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Contract W/ Metro Express, Inc. RV/4h CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the jday of N°'' 13e./ , 2019, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and Metro Express, 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): 0.9980 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): 1.1800 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: 9390 NW 109 St. • Medley, FL 33178 Attn: Delio A. Trasobares • 2 6a` '_i e: .?i� i��'Zi .?:`!'.i,�Vio:`I: ,..�,�il,;,,SyU.,,';i°rr !'t" ,:�..'l��'/..:. ..i. • 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 • Ai '� By: 4r Rafael E. -anado, ity C erh ry. B �� Jan Gelber, M fJ, ' 'rte_• •'�,.� ,� [seal] r • IORATLL ATTEST: t '� (MTRO EXPRESS INC / divV\ Name: Name: • [seal] •0 APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 0470/0. cc -5 - ( i City Attorney Date • 3 ATTACHMENT A COMMISSION MEMORANDUM 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 price book 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 sof=tWare provider in the United States,to develop the CTC and provide the supporting software system for the City's 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 J OC programs to the construction industry,the benefits of J OC 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 • 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,Inca Ric-Man Construction Ric-Man International David Mancini&Sons Seawalls Shoreline Foundation Keams 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 ITB 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 frnm Pirhnnrt r.nnetn irtinn Erni in ha 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 FDOT,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 Envirowaste Maggolc, Inc. Metro Express, Inc. Danz Contracting Ric-Man Construction David Mancini&Sons Seawalls 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 r a S 1.} a at `M� finer e i "?g V, CSX a x t o 1�x. x ;fin .ra a ry Lee:Construction,GroiWIACw;;4 .p 5 ':dgii'ral Coiiiiii ctiO'C t w s ;" :{`„�,i�g� ",�: 6451. ,�, �k, ,•;,e174 7i1,". t0,'g60. G.E.0 Asssociates,Vx ,?;y + a GenualConstruction&, °,v3,.Mxz a, (,0.6944 .t. f "�` .� .,�. .�.:.,t �.•0 1736,,�-� ,, 0 8680'. .., ti';�v �. ,•. •'�4� 1" a }, ,.+s s ;:�w yid r ^ A r t �1 A6 a Harbour Construction ,r,i:...` ,Tu •General�Constructft6.h gin *1, ,Z , v i „,� 0 74 P w Baa . g:,K" m ,, .,��,t. ; ,�tb �..�, _� ;, ea X0185 ...-,,,0`9,250 - ''. ; t 0,7.5.,6 ,t<; r ar .: � 6,',k0- 00;.§ ' ,r i+., 8.9445 Team contracting,Inc , ",r"fix �,"y„ , Genual,Con"structionsw; .i �a`$, ` `,..,,.iv `„N o 4 ski I" ;k a �� 2 z *k 1..0923; C , w -: 08715 W�a? $r ��02 08, . r z ..- g ., `s'• a .Gen'ral,Cor structwn.^,` ' t. ,, .,`".'.R Y { Dani Confrac4n � y a Q;87,84 �"� x � �"` �� -� .. .,i�.� �,,�.,. ,0 225 ;� 1x1034: ShiffConstf ction,;4'o.M`� a 81'e tikt� ��, G neral',,Cons uctior`.n�+ i \ 4 wh�� I n ,0a i w9 M a . a U Vin.,., „��a,,. ,��,,a e tr �.a, ,��a�.," �x,ta,�.:,�,a..�>, 896 ,4>.,,.,< `��,;�� 50 26 t�s"a,��.,,,�, 1,1560 {rP qt'c nc .. .. ... +�,, d4 . � h 8'9434' . .. , -._._a .r,t:. 1 � ?a,..�y s•,E'L�:�" ,; u, ,,`;�N . a f�h rn ... gJJ t, X.<t•8�1• c �1.1 4'X` \ .v' u4 'f -, .t 4 C i t"M: x 'e.a "q +E S Xt.1 p beIcOP1S ., .$ �' , *'�,. _ , ,m GRnerainConStruction,;��„„ : � v'x,x .94,96 ,� t ."�, a,'�"` sv .C243!#' �a` � x111939 Waypoint:Constructian .;° ,,r General Constructiont;`i,3 •.',T. , s .,:; '0 872, v { r `t, -0.'327 .;_' 1'19 °° W 90 'J'ohnson-La4 ,.°A4 ,4k,x k„d+4,r a;,g,, General Construction, moi. '..A.A a,,, a4,s'K , 108,4, `h ,M4z. a.i,0 279, ,,kiitg' r; ,1.3630 Critical.Path Servii es r,tt. - ;, .? General Construction` ' ,�,,i;M.Vis; .�„`x' „ r pA k, , M ' ;;0`3236? `;Y ,16.182 , 1.2945 �v: Harbour Construction Horizontal ROW 0.752 0.188 0.9400 Envirowaste Horizontal ROW 0.816 0.204 1.0200 Maggoic,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 • o Shoreline,Fo, •ndatton.{^> ,,„,„+> .,„„ Mar..�C�e Construction.fo i w .,1,.,;,,,,,, q0,912 `,k,,,<, „y,,, �`.. 0,2 ,i `1 1`46fi DanzzContr".acting, `'4,,.,. „`--..,- MarineConstruction:r„ - . ', .. ,_. ;-. .x X09264; `: !„k` - 0241 ' m- 11674 Kearns;Construction,Compansi x 5., , Marine Constructions',k,7.! .:.;a„w , `,," ',a.M.,1072 +.7 ,:,z `, ;0 292 , „' :,''4 1$4b Advanced Roofing Roofing • 0.72 0.19 0.9100 Roofing 0:9434 0.2421 1.185; *Not recommended for award. ATTACHMENT B SOLICITATION ITB AND ADDENDUMS MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue,3'd 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. .. 1. 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. QI: 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 RafaelGranadoOmiamibeachfl.gov. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. ,ere , _ ! ui Ale ' i enis Pr- rement Director 1 ADDENDUM NO.4 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES-VARIOUS TRADES MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue,3'd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 ITB 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. ' ATTACHMENT(S). S Exhibit A: Presentation by The Gordian Group at Pre-Bid Meeting 11. 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) similar projects that the applicant has completed in the last five (5) years. Similar projects shall be defined proiects 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 kristybada@miamibeachfl.gov III. RESPONSES TO QUESTIONS RECEIVED. Ql: 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 B2". 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. Al1: 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 1Y9 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 Q21: 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 pasfBuilder 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. 027: 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 Al6 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? t 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 RafaelGranado aC�miamibeachfl.gov. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, A ifw • A -x Denis Procurement Director 6 ADDENDUM NO.3 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 G RDIAN® MIAMJBEACH. Building knowledge CITY OF MIAMI BEACH JOB ORDER CONTRACTING SERVICES INVITATION FOR BID ITB No. 2019-257-KB May 28, 2019 is f , < 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 G€iRDIAN-9 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 0. . :. Bidding the Umbrella Procuring Individual Job Order Contract Projects From Owner Owner Subcontracting Owner racO j Project A 1 Opportunities Advertises Contractors Awarwnerds Owner Subcontracting Job Order Submit Umbrella Project B ir Opportunities Contract Bids Job Order Contract Owner ) Subcontracting Project C Opportunities GORDIAN' 9 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 GORDIAN° 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 GwRDIAN'g • 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 issuingJob 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® °— • The Technical Specifications • GiRDIAN' 12 ADDENDUM NO3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES. The Contract Documents Invitation to Bid moo • ITB Summary ;, .�.,.ell011.�.-� • 0100: Instructions to Bidders • 0200: Minimum Qualifications • 0300: Bid Submittal Format • 0400:Terms and Conditions(Under Separate Cover) macawamp...sews • 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 G.*RDIANZ The Contract Documents The Construction.Task Catalog®. • Catalog of Pre-Priced Construction Tasks Job Order Corrtract Construction Task Catalog• • Organized by Construction Specifications Institute (CSI) • Based on Local Labor, Material & Equipment Costs • The tasks represent the "Scope of Work" for the ,> ' _ i j contract = ;; • GORDIAN' :1 ::tom r-- +3 G€'R D IAN'S 13 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES • The Contract Documents . . The Construction Task Catalog° o•aaIsar •Contractor must review and understand "Using the _ _^ -�' '�—" = Construction Task Catalog" • Rules of the game •7..........7 `=� - • Make sure you get paid for all appropriate tasks — = - •.Pages 00— 1 to 00-6 of the CTC _ ________ GORD1AN' The Contract Documents: Construction Task Catalog° Exterior Im.rovements 32 v^� - - .. - • Bases.Ballasts.And Pavi . 32 10 - - '. - - Unit Pavtng 32.14 - - 'INCR. 1311M.dRECT Dt.ucunu' .' . - me neat DeSGrvaxn crar msr tmarenas . - CSI Full description Price includes labor. Demolition Masterirormat of task material.equipment puce - for your Imation 32 16 Curbs,Gutters Sidewalks,And Driveways,.. 32 16 13 Curbs And G ers,. - nmc maimsbase oeamoa.manes no Ste ads iwn sial a Manta v*vs..e.m ma. GS'•. " ssrm ai a is taao,aannarsisr.ads Ma.be em. Section+ -- 32161313 Cast-In-Pia e Concrete Curbs And Gutters...s task notes - so.M Uira.• . fano read,atm forme rn yl.ewama, 32 16 13 13-0201 Cana=e(tub,Cast In Place,,...., • raft • .m.anac see nns•teax an ranee tom` a.pink:refs ava am; .. • . 12tSt313-0102 LF Sxtrt.aIts Pam Comets Oa-_ .-__...-.-- __-fta 39 • - - forte ro2OAm aal For40 TOW,Ase Modifiers for 22r _ - . For'61ro tau..m variations orquantity OM ea raet toss, destount5 .es _ R LI MOM LF 6 x er Pa n Rae CanmaNa-Kuri- ----._-.-- --d!a 112 • • For II 7'43 Aar an] _ ' For,.V ro1Aut 2ef ... lase ro KU,,Aa/ ° rat Res.S00 To%OM Dena .tor Far,.GOO,Otani -r 7 GORDIAN' 14 ; ADDENDUM NO,�3 1 INVITATION TO BID(ITB)No.2019-257-KB '. JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES L The Contract Documents: Construction Task Catalog® Understanding the Construction Task Catalog®:Include All Appropriate Tasks in Sample.Projects 3216 23 00-0002 4'Cast In Place Concrete Sidewalk SF 155.06; 400 52,024.00 • For0!uantities100to50U,Add "SF =52. 400 5816.00 _ - '`�• 32 11 16 00-0015 ` - - `r 4"Crushed Aggregate Base- SF- $0.63 400 •.;.$25100 . . . . .. For Quantities Under I000 SF-• - $0.16 400 57100 • - - -_- 01-7113.00-0003' 'MotifaeBacthoe - EA $402.63 I •'-540163 - - - 31 23 16 36-0006 Excavation by Badchoe CY -:..$3.75 11- $41.25 1 .. a For Quantities Under 20 Ci',Add CY $3.75 1 $4I.25 31 23 16 36-0028 Loading Excess Materials - CY - $3.42 1 75- .$47 03 - SForQuantities Under 20CY,Add.-._u. -'CY -^ $3.42 13 5 7- 347.03 _ 017419 00-0029 - Hauling to Dump Site- CYM $0.51 2 $105ST 01 74 19 00-0021_ ., - ..Landfill Dump Fee, - =cr $15.14 13, ,-.$208. 8 $405693 .. ,• . .- ... -- •7400 - k Compare these prices 2.*Sample only � ----- _� GORDIAN' The Contract Documents: Construction Task Catalog® Understanding the General Rules of the Construction Task Catalog®: :wFOUlte .. • Unit Prices are for Complete and In-Place Construction ®•=_ Unit Prices Include Labor,Material and Equipment. Do Not Add Labor — =_ _—_ to Repointing Task. - — - w—"-- �a • Unit.Prices Include the Cost of Delivery to Project Site, Unloading, ___ ._ - Storage and Handling..Delivery Height is up to 2'A StoriesVat • Unit Prices Include Testing, Calibration, Balancing Etc.for New Work • Unit Prices Include all Fasteners, Bolts,Anchors,Adhesives Etc. For 02:=, New Work Z -• Unit Prices for Tasks Such as Windows, Doors, Frames, Countertops Etc. Include Sealant and Caulk ,======. GORDIAN5 15 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB • JOB4ORDER CONTRACTING SERVICES—VARIOUS TRADES • The Contract Documents: Construction Task Catalog® Understanding the General Rules of the Construction Task Cataloge-: • 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 ,..o=mom m • • 14'Working Height for All Work Except Masonry =r • 4'Working Height for Masonry =-----r • Dumpsters are a Separate Task �4 GORDIAN' The Contract Documents: Construction Task Catalog® Understanding the General Rules of the Construction Task mmarr Catalog*: Contractors Never Get Paid Separately For the Following 4 '�`� • Moving and Returning Furniture Occupying Less than 55%of Floor _= -®p— 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 ` •Mme___ • Portable Toilet, Field Office,Field Office Equipment for Contractor's ®_ ___ Use • • Layout,Site Engineering for the Work Itself ==---:: GORDIAN' 16 > ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES fi 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: 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 Catalogs)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 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 GORDIAN' The Contract Documents The._Technicat.Specifications • • Specifies Quality of Materials and Job Order Contract Technical Speoficsusons Workmanship -- M• • Corresponds with Tasks in the Construction Task Catalog® f: , GORDIAN' GORDIAN' 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 GCMD IAN' 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 JOC 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 GQ►RDIAN9 18 I ADDENDUM NO.3 INVITATION TO BID:(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES 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 GORDIAN. 