Exhibit 1, Project ManualExhibit 1
Project Manual
Project Manual
TABLE OF CONTENTS
INVITATIONS TO BID (ITB) 1
00200 DEFINITIONS 5
00300 INSTRUCTIONS TO BIDDERS 13
1. General. 13
2. Examination of Contract Documents: 13
3. Submission of a Bid: 13
4. Scope of Work: 13
5. Job Order Contract Overview: 14
6. Contract Documents: 15
7. Location of Work. 16
8. Abbreviations and Symbols: 16
9. Pre -Bid Interpretations. 16
10. Submitting Bids• 16
11. Printed Form of Bid. 17
12. Bid Guaranty. 17
13. Acceptance or Rejection of Bids: 17
14. Determination of Award: 17
ATTACHMENT 1: Detailed Instructions on How to Prepare a Reference List and
How to Prepare and Send Performance Surveys 24
ATTACHMENT 2 Performance Evaluation Survey 31
ATTACHMENT 3 Interviews of Key Personnel 34
ATTACHMENT 4 Risk Assessment Plan 35
ATTACHMENT 5 Customer Reference Listing 40
SAMPLE Project 1 of 5 41
15. Evaluation. 52
16. Contract Price. 52
17. Environmental Regulations. 52
18. Protested Solicitation Award: 52
19. Postponement of Date for Presenting and Opening of Bids: 52
20. Qualifications of Bidders: 53
21. Addenda and Modifications: 53
22. Prevailing Wage Rates: 53
23 Equals Benefit Ordinance 54
24. Proposed Equal Benefits Ordinance Summary 54
CITY OF MIAMI BEACH 58
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS 58
CITY OF MIAMI BEACH 62
REASONABLE MEASURES APPLICATION 62
00400 BID/TENDER FORM 64
00405 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES 67
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00407 FORM OF BID 68
00500 SUPPLEMENT TO BID/TENDER FORM 72
00520 SUPPLEMENT TO BID/TENDER FORM - NON -COLLUSION
CERTIFICATE 73
00530 SUPPLEMENT TO BID/TENDER FORM DRUG FREE
WORKPLACE CERTIFICATION 74
00540 SUPPLEMENT TO BID/TENDER FORM -TRENCH SAFETY ACT
76
00500 RECYCLED CONTENT INFORMATION 77
00600 CONTRACT 78
00708 FORM CERTIFICATE OF INSURANCE 89
00710 FORM OF PERFORMANCE BOND 90
00720 FORM OF PAYMENT BOND 93
00721 CERTIFICATE AS TO CORPORATE PRINCIPAL 95
00735 PERFORMANCE AND PAYMENT GUARANTY FORM 96
00800 GENERAL CONDITIONS 98
1. Project Manual: 98
2. Intention of City: 99
3. Preliminary Matters: 99
4. Performance Bond and Payment Bond. 99
5. Qualification of Surety: 100
6. Indemnification: 101
7. Insurance Requirements: 102
8. Labor and Materials: 104
9. "Or Equal" Clause 104
10. Royalties and Patents: 105
11. Weather: 105
12. Permits, Licenses and Impact Fees: 105
13. Resolution of Disputes: 106
14. Inspection of Work: 107
15. Superintendence and Supervision: 108
16. CITY's Right to Terminate Contract. 109
17. CONTRACTOR's Right to Stop Work or Terminate Contract: 110
18. Assignment: 111
19. Rights of Various Interests: 111
20. Differing Site Conditions: 111
21. Plans and Working Drawings: 112
22. CONTRACTOR to Check Plans, Specifications and Data: 112
23. CONTRACTOR's Responsibility for Damages and Accidents: 113
24. Warranty: 113
25. Supplementary Drawings: 114
26. Defective Work. 114
27. Taxes: 115
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Project Manual
28. Subcontracts• 115
29. Separate Contracts. 118
30. Use of Completed Portions. 119
31. Lands for Work: 120
32. Legal Restrictions and Traffic Provisions• 120
33 Location and Damage to Existing Facilities, Equipment or
Utilities: 120
34. Value Engineering: 121
35. Continuing the Work: 122
36. Changes in the Work or Terms of Contract Documents: 122
37. Field Orders and Supplemental Instructions. 122
38. Change Orders: 123
39. Value of Change Order Work: 124
40. Notification and Claim for Change of Job Order Completion
Time. 124
41. No Damages for Delay: 125
43. Substantial Completion. 127
44. No Interest: 127
45. Shop Drawings and Samples: 127
46. Field Layout of the Work and Record Drawings: 129
47. As -Built Drawings: 129
48. Safety and Protection: 130
49. Payment by CITY for Tests. 131
50. Project Sign: 131
51. Hurricane Precautions: 131
52. Cleaning Up; CITY'S Right to Clean Up: 132
53. Removal of Equipment: 132
54. Nondiscrimination, Equal Employment Opportunity, and
Americans with Disabilities Act: 132
55. Project Records: 133
56. Occupational Health and Safety: 133
57. Environmental Regulations* 135
00900 SUPPLEMENTARY CONDITIONS 136
00923 STATEMENT OF COMPLIANCE 137
00925 CERTIFICATE OF SUBSTANTIAL COMPLETION 138
00926 FINAL CERTIFICATE OF PAYMENT 140
00930 FORM OF FINAL RECEIPT 141
01000 ADDENDA AND MODIFICATIONS 143
02000 JOC SUPPLEMENTAL CONDITIONS 133
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This Page Intentionally Left Blank
Page iv City of Miami Beach May 2007
Project Manual
CITYOFMIAMIBEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
PROCUREMENT DIVISION Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATIONS TO BID (ITB)
JOB ORDER CONTRACT; ITB No. 35-06/07 VERTICAL CITYWIDE
JOB ORDER CONTRACT; ITB No. 36-06/07 HORIZONTAL Right -of -Way (ROW)
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor,
1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. local time
on June 15, 2007 for Job Order Contracts (referred to as "JOC") according to the Bid
Table below: Only General Contractors with a minimum of five (5) years of General
Contracting construction experience and have a valid Florida Certified General
Contractors License are eligible to submit bids for VERTICAL CITYWIDE contract. The
work for this contract will be used primarily for repair and alteration and new
construction projects. General Contractors and/or Engineering Contractors, with a
minimum of five (5) years construction experience in the related construction fields that
have a valid Florida Certified General Contractors License or Engineering License
issued by the Miami -Dade County, are eligible to submit bids for HORIZONTAL ROW
contract. The work for this contract will be used primarily for site/civil/utility and Right -of -
Away Projects.
The bid dates and contract values for the referenced Job Order Contracts are as
follows:
BID TABLE
Bid Number Maximum
Contract
Value/Term
ITB No. 35-06/07 Vertical Citywide 1 $ 2,000,000
$ 2,000,000
ITB No. 36-06/07Horizontal ROW 1
Maximum Contract
Total Value
$ 10,000,000
$ 10,000,000
JOC is a competitive bid resulting in a firm fixed priced indefinite quantity construction
contract which the Bidder/Contractor will perform a variety of work at different project
locations. The Scope of Work includes a collection of detailed repair, construction and
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demolition tasks with related performance specifications and pre -established unit prices.
The contracts are for repair, alteration, modernization, maintenance, rehabilitation,
demolition and construction of infrastructure, buildings, structures, site civil or other real
property. Work is accomplished by means of issuance of a Job Order against the
contract. Under the JOC concept, the Contractor is required to furnish all management,
documentation, labor, materials and equipment needed to perform the work including
scope documentation 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 renewal terms. The contract
duration shall not exceed five (5) years. An option term may be exercised when the
maximum value of $2,000,000.00 for VERTICAL CITYWIDE contract and
$2,000,000.00 for HORIZONTAL ROW contract 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 NO. 35-06/07 VERTICAL CITYWIDE
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 repair and
alteration, and new construction projects.
The Bidder's for JOB ORDER CONTRACT ITB NO. 36-06/07 HORIZONTAL ROW
must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor
License or a valid Engineering License issued by Miami -Dade County. The work for this
contact will be used primarily for site/civil/utility and Right -of -Away Projects.
If the Bidder is a joint venture, the joint venture itself will be considered a separate and
distinct Entity 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 the time and date specified will be returned to the Bidder unopened. The
responsibility for submitting a bid before the stated time and date is solely and strictly
the responsibility of the Bidder. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
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A Pre -Bid Conference has been scheduled for 2:00 P.M. on May 24, 2007, at City
Hall, City Manager's Large Conference Room, 1700 Convention Center Drive,
Miami Beach, FL 33139. The City strongly encourages Bidders to attend the Pre -
Bid Conference. The 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 Pre -Bid Conference may be deemed non-responsive.
The bid package will be available on May 14, 2007, and can be ordered or picked up at
the City of Miami Beach, City Hall, Procurement Division, 1700 Convention Center
Drive, Miami Beach Florida 33139. Bid Documents will be available on CD-ROM.
The contact person for this Bid is Gus Lopez, Procurement Director. The Procurement
Director may be contacted by phone: 305-673-7495; fax: 305-673-7851; or e-mail:
guslopez@miamibeachfl.gov. Oral communication between a bidder, lobbyist or
consultant and the Procurement Director is limited to matters of process or procedures.
Request for additional information or clarifications must be made in writing to the
Procurement Director, with a copy to the City Clerk, no later than 10 calendar days prior
to the Bid opening date.
The City will issue replies to inquiries and any other corrections or amendments it
deems necessary in written addenda issued prior to the deadline for responding to the
Bid. Bidders should not rely on representations, statements, or explanations other than
those made in this Bid or in any written addendum to this Bid. Bidders should verify
with the Procurement Division prior to submitting a Bid that all addenda have been
received.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be
in the best interest of the City of Miami Beach, or waive any informality in any proposal
or bid. The City of Miami Beach may reject any and all proposals or bids.
It is the current intention of the City of Miami Beach to award at least one (1) Job Order
Contract for each contract number under this solicitation on the basis of the lowest and
best bid. However, the City of Miami Beach reserves the right to award multiple
contracts, if determined to be in the City's best interest. Such multiple awards shall not
affect the Maximum Contract Total Value, as stated above, for each contract awarded.
The City of Miami Beach will award only one JOC contract to a single Contractor under
this advertisement (i.e., no Contractor will be awarded more than one (1) JOC contract).
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YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A
COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE
FILED WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO
THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
CAMPAIGN FINANCE REFORM ORDINANCE NO. 2003-3389.
REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR
DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494
Detailed representation of all these ordinances can be found on the City of Miami Beach
Website at http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp
CITY OF MIAMI BEACH
Gus Lopez, CPPO, CPPB
Procurement Director
Page 4 City of Miami Beach May 2007
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00200 DEFINITIONS
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. ACCEPTANCE: Shall mean that construction on an individual Job Order
is Substantially Completed in accordance with the Contract Documents
including all punch lists items. At the time of acceptance, a Certificate of
Completion will be issued and the Final Certificate of Payment will be
processed. All warranties and guarantees for completed work shall
commence at Final Completion. The date of acceptance will be set by
the CITY.
