buildings are protected, identifying vulnerable work in progress and determining how to best protect it from damage, and capping ail incomplete piping to prevent sand filtration; (4)cleaning the entire project, inside and out, removing trash from the job site, clearing all materials that can become airborne, verifying that all erosion and sediment control devices are in place and meet adequate standards, and removing screening on fences and signs; (5) arranging for the pickup of all dumpsters and portable toilets and secure all materials and equipment, anchoring or restraining everything that could blow away, and removing all non-essential barricades; and (6) the documenting of conditions of the project and the surrounding area before and after the incident(photographs and video). 8.6.3. Contractor shall be solely responsible for all costs of all precautions and Work covered by Contractor's Hurricane Preparedness Plan. Compliance with Contractor's Hurricane Preparedness Plan shall not constitute additional Work. 8.6.4. Any additional Work not covered in the Hurricane Preparedness Plan relating to hurricane warning or tropical storm alert at the Project Site will be addressed by a Change Order in accordance with the Contract or Job Order or Job Order Documents. i 59 I 2019-257-KB 8.6.5. 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 or Job Order Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 8.6.6. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the City a Hurricane Preparedness Plan. 8.7. Location and Damage to Existing Facilities, Equipment or Utilities. 8.7.1. 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. As part of the Contract Job Order Price, 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,whether or not shown on the plans. 8.7.2. 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 (for utilities indicated in the Contract or Job Order or Job Order Documents). All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved, if indicated in the Contract or Job Order or Job Order Documents. No additional payment will be made to the Contractor for utility relocations indicated in the Contract or Job Order or Job Order Documents, whether or not said relocation is necessary to avoid conflict with other lines. 8.7.3. If Contractor, as part of its responsibility to identify all utility lines, identifies utility conflicts which materially differ from those indicated in the Contract or Job Order or Job Order Documents, such utility conflicts (for items not indicated in the Contract or Job Order or Job Order Documents) shall be addressed pursuant to the requirements of"Differing Site Conditions"as set forth in Article 10 shall apply. 8.7.4. The Contractor shall reasonably schedule the Work, and the phasing thereof, in such a manner so that the overall Project Schedule is not impacted and completion of 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, except as provided in Article 10 of the Contract or Job Order or Job Order Documents. 8.7.5. 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. 60 I 2019-257-KB 8.8. Risk of Loss. The risk of loss to any of the Work and to any goods, materials and equipment provided or to be provided under the Contract or Job Order or Job Order Documents, shall remain with the Contractor until Substantial Completion. Should any of the Work, or any such goods, materials and equipment, be destroyed, mutilated, defaced or otherwise damaged prior to the time the risk of loss has shifted to the City, the Contractor shall repair or replace the same at its sole cost. The Performance Bond and Payment Bond or other security or insurance protection required by the Contract or Job Order Documents or otherwise provided by the City or the Contractor shall in no way limit the responsibility of the Contractor under this Section. ARTICLE 9. BONDS, INSURANCE AND INDEMNITY, 9.1. Performance Bond and Payment Bond: The Contractor shall, prior to the issuance of a Job Order Notice to Proceed, furnish and deliver to the City a payment bond and a performance bond, in a form to be provided by the City, issued by sureties licensed and authorized to do business in the State of Florida, covering the faithful performance and completion of the Project pursuant to the Contract or Job Order or Job Order Documents, including the performance and completion of those services provided by Subcontractors of any tier and covering the payment of all obligations arising hereunder including but not limited to, the payment for all materials used in the performance of the Project in accordance with the Contract or Job Order or Job Order Documents, and for all labor and services performed under the Contract or Job Order Documents (including materials, labor and/or services provided by Subconsultants, and Subcontractors of any tier), whether by Subcontractors or otherwise. Each of the aforesaid bonds (collectively herein referred to as the "Performance Bond and Payment Bond") shall have a penal amount equal to the Job Order Price, unless otherwise approved by the City and,to the extent permitted by law. The Contractor shall be compensated for the cost of the bonds up to 2% of the Job Order Price through the reimbursable work task in the Construction Task Catalog®. The Performance Bond and Payment Bond and the sureties issuing such bonds shall meet all the requirements set forth in the Contract or Job Order Documents and the Performance Bond and Payment Bond shall each be in the form attached hereto or shall otherwise be acceptable to the City in its reasonable discretion. If any of the sureties on the Performance Bond and Payment Bond at any time fails to meet said requirements, or is deemed to be insufficient security for the penalty of said bond, then the City may, on giving thirty (30) days' notice thereof in writing, require the Contractor to furnish a new and/or additional bond(s) in the above amounts with such sureties thereon being licensed and authorized to do business in the State of Florida and as shall be • satisfactory to the City. The cost of the bonds is considered to be part of the Contractor's Adjustment Factors. 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. 9.2. 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 certified check or cashier's check, which shall be in accordance with Section 255.05, Florida Statutes. Such alternate 61 I 2019-257-KB 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. 9.3. Qualification of Surety: Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars($500,000.00): 9.3.1. 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. 9.3.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 9.3.3. 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 Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to,50,000,00 A Class VI 50,000,001 or more A Class VII 9.3.4. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the Job Order is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 62 12019-257-KB 9.3.5. Unless more stringent surety requirements of any grantor agency are set forth within the Supplemental Conditions, the provisions of this Article shall apply. 9.4. Insurance Requirements. The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements set forth in the Invitation to Bid Summary(and/or exhibits thereto). 9.4.1. Additional Insured Status. The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 9.4.2. Waiver of Subroqation. Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of,subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 9.4.3. Other Insurance Provisions. • a. For any claims related to this project, the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. b. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. c. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground)coverage. If any coverage required is written on a claims-made form: a. The retroactive date must be shown, and must be before the date of the Contract or Job Order or Job Order or the beginning of Contract or Job Order or Job Order work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Contract or Job Order or Job Order of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract or Job Order or Job Order effective date, the Contractor must purchase extended period coverage for a minimum of five (5) years after completion of the Contract or Job Order or Job Order work; 63 I 2019-257-KB d. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management (or its designee)for review. e. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. 9.4.4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 9.4.5. Verification of Coverage. Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Article. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9.4.6. Special Risks or Circumstances. The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder: CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other provision of the Contract or Job Order or Job Order Documents. 9.5. Indemnification. 9.5.1. In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's 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 Contract. 9.5.2. Sums otherwise due to Contractor under this Contract or Job Order or Job Order may be retained by City until all of City's Claims for indemnification under this Contract or Job Order or Job 64 I 2019-257-KB Order have been settled or otherwise resolved. Any amount withheld pursuant to this Article shall not be subject to payment of interest by City. 9.5.3. The execution of this Contract or Job Order or Job Order by Contractor shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents and/or Contract or Job Order Documents for the Project and the monetary limitation on indemnification in this Article bears a reasonable commercial relationship to the Contract. 9.5.4. Nothing in this Artilce is intended, or should be construed, to negate, abridge or otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article. 9.5.5. Nothing in this Article is intended to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract, to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. 