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' 19. ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS.TRADES Contract Specifics . Internet Based Software yr�•_ Provided with Contract = o.-a a fi _ • Gordian Cloud Software ___. Expedites the Job Order Process _.77-L-.77-_-__--7-,=amL~ • Price Proposals j -" .=_ - -_ _ _ -_ _ • Subcontractor Lists ' = - "' _ • Tracking Dates _ _ - v e =— • Required Job Order Forms — .� r • Training provided G*RDIAN9 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 • 1OC 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 GORDIAN' MMIENIMMINIMMEIMENIM 20 5 ADDENDUM NO:3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES 6 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 Gc3RDIAN' 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 closers 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 Ge- R D IAN* 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 Proposal Summary-Category --.- -- r, •- - -' _- -_. esd.t X21101 Ponds2311 : -'Work poor.Pampas 400Ora11.1 Cm:Pston the Gat.G9A -Proposal WA: 51824.12 - .. - Proposal Mme_ s ere•Setups aertaraa amen sv,uas.n - -i Dom and Hardware: M13202 = •a - ,s+ kiQM3np: 513111.77 •- PatatWr iilaziii nett owrnM.nnTer 503.31/12 _ ..�. GORDIAN' 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 t ADDENDUM NO.3 • INVITATION TO BID(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: Adiustirren actor Name -<= . - -BtdAdiusfinentF ct .XMuifiplfer .`Division Tata{.. Adjustment Factor for Normal Working 1 . 1 8 5'5 X0.80 =.o .9 4 8'4 2. Adjustment Factor for Other Than 1 2 2 0 5 X 0.20 = 0 2 4 4 1 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. 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 is Original Adjustment Factors=New Adjustment Factors for Next Year • Normal Working,Hours • -Other Than Normal Working Hours GORDIAN9 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 INVITATION 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 GSR D IAN° 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 GOR D Ie4N 9 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 • G iRDIAN' Bid submission Su6mitti Rgwnm.nte Suhntta Location' BW mil be received at alp d Moroi Rech Prcuaement Dep +l 1f:5Meriden Amos,3•'Pair Komi Each,Rada 33129. Submtta Format 8 Eide av to be atmitled a sewed package dearly,=tan all in`crnatco,erd clyaa:ed in a-wdance wi tit Requirements: &dm O30D.irrtudng TAB A:_OGMR5CIC8aV3IJECATSQN_FCC ND.IX.A1 SdeTd he Cantromarautfiratim Fe (Aplw.rid.A)mmfIeted and nay mended. rAIl Et NUMMI a 1Al IFi;ATt:1NS AND SIIFMfrTAI RRIIIIRaM1 US Submit velem,a,specificaly requested in the ITD Sammy,of compliance,eitt exit ninimum regacrunt(s)of ITB.Exldoro that do not=oily.cc for vdscm tho Oty=not cairceroa. slallbedeemed non•r acavemdiIeLidaludinutbeuaaileraL TAD C:BID TENGER FORM56IDDOND Iha lri7rxvg documents shall ba subnded vath he by he deaAaa for submdbd of bre: 1. Rid Tail &Fmm.ThefidTenda•Fam(Appe d'(13,Form9t). • FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED:1)BID TENDER FORM(EITHER INCLUDED IN THE ORIGINAL ITH OR RELEASED VIA AN ADDENDUM) SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CCNSIDERED. TADG BIDFORLIS 5rhmt qty other foil requested on the ITD Surmary ndudl g but not limited to: I Atlma:Aedgmmt etAddarda.Aprezdi>r H,Foam 33. 2 Local Wcildato ResporaddhCantata Affidavit.Part A • GOR D IAN'S 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. GORDIAN' 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 III • Telephone:305-673-7000 Ext. 6218 • Email: Krista.Bada@miarnibeachfl.gov • Bids Due: • Friday,June 14, 2019, 3:00 PM, Local Time GORDIAN' 27 ADDENDUM,_ M NO 3 ! INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Mii. ]c [ BEJ.. CH City of Miami Beach, I/.55 Meridian Avenue, 3'°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, _---!?•• - • - --Contracting Officer Ill, ext. 26218 KristvBadamiamibeachfl.gov CPPB • • A forthcofliing 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 RafaelGranadoamiamibeachfl.gov. • Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. erely, • lex D nis Procu ment Director 1 ADDENDUM NO.2 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES MIAMEBEACH City of Miami Beach, 1755 Meridian Avenue, 3' Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4902 ADDENDUM NO. 1 ITB 2019-257-KB JOB ORDER CONTRACTING SERVICES —VARIOUS TRADES May 15, 20.19 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 contairfres"•onses 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 RafaelGranado miamibeachfl.gov. 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 MIAMI BEACH 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 12019-257-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 ( I ). 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.It 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 Ill 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(�.rniamibeachfl.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: El 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: r ❑ 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 MIAMI BEACH 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 MIAMI BEACH 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 I 2019-257-KB MIAMI BEACH questions may supersede terms noted in this ITB, and in such event, such answers shall govern andcontrol 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 recommendations) 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 (Adiustment 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 MIAMIBEACH 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 includeall 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 12019-257-KB 1 I 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 notbe 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. . 4 . 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 allwork 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.aov/city-hall/procurement/standard terms-and-conditions/ • 12 12019=257-KB ' MIAMIBEACH APPENDIX A r a` kit Contractor Qualification Form FOR CONSTRUCTION PROJECTS • '" ;. ECSFEBEsketK tT EQ riliTEIE BED 13 I 2019-257-KB MIAMI BEACH Contractor`Quatification Form Instructions - Section 1, Required Form. The Contractor Qualification Form is a required form that must be submitted, completedand 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 "NIA" 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 requesteddocuments will delay review andapproval 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 time will delay the review process and may/result 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 / PARTNERSHIP / _._SOLE PROPRIETORSHIP I OTHER(If other,specify: 14 I 2019-257-KB MIAMI BEACH • 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 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 MIAMIBEACH 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? I YES NO • If yes,state the name of the affiliate? • 17 I 2019-257-KB MIAMI BEACH 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 theapplicant 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 withinthe ast five(5) Years? 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 12019-257-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 I 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 companythat 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, em to ee or agent, an em loyee of the City of Miami Beach? YES -INO 19 I 2019-257-KB MIAMIBEACH 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 corporatecode 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 httpa/www.miamibeachfi.00vlci halhprocure m_procurement-related-ordinance-and=procedures)? YES IINO 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 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? 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 1 t 4 Bid Tender Form (B1 ) IMUS'BE'SI lBMLk tED,' M-1 E BID.rimIWRE' O ESO O}WIWRENDER-g`ID NON- •- REEPONSIIE - ` Acknowledgement of Addenda (B2) `` M B'E S tBMUTE IT E T IE BIER EAILURE.TO"DO'SO ILL:RENDER BID-NC , RESPONSIVE. 23 12019-257-KB MIAMI BEACH 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: `R Adfustmenf Factor�f ame, H ;. y r 5 r k �° � F �� Brd Adtu"stmentFactor, ;�X Multiplier, _ l3ivtsion Tofal ,. _„ Adjustment Factor for Normal Working X0.80 Hours —• - - - - — _ - - •;;;••:--_-,.: Adjustment Factor for Other Than 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 J 2019-257-KB Acknowledgement of Addenda (B2) Page 1 of 1 J 3Jrlvl 171, /x,.1.110 drr'C) ; (• I ( ( (i•I i ,-;11::11 � r1 , 1r 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 _„, , , / fi, J� r. i ekY� F mss..-.. , '} 'w.S—,+r, r GENERAL CONDITIONS FOR JOB ORDER CONTRACTS 27 I 2019-257-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 I 2019-257-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 acddptable 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 NIP. The date of issuanceof 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 or Job 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 Contractor 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 Catalog®; 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 Contractor Job 36 12019-257-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, or 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-a-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 I 2019-257-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, 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: O ;x 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 BE AT 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 ANDIOR 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 Contract or Job Order Documents including, without limitation, the failure to maintain as-built drawings in.a current and acceptable state; and 46 I 2619-257-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 Completiop 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 I 2019-257-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 .1 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 completed items 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 setforth 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 is specified, 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 12019-257-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 I 2019-257-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 J 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 warranty 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 all 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. 