1.2. ADDENDUM or ADDENDA: Shall mean the additional Contract
provisions issued in writing by the Contract Administrator prior to the
receipt of bids.
1.3. ADJUSTMENT FACTORS: The Contractor's competitively bid price
adjustment to the unit prices as published in the Construction Task
Catalog®. Contractors must bid three adjustment factors; one for work
accomplished during normal working hours, the second for work
accomplished during other than normal working hours and the third for
Non-Prepriced work tasks. The adjustment factors must be expressed as
an increase or decrease from the published prices.
1.4. ADVERTISEMENT: Shall mean the publicly placed Advertisement For
Bid inviting Bidders to submit a Bid. The term "Solicitation" may be
interchangeably used with the term Advertisement.
1.5. AGREEMENT: Shall mean the document duly signed by the Contractor
and the City, binding both parties to the terms of the Contract
Documents.
1.6. BIDDER: Any individual, 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 Job
Order Price Proposal or Job Order Completion Time or a material
change in the Work herein called a Supplemental Job Order.
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 party
hereto and/or which this Contract is to be performed. In all respects
hereunder, performance is pursuant to the City's position as the owner of
a construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
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deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City as
a party to this Contract.
1.9. CITY COMMISSION: City Commission shall mean the governing and
legislative body of the City.
1.10. CITY MANAGER: City Manager shall mean the Chief Administrative
Officer of the City.
1.11. CLAIM: Shall mean a right existing on behalf of any person that might
develop into a lien in favor of the claimant if such right existed against
any person or entity other than a public body.
1.12. CONSTRUCTION TASK CATALOG®: Shall mean the comprehensive
listing of specific construction or construction related tasks together with
a specific unit of measurement and a unit price. (Also referred to as the
"CTC").
1.13. CONSULTANT: Architect or Engineer who has contracted with City or
who is an employee of City, to provide professional services for various
Projects. Whenever the term "Consultant" is used in these documents, it
shall be construed to mean the Consultant, through the Program
Manager. The Program Manager may on a project by project
determination act as the City's representative.
1.14. CONTRACT: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not
limited to contract time and liquidated damages.
1.15. CONTRACT ADMINISTRATOR: The City's Contract Administrator for
this Contract is the City's Procurement Director who is an authorized
representative to coordinate, direct, and review on behalf of the City, all
matters related to Job Order Contracts.
1.16. CONTRACT DOCUMENTS: The Project Manual including, the Notice
for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form,
the record of the award by the City Commission, the Performance Bond
and Payment Bond, the Notice of Award, the Notice(s) to Proceed,
Change Orders (Supplemental Job Orders), Field Orders, Supplemental
Instructions, JOC Supplemental Conditions, Job Orders and any
additional documents the submission of which is required by this Project
Manual, are the documents which are collectively referred to as the
Contract Documents. The Contact Documents consist of the follow
Volumes:
Volume 1, Project Manual.
Volume 11, Construction Task Catalog®.
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Volume III Technical Specifications.
1.17. 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, measured in calendar days, allotted in the RFP for the
Substantial Completion of the individual Job Order. Herein referred as
Job Order Completion Time.
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. DETAILED SCOPE OF WORK: Shall be determined by individual Job
Orders issued hereunder. The Detailed Scope of Work is the complete
description of services to be provided by the Contractor under an
individual Job Order. The Detailed Scope of Work will include sufficient
documentation for a given project as determined by City.
Documentation may include a narrative description of the work, partial
architectural documents or full architectural documents depending on the
complexity of the specific project.
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 changes in the Work
but which does not involve a change in the Price Proposal Amount or
Job Order Completion Time.
1.24. FINAL COMPLETION: The date certified by the City or Program
Manager in the Final Certificate of Payment upon which all conditions
and requirements of any permits and regulatory agencies have been
satisfied; any documents required by the Contract Documents have
been received by the City or Program Manager; any other documents
required to be provided by Contractor have been received by the City or
Program Manager; and to the best of the City's or Program Manager's
knowledge, information and belief the Detailed Scope of Work defined
herein has been fully completed in accordance with the terms and
conditions of the Contract Documents.
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1.25. INSPECTOR: An authorized representative of the City or Program
Manager assigned to make necessary inspections of materials furnished
by Contractor and of the work performed by Contractor.
1.26. JOB ORDER: The portion of the Contract Documents that sets forth the
Detailed Scope of Work, the schedule, proposed subcontractors and a
firm fixed lump sum Price Proposal to be paid to the Contractor. It also
consists of any special conditions that might apply to a specific Job
Order such as Liquidated Damages and technical submittals, plans and
drawings, the Notice to Proceed, and other documents required by the
City.
1.27. JOB ORDER COMPLETION TIME: Shall mean the period of time
allotted for the Contractor to achieve Final Completion of an individual
Job Order's Detailed Scope of Work.
1.28. JOB ORDER CONTRACT: Shall mean a competitively awarded,
indefinite quantity contract for accomplishing construction and
construction related services. Work is accomplished through the
issuance of individual Job Orders against the Contract. Each Job Order
issued under the JOC will be a firm fixed priced order for accomplishing
a specific Detailed Scope of Work.
1.29. JOB ORDER PRICE PROPOSAL: Shall mean the Contractor prepared
documents quoting a firm fixed price and schedule for the competition of
a specific Detailed Scope of Work as requested by City. The Proposal
might also contain approved drawings, permits or other such
documentation as the City might require for a specific Job Order.
1.30. JOINT SCOPE or JOINT SCOPING: Shall mean the joint activity that
takes place at the Site with the City and or Program Manager and the
Contractor wherein a proposed Job is discussed and examined, and the
framework of the Detailed Scope of Work is developed.
1.31. LAW or LAWS: Shall mean the Constitution of the State of Florida, a
statute of the United States or of the State of Florida, a local law of the
City of Miami Beach or County of Miami -Dade, and any other ordinance,
rule or regulation having the force of Law.
1.32. MATERIALS: Materials incorporated in this Project, or used or
consumed in the performance of the Work.
1.33. MATERIALMEN: Shall mean any person, firm or corporation, other than
employees of the Contractor, who or which contracts with the Contractor,
or any Subcontractor to fabricate or deliver, or who actually fabricates or
delivers, plant materials or equipment to be incorporated in the Work.
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1.34. MAXIMUM CONTRACT TERM VALUE: Shall mean the maximum dollar
value of Work that can be ordered under this Contract during any single
term of the Contract.
1.35. MAXIMUM CONTRACT TOTAL VALUE: Shall mean the maximum
dollar value of Work that can be ordered under this Contract during the
entire duration of the Contract.
1.36. MEANS AND METHODS OF CONSTRUCTION: Shall mean the labor,
materials in temporary structures, tools, plant, and, construction
equipment, and the manner and time of their use, necessary to
accomplish the result intended by a Job Order.
1.37. NON PRE -PRICED TASKS: Shall refer to work tasks required to
perform individual Job Orders that are not included in the Construction
Task Catalog° but within the general scope and intent of this Contract.
Such work requirements shall be incorporated into and made a part of
this Contract for the Job Order to which they pertain, and may be
incorporated into the Construction Task Catalog®, if determined
appropriate by the City. Non pre -priced work requirements shall be
separately identified and submitted in the Job Order Price Proposal.
1.38. NORMAL WORKING HOURS: Shall mean the hours of 8:00 AM to 5:00
PM Monday through Friday except Holidays.
1.39. NOTICE(S) TO PROCEED: Written notice to Contractor authorizing the
commencement of Job Orders.
1.40. OTHER CONTRACTORS: Shall mean any person, firm or corporation
with whom a Contract has been made by City for the performance of any
work which is not a portion of work covered under this Contract.
1.41. OTHER THAN NORMAL WORKING HOURS: Shall mean the hours of
5:01 PM to 7:59 AM Monday through Friday and any time Saturday,
Sunday, and Holidays. City holidays are as follows: New Years Day,
Martin Luther King Day, the designated Spring Holiday, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the
designated Christmas Holiday, Christmas Day. The Contractor will not
normally be permitted to work on City holidays. Work required other
than during the aforementioned working period will be at the City
direction and/or and require City's approval prior to commencement of
work activities.
1.42. PLANS AND/OR DRAWINGS: The official graphic representations as
needed on each Job Order to represent or supplement the Detailed
Scope of Work.
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1.43. PRE -PRICED TASK: Shall mean a task included in the Construction
Task Catalog® for which a Unit Price has been established.
1.44. PROGRAM MANAGER: An authorized representative contracted by the
City who may be assigned individual JOC projects. This individual
designated by the City as being responsible for managing, supervision
and acceptance of Job Orders.
1.45. PROGRESS SCHEDULE: Shall mean a bar chart submitted by the
Contractor and subject to approval by the City showing the overall Job
Completion Time and subdivided for each critical operation therein.
1.46. PROJECT: The construction project as described in the Job Order.
1.47. PROJECT INITIATION DATE: The date as specified in the Job Order
Notice to Proceed upon which time commences for completion of the
Job Order.
1.48. PROJECT MANUAL: Volume 1 of the official documents setting forth
bidding information and requirements; contract form, bonds, and
certificates; General and JOC Supplemental Conditions of the Contract
Documents.
1.49. PROJECT COORDINATOR: Shall -mean the individual assigned by the
City as being responsible for managing, supervision and acceptance of
Job Orders
1.50. PROVIDE or FURNISH: Unless specifically noted otherwise, shall mean
supply and install complete and ready for operation and use.
1.51. PUNCH LIST: Shall mean a compilation of items that have not been
completed in accordance with an individual Job Order.
1.52. REQUEST FOR PROPOSAL (RFP): Shall mean the Document issued
by the City that formally requests the Contractor to prepare a Job Order
Price Proposal for a Detailed Scope of Work.
1.53. RESIDENT PROJECT REPRESENTATIVE: An authorized
representative of Consultant or Program Manager assigned to represent
Consultant or Program Manager on the Project.
1.54. SAMPLES: Shall mean the physical examples submitted by the
Contractor of materials, equipment or Workmanship to establish a
standard that the Contractor is required to meet.
1.55. SHOP DRAWINGS: Shall mean drawings, diagrams, illustrations,
schedules, test data, calculations, performance charts, cuts, brochures,
and other data which are prepared by the Contractor and which illustrate
a portion of the Work.
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1.56. 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.
1.57. 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 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 111 South Florida Building
Code and standard City of Miami Beach Specifications.
