FHP Techtonics Corp.
*****
AII-AmeItcaCllY
, , " I.'
March 2004
Miami Beach
-
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-CAPITAL IMPROVEMENT PROJECTS
FHP Techtonics Corp.
d/b/a/ F.H. Paschen, S.N. Nielsen & Associates
CITY CLERK
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
-
Condensed Title:
Request for Award of Job Order Contracts (JOC) to seven (7) Contractors for Pub6c Works, CityWide, and
Ca itallm rovements Pro'acts.
Issue:
Shall the City Commission Award Contracts to Contractors for Public Works, Citywide, and Capital
Improvement Projects?
Item Summ IRecommendatlon:
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 56
projects totaling $10,523,581.69.
The number of construction projects Initiated 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
The average tilne from the Joint Scope meeting (Initial meeting of the City and Contractor to discuss scope of
work) to a Notice to Proceed (document directing contractor to commence work) has averaged 26.3 days, With
traditional bidding, the time it has taken to issue a Notice 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.
Based on the results of the City's JOC program coupled With the highvolurrie of construction-related 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: CityWide:
CW Construction, Inc. Alpine Construction, Inc.
CIP:
F.H. PaSChen SN Nielsen
H.A. Contracting, Inc.
Carivon Construction, Inc.
F & L Construction,lne.
Pass Intemational,lnc.
~PRbvE TtlE CONTRAct AWARDS.
Advisory Board Recommendation:
I I
Financial Information: Funds are available from the capital improvements budget accounts allocated to
City Departments andfor DMsions, 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 ects. '
sourCe of
Funds:
D
Finance Dept.
City Clerk's Office Legislative Tracking: '
,I Gus Lopez, ext. 6641 ".. ' , ' .." , . I
I "-Off: ,'. ,',' ,.. ., .. "
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T:\AGEN >.M8y2604\Regu1..-.JOCSUrTmlry.dOC ~
, "AGENDA ITEM. ., ~lB
DATE S-'J/p-oLf
148
C IT Y .0 F MI AM I B EA C H
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\miamibeachfl.gov
COMMISSION MEMORANDUM
SUBJECT:
Mayor David Del'J11er and DATI:: May 26, 2004
Members of the City Commlssi()n
~~:~~~:~~zalez ,\~
RI:QUEST FOIt ~OVAl TO AWARD JOB OlWER CONTAACTSTO THE
FOLLOWING CONTRACTORS PURSUANT TO INVITATION FOR BIDS ("BID") NO.
12-03104 FOR PUBLIC WORKS PROJECTS; BID NO. 13~3/04 FOR CITYWIDE
CONSTRUCTION PROJECTS; AND BID NO. 14-03/04 FOR CAPITAL
IMPROVEMENTS PROJECTS: 1) ALPINE CONSTRUCTION, INC.; 2) ,CARIVON
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. 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:
AOMINISTRATION RECOMMENDAtiON
Approve the Award of Contracts and authorize the Mayor and City Clerk to execute all
contractual agreements thereto.
FUNDING ANDAMOUN1
Funds are available from the capital improvements budget aceountsallocated 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 mnnon annually, maximum value $10 million in five years.
13-03/04 - CityWide.........$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 term 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 options 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, 13-03/04t 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 the JOC 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 &1 Construction; 3) Carivon Construction; 4) TRAN
Construction; 5) Grace & Naeem Uddin, Inc.; and 6) TROPEX Construction.
The first year results of the City's JOCprogram' 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 initiated and awarded via JOe in one year
(58), ,is greater than the total number of construction projects awarded via
traditional bidding (53) in the past three years!
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 (document directing
contractor to Commence work) has averaged 26.3 days. With traditional bidding,
the time it has taken to issue a Notice 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 answers. This non-adversarial relationship
eliminates the undertying cause of most claims and changes.
. There has been no claim or any litigation relative to any JOC project.
Based on the results 6f the City's JOe program coupled with the high volume of
construction-'related projects, the city issued three separate bid solicitations in orderto
increase the 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 JOC concept and the contract documents,
the City's construction program, and bid considerations. Bidders'had to be represented
by a person that would be directly involved in preparing the JOe bid and responsible for
executing the construction work. A total of 21 bidders attended the pre-bid conference.
Prospective bidders were required to sUbmit a "bidn on all work contained in the unit
price book by quoting a single adjustment factor that would be applied for work
accomplished during normal working hours and a single adjustment factor for work to be
accomplished during other than normal working hours. These two adjustment factors
represent the contractor's only adjustment to the prices published in the unit price book
and must include all indirect cost such as overhead, profit, bonds, insurance, design
and contingency costs.
For example, an adjustment factor of 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
adjustment factor to obtain the final price to be paid for a specific construction task. JOe
represents a competitively bid, firm 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 Cttys own specifications.
. Thelegalterrns and cOnditions that contain the specific contract language
concemingthe execution of the contract, which is standard with all our
construction contract awards.
BIDRE5ULTSJDETERllliNATIONOF AWARD
on April 20, 20()4, the City received five (5) bids 'fur 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 fur the CIP JOC Contract
(#14-03/04). The tabulated results are attached.
The recomrnended contractors were selected based on the following evaluation criteria
which was incorporated into all three invitation fur 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. 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.
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 (Le., no Contractor will be
awarded more than one (1) JOC contract).
152
Commission Memo
Bids No. 12-03/04, 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 claimsllitigation
history of the bidder.
The following are references secured by the procurement staff in references to past
project experience:
AloineConstruction. Inc.
Daniel Perez
) Perez and Perez Architects
"1 have personally known Mr. Alfred Quero for 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
SMGlMiami Beach Convention Center
"Ve1Y reliable contractor, friendly and on.;.time. "
Carivon Construction. Inc.
Roy Martinez
Miami International Airport
"Canvon construction has provided construction services for Miami International Airport
for the last 2 years. Value and quality are of the up most importance to Carivon
Construction. They are a great asset for any organiz@tion that may need their services"
SteVe Clark
SMG/Miami Beach Convention Center
"Carivon is a great contractor, reliable and always ready to provide the services needed
on time and budget. 11
CW Construction. Inc.
John Hamson
Harrison Construction Company
"Contractor is very conscientious, 'high integrity. Would be happy to work with CW
again. Excellent perfonnance. om
Buddy Meazatos
Miami-Dade' College
"Very good service and workmanship., Responds well to owners requests and demands.
Would not hesitate to use them again. "
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
ltF&L has a pro-active approach in management and takes pride in their work
(performing good qua/fty work). n
Bruce Uunberta
City of Miami Beach/property Management
IlF & 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. II
F .H. Paschen SN Nielsen
Eric Mitchell ,
San Diego Department of General. Services
"F.H. Paschen has provided excel/ent work products on over 6 million dol/ars of new
and old construction projects. II
Jack Farnan
Metropolitan Water ReclamationOistrict
ltF.H. Paschen has worked on the DistricfsJOC program for several years. Their prices
are competitive and their work is done wel/. n
H.A.Contractina. Inc.
H.A.Contracting, Inc. is an existingJOC contractor with the City. The Procurement staff
has contacted CIP, Public Works, Property Management and the Convention Center for
references. All departments have commented that H.A. Contracting is a good
contractor that has performed well under the existing JOC contract for the Cfty.
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. n
Ronald Langlois
Franklin Templeton Companies. LLC
"' have used Pass Construction 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 yeaTS 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. n ,
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 to the followingconstfuction 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 Capital Improvements ProgralTl (CIP) office will
administer the contracts.
Evaluation:
The contractor will be evaluated on each Job Order. ReslJltsof the evaluation will
impact the issuance of future job orders.
Contract Price:
The contract price is to include the fulTlishing 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.
Each contract will have an initial term of 12 months. Each contract will include an option
for four (4) additional one-year renewals. Renewals 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 $5 million on the CIP contracts is achieved or the expiration of
the 12 month term, whichever is first.
Based on the analysis of the adjustment factors bid and the volume of construction
projects the Administration is recommending the following awards:
Public Works:
CW Construction, Inc.
Citv Wide:
Alpine Construction,lnc.
CIP:
H.A. Contracting, Inc.
Carivon Construction, Inc.
F & L Construction, Inc.
Pass International, Inc.
F.H. Paschen SN Nielsen
155
Commission Memo
Bids No. 12-03/04, 13-03/04, and14-03/04
May 26, 2004
CONCLUSION
In summary, the JOC system will enable the city to achieve its primary objective of
being able to ;'more rapidly engage contractors" while lowering costs and strengthening
internal controls. JOC does not replace any of the existing contracting systems including
program management services. JOC is just an efficient and effective tool for the City to
use in accomplishing its facilities maintenance and construction program. JOC has
proven to be a system that can offer immediate as well as long-term benefits.
The Administration recommends that the Mayor and City Commission award contracts
to the following contractors pursuant to Invitation for Bids No. 12-03/04, 13-03/04, and
14-03/04: 1) Alpine Construction, Inc.; 2) Carivon Construction, Inc.; 3) CW
Construction, Inc.; 4) F & L Construction, Inc.; 5) F .H. Paschen SN Nielsen; 6) H.A.
Contracting, Inc.; 7) Pass I ntemational , Inc., for capital improvements projects, public
works projects, "and other citywide projects whereby funds have been appropriated by
the City Commission; and further authorizing the Mayor and City Clerk to execute all
cOntractual agreements thereto.
JMG:RCM:FB:TM:GL
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CITY 0 F M I AM I BEACH
1700 CONVE:NTIONCENTER DRIVE, MIAMI BEACH, FLORIDA 33139
, http:\\cLmiami-beach.f1.us
PROCUREMENT DMSION
INVITATION TO BID
Telephone (30$) 673-7490
Facsimile (305) 673-7851
ADDENDUM NO.3
April 19, 2004
JOB ORDER CONTRACT: ITB 12-03/04 PUBLIC WORKS DEPARTMENT; JOB ORDER
CONTRACT: ITB 13-03/04 CITYWIDE; JOB ORDER CONTRACT: ITB 14-03/04 CAPITAL
IMPROVEMENTS PROJECTS is amended as follows:
I. Questions and Answers :
Q: On the bid questionnaire it asks, how many years the organization has been in business while
possessing one 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 minimum 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 submitbids".
A: As long as your company has been in business and licensed asaGeneral 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 in ITB 12-03104 is primarily
for site/civil/utility 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 Flot'ida Certified General Contractor's License is necessal'y 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 pet/orm under this contract; only
contractors who have a State of Florida Certified General Contractor's License will be
allowed to pet/orm under this contract.
Page 2
Addendum 3
II. ,The attached page 136 of the Project Manual has been amended, please discard original page
in the Project Manual and replace with attached page.
Bidders are reauired'toaclmowlede:ereceint of this Addendum or the bid mav
be considered non-responsive.
CITY OF MIAMI BEACH
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Procurement Director
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G.S.
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.....
PROJECT MANUAL
ARTICLE 6 ECONOMIC PRICE ADJUStMENT -'(APPLICABLE TO THE
OPTION PERIODSONL Y)
6.1.
This Article provides a meanS to adjust the Contractor's Adjustrnent Factors on
an annual basis by mutual aareementof the contracting parties from the date
of the Contract award. The actual neGotiated 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.
The "original Adjustrnent 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 beneaotiated at each annual anniversary date of the
Contract award (i.e. in beginning of month 13,25,37 and 49 of the Contract).
6.2.
eCI iRdifies are plofblis~ed mSAt~I/. T~e"baseyear"fer t~eploffpeses ef t~is
pmvisisR is t~e12 meRt~psAed pAer' te t~seeRtraGta':.'ard. Tf;)s' "~ass :;ear
iRd~x" isdstermiRed DyslofmmiRg '~e . meR~ly cel iRdiess 'begiARiAg ':/i~ tfle
meRt~ pRerte t~e A1.'JQt:Q ~atgfgr 9iSl:lsf tl>l9 "12' A:leRt,",sgf t,",o"9aso year" aRs
di\!idin8 a)' 12. lRe feSloflt istRea';erage eCI fertl;;Js"aaseyear."
Th9 "G9nl1Qlll y9a"': is th9. 1:l"'~ pe,;911 foUo'!/iRfJ 1110 iRitial C9~Gt .:ova:.
Tl;;Je "senvast :tear Index" Isdetermlneda~' slofmmlng tRemontRI)' CCllndl. _r
tRe iRitial12 meRtR siRtrast peAedaAd'dividiRg &)'12. Theresloflt istl;;Je a~;~ge
eCI fer tRs"seRtraGt year." '
, TRS EseRsmie Pries AdjlofstmsRt formeRtRs13 '24 sf tl;;JeCeRtrastisdetermiRsd
'by dividiRgtl;;Je "eentrast year indsx"ay tl;;Jsllbase year iRdGm." lRe ;:=~~s
AdjlofstmeRt J;aGteru" fsrmsRtI;;Js1124 sf tl;;JeC9Rb.astaredst..:.......i_ _y
~W~ti~~~:e:~ e~rf=~:j::~~ee~d{~~u:~~\:: ~~e ~':~i~i~~:.d~~~~~~~f:r:'~
salswlated iR aR ideRtisal maARsr,slidiR'g t~e "yeariRdsx" aAd tRe"seRtraGt rear
iAdex" 12 meAtR!; fe~'Jat:Q.
All thw 9Dwe e8Rlpwlati9AGll~allll. ...,.""lIm five (6) lle9illlel ~I."":- .n~ I~.:
r9WRdga tQfswr (1) desimal plae88.RewRdiR8 sf RWJ:RgefS Ql;;Jall be a; e;-i~h;-
by iRSre8QiRg tRe fewRR deeimal plat;eif tRefift~ aesimal i~ cq~lt~ fi;';, ;~
greater. If tRefiftR' desimral plass is eqbKill te fewr er ESQ, the felofRh desimal sl;;J~1I
, remaiAwRoRaRged.
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
March 2004
City of Miami Beach
Copyright C 2004 The Gordian Group
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33131:1
http:\\ci.miaml-beach.fl.us
PROCUREMENT DIVISION
INVITATION TO BID
Telephone (305) 673.7490
Facsimile (305) 673.7851
ADDENDUM NO.2
April 12, 2004
JOB ORDERCONTRACT:ITB 12-03/04 PUBLIC WORKSDEP ARTMENI; JOB ORDER
CONTRACT: ITB 13-03/04 CITY WIDE; JOB ORDER CONTRACT: ITB 14-03/04
CAPITAL IMPROVEMENTS PROJECTS is amended as follows:
I. Clarifications:
1. A bid guaranty is REOUlRED to be s ubJDitted with YOllrbid response, and theamoums are
as follows:
- ITB 12-03/04 Public Works Departl11ent - 525,000
- ITB 13-03/04 - City Wide... $25,000
- ITB 14-03/04 - Capital Improvement Projects -$50,000
2. Correct line 4, of Bid Form 2, to read as follows:
- 4. Multiply Line 3 by .2160 (.90 x.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 aU three projects have been changed to 5:00PM
on Thursday, April 15, 2004.
; Bidders are reQuired to' acknowledf!e receint of this Addendum or the bid may
be considered non-resDonsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CONTRACT NUMBER I1"B12-03/04 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.BO x.70) .....................................................
3. Normal Working Hours Construction Adjustment Factor with
Architectural and Engineering Services........................................... ...........
4. Multiply Line 3 by .2160 (.90 x.BO x.30) ......................................................
5. OtherThan 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 lising Davis Bacon Wages...........
10 Multiply Line 9 by .0560 (.10 x .80 x.70) ....................................................
11. Normal Working Hours Construction using Davis Bacon Wages with
Architectural and Engineering Services ..................................................... __
12 Multiply line 11 by .0240 (.10 x .80 x.30) .................................................
13 Other Than Normal Working Hours Construction using Davis Bacon...
14. Multiply line 13' by .0140 (.10 x .20 x.70) ....................................................
15 Other Than Normal Working Hours Construction using Davis Bacon with
Architectural and Engineering Services ......................................................
16. Multiply line 15 by .0060 (.10 x .20 x.30) ....................................................
17. Add lines 2+4+6+8+10+12+14+16.............................................................. __
(Combined Adjustment Factor)
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 Line 1 by .5040 (.90 x.80 x.70) .....................................................
3. Normal Working Hours Construction Adjustment Factor with
Architectural and Engineering Services ......... ............... ................. .............
4. Multiply Line 3 by .2160 (.90 x.80 x.30) ......................................................
5. Other Than Normal Working Hours Construction Adjustment Factor....
6. Multiply Line 5 by .1260 (.90 x.20 x.70). ..................................................... '
7. Other Than Normal Working Hours Construction Adjustment Factor
with Architectural and Engineering Services .............................................
8. Multiply line 7 by .0540 (.90 x.20 x.30).......................................................
9. Normal Working Hours Construction using Davis Bacon Wages...........
10 Multiply Line 9 by .0560 (.10 x .80 x.70) ....................................................
11. Normal Working Hours Construction using Davis Bacon Wages with
Architectural and Engineering Services ..................................................... __
12 Multiply Line 11 by .0240 (.10 x .80 x.30) .................................................
13 Other Than Normal Working Hours Construction using Davis Bacon...
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 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).
1. Normal Working Hours Construction Adjustment Factor ........................ __
2. Multiply Line 1 by .5040 (.90 x.80 x.70) .....................................................
3. Normal Working Hours Construction Adjustment Factor with
Architectural and Engineering Services ............................ .... ......................
4. Multiply Line 3 by .2160 (.90 x.80 x.30) ......................................................
5. Other Than Normal Working Hours Construction Adjustment Factor.... __
6. Multiply Line 5 by .1260 (.90 x.20 x.70). .....................;...;...........................
7. Other Than Normal Working Hours Construction AdjustmentFactor
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 .80 x.70) ....................................................
11. Normal Working Hours Construction using Davis Bacon Wages with
Architectural and Engineering Services .....................................................
12 Multiply Line 11 by .0240 (.10 x .80 x.30) .................................................
13 Other Than Normal Working Hours Construction using Davis Bacon...
14. Multiply line 13 by .0140 (.10 x .20 x.70) ....................................................
15 Other Than Normal Working Hours Construction using Davis Bacon with
Architectural and Engineering Services ....................................... ...............
16. Multiply line 15 by .0060 (.10 x .20 x.30) .................................................... _--'-0
17. Add lines 2+4+S+8+1 0+12+ 14+16......1.......................................................
(Combined Adjustment Factor)
CITY 0 FM fA M I BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\cl.miami-beach.fl.us
PROCUREMENT DIVISION
INVITATION TO BID
Telephone (305) 673-7490
Facsimile (305) 673-7851
ADDENDUM NO. 1
March 31, 2004
JOB ORDER CONTRACT: ITB 12-03/04 PUBLIC WORKS DEP ARTMENT;JODORDER
CONTRACT: 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 Manual of the
CD has been amended as follows:
A Mandatory Pre-Bid Conference has been scheduled for 9:30 A.M., April 8th, 2004, at the
City of Miami Beach Convention Center, 4th Floor Executive Offices Conference 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 -Did
Conference may be deemed non-responsive.
Bidders are required toacknowled2:e receiot ofthis Addendum or the bid may
be considered non-resoonsive.
CITY OF MIAMI BEACH
o.,/'"
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Gus Lopez, CPPO
Procurement Director
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Bli THE GORDIAN GROUP@
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Project Manual
INVITATION TO'1310 .... .....;........ ...... ...........:. ..... ............ .......... ..... .................. ...........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:......... ....... i..... ...... ........ ........ ...;...................... ..... ..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: ..C................ ,.. ....... ...... .................. ...... ....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
BIDITENDER FORM .......u. ........ ............ .............. ,............. ..u. ......22
CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES .......25
FORM OF BID........ .........~.. ... ..... ......... ,............................ ........... .26
SUPPLEMENT TOBIDITENDER FORM - QUESTIONNAIRE ....41
SUPPLEMENT TO BIDITENDER FORM - NON-COLLUSION
CERTIFICATE. .....,... ..... ..:. .... .... ..... .... ..... ..,... .... ;......... ...... ... ... ......47
SUPPLEMENT TO BIDITENDER FORM - DRUG FREE
WORKPLACE CERTIFiCATION............. ............................ .........48
SUPPLEMENT TO BIDrrENDER 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
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PE:RFORMANCE ANO PAYMENT GUARANTY FORM.............. 71
GENERAL CONDITIONS .....:..... ................................ ............. .... 73
Project Manual:.......... ......... ........... ............ ,................................. 73
Intention of City: ..... ............. ....................... ................. ..... ............ 74
Preliminary Matters:...... ...... ..S.......;.. .,.......................................... 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: ...... ...... ............. .s.... .................................................. 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: ............. ..... ..c........... .............. ....... .............. ......... 89
Taxes: .......... .................. ....;..:....... ............. ............. ............. ........ 90
Subcontracts:. ........ .............. n..... ............; ............ ..... ..... ......, ....... 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:
..... .......... ............................. ...... .............. ......... ........ n........... ........ 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
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No Damages for Delay: ....... ..... .............. ............. ........ ...............1 00
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: ....... ......; ...... .............. .............. ........... .....106
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:...... ...,.... ........ ...................................... ..... ...1 08
Project Records:... ... ........;................... ............. ,............. ..... .......109
Occupational Health and Safety: ................................................109
Environmental Regulations: .......................................................111
SUPPLEMENTARY CONDITIONS ............................................112
STATEMENT OF COMPLIANCE ...............................................113
CERTIFICATE OFSUBSTANTIAL COMPLETION ....................124
FINAL CERTIFICATE OF PAYMENT ....................,...................126
FORM OF FINALRECEIPT .............,.........................................127
ADDENDA AND MODIFICATIONS ............................................129
JOC SUPPLEMENTAL CONDITIONS .......................................133
March 2004
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C I TYOFM IAMI BEACH.
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
t1L
PROCUREMENT DIVISION
Telephone (305) 673-7490
Feicsimile (305) 673-7851
INVlt ATIOr. TO BID
.. ..
JOB' ORDER CONTRACT; Itl3 12.;03/04 PUBLIC WORKS DEPARTMENT
. JOB ORDER CONTRACT;ITB 13-03/04 CITY WIDE
JOSORDERCONTRACT; ITB 14-03/04 CAPITAL IMPROVEMENTS PROJECTS
NOTICE TO CONTRACTORS
Ssaled bids will be received by the City of Miami Bsach 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: Only 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:
BIO TABLE
" .' . '
Bid Number Bid Due Maximum Maximum Contract
Date Contract Total Value
Valuerrerm
ITB 12-03/04 4/20/04 $2,000,000 $10,000,000
ITB 13-03/04 4/21/04 $2,000,000 $10,000,000
ITS 14-03/04 4/22/04 $5,000,000 $25,000,000
March 2004
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A Joe is a competitive 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. TheScdpe 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 meansofissuance 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'sforJOB 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 CONTRACTITB 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 returned to the Bidder unopened. The
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resJ)onsibilityforsubmitting 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.
March 2004
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AMandatoryPre..Sid Conference has been scheduled "for 9:3() A.M., April 8th,
2004, at the Miami Beach Convention ,Center, 4th ,Floor Conference
Room, 1900 Convention Center Drive, Miami Beach, FL 33139~lntending Bidders
must attend the Mandatory Pre..BidConference. The Mandatory Pre-Bid
Conference is held for the purpose of discussing the JOe 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 wasn()t represented and signed in at the
Mandatory Pre-Bid Conference may be deemed non-responsive.
, "
A Bid Bond will not be required for this contract. The successful bidder will be
required to furnish 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"beorderedor 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.
aid 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 byphone: 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 teplies 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 Beath may reject any and all proposals or bids.
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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 (Le., no Contractor will be awarded more
than one (1 )JOC contract).
YOU ARE HEREBY ADVISE:DTHAT THIS INVITATION TO BIO 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 AOVISEO THAT THIS INVITATION TO BlOIS SUBJECT TO
THE "CODE OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY AOVISED THAT THIS INVITATION TO BID IS SUBJECT TO
THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
, ,
YOU ARE HERE:BYADVISED THAT THIS INVITATION TO BiD IS SUBJECT BID
SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
Detairedrepresentation 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
Gus Lopez, CPPO, CPPB
Procurement Director
March 2004
City of Miami Beach
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00200 ,DEFINITIONS
1. Definitions: Whenever' the foHowingterms or pronouns, in place of them
appear in the Project Manual, the intenf 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 allpunch 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 beset by the CITY.
1.2. ADDENDUM or ADDENDA: Shall mean the additional Contract
provisions issued in writing by the Contract Administrator prior to the
receipt of bids. '
1.3. ADJUSTMENT FACTORS: ,The Contractor's competitively bid price
adjustment to the unit prices as published in the Construction Task
Catalog. Contractors must bid 2 sets of adjustment factors; one set
for work accomplished during normal working hours and for work
accomplished during other than normal working hours with and
without architectural and engineering services. The second set of
adjustment factors for work accomplished during normal working
hours using Davis Bacon Wages and for work accomplished during
other than normal working hours using Davis Bacon Wages with and
Without architectural and engineering services. The adjustment
factors must be expressed as an increase or decrease from the
published prices.
1.4. ADVERTISEMENT: Shall mean the publicly placed Advertisement
For Bid inviting Bidders to subniit 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, firm,or corporation submitting a bid for this
Project, acting directly or through a duly authorized representative.
1.7. CHANGE ORDER: A written document ordering a change in the
Contract Price or Contract Timeor 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
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1.9.
1.10.
1.11.
1.12.
1.13.
1.14.
1.15.
1.16.
party hereto and/or which this 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 shaH be deemed to have occurred pursuant to
City's regulatory authority as a govemmental body and shall not be
attributable in any manner to City as a party to this Contract.
CITY COMMISSION: City Commission shall mean thegovernin~
and legislative body of the City.
CITY MANAGER: City Manager shalll1lean 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.
CONSTRUGTIONTASKCA.TALOG: 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").
CONSUL T ANT: 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
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Project Manual, are the documents which are collectively referred to
as the Contract Documents. The Contact Documents consist of the
follow Volumes:
Volume I, Project Manual.
Volume lIa, Book 1 of 3,Construction Task Catalog.
Volume lib, Book 2 of 3,Construction Task Catalog.
Volume ilia, Book 1 013, Technical Specifications.
Volumelllb, Book20f3, 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.
1.18. CONTRACT TIME: Unless otherwise provided, the Contract Time is
the period of time, measuredincaJendar days, allotted in the RFP for
the Substantial Completion of the individual Job Order.
1.19. CONTRACTOR: The person,firm, Or corporation with whom the City
has contracted ,and who is responsible for the acceptable
performance of the Work and for the payment of all legal debts
pertaining to the Work. All references in the Contract Documents to
third parties under contract or control of Contractor shall also be
deemed to be a reference to Contractor.
1.20. DAYS: Shall mean calendar days.
1.21. DETAILEb SCOPE OF WO~K: 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 ofthe specific project.
1.22. EMERGENCY: Shall mean such situations as shall require
immediate action preventing Contractor from contacting City prior to
execution.
1.23. FIELD ORDER: A Written order which orders minor chan!;Jes in the
Work but which does not involve a change in the Contract Price or
Contract Time.
1.24. FINAL COMPLETION: The date cettifiedby the City or Program
Manager in the Final Certificate of Payment upon which all conditions
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1.25.
1.26.
1.27.
1.28.
1.29.
1.30.
1.31.
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
Mana~er's knowledge, information and belief the Work defined herein
has been fully completed in accordance with the terms and
conditions of the Contract Documents.
INSPECTO~: An authorized representative of the City or Program
Manager assigned to make necessary inspections of materials
furnished by Contractor and of the work performed by Contractor.
JOB ORDER: The portion of the Contract Documents that sets forth
the Detailed Scope of Work, the schedule, and a firm fixed lump' sum
price to be paid to the Contractor. It also consists of any special
conditions that mightapply 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.
JOB ORDER COMPLETION TIME: Shall mean the period of time
allotted Jor the Contractor to 'achieve Final Completion of a Job
Order.
JOB ORDER CONTRACT:" Shall' meanacornpetitively awarded,
indefinite quantity contract for accomplishing construction and
Construction related services. Work is accomplished through the
issuance of individual Job Orders against the Contract. Each Job
Order issued under theJOC will be a firm fixed priced order for
accomplishing a specific Detailed Scope of Work.
JOB ORDER ,PRICE PROPOSAL: Shall mean the; Contractor
prepared documents quotin~ 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.
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.
LAW or LAWS: Shall mean theC6nstitutionof the State of Florida, a
statute of the United States or of the State of Florida, a local law of
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the City of Miami Beach or County of Miami-Dade, and any other
ordinance, rule or regulation having the force of Law.
1.32. MATE:RIALS: 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 TE:RM VALUE: Shall 'mean the maximum
dollar value of Work that can be ordered under this Contract during
any single term of the Contract.
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 towdrk 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: ShaH mean the hours of 8:00 AM to
5:00 PM Monday through Friday except Holidays.
1.40. NOTICE:(S) TOPROCEED:Wnttennoticet6 Contractor authorizing
the commencement of Job Orders.
1.41. OTHER CONTRACTORS: Shall mean any person, firm or
corporation with whom a Contract has been made by City for the
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1.42.
1.43.
1.44.
1.45.
1.46.
1.47.
1.48.
1.49.
1.50.
1.51.
performance of any work Which is not a portion of work covered
under this Contract.
OTHER THAN NORMAL WORKING HOURS: Shall mean the hours
of 5:01PM 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 directionand/or and require City's
approval prior to commencement of work activities.
PLANSANDlOR DRAWINGS: The official graphic representations
as needed on each Job Order to represent or supplement the
Oetailed Scope of Work.
PRE-PRICED TASK: Shall mean a task included in the ConStruction
Task Catalog for which a"Unit Price has'been established.
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.
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.
PROJECT: The' construction project as described in the Job Order.
PROJECT INITIATION DATE: The date as specified in the Job
Order Notice to Proceed upon which time commences forc6mpletion
of the Job Order.
PROJECT MANUAL: The official documents setting forth bidding
,i"formationand requirements; contract form, bonds, and certificates;
General and Supplementary Conditions of the Contract Documents.
PROJECT COORDINA TOR: Shall -mean the individual assigned by
the City as being responsible for managing, supervision and
acceptance of Job Orders
PROVIDE or FURNISH: Unless specifically noted otherwise, shall
mean supply and install complete al"ldready for operation and use.
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1.52. PUNCH LIST: Shall mean a cdmpnationofitel11sthat have not been
completed in accordance with an individual Job Order.
1.53. REQUEST FOR PR.OPOSAL(RFP): Shall mean the Document
issued by the City that forrnallyrequests the Contractor to prepare a
Job Order Price Proposal for a Detailed Scope of Work.
1.54. RESIDENT PROJECT REPR.ESENTATIVE: An authorized
representative of Consultant or Program Manager assigned to
represent Consultant or Program Manager on the Project.
1.55. SAMPLtS:Shallmean the physical examPles submitted by the
Contractor of materials, equipment or Workmanship to establish a
standard that the Contractor is required to meet.
1.56. SHOP DRAWINGS: Shall mean drawings, diagrams, illustrations,
schedules, test data, ,calculations, performance charts, cuts,
brochures, and other data which are prepared by the Contractorand
which illustrate a portion of the Work.
1.57. SITE: Shall mean the area upon or in which the Contractor's
operations are carried' on, and such other areas adjacent thereto as
may be designated as such by the Project Coordinator and or
Program Manager.
1.58. 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,lIIc, South Florida Building Code
and standard City of Miami Beach Specifications.
1.59. STArE: Shall mean the State of Florida.
1,60. SUBCONTRACTOR: A persori,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 fumishesMaterials not so worked.
1.61. SUBSTANTIAL COMPLETION: The date certified by the City and or
Program Manager when all conditions and requirements of permits
and regulatory agencies have been satisfied and the Work is
sufficiently complete in accordance with the Contract Documents so
the Project is available for beneficial occupancy by City. A Certificate
of Occupancy or Certificate of Completion must be issued for
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1.62.
1.63.
1.64.
1.65.
1.66.
Substantial Completion to be achieved, however, the issuance of a
Certificate of Occupancy of Certificate of Completion or the date
thereof are not to be determinative 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
progtess, authorized to receive and fulfill instructions from and
communicate with City, and capable of superintending the work
efficiently. The Superintendent shall not actually perform the physical
tasks involved unless otherwise waived in writing by City.
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 thepaymellt 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 fora 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.
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00300 · INSTRUCTIONSTOBIDDER.S
1. General:
1.1 The folloWing instructions and those set forth herein are given for the
purpose of guiding Bidders, in properly preparing their bids. Such
instructions have equal force and weight with other portions of the
Contract Documents and strict compliance is required with all the
provisions contained in the instructions
2. Examination of Contract Documents:
It is the responsibility of each Bidder beforesubmittinga'Sid, to:
2.1. Examinethe Contract Documents thoroughly.
2.2. Take into account Federal, State and local (City and Miami-Dade
County) laws, regUlations, drdinancesthat may affect costs,
progress, performance, furnishing of the Work, or award.
2.3. CarefullY revieW the Contract pocuments 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 ofaBid 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
engineerirtgservices to support individual Job Orders, shop
drawings, samples. management, documentation, materials,
supplies, parts (to included system components), transportation,
plant, supervision, labor and equipment needed to perform the work
at designated City properties.
4.2. The Contracts will be for the following:
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The Contract maybe 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 OROER CONTRACT ITB 14-03104 CAPITAL
IMPROVEMENT PROJECTS
The Contract maybe used to perform 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 awa'rd 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. .'Itincludes 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 labor and high quality materials. The CTC also
incorporates local activity,climateand geographic features.
4.2.1.
4.2.2.
4.2.3.
JOB O~DER CONrRAcTtTB 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 ITB13-03/04 CITYWIDE
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5.4. Bidder will' offer two (2) sets of adjustment factors thatwill be applied
against the prices set forth ihthe 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 areidehtified,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 ~evelop a Price Proposal using the
appropriate tasks, quantities and the applicable adjustmentfactor. If
the Contractor's Proposal isfouhd reasonable and acceptable, a Job
Order may be issued. The resulting price shall be a lump sum, fixed
price for the completion of the Detailed Scope of Work.
5,6. The JOC concept also includes a provision for the establishment of
prices ,for work requirements,that are within the general scope of
work but were not included in the CTC atthe time of Contract award.
These tasksarerefeITed to as "Non Pre-priced Items". Non Pre-
priced (NPP) items may require the establishment of specifications
and drawings and may subsequently be incorporated into the CTC.
6. Contract Documents:
6.1. The Contract Documents constituting component parts of this
Contract are the following:
Volume I, Project Manual.
Volume lIa,BObk 1 of 3, Construction Task Catalog. ,
VolurTIellb, Book 20f 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.
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6.2. Volume I JOC Project Manual: TheJOC 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 Specificati6n.References:
6.6.1. Florida Department of Transportation Standards (Latest
Edition)
6.6.2. Metr6;.Dade, Design and Construction Standard
Specification & Details
6.6.3. Standard Plans for Pubic Works (American Work
Association)
6.6.4. Greenbook Standard Specification (American Work
Association)
6.6.5. City of Miami Beach General ROW Program Design
Policies February 2004 as amended.
6.6.6. MasterSpecificati6nsOutlfnes
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.'
Abbreviations and Symbols:
8.
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8.1. The abbreviations used throughout theCohtract Docunients are
defined hereinafter in the Technical Specifications.
9. Pre-Bid Interpretations:
9.1. Only questions answered by written Addenda will be binding. Oral
and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents
are to be directed to the City's Procurement Director in writing.
Interpretations or clarifications considered necessary by the City's
Procurement Director in response to such questions will be issued by
'City by means of Addenda mailed or delivered to all parties recorded
by the City's Procurement Director as having received the Bidding
Documents. Written questions'should be received no less than ten
(10) calendar days prior to the.date of the opening of Bids. There
Shall be no obligation on the part of City or the City's Procurement
Director to respond to qUestions received less than ten (10) calendar
days prior to bid opening.
10. Submitting Bids:
10.1. All Bids must be received in the Procurement Division, City of Miami
Beach, 1700 Convention Center Drive, Third Floor, Miami Beach;
Florida 33139, before thetime'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/ JOG CONTRACT NO:
11. Printed Form of Bid:
11.1. All Bids must be made upon the blank BidrrenderFormandForm 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 mllst 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,
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14.
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.
Acceptance or Rejection of Bids:
13.1. The City reserves the right to reject any or all bids prior to award.
Reasonable 'efforts will be made to either award the Contract or reject
all bids within one hundred eighty (180) calendar days after bid
opening date. A Bidder may not withdraw its bid unilaterally nor
change the Contract Price before the expiration of One hundred
eighty (180) calendar days from the date of Bid opening. A Bidder
may withdraw its Bid after the expiration of one hundred eight (180)
calendar days from the date of Bid opening by delivering written
notice of withdrawal to the Purchasing Division prior to award of the
Contract by the City Commission. The City reserves the right to
award additional contracts under this'solicitation if it is determined to
be in the City's best interest for a period of one hundred and eighty
(180) calendar days following the opening of Bids,
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 work is to be accomplished using non Davis
Bacon wages and 10% of the work using Davis Bacon Wages.
80% of the work will be accomplished during Normal Working
Hours and 20% will be accomplished during Other Than Normal
Working Hours. 30% of the work will require Architectural and
Engineering Services.
b. The ability, capacity and skill of the Bidder to perform the
contract.
c. Whether the Bidder performed satisfactory on contracts within
thetime specified, without delay or interference.
j
13.
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e.
The character, integrity, reputation, 'judgment, experience and
efficiency of the Bidder.
'The quality of perforTl1ance of previous contracts.
The previous and existing compliance by the Bidder with laws
and ordinances relating to the contract.
The Management Plan ,submitted and experience of the
contractor as listed in the questionnaire.
d.
f.
g.
15. Evaluation:
15.1. The contractor will be evaluated on each Job Order. Results of the
evaluation will impact the issuance of future Job Orders.
16. Contract Price:
16.1. The Contract Price is to inolude 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 bya 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. Qualificatiol1s of aidders:
,18.1. Bids shall be considered ol1ly from firms nOrl11ally engaged in
perforl11ing 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 respol1sibility and ability to perforfTl 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 @ 2004 The Gordian Group
March 2004
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19.1. The City shall make reasonable efforts to issue addenda within seven
(7) calendar days prior to .bid opening. All addenda and other
modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Project
Manual.
20. Prevailing Wage Rates:
20.1. This project, eitherin whole or in part, may befederaUy 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; Titre 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 otherapplicable Federal, State and local laws
and ordinances.
20.2. Enclosed is the wage decision applicable to the subject project. It
must be incorporated into the Contract Documents and displayed at
the Job Site. Davis Bacon wages will only apply for work which is
federally funded and the wage decision will be decided on a project
by project basis.
20.3. Weekly payroll reports (WH347 or equivalent) are required to be
submitted by the, contractor and subcontractors through the
contractor certifying that all laborers and mechanics engaged in the
construction of the project, including those employed by
subcontractors, have been paid no less than the minimum wage
rates as listed onthe enclosed wage decision.
March 2004
City of Miami Beach
copyright C 2004 The GOrdian Group
Page 21
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00400
,81DrtENDER"PORM
Submitted: Apr.i.l. 22, :iOO4
Date
Job Order COntract #:l'IB14.-03/04
'.' City of MlamiSeach,.Florida
'. 1700 Convention Center Drive
:.Miami Beach, Florida 33139
. The Undersigned, asBidder,herebydec1aresthat 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 C'CJM8Clion with any other person" firm, or parties making' a bid; and that It is,
iti all respects,made fairly and in good faith without collusion or fraud.
The Bidder furthEW d8clares that it has exarnin8d the COntraCt Documents and all
addenda thereto fLlnished before the opening of the bids, 'as acknowledged below;
and that It. has satisfied itself about the wen to be performed; and all other required
information With the bid; and that this bid is submitted voll,l'ltarily and Willingly.
The Bidder agrees, I this bid is actepted. to Contract with the City. apolitiCal
.subdivisionaf the State of ,Florida,'.PUrsuanttothe terms and conditionS of the
ContraCt DoCuments' and to flmIsh all necessary rnaterials, equipment, machinery,
tools, apparatus. means of transportation. and an labor necessary to construct and
'complete within the time limits specified N Wbrk covered by the Contract
: Documents for th& Project enti6ed:
Job Order Contract No: rIB 14.-03/04
, .The Bidder also agrees to 'fumi$htherequired Perfonnance Bond and Payment
.:Bond or .altemativeform of security. If permitted by the City. each, for not less than
1he total bid price,and to furnish. the required' Certificate( s) of Insurance~ The
'.undersigned further agrees that the bid guaranty accompanying the bid 8hallbe
forfe~ted if Bidder fails to execute saki Contnid, or fails to fumish the required
Perfomiance Bond and Payment Bond, or falls ,to 'furnish the'reqUired Certificate(s)
of Insurance within' seven (1) calendar days after being notified of the award of the
Contract.
"'Page 22
CIty of Miami Beach
~.2lI0411ieGanlllla GKql
March 2004
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In the event 'of Srithmetica1' errors, the ,.Bidd8r agr$eS that these'.errorsare 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:
Date
Apd.112,2004 . ,',
, . Apr:iJ.12, 2004
A9f\\ <\~I z,ob'l
F-Si,. "
:
~~"
The Biddershall"acI<nOwI8dOe "this bid 'by signing and Completing the" spaces
provided below. '
J Name of Bidder: 'ESP 'l.'ect:Or11.eS onp.dlbla F.H. Pasd1en,S.N.Nielsen&~Jlttes
. CitylState/Zip:
,3343 w. CCmIIerCial Bl.vd, ,suite 101
Ft. I...aa3erdale, F.L 33309
Telephone 'No.:
{954l 730-8503
..l
Social SecuritY' No. PEIN:'36-413642S
or Federal DlI1 and BradStreet No.: IXHl:B7-633-2040
. (if applicable)
I. D.No.: 360.4136428 Brac:Jstreet No.: 87-633-2040
. (if applicable)
If a partnership, names and addr8S$8S of partnerS: N/A
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March 2004
City of MIami Beach
ClCPYllllhI 0 2Oll411le QOldIn 0II:qt
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_,___.._~.__,__h~___"_____W_'-'- -.-..' ,-~._-----_." .-~,'_...
" '
';{Signbelow if not incorporated)
G~
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J. Pe!IZ'SCI1
............. :
(Type or Print Name ~ Bicfder1
"WITNESSES:
(Signature)
It
. ' , . -, J .. . .' - - - ' .
(Type or PrInt Name SIgned Above)
..
(Sign below if incOrporated)
-ATTEST:
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J.
CORPORATE SEAL)
Sc:XJtt F. PonJIiJa. President
(Type or Print Name Signed AboVe)
,-
:-
"'lncorporaled under the laws of the state ot.Tni'Y';~
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City of Miami Beach
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00405
Cll'Y OF IVIIAMI BEACH LICENSES' PERMITS AMDFEi:S
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 Perrnits, 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.
L1CENSES,PERMITS AND FEES WHICH MAYBE REQUIREO 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 THEelTY ASA
NON-PREPRICED TASK WITH NO MARK-UPS.