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 12019-257-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 i 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 I 2019-257-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 Subrogation. 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 c/o 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 12019-257-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 Time. 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 Factors. The result is that a credit for tasks that have been deleted from 66 I 2019-257-KB S 1 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 1 � 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 ofthe 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 12019-257-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 fromthose 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/orrequest 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 reasonableinvestigations 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: Loss 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 life 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 L 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; I 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, subcontractsor 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 I 2019-257-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 awaiver 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 oroperations in connection with other portions of the 77 I 2019-257-KB 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 (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 A 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 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: 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: T C7.O�R 1+( By: Name: Name: [seal] 85 12019=257-KB APPENDIX E i t JOC INSTRUCTIONS TO BIDDERS • 86 I 201.9-257-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 12019-257-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 H , A . ' ,,. • JOC SUPPLEMENTAL CONDITIONS • • 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; 1 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) = 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 awarddate, 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 j 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 ("ezlQC 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. •5 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 I 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( ezlQC.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 Invoice( 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 ATTACHMENT C CONSULTANTS RESPONSE TO THE ITB Th FLORIDA DEPARTMENT OfSTFTE DIVISION OF CORPORATIONS DIVISION Of 311 CORPORATIONS ._,,, , an official State of Florida website -- - ,.. - Department of State / Division of Corporations / Search Records / Detail By Document Number / I , , [ Previous On List Next On List Return to List I No Events No Name History ' Detail by FEI/EIN Number Florida Profit Corporation METRO EXPRESS, INC. , Filing Information Document Number P96000096781 FEI/EIN Number 65-0711071 Date Filed 11/21/1996 State FL Status ACTIVE Principal Address 9390 N.W. 109 ST MEDLEY, FL 33178 Changed: 04/16/2019 Mailing Address 9390 N.W. 109 ST • MEDLEY, FL 33178 Changed: 04/16/2019 Registered Agent Name & Address TRASOBARES, DELIO A 9442 N.W. 109 ST MEDLEY, FL 33178 Address Changed: 02/16/2010 Officer/Director Detail . . Name&Address Title P TRASOBARES, DELIO A 9442 N.W. 109 ST MEDLEY, FL 33178 Title S • TRASOBARES, DELIO A 9442 N.W. 109 ST MEDLEY, FL 33178 Title T DANIEL, TRASOBARES 9442 N.W. 109 ST MEDLEY, FL 33178 Annual Reports Report Year Filed Date 2017 01/06/2017 2018 01/16/2018 2019 01/22/2019 Document Images 01/22/2019—ANNUAL REPORT View image in PDF format 01/16/2018—ANNUAL REPORT View image in PDF format ( 01/06/2017—ANNUAL REPORT View image in PDF format 01/25/2016—ANNUAL REPORT View image in PDF format 01/06/2015—ANNUAL REPORT View image in PDF format 01/13/2014--ANNUAL REPORT View image in PDF format 01/18/2013--ANNUAL REPORT View image in PDF format 01/04/2012—ANNUAL REPORT View image in PDF format 01/06/2011 —ANNUAL REPORT View image in PDF format 02/16/2010—ANNUAL REPORT View image in PDF format 03/11/2009—ANNUAL REPORT View image in PDF format 01/04/2008—ANNUAL REPORT View image in PDF format 02/02/2007—ANNUAL REPORT View image in PDF format 01/10/2006—ANNUAL REPORT View image in PDF format 01/04/2005--ANNUAL REPORT View image in PDF format 01/09/2004—ANNUAL REPORT View image in PDF format 01/09/2003—ANNUAL REPORT View image in PDF format 01/14/2002—ANNUAL REPORT View image in PDF format 01/25/2001 —ANNUAL REPORT View image in PDF format 91/14/2000—ANNUAL REPORT View image in PDF format 03/02/1999--ANNUAL REPORT View image in PDF format 01/28/1998 ANNUAL REPORT View image in PDF format 02/28/1997--ANNUAL REPORT View image in PDF format 11/21/1996—DOCUMENTS PRIOR TO 1997 View image in PDF format Previous On List Next On List ,Return to List No Events No Name History - Florida Department of State,Division of Corporations 1 4 MIAMI BEACH 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 j 2019-257-KB MIAMIBEACH 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 MIAMIBEACH SECTION 0100—INSTRUCTIONS TO BIDDERS: n 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 I 2019-257-KB MIAMIBEACH 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 n 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 2019-257-KB MIAMI BEACH 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.dob.com/webspp/wcs/stores/serviet/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 12019-257-KB MIAMI BEACH 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: httos://www.miamibeachfl.aov/city-hall/procurement/standard-terms-a nd-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/citv-hall/procurement/standard-terms-and-conditions/ 12 I 2019-257-KB MIAMIBEACH APPENDIX A MIAMI BEACH Contractor Qualification Form FOR CONSTRUCTION PROJECTS MUST BE SUBMITTED WITH'.THE BID 13 I 2019-257-KB 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 darifications 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 time will delay the review process and nresultin denial of prequaliflcaflon. Part A—General Bidder.Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS NO. F�EMPLOYEES: 2J? 2/ Lear5 LOCALLY: 22 Leos (D- --04 11 0� OTHER NAME(S)BIDDER HAS OPERATE UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 9390 jot) !0 / - CITY: 'Legeg op� STATE: ZIP CODE: 56/1q� TELEPHONE NO.: ars._�__ &Q �J-_ �O TOLL FREE NO.: �. V • FAX NO.: 3os— S P323 23 FIRM LOCAL ADDRESS: 939 0 10 ch...) /off 31- CITY: NI1 STATE: ZIP CODE: 33 / PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: -Do� s Q' .. \CA.ZOOve—S ACCOUNT REP TELEPHONE NO.: s d j_ !33 o ACCOUNT REP TOLL FREE NO.: V ACCOUNT REP EMAIL: '\ ee FEDERAL TAX IDENTIFICATION NO.: APPLICANT FIRM IS: CORPORATION / PARTNERSHIP / SOLE PROPRIETORSHIP I OTHER(If other,specify: 14 12019-257-KB • MIAMI BEACH • 15 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 0 .• , • .► 1.• • . Ire-5l • 2. Provide three (3)residential renovation projects that the applicant has completed in the last five(5) years. Project Description of Work Project Reference. ame: ail: • elephone: ane: Gae G� ail: elephane: ane: • ail: elephone: 3. Has the applicant company's construction license s)been revoked during the last five(5)years? YES NO • If yes,why? • 16 12019-257-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 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 ediated 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 E4=1 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 app'cant company affiliated with another company? YES 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 the past five(5) years? ' YES I ,1( 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 2019-257-KB MIAMI BEACH ' YES rki 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 priv t ly owned? ' YES I 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 compan that is related to co struction 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. NO0 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? ' YES I-71 NO If yes,explain. 18. Is any officer, director, employee or agent, or i mediate family member (spouse, parent, sibling, and child)of any officer,director,employee or agent,an m loyee of the City of Miami Beach? YES NO 19 I 2019-257-KB MIAMIBEACH 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 II 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 M NO 21a. If yes, attach. If no, will the applicant accept the City's code of ethics (available at available at http://www.miamibeachfl.govlci halUprocurementlprocurement-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? I-1k 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 A 'rs). 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 MIAMIBEACH 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• j/ Sick Leave Family Medical Leave d 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 I • I 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 MIAMIBEACH 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. N et ` Title(must be principal10-f the applicant): � Ql brO (O 5c�bc'r y ce j 1 1 Signator - Th Date: OcofiLf/ 22 I 2019-257-KB Page.-1 Completed Contracts DOLLAR AMOUNT ' , CLASSES OF ' - YEAR. WHERE LOCATED- NAME AND ADDRESS OF OFFICIAL TO WHOM.YOU REFER , OF WORK' ' WORK , : COMPLETED, i" CITY-COUNTY $ 68,674,40 Sidewalks Mar-2006 City of Pembroke Pines Ricardo Roses/Pembroke Pines, FL/954-261-4534 $ 639,150.00 Drainage Jul-2006 Village of Palmetto Bay Patterso/8950 sw 152 St. Palmetto Bay, FL/305-259-1234 $ 200,000.00 Sidewalks Jul-2006 City of Coral Gables Julia Abraham/2800 SW 72 Ave, Miami, FL/305-460-5059 $ 280,770.65 Sidewalks Aug-2006 City of Margate 5790 Margate Blvd. Margate, FL/954-565-9998 $ 85,927.71 Sidewalks Aug-2006 Village of Palmetto Bay Patterson/8950 sw 152.St. Palmetto Bay, FL/305-259-1234 $ 2,167,070.00 Drainage Oct-2006 Miami Dade County D.E.R.M. Alberto Estevez/33 SW 2nd Ave. /P#305-372-6547 $ 730,040.40 School JJJ Nov-2006 James Cumings, Inc. James Cummings, FAX: 305-556-9414 $ 424,000.00 Sidewalks Dec-2006 Miami Dade County PWD - Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 1,795,252.25 Drainage Dec-2006 Miami Dade County D.E.R.M. Leo Salgueiro/33 SW 2nd Ave. /305-375-2651 $ 1,585,707.73. Drainage Dec-2006 Miami Dade County PWD Luis Franqui/ 111 NW 1st St Miami, FL P#305-375-4982 $ 650,660.46 Sidewalks Jan-2007 City of Miami Leonel Zapata/444 SW 2nd Ave. Miami, FL/305-216-2056 $ 950,000.00 Sidewalks Jan-2007 Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 1,181,320.89 Drainage Jan-2007 Miami Dade County PWD Nestor Melean 111 NW 1st St., Miami, FL/305-375-2648 $ 562,500.00 Sidewalks Feb-2007 Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 765,274.09 Doral Park Feb-2007 City of Doral Carrillo/8300 NW 53 St. Doral, FL/305-593-6725 $ 735,000.00 Sidewalks Mar-2007 Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 762,750.00 Sidewalks Mar-2007 Miami Dade County PWD G. Coopallechia/ 111 NW 1st. St. Miami, FL/305-375-2392 $ 778,500.00 Sidewalks Mar-2007 Miami Dade County PWD Gary Semonson/ 11.1 NW 1st St. Miami, FL/.305-375-2651 $ 179,500.00 Sidewalks Apr-2007 City of Miami Dade County PWD Gary Semonson/ 111 NW 1st St Miami, FL/305-375-2651 $ 179,500.00 Sidewalks Apr-2007 City of Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 271,004.34 Sidewalks Apr-2007 Village of Palmetto Bay Patterso/8950 sw 152 St. Palmetto Bay, FL/305-259-1234 $ 179,500.00 Sidewalks Apr-2007 Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 93,081.15 Citywide Sidewalks May-2007 City of Miami Leonel Zapata/444 SW 2nd Ave. Miami, FL/305-216-2056 $ 1,000,000.00 P.T.P. May-2007 Miami Dade County PWD G. Coopallechia/ 111 NW 1st. St. Miami, FL/305-375-2392 $ 1,890,688.04 downtown P-II Jun-2007 City of Miami Leonel Zapata/444 SW 2nd Ave. Miami, FL/305-216-2056 $ 79,835.07 Speed Hump Jun-2007 City of Miami Ola Aluko 444 SW 2nd Ave. Miami, FL/305-216-2056 $ 207,828.47 Sidewalks Jun-2007 City of.Miami Ola Aluko 444 SW 2nd Ave. Miami, FL/305-216-2056 $ 39,516.46 Improvement Jun-2007 City of Miami Ola Aluko 444 SW 2nd Ave. Miami, FL/305-216-2056 $ 200,000.00 Sidewalks Jul-2007 City of Coral Gables Julia Abraham/2800 SW 72 Ave. Miami, FL/305-460-5059 Page.