9.5.6. The indemnification obligations set forth herein shall survive the termination and/or expiration of this Contract. ARTICLE 10. CHANGES IN THE WORK; EXTENSIONS TO THE JOB ORDER COMPLETION TIME. 10.1. Changes in the Work or Terms of Contract or Job Order or Job Order Documents. 10.1.1. Changes to the Contract or Job Order or Job Order may be accomplished after execution of the Contract or Job Order or Job Order and without invalidating the Contract, by Change Order. 10.1.2. Any changes to the terms of the Contract or Job Order Documents must be contained in a Change Order, 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 executed only by City as hereinafter provided. 10.2. Field Orders. 10.2.1. The Contract or Job Order or Job Order Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract or Job Order Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Job Order Price or the Contract or Job Order Ttme. 10.2.2. Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract or Job Order Documents or its performance, provided such supplemental instructions involve no change in the Contract Job Order Price or the Contract or Job Order Time. 10.3. Change Orders. 10.3.1. Changes in the quantity or character of the Work which are not the subject of Field Orders or supplemental instructions, including all changes resulting in changes in the Contract Job Order 65 I 2019-257-KB Price, or the Contract or Job Order Time, shall only be authorized only by Change Orders approved in advance by the City. 'Changes in the Work shall be performed under applicable provisions of the Contract or Job Order or Job Order Documents, and. the Contractor shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. 10.3.2. All Change Orders which exceed the then-remaining amounts available in the Owner's Contingency shall be approved by the City Commission. All other Change Orders, if funded by then-remaining amounts available in the Owner's Contingency, shall be approved in advance by the City Manager or the City Manager's designee. Notwithstanding the foregoing, the City Manager, at his or her sole discretion, may elect to present any proposed Change Order to the City Commission for its consideration. 10.3.3. If City requests a change in the Work, City shall submit a change request to Contractor, in writing. Within seven (7):business days of Contractor's receipt of such request from the City, Contractor shall provide to the City a Job Order Proposal. The Job Order Proposal to the City is to include (i) the proposed increase or decrease, if any, in the Cost of the Work which would result from such a change, (ii) the effect, if any, upon the Contract or Job Order Time by reason of such proposed change, (iii) supporting data and documentation, including any requested by the City in its change request, and iv) all other Job Order Proposal documentation required by the Contract Documents as specified in the JOC Supplemental Conditions. 10.3.4. If the'Contractor proposes a change in the Work, such proposal must be accompanied by a Job Order Proposal with sufficient substantiating data to permit evaluation by the City. If the Contractor does submit a Job.Order Proposal within the preceding seven (7) business day time period, the City shall, within twenty-one (21) days following its receipt of such Job Order Proposal, notify the Contractor as to whether the City agrees with such Job Order Proposal and wishes to accept the Contractor's Job Order Proposal. If the City agrees with such Job Order Proposal and wishes to accept the same, the City and the Contractor shall execute a Change Order which at a minimum specifies: i) the detailed scope associated with the change to the Work; ii) the amount of the adjustment in the Contract Job Order Price, if any, and (iii) the extent of the adjustment in the Contract or Job Order Time, if any. In the event the City disagrees with the Contractor's proposal, the. City may either (i) notify the Contractor that the City has decided to not proceed with or approve the requested change, or (ii) issue a unilateral Change Order whose Job Order Price Proposal is prepared in accordance with the JOC Supplemental Conditions. 10.3.5. The increase or-decrease in the Contract Job Order Price resulting from a change in the Work shall be equal to the total amount specified on the Job Order Price Proposal, which shall be prepared in accordance with the Contract Documents as specified in the JOC Supplemental Conditions. 10.3.6. Decreases in the Cost of the Work due to a change in the Project shall result in a decrease to the Contract Job Order Price, by way of a deductive Change Order. Credits for Pre-priced and Non Pre-priced Tasks shall 'be calculated at the pre-set Unit Prices and multiplied by the appropriate Adjustment Factprs. The result is that a credit for tasks that have been deleted from 66 I 2019-257-KB the Detailed Scope of Work will be given at 100% of the value at which they were included in the original Job Order Price Proposal. 10.4. NOT USED 10.5. No Damages for Delay. 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 Job Order 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 unforeseeable, or avoidable or unavoidable; and irrespective of whether such delay constitutes an Excusable Delay and irrespective of whether such delay results in an extension of the Contract or Job Order Time; provided, however, Contractor's hindrances or delays are not due solely to fraud, bad faith or willful or intentional interference by the City in the performance of the Work, and then only where such acts continue after Contractor's written notice to the City of such alleged interference. 10.9.1. Contractor acknowledges and agrees that Excusable Delay shall not be deemed to constitute willful or intentional interference with the Contractor's performance of the Work without clear and convincing proof that they were the result of a deliberate act, without any reasonable and good-faith basis, and were specifically intended to disrupt the Contractor's performance of the Work. The City's attempts to facilitate or assist Contractor in performance of the Work shall in no way be construed, interpreted and/or be deemed to constitute willful or intentional interference with the Contractor's performance of the Work. Except as provided herein, Contractor hereby waives all other remedies at law or in equity that it might otherwise have against the City on account of any Excusable Delay and any and all other events that may, from time to time, delay the Contractor in the performance of the Work. Contractor acknowledges and agrees that, except as specified herein, all delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and. acknowledged by the Parties in entering into this Agreement and that Contractor's pricing of the Work and the determination of the Contract Job Order Price shall be expressly based on the Contractor's assumption'of the risks thereof, and Contractor hereby waives any and all Claims it might have for any of the foregoing losses, costs, damages and expenses. 10.6. Excusable Delay. Contractor's sole remedy for Excusable Delay is an extension of the Contract or Job Order Time for each day of critical path delay, but only if the pre-requisites and notice requirements set forth below in this Article 10 have been timely and properly satisfied. An excusable delay is one that (i) directly impacts critical path activity delineated in the Project Schedule and extends the time for completion of the Work; (ii) could not reasonably have been mitigated by Contractor, including by re-sequencing, reallocating or redeploying and/or increasing the amount of its forces to other portions of the Work; and (iii) is caused by circumstances beyond the control and due to no fault of Contractor or its Subcontractors, material persons, Suppliers, or Vendors, including, but not limited to, force majeure events such as fires, floods, labor disputes, 67 I 2019-257-KB epidemics, hurricanes, or similar events beyond the control and due to no fault of the Contractor ("Excusable Delay").. If two or more separate events of Excusable Delay are concurrent with each other, Contractor shall only be entitled to an extension of time for each day of such concurrent critical path delay, and Contractor shall not be entitled to double recovery thereon. For illustration purposes only, if two events of Excusable Delay are concurrent for two days, Contractor shall only receive a time extension of a total of two days, and not four days. 10.10.1. Weather. Extensions to the Contract or Job Order Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract or Job Order Time pursuant to the Contract or Job Order or Job Order Documents. These time extensions are justified only when rains or other inclement weather conditions prevent Contractor from productively performing critical path activity delineated in the Project Schedule: (1) Contractor being unable to work at least fifty percent(50%) of the normal workday on critical path activity delineated in the Project Schedule due to adverse weather conditions; or (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 critical path activity delineated in the Project Schedule. 10.10.2. Compensable Excusable Delay. Notwithstanding the foregoing, Excusable Delay is compensable when (i) the delay extends the Contract or Job Order 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, provided, however, that in no event shall Contractor be compensated for (x) interim delays which do not extend the Contract or Job Order Time, or (y) for Excusable Delay if caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, in which case then Contractor shall be entitled only to a time extension and no further compensation for the Excusable Delay. 