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H.A. Contracting Corp. Miami Beach A11-Ame1tca CIty , II 11.' March 2004 m ***** CITY OF MIAMI BEACH, FLORIDA PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 JOB ORDER CONTRACT CONSTRUCTION CONTRACT DOCUMENTS VOLUME I PROJECT MANUAL FOR THE FOLLOWING PROJECT(S): JOB ORDER CONTRACT 14-03/04-CAPIT AL IMPROVEMENT PROJECTS H.A. Contracting Corp. CITY CLERK CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~.. ""liiiii5" Condensed Title: Request for Award of Job Order Contracts (JOC) to seven (7) Contractors for Public Works, City Wide, and Ca itallrn rovements Pro ects. Issue: Shall the City Commission Award Contracts to Contractors for Public Works, Citywide, and Capital Improvement Projects? Item Summa 1Recommendatlon: JOC has delivered a fast, cost-effective procurement system that gives each department an option in the procurement of construction services. In the first 12 months of the JOC program, job orders were issued on 58 projects totaling $10,523,581.69. The number of construction projects Initiated and awarded via JOC In one year (58), Is greater than the tolal number of construction projects awarded via traditional bidding (53) in the past three yearsl The average time from the Joint ScopemeetlngOnltlal meeting of the City and Contractor to discuss scope of work) to a Notice to Proceed (document directing contractor to corrvnence work) has averaged 26.3 days. With traditional bidding, the time It has laken to Issue a Notice to Proceed to a contractor following the execution of the contract books has averaged in excess of t80 days. Thus a timesaving of at least 154 days on average. Based on the results of the City's JOC program coupled with the high volume of constructlon....e1ated projects, the city issued three separate bid solicitations In order to increase the pool of responsive and responsible contractors that would be ready, willing and able to accomplish timely and cost effective construction work. Based on the analysis of the adjustment factors bid and the volume of construction projects the Administration is recommending the following awards: Public Works: City Wide: CW Construction, Inc. Alpine Construction, Inc. CIP: F.H. Paschen SN Nielsen H.A. Contracting, Inc. Carivon Construction, Inc. F & L Construction, Inc. Pass Intematlonal, Inc. APPROVE THE CONTRACT AWARDS. Advisory Board Recommendation: I I Financial Information: Funds are available from the capital Improvements budget accounts allocated to City Departments and/or Divisions, subject to Office of Management and Budget review. Each contract has a maximum estimated annual value of $2 Million dollars for the Public Works and City-Wide and $5 Million for CIP ro eets. Source of Funds: D Finance De t. C Clerk's Office Le Gus Lopez, ext. 6641 GL T .... F8 ... . . ReM .. ....... .. .JMGnn .. .. T:\I\GEN _IlO4\Rogulll\lllCSlmmlly.dOC AGENDA ITEM. R~ DATE S-'J/p-<J..{ 148 CITY OF M lAM I BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htlp:\\mlamlblladlll.gov SUBJECT: COMMISSION MEMORANDUM Mayor David Denner and DATE: May 26,2004 Members of the City Commission Jorge M. GOnZaluj . ~ City Manager . rr- U REQUEST FOR .. ROVAL TO AWARD JOB ORDER CONTRACTS TO THE FOLLOWING CONTRACTORS PURSUANT TO INVITATION FOR BIDS ("BID") NO. 12-03/04 FOR PUBLIC WORKS PROJECTS; BID NO. 13.()3/04 FOR CITYWIDE CONSTRUCTION PROJECTS; AND BID NO. .14-03104. FOR CAPITAL IMPROVEMENTS PROJECTS: 1) ALPINE CONSTRUCTION, INC.; 2) CARlVON CONSTRUCTION, INC.; 3) CW CONSTRUCTION, INC.; 4) F & L CONSTRUCTION, INC.; 5) F.H. PASCHENSN NIELSEN; 6) H.A. CONTRACTING, INC.; 7) PASS INTERNATIONAL, INC. AT AN ESTIMATED ANNUAL AMOUNT OF $2 MILLION PER CONTRACT FOR PUBLIC WORKS AND CITYWIDE CONSTRUCTION PROJECTS, AND $5 MILLION PER CONTRACT FOR CAPITAL IMPROVEMENT PROJECTS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL CONTRACTUAL AGREEMENTS THERETO. TO: FROM: ADMINISTRATION RECOI\IIP.llENOATION Approve the Award of Contracts and authorize the Mayor and City Clerk to execute all contractual agreements thereto. FUNDING AND AMOUNT Funds are available from the capital improvements budget accounts allocated to City Departments and/or Divisions, subject to Office of Management and Budget review. The following are the maximum value of each contract: 12-03/04 - Public Works....$2 million annually, maximum vallie $10 millic:m in five years. 13-03/04 - City Wide.........$2 million annually, maximum value $10 million in five years. 14-03/04 - CIP............ ... $5 million annually, maximum value $25 million in five years. TERM OF CONTRACTS The initial tem of each contract is .12 months and may be renewed for four (4) additional one-year periods at the City's sole discretion. The renewal opti6ns.may be exercised when the annual maximum value is reached ($2 million for Public Works and Citywide, and $5 million for CIP projects), or when the one-year has expired, whichever occurs first. For example, should a Public Works contractor reach $2 million in construction work within the first six (6) months of their contract, the City at its sole discretion, may renew the contract, and the contractor will be in year two of their contract. 149 Commission Memo Bids No. 12-03/04, 13-03/04, and 14-03/04 May 26, 2004 ANALYSIS The City fully implemented a Job Order Contracting (JOC) program on. May 2, 2003. The City's JOC program was implemented after thorough research and presentations that included the following: . The Mayor and City Commission at Its December 20, 2000 meeting, referred to the Finance and Citywide Projects Committee for discussion, the JOC program. . The Finance and Citywide Projects Committee at its February 12, 2001 meeting, listened to a presentation from the Procurement Director relative to the JOC system and its benefits, and recommended that the Administration pursue the implementation of the JOC program for timely completion of construction projects. . On February 21, 2001, COmmissioner Simon Cruz provided the City COmmission with a verbal report relative to the Finance and Citywide Projects Committee's recommendation as stated above. . On. July 18, 2001, the Mayor and City Commission adopted Resolution No. 2001-24524, which authorized the issuance of a Request for Proposals (RFP) for the establishment of JOC program. . On April 10, 2002, the Mayor and City Commission adopted Resolution No. 2002-24818, Which authorized the administration to enter into negotiations with The Gordian ~roup. . On July 10, 2002, the Mayor and City Commission adopted Resolution No. 2002-24914, which authorized the Mayor and City Clerk to execute an agreement with The Gordian Group for the establishment of theJOC program. . On March 19, 2003, the Mayor and City Commission adopted ReSolution No. 2003-25157, which awarded contracts to the following contractors: 1) HA Contracting; 2} F & I Construction; 3} Carivon Construction; 4) TRAN Construction; 5) Grace & Naeem Uddin, Inc.; and 6) TROPEX Construction. The first year results of the City's JOC program are as follows: · . JOC has delivered a fast, cost-effective procurement system that gives each department an option in the procurement of construction services. In the first 12 months of the JOC program, job orders Were issued on 58 projects totaling $10,523,581.69. · The number of construction projects initiatec:l and awarded via JOC in one year (58), Is greater than the total number of construction projects awarded via traditional bidding (53) in the past three yearsl 150 Commission Memo Bids No. 12-03/04, 13-03/04, and 14-03/04 May 26, 2004 . The average time from the Joint Scope meeting (initial meeting. of the City and Contractor to discuss scope of work) to a Notice to Proceed (docum$nt directing contractor to commence work) has averaged 26.3 days. With traditional bidding, the time it has taken to issue a Notic$to Proceed to a contractor following the execution of the contract books has averaged in excess of 180 days. Thus a. timesaving of at least 154 days on average. . There have been no contractor-initiated change orders on any project. Under JOC the contractor jointly scopes the work with the City and any misunderstanding or confusion is openly discussed and resolved. If a question arises during the proposal development the contractor is free to contact the City's representative and get the appropriate anSW$t5. This non-adversarial relationship eliminates the underlying cause of most claims and changes. . There has been no c1elim or any litigation relative to any JOe project. Based on the results of the eity's JOe program coupled with the high volume of construction-related projects, the city issued three separate bid solicitations in order to Increaseth$pool of responsive and responsible contractors that would be ready,willing and able to.accomplish timely and cost effective construction work. BID PROCESS A mandatory pre-bid conference was held on April 8, 2004. The pre-bid conference was held for the purpose of discussing the JOe concept and the contract documents, the City's construction program, and bid considerations. . Bidders had to be represented by a person that would be directly involved in preparing the JOe bid and responsible for executing the construction work. A total of 21 bidders attended the pre-bid conference. Prospective bidders were required to subrriita"bidu on all work contained in the unit price book by quoting a single adjustment factor that would be applied for work accomplished during normal working hours and a single adjustment factor for work to be accomplished during other than nonnal working hours. These two adjustment factors represent the contractor's only adjustment to the prices published In the unit price book and must include all indirect cost such as overhead, profit, bonds, insurance, design and contingency costs. For example, an adjustment factor of 15% would be bid as 1.15. During the execution of the contract the unit price of a specific construction task is multiplied by the appropriate adjustmenffactor to obtain the final price to be paid for a specific construction task. JOC represents a competitively bid, finn fIXed price contract since all the prices and the adjustment factors are established before the contract is awarded. All interested bidders were provided a copy of the project Manual and provided with a Compact Disk containing the following: . The Unit Price Book containing over 140,000 construction tasks. EaCh task contains a task description, unit of measurement, and a unit price. EaCh unit 151 Commission Memo Bids No. 12-03/04, 13-03/04, and 14-03/04 May 26, 2004 price contains locally developed direct costs for material, equipment, and labor. The construction tasks encompass all aspects of construction work. . A set of detailed technical specifications for each of the 140,000 construction tasks. The specification set incorporates the City's own specifications. . The legal terms and conditions that contain the specific contract language concerning the execution of the contract, which is standard with all our construction contract awards. BID ~ESULTSIDETERMrNATION OF AwAAD On April 20, 2004, the City received five (5) bids for the Public Works Contract (#12- 03/04). And on April 21 2004, the City received six (6) bids for City Wide Contract (#13- 03/04), and on April 22, 2004, the City received seven (7) bids for the CI P JOC Contract (#14-03/04). The tabulated results are attached. The recommended contractors were selected based on the following evaluatloncriteria which was incorporated into all three invitation for bids: a. Factor Weights for Determining the LoW Bid Only: -Type of Work Non Davis Bacon -90%. -Type of Work Davis Bacon - 10% -Normal Working Hours - 90% -Other Than Normal Hours - 10% -Architectural and Engineering Services - 30% b. The ability, capacity and skill of the bidder to perform the contract. c. Whether the bidder performed satisfactory on contracts within the time specified, without delay or interference. d. Thecharacter,integrity, reputation, judgment, experience and effiCiency of the bidder. e. The quality of performance of previous contracts. f. The previous and existing compliance by the bidder with lawS and ordinances relating to the contract. g. The Management Plan submitted and experience of the contractor astisted in the questionnaire. Included within the Project Manual was the City's position in awarding projects under this contract. All contractors were instructed that it was the City's intention to award at least one (1) Job Order Contract for each contract number on the basis of the lowest and best bid. However, the City of Miami Beach reserves the right to award multiple contracts, if determined to be in the City's best interest. The City will award only one JOC contract to a single Contractor under this advertisement (i.e., no Contractor will be awarded more than one (1) JOC contract). 152 Commission Memo Bids No. 12M03/04, 13-03/04, and 14-03/04 May 26, 2004 In determining a bidder's responsibility and ability to perform the contract, the City investigated and requested information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the bidder, the bidder's record with environmental regulations, and the claims/litigation history of the bidder. The following are references seClJred by the procurement staff in references to past project experience: Aloine Construction. Inc. Daniel Perez Perez and Perez Architects "I have personally known Mr. Alfred Querofor over 20 years, and during this time I have known him to be a dedicated construction professional always striving for excellence in his field. Without reservation I recommend him and his company. . Joe Herrera SMG/Miami Beach Convention Center "Vel}' reliable contractor, friendly and on-tJm9. " Carivon Col'lstruction. Inc. Roy Martinez . Miami International Airport "Carivon construction has provided construction services for Miami International Airport for the last 2 years. Value and quality are of the up most imporlance to Carlvon Construction. They are a great asset for any organizf;ltion that may need their services" Steve Clark SMG/Miami Beach. Convention center "Carlvon isa great contractor, reliable and always ready to provide the services needed on time and budget. " CW Construction. Inc. . John Harrison Harrison Construction Company "Contractor is vel}' conscientious, high integrity. Would be happy to worle with CW again. Excellent performance. ". Buddy Meazaros Miami-Dade College "Vel}' good service and workmanShip. Responds well to owners requests and demands. Would not hesitate to use them again. n 153 Commission Memo Bids No. 12-03/04, 13-03/04, and 14-03/04 May 26, 2004 F & L Construction. Inc. Nury Menicucci City of Miami Beach/CIP -F&L has a pro-active approach in management and takes pride in their work (performing good quality work). n Bruce Lamberto City of Miami Beach/Property Management . . . . "F & L has been very responsive to the four projects that I requested they quote on for us. The immediately came out and met with me to go over proposed work and they did provide timely estimates when we needed it. n F .H. Paschen SN Nielsen Eric Mitchell San Diego Department of General SerVices -F.H. Paschen has provided excellent work products on over 8 million dollars of new and old construction projects. " Jack Farnan Metropolitan Water Reclamation District "F.H. Paschen has worked on the District's JOC program for several years. Theirprices at'9 competitive and their work is done well. n H.A.Contractlna. Inc. HA Contracting, Inc. is an existingJOC Cbntractor With the City. The Procurement staff has contacted CIP, Public Works,. Property Management and the Convention Center for I8ferences. All departments have commented that HA Contracting is a good contractor that has performed well under the existing JOe contract for the City. Pass International. Inc. Roberto Smith Koger Equities "Pass International has been our preferred general contractor for over 10 yearS and will continue to do work for us. Their professionalism and dedication to the job at hand is unsurpassed. I wholeheartedly endorse Pass International as a quality general contractor. " Ronald Langlois Franklin Templeton Companies. LLC -I have used Pass Constroction for over nine . years and I am very. pleased with the quality of their work. Pass construction has. gone out of their way to provide the lowest cost to us without sacrificing quality. They have worked closely with our architect over the past nine years and have identified a number of design problems that would have delayed the project. I have been impressed with the honesty of their ownership. It is nice to do business with an organization that you~ can trust. .. 154 Commission Memo Bids No. 12-03/04, 13-03/04, and 14-03/04 May 26, 2004 Scope of Work: Individual Job Orders issued will determine the scope of work under for each project. Upon receipt of a notice to proceed, .the contractors will furnish all architectural and engineering services (less than $25K) to support individual job orders,shop drawings, samples, management, documentation, materials, . supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work at designated City properties. . The contracts will include but not be limited tothefoll()wing construction repair, renovation, .or new construction projects: Public Works, Capital Improvements Projects, Facilities and Parks, Parking, the Miami Beach Convention Center, and the Jackie Gleason Theater of the Performing Arts. The Public Works Department and the.Capitallmprovements Program (CIP) office will administer the contracts. Evaluation: The contractor will be evaluated on each J()bOrder. Results of the evaluation will impact the issuance of future job orders. Contract Price: The contract price is to include thefumishingof all Jabor, materials, equipment including tools, services, . obtaining permits, applicable taxes, overhead,architectural and engineering services, overhead and profit for the completion of each Job Order. The cost of any item(s) of work not covered by a specific contract unit price shall be treated as a non pre-priced item. Each contract will have an initial term of 12 months. . Eaehcontract will include an option for four (4) additional one-year renewals. Rehewals shall be subject to prior approval of the City Manager. The Contract duration shall not exceed five (5) years. An option term may be exercised when the maximum value of $2 million on the Public Works and Citywide contracts, and $5 million on theCIP contracts is achieved or the eXpiration of the 12 month term, whIchever is first. Based on the analysis of the adjustment factors bid and the volume of construction projects the Administration is recommending the following awards: Public Works: CW Construction, Inc. Citv Wide: Alpine Construction, Inc. CIP: H.A. Contracting, Inc. Carivon Construction, Inc. F & L Construction, Inc. Pass International, Inc. F.H. Paschen SN Nielsen 155 ColIlmission Memo Bids No. 12-03/04, 13-03/04, and 14-03/04 May 26, 2004 CONCLUSION In summary, the JOC system will enable the City to achieve its primary objective of being able to "more rapidly engage contractors" While lowering costs and strengthening internal controls. JOC does not replace anyof the existing contracting systems including program management services. JOC is just an efficient and effective tool for the City to use in accomplishing its facilities maintenance and construction . program. JOC has proven to be a system that can offer immediate as well as long-tenn benefits. The Administration recommends that the .Mayor.and City Commission award contracts to the following contractors pursuant to Invitation for Bids No. 12-03/04, 13-03/04, and 14-03/04: 1) Alpine Construction,lnc.;2) Carlvon Construction, Inc.; 3) CW Construction, Inc.; 4) F & L Construction, Inc.; 5) F .H. Paschen SN Nielsen; 6) H.A. Contracting, Inc.; 7) Pass International, Inc., for capital improvements projects, public works projects, and other citywide projects whereby funds have been appropriated by the City Commission; and further authorizing the Mayor and City Clerk to execute all contractual agreements thereto. JMG:RCM:FB:TM:GL T:\AGENDA\2004\May2604\Regular\JOCCommlsslonMemo.doc 156 ~ ..., :1 ... l' 'i ~ ..., 0'" ~'i ~;:;:; .~~8 fa .N .~~~ 8iXi~ 1:1 157 CD :2 a.~ ()~ ~~ ,-~ ,- :9-0 CD .- ~CD CD ~ "0 CD c:"O ::::J c: 1:)::::J ~1:) c~ 88 alal "g"O E~ ~al (lI ~ C:c .CD (I) ~(I) CD.Q > ~ ~al .r:. I! I! ~o ~a1' c-E 88 $(1) ~~ I-~ ~ t ~ ~ ..j. - 1 ~. ..... M o , M 0- 5 ~. ~M d9~ ..s~o fI) N .~~~ 8~ ~ iiS~ 158 . * * t e- o. ... 5i ! 2 Q. E j! ft (.) 2; ~ ~ g ... c o (.) ... CI) 'E o ~ CI) :2~ -~ 0 ~~~ t~ .....::J _ (V) a. !~t -(\; :29 CON ......~ -CI)"'C ::; "'C .- -CCO ::J '- tsCl) ~-g _... ::J ~Cts p8g tV c ~8 ;:"E tV e~-g tV"E 15~ ~tV IIlC ~m .r=.Q . ~ (Q .llO.r= ts'- gfj ~8.g 5l 8 CI) en . ,.....c: :2 1-1- .. 1: ~ ::iE LL o ~ u 159 'C I T Y 0 F M I AM I BE A C H 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 hUp:\\cl. m lami-beach.fl.us PROCUREMENT DIVISION Telephone (305} 673-7490 Facslmlls (305) 673-7851 INVITATION TO BID ADDENDUM NO.3 April 19, 2004 JOB ORDER CONTRACT: ITB 12-03/04 PUBLIC WORKS DEPARTMENT; JOB ORDER CONTRACT: ITB 13-03/04 CITY WIDE; JOB ORDER CONTRACT: ITB 14-03/04 CAPITAL IMPROVEMENTS PROJECTS is amended as follows: I. Questiollsand Answers : Q: On the bid questionnaire it asks, how many years the organization has been in business while possessing ore of the licenses (General Contractor). Our company has been operating since 1997 doing business as General Contractors but our current license is dated from 2000 (with a different qualifier). Do we meet the minimUn1 requirement as stated in the bid documents which read? "Only General Contractors with a minimum of five (5) years of General Contracting construction experience are eligible to submit bids". A: As long as your company has been in business and licensed as a General Contractor for five (5) years, your company meets the above stated minimum requirements. Q: The invitation to bid, for the mentioned projects, states that the bidder must hold a Florida Certified General Contractor's License. If the work being performed inITB 12-03104 is primarily for sitelciviVutility type projects, why is it necessary for the bidder to hold a valid Florida Certified General Contractor's License? Will a contractor holding an engineering license be allowed to bid on the project? A: A Florida Certified General Contractor's License is necessary because of the complexity and diversity of the projects that will be performed under this contract. A contractor holding an engineering license will not be allowed to perform under this contract; only contractors who have a State of Florida Certified General Contractor's License will be allowed to perform under this contract. Page 2 Addend1lltl 3 II. The attached page 136 of the Project MimuaI has been amended, please discard original page in the Project Manual and replace with attached page. Bidders are required to acknowledf!e receipt ofthis Addendum or the bid mav be considered non~responsive. CITY OF MIAMI BEACH r~' Gus Lopez, CPPO Procurement Director rm PROJECT MANUAL ARTICLE6 ECONOMIC PRICE AOJUSiMENT. (APPLlCAaLE TO THE OPTION PERIODS ONLY) 6.1. This Article . provides a mealls to adjust the Contractor's Adjustment Factors on an allnual basis bv mutual aareement of the contractina parties from the date of the Contract award. The actual neaotiated escalation/de-escalation will not exceed as measured by the Construction Cost Index (CCI) published in the ENR (formally known as Engineering News Record) calculated for the U.S. Twenty (20) City Index. 6.2. The "original Adjustment Factors" are those Adjustment Factors submitted with the Contractor's Bid that remain in effect for a one year period beginlling with the date of Contract award. Providing the Contract is still in effect, the Contractor's Adjustment Factors shall be neaotiated at each allnual anniversary date of the Contract award (Le. in beginning of month 13. 25, 37 and 49 of the Contract). m ..... 6i CCI iRdioOG Ol~pld~IiSAgdRH~RtAl~i TAe "~OlSOyeiar" fer tRO ,H;ltpglieS gf tRis p~,'isieR is tAli 12 meRtR per-igd pRer tli tR9 C9RtRilGt a"Ja~ 1'RO "baGo yoar iRdex" is detolmiRli'il ~~. sldmmiJ;1ij tRO. mORtRI)' CCI iRsi'iloS eeijiRRiRg "'itR tAe meRt!;JfiFier te t!;Jo ^"'a~ IiIatefer eas!;J9f tRe 12 R:leRtRs .9f t!;Jo "~ase )'oar" aRd ai"iaiR9 by 12 TRli ~sldlt is theQ"orage eel fer the "sase year." i 1 TAO"eeJ;1tFaGt ~'liar" is tRe 12 meAtR peRes fell9>"iRij t!;Je iRitial CORttQGtQ!'Ja~. 1'RO "eoRtraGt :/elilr iRaox" is aster.miRoa ~y swmmiAij tRo meAthl)' CCI iRaiso& fer tRO iRitial 12 meRtR SORvaGt poriea aAda"i"jaiRij S)' 12 1'Ro ~swlt is tRO a"OFa~e CCI fer tAO "seRtraGt year" i Ii 1'AO lieeAemis PFiee^ ajldstmoAt fer mORt!;Js .1121 ef the C'eRtmetisaoter.miReil br iliviaiRij tRe "eeRtFaGt yoar iRilex" ~). tRO "saso yoar iAlilell" ne CeRtFaGter's ^sjustmoRt paGlsr;s fer meRt!;Js 13 21eftho C'oRtralilt aFeaotelmiROa b)' m\;lltifil:;iRg tAe IiseAemis PRse ^Qj\;lstmeRt S)' the "eFigiRal AajldstmQAt pastors" ne iseRemis PRse .~Qj\;lstmeRt fer meRths 25 3G, 37 48, rmlil 4Q Gg "'ill so ealliwlatelil iR OlR ilileRtieal maRAeF. slililiR9 tAli ":lear iRlileH" aRd tRe "seJ;1tRilst ~'ear iRdex" 12 mOJ;1tRli fe~"a~. 6.6 ^ II. tRe. ase"e sompl;/tati9Rs. sAall be earrielil. tgfi"e (5). deeimar filiaeos aAQ t!;JeR feldRa9a te feldr (1) aeGimOlllilases . ReldJ;11i1iRij 9f RwmserG sAall be aesomfililiRea ~y iRsreasiRg tRe feWRA aeeimal plass if the fiftR aeGimal is e'llolal to fh~ sr greater If tRS fiftR aesiR:lal filase is 9'1.lldal tgfelolr erlesll,tAe fSt.lRR aesimalliRall l'emaiR WRsROlRsea. ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 7.1. The CITY is not required to furnish drawings or additional specifications for Job Orders issued under this contract. The CITY may, however, choose to Page 136 City of Miami Beach CopyIlghl02004 Tho Gadl.. Group March 2004 CITY 0 F M I AM I B E AC H 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\cl.mlaml-beach.fl.us P~OCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID ADDENDUM NO.2 April 12,2004 JOB ORDER CONTRACf: ITB 12-03/04 PlJBLIC WORKS J)EP ARTMENT;JOBORDER CONTRACf: ITB 13-03/04 CITY WIDE; JOB ORDER CONTRACf: ITB 14-03/04 CAPITAL JM1lROVEMENTS PROJECfS is amended as follows: I. Clarifications: 1. A bid guaranty is REOUlRED to be submitted with your bid response, and the amounts are as follows: - ITB 12-03/04 Public Works Departmefit . $25,000 - ITB 13-03/04 - City Wide - $25,000 - ITB 14-03/04 - Capital Improvement Projects- $50,000 2. Correct line 4, of Bid Fonn 2, to read as follows: - 4. Multiply Line 3 by :2160 (.90x.80 x.30)............................. Attached are amended Bid Form 2, for all three projects, discard originals in the Project Manual and replace with attached amended pages. 3. Deadline for receipt of questions for all three projects have been changed to 5:00PM on Thursday, April 15, 2004. . Bidders are required .to acknowledee receiut of this Addendum or the bid may be considered non-responsive. CITY OF MIAMI BEACH /) A'" ~_/./" (. t:::'-- Gus Lopez, CPPO Procurement Director rm BID FORM 2 COMBINE:D ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER ITB 12-03/04 CITYWIDE For the purposes of determining the low bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). 1. Normal Working Hours Construction Adjustment Factor ........................ 2. Multiply Line 1 by .5040 (.90 x.ao x.70) ..................................................... 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services...................................................... 4. Multiply Line 3 by .2160 (.90 x.SO x.30)...................................................... 5. Other Than Normal Working Hours Construction Adjustment Factor.... 6. Multiply Line 5 by .1260 (.90 x.20 x.70). ..................................................... 7. other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ..........;.................................. 8. Multiply line 7 by .0540 (.90 x.20 x.30) ....................................................... 9. Normal Working Hours Construction using Davis Bacon Wages........... 10 Multiply Line 9 by .0560 (.10 x ,80 x.70) .................................................... 11. Normal Working Hours Con~truction using Davis Bacon Wages with Architectural and Engineering Services ..................................................... 12 Multiply Une 11 by .0240 (.10 x .80 x.30) ................................................. 13 Other Than Normal Working Hours Construction using Davis Bacon... 14. Multiply line 13 by .0140 (.10 x .20 x.70).................................................... 15 other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering .Services...................................................... 16. Multiply line 15 by .0060 (.10 x .20 x.30) .................................................... 17. Add lines 2+4+6+8+10+12+14+16 ....................................................~......... (Combined Adjustment Factor) BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER ITB 13-03/04 PUBLIC WORKS DEPARTMENT For the purposes of determining the low bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). 1. Normal Working Hours Construction Adjustment Factor ........................ 2. Multiply Une 1 by .5040 (.90 x.80x.70) ..................................................... 3. Normal Working Hours Construction Adjustment Factor with Architectural.and Engineering Services ...................................................... 4. Multiply Une 3 by .2160 (.90 x.80 x.30)...................................................... 5. Other Than Normal Working Hours Construction Adjustment Factor.... 6. . Multiply Une 5 by .1260 (.90 x.20 x.70). ..................................................... 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................. __~ 8. Multiply line 7 by .0540 (.90 x.20 x.30) ....................................................... 9. Normal Working Hours Construction uSing DaVis Bacon Wages........... 10 MUltiply Une 9 by .0560 (.10 x .80 x.70) .................................................... 11. Normal Working Hours Construction using DaVis Bacon Wages with Architectural and Engineering Services ..................................................... __ 12 Multiply Une 11 by .0240 (.10 x .80 x.30) .................................................__ 13 Other Than Normal Working Hours Construction using Davis Bacon... 14. Multiply line 13 bY .0140 (.10 x .20 x.70) .................................................... 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services...................................................... 16. Multiply line 15 by .0060 (.10 x .20 x.30) .................................................... 17. Add lines 2+4+6+8+1 0+12+14+16........~..................................................... (Combined Adjustment Factor) BID FORM 2 COMBINED ADJUStMENT FACTORWORKSHEET FOR CONTRACT NUMBER ITB 14.03/04 CAPITAL IMPROVEMENT PROJECTS . . For the purposes of determining the low bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). 1. Normal Working Hours Construction Adjustment Factor ........................ __ 2. Multiply Line 1 by .5040 (.90 x;80 x.70) ..................................................... 3. Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services..,................................................... 4. Multiply Line 3 by .2160 (.90 x.ao x.30) ...................................................... 5. Other Than Normal Working Hours Construction Adjustment Factor....__ 6. Multiply Line 5 by .1260 (.90 x.20 x.70). ..................................................... 7. Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................. 8. Multiply line 7 by .0540 (.90 x.20 x.30) ....................................................... 9. Normal Workirg Hours Construction USing Davis Bacon Wages........... 10 Multiply Line 9 by .0560 (.10 x ,ao x.70) ....................................................__ 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services ..................................................... 12 Multiply Line 11 by .0240 (.10 x .80 x.30) ................................................. 13 Other Than Normal Working Hours Construction using Davis Bacon... 14. Multiply line 13 by .0140 (.10 x .20 x.70) ..................................................., 15 Other Than Normal Working Hours Construction using Davis Bacon with Architectural and Engineering Services...................................................... 16. Multiply line 15 by .0060 (.10 x .20 x.30) .................................................... 