-2 Completed Contracts DOLLAR`AMOUNT . 'CLASSESF.O _ ::-f:-:'-YEAR '' ._ 'WHERE'LOCATED ° :.'; NAME;AND-ADDRESS OF-OFFICIAL TO WHOMi-YOUR REFER: ,' OF WORK .WORK s', COMPLETED :CITY ,COUNTY sPERFORMED$ " $ 950,000.00 Sidewalks Aug-2007 Miami Dade County PWD Gary Semonson/111 NW 1st St. Miami, FL/305-375-2651 $ 950,000.00 Sidewalks Aug-2007 Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 950,000.00 Sidewalks Aug-2007 Miami Dade County PWD G. Coopallechia/ 111 NW 1st. St. Miami, FL/305-375-2392 $ 848,000.00 Sidewalks Aug-2007 Miami Dade County PWD Rodolfo Ibarra/ 16215 SW 117 Av. Unit. #3 $ 179,500.00 Sidewalks Aug-2007 Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 336,589.00 Drainage Aug-2007 City of Pompano Beach Donald Jenssen/ 1201 NW 5 Ave. Pompano/954-786-4061 $ 197,880.00 Drainage Aug-2007 City of Pompano.Beach Donald Jenssen/ 1201 NW 5 Ave. Pompano/954-786-4061 $ 2,179,318.00 Intersections Oct-2007 Miami.Dade County PWD Jesus Gonzalez/ 111 NW 1st St. Miami, FL/305-375-2172 $ 950,000.00 Sidewalks Oct-2007 Miami Dade County PWD Gary Semonson/ 111 NW 1st St. Miami, FL/305-375-2651 $ 3,376,153.90 Drainage Oct-2007 Miami Dade County D.E.R.M. Alberto Estevez/33 SW 2nd Ave. /P#305-372-6547 $ 950,000.00 Sidewalks Nov-2007 Miami Dade County PWD G. Coopallechia/111 NW 1st. St. Miami, FL/305-375-2392 $ 696,800.00 Drainage Dec-2007 City of Miami Francis Mitchelt/444 SW 2nd Ave. Miami, FL/305-416-1097 Sewer $ 349,149.17 Rehabilitation Feb-2008 City of Miami Ola Aluko 444 SW 2nd Ave. Miami, FL/305-216-2056 $ 12,815.86 Sidewalks Mar-2008 City of Miami Beach A. Carmenate/1700 Convention Center Dr. /305-673-7071 Sidewalks Dist. 3 & $ 1,314,918.84 4 Apr-2008 City of Miami Ola Aluko 444 SW 2nd Ave. Miami, FL/305-216-2056 $ 200,000.00 Sidewalks Jul-2008 City of Coral Gables Julia Abraham/2800 SW 72 Ave. Miami, FL/305-460-5059 $ 577,982.81 Drainage Sep-2008 City of Doral Carrillo/8300 NW 53 St. Doral, FL/,305-593-6725 Temp. Parking $ 42,600.00 Lots Oct-2008 City of Miami Beach Keith Mizell/ 1700 Convention Center Dr. /305-673-7071 $ 571,595.75 Sidewalks Nov-2008 City of Miami Luis Rodriguez 444 SW 2nd Ave. Miami, FL/305-516-2153 $ 112,063.70 Sidewalks Nov-2008 City of Miami Ola Aluko 444 SW 2nd Ave. Miami, FL/305-216-2056 $ 2,000,000.00 Drainage Nov-2008 City of Coral Gables Ludwid Janiga 2800 SW 72 Ave. Miami, FL/305-460-5056 $ 12,515.62 Sidewalks Dec-2008 City of Miami Luis Rodriguez 444 SW 2nd Ave. Miami, FL/305-516-2153 $ 137,520.00 Sidewalks Dec-2008 City of Coral Gables Grettel Duran/2800 SW 72 Ave. Miami, FL/305-460-5018 Citewide Storm $ 696,800.00 Sewer Dec-2008 City of Miami Francis Mitchelt/444 SW 2nd Ave. Miami, FL/305-216-2056 $ 1,930,211.02 Drainage Jul-2009 City of Miami Joe Gaudie/444 SW 2nd Ave., Miami, FL/305-416-1213 Sidewalks & $ 137,520.00 Paving Sep-2009 City of Coral Gables Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 1,715,092.00 Drainage - Sep-2009 City of Miami Genady Beylin/444 SW 2nd Ave., Miami, FL/305-416-1233 Striping and $ 149,500.00 Signage Dec-2009 FDOT Taylor/ 1000 NW 111 Ave Miami, FL/305-470-5404 Page.-3 Completed Contracts DOLLAR AMOUNT CLASSES.'OF YEAR' WHERE LOCATED ~: NAME AND ADDRESS OF OFFICIAL TO WHOM.YOU REFER: OF WORK WORK , COMPLETED :CITY-COUNTY ' PERFORMED } Drainage & $ 849,985.00 Sidewalk Feb-2010 City of Doral Erick Carrillo/8300 NW 53 St. Doral, FL/305-593-6725 $ 1,435,210.00 JOC Feb-2010 City of Miami Joe Gaudie/444 SW 2nd Ave., Miami, FL/305-416-1213 $ 303,692.00 JOC Mar-2010 City of Miami Joe Gaudie/444 SW 2nd Ave., Miami, FL/305-416-1213 Drainage & $ 554,500.00 Sidewalk Mar-2010 City of Coconut Creek Carlo Nuesa 4800 W Copans , Coconut Creek/954-973-6786 $ 1,346,002.00 JOC Apr-2010 City of Miami Joe Gaudie/444 SW 2nd Ave., Miami, FL/305-416-1213 $ 791,931.00 JOC Apr-2010 City of Miami Joe Gaudie/444 SW 2nd Ave., Miami, FL/305-416-1213 $ 1,068,641.00 JOC Jun-2010 City of Miami Joe Gaudie/444 SW 2nd Ave., Miami, FL/305-416-1213 $ 4,200,000.00 JOC Jul-2010 City of Coral Gables Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 6,592,000.00 Curb& Sidewalk Jul-2010 City of Margate Sam May/ 102 Rock 'sand, Margate, FL/954-972-8126 $ 6,300;000.00 JOC Jul-2010 City of Miami Beach Keith Mizell/ 1700 Convention Center Dr. /305-673-7071 $ 193,890.00 Sidewalk May-2011 Village of Pinecrest Daniel Moretti/ 10800 Red Rd, Pinecrest/305-669-6916 $ 184,139.00 Drainage May-2011 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 133,505.00 Sidewalk Jul-2011 City of Parkland Azita Behmardi / 6500 Parkside DR, Parkland /954-757-4144 $ 329,025.00Sidewalk Aug-2011 City of Hollywood Laura Borgesi /2600 Hollywood Blvd, Hollywood /954-921-3254 _ !_$ 155,362.00 Water Main Sep-2011 City of Miami Beach Maria Hernandez/1700 Convention Center Dr. /305-673-7071 $ 358,684.00 Lighting Nov-2011 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 <$ 1,47.1,341.00 Precast Wall Dec-2011 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 _ $ 145,943.00 Sidewalk Dec-2011 City of Miami Gardens Mariana Pitiriciu/ 1050 NW'163 DR, M.Gardens/305-622-8000 $ "99,967.00 Sidewalk Dec-2011 City of North Miami Gerardo Hernandez/776 NE 125 ST, N.Miami/305-895-9877 Drainage & $ 248,064.00 Sidewalk Jun-2012 City of Miami Dade County PWD Luis Baldo/ 111 NW 1st St. Miami, FL/305-282-0281 $ 127,826.00 Sidewalk Jun-2012 City of Tamarac Bill Lewis / 6011 Nob Hill Rd, Tamarac/954-597-3723 $ 123,466.00 Paving. Aug-2012 Village of Miami.Shores PWD/10050 NE 2nd Ave, Miami Shores, FL/305-795-2210 $ 2,022,000.00 Drainage Sep-2012 City of Miami Genady Beylin/444 SW 2nd Ave., Miami, FL/305-416-1233 $ 171,781.00 Paving Sep-2012 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 1,781,596.00 Drainage Oct-2012 City of Miami Valentine Onuigbo/444 SW 2nd Ave., Miami, FL/305-416-2588 _ $ 155,115.00 Paving Nov-2012 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 112,714.00 Fire Hydrants Nov-2012 City of.Miami Beach Maria Hernandez/ 1700 Convention Center Dr. / 305-673-7071 $ 199,198.00 Electrical Nov-2012 City of Miami Beach Maria Hernandez/ 1700 Convention Center Dr. /305-673-7071 Page.-4 Completed Contracts DOLLAR.AMOUNT CLASSESOF YEAR WHERE LOCATED', NAME AND ADDRESS'OF,OFFICIAL TO WHOM YOU REFER OF WORK WORK COMPLETED CITY-COUNTY PERFORMED $ 144,457.00 Sidewalk Nov-2012 City of Hollywood Laura Borgesi /2600 Hollywood Blvd, Hollywood 1954-921-3254 Drainage & $ 648,000.00 Sidewalk Dec-2012 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 134,373.00 Sidewalk Dec-2012 City of Deerfield Beach Bernard Buxton-Tetteh/200 Goollsby Blvd/954-480-4432 $ 159,500.00 Sidewalk Dec-2012 City of Deerfield Beach Bernard Buxton-Tetteh/200 Goollsby Blvd/954-480-4432 $ 55,956.00 Sidewalk Feb-2013 Village of Pinecrest Daniel Moretti/ 10800 Red Rd, Pinecrest/305-669-6916 $ 152,344.00 Paving Apr-2013 . City of Miami Robert Fenton/444 SW 2nd Ave., Miami, FL/305-416-1922 $ 292,696.00 Drainage& Paving Apr-2013 City of North Miami Beach Jose Casio/ 17050 NE 19th AVE, NMB, FL/305-948-2980 $ 461,595.00 Sidewalk,& Paving Apr-2013 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 306,202.00 Sidewalk& Paving May-2013 City of Hialeah Efrain Hill/501 Palm Ave, Hialeah, FL/305-687-2698 $ 90,545.00 Sidewalk May-2013 City of Miami Springs Lazaro Garaboa/345 N. Royal Poinciana Blvd/305-805-5170 $ 100,869.00 Traffic Circle Jun-2013 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 !_$. 129,7.34.00 Sidewalk Jun-2013 Village of Key Biscayne Tony Brown/88 W.Mclntyre ST, Key Biscayne, /305-365-7568 $ 317,404:00. Sidewalk Jun-2013 City of Miami Gardens Mariana Pitiriciu/ 1050 NW 163 DR, M.Gardens/305-622-8000 $ 196,693.00 Drainage& Paving Aug-2013 City of Doral Carlos Arroyo/8300 NW 53 St. Doral, FL/305-593-6725 $ 99,980.00 Sidewalk Aug-2013 City of North Miami Gerardo Hernandez/776 NE 125 ST, N.Miami/305-895-9877 $ 120,899.00 Sidewalk Sep-2013 City of Deerfield Beach Bernard Buxton-Tetteh/_200 Goollsby Blvd/954-480-4432 $ 1,296,999.00 Drainage& Paving Oct-2013 City of Miami Beach Olga Sanchez/ 1700 Convention Center Dr. /305-673-7071 $ 59,417.00 Sidewalk Oct-2013 City of Margate Sam May/ 102 Rock Isand, Margate, FL/954-972-8126 $ 1,009,538.00- Drainage& Paving Nov-2013 City of Miami Eric Rush/444 SW 2nd Ave., Miami, FL/305-416-1298 $ 2,189,064.00 Drainage & Paving Nov-2013 City of Coral Gables Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 407,581.00 Sidewalk Nov-2013 Town of Miami Lakes Ernesto Perez/6601 Main ST, Miami Lakes, FL/305-364-6100 $ 236,440.00 Curb, Landscape Nov-2013 City of Coral Gables Julia Abraham/2800 SW 72 Ave. Miami, FL/305-460-5059 _ $ 422,805.00 Pavers Dec-2013 City of Miami Maurice Hardie/444 SW 2nd Ave., Miami, FL/305-416-1786 $ 436,282.00 Drainage& Paving Dec-2013 City of Miami Maurice Hardie/444 SW 2nd Ave., Miami, FL/305-416-1786 Page.-5 Completed Contracts DOLLAR AMOUNT ` CLASSES OF ' YEAR . • WHERE LOCATED , . NAME AND ADDRESS OF OFFICIAL TO WHOM YOU REFER OF WORK WORK; , •• COMPLETED : CITY'-COUNTY 'PERFORMED, , $ 642,334.00 TurfBlock& Paving Dec-2013 City of Miami David Adato/444 SW 2nd Ave., Miami, FL/305-416-1899 $ 1,165,502.00 Bridge& Paving Dec-2013 Miami Dade County PWD Nestor Melean 111 NW 1st St., Miami, FL/305-375-2648 $ 240,470.00 Paving Dec-2013 City of North Miami Rick Cade/776 NE 125 ST, N.Miami/305-895-9877 $ 24,096.00 Sidewalks Aug-2014 Village of Palmetto Bay Dan.Casals/9495 SW 180 ST Palmetto Bay, FL/305-969-5011 $ 142,461.00 Paving Oct-2014 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 417,060.00. Drainage& Paving. . Nov-2014 City of North Miami Beach Jose Casio/ 17050 NE 19th AVE, NMB, FL/305-948-2980 $ 136,887.70 Drainage& Paving Nov-2014 City of Miami Gardens Luis Mendoza/ 18605 NW 27th AVE, M.Gardens/305-622-8000 $ 168,650.00 Drainage& Paving Dec-2014 City of Miami Springs Lazaro Garaboa/345 N. Royal Poinciana Blvd/305-805-5170 $ 567,103.26 Concrete& Paving Dec-2014 Mastec N.A. Manuel Arismendy/2801 SW 46th AVE, Davie FL/305-232-3484 $ 1,938,890.00 Sidewalk& Paving Dec-2014 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 _ $ 1,487,500.00 Sidewalk Dec-2014 City of Miami F,abiola Dubuisson/444 SW 2nd Ave., Miami, FL/305-416-1755 $ 714,866.25 Drainage& Paving Dec-2014 City of Miami Beach Olga Sanchez/ 1700 Convention Center Dr. /305-673-7071 i47$ 198,575.00 Sidewalk Dec-2014 City of Deerfield Beach Bernard Buxton-Tetteh/200 Goollsby Blvd/954-480-4432 $ ,211.50 Sidewalk Dec-2014 Town of Miami Lakes Elia Nunez/6601 Main ST, Miami Lakes, FL/305-364-6100 $ 33,861.25 Sidewalk Dec-2014 Village of Key Biscayne Tony Brown/88 W.Mclntyre ST, Key Biscayne,/305-365-7568 $ 1,000,000.00 Paving Dec-2014 City of Coral Gables Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 1,685,638.44 Paving Mar-2015 Miami Dade County PWD Carlos.Palma NW.1st St., Miami, FL/305-375-5214 $ 676,300.21 Paving Jun-2015 Miami Dade County PWD Joaquin Montesino.111 NW 1st St., Miami, FL/305-375-4317 $ 708,018.32 Paving Jun-2015 City of North Miami Rick Cade/776 NE 125 ST, N.Miami/305-895-9877 $ 89,014.50 Sidewalk, Curbs Jun-2015 City of Homestead Tracy Moore/529 N.Flagler AVE, Homestead FL/305-224-4570 $ _209,201.35 Drainage& Paving Jun-2015 City of Miami Gardens Luis Mendoza./ 18605 NW 27th AVE, M.Gardens/305-622-8000 $ 118,597.68 Sidewalks Jul-2015 City of North Miami Beach Jose Casio/17050 NE 19th AVE, NMB, FL/305-948-2980 _ $ 72,477.22 Sidewalks Sep-2015 Village of Palmetto Bay Dan.Casals/9495 SW 180 ST Palmetto Bay, FL/305-969-5011 _ $ 393,716.44 Concrete, Pavers Oct-2015 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 251,000.00 Sidewalks Oct-2015 City.of Deerfield Beach Bernard Buxton-Tetteh/200 Goollsby Blvd /954-480-4432 $ 847,451:30 Sidewalk Nov-2015 City of Miami Gardens Luis Mendoza/ 18605 NW 27th AVE, M.Gardens/305-622-8000 Page.