10.10.3. Unexcusable Delays. "Unexcusable Delay" shall mean any delays not included within the definition of Excusable Delay as set forth above including any delay which extends the completion of the Work or portion of the Work beyond the time specified in the Project Schedule, including, without limitation, the date for Substantial Completion or Final Completion, and which is caused by the act, fault, inaction or omission of the Contractor or any Subcontractor, Supplier or other party for whom the Contractor is responsible; any delay that could have been limited or avoided by Contractor's timely notice to the City of such delay; or any delay in obtaining licenses, permits or inspections caused by the actions or omissions of the Contractor or its Subcontractors, Suppliers or any other party for whom the Contractor is responsible An Unexcusable Delay shall not be cause for granting an extension of time to complete any Work or any compensation whatsoever, and shall subject the Contractor to damages in accordance with the Contract or Job Order or Job Order Documents. In no event shall the Contractor be excused for interim delays which do not extend the Project Schedule, including the date for Substantial Completion or Final Completion. 68 I 2019-257-KB 10.7. Prerequisites and Notice Requirements for Extensions of Time. Except as provided in the Contract or Job Order Documents with respect to Changes in the Work, an extension of the Contract or Job Order Time will only be granted by the City under the following circumstances: (a) if a delay occurs as a result of an Excusable Delay, and (b) the Contractor has complied with each of the following requirements below to the reasonable satisfaction of the City: a. Contractor shall provide written notice to the City of any event of delay or potential delay within five (5) days of the commencement of the event giving rise to the request. The Contractor, within ten (10) days of the date upon which the Contractor has knowledge of the delay, shall notify the City, in writing, of the cause of the delay stating the approximate number of days the Contractor expects to be delayed, and must make a request for an extension of time, if applicable, to the City, in writing, within ten (10) days after the cessation of the event causing the delay specifying the number of days the Contractor believes that its activities were in fact delayed by the cause(s) described in its initial notice. b. The Contractor must show to the reasonable satisfaction of the City that the activity claimed to have been delayed was in fact delayed by the stated cause of delay, that the critical path of the Work was materially affected by the delay, that the delay in such activity was not concurrent with any Unexcusable Delay, the delay was not the result of the performance of unit price Work, and that the delay in such activity will result in a delay of the date for Substantial Completion in the Project Schedule or Final Completion. c. The initial notice provided by the Contractor under Subsection (a) above shall provide an estimated number of days the Contractor believes it will be delayed, and describe the efforts of the Contractor that have been,or are going to be undertaken to overcome or remove the Excusable Delay and to minimize the potential adverse effect on the cost and time for performance of the Work resulting from such Excusable Delay. The mere written notice of an event of delay or potential delay, without all of the aforementioned required information, is insufficient and will not toll the time period in which the Contractor must provide proper written notice under this Article. CONTRACTOR'S STRICT COMPLIANCE WITH THIS ARTICLE 10 IS A CONDITION PRECEDENT TO RECEIPT OF AN EXTENSION OF THE CONTRACT OR JOB ORDER TIME. FAILURE OF THE CONTRACTOR TO COMPLY WITH ALL REQUIREMENTS AS TO ANY PARTICULAR EVENT OF DELAY, INCLUDING THE REQUIREMENTS OF THIS SECTION, SHALL BE DEEMED CONCLUSIVELY TO CONSTITUTE A WAIVER, ABANDONMENT OR RELINQUISHMENT OF ANY ENTITLEMENT TO AN EXTENSION OF TIME AND ALL CLAIMS RESULTING FROM THAT PARTICULAR EVENT OF PROJECT DELAY. Once the Parties have mutually agreed as to the adjustment in the Contract or Job Order Time due to an Excusable Delay, they shall enter into a Change Order documenting the same. If the City and Contractor cannot resolve a request for time extension made properly and timely under this Section within sixty(60) days following Contractor's initial notice of the events giving rise to the request for a time extension,the Contractor may re-submit the request as a Claim in accordance with the Contract or Job Order or Job Order Documents. 10.8. Contractor's Duty. Notwithstanding the provisions of this Agreement allowing the Contractor to claim delay,due to Excusable Delay, whenever an Excusable Delay shall occur, the - 69 I 2019-257-KB Contractor shall use all reasonable efforts to overcome or remove any such Excusable Delay, and shall provide the City with written,notice of the Contractor's recommendations on how best to minimize any adverse effect on the time and cost of performing the Work resulting from such Excusable Delay. In furtherance of the foregoing, whenever there shall be any Excusable Delay, the Contractor shall use all reasonable efforts to adjust the Project scheduling and the sequencing and timing of the performance of the Work in a manner that will avoid, to the extent reasonably • practicable, any Excusable Delay giving rise to an actual extension in the time for performance of the Work. If there are corresponding costs associated with any of the measures which the Contractor deems necessary or desirable to minimize any adverse effects resulting from any Excusable Delay, the Contractor shall advise the City of such anticipated associated costs and shall not proceed with such measures absent the City's executing a Change Order in connection therewith. Nothing in this Section shall, however, be deemed to entitle the Contractor to any adjustment in the Contract Job Order Price or any other damages, losses or expenses resulting from an Excusable Delay; nor shall it be deemed to obligate the City to agree to undertake any recommendations suggested by the Contractor as a means of minimizing the adverse effects of any Excusable Delay. 10.9. Differing Site Conditions. In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project Site which could not have reasonably been identified by Contractor upon prior investigation, and materially differ from those indicated in the Contract or Job Order or Job Order Documents, or if unknown physical conditions of an unusual nature are encountered on the Project Site and differ materially from those ordinarily encountered.and generally recognized as inherent in work of the character called for in the Contract or Job Order or Job Order Documents, then Contractor shall promptly notify the City within two (2) business days of the specific materially differing site conditions, before the Contractor disturbs the conditions or performs the affected Work. 10.13.1. Consultant and City 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 Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, Consultant shall recommend an equitable adjustment to the Contract Job Order Price, or the Contract or Job Order Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Job Order Price or Contract or Job Order Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Contract or Job Order or Job Order Documents. Should Consultant determine that the conditions of the Project Site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. 10.13.2. An adjustment for differing site conditions shall not be allowed, and any Claim relating thereto shall be deemed conclusively waived, if the Contractor has not provided the required written notice within two (2) business days of discovery of the site conditions, or has disturbed the site conditions prior to City's examination thereof. If a differing site condition qualifies for an equitable adjustment pursuant to the Contract or Job Order or Job Order Documents, and the Contractor's costs cannot reasonably be established at the time of notice to the City thereof, the 70 I-2019-257-KB - Contractor shall submit its proposed pricing and/or request for extension of time within ten (10) days after the proposed solution is identified to the differing site condition described in the Contractor's initial notice to the City. 10.13.3. For purposes of this Section, a "materially differing" site condition is one that (1) is not identified in the Contract or Job Order Documents and is not reasonably inferable therefrom; and (2) could not have reasonably been identified by Contractor upon prior investigation, provided Contractor reasonably undertook such prior site investigation; and (3) requires a change to the Work that increases Contractor's costs and/or impacts the critical path for completion of the Work. 10.13.4. Where Site Conditions delay the Project, and said delay could have been avoided by reasonable investigations of the Project Site at any time prior to commencement of the Work in question, such delay shall not be considered to be an Excusable Delay beyond the control of the Contractor, and no time extension shall be granted. No request for an equitable adjustment or change to the Contract or Job Order Time for differing Site Conditions shall be allowed if made after the date certified as the Substantial Completion date. ARTICLE 11. CLAIMS AND RESOLUTION OF DISPUTES. 11.1 Claims must be initiated by written notice and, unless otherwise specified in the Contract or Job Order or Job Order Documents, submitted to the other Party within ten (10) days of the event giving rise to such Claim or within ten (10) days after the claimant reasonably should have recognized the event or condition giving rise.to the Claim, whichever is later. Such Claim shall include sufficient information to advise the other party of the circumstances giving rise to the Claim, the specific contractual adjustment or relief requested including, without limitation,the amounts and number of days of delay sought, and the basis of such request. The Claim must include all job records and other documentation supporting entitlement, the amounts and time sought. In the event additional time is sought, the Contractor shall include a time impact analysis to support such Claim. The City shall be entitled to request additional job records or documentation to evaluate the Claim. The Claim shall also include the Contractor's written notarized certification of the Claim in accordance with the False Claims Ordinance, Sections 70-300 et seq., of the City Code. 11.2 Claims not timely made or otherwise not submitted in strict accordance with the. requirements of this Article or other Contract--or Job Order Documents shall be deemed conclusively waived, the satisfaction of which shall be conditions precedent to entitlement. 