1.58. STATE: Shall mean the State of Florida.
1.59. SUBCONTRACTOR: A person, firm or corporation having a direct
contract with Contractor including one who furnishes material worked to
a special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.60. 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 Detailed Scope Work is
sufficiently complete in accordance with the Contract Documents so the
Project is available for beneficial occupancy by City. A Certificate of
Occupancy or Certificate of Completion must be issued for Substantial
Completion to be achieved, however, the issuance of a Certificate of
Occupancy or Certificate of Completion or the date thereof are not to be
determinative of the achievement or date of Substantial Completion.
1.61. SUPERINTENDENT: Shall mean the supervising representative of the
Contractor who is present on the work site at all times during progress,
authorized to receive and fulfill instructions from and communicate with
City, and capable of superintending the work efficiently. The
Superintendent shall not actually perform the physical tasks involved
unless otherwise waived in writing by City.
1.62. SURETY: The surety company or individual which is bound by the
performance bond and payment bond with and for CONTRACTOR who
is primarily liable, and which surety company or individual is responsible
for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.63. UNIT PRICE: Shall mean the price published in the Construction Task
Catalog® for a specific construction or construction related task. The unit
prices are fixed for the duration of the Contract. Each unit price is
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Proiect Manual
comprised of the Labor, Equipment and Materials costs to accomplish
that specific task.
1.64. WAGE DECISION: Shall mean the applicable federal wage
determination provided by the City as issued by the U.S. Department of
Labor.
1.65. WORK: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
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00300 INSTRUCTIONS TO BIDDERS
1. General:
1.1 The following instructions and those set forth herein are given for the
purpose of guiding Bidders in properly preparing their bids. Such
instructions have equal force and weight with other portions of the
Contract Documents and strict compliance is required with all the
provisions contained in the instructions
2. Examination of Contract Documents:
It is the responsibility of each Bidder before submitting a Bid, to:
2.1. Examine the Contract Documents thoroughly.
2.2. Take into account Federal, State and local (City and Miami -Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award.
2.3. Carefully review the Contract Documents and notify the City of all
conflicts, errors or discrepancies in the Contract Documents, of which
Bidder knows or reasonably should have known.
3. Submission of a Bid:
3.1. The submission of a Bid shall constitute an incontrovertible
representation by Bidder that Bidder has complied with the above
requirements and that without exception, the Bid is premised upon
performing and furnishing the Work required by the Contract Documents
and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
4. Scope of Work:
4.1. The Scope of work under this Contract shall be determined by individual
Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the
Contractor shall furnishes scope documentation services, 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:
4.2.1. JOB ORDER CONTRACT ITB NO. 35-06/07 VERTICAL
CITYWIDE.
May 2007 City of Miami Beach Page 13
Proiect Manual
The Contract may be used to perform any work on facilities
under the jurisdiction of the City but is to be used primarily for
repair and alteration, and minor new construction projects.
4.2.2. JOB ORDER CONTRACT ITB No. 36-06/07 HORIZONTAL
ROW.
The Contract may be used to perform any work on facilities
under the jurisdiction of the City but is to be used primarily for
work for site/civil/utility and Right -of -Away Projects.
4.2.3. The City reserves the right to utilize and assign individual Job
Orders to any JOC contractor awarded a VERTICAL
CITYWIDE or HORIZONTAL ROW contract.
5. Job Order Contract Overview:
5.1. A Job Order Contact (JOC) is a competitively bid, firm -fixed-price
indefinite -quantity contract. It includes a collection of detailed repair and
construction tasks and specifications that have established unit prices. It
is placed with a Contractor for the accomplishment of repair, alteration,
modernization, rehabilitation, construction, etc., of buildings, structures,
or other real property. Ordering is accomplished by means of issuance of
a Job Order against the Contract.
5.2. Under the JOC concept, the Contractor furnishes management, labor,
materials, equipment, and provide scope documentation 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, climate and geographic features.
5.4. Bidder will submit three (3) adjustment factors, two (2) that will be
applied against the prices set forth in the Construction Task Catalog®
(CTC) and the third will be for Non Prepriced Work Tasks. The first will
be for work that the construction is performed during normal working
hours, the second is for construction that is performed during other than
normal working hours and the third will be for work that is a Non
PrePriced Work Tasks .These adjustment factors will be used to price
individual scopes of work by multiplyingthe adjustment factor by the unit
prices and quantities. These adjustment factors will be proposed
separately. The CTC and the Contractor's adjustment factors will be
incorporated in the award of the contract.
5.5. As work requirements are identified, the scope of work will be explained
to the Contractor at a Joint Scope Meeting. The Contractor will be given
a Request for Proposal and a Detailed Scope of Work. The Detailed
Page 14 City of Miami Beach May 2007
Project Manual
Scope of Work may reference design documents. The Contractor will be
required to review the Detailed Scope of Work and develop a Job Order
Price Proposal using the appropriate tasks, quantities and the applicable
adjustment factor. If the Contractor's Proposal is found reasonable and
acceptable, a Job Order may be issued. The resulting price shall be a
lump sum, firm fixed price for the completion of the Detailed Scope of
Work.
5.6. The JOC concept also includes a provision for the establishment of
prices for work requirements that are within the general scope of work
but were not included in the CTC at the time of Contract award. These
tasks are referred to as "Non Pre -priced Items". Non Pre -priced (NPP)
items may require the establishment of specifications and drawings and
may subsequently be incorporated into the CTC.
6. Contract Documents:
6.1. The Contract Documents constituting component parts of this Contract
are the following:
Volume I, Project Manual.
Volume II Construction Task Catalog®. for VERTICAL CITYWIDE or
HORIZONTAL ROW
Volume III Technical Specifications. for VERTICAL CITYWIDE or
HORIZONTAL ROW
6.2. Volume I JOC Project Manual: The JOC Project Manual contains
bidding information and requirements, contract forms, bonds and
certificates, General Conditions and JOC Supplemental Conditions of
the Contract Documents.
6.3. Construction Task Catalog® (CTC), (Volume II): The CTC contains
pricing information for the work to be accomplished and for the unit of
measure specified.
6.4. The Technical Specifications (Volume III): The Technical Specifications
are numbered and organized in the Construction Specification Institute's
(CSI) master format. 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 Job Order Price Proposals, unless the date of a specific
version is contained in the reference.
May 2007 City of Miami Beach Page 15
Project Manual
6.6. Design and Specification References:
6.6.1. Florida Department of Transportation Standards (Latest
Edition)
6.6.2. Metro -Dade Design and Construction Standard Specification &
Details
6.6.3. Standard Plans for Pubic Works (American Work Association)
6.6.4. Greenbook Standard Specification (American Work
Association)
6.6.5. City of Miami Beach General ROW Program Design Policies
February 2004 as amended.
6.6.6. Public Works Manual and Standard Details 2007
7. Location of Work:
7.1. All work will be within the City limits of Miami Beach and individual
projects will assigned as determined by the City.
8. Abbreviations and Symbols:
8.1. The abbreviations used throughout the Contract Documents are defined
hereinafter in the Technical Specifications.
9. Pre -Bid Interpretations:
9.1. Only questions answered by written Addenda will be binding. Oral and
other interpretations or clarifications will be without legal effect. All
questions about the meaning or intent of the Contract Documents are to
be directed to the City's Procurement Director in writing. Interpretations
or clarifications considered necessary by the City's Procurement Director
in response to such questions will be issued by City by means of
Addenda mailed or delivered to all parties recorded by the City's
Procurement Director as having received the Bidding Documents.
Written questions should be received no less than ten (10) calendar
days prior to the date of the opening of Bids. There shall be no
obligation on the part of City or the City's Procurement Director to
respond to questions received Tess than ten (10) calendar days prior to
bid opening.
10. Submitting Bids:
10.1. All Bids must be received in the Procurement Division, City of Miami
Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida
33139, before the time and date specified for Bid opening, enclosed in a
sealed envelope, legibly marked on the outside. A complete and
separate Bid package must be submitted for each contract that the
Contractor wished to bid:
Page 16 City of Miami Beach May 2007
JOC BID FOR:
BID/ JOC CONTRACT NO:
11. Printed Form of Bid:
11.1.
Project Manual
All Bids must be made upon the blank Bid/Tender Form and Form of Bid,
Form 1 and Form 2 in Article 00407. The Bid must be signed and
acknowledged by the Bidder in accordance with the directions on the Bid
Form.
12. Bid Guaranty:
12.1. A bid bond for contracts ITB No. 35-06/07 VERTICAL CITYWIDE and
ITB No. 36-06/07 HORIZONTAL ROW is $25,000.00. Each bid must be
accompanied by a certified check of the Bidder, or by a bid bond
prepared on the form of bid bond annexed hereto, duly executed by the
Bidder as principal, and having as surety thereon a surety company
authorized to do business in the State of Florida and approved by the
City. Such checks or bid bonds shall be returned to all bidders not
receiving the award after the City and the accepted Bidder have
executed the Contract. Or, if no Contract has been executed, within one
hundred eighty days (180) days after the opening of bids, upon demand
of the Bidder at any time thereafter so long as such Bidder has not been
notified of the acceptance of such bid.
13. Acceptance or Rejection of Bids:
13.1. The City reserves the 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 ninety (90) 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 (90) calendar days from the
date of Bid opening. A Bidder may withdraw its Bid after the expiration
of one hundred eight (90) calendar days from the date of Bid opening by
delivering written notice of withdrawal to the Purchasing Division prior to
award of the Contract by the City Commission. The City reserves the
right to award additional contracts under this solicitation if it is
determined to be in the City's best interest for a period of one hundred
and eighty (180) calendar days following the opening of Bids.
14. Determination of Award:
14.1. The City Commission shall award the contract to the lowest and best
bidder. In determining the lowest and best bidder, the following shall be
considered;
May 2007 City of Miami Beach Page 17
Proiect Manual
a) The ability, capacity, and skill of the bidder to perform the Contract.
b) Whether the bidder can perform the Contract within the time
specified, without delay or interference.
c) The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
d) The quality and performance of previous contracts.
e) The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
f) A lowest Bid will be determined on line 7 on Bid Form 2 contained
herein. In determining the lowest Bid, most responsive and
responsible Bid, the following shall be considered:
1. Adjustment Factors to be considered are based on the
following weighted percentages. For purposes of determining
the low bid from Bid Form 2; 70% of the work is to be
accomplished Normal Working Hours. 20% of the work will be
accomplished during Other Than Normal Working Hours and
10% will be Non Prepriced Work Tasks. These three Factors
will be multiplied by the percentages above and then summed
as a Combined Adjustment Factor.
2. Described in Article 14.2 through 14.4 and Attachments 1, 2,
3 and 4.
14.2. Technical Review Panel Selection Criteria / Selection Process
In determining the lowest and best bidder, the following process will be
used.
a. Invitation to Bid issued.
b. Pre -Bid Meeting
c. Receipt of bids.
d. Opening and listing of all bids received.
e. A Technical Review Panel shall meet to evaluate each bid in
accordance with the requirements of ITB No. 35-06/07 and ITB No.