1 Occllpationallicenses 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
City of Miami Beach
copyright C 2004 The Gordian Group
Page 25
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Pages 26-35
City of Miami Beach
copyright @ 2004 The Go<dian Group
March 2004
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Project "lIanual
BID FORM 1
, ' SCHEDULE OF PRICES
'FOR.CON't'RAC1NUMBERITB14.o3104 CAPITAL IMPROVEMENT, PROJECTS
The' 'BI~ hereby 'propof5esto flmish ell labor, mSterialS, , equipment,
transportation. "supervision, ,&1:hiteCtUraIandengineerlngserviceS. as
required, and fadfatiesneces.sary to complete in a workmanHke rnar1r*' and In
, accordance with theeontract Documents., all Job' Order WOJ1< ordered for the I
com~SatIon In accordanC8 with the following schedule of prices: The
Contractor bids two (21.ts of .~<factors that wiD be, applied against
the prices set forth In the CohsInJCtIOn Ta8k Catalog (CTC). One set will be
for work when DavleB8COIl' Wage deCisionS will not apply for constrUCtIOn
performtKJ during normal or other than normal working hourS with and without I
ArchIteCtUral and Engineering Services,'1he second'set wiD be for work when
Davis Bacon WageDecisiOl'l$ do apply for constructIonperformtKJ during
nonnalor other ,th8lnormal ,'h<U8Withand without Archltectur8land
Englneenng. ,ServIceS. ,These ,'~' fadorawlll be ',used to price
Individual scopes d work by multiplying theadjustmentfactOt by the unit
prices and quantities. TheSe adjustrtIent factOrS, wiD be considered for the
Term Period (12 monthS from date of contract award) ,
line 1 Normal Working Hours ConStrUction: Contractor shall 'petfOrrn any or all
functions called for in the Contract r;>ocuments and the indMdual project
Detaned Scope' 'm Work, stheciJlecI', ,ctJring normal working 'hours In the
quantities epecIfied in 'indMdual JobOl'ders' against this contract for the
Uliit price sum specified In the Constiudlon Task Catalog (CTC) multiplied
times the adjustment faetor of:
_0
(Specify to foLl' (4) deCimal places)
Une 2 Normal Working HoursConstrUdiar'l with Architecll,lral8l1d Engineering
,ServIceS:Contrador shall perform'anyor ,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 c:ohtract fOr the unit price sum specified
Page 38 CIty OfYlamI Beach
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In theconstruetion- Task CatalOg (CTC) multiplied times the adj~ent
tactor of:
. 1.031.45'
(Specify to foUr (4) decimal places)
.I
Une 3 QtherThan Normal Working Hours Construdion:Contraetorshall perfonn
any or all funCtions called for In the eontract [)oCurmmts and the individual
project DetaDed Scope of Woi'k,scheduled during 'other than normal
,wotkIng hourS 'in the quantities'SpeCified in Individual Job Orders .nst
this contract for the unit price sum specified in the eonstruction, .,..sk
Catalog (CTC) multiplied times the adjustment factor of: ': '
I
I.DnOO '
(Specify to four (4) deCimal places)
.' ;,',,'
Ii. _.' . .
.' ..
Line 4 Other Than Normal working "Hours con$lrUCtion with Archlteetural' and
EJ1gineering Services: Contractor shall perfonn a.ny or aU functiOnS called
for in theeontract Documents aIldthe individual projed Detailed Scope of
Work. scheduled cluing other than nonnel working 'hoursln the quantities
specified in 'individual Job Orders' against this contract fcK: the unit price
sum specified in the Construction Task Catalog (eTC) multiplied times the '
acrjUStm8nt factor of: . .
. I
,.Dt..DO
., '(Specify to four (4) decimal places)
Line 5 NonnalW6rking Hours ,COnStructiOn using Davis BacOn Wages:
contractor shall perform any or all functions caRed for in the Contract
Documents and the Individual projectDetal1ed Scope of Work. scheduled
'during normal working hours' in' the quantities specified in individual Job
Orders against this contract fOr the unit price sum specified in the
Construction Task Catalog (CTC) multiplied times the adjustment factor of:
1.otton .
{Specify to four (4)d8CimalplsC$s)
March 2004
CIty of Miami Beach
~02004 ".GanllnGlaup
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,Line6
Normal Working HoutS COnstructiC)n using DavisB8con Wag. with
Architectural and Engineering Services: ContractOr shall ,perform any or all
functions called for- ill the Contract ,Documents and theincflVidual project
DetaRed Scope of Work, schedUled clJiing nonnal working hours In the
quantities specified in' indiVidual JobOrde.rsagainsf ttis contract for. the
unit-pice sum ~ in the ConstruCtion Tasli catalog (CTC) multiplied
times the adjUstment factor of: '
l. HOD,
(Specify to four (4) decimal places)
,line 7 other Than Normal Working Hours COn$trUctionusing DaVIs Bacon
Wages: Contractor shall' perform any or an functions, called for in 'the
ConttactDocumentsand ,the individual project OetailedSCope of WoI1<,
scheduled duing other than 'normal working hours in the quantities
specified in individual Job Orc:Jers aQaInst this cOntract . for the unit Price
sum specified In the Construction Task Catalog (CTC) multiplied times the
adjustment factor of:
, 'I.. , 'dD
(Specify to four (4) decimal places)
,Line 8 Other ,ThanNonnal Working Hours Construction using OavisBacon
Wages with Architectural and Engine.ring ServI~: Contractor' ahaII '
perfonnanyor all functions caUed for In the Cc:;H1tract Docl.Iments and I1e
individual project DetaDed Scope of' Work, scheduled c1Jring other I1an
normal wOrking hours in thequa1tities specified in Individual Job Orders
against this contract for the' unit 'pride 8lI11 specified in the Construction
Task Catalog (CTC) multiplied times the adjustment factor of:
I.I:J.. OD
(Specify to four (4) decimal places)
'Une'9CombinedAdjustment Factor (FrornBid Form 2)
Page 38
I .o~ {JJ -:J. " '
(Specify to four (4) d8cimal places) ,
City of Miami Beach
~02Qll4l1leGadlln GIaIlIp
Man:h'2004
. ......
cXBPROct~XT DIVISIO~
04112/200.1 13:18 FAX 303 673 7851
1.
2.
,./
3.
4.
5.
6.
7.
8.
9.
10
11.
12
13
14.
15
16.
17.
IaI 00-1/005
BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CONTRACT NUMBER ~:c:,~~04 CAPITAL IMPROVEMENT I
For the purplJses of determining the low bid the Contractor shall complete th,
following wor/(sheet.
(Specify tofout (4) decimal places).
Norrnal Working Hours' Constroction Adjustment Factor ........................ J. DJs I
Multiply Une 1 by .5040 (.90x.80 x. 70) ....~........................;......._........_.... o. S I c.lf
Normal Working Hours Constructlon Adjustment Factor with ,
Architectural and Engineering Services .....;.......................... ...................... I.O~LlS'
,
=~~~~eN::~~~~~: ~::~~~;~~.;;~~~;~~;~~ ~~~~
Multiply Line 5 by .1260 (.90 x.20x.70). ...............................;.....................0. ;~ 97
, I
' Other Tl1an Normal Working Hours ConstrUction Adjustment Factor '
with Architectural and Engineering Services ............................................. J. O~oo
Multiply line 7 by .0540 (.90x.20 x.30) ....................................................... ~. 72
Normal Workirg Hours Construction using Davis Bacon Wages........... ; 0 00
MUltiply Une 9 by .0560 (.10. .60 ..70) ._......__....._......_......_.._.__'-. . .0 10 .
Normal Working Hours Construction using Oavis Bacon Wages with " I
Architec.tural and EngIneering Services .....:............................................... ~
Multiply Line 11 by' .0240 (.10 x .80 x.30) m..;................................;.......... ~
t
Other Trran Normal Working Hours COllStruction using Davis Bacon... /., Jpa
Multiply line 13 by .0140(.10 x .20 x.70} .....~....._....................................... 0.0'55
I
Other Than Nonnal Working Hours Construction using Davis Bacon with !
Archite<:tural and EngIneering Services ....._......................_...........~_......... J. Ii 00
, I
Multiply line 15 by .0060 (.10 x .20 x..30) .....l......................__....;......._..... ('). tiP ltt 1
Add tine,s 2+4+6+8+1 0+12+14+16 ...............;..............;...............;;............... ~ f
{Combined Adjustment Factor.
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,Project Manual
1heB~r shall complete this Combined Adj~ent Factor Worksheet and transfer
the "Bid Adjustment Factors. (Une1. ,3. 5. 7.". 9. ,11. 13. 15) and Final CombIned
,.:'~Adjt.istment Factor (Une,11)to, the space'prbvi~on"e8id Form 1 of this
''''proposaI. The-lowest Combined AcfJUstment Factor wiUbe:deernedthe lowest bid.
~'The Owner reserves'the right to revise all arithrhetic calaJlatiOns for correctI1$SS.
-=::~5z:'S~._&--
Printed Name:
Scott' F .PoLeuta ,Presidei1t
Apr.iJ. 20 ,2004
Date:.
Page 40
March 2004
City of Uiami BeaCh
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OO!IOO ' ,8UPPI..EMf!NTTO'..Dll"lNDERFO" · 'QUESTIONNAIRE
nllS COMPLETED'FORM SHOOLDBE.,SUBMrrrED WI11I"THE'8ID,
,HOWEVER, ANY ADDITIONAL:'INFORliAt1ON NOT INCLUDED IN THE
SUBlimED FORM ,AS DETERMINEDIN'THESOLEDlSCRETIONOF
THE CITY, SHALL BE SUBMfn'ED VUlTHIN SEVEN (7)'CALENDAR DAYS
OF THE ClTY'S REQUEST.
QUESTIONNAIRE
:" The' undersigned '8t.IthOriZ8d repl'8Ser1tative of the BickJer' cer1Ifies thetr'Llth and
accuracy of all statements and the answers eontained herein.
1. How many years' 'NIs" yourorganiz8tlonbeen In business Whilepossessq
one of the licenses, ,certifications, or registrations specified in the Invitation to
Bid.
Lrcense/CertificationlRegistratlon
state of Florida <re15C16118 ,I
ILCo:E:p. F.Ue RJIber 'm0ga...()45-6
., Years
1
Z1
1.1 What business are you i1?~1 cmt:tact:ina'
, . 2. 'Nhat is the laSt proJect d this nature that you have completed?
City of Ch1.aIg:) - Il!aIt:. of ~1..4tial.n:
Tall !lONers, 'Dep1ty 'n-.rI...imer 312';'144-3591 I Fax 312-744-3958
3. Have you ever failed to complete any Work awarded to "YOU' ? If so whete8'1d
why? " .
No
3.1. Give owner names,addr'eSSe$ and telephonel'1Umbers. '~surety
and project names. for all projects for which you have performed
March 2004
; ,
City of'MlamI-Beach
~.2l10411leGaldlll GIlNp
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work. where your mty has intervened to assiSt in completion ~ the
. 'proj8d.' whetf1er or not a claim Was made. .
1t:ln8
',4. Give 'names, addnlSses 'lU1d telephone numbers of three' .indMduals.
Corporations; agencies, or institutions for which you have petformed work:
, '
4.1 . '011.calp PIillicSc:hcols, Capi.ta1l'apmv. ~~A4
, J.im Mc!.em. PIogmn Mgi:. 125 s.Cla!:k St. Orp, II. 60603 773-J3S~3136
(name) (address) (phone#)
4:2.C1ty of Od.cago, DBP;. of Gel. Se%v.
James 0'Jraiis. 1st. Mng..DeI:utY · 30 H. IaSill.e. 0Ig0. IL 60602 312-144-052
(name) . " (address) (phone')
4.3. Met%OpW.tan Water Rec.Dlst. ~ 0Vp.
JadtFa%rml, Genl. Saper.100 E~ ExieSt~, OVp, II. 60611 312-151~
(name) (address) (phone#)
,UstthefoltCJWInginfonnation concemirig all contraCts in progress a8 of the
date of submission of this bid. (In case: ofco-venture, list the. Iriformation for
all COo'VenturorI.)
5.
. TOTAL, DATE OF ~F
NAME'OF 'OWNER& CONTRACT COMPLETION COMPLETION
pROJECTPJ:tON~' YALUe ~$ CONTRACT TODAlE
See Attached List
I
;
(Continue 1st on Insert sheet. if necessary.)
..6. Has a representative of the Bidd<<completely inspected the proposed project
and does the Bidder have a complete plan for its Performance?
Yes
Page 42
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7. Will you subcOntr8ctany part Of this work? If 8O,giv$ details induding a'list of
the subcontractor(s) that your company anticipates using on this contract.
F.H. ,Pasd1en 1d.11 Slixxl1t.tact1lOXk <Xl th:is projeCt.
VJ cUllieA -~ -:.cii+~ 1 of at" _ .
8. Wh8ttkpJiprnent do you own Ulat is~lable for tile Work'?
2003... ',01eYx0l.et1500Pic::k Up Tntck
Case Skid Steer 1846c
...: .."",,","~
9.
WhStequipment will you purchase for the proposed work?
H::r1e
10. WhatequipmemWlII you I'8fIt for th8 proposed work?
If iid!it;<nilequ.:l.puent is 'zequhed to 'CIi:IIplete aJobomer, it will be rented
to c:x:uplete the WJI:k for that'~...,... c Joo order.
. . .-. -
11. 'Statethe'name of' your ,p~ project manager and' superintendent and
give details of his or her qualifications and experience in managing. similar
work.
Josedl v. Sc:ame11i -'Proiect ~ve
:Rc:bert Olsen - Senior Project Manager
Limi:ea1 Blanc - Project ~
See Attach!d RA.:'-
'March2004
City of MiamI Beach
~OSlO41J1eBcildlln Qaup
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..,12.
State the true, exact. correct andcqmpletenameof thep8l'tnershlP.
corporation or trade name under Which you do buSiness, and the'addres8 of ..-
"the place of business. ,(If a corporatior\ state thenarne of the president and
secretary. If a partnership, state the narri&s 'of .all partners. If a trade name,
state the names of the incflViduats who do bUSiness under the trade name).
12.1. The correct name of the Bidder is
:mP''1'ecta1i.a:J Coxp. dIbIa FeB. PaSa1en,S.N.Nie1.Sen& AssOciates
, .
12.2. The business is a (Sole Proprietorship) (PsrtrtetShip) (Corporation).
Onp()mticn
12.3. " The address of principal 'place' of business 'is:
3343 W~ ,CaImen:::1Bl.Blvd. ante 107
Ft. IaudeJ:dale" PI. 33309
]
12.4. Thsnames of the corporate officets.,or partners. or individuals doirig
'business under a'1rade name, are as follows:
See Attac::i1ed List ''Di:reCtor & Officer InfomBtim"
12.5..Ust all QrgSnizations which were predecessors to Bidder or in which
the principals or officers of the Bidder were prirlCipals or officers. .
!b1e
12.6. List and cIescrib8 all bankruptcy petitions (voluntary or involuntary)
which have beenfileclbyor,against the Bidder.. Its~rent (I'
subsidiaries or predecessor, organizations during the past rave (5)
" , . years. Include 'in the desaiptiori the disposition of each such petition.
Page 44
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~02l1041'he0adtll GIaup
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12.7. U$t andclescrlbe :allsuec::essfulPelfOrtt'1anceorPayment Bond
claims made to yoursl.t8tyfl&8) during the last five (5) years. The Bat
and descr1pt1ons should include claims against the bond of theBfdder
and Its predecessor ~s).
!b1e
12.8. Uat 'all claims. ,. erbitratiOl'lS.administndive hflaringsand'lawsuits
broughtby or agidnst the. Bidder or Its predeCessor arganization{s)
'during the last five (5) yeats. The list shall Include all case names;
case. arbitration orhearingldehtification runbers;thename of the
project over which thedispubJarose; a description of the subject
matter of the dispute; and the final outcome of the claim.
Na1e
" '
12.9. .Ustand deScribe aU crimil1al proceedinos or hearings tonCeming
'business related offenses in which theBiddfJr. Its principals or
offiCers or predecessor organization(s) were defendants.
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12.1 O.HastheBidder,its prtr1clpals. officers or pr8decessor arganizallon(s)
'"been debarred or suspended from bidding by any government during
the last five (5) years? f yes. prOvide details. '
N:)
12.11. under. what eoncrllions does the Bidder requeSt Change Orders?
A '~' for ~,,'omer wt i, ocxm: if \ll':n'X,is1lMM. to the aro;ect. bv the 0lNr
thId; 1IBS not JiIentified at the JoUlt Scxlp8 .Meet1D; or 1IBS mt :inc100ed as put of the
, Iiet:a11ed Scope of 1bzk, or an urX!iscxJI1erec 0D31.1:i.m. u. Z-1 i,... cm1nr:r 'CXI1SI:%uct:ial.
12.12., What is the Bidders Job Order Contracting or indefinite quantity .
001111 acting, eXperience? If "the eldd8r has eicperience. provide all
details and the &gencyyou pteformed these'~ for, contact
namet and phOne runbersarld detells of what'type of work you
performed. If you need additional space please provide I on a
separatepaOe. .
, See' 'Att:adJeaList
12.13. explain your undetStandlng Of the JOb' Order Contract Program arid
how your finnplans on providing ,the Management to execute the
process from projeCt initlatfon throUghoutclose-out. yoUr
'Managemeot Plarlshould intIOds incIviduals 88$igned toltUs prOject
and their responsibility. Provide your Management Plan in a separate
dOcument with the details requested.
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March 2004
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00520
. ' '
SUPPLI!MENTTO 81Dfft!NDER FORM-NON ~OLLUSION
CERTIFICA.TE "
..
PRIOR TO AWARfJOF tHE CONTRACT THIS PORMMUST BE
SUBMFn'ED FORBIDDER TO BEDEEME!D RESPONSIBLE.
Submitted this ~
~ Of Apr.U
.2004.
, '
TheUl'\derSigned,8S 81dc1.-.dtK:I.....thatthe 'onlY personslnterestedlnthts
proposal ate named herein: that no other persorrhas 8'1Y Interest in this proposal Dr
in'the COt'" act to whidlthis proposal pertains; that this proposal Is made without
connection a arrangement with any other person; and that this proposal is in every
resp8ct'" and made in gOOd faIth,wlthout collusion or fraud. .
The Bidder agrees if this 'prbpOS8I' is accepted. '.toexecute an 8ppr()priate City of
MBnI ,J)eadl document for the..purpoee ofestsblishing ,8 formal contractual
relationship between the Bidder and theCit)faf Miami Beach, Florida, for the
performarice of all requirements toYA'llch the Bid pertains.
, "
The Bidclei" States 'th8t thisl)tOposIlls baSed upon the docUments' ideI'1tifiedbythe
following number. Bid No. , l'JB.14-Q3/04 :
..~~...
SIGNATURE
"Scott F. ~ah
PRINTED NAME
TITLE (IF CORPORATION)
March 2004
City of MIami Beach
~.JllOI1beGcllllil__
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SUPPLEMENT ~8IDtrENbI!RFOIdI.DRUG PREE
. ,WORKPLACE cERrlF.ICAnON
<,: . PRIOR TO AWARD OF THE CoNTRACT ntlS,FORM'MOST BESUBIlIn"ED
FOR BIDDER TO BE DEEMED RESPONSIBLE
. .
"The tJI1dei-Signed81dder hereby certified that. it will prOvide a drug.free 'workplaCe
-program bY: .
{5)
Abide 'by ~terms of the statement; 'and
Notify,'the employer in 'writing of the' "emplOyee's 'cOnviction lIid8r a
aiminal dnJg statute fora violatiOn OCCUrring in the workplace no later
than five (5) calendar days after such conviction;
Notifying Citygcwemment in writing within ten (10) Calendar days after
receiving notice under subdivision (4) ,(ii) above,from an employee or
otherwise receiving adual notice of such conviction. The notice shaD Include
the position title of the employee.
PubliShing a Statement notifying Its employeesthaUhe lI'lIaWful ~,
distribution, dispensing, possession, ,or use of a controlled subst81ce is
prohI~ed In.the offeror'sworkplace.and 'specJfyIng' the acti0n81hat will be
" taken against etnpIoyees for violations of sud1 prohibition;
EStabfi$hing a ,continuing drug-free' '-awateness program to Inform lis
employees ~
(i) The dangers.of drug ~" in'ttre workplace;
(ii) The Blddet's policy ~ maintaining a d~WOrkplace;
(iii) Any ,available drug counseling. ,rehabilitation. III'1d employee
assistance programs; and
. ,
(iv) The penalties that may be irn~ upon employees for drUg 'abu8e
Violations occurring in the workplace. .
Giving'aII 'employees engaged in'petforinance 'of the 'Contract 8 copy of the
statement required by subparagraph (1).
NotifYIng all employees, .in writing. of the'statementrequired by'subparagraph
(1 ).that as a cOncition d employment on 'a covered Contract, the employee
shall:
(I)
(ii)
II
(1)' .
(2)
(3)
;(4)
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Withirithirty(30) calendar days after receiving notice under subparagraph (4)
of a convictior\ taldng 01'18 of the following actions. with respect to an
employee who is convicted of 8 drug abuseviolatiort oceumng in the
workplace: '
, (I) Taking 'appropriate persorineI aCtiOn against such employee, up to
end iI1cIudlngtenninetion; or
", (D) Reqliiring SUCh' employee to' partiCipate' satisfactorily In a ctugebuse
...fstance or rehabilitatfon'pogram 8pproved for such purposes by a
federaI,state, or local health,law enforcement. or other apjxopriate
agency; and .
Making a gOOdfaitheffolt to maint8ina drug.ftee ~aceprogram through
~of8~(1Z(~ ..
- (Bidder Signature) .
" Scott F. ~",Pns:ldent
EHP Tecbx1ic:s CoXp.' cWa F.H. Pasci1en, S.N. "N:I.el.am & Assoc:lU
&
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, (7)
r
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STATE OF I1l.1nOOs
COUNTY OF Cook
Th8f'oregoi.,g iristrurnent was ackI1oWI8dgi,dbefore me this 2>t:h day of, ~ 1
2O..QL by, ScoI:tF.h....,I... as_
Pms1dent: , (title) of PBP Tect:mics Coxp. cJ:a F.H. Pasc:hm, SoN. Nielsen & ASBl'Xda
,(name << peIIOn whoee signature Js 'beIrv natartaed) (name ~ CDrpondIonfcompany), known to
me to ~ the person descr1bed herein, a' who ptoctuced ~l1y1nYw.ln 1-n __
as Identification. and whodlllldid not takEt8l'1 oath.
NOTARYPUBLtC:
(Print Vendor Name)
~~~~~<
(SignatUre)
KathleenH.B%a11:it,Q:mn.No. 578982
(Print Name) .
OFFICIAL SEAL
KATHLEEN H. BRANDT
NOTARY PUBLIC. STATE OF ILUNOIS
MY COMMISSION EXP!!~~,!:~1
My commission expires:ApdJ.29, 2JYJ7 '
.j
March 2004
CIty of Miami Beach
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"00540
SUPPLIEME" TO '..DITENDM. .O.....RENCH SAFETY
ACT
':,PRIOR'TOAWARD OFntI' CONTRAct THIS FORM MUST BE SU~MITTED
';' WITH BlOFOR BID TO BE DEEMED 'REsPONSIVE.
"
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'On October 1, 1$90 House Bill 3181.-knoYm as the TrErihSarety Ad. becarI1e law.
ThisinCOlp9f'8les the ~ Safety & Health AdministratiOn (qSHA) revised
~.xcavationsaf8ty standards.. citation 29 CFR.S.1926.650, as Florida's own
-$tandards.
'l'heBidder, ~virtue of thesignattn below,Sffirmsthat the Bidder is awere of this
Ad. and will comply with all applicable trench safety standards. Such asuance
Shan be legally bIridIng on aB persons employed by the Bidder and.ubconlrad01'l.
The Bidder Is ,also obligated to lderdify ,the anticipated ,method and cost of
compliance with the applicable trench "S8fetystand.rds.
BIDDER ACKNOWLEDGES THAT'lNCLUDEb IN 1rIEADJUSTMENT FACTORS
OF THE PROPOSAL ,ARE ,COSTS 'FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. "
.
FfIP TeCtxmCs Q>>:p.C!Ikv'a
~-=-
'AUthorized Signature oJ Bidder
Scx:Itt F. ~~, PIesident
Page 10 ,
CIty of MIami Beach
, ~.3I0411leGlanl8nQaap
March 2004
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00500
RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their bid, any information available regarding recycled material content in the
products bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
March 2004
City of Miami Beach
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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,
FHP Techtonlcs Corp. ,
and d/b/a! '.H.Paschen, S.N.Nlel.... & Associates
hereinafter referred to as CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the
considerations hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1. The Scope of work under this Contract :shall be determined by individual Job
Orders issued hereunder. Upon receipt of a Notice to Proceed, the
CONTRACTOR shall 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 cofltracttime 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, Job Orders will be issued for the
individual Job Orders through Notice to Proceeds. The time for
completion of individual Job Orders will be contained in the Job Order
Notice to Proceed.
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2.2. Timeis()f 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 Oamages(LDs) may be applied to individllcll Job Orders at the
discretion of the City. " The dollar amount(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 prolects 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.
2.3.1 LDsrelative to a streetsca'pe I utility project. The additional cost
realized by the City consists: of the following components:
Additional construction administration by City, Program Manager and
Consultant.
Additional resident observation by City and Program Manager.
L()ss()f use of facilities, such as loss of parking revenue,sidewalk
cafe fees, etc.
The cost realized by the City for ,extended project milestonecotnpletion
consists of the sum of the Program Management (PM) fee, the City
Construction'Management (CM) cost, additional Consultant fees that would
be incurred by the City for each day that the project completion is delayed
and those costs realized by the City for loss of facility use.
It is estirilatedthatthe PM component of City incurred expense could
reasonably consist of one resident observer ($75 per hour for 8 hours per day
= $600), one Project Coordinator ($125 per hour for 4 hour per day = $500),
and one Project Administrator ($50 per hour for 4 hours per day = $200).
Hence, the estimated PM component of the liqUidated damage value to be
used on streetscape/utilityprojects would be $1,300 per day.
March 2004
City of Miami Beach
copyright C 2004 The Gordian Group
Page 53
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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: If applicable, 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
may, in its sole discretion, deem just and reasonable.
2.5. CONTRACTOR shall be Tesponsible 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 J6bOrder RFP, plus approved time
extensions. The CITY'S and or Program construction' administration costs
shall be pursuant to the contract between CITY and Program Manager, a
copy of which is available upon request of the Contract Administrator. All,'
such costs shall be deducted from the monies due CONTRACTOR for
performance of Work under this Contract by means of unilateral credit change
orders issued by CITY as costs are incurred by Program Manager and agreed
to by CITY.
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 maybe 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 lump sum price stated in the Notice to Proceed for
each Job Order. This price shall be full compensation for all costs, including
overhead and profit, associated with. completion of all the work in full
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conformity with the requirements as stated or shown, or both, in the Contract
Documents using the following adjustment factors:
3.2.1. Normal Working Hours Construction: Contractor shall perform any or
all functions called for in the Contract Documents and the individual
project Detailed Scope of Work, scheduled during normal working
hours in the quantities specified in individual Job Orders against this
contract for the unit price Isum specified in the Construction Task
Catalog (CTC) multiplied times the adjustment factor of:
1.0251
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:
1.0345
3.2.3. Other Than Normal Working Hours Construction: Contractorshall
perform any or all functionscaUed 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:
1.0300
3.2.4. Other Than Normal Working Hours Construction with Architectural
and Engineering Services~ Contractor shall perform any or a1l
functions called for in the Contract DocUTT1ents 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:
1.0600
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
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specified in the Construction Task Catalog (CTC) multiplied times the
adjustment factor of:
1.0900
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 th~ unit price sum specified in the
Construction Task Catalog (CTC) multiplied times the adjustment
factor of:
1.1100
3.2.7. Other Than Normal Working Hours Construction using Davis Bacon
Wages: Contractor shall perfonn any or all functions called for in the
Contract DQcuments and the jndividual 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 adjustmentfactor of:
1.1100
3.2.8. Other Than Normal Working Hours Construction using Davis Bacon
Wages with Architectural and Engineering Services: Contractor shall
perform any or all functions called for in the Contract Documents and
the individual project Detailed Scope of Work, scheduled during other
than normal working hours in the quantities specified in individual Job
Orders against this contract for the unit price sum specified in the
Construction Task Catalog (eTC) multiplied times the adjustment
factor of:
1.1200
ARTICLE 4
PROGRESS PAYMENTS
4.1. For Job Orders of duration of45 days or less, the City will make only one final
payment. For Job Orders of duration of more than 45 days the contractor
may make Application for Payment forworkcol1lpleted during the Project at
intervals of not more than once a month. Contractors application shall show
a complete breakdown of the PrOject components, the quantities completed
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4.2.
4.3.
and the amount due, together with such supporting evidence as may be
required by CITY. Contractor shall include, but same shall be limited to, at
City's discretion, with each Application for Payment, an updated progress
schedule acceptable to CITY as required by the Contract Documents and a
release of liens and consent of surety relative to the work which is the subject
of the Application. Each Application for Payment shall be submitted in
triplicate to CITY for approval. CITY shall make payment to contractor within
thirty (30) days after approval by CITY of contractor's Application for Payment
and submission of an acceptable updated progress schedule.'
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 theretainage to five
percent (5%) of all monies previouslyeamed and all monies earned
thereafter. Any reduction in retainage shall be in the sole discretion of the
Contract Administrator, shall be recOmmended by CITY and CONTRACTOR
shall have no entitlement to a reduction. Any interest earned on retainage
shall accrue to the benefit of CITY. All requests for retainage reduction shall
be in writing in a separate stand alone document.
CITY may withhold, in whole or in part, payment to sLJchextent as may be
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 properly to
Subcontractors or for material or labor.
4.3.4. Damage to another contractor not remedied.
4.3.5. Liquidated damages and:costs incurred by CITY for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required
by the Contract Documents.
March 2004
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ARTICLE 5
ACCEPTANCE AND FINALPAvMi:NT
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 issuariceof the Final Certificate for Payment, contractor shall deliver
to the CITY a complete release of alllierisarising 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 W6rkhas 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
goveming final payment, except that it shall not constitute a waiver of claims.
5.4. Final payment shall be made only after the CITY Manager or his designee
has reviewed a written evaluation of the performance of contractor prepared
by the Contract Administrator, and. approved the final payment. The
acceptance of final payment shall constitute a waiver of all claims by
contractor, except those previously made in strict accordance with the
provisions of the General Conditions arid identified by contractor as unsettled
at the time of the application for final payment.
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ARTICLE 6
MISCELLANEOUS
6.1. This Contract is part of, and incorporated in,the Contract Documents as
defined herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
6.2. Where there is a conflict between ahy provision set forth Within the Contract
Documents and a more stringent state or federal provision which is applicable
to this Project, the more stringent state or federal provision shall prevail.
6.3. Public Entity Crimes:
6.3.1. In accordance with the Public Crimes Act, Section 287.133, Florida
Statutes, a person or affiliate who is a contractor, consultant or other
provider, who has been placed on the convicted vendor list following
a conviction fora public entity crime may not submit a bid on a
contract to provide any goods or services to the CITY, may not
submit a bid on a contract with the CITY for the construction or repair
of a public building or public work, may not submit bids on leases of
real property to the CITY, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract
With the CITY, and may not transact any business with the CITY in
exceSs of the threshold amount provided in Section 287.017, Florida
Statutes, for category two purchases for a period of 36 months from
the date of being placed on the convicted vendor list. Violation of this
section by Contractor shall result in cancellation of the CITY
purchase and may result in Contractor debarment.
6.4. Independent Contractor:
6.4.1. Contractor is an independent contractor under this Contract.
Services provided by Contractor pursuant to this Contract shall be
subject to the supervision of Contractor. In providing such services,
neither Contractor nor its agents shall act as officers, employees, or
agents of the CITY. This Contract shall not constitute or make the
parties a partnership or jointventure.
6.5. Third Party Beneficiaries:
6.5.1. Neither Contractor not 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 4) 2004 The Gordian Group
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For City: " " ,', ' ", ' , '" '," ". '
City of Miami Beach Proeurement'Division
1700 ConventiooCenter Drive
Miami Beach, Florida 33139
Alto: Gus Lopez
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor: ..", ,
FHP TeehtooiesCorp.d1b/aJ F.B1Paseheo, S.N.Nielsen& Associates
3343 W. Commercial Blvd., Suite 107
F.. Lauderdale. Florida 33309
Alto: Scott F.Poremba
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 portiorlof the work required by this Contract
except as authorized by Section 27 of the General Conditions.
Contractor represents. that all persons delivering the services
required by this Contract have the knowledge and skills, either by
training, experience, education, or a combination thereof. to
adequately and competently perform the duties. obligations,and
services set' forth' in the Scope of Work 'and to 'provide and perform
such services to City's satisfaction for the agreed compensation.
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6.7.2. Contractor shall perform its duties, obligations, and services under
this Contract in a skillful and respectable manner. The quality of
Contractor's performance arid' 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, arid 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 remaining provisions shall
continue to be effective unless City or Contractor elects to terminate
this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the
court becomes final.
6.10. Applicable Law and Venue:
6.10.1. This Contract shall be enforceable in Miami..Dade County, Florida,
and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein exclusive
venue for the enforcement bf same 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 provisions of this Contract.
6.1 1 Amendments:
6.11.1. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective un'esscontainedin a written
document prepared with the same or similar formality as this Contract
and executed by the Board and Contractor.
6.12 Prior Agreements:
6.8
6.9.
March 2004
City of Miami Beach
copyright C 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 terms hereof shall be ,predicated upon any prior
representations or agreements, whether oral or written. It is further
agreed that no modification,amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in
writing in accordance with Section 6.11 above.
. . - .' " . .
IN WITNESS WHEREOF, the partiesha set theirharids and seals the day
and' year first above written.
ATTEST: ~~ .~~
Robert Parcher, City Clerk
j
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUnON
1J{JIiL 6-1- Y~
Attome~ Date
Page 62
City of Miami Beach
copyright@ 2004 The Gordian Group
March 2004
~
~
Project Manual
CONTRACTOR MUST EXECUTE THIS' :CONTRACT AS ,INDICATED BELOW.
USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
~
Corporate Seal)
[If not incorporated sign below.]
EHP 'l'ecta1ic::s Corp. Q/b/a
F .H. Pasdlen, S.N: Nielsen & Associ.ates
CONTRACTOR
EHP 'l'ecta1ic::s Cmp.
F.H. Pasdlen S.N.
Name of
By
Srott F. EbTl'll'\'hq. President
(Type Namerritle Signed Above)
17th, day of June . 2004
CONTRACTOR
(Type Name Signed Above)
day of, 20
CITY REQUIRES FOUR (4) FULL-EXECUTED CONTRACTS. FOR DISTRIBUTION.
WITNESSES:
(Name)
By
(Signature)
March 2004
Page 63
City of Miami Beach
copyright@ 2OQ.( The Gbrdian GrOUI'
Document A31 0
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
PHP Tectonics Corp. dbaF.H. 'Paschen, S.N. Nielsen &: A~~~sertfullnameandaddressorlegallitleofContraclD"
8725 W. Higgins Road, Chicago, IL 60631
as Principal, hereinafter called the Principal, and
Continental Casualty Company
3500 Lacey Road, Downers Grove, ,IL 60515
a corporation duly organized under the laws of the State of Illinois
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Miami Beach (Here insert full name and address or legal title of OWne"
1700 Convention Centez Drive., MiallliBeach,FL 33139
as Obligee, hereinafter called the Obligee, in the sum of
(Here insert full name and address or legal tille of Sutety)
Fifty'l'housand and 00/100 - -- - - :- -- - -
, ,
Dollars ($50,000.00 - - - ),
for the paymentof which sum well and truly to be made,the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
JOCContract ITB 14-03/04 - Capital Improvement
Projects
(Hate insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Pi'incipalshall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the'faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principalshall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by silid bid, then this obligation shall be null and void, otherwise
to remain in full force and effect
Signed and sealed this
22
day of
Apr 11
2004
0I;)~
(Wi mess)
F.B.
(Seal)
CJuJ:at Attached)
(Witness)
Adrienne C. Stevenson
Printed in cooperation with The Amerlcen Instllue of Architects (AlA) :r, Willis. Willis vouches tha the language In the
:"'C:~nt conforms ellacUy to the Ianll_ used In AlA Doc~ment A3 0, February 1970 Edition.
1
Bond # 001
April 22, 2004
In accordance with,the Terrorism Risk 'Insurance Act of 2002, we are providing this
disclosure notice for bonds,and certaininsurarice policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by anyone or
more of the following companies (collectively the "Writing Companies'') as surety or
insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance Company
of Hartford, American Casualty Company of Reading, P A. The Firemen's Insurance
Company of Newark, NJ, and The ContinentalInsurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00). .
DISCLOSURE OF FEDERAL PARTICIPATIONlNPA YMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Form F73fO
STATE OF ILLDlOIS
COlJllTY OF COOK
On thJs 22ndday of April, , 2004,beton me
,penolUllly came AdrienneC. Stevenson to me
known, who belD. by ao dulyawom', cUd depoaeand say: that he/ahe Is
Attomey-In-Factof
Continental Casualty Canpany ,
~.' .
the CorporatioDclellc:rtbect in uct.hiCh ezecuted thefon.obl.
IDstiTl.lDent; that he/ahe lmowB the seal of aaid Corporationf that the aeal
afDxed to aalcl bultrument Is sllchcoq.orate aeal; that Is was so affixed by
authority granted to him/her ID' accordaacewlth 'the By-Lawa of the aald
Corporation, aDd that he/she aiped his/her Dame thereto by Uke
authority.
Gl~:L;\O~
" ",', " lfOTARYPUBLIC
';~'''''''''''''''eu~<<~.;o~.I''''''''~'
* ~~K;IALaeAL- ,
. ,.: ".' ',CECIUA A.AASKO, j'
~ fItt:1'(MN ~A1i ,at fiIJNoII." '
.( II( COIM$IION ..........." , ',' ,.' ",. ',,' ,',
. '~nnn~""#I"'"",,,,,,,,,,, .lIy CommiallloD Eltpires
January 3. 2007
POWER OF A'ITORNEYAPPOINTINGlNDIVIJ)UAL ATTO~NKY-IN.;FACT
Know All Men By TbesePresents, That Con.tinental C:asualtyCompany,aii Illinois cotporation, NationalFi~e InsmanceCompany of Hartford, a
Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Perinsylvania corporation (herein called "the CNA Companies"),
are duly organized and existing corporations having their principal offices in. the City of Chicago, and State of Illinois, and that they do by virtue of the
signatures and seals herein affixed hereby make, constitute and appoint
Adrienne C Stevenson, Patricia M Stein, John KJohnson, Candace T Stevenson, Samuel L Ware Jr, William T Krumm,
Individually
of Chicago, IL, their true imd lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited' Ainounts -
and to bind them thereby as fully and to the same extent as if such instruments Were signed by a duly authorized officer of their corporations and all th~
acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
'This Power of Attorney is made and executed pursuaiit to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
" ,
' ,
In Witness Whereof, the cNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 3rd day of November, 2003.
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
Vice President
OFFICIAL SEAL
ELIZA PRICE
IIlIl'NlY PUIl.IC, irATI! OF IU.tNOiII
"'__:_7_
My Cotnmission Expires September 17,2006
CERTIFICATE
I, Mary A. RibikaWskis, Assistant Secretary ofCoi1tinentaI CasualtyCollipany, an 'Illinois corporation, ;National Fire Insurance Company of
Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
22nd ~yof April 2004
Form F6853-1112001
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
.~a.~
MMy A &a. AfiWOurt --,
willi S
April 22, 2004
Telephone: 312-621-4700
Fax: 312-621-6850
Website: www.willis.com
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Direct Line: 312-621-4806
Direct Fax: 312-621-6875
E-mail: john.johnson@willis.com
Re: JOe Contract ITB 14-03/04
SUBJECT: FHP Tectonics Corp. d/b/a F.B.Paschen, S.N. Nielsen & Associates
To Whom It May Concern:
Continental Casualty Company is the surety for FHP Tectonics Corp. d/b/a F.H. Paschen, S.N.
Nielsen & Associates and Willis of Illinois, Inc. is their surety agent. Willis has had the privilege
of providing bonds for FHP Tectonics Corp. d/b/a F.H. Paschen, S.N. Nielsen & Associates for
many years. During that time, their financial strength and management capabilities have qualified
them for bonding on any project, which they have chosen to undertake. As such, we highly
recommend them for your favorable consideration on your project.
FHP Tectonics Corp. dIb/aF.H. Paschen, S.N. Nielsen & Associates has been extended a bonding
facility, which will support individual projects up to $150,000,000 and an aggregate work
program in the $500,000,000 range. Theycurtently have in excess of $400,000,000 available
bond capacity. Surety bonds are issued' through the Continental Casualty Company. Continental
Casualty Company is rated A XV by A.M. Best and is listed in the Federal Register, as well,
licensed to do business in the State of Florida.
Willis of Illinois~lnc. and Continental Casualty Company holdFHP TectonicsCorp.dIb/a F.H.
Paschen, S.N. Nielsen & Associates in the highest regard. We heartily endorse their organization
and will provide the requisite bonding should the project be awarded to FHP Tectonics Corp.
d/b/a F.H. Paschen, S.N. Nielsen & Associates This commitment is subject to acceptable
contractual and underwriting terms and conditions.
l~:U /C/?C:_
Jo K. Johnson, Att~'fact
Continental Casualty Company
Willis of Illinois, Inc.
John K. Johnson
10 S. laSalle Street
Suite 3000
Chicago, Illinois 60603
NlANAGEMENTPLAN FOR
EXECUTION OF
JOB ORDER CONTRACTING
CITY OF MIAMI BEACH, FLORIDA
JOB ORDER CONTRACT
ITB 14-03/04
PRESENTED TO:
City of Miami Beach, Florida "
Procurement Director,3rd Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
PRESENTE'D BY:
FHP Tectonics Corp. d/b/a
F.H. >Paschen,S.N.Nielsen & Associates
3343 W. Commercial Blvd, Suite 107
Ft Lauderdale, Florida 33309
,(954) 730-8503
(954)730-8504 Fax
, ,
MANAGE:NlENTPLANFOR
EXECUTION OF JOB ORDER CONTRACTING
CITY OF MIAMI BEACH, FLORIDA
,Table of Contents
Section
Construction and Operations Managem.ent Plan
1
1.0 Introduction
1.1 General Understanding of the JOC System
1.2 ApprOach to Subcontracting vs. Performance by own Forces
1.3 Development and Doclimentation of Scope of Work
1.4 Price Proposal Preparation Procedures
1.5 Insuring Accuracy of Cost Proposals
1.6 Control and Accuracy of Submittals -
1.7 Selection and Coordination of Subcohtractots
1.8 Quality and Timeliness of Construction
1.8.1 Subcontractor Quality Assurance
1.8.2 Customer Satisfaction Program
1.9 Samples of Report Formats
1.1 0 Safety and Accident Prevention
1.11 Close-Out and Correction of Unacceptable Work
1.12 Architectural and Engineering Requirements
2.0 Introduction
2.1 Organizational Chart
2.2 Responsibilities of Each Position
2.3 Project Staffing and Resumes
2.4 Project Staffing Levels
:1
Management Team
Experience Information
3
F.H.Paschen Job Order Contracts In Progress
F .H. Paschen Job Order Contracts Completed
City of Miami Beacht FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
Management Plan
Page 1-1
1. CONSTRUCTION AND OPERATIONS MANAGEMENT PLAN
1.0 Introduction
F.B. Paschen, S.N. Nielsen is a company with an extensive performance record in
virtually all aspects of construction. F.H. Paschen, S.N. Nielsen has successfully
completed each and every contract it has been awarded. We take great pride in our
ability to perform each contract to the Customer's complete satisfaction. Not only is this
superior performance mandated by executive management, it is the primary goal of all
employees of the company.