17. Add lines 2+4+6+8+10+12+14+16.....,..;...................................................... (Combined Adjustment Factor) CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 http:\\cl.mlaml-beach.fl.us PROCUREMENT DIVISION Telephone (305) '673-7490 Facsimile (305) 673-7851 INVITATION TO BID ADDENDUM NO.1 March 31, 2004 JOB ORDER CONTRACT: ITB 12-03/04 PUBLIC WORKS DEPAllTMENT;JOBORDER CONTRACf: ITB 13-03/04 CITY WIDE; JOB ORDER CONTRACT: ITB 14-03/04 CAPITAL IMPROVEMENTS PROJECTS is amended as follows: I. The Mandatory Pre-Bid Conference that was advertised in Volume 1 - Project Manulll of the CD has been amended as fonows: A Mandatory Pre-Bid Conference has been schedllIed for 9:30 A.M., April 8th, 2004, at the City of Miami Beach Convention Center, 4th Floor Executive Offices ConfereJice Room located at, 1900 Convention Center Drive, Miami Beach, FL 33139. Intending Bidders must attend the Mandatory Pre -Bid Conference. The Mandatory Pre -Bid Conference is held for the purpose of discussing the JOC concept and the Contract Documents, the City's construction program, and bid considerations. Bidders must be represented by a person that will be directly involved preparing the JOC bid and responsible for executing the construction work. Any Bidder submitting a bid and who was not represented and signed in at the Mandatory Pre -Bid Conference may be deemed non-responsive. Bidders are 'required .to acknowledlZe' receipt of this Addendum or the bid may be considered non-responsive. CITY OF MIAMI BEACH ~~ '" ,~/,/ . .::>- Gus Lopez, CPPO Procurement Director rm ~:. THE GOROIA~ GROlJPilll . .~' Pr'ojel::t Manual INVITATION TO BID ..................................................................................................1 00200 DEFIN ITIONS ........ ..... ...... ..... ........... .......... ..... ......... ............. ...... ...6 00300 INSTRUCTIONS TO BIDDERS....................................................14 1. General: ........ ......... ........... ............. ............... ...,.. .............. ............14 2. Examination of Contract Documents: ...........................................14 3. Submission of a Bid:......................................................................14 4. Scope of Work: .............................................................................14 5. Job Order Contract Overview: ......................................................15 6. Contract Documents:....................................................................16 7. Location of Work: .........................................................................17 8. Abbreviations and Symbols: .........................................................17 9. Pre-Bid Interpretations: ................................................................18 10. Submitting Bids: ............................................................................18 11. Printed Form of Bid: ......................................................................18 12. Bid Guaranty: ................................................................................18 13. Acceptance or Rejection of Bids:..................................................19 14. Determination of Award: ...............................................................19 15. Evaluation: .....;........ ........ .............. ......... ........ ....... ..;.............. .........20 16. Contract Price:.... ...... ..... .... ............. .......... ...... ....... ....... ........ ...... ...20 17. Postponement of Date for Presenting and Opening of Bids: ... ..... ..... ........ ........... ... ...... ....... ..... ..... ...... ................ ...... .......20 Qualifications of Bidders: ..... ...... ... .............. ...... ................ ..... ...... ..20 Addenda and Modifications: .........................................................20 Prevailing Wage Rates: ..;.....;.......................................................21 BIDfTENDER FORM .......... ........... ...... ........ ........ ...... ..... ... ....... ....22 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES .......25 FORM OF BID.......... ..... ................................ .................... ....... ....26 SUPPLEMENT TO BIDfTENDER FORM - QUESTIONNAIRE ....41 SUPPLEMENT TO BIDITENDER FORM - NON-COLLUSION CERTIFiCATE...... ...... ....... ..... ........ ...... ........... ........... ......... ..... ....47 SUPPLEMENT TO BIDITENDER FORM - DRUG FREE WORKPLACE CERTIFICATION ..................................................48 SUPPLEMENT TO BIDITENDER FORM-TRENCH SAFETY ACT .....................................................................................................50 RECYCLED CONTENT INFORMATION .....................................51 CONTRACT .................................................................................52 FORM CERTIFICATE OF INSURANCE ......................................64 FORM OF PERFORMANCE BOND.............................................65 FORM OF PAYMENT BOND .......................................................68 CERTIFICATE AS TO CORPORATE PRINCIPAL.......................70 00400 00405 00407 00500 00520 00530 00540 00500 00600 00708 00710 00720 00721 18. 19. 20. . - TABLE OF CONTENTS City of Miami Beach copyright 0 2004 The Gordian Group Page i ...~/............................../. ~ Project Manual .",~. 00735 00800 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. PERFORMANCE AND PAYMENT GUARANTY FORM.............. 71 GENERAL CONDITIONS ............................................................ 73 Project Manual: ... ... ....... ...... .., ..... ..... ......... .......... ....... .......... ........ 73 Intention of City: ...........................................................................74 Preliminary Matters: ..................................................................... 74 Performance Bond and Payment Bond: ...................................... 74 Qualification of Surety:................................................................. 75 Indemnification:............................................................................ 76 Insurance Requirements:.. .................. .......... ......... ................ ...... 77 Labor and Materials: .................................................................... 79 Royalties and Patents: ................................................................. 80 Weather: ... ..... ...... ............. ......... .... .................... ..... ......... ............80 Permits, Licenses and Impact Fees: ............................................ 80 Resolution of Disputes: ................................................................81 Inspection of Work: ..............,....................................................... 82 Superintendence and Supervision: ........;~.................................... 83 CITY's Right to Terminate Contract: ............................................ 84 CONTRACTOR's Right to Stop Work or Terminate Contract: ........ .... .... ... ............................ ............... ........ ........ ........ 86 Assignment: ... .... ......... ...... ....... ............. ........... .... .... ....... ............. 86 Rights of Various Interests:.......................................................... 86 Differing Site Conditions: ............................................................. 86 Plans and Working Drawings: ......................................................87 CONTRACTOR to Check Plans, Specifications and Data:.......... 88 CONTRACTOR's Responsibility for Damages and Accidents: ....88 Warranty: ... .......... ....... .............. ..... ......... ...... ... ................ ......... ... 88 Supplementary Drawings:........................................,................... 89 Defective Work: ...... .... .............. ....... ....... ......... ................. ........... 89 Taxes: ........ ............ .....,............. ..... ........ .......... ............... ............. 90 Subcontracts:............................................................................... 90 Separate Contracts:.. ..... ...... ......... ........ ............... .................. ...... 94 Use of Completed Portions: ......................;..................................94 Lands for Work: ...........................................................................95 Legal Restrictions and Traffic Provisions: ....................................96 Location and Damage to Existing Facilities, Equipment or Utilities: .....................................................................................................96 Value Engineering: . .................. ....... ................. ................. ....... ....97 Continuing the Work: ................................................................... 97 Changes in the Work or Terms of Contract Documents: .............97 Field Orders and Supplemental Instructions: ............................... 98 Change Orders: ........ ....... ........ ...... ........... ........ ........... ................ 98 Value of Change Order Work: ,.................................................... 99 Notification and Claim for Change of Contract Time: ................... 99 City of Miami Beach copyright <<> 2004 The Gordian Group March 2004 . ~ -:~"; Project Manual 00900 00923 00925 00926 00930 01000 02000 40. 42. 43. 43. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. No Damages for Delay: ...;..........................................................100 Substantial Completion: .............................................................102 No Interest.................................................................................103 Shop Drawings and Samples: ....................................................103 Field Layout of the Work and Record Drawings: ........................104 As-Built Drawings: ...........;..........................................................105 Safety and Protection: ............... .................................................1 06 Payment by CITY for Tests: .......................................................107 Project Sign: ...............................................................................107 Hurricane Precautions: ...............................................................107 Cleaning Up; CITY'S Right to Clean Up: ....................................107 Removal of Equipment ..............................................................108 Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:....................................................................108 . Project Records: .;............;..........................................................1 09 Occupational Health and Safety: ................................................109 Environmental Regulations: .......................................................111 SUPPLEMENTARY CONDITIONS ............................................112 STATEMENT OF COMPLIANCE ...............................................113 CERTIFICATE OF SUBSTANTIAL COMPLETION ....................124 FINAL CERTIFICATE OF PAYMENT ........................................126 FORM OF FINAL RECEIPT .......................................................127 ADDENDA AND MODIFICATIONS............................................129 JOC SUPPLEMENTAL CONDITIONS .......................................133 March 2004 City of Miami Beach copyright C 2004 Tho Gordian Group Page III Project Manual This Page Intentionally Left Blank g ~ -:-:;.- Page Iv March 2004 City of Miami Beach copyright C 2004 The Gordian Group . Project Manual C I TYOF M IAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 613-7490 Facsimile (305) 673-7851 INVITATION TO BID JOB ORDER CONTRACT; ITS 12..()3/04PUSUCWORKS DEPARTMENT JOB ORDER CONTRACT;ITB 13-03/04 CITY WIDE JOB ORDER CONTRACT; ITB 14-03/04 CAPITAL IMPROVEMENTS PROJECTS NOTICE TO CONTRACTORS Sealed bids Will be received by the City of Mia.mi Bea.ch Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. local time for Job Order Contracts (hereinafter called JOC) according to the Bid Table below: Ohly General Contractors with a minimum of five (5) years of General Contracting construction experience are eligible to submit bids. The bid dates and contract values for the referenced Job Order Contracts are as follows: BID TABLE . . . Bid Number Bid Due Maximum Maximum Contract Date Contract Total Value ValuefTerm ITB12-03/04 4/20/04 $2,000,000 $10,000,000 ITB 13-03/04 4/21/04 . $2,000,000 $10,000,000 ITB 14-03/04 4/22/04 . $5,000,000 $25,000,000 March 2004 Page 1 City of Miami Beach copyright 0 2004 The GordiBll Group Project Manual g .- -=-- A JOC is a cornpetitive bid resulting in a firm fixed priced indefinite quantity construction contract pursuant to which the Bidder/Contractor will perform a variety of work at different project locations. The Scope of Work includes a collection of detailed repair, construction and demolition tasks with related performance specifications and pre-established unit prices. The contracts are for the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, demolition and construction of infrastructure, buildings, structures, or other real property. Work is accomplished by means of issuance of a Job Order against the contract. Under the JOC concept, the Contractor is required to furnish all management, documentation, labor, materials and equipment needed to perform the work including architectural and engineering services to support individual Job Orders. Each contract will have an initial term of 12 months. At the City's sole discretion, each contract will include an option for four (4) additional terms. The contract duration shall not exceed five (5) years. An option term may be exercised when the maximum value of $2,000,000 for 12-03/04 and 13-03/04 and $5,000,000 for 14- 03/04 is achieved or the expiration of the 12 month term for as listed in the bid table for each contract number. The Bidder's for JOB ORDER CONTRACT ITB 12-03/04 PUBLIC WORKS DEPARTMENT must hold at the time of submitting the Bids, a valid Florida Certified General Contracting License. The work for this contract will be used primarily for site/civil/utility type projects. The Bidder's for JOB ORDER CONTRACT ITB 13-03/04 CITYWIDE must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for renovation and or repair and minor new construction type projects. The Bidder's for JOB ORDER CONTRACT ITB 14~03/04 CAPITAL IMPROVEMENT PROJECTS must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for City's Right Away Projects, renovation and or repair and minor new construction type projects. If the Bidder is a joint venture, the joint venture itself will be considered a separate and distinct organization and must be in compliance with all requirements of the State statutes and the Florida Contracting licensing regulations. At time, date, and place referenced herein, bids will be publicly opened. Any bids received after time and date specified will be retumed to the Bidder unopened. The Page 2 City of Miami Beach copyright C 2004 The Gordial Group March 2004 .~ u... :'~ ~ Project Manual responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the Bidder. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Page 3 . ....~'..:. Project Manual A Mandatory Pre-Bid Conference has been scheduled for 9:30 A.M., April 8th, 2004, at the Miami Beach Convention Center, 4th Floor Conference Room, 1900 Convention Center Drive, Miami Beach, FL 33139. Intending Bidders rnust attend the Mandatory Pre-Bid Conference. The Mandatory Pre-Bid Conference is held for the purpose of discussing the JOC concept and the Contract Documents, the City's construction program, and bid considerations. Bidders must be represented bya person that will be directly involved preparing the JOC bid and responsible for executing the construction work. Any Bidder submitting a bid and who was not represented and signed in at the Mandatory Pre-Bid Conference may be deemed non-responsive. A Bid Bond will not be required for this contract. The successful bidder will be required to fumish an initial Performance and Payment Bonds, each in the amount of $2,000,000. The bid package will be available March 30th ,2004, and can be ordered or picked up at the City of Miami Beach, City Hall, Procurement Division, 1700 Convention Center Drive, Miami Beach Florida 33139. The cost for these bid documents is $100.00. Checks or money orders should be made payable to City of Miami Beach. The Bidder may also purchase the Bid Documents the day of the Pre-bid Conference. Bid Documents will be available on CD-ROM. Volume I the Project Manual and Volume II the Construction Task Catalog will also be included as a paper copy. The contact person for this Bid is the Procurement Director. The Procurement Director may be contacted by phone: 305-673-7495; fax: 305-673-7851; or e-mail: guslopez@miamibeachfl.gov. Oral cOmmunication between a bidder, lobbyist or consultant and the Procurement Director is limited to matters of process or procedures. Request for additional information or clarifications must be made in writing ,to the Procurement Director, with a copy to the City Clerk, no later than 10 calendar days prior to the Bid Opening. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a Bid that all addenda ' have been received. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. City of Miami Beach copyrlghtO 2004 The Gordian Group March 2004 Page 4 tb -.. Project Manual It is the current intention of the City of Miami Beach to award at least one (1) Job Order Contract for each contract number under this solicitation on the basis of the lowest and best bid. However the City of Miami Beach reserves the right to award multiple contracts, if determined to be in the City's best interest. Such multiple awards shall not affect the Maximum Contract Total Value, as stated above, for each contract awarded. The City of Miami Beach will award only one JOC contract to a single Contractor under this advertisement (I.e., no Contractor will be awarded more than one (1) JOC contract). YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT To THE .CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE 99 -3164 AS AMENDED. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. Detailed representation of all these ordinances can be found on the City of Miami Beach Website at http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp City of Miami Beach copyright 0 2004 The Gordiwl Group CITY OF MIAMI BEACH Gus Lopez, CPPO, CPPB Procurement Director Page 5 ..~..............................<. EW Project Manual -=- 00200 DEFINITIONS 1. Definitions: When ever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. ACCEPTANCE: Shall mean that construction on an individual Job Order is Substantially Completed in accordance with the Contract Documents including all punch lists items. At the time of acceptance, a Certificate of Completion will be issued and the Final Certificate of Payment will be processed. All warranties and guarantees for completed work shall commence at Final Completion. The date of acceptance will be selby the CITY. 1.2. ADDENDUM or ADDENDA: Shall mean the additional Contract . provisions issued in writing by the Contract Administrator prior to the receipt of bids. 1.3. ADJUSTMENT FACTORS: The Contractor's competitively bid price adjustment to the unit prices as published in the Construction Task Catalog. Contractors must bid 2 sets of adjustment factors; one set for work accomplished during normal working hours and for work accomplished during other than normal working hours with and without architectural and engineering services. The second set of adjustment factors for work accomplished during normal working hours using Davis Bacon Wages and for work accomplished during other than normal working hours using Davis Bacon Wages with and without architectural and engineering services. The adjustment factors must be expressed as an increase or decrease from the published prices. 1.4. ADVERTISEMENT: Shall mean the publicly placed Advertisement For Bid inviting Bidders to submit a Bid. The term "Solicitation" may be interchangeably used with the term Advertisement. 1.5. AGREEMENT: Shall mean the document duly signed by the . Contractor and the City, binding both parties to the terms of the Contract Documents. 1.6. BIDDER: Any individual, firrtl, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.7. CHANGE ORDER: A written document ordering a change in the Contract Price or Contract Time or a material change in the Work. 1.8. CITY: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a Page 6 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 . .......~................................................. ~ ~- ~ Project Manual 1.9. 1.10. 1.11. 1.12. 1.13. 1.14. 1.15. U6. party hereto and/orwhichthis Contract is to be performed. In all respects hereunder, for performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. CITY COMMISSION: City Commission shall mean the goveming and legislative body of the City. CITY MANAGER: City Manager shall mean the Chief Administrative Officer of the City. CLAIM: Shall mean a right existing on behalf of any person that might develop into a lien in favor of the claimant if such right existed against any person or entity other than a public body. CONSTRUCTION TASK GAT ALOG: Shall mean the comprehensive listing of specific construction or construction related tasks together with a specific unit of measurement and a unit price. (Also referred to as the "CTC"). CONSULTANT: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for various Projects. Whenever the term .Consultant" is used in these documents, it shall be construed to mean the Consultant, through the Program Manager. The Program Manager may on a project by project determination act as the City's representative. CONTRACT: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. CONTRACT ADMINISTRATOR: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to Job Order Contracts. CONTRACT DOCUMENTS: The Project Manual including, the Notice for Bids, Addenda,if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, Change Orders, Field Orders, Supplemental Instructions, JOC Supplemental Conditions, Job Orders and any additional documents the submission of which is required by this City of Miami Beach copyright 0 2004 lhe GordlErl Group Page 7 Project Manual . 1.17. 1.18. 1.19. 1.20. 1.21. 1.22. 1.23. 1.24. Project Manual, are the documents which are collectively refetred to as the Contract Documents. The Contact Documents consist of the follow Volumes: Volume I, Project Manual. Volume lIa, Book 1 of 3, Construction Task Catalog. Volume lib, Book 2 of 3, Construction Task Catalog. Volume ilia, aook 1 of 3, Technical Specifications. Volume IIIb, Book 2 of 3, Technical Specifications. Volume IIIc, Book 3 of 3, Technical Specifications. CONTRACT PRICE: The original adjUstment factors established in the bid submittal and awarded by the City. CONTRACT TIME: Unless otherwise ptovided, the Contract Time is the period of time, measured in calendar days, allotted in the RFP for the Substantial Completion of the individual Job Order. CONTRACTOR: The person, firm, or Corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Wotk. All references in the Contract Documents to third parties under contract or control of Contractor shall also be deemed to be a reference to Contractor. DAYS: Shall mean calendar days. DETAILED SCOPE OF WORK: Shall be determined by individual Job Orders issued hereunder. The Detailed Scope of Work is the complete description of services to be provided by the Contractor under an individual Job Order. The Detailed Scope of Work will include sufficient documentation for a given project as determined by City. Documentation may include a narrative description of the work, partial architectural documents or full architectural documents depending on the complexity of the specific project. EMERGENCY: Shall mean such situations as shall require immediate action preventing Contractor from contacting City prior to execution. FIELD ORDER: A written order which ordel'S minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. FINAL COMPLETION: The date certified by the City or progtam Manager in the Final Certificate of Payment upon which all conditions Page 8 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 ---=- . Project Manual and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by the City or Program Manager; any other documents required to be provided by Contractor have been received by the City or Program Manager; and to the best of the City's or Program Manager's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Docurnents. 1.25. INSPECtOR: An authOrized representative of the City or Prograrn Manager assigned. to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. 1.26. . JOB ORDER: The portion of the Contract Docurnents that sets forth . the Detailed Scope of Work, the schedule, and a firm fixed lump sum price to be paid to the Contractor. It also consists of any special conditions that might apply to a specific Job Order such as Liquidated Damages and technical submittals, plans and drawings, the Notice to Proceed, and other documents required by the City. 1.27. JOB ORDER COMPLETION TIME: Shall mean the period of time allotted for the Contractor to achieve Final Completion of a Job Order. 1.28. JOB ORDER CONTRACT: Shall mean a cornpetitivelyawarded, indefinite quantity contract for accomplishing construction and construction related services. Work is accomplished through the issuance of individual Job Orders against the Contract. Each Job Order issued under the JOC will be a firm fixed priced order for accomplishing a specific Detailed Scope of Work. 1.29. JOB ORDER PRICE PROPOSAL: Shall mean the Contractor prepared documents quoting a firm fixed price and schedule for the competition of a specific Detailed Scope of Work as requested by City. The Proposal might also contain approved drawings, permits or other such documentation as the City might require for a specific Job Order. 1.30. JOINT SCOPE or JOINT SCOPING: Shall mean the joint activity that takes place at the Site with the City and or Program Manager and the Contractor wherein a proposed Job is discussed and examined, and the framework of the Detailed Scope of Work is developed. 1.31. LAW or LAWS: Shall mean the Constitution of the State of Florida, a statute of the United States or of the State of Florida, a local law of March 2004 City of Miami Beach copyright C 2004 The Gordian Group . ~ -=- .. Project Manual the City of Miami Beach or County of Miami-Dade, and any other ordinance, rule or regulation having the force of Law. 1.32. MATERIALS: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.33. MATERIALMEN: Shall mean any person, firm or corporation, other than employees of the Contractor, who or which contracts with the Contractor, or any. Subcontractor to fabricate or deliver, or who actually fabricates or delivers, plant materials or equipment to be incorporated in the Work. 1.34. MAXIMUM CONTRACT TERM VALUE: Shall mean the maximum dollar value of Work that can be ordered under this Contract during any single term of the Contract. 1.35. MAXIMUM CONTRACT TOTAL VALUE: Shall mean the maximum dollar value of Work that can be ordered under this Contract during the entire duration of the Contract. 1.36. MEANS AND METHODS OF CONSTRUCTION: Shall mean the labor, materials in temporary structures, tools, plant, and, construction equipment, and the manner and time of their use, necessary to accomplish the result intended by a Job Order. 1.37. MINIMUM CONTRACT VALUE: Shall mean the minimum dollar value of Work that can be ordered during the duration of the Contract. 1.38. NON PRE-PRICED TASKS: Shall refer to work tasks required to perform individual Job Orders that are not included in the Construction Task Catalog but within the general scope and intent of this Contract. Such work requirements shall be incorporated into and made a part of this Contract for the Job Order to which they pertain, and may be incorporated into the Construction Task Catalog, if determined appropriate by the City. Non pre-priced work requirements shall be separately identified and submitted in the Job Order Price Proposal. 1.39. NORMAL WORKING HOURS: Shall mean the hours of 8:00 AM to 5:00 PM Monday through Friday except Holidays. 1.40. NOTICE(S) TO PROCEED: Written notice to Contractor authbrizing the commencement of Job Orders. 1.41. OTHER CONTRACTORS: Shall mean any person, firm or corporation with whom a Contract has been made by City for the Page 10 March 2004 ..i.lfiii\.. .................... . .................. ~ .-,~--- project Manual performance of any work Which is not a portion of work covered under this Contract. 1.42. OtHER THAN NORMAL WORKING HOURS: Shall mean the hours of 5:01 PM to 7:59 AM Monday through Friday and any time Saturday, Sunday, and Holidays. City holidays are as follows: New Years Day, Martin Luther King Day, the designated Spring Holiday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, .the designated Christmas Holiday, Christmas Day. The Contractor will not normally be permitted to work on City holidays. Work required other than during the aforementioned working period will be at the City direction and/or and require City's . approval prior to commencement of work activities. 1.43. PLANS AND/OR DRAWINGS: The official graphic representations as needed on each Job Order to represent or supplement the Detailed Scope of Work. 1.44. PRE-PRICED TASK: Shall mean a task included in the Construction Task Catalog for Which a Unit Price has been established. 1.45. PROGRAM MANAGER: An authorized representative contracted by the City who may be assigned individual JOC projects. This individual designated by the City as being responsible for managing, supervision and acceptance of Job Orders. 1.46. PROGRESS SCHEDULE: Shall mean a bar chart submitted by the Contractor and subject to approval by the City showing the overall Job Completion Time and subdivided for each critical operation therein. 1.47. PROJECT: The construction project as described in the Job Order. 1.48. PROJECT INITIATION DATE: The date as specified in the Job Order Notice to Proceed upon which time commences for completion of the Job Order. 1.49. PROJECT MANUAL: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents. 1.50. PROJECT COORDINATOR: Shall -mean the individual assigned by the City as being responsible for managing, supervision and acceptance of Job Orders 1.51. PROVIDE or FURNISH: Uniess specifically noted otherwise, shall mean supply and install complete and ready for operation and use. City of Miami Beach copVright 0 2004 The Gordian Group Page 11 March 2004 Project Manual . ~ 1.52. 1.53. 1.54. 1.55. 1.56. 1.57. 1.58. 1.59. 1.60. 1.61. PUNCH LIST: Shall mean a compilation of items that have not been completed in accordance with an individual Job Order. REQUEST FOR PROPOSAL (RFP): Shall mean the Document issued by the City that formally requests the Contractor to prepare a Job Order Price Proposal for a Detailed Scope of Work. RESIDENT PROJECT REPRESENTATIVE: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. SAMPLES: Shall mean the physical examples submitted by the Contractor of materials, equipment or Workmanship to establish a standard that the Contractor is required to meet. SHOP DRAWINGS: Shall mean drawings, diagrams, illustrations, schedules, test data, calculations, performance charts, cuts, brochures, al"ld other data which are prepared by the Contractor and which illustrate a portion of the Work. SITE: Shall mean the area UPOl"l or in which the Contractor's operations are carried on; and such other areas adjacent thereto as may be designated as such by the Project Coordinator and or Program Manager. SPECIFICATIONS: Shall mean all of the definitions, instructions, descriptions, directions, requirements, provisions and standards (and all written supplements thereto) pertaining to the methods, (or manner) of performing and actual performance of the Work, or quantities and quality (as shown by test records) of accepted materials to be furnished under this Contract, as hereinafter detailed and designated in the Contract Documents. Specifications for this contract include Volume Ilia, IIIb, IIIc, South Florida Building Code and standard City of Miami Beach Specifications. STATE: Shall mean the State of Florida. SUBCONTRACTOR: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. SUBSTANTIAL COMPLETION: The date certified by the City and or Program Manager when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for Page 12 March 2004 ...~.......................... ~ >,'~.- Project Manual 1.62. 1.63. 1.64. 1.65. 1.66. Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy 01' Certificate of Completion or the date thereof are not to be detel'minative of the achievement or date of Substantial Completion. SUPERINTENDENT: Shall mean the supervising representative of the Contractor who is present on the work site at all times during progress, authorized to receive and fulfill instructions from and communicate with City, ahd capable of superintending the work efficiently. The Superintendent shall not actually perform the physical tasks involved unless otherwise waived in writing by City. SURETY: The surety company or individual which is bound by the performance bond and payment bond with and for CONTRACTOR who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. UNIT PRICE: Shall mean the price published in the Construction Task Catalog for a specific construction or construction related task. The unit prices are fixed for the duration of the Contract. Each unit price is comprised of the Labor, Equipment and Materials costs to accomplish that specific task. WAGE DECISION: Shall mean the applicable federal wage determination provided by the City as issued by the U.S. Department of Labor. WORK: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. March 2004 City of Miami Beach copyright 0 2004 The Gordian Group Page 13 . Project Manual ~.... 