36-06/07. If further information is desired, bidders may be
requested to make additional written submissions for clarification
purposes only.
Page 18 City of Miami Beach May 2007
Project Manual
The Technical Review Panel will rank all responsive bidders and
will provide their recommended ranking to the City Manager. The
Panel's ranking will be ranked on the following:
1) Risk Assessment Plan (20 points)
2) Past performance based on number and quality of the Performance
Evaluation Surveys (10 points).
3) Interview of key personnel (30 points).
4) Combined Weighted Adjustment Factor (40 points).
Scoring and ranking procedure:
The Panel will convene and will score and rank all responsive bidders
based on the above criteria. The Panel's recommendation will be
presented to the City Manager.
After considering the recommendation(s) of the Panel, the City Manager
shall recommend to the Mayor and City Commission the bid(s) that the
City Manager deems to be in the best interest of the City, unless only
one bid response is received, and/or the lowest and best bid exceeds
the budgeted amount allocated towards the construction cost of the
project, then the City Manager, without any action by the Mayor and City
Commission, has the authority, pursuant to Section 2-367 of the Miami
Beach City Code, to exercise any of the following options:
(1) Reject the bid and, if he determines that same is in the best
interest of the City, re -advertise the item for bidding; or
(2) Request that the Mayor and City Commission make additional
funds available and proceed to negotiate an agreement with the
sole bidder; or
(3)
Negotiate an agreement with the lowest and best bidder exceeding
the budgeted amount of the work. If the City Manager is unable to
successfully negotiate an agreement with the lowest and best
bidder, the City Manager may terminate negotiations with such
bidder and commence negotiations with the second lowest and
best bidder. If the City Manager is unable to successfully negotiate
an agreement with the second lowest and best bidder, the City
Manager may terminate negotiations with the second bidder and
commence negotiations with the third lowest and best bidder.
May 2007 City of Miami Beach Page 19
Proiect Manual
The City Commission shall consider the City Manager's
recommendation(s) and, may approve or reject the City Manager's
recommendation(s). In any case, the Mayor and City Commission shall
select and authorize negotiations with the bidder(s) which the Mayor and
Commission deem to be in the best interest of the City. The City
Commission may also reject all bids received.
The selection or approval by the City Commission shall not constitute a
binding contract between the City and the selected or approved
bidder(s). A binding contract will exist upon the completion of successful
negotiations as determined by the Administration, the City Attorney's
Office form approving the contract or contracts, and then the Mayor and
City Clerk signing the contract(s) after the selected or approved
bidder(s) has (or have) done so. Only the executed contract(s) will be
binding on the contracting parties.
14.3. Bid Submission Requirements
The following information should be submitted with your bid
response
00400 Bid/Tender Form
00407 Bid Form 1
Bid Form 2
00520 Non -Collusion Certificate
00530 Drug Free Workplace Certificate
00540 Trench Safety Act
Declaration of Non -Discrimination in Contracts & Benefits
Customer Reference List
Risk Assessment Plan
5 projects complete
Bid Guaranty
Acknowledgement of Addenda(s)
14.3.1. Contents Of Qualification Statement
Bid packages must contain the following documents, each fully
completed, and signed as required. Bidders are to submit one
(1) original and ten (10) copies of all the bid documentation.
Bid packages which do not include all required documentation,
or are not submitted in the required format, or do not have the
appropriate signatures on each document, may be deemed in
the City's sole discretion to be non-responsive. The City
Page 20 City of Miami Beach May 2007
Project Manual
reserves the right to request any documentation omitted, with
exception of the Bid Guaranty bond and the Bid Price form.
Bid Guaranty and Bid Price form must be submitted with the
Bid submission by the due date and time. Bidder must submit
the omitted documentation within three (3) calendar days upon
request from the City, or the bid shall be deemed non-
responsive. Non-responsive bid packages will receive no
further consideration.
14.3.2. Identification Page And Table Of Contents
Bidder shall provide an Identification Page including the
following information:
a. Name of Bidder. (Note: if co venture, specify)
b. Address of submitting Bidder. (Note: if co venture,
specify)
c. E-mail address for the appropriate contact person at the
submitting company.
d. Phone number and facsimile number of submitting
Bidder.
e. Federal Tax Identification Number for submitting Bidder.
f. Declaration regarding company organization, whether as
Corporation, Partnership, or other. (Note: if co venture,
specify)
Signature of an officer or other individual of the
submitting Bidder who has the authority to bind said
Bidder.
h. Printed name of the authorized signing officer or other
individual.
i. Title of the authorized signing officer.
j. Date of signature.
k. Table of Contents.
g.
14.3.3 Qualification Of The Contractor's Team
It is a requirement of the bid that the Bidder, staff the project
with competent individuals, and qualified supervisory
personnel. To that end, the Bidder shall provide:
May 2007 City of Miami Beach Page 21
Proiect Manual
a. An organizational chart listing the proposed key
personnel, their qualifications and their roles in the
project, resumes which shall include educational
background, work experience, employment history, and
any other pertinent information. Where applicable, Bidder
team members shall also submit current and valid
certifications and/or licenses for their individual scope of
supervision. At a minimum, the bidder shall include the
following proposed project team members:
1. Construction Project Manager
2. Construction Superintendent
3. Estimator
b. A staffing plan that clearly illustrates the key elements of
the proposed organizational structure. The staffing plan
should indicate the availability of the personnel proposed
to work on the Project. The staffing plan should also
indicate the name of the individual who will serve as the
primary contact with City. Bidder shall clearly detail the
role of all Sub -contractors proposed for the Project.
14.3.4. Past Performance
Each Bidder shall provide proof of successful project
completions for projects comparative in complexity as outlined
on this bid. Please provide your client with the Performance
Evaluation Letter and Survey attached herein on pages 31 and
33, and request that your client submit the completed survey
to Gus Lopez, Procurement Director via e-mail to
guslopez@miamibeachfl.gov. The City will not accept Client
Surveys being sent to our office from the office of the
bidder. Surveys must be sent to Procurement from your
client's office(s). Bidders are responsible for making sure their
clients return the Performance Evaluation Surveys to the City.
The City reserves the right to verify and confirm any
information submitted in this process. Such verification may
include, but is not limited to, speaking with current and former
clients, review of relevant client documentation, site -visitation,
and other independent confirmation of data.
In addition to the above process requirement, each bidder
must provide 5 sample projects with its bid:
Page 22 City of Miami Beach May 2007
Project Manual
Please use the form on pages 33 - 42 herein to articulate all
information requested in reference to the construction work
provided on the 5 sample projects.
14.3.5 Combined Adjustment Factor
Bidders are required to submit their bid using the form found
on in Article 00407 Bid Form herein. Bidders are to submit this
form with its bid in a sealed envelope. Labeling the sealed
envelope with your company's name is permitted. The
Combined Adjustment Factor shall be evaluated and ranked
by the Technical Review Panel.
May 2007 City of Miami Beach Page 23
Project Manual
14.4 Attachments And Forms
ATTACHMENT 1: Detailed Instructions on How to Prepare a Reference
List and How to Prepare and Send Performance Surveys
Overview :The objective of this process is to identify the past performance of a
contractor and key components of their team. This is accomplished by sending
survey forms to past customers. The customers will return the forms directly to
the City, and the ratings will be averaged together to obtain a contractor's past
performance rating. The figure below illustrates the survey process.
Vendor or Individual
Send/Fax
Surveys to
past clients
Call to
Confirm
1
Past Customers
Prepare & Email
Reference List
E-mail to the
City
Figure 1: Survey Process
A. Creating and Submitting a Reference List
CLIENT
The City
Compiles
Information
d
1. All key components must create a list of past users that will
evaluate their past performance. This will be referred to as a
"Reference List". The Reference List Excel file can be
downloaded from BidNet under ITB- 35-06/07 and 36-06/07 or can
be sent to you via E-mail, please send an E-mail to
guslopez@miamibeachfl.gov requesting the file.
Page 24 City of Miami Beach May 2007
Project Manual
2. The key components may be different for each project. If you are
proposing on a specific project, please make sure to find out what
the critical components are for that proiect. The following are the
key components to be used for this bid:
Key Component
The Contractor
The Construction Project
Manager
The Construction
Superintended
Minimum Maximum
Number of Number of
Surveys Surveys
allowed allowed
1 25
1 10
1 10
3. The Contractor is responsible for selecting their team and for the
performance of their team. We recommend that the Contractor use
high performing individuals (i.e. project manager, and any other
individuals required on a particular project).
4. The maximum number of past projects that will be given credit, is
25 (twenty-five) for each Contractor, and 10 (ten) for each individual
(PM, etc.). The minimum number of past projects is 1 (one) for
each key component. Credit will be given to vendors with more
high performing surveys.
5. The reference list should include the firms/individuals "best"
projects. Credit will be given to Contractor / individuals with more
high performing surveys.
6. The Reference List must include the following (All fields are
reauired! If you do not submit all the information required, there will
be no credit given for the reference):
CODE
FIRST NAME
LAST NAME
PHONE
NUMBER
FAX NUMBER
A unique (different) number assigned to each
project
First name of the person who will answer
customer satisfaction questions.
Last name of the person who will answer
customer satisfaction questions.
Current phone number for the reference
(including area code).
Current fax number for the reference (including
May 2007 City of Miami Beach Page 25
Proiect Manual
CLIENT NAME
PROJECT
NAME
DATE
COMPLETED
[MM/DD/YYYY]
COST OF
PROJECT
area code).
Name of the company or institution that the work
was performed for (i.e. Cactus School District,
Rock Industries, City of Austin).
Name of the project (Bird High School A -Wing,
Warehouse B, etc.).
Date when the project was completed. (i.e.
5/31/1995)
Awarded cost of project ($50,000)
7. The data in the reference list must be submitted via electronic format
on a MS Excel spreadsheet file. The file must also be emailed to
Gus Lopez at guslopez a(�-miamibeachfl.aov . (The format of the file is
shown in Figure 2).
8. The Contractor is responsible for verifying that their (and their key
components) information is accurate prior to bid submission.
9. The reference list must contain different proiects. You cannot have
multiple people evaluating the same iob. However, one person may
evaluate several different jobs.
Rttnchment 4 - Reference List and Company Profile ffonstrurtion),xls
2 1 Kyle Smith
3 2 George Johnson
4 3 Phil McGill
5 4 Bill Robinson
6 5 Matt Camigan
-; 7 6 Keith Jones
8 7 Gilbert Grey
9 B John Grecko
!II i e x: Rode Refereri a Ltstj
458.963-8662 45&963 X63 Coy of Mesa
549.705.9654 549-785-9655 'City of Mesa
458-965-7852 458-965-7853 'City of Mesa
136-621-1264 136.621-1265 IABB Warehouse
656.965-8965 658-965.8966IADOT
458-965-8523 458-965-8524 'City of Gilbert
486965.85523 486965.8523 (City of Phoenix
486-965.8563 486.965.8563IACG Buildings Building 456 renovation!