-6 Completed Contracts ,DOLLAR;AMOUNT ;' CLASSES OF YEAR WHERE LOCATED' ,NAME ANDADDRESS OF OFFICIAL TO WHOM YOU REFER' 'OF WORK. WORK; COMPLETED , - CITY-.COUNTY F PERFORMED' $ 1,347,862.47 Sidewalk Dec-2015 City of Miami Fabiola Dubuisson/444 SW 2nd Ave., Miami, FL/305-416-1755 $ 448,627.00 Drainage& Paving Dec-2015 City of Miami Beach Olga Sanchez/ 1700 Convention Center Dr. /305-673-7071 $ 180,922.00 Sidewalks Dec-2015 Town of Miami Lakes Elia Nunez/6601 Main ST, Miami Lakes, FL/305-364-6100 $ - 447,700.00 Sidewalks Dec-2015 City of Homestead Tracy Moore/529 N.Flagler AVE, Homestead FL/305-224-4570 $ 459,095.07 Sidewalks Dec-2015 City of Hialeah Efrain Hill/501 Palm Ave, Hialeah, FL/305-687-2698 $ 38,350.00 Sidewalks Dec-2015 City of Wilton Manors David Archacki/2020 Wilton DR, Wilton Manors, 954-390-2190 $ 555,257.00 Concrete& Paving Dec-2015 Mastec N.A. Manuel Arismendy/2801 SW 46th AVE, Davie FL/305-232-3484 $ 3,126,563.00 Drainage& Paving Dec-2015 City of Coral Gables Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 8,420.00 Sidewalk Apr-2016 City of Weston Jose Casio / 2599 S.Post Road, Weston FL /954-385-2600 _ $. 13,998.40 Sidewalk Apr-2016 City of Tamarac Bill Lewis / 6011 Nob Hill Rd, Tamarac/954-597-3723 k$ 1,956,893.98 Concrete&Paving May-2016 Miami Dade County PWD Freddy Valero// 111 NW 1st St., Miami, FL//305-375-4317 $ , 100,282.15 Sidewalk Jul-2016 City of Deerfield Beach Kathi Edwards/200 Goollsby Blvd/954-480-4432 -$ 822,422.09 Paving Jul-2016 MDC-Port of Miami Juan Bergouignan/1001 N.America Way,Miami, FL/305-905-3925 $ , 308,169.65 Drainage& Paving Aug-2016 Miami Dade County PWD Frank Mendoza/NW 1st St., Miami, FL/305-375-4982 $ 52,971.20 Sidewalk Sep-2016 City of Hallandale Beach Manga Ebbe/630 NW 2nd ST, Hallandale Beach/954-457-3043 $ 56,626.52 Sidewalk Oct-2016 City of Miramar Bernard Buxton-Tetteh_/2300 Civic Center PL, [954-883-5005 $ 25,453.22 Sidewalk ' Oct-2016 City of Margate Nick Cucunato/ 102 Rock (sand, Margate, FL/954-972-8126 $ 414,025.39 Drainage & Paving Oct-2016 City of Doral Carlos Arroyo/8401 NW 53rd TER, Doral/305-593-6740 $ 97,819.40 Sidewalk Nov-2016 City of Homestead Tracy Moore/529 N.Flagler AVE, Homestead FL/305-224-4570 $ 327,645.12 Sidewalk Nov-2016 City of North Miami Beach Kenny Paoletti 117050 NE 19th AVE, NMB, FL/305-948-2904 $ 109,233.68 Sidewalk Nov-2016 Village of Palmetto Bay Dan.Casals/9495 SW 180 ST Palmetto Bay, FL/305-969-5011 $ 88,047.06 Sidewalk Nov-2016 Town of Davie Osdel Fernandz-Larrea/6901 Range DR, Davie/954-797-2086 $ 389,176.00 Paving Dec-2016 City of North Miami Rick Cade/776 NE 125 ST, N.Miami/.305-895-9877 Concrete, Pavers, $ 843,008.40 Paving Dec-2016 City of Miami Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 545,382.40 Sidewalk Dec-2016 City of Miami Gardens Luis Mendoza/ 18605 NW 27th AVE, M.Gardens/305-622-8000 - _ $ 147,091.00 Sidewalk Dec-2016 Town of Miami Lakes Elia Nunez/6601 Main ST, Miami Lakes, FL/305-364-6100 1 Page.-7 Completed Contracts DOLLAR AMOUNT CLASSES OF 'YEAR WHERE LOCATED' NAME AND ADDRESS OF OFFICIAL TO WHOM YOU REFER OF WORK WORK . , COMPLETED;' CITY-COUNTY ;-: PERFORMED ,. - : - - $ 2,220,090.46 Drainage& Paving Dec-2016 City of Coral Gables Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 448,409.05 Concrete&Paving Dec-2016 Mastec N.A. Manuel Arismendy/2801 SW 46th AVE, Davie FL/305-232-3484 $ 1,298,967.29 Sidewalk Dec-2016 City of Miami Fabiola Dubuisson/444 SW 2nd Ave., Miami, FL/305-416-1755 $ 1,430,637.29 Drainage& Paving Dec-2016 City of Miami Beach Olga Sanchez/1700 Convention Center Dr. /305-673-7071 $ 71,383A8 Sidewalks Dec-2016 , City of Wilton Manors David Archacki/2020 Wilton DR, Wilton Manors, 954-390-2190 $ 157,163.25 Sidewalk Dec-2016 Village of Pinecrest Mark Spanioli/ 10800 Red Rd, Pinecrest/305-669-6916 $ 102,580.00 Drainage & Paving Dec-2016 City of South Miami Grizel Martinez/4795 SW 75th AVE/305-403-2063 $ 48,303.00 Sidewalk Dec-2016 Village of Key Biscayne Tony Brown/88 W.Mclntyre ST, Key Biscayne,/305-365-7568 $ 713,620.26 Drainage& Paving Dec-2016 Miami Dade County 20140206 Freddy Valero// 111 NW 1st St., Miami, FL//305-375-4317 $ 391,377.92 Sidewalk Feb-2017 Miami Dade County 20140154 G. Coppolecchia/ 111 NW 1st. St. Miami, FL/305-375-2392 1$ 163,838.57 Sidewalk Feb-2017 Miami Dade County 20140156 G. Coppolecchia/ 111 NW 1st. St. Miami, FL/305-375-2392 $ 78,153.00 Sidewalk Feb-2017 City of Parkland FY2017 Gary Sessa /6500 Parkside DR/954-757-4108 $' 496,722.13 Sidewalk Apr-2017 Miami Dade County 20150046 G. Coppolecchia/ 111 NW 1st. St. Miami, FL/305-375-2392 — $ 670,310.89 Drainage& Paving Apr-2017 City of Aventura NE 29 PL Drainage Antonio Tomei/ 19200 W Country Club DR/305-466-8923 _$ 620,197.80 Drainage& Paving May-2017 Miami Dade County 20140207 Freddy Valero// 111 NW 1st St., Miami, FL//305-375-4317 $ 97,031.68 Sidewalk May-2017 City of Hallandale Beach FY2017 Manga Ebbe/630 NW 2nd ST, Hallandale Beach/954-457-3043 $ 441,981.59 Paving Jun-2017 - City of North Miami Asphalt FY2017 Rick Cade/776 NE 125 ST, N.Miami/305-895-9877 $ 108,031.00 Sidewalk Aug-2017 Village of Key Biscayne Tony.Brown/88 W:Mclntyre.ST, Key Biscayne, /305-365-7568 $ 96,474.00Sidewalk Aug-2017 ' Village of Pinecrest FY2017 Mark Spanioli/ 10800 Red Rd, Pinecrest/305-669-6916 _ $ 33,988.45 Sidewalk Aug-2017 City of Tamarac FY2017 Tom Vreeland / 6011 Nob Hill Rd, Tamarac/954-597-3723 Drainage, Paving & $ 1,474,727.08 Sidewalk Oct-2017 City of Coral Gables 2013.07.10 Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 96,032.50 Sidewalk Oct-2017. Village of Palmetto Bay FY2017 Dan.Casals/9495 SW'180 ST Palmetto Bay, FL/305-969-5011 $ 74,115.95 Sidewalk Oct-2017 City of Cooper City FY2017 Richard Freeman/9070 SW 51st Street/954-434-2300 $ ' 41,197.75 Sidewalk ' Nov-2017 Town of Davie FY2017 Osdel Fernandz-Larrea/6901 Range DR, Davie/954-797-2086 $ 1,137,530.76 'Sidewalk Dec-2017 City of Miami M-0096 Y4 _Fabiola Dubuisson/444 SW 2nd Ave., Miami, FL/305-416-1755 I Page..-8 Completed Contracts DOLLAR-AMOUNT '.,-CLASSES,OF - YEAR ,WHERE LOCATED, ': }a . NAME AND ADDRESSOF.OFFICIAL TO.WHOM YOU REFER. ' ' OF WORK WORK COMPLETED. CITY—COUNTY PERFORMED, - $ 37,725.25 Sidewalk& Paving Dec-2017 City of Miami Springs FY2017 Lazaro Garaboa/345 N. Royal Poinciana Blvd/305-805-5170 $ 207,645.65 Sidewalk Dec-2017 City of Miramar FY2017 Bernard Buxton-Tetteh/2300 Civic Center PL, /954-883-5005 1 1 $ 341,597.62 Drainage& Paving Dec-2017 City of Miami B-40339 David Adato/444 SW 2nd Ave., Miami, FL/305-416-1899 $ 335,060.67 Drainage& Paving Dec-2017 City of Miami B-40340 David Adato/444 SW 2nd Ave., Miami, FL/305-416-1899 $ 158,261.92 Drainage& Paving Dec-2017 City of Miami B-40342 David Adato/444 SW 2nd Ave., Miami, FL/305-416-1899 Drainage, Paving, Sidewalk & $ 2,342,332.79 Landscaping Dee-2017 City of Miami Beach, JOC-2017 Olga Sanchez/1700 Convention Center Dr. /305-673-7071 Concrete, Pavers, $ 2,299,276.36 Paving Dec-2017 City of Miami JOC FY2017 Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 230,681.61 Sidewalk& Paving Dec-2017 Town of Miami Lakes FY2017 Carlos Acosta/6601 Main ST, Miami Lakes, FL/305-364-6100 -$ - ->218,489.32 Sidewalk Dec-2017 City of Homestead FY2017 Tracy Moore/529 N.Flagler AVE, Homestead FL/305-224-4570 !.$. 517,566.45 Sidewalk Dec-2017 City of Miami Gardens 15-16-039A Luis Mendoza/ 18605 NW 27th AVE, M.Gardens/305-622-8000 '-$ 49,950.70 Sidewalk Dec-2017 City of Dania Beach FY2017 Ronnie Navarro / 100 W. Dania Beach Blvd/954-924-3615 $ 357,805.18 Concrete& Paving Dec-2017 Mastec N.A. FY-2017 Manuel Arismendy/2801 SW 46th AVE, Davie FL/305-232-3484 ._. $ 582,099.85 Paving Apr-2018 Miami-Dade County. 20150201-R Freddy Valero// 111 NW 1st St., Miami, FL/1305-375-4317 $ 1,599,491.62 Sidewalk& Paving May-2018. City of Coral Springs, NW 110 AVE Paul Carpenter//9500 W Sample RD, //954-344-1159 Drainage,Paving & $ 3,378,155.25 Sidewalk May-2018 Town of Medley, RPQ#2015-005 Jorge Corzo/7777 NW 72 AVE, Medley FL 1305-887-9541 $ 69,980.00 Sidewalk& Paving May-2018 Miami Lakes NW 82 Ave &Oak LN Carlos Acosta/6601 Main ST, Miami Lakes, FL/305-364-6100 $ 22,956.79 Sidewalk May-2018 City of Tamarac FY2018 Tom Vreeland / 6011 Nob Hill Rd, Tamarac 1954-597-3723 _ 31,982.85 Sidewalk Jun-2018 Village of Key Biscayne FY 2018 Natan Diaz/88 W.Mclntyre ST, Key Biscayne, /305-365-7568 _ Drainage, Paving & 1 $ 193,014.00 Sidewalk Jun-2018 Hallandale Beach, FY-16/17/00901 Manga Ebbe/630 NW 2nd ST, Hallandale Beach/954-457-3043 $ 43,903.50. Sidewalk Jul-2018 Deerfield Beach, CDGB Sidewalkl8 Will Lackwood/200 Goolsby Boulevard/954-480-4432 Page.-9 Completed Contracts DOL'LAR AMOUNT CLASSES.OF YEAR WHERE LOCATED. NAMEAND ADDRESS OF OFFICIAL TO'WHOM YOU REFER .0F'WORK WORK COMPLETED . - CITY .COUNTY" PERFORMED -. . . ,. . , .. Drainage, Paving, Sidewalk & $ 5,942,574.55 Water,Sewer Jul-2018 City of Miami- B-40668. Flex Park . Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 Drainage, Paving& $ 1,123,506.34 Sidewalk Jul-2018 City of Miami, B-40347 .Grove Park Pedro Beltran/444 SW 2nd Ave., Miami, FL/305-416-1039 $ 604,400.81 Sidewalk Aug-2018 Miami Gardens 15-16-039A FY18 Luis Mendoza/ 18605 NW 27th AVE, M.Gardens/305-622-8000 $ 828,442.50. Paving Aug-2018 City of North Miami Asphalt FY2018 Rick Cade/776 NE 125 ST, N.Miami/305-895-9877 $ 21,577.55 Sidewalk Aug-2018 City of South Miami,Sidewalk 2018 Aurelio Carmenates/4795 SW 75 AVE/305-403-2063 $ 26,645.44 Sidewalk Sep-2018 City of Homestead FY2018 Tracy Moore/529 N.Flagler AVE, Homestead FL/305-224-4570 $ 100,235.62 Sidewalk Sep-2018 City of Sweet Water: Sidewalk 2018 David Hay/500 SW 109 AVE, Sweetwater FL/305-485-4566 $ 89,791.60 Sidewalk Sep-2018 City of Hallandale Beach FY2018 Manga Ebbe/630 NW 2nd ST, Hallandale Beach/954-457-3043 $ 54,503.00 Sidewalk& Paving Sep-2018 City of Miami Springs FY2018 Lazaro Garaboa/345 N. Royal Poinciana Blvd/305-805-5170 $ 44,136.25 Sidewalk Sep-2018 Wilton Manors, Sidewalk 2018 David Archacki/2020 Wilton DR, Wilton Manors, 954-390-2190 58,125.00 Water&Sewer Sep-2018 ACCON: Graham Well Improvement Joan Dorrian//800 S. Douglas RD//305-704-6446 Drainage, Paving, . Sidewalk & $ 322,316.80 Landscaping Sep-2018 Town of Cutler Bay: Manta DR Alfredo Quintero/ 10720 Caribbean Blvd/305-234-4262 $ 382,597.78 Sidewalk Oct-2018 Miami-Dade County,20170304 G. Coppolecchia/ 111 NW 1st. St. Miami, FL/305-375-2392 $ 165,425.61 Sidewalk . Oct-2018 Miami-Dade.County, 201.70305 G. Coppolecchia/ 111 NW 1st. St. Miami, FL/305-375-2392 Drainage, Paving, Sidewalk & $ 347,815.26 Landscaping Oct-2018 Palmetto Bay, Draing. 1617-11-009 Dan.Casals/9495 SW 180 ST Palmetto Bay, FL/305-969-5011 $ 249,526.10 Concrete& Paving .Nov-2018 Mastec N.A. FY-2018 Manuel Arismendy/2801 SW 46th AVE, Davie FL/305-232-3484 $ 403,957.10 Sidewalk - Nov-2018 North Miami Beach, Sidewalk 2018 Kenny Paoletti/ 17050 NE 19th AVE, NMB, FL/305-948-2904 $ 421,250.00 Sidewalk Nov-2018 Fort Lauderdale, Sidewalk 2018 Chris Palumbo/949 NW 38 ST, FT. Lauderdale/954-828-7843 Drainage, Paving & • $ 476,476.51 Sidewalk Dec-2018 Town of Cutler Bay: Saga Bay 1.2 Alfredo Quintero/ 10720 Caribbean Blvd/305-234-4262 Paving, Curb .