00300 INSTRUCTIONS 1'0 BIDDERS 1. General: 1.1 The following instructiohS and those set forth herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions 2. Examination of Contract Documents: It is the responsibility of each Bidder before submitting a Bid, to: 2.1. Examine the Contract Documents thoroughly. 2.2. Take into account Federal, State and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 2.3. Carefully review the Contract Documents and notify the City of all conflicts, errors or discrepancies in the Contract Documents, of which Bidder knows or reasonably should have known. 3. Submission of a Bid: 3.1. The submissiOn of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4. scope of Work: 4.1. The Scope of work under this Contract shall be determined by individual Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the Contractor shall furnishes all architectural and engineering services to support individual Job Orders, shop drawings, samples, management, documentation, materials, supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work . at designated City properties. 4.2. The Contracts will be for the following: Page 14 City of Miami Beach copyright 4) 2004 The Gordian Group March 2004 . "-" Project Manual JOB ORDER CONTRACT ITB 12-03/04 PUBLIC WORKS DEPARTMENT The Contract may be used to perform any work on facilities under the jurisdiction of the City but is to be used primarily for site/civil/utility type projects under the jurisdiction of the Public Works Department. JOB ORDER CONTRACT ITB 13-03/04 CITYWIDE The Contract may be used to perform any work on facilities under the jurisdiction of the City but is to be used primarily for work for renovation and or repair and minor new Construction and can be used City wide. JOB ORDER CONTRACT ITB 14-03/04 CAPITAL IMPROVEMENT PROJECTS The Contract may be used toperforrn any work on facilities under the jurisdiction of the City but is to be used primarily for work for renovation, right away projects, streetscapes, and or repair and minor new construction under the jurisdiction of Capital Improvement Projects. 4.2.4 The City reserves the right to award multiple JOC Contracts for .. the same Department. The City also reserves the right to assign individual Job Orders to other JOC Contractors for that Department. 5. Job Order Contract Overview: 5.1. A Job Order Contact (JOC) is a competitively bid, firm-fixed-price indefinite-quantity contract. It includes a collection of detailed repair and construction tasks and specifications that have established unit prices. It is placed with a Contractor for the accomplishment of repair, alteration, modernization, rehabilitation, construction, etc., of buildings, structures, or other real property. Ordering is accomplished by means of issuance of a Job Order against the Contract. 5.2. Under the JOC concept, the Contractor furnishes management, labor, materials, equipment and architectural and engineering services required to document the scope of work to support individual Job Orders. 5.3. The JOC contract includes a Construction Task Catalog (CTC). The CTC was developed by the City and is based on the use of experienced .Iabor .and high quality materials. The CTC also incorporates local activity, climate and geographic features. 4.2.1. 4.2.2. 4.2.3. City of Miami Beach copyright C 2004 The Gordian Group Page 15 PrC)ject Manual g .- ...---:=- 5.4. Bidder will offer two (:2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These sets of adjustment factors will be proposed separately. The CTC and the Contractor's adjustment factors will be incorporated in the award of the contract. 5.5. As work requirements are identified, the scope of work will be explained to the Contractor at a Joint Scope Meeting. The Contractor will be given a Request For Proposal and a Detailed Scope of Work. The Contractor will be required to review the Detailed Scope of Work and develop a Price Proposal using the appropriate tasks, quantities and the applicable adjustment factor. If the Contractor's Proposal is found reasonable and acceptable, a Job Order may be issued. The resulting price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work. 5.6. The JOCconcept also includes a provision for the establishment of prices for work requirements that are within the general scope of work but were not included in the CTC at the time of Contract award. These tasks are referred to as "Non Pre-priced Items.. Non Pre- priced (NPP) items may require the establishment of specifications and drawings and may subsequently be incorporated into the CTC. 6. Contract Documents: 6.1. The Contract Documents constituting component parts of this Contract are the following: Volume I,ProjectManual. Volume lIa, Book 1 of 3, Constrl.lction Task Catalog. Volume lib, Book 2 of 3, Construction Task Catalog. Volume ilia, Book 1 of 3, Technical Specifications. Volumelllb, Book 2 of 3, TeChnical Specifications. Volume IIIc,BoOk 3 of 3, Technical Specifications. Page 16 City of Miami Beach copyright 0 20041he Gordian Group March 2004 . project Manual ."- ~ 6.2. Volume I JOC project Manual: The JOC Project Manual contains bidding information. and requirements, contract forms, bonds and certificates, General Conditions and JOC Supplemental Conditions of the Contract Documents. 6.3. Construction Task Catalog (CTC), (Volume lIa, and lib): The CTC contains pricing information for the work to be accomplished and for the unit of measure specified. It consists of CSI divisions 1 through 16. 6.4. The Technical Specifications (Volume ilia, IIIb and IIIc): The Technical Specifications are numbered and organized in the Construction Specification. Institute's (CSI) master format. All specifications are filed in divisions 1 through 16 per CSI guidelines. The intent of these specifications is to furnish concise industry and commercial standards for maintenance or repair of City facilities. 6.5. Other documentS and standards referenced in the Contract Documents. Whenever standards or specifications of other agencies or departments, authorities, etc. are referred to, they shall be the version in effect at the time of receiving price proposals, unless the date of a specific version is contained in the reference. 6.6. Design and Specification References: 6.6.1. Florida Department of Transportation Standards (Latest Edition) 6.6.2. Metro-Dade Design and Construction Standard Specification & Details 6.6.3. Standard Plans for Pubic Works (American Work Association) 6.6.4. GreenbookStandard Specification (American Work Association) 6.6.5. City of Miami Beach General ROW Program Design Policies February 2004 as amended. 6.6.6. Master Specifications Outlines 7. Location of Work: 7.1. All Work will be within the City limits of Miami Beach and individual projects will assigned as determined by the City. 8. Abbreviations and Symbols: City of Miami Beach copyright 0 2004 The Gordian Group Page 17 Pr()jecf Manual ........~......................................................... .fL.U :,--,~ 8.1. The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. 9. Pre-Bid Interpretations: 9.1. Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretatiohs or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions. should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 10. Submitting Bids: 10.1. All Bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for Bid opening, enclosed in a sealed envelope, legibly marked on the outside. A complete and separate. Bid package must be submitted for each contract that the Contractor wished to bid: JOC BID FOR: BID/ JOC CONTRACT NO: 11. Printed Form of Bid: 11.1. All Bids must be made upon the blank BidlTender Form and Form of Bid, Form 1 and Form 2 in Article 00407. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the Bid Form. 12. Bid Guaranty: 12.1. A bid bond for contracts 12-03/04 and 13-03(04 is $25,000 and $50,000 for contract 14-03/04. Each bid must be accompanied by a certified check of the Bidder, or by a bid bond prepared on the form of bid bond annexed hereto, duly executed by the Bidder as principal, Page 18 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 . .':~, Project Manual and having as surety thereon a surety company authorized to do business in the State of Florida and approved by the City. SuCh checks or bid bonds shall be returned to all bidders not receiving the award after the City and the accepted Bidder have executed the Contract. Or, if no Contract has been executed, within one hundred eighty days (180) days after the opening of bids, upon demand of the Bidder at any time thereafter so long as such Bidder has not been notified of the acceptance of suCh bid. 13. Acceptance or Rejection of Bids: 13.1 . The City reserves the rightto reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one hundred eighty (180) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of One hundred eighty (180) calendar days from the date of Bid opening. A Bidder may withdraw its Bid after the expiration of one hundred eight (180) calendar days from the date of Bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. The City reserves the right to award additional contracts under this solicitation if it is determined to be in the City's best interest for a period of one hundred and eighty (180) calendar days following the opening of Bids. 14. Determination of Award: : .. 14.1. The City Commission shall award the contract to the lowest and best Bidder. A lowest Bid is determined by line 17 on Bid Form 2 contained herein. In determining best, most responsive and responsible Bid, the following shall be considered: a. Adjustment Factors to be considered are based on the following. percentages. For purposes of determining the low bid from Bid Form 2; 90% of the worn is to be accomplished using non Davis Bacon wages and 10% of the worn using Davis Bacon Wages. 80% of the work will be accomplished during Normal Working Hours and 20% will be accomplished during Other Than Normal Worning Hours. 30% of the work will require Architectural and Engineering Services. b. The ability, capacity and skill of the Bidder to perform the contract. c. Whether the Bidder performed satisfactory on contracts within the time specified, without delay or interference. City of Miami Beach copyrlgi't <<) 2004 The Gordian Group Project Manual '.;#fiiS...,',...............,.,.... "..,...."........., ~ ~ ~ d. The character, integrity, reputation, judgment, experience and efficiency of the Bidder. e. The quality of performance of previous contracts. f. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract. g. The Management Plan submitted and experience of the contractor as listed in the questionnaire. 15. Evaluation: 15.1. The contractor will be evaluated on each Job Order. Results of the evaluation will impact the issuaflceof future Job Orders. 16. Contract Price: 16.1. The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, obtaining permits, applicable taxes, overhead, architectural and engineering services, overhead and profit for the completion of each Job Order. The cost of any item(s) of Work not covered by a specific Contract unit price shall be treated as a Non Pre-priced item and the procedure for ordering these tasks are outlined in Article 12 of the JOC Supplemental . Conditions. 17. Postponement of Date for Presenting and Opening of Bids: 17.1. The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar day's written notice of any such postponement to each prospective Bidder. 18. Qualifications of Bidders: 18.1. Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. . Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. 18.2. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 19. Addenda and Modifications: Page 20 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 m ~ ~ Project Manual 19.1. The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 20. PrevailiilgWage Rates: 20.1. This project, either in whole or in part, may be federally assisted, through the City of Miami Beach Community Development Block Grant Funds, and as such Bidders must comply with Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; the President's Executive Order 11246, as amended by Executive 11375, which prohibits discrimination in employment regarding race, color, religion, sex or national origin; Title V1 of the Civil Rights Act of 1964; the Davis Bacon Act, as amended; the Copeland (Anti-Kickback) Act; the Contract Work Hours and Safety Standards Act; and all other applicable Federal, State and local laws and ordinances. 20.2. Enclosed is the wage decision applicable to. the subject project. It must be incOrporated into the Contract Documents and displayed at the Job Site. Davis Bacon wages will only apply for work which is federally funded and the wage decision will be decided on a project by project basis. . 20.3. Weekly payroll reports (WH347or equivalent) are required to be submitted by the. contractor and subcontractors through the contractor certifying that all laborers and mechanics engaged in the construction of the project, including those employed by subcontractors, have been paid no less than the minimum wage rates as listed on the enclosed wage decision. March 2004 Page 21 Project Manusl ..~................................... ~ ~ - - 00400 BIDITENDER FORM Job Order Contract #: I ~ - ..0 2J /0 f Submitted: tf/r4"y Date City of Mianii Beach,Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract With the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: Job Order Contract No: · }lflo;0 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond, or fails to furnish the required Certificate(s) of Insurance within seven (7) calendar days after being notified of the award of the Contract. Page 22 City of Miami Beach copyright C 2004 The Gordian Group March 2004 ro ". - - I, · Project Manual In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addendum Number / ~ The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: /../A .&AJJAA I1Nb .. t!.-<)1Lf CitylStatelZip: q .s-c.1 0 IV vJ /nJAm/ . . If< ~r hAY i PJ "?,?) 72- Telephone No.: :a O~- 6'CJ J - q:LJ R... Social Security No. or Federal Dun and Bradstreet No.: 6'9 - fl. f2 f ;3. J tj. 7 (if applicable) , . Bradstreet No.: J J- L// '-1-&:3 5"1) I. D. No.: (if applicable) If a partnership, names and addresses of partners: City of Miami Beach c:opyrtgN. 0 2004 The OoIdIan Group Page 23 Project Manual "~ ..". , ." (Sign below if not incorpc>rated) WITNESSES: (Signature) ~~ '" (Sign below if incorporated) ATTES::r: " ft'" /:' ,',/ ,/1 " .'111.' : ~'., j/ _J ." .,' , " , it ( it t,"C4U-trlu (Secretary) j CORPORATE: SEAL) Incorporated under the laws of the State of: (Type or Print Name of Bidr'.en' (Type or Print Name Signed Above) City of Miami Beach _ 02004 The 000dI0n 0....., m .- ~ Project Manual 00405 CITY OFMIAMt BEACH LICENSES' PERMITS AND FEES Pursuant to the PUblic Bid Disclosure Act, each license, permit or fee a Contract a will have to pay the City before or during construction by unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The General Contractor's City of Miami Beach Building Permits. Public Works Permits and Zoning Permits will be reimbursed by the City for the cost of the Permit only as a Non Pre-priced task with no marked-ups. The cost for obtaining these Permits is to be included in the Contractor's Adjustment Factor. LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI DADE COUNTY THE STATE OF FLORIDA, STATE OR OTHER ARE NOT INCLUDED IN THE ABOVE LIST. OBTAINING THESE PERMITS IS THE RESPONSIBILITY OF THE CONTRACTOR AND WILL BE REIMBURSED BY THE CITY AS A NON-PREPRICED TASK WITH NO MARK-UPS. 1 Occupational licenses from City of Miami Beach firms will be reqUired to be submitted within fifteen (15) days of notification of intent to award. 2 Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. March 2004 ~ - Project Manual Pages 26 through 35 are blank pages, therefore they are discarded. Pages 26-35 City of Miami Beach :::('p~'1 ~Il. {:; :::0::;4 -!1>; GrYI1I.;!r: Crr:'0r:: March 2004 Project Manual ro..- ...... ." BID FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBERITB 14-03/04 CAPITAL IMPROVEMENT PROJECTS The .Bidderhereby proposes to furnish all labor, materials,equipment, transportation, supervision, arChitectural and engineering services, as .. required, and facilities necessary to complete in a workmanlike manner and in acco~ance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following sChedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without ArChitectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without ArChitectural and Engineering Services. These adjustment factors will be used to price indi9'idual scopes of work by multiplying the adjustment factor by U-Id unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) Une 1 Normal Working Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: /rtJV~t? . (Specify to four (4) decimal places) Line 2 Normal Working Hours Construction with Architectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified City of Miami Beach copynghI c 2CX)4 The Gofdian Oroup - - .. t.. '. ..lD " Project Manual in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: /1 /Mu . . (Specify to four (4) decimal places) Line 3 Other Than NormalWorking Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal ~ working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: J, I fL/J d (Specify to four (4) decimal places) line 4 Other Than Normal Working Hours Construction with Architectural and Engineering Services: Contractor shall perfonn any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Ordets against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: If /%tJO (Specify to four (4) decimal places) line 5 Normal Working Hours Construction using Davis Bacon Wages: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: J i IJQt:O. (Specify to four (4) decimal places) March 2004 City of Miami Beach oopynghl 02004 Tho Gotdlan GrOuP Page 37 ltl, - - ."'.. ' #,. project Manual Line 6 Normal Working Hours Construction using Davis Bacon Wages with ArChitectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: .,. 1,//;(.5 (Specify to four (4) decimal places) Line 7 Other Than Normal Working Hours Construction using Davis Bacon Wages: Contractor shall. perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1,.I.t.)olJ (Specify to four (4) decimal places) Line 8 Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Service$: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work. scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: ! /, l/PtJO (Specify to four (4) decimal places) Une 9 Combined Adjustment Factor (From Bid Form 2) jIOg/~ (Specify to four (4) decimal places) City of Miami Beach ~ 0 2004 The Gordian Q<oup BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER ITB 14-03/04 CAPITAL IMPROVEMENT PROJECTS For the purposes of determining the low bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). Normal Working Hours Construction Adjustment Factor ........................ /; 07j00 Multiply Line 1 by .5040 (.90 x.80 x.70) ..................................................... _ t S-:;' Y 2- Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ...................................................... .;....L!.l. ~) 0 Multiply Line 3 by .2160 (.90 x.eo x.30) ...................................................... t;;ly /1 Other Than Normal Working Hours Construction Adjustment Factor.... -1, / ::ltJ iJ Multiply Line 5 by .1260 (.90 x.20 x.70). ..................................................... t 1'1-/1 Other Than Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services ............................................. 8. Multiply line 7 by .0540 (.90 x.~O x.30) ....................................................... 9. Normal Workirg Hours ConstrLJction using Davis Bacon Wages........... 10 Multiply Line 9 by.0560 (.10 x .80 x.70) .................................................... 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services ..................................................... J ( /1:<..5 12 Multiply Line 11 by .0240 (.10 x .80 x.30) ................................................. 2-f!.2bJ 7 13 Other Than Normal Working Hours Construction using Davis Bacon... I , /y(JtJ 14. Multiply line 13 by .0140 (.10 x.20 x.70) ..................................................t.lJ/ '" () 15 1. 2. 3. 4. 5. 6. 7. If /~()o , O(?~7 If tJ9.<::' 0 , Oh/~ 16. 17. Other Than Normal Working Hours Construction. using Davis Bacon with Architectural and Engineering Services...................................................... /, I t,O 0 Multiply line 15 by .0060 (.10 x .20 x.30)........~...........................................1 tJO~ 1 Add lines 2+4+6+8+10+12+14+16.............................................................. J, () flh (Combined Adjustment Factor) ltd, - - Project Manual The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors. (Line 1. 3. 5, 7. 9, 11, 13. 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this . proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Contractor Name: ~ Authorized Signatur : Printed Name: Date: /1- ~? - D Y Page 40 City of Miami Beach ~ 0 200< the Gooi8n Gwup March 2004 ~.. . #'. ,lD - - I, · . Project Manual 00500 SUPPLEMENT TOBIDrrENDER FORM. QUESTIONNAIRE THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMAnON NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF ...--THE CIlY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. , QUESTIONNAIRE The ui'fdersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in the Invitation to Bid. License/Certification/Registration _ ~&e.., 010703 # Years ;2/ 1.1 What business are you in? C,eneftA...!' ~.A.f'}12-I}671AJ~) 2. What is the last project of thiS nature that you have Completed? [;} tF Arr-ALH/Y> t-AIV 3. Have you ever failed to complete any work awarded to you? If so, where and why? No 3.1. Give owner names, addresses and telephone numbers, and surely and project names, for all projects for which you have performed March 2004 City of Miami Beach <:oPVdghl Cl 2004 The ~n Gtoup ~.~ Project Manual ll'o. work, Where your surety has intervened to assist in completion of the project. . Whether o..r not a d. aim was m.ad. eo.. J~ . " Ivo 4. Give names, addresses and telephone . numbers of three individuals, corp5f8tions, agendes, or institutions for which you have performed work: 4.1 . (name) n~ A-rn ..... AJ~ c.~cE . 7:U~~ /YI~ ;J (address) (phone #) 4.2. (name) (address) (phone #) 4.3. (name) (address) (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of ccrventure, list the information for all co-Venturors.) NAME OF PROJECT OWNER & PHONE # TOTAL DATE OF CONTRACT COMPLETION VALUE PER CONTRACT %OF COMPLETION TO DATE :::;Ee-' A-rr /h' -4 /}1rA/Y (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? .,' .'. . ties Page 42 City of Miami Beach _02004__0.""" ro "..- - , .' II, Project Manual 7. 8. 9. 10. Will you subcontract any part of this work? If so, give details indudinga list of the subcontractor(s) that your cornpany anticipates usinQon this contract. Llec:, -- ~€ e.., A-n-A r_-HfYlF ..A Jtr" What equipment do you own that is availableJor the work? fl(1 ~?vin),.} D":,)..}ep ~)(' J ~~ I " .... ~, at equiPme, nt Wi!:; purchase for the proposed work? " lVee-cle d ~at equipment will you rent for the proposed work? ' ~-Atf'P A..:.4 11. State the name of your proposed project 'manager and superintendent' and give details of his or her qualifications and experience in managing similar work. Ven'1/S-~ ~'It.e. 51!-1L~dl II J1..o!1fs . II:;) L' Am c~e e.- , ' i4 ( J.-J rYIf- A' r<:.. March 2004 City of Miami Beach """"..... C 200< Tho (lordan Gooup Page 43 ~.~. I.. ' Project Manual 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which. you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1. The correct name of the Bidder is j.j. A _ &AJrEA 6Y7AJr_ &f'-{J .~ 12.2. The business is a (SOle Proprietorship) (Partnership) (Corporation). (!.~p~l't'r "- h" J"-.-> . 12.3. The address of principal place of business is: Cf5'fJ 0 I.JL,u If< 1;> ~ I3Ayl //)/A--rn r Fi "h3i 7 L 12.4. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: . . . /V)A- I 12.5. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidde;;7:t prinCipals or officers. / 12.6. list and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predeces$ororganizationsduring the past five (5) years. Indude in the description the disposition of each such petition_ Page 44 City of Miami Beach copyrM;1tl CI 2004 Tho Go<<San Group March 2004 .tD -=- ,.. ','. Project Manual. 12.7. h 12.8. 12.9. lVo^,,[ . List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). . .AJtJAlf~ List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. NnAlf' _ List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organizfti9n(s) were defendants. N!JN[._ March 2004 City of Miami Beach """",i!1Il 0 2004 Tho O.<<joo. Group Page 45 ro.~ - - 6. '.. #..\ Project Manual .' 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. /1./0 12.1,!. Under wha conditions does the Bidder request Change Orders? It-.L A-J'l1!" FiJi!-- C-n"h1.' /- tv/V07noN~ r"l1\)7;e4cr of-. lA..JoAk.... OLpf-~ 12.12. What is the Bidders Job Order Contracting or indefinite quantity contracting experience? If the Bidder has eXperience, provide all details and the agency you preformed these services for, contact names and phone numbers and details of what type of work you performed. If you need additional space please provide it on a separate page. ~p;.ArrAWYnf)Jr 12.13. Explain your understanding of the Job Order Contrad Program and how your firm plans on providing the Management to execute the process from project initiation. throughout close-out. Your Management Plan should include individuals assigned to this project . and their responsibility. Provide your Management Plan in a separate . document with the.. details reques~. S ~ r:; IlrrltUflYl GAll Page 46 City of Miami Beach _ 0 2<J()4 Tho aorn;... """'" March 2004 ro I.. '. Project Manual 00520 SUPPLEMENT TOBIDITENDER FORM - NON-COLLUSION CERTIFICATE PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. Submi~d this fJJ., day of /Jpn" / ,2004. The undersigned, as Bidder, dec:lares that the only . persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing afonnal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the perfonnance of all requirements to which the Bid pertains. The Bidder states that this proP9sa.liS basedflponthe documents identified by the following number: Bid No..-rre pi - 03/0. tJ . . IJeNP-'k, /fr!1e}o 1/ PRINTED N E /j) t '/2-.[.--'3./ b ~-Il} t TITLE (IF CORPORATION) City of Miami Beach COP'ingtd 0 2004 The Gofdan Group It} Project Manual .- ~ 00530 'SUPPLEMEN''' "0 BID/TENDER FORM - DRUG FREE WORKPLACE CERTIFICATION f'RIOR to AWARD OF tHE CONTRACT THIS FORM MUSt SE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awarehess program to inform its employees about: (i) The danger$ of drug abuse in the workplace; (Ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; arid (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). (4) Notifying all employees, in Writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's convictiOn under a criminal drlig statute fora violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying City government in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. City of Miami Beach copyrlght C 2004 The Gordian Group March 2004 ~ - ,. '. Project Manual (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including tennination; or (ii) " Requiring such employee to participate satisfactorily in a drug abl:se -assistance or rehabilitation program approved for such purposes by a "" federal, state, or local health, law enforcement, or other appropriate agency; and ,.. (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (1) tough (6 (" t!-v&f STATE OF COUNTY OF Aor/bft ~. . !:::::::>-frD~ (Print Vendor Name) BPJoiegohn~ instrument as acknowte ged betor!, me this .jl. {). day of, - ' 20 . by - N I!- . e.1 (; III as - P/2.-t. $ J ~v (title) of . " t!.~AfT~.c...:r7AU., U)~ (name of person whose signature is being notarized) (name of corporation/company), known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. I""h ""......... : ~ MARY.....".'..."......." : 1li.~ "'__ CEAVERS . : =. 1It.~ .......m1ssJon "000187985 : i \:-tOFl\'~ ExpQW 3/512007 i : 11'11111\\'1: Bonded through : i!~.~32-4254) Florfcla N.....~ . - : ......................... --, I"\IIsn.. Inc. : ....................... (Print Name) . My commission expires: - City of Miami Beach OOCJ'{rq.t C 2004 The Gordan Group Project Manual ~- -=- ~.I. .' ~l' . .\ 00540 SUPPLEMENT TO BIDITf::NbER. FORM-TRENCH SAFETY ACT PRIOR TO AWARD OF THE CONtRACT THIS FO~M MUSTSE SUBMITTED WITH BID FOR SID TO SE DEEMED RESPONSIVE. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUStMENT FACTORS OF THE PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. IN .. O~DE~ TO. BE . CONSIDERED RESPONSIVE. . THE . BIDDER MUST COMPLETE THIS FORM. SIGN AND SUBMIT IT WITH THEIR BID DOCUMENT. City of Miami Beach copy_ 0200< The Golda. Qroup ..~............................ ~ ~ Project Manual 00500 RECYCLED CON,.EN" INFORMATION In support ofthe Florida Waste Management LaW, Bidders a.re encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. March 2004 City of Miami Beach copyright C 2004 The Gordian Group Page 51 .tn ~ 00600 CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and M.A... COlltractilllCotP. hereinafter referred to as CONTRACTOR. WIT N E SSE TH,that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1. The Scope of work under this Contract shall be determined by individual Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the CONTRACTOR shall fumishesall architectural and engineering services to support individual Job Orders, shop drawings, samples, management, documentation, materials, supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work at designated CITY properties. ARTICLE 2 CONTRACT TIME 2.1. CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the CITY'S Procurement Director and a Notice to Proceed issued by the Contract Administrator. The term of the 12 month contract shall commence on the date of the Contract, The maximum contract time is no more than 5 years or when the maximum value of the contract is reached. 2.1.1. Once the Contract is in place, JobOtders will be issued for the individual Job Orders through Notice to Proceeds. The time for completion of individual Job Orders will be contained in the Job Order Notice to Proceed. Page 52 City of Miami Beach -copyright e 20C.a1he Gordian Group March 2004 lb Project Manual ::"',~- 2.2. Time is of the essence throughout this Contract. Job Orders shall be sUbstantially completed within the specified calendar days listed on eaCh individual Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within the time specified on each individual Notice to Proceed. 2.3. Liquidated Damages (LDs) may be applied to individual Job Orders at the discretion of the City. The dollaramount(s) relative to LDs are not intended to be applied as penalties, but rather to be applied as damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. LDs on construction projects other than streets cape or utility proiects are hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the project on time. City of Miami Beach copyright 0.2004 The GordiEll1 Group Page 53 Project Manual . ~ It is estimated that the Construction Management component of City incurred expense would be based on the recognized rate of 4% of total project cost. Hence, a $5,000,000 project that has construction duration of 300 working days would result in a CM cost component of $800 per day. This value would vary by project and can be established by the Program Team and provided to the Consultants accordingly. Loss of Parking Revenue: Ifa))plic~ble. will be incorporated in the Job Order/Notice to Proceed. 2.4. CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY m~y,in its sole discretion, deem just and reasonable. 2.5. CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the CITY and or Program Manager in administering the construction of the Project beyond the completion date specified in each Job Order RFP, plus approved time extensions. The CITY'S and or Program construction administration costs shall be pursuant to the contr~ct between CITY and Program Manager, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by Program Manager and agreed to by CITY. ARTICLE 3 THE CONTRACT SUM AND ADJUSTMENT FACTORS 3.1. CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents. The contract is an indefinite-quantity contract with no minimum values. The maximum amount that may be ordered under contract 12-03/04 and contract 13-03/04 is two million dollars ($2,000,000) per term. The maximum value. of that may be ordered under contract 12- 03/04 and contract 13-03/04 is ten million dollars ($10,000,000). The maximum amount that may be ordered under contract 14-03/04 is ($5,000,000) per term. The maximum value that may be ordered under this contract 14-03/04 is twenty five million ($25,000,000). 