11.3 Contractor assumes all risks for the following items, none of which shall be the subject of any Change Order or Claim and none of which shall be compensated for except as they may have been included in the Contractor's Contract Job Order Price as provided in the Contract or Job Order or Job Order Documents: Lass of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare, negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted Work. 71 I 2019-257-KB 11.4 Continuing the Work During Disputes. 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, a request for a change in the Contract Job Order Price or Contract or Job Order Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. Contractor's failure to comply with this Section shall constitute an Event of Default. ARTICLE 12. PERMITS, LICENSES, FEES,TAXES. 12.1 Except,as otherwise provided within the Contract or Job Order or Job Order Documents, 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 or Job Order or Job Order shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2 Impact fees levied by the City 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 or Miami-Dade County as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 12.3 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 Construction Documents for said work. 12.4 Taxes. Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. ARTICLE 13.TERMINATION. 13.1. Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract or Job Order Documents with respect to cancellation and termination of the Contract, the City may, in its sole discretion, terminate for the City's convenience the performance of Work under this Contract, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Contract, and may be issued by the City with or without cause. a. Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations; regardless of any delay in determining or adjusting any amounts due under this Article: 72 I 2019-257-KB • i. Stop the Work specified as terminated in the Notice of Termination for Convenience; ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; iii. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; iv. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subContract or Job Order or Job Order and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or ' purchase orders; v. Place no further subcontracts or purchase orders for materials, services, or facilities, except as necessary to complete the portion of the Work not terminated (if any) under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other - material produced or required for the Work terminated; and (2) the completed or ' partially completed Project records that, if this Contract or Job Order or Job Order had been completed,would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City(if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including fife safety and any property related to this Contract or, Job Order or Job Order that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance'with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values, within 30 days of the effective date of termination, unless extended in writing by the City upon request. Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under 73 12019-257-KB • this Contract, except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 13.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default, the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed twenty-one (21) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City to terminate Contractor for cause: a. Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract or Job Order Documents or within the time required therein; or failing to use the Subcontractors, entities and personnel as identified and to the degree specified, in the Contract or Job Order or Job Order Documents, subject to substitutions approved by the City in accordance with this Contract or Job Order or Job Order and the other Contract or Job Order or Job Order Documents; b. Failing, for reasons other than an Excusable Delay, to begin the Work required promptly following the issuance of a Notice to Proceed; c. Failing to perform the Work with sufficient manpower,workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any of the Project within the specified time; d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the specified time; e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract or Job Order or Job Order Documents; f. Discontinuing the prosecution of the Work, except in the event of: 1) the issuance of a stop-work order by the City; or 2) the inability of the Contractor to prosecute the Work because of an event giving rise to an Excusable Delay as set forth in this Contract or Job Order or Job Order for which Contractor has provided written notice of same in accordance with the Contract or Job Order or Job Order Documents; g. Failing to provide sufficient evidence upon request that, in the City's sole opinion, demonstrates the Contractor's financial ability to complete the Project; h. An indictment is issued against the Contractor; i. Failing to make payments to for materials or labor in accordance with the respective agreements; j. Failing to provide the City with a Recovery Schedule in accordance with the Contract or Job Order or Job Order Documents; k. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; I. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Contract; m. Failing to comply in any material respect with any of the terms of this Contract or Job Order or Job Order or the Contract or Job Order or Job Order Documents. n. Failure to submit Job Order Proposals by the due dates; and o. Failure to submit, in the sole opinion of the City, accurate Job Order Price Proposals that can be approved on the first or second submission. •74 I 2019-257-KB In no event shall the time period for curing a Default constitute an extension of the time for achieving Substantial Completion or a waiver of any of the City's rights or remedies hereunder for a Default which is not cured as aforesaid. 13.3. Termination of Contract or Job Order or Job Order for Cause. a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as defined herein, or for any other breach of the Contract or Job Order or Job Order or other Contract or Job Order Documents by the Contractor that the City, in its sole opinion, deems substantial and material, following written notice to the Contractor and the failure to timely and properly cure to the satisfaction of the City, in the time period set forth herein, or as otherwise specified in the Notice of Default. b. Upon the occurrence of an Event of Default, and without any prejudice to any other rights or remedies of the City, whether provided by this Contract, the other Contract or Job Order Documents or as otherwise provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to the Surety, rendering termination effective immediately, and may take any of the following actions, subject to any prior rights of the Surety: i. Take possession of the Project Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; ii. Accept assignments of subcontracts; iii. Direct Contractor to transfer title and deliver to the City (1) the fabricated and non- fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Contract or Job Order or Job Order had been completed,would be required to be furnished to the City; and iv. Finish the Work by whatever reasonable method the City may deem expedient. c. Upon the issuance of a Notice of Termination for Cause, the Contractor shall: i. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished or partially completed documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subContract or Job Order or Job Order and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other' material produced or required for the Work terminated; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and property related to this Contract or Job Order or Job Order that is in the Contractor's possession and in which the City has or may acquire an interest. • 75 12019-257-KB d. All rights and remedies of the City's.Termination rights herein shall apply to all Defaults that are non-curable in nature, or that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. 13.4. Recourse to Performance and Payment Bond; Other Remedies. a. Upon the occurrence of an Event of Default, and irrespective of whether the City has terminated the Contractor, the City may(i)make demand upon the Surety to perform its obligations under the Performance Bond and Payment Bond, including completion of the Work, without requiring any further agreement (including, without limitation, not requiring any takeover agreement) or mandating termination of Contractor as a condition precedent to assuming the bond obligations; or (ii) in the alternative, the City may take over and complete the Work of the Project, or any portion thereof, by its own devices, by entering into a new Contract or Job Order or Job Order or contracts for the completion of the Work, or using such other methods as in the City's sole opinion shall be required for the proper completion of the Work, including succeeding to the rights of the Contractor under all subcontracts. b. The City may also charge against the Performance and Payment Bond all fees and expenses for services incidental to ascertaining and collecting losses under the Performance and Payment Bond including, without limitation, accounting, engineering, and legal fees, together with any and all costs incurred in connection with renegotiation of the Contract. 