& $ 225,777.24 Signalization Dec-2018 Miami Lakes Windmill Gate Road Carlos Acosta/6601 Main ST, Miami Lakes, FL/305-364-6100 $ 280,074.40 Sidewalk Dec-2018 City of Cooper City FY2018 Richard Freeman/9070 SW 51st Street/954-434-2300 $ 143,610.15 Sidewalk Dec-2018 City of Dania Beach FY2018 Ronnie Navarro / 100 W. Dania Beach Blvd/954-924-3615 Page.-10 Completed Contracts DOLLAR.AMOUNT CLASSES.OF YEAR , WHERE:LOCATED. NAME ANDADDRESS OF-OFFICIAL TO WHOM'YOU REFER OF WORK WORK, COMPLETED - CITY-COUNTY • PERFORMED.., $ 203,218.93 Sidewalk& Paving Dec-2018 Town of Miami Lakes FY2018 Carlos Acosta/6601 Main ST, Miami Lakes, FL/305-364-6100 $ 134,772.76 Sidewalk Dec-2018 City.of Weston, Sidewalk FY2018 Jose Casio / 2599 S.Post Road, Weston FL /954-385-2600 1-.D 88,050.00 Water& Sewer Dec-2018 Weston, Water& Sewer Repairs Jose Casio / 2599 S.Post Road, Weston FL /954-385-2600 $ 59,001.85 Sidewalk Dec-2018 City of Margate, Sidewalk 2018 Nick Cucunato/ 102 Rock Isand, Margate, FL/954-972-8126 184,990.00 Sidewalk Dec-2018 Village of Pinecrest FY2018 Mark Spanioli/ 10800 Red Rd, Pinecrest/305-669-6916 $ 218,172.97 Sidewalk Dec-2018 Town of Davie FY2018 Osdel Fernandz-Larrea/6901 Range DR, Davie/954-797-2086 Drainage, Paving& $ 1,830,675.95 Sidewalk Dec-2018 Coral Gables 201716LS (FY18) Noel Polo/2800 SW 72 Ave. Miami, FL/305-733-0068 $ 1,586,921.40 Sidewalk Dec-2018 City of Miami M-0096 Y5 Fabiola Dubuisson/444 SW 2nd Ave., Miami, FL/305-416-1755 $ 275,000.00 Sidewalk Dec-2018 City of Miramar FY2018 Bernard Buxton-Tetteh/2300 Civic Center PL, /954-883-5005 Drainage, Paving, Sidewalk & $ 974,779.58 Landscaping • Dec-2018 City of Miami Beach, JOC-2018 Olga Sanchez/ 1700 Convention Center Dr. /305-673-7071 Concrete, Pavers, $ 2,038,376.70 Paving Dec-2018 City of Miami JOC;FY2018 Pedro Beltran/'444 SW 2nd Ave., Miami, FL/305-416-1039 .s APPENDIX B miAmt -B. EAcH Bid Tender Form Bl MUST BE,SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. Acknowledgement of Addenda (B2) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON- RESPONSIVE. • 23 I 2019-257-KB x�, �� . • i • 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_Muitiphe�: .. Divis�ori.Total _ • -�. Adjustment Factor for Normal.Working a of 9 cl. t] X 0.80 = . Hours Adjustment Factor for Other Than 2' Normal Working Hours l B X 0.20 d . 2 2 6 • Add all the Total amounts in the right column. • • The Sum of these Total amounts is the Total Base Bid. =1. 0 3 . 1 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: ? -4,..Rc • Authorized Agent Name: t - Authorized Agent Title: ,r2,5; { Authorized Agent Signature: 25 I 2019-257-KB .„ ri: Acknowledgement of Addenda (B2) Page 1 Of 1 =- Amendment 1 3il§1 / 9 Amendment 6 Amendment 2 Os 24 Amendment 7 Amendment 3 0 a' 0 1 Amendment 8 Amendment 4 04al Amendment 9 Amendment 5 Amendment 10 Bidder: Att/0 e‘t(2i-us-tilt Initials: i(C 26 I 2019-257-KB -2_ MIAMIBE.ACH 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 Arforthcoin ®1 4 t0 MOW* Onw :tiOr"Yk taw,i.tia es•+.on'e, s! uestiansa '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 RafaelGranadoArniamibeachfl.gov. 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 , , miAmies , A , ._,.; , . • City of Miami Beach, I/SS Meridian Avenue, :t"'Floor,Miami Beach,Florida 33139,wwww.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, Kricta.Bada@miamibcachfl.gov Contracting Officer Ill, ext. 26218 KristvBadata7miamibeachfl.dov CPPB • A.forth:deAl g a ierdO.Wik�E.'0014espor0d07 o 10 shins deceived. Any questionsregarding 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(a?miamibeachfl.dov. • Proposers are reminded to acknowledge receipt of this addendum .as. part of your ITB submission. 1erely,hi() lex D nis Procu ment Director 1 - ADDENDUM NO.2 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3'd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 ITB 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 Const?uction - 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) similar projects that the applicant has completed in the last five (5) years. Similar proiects 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 asa 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 \ t 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 Ill Telephone: 305-673-7000 Ext. 62218 Email:<rista.Bada kristybada@miamibeachfl.gov HI. 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: ."Q2: Additionally, in-the sub-heading"1." Please advise if what is mentioned to be"Form B3" should be "Form B2". 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 625% 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 63. 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. All: 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? All: 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 Q21: 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. S 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 Alb 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 upon 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 RafaelGranado(a�miamibeachfl.gov. . Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, • r A -x Denis Procurement Director ADDENDUM NO.3 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 , GORDIAN® MIAMI BEACH Budding knowledge CITY OF MIAMI BEACH JOB ORDER CONTRACTING SERVICES INVITATION FOR BID ITB No. 2019-257-KB , May 28, 2019 Pre-Proposal Conference Agenda JOG 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' B 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 • GOR D IAN' JOC Overview: Umbrella Contract Part 1 Bidding the Umbrella Procuring Individual Job Order Contract Projects From Owner • Owner Subcontracting Owner Project A # Opportunities Owner Contractors CAT Owner Subcontracting Job Order Submit Umbrella Project B ) Opportunities Contract Bids Job Order Contract Owner Subcontracting Project C ) Opportunities GORDIAN` 9 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 • IOC 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 GORDIAN' 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 GORDIAN' 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 GOR D IAN' 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 i GORDIAN! The Contract Documents iialik, • Invitation to Bid • The Construction Task Catalogs - _. __ __ y " _'_ "" • 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 ` t-�-�-^--��I • 0100: Instructions to Bidders • 0200: Minimum Qualifications • 0300:Bid Submittal Format • 0400:Terms and Conditions(Under Separate Cover) • 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 r. • Organized by Construction Specifications Institute - ,. (CSI) • Based on Local Labor, Material & Equipment Costs ` " t,, • The tasks represent the "Scope of Work"for the contract " MIR D IAN' GORDIAN' 13 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES 1 • I The Contract Documents The Construction Task Catalog® • 1 •Contractor must review and understand "Using the -"- Construction Task Catalog" • -•••-•••••‘- • Rules of the game _--�--- --� • • Make sure you get paid for all appropriate tasks• — • Pages 00—1 to 00-6 of the CTC --- . • • GOR DIAN' The Contract Documents: Construction Task Catalog® • • Exterior Im•rov.monts 32 Bases,Baaasts PM• 32 10 Pi .. Ural Pawn 32 11 l.KJf - fUiK CZGt-f tJ.A".Ullila 1.2.1 we,rl.Y.>wrn. -lalp'nl m ittsr CSI Futl descnptron Price rntludes Jabot Demolition • Masted ormat of task matenal•equipment once 10 your kxatan • 32 16 Curbs.Gutters Sidewalks,land DNJeways,n. 321613 Curbs And G eras.. . - srwi ac^�seat •0.6om,ra.tsrnsta nes assn.•q n o.es su 92%n(I Serra to to 4.. mnsteaitlsU.,. ivaE3bs-..eaeatal Ti• Scctron• 32 1613 13 C•stae•Pla Concrete Curbs And Gutters.... taut notes .622.14.6 I.,etfl.ltu.oun...O ear nn.n i eoat- 32 18 13 13-060t Cons. Curb,Gast In Place roe• .aar,s.lmoerz.tren•>Sal.laail(.laerrrtl'W,OW1m!,pm ksrrad . . . C111313.T.'a: u' c><tr I Pure Comma Cut -__ -- _ •lu to . lc".to Ica 403 io•:O!Jo,6p Modt ers tut tt? Fr. ru•m Ain vat owns o,quartlty °N • 1,.100 Po•(N,Gear, _ .o4 ler..,np Ors..al drat owns CIS 13 LT= V 1.1 LT CataItOR Orarz 1st Rsaa.._. _ __ _olJ 012 .. W r4 ra:a.6u ,v:ro rasa oar 36, ry.w ru•co •01. fp'.103 ra;,A tkticr •Or _ r..au nen •.. - GORDIAN 14 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 Construction Task Catalogo: Include All Appropriate Tasks in Sample Projects • 32 16 23 00.0002. 4"Gast In Plate Concrete Sit#.wa ii SF I35:1%; 400 $2,024.00 For Quantities 100 to 500,Add SF $2. 400 '$816.00 '__ 3211 16 00-0915 4"Crushed. Antrerlate Base SF $0.63 400 $252.00 ForQuan8ttcs Under 1000 - SF .$0.18 4m •- $72.00 01 71 13 00-0007 Mobilize Bacldioe EA $402.63 1 5402.63 - 31 23 16 36-0006 Excavation by Badduoe CY $3.75 11 $41.25 - Fot'Quantities Under 20 CY,Add. CY. $3.75 11 •-$41:25 - 31 23 15 36.0028. Loading tyros Materials ' - CY. $3.42 1 .75 '$47.03 .. For Quantities Under 20 CY,Add CY- $3.42 13'5 '347.03 - 01 74 19 00-0029 Hauling to Dump Site CYtd $0.51 2 '$105.57 • 01 74 19 00-0021 landfill Dump Fee CY $15.14 13., $208.18 $7,056.93 /400 ' " 410.19. • • Compare these prices . *Sample only • G49RDIAN' • The Contract Documents: Construction Task Catalog® Understanding the General Rules of the Construction Task Catalog: 502115/04 • Unit Prices are for Complete and In-Place Construction __ • Unit Prices Include Labor,Material and Equipment.Do Not Add Labor -.= :".. - --- to Repointing Task. - ""..___` • Unit Prices Include the Cost of Delivery to Project Site, Unloading, -" " e Storage and Handling.Delivery Height is up to 2%Stories • Unit Prices Include Testing,Calibration, Balancing Etc.for New Work /7,---,7;t.5= = ,. • Unit Prices Include all Fasteners, Bolts,Anchors,Adhesives Etc. For New Work - • Unit Prices for Tasks Such as Windows,Doors,Frames,Countertops - ... Etc.Include Sealant and Caulk --.---w•. .-. -� G.531RDIAN' 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 Catalog': m • 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 Pricey =- • Assembly Prices take Precedence Over Component Pricing • 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 i'auit • • - • Labor for Protecting Work in Place.For Example,a Laborer to Stay - - _ --- After a Concrete Pour ®.M• inor Barricades and Signage �'ry = `= • • Portable Toilet, Field Office, Field Office Equipment for Contractor's Use • • Layout,Site Engineering for the Work Itself 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: 3433 The rind price submitted for Non Pre-priced Tasks shall be according to the following formula A e Hourly Labor Rate (for Trades not in the • Construction Task Catalogs)x the Quantity required B= Direct Material Costs(supported by three quotes) C= Direct Equipment Costs(for Equipment not in the Construction Task Catalogs)x the Quantity required • D= Subcontractor Costs(supported by three quotes) E- Allowable Overhead and Profit=(A4-13+C)x 15% F= Subcontractor Allowance=D x 10% Total Cost of Non Pre-Priced Task-A+B+C 4.13+E+F GOR D IAN' • The Contract Documents The Technical Specifications ; • Specifies Quality of Materials and al,. 