During the past fiveyears,F.H. Paschen, S.N. Nielsen, has completed $995,000,000 in
construction contracts. This equates to an average of $16,600,000 of work in place per
month. These values represent over 200 fixed price contracts totaling $807,800,000, and
35 job order/indefinite quantity contracts in the amount of$187,200,000. Additionally,
we have currently in progress over 100 fixed price contracts totaling over $200,000,000,
and 10 job order/indefinite quantity contracts totaling approximately $54,000,000.
Job OrderlIlldefinite Quantity Contractsrepresenf approximately twenty percent (20%) of
our revenue. F .H. Paschen, S.N. Nielsen has successfully performed job order contracts
for such clients as:
, ,
United Postal Service
County of Los Angeles, CA
County of San Diego, CA
The Government of Montgomery County, MD
Purdue University
MetropOlitan Water Reclamatiol1 District of Greater Chicago
City of Chicago, Dept. of General Services
City of Chicago, Dept. of Transportation
Chicago Park Pistrict
Chicago Board of Education
University of Illinois - Urbana-Champaign
As stated earlier, P .H. Paschen, S.N. Nielsen is currently performing! 0 job
Order/indefinite quantity contracts with a total value of $54,000,000. The typical job
order contract performed has 10-15 work orders in progress at anyone time. The average
work order value varies with each contract, but a typical range is $25,000 to $250,000,
with four to eight subcontractors employed on each work order.
,jUse or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 1 ~/04
1.1 GelleraJ Understanding of the Joe System
F .H.Paschen, S.N. Nielsen recognizes the unique characteristics of job order contracts.
,It is critical to the success of this contract that the selected contractor responds quickly to
the Owner's needs. This is accomplished through the installation of an experienced,
quality hands-on management staff capable of making the decisions necessary to ensure
the timely performance of this project in it's entirety. This staffwill be augmented with
support from the corporate office as required, particularly in the areas of risk
management, loss control, safety, accounting,affirmative action and administration.
Management Plan
Page 1-2
It is our assessment that the following is critical lothe operations and managem.entof this
JOe contract:
~ Management staff with docuIllented JOe experience. Education is important, but it is
our belief that experience and our extensive in-house training in this unique
contracting concept is key to the success of these projects.
~ Aunified and cooperative partnering approach with the Owner and Owner's
Representatives to ensure timely issue resolution and open path of communication.
~ Subcontractor selection based on experience and financial stability criteria.
> Quality craftsmanship in all areas of work.
>> A sophisticated tracking system to monitor all phases of the work, from proposal
pricing to work order completion.
F.H.Paschen, S.N. Nielsen will follow all guidelines as outlined in the JOC General
Conditions. To be more specific the following shall occur:
~ Await call from client to schedule joint scope.
> Meet at site to finalize scope. , "
~ Receive final scope of work and Request For Proposal (RFP)fromclient.
~ At this time, FHP/SNN will conduct field measurements and other related tasks to
complete a Progen Proposal.
>Ptesent Progen Proposal to client with the allotted tim.e frame (five days);
> Await Notice To Proceed (NTP) from client. ,
> Once Notice To Proceed (NTP) is received, FHP/SNN will schedule a pre-
construction meeting and present any required submittals for approval.
>> Schedule construction.
, '
'F.R. Paschen, S.N.Nielse:n's policy for the Joe is to give the project management staff
the authority and responsibility to operate autonomously. We have established this
policy because we believe it is in the best interest of the Owner. The Owner must have
contractor personnel available to make immediate contractual decisions without delay for
corporate approval.
"Use or disclosure of data contained on this sheet is $ubjectto the restriction on the title page of this proposal"
City of Miami Beach, FL
. JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
1.2 Approach to SUbeontractingVersusPenormance by own Forces
Management Plan
Page 1- 3
The determination as to whether or not we would subcontract would depend on the size
and complexity of the particular project, schedule, crew availability , and the best
economic interest of the Owner and F.H.Paschen, S.N. Nielsen. Not withstanding, F.H.
Paschen, S.N. Nielsen, would seek subcontractor pricing in the following disciplines:
Structural Steel
Roofing
Electrical
, Plumbing
H.V.A.C.
Landscaping
Flooring
Excavation
Paving
Painting
" Drywall
Masonry
Millwork
Glass and Glazing
Fire Protection
Concrete
It is the policy of F.B. Paschen, S.N. Nielsen to utilize subcontractors from the
geographic area where the project is located to the maximum extent practicable.The
Miami-Dade area has subcontractors in almost a11 areas of construction. When
subcontracting is warranted, we will primarily utilize local subcontractors.
We propose to use subcontractors with established track records. All proposed
subcontractors will be thoroughly checked in accordance with ourPrequalification
procedure (discussed in depth in Section 1.7) to confIrm their ability to perform the tasks
assigned, competency of personnel, employee certifications (i.e. welding, master
electrician, master plumber, etc.), and the financial solvency of the company.
Additionally references will be checked to verify past performance, adherence to
schedules, ability to pay suppliers, ability to maintain acceptable standards of quality, and
control safety as well as costs.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page ofthis proposal"
City of Miami Beach,'FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
1.3 DeveloJ)mentand Documentation of Scope of Work
Management Plan
Page 1- 4
Upon receipt of notification (verbal' or written) from the Owner of an existing
requirement, the assigned F.H. Paschen,.S.N. NielsenProject Manager and/or Estimator
will respond by either visiting the proposed work site with the Owner's representative, or
via verbal contact (at the discretion of the Owner). They will meet to discuss the work,
methods and alternatives, and further define, and ensure a complete understanding of the
scope of the requirement. From this joint scoping, preliminary quantity estimates, a
tentative construction schedule, and a date for submittal of the price proposal will be
discussed. This will form the basis for the detailed scope of work, which will be agreed
upon by both the Owner and F.R. Paschen, S.N. Nielsen.
As stated earlier, it is our belief that experience 'and extensive in-house training in this
unique contracting 'concept is key to the success of these projects. All proposed
management staff are experienced, not only in construction methods' and techniques, but
in the JOe concept as well. Each proposed team member brings his or her unique
experience to the project. The Owner reaps the dual benefit of a well-qualified and
experienced construction team, which ultimately increases quality at a lower cost than
our competition can provide.
"Use or disclosure of data contained on thiS sheet is subject td the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04,13-03/04,14-03/04
Mabagelllent Plan
Page 1- 5
1.4 Price ProDosal Prenaration Procedures
Upon establishment of the detailed scope ofwofk,and a'written request for proposal, the
Project Manager will verify the information contained in the RFP and enter the project
information into the FHPSNN tracking system. ,Estimates will be prepared by first
performing material take-offs and sizing calculations. A complete list of materials and
equipment required to perform the task will be developed. The designated estimator will
then select the appropriate items from the Constnlction Task Catalog, and include them
on the unit price sheets. After manually developing the estimate, this information will be
entered in the computer to generate an automated estimate. Explanatory notes will be
included where necessary to assist in clarifying the proposal.
Non pre~priced items will be noted as such, and will be separately identified in the
proposal. The cost will be itemized by labor, materials and equipment, and supported by
written quotations or other cost data., such as the; current R.S. Means Estimating Guide, as
necessary to support the approach selected for accomplishment of the non pre-priced
task.
The proposal will be complete in all respects and Will include all necessary support
documentation including, but not limited to, a preliminary construction schedule, material
submittals, design drawings, specifications and other technical data as required. The
proposal will be submitted to the Owner within the agreed upon time frame for
negotiation. In the absence of an agreement,theinitial proposal will be submitted within
five working days after the date of issuance of the request for proposal.
Upon notification of the Owner's acceptance of the price proposal, technical submittals
and preliminary construction schedule, a work order proposal will be submitted which
will include the final price proposal as agreed upon, list of clarifications,'final drawings,
calculations and specifications as required, cataIogcuts, final back-up for any non pre-
priced items as required, identification of all subcontractors and material suppliers and
the dollar amount of their anticipated subcontracts or purchase orders, M/W/DBE
participation and certification, special insurance if required, warranty information as wen
as the final construction schedule for the task.
Development of the Work Order Proposal is a.ccomplished with input from all members
of the project team, all of whom are experienced in the proposal preparation process.
This level of experience, coupled with the team concept assures that the Owner's time
frame can be met.
"Use or disclosure of data contained on this' sheet is subject to the restriction on the title page of this proposal"
1.5 Insurin2 Accuracv of PriceProDosals
City of Miami Beach, FL
JOC Contracts
ITS 12-03/04, 13-03/04, 14-03/04
Management Plan
Page 1- 6
Price proposals will be prepared as discussed in Section 1.4. This process begins with a
clear, concise and detailed scope of work developed from the joint scope meeting. After
verification of the RFP, estimates are prepared based on the best and most efficient
methods of performing the project, while conforming to all local, state and federal
building codes, as well as any special requirements imposed by the Owner. ,Upon
completion of the price proposal, they are again reviewed by the Project Manager and/or
General Manager of our JOe division for accuracy~ completeness, choice of line items,
and method of performing tasks, prior to submission to the owner.
"Use or diselosureof data contained on this sheet is subject to the restriction on the title page of this proposal"
CitY of Miami Beacb,FL
JOC Contracts
ITB U.03/04, 13-03/04,14-03/04
Management Plan
Page 1-7
1.6 Control and Accuracvof Subm.ittals
The tracking of submittals and approvals for materials,' catalog cuts and shop drawings is
extremely important to the smooth flow of work and to ensure that delays in procurement
of materials and construction are minimized. .Requirements for submittals will be
determined from the material and equipment lists developed in the Proposal phase and
from the project specifications. All shop drawings, samples, certifications and test results
required by the specifications will be submitted for approval.
For each job order, all required submittals will be entered in a Submittal Log. The
submittal log will be used to schedule the dates that submittals are required from the
subcontractors or suppliers, the dates they are submitted to the Owner, current status and
the date submittals are returned to the subcontractor or vendor. Each subcontractor and
, supplier will be advised of submittal requirements including the date required taking into
consideration the lead time required for preparation and approval time.
The Project Manager is authorized to tak.eall reasonable, contractual steps necessary to
assure timely receipt of submittals and shop drawings. Failure on the part of a
subcontractor or supplier to present acceptable submittal data can and will result in
disruption of their contract and removal from the company's approved
subcontractor/purchasing list.
Submittals initiated by subcontractors, suppliers, off';site fabricators or purchasing agents
will be reviewed in detail by the Project Manager to ensure contract compliance and
endorsement/certification before they are sent to the Owner. When the submittal data is
received, the date of receipt will be stamped on all copies and promptly checked to
determine compliance with the contract documents and technical specifications. The
receiving date is entered into the Submittal Log. ; Should the review of the submittal
indicate noncompliance with the contract requirements, it will be returned to the
subcontractor or vendor for correction, or, if in the opinion of the company's technical
staff or design team, the variation will provide the same level of quality or better, the
'variations will be noted and explained upon transmittal to the Owner's representative for
approval.
Upon completion of the Project Manager's review, a transmittal shall be completed for
each item listing the item number, specification number or reference and description of
the item submitted. The submittal will be transmitted to the Owner for review and
approval. The date and transmittal number will be entered into the appropriate column in
the Submittal Log. ,The Submittal Log will be reviewed by the Project Manager on a
weekly basis and ira '~Submittal Approval Required" date occurs during the reviewing
week, notification will be made to the appropriate person asa reminder.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page ofthis proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
Upon approval, copies of the approved submittal information and form will be made and
transmitted to the vendor or subcontra.ctor. An approved copy will be filed in the project
file. The date the approved submittal isteceivedand the date forwarded to the vendor or
subcontractor are entered in the appropriate colUmns on the Submittal Log.
ManagtmentPlan
Page 1-8
If a submittal is returned disapproved, the vendor or subcontractor will be notified
immediately. The disapproved submittal and Material Approval Submittal form with
annotations will be transmitted to the vendor allowing an appropriate time frame for
correction and resubmittal. A copy of the disapproved form and submittal data will be
retained by the Project Manager. The date received and transmitted to the vendor or
subcontractor and approval action required will be entered in the Submittal Log. If
timely receipt of the resubmittal is not obtained, either a reminder will be given to the
vendor or subcontractor, or another source will be identified. The information in the
resubmittal is compared to the original submittal and the comments made regarding
disapproval. If the information answers the objections raised on the original submittal, it
is resubmitted on a Material Submittal Approval form; the appropriate dates are entered
in the Submittal Log and the process begins again.
The Project Manager will ensure that lIla.terialsand equipment are neither delivered to the
jobsite nor incorporated in the work until Owner approval has been received.
Additionally, they have the responsibility of petforminginspections of materials and
equipment purchased for this contract. Materials that are received in poor condition 0'1' do
not meet specifications will be returned to the 'supplier for replacement. The Project
Manager will provide product data and maintenance and operations manuals for Owner
records. Any substitutions to or variations fom the specifications will be noted in the
submittal itself. A complete explanation will be given as to why, where and how much is
to be changed.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Mianti Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04,14~03/04
Management Plan
Page 1- 9
1. 7 Selection and Coordination of Subcontractors
F. H. Paschen, S.N. Nielsen maintains a computerized list of potential subcontractors by
region, state and trade. This list is maintained to provide call lists for solicitation and
bidding purposes. The subcontractors qualifications are then evaluated in compliance
with company policy.
We require the following information from all subcontractors prior to award of any
subcontract:
1.) Three Owner References and Phone Numbers
2.) Three Contractor References and Phone Numbers
3.) Three Architect References and Phone Numbers
4.) List of Recently Completed Projects, including Contract Value and
Duration
5.) Bank Reference and Phone Number
6.) Evidence of Insurance
7.) Insurance Agent Name and Phone Number
8.) Bonding Capacity in Dollars
9.) Bonding Agent Name and Phone Number
10.) Bonding Company and Phone Number
Subcontractors who meet the evaluation criteria will be solicited to submit proposals.
With this information, we can determine approximately how much work a subcontractor
can handle, and ensure that workloads remain within those guidelines. In addition,
potential subcontractors are interviewed to discuss all aspects of the project, including the
quick response concept that the JOC demands. We continually recruit qualified
subcontractors, to ensure proper staffing of all projects.
Upon establishment of the scope of the requirement, and a Written request for proposal,
the Project Estimator will verify the information contained in the RFP, and provide a bid
package to appropriate prequaIified subcontractors. They will contact a minimum of three
subcontractors to submit proposals on individual 'work order requirements, dependent
upon the magnitude of the individual project and the work in progress. The subcontractor
will be allowed a reasonable time to prepare and submit it's proposal based on the
magnitude of the requirement and the Owner's submission requirements placed on F.H.
Paschen,..S.N. Nielsen. All proposals will be reviewed and compared with the F.H.
Paschen, S.N. Nielsen estimate for scope verification, availability to meet schedule,
availability of manpower and materials, price reasonableness and other criteria by the
Project Manager prior to negotiations with the subcontractors.
"Use or disclosure of data contained on this sheet is subjettto 'the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Upon acceptance of a subcontractor's proposal, the Project Manager will direct the
issuance of a subcontract agreement, using our current subcontract agreement which will
incorporate the specifications, drawings, required contract clauses and provisions, and
other pertinent data for both parties signature.
Management Plan
Page 1- 10
Field coordination of subcontractors at multiple sites shall' be conducted through daily
site visits by F.R. Paschen, S.N. Nielsen Superintendents and or Project Managers.
Constant contact is established through cell phones or Nextel radio service.
Each subcontractor is given aScheduIeA,which spells out their specific assignment and
how it is to be implemented within the project. '
Prior to start-up, a pre-construction meeting is conducted with each subcontractor. As
other trades are implemented during the course of construction, each subcontractor is met
on site for final direction.
Subcontracting Goals
F.R. Paschen,S.N. Nielsen will award subcontracts to the fullest extent consistent with
efficient contract performance to small businesses and small businesses owned and
controlled by socially and economically disadvantaged individuals. It has been our
experience that small business, small disadvantaged business and small women owned
business concerns are available in the most ifnot all areas of work. However, none
dominates any specific area and all are subject to fluctuations in their own workload apart
from any influence exerted by F.H. Paschen, S.N. Nielsen. Consequently, it is not
possible to restrict anyone work area to be performed exclusively by anyone group.
Rather, we have identified subcontractors in all work areas as either minority or women
owned and will work with the subcontractors to ensure equitable distribution of '
subcontracts.
Subcontractors are a critical member of the project team, and as such,communications
between the contractor and subcontractor is vital. A pre-award conference is held as part
of the negotiation process prior to issuance of any subcontracts to review the contract
specifications, and assure a complete understanding of all the requirements of the project,
including but not limited to the technical specifications, the quality control and safety
plans established for the project, scheduling demands, as well as the contract clauses and
provisions (i.e. labor standards, EEO standards, Buy American Act, etc.).
TheF.H. Paschen, S.N. Nielsen management team will assign an individual Project
Manager andlor General Superintendent responsibility for each subcontractor's
performance which is continually monitored throughout the contract period. Daily
reports will be required of all subcontractors. Schedule commitments will be verified
daily.
"Use or disclosure oedata contained on this sheet is subject to the restriction oil the title page of this proposal;"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Management Plan '
Page 1- 11
1.8 Quality and Timeliness of Construction
F.H. Paschen, S,N. Nielsen has a commitment to quality that will be actively applied to
all aspects of work. We acknowledge our responsibility to monitor and control the
construction process and to assure that all work will be in compliance with the
requirements of the contract and project specifications.
The objective of the F.H.Paschen, S.N. Nielsen construction quality program is to
provide assurance that the construction is performed in accordance with the drawings and
specifications and applicable local, state, and federal standards, i.e., compliance to
requirements. A further objective is to produce records that will provide written
confirmation that the primary objective has been met. The construction quality program
is tailored to meet the quality surveillance, inspection, testing, and documentation
requirement for construction/installation performed by subcontractors, suppliers, and
direct field labor.
Responsibilities
1. Ensure that all work is installed in compliance with the Contract Documents.
2. Ensure that all work is completed according to established industry standards of
quality.
3. Maintain the system for the dissemination of quality control information that relates
to compliance with contract documents,quaIity standards, testing, special restrictive
requirements, inspection reporting" punch list, etc. to ensure that documents are
distributed to the proper parties for information and execution.
4. Ensure that Subcontractors prosecute the work in accordance with Contract
Documents and implement QNQC programs to accomplish QNQC,' goals.
Subcontractors are required to administer the provisions of their particular
specification section to accomplish the intent of the specifications.
5. Ensure that applicable health and safety standards are' adhered to by all parties' in the
workplace.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Management Plan
Page 1-12
Senior ProiectMal1a2er .. ResnoDsibilities
1. The Senior Project Manager is ultimately responsible for the execution of the F.H.
Paschen, S.N. Nielsen, Inc. QualityAssurance/Quality Control Program.
2. Assign Project managers andJorProject Superintendents to specific projects to
oversee compliance with the Contract Documents.
3. Ensure that quality control infonnation is disseminated to concerned parties.
4. Maintain inspection files, which include dates of inspection, results of inspection,
correction requirements, and record of corrections made.
5. Ensure that Subcontractors delineate special inspection, testing and/or other
restrictive requirements contained in the Owner's Requests for Proposals and
Purchase Orders.
6. Ensure that regular' and/or periodic inspection of work in progress is' made by
designated Company personnel, Subcontractors and Owner's personnel.
7. Issue inspection reports where required by specification or deemed appropriate.
8. Insure that applicable pennits, as-builts,O&M manuals, and warranties are properly
,,' filed and/or submitted to the Owner.
9. Conduct periodic meetings with the Owner to discuss QA/QC compliance.
10. Ensure that draWings, shop drawings, and samples comply with Contract Documents
and are suitably submitted and filed.
11. Implement a program of acceptable field mock-ups to establish quality standards
when deemed advisable.
12. Notify the Owner of any changes in the'QAlQCProgram and request approval of the
changes.
"Use or disclosure or data contained OR this sheet issubjed to the restriction on the title page,ortbispropcisal"
City of Mhuni Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
ProiedMsnau:el' ' .. Responsibilities
Management Plan
Page 1- 13
1. Implement this QAlQC Program to prosecute the work in accordance with the
Contract Documents.
2. Be cognizant of the quality requirements of all aspects of the assigned project to
assure conformance to the project specifications.
3. Identify potential and actual problems and issue directives with regard to avoidance
or correction.
4. Identify areas and items for field mock-ups to establish quality standards.
5. Direct and support field personnel as required in the resolution of any quality issues.
6. Keep fully informed of all aspects of ' the work, the drawings, specifications and
material and equipment to be inspected or tested.
7. Hold scoping meetings with successful Subcontractors prior to their starting work in
order to inform them of the ordinary and special quality control items related to their
work. This includes a review of the specifications to ensure a full understanding of
requirements.
8. Advise the Owner of inspection results.
9. Advise the Senior Project Manager of the' status of QAlQC activities.
10. Maintain communications and cooperate with the Owner.
"Use or disclosure of data contained on this sheet is subject to therestridion 'on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Management Plan
Page 1- 14
Field Support Personnel -Responsibilities
1. ,Be cognizant of all quality requirements of work under their jurisdiction.
2. Exercise overall supervisory control of inspection and testing of building construction
under their jurisdiction.
3. Inspect work and communicate with trade contractor foremen to assure' conformance
to specifications.
4. Expedite review and approval of shop drawings.
5. Exercise control of material and equipment substitutions to ensure conformance to
design drawings and specifications.
INSPECTION PROCESS
The inspection/surveillance process perfonned for both on-site and off-site work is
conducted in four phases for all definable features of work. A definable feature is one
having the same construction control requirements and accomplished by the same work
crew, For example, the control for it. concrete sidewalk could be different from a concrete
floor slab, yet the same work crew could be involved. Each control phase provides the
opportunity to prevent problems and deficiencies. Generally, construction knowledge
and experience alone, although necessary, will not get the job done. Those performing
the work must know in detail the requirements of the specific contract plans and
specifications. The four inspection phases ate as follows:
Preparatory Inspection
The preparatory phase, as it applies to a feature of work,. commences with actions in
advance of construction. This is a preparatory action which will pay dividends later by
assuring an understanding of requirements and by locating conflicts between trade items
sufficiently in advance to permit timely correction. Advance planning must be performed
to determine that all preparatory actions required prior to commencing construction have
been accomplished.
Examples of preparatory inspection include a review of contract requirements; a check to
assure that all materials and/or equipment is acceptable; verification that shop drawings,
test procedures, and other documents have been submitted and approved as required by
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page oftbis proposal"
City of MiamiBeach, FL
Joe Contracts ,
ITB 12-03/04, 13-03/04, 14-03/04
specifications; a check to assure that special process qualifications are satisfied;
verification that prerequisite work has been completed; a physical examination of
material and equipment to assure that they conform to approved drawings or submitted
data; and orientation of construction supervision and crafts to quality control programs
and contract requirements.
Management Plan
Page 1- 15
Initial Inspection
Initial inspection of each separate feature of segmeht of work is made at the outset of the
operation. This is the best opportunity to' get the work off to a proper start in full
compliance with contract requirements. This is the time to establish standards of
workmanship. If there are differences of opinion in the interpretation of requirements,
the issues can be discussed and settled at the outset of work much easier than after the
work is in place. The initial inspection is a practical method of performing preventive
inspection and reaching agreement in advance.
Examples' of initial inspection include. examination of the quality or workmanship;
configuration to contract drawings, specifications, and approved shop drawings;
compliance with material lists and equipment schedules; and a review of the inspection
and testing for compliance with the quality program and contract requirements.
Follow-up Inspection
Follow-up inspections are geared toward a level of effort to determine continuation of
compliance and workmanship established during preparatory and initial inspection
phases. Follow-up inspections will be on a daily basis to assure continued compliance to
requirements. Follow-up inspections become more productive when they are preceded
by thorough preparatory and initial inspection.
Performed to verify an item of work conforms to requirements upon substantial
completion. It is expected the construction supervisor will conduct a careful examination
of this work prior to advising that the work is complete. The [mal insPection is
performed by the Senior Project Manager and may be performed jointly with the Client.
The final inspection will be documented on "punch lists". Deficient items will be
identified and tracked through correction and acceptance.
Final Inspection
1.8.1 Subcontractor Quality Assurance
As stated previously, a pre-construction meeting is held to introduce the project staff and
discuss all aspects of the project, including, but not limited to, scheduling, manpower
requirements, safety, quality control and administration. Each subcontractor will be
represented and will assign a key member of their staff as an authorized contact person.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04,13-03/04, 14-03/04
This contact person will be available at'all times and must have the authority to make
decisions for the firm.
Management Plan
Page 1- 16
The F.R. Paschen, S.N. Nielsen management team will assign an individual Project
Manager and/or General Superintendent responsibility for each subcontractor's
performance which is continually monitored throughout the contract period. Daily
reports will be required of all subcontractors. Schedule commitments will be verified
daily.
All work will be performed in strict adherence to the Quality Control Plan developed for
the project, as well as the project specifications. As required by the contract documents,
subcontractors shall provide to F.H. Paschen, S.N. Nielsen for approval the controls and
documentation procedures that will be employed to assure and reflect that the
specification requirements are being achieved. The minimum requirements for formal
inspection, testing, and documentation will be defined in the specifications, drawings,
and other appropriate contract/procurement documents. The Project Manager will be
responsible for managing and implementing the Quality Control Program, including the
coordination of the F.H. Paschen, S.N. Nielsen Quality Control personnel, construction
quality surveillance, inspection, testing and documentation activities. They will monitor
construction and quality activities to the extent necessary to provide construction
management with adequate confidence that appropriate measures are taken to control and
achieve quality, including the control requirements established by the Program. Daily
inspections will be documented and used as a tool in development of the Trend Analysis
discussed below.
Trend Analysis
A trend analysis will be' made on two specific areas of concern, that is subcontractor
performance, and job quality by specification division. Subcontractor analysis will
provide the proj ect staff with a basis for judging qualifications for future work, as well' as
tendencies toward inferior quality and/or non;.adherence to the work schedule. This will
be accomplished by the Project Manager and/or the Quality Control Superintendents and
will include discussions of deficiencies with the subcontractor to determine the cause, as
well as provide an opportunity to improve their overall performance.
'. . - .
Quality analysis of work by division will provide information on the overall effectiveness
of the Quality Control Plan, as well as direction to the field staff as to' areas that need
expansion of knowledge, expertise and superintendence. The purpose of the trend
analysis is to identify weaknesses and prevent reoccurrence of identified deficiencies.
Subcontractor progress will be closely monitored. 'This area of control is especially
important in validating critical processes and plans necessary for all activities to maintain
schedule. Weekly meetings will be held with all subcontractors to discuss all matters
pertaining to the project. We will work closely with all subcontractors and do everything
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City 'of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
in our power to assist them in tnaintaining acceptable progress. Any subcontractor who
cannot perfonn to the terms and conditions of his subcontract will be removed from the
project and replaced.
Management Plan
Page 1-17
We have found these measures to be very effective in maint~iningthe quality and
timeliness of our construction activities, as well as ensuring a quality product for our
customers. Outstanding performance is rewarded by additional work and prompt
payment, and both F.H. Paschen, S.N. Nielsen and our subcontractors are well aware of
this fact.
1.8.2 Customer Satisfaction Program
As previously stated, the Ptoject Manager will be the focal point of contact with the
Owner in the performance of this contract. As such, this individual will be responsible
for ensdrlng the complete satisfaction of the Owner in all matters pertaining to the
project.
This effort begins at the preconstruction conference with a clear understanding of the
Owner's needs and expectations throughout the performance of the contract. The effort
continues with the pre-bid conference. All requests will be carefully scoped to 'ensure a
complete and thorough understanding of what the Owner is requesting.
Additionally, we believe close communication with the Owner is required at all levels. .
,We would request periodic management meetings that would provide the individuals
responsible for the success of the program, as well as corporate support staff to meet and
discuss relevant issues. The Project Executive will visit the project on a regular basis.
While their involvement in the project is primarily in a support capacity, it is our
intention that they will develop a good working relationship with the Owner and/or
Owner's representative, as well as an intimate knowledge of the project. It has beenour
experience that this approach promotes working relationships that ultimately affects the
success of the project.
If, for any reason, an issue cannot be resolved at the field level"the Project Executive is
available and has the authority to resolve any and all contractual issues, including, but not
limited to, legal, technical, quality or procedural issues, as well as replacement of staff.
As stated earlier, F.H. Paschen,S:N. Nielsen has cOlnpletedapptoximately $995 million
dollars in construction contracts in the last five years. We take great pride in our ability
to perfonn each contract - from the smallest to the largest, on time and to the customer's
complete satisfaction.
"Use or disclosure of data contained on this sheet is subjed to the restriction on the title page ofthis proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Experience, however is not always a good indicator of performance. The best meastireof
our achievement of quality work and customer satisfaction is the commendations from
our cUstomers. To date, F.H. Paschen, S.N.Nielsen has been honored to receive the
following awards for outstanding service:
Management Plan
Page 1- 18
2003 Black Co"ntractors United - Majority Contractor of the Year Award
2003 University of Illinois at Chicag() - South Campus Development Team - Minority,Women
and Local Business Participation. Project: Student Housing Building A
2003 City of Chicago- OUlstariding Transit Contractor of the Year
Project: CT A Jackson/State Street Platform
2002 Capitol Development Board - Certificate of Recognition for Fair Employment Practice
Advocacy.
2002 City of Chicago - Contrador Achievement Awards
Project: 126th Place and Torrence Avenue ,,'
Project: South Darnen Avenue Viaduct Reconstruction
2001 City of Chicago - Contractor Achievement Award
Project: S. Lake Shore Drive over 47th Street Viaduct.
, ,
2001 City of Chicago, Department of TranspOration - Contractor of the year Award
Project: S. Lake Shore Drive over 47th Street Viaduct.
1999 American Architecture Award:- The Chicago Athenaeum Museum of Architecture and
Design. Project: Diversey Driving Range, Lincoln Park, Chicago, IL
1999 Arnerican Institute of Architects, ChicagoCllapter -1999 Distinguished Building Award-
Honor Award. Project: Diversey Driving Range, Lincoln Park, Chicago, IL
1999 Hispanic American Construction Industry Association (HACIA) - Construction
Diversity Advocate
1998 Landmarks Preservation Council ofIllinois -Richard H. DriehausFoundationPreservation
Award for Restoration and Rehabilitation. Project: Humboldt Park Stable Restoration,
Chicago, IL
1997 Mexican American Chamber of Commerce (MACC) - MACC C()rporate Leadership Award
1997 Hispanic ArnericanCoDstruction Industry Association (BACIA).. Construction
Industry Leader - Public Sector
1997 American Subcontractors Assoc., Chicago Chapter (ASA) -General Contractor of the Year.
1996 Hispanic Arnerican ConstruetionIndustryAssociation(HACIA)- Construction
Industry Leader
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page ofthis proposal"
City of Miami Beacb,FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
Management Plan
Page 1- 19
1996 American Institute of ArchiteCts, Chicago Chapter - 1996 Distinguished Building Award.
Project: Roosevelt Road Reconstruction, Chicago, IL
1995 Federation of Women Contractors (FWt::) - Women'S Advocate Award
1994 IDOT A'Ward of Excellence - Urban Improvement Category. Project: Fox River Bridge,
Oswego,IL. This project was also selected to represent Illinois in the 1995 National Quality
Initiative (NQI) Achievement Award.
F.H. Paschen, S.N. Nielsen has consistently received positive responses resulting from
our perfonnanceand is pleased to offer a sampling of written commendations herewith:
From Owen J. Cooks,JOC Manager, Purdue University, "Myper.sonal experience with
F.H Paschen has been tremendous. Professionalism and honesty have been the norm in
my dealings with their personnel. The partnering relationship that needs to be
established in the execution of a Joe contract is definitely in place with F.H Paschenfor
this contract... Conflict, as all long term contracts will encounter, has been dealt with
fairly and honestly with open communications and a sense of commitment to resolve the
problem to produce a win-win situation. "
From James 1. Jereb; District Project ImplementationEngineer,Illinois Department of
Transportation, tlInJuly of this year the Hudson Crossing/US. 34 project was selected by
Director Slifer to represent Illinois is the 1995 National Quality Initiative Achievement
Award. During the course of a project, we always seem to concentrate on the physical
features and the associated problems, whileoveriooking the personal contributions of the
individuals. However, as we put this presentaiion together, we began to see the various
contributions involved. We truly believe that this became an award winning project due
to the individual involvement and personal commitment to quality of all parties
involved. . You and your firm are to be congratulated for all of your efforts on the
project. "
From Mary M. Meike, Principal, Chicago Public Schools, "I would like to take this
opportunity to commend you and your employees for the courteous and efficient manner
in which they have worked with the Richards Edwards School. Your staffhave been
constantly aware that they are working in an educational environment and have made
every effort to respect the educational program.. . The annex has gone efficiently, and
we are looking forward to occupying as soon aspossible. JJ
From WilliamJ. Lamendola, JOC Coordinator, University of Illinois at Urbana-
Champaign. "ffeel that one of the main reasons that our program has been a success is
because we werefortunate enough to have F.H Paschen as out JOC Contractor. Your
company provided the construction expertise, quality personnel, and sincere commitment
to be a partner with the University in our JOC program. "
I . : .:,:
"Use or disclosure ofdatll contained' on this sheet is subjedto the re!itridiononthe title page of this proposal"
City of Miami Beach, FL
JOe Contracts
ITB 12-03/04, 13-03/04, 14-03/04
These awards and commendations are a result of our strong commitment to customer .
satisfaction. When corporate management ofF.H. Paschen, S.N. Nielsen made the
decision to enter the IDQ/JOC construction market in 1986, they wanted to become a
successful participant in the field. Having seen numerous companies enter the IDQ/JOC
market, obtain numerous contracts and then, fail in a short period of time, FHP/SNN
decided to commit the resources required to make the projects work from the start. Prior
to submitting its initial bids on these projects, the company appointed one of its Vice
Presidents, Mr. Joseph Scarpelli as Project Executive of the IDQ/JOC division. Mr.
Scarpelli, together with Mr. Scott Poremba, President, jointly developed a procedure
manual for use by all locations. The procedure manual defmed our method of doing
"business and established uniform procedures for performing the work and reporting
activity to the corporate office. The effective implementation of these procedures,
combined with corporate management's regular face-to-face visits with the customer
have resulted in the completion of over $300 million in JOC projects since we entered the
market and the achievement of our ultimate goal - customer satisfaction.
Management Plan
Page 1- 20
Since customers do not renew and maximize their contracts unless they are satisfied with
the quality and timeliness of work, customer service is the primary focus of our business.
First and paramount to ensuring customer satisfaction is winning contracts at coefficients
that provide a reasonable profit for the company and are fair to the owners. In such
cases, the primary focus will shift from the bottom line to customer satisfaction. The
contractor can provide:
. Accurate and Defensible Delivery Order Proposals,
. A Quality Product
. Realistic Schedules,
. Immediate Response to Problems,
. Contract Adherence, and
. Promises They Can Keep
,In order to assure that customers' are satisfied with work that is performed in connection
with their activities and in adjacent facilities, F.H. Paschen, S.N. Nielsen has
implemented procedures which have been effective in resolving issues before they
happen and ensuring a smooth working relationship. These procedures include:
. Understanding the needs of the customers ahd others who will be'affected by
construction activity,
. Communicating the nature and schedule for activities to all individuals who may be
affected,
. Discussing methods of minimizing impact prior to' the commencement of work,
. Following the procedures and schedule discussed, and
. Verifying the effectiveness of controls implemented throughout the construction
process.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
Management Plan
Page 1- %l
In addition to communication of objectives, we propose to employ other programs that
have been successfully implemented throughout the IDQ/JOC Division. These include
our "Lessons Learned" program.
On a regular basis, the management team assigned to each of our projects performs a self-
assessment of activities, determines areas in which performance was below the
customer's expectations and develops solutions to prevent recurrence. These "Lessons
Learned" are discussed at our Project Management Meetings, which are held quarterly
for all Project Management personnel. All Senior Management and Corporate Officers
also attend these meetings. This open forum of discussion provides all attendees the
opportunity to gain from othets' mistakes,Il1ake recommendations for solutions and,
ultimately, to improve customer relations.
)
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
1.9 Samples of Report Formats
City of Miami Beach,FL
JOC Contracts
ITB 11-03/04, 13-03/04, 14-03/04
Management Plan
Page 1- 22
F.H. Paschen/S.N. Nielsen utilizes a sophisticated tracking system, developed by our
finn, which monitors the status of all delivery orders, from the first notice of a potential
RFP to final completion. The reports generated from this system are used by our staff to
keep both management and the owner fully informed of the status of all delivery/work
orders in progress. These reports are constantly evaluated and updated, and are a valuable
tool in ensuring that response times have been and will be met.
Examples of these reports ate presented at the end of this volume for your review.
Exhibit A:
Exhibit B:
Management Detail Report
Payment Status Report
"Use or disclosure of data contained on this sheet is subjedto the restriction on the title page oUhis proposal"
1.10 Safety and Accident Prevention
ManagemenfPlan
Page 1-13
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
F.H.'Paschen, S.N. Nielsen recognizes its responsibility to provide a safe work place for
all employees, and considers no discipline of our company operations more important
than safety and accident prevention. The safety of everyone concerned on our
construction projects is of prime importance to F.H. Paschen, S.N. Nielsen.
Risk Management and corpora.te safety plans are UIlder the oversight of our Vice
President of Risk Management. The Vice PresidentlRisk Management will develop a site
specific safety and accident preventionprograti1. with the help of the Project Manager
during the pre construction phase of the project. He will provide all necessary training to
project personnel and assist the project in implementing the program. Additionally, the
Vice President/Risk Management will review and approve all subcontract insurance
certificates to ensure that the interests of all parties to the contract are adequately
protected. Periodic reviews of all risk management and s,afety issues, including site visits
will be conducted throughout the project duration.
All levels of management are charged with the responsibility of providing resources and
leadership in recognizing hazards and acting to eliminate them. All of our field
employees are OSHA 30-Hour Certified. All employees must follow safe work methods
and practices that will prevent injury to themselves and their fellow employees. It is only
through this concerted effort that we can eliminate accidents and the needless hardship
that they cause.
Mr. Lyle Shear is the Vice President/Risk Management for F.H. Paschen, S.N. Nielsen.
Mr. Shear has 43 years experience in the constniction industry, of which thirty were in
loss control for projects ranging from $10-$135 million.. Mr. Shear is a member of the
American Society of Safety Engineers, the Society of Casualty Safety Engineers and
Serves on the Safety Committee of the Builder's Association of Chicago. In addition Mr.
Shear holds numerous OSHA and National Safety Council occupational safety
certifications.
The management ofF.H.Paschen, S,N. Nielsen is dedicated to our company safety and
accident prevention program, which is outlined herewith. The full contents of this
program are implemented at all project locations, and will be made available for your
review upon request.
"Use or disclosure of data contained on this sheet is subjeet to the restriction on the title page of this proposal"
City of Miami Beach,FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04'
ManagemenfPlan
Page 1- 24
F.B.Paschen I S.N.Nielsen, Inc.
INJURY ILLNESS PREVENTION PROGRAM
TABLE OF CONTENTS
I. Management Policy Statement
II. Identification of Plan Administrators
----,-
ill. General Policy Statement
IV. Objectives (}fProgram
V. Injury Illness PreventionProgram
VI. Communications
A. Support
B." Responsibilities
VII. Hazard Assessment/Hazard Correction
VIII. ,Accident/Exposure Investigation
IX. TraininglDiscipline
X. Record-keeping
Addendum Forms
I. Daily Inspection Form
2.
3.
4. Site SpecificSafety Plan
5. OSHA 301 Injutyand Illness IncidentReport
6. Custody of Fall Protection Checklist (multi-storied steel erection)
..
"Useor disclosure of data contained on this sheet is' SUbject to the restriction ontbe title page of this proposal"
I. Management Policy Statement
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Management Plan
Page 1- 25
It is the policy ofF.H. Paschen I S.N. Nielsenthat every employee is entitled to a safe and
healthful place in which to work. To this end, every reasonable effort will be made in the interest
of Accident Prevention, Fire Prevention and Health Preservation.
The management concept of this company is not production and safety; it is production
with safety. When production with safety is achieved, production efficiency is attained
simultaneously.
We at F.R. Paschen / S.N. Nielsen have a basic responsibility to make the safety of our
workers and our clients a daily concern. We are counting on each employee to do his or
her part in making our program an effective one.
There is no job so important, or any service so urgent, that we cannot take the time to
work safely. I consider the safety of our personnel to be of prime importance, and I
expect your full cooperation in making our program effective.
Sincerely,
Scott F.Poremba,
President, F.R. Paschen, S.N. Nielsen
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Mianli Beach,FL
JOC Contracts
ITB 12-03/04, 13-03104,14-03/04
Management Plan
Page 1-26
II. Identification of Plan' Administrators
The following is the "responsible person" in charge of implementing FH Paschen, S.N. Nielsen
Accident Prevention Program.
President: Scott F. Poremba
The following positions ate also responsible for implementing FH Paschen,S.N. Nielsen
Accident Prevention Program.
Vice Presidents
Safety Managers
Safety Coordinators
Proj ect Managers
Construction Managers
Field Superintendents
Foreman
In. General Policy Statement
F.H. Paschen I SN. Nielsenthrough it's management, is committed to the safety and health of all
employees and recognizes the need to comply with regulations governing injury, accident
prevention and safety.
IV. Objectives of Injury Illness Prevention Program
The primary objective of the Injury Illness Prevention Program (IIPP) is to insure a safe and
healthful workplace and compliance with United States Department of Labor Occupational Safety
and Health Administration Regulations and all other Local, State and Federal Safety Regulations.
In order to meet these objective'sF.H. Paschen, S.N.Nielsen shall;
. . , :
A. Establish and maintain an effective Injury Illness Prevention Program.
B. Provide a safe and healthy working environment for all employees.
C. Reduce the financial and human losses resulting from accidents and injuries arising
out of the course of employment. ,
D. Establish safety policies, training, etc., which will contribute to and be part of the
Injury Illness Prevention Program.
E. Establish on-going Injury Illness Prevention Programs company wide.
"Use or disclosure of data contained on this sheetissubjectto the restriction on the title page of this proposal"
City of Miami Beach,FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
ManagernentPlan
Page 1- 27
v. Injury nlnessPreventiottProgram
A. Support
All employees are expected to comply with the Injury Illness Prevention Program (IIPP). This
program reflects the Administration's concern for the safety of and it's commitment to the
policies outlined in the program. To this end, F.H. Paschen, S.N. Nielsen will make available the
resources required for the equipment, training, promotion and possible incentives.
D., Responsibilities
The Safety Manager shall be reSponsible for:
1. Maintaining all safety records required by current Local, State and Federal
Regulation.
2. Training supervision to effectivelycommu1licate safety instructions to employees
3. Advise supervisors on safety clothing, equipment and policies
4. Assisting with safety and health inspections
5. Performing initial and follow-up accident investigations
6. Performing all duties necessary to insure compliance with applicable safety and
health regulations
7. Provide "one-on-one" support to field supervisors and to assist them in carrying out
the Safety Program on our job-sites.
Superintendents and Foreman are responsible for the effective implementation and
maintenance of the Company's IIPP as follows: .