13.5. Costs and Expenses. a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default), together with the costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor under this Contract, irrespective of whether the City ultimately terminates Contractor. • b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor, and the Contractor shall not be entitled to receive, any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Contract or Job Order or Job Order for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 13.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Contract, or that any delay hereunder was an Excusable Delay, the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained herein. The Contractor shall have no further recourse of any nature for wrongful termination. 76 I 2019-257-KB 13.7. Remedies Not Exclusive. Except as otherwise provided in the Contract or Job Order or Job Order Documents, no remedy under the terms of this Contract or Job Order or Job Order is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 13.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract or Job Order Documents is material. The City's failure to enforce any provision of this Contract or Job Order or Job Order shall not be deemed a waiver of such provision or Amendment of this Contract. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Contract or Job Order or Job Order shall not be deemed a waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this Article at any time shall not constitute a waiver of such rights and remedies. 13.9. Contractor Right to,Terminate Contract or Job.Order or Job Order or Stop Work. If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an • Approved Application for Payment in accordance with the Contract or Job Order Documents and after receipt of all supporting documentation required by the Contract or Job Order or Job Order Documents, and if the City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding, then, unless the City is withholding such payment pursuant to any provision of this Contract or Job Order or Job Order which entitles the City to so withhold such payment, the Contractor shall have the right upon the expiration of the aforesaid ninety (90) day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Contract or Job Order or Job Order and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract or Job Order or Job Order Documents). In the alternative to termination, Contractor shall not be obligated to recommence the Work until such time as the City shall have made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. No act, event, circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for. ARTICLE 14. MISCELLANEOUS. 14.1. Separate Contracts. 14.1.1. The City reserves the right to perform construction or operations related to the Project with the City's own forces, to award separate contracts to other contractors or subcontractors, and to permit third parties to perform construction or operations: in connection with other portions of the 77 I 2019-257-KB 1 Project or other construction or operations on the Project Site or adjacent to the Project Site. 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. 14.1.2. 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 Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to 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 Work. 14.1.3. 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 contractors, including the City's own forces, 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. Coordination with other contractors shall not be grounds for an extension of time or any adjustment in the Contract Job Order Price. Contractor agrees that its pricing of the Work and the determination of the Contract Job Order Price were expressly based upon the Contractor's assumption of the foregoing cost risks 14.1.4. Contractor shall afford other contractors reasonable access to the Project Site for the execution of their work. Following the request of the City or Consultant, the Contractor shall prepare a plan in order to integrate the work to be performed by the City or by the other contractors with the performance of the Work, and shall submit such plan to the City for approval. The Contractor shall arrange the performance of the Work so that the Work and the work of the City and the other contractors are, to the extent applicable, properly integrated,joined in an acceptable manner and performed in the proper sequence, so that any disruption or damage to the Work or to any work of the City or of other contractors is avoided. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract or Job Order or Job Order Documents. 14.2. Lands for Work. • 14.2.1. City shall provide, as may be indicated in the Contract or Job Order or Job Order 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. 14.2.2. 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. 14.3. Assignment. Neither the City nor the Contractor shall assign its interest in this Contract or Job Order or Job Order without the written consent of the other, except as to the assignment of proceeds. Notwithstanding the foregoing, City may assign its interest in this Contract or Job Order 78 I 2019-257-KB or Job Order or any portion thereof to any local or state governmental body, special taxing district, or any person authorized by law to construct or own the Project. Such assignee shall be bound to comply with the terms of this Contract. 14.4. Rights of Various Interests. [CIP—ISNT THIS SAME AS SEPARATE CONTRACTORS PROVISION?] Whenever work being done by City's forces or by separate contractors is contiguous to or within the area where the Contractor will perform any of the Work pursuant to the Contract or Job Order or Job Order Documents, , the respective rights of the various interests involved shall be established by the Contract or Job Order or Job Order Administrator to secure the completion of the various portions of the work in general harmony. 14.5. Legal Restrictions and Traffic Provisions. 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. 14.6. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Job Order Price by making such' request to the Consultant during the Job Order development process. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Job Order Price or Job Order Completion Time. . ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR,WHO SHALL FORWARD SAME TO CONSULTANT. 14.7. No Interest. Any monies not paid by City when claimed to be due to Contractor under this Contract, including, but not limited to, any and all claims for Contract or Job Order or Job Order damages of any type, shall not be subject to interest including, but not limited to prejudgment - interest. However,the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 14.8. Project Sign. Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines. • 14.9. Availability of Project Site; Removal of Equipment. 14.9.1. Use of the Project Site or any other City-owned property or right-of-way for the purpose of storage of equipment or materials, lay-down facilities, pre-cast material fabrication, batch plants for the production of asphalt, concrete or other construction-related materials, or other similar activities, shall require advance written approval by the Contract or Job Order or Job Order Administrator. The City may, at any time, in its sole and absolute discretion, revoke or rescind such approval for any reason. Upon notice of such rescission, Contractor shall, within twenty-four,' 79 I 2019-257-KB J (24) hours, remove and relocate any such materials and equipment to a suitable, approved location. Notwithstanding any other provision in the Contract or Job Order Documents to the contrary, the conditions or requirements of right-of-way permits established by the authorities having jurisdiction including, without limitation any regulatory authorities of the City, shall take precedence over any provision in the Contract or Job Order Documents that may provide any right whatsoever to use of the Project Site for staging, material and equipment storage, lay-down or other similar activities. 14.9.2. In case of termination of this Contract or Job Order or Job Order 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. 14.10. Nondiscrimination. In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership,familial situation, or political affiliation. 14.11. Project Records. 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. 14.12. Performance Evaluations. An interim performance evaluation of the successful Contractor may be submitted by the Contract or Job Order or Job Order Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 14.13. Public Entity Crimes. 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 or Job Order or Job Order to provide any goods or services to the City, may not submit a bid on a Contract or Job Order or Job Order with the City for the construction or repair of 80 I 2019-257-KB 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 or Job Order or Job Order 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. 14.14. Independent Contractor. Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract or Job Order or Job Order shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract or Job Order or Job Order shall not constitute or make the parties a partnership or joint venture. Contractor hereby accepts complete responsibility as a principal for its agents, Subcontractors, vendors, materialmen, suppliers, their respective employees, agents and persons acting for or on their behalf, and all others Contractor hires to perform or to assist in performing the Work. 14.15. Third Party Beneficiaries. Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract or Job Order or Job Order 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. 