16 Workmanship -; • Corresponds with Tasks in the Construction Task Catalog® GORDIAN' G®►RDIAN' 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 JOC 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' } .L 18 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES _ f 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 GORDIAN' • 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' • 19 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES Contract Specifics , Internet Based Software Provided with Contract ------- -�— --- • Gordian Cloud Software Expedites the Job Order Process ,-.7. : _ ;: • Price Proposals M a Subcontractor Lists -- �' - '— =' • Tracking Dates 1 __ : —' -'m • Required Job Order Forms ... ; • Training provided GORDIAN' 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 Cont'ractor's Adjustment Factors • Consider with the Bid as an Overhead cost • License Fee Equal to 1%of the Job Order Price GORDIAN' • 20 ADDENDUM NO.3 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 tocksets with knobs • Replace 2 push bar exist devices and door closers on exit doors • • • • Interior lighting -- Replace Replace all lay-in troffer fixtures on first and second floors.48 In total - • Replace 4 exit fixtures • e • 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 tired cast iron boiler.No:access for packaged boiler.Must field assemble sections. • Provide new piping as required. • • Normal Working Hours Apply •• • GORDIAN` • • • • 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 Contactors Price Proposal Summary-Category marl mew f OOCOOI ramta 2314 - . rosea tirrPe.alee.•a Gahsfr: iheGTfae,Go.p --Proposal Ma: fL4144.14 Fvpoe+l•ms1 'a'eaDeFe;weal •. -. -_ - - ..: Sara taman^-- --- -•_� _ Docs set Hardware: taxa.o3 uomne: Weak Otte,napaul Taal _4011•44.12 GtOR D IAN' 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 ADDENDUM NO.3 INVITATION TO BID(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 far more than one sample project. GRDIAN' Completing the Bid Tender Form B1: Adjustment Factor Name -Bid Adjustment Factor X Multiplier =Division Total Adjustment Factor for Normal Working 1 . 1 8.5 5 x o.80 = 0. 9 4 8 4 Hours Adjustment Factor for Other Than 1 2 2 0 5 X 0:20 = O. 2 4 4 1 Normal Working Hours 3. Add ail the Total amounts in the right column. The Sum of these Total amounts is the Total Base Bid = 1, 1 9 2 5 *SAMPLE ONLY G®RDIAN 23 ANI Dv? 3 INVITATIONENUM TONO.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 GOR DIAN* 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 INVITATION 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 lob Order Price GORDIAIV' 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 GORDIAN' 23 ADDENDUM NO.3 INVITATION TN 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' Bide Submission • •Su6mrttet Requir•mulb • Pa b Toa be teemed at: • City al Wiwi Raab • • �. 1T:6Dawn Avant%P :atAnaBe ch,H=1,333139. Sut.nttal Hamot& Blue bbe subnrffidn sea'ad Gsdaga daily,=tail intumulzo.wet agarcln a a anfaw oh• Squicease Seim 1306,hd ng TA3 A:,CCNTRTsCTCR.OLMLFICAnONF.ORMATENOMA) Sulam he Conk rr Oa56rnDan Fenn(Apperda A)asrcietad and fay awake.: - • Iki d'A'IAl Ai 4.16 H4tf-AAIONS AN SIAIATIAI WO OrH=I-W • &brit evidance,asvardntyrotasstedmtt+etIESumnari,dcarioaa eadincrin= rcpvarcnes)attlwHEEigare d°not=ply,atu•hantboCdy=oat miff c Tana • st1111adeeaea renins eche ant 6 Ind stud nut beanedast TAO C7 OD TENDER rCMI&5DpONO Ira !Azov Bd iorda Bddec FertnFartn eevil sidinated ate by the domino to subaeffif et We •(Apparel(B.B,Fain 811 FAILURE TO SUET THE LOST RECENT COMPLETED AND EESCUTED;1)BID TENDER 'FORM(EITHER INCLUDED IN THE ORIGINAL EIB OR RELEASED NA AN ADDENDUM) • - . SHALL RESULT IN BD BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERS TASO,SD FORMS Manly)yeta tarn.l> ioM an I* SLITIllaip. bet not k d1G.. - . 2 Lad icedaceRee eibleC orAf(dmitPatA • •GORDIANA • • • • • • - 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. GORDIAN' Bid Submission • Make Sure you Signed the Attendance Sheet • All questionsconcerning 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@miamibfeachfl.gov • Bids Due: • Friday, June 14, 2019, 3:00 PM, Local Time GORDIAN' 1 27 ADDENDUM NO.3 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES ' MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue,3"'Floor,Miami Beach,Florida.33139,www.miamibeachR.gov PROCUREMENT DEPARTMENT - Tel: 305-673-7490 Fax: 786-394-4002 " ADDENDUM NO. 4 ITB 2019-257-KB , JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES e 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. Q1: 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 whereto 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(a miamibeachfl.gov. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission.fle/lenis l •ere , �,it- rrement Director 1 ADDENDUM NO.4 INVITATION TO BID(ITB)No.2019-257-KB JOB ORDER CONTRACTING SERVICES—VARIOUS TRADES BID BOND - TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place of business) Metro Express, Inc. Travelers Casualty and Surety Company of America 9442 NW 109th Street,Ste. 100 2420 Lakemont Avenue,2nd Floor OWNER Medley, FL 33178 Orlando, FL 32814 (Name,legal status and address) City of Miami Beach 1755 Meridian Avenue, Miami Beach, FL 33139 BOND AMOUNT: 5%(Five Percent of Amount Bid) PROJECT: (Name,location or address,and Project number,if any) Job Order Contracting Services-Various Trades, ITB No.2019-257-KB The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs, executors,administrators,successors and assigns,jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters , into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which'the:Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and.Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. ' If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.. • The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310,2010 Edition 1 . Signe and s -d this 14th day of June,2019 � 1 It`' (Principal) (Seal) (Witness) ' (Title ! ra lers r/ • .'!`,rety-- :nYy'ofAmerica (S Tic ae A. Bo (Seal) Attor -v-1n-Fact (Witness) Genesis Florian (Title) The Company executing this bond vouches that this document conforms to American institute of Architects Document A310,2010 Edition . 2 i ,,,, , ‘i i .14._ •4' 1. Travelers Casualty and Surety Company of America • t Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Michael A Bonet of MIAMI Florida their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof.on behalf of the Companies in their business of guaranteeing the fidelity of persons,:guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. CON. ft: s coat -yF' 0:2:), State of Connecticut 7 • By. �"� City of Hartford ss. Robert L.Raney,Sear Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul.Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations . by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 l'4141'17:‘ pALL. C - * * Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,-and St.Paul Fire and Marine'Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman, the President, any Vice Chairman, any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity, or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or.Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney orcertificate bearing' such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,do hereby certify thatthe above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this I L.VA‘ day of \u�! ,Z.0 ' iiitie„ � cam. Qr `+ dv a C7F t Kevin E:Hughes,Ass; tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached t• iti t RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY Florida te 1_41 I ▪ �IMYEb STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION f INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES TRASOBARES, DELIO ALBERT METRO EXPRESS INC 9442 N.W. 109 ST MEDLEY : .. FL 33178 LICENSE NUMBER: CGC050965 EXPIRATION DATE: AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com 44%7.7 Do not alter this document in any form. n. ;Xt.'Z ❑ �: � This is your license. It is unlawful for anyone other than the licensee to u ,�, use this document. �. k,4ir RICK SCOTT,GOVERNOR9,*:',-*mtiek JONATHAN ZACHEM,SECRETARY Florida „,„.„,,,,,,,,- ,. ..,, STATE OF FLORIDA ii DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , r CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES TRASOBARES, DELI° ALBERT METRO UNDERGROUND OF,FLORIDA INC 9442 N.W 109'.ST MEDLEY FL 33178 LICENSE NUMBER: CUC1224592 EXPIRATION DATE: AUGUST 31, 2020. Always verify licenses online at MyFloridaLicense.com :;; { •:gr. , Do not alter this document in any form. - } 44::,%17:: - ❑ 10 : This is your license. It is unlawful for anyone other than the licensee to use this document. ,> ConstructionTgB tsg Board •BUSINESS CERTIFICATE OF COMPETENCY E201301 METRO EXPRESS"IN• C D.B.A.. • TRASOBARES DELIO A Is certified under the provisions of Chapter-10 of Miami-Dade County • QUALIFYING TRADE(S) 0001 GENERAL ENGINEERING •• Jaime a Gamin.P.� a.. Secretary elate Board Mtani.0.. nu.m. mew man+a.Qs.psvr canary • • • g d Local BUsi ness Tax Receipt p Miami-Dade County, State of FloridaU3511 • THIS IS NOT A BILL-DO NOT PAY 4092169 BUSINESS NA M EILOCA TION RECEIPT NO EX PIR E S METRO EXPRESS INC RENEWAL SEPTEMBER 30, 2019 9390 NW 109TH ST 4272571 MEDLEY,FL 33178 Must be displayed at place of business Pursuant to County Code • • Chapter 8A Art.9& 10 • • OWNER SEC TYPE OF. BUSINESS Pi YM ENT RECEIVED METRO EXPRESS INC 196 GENERAL BUILDING • BY TAX COLLECTOR • CONTRACTOR 45.00 08/2812018 • Workers) 10- CGC050965 • CHECK21-18-082058 • •l This Iteral Business Tax Receipt only can"ems payment of the Local Business Tax.The Receipt isnot a license. ' permit,or a ce tti"cation of the holder's quail"cations,to do busi ness.Hyder mit corrpiy with arty governmental . or nongaerrmental regulatory laws and reguretrerttswhich apply to the business, • The PTNQ aboiie trial be disdayed on all corttrercial vette:lee-Miani-Code Code See 8a-2711 niAmton For wore information.visityt_ww.miam ta. g11 4r • • • • • • • • • • • • • • • • • -` '1 erg. .,;qty. • Local Busi ness Tax Rebel pt • Miami-Dade County, State of FloridaLBEil THIS IS NOTA BILL DO NOT PAY 4486379 BUSINESS NAME/LOCATION RECEIPT NO EXPIRES METRO EXPRESS INC . RENEWAL SEPTEMBER 30, 2019 9390 NW 109TH ST 4683810 MEDLEY,FL 33178 Must be rs ant to at of business Pursuant to County Code Chapter 8A Art.9& 10 • OWNER . SEC TYPE OF BUSINESS METRO EXPRESS INC . 196 GENERAL 8Y TAX COLLEC RECEIVED , ENGINEERING 45.00 08/2812018 Worker(s) 10 E201301 CONTRACTOR CHECK21-18-082063 • This Local Business Tax Receipt only can"ms payment d the Local Business Tax.The ficeipt is not a license, pemit,a a certi"cation d the Folder's gun)i"cations,to do business.Holder mist cony with any goremrrental or nongovernmental regulatory Taws and regticements which appy to the business The 18EPT NO above must be c6 sill eyed on all comrrercial vehicles-Miami-Dade Code Sec 8a-2T6. J ori AMtcaDB For mere information.visitWww RialEIL0 tkg tCA1LeSt APPENDIX C MIAAVAI BEACH GENERAL CONDITIONS FOR JOB ORDER CONTRACTS 27 I 2019-257-KB e 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 I 2019-257-KB ,, U ;x, . 4 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 1 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, Contractors 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 maybe 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 eachyear. "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 proceedwith 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. TechnicalSpecifications: 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 soleand 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 betweenachievement 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 thecapability 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 submittedon 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 anditemized 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 12019-257-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, ascertified in writing by the Consultant, and determined by the City in its sole discretion, has been developed, designed, engineered and constructedin 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 inspectionsand 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 l 20 W-257-KB a , 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. 