Mesa Park 5/15/2000 836589
Police Building 3 618/1999 5452,3891='
Ca eteria #1 716/1980 012,648
Warehouse renovation 6/2/1995 $154,893
Stapley Road Overpass 1/5/2002 $15,648
Road Renovation 5/4/2003 54,865623
Street Light Installation( 7/2/1990 $456,876
Figure 2: Example of Reference List
8/2/2003 0159,764 vt
10. The past projects (on the reference list file) do not have to be similar
to the type of project being bid.
11. The projects must be completed past proiects or projects in the
process of being completed.
Page 26 City of Miami Beach May 2007
Project Manual
12. The past client/owner must evaluate and complete the survey.
13. All key components must submit their reference list in separate
excel files. There must be a separate excel file for each company
and individual participating in the process. Name the file by the
company name or the individual name. Figure 3 shows a sample of
the excel files that must be emailed to the client.
Name
ABC Contracting - Reference List.xls
Mark McGraw (Project Manager) - Reference List.xls
Pam Hamilton (Site Super) - Reference List.xls J
...:Spark Electrical Contractors - Reference List.xls Email Reference
Bob and Sons Mechanical Contractors - Reference List.xls lists to the client.
Figure 3: Submit separate excel files for each component
14. Each key component should inform their past clients about the
survey and the deadline for submission of the information. The City
may contact the references for additional information. If the
reference cannot be contacted after several attempts, there will be
no credit given for that reference.
15. Each Excel file will have two tabs (see Figure 4 below). One tab
contains the reference list information (discussed above), and the
second tab contains the company or individual profile. The profile
tab contains information about the key component (Contractor or
individual). Fill out the company information if the excel file is for the
Contractor or Individual. Fill out the individual information if the
excel file is for an individual. DO NOT fill out both sections in one
excel file. (Remember: each component will have their own excel
file).
May 2007 City of Miami Beach Page 27
Proiect Manual
Microsoft Excel - C060516_CMB_ Copy of Reference List and Company Profile (A_E_SERVICES)
Arial r 10
0 1 E F I
Please FI out only one of the forms below. I tIis reference list is fa a company, please use the Company form on top. If this
reference Ist is for and individual, please put their information in the second form below. DO NOT NI out both. Remember there
must be a separate excel file for each indvidual participating in the process.
Company
Compaq Name:11
Tgpe:1
Point oI Contact:)
Phone Number:1
Fax Number:)
Email:)
OR
Individual
Individual Name:l
Tnpe:l
Compaq Name:l
Phone Number:)
Fa: Number:)
Email:
1 1 J 1 K L I
I, (NE Firm, Landscape Architecture Firm, Traffic Engineering Firm, etc)
e
(Project Manager, etc.)
Figure 4: Example of the Profile tab.
This tab contains information about the key component (whether it is an individual or firm)
B. Preparing the Surveys
1. Each key component is responsible for sending out a survey questionnaire
to each of their past clients. The survey questionnaire is provided in this
document.
2. Each key component should enter the Survey ID (Code), past clients
contact information, and project information on each survey form for each
reference. The team member should also enter the name of the firm
and/or individual being surveyed.
3. All the information on the survey form must match the reference
information in the excel file (see Figure 5).
Page 28 City of Miami Beach May 2007
Attachment 4 -Reference List and Company Profile (Construcflon).xis
Project Manual
2 1 Kyle Smith 458-963-8562 458-963-8563 City of Mesa Mesa Park 5/15/2000 836,589
' i- 9 Johnson 549-785-9654 549-7%-955 City of Mesa Police Buildma 3 I 6/8/1999 8452,389
4 3 Phil McGill 458-965-7852 458-9655-7653 Cit[ of Mesa Cafeteria #1 1 7,6/1980 812,648
a ; 4 eke McReaken 1%-621-1264 136-621-1265 ABB Warehouse Warehouse renovation 1 6/2/1995 5154,893
6 5 Bob Hardy 658-965-8965 658-965-8966 ADOT Stapley Road Overpass{ 1/5/2022 815,648
7 ! 6 Mitchell Adams 458-965-8523 458-965-8524 City of Gilbert Road Renovation 1 5/42003 54,%5,923
1 7 I Bill Robinson 486-%5-8523 486-965-8523 City of Phoenix Street Light Installation 72/1990 5456,876
9 i 8 John -T Grecko 486-965-8563 486-965-8563 ACG Buildings Building 456 renovation 82/2003
st4 4 5159,764 y
► H re
\P�,Reference List/ j4' :.. . 1, ' .
Survey Questionnaire
To: Phil McGill
(Name of person completing survey)
Phone:
Sury
458965-7852 , Fax: i 458-965-7853
Subject: Past Performance Survey of
AB C
(Name of Company)
Mark McGraw (PM),. Pam Hamilton (SS) •
(Name of IncividuaIs)
A Client is implementing a process that collects past performance information on firms and their key
personnel. The information will be used to assist the client in the selection of firms to perform various
projects. The firm/individual listed above has listed you as a client for which they have previously
performed work on. We would appreciate your taking the time to complete this survey.
Rate each of the criteria on a scale of 1 to 10, with 10 represlnting that you were very satisfied (and
would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never
hire the firm/individual again). Please rate each of the criteria to the best of your knowledge. If you do
not have sufficient knowledge of past performance in a particular area, leave it blank.
Client Name: City of Mesa
Project Name: Cafeteria #1
Project Completion Date: i 7/611980
NO
1
CRITE RIA
Ability to manage the project cost (minimize change orders)
UNIT
(1-10)
Figure 5: Example of Survey Form. The information must match the excel file.
To save work in the future, list all key individuals on the survey that participated on the project.
4. If a reference will be evaluating several team members (such as the PM),
please list all of the members on the survey form to get credit for all the
areas (as shown in Figure 5).
May 2007 City of Miami Beach Page 29
Proiect Manual
5. Do not list more than one individual for the same position (i.e. if Joe Smith
was a PM on the project, you cannot list another individual as a PM on
that same project).
6. Each key component is responsible for making sure that their past clients
receive the survey, complete the survey, and return the survey back to the
City. The survey must be sent directly from the past client to the City or
your survey will not receive credit. Be sure to indicate to your clients the
due date when the survey should be faxed in to the City.
7. The City may contact the references for additional information or to clarify
survey data. If the reference cannot be contacted, there will be no credit
given for that reference.
Page 30 City of Miami Beach May 2007
Project Manual
ATTACHMENT 2 Performance Evaluation Survey
m
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 , Fax: 305.673.7851
May 10, 2007
To:
(Client's Name)
Individual Providing the Survey Response:
Phone:
Fax:
E-mail:
Subject: Performance Evaluation of
Number of pages including cover: 2
To Whom It May Concern:
(Consultant firm and/or Project Manager/Cost Estimator)
The City of Miami Beach has implemented a process that collects past performance
information on various Contractors that have the qualifications and experience in
providing construction of Vertical Construction projects, Horizontal Construction Right -
of -Way projects and past experience in indefinite quantity contracts and or Job Order
Contracting.
The company listed in the subject line has chosen to participate in this program. They
have listed you as a past client that they have done work for. Both the company and
City of Miami Beach would greatly appreciate you taking a few minutes out of your busy
day to complete the accompanying questionnaire.
Please review all items in the following attachment and answer the questions to the best
of your knowledge. If you have difficulty or cannot decipher the question's meaning,
please provide your best judgment as to it's understanding and score accordingly.
Please return this auestionnaire to Gus Lopez by June 15. 2007 or earlier via e-
mail guslopez@miamibeachfl.gov
Please provide one Survey for the Contractor and one Survey for the Construction
Project Manager or Construction Superintendent who directly worked on your project.
Thank you for your time and effort.
Gus Lopez, CPPO
Procurement Director
May 2007 City of Miami Beach Page 31
Project Manual
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 , Fax: 305.673.7851
PERFORMANCE EVALUATION SURVEY
Project Name:
Contractor (Bidder)
(Check one)
_ Construction Project Manager and/or Construction Superintendent (Individual)
Name of Above
Phone or e-mail of above Consultant or Individual:
Please evaluate the performance of the Contractor's firm and/or Construction Project Manager
and/or Construction Superintendent (10 means you are very satisfied and have no questions
about hiring them again, 5 is if you don't know and 1 is if you would never hire them again
because of very poor performance).
NO
1
2
3
CRITERIA
Ability to manage the project cost (minimize change
orders)
Ability to maintain project schedule (complete on-time or
early)
Quality of workmanship
Professionalism and ability to manage (includes
4 responses and prompt payment to suppliers and
subcontractors)
Close out process (no punch list upon turnover,
5 warranties, as-builts, operating manuals, tax clearance,
etc. submitted promptly)
6 Communication, explanation of risk, and documentation
Ability to follow the users rules, regulations, and
requirements (housekeeping, safety, etc...)
8 Overall customer satisfaction and hiring again based on
performance (comfort level in hiring contractor again)
Overall Comments
(1-10)
(1-10)
(1-10)
(1-10)
(1-10)
Page 32 City of Miami Beach May 2007
Project Manual
Agency or Contact Reference
Business Name:
Contact
Name:
Contact Phone and
e-mail:
Date of
Services:
Dollar Amount for
Services:
PLEASE E-MAIL THIS QUESTIONNAIRE TO GUS LOPEZ AT guslopez@miamibeachfl.gov
May 2007 City of Miami Beach Page 33
Proiect Manual
ATTACHMENT 3 Interviews of Key Personnel
Introduction
The purpose of the interview is to rate the following of key individuals in their respective
areas:
1. How well they see the project, from beginning to end.
2. Can they pick out and prioritize the critical points (risk) in terms of time and cost,
and have they preplanned for them.
3. Can they continuously improve.
4. Can they measure their own performance.
5. Can they minimize change orders, additional charges, and customer
dissatisfaction?
Format
The key personnel shall be evaluated by the Technical Review Panel during its
meeting(s), and should be prepared to attend if invited to provide a presentation. The
interview will cover the above points. They will be questioned by the Technical Review
Panel and other individuals who may include the procurement staff and personnel from
several City user Departments such as CIP, Public Works and Parks and Recreation.
Page 34 City of Miami Beach May 2007
Project Manual
ATTACHMENT 4 Risk Assessment Plan
Risk Assessment Plan Guide
Introduction
The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to
preplan (identify the risks on a future project in terms of time and client expectation of
quality and performance). The RAP is used to:
1. Assist the client in prioritizing firms based on their ability to understand the risk of a
project.