14.16. Severability. In the event a portion of this Contract or Job Order or Job Order 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 or Job Order or Job Order based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 81 I 2019-257-KB APPENDIX D Contract 82 I 2019-257-KB CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the day of , 2019, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and (the "Contractor"): WTTNESSETH, that the Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform'all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB No. and Title: The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's 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 Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. 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. The Contract is an indefinite-quantity contract for construction work and services. The Contractor shall perform all work required, necessary, proper for or incidental to completing the Detailed Scope of Work called for in each individual Job Order issued pursuant to this Contract for the Unit Prices set forth in the Construction Task Catalog® and the following Adjustment Factors: Normal Working Hours Adjustment Factor: means the hours contained in the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours from 7:00 a.m. to 4:00 p.m. Monday through Friday, except for City Holidays: Other Than Normal Working Hours Adiustment Factor: means the hours outside the applicable noise ordinance, and in the event there is no applicable noise ordinance, means the hours of 4:01 D.M. to 6:59 a.m. Monday through Friday and all day Saturday, Sunday, and City Holidays: 83 I 2019-257-KB Partial and Final Payments will be made as provided for in the Contract Documents. 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, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: Attn: With copies to: City Attorney • City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Attn: 84 I 2019-257-KB IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA By: Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager [seal] ATTEST: By: Name: Name: (seal] 85 I 2019-257-KB APPENDIX E a# I . 4,,,A, ` 1 IV #�' a ,. '.$4 P" meq. _ x 'a.k JOC INSTRUCTIONS TO BIDDERS 86 I 2019-257-KB JOC INSTRUCTIONS TO BIDDERS 1. Contract Overview: A Job Order Contract is an indefinite quantity contract pursuant to which the Contractor may perform an ongoing series of individual Projects at different locations throughout the City. The Contract Documents include a Construction Task Catalog° containing construction tasks with preset Unit Prices. All Unit Prices are based on local labor, material and equipment prices and are for the direct cost of construction. The Contractor will bid two Adjustment Factors to be applied to the Unit Prices. One Adjustment Factor for performing work during Normal Working Hours and a second Adjustment Factor for performing work during Other Than Normal Working Hours. The same two Adjustment Factors shall apply to every Pre-priced Task in the Construction Task Catalog®. A Contract(s) will be awarded to the lowest, responsive, responsible Bidder(s). Thereafter, as projects are identified the Contractor will jointly scope the work with the City. The City will prepare a Detailed Scope of Work and issue a Request for Proposal to the Contractor. The Contractor will then prepare a Job Order Proposal for the Project including a Job Order Price Proposal, drawings and sketches, a list of subcontractors and materialmen, construction schedule, and other requested documentation. The Job Order Price shall equal the value of the approved Job Order Price Proposal. The value of the Job Order Price Proposal shall be calculated by summing the total of the calculation for each Pre-priced Task (Unit Price x quantity x Adjustment Factor) plus the value of all Non Pre-priced Tasks. If the Job Order Proposal is found to be complete and•reasonable, a Job Order may be issued. A Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time, and the Job Order Price. The Job Order Price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work. A separate Job Order will be issued for each Project. Extra work, credits, and deletions will be contained in a Supplemental Job Order. 2. Contract Term: The Base Term of the Contract is two (2) years. There are three (3) Option Terms. Both parties must agree to extend the Contract for an Option Term. The duration of each Option Term is one (1) year. The City and Contractor may agree to extend the term of an Option Term. All Job Orders issued during the term of this Contract shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such period has expired. All terms and conditions of the Contract apply to each Job Order. 3. Contract Value: The Estimated Annual Value of the City's JOC program is $15,000,000. The City may issue Job Orders up to or exceeding the Estimated 87 I 2019-257-KB Annual Value. The City does not guarantee to issue this volume of Job Orders. It is merely an estimate. 4. Adjustment Factors: There are two (2) Adjustment Factors for this Contract. When preparing a Job Order Price Proposal, the Contractor shall select the appropriate Adjustment Factor for each task. The Adjustment Factors are as follows: • Normal Working Hours Adjustment Factor: Monday through Friday, 7:00 am to 4:00 pm except holidays. • Other than Normal Working Hours Adjustment Factor: Monday through Friday, 4:01 pm to 6:59 am, and all day Saturday, Sunday, and holidays. The Other than Normal Working Hours Adjustment Factor must be equal to or greater than the Normal Working Hours Adjustment Factor. For evaluation purposes only, the following weight distributions shall be used to determine the Total Base Bid: Adjustment % Weight Factor (For Evaluation Only) Normal Working Hours 80% Other than Normal Working Hours 20% All Unit Prices listed in the Construction Task Catalog® are priced at a net value of 1.0000. The Adjustment Factors shall be an increase or decrease to all the Unit Prices listed in the Construction Task Catalog®. For example, 1.1000 would be a 10% increase to the Unit Prices and 0.9500 would be a 5% decrease to the Unit Prices. Bidders who submit separate Adjustment Factors for separate Unit Prices ° will be considered non-responsive and their bid will be rejected. 5. JOC System License Fee: The City selected The Gordian Group's (Gordian) Job Order Contracting (JOC) System for their JOC program. The Gordian JOC Solution includes Gordian's proprietary Gordian Cloud and Bid Safe® JOC Applications and Construction Task Catalog®, which shall be used by the Contractor to prepare and submit Job Order Proposals, subcontractor lists, and other requirements specified by the}City. The Contractor shall be required to execute Gordian's JOC System License and Fee Agreement. and pay a 1% JOC System License Fee of all Job Order issued to obtain access to the Gordian JOC Solution. The 1% JOC System License Fee shall be included in the Contractor's Adjustment Factors. 88 I 2019-257-KB APPENDIX F AA ‘ , ...t . 2 -7 ',., ::::,,,,,,,1 M . . 1 E ,,f .„ ,,, . . JOC SUPPLEMENTAL CONDITIONS t, • 89 I 2019-257-KB JOC SUPPLEMENTAL CONDITIONS: 1. CONTRACTOR SELECTION 1.1. Job Order Contracting: The City may award an individual Job Order to any selected Contractor. Selection of the Contractor and award of the Job Order will be in compliance with established City procedures and based on one or more of the following criteria: 1.1.1. Rotational selection among all Contractors, unless otherwise determined by the City. 1.1.2. Evaluation of past and current performance on Job Orders of a similar nature and type of work, project size, construction management challenges, schedule performance, design management requirements, etc. 1.1.3. Balancing of work load (Job Order dollar volume and construction backlog) among Contractors. 1.1.4. Management of Job Order dollar volume within bonding limitations of the Contractor. 1.1.5. Price, as it relates to the City's independent cost estimate or to an offer from any other contractor. 1.1.6. Not-To-Exceed.offers (NTE Offer) submitted by two or more Contractors through Bid Safe®. 1.1.7. Contractor's responsiveness to the City on Job Orders. 1.1.8. Other appropriate criteria as deemed in the best interest of the City. 2. INITIATION OF A JOB ORDER 2.1. As the need exists, the City will notify the Contractor of a Project, schedule a Joint Scope Meeting and issue a Notice of Joint Scope Meeting. 2.2. The Contractor shall attend the Joint Scope Meeting and discuss, at a minimum: 2.2.1. the general scope of the work; . 2.2.2. alternatives for performing the work and value engineering; 2.2.3. access to the site and protocol for admission; 2.2.4. hours of operation; 90 I 2019-257-KB 2.2.5. staging area; 2.2.6. requirements for catalog cuts, technical data, samples and shop drawings; 2.2.7. requirements for professional services, sketches, drawings, and specifications; 2.2.8. construction duration; 2.2.9. liquidated damages; 2.2.10. the presence of hazardous materials; 2.2.11. date on which the Job Order Proposal is due. 2.3. Upon completion of the joint scoping process, the City will prepare a draft Detailed Scope of Work referencing any sketches, drawings, photographs, and specifications required to document accurately the work to be accomplished. The Contractor shall review the Detailed Scope of Work and request any required changes or modifications. When an acceptable Detailed Scope of Work has been prepared, the City will issue a Request for Job Order Proposal that will require the Contractor to prepare a Job Order Proposal. 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 Proposal and the City will evaluate the same. The Contractor does not have the right to refuse to perform any task or any work in connection with a particular Project. • 2.4. The City may, at its option, include quantities in the Detailed Scope of Work if it helps to define the Detailed Scope of Work, if the actual quantities required are not known or cannot be determined at the time the Detailed , Scope of Work is prepared, if the.Contractor and the City cannot agree on the quantities required, or for any other reason as determined by the City. In all such cases, the City shall issue a Supplemental Job Order adjusting the quantities appearing in the Detailed Scope of Work to the actual quantities. 