1. Establish and maintain a system of job safety analysis, safety inspections, accident
investigation, and pertinent safety performance records
2. Recognize the potential or real hazards of each project supervised
3. Assist the Safety Manager in the on-going safety training for supervisors
4. Oversee compliance with OSHA regulations with regard to specific performances
such as Tailgate Meetings
5. Continuously observe and evaluate work conditions and procedures to detect and
correct unsafe conditions and practices'and use of personal protective equipment
6. Enforce all safety rules, procedures, and policies
7. Discipline employees who do not comply with safety rules, procedures and policies
8. Provide employee orientation and training in Tailgate sessions and keep records of
such meetings
9. Promptly investigate injuries and accidents'
10. Require employees to report unsafe conditions and submit practical suggestions for
correction
11. Insure that tools, equipment and protective devices are properly maintained and
utilized
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Miami Beach,FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
12. PerforIil. all duties, which will enhance the success of the Injury Illness Prevention
Program
13. Provide safety orientation, adequate safety job training, and continuous safety
instruction for all project employees
Management Plan
Page 1- 28
All Employees:
1. Al'eresponsible forfollowingall safety rules
2. Are to report any unsafe conditions immediately
3. Are to report all accidents and injuries to their supervisor immediately
4. Are to participate in weekly tool box meetings and other required training sessions
VI. Communicatiolls
F.H.Paschen, S.N. Nielsen recognizes that open, two-way communication between management
and staff on health and safety issues is essential to an injury-free, productive workplace. The
following system of communications is designed to facilitate a continuous flow of safety and
health information between management and staff in a form that is readily understandable and
consists of one or more of the following items:
· New worker orientation, including a discussion of safety and health policies and
procedures ,
. Review of the Injury Illness Prevention Program
· Workplace safety and health training programs
. Regularly scheduled safety meetings
· Effective communication of safety and healthconcems between workers and
supervisors, including translation when necessary
. Posted or distributed safety infonnation ,
· A system for workers to anonymously inform management about workplace
hazards
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Mianli Beacb,FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Management Plan
Page 1- 29
VII. Hazard AssessmentlHazard Correction
Hazard Assessment
Periodic inspections to identify and evaluate workplace hazards shaUbe"perfonned
by the superintendent or hislher designated representative.
Inspections will be performed to the following schedule:
1. Before the project work begins to identify any hazards
2. By the Superintendent daily in construction log
3. Safety Representative will conduct daily audits and complete written weekly audit
4. When new substances, processes, procedures or equipment, which present
potential new hazards to the workplace
5. When occupational injuries and illnesses ocCur
6. When new workers are hired or there is a re-assignment of existing workers to
new job duties, or for task, which a hazard evaluation has not been previously
conducted
7. Whenever workplace conditions warrant an inspection
Hazard 'Correction
Unsafe orlulhealthy working conditions, practices, or procedures shall be corrected in a
timely manner based on the severity of the hazards. Hazards shall be corrected according
to the following procedures:
1. When they are observed
2. When an imminent hazard exists, which cannot be immediately abated without
endangering worker( s) and or property; all workers shall be removed from the
area except those necessary to correct the existing conditions. Workers necessary
to correct the hazardous condition shall be provided with the necessary protection
and training to correct the unsafe conditions
3. All action taken shall be documented
"Use or disclosure of data contained on this sheet inubject to the restriction on the title page of this proposal"
City of Miami Beach,FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
VID. Accident/Exposute Investigations
Management Plan
Page 1- 30
Procedures for investigating workplace accidents and hazardous sUbstance exposures
include:
1. Responding to the accident scene as soon8S possible
2. Interviewing injured workers and witnesses
3. Examining the workplace for factors associated With the accident/exposure
4. Determining the cause of the accident/exposure
5. Taking corrective action to prevent the accident/exposure from reoccurring
6. Recording the fmdings and corrective'action taken
IX. TraininglDiscipline
Trainine:
All workers including managers and supervisors shall have training and instruction on
general and job specific safety and health practices. Training and instruction shall be
provided as follows:
1. All new hire workers shall teceivean initiCll orientation training, which will include
our I.I.P.P. Code of Safe Work Practices, emergency action plan (site specific) to all
workers given new job assignment for which training has not been previously
provided
2. Whenever new substances,processes, procedures or equipment ate introduced into
the workplace and represents new hazard
3. Whenever the employer is made aware of anew or previously unrecognized hazards
4. To supervisors to familiarize them with the new safety and health hazards to which
workers under their immediate direction and control may be exposed.
5. To all workers with respect to hazards specific to each worker's job assignments.
6. Methods to report unsafe work conditions" work practices and injuries
'7. Use of any required personal protective clothing or equipment.
8. Information about chemical hazards to which they could be exposed to and other
hazard communication program information.
9. Availability of toilet, hand-washing and drinking water facilities
1 O. Provisions for medical services and first aid including emergency procedures.
11. Specific instructions to all workers regarding hazards unique to their job assignment,
to the extent that such information was not already covered in other training
12. Specific instructions to all workers regarding hazards unique to their job assignment,
, to the extent that such information was not already covered in other training
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of tbis proposal"
Discipline
'Management Plan
Page 1- 31
City of Miami Beach,FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
The following progressive steps of discipline will be taken when employees are in violation FH
Paschen, S.N. Nielsen's Safety Program.
1. Verbal Warning
2. Written Warning
3. Time Off without Pay
4. Dismissal
The Safety Violation Form will be the written warning issued to employees.
A violation ofFH Paschen, S.N. Nielsen's Safefy Program which results in serious injury
or property damage shall be grounds for immediate dismissal.
x. Record;';keeping
F,H, Paschen,S.N. Nielsen is a high hazard employer. We have taken the following
steps to implement and maintain our lIP Program.
1. R.ecords of hazard assessment inspections, including the person( s ) conducting the
inspection, the unsafe condition and work practices that have been identified and the
actions taken to 'correct the identified unsafe conditions and work practices, are
recorded on our hazard assessment and correct form.
2. Documentation of safety and health training for each worker, including the worker's
name or other identifier, training dates, type of training and training providers are
maintained in the worker's training file. .
3. Records will be maintained' for one year except for workers who have worked for less
than one year, which are provided to the worker upon termination of employment.
.Use or diseJosureof data ~ontainedoD this sheet is subject to the restrietionon the title pageofthis proposal"
City of Miami Beach,FL
JOC Contracts
ITB 12-03/04,13-03/04,14-03/04
Management Plan
Page 1- 32
Addendum Forms
(To be used to facilitate documentation when applicable.)
1. Daily Inspection Form
2. Code of SafeW ork Practices
3. Safety Violation Form
4. Site Specific Safety Plan
5. OSHA 301 Injury ahdlllness IncidentReport
6. Custody of Fall Protection (multi-storied steel erection projects)
"Use or disclosure of data contained on this sheet is subjeCt to the restriction olithe title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04,13-03/04,14-03/04
Management Plan
Page 1- 33
. . ."
DAILY JOB SAFETY INSPECTION
JOB NAME AND NUMBER
WEEK
Check (X) if no correction needed; (0) for not applicable; and (C) for correction
, , ,
" Mon. Tues. Wed. Thurs. Fri.
1. State Safety Orders and OSHA regulations for
construction on job? ,
2. Are walkways and runways adequate?
3. Are all exits visible and unobstructed? .' ,
4, Are ladders proDCrly constructed and secured?
5. Is housekeeping good, all unnecessary debris cleaned
up? " ,
6. Are guardrails erected around floors, openings and
other critical areas?
7. Is illumination adequate?
8. Temporary liahtinR properly protected and installed?
9. Are hard hats worn by all men?
10. Are adequate sanitation. facilities available? "
II. Are trenches and excavation properly shored?
12. Are all electrical tools guarded and grounded?
13. Are all ground connections clean and tight?
14. Adequate supply of drinking water, paper cups and
refuse containers on iob? ,
15. Is perimeter floorrailinR in place?
16. Are First Aid kits fully stocked? , ,. .
17. Are protruding nails in lumber removed? .' .'
18. Are scaffolds properly constructed?
19. . Are your men protected from falling objects? , ,',
20. Are wire, conduit, fixtures and other materials being
safely handled?
21. Are fire extinguishers provided in accessible
locations? .
22. Are protective goggles or glasses provided and worn
when there is danger of flying objects? ,
23. Has a "Tailgate" meeting been held? . ,
All these areas have been inspected. Those marked for correction have been corrected with the following
exceptions:
Superintendent/F ore man
"Use or disclosure of data contained on this sheetis subject to the restrictioll on the title page oftliisproposal"
City of Miami Beach,FL
JOC Contracts "
ITB 11-03/04, 13-03/04, 14-03/04
Management Plan
Page 1- 34
Code of Safe Practices and Operations
GENERAL
I. All persons shall follow these safe practice rules, render every possible aid to safe operations,
and report all unsafe conditions or practices to the proper authority.
2. Foreman shall insist on employees observing and obeying every rule and regulation, and
order as is necessary to the safe conduct of the work, and shall take such action as is
necessary to obtain observance.
3. All employees shall be given frequent accident prevention instructions. Instructions should
be given at least once a month.
4. Anyone known to be under the influence of intoxicating liquor or drugs shall not be allowed
on the job while in that condition. , ,
S. Horseplay, scuffling, and other acts which tend to have an' adverse influence on the safety or
'well being of the employees are prohibited.
6. Work shall be well planned and supervised to forestall injuries in the handling of heavy
materials and in working together with equipment.
7. No one shall knowingly be permitted or required to work while his ability or alertness is so
impaired by fatigue, illness, or other causes that it might unnecessarily expose him or others
to injury.
8. Employees shall not enterinariholes; underground vaults,charnbers~tanks, silos or other
- similar places that receive little ventilation, unless it has been determined that the air contains
no flammable or toxic gases or vapors. Ventilate thoroughly, ifno means of testing is
available.
9. Employees shall be alert to seethat all guards and other protective devices are in proper
places and adjusted, and shall report deficiencies promptly to the foreman or superintendent.
10. Crowding or pushing when boarding or leaving any vehicle or other conveyance is
prohibited. ",
I I. Workers shall not: handle or tamper with any electrical equipment, machinery or air or water
lines in a manner not within the scope of their duties, unless they have received instructions
from their foreman.
12. All injuries must be reported promptly to an authorized representative of the employer so that
arrangements can be made for medical or first aid treatment (Generic Contractor) will not be
responsible for accidents hat are not reported within two days of an injury.
13. When lifting heavy objects, use the large muscles of the leg instead of the smaller muscles of
the back.
14. Shoes with thin or badly worn soles shallnotbe worn.
IS. Do not throw material, tools, or other objects from buildings or structures until proper
precautions are taken to protect others from the falling object hazard.
16. Wash thoroughly after handling injurious or poisonous substances, and follow all special
instructions from authorized sources regarding this matter. Hands should be thoroughly
cleaned just prior to eating, if they have been in contact with paint or similar substances.
17. Hard hats are to be worn when you are exposed to flying or falling objects from above.
"Useordiscfosure of data contained on this sheet issubjec:tto tbe restriction on tbe title page of tbis proposal"
City ()IMiami Beach,.FL
JOC Contracts
ITB 12-03/04,13-03/04,14-03/04
Management Plan
Page 1-35
CODE OF SAFE PRACTICES AND OPERATIONS
18. Arrange work so that you are able to face ladder and use both handswhile climbing.
19. Gasoline shall not be used for cleaning purposes. .
20. No burning, welding, or other sources of ignition shall be applied to any enclosed tank,or
vessel, even if there are some openings,. until it has first been determined that no possibility of
explosion exists, and authority for the work is obtained from the employer's representative.
2 I. Any damage to scaffold, falsework, or other supporting structures must be repaired or
reported promptly to the foreman. . . ... .
22. Safety harness and anchored lanyard, (Fall Arrest System) must be used by anyone working
on elevated surfaces without standard Fall Protection.
USE OF TOOLS AND EQUIPMENT
23. Keep faces of hammers in good working conditions to avoid flying nails and bruised fingers.
24. Where there is a risk of receiving eye injuries, safety glasses will be worn. Face shields will
be worn in addition to safety glasses when the face is exposed to flying debris.
25. Do not use pipe or Stilson wrenches asa substitute for other wrenches.
26. Wrenches should not be altered by the addition. of handle-extension or "cheaters."
27. Do not "wedge up" the guard on skill saws. .
28. Do not remove or modify the manufacturers guard on radial arm or table saws.
29. Do not work on a scaffold of6 foot or more unless there are handrails on scaffold.
30. Do no push wheelbarrow with handles in an upright position. .
31. Do not I ift or lower portable electric tools where cars or trucks will run over them.
32. Do not leave the cords of portable electric tools where cars or trucks will run over them.
33. In locations where the handling of a portable power tool is a problem, try handling it form
some stable object, by means of a rope or similar support of adequate strength.
MACHINERY AND VEmCLES
34. Do not attempt to operate machinery or equipment without special pefinission, or unless that
is one of your regular duties and you have been properly trained.
35. Loose or frayed clothing, dangling ties, finer rings, etc., shall not be worn around moving
machinery or other sources of entanglement.
36.. Machinery shall not be repaired or adjusted while in operation, nor shall oiling of moving
parts be attempted, except on equipment that is designed or fitted with safeguards to protect
. the person performing the work.
37. Do not work under vehicles supported by jacks or chain hoists, without protective blocking
that will prevent injury if jacks or hoists should fail.
38. Air hoses should not be disconnected at compressor until hose line has beenbled.
39. Examine excavation before back filling; so as. to be positive no one is in it.
40. Be sure no one is below, before operating excavating equipment near tops of cuts, banks,and
cliffs.
41. Operations of tractors, bulldozers and carryalls should be handled with care where there is a
possibility of overturning in dangerous areas like edges of deep fills, cut banks, and steep
slopes.
Date:
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal'i
City 01 Miami Beach,FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Management Plan
Page 1- 36
SAFETY VIOLATION
Employee's Name:
Job Name:
Job Number:
Job Address:
VIOLATION
o Hard Hat . o Saw Guard
o Eye Protection o Ladders
o Fall Protection o Safe Tool Usa~e
o Harness . o Other
Description:
F.B. Paschen, S.N.
Nielsen
By:
VI. Sign
VII. Sign
. . .
The followin2 Drol!l'Cssive stens of disCipline will betaken when erilDlovees are in violation ofFHPlSNN's safety DfI)l!lllITI
I. Verbal Warning
2. . Written Warning
3. Time off without Pay
4. Dismissal
A violation of F.H.Paschen, S.N. Nielsen's Safety Program which results in serious injury or
property damage shall be grounds for immediate dismissal.
Site Specific Safety Plan
Code of Federal Regulations Part 1926 Construction Industry and all other applicable
laws and regulations shall be utilized to develop a Site Specific Safety Plan as may be
required to safely perform all work on the construction site. All Site Specific Safety
Plans including Subcontractors Plans shall be incorporated in this program. Special
procedures to facilitate safety in regard to ongoing operations of the project owners are to
be included iri the Site Specific Safety Plan.
"Use or disclosure of data contained on this sheet is subject to the restriction 00 the title page oftbis proposal"
This injury and illness report is one ofthefltSt fonns you must fill out when a recordable work-related
injury or illness has occurred. Together with the Log of Work-Related Injuries and Illnesses and the
accompanying Summary, these fonns help the employer and OSHA develop a picture of the extent and
severity of work-related incidents. Within 7 calendar days after you receive information that a recordable
work-related injury or illness has occurred, you must fill out this fonn or any equivalent. According to
Public Law 91-596 and OSHA record keeping rules a copy to this fonn must be kept on file for 5 years. A
copy of this fonn shall serve as our first report of injury to our Worker Compensation Carrier and should be
sent to F.H. Paschen, S.N. Nielsen attention the Vice President of Risk Management
City of Miami Beacb, FL
JOC Contracts
ITB 12-03/04,13-03/04, 14-03/04
Management Plan
Page 1-37
. OSHA'sForm 301
Injury and Illness Incident Report
Form 301 Completed by
Phone
Date
Informa.tion about the employee
1) Full Name
2) Street City
3) Date of birth I
4) Date of hire I
5) Male Female
Zip
State
I
I
...
Informa.tion. a bout the physician or other health care professional
6) Name of physician or other health care professional
7) If treatment was given away from the worksite, where was it given?
8) Was employee treated in an emergency room?
9) Was employee hospitalized overnight as an in -patient?
Information about tbe case
Job Number
10) Case Number from the Lo~
11) Date of Injury or Illness
12) Time employee began work
13) Time of event AMlPM
14) What was the employee doing just before the inCident occurred? Describe the activity, as
well as the tools, equipment, or material the employee was using. Be specific. Examples:
"climbing a ladder while carrying roofing materials" "spraying chlorine from hand sprayer"
/
(caU 708 846 7004 to obtain number)
/
AMlPM
15}What happened? Tell how the injury occurred. Example "When ladder slipped on wet floor,
worker fell 20 feet" "worker was sprayed with chlorine when gasket broke during replacement"
16) What was the injury or Illness? Part of body atfectedand how it was affected.
17) What was the substance directlyharined the employee? Example concrete floor "'-chlorine
18) Ifthe employee died, when did death occur? / I
"Use or disclosure of data contained on this sheet. is subject to the restriction on the title page of this proposal"
City ofMiallliBeach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Custody of Pall Protection . Checklist
Multi-storied steel erection projects
Management Plan
Page 1- 38
Subpart R ....;Steel Erection #19263760 Fall Protection (e)
Fall protection provided by the steel erector shall remain in the.area where steel erection activity
has been completed, to be used by other trades, only if the controlling contractor or its authorized
representative::
(1) Has directed the steel erector to leave the fall protection in place: and
(2) Has inspected and accepted control and responsibility of the fall protection prior
to authorizing persons other than steel erectors to work in the area.
The following checklistshall be used to document compliance with this section of
Subpart - R
Guard cables installed are at least 3/8"
Cables are secured with at least 3 clips
Cables have less than 2" deflection
Cables are in good condition
Cables are flagged every 6 feet
Cables are adequately secured by gusset
Plates, or holes fabricated in the columns
Does F.H. Paschen, S.N. Nielsen
accept responsibility for the perimeter
Cables covered by this checklist?
Floor Number Covered by this check list Floor Area covered
List of any correctors necessary prior to acceptance of this floor
Name of contractor to be responsible for guard cable maintenance as of this
date:
Signature of Steel Erecto Representative
Signature ofF.H. Paschen, S.N. Nielsen
Representative
DATE
PROJECT NAME
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page ofthis proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
1.11 Clos~Out and Correction of Unacceptable Work
Management Plan
Page 1- 39
F.H. Paschen, S.N. Nielsen fully recognizes that it is in the best interests of all parties
concerned to close out projects in a timely manrier. Upon completion of a particular
work order, the Project Manager will commence compiling the final close-out records for
transmittal to the City.
As-built drawings will be maintained during the progress of the work order, and updated
as necessary to reflect the actual condition of the work in progress. At completion of a
work order, said drawings will be completed by all trades and returned to F.H. Paschen
within two weeks for review. After review, the drawings willbe revised to reflect the
final "as-built" condition by F.R. Paschen, S.N. Nielsen or it's subcontractor, reviewed
for accuracy and completeness, and submitted to.the Owner.
Upon substantial completion of a work order, a pre-final inspection will be made to
verify that the work is ready for fmal inspection. Any remaining work to be performed,
and any deficiencies to be corrected will be noted, resulting in the Contractor's Punch
List. This punch list work will commence immediately, and be continuously prosecuted
until all items have been completed. A final inspection will be made by the Contractor's
management team. to verify that all items have been completed and/or corrected, prior to
requesting a final inspection with the Owner and/or his designated representative.
It is our intention that all work will be complete atthe time of the Owner's inspection,
and not result in further punch lists. However, in the event that the Owner does issue a
punch list, all work will commence immediately and be vigorously prosecuted to ensure
timely completion. Subcontractors will be expected to adhere to the same schedule. If
they fail to comply, we will proceed with their work and backcharge them for the direct
costs involved.
Upon acceptance of the work, as-built drawings, operating and maintenance manuals,
..record of materials used and all other required documentation will be submitted to the
Owner at or prior to the final pay application.
All work performed will be in strict compliance with the quality control program
established for this project. These quality control measures will be actively applied to aU
aspects of the project, which we believe in and of itself minimizes deficiencies, and
therefore the need for corrective action and/or rework. The quality control plan
establishes the inspection/surveillance processes for all definable features of work.
Additionally, whenever possible, we recommend that at the time a new activity begins on
a delivery order, the initial installation of a small area, a unit, a piece, etc., be inspected
jointly by the Owner's representative and F.H.Paschen, S.N. Nielsen Quality Control
personnel to establish an acceptable level of quality for that activity. We have found the
"mock-up" approach to be very beneficial in both maintaining quality progress and
eliminating rework.
"Use or disclosure of data contained on this sheet issllbject to the restriction onthe title page of this proposal"
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2.0 Introduction
City of Miami Beach, FL
JOC Contracts .
ITB 12-03/04, 13..03/04,14-03/04
ManagemenfPlan
Page 2- 1
2.
F.H. Paschen, S.N. Nielsen recogIlizesthe unique characteristics of job order contracts. It is
critical to the success of this contract that the selected contractor responds quickly to the
Owners needs. This is accomplished through the installation of an experienced, quality
hands-on management staff capable of making the decisions necessary to ensure the timely
perfonmmce of this project in it's entirety. This staffwill be augmented with support from the
corporate office as required, particularly in the areas of risk management, loss control, safety,
accounting, affirmative action and administration.
As stated in Section I, Construction and Opera.tions Management Plan, it is our. asseSSment
that the following is critical to the operations and management of this JOC contract:
~ Management staffwith documentedJOC experience. Education is important, but it is our
belief that experience and our extensive in-house training in this unique contracting
concept is key to the success of these projects.
.. .
The criteria for initiating this type of contract lies in the effective coordination and .
management of both manpower and subcontractors at multiple locations throughout the
project. Key to this criteria is the ability ofF.H.Paschen, S.N. Nielsen's on-site staff to
perform these functions effectively and efficiently. The philosophy used to develop the
organization structure discussed in this volume of the proposal is to provide an experienced,
quality hands-on management staff capa.bleof making the decisions necessary to ensure the
timely performance of this project in it's entirety.
F.R. Paschen, S.N. Nielsen policyfor the Joe is to give the projecftnanagement staff the
authority and responsibility to operate autonomously. We have established this policy
because we believe it is in the best interest of the Owner. The Owner must have contractor
personnel immediately available to make contractual decisions on the spot without delay for
corporate approval.
"Use or disclosureofclata contained on this sheet is subject to the restriction oll the title page of this proposal".
2.1 Ore:anizational Chart
City of Miami Beach, FL
JOC Contracts
lTB 12-03/04, 13-03/04, 14-03/04
Management Plan
Page 2- 2
As reflected in the enclosed project organizational chart (Exhibit 2.1), the initial F .H.
Paschen, S.N. Nielsen management team assigned to this project will consist ofa Project
Executive,. Senior Project Manager and Project Manager/Superintendent. This staff will be
augmented with support from the corporate office as required, particularly in the areas of risk.
management, loss control, safety, accounting and administration, and affirmative
action/equal employment opportunity, as reflected in our corporate organizational chart
(Exhibit 2.1.1). This is our planned initial staffing only, which can be expanded depending
on the quantity and timing of work orders issued. Additional field staff can be transferred to
this contract as determined by the workload.
F.H. Paschen,S.N. Nielsen's policy for the" JOe is to give the project management staff the
authority and responsibility to operate autonomously. We have established this policy
because we believe it is in the best interest of the Owner. The Owner must have contract9r
personnel immediately available to make contractual decisions on the spot without delay for
corporate approval.
With this policy established, the Home Office will, however, be readily available for any
assistance the Project staff may need. Areas of home office assistance to the project are as
follows:
Accounting/Financial
The FHPSNN accounting system is established at out corporate office in Chicago, IL under.
the management of Timothy J. Pearson, Vice PresidentIFinance. All project related expenses
will be administered, monitored and checks will be issued to the project through the
corporate office. Project cost and labor distribution reports are generated monthly and
forwarded to the project for review and concurrence. The Vice PresidentlFinance and
members of his accounting staff will coordinate the financial and cost information needs of
the project, and will be in close communication with the on-site management staff throughout
the. duration of the contract.
AdministrativeSu~~ort
An Office Manager will be assigned to the project from the JOe division. This individual
will direct and coordinate all administrative requirements of the project including contract
administration, payroll, filing, communications, and work documentation procedures. The
Office Manager will be responsible for contract administration, project accounting,
communications and related administrative support.
. Coordinates the preparation and iSsuance of purchase orders/subcontracts. · Insures tenns
and conditions of in-house contractual instruments meet the requirements of prime contract.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-'03/04, J3.~03/04,14-03/04
Management Plan
Page 2- 3
. Processes subcontractor payrolls to Owner. Reviews all labor standard interviews.
conducted by the field superintendent for violations of the Davis-Bacon act and takes action
on all discrepancies reported. DocumentS all violations.
. Reviews subcontractor and vendor invoices for proper format, content, and correctness.
Processes correct invoices to Corporate Office. Maintains progress payment files, including
lien waivers and checks released. . .. .
. Maintenance of all accounting records, tracking of all pay requests.
· Distributes monthly cost reports to appropriate staff. Reviews expenditures and coding for
accuracy.
· Reviews time cards for accuracy and processes to Corporate . Office payroll department.
. Maintenance of the project records, and general administrative assistance to the project
staff.
. W orksclosely with. other divisions to stay abreast of subcontractor performance and related
issues.
. Directs the activities of and assignments to clerical staff.
Risk Management
Risk Managemeht and corporate safety plans are under the oversight of our Vice President of
Risk Management. The Vice President/R.isk Management will develop a site-specific safety
and accident prevention program with the help of the Project Manager during the pre
construction phase of the project. He will provide all necessary training to project personnel
and assist the project in implementing the program. Additionally, the Vice President/R.isk
Management will review and approve all subcontract insurance certificates to ensure that the
interests of all parties to the contract are adequately protected. Periodic reviews of all risk
management and safety issues, including site visits will be conducted throughout the project
duration.
Mr.. Lyle Shear is the Vice President/R.isk Management for F.H. . Paschen, S.N. Nielsen. Mr.
Shear has 43 years experience in the construction industry, of which thirty were in loss
control for projects ranging from $10 - $135 millIon. Mr. Shear is a member of the
American Society of Safety Engineers, the Society of Casualty Safety Engineers and serves
on the Safety Committee of the Builder'S Association of Chicago. In addition, Mr. Shear
holds numerous OSHA and National SafetyColincil occupational safety certifications.
Affirmative Action and Equal Employment Opportunity
Affirmative Action and Equal OpportunitY issues are under the oversight of our corporate
. Contract Compliance Officer. The Contract Compliance Officer will implement a program
- to ensure that minority and female craft workers as well as subcontractors are participating to
the fullest extent possible. This program will include steps that must be taken to assure
"Use or disclosilreof data contained on this sheet is subject to the restriction on the title page of this proposal"
. City of Miami.Beach, FL
JOC Contracts
.ITB 12-03/04,13-03/04,14-03/04
Management Plan
Page 2- 4
participation; as well as guidelines for documenting out efforts in this regard. The Contract
Compliance Officer will conduct monthly analysis of workforce utilization/subcontract
participation and review with both project and corporate management. Areas for
improvement will be documented, and follow-up on the resultant action will be monitored.
Ms. Karen Howell is the Contract Compliance Officer for F.H. Paschen, S.N. Nielsen. Prior
to joining our fum she waS Associate Director for Chicago Women in Trades, an advocacy
and support organization assisting women to enter into and remain in the skilled construction
trades, as well as served ten years in the U.S. Air Force.
Proiect Executive
The Project Executive plans, directs and coordinates all activities of the JOC requiremenfto
insure that goals, aims, or objectives specified for successful operations are accomplished in
accordance with prescribed priorities, time limitations and funding constraints.
The Project Executive will be well versed in allphasesofeonstr\lction work procedures. This
position requires a minimum of ten years direct management experience in all aspects of
quality construction, as well as estimating, engineering and procurement. The Project
Executive must demonstrate a proven background in all disciplines, and a recognized ability
to manage a number of diversified staff and activities simultaneously.
The Project Executive is extremely well versed in all aspects of JOe operations, and is
instrumental in establishing the project office, staffing, administrative and management
procedures to be followed in the execution of the contract, as well as monitoring the project
progress schedule once operations ate underway. The Project Executive will spend his time
at the on-site field office, if one is established, until the project is fully staffed and
operational to the mutual satisfaction of the Owner and F.H. Paschen, S.N. Nielsen
management.
Thereafter, he willvisitthe project on a :regular basis to meet with the field staff and monitor
project quality and progress. The Project Executive also provides a resource for assistance
during periods of increased volwne, or unusual circumstances (such as an extended absence),
and will coordinate the diversion of corporate. specialty personnel to the project site if the
need arises.
. , . .
Mr. Joseph Scarpelli will serve as the Project Executive forthis contract, and will be the
liaison between the project and the corporate office. Mr. Scarpelli has twenty-one years
construction experience, with special emphasis on estimating and operations management.
As Executive Vice President of Chicago and Florida JOC Operations for the company, he
oversees all area job order and indefinite quantity contracts. He will be the primary contact
for quality issues between F.H. Paschen, S.N. Nielsen and the City of Miami Beach, FL.
.Use or disclosure of data contained on this sheet is Subject to the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB lz.:.03/04, 13-03/04,14-03/04
Managemebt Plab
Page 2- 5
While the Home Office.Will retain corporate responsibility for Successful operation of the
JOe requirement, as stated our main support will be supervisory in nature. The Home Office
evaluates project management staff and subcontract performance through monthly (at
minimum) reviews of project reports, scheduleilpdates, cost reports, and contractual files to
ellSure timely response to our customers, as well as adequate audit trails of all actions. The
President and Executive Vice-President bothconduclregular interviews with on-site
personnel to ensure that morale remains high, that the project is progressing satisfactorily,
and that our commitment to the owner, and the needs of the project staff are being met.
j'Use or disclosure of data contained on thissbeetis subject to the restrictioD 011 tbe title page oftbls proposali.
Miami Beach, Florida
. Job Order Contract
. . . .'
t=HP Tectonics Corp. dbaF.H.Paschen,
S.N. Nielsen & Associates
Project Organization Chart
PROJECT ORGANIZATION CHART
Project Mgr. /
Superintendent
Limreal BlaDC
\
Project
Executive
Joe Scarpelli
Senior Project
Manager
Rob Olsen
Office
Manager
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Management Plan
Page 2- 8
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
2.2 Responsibilities of Each. Position
The. Senior PrOject Manager,. under the guidance of the Project Executive, . plans, directs and
coordinates all activities of the JOC requirement to insure that goals, aims, or objectives
specified for successful operations are accomplished in accordance with prescribed priorities,
time limitations and funding constraints. He/She has the ultimate responsibility for all aspects of
the project. This individual will be the focal point of contact between the Owner and F .H.
Paschen, S.N. Nielsen staff.
The Senior Project Manager has the overall managementtesponsibility for all aspects of the
project, including quality control, and will beatithorized to make all decisions necessary to
perform the day-to-day operations of the project. These areas include, but are not limited to,
scoping, pricing, negotiating, procurement and subcontracting of delivery orders. The Project
. Manager will oversee all staff functions, and will designate reasonable authority to the staff
as he deems necessary in the performance of their assigned duties.
The Senior Project Manager will be well versed in all phases of facilities management and
construction work procedures. . This position requires a minimum of ten years direct
management experience in all aspects of quality constrUction, as well as estimating,
engineering and procurement. The Senior Project Manager will be a skilled, experienced
hands-on manager with a proven background in all disciplines, and a recognized ability to
manage a number of diversified activities simultaneously. He will be a people oriented
manager who combines technical and analytical skills, capacity for detail, and the ability to
consistently produce high quality results.
Proiect Manager/Superintendent:
The Project Manager/Superintendent directs activities. of workers andsubcontrattors
concerned with renovation, rehabilitation, constrUction of buildings, streets, pipelines or other
.. construction projects. The project manager will plan procedures for each phase of
construction based on knowledge of various building methods. These duties include,
subcontract coordination, material and equipment procurement, preparation of shop
drawings, submittals, and change orders, as well as other duties as assigned by the Project
Manager. Additionally, the Project Managers assigned to this project perform all activities
connected with preparing job cost elements in accordance with the plans, specifications and
contract requirements. The Project Managers will solicit and evaluate subcontractor
. proposals, conduct pre-award meetings with the subcontractor, and make recommendations
to the Project Manager for award, as well as handle all procurement of materials and
equipment required in the performance of the project.
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal"
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 1~03/04
Management Plan
Page 2- 9
. Studies specifications and plans,determines 'accumtemeasurements, quantities, and
equipment needed. . ...
. Visits job site to compare actual conditions with plans and specifications.
.. Possess an intimate knowledge of job conclitions,the most practical methods of handling
materials and labor on the job and the most economical means of construction.
. Possess a working knowledge of laborperfoimance standards and operations to know
how long particular tasks will normally take.
. Reviews and confers directly with subcontractors and suppliers in questioning costs.
. Briefs Project Manager and others on costs and rationale and accepts appropriate
recommendations.
. Directs the procurement of materials and eqUipment as needed.
. Assists in the negotiating terms and conditions of subcontracts to insure appropriate
specialized craftwork, Le.,electrlcal, structural steel, concrete, plumbing, etc. is properly
contracted. Identifies materials, supplies, and equipment for purchasing.
. Conducts weekly progress meetings with Subcontractor and staff.
. Studies specifications to plan procedures for construction on basis of starting and
completion times and staffing requirements for each delivery order and phase of
construction based on knowledge of tools, equipment and various building methods.
. Assembles members of site organization (supervisory ,engineering and other workers) and
subcontractors at start of project to plan procedures for timely completion of projects.
Confers with and directs personnel and subcontractors in planning and executing work
procedures, interPreting specifications and coordinating various phases of construction to
prevent delays.. .
. Confers with other division supelvisory and engineering personnel, inspectors, suppliers and
subcontractors to resolve construction problen:l.s and improve construction methods.
. Inspects work. in progress to insure that workmanship conforms to specifications and
construction schedules are met.
. Monitors subcontractor's performance and documents the results. Coordinates start dates;,
. processes correspondence, conducts meeting, clarifies contract requirements, etc.
. Prepares and/or receives from subordinates reports on progress, materials used and costs and
adjusts work schedules if required.
. Insures construction work performed is in accordance with plans, blueprints, codes and
other specifications.
. Plans layout of projects and integrates engineering elements into UIlified design, as required.
.. Prepares scale and full-size drawings for customer, if required.
. Furnishes sample recommendations and shop drawing to customer.
. Prepares operating and maintenance manuals, studies and reports.
. Determines need for outside architect';engineering support and advises ProjecfManager.
"Use or disclosure of data contained on this sheet IS subject to the restriction on the title page of this proposal"
Superintendent:
Management Plan
Page 2- 10
City. of Miami Beach,FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14..03/04
The superintendent will. be responsible for direction of the day to day field operations,
including scheduling, direction of subcontractors, coordination of trades, and all field safety
issues. He will ensure that all work is being performed in accordance with the plans,
specificatioIlS, local codes and the quality control plan.
. Studies specifications to plan procedures for construction on basis of starting and
completion times and staffing requirements for each delivery order and phase of
construction based on knowledge of tools, equipment and various building methods.
. Assembles members of site organization (supervisory, engineering and other workers) and
subcontractors at start of project to plan procedures for timely completion of projects. ·
Confers with and directs personnel and subcolltractors in planning and executing work
procedures, interpreting specifications and coordinating various phases of construction to
prevent delays.
. Designates workers directly or thr6ughsubordinate lead TradeSInen according to type of
project, work or construction activity involved.
. Insures construction work perform.ed is in a.ccordance with plans, blueprints, codes and
other specifications.
. Plans layout of projects and integrates engineering elements into unified desigll, as required.
. Enforces the Quality Control Plan, conducts inspections and implements corrective action.
. other specifications. . . .. . . .
. Coordinates inspections with the Quality Control staff and implements their directions.
. Enforces the company safety plan
. Conducts field safety meetings, and documents all safety issues.
. ..
"Use or disclosure ofdata contained on this sheet is subject to the redrictionon the title page ortbis proposal"
2.3
City ()f Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Management Piau
Page 2- 11
ProiectExecutive
Mr. Joseph Scarpelli will serve as the Project Executive for this contract, and will be the
liaison between the project and the corporate office. . Mr. Scarpelli has twenty-one years
construction experience and six years with FHP/SNN, with special emphasis on estimating
and operations management. As Executive Vice President of Chicago and Florida JOC
Operations for the company, he oversees all area job order and indefinite quantity contracts.
He will be the primary contact for quality issuesbetweenFHP ISNN and the City of Miami
Beach, FL. Please refer to Mr. Scarpelli's resume attached.
Senior Prolect Manager
. .
Mr. Robert Olsen is a graduate of Purdue University, with a B.S. in Building Construction
and Contracting. Mr. Olsen has 15 years experience in construction with special emphasis in
JOC Contracts. His previous assignments as Senior Project Manager include over $17
million in JOe contracts for the University of Illinois~ Purdue University & Ohio State
University as well as many renovation projects. Please refer to Mr. Olsen's resume attached.
Prolect ManagerlSuoerintendent
Mr..Limreal Blanc will serve.as the Project ManagerlSuperintendent for this contract. He.has
15 years experience in construction and 9 years experience working within the Miami-Dade
metro area. Please refer to Mr. Blanc's resum.e attached.
"Use or disclosure of data contained on this sbeet is subject to the restriction on the titJepage oftltis proposal"
JOSEPH SCARPELLI . .
Executive Vice PresidentlProjectExecutive
EducaUonalBackground
. University of Illinois - Urbana
M.S., Construction Management
B.S., Civil Engineering
Professional Experience
. 21 Years Experience in Construction
. 12 Years Experience with F.R. Paschen; S.N. Nielsen
Project Experience
. Chicago Public Schools, Chicago, Illinois; Over $200 million of school renovation and
new construction on over 135 projects throughout the Chicago area. Position: Project
Executive.
. City of Chicago, Chicago, Illinois; $4 million per year job order contract for 4 years for
the Water Reclamation District including miscellaneous repairs to the Sewage Treatment
Buildings. Position: Regional Manager.
. Purdue University, WestLafayette, Indiana; $4 million per year job order contract for 3
years including renovation to various campus buildings. Position: Regional Manager.
. Housing Authority of Kansas City, Kansas City, Missouri; $S million per year job order
contract for 3 years for remodeling apartment units for public housing. Position:
Regional Manager.
. United States Postal Service, Chicago, Illinois; $1 million per year job order contract for
4 years for llJinois and Northwest Indiana. Position: Regional Manager.
. City of Chicago, Chicago, Illinois; $6 million job order contract for the Department of
General Services. Position: Regional Manager.
. City of Chicago, Chicago, Illinois; $3 million job order contract for the Department of
Transportation. Position: Senior Project Manager.
. City of Chicago, Chicago, Illinois; $8 mIllion job order contract forthe Chicago Public
Schools. Position: Senior Project Mana.ger,
JOSEPH SCARPELLI
Executive Vice PresidentlProjectExecutive
Project Experience. (continued)
. City of Chicago, Chicago, Illinois; $3 million per year job order contract for 4 years for
the Chicago Park District. Position: Regional Manager.
. General Services Administration, Chicago, Illinois; $857,000 utilities system support for
future tenants - Metcalfe Building. Position: Project Executive I Estimator.
. General Services Administration, Chicago, Illinois; $2.2 million electrical improvements
to the Kluczynski Federal Building. Position: Project Executive I Estimator.
. General Services Administration, Chicago, Illinois; $9.6 million fIre and life safety
improvement project to the Dirksen Federal Building. Position: Project Executive.
. General Services Administration, Chicago, Illinois; $1.2 million U.S. Court expansion,
Magistrate facilities at the Dirksen Federal Building. Position: Project Executive I
Estimator.
. U.S. Department of Justice, Chicago, Illinois; $1,5 million renovation project (Project
107). Position: Project Executive I Estimator. .
. Chicago Transit Authority, Chicago, Illinois; $16 million Howard Yard Maintenance
Facility, light rail train maintenance shop. Position: Project Manager.
. Chicago Transit Authority, Chicago, Illinois; $11 million Howard East Yard light rail
train yard. Position: Project Manager.
. Lake County Water Commission, Lake Bluff, Illinois; $10 rnillion pump station, drop
shaft, and intake structure. Position: Project Engineer.
. Washington Department of TranspOrtation, Mercer Island, Washington; $63 million
highway cover with over 100,000 cubic yards of concrete. Position: Project Engineer.
. IBM, Inc., Manassas, Virginia; $150 million, 600,000 sf. semiconductor manufacturing
facility with class 10 clean rooms and facility upgrades. Position: Project Engineer.
. Olympia Center, Chicago,llIinois; $110 million, 63 story multi-use high rise building.
Position: Assistant Project Engineer.
JOSEPH SCARPELLI . .
Executive Vice PresidentlProjectExecutive
Client References
Mr. Larry Walden
Vice President
Bovis
Chicago, Illinois
(312) 245-1469
Mr. Jim McLean
Project Executive
Tishman Construction
Chicago, Illinois (773) 553-3136
AnchUectReferences
Mr. Allen Belli
Vice President
Belli & Belli Architects
Wheeling, Illinois
(847)520-1700
Mr. Bob Larson
Partner
InterActive Design
Chicago, Illinois
(312) 482-8866
Educational Background
ROBERTW.OLSEN,.JR.
Sr. Project Manager
. Purdue University
. B.S., Construction Management
Professional Experience
. 16 Yeats Experience in Construction
. 9 Years Experience with F.H. Paschen, S.N. Nielsen
Professional Registrations
. Florida Certified General Contractor's License, 2003
Project Experience
. City of Lauderdale Lakes, Lauderdale Lakes, Florida; $.5 miUion, 9,500 sf. interior
renovation to the City Hall building. Position:... Senior Project Manager.
. University of Illinois, Urbana, Illinois; $3 million per year job order contract for 4
years including interior renovations, labbuild-outs, new roofs, parking lots,
mechanical, electrical, plumbing upgrades, etc. Position: Senior Project Manager.
. Purdue University, West Lafayette, IN; $4 million per year job order contract-2000
. for 4 years including extensive lab and classroom renovations, HV AC, temperature
controls, electrical, and telecommunication upgrades, roofmg projects, and
interior/exterior restorations. Position: Senior Project Manager.
. Purdue University, West Lafayette, IN; $4 million per year job order contract-1998
for 3 years including extensive lab and classroom renovations including HV AC,
temperature controls,.electrical, and telecommunication upgrades. Position: Senior
Project Manager.
. County of San Diego Contract 3, San Diego, CA; $3 million per year job order
contract for 1 year including extensive renovations at municipalities and prisons, full
HV AC, temperature controls, fire sprinkler, fire alarm, security systems, electrical,
and telecommunication upgrades. Position: Senior Project Manager.
. United States Coast Guard, San Diego, CA; $1 million per year job order contract for 1
year including office renovations, electrical, and telecommunication upgrades.
Position; Senior Project Manager.
ROBERT W. OLSEN, JR.
Sr. Project Manager
Project Experience (continued)
_ The Ohio State University,Colurnbus,OH; $10 million per year job order contract for
4 yearsincJuding office, classroom and hospital renovations, HV AC, temperature
controls, mechaniCal, fire sprinkler, fire alarm, electrical, and telecommunication
upgrades. Position: Project Manager.
-Purdue University, WestLafayette~ IN; $4 million per year job order contract-1995
for 3 years incJudingextensive lab and classroom renovations, HV AC, temperature
controls, electrical, and telecommunication upgrades. Position: Project Superintendent.
_ Schumann Custom Building,WestLafayette, IN; Light commercial and residential
remodel, projects ranging from $50,000.00 to $500,000.00. Position: Construction
Manager.