2. Provide high performing vendors the opportunity to differentiate themselves due to their
experience and expertise.
3. Giving the competitive edge to experienced companies who have done the type of work
before, who can see the job from beginning to end, and who know how to minimize the
risk.
4. Provide a mechanism for the high performers to regulate the low performers by ensuring
that if they are not selected, the selected company will minimize the risk and provide the
client with a comparable performance.
The RAP document or portions thereof. submitted by the successful bidder may be
included within the contract documents. The City of Miami Beach reserves the richt to
accept or reiect anv of the risk items and/or the cost associated with each risk item
identified. Additionally. the successful bidder will be required to submit a iustification of
the cost associated with anv of the proposed risks in their Risk Assessment for analysis
by the City upon request.
In addition to the above. the risks identified on the Risk Assessment Plans or portions
thereof, of the unsuccessful bidders may become part of the Quality Control Plan that
will be prepared by the successful bidder as a result of negotiations with the City.
RAP Plan Format
The format for the RAP is attached. The RAP should clearly address the following
items in a non-technical manner:
1. List and prioritize major risk items or decisions to be made that are unique to this
project. This includes items that may cause the project to not be completed on time, not
finished within budget, generate any change orders, or may be a source of
dissatisfaction for the City. Attach a cost ($), time extension, or quality differential for
every risk.
2. Explain how the Contractor will avoid / minimize the risk. If the contractor has a unique
method to minimize the risk, it should be explained in non-technical terms.
3. Propose any options that could increase the value (expectation or quality) of their work.
List any value or differential that the contractor is bringing to the project.
May 2007 City of Miami Beach Page 35
Proiect Manual
4. Attach a Preliminary Project Schedule.
No names!!! - In order to minimize any bias by the TECHNICAL REVIEW PANEL, the
RAP must not contain ANY names (such as contractor, manufacturer, or designer
names, personnel names, project names, product names, or company letterhead). The
RAP should not contain any marketing information.
Length - The City's goal is to make the selection process as efficient as possible.
Efficiency is to minimize the effort of all participants, especially those who will not get
the project. Therefore, the RAP should be a brief, well organized and concise. The RAP
must not exceed 2 pages, does not include the preliminary project schedule or the
phasing plan, these are additional.
Font size - The font should be no smaller than 12 point.
Organization - Outline format. The attached format is only a sample.
Impact of Risks
Risks are any items that you should be concerned with throughout the entire project.
They are the most critical items that can impact the cost, time, or quality expectation of
the client. The risks should be prioritized, or listed in order by the greatest risks at the
top to the lowest risk in descending order. Each risk should have a cost and/or time
concern. If the risk has cost implications, the actual estimated cost should be listed. If it
has time concerns, the number of days should be listed.
Rating of Risk Assessment Plans
The RAP will be rated by the TECHNICAL REVIEW PANEL assigned to this project.
Rating criteria will be:
1. The understanding and minimization of risks.
2. Contractor's differentiation of their value.
3. The Preliminary Project Schedule.
Checklist for Risk Assessment Plan
1. Are all names removed from the RAP: personal, project, or company names?
2. Does every risk have a cost or time attached to it?
3. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless
you perceive others are not doing it)
4. Does the RAP include all service, quality control processes; documentation that you do
that your competition does not.
5. Are you including Public Relation risks such as interfacing with project managers, users
of the facility, or audit/inspection personnel?
6. Do you have a preliminary project schedule?
7. Does your RAP plan differentiate you? By how much?
8. Can your RAP plan make a non-technical person comfortable with hiring you?
Page 36 City of Miami Beach May 2007
Project Manual
9. Did you number the pages of the risk assessment plan?
10. Did you print 1 original and 10 copies of your RAP and enclosed them in a sealed
envelope?
If all items are checked, your risk assessment plan is ready to submit.
May 2007 City of Miami Beach Page 37
Project Manual
Risk Assessment Plan Format
Please prioritize the risks (list the greatest risks first). Indicate the potential impact to
projects and/or schedule (in terms of calendar Days). You may add/delete the risk
tables below as necessary.
Major Risk Items
Risk 1:
Impact: Schedule
(Days)
Solution:
Risk 2:
Impact:
Solution:
Risk 3:
Impact:
Solution:
Schedule
(Days)
Schedule
(Days)
Risk 4:
Impact: Schedule
(Days)
Solution:
Risk 5:
Impact:
Solution:
Schedule
(Days)
Risk 6:
Impact: Schedule
__ (Days)
Solution:
Risk 7:
Impact: Schedule
(Days)
Solution:
Risk 8:
Page 38 City of Miami Beach
May 2007
Impact:
Solution:
Risk 9:
Impact:
Solution:
Risk 10:
Impact:
Solution:
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
Project Manual
May 2007 City of Miami Beach Page 39
Proiect Manual
ATTACHMENT 5 Customer Reference Listing
CUSTOMER REFERENCE LISTING (5 PROJECTS)
Related Project Experience:
Complete forms on pages 41 through 50 and provide five (5) sample construction
projects that your company has completed or that are in progress, that are similar
and of the same complexity to the types of work required under this Contract.
Page 40 City of Miami Beach May 2007
Project Manual
SAMPLE Project 1 of 5
CONTRACTOR'S NAME:
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
FAX:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in
City/Urban environment and or Beach/Bay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub -Contractor
What changes and/or modifications were experienced during the course of the project?
May 2007 City of Miami Beach Page 41
Proiect Manual
(SAMPLE Project 1, Continued)
How did those changes/modifications affect the schedule?
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE:
PROJECT MANAGER:_
DESIGNER:
PROJECT MANAGER:
TELEPHONE NO:
*ATTACH ADDITIONAL SHEETS IF NECESSARY*
Page 42 City of Miami Beach May 2007
Project Manual
SAMPLE Proiect 2
CONTRACTOR'S NAME:
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
FAX:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in
City/Urban environment and or Beach/Bay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime_ Sub -Contractor
What changes and/or modifications were experienced during the course of the project?
May 2007 City of Miami Beach Page 43
Proiect Manual
(SAMPLE Project 2, Continued)
How did those changes/modifications affect the schedule?
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE:
PROJECT MANAGER:
DESIGNER:
PROJECT MANAGER:
TELEPHONE NO:
*ATTACH ADDITIONAL SHEETS IF NECESSARY*
Page 44 City of Miami Beach May 2007
Project Manual
SAMPLE Project 3
CONTRACTOR'S NAME:
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
FAX:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in
City/Urban environment and or Beach/Bay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub -Contractor
What changes and/or modifications were experienced during the course of the project?
May 2007 City of Miami Beach Page 45
Proiect Manual
(SAMPLE Project 3, Continued)
How did those changes/modifications affect the schedule?
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE:
PROJECT MANAGER:
DESIGNER:
PROJECT MANAGER:
TELEPHONE NO:
*ATTACH ADDITIONAL SHEETS IF NECESSARY*
Page 46 City of Miami Beach May 2007
Project Manual
SAMPLE Proiect 4
CONTRACTOR'S NAME:
CLIENT'S NAME:
CLIENT'S CONTACT NAME:
CLIENT'S ADDRESS:
CLIENT'S PHONE:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
FAX:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in
City/Urban environment and or Beach/Bay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime_ Sub -Contractor
What changes and/or modifications were experienced during the course of the project?
May 2007 City of Miami Beach Page 47
Proiect Manual
Page 48 City of Miami Beach May 2007
Project Manual
(SAMPLE Project 4, Continued)
How did those changes/modifications affect the schedule?
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE:
PROJECT MANAGER:
DESIGNER:
PROJECT MANAGER:
TELEPHONE NO:
*ATTACH ADDITIONAL SHEETS IF NECESSARY*
May 2007 City of Miami Beach Page 49
Proiect Manual
SAMPLE Project 5
CONTRACTOR'S NAME:
CLIENTS NAME:
CLIENTS CONTACT NAME:
CLIENTS ADDRESS:
CLIENTS PHONE:
OVERALL DESCRIPTION OF THE PROJECT:
TYPE OF CONTRUCTION PROVIDED:
FAX:
CONSTRUCTION TRADES PROVIDED ON THE PROJECT:
SPECIAL FEATURES OF THE PROJECT (describe how work was performed in
City/Urban environment and or Beach/Bay Front Vicinity):
Was the experience described above as a Prime Contractor or as a subcontractor?
Prime Sub -Contractor
What changes and/or modifications were experienced during the course of the project?
Page 50 City of Miami Beach May 2007
Project Manual
(SAMPLE Project 5, Continued)
How did those changes/modifications affect the schedule?
CONTRACT AWARD AMOUNT $
FINAL COST AT COMPLETION: $
VALUE OF WORK PERFORMED AS THE PRIME: $
TOTAL VALUE OF SUBCONTRACT: $_
SCHEDULE START DATE:
SCHEDULE COMPLETION DATE:
ACTUAL START DATE:
ACTUAL COMPLETION DATE:
PROJECT MANAGER:
DESIGNER:
PROJECT MANAGER:
TELEPHONE NO:
*ATTACH ADDITIONAL SHEETS IF NECESSARY*
May 2007 City of Miami Beach Page 51
Proiect Manual
15. Evaluation:
15.1. The contractor will be evaluated on each individual Job Order. Results
of the evaluation will impact the issuance of future Job Orders and option
terms.
16. Contract Price:
16.1. The Contract Price is to include the furnishing of all labor, materials,
equipment including tools, services, obtaining permits, applicable taxes,
overhead, scope documentation services, overhead and profit for the
completion of each Job Order. The cost of any item(s) of Work not
covered by a specific Contract unit price shall be treated as a Non Pre -
priced item and the procedure for ordering these tasks are outlined in
Article 12 of the JOC Supplemental Conditions.
17. Environmental Regulations:
17.1. The City reserves the right to consider a Bidder's history of citations
and/or violations of environmental regulations in investigating a Bidder's
responsibility, and further reserves the right to declare a Bidder not
responsible if the history of the violations warrant such determination in
the opinion of the City. Bidder shall submit with its Bid, a complete
history of all citations and/or violations, notices and dispositions
thereof. The non- submission of any such documentation shall be
deemed to be an affirmation by the bidder that there are no citations or
violations. Bidder shall notify the City immediately of notice of any
citation or violation which Bidder may receive after the Bid
opening date and during the time of performance of any contract
awarded to it.
18. Protested Solicitation Award:
18.1. Bidders that are selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344
which establishes procedures for resulting protested bids and proposed
awards. Protest not timely pursuant to the requirements of
Ordinance No. 2002-3344 shall be barred.
19. Postponement of Date for Presenting and Opening of Bids:
19.1. 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.