3. PREPARATION OF THE JOB ORDER PROPOSAL 3.1. The Contractor's Job Order Proposal shall include, at a minimum: 3.1.1. Job Order Price Proposal; 3.1.2. Required drawings or sketches; 3.1.3. List of anticipated Subcontractors; 3.1.4. Construction schedule; 3.1.5. Other requested documents. 91 I 2019-257-KB • 3.2. The Job Order Price shall be the value of the approved Job Order Price Proposal. 3.3. The value of the Job Order Price Proposal shall be calculated by summing the total of the calculations for each Pre-priced Tasks (unit price x quantity x Adjustment Factor) plus the value of all Non Pre-priced Tasks. 3.4. The Contractor will prepare Job Order Price Proposals in accordance with the following: 3.4.1. Pre-priced.Task: A task described in, and for which a unit price is set forth in, the Construction Task Catalog®. The Contractor will select the appropriate Pre-priced Tasks, and enter the accurate quantity, and the appropriate Adjustment Factor. 3.4.2. Non Pre-priced Task: A task that is not set forth in the Construction Task Catalog®. 3.4.3. Information submitted in support of Non Pre-priced Tasks shall include, but not be limited to, the following: 3.4.3.1. Catalog cuts, specifications, technical data, drawings, or other information as required to evaluate the task. 3.4.3.2. If the Contractor will perform the work with its own forces, it shall submit three independent quotes for all material to be installed and shall, to the extent possible, use Pre- priced Tasks for labor and equipment from the Construction Task Catalog®. If the work is to be subcontracted, the Contractor must submit three independent quotes from subcontractors. The Contractor shall not submit a quote or bid from any supplier or subcontractor that the Contractor is not prepared to use. The City may require additional quotes and bids if the suppliers or subcontractors are not acceptable or if the prices are not reasonable. If three quotes or bids cannot be obtained, the Contractor will provide the reason in writing for the City's approval. If approved, less than three quotes or bids will be allowed. 3.4.3.3. The final price submitted for Non Pre-priced Tasks shall be according to the following formula: A = Hourly Labor Rate (for Trades not in the Construction Task Catalog®) x the Quantity required B = Direct Material Costs (supported by three quotes) C = Direct Equipment Costs (for Equipment not in the Construction Task Catalog®) x the Quantity required 92 12019-257-KB D = Subcontractor Costs (supported by three quotes) E = Allowable Overhead and Profit = (A + B + C) x 15% F = Subcontractor Allowance = D x 10% • Total Cost of Non Pre-Priced Task = A + B + C + D + E + F 3.4.3.4. After a Non Pre-priced Task has been approved by the City, the Unit Price for such task will be established, and fixed as a permanent Non Pre-priced Task which will no longer require price justification. 3.4.3.5. The City's determination as to whether a task is a Pre- priced Task or a Non Pre-priced Task shall be final, • binding and conclusive as to the Contractor. 3.5. Whenever, because of trade jurisdiction rules or small quantities, the cost of a minor task in the Job Order Price Proposal is less than the cost of the actual labor and material to perform such task, the City may permit the Contractor to be paid for such task as a Non Pre- priced Task, or use Pre- priced labor tasks and material component pricing to cover the actual costs incurred. Provided, however, that there is no other work for that trade on the Project or other work for that trade cannot be scheduled at the same time and the final charge does not exceed $1,000. 3.6. Contractor shall make the necessary arrangements for and obtain all filings and permits required for the Work, including the preparation of all drawings, sketches, calculations and other documents and information that may be required therefor. If the Contractor is required to pay an application fee for filing a project, a fee to obtain a building permit, or any other permit fee to the City, State or some other governmental or regulatory agency, then the amount of such fee paid by the Contractor for which a receipt is obtained shall be treated as a reimbursable fee work task. The cost of expediting services or equipment use fees are not reimbursable. 3.7. The adjustment for reimbursable fee work tasks is 1.0101. 3.8. The Contractor shall provide incidental engineering and architectural services required in connection with a particular Job Order including drawings and information required for filing. 3.9. The Contractor's Job Order Proposal shall be submitted by the date indicated on the Request for Job Order Proposal. All incomplete Job Order Proposals shall be rejected. The time allowed for preparation of the Contractor's Job Order Proposal will depend on the complexity and urgency of the Job Order but should average between seven and fourteen days. On complex Job Orders, such as Job Orders requiring incidental engineering/architectural drawings and approvals and permits, allowance will be made to provide adequate time for preparation and submittal of the necessary documents. 93 12019-257-KB 3.10. In emergency situations and minor maintenance and repair Job Orders requiring immediate completion, the Job Order Proposal may be required quickly and the due date will be so indicated on the Request for Job Order Proposal or, as described below, the Contractor may be directed to begin work immediately with the paperwork to follow. 3.11. If the Contractor requires clarifications or additional information regarding the Detailed Scope of work in order to prepare the Job Order Proposal, the request must be submitted so that the submittal of the Job Order Proposal is not delayed. 4. REVIEW OF THE JOB ORDER PROPOSAL AND ISSUANCE OF THE JOB ORDER 4.1. The City will evaluate the entire Job Order Price Proposal and compare these with the City's estimate of the Detailed Scope of Work to determine the reasonableness of approach, including the appropriateness of the tasks and quantities proposed. 4.2. The Contractor may choose the means and methods of construction; subject however, to the City's right to reject any means and methods proposed by the Contractor that: 4.2.1. Will constitute or create a hazard to the work, or to persons or property; 4.2.2. Will not produce finished Work in accordance with the terms of the Contract; or 4.2.3. Unnecessarily increases the price of the Job Order when alternative means and methods are available. 4.3. The City reserves the right to reject a Job Order Proposal or cancel a Project • for any reason. The City also reserves the right not to issue a Job Order if it is determined to be in the best interests of the City. The City may perform such work by other means. The Contractor shall not recover any costs arising out of or related to the development of the Job Order including but not limited to the costs to attend the Joint Scope Meeting, review the Detailed Scope of Work, prepare a Job Order Proposal (including incidental architectural and engineering services), subcontractor costs, and the costs to review the Job Order Proposal with the City. 4.4. By submitting a Job Order Proposal to the City, the Contractor agrees to accomplish the Detailed Scope of.Work in accordance with the Request for Job Order Proposal at the lump sum price submitted. It is the Contractor's responsibility to include the necessary Pre- Priced Tasks and Non Pre-priced Tasks and quantities in the Job Order Price Proposal prior to delivering it to the City. 4.5. Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the Job Order Price and the Job Order 94 I 2019-257-KB Completion Time. All clauses of this Contract shall be applicable to each Job Order. The Job Order, signed by the City and delivered to the Contractor constitutes the City's acceptance of the Contractor's Job Order Proposal. A signed copy of the Job Order will be provided to the Contractor. 4.6. In the event that immediate emergency response is necessary, the Contractor shall be required to follow alternative procedures as established by the City. The Contractor shall begin work as directed notwithstanding the absence of a fully developed Request for Job Order Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be compensated for such work as if the work had been ordered under the standard procedures. 5. BID SAFE® 5.1. The City may issue a Request For Proposal to two or more Contractors for a Job Order. Selection of the Contractor and award of the Job Order will be in compliance with established City procedures. 5.2. The City reserves the right to utilize Bid Safe on a Job Order by Job Order basis. 5.3. The City will consider several factors when determining the applicability of Bid Safe to a Job Order including, but not limited to, the following: 5.3.1. Estimated Job Order Amount; 5.3.2. Scope Documentation, including but not limited to NE design; 5.3.3. Nature and complexity of the Work; 5.3.4. Contractors' abilities to self-perform the Work; 5.3.5. Contractors' proven capabilities on similar Work; 5.3.6. Schedule; and 5.3.7. Other appropriate criteria as deemed in the best interest of the City. 5.4. The Detailed Scope of Work will be developed by City personnel and included with the Request For Proposal. 5.5. The City may conduct one or more site visits with all contractors designated to receive the Request For Proposal. 5.6. All contractors that receive the Request For Proposal will have the opportunity to submit requests for information. Should the City choose to respond to any or all of the requests for information, the responses, and any changes to the Request For Proposal, will be provided in an addendum to all contractors designated to receive the Request For Proposal. 