3.2. Payment shall beat the lum)) sum price stated in the Notice to Proceed for each Job Order. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full City of Miami Beach copyright C 2004 The Gordlan Group March 2004 Page 54 ~ Project Manual conformity with the requirements as stated or shown, or both, in the Contract Documents using the following adjustment factors: 3.2.1. Normal Working Hours Construction: Contractor shall perforITI any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0400 3.2.2. Normal Working Hours Construction with Architectural and Engineering Services: Contractor shall perform any or all functions . called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal Working hOurs in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.1200 3.2.3. Other Than Normal Working Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum speCified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.1200 3.2.4. Other Than Normal Working Hours Construction with Architectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal WOrking hours in the quantities. specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 3.2.5. Normal Working Hours Construction using Davis Bacon Wages: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum March 2004 City of Miami Beach Copyright Q 2004 The Go-dlan GfouP Page 55 .~ 00:;;;;;;:::- Project Manual specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0950 3.2.6. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work. scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjUstment factor of: 1.1125 3.2.7. Other Than NorrnalWorking Hours Construction using Davis Babon Wages: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.1400 3.2.8. Other Than Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities spebified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.1600 ARTICLE 4 PROGRESS PA YMEN'TS 4.1. For Job Orders of duration of 45 days or less, the City will make only onefirtal payment. For Job Orders of duration of more than 45 days the contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed City of Miami Beach copyrlght ~ 2004 The Goldian Group March 2004 .....~...................................... .u. -:~'. Project Manual and the amount due, together with such supp6rtingevidence as may be required by CITY. Contractor shall include,. but same shall be limited to, at City's discretion, with each Application for Payment, an updated progress schedule acceptable to CITY as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CITY for approval. CITY shall make payment to contractor within thirty (30) days after approval by CITY of contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2. Ten percent (10%) of all monies earned by contractor shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies eamed thereafter. . Any reduction in retainage shall be in the sole discretion of the Contract Adrninistrator, shall be recommended by CITY and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3. CITY may withhold, in whole or in part. payrnent to such extent as rnaybe necessary to protect itself from loss on account of: 4.3.1. Defective work not remedied. 4.3.2. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of Contractor's performance. . 4.3.3. Failure of CONTRACTOR. to make payments property to Subcontractors or for material or labor. 4.3.4. Darnagetoanother contractor not remedied. 4.3.5. Liquidated damages and costs incurred by CITY for extended construction administration . 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. March 2004 Page 57 City of Miami Beach copyright 0 2004 The Gordian Group . ~'. .~.." project ManuSI ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1. Upon receipt of written notice from contractor that the Job Order is ready for final inspection and acceptance, CITY and or Program Manager shall, within ten (10) calendar days, make an inspection thereof, If Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CITY and or Program Manager, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the CITY a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other .indebtedness Connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings: and invoice. 5.3. If, after the Work has been subStantially Completed, full completion thereof is materially delayed through no fault of contractor, and the CITY so certifies, CITY shall, upon certificate of the CITY, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4. Final payrnentshall be made only after the CITY Manager or his designee has reviewed a written evaluation of the performance of contractor prepared by the Contract Administrator, and approved the final payment. The . acceptance of final payment shall constitute a waiver of all claims by contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by contractor as unsettled at the time of the application for final payment. Page 58 City of Miami Beach copyright C 2<XM The Gordlen Group March 2004 . ----.'. '--~:. Project Mallual AR.TICLE 6 MISCELLANEOUS 6.1. This Contract is part of,and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2. Where there is a cOnflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3. Public Entity Grimes: 8.3.1. In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 38 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. .8.4. Independent Contractor: 6.4.1. Contractor is an independent . contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership6r joint venture. 8:5. Third Party Beneficiaries: 6.5.1. Neither Contractor nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their March 2004 City of Miami Beach copyright 0 2004 Tho Gordian Group Page 59 .tb - - ProjectNlanual intent to create any rights or obligations in any third person or entity underthis Contract. 6.6. Notices: 6.6.1. Whenever either party desires to give notice to the other, such notice must be in writing,sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intehdedat the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the mannerprovided in this section. For the present, the parties designate the foRewing: For City: City of Miami BeachProcorelllent Division 1700 Convention Center Drive Miami Beaeh, Florida 33139 Artn: Gus Lopez With copies to: City Attorney , City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor. B.A. Contractio2Corp. 9500 NW 12th Street, Bay 1 Miami. Fl. 33172 AUn: Henn Anf!elo In 6.7. Assignment and Performance: 6.7.1. Neither this Contract nor any interest herein shall be assigned; transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents. that .all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience,education, or ac6mbination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Page 60 City of Miami Beach March 2004 copyright@ 2004 The- Gordian GrvuP lb ~ - Project Manual 6.1.2. Contractor shall perform its duties, obligations, and seNices under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. Materiality and Waiver of Breach: 6.8.1. City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. 6.8.2. City'S failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or mOdification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. Severance: 6.9.1. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the rernaining provisions shall continue to be effective unless City or Contractor elects to tenninate this Contract. An election to tenninate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10. Applicable Law and Venue: 6.10.1. This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the tenns or conditions herein exclusive venue for the enforcement of sarne shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all sub- contractors to the provisiol1sof this Contract. 6.1 1 Amendrnents: 6.11.1. No modification, amendment, or alteration in the tenns or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreernents: 6.8 6.9. March 2004 City of Miami Beach copyright 0 2004 The Gordian Group Page 61 .. ...:,~ Project Manual .6.12.1. This document incorporates and Includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the tern1s hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in Writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. nlL1YMJw-- Robert Parcher, City Clerk APPROVED.AS TO FORM & LANGUAGE & FOR EXECUTION ;(~Ufl{/~ Attome~ b- '}.....~- 0''-( Date Page 62 City of Miami Beach copyright C 2004 The Gordian Group March 2004 ProjeefManual CONTRACTOR MUST EXECUTE THIS CONTRACT AS INOICATEOBeLOW. USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: Corporate Seal) [If not incorporated sigh below.] ('DIlP. ~'7.a--) It CONTRACTOR (Type Name Signed Above) day of , 20 CITY REQUIRES FOUR (4) FULL-EXECUTEDCONiAACTS, FOR DISTRIBUTION. WITNESSES: (Name) By (Signature) March 2004 Page 63 City of Miami Beach copyr'.gl'l! e 2004 The Gordian Group KNOW ALL MEN BY THESE PRESENTS. that we, B.A. Contracting Corp., as Principal,herelDafter called the PrlDclpal, aDd Fidelity and Deposit Company of Maryland a corporation duly orgaDized DDder the laWS of the State of Maryla:nd, as Surety, herelDafter called theS;"'ety, are held and firmly bound uto City of Miami Beach as Obligee, hereinafter caBed the Obligee, in the sum of' Fifty Thousand and Nolllundred Dollars ($50,000.00) for the paymeDt ofwhieh sum well aDd truly to be made, the said PrIncipal aDd the said Surety,biad ourselves, our heirs, executors, administrators, successors aDd asslgus, joiatly aDd severally, firmly by these preseDts. WHEREAS, the said Principal has submitted a bid for Job Order Contract: ITB 14-03/04 Capital Improvement Projects NOW, THEREFORE, if the Obligee shall aceept the bid of the principal aad the Priacipal shall enter into aCoDtract with the Obligee in aecordance with the terms of such bid, and give sueh boDd or bonds 85 may be specified iD the biddiDg or CODtract Doeumeats with good aDd safficieat surety for the faithful performance of such Contract and for the prompt paymeDt of labor and material furDished ia the prosecution thereof, or iD the event of the failure of the Principal to enter such Contract aDd give such bond or bonds, if the Principal shall pay to the Obligee the difference Dot to exceed the penalty hereof between the amoot specified iD said bid aad such larger amOODt for which the Obligee may in good faith coDtract with another party to perform the Work covered by said bid, theD this obligation shall be null aDd void, otherwise to remain in full force aad effect. Signed aad staled this 14111 day of April, 2004 Witnesses: (-. t f/. . (l,J \~0~U-,--l9~" . By: R.B. B 'nson, Attorney-In-Fact and Florida Resident Agent . . Power Of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FtDEL1TY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said compii!y, w . set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. d s if . nate, constitute and appoint R. H. BENSON, of Miami Shores, Florida, its true and lawfu -1 - 0 make, execute, seal and deliver, for, and on its behalf as surety, and as its act and 0 ngs and the execution of such bonds or undertakings in pursuance of these " ompany, as fully and amply, to all intents and purposes, as if they had b",~~y ~ n regularly elected officers of the Company at its office in Baltim~~\HcIr ~~ power of attorney revokes that issued on behalf of R. H. Benson, date4-!!i! ,i())J '.:::/ U )\jSU".::./ The said Assistant ~ t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- y, and is now in fOrce. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of August, A.D. 2003. FIDELITY AND DEPOSIT COMPANY OF MARYLAND o:y V~ ~ T. E. Smith By: Assistant Secretary Paul C. Rogers Vice President State of Maryland } SS' City of Baltimore . On this 13th day of August, A.D. 2003, before the subscn'ber, a Notary Public of the Stateof Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affIxed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. fV/U~J- DennisR. Hayden Notary Public My Commission Expires: February 1,2005 B.A. CONTRACTING CORP. 9500 N.\v. 12th Street' Miami, Florida 33172 Mailing Address' P. O. Box 226408' Miami, Florida 33122-6408 Telephone (305) 591-9212 . Fax Line: (305) 591-9630 REFERENCES AGENCY FIRMINAME . MIAMI DADE COUNTY PUBLIC SCHOOLS 12525 N.W. 28TH AVE. MIAMI, FL. 33167 .305-995-4038 CONTACT: FRANCIS HOAR . AGENCY FIRM/ NAME W ACKENHUT CORP. 4200 W ACKKENHUT DR PALM BEACH GARDENS, FL 561-691-6668 CONTACT: CARLOS VALDEZ FAULl AGENCY FIRM/NAME SCHOOL BOARD OF BROW ARD COUNTY 600 S.E. 3RD AVE. FT. LAUDERDALE, FL 954-765-6060 CONTACT: JOE DELILLO AGENCY FIRM/NAME MIAMI DADE WATER & SEWER 4200 SALZEDO CORAL GABLES, FL 305-669-5735 CONTACT: GARY CLARKE < AGENCY FIRM/NAME. SCHOOL DISTRICT OF PALM BEACH 3300 SUMMIT BLVD. WEST PALM BEACH, FL 561-687-7085 CONTACT: STEVE DAVIS AGENCY FIRM/NAME MIAMI DADE COLLEGE 1101 SW 104 STREET MIAMI, FL 305-237-0586 CONTACT: BUDDY MEAZZROS AGENCY FIRM/NAME PALM BEACH COUNTY 3323 BELVEDERE ROAD WEST PLAM BEACH, FL 561-233-2055 CONTACT:ALLAN DUPEE AGENCY FIRM/NAME CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 305-673-7490 CONTACT: JOE HERERA . i s .~ .!I ~ ! ~ I! ~ I! I! ! ... m III III ~ 0 ~ l 0 c 0 " Iii .i . <'il I <'il ~ ~ 00 .!! ~ ~ 'E '2 ~ 'E 5 ~ J ~ .! G G ~ ii 0 3 ~ ;: 0 ,11 ,11 . ;F. ;F. ;g ;F. .,. ;F. .,. .,. .,. ;F. .,. ~~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ . . . .. .. .. ~ H .. .. ~ H ~il ~ J 8 ,g ,g 8 Ii 8 ~ = il ~ II = ~ i~ ..~ H .. ~ ..~ U i~ 0 I Ii H I ~ IG ZO: ZO: ZO: 0:0: Z 0:0: ZO: 8 8 0 8 0 ~ ~ 8 0 8 8 0 0 q ~ .. ~ .; '" '" N .. 8 d cO ;;;. 0 ~ ~ 0 l'l 10 lil oo '" q . ..: 0 ~ ~ '" ~ N .,; ~ ~ ~ oo (; .. '" ~ " "l " .. 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" "88 "8 j ii~ " "ff. h ! ~ j .. 0 ;lj" ~\!: '" is u.. is i *~ ~ ~,s ~ ~.t i~t ~J!: u ~ ~ 1 '0 a. ~ ~s ~s f boO "'" ","0 0.0 ~I "'" j t.. ~~ " 3l!-B _a." 8~ " li nt li i ~~ lill: "g i S~g "g ,,8 i i~ .8 .. i~ ~![j ~i ~~ " -a li~ oE G .il- l! '" oE oE ~ "']!l J~ ~E eJ!: ~ ~ h sli 18~ i!" h h " ~8 ~8 ~~ ;; Ii z ::El..> If.,, l..>81 o.u '" l:l I a. .. " ... j g ~ ;; i! 'l! ~ i a ~ I . l ~I . J 1: ! l!: " o U ~t I~ j N ..I~ ~ ! '~I= ii:1- 1 i " Ii' ~ f '0 i .. ~ N Z ". l'l . . I! 8 ,~ Ii o j '" I .,. :& .. jl! ~t ~~ .. 3 3 is !!- 0 8 j,~ . H... I~!~~~ ~ ~..-c ,g ~ o Ii '" J !: ., !2 ..... .,. '" N . ;g '" .. . ... . ~ '" o. ;:: ~ B J l; 'S ,11 ~ " o ..l U ~ ~ .. ;;; '" .~ 'C ~ ., !2 .... ;: z..... lQu._ ~i~ ~3 ~ 3..,}, ",,,g -!l~..: ,,< .. l!coC;; .."'.., . ~I ~il!l H~ ~... =~~ II.!!::! ~~~hii~H~o !~f~iU~,~~~ <;1/<'>/!l..::!:::!licli.... 1:::20"':::1 Er:'.>~:b 2..;;;2 "1Dll':S~o (f):J:;l/)OCDtLa),()..:l") ::E g ~ ~ 11'l h ,g ~ .gs a. 8 2;-", !s ~8 eB e :s :io $R 81 00. 'liu. 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"l! ,38 U '" ~ ::E g Cl '" l; > o 8 q H .., ~ 8 !i ~ ~ ~ ." ~ ~ ;: . z.......: :1; ~ Uo.'-3 ~o l\I'!!o ~~ ~.g :bl~ iiI~ .:::; gl'-, ... .. 3 'Jis~'" l:~~=-Q.~2 .. ~ .~"l! 3 ~ '0 > fDo ra 'C ~ i!<.....:iZsli> lL~~~c3tJ):e :::! g ~ s Is .!!.... 3;1; i1:: G iI j'~ 8", H eg H E~ 8~ g;z ~8 ~8 J-. u~ H a. 8 ~o ~i ~~. ~ .,. l'l . ,~ ~ m '" l; ~ i j .., o ;F. o .. ~ . j J!I i a. . o o ~ ~ .., ,S gg .3 lill!: ".oo .. . 3~ ..~ :::>.. ... .. . . . ~ 'C .. > 8 '" ~ ! ~ i!l..; U '" t:ii g . ..e'" ~~ ::t 1.;~ W~'" in ,,<.... .. . ::E g ::E g .!! " J!I i "'I- ~~ 8' ul'l cell: Ii 'S;ll l!~ H 'Ii.!! u><., ,;, j Ii o j " i1l I 00 .. U !:!'I' E< "s ~.... . . D. A.CONTRACTING CORP. 9500 N.\v. 12th Street . Miami. Florida 33172 Mailing Address' P. O. Box 226408 . Miami, Florida 33122-6408 Telephone (305) 591-9212' Fax Line: (305) 591-9630 President Education Bachelors in Building Construction University of Florida 1976 Associates in Arts Miami Dade Community College 1974 Years of Exnerience Total 27 years HACC 20 years Licenses Certified General Contractor State ofFL CGC 010703 Certified Underground Utilities & Excavation State of Florida cue 056875 Vice President Education Miami Dade Community College Building Construction 1975 Years of Experience Total 32 years HACC 19 years Licenses CertifiedGenemlContracror State ofFL (Inactive) CGC 020522 Certified Real Estate #0435780 Certified Mortgage Broker #169578 Henry Angelo III As the founder ofH.A. Contracting Corp., Mr. Angelo is the driving force behind the success of the firm. With over. .27 years of experience in the construction industry, his experience ranges from governmental agency work such as U.S. Army Corp of Engineers & U.S. Air Force, water treatment rehabilitation with Miami Dade Water & Sewer Authority to local municipalities and public school district. His proven leadership abilities have lead to a successful firm. . Nicholas Angelo Nicholas is highlydiversified in his experience in the construction industry. With numerous years of on hands experience and a vast range of licenses, his knowledge ofland development and construction lends to the firms backbone of successful completions of construction management, design build & restorative/rehabilitation projects. His primary focus currently is school district contracts. B. A.CONTRACTINGCORP. 9500 N.\v. 12th Street. Miami, Florida 33172 Mailing Addr~ss . P. O. Box 226408' Miami, Florida 33122-6408 Telephone (305) 591~9212' Fax Line: (305) 591~9630 Architect Education Master of Arts in Architecture University of Florida 1978 Bachelor if Art In Architecture University ofFlorida 1976 Years of Exnerience Total 31 years . HACC 13 years Licenses Certified Building Contractor State ofFL CBe 028081 Licensed Architect State ofFL AR 0009309 Architect/Projeet Manager Education Master of Science in Building Construction University of Florida 200 I Bachelor of Arts in Architecture University of Zulia 1992 Years ofExnerience Total 12 years HACC I year Licenses Licensed Architect Venezuela Affiliations Associated Builders & Contractors, Inc Member Venezuelan Civil Engineer Association Professional Membet Venezuelan Architect Association Professional Member LouisC. Kallinosis As the on site lead staff architect, Lou is responsible for overseeing all design related projects. His experience both commercial and residential projects throughout the years gives H.A. Contracting Corp. a strong foundation for design related tasks. Supervising a staff of on site as well as independent design professionals, combined with his culmination of experience~, allows Lou to lead the design efforts to the achieved goals. Zorina Montiel A dedicated and ethical professional in the field of construction and architectural design, Zorina brings with her experience organization, time effectiveness and the ability to multi task projects. As a current project manager for H.A. Contracting Corp., she has a reputation for building teams to insure timely, accurate and quality completion of projects with an architect's insight on construction & design projects. . . D. A. CONTRACTING CORP. 9500 N.\v. 12th Street. Miami, Florida 33172 Mailing Address . P. O. Box 226408' Miami, Florida 33122-6408 Telephone (305) 591-9212 . Fax Line: (305) 591-9630 Contract Manager Education Master of Science University of Miami 1990 Bachelor of Science University of Miami 1989 Years of Exoerience Total 6 years HACC 6 years Licenses . Certified General Contractor State ofFL CGCI504793 Affiliations Qualifier MAC. Construction, Inc. State Certified MlWBE flt1D Contract Coordinator/Comptroller Education Master of Administration & Supervision Florida International University 1984 Bachelor of Education University of Miami 1975 Years of Exoerience Total 22 years HACC 18 years Affiliations President M,A.C. Construction, Inc. State Certified MlWBE firm Kelli Erbs As the contract manager for H.A. . Contracting Corp., Kelli in involved . with the project administration, estimating, budgeting & cost control as well as proposals, contracts, MlWBE development, subcontractor & crew management. As a certified general contractor, Kelli possess the skills to proficiently manage all projects from inception to occupancy. Mary A.Ceavers Combining her construction experience . with a business and educational background, Mary lends over 20 years of industry knowledge to the company. Her leadership abilities in the business & construction profession has been proven with her involvement in governmental and educational contracts. D. A.CONTRACTING CORP. 9500 N.\v. 12th Street. Miami, Florida 33172 Mailing Address · P. O. Box 226408' Miami, Florida 33122-6408 Telephone (305) 591-9212. Fax Line: (305) 591-9630 Plumbing Supervisor Education U.S, Air Force Security Specialist Technical Training 1971 Plumber Joint Apprenticeship Plumber Local 519 Years ofExoerience . Total 31 years HACC 8 years Licenses Certified Plumbing Contractor State of FL CFC057166 Paint Supervisor Education . West Virginia State College 2 years Years of Experience Total 31 years HACC 2 years Chester Webb With over 30 years of experience from apprenticeship to licensed plumbing contractor, Chester adds the plumbing and mechanical experience to the tam at H.A. Contracting Corp. Currently the project manager handling the Miami Dade Water & Sewer Authority blanket contract for HACC, Chester's direct supervision, management and coordination with owners blends together the office and on site duties. Thomas Trimble Tom's 24 years of experience as a salesman for Glidden Paint Company followed by his estimating years in the field collaborates his ability to estimate, manage, budget and cost contain projects of all sizes. Currently his dual role of estimator and On site supervisor for all stucco, waterproofmg, paint & finish projects, provides HACC with an excellent handle on the construction projects. B. A.~ONtRActt~G CORP. 9500 N.\v. 12th Street' Miami, Florida 33172 Mailing Address . P. O. Box 226408' Miami, Florida 33122-6408 Tdephone (305) 591-9212' Fax Line: (305) 591-9630 Construction Supervisor Education Associate in Arts Miami bade Community College Years Exnerience Total 22 years HACC 15 years Construction SuperVisor Education Miami Dade Community College Building Construction Courses Years Exneri.ence TomI18 years HACC 15 years Dennis Dara As a career construction supervisor, Dennis's vast experience and knowledge has been in a multitude of project scopes. From construction of multi level housing projects renovations, to lift stations to new construction of bank & institutional facilities, Dennis has managed most facets of the industry. With strong experience in the Job Order Contracting & educational facility arena, . Dennis is working with Miami Dade College and Miami Dade County Public Schools currently. Xavier Sansaricq.. Xavier's starts as a painter & project foreman has lead him through many years of exposure in the construction industry. As a construction supervisor with HACC over the last 5 years, Xavier's strengths have been his ability to balance the field and office supervision & duties. Currently running . the School District of Palm Beach County Portable relocations contract, the School District ofBroward County's Relocatable Buildings contract and the Palm Beach County JOC Contract, Xavier manages subcontractors, crew, architects and engineers directly. Bilingual, he is able to provide effective communication to those associated with projects at all levels. . H.A.CONTRACTINGCORP. 9500 N.\v. 12th Street' Miami, Florida 33172 . Mailing Address . P. O. Box 226408' Miami, Florida 33122-6408 Telephone (305) 591-9212' Fax Line: (305) 591-9630 Field Supervisor Larry Smith Years Experience Tota132 yeatS HACC 16 yeatS An experience supervisor with on site management, Larry has supervised entire operations for major construction projects. He has trained crews and coordinated operations with subcontractors in all major disciplines. He provides effective conimunication on a daily basis with the project manager, architect, engineers, owners & crew. Field Supervisor Dave Lutes Years Exoerience Total24 yeatS HACC 4 years . Dave joined HACC with experience in residential & commercial project supervision as wen as hands off craftsmanship and service work. Joe Dara Field Supervisor Joe has been in the construction industry from an early age with familial ties to the industry. He hands on as well as supervisory skills lends to schedules being met and completion of projects. Years Experience Tota119 yeatS HACC 4 yeatS B. A.CONT8ACTINGC08P. 9500 N.\v. 12th Street. Miami, Florida 33172 Mailing Address. P. O. Box 226408 . Miami, Florida 33122-6408 Telephone (305) 591-9212. Fax Line: (305) 591-9630 . . H.A.Contracting Corp. is constantly updating its list of subcontractors. Below is a list of subcontractors that HACC utiltizies for bidding and awarded work. Alarm Electronics Inc. B&S Casework B.K. Electric Breig Electric Coltec Engineering EC Stokes Mechanical First General Drywall Franklin Flooring Gray Plumbing & Mechanical George R. Colbrooth Electrical Gauranteed Fence Imperial Commercial Carpet KMllnternational LACE Foodservice MAC. Constructionlnc McPoyles Painting Metro Engineering Contractors MJ Roofing Modern Venetian Blinds Monarch Fire Protection Pyke Mechanical Renaissance Builders & Constructors Sol-A- Trol TCOE Corporation D. .A. CONTllAtTlNG.~ORP. 9500 N,W, 12th Street" Miami, Florida 33172 Mailing Address" P. 0, Box ]45240' Coral Gables, Florida 331 14-5240 Telephone (305) 591-9212 . Fax Line (305) 591-9630 . Section 12.13 METHODOLOGY OF PROJECT MANAGE:MENT FOR JOC The necessary staff will be assigned to projects as per the following breakdown (See H.A. CONTRACTING CORP. JOC Management Plan ORGANIZATIONAL CHART"): Projects ranging from $100.000.00 to $500.000.00 Project Manager Level II Field Supervisor In House Projects ranging from $500.000.01 to $ .000.000.00 Vice President Project Manager Level I Project Manager Level II Field Supervisor In House Field Manager In House Projects szreaterthan $1.000.000.00 President Vice President Project Manager Level I Project Manager Level II Field Supervisor In House Field Manager In House Job Order Contracts are indefinite qUantity, :firm. fixed price contracts. The contractor is responsible for evaluating the scope of work as defined by the owner and developing a quantitative estimate to be used in conjunction with the Job Order Contract Unit Price Catalog. Each Project will be assigned Contract Administrator. Contract Administrator will develop bid price for work being solicited. Progen Proposals will be submitted in compliance with the JOC contract documents. Upon receipt the Notice of award project administration begins including subcontractor agreements, design, permitting & submittals. Material Submittal log will be developed, and all submittals effecting the critical path of the project will be forwarded to the owner' representative as soon as possible (2-3 weeks). Balance of all remaining submittals will be made at the end of 4 weeks. Theproject schedule will be submitted for approval upon completion of design drawings (if applicable). Once a pre-construction meeting is held, mobilization will commence & work will begin according to schedule. Upon substantial completion of the project, in house forces affirm punch list completion by all involved. At final acceptance inspection approval, project administrators will generate close out packages, including but not limited to required contract forms, As Built drawings and copies of permits or other pertinent documents, submitted to the owner for approval. ( . . ~.. .~ U .Qcd cd .(1) . ~~ 0.. ..~ uS .cd ~ .~. ~~ ~C+-I o 0 .J:J ~. O.~ ~u lb ::.:.~. Project Manual 00708 xxx 2. xxx 6. xxx 7. XXX8.. xxx 9. FORMcERtn=ICATE OF INSURANCE INSlJAANCECHECK LIST Workers' Compensation and Employer's Liability per the. statutory limits. of the State of Florida. Comprehensive General Liability (occl.lrrence form), limits of liability $1,000.000.00 pel' occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual . Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsernent exactly as written in "insurance requirements. of specifications ). Autornobile Liability - $1,bOO,000 each oCcurrence - owned/non- owned/hired automobiles included. Excess Liability ~$ .00 per ()ccurrence to follow the primary coverages. The City must be named as and additibnal insured on the liability p()IiCies; and it must be stated on the certificate. Other Insuranee as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 . XXX Professibnal Liability $ 250.000.00 Thirty (30) days Written cancellation noticerequired. Best's guide rating B+:Vlor better, latest edition. Thecertificaternust state the Quote nurnber and title VENDORAND INSURANCE AGENT STAtEMENT: We understand the Insurance ReqUirements of these specifications and that evidence of this insurance may be required within five (5) days after Bid opening. . kkNI-'1 !hv~EUJ 11L Contractor March 2004 - I ' ~C08.Q" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 06/10/2004 PRCOUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cr.llinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 9315 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COYERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COYERAGE NAIC# INSURED INSURER A: Amerisure Mutual Ins Co H.A. Contracting Corp. INSURER B. P.O. Box 226408 INSURER c: Miami, FL 33122-6408 INSURER D. INSURER E: cny""'.""" THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~M :.rm;~ TYPE OF INSURANCE POLICY NUMBER P~H~Y EFFECTIVE PR~'f,)' EXPIRATION LIMITS GENERAL LIABILITY GL20062590002 01/01/2004 01/01/2005 EACH OCCURRENCE $ 1,000,00~ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,00~ I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,00~ A X CONTRACTUAL PERSONAL & ADV INJURY $ 1,000,00Cl ~ HOLD HARMLESS GENERAL AGGREGATE $ I,OOO,OOCl I-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,00Cl h POLICY [Xl ~r8i n LOC AUTOMOBILE LIABILITY CA1198095 01/01/2004 01/01/2005 COMBINED SINGLE LIMIT "x $ ANY AUTO 7 (Ea accident) 1,000,00( I--- ALL OWNED AUTOS I--- t7 BODILY INJURY $ SCHEDULED AUTOS ~~ (Per person) A X HIRED AUTOS BODILY INJURY X $ NON-QWNED AUTOS I- to/V 'i (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =i ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC1382622 10/10/2003 10/10/2004 X I T"Xg~i~~.1 10J,II- EMPLOYERS' LIABILITY 500,00( A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 500,00( If ~es, describe under E.L. DISEASE. POLICY LIMIT 500,00( S ECIAL PROVISIONS below $ OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS the ~ity of Miami Beach is named as additional insured on the general liability in regards to ~ollowing project: Notification of Contract Award - Job Oder Contract (Joe) No. 14-03/04, Public Works Department City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1!L. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE Lee Fowler AU ACORD 25 (2001/08) @ACORD CORPORATION 1988 lb - ~ Project Manual . . Bond No.PRF08667448 00710 FORM OF PERFORMANCE BOND BY THIS BOND, We H.A. Contracting Corp. . '. Fidelity & Depo~it as Principal, hereinafter called CONTRACTOR, and Company of Maryland as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the initial amount of Two Million Dollars ($2,000,000), for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors. administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 14.:..03/04 ,awarded the 26 day of May, 200.l-.. with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: $. Performs the Contract between CONTRACTOR and CITY for construction of Job Order Contract 14-03/04 the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract: and Pays CITY all losses, liquidated damages. expenses, costs and attorneys fees inclUding appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract: and Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents: or 1. 2. ,~ /~ "..~ ~ ~; l j'" ~, March 2004 City of Miami Beach c;DpYTight e 2004 Tha Gon:lbsn GroIJP Page 65 I', ,;i ~ -- project Manual 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents. and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the ConVact Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein, 5. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 16th day of June 2004 , ~, [;1,- ~~ , I ~,~" Page 66 City of Miami Beach (;OOyl'i~ht <t'I2004 Tho GiorOIm1 GrOlJp March 2004 If,j lb - Project Manual WITNESSES: -t{~ (Secretary) By )1) e V>.e.t>1 DiYV 0- (CORPORATE SEAL) Henry Angelo, Ill, President (Type NamefTitle Signed Above). 16th day of June ,20 04 IN THE PRESENCE OF: By A ent and Attorney-in-Fact 9130 S. Dadeland Blvd., Suite 1700 (Address: street) Miami, FL 33156 (City/State/Zip) Telephone No.:305-670-6309 , .! :!~ ~.~ ;'; March 2004 City of Miami Beach <':Upylio,)ht C 2004 The oorcliM Group . Page 67 ,.... ' " , ~ ", - -=-- Project Manual Bond No.PRF08667448 00720 FORM OF PAYMENT SaND BY THIS BOND, We B.A. Contracting Corp. ' as Fidelity & Deposit Principal. hereinafter called CONTRACTOR. and Comoany of Maryland as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called Crry, in the amount of initial Two Million Dollars ($2.000.000) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors. administrators. successors and assigns, jointly and severally. WHEREAS. CONTRACTOR has by written agreement entered into a Contract. Bid/Contract No.:14-03/04 . awarded the 26th day of May ,20~. with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1 . Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; < l ~ r~ , ') THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE. IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOW1NG CONDITIONS: 2.1 . A claimant, except a laborer. who is not in privity with CONTRACTOR and who has not received payment for its labOr, materials. or supplies shall, within forty-five (45) days after beginning to furnish labor. materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials. or supplies shall, within ninety (90) days after performance of the labor or after complete page 68 City of Miami Beach ccpvrlOht €I :W04 The Gordii\n (~rot.IP March 2004 :; I' tb - ~ Project Manual delivery of the materials or supplies. deliver to CONrRACTOR and to the Surety. written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor. materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2,2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255,05(2). Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 16th day of June ,2004 WITNESSES: (CORPORATE SEAL) By Henry Angelo. III. President (Type NamefTitle Signed Above) IN THE PRESENCE OF: By i I I ~;; 9130 S. Dadeland Blvd.. Suite 1700 (Address: Street) Miami, FL 33156 (City/state/Zip) Telephone No.: 305-670-6309 March 2004 City of Miami Beach cop\''l'ight <0 2004 Th~ Gotdjlll~ Gl'OI..IP Page 69 I I. -.-- ." !-,.. ~ -::;;;;;:::- Project Manual 00721 CERTIFICATE AS TO CORPORATE PRINCIPAL I. Nicholas Angelo , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and payment Bond); that Henry Angelo, II~ who signed the Bond(s) on behalf of the Principal, was then President of said corporation; that I know his/her signature; and his/her signature thereto is genuine: and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority .ts erning body. V\.- (Seal) as Secretary of H.A. Contracting Corp. (Name of Corporation) (SEAL) STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared R. H. Benson to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribp.d and Sworn to before me this 16th da of June U-~ Nota Public. state of Florida at Large 2004 , - My commission expires: Bonded by Page 70 City of Miami Beach lXIPynghl C 2004 Tha GOldiSl'\ G(OUP March 2004 \. lIli . . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T, E, SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said compii5Y' w . set forth on the reverse side hereof and ate hereby certified to be in full force and effect on the date hereof d s "&} . ate, constitute and appoint R. H. BENSON, of Miami Shores, Florida, its true and la -' - , 0 make, execute, seal and deliver, for, and on its behalf as surety, and as its act and 0 ngs and the execution of such bonds or undertakings in pursuance of these 0 ompany, as fully and amply, to all intents and purposes, as if they had b.sicr\~y~ e regularly elected officers of the Company at its office in Baltim~~\Jil:iIr ~~@ s power of attorney revokes that issued on behalf of R. H. Benson, date~ ,101.1 \:::-I @~ The said Assistant ~ t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- y, and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed theit names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of August, A,D, 2003. ArrEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~v~ By: Assistant Secretary Paul C. Rogers ~ T. E. Smith Vice President State of Maryland }ss. City of Baltimore . On this 13th day of August, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T, E, SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they ate the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and ditection of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and yeat first above written. fYpJ- Dennis R. Hayden Notary Public My Commission Expites: February 1, 2005 POA-F 031-0061 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this I( ~ I a day of \J::n~ CXXJY . ofc1~ Assistant Secretary 00800 GENERAL CONDITIO....S 1. Project Manual: 1.1. Order of Precedence of the Component Parts of the Contract Documents: 1.2. In the event ofa Conflict between different parts of the Contract Documents, the order of precedence of the component parts of the Contract Documents shall be as follows: A. Project Manual, Volume I 8. Addenda, if any C. Plans and Drawings, if any d D. Construction Task Catalog, Volume II E. Standard Specification of the City, State or Federal Government, if any F. The Job Order G, Technical SpecifiCation, VolUme III H... Proposal and Acceptance Forrns I. Invitation to Bid J. Bonds K. Insurance 1.3. The Project Manual includeS any general and JOC Supplemental Contract conditions or specifications attached hereto. 1.4. The Project Manual, along With all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material,and dimensions except when City and or Program Manager may authorize, in Writing, an exception. 1.5. Dimensions given in figures are to hOld preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by the City and or Program Manager. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from the City and or Program Manager. 1.6. Contractor shallbefumished, free of charge, one paper (1) copy of the Project Manual, and (1) copy of the CTC. All documents including the Technical Specifications will be provided on CD-ROM, which Shall be preserved and always kept accessible to City and or . ------ -:---- . ProJect Manual ProJect Mal1ual lD -=-" Program Managl:lr authorizM reprl:lsentatives. Additional copies of the Project Manual may be obtained from City at the cost of reprod uction. 2. Intelltion of City: 2.1. It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulationsgoverhing construction ofthe Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being requirl:ld to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words Which have a well-known technical or trade meaning are used to describl:l work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals,. or codes of any technical soCiety,' organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, cOde or laws or regulationsinl:lffect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. . Preliminary Mattl:lrs: 3.1. Ala time specified by the City and or Program Mahagl:lr but before Contractor starts the work at the Job Order site, a conference attended by Contractor, City and or program Manager and others as deemed appropriate by Contract Administrator, will be held to discuss the schedule, Shop Drawings other submittals, safety, site access and other issues as rl:lquired to establish a clear understanding of the construction operations. Perforrnancel3ond and Payment Bond: Within fifteen (15) calendar days of being notified of thl:laward, Contractor shall furnish a Performance Bond and a Payment Bond containillg all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. Each Bond shall be. ill the amount of two million ($2,000,000) dollars guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Project Manual Bond shall be With a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall cOntinue in effectfor one year after Final Completion and acceptance of the work With liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. . If the option terms are exercised the Contractor shall furnish additional performance and payment bonds in the amount of $2,000,000 each. If an individual Job Order is issued over the maximum amount of initial value of the contract bonds, the City will request from the contractor a payment and performance bond equal to the amount of the Job Order. The City will pay for the extra bonds as a Non-prepriced task with no mark ups from the contractor. 4.3. Pursuant to the requirements of Section .255.05(1)(a),Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(S) referenced above shall be recorded in the public records of Miami-Dade County and prOVide City with evidence of such recording. 4.4. Alternate .. Form of Security: In . lieu of a Performance. Bondahd a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in thefomi of cash, money order,certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those. applicable above and shall be held by CITY for one year after completion and acceptance of theWork. Qualification of Surety: 5.1. Bid Bonds,PerfomianceBonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1.. Each bond must be executed bya surety company of recognized standing, authorized to do business in the State (if Florida as surety, having a resident agent in the State of Florida and having been in business with a record of . successful continuOus operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury .~ ~ ~ Circular 570, Current Revisions. If the amoohtof 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 most 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. 5.1.3. The CITY willacc::ept a surety bond froth 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- holder's Ratinos . 500,001 to 1,000,000 1,000,001 to 2,000,000 2,000,001 to 5,000,000 5,000,001 to 10,000,000 10,000,001 to 25,000,000 25,000,001 to 50,000,000 50,000,001 or more B+ B+ A A A A A Class I Class II Class III Class IV Class V Class VI Class VII Indernnification: 6.1. CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities,damages,losses, and costs, including, but not limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness or intentional Wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. . Project Manual Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim,action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2: The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's . option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. Insurance Requirements: 7.1. Without limiting any. ofttle other obligations .. or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain . in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7,1.1. Workers'. Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 7.1.U. Employers' Liability with a limit of $500.000 each accident. 7.1.1.2. Ifany operations are to be undertaken oh or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of $1,000,000 ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive. than the .Iatest edition of. the Comprehensive General Liability poliCy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: F'roject Marillal L.........~..............'.................'......................... u.I ~. ~-.. Premises and/orOperations. Independent Contractors. Products and/or Completed Operations for contracts over . Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. Explosion, Collapse and Underground Coverages. . Broad Form l'roperty Damage. Broad Foiti1' Contractual Coverage applicable to this specific Contract, including any hold harmless . and/or indemnification agreement. 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. . 7.1.2.8. CITY is to be expresslyinclucled as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection With general supervision of such operation. Business Automobile Liability with minimum limits of One Million ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non-OWried Vehicles. 7.1.3.3. Employers' Non-Ownership. . If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.1.2.1. 7.1.2.2, 7.1.2.3. 7.1.2.4. 7.1.2.5. 7:1.2.6. 7.1.3. .:~ .~ 7.3. Notice of Cancellation and/or Restriction~-The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. . 7.4. CONTRACTOR shaH furnish to the CITY's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Foim 00708. The official title of the Owner is the CITY of Miami Beach, Florida. This official title shall be used in all insurance documentation. 7.6. Additional or Replacernent Bond: It is further rnutually agreed between the parties hereto that if, at anytime, the CITY shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for . any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five (5) days after the receipt of notice frorn the CITY to do so, furnish an additional or replacement bond or bonds in such forrn, amount, and with such surety or sureties as shall be satisfactory to the CITY. There shall be no lapse in surety coverage and failure to do so shall bea material breach of this Contract. In such event, no further payments tothe Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Board. 7.7. Professional Liability Insurance: If the. scope. of work of this contract, .. as determined by individual Work Orders, includes professional services which require signed and sealed documents, then the Contractor at that point shall provide evidence of Professional Liability Insurance from the Architect/Engineer of record with policy limits no (ess than $250,000 per claim. Evidence of said Professional Liability Insurance shall be submitted to the CITY prior to the commencement of the professional service. . Labor and Materials: 8.1. Unless otherwise provided herein,CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or City of Miami Beach oopyrlghtO 2004 The Gordian Group Page 79 . permanent and whether or notinc6tporated or to be incorporated in the Work. CONTRACtOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled inthe work to which they are assigned. ~oyalties and Patents: 9.1. All fees, royalties, arid claims for any inVention, or pretended inventions, or patent of any article, material,arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work Or appurtenances, are hereby . included in the prices stipulated in this Contract for said work. Weather: 10.1. Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 39. These timeextellsions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: 10.1.1. CONTRACTOR being unable to work at least fifty percent (50%) of the normal work day on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; Or 10.1.2. CONtRACTb~ must make major repairs lothe Work damaged by weather. Providing the damage waS not attributable to a . failure to perform .or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the . accepted schedule or updates. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within theJOCSUpplemental Conditions, all permits and licenses required by federal,state or local laws, rules and regulations necessary for the prosecution of the Work undertaken. by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. The General Contractor's Building Permits, Public Works Permits and Zoning Permits will be reimbursed by the CITY for the cost of the Permit only as a non pre- .......~.............................................. . . -=- Project Manual priced task with no marked-ups. The cost for obtaining the Permits is to be included in the Contractor's Adjustment Factor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the CITY and/or Miami-Dade COUhty shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality and submitted to CITY as a non pre-priced task. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. 12. Resolution of Disputes: 12.1. To prevent aU disputes and litigation, it is agreed by the parties hereto that the CITY shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CITY's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to Contract Administrator in writing within twenty-one (21) calendar days. Unless a different period of time is ~et forth herein, Contract Administrator shall notify CITY and CONTRACTOR in writing of his decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Contract Administrator requires additional time to gather information or allow the parties to provide additional information, All hon-technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, Contract Administrator and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2. In the. event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the March 2004 City of Miami Beach copyrlght 0 2004 The GO<d1an Group Page 81 m '~ ~ Project Manual deterrnination rnust notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically Waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 13. Inspection of Work: 13.1. CITY and 01' Program Manager shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CITY and or Program Manager instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CITY and or Program Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CITY and or Program Manager, it must, if required by CITY and or Program Manager, be uncovered for examination and properly restored at Contractor's expense. 13.1.2. Re~examination of any of the Work may be ordered by the CITY and or Program Manager with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in Page 82 City of Miami Beach copyright 10 2004 The Gordian Group March 2004 / & ~ accordance with the Contract Documents, CONTRACTOR shall pay such cost. . 13.2, Inspectors shaH have no alithority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of the CITY and or Program Manager. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of CITY maybe given through Program Manager, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full- time competent English speaking superintendent and any necessary assistants, all satisfactory to the CITY and or Program Manager for each Job Order issued. The superintendent shall not be changed except with the written consent of the CITY and or Program Manager, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by the CITY and or Program Manager upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. The CONTRACTOR shall keep on the Work the Superintendent at all times during the working hours. The Superintendent shall be reachable 24 hours a day, seven days a week. If the Superintendent is not available because of illness or vacation or the like, the CONTRACTOR shall notify the CITY of the substitute Superintendent. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minirnum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of, CITY and or Program Manager, regulatory representatives; any special or unusual conditions or occurrences March 2004 City of Miami Beach copyright 10 2004 The Gordian Group Page 83 Pr6Ject Manual . ;".,~ encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and Program Manager. 14.3. The Contract Administrator,. CONTRACTOR and Program Manager shall meet at least weekly or as determined by the Contract Administrator, during the courSe of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CITY and or Program Manager shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform the CITY and or Program Manager, in writing, and the CITY and or Program Manager will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervlseand direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Workwithill fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such Page 84 City of Miami Beach copyright 0 2004 The Goo::Iian Group March 2004 ~ ..~ Project Manual notice, shall not proceed in accordance therewith, then CITY may upon written certificate from Program Manager of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or Which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed, 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver March 2004 City of Miami Beach copyright C 2004 The Gordian Group Page 85 . .-...-- - . Project Manual or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Right to Stop Work or Terminate Contract: 16.1. Should CITY and or Program Managerfail to review and approve or state in writing reasons for non-approval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by Program Manager of any sum certified by the CITY, or to notify CONTRACTOR and or Program Manager in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and/or Program Manager of such delay, neglect or default, specifying the same. If CITY and or Program Manager (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to Contract Administrator in accordance with the provisions of Article 12 hereof. 17. Assignment: 17.1. Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and CITY Commission. 18. Rights of Various Interests: 18.1. Whenever work being done. by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. . Differing Site Conditions: 19.1. In the event that during the course of the Work CONTRACTOR encounters subsurface orcbncealed conditions at the Project site which differ materially from those shown on the Contract Documents and or the Detailed Scope of Work and from those ordinarily City of Miami Beach copyright <<> 2004 The Gordian Group March 2004 ........~................................................. ~ - :""-C-- Project Manual encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and or Program Manager in writing of the existence of the aforesaid conditions. CITY and or Program Manager shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CITY and or Program Manager, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of the original Detailed Scope of Work, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CITY and or Project Manual. Program Manager shall recommend an equitable adjustment to the Contract Price by initiating another Job Order based on the new Detailed Scope of Work, or the Contract Time, or both. If CITY and or Program Manager and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Contract Administrator . for determination in accordance with the provisions of Article 12. Should the Contract Administrator determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, the Contract Administrator shall so notify CITY and or Program Manager and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. 19.2. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. 19.3. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CITY and Program Manager as the date of substantial completion. 20. Plans and Working Drawings: 20.1. CITY and or Program Manager shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Detailed Scope of Work. In case of disagreement March 2004 City of Miami Beach copyright C 2004 The Gordian Group Page 87 ~ ~ --=- Project Manual between the written and graphic portions of the Detailed Scope of Work, the written portion shall govern. 21. CONTRACtOR to Check Plans, Specifications and Data: 21.1. CONTRACTOR shall verify all dimensibris, quantities and details shown on the plans, specifications or other data received from CITY and or Program Manager, and shall notify CITY and or Program Manager of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the CITY and or Program Manager. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to the CITY and or Program Manager. 22. CONTRACTOR's Responsibility for Damages and Accidents: 22.1. CONTRACTOR shall accept full responsibility forthe Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONtRACtOR shall be responsible for all materials, equipment and supplies pertaining to the Project, In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: 23.1. CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CITY and or Program Manager, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 23.2. All work furnished under this Cbntract shall be guaranteed against defective materials and workmanship, improper performance and noncompliance with the Contract Documents for a period of one year after final completion and acceptance of the Job Order, except as City of Miami Beach copyright C 2004 The Gordian Group March 2004 Project Manual . otherwise specifically specified in other parts. of the Contract Documents, or within such longer period of time as may be prescribed by law or provided by the manufacturer. 23.3. The Guarantee shall include the name of the project as designated in the Job Order, be signed by an officer of the company having authority to provide the warranty, and state: ''This document serves as a one (1) year written guarantee for the work performed, and material and equipment inStalled on the above referenced Work Order. This guarantee incorporates all provisions of the Contract Documents that refer or relate to the guarantee. This guarantee is commenced on the final acceptance date." 23.4. During the guarantee period, the Contractor shall repair ahd replace . at his own expense, when so ordered by the CITY, all work that may develop defects whether these defects may be inherent in the equipment or materials, in the functioning of the piece of equipment, or in the functioning and. operation of pieces of equipment operating together as a functional unit. Any equipment or material which is repaired or replaced shall have the guarantee period extended for a period of one year from the date of the last repair or replacement. 24. Supplementary Drawings: 24.1. When, in the opinion of the CITY aM Or Program Mahager, it becomes necesSary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by the CITY and or Program Manager or the Contractor may be requested to prepare Architectural Services to document the Detailed Scope Of Work. 24.2. The sUPlllementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original . Detailed Scope of Work, appropriate adjustments shall be made by issuance of an a Job Order along with the required documentation. 25. . Defective Work: . 25.1. The CITY and or Program Manager shall have the authority to reject or disapprove work which CITY and or Program Manager finds to be defective. If required by the CITY and or Program Manager, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. CONTRACTOR shall bear all direct, indirect and consequential costs March 2004 City of Miami Beach copyright 0 2004 1he Gordian Group Page 89 & Project ManUal ~ of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in acCordance with the requirements of the Contract Documents within the time indicated in writing by the CITY and or Program Manager shall have the authority to cause the defective work to be removed or corrected, or make such repairs as maybe necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or Which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection When such defect is discovered, or obligate CITY to final acceptance. 26. Taxes: 26.1. CONTAACTOR shall pay aU applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. Sales Tax has been included in the material and equipment cost of the unit prices. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor or Architectural and Engineering firm against whom CITY and or Program Manager may have a reasonable objection. CONTRACTOR shall not be Page 90 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 ....1t'I'S. .................... .. ............ ~ . Project Manual 27.2. 27.3. 27.4. 27.5 required to employ any subcontractor against Whom CONTRACTOR has a reasonable objection. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to payor to see the payment of any monies due any subcontractor. CITY and or Program Manager may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work perforrned. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. For Contract 12-03/04 Public Works Contract CONTRACTOR Shall perform the Work with its own organization, amounting to not less 30% of the Contract. Price. For Contracts 14-03/04 Capital Improvements Projects arid 13-03/04 City Wide,CONTRACTOR shall perform the Work with its own organization, amounting to not less than 10% of the Contract Price. The participation will be an accumulative participation over the contract. Execution of Subcontracts: 27.5.1. The Contractor shall provide with each Job Order Price Proposal a list of proposed subcontractors and type of work being performed. This list shall be provided on a form provided by CITY. 27.5.2. The Contractor shall not commit to or finalize subcontracts with any subcontractors until receipt of approval of each subcontractor and receipt of a Job Order by the CITY. No subcontractor shall be used that is excluded from Federal, State or CITY of Miami Beach procurement programs nor those who have been debarred or otherwise excluded from the CITY procurement system. 27.5.3. Upon receipt of a Job Order, the Contractor shall immediately enter into each approved subcontract, and thereafter shall neither terminate any such subcontract nor reduce the scope of the work to be performed by, or March 2004 Page 91 m ~. - project Manual decrease the price to be paid to the subcontractor thereunderwithout prior notification to CITY. 27.5.4. If the CITY rejects any sub contractor or architectural and engineering firm proposed, it is hereby agreed that the rejection will not be the basis for an increase in the Job Order Price Proposal. 27.6. Procedure for Changing Listed Subcontractors: A subcontractor may be changed only subsequent to notification to and approval from the CITY. The notification of change shall state reasons for the change with a release from the listed subcontractor attached thereto. 27.7. The Contractor shall give his/her personal attention constantly to the faithful performance of the works shall keep the same under his/her own control, and shall not assign the contract by power of attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the CITY. 27.8. If an approved SUbcontractor elects to subcontract any portion of its subcontract, the proposed sub-subcontract shall be submitted in the same manner as directed above. 27.9. Wherever the wordSubcontr'actor appears, it also means sub- Subcontractor. 27.10. No Subcontractor shall be permitted on the Site unless such subcontractor is approved. Before entering into any subcontract hereunder, the Contractor shall inform the Subcontractor fully and completely of all provisions and requirements of this Contract relating either directly or indirectly to the Work to be performed and the . materials to be furnished under such subcontract, and every such Contractor shall expressly stipulate that all labor performed and materials furnished thereunder shall strictly comply with the requirements of the Contract. 27.11. The agreement between the Contractor and its Subcontractors shall contain the same terms and conditions as to method of payment for Work, labor and materials, and as to retained percentages as are contained in this Contract. 27.12. The Contractor shall pay all Subcontractors for and on account of Work performed by such Subcontractors in accordance with the terms of their respective subcontracts. If and when required by the CITY, the Contractor shall submit satisfactory evidence that it has made such payment. Page 92 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 Bra -=- Project Nlanual 27,13. The CITY's approval of a Subcontractor shall not relieve the Contractor of any of its. responsibilities, duties and liabilities hereunder. The Contractor shall be solely responsible tothe CITY for the acts, omissions or defaults of its Subcontractor and of such Subcontractor's officers, agents and employees, each of whom shall, for this purpose, be deemed to be the agent or employee of the Contractor to the extent of its subcontract. 27.14. The Contractor shall cause appropriate provision to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions contained in the Contract. 27.15, Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the CITY. 27.16. No Subcontractor shall be permitted to perform Work at the Site until it has fumished satisfactory evidence of insurance as required by the CITY. 27.17. The Contractor shall promptly, upon request, file with the CITY a conformed copy of any subcontract. 27.18. Contractor Liable and Responsible To CITY: 27.18.1. The Contractor shall be held liable by CITY for the performance of all the . work provided for under this Contract. These specifications make no attempt to fix the scope of the work of the subcontractors or the responsibility . of any such subcontractors, it being understood that the Contractor shall fix the scope of all work and responsibilities of the subcontractors. 27.18.2. The Contractor's use of Subcontractors shall not diminish the Contractor's. obligations to complete the Work in accordance with the Contract. The contractor shall not be released from any part of his/her liabilities or obligations under his/her contract should any subcontractor fail to perform in a satisfactory manner the work undertaken by him. The Contractor shall control and coordinate the Work of its Subcontractors. 27.18.3. Any disputes which may arise in this connection between the Contractor and any subcontractor must be settled between the parties concerned. CITY will not undertake or be in any way responsible for the settlement of such disputes. March 2004 Page 93 . ~' F'roJect Manual 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or tesults upon the work of any other persons, CONTRACTOR shall inspect and promptly report to the CITY and or Program Manager any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and teport shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at onCe report to the CITY and or Program Manager any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at .its sole option to take. possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by Program Manager and or CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. Page 94 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 . .- .-.,~ Project Manual 29.2.2. 29.2.3. 29.2.4. 29.2.5. . . CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from the CITY and or Program Manager. Upon CITY's issuance of a Certificate of Substahtial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion. within the time specified by the CITY and or Program Manager on the Certificate of Substantial Completion, as soon as possible aM request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, the CITY and or Program Manager shall issue a Final Certificate of Payment relative to the occupied area. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands fot Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR'S own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of March 2004 Page 95 City of Miami Beach copyright C 20041he Gordian Group .""'- ~ -=- Project Manual materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions: 31.1. CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. LOCation and Damage to Existing Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR'S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for ~ositive underground location,relocation or support of its utility where that utility may be in conflict With or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a mannerthat the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely Page 96 City of Miami Beach copyright C 2004 The GordlM Group March 2004 ..,I'M. ~ -:::.:- Project Manual 34. 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. Value Engineering: 33.1. CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to the CITY and or Program Manager in Writing. The CITY and or Program Manager will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without the CITY's and or Program Manager's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by the CITY and or Program Manager shall not result in any increase in the Contract Price or Contract Time. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including the CITY and or Program Manager's review fees and charges. If a substitution is approved, the net dollar savings shall be processed as a deductive Change Order. CITY may require CONTRACTOR to fumishat CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. Continuing the Work: 34.1. CONTRACtOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreernents concerning a request for a Change Order, are quest for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. . Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner, Any extra or additional work within the scope of 33. 35. City of Miami Beach copyright C 2004 The Gordian Group Page 97 Project Manual lb ~ this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders issued through a Job Order with the required Documentation. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders through a Job Order with the required Documentation executed only by CITY as hereinafterprovided. 36. Field.Orders and Supplemental Instructions: 36.1. The Contract Administrator, through the CITY and . or Program Manager, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. The CITY and or Program Manager shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Change Orders: 37.1. The CITY without invalidating the Contract, may order changes in the Work by altering, adding to or deducting from the Job Order, by issuing an additional Job Order. . All changes are to be Owner initiated as aresult of: 1) change inthe original scope of work or 2) a hidden condition requiring the use of work tasks or non pre-priced tasks not in the Contractor's original Price Proposal. All such Work shall be executed under the conditions of the original contact. 37.2. No changes shall be made without a written Job Order from the CITY. No claim for an additional Job Order amount shall be valid unless so ordered and authorized by issuance a Job Order. 37.3. Changes will be considered as a new Job Order and such will follow the procedures outlined in Article 12 of the Ordering Procedures in the JOC Supplemental Conditions. 37.4. Changes in the quantity or character of the Work within the scope of work of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be Page 98 City of Miami Beach copyrighl 02004 The Gordian Group March 2004 . ~ .~ Project Manual authorized only by Change Orders, issued with a Job Order with the required documentation and approved in advance and issued in accordance with the provisions of the CITY. 37.5. All changes to construction contl<lcts must be approved in adVance in accordance with the value of the Change Order or the calculated value of the time extension. 37.6. In the event satisfactoryadjustinent cannot be reached for any item requiring a change .in the Contract Price or Contract Time,and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contl<lct as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Contract Administrator as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.7. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Change Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined as followings: 38.2. All changes, or order of extra Work shall be paid for at the Unit Prices set forth in the Construction Task Catalog or as Non Pre-priced Tasks. Credits for the omission or reduction of Work shall be paid in the same manner. 38.3. For each change, omission or extra Work ordered by the CITY, the contractor shall submit a Job Order Price Proposal in writing to the CITY stating a lump sum amount and shall state the extent to which the contract time shall thereby be increased or decreased. 38.4. All Job Order Price Proposals shall be submitted promptly. 39. Notification ahd Claim for Change of COhtract Time: 39.1. Any claim for a chahge in the Contract Time shall be made by written notice by CONTRACTOR to the Contract Administrator and or City of Miami Beach copyright 10 2004 The GotcHan Group Page 99 ProJ&ctMallual Pro!;jram Manager within one (1) calendar day of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. The CITY will. consider the request for additional time to complete the Job Order and render its judgement within five (5) days. If the CITY and CONTRACTOR cannot agree, a determination shall be determined by Contract Administrator in accordance with Article 12 hereof. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. . 40. No Damages for Delay: 40.1. No claim for damages or any claim, othEirthan for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but nbtlimited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this . provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY and or Program Manager. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay; Compensable; Non-Compensable: 41.1. Excusable Delay: Delay which extends the completion of the Work and which is caused by circumstances beyond the control of i......IJiti<.......................................................... u.I ~ Page 100 March 2004 Project Manual CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. 41.2, CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. 41.3. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 41.3. Excusable Delay may be. compensable or non-compensable: 41.4.1. Compensable Excusable Delay: 41.4.1.1. EXCusable Delay is compensable when {i) the delay extends the Contract Time, (Ii) is caused by circumstances beyond the control of the CONTRACTOR Or its subcontractors, suppliers or vendors, and (Iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents, In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. 41.4.1.2. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. 41.4.1.3. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liqUidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include but not be City of Miami Beach copyright 0 2004 The Gordian Group Page 101 Project Manual . .....~: 41.4.2. limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, .Ioss of bonding capacity, loss of opportunity and all otMr indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be as listed in Article 19 of the JOC Supplemental Conditions per day for each calendar day the Contract is delayed due to a compensable Excusable Delay. Non-Compensable Excusable Delay: 41.4.2.1. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors,and is also caused by circumstances beyond the control of the CITY or Program Manager, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY. or Program Manager, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. Substantial Completion: 42.1. When CONTRACTOR considers that the Work, or a portion thereof . designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and or Program Manager in writing. Program Manager and or CITY shall then promptly inspect the. Work. When CITY and or Program Manager, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete ail of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial . Page 102 City of Mlaml.Beach copyright 10 2004lhe Gordian Group March 2004 ~ Pr()ject Manual completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: 43.1. Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 43. Shop Drawings and Samples: 44.1. CONTRACTOR shallsubrrlit Shop Drawings and or Samples as required and or as listed in the RFP for individual Job Orders. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture,installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44:2. Within the time specified on the RFP in calendar days after the Project Initiation Date specified . in the Notice to Proceed, CONTRACTOR shall submit to CITY and or Program Manager a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CITY and or Program Manager shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop draiNingsand other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review . and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings.show.or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not Project Man ual . . ."-----:.. ---r- relieve CbNTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CITY and or Program Manager sh~1I review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CITY and or Program Manager for material reasons. CITY'S and or Program Manager's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CITY and or Program Manager. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to p~rtial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CITY and or Program Manager along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CbNTRACTOR sh~1I submit the number of copies required by CITY ~nd or Program Manager. Re-submissions of Shop Drawings shall . be made in the same quantity until final approval is obtained. 44.10. CbNTRACTOR shall keep one set of Shop Dr~wings marked with CITY's approval at the job site at all times. 45. Field Layoutof the Work and Record Drawings: 45.1. During the construction of a JOC Job Order, the entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. Furthermore the CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all constructed items such .as: pipe Iines,conduits, structures, maintenance access structures, hand holes, fittings and the like. CONTRACTOR shall deliver these. records in good order to CITY and or Program Manager as the Work is completed. The cost of all such field layout and recording work is included in the bid adjustment Page 104 City of Miami Beach copyright II> 2004 The Gordian Group g ~ ." ~.. Project Manual 46. factor'S. All record drawings shall be made on reproduCible paper and shall be delivered to CITY and or Program Manager prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a.safe place at the Project site One record copy of all Drawings; Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good orderand annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CITY and or Program Manager for reference. 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR Shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CITY and or Program . Manager as listed in Article 46. If no drawings were provided by the CITY or developed by the Contractor, the City may require the Contractor, at no expense to the CITY, to provide "as-builts. to properly document the Work. The CITY will specify the form of As- Built drawings that will be required, based on what is practicable to both parties to the Contract. As-Built Drawings: 46.1. As the Work progresses, the Contractor and the Subcontractor for each trade or division of Work, under the direction of the Contractor, shall keep a complete and accurate record of the following: 46.2. Changes and deviations between the Work as shown on the Contract Documents (if drawings provided by the CITY or developed by the Contractor) and shop drawings indicating the Work as actually installed. 46.3. The specific locations of piping, valves duct Work, equipment, and Other such Work which were not located or changed location on the Drawings and shop drawings. 46.4. Equipment schedules indicating manufacturer's names and model numbers. 46.5. The As-Built Documents shall be arranged in a Idgicalorder, and in accordance with the various provisions of the Specifications (if any). and properly indexed. The Contractor shall review them for completeness prior to submittal to the CITY. At the completion of the Work. the Contractor and each Subcontractor shall certify by endorsement thereof that each of the revised sepia mylar of the March 2004 City of Miami Beach copyright C 2ClO4 The Gordian Group m .-=;;;;;;;::- Project Manual Drawings and copy of Specifications and shop drawings is complete and accurate. 47. Safety and Protection: 47.1. CONTRACTOR shall be solely responsible for initiating,maintaining and supervising all safety precautions and programs in connection With the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Prbjectsite or adjacent thereto, including trees,. shrubs, lawns, walks, pavements, roadways. structures and utilities not designated for removal, relocation or replacement in the course of construction. 47.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities . when prosecution of the work. may affect them, All damage, injury or loss to any propElrty referred to in Article 32 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be rElmedied by CONTRACTOR. CONTRACTOR's . dutiEls and responsibilities for the safety and protection of the work. shall continue until such time as all the Work is completed and Program Manager has iSSUEld a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in Writing by CONTRACTOR to CITY. Page 106 City of Miami Beach copyright 10 2004 The Gordian Group tb .- .'~ Project Manual 48. 49. 50. 51. Payment by CITY for Tests: 48.1. Except when otherWise specified in the Contract Documents and or RFP, the expense of all tests requested by CITY and or Program Manager shall be borne by CITY and performed by a testing firm chosen by CITY and or Program Manager. For road construction projects the procedure for making tests required by CITY and or Program Manager will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. Any testing the CITY and or Program Manager request the Contractor to perform will be identified in the Detailed Scope of Work and the cost submitted in the Contractor's Price proposal. PrOject Sign: 49.1. Any requirements for a project sign shall be as set forth in the Detailed Scope of Work and or Technical Specifications. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY and or Program Manager has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning. or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the CONTRACTOR to additional Contract Time as non- compensable, excusable delay, and shall not give rise to a claim for compensable delay. Cleaning Up; CITY'S Rightto Clean Up: 51.1. CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its March 2004 Page 107 City of Miami Beach oopyrlght C 2004 The Gordian Group i.~i.................d..... ~ ~ -::::- Project Manual waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall I be charged to CONtRACTOR. If a dispute arises between CONTRACTOR and separate contractors.. as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CITY and or Program Manager shall determine to be just. 52. Removal of Equipment: 52.1. In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination, Equal EmployrrientOpportuhity, and Americans with Disabilities Act: 53.1. CONTRACTOR shall. not unlaWfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 53.2. CONTRACTOR's decisions · regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be laWfully used as a basis for service delivery. 53.3. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of CITY of Miami Beach Ordinance No, 92-2824 in performing any services pursuant to this Agreement. March 2004 Page 108 . :'.:"-~',:' Project Manual project Records: 54.1. CITY shall have the rightto 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. OCcupational Health and Safety: 55.1. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 55.2. The chemical name and the common named the toxic substance. 55.3. The hazards or other risks in the use of the toxic substance, including: 55.3.1. The potential for fire, eXplosion, corrosion, and reaction; 55.3.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 55.3.3. The primary routes of entry and symptoms of overexposure. 55.4. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 55.5. The emergency prdcedure for spills,fire, disposal, and first aid. 55.6. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 54. 55. Project Manual & ~. 55.7. The year arid rnonth, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 55.8. Asbestos: 55.8.1. THE CONTAACTOR.IS WARNED THAT EXPOSURE TO AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH FOUR DISEASES: LUNG CANCER, CERTAIN GASTROINTESTINAL CANCERS, PLEURAL OR PERITONEAL MESOTHELlOMAAND ASBESTOSIS. Studies indicate there are significantly increased health dangers to persons exposed to asbestos who smoke, and further, to family members and otMr persons who become indirectly exposed as a result of the exposed worker bringing asbestos-laden work clothing home to be laundered. 55.8.2. The COhtractoris advised that friable and/or nonfriable asbestos-containhigmaterial may be encountered in area(s) where coritract work is to be performed. Friable asbestos containing material means any material that contains more than one percent asbestos by weight that hand pressure can crumble, pulverize or reduce to powder when dry. Nonfriable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturant, impregnant or coating. Nonfriable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end- use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition or other similar activities. 55.8.3. Care must be taken to avoid teleasing or causing to be released, asbestos fibers into the atmosphere where they may be inhaled or ingested. The Occupational Safety and Health Administration (OSHA) has set standards at 29 CFR 1910.1001 for exposure to airborne concentrations of asbestos, fibers, methods of compliance, medical surveillance, housekeeping procedures, and other measures that must be taken when working with or around asbestos-containing materials. 29 CFR 1910.1001 has been identified as applicable to construction (29 CFR 1926.55 gases, vapors, fumes, dusts and mists). The Page 110 City of MiamI Beach copyright C 2004 1he Gordian G-oup March 2004 .tb .~. .~,. Project Manual Environmental Protection Agency (EPA) has established standards at 40 CFR 61.140-156 for the control of asbestos emissions. to the environment and the handlirig and disposal of asbestos wastes. Additionally the Florida Occupational Safety and Health Administration standards are applicable to this contract. 55.8.4. Friable asbestos contairiingmaterials are not permitted by current criteria and shall not be used in new construction or modification projects (ETL 1110-1-118, 27 May 1983). Plans and specifications for all new construction and modification projects will be reviewed to ensure that the use of friable asbestos-containing materials is not called for. 55.8.5. Maintenance, modification, or demolition activities where exposure to asbestos dust may occur from previously installed friable or nonfriable asbestos-containing material will be identified. All precautions, to include proper work practices, medical surveillance, I'espiratory protection, industrial.. hygiene, . and environmental . protection requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR .61.140-156) and DA Circular 40-834, as applicable, shall be strictly followed. 56. Environmental Regulations: 56.1. The CITY reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the CITY. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation Shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the CITY immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. March 2004 City of Miami Beach copyright 0 2004 The Gordian Group Proj~ct Manual 00900 . . $UPPLEMENTARY CONDITION$ PAGE INTENTIONALLY LEFT BLANK Page 112 City of Miami Beach copyright 10 2004 The Gordian Group :.,~ ~ PrOject Manual 00&23 ST A YEMEN'" OFCOI\llPLlANCE (DAVIS BACON ACT) No. Contract No. Project Title The undersigned CONTRACTOR hereby swearS under penalty of pe~ury that, during the period covered by the application for payrnent to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated ,20 Contractor By (Signature) STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this of, 20~, by perSonally known to rne or who has produced identification and who did/did nottake an oath. day who is as WITNESS my hand and official seal, this ,20 day of (NOTARY SEAL) (Signature of person taking acknowledgment) My commisSion expireS: (Serial nurnber, if any) Project Manual . ~ ;:......;.;.... DAVIS BACON WAS!: DECISIONS AND ASSOCIATED INF=ORMATION The prevailing wage rates, GENERAL DECISION: &=L2()030001 FL 1, Superseded General Decision No. FL020001. January 23, 2004 by the Secretary of Labor State of Florida, with respect to the Job Order Contract(s) follow this page. Wage decision changes, such as modifications and superseding decisions, shall be effective, if published before contract award, unless prior to their issuance by the Secretary of Labor, construction has started, the mortgage has been initially endorsed, or bids have been opened. . . Please note that the Contractor will be required to certify that all laborers and mechanics engaged in the construction of the project. including those employed by the subcontractors, have been paid at least the wage rate required by the effective wage decision, including all changes and additions on projects which are identified by the CITY as federally funded. ThEneference wage decisions will be in effect for twelve (12) lTIonths from the date the Contract is executed. Thereafter, if CITY executes an option to extend the Contract for an additional term(s) new wage decisions or modifications thereto will be issued and effective for the next twelve months. The Contractor's adjustment factOrs will be modified according to Article 6 of the JOC Supplemental General Conditions. Page 114 March 2004 ..~............. !:iliW Project Manual GENERAL DECISION: FL20()30()()1 01/23/2004 F'L 1 Date: January 23, 2004 .... ... . . . General Decision Number: FL2D03000101/23/2004 Superseded General Decision Nurnber: FL020001 State: Florida Construction Type: BUILDING County: Miami-Dade County in Florida. BUILDING CONSTRUCTION. PROJECTS (does not include single family homes and apartments up to and including four (4) stories) o 1 06/13/2003 01/23/2004 Frin~es ASBE0060-001 09/01/2002 ASBESTOSWORKERIHEAT AND FROST INSULATOR .$26.13 6.86 ---------------------------------~------------------------------ ELEC0349-001.......06/01/2002 Rates Fringes ELECTRICIAN (h1cluding Fire Alarm Installation ): Electrical contracts including materials that are less than $2,000,000 $20.50 4.30 + 8% Electrical contracts including materials that are over $2,000,000 $22.96 4.30 + 8% ---------------------------------------------------~--~------ ELEV0071-001 .......11/01/2001 Rates Fringes . ELEVAiOR MECHANIC $25.285 7.455+A FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 City of Miami Beach copyright C 2004 The Gordian Group Page 115 PtbjectManual ~ .~ .--"~" years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. --~---------------------------~--------------------------------- ENGI0487-001.......,7/0112002 Rates POWER EQUIPMENT OPERATORS: Boom Truck Operator $22.40 Crane (Including Truck Crane) $22.40 Crane Oiler (Including Truck Crane) $16.15 Piledrivers $22.40 -----------------.------...;.,.------.........-------..----.---- Fringes 4.50 4.50 4.50 4.50 Rates Fringes IR.ONWOR.KER.S: Ornamental R.einforcing Structural $19.75 $19.75 $19.75 4.70 4.70 4.70 Fringes 5.68 Fringes 6.50 Frin!;les 6.27 Fringes 8.97 . March 2004 ---------------------------------------------------------------- PLUM0519-001.......03/16/2003 PLUMBER. Rates $22.27 ..._------------~----------....-----...---------------------------- .PLUMon5-001....,..07/16/2002 . . PIPEFITTER. (Including HVAC) Rates $25.05 ---------------------------------------------------------------- SFFL0821 ~001........01/01/2003 SPRINKLER FITTER Rates $22.40 ---------------------------------------------------------.......----- SHEE0032~001.......08/12/2003 SHEET METAL WORKE:R (Including HVAC duct work) / Rates $24.24 --------------------------------------------------------------- .l:D .- ....;..;.... Project Manual SUFL 1999~001.......03/04/1999 Rates $10.00 $15.36 ACOUSTICAL TILE INSTALLER BRICKLA YERS/BLOCKLA YER CARPENTER (Including Drywall Hanging and Batt Installation) CARPET LAYER CEMENT MASONS/CONCRETE FINISHER . DRYWALL FINISHER GLAZIER LABORERS: Pipelayers $13.81 Plasterer Tenders $10.09 Unskilled (Including Mason Tending) $8.70 PAINTER, BRUSH $9.61 PLASTERER $15,05 POWER EQUIPMENT OPERATORS: Backhoe Bulldozer Concrete Pump Operator Grader Loader Roller ROOFER TILE SETTER. TRUCK DRIVER $12.90 . $14.25 $14.50 $12.50 $13.05 $15.71 $14.58 $14.78 $15.93 $15.04 $12.84 $9.99 $12.50 $10.95 -------~----~------------~--~_._--------------------------- Fringes 0.62 .2.40 3.15 2.42 2.85 2.85 2.85 2.85 2.85 0.87 1.83 WELDERS ~ Receive rate prescribed for craft performing operation to which welding is incidental. --~-------------------------------~------------------~-~~~----- ---------------------------------------------------------------- Unlisted. classifications needed for work not included Within the . scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5(a) . (1 )(ii)). ----------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. City of Miami Beach copyright to 2004 The Gordian Group Project l\IIanual . .:.~ WAGEDETERMINATION APPEALS PROCESS 1.) Has there been an initial decisiOn in the matter? This Can be: * an existing published wage determination * a survey underlying a wage determination *a Wage and Hour Division letter setting forth a . position on a wage determination illatter *a donformanCe (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. ..If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard. to any other illatter hot yet ripe for the. formal. prOc::ess described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinatidns Wage and Hour Division U. S. Department of labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied bya full statement of the interested party's position and by any information (wage payment -! . Project Manual . -=-.'-. GE:NERAL DECISldN: FL20030044FL44 Date: June 13, 2003 General Decision Number. FL20030()44 CCll'lstruction Type: HIGHWAY Superseded General Decision No. FL020044 Couhty(ies ): DADE . . HIGHWAY CONSTRUCTldN PROJECTS(excluding tunnels, building structiohS in rest areas projects, and railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation; bridges invCllving marine construction; Clther major bridges). MCldificl3tion Number o . COUNTY(ies): . DADE SUFL3009A ............08/01/1993 Publication Date 06/13/2003 BRICKLAYE:RlMASON CARPENTERS CONCRETE FINISHER ELECTRICIAN FENCE ERECTOR FORM SETTER GUARDRAIL ERECTOR LABORERS: Asphalt Raker Pipelayers Unskilled . IRONWORKERS: Reinforcing Structural PAINTERS Rates 11.00 11.72 12.22 14.42 12.00 10.52 7.55 Fringes 8.23 9.14 7.55 13,52 14.65 11.62 Page 120 City of Miami Beach copyright C 2004 The Gordian Group . ~ TRAFFIC SIGNALIZATION: Installer Mechanic TRUCK DRIVERS: . Low-Boy Single & Multi-Rear AXle 8.61 11.47 8.63 8.05 --------------------------------------~----------._------------- WELDERS ~ Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classificatibns needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1 )(ii)). --------------~---------,--~-~--------------~------------ In the listing above, the .SUn designation means that rates listed . under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations .indicate unions whose rates have been determined to be prevailing, WAGE DETERMINATION APPEALS PROCESS '1.) Has there been an initial decision in the matter? This can be: * an existing publiShed wage deterl'nination *a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling Ohsurveyrelated matters, initial contact, inCluding requests for summaries of surveys, . should be with the Wage and Hour Regional Office for the area ih which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. ~. --:'<~,' . Project Manual Witl1tegard to any bther matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage DetelTl1inations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the. answer to the. question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1,8 and 29 CFR Part 7). Write to: Wage and HoUr Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should beaccompariied bya full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the deCision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERALDECISION March 2004 Project Manu/II ~ 00925 CERTIFICATE OF $UBSTANTIALCOMPLETION PROJECT: CITY AND OR PROGRAM MANAGER: . BID/CONTRACT NUMBER: CONTRACTOR: PROJECT NUMBER: (name, address) . TO (CITY): . . . NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The WorK performed under this Contract has been reviewed and found to be substantially complete and .all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as (date), which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIALCOMPLETION The Date of Substantial Completion of the Woi'kOrportion thereof designated by CITY is the date certified by CITY and or Program Manager when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof is not to be determinative of the achievement or date of Substantial Completion. . ~ Project Manual List ofiterns to be cornpleted or corrected, prepared by CITY and or Program Manager, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. City and/or Program Manager By Date In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Date CITY and/or Program Manager By CITY, through the Contract Admiriistrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami BeaCh, Florida By Contract Administrator Date The responsibiiitiesof CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: Page 125 . ~ -;:- Project Manual PROJECT: FINALCERTIFICA1"EOF PAYMENT CITY AND OR PROGRAM MANAGER: (name, address) OC)926 BID/CONTRACT NUMBER: CONTRACTOR: PROJECT NUMBER: NOTICE TO PROCEED DATE: TO (CITY): DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, have been received and accepted. The Work required by the Contract Documents has been. reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CITY and/or Program Manager Date : i CITY and/or Program Manager By Date CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). CITY of Miami Beach,Florida By Contract Administrator Date Page 126 City of Miami Beach copyrIght 02004 The Gordian Groop March 2004 . ~ Project Manual 00930 FORlliloF FINAL RECEIPT The following foimwill be used to show receiptoffihal payment for this Job Order. FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full ahd final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that ail persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: Secretary By Title (CORPORATE SEAL) Date: Page 127 March 2004 Project Manual .- .~ :,.'~ [If not incorporated sign below.] CONTRACTOR WITNESSES: Name By Date: Page 128 March 2004 City of Miami Beach copyright 0 2004 The Gordian Group .......~.............................................. ~ Project ManOal 01000 ADDENDA AND MODIFICATIONS All addenda ahd bther modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Contract Documents. City of Miami Beach copyright 13) 2004 The Gordian Group Page 129 / m .- .~ Project Manual . ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 . ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 ARTICLE 30 ARTICLE 31 TABLE OF CONTENTS FOR THE Joe SlJPPLEMENT AL GENERALeoNOITIONS . THE CONTRACT..... ................. .............. ............. ......... ........... ..133 INTERPRETATION OF THE CONTRACT DOCUMENTS.........134 CONTRACT PERFORMANCE PERIOD ....................................135 OPTION TO EXTEND CONTRACT PERFORMANCE ..............135 OPTION TO UNILATERALLY EXTEND CONTRACT................135 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE OPTION PERIODS ONLY) ........................................................136 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION..136 CHARACTER OF THE WORK...................................................137 MEANS AND METHODS OF CONSTRUCTION .......................137 CONTRACTOR'S STAFF...........................................................138 COMPETENCE OF WORKMEN ................................................138 ORDERING WORK .............................. ......... ........... ........ ..........139 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR WITH THE WORK......................................................................144 MEASUREMENTS TO BE VERIFIED........................................144 FINAL INSPECTION, ACCEPTANCE AND JOB ORDER COMPLETION....... ...... ..... ....... ... ........ ... ........ ..... ............. ...... ... ...144 CITY FURNISHED EQUIPMENT/MATERIALS..........................146 SALVAGE AND SALVAGE DISPOSAL .....................................146 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY....146 LIQUIDATED DAMAGES...........................................................146 REQUESTS FOR INFORMATION OR APPROVAL ..................147 CONTRACT ADMINISTRATOR................................................. 147 THE PROJECT COORDINATOR/PROGRAM MANAGER........148 THE INSPECTOR ......................................................................149 SITE PREPARATION AND CLEANUP ......................................149 ON-SITE STORAGE ..................................................................149 DISRUPTION OF COMMUNITY ACTIVITIES............................150 TRUCKING... ...... .......... ......... ........ ........... ............ ... .... ...............150 EXISTING ELEVATORS .................,..........................................150 CONSTRUCTION ELEVATORS, ETC. ......................................150 ACCESS TO BUILDINGS AND SECURITY...............................151 EQUIPMENT AND FURNITURE ................................................151 January 2004 City of Miami Beach copyright 0 2004 "" GO<d1an <Soup Page i Project Manual ...~..................<................. LM ::--- . ARtiCLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 . ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 ARTICLE 42 ARTICLE 43 ARTICLE 44 ARTICLE 45 ARTICLE 46 ARTICLE 47 ARTICLE 48 ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 52 ARTICLE 53 APPLICABLE REGULATIONS ..................................................151 ENVIRONMENTAL PROTECTION ....................................,......153 PROTECTION OF WORK AND PROPERTY............................ 153 FLOOR LOADING ..........;..........................................................155 PROJECT SITE MAINTENANCE ..............................................155 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY ....... no........... .......... .................. ....... ...... ..... ................... ....... ...... 155 EXPLOSIVES AND BLASTING................................................. 156 CUTTING AND PATCHING....................................................... 157 BARRIERS ..... .................... ..................... .................................. 157 POLLUTION CONTROL............................................................ 157 TEMPORARY SERVICES AND UTILITIES............................... 158 HOURS OF WORK AND ACCESS ........................................... 161 ALL LEGAL PROVISIONS DEEMED INCLUDED..................... 161 ARCHITECTURAL AND ENGINEERING SERVICES............... 161 WORK INVOLVING HAZARDOUS MATERIALS ......................162 PRE-CONSTRUCTION CONFERENCE ...................................162 JOB MEETINGS ........................................................................ 162 ENERGY CONSERVATION ...................................................... 163 INTERGOVERNMENTAL PURCHASING AGREEMENT .........163 COMPUTER REQUIREMENTS ................................................163 CITY FURNISHED SOFTWARE ...............................................164 COMMUNICATIONS ................................................................. 164 Page ii City of Miami Beach oopyrigt1t C 2004 The Gordian Group January 2004 . -. '.-'. .. Project Manual 02000 ,Joe SUPPLlr:Mt:N1"AL CONDITIONS ARTICLE 1 THE CONTRACT 1 .1. The Contract Documents for the. Contract. The Contract represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, either written or oral including the bidding documents. 1.2. The Contract Documents shall include: VOLUME I: Project Manual VOLUME lIa: Construction Task Catalog VOLUME lib: Construction Task Catalog VOLUME ilia: Technical Specifications VOLUME IIIb: Technical Specifications VOLUME IIIc: Technical Specifications 1.3. Overview of the Contract 1.3.1. Job Order Contact (JOC) is a competitively bid, firm-fixed-price indefinite quantity contract. It includes a collection of detailed repair and construction tasks and specifications that have established unit prices. It is placed with a Contractor for the accomplishment of repair, alteration, modernization, rehabilitation,construction, etc., of buildings, structures, or other real property. Ordering is accomplished by means of issuance of a Job Order against the Contract. 1.3.2. Under the JOC cOhcept, the Contractor furnishes management, labor, materials, equipment and architectural and engineering services required to support individual Job Orders. 1.3.3. The JOC contract includes a Construction Task Catalog (CTC), The CTC was developed by the CITY and is based on the use of experienced labor and high quality materials. The CTC also incorporates local activity, climate and geographic features. 1.3.4.. Bidders will offer (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal working hours with and without Architectural and City of Miami Beach copyright 0 2004 The Gordian Group March 2004 . Project ManuSlI :':-=---; EngiMering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. 1.3.5. As Job Order Contract requirements are identified by the CITY, the Contractor will be issued a Request for Proposal and will be required to develop a detailed price proposal. The Contractor will submit their price proposal to the CITY. If the Contractor's proposal is found acceptable, a Job Order may be issued at the agreed upon units, which when multiplied by the unit price and Contract adjustment factor, will establish the firm fixed Lump Sum price for the Job Order. 1.3.6. The JOC concept also includes a provision for the establishment of prices for work requirements that are within the general scope of work but were not included in the CTC at the time of Contract award. These tasks are referred to as "Non Pre-priced Items.. Non Pre- priced (NPP) items may require the establishment of specifications and drawings and may subsequently be incorporated into the CTC. ARTICLI: 2 INTERPRETATION OF THE CONTRACT DOCUMENTS 2.1. upon its own initiative or the Contractor's written request, the CITY may issue written interpretation of Drawings (if any) and Specifications necessary for the proper execution or progress of the Work which interpretations shall be consistent with and reasonably inferable from the Contract Documents. 2.2. The imperative language of the Contract Documents is directed at the Contractor unless otherwise stated. 2.3. The organit.ation of the Contract Documents into Construction Specifications Institute rCSI") divisions, sections, and articles, and the arrangement of Drawings if any, shall not restrict the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 2.4. The JOC Project Manual including the JOC SupplemehtalConditions shall apply to all contracts or subcontracts for the work covered by these specifications. 2.5. The work under this contract shall includeeverythihg described, indicated or shown in the Contract Documents as defined in Article 1. . 2.6. In ahyaction or proceeding to enforce rights under this Agreement, and any appeals arising there from, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, costs and expenses, Page 134 City of Miami Beach copyright 0 2004 The Gordian Group .. ..,~ Project Manual ARTICLE 3 CONTRACTPERFOR.MANCE PE:R.IOD 3.1. The Contract performance period is twelve (12) months from the date of . award of the Contract or the achievement of the Maximum Contract Term Value of $2,000,000 for 12-03/04 and 13-03/04 and $5,000,000 for 14-03/04. The CITY shall have the option to extend the term of each Contract for four additional Contract Terms of twelve (12) months each. The total Contract Performance period shall not exceed twelve (12) months each, The total Contract Performance period shall not extend beyond sixty (60) months. Job Orders placed prior to, but not completed by the expiration of this Contract, will be completed with all provisions of this Contract still in force. 3,2. AJob Order Completion Time for each Job Order issued under this Contract will be determined in accordance with Article 12-0rdering Procedures. 3.3, CITY is entitled to and expects full contract performancefrorn the Contract aWard date. Contractor should commence any mobilization activities as soon as practical after contract award, but before work on individual Job Orders begins. ARTICLE 4 OPTION TO ExtE:ND CONTRACT PERFOR.MANCE: 4.1. CITY may notexterld any individual JOC contract term beyond one (1) year. Therefore, if during the one (1) year contract term, the Contractor fails to reach the Maximum Contract Term Value, the Contract will still terminate, unless an option term is exercised. If there is unused contract value left on an individual Contract term when it expires after one (1) year, CITY shall carry any unused value over to any additional Contract terms. ARTICLE 5 OPTION TO UNILATERALLY EXTE:ND CONTRACT 5.1. The Contract Contains an Option to Extend Provision, for four (4) additional one (1) year contract terms. The CITY has the unilateral option to extend. Procedure for exercising option: 5.1.1. Three (3) months prior to the Contract expiration date, the Contract Administrator, if he desires, shall issue the Contract or a preliminary written notice of its intent to extend for an additional Contract term before the Contract expires. 5.1.2 The extension shall be accomplished prior to current expiration date. Actual extension to contract shall be accomplished by written notification. 5.1.3 The total duration of this Gontract, including the exercising of the option terms, shall not exceed five (5) years. March 2004 City of Miami Beach copyright 0 2004 The Gordian Group (...:..~.........................................:.......... ~ "--=- FlroJeclllllanual ARtJCLE6 ECONOMICPRICEADJUS1MENT - (APPLICABLE TO THE OPTION PERIODS ONLY) 6.1. This Article provides a means to adjust the Contractor's Adjustment Factors on an annual basis from the date of the Contract award using actual escalation/de-escalation as measured by the Construction Cost Index (CCI) published in the ENR (formally known as Engineering News Record) calculated for the U.S. Twenty (20) City Index. 6.2. The "original Adjustment Factors" are those Adjustment Factors submitted with the Contractor's Bid that remain in effect for a one year period beginning with the date of Contract award. Providing the Contract is still in effect, the Contractor's Adjustment Factors shall be recalculated at each annual anniversary date of the Contract award (Le. in beginning of month 13, 25, 37 and 49 of the Contract). 6.3. CCI indices are published monthly. The "base year" for the purposes of this provision is the 12-month period prior to the Contract award. The "base year index" is determined by summing the monthly CCI indices beginning with the month prior to the Award date for each of the 12 months of the "base year" and dividing by 12. The result is the average CCI for the "base year." 6.4, The "contract year" is the 12 month period follOwing the initial Contract award. The "contract year index" is determined by summing the monthly CCI indices for the initial 12-month contract period and dividing by 12. The result is the average CCI for the "contract year." 6.5. The Economic Price Adjustment for months 13-24 of the Contract is determined by dividing the "contract year index" by the "base year index." The Contractor's Adjustment Factors for months 13-24 of the Contract are determined by multiplying the Economic Price Adjustment by the "original Adjustment Factors". The Economic Price Adjustment for months 25-36, 37- 48, and 49-60 will be calculated in an identical manner, sliding the "year index" and the "contract year index" 12 months forward. 6.6. All the above computations shall be carried to five (5) decimal places and then rounded to four (4) decimal places. Rounding of numbers shall be accomplished by increasing the fourth decimal place if the fifth decimal is equal to five or greater. If the fifth decimal place is equal to four or less, the fourth decimal shall remain unchanged. ARTICLE 7 SPE:CIFICATIONS AND DRAWINGS FOR CONSTRUCTION 7.1. The CITY is not required to furnish drawings or additional specifications for Job Orders issued under this contract. The CITY may, however, choose to City of MIami Beach copyrlght <<> 2004 The Gordian Group . -z- Project Manual do so. If CITY provides such drawings and additional specifications the provision listed below shall apply. 7.2. In case of conflict between requirements, the requirement which meets all the codes and, which in the opinion of the CITY is more advantageous to the CITY, shall govern. ARTICLE 8 CHARACTER OF THE WORK 8.1. The. Work to be performed by the Contractor in connection with each Job Order will be described in the Detailed Scope of Work issued with each Request for Proposal. 8.2. Unless otherwise expressly proVided in a Job Order, the Work must be. performed in accordance with the best, modern practice, with materials and Workmanship of the highest quality, to the satisfaction of the CITY. 8.3. In addition to the standards that are prescribed herein, all Work shall conform to fire and safety regulations prescribed in the CITY of Miami Beach Building Code, and all codes and standards referenced therein, inclusive of the Florida Building Code, and any drawings or specifications provided. 8.4. Any material or operation required under this contract Shall comply, as they pertain, with the specifications and instructions of a manufacturer, the established standards of The American Society for Testing Materials (ASTM). The American Institute of Steel Construction (AISC), The American Standards Association (ASA), The American Welding Society (AWS), or other industry recognized standards. In the case of conflict between recognized standard Specifications and those specifications contained in the Contract Documents, the most stringent shall govern. In case standards for materials and operations are not listed, the CITY reserves the right to cite those accepted by the profession involved and require that such standards be adhered to in the performance of the Work. ARTICLE 9 MEANS AND METHODS OF CONSTRUCTION 9.1. The Means and Methods of Construction shall be such as the Contractor may choose; subject, however, to the City's right to reject means and methods proposed by the Contractor that: 9.1.1. Will constitute or create a hazard to the Work, or to persons or property; or 9.1.2. Will not prOduce finished Work in accordance with the terms of the Contract; or City of Miami Beach oopyright C 2004 "The Gordian Group Page 137 m .:~ - Project Marlual 9.1.3. Unnecessarily increase the price of the Job Ordenvhen alternative means and methods are available. 9.2. The City's approval of the Contractor's Means and Methods of Construction, or its failure to exercise its right to reject such means or methods, shall not relieve the Contractor of its obligation to accomplish the result intended by a Job Order; nor shall the exercise of such right to reject create a cause of action for damages, ARTICLE 10 CONtRACTOR'S StAFF 10.1. General: The Contractor shall, immediately upon receiving a fully executed copy of this Contract, assign and maintain during the term of this Contract and any extension of it, an adequate staff of competent personnel who are fully equipped, licensed as appropriate, qualified and assigned exclusively to perform the Work The Contractor shall provide the CITY with the qualifications of the individuals who will serve in those positions listed below. The minimum experience of each individual below shall be at least five (5) years. 10.2. At a minimum, the Contractor shall have at all times a ~roject Manager, Estimator and Superintendent assigned to this Contract. Additional staff shall be assigned depending on the volume of Work. The Contractor shall be responsible for managing, supervising and directing its Subcontractors. 10,3. Should the CITY deem the performance of any employees of the Contractor unsatisfactory, the Contractor shall terminate the involvement of such employees in all areas of Contract performance. ARtiCLE 11 COMPETENCE OF WORKMEN 11.1. Every worker on My part of this Contract shall be competent to perform the task to which he/she is assigned. For both direct and subcontract work performance, the Contractor shall be responsible for and shall insure that no critical facility or utility equipment (plant type equipment) construction or repair work is performed by personnel with an experience level less than journeyperson. However, personnel with lesser experience may serve as a helper. In all instances, for any work performed under contract, personnel who have an experience level below joumeyperson shall be under the immediate supervision of a person with experience level at or above journeyperson as appropriate to the occasion. The Contractor shall assure that a journeyperson, foreperson, master, etc., as appropriate, performs or supervises all required work or services. Page 138 March 2004 City of Miami Beach copyright <<> 2004 The Gordian Group . Project Manual 11.2. The Contractor shall assure that a joumeyperson, fore person , master,etc., as appropriate, who is capable of directing the Work, performs or supervises all required Work or services. 11.3. Conditions which reqUire the constant presence of a CITY Inspector to assure the quality of the work will not be tolerated. Any worker who does not produce quality workmanship through lack of cooperation or incompetence shall be promptly removed from the job upon written order by the CITY. The judge of quality of workmanship shall be solely determined by the CITY. 11.4. Oh any Federally Funded projects the Davis-Bacon Act standard rules apply to this contract. ARTICLE 12 ()~bE~ING WORK 12.1. Initiation of a Job Order 12.1.1. As the need exists for performance by the Contractor under the terms of this Contract, the CITY will notify the Contractor of a Joint Scope Meeting. 12.2. Upon this notice, the Contractor shall respond to the needs of CITY within two (2) working days by: 12.2.1. Establishing verbal contact with CITY to further define the scope of the requirement, and 12.2.2. Visiting the proposed work site in the company of a CITY representative, and participating in a Joint Scope meeting which will include discussion and establishment of the following: project number and title the detailed scope of the Work existing site conditions methods and alternatives for accomplishing the Work access to the Site and protocol for admission hours of operation staging area reqUirements for catalog cuts, technical data, Samples and Shop Drawings requirements for engineering and architectural services including sketches, DraWings, Specifications, and as-builts March 2004 City of Miami Beach copyright 0 2004 The Gordian Group Page 139 . ~ ~ Preliminary quantity estimates the applicable Wage Decision for FederallyFunded projects cOnstruction duration liquidated damages specific quality requirements for equipment and material the presence of hazardous materials date on which Job Order Price Proposal isdue 12.3. After the Joint Scoping. process, the Contractor and the CITY will agree on a Detailed Scope of Work, together with a tentative schedule, any sketches, Drawings and Specifications required to adequately document the Work to be accomplished, The Detailed Scope of Work, unless modified by both the Contractor and the CITY, will be the basis on which the Contractor will develop its Job Order Price Proposal and the CITY will evaluate the Job Order Price Proposal. 12.4. Upon completion of the jOint scope meeting and the Detailed Scope of Work the CITY will issue a Request For Proposal (RFP) which requires the Contractor prepare a price proposal for the work under consideration by the date indicated on the RFP. 12.5. The Contractor will prepare the Job Order Price Proposal in accordance with the following: 12.5.1. Pre-priced work requirements. Pre-priced work requirements will identify the type and number of work units required from the Volume II Construction Task Catalog. The price per unit set forth in the Construction Task Catalog shall serve as the base price for the purpose of the operation of this provision. The Contractors Job Order Price Proposal shall include support documentation to indicate that adequate engineering and planning for the requirement has been done, and that the work units proposed are reasonable for the tasks to be performed. Documentation to be submitted with the Job Order Price Proposal shall include, but not be limited to, drawings, calculations, catalog cuts, specifications, and architectural renderings. 12.5.2. Non Pre-priced Work Requirements: Units of work not included in the Construction Task Catalog but within the general scope and intent of this Contract may be incorporated into this Contract as needs arise. Such work requirements shall be incorporated into and made a part of this Contract for the Job Order to which they pertain, and may be incorporated into the Construction Task Catalog if determined . Project Manual appropriate by CITY at the base price determined in this provision. Non Pre-priced work requirements shall be separately identified and submitted in the Job Order Price Proposal. Information submitted in support of non pre-priced work shall include, but not be limited to, the following: 12.5.2.1. Complete specifications and technical data, including work unit content, support drawings, work task cost data, quality control and inspection requirements. 12.5.2.2. Work schedule. , . 12.5.2.3. Costing data, submitted in support of Non Pre-priced Tasks shall include a cost analysis report, establishing the basis for selecting the approach proposed for accomplishment of the requirements. Unless otherwise directed by the CITY, costing data will be submitted demonstrating that the Contractor sought and received three quotes, The Contractor shall prOvide an installed unit price (or demolition price if appropriate) which shall include all costs required to accomplish the Non Pre-priced Task. 12.5.2.4. The final price submitted for Non Pre-priced Tasks shall be according to the following formula: A = Direct Labor Cost (up through the foreman level and including fringe benefits) B = Direct Material Costs (supported by quoteS) C = Direct Equipment Costs (supported by equipment amortization data) D::: Subcontractor Costs (supported by quotes) E == Allowable Over Head Costs = A x 55% . F = Allowable Profit = (A +8 + C) x 10% G = Subcontractor Allowance == D x1 0% Total Cost of Non Pre-Priced Task = A + B + C +D + E + F + G *A, B. C, Fand F only apply to work self-performed by the Contractor. *D and G only apply to work self-performed by Su bcontractor's. City of Miami Beach copyright 0 2004 The GOfdlan Group .,...,., EIiI :--:~- - Project Manual 12.5.2.5. Following apprOval by the CITY of a Non Pre-priced Task and unit price, the Non Pre-priced Task unit price will be loaded into the computer data base. 12.5.2.6. The total extended price for the Non Pre-priced Task will be determined by multiplying the unit price by the quantity required. The price offered in the Job Order Price Proposal will be determined by multiplying the total . extended price by an adjustment factor of 1.0000. 12.5.2.7. After using a non pre-priced item on three separate Job Orders, the CITY reserves the right to include the unit price for the work item as a pre-priced item into the CTC which would become a permanent item and no longer require price justification. 12.5.3. The Coritractor's Job Order Price Proposal shall include, at a minimum: 12.5.3.1. Cost Proposal: 12.5.3.2. Architectural or Engineering Drawings or sketches as required. 12.5.3.4. Catalog cuts, technical data Or samples required 12.5.3.5. List of anticipated Subcontractors and Materialmen 12.5.3.6. Construction schedule; 12.5.3.7. Certificates foranyspecial inSurance required; 12.5.3.8. Sample warranties or guarantees for materials, equipment or systems proposed; 12.5.3.9 Schedule of Values if required. 12.5.4, The Contractor's Job Order Price proposal shall be submitted in accordance with the date indicated on the RFP. Unless otherwise stated on the RFP, the Price Proposal will be due no longer than five (5) working days after the issuance of the RFP. The CITY may allow additional time for preparation of the Contractor's Job Order Price Proposal for complex Job Orders requiring engineering/architectural drawings and approvals and permits, Allowance will be made to provide adequate time for preparation and submittal of the necessary documents and the Job Order Price Proposal and so reflected in the Job Order Price Proposal due date entered on the RFP. In emergency work situations and mirior maintenance and repair Job Orders requiring immediate completion, the Contractor's Job Order ,..... ~ ~ Project Manual Price Proposal rnaybe required quickly and the due date will be so indicated on the RFP: Review of the Job Order Price Proposal and Issuance of Job Order 12,6.1. The CITY shall evaluate the entire Job Order Price Proposal and proposed tasks and compare these with the CITY'S cost estimate of the Detailed Scope of Work to determine the reasonableness of approach, including the nature and quantity of tasks proposed. 12.6.2. CITY reserves the right to reject a Contractor Job Order Price Proposal based on unjustifiable quantities, performance periods, inadequate documentation, or other inconsistencies on the Contractor's part, or for any other reason. CITY also reserves the right to not award an order if City's requirement is no longer valid or the proposed cost exceeds CITY estimate. In these instances, the Contractor has no right of claim to recoup Job Order Price Proposal expenses. The CITY may pursue the performance of such Work by other means. 12.6.3 By submitting a signed Job Order Price Proposal to the CITY, the Contractor agrees to accomplish the Work set forth in the Detailed Scope of Work in accordance with the Request for Proposal at the . price submitted. It is the Contractor's responsibility to include the necessary tasks and quantities in the Job Order Price Proposal prior to delivering it to the CITY. 12.6.4 Each Job Order provided to the Contractor shall reference the Detailed Scope of Work and set forth the fixed price to be paid and the Job Order Completion Time. .. All clauses of this Contract shall be applicable to each Job Order. The Job Order shall be signed by the CITY and delivered to the Contractor for signature. The Contractor shall sign a copy of evidencing acceptance of the Job Order. 12.6.5. In the eVent that immediate emergency response is necessary the Contractor shall be required to follow alternative procedures as established by the CITY. This altemate procedure may be more burdensome to the CONTRACTOR than the procedures described in this section. The Contractor shall begin Work as directed not withstanding the absence of a fully developed Request for Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be compensated in accordance with the CTC and NOll Pre-priced Tasks as if the Work had been ordered under the standard procedures. 12.6.6. If the City finds inconsistencies with the Contractor's Price Proposal the CITY may request the Contractor to re-submit its Price Proposal or cancel the Job Order. If the Contractor consistently submits Price 12.6. Page 143 ~ ~ .:::~.. proJect Manual Proposals which are rejected by the CITY, the CITY may declare the Contractor in default and initiate termil'lation of the Contract, according to Article 15 of the General Conditions. 12.6.7. After the CITY has reviewed the Contractor's Price Proposal and an agreement has been reached as to the nature of the revisions, if any, the Contractor is not allowed to make any changes to the revised Price Proposal other than the changes agreed to. ARTICLE 13... CONTRACTORS RESPONSIBILITY TO BECoME FAMILIAR WITH THE WORK 13.1. The Contractor is required to inspect the site of the work Of each Job Order and to examine and become familiar with the Detailed Scope of Work, plans, specifications and all other contract documents pertaining to the proposed work. The submission of a Job Order Price Proposal shall be sufficient to .establish the presumption that the Contractor has investigated the site of the work and is satisfied as to all reasonable conditions to be encountered, quantity and quality of the work to be performed and materials furnished in the completion thereof. 13.2. Unless otherwise directed, CITY will furnish subsurface information through the use of borings. If, in thacourse of the work, subsurface conditions vary materially from the record indicated by the borings, the Contractor shall give immediate notification, in writing, of such variation to the CITY and the Contract price shall be adjusted by unit prices establiShed in the bid or agreement, as appropriate. 13.3. Contractor is required to examine and be familiar with existing contracts and work being constructed. ARTICLE 14 MEASUREMENTS TO BE VERIFIED 14.1. Before ordering any material or doing any work, the Contractor shall verify all measurements at the site of a specific Job Order, and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on account of difference between actual dimensions and the measurements indicated in the RFP. Any difference, which may be found, shall be submitted to CITY for consideration before proceeding with the work. . ARTICLE 15 FINAL INSPECTION, ACCEPTANcE AND JOB ORDER COMPLETION . 15.1. Contractor's Punch List Page 144 .......~......................................-.................. ~ ~ ~ Project Manual 15.1.1. When the Work is near completion, the Contractor, CITY and or Program Manager shall inspect the Work and the Contractor shall prepare a list of all items remaining on the Work prior to final completion. Said list shall be known as the Contractor's Punch List. 15,1.2. The Contractor shall proceed to complete or c:orrectall items listed on the Contractor's Punch List and verify that the items have been completed or corrected by signing said Punch List. 15.1.3. The Contractor shall submit the signed Contractor's Punch Iistto the CITY and or Program Manager with a retjuest for a Final Inspection of the Work. 15.2 The CITY's Punch List 15.2.1. Upon receipt of the Contractor's request, the CITY and or program Manager shall conduct a Final Inspection to determine whether the Work complies with the Contract Documents. 15.2.2. At the conclusion of the Final Inspection, the CITY and or Program Manager shall notify the Contractor of any items remaining which is in a deficient or unacceptable condition. Said list shall be known as the City's Punch List. 15.3. Correction of the CITY'S punch List 15.3.1. Within 3 days of receipt of the City's Punch list, the Contractor shall commence correcting all items on the City's Punch List. 15.3.2. If the Contractor does not complete the items on the Owner's Punch List within 10 days of receipt of the Owner's Punch List, the provision . in Article 15 of the General Conditions may be invoked. 15.3.3. If the Work on the City's Punch List cannot be completed within the stated time, the Contractor shall justify to the approval of the CITY and or Program Manager why items cannot be completed and a mutual time will be agreed upon when such items will be completed. If liquidated damages have been applied to the Job Order, this time in no way effects the original contract schedule. 15.3.4. Failure of the CITY and or Program Manager to include any item on the City's Punch List shall not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. 15.4. Items discovered after the onginalPunch List which are part of the Job Order shall be completed under warranty and within 10 days of notification to the Contractor. March 2004 City of Miami Beach copyright 0 2004 The Gordian Group Page 145 m ..- ~ prOject Manual ARTICLE 16 CITY FURNISHED EQUIPMEN'rlMAtERIALS 16.1. From time to time CITY may elect to supply its own materials and/or equipment for a specific project. In those cases the Contractor shall provide transportation of any CITY furnished equipment/materials included on the Job Order. The Contractor shall be paid for transportation of said materials by means of the appropriate line items from the CTC included in its Job Order Price Proposal. The equipment/materials will be transported from CITY storage area to the work site indicated on the Job Order. The Contractor assumes the risk and responsibility for the loss or damage to City-furnished property. The Contractor shall follow the instructions of City's representative regarding the disposition of all City-furnished property not consumed in performance of a Job Order, ARTICLE 17 SALVAGE AND SALVAGE I)ISPOSAL 17.1. The material and equipment which are removed or disconnected and, in the opinion of CITY, are of value, but are not specified for reuse, shall remain the property of CITY. CITY representative shall be informed of the presence of the property and disposition instructions shall be requested. 