Page 52 City of Miami Beach May 2007
Project Manual
20. Qualifications of Bidders:
20.1. Contractors bidding on a VERTICAL CITYWIDE contract must have a
Valid State Certified General Contractors License and have a minimum
of 5 years of documented experience in general construction.
Contractors bidding on a HORIZONTAL ROW contract must have a
Valid State Certified General Contractors License or Engineering
License issued by Miami -Dade County with a minimum of five (5) years
of documented in site/civil/utilities and Right -of -Way projects.
20.2. Bids shall be considered only from Contractors normally engaged in
performing the type of work specified within the Contract Documents.
Bidder must have adequate organization, facilities, equipment, and
personnel to ensure prompt and efficient service to City.
20.3. In determining a Bidder's responsibility and ability to perform the
Contract, City has the right to investigate and request information
concerning the financial condition, experience record, personnel,
equipment, facilities, principal business location and organization of the
Bidder, the Bidder's record with environmental regulations, and the
claims/litigation history of the Bidder.
21. Addenda and Modifications:
21.1. 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.
22. Prevailing Wage Rates:
22.1. On a Job Order by Job Order basis the requirements if any for Davis
Bacon Wages will be discussed at the Joint Scope Meeting and
identified in the RFP. This requirement if any must be incorporated into
the Detailed Scope of Work 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
22.2. Weekly payroll reports (WH347 or equivalent) are required to be
submitted by the contractor and subcontractors through the contractor
certifying that all laborers and mechanics engaged in the construction of
the project, including those employed by subcontractors, have been paid
no less than the minimum wage rates as listed on the wage decision.
May 2007 City of Miami Beach Page 53
Proiect Manual
23 Equals Benefit Ordinance
23.1 Bidders are advised that this Bid and any contract awarded pursuant to
this procurement processshall be subject to the applicable provisions of
Ordinance No. 2005-3494, entitled "Requirement for City Contractors to
Provide Equal Benefits for Domestic Partners (the "Ordinance")." The
Ordinance applies to all employees of a Contractor who work within the
City limits of the City of Miami Beach, Florida; and the Contractor's
employees located in the United States, but outside of the City of Miami
Beach limits, who are directly performing work on the contract within the
City of Miami Beach.
All bidders shall complete and return, with their bid, the "Declaration:
Non-discrimination in Contracts and Benefits" form contained herein.
The City shall not enter into any contract unless the bidder certifies that
such firm does not discriminate in the provision of Benefits between
employees with Domestic Partners and employees with spouses and/or
between the Domestic Partners and spouses of such employees.
Contractors may also comply with the Ordinance by providing an
employee with the Cash Equivalent of such Benefit or Benefits, if the
City Manager or his designee determines that the successful bidder
Contractor shall complete and return the "Reasonable Measures
Application" contained herein, and the Cash Equivalent proposed.
It is important to note that bidders are considered in compliance if bidder
provides benefits neither to employees' spouses nor to employees'
Domestic Partners.
Following this page please find a Q & A of the major points of the
proposed Ordinance. Additionally, the following documents need to be
returned to the City with your bid:
Declaration: Nondiscrimination in Contracts and Benefits Form
Reasonable Measures Application Form
24. Proposed Equal Benefits Ordinance Summary
The foregoing analysis provides a summary of the major points of the
proposed Ordinance:
24.1. What is the intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to
competitive bids, to provide "Equal Benefits" to their employees with
Domestic Partners, as they provide to employees with spouses.
Page 54 City of Miami Beach May 2007
Project Manual
24.2. How are "Equal Benefits" defined and what kind of "Benefits" does the
Ordinance cover?
"Equal Benefits" means that contractors doing business with the City
who are covered by the Ordinance shall be required to provide the same
type of benefits that they offer to employees and their spouses, to
employees with Domestic Partners.
The type of "Benefits" defined by the Ordinance and which may be
offered by a contractor include: sick leave, bereavement leave, family
medical leave, and health benefits.
The "Benefits" defined in the Ordinance are the same type of benefits
that the City provides to Domestic Partners of City employees, pursuant
to Section 62-128 of the City Code].
Notwithstanding the definition of "Benefits" in the Ordinance, to comply
with the Ordinance a Contractor is not required to provide all the above-
described benefits. Contractors are only required to offer the same type
of Benefits they offer to their employees with spouses, to employees with
Domestic Partners. Additionally, a Contractor who offers no benefits to
employees or their spouses, would not be required to offer any benefits
to employees with Domestic Partners (and would still be in compliance
with the Ordinance).]
24.3 Who is considered a "Domestic Partner" under the Ordinance?
A "Domestic Partner" shall mean any two (2) adults of the same or
different sex who have registered as domestic partners with a
government body pursuant to state or local law authorizing such
registration, or with an internal registry maintained by the employer of at
least one of the domestic partners.
24.4 What type of Contracts and/or which Contractors are covered by the
Ordinance?
The Ordinance only applies to the following:
a. Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.).
b. Contracts valued at over $100,000.
c. Contractors who maintain 51 or more full time employees on their
payrolls during 20 or more calendar work weeks in either the
current or the preceding calendar year.
d. Contractors covered by the Ordinance are only required to comply
as to employees who: 1) either work within the City limits of the City
of Miami Beach; or 2) the contractor's employees located in the
United States, but outside of the City limits, only if those employees
May 2007 City of Miami Beach Page 55
Proiect Manual
are directly performing work on the City contract (covered by the
Ordinance).
24.5 In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
a. The City contract has been has been entered into prior to the
effective date of the Ordinance (including renewal terms contained
in such contracts).
b. The City contract is not competitively bid.
c. The City contract is valued at less than $100,000.
d. The contractor has less than 51 employees.
e. The contractor does not provide Benefits either to employees'
spouses or to employees' Domestic Partners.
f. The contractor is a religious organization, association, society or
any non profit charitable or educational institution or organization
operated, supervised or controlled by or in conjunction with a
religious organization, association or society.
The contractor is another government entity.
g.
The following City contracts are not covered by the Ordinance:
a. Contracts for sale or lease of City property.
b. Development Agreements.
c. Contracts/grants for CDBG, HOME, SHIP, and Surtax funds
administered by the City's Office of Community Development
d. Cultural Arts Council grants
e. Contracts for professional A/E, landscape A/E, or survey and
mapping services procured pursuant to Chapter 287.055, Florida
Statutes ("The Consultants Competitive Negotiation Act".
f. Contracts for the procurement of life, health, accident,
hospitalization, legal expense, annuity insurance, or any and all
other kinds of insurance for the officers and employees of the City
and their dependents, from a group insurance plan.
The Ordinance provides, upon written recommendation of the City
Manager, that the City Commission may, by 5/7ths vote, waive
application of the Ordinance for the following:
a. Emergency contracts.
b. Contracts where only one bid response is received.
Page 56 City of Miami Beach May 2007
Project Manual
c. Contracts where more than one bid response is received, but none
of the bidders can comply with the requirements of the Ordinance.
The City's ability to apply the Ordinance may also be preempted in
instances where the Ordinance impacts health, retirement, or pension
program which fall within the jurisdiction of the Employee Retirement
Income Security Act (ERISA), and may under certain circumstances be
held invalid under Federal preemption.
24.6 How is the Ordinance enforced by the City?
a. City contracts that are covered by the Ordinance shall notify
potential bidders/proposers of the Ordinance and its requirements
in the issuer bid documents.
b. At the time of entering into the contract with the City, the proposed
City contractor shall certify to the City that it intends to provide
Equal Benefits, along with the description of its employee benefits
plan, which needs to be delivered to the Procurement Director prior
to entering into the contract.
i. The City has the ongoing right to investigate/audit contracts for
compliance with the provisions of the Ordinance.
li. The contractor is required to post notice to its employees at its
place of business that it provides Equal Benefits.
24.7 Is there another way for a Contractor who does not provide Equal
Benefits to comply with the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet
unsuccessful effort to provide Equal Benefits, it can still comply with the
Ordinance by providing an employee with the "Cash Equivalent" of the
similar benefit(s) offered to the contractor's employees and their
spouses.
24.8 What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the
Ordinance may result in the following:
a. Breach/default under the contract.
b. Termination of the contract.
c. Monies due under the contract may be retained by the City until
compliance is achieved.
d. Debarment of contractors from City work, as prescribed by the City
Code.
May 2007 City of Miami Beach Page 57
Proiect Manual
ES3 MIAMI BEACH
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1. Vendor Information
Name of Company: Name of Company Contact Person:
Phone Number: Fax Number: E-mail:
Vendor Number (if known):
Federal 10 or Social Security Number:
Approximate Number of Employees in the U.S.:
Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes No
Union name(s):
Section 2. Compliance Questions
Question 1. Nondiscrimination - Protected Classes
A. Does your company agree to not discriminate against your employees, applicants for
employment, employees of the City, or members of the public on the basis of the fact or
perception of a person's membership in the categories listed below? Please note: a
"YES' answer means your company agrees it will not discriminate; a "NO" answer
means your company refuses to agree that it will not discriminate. Please answer yes or
no to each category
Li Race _Yes _No ❑ Sex _Yes _No
Color _Yes _No LiSexual orientation _Yes _No
Creed _Yes _No ❑ Gender identity (transgender status) _Yes _No
Religion _Yes _No t]Domestic partner status _Yes _No
National origin _Yes _No ❑ Marital status _Yes _No
Ancestry _Yes _No ❑ Disability _Yes _No
Age _Yes _No ❑ AIDS/HIV status _Yes _No
Height _Yes _No ❑ Weight _Yes _No
Page 58 City of Miami Beach May 2007
Project Manual
B. Does your company agree to insert a similar nondiscrimination provision in any
subcontract you enter into for the performance of a substantial portion of the contract you
have with the City? Please note: you must answer this question, even if you do not intend
to enter into any subcontracts.
Yes No
Questions 2A and 2B should be answered YES even if your employees must pay
some or all of the cost of spousal or domestic partner benefits.
A. Does your company provide or offer access to any benefits to
employees with spouses or to spouses of employees?
Yes No
B. Does your company provide or offer access to any benefits to
employees with (same or opposite sex) domestic partners' or to domestic
partners of
employees?
Yes No
'The term Domestic Partner shall mean any two (2) adults of the same
or different sex, who have registered as domestic partners with a
government body pursuant to state or local law authorizing such
registration, or with an internal registry maintained by the employer of at
least one of the domestic partners. A Contractor may institute an internal
registry to allow for the provision of equal benefits to employees with
domestic partner who do not register their partnerships pursuant to a
governmental body authorizing such registration, or who are located in a
jurisdiction where no such governmental domestic partnership exists. A
Contractor that institutes such registry shall not impose criteria for
registration that are more stringent than those required for domestic
partnership registration by the City of Miami Beach
If vou answered "NO" to both Questions 2A and 2B, go to Section 4 (at the
bottom of this page), complete and sign the form, filling in all items
requested.