-Montgomery Landscaping and Contracting,. Chester, NJ; Residential landscaping and
construction, projects ranging from $4,000.00 to $80,000.00. Position: Project
Foreman.
_ Construction Specialties, Cranford, NJ; Industrial and commercial specialty research,
design and construction. Position: Research & Design Assistant.
Client References
Mr. Chuck Dean
JOC Coordinator
University. of Dlinois
Champaign, Illinois (217) 333-5868
Mr. Owen Cooks
ADA I JOC Coordinator
Purdue University
West Lafayette, Indiana
Architect References
. . .
(765) 494-5431
Mr. Terry Littell
Architect
Shive - Hattery
Des Plaines, lllinois
Mr..Darryl Beals,P.E.
Principal
Gibralter Design
Indianapolis, Indiana (317) 58(J.;.5777
(847) 298-1193
LIMREAL BLANC
Project Manager J Superintendent
I
I
Educational Background
. Miami Dade Community College
A.S., Civil Engineering &: Building Constniction
. Clifton Oupigny Community College
Building Construction & Civil Engineering
Professional Experience
. 15 Years Experience in Construction
ProfessIonal Organizations I Certifications
.~
. Certified Professional Estimator
. American Society of Professional Estimators, Member
. American Association of Construction Inspectors; Member
. ABC - South Region, Associate Meniber
Project Experience
. ..
. T &: G Constructors, MiaDli & Orlando, Florida; one yeai' of Me mum commercial projects
including: Competitively Bid Public Works, Design-Build PubliclPrivate, Construction Manager
at Risk, Privately Negotiated and Real Estate Development projects.
.
J
.
J
.
.
Centerline Commercial, Cotal Springs, Florida; one year of Medium to large commercial and
residential projects including: Competitively Bid Public Works, Privately Negotiated, and
PubliclPrivate Commercial and Residential Real Estate Development projects,
Max South Construction, Florida; 3.5 years of Small to medium commercial and residential
projects including: Competitively Bid Public Works, Privately Negotiated Commercial and
Residential Building projects.
.. .
. -. : - .
First Metro Builders, Inc., Fort Lauderdale, Florida; 2.S years of Small to medium commercial and
residential projects including: Competitively Bid Public and Private projects.
Ministry of Works & Housing, Dominica, W.I; 6.S years of commercial and residential projects
including: Roads, Bridges, Housing and Infrastructure projects.
Project Superintendent I Project Manager
· Responsible for planning, controlling, reporting, and supervising of on site work to be executed.
· Provided on site management and coordination, scheduled construction. activities and monitored
work progress, and cost control
· Conducted field visits, coordmatecl subcontractor operations,. and held periOdic project progress
meetings to ensure proper project execution.
· Reviewed and processed shop drawings and'submittals.
I
'.j
i
-
.j
I
I
.__.1
I
1
!
LI NI REAL BLANC
Project Manager I Superintendent
Project Experience (continued)
Chief Estimator I Project Manager ...... .
. Responsible for preparing bid packages and bidding all projects, preparing conceptual, hard bid,
competitive, negotiated and designlbuild., CM & CM at Risk estimates for commercial and real
estate developments for public works and private sectors.
. Reviewed., analyzed and evaluated. subcontractor proposals and bids for final acceptance to include
qualification for complete scope of work.
.
Handled bid buyout, contract writing, negotiations, and subContractor selection.
. Maintained estimating databases for current market prices and construction trends.
Senior Estimator I Project Manager
. Responsible for preparing bid packages and bidding all projects, preparing conceptual, hard bid,
competitive, negotiated and designlbuild, CM & CM at Risk estimates for commercial and real
estate developments for private, in-house, md public works.
. Coordinated preCCll1stroctioil project development.
. . Assisted Vice President in preparation offin.al bid pricing before bid submission.
. Pl1rChased construction material for project under construction, cuStom homes, and tract housing
projects.
.
Went on field viSits, attended subContractor meetings, assisted Project Superintendent in site
management and coordination.
.
Handled project scheduling, supervision, cost control and change order review.
.
Managed project document control.
2.4 . Proiect StamoS!: Levels
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04,14-03/04
Management Plan
Page 2- 12
The staffing proposed for this contract is the minimwn proposed staffing at this time. This
staff will be augmented with additional support staff as needed, depending on the quantity
and timing of job orders/request for proposals.
Each JOe project is assigned a Project Executive/Senior Project Manager to assist in the
effective management of all projects. The Senior Project Manager is well versed in all
aspects of JOe operations, and is instrumental in establishing the project office, staffing,
administrative and management procedures to be followed in the execution of the contract.
The General Manager also provides a resource for assistance during periods of increased
volume, dependent on the quantity and timing of requests for proposals. He/She will monitor
the project continuously, and assign additional qualified personnel as the situation warrants.
The management philosophy of F.H. Paschen,. S.N. Nielsen combined with an excellent
compensation, benefit and incentive package helps us attract some of the brightest and best
talent in the industry. We currently have approximately 25 employees in our JOe Division.
Additionally, we are continually recruiting qualified candidates for employment. This will
serve as the resource for any added staff assignments that need to be made to this contract.
. .
"Use or disclosure of data contained on this sheet is subject to the restriction on tbe title page ofthisproposal"
City of Miami Beach,FL
JOC Contracts
fa 12-03/04, 13-03/04,14-03/04.
. ." .
JOS.ORDER CONTRACTS
F.H. Paschen, S.N.Nielsen
JOCExperience
city of Miami Beach, FL
JOC Contracts
fa 12-03/04, 13-03/04,14-03/04
F.H..Paschen, S.N.Nielsen
JOCExperience
Value Owner Project Description Duration
$4,159,239 Chicago Board of Education Contract No. 97-260023 1/00 to 12/01
125 S. Clark St. General Contracting Services
Chicago, IL 60603 for Board of Education
Ms. Rosalinda Castillo Facilities
773-553-3267 FHP No. 1003
$1,000,000 U.S. Postal Service Contract No. I 62640-97 ..:B-0059
Great Lakes Area P & DC Repairs & Alterations to
500 E. Fullerton Ave. Various Postal Facilities - State
Carol Stream, IL 60199-5080 of Indiana
Mr. Robert Jackson FHP No. 933
630-260-5713
$9,000,000 City of Chicago Contract No. B6968421 OA 11/00 to 11/0 I
Department of General Services General Rehabilitation of City
30 N. LaSalle St., Suite 3700 Facilities
Chicago, IL 60602 FHP No. 1036
Mr. Gerald McGleam
312-744-4749
$3,000,000 Board of Trustees of the University of Contract No. 80677-FY-1999 6/00 to 5/01
Illinois General Construction, Repairs
Operations & Maintenance Division & Alterations
1501 S. Oak St. FHPNo.93511035
Champaign, IL 61820
Mr. Gary Marietta, P.E.
217-333-0697
$1,000,000
U,S. Postal Service
Great Lakes Area P & DC
500 E. Fullerton Ave.
Carol Stream,IL 60199-5080
Mr. Robert Jackson
630-260-5713
$1,000,000
U.s. Postal Service
Great Lakes Area P & DC
500 E. Fullerton Ave.
Carol Stream, IL 60199-5080
Mr. Robert Jackson
630-260-5713
Contract NoJ62640-97-B-0046 1/99 to 1/01
Repairs & Alterations to
Various Postal Facilities-
Chicago Metro & Northern
Illinois Area
FlIP No. 930
ContractNoJ62640-97~B-0049 1/99 to 1/01
Repairs & Alterations to
Various Postal Facilities-
Central Illinois Area (excluding
Chicago)
FlIP No. 932
City of Miami Beach, FL F .H. Paschen,S.N. Nielsen
JOC Contracts Joe Experience
'18 12-03104, 13-03104,14-03104
Value Owner Project Description Duration
$4,000,000 Chicago Dept. of Transportation Contract No. T7968190101 2/99 to 2/00
Bureau of Bridges & Transit Bridge Reconstruction &
30 N. LaSalle Street, Suite 1100 Rehabilitation
Chicago, IL 60602 FHP No. 738/838
Mr. Ray Ginsberg
$1,000,000 U.S. Coast GUard, Civil El1.g.Unit Contract No. DTCG88-97-D- 10/98 to 9/99
2000 Embarcadero, Ste. 200 623175 -Option Yr. 1
Oakland, CA 94606-5337 IDIQ Multi-Trade Construction
Evelyn Navarro, Contract Officer at U.S. Coast Guard Facilities
510-535-7248 in San Diego
FHPNo.714/814
$3,000,000 County of Los Angeles GC, Repairs & Alterations 8/98 to 8/99
Department of Internal Services
1 lOON. Eastern Avenue
Los Angeles, CA 90063
$3,000,000 County of Los Angeles Contract No, 5 8/98 to 8/99
Department of Internal Services General Construction, Repairs
1 100 N. Eastern Avenue & Alterations
. Los Angeles, CA (90063 FHP No. 508/725
Mr, Jay Justus, Manager
213-267-2225
$3,000,000 San Diego Unified School District Contract No. C-5476 8/98 to 8/99
Facilities Development Department Repairs, Alterations &
, 4100 Normal Street, Annex 2 Modernization of V arious
San Diego, CA 92103 School & Board Facilities
Mr. Harry Allen, Program Coord. FlIP No. 829 WC
619-627-7148
$3,000,000 County of San Diego Contract No. 43958 8/98 to 8/99
Department of General. Services General Construction, Repairs
555 Overland Avenue, Bldg. 11 & Alterations
San Diego, CA 92123-1290 FHP No. 828 WC
Mr. Jeffrey Redlitz, JOC Coordinator
619-694-8834
$4,000,000 Metro. Water Reclamation District Contract No. 96-648-11 - 7/98 to 7/99
of Greater Chicago Option Year 2
100 E. Erie Street General Construction,Repairs
Chicago, IL 60611-2803 & Alterations to Various
Mr. Tom O'Conner Facilities
312-751-5600 FHPNo.621/721/821
City of Miami Beach,FL
JOC Contracts
-18 12-G3/04, 13-G3/04, .14-03/04
F.H.Paschen, S.N. Nielsen
JOC Experience
Value Owner Project Description Duration
$3,000,000 Department of the Navy Contract No. N68711-97-D- 3/98 to 3/99
ROICC, Los Angeles Area 6729
Bldg. 230, Weapon Support Facility General Construction, Repairs
800 Seal Beach Boulevard & Alterations of Various Naval
Seal Beach, CA 90740-5000 Facilities - Los Angeles,
Gwen Lavender, Contracting Officer Orange & Riverside Counties,
562-626-6156 CA
FHP No. 820
$4,000,000 City of Chicago Contract No. B69684201- 3/98 to 3/99
Department of General Services Option Year 1
510 N. Peshtigo Court, Rm. 6A General Rehabilitation of City
Chicago, IL 60611 Facilities
Mr. Duwain Bailey, Deputy Comm. FHP No. 722/822
312-744-6045
$3,000,000 County of Los Angeles Contract No. EMD059 2/98 to 2/99
Department of Internal Services General Construction, Repairs
1100 N. Eastern Avenue & Alterations
Los Angeles, CA 90063 FHPNo.740
Mr. Jay Justus, Section Manager
213-267-2225
$25,000,000 Chicago Board of Education Co~tractNo. 96-260023- 1/98 to 1/99
1819 W. Pershing Region 5 & 6
Chicago, IL 60609 General Contracting Services
Mr. John Moore . Chicago Board of Education
773-535-8515 Facilities
FHP No. 5091709
$10,000,000 The Ohio State University Contract No. Joe - 1995 - 1/98 to 1/99
Office of the University Architect Option Year 2
2009 Millikin Road General, Plumbing.HV AC. &
Columbus, OH 43210 Electrical Repairs & Alterations
Mr. Steve Galli to Ohio State University
614-292-4458 Facilities
FHP No. 504-71704-7/804-7
$500,000 U.S. Postal Service Contract No. . 162640-97-B- 1197 to 1/99
Great Lakes Area P & DC 0069
500 E. Fullerton Ave. Repairs & Alterations to
Carol Stream, IL 60199-5080 Various Postal Facilities
Robert Jackson Chicago Metro & Northern
630-260-5713 Illinois Area
FHPNo.730
City of Miami B&ach, FL F .H. Pasch&n, S.N.Nielsen
JOe Contracts JOC Experience
'T8 12-03/04, 13-03/04, 14-03104
Value Owner Project Description Duration
$500,000 U.S. Postal Service Contract No. 162640-97 -B- 1/97 to 1/99
Great Lakes Area P & DC 0064
500 E. Fullerton Ave. General Construction,. Repairs
Carol Stream, IL 60199-5080 & Alterations of Various Postal
Robert Jackson Facilities - Central Illinois Area
630-260-5713 (excluding Chicago)
FHP No. 732
$500,000 U .S.Postal Service Contract No. 162640-97-B- 1/97 to 1/99
Great Lakes Area P &. DC 0059
500 E. Fullerton Ave. General Construction, Repairs
Carol Stream, IL 60199-5080 & Alterations of Various Postal
Robert Jackson Facilities - State ofIndiana
630-260-5713 FHP No. 733
$5,000,000 The Board of Trustees of the Contract No. 999-502-97 11/97 to 11I9~
University oflHinois at Chicago General Construction, Repairs
1140 S. Paulina Street & Alterations
Chicago,IL 60612 FHP No. 711
$5,000,000 Housing Authority of New Orleans Contract No. 97-020-07-42 10/97 to 10/98
918 Carondelet Street, 2nd Floor Repairs, Alterations &
New Orleans, LA 70130 Modernization of Facilities
FHPNo.737
$999,713 County of Los Angeles 9/97 - 9/98
Department of Internal Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
$935,010 U.S. Coast Guard, Civil Eng, Unit GC, Repairs & Alterations 2/97 - 9/98
2000 Embarcadero, Ste. 200
Oakland, CA 94606-5337
$3,570,215 The Trustees of Purdue University General Construction, Repairs 7/97 -7/98
Construction Department & Alterations of West Lafayette
1653 Freehafer Hall Campus
VV.Lafayette,~ 47907
City of Miami Beach, FL
JOC Contracts
'TB 12-03/04, 13-03/04,14-03/04
F .H.Paschen,S.N.Nielsen
JOC Experience
Value Owner Project Description Duration
$300,000 U.S. Postal Service Contract No. 162640-94-B- 6/96 to 6/98
Facilities Service Office 0099
222 S. Riverside Plaza General Construction, Repairs
Chicago,IL 60606-6150 & Alterations of Various
Robert A. Rigsby, Manager Postal Facilities
708-563-7200 North Central Illinois Area
FHP No. 645
$4,022,831 Metro. Water Reclamation District . G.C., Repairs & Alterations 6/97 - 6/98
of Greater Chicago
100 E. Erie Street
Chicago,IL 60611-2803
$5,000,000 Housing Authority of New . Orleans Contract No. 96-026-09-78 4/97 to 4/98
918 Carondelet Street, 2nd Floor Repairs, Alterations &
New Orleans, LA 70130 Modernization of Facilities
FHPNo.715
$3,794,991 City of Chicago GC, Repairs & Alterations 1/97 - 3/98
Department of General Services
510 N. Peshtigo Court, Rm. 6A
Chicago, IL 60611
$6,492,263 The Ohio State University Hospital Rehabilitation 1/97 - 1/98
Office of the University Architect
2009 Millikin Road
Columbus,OH 43210
$959,968 County of Los Angeles GC, Repairs & Alterations 1/97- 1/98
Department of Internal Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
$15,977,025 Chicago Board of Education 1/96 - 12/97
1819 W. Pershing
Chicago, IL 60609
$14,481,115 Chicago Board of Education 1/96 - 12/97
1819 W. Pershing
Chicago, IL 60609
$24,838,400 Chicago Board of Education 2/97 - 11/97
1819 W. Pershing
Chicago, IL 60609
City of Mian'li Beach, FL
JOC Contracts
TB 12..03/04, 13-03/04,14-03/04
Value
$1,262,828
$2,686,045
$2,968,955
$4,000,106
$5,999,112
$3,952.786
$979,311
$2,185,932
$3,714,941
Metro. Water Reclamation District of
Greater Chicago
100 E. Erie Street
Chicago,IL 60611-2803
owner
The Board of Trustees of the
University of Illinois at Chicago
1140 S. Paulina Street
Chicago, IL 60612
Montgomery County
Office of Procurement
Rockville Metro Center
250 Hungerford Drive, Suite 200
Rockville, MD 20850-4168
The Trustees of Purdue University
Construction Department
1653 FreehaferHaU
W. Lafayette, IN 47907
Chicago Park District
425 E. McFetridge Drive
Chicago, IL 60605
City of Chicago
Department of General Services
510 N. Peshtigo Court, Rm. 6A
Chicago, IL 6061 1
County of Los Angeles
Department of Internal Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
City of SaD Diego
Metro. W aste Water Department
600 B. Street, Suite 500
San Diego, CA 92101-4587
F .H.Paschen, S.N. Nielsen
JOCExperience
Project Description
, Hospital Rehabilitation
Duration
11/96 - 11/97
Repairs, Alterations &
Rehabilitation of Various.
County Facilities
8/96 - 8/97
General Construction, Repairs
& Alterations of West Lafayette
Campus
7/96 -7/97
G.C., Repairs & Alterations
12/96 - 6/97
Various Park Building
Rehabilitation
5/96 - 5/97
Repairs & Alterations to
Various City Facilities
9/95 -8/96
(Extended to
3/97)
GC, Repairs & Alterations
1196 - 1/97
Civil. Repairs
1/96.... 1/97
Laboratory Rehabilitation
1/96.... 1/97
The Ohio State University
Office of the University Architect
2009 Millikin Road
Columbus,OH 43210
City of Mial11iB<<!ach,FL
JOC Contracts
fB 12-03/04, 13-03/04,.14..03/04
F.H. Paschen, S.N.Nielsen
JOCExperience
Value OWner Project Deseription Duration
$380,981 U.S. Postal Service . General Construction, Repairs 10/93 - 10/96
Major Facilities Office & Alterations of Various Postal
P.O. Box 40591 Facilities, Greater Chicago, IL
Philadelphia, PA 19197-0591 and Gary, IN
$348,451 U.S. Postal Service General Construction, Repairs 10/93 - 10/96
Major Facilities Office & Alterations of Various Postal
P.O. Box 40591 Facilities - Central Illinois area
Philadelphia, PA 19197-0591
.$3,886,752 Montgomery County Repairs, Alterations & 8/95 -8/96
Office of Procurement Rehabilitation of Various
Rockville Metro Center County Facilities
250 Hungerford Drive, Suite 200
Rockville, MD 208504168
$4,736,377 The Trustees of pUrdue University General Construction, Repairs 7/95 -7/96
Construction Department & Alterations of West Lafayette
1653 Freehafer Hall Campus
VV.Lafayette,IN 47907
$2,995,724 Chicago Park District Various Park Building 5/95 -5/96
425 E. McFetridge Drive Rehabilitation
Chicago, IL 60605
$5,131,276 Chicago Public Schools Repair Schools 4/95 - 4/96
Department of Purchasing
1819 West Pershing Road
Chicago,IL 60609-2391
$1,928,788 Repairs & Alterations to 9/94 - 8/95
Various City Facilities
$7,974,922
Chicago Park District
425 E. McFetridge Drive
Chicago, IL 60605
Various Park Building
Rehabilitation
5/94 - 5/95
$3,500,000
Chicago Public Schools
Department of Purchasing
1819 West Pershing Road
Chicago, IL 60609-2391
Repair Schools
4/94 -- 4/95
City of Miami Beach, FL F .H.Paschen, S.N. Nielsen
JOC Contracts JOCExperience
.812_03104,13-03104,.14-03104
Value Owner Project Description Duration
$6,000,000 City of Chicago Repairs & Alterations to 9/93 - 8/94
Department of General Services Various City Facilities
510 N. Peshtigo Court, Rm.6A
Chicago, IL 60611
$1,000,000 U.S. Postal Service General Construction & 10/91 - 6/94
433 W. Van Buren ; Rehabilitation of Postal
Chicago, IL 60607-9991 Facilities, Various Branches,
Chicago, IL
$500,000 General Construction & 1/91 - 8/92
Rehabilitation of Postal
Facilities, South Suburban
. Illinois
$500,000 U.S. Postal Service General. Construction & 6/90.... 5/91
6801 W. 73rd Street Rehabilitation of Postal
Bedford Park, IL 60499-9991 Facilities, South Suburban
Illinois
$500,000 U.S. Postal Service General Construction & 1/90 -7/91
433 W. Van Buren . : Rehabilitation of Postal
Chicago,IL 60607-9991 Facilities, BMC O'Hare &
. Forest Park, IL
$600,000 U.S. Postal Service General Construction & 1/90 -9/91
433 W. Van Buren Rehabilitation of Postal
Chicago,IL 60607-9991 Facilities, North Suburban
Illinois
$500,000 U.S. Postal Service .. General Construction & 11/89 - 4/91
433 W. Van Buren Rehabilitation of Postal
Chicago, IL 60607-9991 Facilities, Forest Park, IL
$1,000,000 U.S. Postal SerVice General Construction & 11/89.... 4/91
433 W. Van Buren Rehabilitation of Postal
Chicago, IL 60607-9991 Facilities, BMC O'Hare &:
.; Forest Park, IL
$500,000 U.S. Postal Service General Construction & 1/90 - 12190
433 W. Van Buren Rehabilitation of Postal
Chicago, IL 60607-9991 Facilities, Metro Chicago,
Illinois
City of Miami Beach, FL
JOC Contracts
"B 12-03/04, 13-O3/04,1~3'04
F .H.Paschen,$.N. Nielsen
JOC Experience
Value
$500,000
Owner
H.S.Postal Service
433 W. Van Buren
Chicago, IL 60607-9991
$142,538
D.S.Postal Service
225 Michigan Avenue N .W.
Grand Rapids, MI 49599-9991
$500,000
u.s. Postal Service
433 W. Van Buren
Chicago, IL 60607-9991
$500,000
U.S. Postal Service
433 W. Van Buren
Chicago, IL 60607-9991
$500,000
U.S. Postal Service
433 W. Van Buren
Chicago,IL60607-9991
$500,000
U.S. Postal Service
433 W. Van Buren
Chicago, IL 60607-9991
Project Description
General Construction &
Rehabilitation of Postal
Facilities, South Suburban
Illinois
General Construction &
Rehabilitation of Postal
Facilities, South Haven, MI
General Con'struction &
Rehabilitation of Postal
Facilities, BMC O'Hare &
Forest Park, IL
General Construction &
Rehabilitation of Postal
Facilities, Rockford, Illinois
MSC
General. Construction &
Rehabilitation of Postal
Facilities, Chicago, IL
General Construction &
Rehabilitation of Postal
Facilities, Northeast Central
IJlinois
Duration
11/89~ 11/90
12/89 '- 11190
11/89 - 11/90
2/88 - 2/89
2/88 - 2/89
9/87 - 9/89
City of Miami Beach,FL
.. JOC Contracts
ITS 12-03104, 13..03104, 14...03104
F.H.Paschen, S.N.Nielsen
JOCProjects In Progress
Joe PROJECTS INPROGR.ESS
Value Owner Project Description Duration
$3,000,000 Chicago Park District Contract No.P..03061 12103 to 12/07
541 N. Fairbanks - 6th Floor General Construction
Facilities Management Repairs & Alterations to
Chicago, IL 6061 1 Park District Facilities
Mr. John Piazza
312-742-4276
$4,000,000 Metro. Water Reclamation District of Contract No. 01 -664- I 1 9/01 to 9/05
x 4 years Greater Chicago Option Year 2
100 E. Erie Street General Construction,
Chicago, IL 60611-2803 Repairs & Alterations to
Mr. Brett Garelli MWRDGC Facilities
847-568-8312 FHP No. 1120/1220
$9,000,000 City of Chicago Contract No. T26463 .. 11/01 to 11/05
x 4 years Department of General Services . Option Year 3
30 N. LaSalle Street- Ste. 3700 General Rehabilitation of
Chicago, IL 60602 City Facilities
Mr. Jerry McGleam FHP No. 1036/1136/1236
312-744-8525
. .
$5,000,000 Chicago Dept. ofTransportatioIl Bureau of Contract No. 1'26459 3/01 to 3/05
x 4 years Bridges & Transit Option Year 2
30 N. LaSalle Street, Suite 600 Bridge Reconsttuction &
Chicago, IL 60602-2570 Rehabilitation
Mr. Raymond Ginsburg FHPNo.ll03/1203
312-744-0483
$3,000,000 City of SanDiego Contract No. K02236C 3/03 to 3/05
Engineering & Capital Projects General Construction,
10 to Second Ave., Suite 500 Repairs & Alterations to/
San Diego, CA 9210 I for City entities.
Mr. Siavash Haghkhah, ProjectCoordin~tor FHPNo. 1210 WC
619-533-4434
$3,000,000 County of San Diego Contract No; 45677 3/03 to 3/04
555 Overland Avenue, Bldg. 11 General Constfuction,
San Diego, CA 92123-1290 Repairs & Alterations tol
Mr, Jeffrey Redlitz, JOC Coordinator for County entities.
619-694-8834 FHPNo.1211 WC
City of Miami Beach, FL
JOC Contracts
IT812..03/04, 13-03/04, 14~03/04
F .H. Paschen, S.N. Nielsen
JOC Projects In Progress
City of San Diego
Engineering & Capital Projects
1010 Second Ave., Suite 500
San Diego, CA 92101
Mr. Siavash Haghkhah, Project Coordinator
619-533-4434
Value
$4,000,000
Owner
Project Description
Contract No. K02235C
General Construction,
Repairs & Alterations to/
for City Parks and
Recreation facilities.
FHP No. 1209 WC
Duration
3/03 to 3/05
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SubcontractonF. H.
.02000 -Sitework
L.B. Engineering
Morlic Engineering
Ranger Construction
02000 - Site Demo
John Mckie
Miami Wrecking
South Dade Contractors
02000 -Selective DeD1olitioD
Daniel James
Project Development Group
Worldwide Demolition
02000 - Utilities
Danella Construction
Pompano Engineering
RJR Construction
02000-FenCin2
Fence Masters
Ronald Gibbons Fence
Warren Fence
02000 ;... Site Concrete
Mardi Construction
TRW Contracting
02000 -AsDbalt Pavinl!
Camarras Asphalt
Florida Blacktop
Williams Paving Co;, Inc
02000- Brick Favme:
Pallais Construction
TR W Contracting
-02000 ;...LandscaDine: Ilrrie:ation
All Green Landscaping Treeworks, Inc.
Just Perfect Landscaping
MRP Development
Reed Landscaping, Inc.
Reliable Sprinkler
Rolling Oaks Landscaping
Vila & Son Landscaping Corp.
Water Wizard USA,. Inc.
03000 - Concrete
E.L.C.I Construction Group
K & J Contracting, Inc.
Mecias Construction Corp
04000-Masonrv
E.L.C.I Construction Group
Jackson Masonry
K & J Contracting, Inc.
Mecias Construction Corp
05000 -Metals
Caribbean Structures
Coastal Welding
George's Welding
06000 _ Ar~bite~turaJ Woodworkl Casework
B & S Casework, Inc.
Florida Cabinetry & Millwork
Woodworking Unlimited
..Unlimited Cabinet Design
07000 ~ROOrm2
A-I Duran Roofmg
Aleluya Roofing
Murton Roofing
Reliable Roofing
08000- Door and Hardware
. American Door Company
Firedoor Corp.
Firedoor LLC
J&Q
TreborUsa
08000-Glassand GlaZin2
A One Custom Metals and Glass
Crystal Clear Glass
Glass America
Hori~on Glass & Mirror
, Miami Engineered Glass Corp.
National Glass & Construction
Sol-A-Trol
Progressive Glass
09000 - MetalStuds I DrvwaU
"Reed & Knott Construction
Right Remodeling
Sands Construction Corp.
Tiffany Construction
",,;,-_,~,"'.C-':'i.~"^_-_-'-'" .- ,"-P'-" ,..
09000 - Stucco and Plaster
Knolys Johnson
Mecias Construction
R.D. Souza
Tiffany Construction
09000 - Acoustical Treatments
A Beautiful Ceiling
Acousti Engineering
Supreme Ceilings and Interiors
. 09000 - Floorin2
Acousti Engineering
Capitol Carpet
Floor Pro
L. Cox Flooring, Inc.
M. Rahman
09000 --PaiBtine: and Coatine:s
C Moore Painting
D.S. Campell Enterprises
Divine Painitng
Fleischer's Inc.
Lismarc Painting & Waterproofing
Pratchel Painting and Waterproofing
10000 - Specialties
All Speciality Sales
Descon Associates
ELECHS
Hughes Supply
12000 -- Fumishine:/ Window Treatment
M. Rahman
National Stage & Window
R & D Contract Window Coverings
Superior Shade & Blind
13000 -Fire Protection
Absolute Fire Protection
All Fire Sprinkler Installation
American Fire Sprinkler System
14000- Elevators
Mowrey Elevator Company, Inc.
ThyssenKropp Elevator
15000 ;" Mechanical
Al Hill Enterprise Corp;
BCH Mechanical
Caribbean AlC
Globe Plumbing
. Jag Air Mechanical
plumbers Enterprise
S 1 Plumbing
Solo Air
Southeast Mechanical Services
.16000 '"'" Electrical
Advance Electric, Inc.
Brite Electric
C & F Electric, Inc.
Constant Electrical Service, Inc.
Pro Tech Electric
Solares Electrical Services,.lIic.
JOSEPH SCARPELLI
Executive Vice PresideiltlProjectExecutive
Educational Background
. University of Illinois - Urbana
M,S., Construction Management
B.S., Civil Engineering
Professional Experience
. 21 Years Experience in Construction
. 12 Years Experience with F.H. Paschen, S.N. Nielsen
Project Experience
. Chicago Public Schools, Chicago, Illinois; Over $200 million of school renovation and
new construction on over 135 projects throughout the Chicago area. Position: Project
Executive.
. City of Chicago, Chicago, Illinois; $4 million per year job order contract for 4 years for
the Water Reclamation District including miscellaneous repairs to the Sewage Treatment
Buildings. Position: Regional Manager.
. Purdue University, West Lafayette, Indiana; $4 million per year job. order contract for 3
years including renovation to various campus buildings. Position: Regional Manager.
. Housing Authority of Kansas City, Kansas City, Missouri; $5 million per year job order
contract for 3 years for remodeling apartment units for public housing. Position:
Regional Manager.
. United States Postal Service, Chicago, Illinois; $1 million per year job order contract for
4 years for Illinois and Northwest Indiana, Position: Regional Manager.
. City of Chicago, Chicago, Illinois; $6 million job order contract for the Department of
General Services. Position: Regional Manager.
. City of Chicago, Chicago, Illinois; $3 million job order contract for the Department of
Transportation. Position: Senior Project Manager.
. City of Chicago, Chicago,Illinois; $8 million job order contract for the Chicago Public
Schools. Position: Senior Project Manager.
JOSEPH SCARPELLI
Executive Vice President/Project Executive
ProJectexperience(conUnue~
. City of Chicago, Chicago, Illinois; $3 million per year job order contract for 4 years for
the Chicago Park District. Position: Regional Manager. '
. General Services Administration, Chicago, Illinois; $857,000 utilities system support for
future tenants _ Metcalfe BuiJding.Position:Project Executive I Estimator.
. General Services Administration, Chicago; IJlinois; $2.2 million electrical improvements
to the Kluczynski Federal Building. Position: Project Executive I Estimator.
. General Services Administration, Chicago, I1linois; $9.6 million fIre and life Safety
improvement project to the Dirksen Federal Building. Position: Project Executive.
. General Services Administration, Chicago, Illinois; $1.2 million U.s. Court expansion,
Magistrate facilities at the Dirksen Federal Building. Position: Project Executive I
Estimator.
. . U.S. Department of Justice, Chicago, Illinois; $1,5 million renovation project (Project
107). Position: Project Executive I Estimator.
. Chicago Transit Authority, Chicago, Illinois; $16 million Howard Yard Maintenance
Facility, light rail train maintenance shop, Position: Project Manager.
. Chicago Transit Authority, Chicago,I1linois; $11 million Howard East Yard light rail
train yard. Position: Project Manager.
. Lake County Water Commission, Lake Bluff, Illinois; $10 million pump station, drop
shaft, and intake structure. Position: Project Engineer.
. Washington Department of Transportation, Mercer Island, Washington; $63 million
highway cover with over 100,000 cubic yards of concrete. Position: Project Engineer.
. IBM, Inc., Manassas, Virginia; $150 million, 600,000 sf. semiconductor manufacturing
facility with class 10 clean rooms and facility upgrades. Position: Project Engineer.
. Olympia Center, Chicago, Illinois; $1 10 million, 63 story multi~use high. rise building.
Position: Assistant Project Engineer,
JOSEPH SCARPELLI
Executive Vice President/Project Executive
Client References
Mr. Larry Walden
Vice President
Bovis
Chicago, Illinois ..
(312) 245-1469
Mr. Jim McLean
Project Executive
Tishman ConstructlOD
Chicago, Illinois (773) 553-3136
Architect References
Mr. Allen Belli
Vice President
BeDi & BeDi Architects
Wheeling, Illinois
(847) 520-1700
Mr. Bob Larson
Partner
InterActive Design
Chicago, Illinois
(312) 482-8866
ROBERT W.OLSEN, JR.
Sr. Project Manager
Educationa/Sackground
. Purdue University
B.S., Building Constrllction and Contracting
professional Experience
. 15 Years Experience in Constnlction
. 8 Years Experience with F.H. Paschen, S.N. Nielsen
Project Experience
. University of Illinois, Urbana, Illinois; $3 million job order contract per year for 4 years
including interior renovations, lab buildouts, new roofs, parking lots, mechanical
upgrades, etc. Position: Project Manager.
. Purdue University, West Lafayette, Indiana; $4 mi11ionper year job order contract for 3
years including renovation to various carnpus buildings. Position: Project Manager.
. County of San Diego, San Diego, California; $3 million per year job order contract for
one year. Position: Senior Project Manager.
. United States Coast Guard, San Diego, California; $1 million per year job order contract
for one year. Position: Senior Project Manager.
. Ohio State University, Columbus, Ohio; $10 million per year job order contract for 4
years including renovation of hospital facilities and various university buildings.
Position: Project Manager.
. Purdue University, West Lafayette, Indiana; $4 mil1ionper year job order contract for 3
years including renovation to various campus buildings. Position: Project
Superintendent.
. Schumann Custom Building, West Lafayette, Indiana; Light commercial and residential
renovation projects ranging from $50,000 to $500,000. Position: Construction Manager.
. Montgomery Landscaping & Contracting, Chester, New Jersey; Residential landscaping
and construction project ranging from $4,000 to $80,000. Position: Foreman.
. ConstrUction Specialties, Cranford, New Jersey; Industrial and commercial specialty
research, design, & construction. Position: Research and Design Assistant.
ROBERT W.<OLSEN,JR.
Sr. Project Manager
Client References
Mr. Owen Cooks
ADA I JOC Coordinator
Purdue University
West Lafayette, Indiana
. (765)494-5431
Mr. Patrick Cuthbert
Project Coordinator
Ohio State UDiversity
Columbus, Ohio (614) 292.3186
ArchItect References
Mr~ George Fe1tham
Architec~
Jester, JODes, Schiffer & Feltham
Dublin, Ohio (614) 761.1707
Mr. Daniel Schuster
Mechanical Project Engineer
Purdue UDiversity
West Lafayette, Indiana (765) 494-3407
LIMREALBLANC
Project Manager I Superintendent
. Educational Background
.
Miami Dade Community College
A.S., Civil Engineering &. Building Construction
.
Clifton Dupigny Community College
Building Construction &. Civil Engineering
professional Experience
. 15 Years Experience in Constr\lction
professIonal Organizations I CertIfIcations
. Certified ProfeSsional Estimator.
. . American Society of Professional EstiDlators, Member
. American Association of Construction Inspectors, Member
. ABC - South Region, Assoc:iate Member
Chief Estimator I Project Manager
. Responsible for preparing bid packages and bidding all proje<:ts,preparing conceptual, hard bid,
. competitive, negotiated and design/build, CM &. CM at Risk estimates for commercial and real
estate developments for public works and private sectors.
. Reviewed, analyzed and evaluated subcontractor proposals and bids for final acceptance to include
qualification for complete scope of work.
. Handled bid buyout, contraCt writing, negotiations. and subcontractor selection.
. .
. Maintained estimating databases for current market prices and construction trends.
Senior Estimator I Project Manager
. Responsible for pr6paringbid packageS and bidding all projects,preparing concepfual, hard bid,
competitive, negotiated and designlbuild, CM &. CM at Risk estimates for commercial and real
estate developments for private, in-house, mid public works.
. Coordinated preco11Stn1ctionproject development.
. Assisted Vice President in preparation of firia1 bid pricing before bid submission.
. Purchased construction material for project under construction, custom homes, and tract housing
projects.
. Went on field visits, attended subcontractor meetings,assisted Project Superintendent in site
management and coordination,
. Handled project scheduling, supervision, cost control and change order review.
. Managed project document control.
, FBP Tectonics Corp. d/b/a
F .H. PaschenlS.N.. Nielsen, Ine & Associates
Director & offieer Information
Frank H.Paschen, Director, Chief Executive Officer,
Chairman, Treasurer
1765 Kitson Circle
Inverness, IL 60067
Joseph V. Scarpelli, Executive Vice President
1062 Parkview Circle
Carol Stream, IT.. 60188
Scott F. Poremba, President, Chief Operating Officer,
33910 N. Summerfield Drive
Gurnee, IL 60031
Robert F. Zitek,Vice President
12 Glenoble Court
Oak Brook, IL 60523
W. Mark Barkowski, Vice President
18051 John Charles Drive
Orland Park, IL 60467
Carol Einfalt, Assistant SecretarY
3507 Tecbny Rd.
Northbrook,llIinois 60062
James V. Blair, Vice President
2422 Woed Street
River Grove, IL 60171
Timothy J. Pearson, Senior Vice President, Chief Financial Officer,
Secretary
611 N. Kenilworth Ave.
Oak Park, IL 60302
Lyle R. Shear, Vice President
201 W. 6th Street
Manteno, n.. 60950
22-Mar-04
City of Miami Beach,FL
JOC Contracts
ITS 12-03104, 13-03104, 14-03104
F .H. Paschen,S.N. Nielsen
JOC Experience
JOB ORDER CONTRACTS
Value OWner Project Description Duration
_. $6,000,000 Chicago Park District Contract No. P-99108 1/00 to 1/04
x 4 years 541 N. Fairbanks- 6th Floor Option Year 4
Facilities Management General Construction, Repairs
Chicago, IL 60611 & Alterations to Park District
Mr. John Piazza Facilities
312-742-4277 FlIP No. 100211012
$3,000,000 University of Illinois - Contract No. Job Order 6/99 to 6/03
.. x 4 years Urbana/Champaign Contract - FY1999 Plus an
1501 S. Oak Street MC800 Option Year 4 extension of3
Physical Plant Service Bldg Rehab University Facilities months & $1
Champaign, IL 61820 FlIP No. 935/1035/1135/1235 million
Mr. Chuck Deem
217-265-8131
$3,000,000 Board of Trustees of the University of Contract No. 80677-FY-1999 6/01to 5/02
Illinois General Construction, Repairs
Operations & Maintenance Division & Alterations
1501 S. Oak St. FHP No. 935/1035/1135
Champaign, IL 61820
Mr. Gary Marietta, P.E.
217-333-0697
$6,400,000 Chicago Transit Authority Contract No. C98FH7506 7/99 to 1/02
Merchandise Mart Plaza . General Construction, Repairs
P.O. Box 3555 & Alterations to CT A Facilities
Chicago, IL .60654 FlIP No. 850/950
Mr. George Simoulis
312-733-7000
. $6,000,000 Chicago Park District Contract No. 99108 1/00 to 1/02
425 E. McFetridge Dr. General Construction, Repairs
Chicago, IL 60605 & Alterations to Park District
Mr. John Piazza Facilities
312-747-2200 FHP No. 100211012 Early
Option 1
City of Miami Beach, FL
JOe Contracts
. ITa 12-03104,13-03104,14-03104
F.H. Paschen, S.N. Nielsen
JOe Experience
Value Owner Project Description Duration
$4,159,239 Chicago Board of Education Contract No. 97-260023 1/00 to 12/01
125 S. Clark St. General Contracting Services
Chicago, IL 60603 for Board of Education
Ms. Rosalinda Castillo Facilities
773-553-3267 FHP No. 1003
$1,000,000 U.S. Postal Service Contract No. 16264o-97-B-0059
Great Lakes Area P & DC Repairs & Alterations to
500 E. Fullerton Ave. Various Postal Facilities - State
Carol Stream,IL 60199-5080 of Indiana
Mr. Robert Jackson FHP No. 933
630-260-5713
$9,000,000 City of Chicago Contract No.B6968421 OA 11/00 to 11/01
Department of General Services General Rehabilitation of City
30 N. LaSalle St., Suite 3700 Facilities
Chicago, IL 60602 FHPNo.1036
Mr. Gerald McGleam
312-744-4749
$3,000,000 Board of Trustees of the University of Contract No. 80677 -FY -1999 6/00 to 5/01
Illinois General Construction, Repairs
. Operations & Maintenance Division & Aherations
1501 S. Oak St. FHPNo.935/1035
Champaign, IL 61820
Mr. Gary Marietta, P.E.
217-333-0697
$1,000,000 U.S. Postal Service Contract No. 16264o-97-B-0046 1/99 to 1/01
Great Lakes Area P & DC Repairs & Alterations to
500 E. Fullerton Ave. Various Postal Facilities-
Carol Stream, IL 60199-5080 Chicago Metro & Northern
Mr. Robert Jackson Dlinois Area
630-260-5713 FHP No. 930
.
$1,000,000 D.S.Postal Service Contract No.162640~97-B-0049 1/99 to 1/01
Great Lakes Area P & DC Repairs & Alterations to
500 E. Fullerton Ave. Various Posta] Facilities-
Carol Stream, IL 60199-5080 Central Illinois Area (excluding
Mr. Robert Jackson Chicago)
630-260-5713 FHPNo.932
F.H. Paschen,S.N. Nielsen
JOCExperience
City of Miami Beach, FL
JOC Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Value OWner Project Description Duration
$4,000,000 Chicago Dept. of Transportation Contract No. T7968190 101 2/99 to 2/00
Bureau of Bridges & Transit Bridge Reconstruction &
30 N. LaSalle Street, Suite 1100 Rehabilitation
Chicago, IL 60602 FHP No. 738/838
Mr. Ray Ginsberg
$1,000,000 U.S. CoaSt Guard, Civil Eng.Unit Contract No. DTCG88-97-D- 10/98 to 9/99
2000 Embarcadero, Ste. 200 623175 .,.. Option Yr. 1
Oakland, CA 94606-5337 .IDIQ Multi-Trade Construction
Evelyn Navarro, Contract Officer at U.S, Coast Guard Facilities
510-535-7248 in San Diego
FHP No. 714/814
$3,000,000 County of Los Angeles GC, Repairs & Alterations 8/98 to 8/99
Department of Internal Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
$3,000,000 County of Los Angeles Contract No. 5 8/98 to 8/99
Department of Internal Services General Construction, Repairs
1100 N. Eastern Avenue & Alterations
Los Angeles, CA 90063 FHP No. 508/725
Mr. Jay Justus, Manager
213-267-2225
$3,000,000 . San Diego Unified. School District Contract No. C-S476 8/98 to 8/99
Facilities Development Department Repairs, Alterations &
.4100 Normal Street, Annex 2 Modernization of V arious
San Diego, CA 92103 School & Board Facilities
Mr. Harry Allen, Program Coord. FHP No. 829 WC
619-627-7148
$3,000,000 County of San Diego Contract No. 43958 8/98 to 8/99
Department of General Services General Construction, Repairs
555 Overland Avenue, Bldg. 11 . & Alterations
San Diego, CA 92123-1290 FHP No. 828 WC
Mr. Jeffrey Redlitz, Joe Coordinator
619-694-8834
$4,000,000 Metro. Water Reclamation District Contract No. 96-648-11 - 7/98 to 7/99
of Greater Chicago Option Year 2
100 E. Erie Street General Construction,. Repairs
Chicago,IL 60611-2803 & Alterations to Various
Mr. Tom O'Conner Facilities
312-751-5600 FHP No. 621/72 1/821
City of Miami Beach, FL F .H. Paschen, S.N. Nielsen
JOC Contracts JOCExperience
. ITS 12-03/04, 13-43104,14..03/04 .