124. The Contract or Job 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 Contracto r 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 Contractor 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 Catalog®; 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 alwayskept 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 inthe 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,,or 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 l 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 s 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 Contractors 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 Subcontractors 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 assignmentof 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 beneficiaryof 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-a-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 lienagainst 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 r 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. i. 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 promptlydisclose to the City and Contractor any defect, omission, error or deficiency in the Contractor 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, f. 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 forclaim 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: Contract rSelfPerformance% 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 12019-257-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 shallinclude all shop drawingsand 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 20W-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 lineand 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 pipelines, 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, Contractors 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 BE AT 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 diligencenecessary 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 befull 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 J 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 Workresultingfrom other actions, of the City deemed to be City's responsibility and/or compensable under the Contractor 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 forPaymentmay 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 Contract or 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 f g. pending or imminent Claims of the City or others including, without limitation, Claims which are subject to Contractors 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 I 2019-257-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. 0. 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 discussthe schedules to discuss procedures for handling Shop Drawingsand other submittals andfor 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 employsuch • 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 completedin 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 totheProject; 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 auto CAD); 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 documentsor 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 withinwhich 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 1 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 completed items 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 separatesthe portion of the Work which is Substantially Complete,from non- complete areas of the Project in order to prevent noise,dustand 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$1.00,000.00 $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 valuation by City of damages to City and the public caused by untimely performance. Such damagesmay 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 Cityhave 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 oras 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 causeand 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 is.specified, 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 I 2019-257-KB 6.9.2. The Work can be usedand 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. Contractorshall 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 Contractor 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 actor 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 Claimsor 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 1 I I 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 tobe 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-Conforminq 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. Contractorshall bear all direct, indirect and consequentialcosts 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 warranty required by the Contract or Job.Order or Job Order Documents, or by any specific provision of the Contractor Job Order or Job Order Documents, any of the Work is found to be defective,ornot 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 anyway 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 12019-257-KB � I ) i 1 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 risksin 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 tropicai storm alert, the Contractor, at no cost to the City, shall take ail 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 all 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 willrbe addressed by a Change Order in accordance with the'Contract or Job Order or Job Order Documents. • 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 Projectarea 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, orother 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 I 2019-257-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 Subrogation. 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 orasbestos 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 cto 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 r 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 containedin 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 Time. 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 quantityor 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 ( 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 Factors. 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 12019-257-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, andmaterially differ from those indicated in the Contract or Job Order or Job Order Documents, or if unknown physicalconditions 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 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 satisfactionof 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 Contractors 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 Agreementallowing the Contractor to claim delay due to Excusable Delay, whenever an Excusable Delay shall occur, the 69 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 mustinclude 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 andnone 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: Loss 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 projectsnot 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 leviedby the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only forthe 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 maybe 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 life 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 anREvent 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, sub1ect 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 tabor 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 timefor 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 Contractor 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 Orderhad • 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 anyfurther 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 Contractors 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 dueand 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 paythe 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 nofurther 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 inaddition 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 actor fault of Contractor orpersons 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 12019-257.-KB 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 contractors 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 Workso 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 shallat once report to Consultant anyy 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 Contractors 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 whichwill 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 claimetto 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 (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 touse of the Project Site for staging, material and equipment storage, lay-down or other similar activities. 14.92. 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 Contractor Job Order or Job Order with the City for the construction or repair of 80 12019-257-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 Contractorshall 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. MIAMIBEACH 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 noapplicable 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 Adjustment Factor: means the hours outside the applicable noise ordinance. and in theevent 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: 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: ft`s _ E Ttre—N T I ►A_t11StE1 By: Name: Name: [seal] • 85 I 2019-257-KB APPENDIX E /MIAMI BEACH JOC INSTRUCTIONS TO BIDDERS 86 12019_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 Pricesare based on local Tabor, 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 Pricey 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 l 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 toprepare 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 LicenseFee 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 J 2019-257-KB APPENDIX F MIAMIBEACH JOC SUPPLEMENTAL CONDITIONS 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 bein 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 12019-257-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 supportof 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®. Ifthe work is to be cted, tractor.ractors.must submit three independentsubcontraquotesthe fromConsubcontThe. Contractor shall not submit a quote or bid from any supplier or • subcontractor that the Contractor is not prepared to use. The Cityy may require additional quotes and bids if the suppliers or subcontractors are not acceptable or Jif the prices are hot reasonable. If three quotes or bids cannot • • be obtained, the Contractor will provide the reason in t 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 2019-257-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, orany 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 I 2019-257-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 l 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 ail 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 therequests 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) _ 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 ADJUSTi11iENT.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 failsto 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 11/2% per month until paid. The Contractor shall include the ezlQC Fee as a reimbursable task in the Job Order Price Proposal. Gordian and the Contractor shall mutually utilize ezlQC® 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 l 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 PO@ezIQC.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 Invoice(a�ezlQC.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