5.7. The Contractor will utilize the Bid Safe application in the Gordian Cloud management software to provide an NTE Offer, along with any additional requested documentation, in response to the Request For Proposal. 5.8. The City will issue an Intent to Award to the Contractor submitting the NTE 95 I 2019-257-KB ,Offer that provides the best value to the City based on, but not limited to, price and any technical factors considered. 5.9. The NTE Offer is valid for ninety (90) days from the date of opening unless stated otherwise in the Job Order. 5.10. The Contractor that receives an Intent to Award will submit a Job Order Price Proposal to the City. Provided that any necessary Job Order Price Proposal modifications are completed in a timely and thorough manner, the Job Order may be issued to the Contractor. 5.11. The Job Order Amount shall be equal to the lessor of the NTE Offer and the Job Order Price Proposal amount. 5.12. Where the NTE Offer is less-than the Job Order Price Proposal, the difference between the NTE Offer and Job Order Price Proposal shall be deemed a discount offered by the Contractor. The discount amount shall be a percent-based discount that will be calculated by the following equation: Percent Discount = (Job Order Price Proposal Amount - NTE Offer) T Job Order Price Proposal Amount The discount shall be applied to subsequent Job Orders (additions or deletions) required to complete the Work, provided.the Job Order contains materials, equipment and tasks that are similar in nature to the original Detailed Scope of Work. 5.13. If the City exercises its right to award a Job Order utilizing Bid Safe, collaboration between Contractors is specifically prohibited. Contractor collaboration undermines competition, and evidence of such will be considered a material breach of this Contract and grounds for termination for cause. 6. ENR CCI ADJUSTMENT OF THE ADJUSTMENT FACTORS 6.1. Economic Price Adjustment: The Adjustment Factors may be updated on each anniversary of the award date to account for changes in construction costs, provided, the Contractor requests in writing, approximately fourteen to thirty days prior to the anniversary of the award date, that the Adjustment Factors be updated: Such request shall be delivered to the City and to Gordian. In the event the Contractor fails to deliver the request timely, then the City shall determine the date on which the Adjustment Factors will be updated, but in no event will such date be later than thirty days after the written request to update the Adjustment Factors is received by the City. Thereafter, the Contractor's Normal Working Hours and Other than Normal Hours Adjustment Factors will be adjusted according to the following: 6.1.1. A Base Year Index shall be calculated by averaging the 12-month Construction Cost Indices (CCI) for the average of the twenty cities (published in the Engineering News Record (ENR) for the-12 months • immediately prior to the month of the bid due date (e.g. April bid date, • 96 I 2019-257-KB Base Year Index is April of the prior year to March of the bid date year). ,- 6.1.2. A Current Year Index shall be calculated by averaging the 12-month Construction Cost Indices (CCI) for the average of the twenty cities published in the Engineering News Record (ENR) for the 12 months beginning with the month of anniversary of the bid due date (e.g. April bid date, Current Year Index is April of the prior year to March of the current year). 6.1.3. The Economic Price Adjustment shall be calculated by dividing the Current Year Index by the Base Year Index. 6.1.4. The Contractor's original Adjustment Factors shall be multiplied by the Economic Price Adjustment to obtain the Contractor's new Adjustment Factors effective for the next 12 months. 6.1.5. Averages shall be obtained by summing the 12 month indices and dividing by 12. 6.1.6. All calculations in this article shall be carried to the fifth decimal place and rounded to the fourth decimal place. The following rules shall be used for rounding: 6.1.7. The fourth decimal place shall be rounded up when the fifth decimal place is five (5) or greater. 6.1.8. The fourth decimal place shall remain unchanged when the fifth decimal place is less than five (5). 6.2. ENR occasionally revises indices. ENR CCIs' used in the calculations described above shall be those currently published at the time the Economic Price Adjustment calculation is performed. No retroactive adjustments will be made as a result of an ENR revision. Revised CCI indices, if any, shall be used in subsequent calculations. 6.3. Under all circumstances, should the Contractor submit a Job Order Proposal with inaccurate Adjustment Factors, the act of submission by the Contractor is a waiver of all rights to any further compensation above the Job Order Price submitted in the Job Order Proposal. 6.4. The Contractor cannot delay submission of the Job Order Proposal past the due date to take advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall use the Adjustment Factors that would have been in effect without the delay. 7. • JOC SYSTEM LICENSE FEE The City selected The Gordian Group's (Gordian) Job Order Contracting (JOC) System for their JOC program. The Gordian JOC Solution includes Gordian's proprietary Gordian Cloud and Bid Safe® JOC Applications and Construction Task 97 I 2019-257-KB Catalog®, which shall be used by the Contractor to prepare and submit Job Order Proposals, subcontractor lists, and other requirements specified by the City. The Contractor shall be required to execute Gordian's JOC System License and Fee Agreement to obtain access to the Gordian JOC Solution. The Contractor shall pay a 1% JOC System License Fee of all.Job Orders issued in connection with this Contract. The JOC System License fee is to be included in the Contractor's proposed Adjustment Factors. 8. ORDER OF PRECEDENCE In the event of conflicting provisions within the Contract Documents, the JOC Supplemental Conditions shall take precedence. 9. COOPERATIVE PURCHASING 9.1. Other agencies or members of cooperative purchasing entities ("Entities") may purchase construction services from the Contractor utilizing this Contract ("ezIQC Projects". If the Contract is utilized by Entities, the Contractor agrees to pay Gordian a 6.25% license fee (eZIQC® Fee) due and payable within five (5) days from the date the Contractor receives payment from an Entity. License Fees not paid by the specified deadline shall bear an interest rate of 1'/z% per month until paid. The.Contractor shall include the ezIQC Fee as a reimbursable task in the Job Order Price Proposal. Gordian and the Contractor shall mutually utilize ezIQC® to track utilization, fees, and payments. The Contractor shall have no claim or right to any portion of the License Fees. Failure to pay License Fees in a timely manner shall be considered a material breach of this Contract and, at the City's sole discretion, may be deemed grounds for termination of this Contract. 9.2. The Contractor acknowledges that The Gordian Group, Inc. will administer cooperative purchases through this Contract and that the City has no obligation to administer purchases by Entities. 9.3. The City and Gordian authorize the Contractor the use of the City's and Gordian's names, logos, trademarks, and the City's and Gordian provided materials solely for the presentation and promotion of the availability and use of this Contract by Entities and potential Entities. The Contractor authorizes the City and Gordian the use of the Contractor's name, logos, trademarks, and Contractor provided materials in the presentation and promotion of the availability and use of this Contract by Entities and potential Entities. 9.4. The City and Gordian shall not be liable or responsible for any obligation, including, but not limited to, payments due under a Job Order, Purchase Order or similar purchasing document issued to the Contractor by the Entity ("Purchase Order"). Remittance of License Fees: The Contractor shall remit License Fees as follows: 98 2019-257-KB Payments Made Payable to: The Gordian Group, Inc. Mail Checks to: The Gordian Group, Inc. PO Box 79341 Baltimore, MD 21279-0341 ' 9.5. The Contractor shall, within two (2) business days of receipt of a Purchase Order from an Entity, provide notification to the City and Gordian of each Purchase Order by forwarding a copy of the Purchase Order via email to P0(r7ezlQC.com or via facsimile to (864) 233- 9100. 9.6. The Contractor shall, within two (2) business days of sending an invoice to an Entity, provide notification to the City and Gordian of each invoice by forwarding a copy of the invoice via email to InvoiceCa�ezIQC.com or via facsimile to (864) 233-9100. 9.7. The City and Gordian may request records from the Contractor for all cooperative purchasing through this Contract and payment of all License Fees. The Contractor hereby agrees and authorizes the City and/or Entity to , provide a copy of each Purchase Order issued to Gordian. If discrepancies exist between cooperative purchasing activity and License Fees paid, the City or Gordian will provide written notification to the Contractor of discrepancies and allow the Contractor ten (10) days from the date of notification to resolve the discrepancy. In the event the Contractor does not resolve the discrepancy to the satisfaction of the City and/or Gordian, the City and/or Gordian reserve the right to engage a third party to conduct an independent audit of the Contractor's records and, in the event Contractor is not in compliance with this Contract, Contractor shall reimburse the appropriate party for the cost and expense related to such audit. 10. THE CONSTRUCTION TASK CATALOG® The Construction Task Catalog®is part of the Contract Documents and included by reference. The Construction Task Catalog® is available as a separate PDF document. 11. THE TECHNICAL SPECIFICATIONS The Technical Specifications are part of the Contract Documents and included by reference. The Technical Specifications are available as a separate PDF document. 99 I 2019-257-KB