Value Owner Project Description Duration
$3,000,000 .. Department of the Navy Contract No. N6871 1-97-0- 3/98 to 3/99
ROICC, Los Angeles Area 6729
Bldg. 230, Weapon Support Facility General Construction, Repairs
800 Seal Beach Boulevard & Alterations of Various Naval
Seal Beach, CA 90740-5000 Facilities - Los Angeles,
Gwen Lavender, Contracting Officer Orange & Riverside Counties,
562-626-6156 CA
FlIP No. 820
$4,000,000 City of Chicago Contract No. 86968420 t- 3/98 to 3/99
Department of General Services Option Year 1
510N. Peshtigo Court, Rm. 6A General Rehabilitation of City
Chicago, IL 60611 Facilities
Mr. Duwain Bailey, Deputy Comni. FlIP No. 722/822
312-744-6045
$3,000,000 County of Las Angeles . Contract No; EMD059 2/98 to 2/99
Department of Internal Services General Construction, Repairs
1100 N. Eastern Avenue & Alterations
Los Angeles, CA 90063 FHPNo.740
Mr. Jay Justus, Section Manager
213-267-2225
$25,000,000 Chicago Board of Education ContractNo. 96-260023 - 1/98 to 1/99
1819 W. Pershing Region 5 & 6
Chicago, n..60609 General Contracting Services
Mr. John Moore Chicago Board of Education
773-535-8515 Facilities
FHP No. 509n09
$10,000,000 The Ohio State University ContractNo.JOC -1995- 1/98 to 1/99
Office of the University Architect Option Year 2
2009 Millikin Road .. Genera~ Plumbing, BY AC, &
Columbus,OH 43210 .. Electrical Repairs. & Alterations
Mr. Steve Galli to Ohio State University
614-292-4458 Facilities
FHP No. 504-7n04-7/804-7
$500,000 D.S.Postal Service Contract No. 162640.;.97-8- 1/97 to 1/99
Great Lakes Area P & DC 0069
500 E. Fullerton Ave. Repairs & Alterations to
Carol Stream, IL 60199-5080 Various Postal Facilities
Robert Jackson Chicago Metro & Northern
630-260-5713 Illinois Area
FHP No. 730
City of Miarni Beach, FL F.B. Paschen, S.N. Nielsen
JOC Contracts JOCExperience
ITB 12-03104, 13';'03/04, 14..03104
Value Owner Project Description Duration
$500,000 D.S.Postal Service Contract No. 162640-97 -B- . 1/97 to 1/99
Great Lakes Area P & DC 0064
500 E. FuJ1erton Ave. General Construction, Repairs
Carol Stream, IL 60199-5080 & Alterations of Various Postal
Robert Jackson Facilities - Central Illinois Area
630-260-5713 (excluding Chicago)
FHP No. 732
$500,000 D.S.Postal Service Contract No. 162640-97-B- 1/97 to 1/99
Great Lakes Area P & DC 0059
500 E. FuJ1erton Ave. General Construction,Repairs
~oIStr~,IL 60199-5080 & Alterations of Various Postal
Robert Jackson Facilities - State of Indiana
630-260-5713 FHP No. 733
$5,000,000 The Board of Trustees of the Contract No. 999-502-97 11/97 to 11/98
University of Illinois at Chicago General Construction, Repairs
1140 S. Paulina Street & Alterations
Chicago, IL 60612 FHPNo.711
$5,000,000 Housing Authority of New Orleans Contract No. 97-020-07-42 10/97 to 10/98
918 Carondelet Street, 2nd Floor Repairs, Alterations &
New Orleans, LA 70130 Modernization of Facilities
. . FlIP No. 737
$999,713 County of Los Angeles GC, Repairs & Alterations 9/97 - 9/98
Department of Internal Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
$935,010 U.S. Coast Guard, Civil Eng. Unit 2/97 - 9/98
2000 Embarcadero, Ste. 200
Oakland, CA 94606-5337
$3,570,215 The Trustees of Purdue University General Construction, Repairs 7/97 -7/98
Construction Department & Alterations of West Lafayette
1653 Freehafer HaU Campus
VV.Lafayette,~ 47907
Value Owner Project Description Duration
$300,000 U.S. Postal Service Contract No. 162640-94-B- 6/96 to 6/98
Facilities Service Office 0099
222 S. Riverside Plaza General Construction, Repairs
. Chicago,IL 60606-6150 & Alterations of Various
Robert A. Rigsby, Manager Postal Facilities
703-563-7200 North Central IlIinoisArea
FHP No. 645
$4,022,331 Metro. Water Reclamation District G.C., Repairs & Alterations 6/97 -6/98
of Greater Chicago
100 E. Erie Street
Chicago, IL 60611-2803
$5,000,000 Housing Authority of New Orleans Contract No. 96-026-09-78 4/97 to 4/98
918 Carondelet Street, 2nd Floor Repairs, Alterations &
New Orleans, LA 70130 Modernization of Facilities
FHPNo.715
$3,794,991 City of Chicago GC, Repairs & Alterations 1/97 - 3/98
Department of General Services
510 N. peshtigo Court, Rm. 6A
Chicago, IL 60611
$6,492,263 The Ohio State University Hospital Rehabilitation 1/97-1/98
Office of the University Architect
2009 Millikin Road
Columbus, OR 43210
, $959,968 County of Los Angeles GC, Repairs & Alterations 1/97 - 1/98
Department of Internal Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
$15,977,025 .Chicago Board of Education Repair Schools ' 1/96 - 12/97
1819 W. Pershing
Chicago, IL 60609
$14,481,115 Chicago Board of Education Repair Schools 1/96 - 12/97
1819 W. Pershing
Chicago, IL 60609
$24,838,400 Chicago Board of Education Repair Schools 2/97 -- 11/97
1819 W, Pershing
Chicago, IL 60609
City of Miami Beach, FL
JOe Contracts
ITB 12-03/04, 13-03/04,14-03/04
F .H.Paschen, S.N. Nielsen
JOe Experience
City of Miami Beach, FL
JOC Contracts
ITS 12-03/04, 13-03/04,.14-03/04
- F .H. Paschen,S.N. Nielsen
JOC Experience
Value
$},262,828
$2,686,045
$2,968,955
$4,000,106
$5,999,112
$3,952.786
$979,311
$2,185,932
$3,714,941
Owner
The Board of Trustees of the
University of II Jinois at Chicago
1140 S. Paulina Street
Chicago, IL 60612
Project Description
Hospital Rehabilitation
Duration
11/96 - 1 1/97
Montgomery County
Office of Procurement
Rockville Metro Center
250 Hungerford Drive, Suite 200
Rockville, MD 20850-4168
Repairs, Alterations &
Rehabilitation of Various
County Facilities
8/96 - 8/97
The Trustees of Purdue University
Construction Department
1653 Freehafer HaJJ
VV. Lafayette,~ 47907
General Construction, Repairs
& Alterations of West Lafayette
Campus
7/96 -7/97
G.C., Repairs & Alterations
12/96 - 6/97
. Metro. Water Reclamation District of
Greater Chicago
100 E. Erie Street
Chicago, II.. 6061 1-2803
Chicago Park District
425 E. McFetridge Drive
Chicago, IL 60605
Various Park Building
Rehabilitation
5/96 - 5/97
City of Chicago
Department of General SerVices
510 N. Peshtigo Court, Rm. 6A
. Chicago, IL 60611
Repaii's& Alterations to
Various City Facilities
9/95 - 8/96
(Extended to
3/97)
County of Los Angeles
Department of Internal Services
1100 N. Eastern Avenue
Los Angeles, CA 90063
GC, Repairs & Alterations
1/96 - 1/97
1/96 - 1/97
City of San Diego
Metro. Waste Water Department
600 B. Street, Suite 500
San Diego,CA 92101-4587
: Civil Repairs
The Ohio State University
Office of the University Architect
2009 Millikin Road
Columbus, OH 43210
Laboratory Rehabilitation
1/96 - 1/97
City of Miami Beach,FL
JOe Contracts
ITB 12-03/04, 13-03/04, 14-03/04
Value
$380,981
$348,451
$3,886,752
$4,736,377
$2,995,724
$5,131,276
$1,928,788
$3,500,000
$7,974,922
Owner
U.S. Postal Service
Major Facilities Office
P.O. Box 40591
Philadelphia, PA 19197-0591
U.S. Postal SerVice
Major Facilities Office
P.O. Box 40591
Philadelphia, PA 19197-0591
F .H. Paschen, S.N.Nielsen
J~ Experience
Project Description
General Construction, Repairs
& Alterations of Various Postal
Facilities, Greater Chicago, n.
and Gary, IN
General Construction, Repairs
.& Alterations of Various Postal
. Facilities"':' CentrallUinois area
Repairs, Alterations &
Rehabilitation of Various
County Facilities .
. Montgomery County
Office of Procurement
Rockville Metro Center
250 Hungerford Drive, Suite 200
Rockville, MD 20850-4168
The Trustees of Purdue University
Construction Department
1653 Freehafer Hall
VV.Lafayette,~ 47907
. Chicago Park District
425 E. McFetridge Drive
Chicago, JL 60605
Chicago Public Schools
Department of Purchasing
1819 West Pershing Road
Chicago, JL 60609-2391
General ConstructioIl,Repairs
& Alterations of West Lafayette
Campus
Various Park Building
Rehabilitation
Repair Schools
Repairs & Alterations to
Various City Facilities
City of Chicago
Department of General Services
510 N. Peshtigo Court, Rm. 6A
Chicago, JL 6061 1
Chicago Park District
425 E. McFetridge Drive
Chicago, IL 60605
Chicago Public Schools
Department of Purchasing
1819 West Pershing Road
Chicago,IL 60609-2391
V ariousPark Building
.. Rehabilitation
Duration
10/93 -10/96
10/93 -10/96
8/95 - 8/96
7/95 -7/96
5/95 - 5/96
4/95 - 4/96
9/94 - 8/95
5/94 - 5/95
4/94 - 4/95
City of Miami Beach, FL
JOC Contracts
ITS 12-03104, 13..03/04, 14..03/04
F.H. Paschen, S.N. Nielsen
JOe Experience
Value
$500,000
$142,538
$500,000
$500,000
$500,000
$500,000
General Construction &
Rehabilitation of Postal
Facilities, South Haven, MI
Duration
1 1/89 - 11/90
12/89 -11/90
11/89 - 11190
2/88 - 2/89
2/88 - 2/89
9/87 - 9/89
Owner
U.S. Postal Service
433 W. Van Buren
Chicago, IL 60607-9991
Project Description
General Construction &
Rehabilitation of Postal
Facilities, South Suburban
Illinois
U.S. Postal Service
225 Michigan AvenueN.W.
Grand Rapids, MI 49599-9991
General Construction &
Rehabilitation of Postal
.. Facilities, BMC O'Hare &
Forest Park, IL
U.S. Postal Service
.433 W. Van Buren
Chicago, IL 60607-9991
U.S. Postal Service
433 W. Van Buren
Chicago, IL 60607-9991
General Construction &
Rehabilitation of Postal
Facilities, Rockford, Illinois
MSC.
General Construction &
Rehabilitation of Postal
Facilities, Chicago, IL
U.S. Postal Service
433 W. Van Buren
Chicago, U.. 60607-9991
General Construction &
Rehabilitation of Postal
Facilities, Northeast Central
Illinois
U.S. Postal Service
433 W . Van Buren
Chicago, IL60607-9991
City of Miami Beach, FL ... ..
JOC Contracts 12-03/04, 13-03/04, 14-03104
Management Pbm
Page 3-1
3.0. EXDerience
F .H. Paschen, S.N. Nielsen is Ii company with an extensive perfonnance record in
virtually all aspects of construction. F .H. Paschen, .S.N. Nielsen has successfully
completed each and every contract it has been awarded. We take great pride in our
ability to perform each contract to the Customer's complete satisfaction. Not only is this
superior perfonnance mandated by executive management, it is the primary goal of all
employees of the company.
During the past five years,.F.H. Paschen, S.N. Nielsen, has completed $995,000,000 in
construction contracts. This equates to an average of S 16,600,000 of work in place per
month. These values represent over 200 fixed price contracts totaling S807,800,000, and
35 job orderlindefinite quantity contracts in the amount ofS187,200,000. Additionally,
we have currently in progress over 100 fixed price contracts totaling over S200,000,000,
and 10 joborder/indefinite'quantity contracts totaling approximately S54,000,000.
Job Order/Indefinite Quantity COiltracts representapproxiniately twenty percent (20%) of
our revenue. F.H. Paschen, S.N. Nielsen has successfully performed job order contracts
for such clients as:
United Postal Service
County of Los Angeles, CA
County of San Diego, CA
The Government of Montgomery County, MD
Purdue University
Metropolitan Water Reclamation District of Greater Chicago
City of Chicago, Dept. of General Services
City of Chicago, Dept.of Transportation
Chicago Park District
Chicago Board of Education
University of lllinois - Urbana-Champaign
As stated earlier, F.H.Paschen, S.N. Nielsen is currently performing 10job
order/indefinite quantity contracts with a total value of S54,000,000. The typical job
order contract performed has 10-15 work orders in progress at anyone time. The average
work order value varies with each contract, but a typical range is $25,000 to S250,000,
with four to eight subcontractors employed on each work order.
This statistical data is presented to demonstrate our ability to perform and manage
multiple contracts simultaneously. Key to our success in the installation of the proper
. management team on each and every project, regardless of size.
We offer the following client references, as well as projects which are representative of
our experience in projects similar in scope and nature to the type contemplated by this
contract:
"Use or disclosure of data contained on this sheet is subject to the restriction on the title page ofthis proposal"
City of Miami Beach, FL
JOC Contracts
.. 12-03/04, 13-03/04, 14-03104
F .H. Paschen, S.N. Nielsen
JOCProjects In Progress
Joe PROJECTS IN PROGRESS
Value OWner Project Descriptlon Duration
$3,000,000 Chicago Park District Contract No. P-03061 12/03 to 12/07
541 N. Fairbanks - 6th Floor General Construction
Facilities Management Repairs & Alterations to
Chicago, IL 60611 Park District Facilities
Mr. John Piazza
312-742-4276
$4,000,000 Metro. Water Reclamation District of Contract No. 01-664-11 9/01 to 9/05
x 4 years Greater Chicago Option Year 2
100 E. Erie Street General Construction,
Chicago, IL 60611-2803 Repairs & Alterations to
Mr. Brett GareUi MWRDGC Facilities
847-568-8312 FHPNo.1120/1220
$9,000,000 City of Chicago Contract No. T26463 11/01 to 11105
x 4 years Department of General Services Option Year 3
30N. laSalle Street- Ste. 3700 General Rehabilitation of
Chicago, IL 60602 City Facilities
Mr. Jerry McGteam FHPNo.1036/1136/1236
312-744-8525
$5,000,000 Chicago Dept. of Transportation Buteau of Contract No. 1'26459 3/01 to 3/05
x 4 years Bridges & Transit Option Year 2
30 N. laSalle Street, Suite 600 Bridge Reconstruction &
Chicago, IL 60602-2570 Rehabilitation
Mr. Raymond Ginsburg FHPNo.1103/1203
312-744-0483
$3,000,000 City of San Diego Contract No. K02236C 3/03 to 3/05
Engineering & Capital Projects General Construction,
1010 Second Ave., Suite 500 Repairs & Alterations to/
San Diego, CA 92101 for City entities.
Mr. Siavash Haghkhah, Project Coordinator FHPNo. 1210 WC
619-533-4434
$3,000,000 County of San Diego Contract No. 45677 3/03 to 3/04
555 Overland Avenue, Bldg. 11 General Construction.
San Diego, CA 92123-1290 Repairs & Alterations to!
Mr. Jeffrey Redlin, JOC Coordinator for County entities.
619-694-8834 FHPNo.1211 WC
City of Miami Beach,FL
JOC Contracts
12-03/04, 13-03/04,14-03/04
F.H.Paschen, S.N.Nielsen
JOC Projects In Progress
Value
$4,000,000
Owner
City of San Diego
Engineering & Capital Projects
1010 Second Ave., Suite 500
San Diego, CA921 01
Mr. Siavash Haghkhah, Project Coordinator
619-533-4434
Project Description
Contract No. K02235C
General Construction,
Repairs & Alterations tal
for City Parks and
:Recreation facilities.
FlIP No. 1209 WC
Duration
3/03 to 3/05
F .H. Paschen,S.N. Nielsen
JOC Projects In Progress
City of Miami Beach. FL
JOC Contracts
ITB 12-03104, 13-03104.14..03104
JOC PROJECTS IN PROGRESS
Value Owner Project Description Duration
$3,000,000 Chicago Park District Contract No. P-03061 12/03 to 12/07
541 N. Fairbanks - 6th Floor General Construction
Facilities Management Repairs & Alterations to
Chicago, n.. 60611 Park District Facilities
Mr. John Piazza
312-742-4276
$4,000,000 Metro. Water Reclamation Districfof Contract No. 01-664-11 9/01 to 9/05
x 4 years Greater Chicago Option Year 2
100 E. Erie Street General Construction,
Chicago, IL 60611.2803 Repairs & Alterations to
Mr. Brett GareUi MWRDGC Facilities
847-568-8312 FlIP No. 1120/1220
$9,000,000 City of Chicago Contract No. T26463 11/01 to 11105
x 4 years Department of Genera.J Services Option Year 3
30 N. LaSalle Street- Ste. 3700 General Rehabilitation of
Chicago,1L 60602 City Facilities
Mr. Jerry McGleam FHPNo. 1036/1 136/1236
312-744-8525
$5,000,000 Chicago Dept. of Transportation Bureau of Contract No.T26459 3/01 to 3/05
x 4 years Bridges & Transit Option Year 2
. 30 N. LaSalle Street, Suite 600 Bridge Reconstruction &
Chicago, IL 60602-2570 Rehabilitation
Mr. Raymond Ginsburg FHP No. 1103/1203
312-744-0483
$3,000,000 City of San Diego Contract No. K02236C 3/03 to 3/05
Engineering & Capital Projects General Construction,
1010 Second Ave., Suite 500 Repairs & Alterations to/
San Diego, CA 92101 for City entities.
Mr. Siavash Haghkhah, Project Coordinator FHP No. 1210 WC
619-533-4434
$3,000,000 County of San Diego Contract No. 45677 3/03. to 3/04
555 Overland Avenue, Bldg. 11 General Construction,
San Diego, CA 92123-1290 Repairs & Alterations to/
Mr. Jeffrey Redlitz, JOC Coordinator for County entities.
619-694-8834 FHPNo. 1211 we
City of Miami Beach,FL
Joe Contracts
ITS 12..03104, 13-03104, 14-03104
F .H.Paschen, S.N. Nielsen
JOC Projects In. Progress
Value
$4,000,000
OWner
City of San Diego
Engineering &. Capital Projects
1010 Second Ave., Suite SOO
San Diego, CA 92101 .
Mr. Siavash Haghkhah, Project Coordinator
619-533-4434
Project Description
Contract No. K02235C
General Construction,
Repairs &. Alterations tal
for City Parks and
Recreation facilities.
FHP No. 1209 WC
Duration
3/03 to 3/05
General Understanding of the JOe System
F.H. Paschen, S.N. Nielsen recognizes the unique characteristics of job order contracts.
It is critical to the success of this contract that the selected contractor responds quickly to
the Owner's needs. This is accomplished through the installation of an experienced,
quality hands-on management staff capable of making the decisions necessary to ensure
the timely performance of this project in it's entirety. This staffwill be augmented with
support from the corporate office as required, particularly in the areas of risk
management, loss control, safety, accounting, afiirmativeaction and administration.
-If
.
It is our assessment that the following is critical. to the operations and management of this
JOe contract:
~ Management staff with dOCuIl1ented JOe experience. Education is important, but it is
our belief that experience and our extensive in-house training in this unique
contracting concept is key to the success of these projects.
~ A unified and cooperative partneringapproach with the Owner and Owner's
Representatives to ensure timely issue resolution and open path of communication.
~ Subcontractor selection based on experience and financial stability criteria
~ Quality craftsmanship in all areas of work.
~ A sophisticated tracking system to monitor all phases.. of the work, from proposal
pricing to work order completion.
F.R. Paschen, S.N. Nielsen will follow all guidelines as outlined in the JOe General
Conditions. To be more sp~ific the following shall occur:
~ Await Call from client to schedule joint scope.
};> Meet at site to finalize scope.
~ Receive final scope of work and Request For Proposal. (RFP) from client.
};> At this time, FHP/SNN will conduct field measurements and other related tasks to
complete aProgen Proposal. .. .
~ Present Progen Proposal to client with the allotted time frame (five days).
};> Await Notice To Proceed (NTP) from client. ..
~ Once Notice To Proceed (NTP) is received, FHP/SNN will schedule a pre-
construction meeting and present any required submittals for approval.
~ Schedule construction.
F.H. Paschen, S.N. Nielsen's policy for the JOCis to give the project management staff.
the authority and responsibility to operate autonomously. We have established this
policy because we believe it is in the best interest of the Owner. The Owner must have
contractor personnel available to make immediate contractual decisions without delay for
corporate approval.
. ..proJectManual
I
\:>::~".:..,;.'
Ria...."........................'.....'...
. .-..'
. . ....
.' ,..' ."
00708 " FORNI CERTIFICATEOFINSlJRANCE
XXX 1.
xxx 2.
XXX 3.
______4.
XXX 5.
)00(6.
xxx 7.
XXX 8.
XXX 9.
.. .
INSURANCE CHECK.LlST
Workers" Compensation and Employer's Liability per the statutory Iirriitsof
the State of Florida.
Comprehensive General Liability (occurrenceform),limits of liability
$1.000.000.00 pet occurrence for bodily injury property damage to inClude
Premises/Operations; Products, _ Completed Operations and Contractual
. Liability. Contractual Liability and Contractual Indemnity (Hold harmless
endorsement exactly as written. in "insurance requirements" of
specifications ).
Automobile Liability- $1,000,000 each occurrence - owned/non;.
owned/hired automobiles inCluded.
Excess Liability _ $ .00 per occurrence to foliow the primary
coverages.
The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
Other Insurahceasindicated:
Builders Risk completed value $ .00
Liquor Liability $ .00
Fire Legal Liability $ .00
Protection and Indemnity ./ $ .00
. Employee Dishonesty Bond . $ .00
XXX .. Professional Liability , $ 250.000.00
Thirty (30) days writteh cancellation notice required.
Best'sguide ratingB+:VI or better, lateSt edition.
The certifiCate must state the Quote number and title
VENDOR AND INSURANCE AGENTSTATE:MENT:
We understand the Insurance ReqUirements of the~e. .specifi
. evidence of this insurance may be required within five (5) days aft
EHP 'l'eet:arl.cs Corp. d/b/a
. F.H. Pasd1en,S.N. Nie1sen& AssOciates
Contractor
Signature of Contractor
Page 64
City of Miami Beach
copyright C 2CXl4 The Gordian Group
March 2004
ACORDTM CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 I DATE
06/14/2004
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. o. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE
INSURED FHP Tectonics Corp. INSURER A: St. Paul Fire & Marine Insurance Comoanv 21113 - 001
dba F.H. Paschen/S.N. Nielsen & Associates INSURER B: Wes tches ter Fire Insurance Co. (THRU INT I 21121- 000
O'Hare Plaza
8725 W. Higgins Road, Suite 200 INSURER C:
Chicago, IL 60631 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
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.
INSR TYPE OF INSURANCE POLICY NUMBER P&1!~rri~~68,wIE Pgk!fl/~rXb~N LIMITS
LTR
A ~NERAL LIABILITY KK01200896 10/1/2003 10/1/2004 EACH OCCURRENCE $ 1 000.000
.x 3MERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 100 000
- CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $ 10 000
- PERSONAL & ADV INJURY $ 1 000 000
GENERAL AGGREGATE $ 2 000.000
-
l~rLAGGR~E LIMIT APnSIPER: PRODUCTS-COM~OPAGG $ 2.000 000
PRO-
POLICY X JECT LOC
A ~TOMOBILE LIABILITY KK01200896 10/1/2003 10/1/2004 COMBINED SINGLE LIMIT
$ 1,000,000
eX- ANY AUTO (Ea accident)
f-- ALL OWNED AUTOS fr'f[;j,;J1 BODILY INJURY
$
SCHEDULED AUTOS (Per person)
f--
eX- HiRED AUTOS BODILY INJURY
$
.x NON-OWNED AUTOS l.1 (Per accident)
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS LIABILITY CUW7737660 10/1/2003 10/1/2004 EACH OCCURRENCE $ 20 000 000
W OCCUR D CLAIMS MADE AGGREGATE $ 20.000 000
$
==1 DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND WVK1201291 10/1/2003 10/1/2004 I WCSTATU-, I IOTH-
EMPLOYERS' LIABILITY X TORY LIMITS ER
The Proprietor E.L. EACH ACCIDENT S 1 000.000
Partners, Executives EL DISEASE - EA EMPLOYEE $ 1 000 000
are Included E.L DISEASE - POLICY LIMIT $ 1 000.000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Job Order Contract #14-03/04, Job Desc.: Capital Improvement Projects
Coverage provided in accordance with referenced Job Order Contract 14-03/04
CERTIFICATE HOLDER I x I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Miami Beach, Florida IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
Procurement Division
Attention: City of Miami Beach, Risk Manager REPRESENTATIVES.
1700 Convention Center Drive AUTHORIZED REPRESENTATIVE
Mi~i Beach, FL 33139 ~, IA ~. ~.6. .... ,.... ,. ~ .... .J
ACORD 25-8 (7/97)
Coll:1016762 Tpl:204499 Cert:4462063
@ACORDCORPORATION 1988
willis CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 I DATE
06/14/2004
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE
INSURED FHP Tectonics Corp. INSURER A: St. Paul Fire & Marine Insurance Comoanv 21113 - 001
dba F.H. Paschen/S.N. Nielsen & Associates INSURERS: Westchester Fire Insurance Co. (THRU INT 1 21121- 000
O'Hare Plaza
8725 W. Higgins Road, Suite 200 INSURER c:
Chicago, IL 60631
INSURER 0:
I INSURER E:
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Miami Beach, Florida is an ADDITIONAL INSURED pertaining to the General Liability policy
with respects to liability arising out of the Named Insured's operations on the referenced project.
Professional services for architects, engineers, consultants, etc., are EXCLUDED.
This insurance will be primary and non-contributory insurance with respect to any other available
insurance to the ADDITIONAL INSUREDS for the negligence of the Insured on the referenced project.
A Waiver of Subrogation in favor of the ADDITIONAL INSUREDS is included on the General Liability,
Automobile Liability and Workers Compensation policies only.
Coll:1016762 Tpl:204499 Cert:4462063
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7/97)
Coll:1016762 Tpl:204499 Cert:4462063
ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS
GENERAL LIABILITY -INCLUDING COMPLETED WORK
This endorsement changes your Contractors
Commercial General Liability Protection
How Coverage Is Changed
There are two changes which are described
below.
1. The following is added to the Who is Protected
Under This Agreement section. This change
adds certain protected persons and limits their
protection.
Additional protected person. The person
or organization named below is an additional
protected person as required by a contract or
agreement entered into by you. But only for
covered injury or damage arising out of:
· your work for that person or organization;
· your completed work for that person or
organization if your contract or agreement
requires such coverage;
· premises you own, rent, or lease from that
person or organization; or
· your maintenance, operation, or use of
equipment leased from that person or
organization.
We explain what we mean by your work and
your completed work in the Products and
completed work total limit section.
If the additional protected person is an
architect, engineer, or surveyor, we won't
cover injury or damage arising out of the
performance or failure to perform
Person Or Organization:
1heStRtul
architect, engineer, or surveyor professional
services.
Architect, enginee~ or surveyor professional
services includes:
· the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders,
designs, or specification; and
· supervisory, inspection, or engineering
services.
2. The following is added to the Other primary
insurance section. This change broadens
coverage.
We11 consider this insurance to be primary to
and non-contributory with the insurance issued
directly to the additional protected persons
listed below if:
· your contract specifically requires that we
consider this insurance to be primary or
primary and non-contributory insurance; or
· you request before a loss that we consider
this insurance to be primary or primary and
non-contributory insurance.
Other Terms
All other terms of your policy remain the same.
Any Person or Organization You Are Required By Written Contract to Add as an Additional Protected
Person.
City of Miami Beach, Florida
Name of Insured:
Policy Number: KK01200896 Effective Date
Processing Date
G0322 Rev. 12-97 Printed in U.S.A. Endorsement
@St. Paul Fire and Marine Insurance Co. 1997 All Rights Reserved
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-8 _ FORM OF PI!RFO!tMANc!e ,BOND _ Bbnd W 929336701
FHP Tectonics Corp. dba F .H. ' Paschen,
B'iTHIS BOND, We S.N. Nielsen & Associates
as Principal, hereinafter called CONTRAC~~R, and Continental Casualty CQ1'11PCiny
as Surety, are bound' to the CI1)' of'Miami Beach,. Fiorida, as Obligee, hereinafter
called CllY, in' the initial amount of Two Mil/ion Dollars ($2,000,000), for' the
: " I. .
. payment Whereof CONTRACTOR ahd. Surety. bind ~emseJves, their heirs,
execUtors, administratorS, successors and asslgrs, JoIntly and sewrany.
- WHEREAS; CONtRACTOR ~~. ~y ~tten lIllre~nt ..nta~., ComiaOl.
Bid/Contract No.: 14-03/04 ..8Wafded the ~ .. day Of 20 ~
With CllY which Contract DocLlments' are by. reference ineorporated herein and
. . made a part hereof, and sj>ecfflcally' include provision for liquidated damages, and
I, I
other da'mages Identified, and for the purpOses of this Bond are hereafter referre(l to
as the .COnfrsd";
THE CONDmON OF THis BOND'ls that'i(:CONTRACTOR:
1. P.etforms the Contract between CONTRACTOR and CITY for constrUction of
Job Order Contract ITB 14-03/04 . .'the Contract b9ing
. made a part of this Bond by reference, at the times and in the manner
prescribed in the Contract; and : ~ . .
2. . Pays CITY all:108888, liquidated damages, expenses, .costs and attorneys
fees including appellate proceedings, that CITY sustains as a result of default
by CONTRACTOR under the COntract; and
3. Performs .the 'guarantee 01" all work and materfals 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 shan 'be, and declared by 'CITY to be,' in' default
under the Contract, CITY haVing peiformed 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 .
~ .. .
March 2004
City of Miami Beach
ClDpyllghD2llD4......_ ~
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3.2. Obtain a bid or bids for:completli'lg 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 Cln"
elects. upon 'determination by ~ITY and Surety jointly of the low:est
responsible i;Udder, arrange for B contract between such Bidder and
CITY; and make avaDable 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 Gontmct
Price; but not exceeding, including ,other costs and damages for
which the Surety may be liable hereunder, the amount set forth In the
first paragraph hereof. The term -balance of the Contract Price," as
used in this paragraph, 'shall mean the tOtal amount payable by CITY
to CONTRACTOR under the Contract and any amendments thereto,
less the amount properly paid by CITY' to CONTRACTOR
4. . No right of aetion. shall accrue o'n this bond to or for iIle use of any person or
corporation other than CITY named herein.
5. The Surety hereby waives notice of and agraes that any changes in or under
the Contract Documents and compUance or noncompliance with any
formalities connected with the Contract or the changes does no~ affect
Surety's obligation under this Bond. '
slgni:Kf and ~ealed this 15th
! 'day ot
June
.. 20 04
Page 66
City of Miami Beach
COWIOhlG 2tICl4 n., ~-.
March 2004
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Paschen,
(CORPORATE. SEAL)
(Type NamelT"rtIe ~igned Above)
17th day of June .. 20 04
IN THE PRESENCE OF:
~:~2Y~'
Agent and Attorney-in-Fact
:v~oo Lacp.y ROCld
(Address: street)
Downers Grove, Illinois 60515
. (City/StatelZip)
Telephone No.: 630-719-3013
March 2004
City of MI~ml Be~ch
~11l O:ll>>4 'llt8 ~ Grtup
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e '. , Bond # 929336701
'00720' , : FOiu.t OF PAYMENT'BOND' . ,
: fliP Tectonics ,Corp. dba F.B. Paschen,
, BY THIS BOND, We' s. N. Nielsen' & Associates . .as
~rinclpar, h~reitiafter calied CONTRACTOR, .end O:nt:in:ntal cas..albL CI::Jq:HIy as ,
'Surety, are bound'tO the CITY of Miam(S$ac/i. Florida, as Obligee, herelnafte.r
I '
',called CITY, in the .atnount of initial TwO Miliion Dollars ($2,000,000) for the payment
, ,
whereof CONTRACTOR and Surety bind .themseIVEls, their heIrs, executors,
administrators. .successors and assigns; joirltty and severally.
. ~HEREAS, CONTRACTO~ has bY'~tt&n ~ement entered into'8 Contract.
. Bid/COntract No.: 14-03/Q'bwarded ~e '2fp day of~, 20,1.2.i:=:.
. witli CITY which Contract Docu'mentS are by reference incorporated' herein and
made's part hereof. and specifically include 'provision for lIquidated damages, an'd'
other damages identifj'ed, and for the purposes' of this Bond are 'h~r8after reiferretJ to
as th'e' .Contract'": ' '
. "
THE CONDiTIO~ OF'THIS BOND is that if CONTRACTOR:
1. Pays' CllY a1l ,lOsses, ,liquidated damages, expenses, costs and attorneys
, f~es including appellate proceedings; that CI'JY sustains because of/default
by CONTRACTOR under. the Contract; and. ,
2. Promptly makes p'ayrnents to aD claimants as defined by Florida statute
250.05(1) 'for all labor, materials and supplies used dIrectly or indirectly by
CONTRACTOR in the perfonnance of the Contract;
, ,
-THEN :CONTRACTOR'S OBLIGATioN SHALL BE VOID; OTHERWISE, IT'SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, 8xcepr a labOrer;' Who is not in privity with
CONTRACTOR and who has not received payment for its labor.
materials, or supplies shall, ~lthin forty-five (45) days after beginning
to fumlsh 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 J..nh 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
cop,tIghl 0 2aI4 'IhB __ Grl>IIIl
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March 2004
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delivery of the materials or:supplies, delhrer'to tONTRACTOR and to
the Surety, written notice of the perfonnance Of the labQr or delivery
of the materials or supplies and of the nonpayment. '
No action for the 'labor, frialerisls., or supplies may be ifl~ituted
against CONTRACTOR or the Surety unless the notices stated under
~e preceding conditions (2.1) and (2.2~ have been given. '
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. : I
'The Surety hereby'waives notice ct alfd ~grees that any changes in or under' the
Contract Documents and compliance o'r noncompliance. with I any formalities
,connected With the Contract or the changes does not affect the Surety's obligation
, under this Bond.
I
2.3.
2.4.
. SIgned and 'sealed this 15th
w~un. 01 (1
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(CORPORATE'SEAL)'
day 'of
June. 20 04
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Na:n.. 01 . ""', 0 . ... .
By , "
(Signature and Title)
Paschen,
~ F. Po~ Pl:esident
(Type NamelTitle Signed Pbove)
IN tHE PRESENCE OF':
By
3500 Lacey Road
,(Address: street)
pawners Grove, 'Illinois 60515
(Clty/stateJZip)
Telephone No.: 630-719-3013
March 2004
City of Mlamr Beach
co~.21X14'1hoo_~
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Bond # 929336701
June 15, ?004
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NOTICE'
In accordance with the Terrori~m Risk Ins~ance Act of 2002, we are providing this
I
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by anyone or
more of the following 'companies (collectively the "Writing Companies") as surety or
insurer: Western Surety Company, Universal Surety of America, Surety Bonding ,.'
Company of America, Co~tinental Casualty Company, National Fire Insurance Company
of Hartford, American Casualty Company of Reading, P A, The Firemen's Insurance
Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($O.()O). .
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Form F7310
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STATE OF ILLINOIS
COUNTY OF COOK
, ,
On this 15th day of June , 2004, before me
persoD8.l1y came Adrienne, C. Sb:venson to me
knOWD, who being by so duly sworn, cUd depose and say: that he/she is
Attomey-IJi-Fact of
Continental Casual tv Canoanv
the Corporation described in and which executed the foregoing
instrument; that he/she knows the .seaJ. of said Corporation; that the seal
afBxed to said Instrument is such corporate seal; that is was so afBxed by
authority granted to him/her In accordance with the By-Laws of the said
Corporation, and that he/she slgDed his/her name thereto b~ Uke
authority.
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NOTARY PUBLIC'
.C"......................1.'U,.(a~--...~<<<<'Q'....................~
:c Vt"t"R.lIAL CH:AL ~
.: ... ,. CECILIA A. RASKO ~
:c NOTAI4Y PUIIJC."A1E aI UJNOII I
): III COMIIISSION t>>u D' MIl. a. .., ~ .
. ."n'''n""""""",~;""",,~.lIy Commasion Expires
January 3. 2007
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
I Know AU Men By These Presents, That ,Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a
Connecticut corporation, and American C~ualty Company of Reading, 'PennsYlvania, a Pennsylvania corporation (herein called "the CNA Companies"), .
are duly organized and existing corporatiol;1s having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the
signatures and seals herein affixed hereby make, constitute and appoint I
Ad~ienne C Stevenson, Patricia 1M, Stei~, ~~hn :k Johnson, Ca:'nda~e T Stevtnson~ Samuel i Ware ~r~'William T Krumm,' , '
Individually
I'
of Chicago, IL, their true and lawful Attorney(s)-in-Fact with full ~wer and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. "
,
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on th~ reverse hereof, duly
adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 3rd day of November, 2003.
OFFICIAL SEAL
ELIZA PRICE
NOTARY PUIIUC, STAn! OF IUlNOI8
11ft CO_ION ElCI'lRE8: ot/171Oe
My Commission Expires September 17, 2006
Continental Casualty Company
. National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
Vice President
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of
Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
15th day of June 2004
Form F6853-1l/2001
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
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00800 GENERAL CONDiTIONS
1. Project Manual:
1.1. Order of Precedence of the Component Parts of the Contract
Documents:
1.2. In the event of a conflict between different parts of the Cohtract
Documents, the order of precedence of the component parts of the
Contract Documents shall be as follows:
A. Project Manual, Volume I
B. Addenda,.if any
C.PIans and. Drawings, if any
D. Construction task Catalog, Volume II
E. Standard Specification of the City, State or Federal
Government, if any
F. The Job Order
G. Technical Specification, Volume III
H. Proposal and ACceptance Forms
I. Invitation to..Bid
J. Bonds
K. Insurance .
1.3. The Project Manual includes any general and JOC Supplemental
Contract conditions or specifications attached hereto.
1.4. the Project Manual, along with all dOCuments that make up and
constitute the Contract Documents, shall be followed in strict
accordance as. to Work, performance, material, and dimensions
except when City and or Program Manager may authorize, in writing,
an exception.
1.5. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall
be resolved by the City and or Program Manager. . Contractor shall
not proceed when in doubt as to any dimension or measurement, but
shall seek clarification from the City and or Program Manager.
1.6. Contractor shall be furnished, free of charge, 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
March 2004
City of MiamiBeach
copyright C 2004 The Gordian Group
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Program Mahagerauthorized representatives. . Additional copies of
the Project Manual may be obtained from City at the cost of
reproduction.
2. Intention of City:
2.1. It. is the intent of City to describe in the Contract Documents a
functionally complete Project (or part thereOf) to be constructed in
accordance with the Contract Documents and in accordance with all
codes and regulations governing construction of the Project. Any
work, materials or equipment that may reasonably be inferred frOm
the Contract Documents as being required to produce the intended
result shall be supplied by Contractor whether or not specifically
called fOr. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals,or codes of any
technical society, organization or association,or to the laws or
regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard
.specification, manual, code or laws or regulations in effect at the time
of opening of bids and Contractor shall comply therewith. City shall
have no duties other than those duties and obligations expressly set
forth within the Contract Documents.
3. Preliminary Matters:
3.1. At a time specified by the. City and or Program Manager but before
Contractor starts the work at the Job Order site, a conference
attended by Contractor, City and or Program Manager and others as
deemed appropriate by Contract Administrator, will be held to discuss
the schedule, Shop Drawings other submittals, safety, site access
and Other issues as required to establish a clear understanding of the
construction operations.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor
shall furnish a Performance Bond anda Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
4.1. Each Bohd shall be in 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 subcontractorsemp10yed pursuant to this Project. Each
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5.
Bond. $hall.be with.a surety cornpanywhich is qualified pursuant to
Article 5.
. .
4.2. Each Bond shall continue in effect for oneyear 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 $2,000,000 each. If an individual
Job Order is issued over the maximum amount of initial value of the
contract bonds, the City will request from the contractor a payment
and performance bond equal to the amount of the Job Order. The
City will pay for the extra bonds as a Non-prepriced task with no mark
ups from the contractor.
4.3. Pursuant to the requirements of Section 255.05(1 )(a), Florida
Statutes,a$ may be amended from time to time, Contractor shall
ensure that the bond(s) referenced above shall be recorded in the
public records of Miami-Dade County and provide City with evidence
of such recording.
4.4. Alternate Form of Security: In lieu of a Performance Bond and a
Payment Bond, CONTRACTOR may furnish alternate forms of
security which maybe in the forniof cash, money order, certified
check, cashier's check or unconditional letter of credit in the form
attached hereto as Form 00735. Such alternate forms of security
shall be Subject to the prior approval of CITY and for same purpose
and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
Qualification. of Surety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five
Hundred Thousand Dollars ($500,000.00):
5.1.1. Each bond rnustbe executed by a surety company of
recognized standing, authorized to do business in the State
of Florida as surety, having a resident agent in the State of
Florida and having been in ,business with a record of
successful continuous operation for at lea$t 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
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Circular 570, Current Revisiohs.lfthe amount of the Bond
exceeds the underwriting limitation set forth in the circular,
in order to qualify, the net retention of the surety company
shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in. accordance with Treasury
Circular 297, revised September 1, 1978 (31 DFR Section
223.10, Section 223:111). Further, the surety company
shall provide CITY with evidence satisfactory to CITY, that
such excess risk has been protected in an acceptable
manner.
5.1.3. The CITY will accept a surety bond from a company with a
rating of B+or better for bonds up to $2 million, provided,
however, that if any surety company appears on the watch
list that is published quarterly by Intercom of the Office of
the Florida Insurance Commissioner, the CITY shall review
and either accept or reject the surety company based on
the financial information available to the CITY. A surety
company that is rejected by the CITY may be substituted
by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not
increase. The following sets forth, in general, the
acceptable parameters for bonds:
Policy- Financial
holder's Size
Ambuntof Bond Ratinos Cateoorv
SOO,Q01to 1,000,000
1,000,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10,000,000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
B+
B+
A
A
A
A
A
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
6. Indemnification:
. .