17.2. Debris, rubbish, hazardous waste, and non-usable material resulting from the work under this Contract to which CITY does not claim a further interest as a result of the preceding paragraph, shall be disposed of by and at the expense of the Contractor at a location off CITY property. Hazardous wastes must be disposed of in accordance with the Resource Conservation and Recovery Act and state and local regulations. The contract adjustment factor includes the cost of all clean-up, including final cleanup on each individual Job Order. ARtiCLE 18 WORK BY OTHERS HIREI) OR EMPLOYED BY THE CITY 18.1. CITY reserves the right to undertake performance by other Contractors or CITY forces for the same type or similar work as provided for hereunder, as CITY deems necessary or desirable, and to do so will not breach or otherwise violate this Contract. The specific Detailed Scope of Work contracted for hereunder shall be defined by the individual Job Order issued. ARtiCLE 19 L1QUIDATEI) DAMAGES 19.1 Timely completion of Job. Orders issued under this Contract is of the essence. Should the Contractor fail to complete the work specified in the Job Order, also see Article 2.3 in the General Conditions concerning Liquidated Damages. Page 146 March 2004 . ~ Project Manual 19.2. Nothing in this article shall be construed as limiting the right of CITY to proceed under Article 15 entitled "City's Right to Terminate Contract" in the General Conditions. 19.3. Nothing herein contained shall becbnstrued as limiting the right of the CITY to recover from the Contractor any and all amounts due or to become due, and any and all costs and expenses sustained by the CITY for improper performance hereunder, repudiation of the Contract by the Contractor, failure to perform or breaches in any other respect, including but not limited to defective workmanship or materials. 19.4. Liquidated daniages received herein are not intended to be nor shall they be treated as either a partial or full waiver or discharge of the City's right to indemnification (as described in a separate article herein) or the Contractor's obligation to indemnify the CITY, or to any other remedy provided for by Contract or by Law. 19.5. The CITY will deduct and retain out of the monies which may become due herein, the amount of any such liquidated damages; and in case the amount which may become due herein shall be less than the amount of liquidated damages suffered by the CITY, the Contractor or the Surety shall be liable to pay the difference upon demand by the CITY. ARTICLE 2() REQUESTS FOR INFORMATION OR APPROVAL 20.1. From time to time as the Work progresses and in the sequence indicated by the approved Progress Schedule, the Contractor must submit to the CITY a specific request in writing for each item of information or approval required by him. These requests must state the latest date upon which the information or approval is actually required by the Contractor, and must be submitted sufficiently in advance thereof to allow the CITY a reasonable time to act upon such submissions or any necessary re-submissions thereof. ARTICLE 21 CONTRACT ADMINISTRATOR 21.1. The City will assign a Contract Administrator and to oversee the execution of the Job Order Contract. The Contract Administrator will manage and administer the JOC Program on behalf of the CITY and oversee the work of the Project Coordinators/Program Managers. 21.2. The contractor shall submit all disputes and rnatters Which touch or relate to the contract, including a claim for breach of contract, to the Contract Administrator, and his/her/her decision shall be final and binding on the contractor and shall also be a condition precedent to the right of the March 2004 City of Miami Beach copyright 02004 The Gordian Group Page 147 Project Manual . ~ Contractor to receive arlY monies under the contract (except as otherwise enumerated in the CITY General Conditions). ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER 22.1. The CITY'S project CoordinatorlProgram Manager, in addition to those matters elsewhere herein delegated to the Project Coordinator/Program Manager and expressly made subject to his/her/her determination, direction or approval, shall have the CITY: 22.1.1. To determine the amount or quantity, quality, arid acceptability of the work and materials and location of the Work to be paid for hereunder; 22.1.2. To determine all questions in relation to the Work and performance thereof, to interpret the Detailed Scope of Work, Contract Drawings, Specifications, and Addenda, and to resolve all patent inconsistencies or ambiguities therein; 22.2.3. To determine how the Work of this Contract Shall be coordinated with Work of Other Contractors engaged simultaneously on this Project, including the power to suspend any part of the Work, but not the whole thereof; 22.1.4. To make changes in the Work as the Project Coordinator/Program Manager deems necessary, including the necessity for issuing additional Job Orders, however subject to review and approval by the Contract Administrator. 22.1.5. Toarnplify the Contract Drawings, add explanatory information and furnish additional Specifications and Drawings, consistent with the intent of the Detailed Scope of Work, 22.1.6. To suspend the whole or any part of the Work whenever in its judgment such suspension is required (a) in the interest of the CITY generally, or (b) to coordinate the Work of the various Contractors engaged on a specific Project, or (c) to expedite the completion of a Project even though the completion of a particular Job Order may be thereby delayed. 22.2. The foregoing enumeration shall not imply any limitation upon the powerof the Project Coordinator/Program Manager, for it is the intent of this Contract that all of the Work shall generally be subject to its determination, direction or approval, except where the determination, direction or approval of someone other than the Project Coordinator/Program Manager is expressly called for herein. Page 148 .. project Manual ARTICLE 23 THE INSPECTOR 23.1. The CITY may appoint such person or persons as it may deem necessary to inspect, at any time or times, the work done under this contract. The Inspector designated by the CITY shall be the representative of the Project Coordinator/Program Manager at the Site, and subject to review by the Project Coordinator/Program Manager, shall have the power, in the first instance, to inspect, supervise and control the performance of the Work. 23.2. The Inspector, shall not hoWever, have the power to issue a Job Order for Extra Work, and the performance of such Work by the Contractor by direction of the Inspector without thereafter obtaining a Job Order duly signed and issued in accordance with the established procedures therefore, shall constitute a waiver of any right to extra compensation therefore. The Contractor is warned that the Inspector has no power to change the terms and provisions of this Contract in any respect. ARtiCLE 24 SITE PREPARATION AND CLEANUP The Contractor shall: 24.1. CoordiMte with CITY on a sequence of proCedures for gaining access to the premises, space for storage of materials and equipment, work of materials, use of approaches, corridors stairways, and similar features of a structure. This coordination is required prior to commencement of work at a time directed by CITY. 24.2. Move the furniture and portable office equipment in the immediate work area to a designated location prior to start of work, and replace these items to their original location upon completion of the work. The Contractor will be liable for damages incurred while moving furniture and ectuipment, and be responsible for contacting appropriate agencies for movement of vending machines. 24.3. Perform clean up and site restoration prior to final walk-through inspection. All projects shall be delivered in a clean, orderly and usable condition. ARTICLE 25 ON-SITE STORAGE 25.1. If, during the course of the contract, the Contractor-finds it necessary to place temporary storage trailers containing materials and/or equipment on CITY property, an onsite area will be designated by the CITY. However, the CITY assumes no responsibility for such stored material, equipment, buildings, or trailers. City of Miami Beach copyright 0 2004 The Gordian G"oup Page 149 . Project Manual ~,. ARtiCLE 26. DISRUl=>>TloN bFCOMMONIl'Y ACTIVitiES 26.1. The Gontractor shall not cause any disruption to on-going commUnity activities at the work site. Planned activities will be coordinated with CITY and construction will be accomplished in accordance with the schedule set forth in Job Orders issued hereunder. Schedule revisions shall be made known to CITY on a timely basis. Work operations shall not create a nuisance to adjacent tenants or the surrounding neighborhood. ARTICLE 27 tRUCKING 27.1. The Contractor shall reqUire that all trucks entering or leaving the project site with loose materials be loaded and covered in a manner that will prevent dropping of materials on streets while in transit. Suitable tarpaulins shall be placed over the loads for materials subject to blowing. A~TICLE 28 EXiStiNG ELevATORS 28.1. Any temporary use of existing elevators shall be by arrangement with CITY staff. Such use will be of an intermittent nature. The Contractor shall provide and maintain suitable and adequate protection covering for the elevator machinery, the hatchway entrance, and the interior of elevator during the periods of temporary use. Elevators shall not be loaded in excess of the rated capacity of the elevator. 28.2. CITY will bear the cost. of electrical current for such tempOrary eXisting elevator usage. On eompletionof the work, the Contractor shall remove the protective coverings together with any resultant dirt and debris. ARTICLE 29 . CbNStRUCTlbN ELEVATORS, ETC. 29.1. The Contractor Shall construct elevators, craneS and other rigging, lifts, etc,. as required for the work. 29.2. All such construction shall be carried out as required by the local prevailing Building Codes within the City of Miami Beach and subject to the approval of the City. 29.3, The Contractor shall maintain stairways throughout the whole height of the structures in condition for safe usage by mechanics and others. .;....ZfIS........................... .................... t:.Lu - --::::zr- project Manual AFtTICLE 30 ACCeSS TO BUILDINGS AND SECURITY 30.1. It shall be the Contractor's responsibility, through CITY and appropriate CITY staff, to obtain access to buildings and facilities and arrange for the buildings to be opened and closed. It shall be the Contractor's responsibility to arrange for adequate security of the work site(s) at the end of each work day and on weekends. 30.2. It is the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor's employees to permit the entrance of personal other than the Contractor's employees engaged in-the performance of assigned work in those areas. ARTICLE 31 EQUIPMeNT AND FURNITURE 31.1. Furniture and portable equipment in the immediate area of work will be moved by the Contractor and replaced to original position upon completion of work. If the work required by the Job Order will not allow furniture and portable office equipment to be replaced to its original positions, CITY will be notified and new locations will be designated by CITY for replacement of the furniture and equipment by the Contractor. 31.2. Work of materials and equipment and accomplishment of work shall be made with a minimum of interference to CITY operations and personnel. 31.3. The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas. Work shall be completed in the section before work in other sections or divisions are started. ARTICLE 32 APPLICABLE REGULATIONS 32.1 The site of the Contract work is on CITY property and all rules and regulations issued covering fire, safety, sanitation, severe weather conditions, conduct of operations, etc., shall be observed by the Contractor, Contractor's employees, and subcontractors. The regulations include: 32.1.1. Fire Prevention: 32.1.1.1. Contractor's and . subcontractor's employees shall be. cognizant of, and shall comply with, all requirements for handling and storing combustible supplies and materials, daily disposal of combustible waste, trash, etc., in accordance with National Fire Code and National Association of Fire Underwriters. The Contractor will require employees to become familiar with methods of City of Miami Beach copyright C 2004 lhe Gordian Group .. .-.-...- Project Manual activating CITY fire alarms and any City of Miami Beach requirements regardil1g same. 32.2.1. Safety: 32.2.1.1. All rules of safety that are or may be imposed upon the Contractor by Federal, State, or local code or regulation shall be effectively carried out in the performance of the work set forth herein. Specific attention is called to adherence to all applicable rules governed by the Florida Occupational Safety and Health Administration. Contractor shall take proper safety and health precautions to protect the work, the Contractor's employees, the public and the property of others. 32.3.1. Sanitation: 32.3.1.1. The Contractor, shall keep the premises as clean as the progress of the work will permit (reasonably free of accumulations of debris), Which shall include the controlling of any noxious weed growth and upon completion, remove all materials and rubbish from the premises, leaving the site clean. 32.3.1.2. Surplus materials, waste materials and debris, sweepings, soot and rubbish shall not be allowed to accumulate and shall be removed from the site forthwith to authorized . dumping areas as it is generated. No waste materials or debris shall be tossed or thrown onto adjacent Properties or adjacent land areas. 32.3.1.3. The entire Work area shall be cleaned up at the end of each Work session. / 32.3.1.4. The Contractor shall thoroughly clean all equipment and materials installed by him and deliver over such materials . and equipment undamaged in a bright, clean and new appearing condition. 32.3.1.5. At completion of the Work, the premises should be left in a neat, unobstructed condition and everything in perfect repair and order. 32.3.1.6. Upon completion of the Work, the Contractor shall remove all equipment, scaffolding, etc., and thoroughly clean the Work site before submitting the project to the CITY for final acceptance. March 2004 . .- ~ Project Manual , / 33.4.1. Conduct: 33.4.1.1. Contrac:tor and Contractor's employees shall be subject to the same general rules of conduct while on CITY property that apply to a CITY employee. CITY reserves the right to refuse access to any Contractor's employee if CITY determines it to be in the best interests of CITY. AFtTICLE 33 ENVIRONMENTAL PROTECTION 33.1. . The Contractor shall. be responsible to protect the environment of work areas . as affected by this Contract. Contractor shall be responsible for the proper disposal of all hazardous, solid, liquid, and gaseous contaminants and refuse in accordance with all federal, state, local codes and regulations. 33.2. All chutes for refuse,. and the like shall be covered or of such a design to fully confine the material to prevent the dissemination of dust. ARTICLE 34 PROTECTION OF WORK ANDPFtOPERTY 34.1. The Contractor shall continuously maintain adequate protection of all the Contractor's work from damage, and shall protect City's property from injury or loss arising in connection with this Contract. The Contractor shall make good any such damage, injury or loss, except as may be directly due to or caused by agents or employees of CITY. 34.2. The Contractor shall at all times provide adequate protection and facilities to safeguard all persons passing on or about the premises in the usual conduct of their business, and any special instructions to the Contractor from the CITY to insure protection, etc. shall be complied with in each and every instance. 34.3. The Contractor shall adequately protect adjacent property as provided by law and or as directed by the CITY. 34.4. TheC:ontractor shall provide and maintain alllights,fooMiays, guards, fences, gates, etc., for the proper protection of the public, and shall comply with all Municipal rules, regulations, ordinances and laws. 34.5. The Contractor shall properly a.nd carefully shore up or otherwise support all live water, sewer and gas pipes, electric wires, conduits, free standing walls, etc., which may be encountered. He shall immediately notify the CITY of such and give such CITY permission to protect the same. The Contractor shall provide sufficient, safe and proper facilities at all times for the inspection of the work. March 2004 . PrOject Manual ;~ ". ' -:::;;::- . 34.6. The Contractor shall fumish throughout the entire project, all scaffolding, ladders, decking or runways as necessary to execute the Work in a safe manner. 34.7. In an emergency affecting the safety of life, of the work, or of adjoining property of CITY, the Contractor, without special instructions or authorization from CITY, is hereby permitted to act in at the Contractor's discretion to prevent such threatened loss or injury. 34.8. Any compensation claimed by the Contractor on accouht of emergency work as set forth in 12.6.5 above shall be determined by agreement of CITY and the Contractor. 34.9. The .Contractor shall csrefullyprotect all trees, shrubs, and hedges, not specified as being removed, from injury during building work and pay for damages to same resulting from insufficient or improper protection. 34.10. The Contrac:tor shall send proper notice, make all necessary arrangements . and perform all other services required for the care, protection and maintenance of all public utilities, including mail boxes,fire plugs, power and telephone poles and wires, and all other items of this character on or around the building site. 34.11. Building materials, Contractor's equipment, and other supplies necessary to the project may be stored on the premises with approval of CITY. This shall in no manner relieve the Contractor from full responsibility for such materials. 34.12. Where materialS are not sold or furnished in packages or cohtainers, the Contractor, when . requested by CITY, shall obtain invoices from the manufacturer or its agents covering such materials showing the name and brand of the materials furnished, which invoices must be furnished to CITY. 34.13. In the event of accidental damage to or disruption of anyof City's equipment, . utilities, or facilities by the Contractor or any of the subcontractors, or when life or property are endangered, the Contractor shall immediately take all necessary steps to replace/repair all pieces/parts of any damaged equipment/materials, make all necessary repairs and restore all services to normal. Further, the Contractor shall engage any and all required additional subcontractors, labor, individuals or other outside services, deemed . necessary by CITY, to operate on a continuous, "around-the-clock" basis until all restoration is complete. Also, the Contractor shall provide and install all required materials and equipment. 34.14. All costs involved in making repairs andrestoring disrupted services to normal shall be borne by the Contractor. 34.15. The Contractor and/or his/her subcontrac:tors shallfumish, erect and maintain such signs as may be required by compliance with local codes and/or safety Page 154 . ':':'-- -,- Project Manual regulations for the purposes of controlling traffic and safeguarding life and property. 34.16. The Contractor shall provicleadequate climatic protection for exposed part of buildings wherever work under this Contract is performed. AFtTICLE 35 FLOOFt LOADING 35.1 ~ Care shall be taken that floors are not overloaded at any time. ARTICLE 36 PROJECT SITE MAINTENANCE 36.1. The Contractor shall store all supplies and equipment on project site(s) so as .to preclude mechanical and climatic damage and maintain project sites in a neat and orderly manner at all times. Materials to be stored on the site shall be neatly stacked and protected and kept clear of all passageways. The Contractor shall coordinate the work in such a manner as to reduce the disturbances and inconveniences to the tenants to a minimum. ARTICLE 37 MArEFtIAL AND EQUIPMENT PROTECtiON ANO SECURITY 37.1. The Contractor shall cover equipment that is to remain in place within the area of contract operations and protect it against damage or loss. This includes equipment that is removed in the performance of Job Orders where directed for reuse in work as required by drawings and specifications. Equipment temporarily removed that is in good operating condition at the time of removal shall be protected, cleaned and replaced equal to or better than its conditions prior to its removal. Security for equipment or material that is to be reused and is removed for temporary storage at the work site shall be the sole responsibility of the Contractor. If the Contractor considers the equipment to be at risk after removal, arrangements should be made for storage while removed. Transportation to and from the storage site shall be provided for and at the Contractors risk. 37.2. The CONTRACTOR, its Subcontractors and Materialmen Shall be solely responsible for the proper storage, security and protection of all their tools, equipment, materials and personal property that they may store or leave on CITY property. The Contractor's materials shall be stored in an area approved by the CITY. Receipt of such approval, however, does not relieve the Contractor of its liability for prevention of any theft, loss or damage that may occur. The Contractor is responsible for keeping the Work site(s) secured at all times and is responsible for any damages, vandalism or theft to the Work or materials on the site at all times prior to final acceptance of the March 2004 Page 155 \ .......~...../.......................-........................... UIa Project Manual .~ .-=-:- Work by the CITY. The Contractor agrees not to hold the CITY liable for any damage thereto or loss thereof. ARTICLE 38 EXPLOSIVES AND BLASTING 38.1. Use of explosives will not be permitted without prior written permission from the CITY and the prior to the contractor obtaining all applicable permits. 38:2. If and. when the use of explosives is riecessaryfor the execution of the work, the CONTRACTOR shall observe the utmost care, performing such work with .experienced men and in accordance with all federal, state, and local regulations so as not to endanger life or property. In addition to observing all governmental regulations relating to the transportation, storage, handling and use of explosives, the CONTRACTOR shall conform to any further regulations that the CITY may deem necessary in this respect. Signals of danger shall be given before the firing of any blasts and blasts shall not be fired until all persons in the vicinity are known to have reached position out of danger therefrom. 38.3. Quantities and Records: CONTRACTOR shall keep explosives on the site only in such quantity as may be needed for the work underway and only during such time as they are being used. He shall notify the Project Manager in advance of his/her intention to store and use explosives. Explosives shall be stored in a secure and safe manner in strict conformity with all state and municipal regulations and all such storage shall be marked clearly, "DANGER EXPLOSIVES," A daily record shall be kept showing the amounts of explosives on hand, the quantities received and issued, and the purpose for which issued. 38.4. Damage or Injury: All blastingnecessal"yon this contract shall be done with the express provisions that the Contractor shall be and is hereunder responsible for any and all damages and claims arising from such blasting or by accidental explosions and for the defense of all actions arising from such causes. In case injury occurs to any portion of the work or to the material surrounding or supporting the. same, through blasting, the Contractor, at his/her own expense, shall remove and replace such injured work and shall furnish such material and perform such work or repairs or replacements as the Project Manager may order. Any damage whatever to existing structures or property due to blasting shall be promptly, completely, a satisfactorily repaired by the Contractor at his/her own expense. 38.5. Restrictions: Blasting will not be permitted within 25 feet of any structure unless proper precautions are taken, as approved by the Project Manager, to insure that the structure and the material surrounding and supporting the same are not damaged by such blasting. March 2004 ZfIS. .~ ~ Project Manual 38.6. Rock encountered within 5 feet of existing pipelines or building shall be removed without blasting. 38.7. All blasts in open cut shall be well covered and provisions made to protect pipes, conduits, sewer structures, persons, and property adjacent to the site of the work. Blasting shall be done only with such quantities and strength of explosives and in such manner as will break the rock approximately to the intended lines and grades and yet will leave the rock not to be excavated in an unshattered condition. Care shall betaken to avoid excessive cracking of . the rock upon or against which any structure will be built and to prevent injury to existing pipes or other structures and property above or below ground. Where rock is to be removed from sheeted excavations, all braces and wales shall be fastened securely in place to prevent movement during blasting. Blasting will not be permitted between the hours of 5:00 p.m. and 8:00 a.m. except with special written permission of the Project Manager. After a blast is fired, the Contractor shall cause the excavation to be thoroughly scaled and all loose and shattered rock or other loose material which appears dangerous to the structure or to the workmen shall be removed and the excavation made safe before proceeding with the work. The fact that the removal of loose or shattered rock or other loose material may enlarge the excavation beyond the required limits shall not operate to relieve the Contractor from the necessity for making such removal and for backfilling as speCified herein. ARTICLE 39 CUTTING AND PATCHING 39.1. The CONTRACTOR shall do all cutting, patching aM restoration required by the Work, except as otherwise specified. All restorations shall be to the satisfaction of the CITY. AFtTICLE 40 BARRIERS 40.1. The CONTRACTOR shall erect temporary barriers and warning signs to alert and protectthe public, CITY tenants and CITY employees from the Work as deemed necessary and or as directed by the CITY. ARTICLE 41 POLLUTION CONTROL 41.1. During the course of construction, the CONTRACTOR shall conduct hislher operations in such a manner as to present or reduce to the minimum any damage to any stream or lake from pollution by debris, sediment, chemical, or other foreign material, or from the manipulation of equipment and/or materials in or near such stream or ditch flowing directly to such stream or lake. Any March 2004 Page 157 \ . ...~ ..~ PrOject Manual water which haS been used for wash purposes or other similar operations which become pollution with sewage, silt, cement, concentrated chlorine, oil, fuels, lubricants, bitumens, or other impurities shall not be discharged into any such stream or lake. There will be no open burning of materials. 41.2. Techniques identified in USDA-Soil Conservation Service "Guidelines for Urban Erosion & Sediment Control" shall be utilized as applicable for erosion and pollution control. AFtTICLE42 TEMPORARY SEFtVICES AND UTILITIES Unless the Detailed Scope of Work states otherwise: 42.1. Temporary Services and Utilities: 42.1.1. General: , 42.1.1.1. The CONTRACTOR shan be responsible for arranging for . and providing all general services and temporary facilities a s specified herein and as required for the proper and expeditious prosecution of the Work. The CONTRACTOR shall pay all costs for such general services and temporary facilities. 42.1.1.2. Temporary connections for an utilities and facilities used bY . the CONTRACTOR including installation, maintenance and removal of such facilities shall be at the CONTRACTOR's expense. 4Z2. Water: 42.2.1. The CONTRACTOR shall provide temporary water connections as required for drinking and construction purposes, unless potable water is available at the Site and it's use by the CONTRACTOR is approved by the CITY. 42.2.2.' The CONTRACTOR shall note that the CITY reserves the right to regulate the use of water, and may impose restriction on the use in the event water is being used carelessly by the CONTRACTOR. 42.3. Light and Power: 42.3.1. The CONTRACTOR may utilize power which is available at the job site. The CONTRACTOR shall provide his/her own portable electric system or make temporary connections to the existing electrical system as necessary or make arrangements with the power company at his/her own expense, to supply his/her construction needs. An \ ----~.~~-~~-, . ~ ~ Project Manual alternate power source shall be provided for temporary heat. The CITY will not provide electrical power for heating. 42.4. Temporary Heating and Ventilation: 42.4.1. The CONTRACTOR shall provide temporary closures or enclosures for all exterior door, window, roof or other types of exterior openings as required to protect his/her completed Work, protect material and equipment being installed, protect the City's facilities, and enable its workmen to accomplish their work in a satisfactory manner and while maintaining the approved progress schedule. It shall be the CONTRACTOR's responsibility to keep water in pipes from freezing and to maintain temporary heat in areas where Work is being performed at not less than 50 F. before plastering and painting and not less than 60 F thereafter. The CONTRACTOR must obtain the City's approval for the types, sizes,amounts and location of heating equipment. The equipment must have a seal of approval from the Underwriters Laboratory or other organization satisfactory to the CITY. 42.4.2. The CONTRACTO~ shall furnish,install, operate and maintain all required temporary heating equipment, and shall provide and pay all fuel costs. Oil fired or gas heating units shall be self-contained units which shall be furnished in sufficient number and adequate capacity to conform with the requirements for temporary heat stated above. Each oil-fired or gas~fired unit shall be properly vented as required to dissipate noxious fumes and prevent discoloration of building construction. Temporary electrical connection shall be provided by the CONTRACTOR. 42.5.T emporary Field Offices: 42.5.1. On some Job Orders the CONTRACTO~ may be required provide his/her own field office and utilities as directed by the CITY in the Detailed Scope of Work. The cost of the Field Office will be treated as a Pre-priced item and paid for in the CONTRACTOR's Price Proposal. All other cost will be paid for by the CONTRACTOR. Location shall be approved by the CITY. 42.5.2. The CONTRACTOR shall provide separate telephones in the temporary offices for its use. The CONTRACTOR shall pay for the cost of installing such telephones and the cost of all telephone service. The Contractor must provide a stationary telephone or cellular phone at the job site for their own needs and for the CITY to contact them. March 2004 Page 159 City of Miami Beach -c:opyrlght 0 2004 The Gordian Group .......~...................................................... .~ ~ Proj~ct Manual 42.5.3. The CONTRACTOR shall provide a faCsimile machine in the temporary field offices to expedite written communication between the parties. The CONTRACTOR shall bear all costs of providing said equipment. 42.5.4. The facilities mentionedabo\le shall be made available for the use by the City's designated representative during its site visits. 42.6. Temporary Sanitation Facilities: . 42.6.1. CONTRACTOR's personnel will normally not be permitted to use toilet facilities on project premises subject to regulation and control of CITY staff. The CONTRACTOR shall provide adequate and suitable temporary facilities. 42.6.2. ThE! CONTRACTOR. shall provide temporary tOilets for the use of the Workmen, placed where directed and maintained in a sanitary condition. 42.6.3. At the completion of the contrac:t the temporary toilets shall be removed. 42.6.4. Existing on-site toilet facilities may be used to meet the above requirements subject to the prior approval of the CITY. 42.7. Temporary Fire Protection: 42.7.1. The CONTRACTOR shall take all precautions necessary and required to prevent fire and comply with the requirements of local authorities having jurisdiction 42.7.2. Fuel to cutting and heating torches shall be gas only, and Shall be contained in Underwriters' Laboratory approved containers. The CONTRACTOR shall provide and maintain a 20 pound capacity, dry chemical type fire extinguisher in the immediate vicinity of the work when welding tools or torches of any type are in use. 42.7.3. The CONTRACTOR shall not use volatile liquids for cleaning agents or as fuels for motorized equipment or tools within building. 42.7.3.1. Tarpaulins shall be securely anChored and flame proofed, when attached to any wood scaffolding and when used to enclose any portion of a building above the first floor. 42.7.3.1. Flammable materials shall not be stored, nor debris allowed to accumulate in or about the site.