6.1. CONTRACTOR shall indernnifyandhold harmless CITY,itsofficers,
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.
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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 Ii ability 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 of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain
in force until all of its work to be performed under this Contract has
been completed and accepted by CITY (or for such duration as is
otherwise specified hereinafter),theinsurance coverages set forth
herein.
7.1.1. Workers' Compehsationinsuranceto apply for all
employees in compliance with the ''Workers' Compensation
Law" of the State of Florida and all applicable federal laws.
In addition, the policy(ies) must include:
7.1.1.1. Employers' Liability with a limit 01$500.000 each
accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for
the U.S. . Longshor'emen& 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 latest edition of the Comprehensive
General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
7.
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7.1.2.1. Premises and/or Operations.
7.1.2.2. Independent Contractors.
7.1.2.3. Products and/or Completed Operations for
contracts over Fifty Thousand Dollars
($50,000.00) CONTRACTOR shall maintain in
force until atleast three years after completion of
all work required under the Contract, coverage for
Products and Completed Operations, including
Broad FOI1l1 Property Damage:
7.1.2.4. Expfosion, Collapse and Underground Coverages.
7.1.2.5. Broad Form Property Damage.
7.1.2.6. Broad Form Contractual Coverage applicable to
this specific Contract, including any hold harmless
and/or indemnification agreement.
1.1.2.7. 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 beexpressly.included as an Additional
Insured with respect to liability arising out of
operations performed for CITY by or on behalf of
CONTRACTOR or acts or omissions of
CONTRACTORinccmnection with general
supervision of such operation.
7.1.3. Business AutombbileLiability with. minimum limits of One
Million ($1,000,000) per occurrencE=J, combined single limit
for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Automobile Liability
policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non-Owned Vehicles.
7.1.3.3. Employers' Non-Ownership.
7.2. If the initial insurance expires .prior to the completion of the Work,
renewal copies of policies shall be furnished at least thirty (30) days
prior to the date of their expiration.
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7.3. Ndticeof 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. CONTRACTORshallful11ish 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 inform similar to and contain the
information set forth in Form 00708.
. .
7.5. The offjcial title of the Owner is the CITY of Miami Beach, Florida.
This official title shall be used in all insurance documentation.
7.6. Additional ot Replacement Bond: It is further mutually 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 bohd (because of increases in the work or
otherwise) ceases to be adequate, . the Contractor shall, at its
expense within five (5) days after the receipt of notice from the CITY
to do so, fumish an additional or replacement bond or bonds in such
form, amount, and with such surety or sureties as shall be
satisfactory to the CITY. There shall be no lapse in surety coverage
and failure to do so shall be a material breach of this Contract. In
such event, no further payments to the Contractor shall be deemed to
be due under this Contract until such hew 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 less 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
8.
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permanent and whether or not incorporated or to be incorporated in
the Work.
. .
8.2. CONTRActOR shall at all times enforce strict discipline and good
order among its employees and subcontractors at the Project site
and shall not employ on the Project any unfit person or anyone not
skilled in the work to which they are assigned.
9. Royalties and Patents:
9.1. All fees, royalties, al1dclairns for any invention, or pretended
inventions, or patent of any article, material,arrangement, appliance,
Or method that may be used upon or in any manner be connected
with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in this Contract for said work.
10. Weather:
10.1. Extel1siohsto the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for a Change in
the Contract Time pursuant to Article 39. These time extensions are
jUstified only when rains or other inclement weather conditions or
related adverse soil conditions prevent CONTRACTOR from
productively performing controlling items of work identified on the
accepted schedule or updates resUlting in:
10.1.1. CONTRACrORbeing unable to work at least fifty percent
(50%) of the normal Work day on .controlling items of work
identified on the accepted schedule or updates due to
adverse weather conditions; or
10.1.2. CONTRACTOR must make major repairs to the Work
damaged by weather. Providing the damage was not
attributable to a failure to perform or neglect by
CONTRACTOR,and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal
workday on controlling items of work identified on the
accepted schedule or updates.
11. Permits, Licenses and Impact Fees:
11.1. Except as otherwise proVided within the JOC Supplemental
Conditions, all permits and licenses required by federal, state or local
laws, rules and regulations necessary for the prosecution of the Work
undertaken by CONTRACTOR pursuant to this Contract shall be
secured and paid for by CONTRACTOR. The General Contractor's
Building Permits, Public Works Permits and Zoning Permits will be
reimbursed by the CITY for the cost of the Permit only as a non pre-
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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 CITYand/or Miami-Dade County shall be
paid by CONTRACTOR. CONTRACTOR shall be reimbursed only
for the actual amount of the impact fee levied by the municipality as
evidenced by an invoice or other acceptable documentation issued
by the municipality and submitted to CITY as a non pre-priced task.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
Resolution of DispUtes:
12.1. To prevent all disputes 'and Htigaticm, 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 futnished,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 mutualagreernentof CITY and CONTRACTOR shall be
submitted to Contract Administrator in writing within twenty-one (21)
calendar days. Unless a different period of time is set forth herein,
Contract Administrator shall notify CITY and CONTRACTOR in
writing of his decision within twenty-one (21 ) calendar days from the
date of the submission of the claim, question, difficulty or dispute,
unless Contract Administrator requires additional time to gather
information or allow the parties to provide additional information. All
. non-technical administrative disputes shall be determined by the
Contract Administrator pursuant to the time periods provided herein.
During the pendency of any dispute and after a determination
thereof, CONTRACTOR, Contract Administrator and CITY shall act in
good faith to mitigate any potential damages including utilization of
construction schedule changes and alternate means of construction.
12.2. In the event thedeterniination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
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determination mlJst notify the other party in writing Within ten (1 0)
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 shaH 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 Ulider 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 orProgram 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 [)ocuments;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,atthe 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..;axaminationof 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 ofa Change Order. If such Work is not in
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accordance with the Contract Documents, CONTRACTOR
shall pay such cost.
13.2. Inspectors shaH have no authority to permit deviations from, nbrto
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 anycorTIpensation, 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.
Superintendence and SuperVision:
14.1. The orderS of CITY may be given through Program Mahager, 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 tb 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 Prbgram 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 shelll 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 :bereachable 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, CONTRACTOR1ssupenntendel1t shall record,at a minimum,
the following information in a bound log: the day; date; weather
conditions and how any weather condition affected progress of the
Work; time of commencement of work for the day; the work being
performed; materials, labor, persormel,equipment and
subcontractors at the Projectsite; visitors to the Project site, including
representatives of, CITY ahdor Program Manager, regUlatory
representatives: any . speCial Or unusual conditions or occurrences
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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 shallslJpervise'and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills
and expertise as maybe 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. CITYis Right to Terminate Contract:
15.1. If CONTRACTORfai/sto begin the Work within fifteen (15) calendar
days after the Project Initiation Date, or fails to perform the Work with
sufficient workers and equipment or with sufficient materials to insure
the prompt completion of the Work, or shall perform the Work
unsuitably, or cause it to be rejected as defective and unsuitable, or
shall discontinue the prosecution of the Work . pursuant to the
accepted schedule or if CONTRACTOR shall fail to perform any
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
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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 theProjectih 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. Incase 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 CbNrRAcTOR'sright 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 terniinatedfor convenience in writing byCITY
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 NoticeofTetminationpursuant to Sections 15.1 or
15.3 above, CONTRACTOR shall promptly discontinue all affected
work unless the Notice of Termination directs otherwise and deliver
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or otherwise make available to CITY all data, drawings,
specifications, reports, estimates, summaries and such other
information as may have been required by the Contract Documents
whether completed or in process.
16. CONTRACTOR's Right to Stop Work or Terminate Contract:
16.1. Should CITY and or Program Manager fail to review and approve or
state in writing reasons for non-approval of any Application for
Payment within twenty (20) days after it is presented, or if CITY fails
either to pay CONTRACTOR within thirty (30) days after presentation
by Program Manager of any sum certified by the CITY, or to notify
CONTRACTOR and or Program Manager in writing of any objection
to the Application for Payment, then CONTRACTOR may, give
written notice to CITY and/or Program Manager of such delay,
neglect or default, specifying the same. If CITY and or Program
Manager (where applicable), within a period of ten (10) calendar days
after such notice shall not remedy the delay, neglect, or default upon
which the notice is based, then CONTRACTOR may stop work or
terminate this Contract and recover from CITY payment for all work
executed and reasonable expenses sustained therein plus
reasonable termination expenses. Any objection made by CITY to an
Application for Payment shall be submitted to Contract Administrator
.in accordance with the provisions of Article 12 hereof.
17. Assignrnent:
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 or concealed conditions at the Project site
which differ materially from those shown on the Contract Documents
and or the Detailed Scope of Work and from those ordinarily
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encountered and generally recognized as inherent in work of the
character called for in the Contract Documents; or unknown physical
conditions of the projectsite,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. Plansand 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
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between the written and graphic portions of theOetailed Scope of
Work, the written portion shall govern.
21. CONTRACTOR to Check Plans, Specifications and Data:
21.1. CONTRACTOR shall verify all dimensions, quantities and details
shown on the plans, specifications or other data received from CITY
and or Program Manager,and shall notify CITY and or Program
Manager of all errors, omissions and discrepancies found therein
within three (3) calendar days of discovery. CONTRACTOR will not
be allowed to take advantage of any error, omission or discrepancy,
as full instructions will be furnished by the CITY and or Program
Manager. CONTRACTOR shall not be liable for damages resulting
from errors, omissions or discrepancies in the contract Documents
unless CONTRACTOR recognized such error, omission or
discrepancy and knowingly failed to report it to the CITY and or
Program Manager.
22. CONTRACtOR's ResponsibilityforOarnages and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all
loss or damage of whatsoever nature sustained until final acceptance
by CITY, and shall promptly repair any damage done from any cause
whatsoever, except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, darnaged 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 materialsahd equiprnent
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 Contract shall be guaranteed against
defective materials and workmanship, improper performance and
noncompliance with the Contract Documents for a period of one year
after final completion and acceptance of the Job Order, except as
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otherwise specifically specified in other parts of the Contract
Documents, or within such longer period of time as may be
prescribed bylaw or provided by the manufacturer.
23.3. iheGuarantee 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:"Thisdocument serves
as a one (1) year written guarantee for the work performed, and
rnaterial and equiprnentinstalled 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 guarariteeperiod, the Contractor shall repair and replace
at his own expense,when so ordered by the CITY, all work that may
develop defects whether these defects may be inherent in the
equipment or materials, in the functioning of the piece of equipment,
or in the functioning and operation of pieces of equipment operating
together as a functional unit. Any equipment or material which is
repaired or replaced shall have the guarantee period extended for a
period of one year from the date of the last repair or replacement.
24. Supplementary Drawings:
24.1. When, in the opinion of the CITY and or PrograrnManager, it
becomes necessary to explain the Work to be done more fully, or to
illustrate the Work further, or to show any changes which may be
required, supplementary drawings, with specifications pertaining
thereto, will be prepared by the CITY and or Program Manager or the
Contractor may be requested to prepare Architectural Services to
document the Detailed Scope Of Work.
24.2. The supplementary drawings shall be binding uponCONiAACiOR
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. ihe 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
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of such rernoval or corrections including cost ottesting laboratories
and personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any
defective work or to rnakeany 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 afterthe date of substantialc6mpletionor 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 sllchdefective or nonconforming Work
within the time specified by CITY without cost to CITY, to do so.
Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation which CONTRACTOR
might have under the Contract Documents including but not limited
.to, Article 23 hereof and any claim regarding.latent defects.
25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate
CITY to final acceptance.
26. Taxes:
26.1. CONTRACTOR shall pay all applicable sales, consumer, use and
other taxes required by law. CONTRACTOR is responsible for
reviewing the . pertinent state statutes involving state taxes and
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 ernploy any subcontractor or Architectural
and Engineering firm against whom CITY and or Program Manager
rnay have a reasonable objeCtion. CONTRACTOR shall not be
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required to employ any subcontractor against Whom CONTRACTOR
has a reasonable objection.
27.2. CONTRACTOR shall be. fully. responsible for all acts and omissions
of its subcontractors. and of persons directly or indirectly employed by
its subcontractors and of persons for whose acts any of them may be
liable to the same extent that CONTRACTOR is responsible for the
acts and omissions of persons directly employed by it. . Nothing in the
Contract Documents . shall create any contractual relationship
between any subcontractor and CITY or any obligation on the part of
CITY to payor to see the payment of any monies due any
subcontractor. CITY and or Program Manager may furnish to any
subcontractor evidence of amounts paid to CONTRACTOR on
account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
\ applicable terms and conditions of the Contract Documents for the
benefit of CITY.
27.4. For Contract 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 and 13;.03104 City Wide, CONTRACTOR
shall perform the Work with its own organization, amounting to not
less than 10% of. the Contract Price. The participation will be an
accumulative participation over the contract.
27.5 ExecUtion of Subcontracts:
27.5.1. The Contractor shall provide with .each Job Order Price
Proposal a list of proposed subcontractors and type of
work beingperformed. 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
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decrease the price. to be paid to thesubcohtractor
thereunder without prior notification to CITY.
27.5.4. If the CITY rejects any sub contractor or architectural and
engineering firm proposed, it is hereby agreed that the
rejection will not be the basis for an increase in the Job
Order Price Proposal.
27.6. procedure for Changing Listed Subcontractors:
A subcontractorrnay 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 contracto(shallgive 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
othelWise, nor sublet the work or any part thereof, without the
previous written consent of the CITY.
27.8. If an approved Subcontractor elects to subcontract any portion of its
subcontract, the proposed sub.subcontract shall be submitted in the
same manner as directed above.
27.9. Wherever the word Subcontractor appears, it also means sub.;.
Subcontractor.
27.10. No Subcontractor shall be permitted on the Site unless such
subcontractor is approved. Before entering into any subcontract
hereunder,the Contractor shall inform the Subcontractor fully and
completely of all provisions and requirements of this Contract relating
either directly or indirectly to the Work to be performed and the
materials to be furnished under such subcontract, and every such
Contractor shall expressly stipulate that all labor performed and
materials furnished thereunder shall strictly comply with the
requirements of the Contract.
27.11.. The agreement between the Contractor and its Subcontractors shall
contain the same terms and conditions as to method of payment for
Work, labor and materials, and as to retained percentages as are
contained in this Contract.
.27.12. The Cohtractorshall payatlSubcontractors 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.
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27.18.
The CITY's approval of a Subcontractor shall not relieve the
Contractor of any of its responsibilities, duties and liabilities
hereunder. The Contractor shall be solely responsible to the CITY for
the acts, omissions or defaults of its Subcontractor and of such
Subcontractor's officers, agents and employees, each of whom shall,
. for this purpose, . be deemed to be the agent or employee of the
Contractor to the extent of itssuboontract.
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.
Nothing contaIned ... in the contract documents shall . create any
cOntractual relation between any subcontractor and the CITY.
No SubcOntractor shall be. perrTlitted toperformW ork at the. Site until
it has furnished satisfactory evidence of insurance as required by the
CITY.
The Contractor sheill promptly, upon request, .file With the CITY a
conformed copy of any subcontract.
Contractor UableandRespohsible 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 theCol1tractor 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 whiChmayarisein this connection between
the Contractor and any subcontractor must be settled
between the partiesooncerned. CITY willl10t undertake or
be in any way responsible for the settlement of such
disputes.
27.13.
27.14.
27.15.
27.16.
27.17.
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28. Separate contracts:
28.1. CITY reserves the righttolet other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable
opportunity for the introduction and storage of their materials and the
execution of their work and shall properly connect and coordinate this
Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper-execution or
results upon the work of any other persons, CONTRACTOR shall
inspect and promptly report to.. the CITY and or Program Manager
any defects in such work that render it unsuitable for such proper
execution and results. .. CONTAACTOR'sfailure to so inspect and
report shall constitute an. acceptance of the other person's work as fit
and proper for the reception of CONTRACTOR's Work, except as to
defects which may develop in other contractor's work after the
execution of CONTRACTOR's.
28.3. CONtRACtOR shall cOnduct its operations and take all reasonable
steps to coordinate the prosecution of the Work so as to create no
interference or impact on any other contractor on the site. Should
such interference or impact occur, CONTRACTOR shall be liable to
the affected contractor for the cost of such interference or impact.
28.4. To insure the proper execution of subsequenfwork, 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 arid 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.
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29.2.2.
29.2.3.
29.2.4.
29.2.5.
CONTRACTOR shall complete to the point ofsubstcmtial
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 issual1ce of a Certificate . of Substantial
Completion. CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public. adjustment of insurance coverages and . start of
warranty for the occupied area.
CONTAACTO~ shall complete all iterhsnoted on the
Certificate of Substantial Completion within the time
specified by the CITY and or Program Manager on the
Certificate of Substantial Completion, as soon as possible
and request final inspection and final acceptance of the
portion of the Work occupied. Upon completion of final
inspection and receipt of an application for final payment,
the CITY and or Program Manager shall issue a Final
Certificate of Payment relative to the occupied area.
If CITY finds itnecessaty 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 endorsernentto 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 for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents,
the lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are
designated by CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONfAACTOR'Sown expense and
without liability to CITY, any additional land and access thereto that
may be required for temporary construction facilities, or for storage of
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rnaterials. 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 Darnage to Existing F=acilities,Equiprnent 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
roade to the CONTRACTOR because of discrepancies in actual and
plan location of utilities, and damages suffered as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at
least ten (10) days prior to the start of construction to arrange for
positive underground location, relocation or support of its utility where
that utility may be in conflict with or endangered by the proposed
Construction. Relocation of water mains or other utilities for the
convenience .of the CONTRACTOR shall be paid by the
CONTRACTOR. All charges..by utilitycornpanies.for ternporary
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 cornpany involved. No additional payrnent
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 sch~dule the work in such a rnanner that
the work is not delayed . by the utility providers relocating or
supporting their utilities. The CONTRACTOR shall coordinate its
activities with any and all public and private utility providers
occupying the right-of-way. . No compensation will be paid to the
CONTRACTOR for any loss. of time or delay.
32.4. All overhead, surface or underground structures and utilities
encountered are to be carefully protected from injury or
displacement. .AII damage. to such structures is to be completely
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repaired within a reasonable time; needless delay will not be
tolerated. The CITY reserves the right to remedy such damage by
ordering outside parties to make such repairs at the expense of the
CONTRACTOR. All such. repairs made by the CONTRACTOR are to
be made to the. satisfaction of the utility owner. All damaged utilities
must be replaced or fully repaired. All repairs are to be inspected by
the utility owner prior to backfilling.
33. . Value Engineering:
33.1. CONTRACTbR.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 asa deductive Change Order. CITY may require
CONTRACTOR to furnish .at CONTRACTOR's expense a special
performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuing the Work:
34.1. CONTRACTOR shaH carryon the Work and adheteto the progress
schedule during all disputes or disagreements with CITY, including
disputes or disagreements concerning a request for a Change Order,
are quest for a change in the Contract Price or Contract Time. The
Work shall not be delayed Or postponed pending resolution of any
disputes. or disagreements.
35. Changes in the Work or Terms of Contract Documents:
35.1. Without. invalidating the Contract and withouthotice 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
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this Project must be accomplished by means of appropriate Field
Orders and Supplemental Instructions or Change Orders issued
through a Job Order with the required Documentation.
35.2. Any changes to the terms of the Contract Documents must be
contained in a written document, -executed by the parties hereto, with
the same formality and of equal dignity prior to the initiation of any
work reflecting such change. This section shall not prohibit the
issuance of Change Orders. through a Job Order with the required
Documentation executed only by CITY as hereinafter provided.
36. Field Orders and SlJpplementallnstruCtions:
36.1. The Contract Administrator, through the CITY and or Program
Manager, shall have the righf 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 Mahagershall 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, JTlay order changes in the
Work by altering, adding to or deducting from the Job Order, by
issuing an additional Job Order. All changes are to be Owner
initiated. as a result of: 1) change in the original scope of work or 2) a
hidden condition requiring the use of work tasks or non pre-priced
tasks not in the Contractor's original Price Proposal. All such Work
shall be executed under the conditions of the original contact.
37.2. No changeS shall be made without a written Job Order frorn 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
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39.
authorized only.by Change. Orders, issued. with. a Job Order with the
required documentation and approved in advance and issued in
accordance with the provisions of the CITY.
37.5. All changes to construction contracts rnlJst be approved in advance in
accordance with the value of the Change Order or the calculated
value of the time extension.
37.6. In the event satisfactorY adjustment cahnotbe reached for any item
requiring a change in the Contract Price or Contract Time, and a
Change Order has not been issued, CITY reserves the right at its
sole option to either terminate the Contract as it applies to the items
in question and make such arrangements as may be deemed
necessary to complete the disputed work; or submit the rTlatter 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.
Value of Change Order Work:
38.1. The value of any workcoveredbya 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 Gonstruction 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 sumarnount 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.
Notification and Claim for Change of Contract Time:
39.1. Any claim fora change in the Contract Time shall be made by written
notice by CONTRACTOR to the Contract Administrator and or
38.
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Program Mahager within one (1) calehdardayof 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
deterrtlination 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 Cohtract -rime will be extended in an amount equal to time lost
on critical Work items due to delays .beyond the control of and
through no fault or negligence of CONTRACTOR if a claim is made
therefor as provided in Section 39.1. Such delays shall include,but
not be limited to, acts or neglect by any separate contractor
employed by CITY, fires, floods, labor disputes, epidemics,abnormal
weather conditions or acts of God.
40. No Damages for Delay:
40.1. No claim for damages or any claim, other than foranextensioh of
time, shall be made or asserted against CITY by reason of any
delays except as provided herein. CONTRACTOR. shall hot 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,expehsesor damages,
including but not limited to costs of acceleration or inefficiency,
arising because of delay, disrUption,. interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference
or hindrance be reasonable or unreasoriable, 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 exteht specifiCally provided
above.
41. Excusable Delay; Compensable; NOh-Compensable:
41.1. Excusable Delay: DelaY which extends the completion of the Work
and which is caused by circumstances beyond the control of
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41.3.
CONTAACTORorits subcontractors, suppliers or vendors is
Excusable Delay.
CbNiAACTbR is entitled toa. time.exterisionof the Contract Time
for each day the Work is delayed due to Excusable Delay.
CONTRACTORshaUdocurnent its claim for any time extension as
proVided in Article 39 hereof.
Failure of CONiRACTbR 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.
Excusable Delay may be compensableornon:'compensable:
41.4.1. Compensable Excusable Delay:
41.4~ 1.1. Excusable Delay is .. compel1sablewhen (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 (Hi) 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. CbNTAACTORshall be entitled to. direct and
indirect costs for Compensable Excusable Delay.
Direct costs recoverable by CONTRACiORshall
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 ona 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 bya Compensable
Excusable Delay and shall include but not be
41.2.
41.3.
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limited to, all profit on indirect cbsts, home office
overhead; acceleration, loss of earnings, loss of
productivity, loss of bonding capacity, loss of
opportunity and all other indirect costs incurred by
CONTRACTOR. The amount of liquidated indirect
costs recoverable shall be as listed in Article 19 of
the JOC supplemental Conditions per day for
each calendar day the Contract is delayed due to
a Compensable Excusable Delay.
41.4.2. Non-Compensable Excusable Delay:
41.4.2.1. When ExclJsable . Delay is (i) caused by
circumstances beyond the control of
CONTRACTOR,itssubcontractors,suppliers. and
vendors, ,and is also caused by circumstances
beyond the ,cOntrol of the CITY or Program
Manager, or (ii) is callsed jointly or concurrently by
CONTRACTOR or its subcontractors, suppliers or
vendors and by the CITY or Program Manager,
then CONTRACTOR shall be entitled only to a
time extension and no further compensation for
the delay.
42. Substantial Completion:
42.1. When CONTRACTOR considers that the Work, or a portion thereof
designated by CITY pursuant to Article 29 hereof, has reached
Substantial Completion, CONTRACTOR shall so notify CITY and or
Program Manager in writing. Program Manager and or CITY shall
then promptly inspect the Work. When CITY and or Program
Manager, on the basis of suchan 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
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Completion. The Certificate of Substantial Completion shall be
submitted to CITY throLigh 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 Drawingsahd Samples:
44.1. CONTRACTOR shall submit Shop Drawings and or Samples as
required and or as fisted intheRFP 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 ontheRFPincalendar 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.vvhich 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. Aftefthe approval 01 the 'listof items required in SeCtion 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the
various manufacturers, fabricators, and suppliers. CONTRACTOR
shall include all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check tl1e Shop
DrawingS and each and every copy shall show this approval thereon.
44.5. If the ShopOrawingsshow.or indicatedeparturesfrol11 the Contract
requirements, CONTRACTOR shall make specifiCl11ention thereof in
its letter of transmittal. Failure to point out such departures shall not
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reHeveCONTRACTbRfrotilits responsibility to cotilplywith the
Contract .Documents.
44.6. CITY and or Program Manager shall review and approve Shop
Drawings within fifteen (15) calendar days from .the date received,
unless said Drawings are rejected by CITY and or Program Manager
for material reasons. CITY'S and or Program Manager's approval of
Shop Drawings will be general and shall not relieve CONTRACTOR
of responsibility for the accuracy of such Drawings, nor for the proper
fitting and construction of the work, nor for thefumishing of materials
or Work required by the contraCt Documents and not indicated on the
Drawings. No work called for by Shop Drawings shall be performed
until the said Drawings have been approved by CITY and or Program
Manager. . Approval. shall . not .. relieve . CONTRACTOR from
responsibility for errors or omissions... of any sort on the Shop
Drawings.
44.7. No approval will be given to partial sl.Jbrnittals of Shop DraWings for
items which interconnect and/otare 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. CONTRAtTO~ shall submit the number of copies required by CITY
and or Program Manager. He-submissions of Shop DraWings shall
be made in the same~uantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop.[)rawingsmarked with
CITY's approval at the job site at all times.
45. Field Layout of theWor!< and~ecordDrawings:
45.1. During the construction. of aJOC 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: pipelines, 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
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factors. All record drawings shall be made on reproducible paper
and shall be delivered to CITY and or Program Manager prior to, and
as a condition of, final payment.
45.2. CONTAACTOR shan 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 alld clarifications in good order and annotated to show
all changes made during construction. These record documents
together with all approved s~mples and a counterpart of all approved
Shop Drawings shall be available at all timeS to CITY and or Program
Manager for reference.
45.3. Prior to, and as a condition precedent to Final Payment,
CONTRACTOR shall submit to .CITY, CONTRACTOR's. record
drawings or as-built draWings acceptable to CITY and or Program
Manager as listed in Article 46. If no drawings were provided by the
CITY or developed by the Contractor, the City may require the
contractor, at no expense to the CITY, to provide "as-builts" to
properly document the Work. The CITY will specify the form of As-
Built drawings that Will be reqUired, based on what is practicable to
both parties to the Contract.
46. As-Built DrawingS:
46.1. As the Work progresses, the Contractor and the subcontractor for
each trade or division of Work, under the direction of the Contractor,
shall keep a complete and accurate record of the following:
46.2. Challge.s and deviations between lheWork 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 s'pecific locations of piping, valves ductWork, equipment, and
other such Work which were not locatec:i or changed location on the
Drawings and shop drawings.
46.4. Equipment schedules indicating manufacturer's names andtTlodel
numbers.
46.5. The As-'Built Documents Shall be arranged in a logical order, and in
accordance with the various provisions of the Specifications (if any).
and properly indexed. The Contractor shall review them for
completeness prior to submittal to the CITY. At the completion of the
Work, the Gontractorand each subcontractor shall certify by
endorsement thereof that each of the revised sepia mylar of the
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Drawings and copy of Specifications and shop drawings is complete
and accurate.
47. Safety and Protection:
47.1. CONrRACTOR 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 p~otection to
prevent damage, injury or loss to: /
41.1.1. All. employees on the work site and other persons who may
be affected thereby;
47.1.2. All the work and all materials or eqUipment to be
incorporated therein, whether in storage on or off the
Project site; and
47.1.3. Other property at the Project site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for
removal, relocation or replacement in the course of
construction.
. . .
47.2. CbNTRACTORshall comply withaH applicablelaWs,ordinal1ces,
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 shaH erect and maintain all necessary safeguards
for such safety and protection. CONTRACTOR shall notify owners of
adjacent property and utilities whel1 prosecution of the work may
affect them. All damage, injUry or loss to any property referred to in
Article 32 above, caused directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, shall be remedied by CONTRACTOR CONTRACTOR's
duties and. responsibilities for the safety and protection of the work
shall continue until such time as all the Work is completed and
/ Program. Manager has issued a notice to CITY and CONTRACTOR
that the Work is acceptable except as otherwise provided in Article
29 hereof.
47.3. CONrRACTOR 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.
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51.
Payment by CITY for Tests:
48.1. Except When otherWise specified in the ContractOocuments .and . or
RFP I 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 reqLiired by CITY and or
Program Manager will be inconforrnance 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.
ProjecfSign:
49.1. Any requirements fora ptojectsign shaU be as set forth in the
Detailed Scope of Workandor 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 takeall..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 witttanyspecinc hurricane warning or. alert precautions
will not constitute additional work.
50.3. Additional work relating to hurricane wamingor. 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 actualstdrm
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 Right to Clean Up:
51.1. CONTRACTOR shall .at all times keep .the premises free from
accumulation of waste materials or rubbish caused by its operations.
At the completion of the. Project, CONTRACTOR shall remove all its
48.
49.
50.
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waste materials and rubbish from and about thEf Project as well as its
tools, construction equipment,rnachinery 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 cleanup and charge the cost
thereof to the contractors responsible therefor as CITY and or
Program Manager shall determine to. be just.
52. . Removal ofEql.JiphlE~ht:
52.1. In case of termination of this Contract beforecOh1pletion for any
cause whatever, CONTRACTOR, if notified to do so by CITY ,shall
promptly remove any part or all of CONTRACTOR's equiprnentand
supplies from the property of CITY, failing which CITY shall have the
right to rernove such equipment and supplies at the expense of
CONTRACTOR.
53. Nondiscritnination,tqual tmployment Opportunity,and Americans With
Disabilities Act:
53.1. CONTRACTOR . shall not unlaWfully discriminate against any parson
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 takeaffirrnative ...stepsto 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 engageinorconirnit any discrirninatory
practice in violation of CITY of Miarni Beach. Ordinance No. 92-2824
in performing.any services pursuant to this Agreement.
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54. Project Recbfds: ..
54.1. CrN 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. dJor . additional compensation ..made . by
CONTRACTOR. CONTRACTOR shall retain and make available to
CITY all such bObksand records and accounts, financial or
otherWise, which relate to the.project and to any claim fora period of
three (3) years following Final Completion of the Project. During.the
Project and the three (3) year period following Final Completion of
the Project, CONTRACTOR shall provide CITY access to its books
and records upon seventy-two (72) hours written notice.
55. Occupational Health and Safety:
55.1. 1n compliance with Chapter 442, Florida Statutes, ..any toxic
substance listed in Section 38F-41.03 of the Florida Adrninistrative
Code delivered as a result of this bid must be accompanied by a
Material Safety Data~heet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
55.2. The chemical narneand thecornmori namebfthetoxic substance.
55.3. The hazards 01" other risks in the use of the toxic substance,
including:
55.3.1. The poteritial for fire, explosion, corrosion, and reaction;
55.3.2. The knoWn acute and chrbnichealtheffects of risks from
exposure,includirigthe 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
prbtective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
55.5. The emergency procedure for spills, fire, disposal. and first aid.
55.6. A description in lay tefmsof the known spedficpotentialhealth risks
posed by the toxic substance intended to alert any person reading
this information.
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55.7 . The year and month, i1 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. THt CONtRACTOR IS WARNED. tHAT EXPOSURE TO
.. AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WitH
FOUR DISEASES: LUNG CANCER, CERTAIN
GASTROINTESTINAL CANCERS, PLEURAL OR
PERITONEAL MESOTHELlOMAAND ASBESTOSIS.
Studies indicate there are significantly increased health
dangers to persons exposed to asbestos who smoke, and
further, to family members and other persons who become
indirectly exposed asa result of the exposed worker
bringing asbestos-laden work clothing. home to be
laundered.
55.8.2. the Contractor is advised thatfriablearid/ornonfriable
asbestos-containing material may be encountered in
area(s) where contract work is to be performed. Friable
asbestos containing material means any material that
contains more than one percent asbestos by weight that
hand pressure can cr'Umble, 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,excessivefiberconcentrations 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 releasing or causing to be
released, asbestos fibers into the atmosphere where they
may be inhaled or ingested. The Occupational Safety and
Health Administration (OSHA) has set standards at 29
CFR 1910.1001 for exposure to airborneeoncentrations of
aSbestos, fibers, methods of compliance, medical
surveillance,. housekeeping procedures, and other
measures that must be taken when working with or around
asbestos-'containingmaterials. 29 CFR 1910.1001 has
been identified as applicable to construction (29 CFR
1926.55 gases, vapors, fumes, dusts and mists). The
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56.
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. Friableasbestosconta.iningmaterialsare 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 ornonfriableasbestos-containing material
will be identified. All precautions, to include proper work
practices, medical surveillance, respiratory protection ,
industrial hygiene, . and . environmental . protection
requirements of OSHA(~9CFR 1910.1001), EPA (40 CFR
61.140-156) and DA Circular 40-834, as applicable, shall
be strictly followed.
Environmental Regulations: .
56.1. The CliY reserves the right to consider a Bidde~s history of citations
and/or violations of environmental regulations in investigating a
Bidde~s responsibiHty,andfurther 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 vioh~tions, 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 of violation which Bidder may receive after the
Bid opening date and during the time of performance of any contract
awarded to it.
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SUPPLEMENTARY. CONDITION$
PAGE1NTENI10NALLY LEFT BLANK
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00923
stATEI\IIENTOPCOMPLIANce
(DAVIS BACON ACT)
No.
Contract No.
Project Title
. The undersigned tbNtRACTOR herebY swears Ullderpenaltyof perjury that,
during the period covered by the applicati61lfor payment to which this statement is
attached. all mechanics, laborers, and apprentices, employed or working on the site
of the Project, have been paid at wage rates, and thatthe 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
(Signature)
(Name and Title)
Contractor
By
By
STATE OF
COUNTY OF
)
)SS
)
The fOregoinginstrLJment was acknowledgedbef6re me this
of, 20._...__, by
personally known to me or who has produced
identificationahdWho did/did not take an oath.
day
who is
as
WITNESS rnyhandandofficial seal,this
dayof
. ,20
(NOr ARYSEAL)
(Signature of person taking acknowledgment)
. (Name of officer taking acknowledgment)
(Serial number, if any)
My commissiollexpires:
March 2004
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GENEAAL DECISION:FL20030001 01/23/2004 FL1
Date: Jarruary23, 2004 ... ...... .... .
General Decision Number:FL20030001 01/23/2004
Superseded General Decision Number.FL020001
state: Florida
Construction Type:
BUILDING
County:
Miami-DadeCouhty in Florida.
BUILDING CONSTRUCTION . PROJECTS (does not inClude single family
hbmesand apartments up to and including four (4) stories)
o
1
06/13/2003
01/23/2004
Fringes
ASBE0060-001 09/01/2002
ASBESTOSW()RKERtHEA TAND
FROST INSULATOR
.$26.13
6.86
-~~------_._~----------------~----------------------~-----
ELEC0349-001.......06/01/2002
ELECTRICIAN (Including Fire Alarm
Installation):
Electrical contracts including
materials that are less than
$2,000,000$20.50
Rates
Fringes
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
ELEVATOR MECHANIC $25.285 7.455+A
FOOTNOTE FOR ELEVA TOR CONSTRUCTORS:
A: Employer contributes 8% basic hourly r<:itefor 5 years Or
more of service or 6% basic hOUrly rate for 6 months to 5
March 2004
City of Miami Beach
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Page 115
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"'::.~-:
. - . .
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........7/01/2002
POWER EQUIPMENT OPERATORS:
Boom Truck Operator . $22.40
Crane (Including Truck Crane) .$22.40
Crane Oiler(lncluding Truck Crane} $16.15
Piledrivers $22.40
- -. , ., " -'. ..' , " . ,
----------------------------------------------------------------
IRON0272-001........04/01/2003
IRONwORKERS:
Ornamental
Reinforcing
Structural
Fringes
4.50
4.50
4.50
4.50
Rates Fringes
$19.75
$19:75
$19:75
. - - _. " . . - .. . .
-----------------------------_.--------------~-----------------
PLUM0519;.001.......03/16/2003
PLUMBER
----~-----------------------------~-----------~-~-----_._---~
PLUM0725-001.......01116/2002
PIPEFITTER (Including HvAc)
Rates
$25.05
~~--------~--~--------------------~----------~~-~--~-----~
SFFL0821-o01...... ..01/01/2003
SPRINKLER FITTER
Rates
$22.40
.----------------------------------------------------~~~----~---
SHEE0032~001.......08/1212003
SHEET METALWORKER
(Including HV AC duct wOrk)
Rates
. $24.24
_-w-______________________~_________________________~________~__
..4.70
4.70
4.70
Fringes
5.68
Fringes
6.50
Fringes
6.27
Fringes
8.97
Page 116
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. March 2004
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Project Manual
SUFL1999..001.......03/04/1999
Rates
$10.00
$15.36
ACOUSTICAL riLE .INsr ALLER
BRICKLAYERS/BLOCKLA YF=R
.CARPENTER (Including Drywall
. Hanging and Batt Installation)
CARPET LAYER
CEMENT MASONS/CONCRETE
FINISHER
DRYWALL FINISHER
GLAZIER
LABORERS:
Pipelayers $13.81
. Plasterer T ehders $10.09
Unskilled (Including MaSOh 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
$1~.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
WELDF=RS - Receive rate prescribed for craft periorming
operation to which welding is incidental.
. . ..
.' -. ',,-,' '.. -. -,' . -".".
~===============================================================
Unlisted classificatiohsneededfor vvorknot included within the
scope of the classifications listed may be added after award only as
provided in the labor standards contract clauses (29CFR5.5(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.
March 2004
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WAGE DETERMINAtiON APPEALS PROCESS
1.) Has there been an initial decision in the matter?
This can be:
,;. an existing published wage determination
*a survey underlying a wage determination
." a Wage and HourDivision letter setting forth a
position on a wage determination matter
'" a conformance (additional classification and rate) ..
ruling
OnslJrvey 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 Daviso.Saconsurvey program. If the
response from this initial contact is not satisfactory, then the
process described in 2.) and 3.) should be followed.
With. regard to any Other matter not yet ripe for the . formal. process
described here, initial contact should bewiththeSranch of
Construction Wage Determinations. Write to:
. Branch of Construction. Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C.20210
2.) If theansweno the question in 1.) is yes, then an interested
party (those affected by the action) can request review and
reconsideration from the Wage and Hour Administrator {See
29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a fl1n statement of the
interested party's position and by any information (wage payment
Page 118
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March 2004
Project Manual
II
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data, project descnption,area practiceinaterial, 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 Adrninistrative
~eview Board (formerly the Wage Appeals Board). Write to:
Adrninistrative~eViewB()ard
U. S. Department of Labor
~OO Constitution Avenue,N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OFGENERALDECISION
City of Miami Beach
copyright C 2004 The Gordian Group
Page 119
ProJect Manual
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II
. ..
GENERAL DECISION: FL:2003()044FL44
Dat~:June13,2003 ... ... ....................
General Decision Numb~r: FL20030044
SlJpers~dedGen~ral b~cision No.FL020044
State: Florida
Construction Type:
HIGHWAY
C()unty(i~s ):
DADE
HIGHWAY CONSTRUCTiON PROJECTS(~xcludingtunnels,building Structions in
r~st areas projects, and railroad construction; bascule,suspension & spandrel arch
bridges designed for commercial navigation;.bridges involving marine construction;
other major bridges).
MOdifiCation Number
o
.. Publication Dat~
.06/13/2003
COUNTY(ies ):
DADE
SUFL3009A ........,...08/01/1993
BRICKLA YERlMASON
CARPENTERS
CONCRETE FINlSHER
ELECTRICIAN
FENCE ERECTOR
FORM SETTER
GUARDRAIL ERECTOR
LABORERS:
Asphalt Raker
Pipelayers
Unskilled
IR.ONWORKERS:
Reinforcing
Structural
PAINTERS
RateS Fringes
11.00
11.72
12.22
14.42
12.00
10.52
7.55
8.23
9.14
7.55
13.5Z
14.65
..11.62
Page 120
City of Miami Beach March 2004
copyright 0 2004 The Gordian Group
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PbWE~ EQUIPMENT OPERAtORS:
. Asphalt Distributor
Asphalt Paving Machine. Operator
Asphalt Screed
,Backhoe ............ ..
.. Boom-Auger Operator
Bulldozer
Concrete Joint Saw
Concrete Curb Machine
Crane, Derrick, or Dragline
Earthmover
Forklift Op.
Front End Loader:
1 cu.. yard and under
Over 1 cu. yard
Grademan
Gradall
Guardrail Post Driver Operator
Mechanic
Milling Machine
Milling Machine Grade. Checker
Motor Grader
. Mulching Machine
Oiler, Grease Man ...
Pavement Striping Machine
Pavement Striping Machine
..Nozzleman
Piledrivers:
Leadsman
. Operator
POWer Subgade Mixer
Rollers:
Finish
Rough
Self Prop. RUbber Tire
Scraper
Sign Erector
Small Tool Operator
Tractor, Light
Trenching Machine
. Widening Spreader Machine
TRAFFIC CONTROL SPECIALIST
8.67
10.48
9.22
11.27
10.14
10.40
11.86
10.93
13.59
9.57
8.00
9.29
9.68
7.64
10.50
10.75
12.00
8.71
7]8
11.52
7.75
12.21
9.34
7.91
14.77
13.71
,8.50
9.18
7.66
9.20
7.55
11:65
8.05
7.83
8.19
8.50
7.95
March 2004
City of Miami Beach
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Page 121
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TRAF=FICSIGNALlZATldN:
\ Installer
Mechanic
TRUCK DRIVERS:
Low-Boy
Single & Multi-Rear Axle
8.61 .
11.47
8.63
8.05
--~---~~---------------------~-------~~-----------------~-----
WELDERS -.Receive rate prescribed for craft performing
operation to which welding is incidental.
==~=============================================================
Unlisted classifications needed for work not included within the
scope of the classifications listed maybe added after award only as
provided in the labor standards contract clauses (29 CFR 5.5(a)
(1 )(ii)).
. .
~-------------~---~---~-------~----~---------~------~~~--
III the listing above, the "SU" designation meahs that rates listed
under that identifier do not reflect collectively bargained wage and
fringe benefit rates. Other designations indicate unions whose
rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter?
This can be:
"'an existing published wage determination
'" a survey underlying a wage determination
'" a Wage and Hour Division letter setting forth a
position ona wage determination matter
'" a conformance (additional classification and rate)
ruling
On survey related matters, initial coritact,includil'lg 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.
Page 122
City of Miami Beach
copyright C 2004 The Gordian Group
March 2004
.~
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........~................................................................................
~
With regard to any othermatterhcit yet tipefor the formal process
described here, initial contact should be with the Branch of
Construction Wage Determinations. Write to:
. ProJect Manual
Branch.of ConstruCtion Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue,N.W.
Washington, D. C. 20210
2.)
.. .
. .
If the answer to the question in 1.) is yes, then an interested
party (those affected by the . action) Can request review and
reconsideration from the Wage and Hour Administrator (See
29 CFR Part 1.8 and 29 CFR Part 7): Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D. C. 20210
The tequesfshoUld be accompanied by .afullstatement 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 Adrninistrat6ris not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative ~eview Board
U. S. Department of Labor .
200 Constitution Avenue,N. W.
Washington, D.C. 20210
4.) All decisions by the AdrninistratlveREwiewSoard are final.
END OF GENERAL DECISION
. March 2004
City of Miami Beach
copyright C 2004 The Gordian Group
Page 123
PROJECT:
CERTIFn~AtE OF SdSSTANTIALCOMPLE"rION
CITY AND OR
PROGRAM MANAGER:
iii
. ..
Project Manlial
.~.
::._~
00925
(name, address)
TO (CITY):
. .
NOTICE to PROCEED DATE:
... .
PROJECT OR DESIGNATED PORTION SI-fALLINCLUDE:
DA TEOF ISSUANCE:
. The Work performed under this Contract hasbeeh reviewed.andfound to be
substantially complete . and . all documents required to be submitted by
CONTRACTDRunder 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.
.... . ........ ..... .
DE:FINITION OF DATE OF SUBSTANTIAL COMPLETION
.. . .
The Date OfSubstantiaJ COh1pletionofthe Work or pOrtion thereofdesigl1ated
by CITY is the date certified by CITY . and or Program Manager when all
conditions and requirements ofpetmits 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.
Page 124
City of Miami Be'ach
copyright <<) 2004 The GordIan Group
March 2004
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..PrOjecfManUal
List of items to be completed or corrected, prepared by. CITY and or Prograrn
Managet,is attached hereto. The failure to include any items on sUch list does not
alter the responsibility of CONTRACTORt6complete 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, GONTRACTORwillcomplete or
correct the work On the list of items attached hereto Within from
the above Date of SUbstantial Completion.
By
. Date
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession
thereof at . (time)on (date).
City of Miami Beach, Florida
.. By Contract Administrator
Date
The respollsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work andinslJrance shall be as follows:
March 2004
City of Miami Beach
copyright @ 2004 The Gordla1 Group
Page 125
PROJECT:
FINALCERTIFICATEOFPAVMENT
CITY AND OR
PROGRAM MANAGER:
...~.................i............/...
.~
ProJeCt Manual
~
(name, address)
TO (CITY): .
E3ID/CONTRACT NUMBER:
CONTRACTOR:
PROJECT NUMBER:
NOTICE TbPROCEEDDATE:
DATE OF ISSUANCE: .
.. ... ..... ..... .... . ... . . .. ..... ... ....
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by<Section 5.2 of the Contract, have been
received and accepted. The Work required by the Contract Documents has been
reviewed and the undersigned certifies that the Work, including minor Corrective
work, has been completed in accordance with the provision of the Contract
Documents and is accepted under the terms and conditions thereof.
.. CITY and/or Program Manager
By
Date
CITY and/or Program Manager By bate CITY, through the ContraCt Administrator,
accepts the work as fully complete and Will assume full possession thereof at
(time) (date).
By Contract Administrator Date
j
CITY of Miami Beach,FIOrida
Page 126
City of Miami Beach
copyright @ 2004 The Gordian Group
March 2004
.~
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Project Manual
OCJ930
FORM OF FINAL RECEIPl"
The following form willl:>e used to showreceiptoffinaJ payment for this Job Order.
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 ,from
Cityof Mic:UTli Beach, Florida, the sum of
Dollars ($ )as full and fina'.. payment to CONTRACTOR for.
all WOrk and materials for the. Project described as:
. ' - -
::'" '--., ". -.., ....: --' .." -- '.:-- ,," --., _: . ,-.' _: - -' -,: - ., "'.-'---'-'. -. , .
This sum includes fuJl and final payment fOr all extra work ahd 111 ateria I and aU
incidentals.
. .
. . -.
CONlRACl"ORhereby indemnifies: and releasesCrTYfrorn all liens and
clairns whatsoever arising out of the ContraCt and Project.
.CONTRACTORherebycerlifiesthat ail persons doing work upon or
furnishing materials or supplies for the Prbjecthave been paid in full. In lieu of this
certification regarding payment for work, materiafsand supplies, CONTRACTOR
may submit a consent 6f 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 TaxAct),as.amended, have been paid and
discharged.
Ilfincorporated signbeI6w.]
CONTRACTOR
Secretary
Name
Title
(CORPORATE SEAL)
March 2004
.. City of Miami Beach
copyright 0 2004 The Gordian Group
Page 127
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ProJeCt Manual
"." . - ""'-
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[lfn6tiricorp'orated sign below.]
CONTRACTOR
..WITNESSES:
Name
City of Miami Beach
copyright C 2004 The Gordian Group
March 2004
.~
-
PrOJect Manual
01000
. . .
. ADDENDAANDIVIODIFIC:ATIONS
. - .
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as changes to the
Contract Documents.
. -March 2004
City of MiamfBeach
copyright II) 2004 The GOrdian Group
Page 1 ~9
m..................................................................
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ProJect Manual
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4 .
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 1 0
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
.JOCSUPPLENlENT AL GENERAL CONDITIONS
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... ..... i... ........ ................ ............................ ....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 EOUIPMENT/MATERIALS..........................146
SALVAGE AND SALVAGE DISPOSAL .....................................146
WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY ....146
L10U IDA TED DAMAGES..... ......... .................. ........................... .146
REQUESTS FOR INFORMATION OR APPROVAL ..................147
CONTRACT ADMINISTRA TOR......... ..... ..................... .... ........ ..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 BUILDINGSAND SECURITY...............................151
EQUIPMENT AND FURNITURE ................................................151
January 2004
Page i
City of Miami Beach
copyright Cl 2004 The Gordian Group
ProJect Manual
m
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ARTICLE 32
ARTICLE 33
ARTICLE 34
ARTICLE 35
ARTICLE 36
ARTICLE 37
ARTICLE 38
ARTICLE 39
ARTICLE 40
ARTICLE 41
ARTICLE 42
ARTICLE 43
ARTICLE 44
ARTICLE 45
ARTICLE 46
ARTICLE 47
ARTICLE 48
ARTICLE 49
ARTICLE 50
ARTICLE 51
ARTICLE 52
ARTICLE 53
APPLICABLE REGULATIONS .................................................. 151
ENVIRONMENTAL PROTECTION ................. .......................... 153
PROTECTION OF WORK AND PROPERTY ............................153
FLOOR LOADING ................:........................................ ............. 155
PROJECT SITE MAINTENANCE .............................................. 155
MATERIAL AND EQUIPMENT PROTECTION AND SECURITY
..;.. .............. ....... ..... ..;....... .....:.................. .............. ....... ...... ..... ...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
January 2004
City of Miami Beach
copyright e 2004 The GOfdian Group
tII
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ProJect Manual
02000 Joe SUPPLEMENTAL CONDITIONS
ARTICLE 1 THE CONTRAct
1.1. The Contract Documents for the . Contract. The. Contract represents the entire
integrated agreement between the parties and supersedes all prior
negotiations, representations and agreements, either written or oral including
the bidding documents. -
1.2. The Contract Documents shaUinclude:
VOLUME I: Project Manual
VOLUME lIa: Construction Task Gatalog
VOLUME lib: ConstructionTaskCatalog
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 JOG concept, the Contractor furnishes management,
labor, materials,equipmerit and architectural and engineering
services required to support individual Job Orders.
1.3.3. TheJOCcontract 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
March 2004
City of Miami Beach
copyright @ 2004 The Gordian Group
Page 133
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Engineering Services. These adjustment factors will be used to price
individual scopes of work by mUltiplying the adjustment factor by the
unit prices and quantities.
1.3.5. As Job Order Contract requirements are identified by the CITY, the
Contractor will be issued a Request for Proposal and will be required
to develop a detailed price proposal. The Contractor will submit their
price proposal to the CITY. If the Contractor's proposal is found
acceptable, a Job Order may be issued at the agreed upon units,
which when multiplied by the unit price and Contract adjustment
factor, will establish the firm fixed Lump Sum price for the Job Order.
1.3.6. TheJOC 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.
. '. .
AR.TICLE 2 INTERPRETATI()NOFTHE CONTRACT DOCUMENTS
2.1. Upon its own initiative or the Contractoriswritten request, the CITY may issue
written interpretation of DraWings (if any) and SpeCifications necessary for the
proper execution or progress of the Work which interpretations shall be
consistent with and reasonably inferable from the Contract Documents.
2.2. The imperative language of the Contract Documents is dIrected at the
Contractor unless otherwise stated.
2.3. The organization of the Contract Documents into Construction Specifications
Institute ("CSI") divisions, sections, and articles, and the arrangement of
Drawings if any, shall not restrict the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be performed by any
trade.
2.4. The JOC Project Manual including the JOC SUpplemental Conditions shall
apply to all contracts or subcontracts for the work covered by these
specifications.
2.5. The work under this contract shall include everything described, indicated or
shown in the Contract Documents as defined in Article 1.
2.6. In any action or proceeding to enforce rights under this Agreement, and any
appeals arising there from, the prevailing party shall be entitled to recover
from the other party its reasonable attorneys' fees, costs and expenses.
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ARTICLE 3 CONTRACT PERFORMANCE PERIOD
3.1. The Contract performance period is twelve (12) months from the. date of
award of the Contract or the achievement of the Maximum Co htra ct 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. A Job Order Completion Time for each Job Order issued under this Contract
will be determined in accordance with Article 12-0rdering Procedures.
3.3. CITY is entitled to and expects full contract performance from the Contract
award date. Contractor should commence any mobilization activities as soon
as practical after contract award, but before work on individual Job Orders
begins.
ARTICLE 4 OPTION TO EXTEND CONTRACT PERFORMANCE
4.1. CITY may not extend any individuaFJOC contract term beyond one (1) year.
Therefore, if during the one (1) year contract term, the Contractor fails to
.reach the Maximum Contract Term Value, the Contract will still terminate,
unless an option term is exercised. If there is unused contract value left on
an individual Contract term when it expires after one (1) year, CITY shall carry
any unused value over to any additional Contract terms.
ARTICLE 5 OPTION TO UNILATERALLY EXTEND CONTRACT
5.1. The Contract contains an Option to Extend Provision, for four (4) additional
i 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 Contract, including the exercising of the
option terms, shall not exceed five (5) years.
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ARTICLE 6 ECONOIVIICPRICE ADJUSTMENT . (APPLICABLE TO THE
OPTION PERIODS ONLY)
6.1. This Article provides a means to adjust the Contractor's Adjustment Factors
on an annual basis from the date of the Contract award using actual
escalation/de-escalationas 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 Adjustrnent 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 publisned monthly. The "base year" for tne 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."
8.4. 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 Econornic 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 cornputationsshall 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 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
7.1. The CITY is not required to fumishdrawings or additional specifications for
Job Orders issued under this contract. The CITY may, however, choose to
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7.2.
do so. If CITY provides such drawings and additional specifications the
provision listed below shall apply.
In case. of conflict between requirements, the.requirernent 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 otheiWiseexpressly provided in a Job Order, the Work must be
performed in accordance with the best, modem 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 rnaterial or operatibnrequired 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
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9.1.3. Unnecessarily increase the price of the Job Order when alternative
means and methods are available.
9.2. The City's apprcival ofthe 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 Gontractorshall 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 h~ve at all times a Project Manager,
Estimator and Superintendent assigned to this Contract. Additional staff shall
be assigned depending on the volume of Work. The Contractor shall be
responsible for managing, supervising and directing its Subcontractors.
10.3. Should the CITY deem the performance of any employees of the Contractor
unsatisfactory, the Contractor shall terminate the involvement of such
employees in all areas of Contract performance.
ARTICLE 11 COMPEtENCE OF WORKMEN
11.1. Every worker on any part. of this Contract shall be competent to perform the
task to which he/she is assigned. For both direct and subcontract work
performance, the Contractor shall be responsible for and shall insure that no
critical facility or utility equipment (plant type equipment) construction or repair
work is performed by personnel with an experience level less than
joumeyperson. 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
joumeyperson as appropriate to the occasion. The Contractor shall assure
that a joumeyperson, foreperson, master, etc., as appropriate, performs or
supervises all required work or services.
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11.3.
the Contractor shallassorethat ajoumeyperson, foreperson,master, etc.,
as appropriate, who is capable of directing the Work, performs or supervises
all required Work or services.
Conditions which.require the constant presence of a CITY Inspector to assore
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.
On any Federally Funded projects the Davis~BaoonAct standard rules apply
to this contract.
11.2.
11.4.
ARTICLE 12 ORDERING WORK
12.1. Initiation of a Job Order
12.1.1. As the need exists for performance by the Contractor under the terms
of this Contract, the CITY will notify the Contractor of a Joint Scope
Meeting.
12.2. Upon this notice, the Contractor shall respond to the needs of CITY within two
(2) working days by:
12.2.1. Establishing verbal contact with CITY to further define the scope of
the requirement, and
12.2.2. Visiting the proposedwdrksite 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
hoors of operation
staging area
reCluirementsfor catalog cuts, technical data, Samples and Shop
Drawings
. requirements for engineering and architectural services including
sketches, Drawings, Specifications, andas-builts
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Preliminary quantity estimates ..
the applicable Wage Decision for Federally Funded projects
construction duration
liquidated damages
specific quality requirements for equipment and material
the presence of hazardous materials
date on Which Job Order Price Proposal is due
12.3. After the Joint Scoping process, the. Contractor and the CITY will agree on a
Detailed Scope of Work, together with a tentative schedule, any sketches,
Drawings and Specifications required to adequately document the Work to be
accomplished. The Detailed Scope of Work, unless modified by both the
Contractor and the CITY, will be the' basis on which the Contractor will
develop its Job Order Price Proposal and the CITY will evaluate the Job
Order Price Proposal.
12.4. Upon completion of the joint scope meeting and the Detailed Scope of Work
the CITY will issue a Request For Proposal (RFP) which requires the
Contractor prepare a price proposal for the work under consideration by the
date indicated on the RFP.
12.5. The Contractor will prepare the Job Order Price Proposal in 8ccordancewith
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
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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 SlJpport 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 ifappropriate) 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 OverHead Costs = A x 55%
F = Allowable Profit = (A +8 + C)x 10%
G = Subcontractor Allowance = D x 10%
Total Cost of Non Pre-Priced Task = A+ 8 + C +D + E + F +
G
*A, 8, C, E and F only apply to work self-performed by the
Contractor.
*D and G only apply to work self-performed by
Subcontractor's.
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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.~.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 asa pre-priced item into the CTC which
would become a permanent item and no longer require
price justification.
12.5.3. The Contractor's Job Order Price Proposal shall include, at a
minimum:
12.5.3.1. Cost Proposal:
12.5.3.2. Architectural or Engineering Drawings or sketches as
required.
12.5.3.4. Catalog cuts, technical data or samples required
12.5.3.5. List of anticipated. Subcontractors and Materialmen
12.5.3.6. Construction schedule;
12.5.3.7. Certificates for any special insurance requited;
12.5.3.8. Sample warranties or guarantees.for materials, equipment
or systems proposed;
12.5.3.9 Schedule.ofValues 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 minor maintenance and repair Job
Orders requiring immediate completion, the Contractor's Job Order
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Price Proposal may be required quickly. and the. due. date will be so
indicated on the RFP.
12.6. Review of the Job Order PriCe proposal and Issuance of Job Order
12.6.1. The CliV 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 CliV, the
Contractor agrees to accornplish 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 signa 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. . Thisafternate 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 Non Pre-priced Tasks
as if the Work had been ordered under the standard procedures.
12.6.6. If the City finds inconsistencies with the Contractor's Price Proposal
the CITY may request the Contractor to re-submit its Price Proposal
or cancel the Job Order. If the Contractor consistently submits Price
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Proposals which are rejected by the CITY, the CITY may declare the
Contractor in default and initiate termination of the Contract,
according to Article 15 of the General Conditions.
12.6.7. After the CITY has reviewed the Contractor's Price Proposal and an
agreement has been reached as to the nature of the revisions, if any,
the Contractor is not allowed. to make any changes to the revised
Price Proposal other than the changes agreed to.
ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR
WITH THE WORK
13.1. TheContractdris required to inspect the site of the work of each Job Order
and to examine and become familiar with the Detailed Scope of Work, plans,
specifications and all other contract documents pertaining to the proposed
Work. The submission of a Job Order Price Proposal shall be sufficient to
establish the presumption that the Contractor has investigated the site of the
work and is satisfied as to all reasonable conditions to be encountered,
quantity and quality of the work to be performed and materials furnished in
the completion thereof.
13.2. Unless otherwise directed, CITY will furnish subsurface information through
the use of borings. If, in the course of the work, subsurface conditions vary
materially from the record indicated by the borings, the Contractor shall give
immediate notification, in writing, of such variation to the CITY and the
Contract price shall be adjusted by unit prices established in the bid or
agreement, as appropriate.
13.3. Contractor is required to examine and be familiar with existing contracts and
work being constructed.
ARtiCLE 14 MEASUREMENtS TO BE VE:RIFIED
14.1. Before ordering any rnaterialor 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
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15.1.1. When the Work is near completion, the Contractor, CITY and or
Program Manager. shall inspect the Work and the Contractor shall
prepare a list of all items remaining on the Work prior to final
completion. Said list shall be known as the Contractor's Punch List.
15.1.2. The Contractor shall proceed to complete or correct all items listed on
the Contractor's Punch List and verify that the items have been
completed or corrected by signing said Punch List.
15.1.3. The Contractor shall submit the . signed Contractor's Punch list to the
CITY and or Program Manager with a request for a Final Inspection
of the Work.
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.
Correction oftheCITY'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.
Items discovered after the original punch List which are part of the Job Order
shall be completed under warranty and within 10 days of notification to the
Contractor.
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ARTICLE 16 CITY F'URNISHEOEQUIPMEN'f/MATERIALS
16.1. From time to time CITY may elect to supply its own materials and/or
equipment for a specific project. In those cases the Contractor shall provide
transportation of any CITY furnished 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 SALVAc;EAND SAL"AGEDISPOSAL
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 infonned of the presence of
the property and disposition instructions shall be requested.
/ 17.2. Debris, rubbish, hazardous waste,and non-usable material resulting from the
work under this Contract to which CITY does not claim a further interest as a
result of the preceding paragraph, shall be disposed of by and at the expense
of the Contractor at a location off CITY property. Hazardous wastes must be
disposed of in accordance with the Resource Conservation and Recovery Act
and state and local regulations. The contract adjustment factor includes the
cost of all clean-up, including final cleanup on each individual Job Order.
ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BYTHE CITY
18.1. CITY reserves the right to undertakeperfonnance 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 LIQUIDATED DAMAGES
19.1 Timely completion of Job Orders issued under this Contract is of the essence.
Should the Contractor fail to complete the work specified in the Job Order,
also see Article 2.3 in the General Conditions concerning Liquidated
Damages.
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19.2. Nothing in this article shall be construed as Iirniting the right of CITY to
proceed under Article 15 entitled "City's Right to Terminate Contract" in the
General Conditions.
19.3. Nothing herein contained shall be construed aslimitingthe 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. LiquidateddalTlages 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.
I
19.5. The CliY Will deduct and retainoLit 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 20 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 oven~'ee the execution of
the Job Order Contract. The Cbntract Administrator will manage and
administer the JOC Program on behalf of the CITY and oversee the work of
the Project Coordinators/Program Managers.
21.2. The contractor shall submit all disputes and matters which touch or relate to
the contract, including a claim for breach of contract, to the Contract
Administrator, and his/her/her decision shall be final and binding On the
contractor and shall also be a condition precedent to the right of the
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Contractor to receive any monies under the contract (except as otherwise
enumerated in the CITY General Conditions).
ARTICLE 22 THE PROJECT coORolNA TOR/PROGRAM MANAGER
22.1. The CITY'S Project Coordinator/Program Manager, in addition to those
matters elseWhere herein delegated to the Project Coordinator/Program
Manager and expressly made subject to hislher/her determination, direction
or approval, shall have the CITY:
22.1.1. To determine the amount or qoantity, quality, and acceptability of the
. work and materials and location of the Work to be paid for hereunder;
22.1.2. To determine all questionsinrelatiol1 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 determil1e 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 toteview and approval by the
Contract Administrator.
22.1.5. To amplify the Contract Drawings, add explanatory informatiol1 and
fumish 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 COl1tractors
engaged on a specific Project, .or (c) to expedite the completion of a
Project even though the completion of a particular Job Order may be
thereby delayed.
22.2. The foregoing enumeration shall not imply any limitation upon the power of
the Project Coordinator/Program Manager, for it is the intent of this Contract
that allot the Work shall generally be subject to its determination, direction or
approval, except where the determination, direction or approval ot someone
other than the Project Coordinator/Program Manager is expressly called for
herein.
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ARTICLE 23 tHE INSPECTOR
23.1. The CITY may appoint such person or persons as it may deem necessary to
inspect, at any time or times, the work done under this contract. The
Inspector designated by the CITY shall be the representative of the Project
Coordinator/Program Manager at the Site, and subject to review by the
Project Coordinator/Program Manager, shall have the power, .in the first
instance, to inspect, supervise and control the performance of the Work.
23.2. The Inspector, shall not however, have the power to iSSue a Job Order for
Extra Work, and the performance of such Work by the Contractor by direction
of the Inspector without thereafter obtaining a Job Order duly signed and
issued in accordance with the established procedures therefore, shall
.constitute a waiver of any right to extra compensation therefore. The
Contractor is warned that the Inspector has no power to change the terms
and provisions of this Contract in any respect.
ARTICLE 24 SITE PREPARAtiON AND CLEANUP
The Contractor shall:
24.1. Coordinate with CITY on a sequence of procedures for gaining access to the
premises, space for storage of materials and equipment, work of materials,
use of approaches, corridors stairways, and similar features of a structure.
This coordination is required prior to commencement of work at a time
directed by CITY.
24.2. Move thefumiture and portable office equipment in the immediate work area
to a designated location prior to start of work, and replace these items to their
original location upon completion of the work. The Contractor will be liable for
damages incurred while moving furniture and equipment, and be responsible
for contacting appropriate agencies for movement of vending machines.
24.3. Perform clean up and site restoration prior to final walk-through inspection.
All projects shall be delivered in a clean, order1yand 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, anonsite area will be designated by the CITY. However, the CITY
assumes no responsibility for such stored material, e~uipment, buildings, or
trailers.
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ARTICLE 26 DISR.OPTION OF COMMUNtrv ACTIVITIES
26.1. The Contractor shall not cause any disruption to on-'Qoingcornmunity
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 adjacenttenants 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.
AR.TICLE 28 EXISTING ELEVATORS
28.1. Any ternporary 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 completion of the work, the Contractor shall remove the
protective coverings together with any resultant dirt and debris.
AR.TICLE29 CONSTROCTIONELEV ATORS, ETC.
29.1. The Contractor shall construct elevators, cranes and other rigging,Jifts,etc.,
as required for the work.
29.2. All such construction shan 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.
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AF{TICLE 30 ACCESS TO BUILDINGS AND SECUF{ITY
30.1. It shall be the Contractor's responsibility, through CITY arid 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.
AF{TICLE 31 EQUIPME:NT AND FURNITURE
31.1. Fl.Illlitureand portable equipli1entinthe 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
fumiture 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
land confined to limited areas. Work shall be completed in the section before
work in other sections or divisions are started.
AF{TICLE 32 App(lCABLE F{EGULATIONS
32.1 The site of the Contract work is on C1TY 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
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activating CITY fire alarms and any City of Miami Beach
requirements regarding same.
32.2.1. Safety:
32.2.1.1. All rules of safety that are orrnay 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 materia/sand 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 ina bright, clean and new
appearing condition.
32.3.1.5. At completion of the VVork, theprernises 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, scaffoJding,etc., and thoroughly clean the
Work site beforesubrnitting the project to the CITY for final
acceptance.
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33.4.1 .
Conduct:
33.4.1.1. Contractor and Contractor"semployees shall be subject to
the same general rules of conduct while on CITY property
that apply to a CITY employee. . CITY reserves the right to
refuse access to any Contractor's employee if CITY
determines it to be in the best interests of CITY.
ARTICLE 33 ENVIRONMENTALPR01ECTION
33.1. The Cohtractorshallberesponsibletoprotect 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 AND PROPERTY
34.1. The Contractor shall continuously maintain adequate protection of all the
Contractor's work from damage, and shall protect City's property from injury
or loss arising in connection with this Contract. The Contractor shall make
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 shaH adequately protect adjacent property as provided by law
and or as directed by the CITY.
34.4. The Contractor shaH provide and maintain all lights, footways, guards, fences,
gates, etc., for the proper protection of the public, and shall comply With all
Municipal rules, regulations, ordinances and laws.
34.5. The Contractor shall properly and carefully shore up or otherWise support aH
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.
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34.6. TheContractot shall furnish throughout the entire project all scaffolding,
ladders, decking Or runways as necessary to execute the Work in a safe
manner.
34.7. In an emergency affecting the safety of life, of the work, or of adjoining
property of CITY, the Contractor, without special instructions or authorization
from CITY, is hereby permitted to act in at the Contractor's discretion to
prevent such threatened loss or injury.
34.8. Any compensation claimed by the Contractor on account of emergency work
as set forth in 12.6.5 above shall be determined by agreement of CITY and
the Contractor.
34.9. The Contractor shalf carefully protect all trees, shrubs, and hedges, not
specified as being removed, from injury during building work and pay for
damages to same resulting from insufficient or improper protection.
34.10. The Contractor shall send proper notice, make all necessary arrangements
and perform all other services required for the care, protection and
maintenance of all public utilities, including mail boxes, fire plugs, power and
telephone poles and wires, and all other items of this character on or around
the building site.
34.11. Building materials, Contractor's equipment, and other supplies necessary to
the project may be stored on the premises with approval of CITY. This shall
in no manner relieve the Contractor from full responsibility for such materials.
34.12. Where materials are not sold or furnished in packages or containers,the
Contractor, when requested by CITY, shall obtain invoices from the
manufacturer or its agents covering such materials showing the name and
brand of the materials furnished, which invoices must be furnished to CITY.
34.13. In the event of accidental damage to or disruption of any of City's equipment,
utilities, or facilities by the Contractor or any of the sUbcontractors,or when
life or property are endangered, the Contractor shall immediately take all
necessary steps to replacelrepairall pieces/parts of any damaged
equipment/materialS, make all necessary repairs and restore all services to
normal. Further, the Contractor shall engage any and all required additional
subcontractors, labor,individuals or other outside services, deemed
necessary by CITY, to operate on a continuous, "around-the-clock" basis until
all restoration is complete. Also, the Contractor shall provide and install all
required materials and equipment.
34.14. All costs involved in making repairs and restoring disrupted services to normal
shall be borne by the Contractor.
34.15. The Contractor and/or his/her subcontractors shall furnish, erect and maintain
such signs as may be required by compliance with local codes and/or safety
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regulations for the purposes ofcbntrolling traffic and safeguarding life and
property.
34.16. The Contractor shall provide adequate climatic protection for exposed part of
buildings wherever work under this Contract is performed.
. ARTICLE 35 FLOOR LOADING
35.1. Care shall be taken that floors are nbt overloaded at any time.
ARTICLE 36 PROJECT SITE MAINTENANCE
36.1. The Contractor shall store all suppliessnd equipment on project site(s) so as
to preclude mechanical and climatic damage and maintain project sites in a
neat and orderly manner at all times. Materials to be stored on the site shall
be neatly stacked and protected and kept clear of all passageways. The
Contractor shall coordinate the work in such a manner as to reduce the
disturbances and inconveniences to the tenants to a minimum.
ARTICLE 37 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY
37.1. The Contractor shall cover equipment. that is to . remain in place within the
area of contract operations sndprotectit against damage or loss. This
include's 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, vandaliSrnor theft to
the Work or materials on the site alall times prior to final acceptance of the
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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 withoutpri6r Written permission from
the CITY and the prior to the contractor obtaining all applicable permits.
38.2. If and when the use of explosives is necessary for the execution of the work,
the CONTRACTOR shall observe the utmost care, performing such work with
experienced men and in accordance with all federal, state, and local
regulations so as not to endanger life or property. In addition to observing all
governmental regulations relating to the transportation, storage, handling and
use of explosives, the CONTRACTOR shall conform.. to any further
regulationS that the CITY may deem necessary in this respect. .. Signals of
danger shall be given before the firing of any blasts and blasts shall not be
fired until all persons in the vicinity are known to have reached position out of
danger therefrom.
38.3. Quantities and Records: CONTRACTOR shall keep explosives on the site
only in such quantity as may be needed for the work underway and only
during such time as they ate 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 rece'iVedand issued, and the purpose for
which issued.
38.4. Damage or Injury: All blasting necessary on this contract shall be done With
the express provisions that the Contractor shall be and is hereunder
responsible for any and all damages and claims arising from such blasting or
by accidental explosions and for the defense of all actions arising from such
causes. In case injury occurs to any portion of the work or to the material
surrounding or supporting the same, through blasting, the Contractor, at
his/her own expense, shall remove and replace such injured work and shall
furnish such material and perform such Work or repairs or replacements as
the Project Manager may order. Any damage whatever to existing structures
or property due to blasting shall be promptly, completely, a satisfactorily
repaired by the Contractor at his/her own expense.
38.S.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.
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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 wellco'lered and provisions made to protect
pipes, conduits, sewer structures, persons, and properly adjacent to the site
of the work. Blasting shall be done only with such quantities and strength of
explosives and in such manner as will break the rock approximately to the
intended lines and grades and yet will leave the rock not to be excavated in
an unshattered condition. Care shall be taken to avoid excessive cracking of
the rock upon or against which any structure will be built and to prevent injury
to existing pipes or other structures and property above or below ground.
Where rock is to be removed from sheeted excavations, all braces and wales
shall be fastened securely in place to prevent movement during blasting.
Blasting Will not be permitted between the hours of 5:00 p.m. and 8:00 a.m.
except with special written permission ofthe Project Manager. After a blast is
fired, the Contractor shall cause the excavation to be thoroughly scaled and
an 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 thatthe 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 CUliINt; AND PATCHING
39.1. ThecbNTRACTOR shall do aI/cutting, patching and restoration required by
the Work, except as otherwise specified. All restorations shall be to the
satisfaction of the CITY.
ARrlCLE40BARRIERS
40.1. The CONTRACTOR shal/erect temporary barriers and warning signs to alert
and protect the public, CITY tenants and CITY employees from the Work as
deemed necessary and or as directed by the CITY.
ARtICLE 41 POLLUTION CONTROL
41.1. During the . COurse of construction, the CONTRActOR shall conduct hislher
operations in such a manner as to present or reduce to the minimum any
damage to any stream or lake from pollution by debris, sediment, chemical, or
other foreign material, or from the manipulation of equipment and/or materials
in or near such stream or ditch flowing directly to such stream or lake. Any
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water which has been used for wash purposes or other similar operations
which become pollution with sewage, slit, cement, concentrated chlorine, oil,
fuels, lubricants, bitumens, or other impurities shall not be discharged into any
such stream or lake. There will be no open burning of materials.
41.2. Techniques identified in USDA-Soil Conservation Service "Guidelines for
Urban Erosion & Sediment Control" shall be utilized as applicable for erosion
and pollution control.
ARTICLE 42 tEMPORARY SERVICES AND UtiLITIES
Unless. the Detailed Scope of Work states otherwise:
42.1. Temporary Services and Utilities:
42.1.1. General:
42.1.1.1. The. CONTRACrORshall be responsible for arranging for
and providing all general services and temporary facilities a
sspecified herein and as required for the proper and
expeditious prosecution of the Work. The CONTRACTOR
shall pay all costs for such general services and temporary
facilities.
42.1.1.2. Temporary Connections for all utilities and facilities used by
the CONTRACTOR including installation, maintenance and
removal of such facilities shall be at the CONTRACTOR's
expense.
42.2. Water:
42.2.1. The CONTRACrOR 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. rheCONTRACTOR 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 hislher own expense, to supply his/her construction needs. An
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alternate power source shall be provided for temporary heat. The
CITY will not provide electrical power for heating.
Temporary Heating and Ventilation:
42.4.1. The CONTRACTOR. Shall provide temporary . closures or enclosures
for all exterior door, window, roof or other types of exterior openings
as required to protect his/her completed work, protect material and
equipment being installed, protect the City's facilities, and enable its
workmen to accomplish their work in a satisfactory manner and while
maintaining the approved progress schedule. It shall be the
CONTRACTOR's responsibility to keep water in pipes from freezing
and to maintain temporary heat in areas where Work is being
performed at not less than 50 F. before plastering and painting and
not less than 60 F thereafter. The CONTRACTOR must obtain the
City's approval for the types, sizes, amounts and location of heating
equipment. The equipment must have a seal of approval from the
Underwriters Laboratory or other organization satisfactory to the
CITY.
42.4.2. The CONTRACTOR shall furnish, install, operate and maintain all
required temporary heating equipment, and shall provide and pay all
fuel costs~Oil fired or gas heating units shall be self-contained units
which shall be furnished in sufficient number and adequate capacity
to conform With the requirements for temporary heat stated above.
Each oil-fired or gas-fired unit shall be properly vented as required to
dissipate noxious fumes and prevent discoloration of building
construction. Temporary electrical connection shall be provided by
the CONTRACTOR.
42.5. Temporary Field Offices:
42.5.1. On some Job Orders the CONTRACTOR may be required provide
his/her OWn field office and utilities as directed by the CITY in the
Detailed Scope of Work.. The cost of the Field Office will be treated
as a Pre-priced item and paid for in the CONTRACTOR's Price
Proposal. All other cost will be paid for by the CONTRACTOR.
Location shall be approved by the CITY.
42.5.2. The CONTRACTOR shall provide separate telephones in the
temporary offices for its use. . The CONTRACTOR shall pay for the
cost of installing such telephones and the cost of all telephone
service~ The Contractor must provide a stationary telephone or
cellular phone at the job site for their own needs and for the CITY to
contact them.
42.4.
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42.5.3. The CONtRACTOR shall provide a facsimile machine in the
temporary field offices to expedite written communication between
the parties. The CONTRACTOR shall bear all costs of providing said
equipment.
42.5.4. The facilities mentioned above shall be made. available for the use. by
the City's designated representative during its site visits.
42.6. Temporary Sanitation Facilities:
42.6.1. CONTRACTOR's personnel willtlormally 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 LJseof the
workmen, placed where directed and maintained in a sanitary
condition.
. .
42.6.3. At the completion of the contract the temporary toilets shall be
removed.
42.6.4. Existing on-site toilet facilities may be used to meet the above
requirements subject to the prior approval of the CITY.
42.7. Temporary Fire Protection:
42.7.1. The CONTRAcTOR shall take all precautions necessary and
required to prevent fire and comply with the requirements of local
authorities having jurisdiction
42.7.2. Fuel to cutting and heating torches shall be gas only, and shall be
contained in Underwriters' . Laboratory approved containers. The
CONTRACTOR shall provide and maintain a 20 pound capacity, dry
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
Of as fuels for motorized equipment or tools within building.
42.7.3.1. Tarpaulinsshall 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.
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ARtiCLE 43 HOUR.S OF WOR.I< AND ACCESS
43.1. the CONTRACTOR shall accomplish the tasks required by the Job Order
issued hereunder during the normal working period of 8:00 1.M. to 5:00 P.M.,
Monday through Friday, excluding holidays. For this purpose defining CITY
holidays, they are as follows: New Years Day, Martin Luther King Day, the
designated Spring Holiday, .Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day, the designated Christmas . Holiday,
Christmas Day. the CONTRACTOR will not normally be permitted to work
on CITY holidays. Work required other than during the aforementioned
working period will be at CITY direction and/or and require CITY approval
prior to commencement of work activities.
43.2. Representatives of the CITY will be available on the job site with keys for
entry between the hours of 8:00a.m. and 5:00 p.m., Monday through Friday
(excluding CITY recognized holidays. The CONTRACTOR is advised not to
perform work in occupied dwellings without the presence of the resident or a
CITY authorized employee.
AR.TIClE 44 ALL LEGAL PROVISIONS DEEMED INCLUDED
44.1. It is the intent and ut'lderstahdingof the parties to 'this Contract that each and
every provision of Law required to be inserted in this Contract shall and is
inserted herein, and if, through mistake or otherwise, any such provision is
not inserted, or is not inserted in correct form, then this Contract shall
forthwith upon the application of either party be amended by such insertion so
as to comply strictly with the Law and without prejudice to the rights of either
party hereunder.
ARTICLE 45 . ARC H ITI:CTURAL ANDENGINEI:RINGSI:RVICES
45.1. The Contractor will be required to provide A&E services, stamped and sealed
drawings in support of some Job Orders. These services are typically
required for obtaining some permits. and or documenting the scope of work.
The cost of all stamped and sealed architectural and engineering prepared
drawings will be paid for by using the contractor's bid factor for these
services. Any electronic drawings required ~i11 be prepared in AutoCAD
version 14.0 format or a version approved by the CITY.
45.1.1 All architectural and . engineering and consulting firms utilized by the
CONTRACTOR to. perform its duties hereunder are subject to
approval of the CITY. All such professional shall be properly
qualified and licensed ..to .practice in and have the ability to legally
sign and stamp architectural and engineering documents.
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45.1.2 At any time when. stamped and sealed architectural and engineering
prepared drawings are required, the Contractor shall comply with all
provisions of Florida Statute 287.055 with regards to the
selection/contracting with design/engineering professionals.
45.2 Additionally the Contractor will be expected to.providesketches, minor
calculations,$hop drawings and specifications and "as built" drawings. The
cost of these services shall be borne by the Contractor.
ARTICLE 46 WORKINVOL VING HAZARDOUS MATERIALS
46.1. Any time theOetailed Scope of Work involves hazardous material, including
but not limited to asbestos, lead paint, PCBs, the CONTRACTOR will be
responsible for retaining a properly licensed engineer or consultant to modify
the general specifications contained herein to a project specific abatement
plan and specification as required by Florida law.
46.2. This requirement is to. be .considered. by the. CONTRACTOR as part of the
Scope of the Article above entitled "ARCHITECTURAL AND ENGINEERING
SERVICES.
46.3. Such abatement plan and speCification shall be submitted to the CITY for
review and approval ,prior to commencement of any work involving hazardous
materials.
ARTICLE 47 PRE-CONStRUCTION CONFERENCE
47.1. Before the issuance of the first Job Order under this Contract, a Pre-
Construction Conference will be conducted by the CITY to acquaint the
CONTRACTOR with the CITY policies and procedures that are to be
observed during the prosecution of the Work and to develop a mutual
understanding relative to the administration of the Contract. The
CONTRACTOR shall be required to attend.
47.2. At the diSCretion ofthe CITY, and on a Job Order by Job Order basis, there
may be a mandatory pre-construction conference at the Project Site to
discuss specific management concerns and requirements regarding the
particular Job Order. The CONTRACTOR shall befequired to attend.
ARTICLE 48 JOB MEETINGS
48.1. The CONTRACTOR and/or subcontractors or their quaHfiedrepresentatives
shall attend conferences with City's representatives, at a frequency as
determined by the CITY, for the purpose of coordinating or expediting the
Work.
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ARtiCLE 49 ENERGY CONSERVATiON
49.1. CbNTRACTORshallcomply with energy conservation plans, and promote
efficient use of all energy. In addition, the CONTRACTOR shall;
49.1.1. Use lights only in. areas where work is actually being performed.
49.1.2. Turn off faucets, valves, and equipment after required usage has
been accomplished.
49.1.3. Not use CITY telephones for personal reasons nor make any toll or
long distance calls.
ARTICLE 50 INTERGO"ERNMENTALPURCHASING AGREEMENT
50.1. The CONiRACtOR maybe required to work on property under the
management of the County or other municipalities or entities which the CITY
has an intergovernmental purchasing agreement. Award of a Job Order
Contract does not give the CONTRACTOR any exclusive rights with regard to
location or type of work. Other government agencies please be advised that
this contract is subject to a user surcharge fee in the amount of 1 % on all
. sales to governmental, not for profit or quasi governmental entity; resulting
from this contract resulting from. this solicitation and utilization of the City's
contract and terms and conditions herein. Furthermore the agency will be
required to pay a licensing fee for use of the JOC Contract, to the Job Order
Contract Consultant, The Gordian Group, Inc.
ARTICLE 51 COMPUtER REQUIREMENTS
51.1. The CONTRACTOR is to have in operational condition one computer
systems similar as described beloW. The CONTRACTOR shall have staff
with basic computer and WindoWS capabilities to operate their equipment.
51.2. The computer systems will rninimallyconsistof:
51.2.1. Latest model/most poweffulPentium processor, 256 MB expandable
Memory, 3-1/2" 1.44 Mb floppy disk drive, DVD RAM with decoder
card, 1 parallel, 2 serial ports, 2 USB ports, 104+ enhanced
keyboard, 128 bit 3D/2D minimum 32 MB SDRAM video accelerator,
Microsoft mouse and a 19" minimum SVGA color monitor. The
computer shall be Gateway, Dell, IBM, or approved equal with an
Intel CPU in a tower case.
51.2.2.40 GB ULTRA ATA Drive w/ULTRAATA contrOller.
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51.2.3. Premium MultimediaPackage.
51.2.4. Fastest available standard data/fax modem (US Robotics 56,000
BPS, Telepath modem or approved equal)
51.2.5. 250 MB IOMEGA ZIP drive w/2 ZIP disks.
51.2.6. 3 COMPCl10/100fWisted pair Ethernet network card.
51.2.7. Latest model standard office Hewlett Packard laser printer or
approved equal.
51.2.8. Voltage surge protection devics.
51.2.9. Latest version of MSDoS,MS Windows, Anti;'Virus software by
Symantec,and PC Anywhere for Windowscommunicatidn software
by Symantec.
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ARTICLE 52 CliYFURNISHED SOFTWARE
. .
52.1. CITY furnished software,. PROGEN@, will be provided to the CONTRACTOR
for useasa tool to assist with expedient preparation of Job Order Price
Proposals in response to CITY needs. This software will contain an electronic
version (copy) of the Construction Task Catalog (CTC), which can be
accessed on the equipment provided by the CONTRACTOR to locate and
select desired items from the CTC. Once the desired items are selected, the
software provides for selection of quantities and based on the selected
quantities, will extend and total CTC costs for each Job Order Price Proposal.
The software will also permit introduction of non pre-priced items and the
application of the Adjustment Factor. PC Anywhere for Windows
communication software by Symantec must be available prior to PROGEN@
being installed.
ARTICLE 5~COMMUNICAnONS
53.1. All papers required to be delivered to the CITY shall, unless otherWise
specified in writing to the CONTRACTOR, be delivered to:
Mr. Gus Lopez, GPPO, CPPB
Director, Procurement Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
53.2. And any notice toot demand upon the CITY or shall be sufficiently given if So
delivered, or deposited in the United States mail in a sealed, postage-prepaid
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envelope, ordeliveted with charges prepaid to any telegraph or delivery
company for transmission/deliveryto said Contract Administrator, at said
address.
53.3. Any such notice shall be deemed to have been given as of the time of actual
delivery; or, in the case of mailing, when the same would have been received
in due course of post; or in the case of telegram or delivery company, at the
time of actual receipt.
53.4. Notices required to be delivered to the CONTRACtOR shall, unless
otherwise specified in writing, to the CITY, be delivered to the address the
CONTRACTOR provided in the Bid Documents.
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