If vou answered "YES" to either or both Questions 2A and 2B, please
continue to Question 2C below.
Question 2. (continued)
C. Please check all benefits that apply to your answers above and list in
the 'other" section any additional benefits not already specified. Note:
some benefits are provided to employees because they have a spouse
or domestic partner, such as bereavement leave; other benefits are
provided directly to the spouse or domestic partner, such as medical
insurance.
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BENEFIT
Yes for Yes for Documentation
Employees Employees with No, this of this Benefit is
with Domestic Benefit is Not Submitted with
Spouses Partners Offered this Form
Health [] [] [] [1
Dental [1 [1 1] []
Vision [] [] [] []
Retirement (Pension, [1 [] [] []
401(k), etc.)
Bereavement [1 [] [] []
Family Leave [] [1 [1 []
Parental Leave [1 [] [] []
Employee Assistance [1 [] [] [1
Program
Relocation.& Travel 11 [] [1 [l
Company Discount, [] [] [] H
Facilities & Events
Credit Union [l [] [1 []
Child Care [1 [] [1 []
Other [] [] [] []
Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons
outside your control, (e.g., there are no insurance providers in your area willing to offer
domestic partner coverage) you may be eligible for Reasonable Measures compliance.
To comply on this basis, you must agree to pay a cash equivalent, submit a completed
Reasonable Measures Application with all necessary attachments, and have your
application approved by the City Manager, or his designee.
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Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question
2C. Without proper documentation, your company cannot be certified as complying with the City's
Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical
insurance submit a statement from your insurance provider or a copy of the eligibility section of your
plan document; to document leave programs, submit a copy of your company's employee handbook.
If documentation for a particular benefit does not exist, attach an explanation.
Have you submitted supporting documentation for each benefit offered?
Yes No
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and
correct, and that I am authorized to bind this entity contractually.
Executed this day of , in the year , at
City' State
Signature Mailing Address
Name of Signatory (please print) City, State, Zip Code
Title
May 2007 City of Miami Beach Page 61
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elA MIAMI BEACH
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration: Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Procurement Division ONLY IF you:
a. Have taken all reasonable measures to end discrimination in benefits; and
b. Are unable to do so; and
c. Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
1. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s) you received from such benefits providers, and if written
responses are unavailable, summaries of oral responses; and
4. Any other information you feel is relevant to documenting your inability to end discrimination in
benefits, including, but not limited to, reference to federal or state laws which preclude the ending
of discrimination in benefits.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is
true and correct, and that I am authorized to bind this entity
contractually.
Name of Company (please print) Mailing Address of Company
Signature City, State, Zip Code
Name of Signatory (please print) Telephone Number
Title Date
Page 62 City of Miami Beach May 2007
Definition of Terms
A. REASONABLEMEASURES
Project Manual
The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures
provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end
discrimination in benefits. A determination that it is not possible for the City Contractor to end
discrimination in benefits shall be based upon a consideration of such factors as:
(1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and
written documentation from these providers that they will not provide equal benefits;
(2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and
(3) The existence of federal or state laws which preclude the City Contractor from ending
discrimination in benefits.
B. CASH EQUIVALENT
"Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse,
if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable).
The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for
his or her spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
a. For bereavement leave, cash payment for the number of days that would be allowed as paid time
off for death of a spouse. Cash payment would be in the form of wages of the domestic partner
employee for the number of days allowed.
b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly
premiums that are being paid for the domestic partner employee, to be paid on a regular basis
while the domestic partner employee maintains the such insurance in force for himself or herself.
c. For family medical leave, cash payments for the number of days that would be allowed as time off
for an employee to care for a spouse that has a serious health condition. Cash payment would be
in the form of wages of the domestic partner employee for the number of days allowed.
May 2007 City of Miami Beach Page 63
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00400 BID/TENDER FORM
ITB #:
Submitted:
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the Contract Documents and all
addenda thereto furnished before the opening of the bids, as acknowledged below; and
that it has satisfied itself about the Work to be performed; and all other required
information with the bid; and that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to furnish all necessary materials, equipment, machinery, tools, apparatus, means
of transportation, and all labor necessary to construct and complete within the time
limits specified the Work covered by the Contract Documents for the Project entitled:
ITB#:
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total bid
price, and to furnish the required Certificate(s) of Insurance. The undersigned further
agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to
execute said Contract, or fails to furnish the required Performance Bond and Payment
Bond, or fails to furnish the required Certificate(s) of Insurance within seven (7) calendar
days after being notified of the award of the Contract.
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In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. Acknowledgment is hereby made of the following
addenda (identified by number) received since issuance of the Project Manual:
Addendum Number
Date Signature
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
Name of Bidder:
City/State/Zip:
Telephone No.:
Social Security No.
or Federal Dun and Bradstreet No.:
(if applicable)
I. D. No.:
(if applicable)
Bradstreet No.:
If a partnership, names and addresses of partners:
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(Sign below if not incorporated)
WITNESSES:
(Signature)
(Sign below if incorporated)
ATTEST:
(Secretary)
CORPORATE SEAL)
Incorporated under the laws of the State of:
(Type or Print Name of Bidder)
(Type or Print Name Signed Above)
(Type or Print Name of Corporation)
(Signature and Title)
(Type or Print Name Signed Above)
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00405 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will
have to pay the City before or during construction or the percentage method or 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:
Building Permits, Public Works Permits, Zoning Permits, and Fees required by the City
for Construction will be reimbursed to the Contractor by the City for the cost of the
Permit/Fee only as a Reimbursable task item 01204-1001 with no marked -ups, meaning
using a Adjustment Factor of 1.0000. The cost for obtaining these Permits is to be
included in the Contractor's Adjustment Factor.
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY
MIAMI-DADE COUNTY, THE STATE OF FLORIDA, STATE OR OTHER
AGENCIES THAT ARE NOT INCLUDED IN THE ABOVE LIST SHALL
BE REIMBURSED BY THE CITY.
IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN ALL
PERMITS AND REQUIRED DOCUMENTS.
1 Occupational licenses from City of Miami Beach firms will be required to
be submitted within fifteen (15) days of notification of intent to award.
2 Occupational licenses will be required pursuant to Chapter 205.065
Florida Statutes.
May 2007 City of Miami Beach Page 67
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00407 FORM OF BID
BID FORM 1
SCHEDULE OF PRICES
FOR CONTRACT NUMBER ITB
The Bidder hereby proposes to furnish all labor, materials, equipment,
transportation, supervision, scope documentation services, as required, and
facilities necessary to complete in a workmanlike manner and in accordance with
the Contract Documents, all Job Order Work ordered for the compensation in
accordance with the following schedule of prices: The Contractor bids three (3)
adjustment factors. Two will be applied against the prices set forth in the
Construction Task Catalog° (CTC). One will be for work performed during normal
working hours. The second set will be for work performed during other normal
hours and the third adjustment factors will be used for Non Prepriced Work
Tasks.. These adjustment factors will be considered for the Term Period (12
months from date of contract award)
Line 1 Normal Working Hours Construction: Contractor shall perform any or all
functions called for in the Contract Documents and the individual project
Detailed Scope of Work, scheduled during normal working hours in the
quantities specified in individual Job Orders against this contract for the unit
price sum specified in the Construction Task Catalog° (CTC) multiplied times
the adjustment factor of:
(Specify to four (4) decimal places)
Line 2 Other Than Normal Working Hours Construction.: Contractor shall perform
any or all functions called for in the Contract Documents and the individual
project Detailed Scope of Work, scheduled during other than normal working
hours in the quantities specified in individual Job Orders against this contract
for the unit price sum specified in the Construction Task Catalog° (CTC)
multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
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Line 3 Non Prepriced Work Tasks: Contractor shall perform any or all functions
called for in the Contract Documents and the individual project Detailed
Scope of Work, that are considered a Non Prepriced Work Tasks multiplied
times the adjustment factor of:
(Specify to four (4) decimal places)
Line 4 Combined Adjustment Factor (From Line 7 on Bid Form 2)
(Specify to four (4) decimal places)
EXAMPLE: Write the Adjustment Factor to four decimal places as the following example
illustrates.
1
Or
0
1
9
8
9
9
9
8
9
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BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CONTRACT NUMBER ITB
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
(Found on Bid Form (1) Zine 1)
2. Multiply Line 1 by (.70)
3. Other Than Normal Working Hours Construction Adjustment Factor
(Found on Bid Form (1) line 2)
4. Multiply Line 3 by (.20)
5. Non Prepriced Work Tasks Adjustment Factor
(Found on Bid Form (1) line 3)
6. Multiply Line 5 by (.10)
7. Add lines 2+4+6
(Combined Adjustment Factor)
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The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the
Bid Adjustment Factors, (Line 1, 3, 5,) and Final Combined Adjustment Factor (Line 7)
to the space provided on the Bid Form 1 (Line 4) of this proposal. The lowest Combined
Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to
revise all arithmetic calculations for correctness.
Note: Should there exist a discrepancy in the adjustment factors bid on Bid Form (1)
and Bid Form (2), Bid Form (1) shall take precedent.
Contractor Name:
Authorized Signature:
Printed Name:
Date:
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00500 SUPPLEMENT TO BID/TENDER FORM
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE
CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE
CITY'S REQUEST.
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00520 SUPPLEMENT TO BID/TENDER FORM - NON -COLLUSION
CERTIFICATE
Submitted this
day of , 2007
The undersigned, as Bidder, declares that the only persons interested in this proposal
are named herein; that no other person has any interest in this proposal or in the
contract to which this proposal pertains; that this proposal is made without connection or
arrangement with any other person; and that this proposal is in every respect fair and
made in good faith, without collusion or fraud.
The Bidder agrees if this proposal is accepted, to execute an appropriate City of Miami
Beach document for the purpose of establishing a formal contractual relationship
between the Bidder and the City of Miami Beach, Florida, for the performance of all
requirements to which the Bid pertains.
The Bidder states that this proposal is based upon the documents identified by the
following number: Bid No.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
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00530 SUPPLEMENT TO BID/TENDER FORM - DRUG FREE
WORKPLACE CERTIFICATION
The undersigned Bidder hereby certified that it will provide a drug-free workplace
program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the offer or's workplace, and specifying the actions that will be taken
against employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1).
(4) Notifying all employees, in writing, of the statement required by subparagraph
(1), that as a condition of employment on a covered Contract, the employee
shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a
criminal drug statute for a violation occurring in the workplace no later
than five (5) calendar days after such conviction;
Notifying City government in writing within ten (10) calendar days after receiving
notice under subdivision (4) (ii) above, from an employee or otherwise receiving
actual notice of such conviction. The notice shall include the position title of the
employee.
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of
a conviction, taking one of the following actions with respect to an employee who
is convicted of a drug abuse violation occurring in the workplace:
(1) Taking appropriate personnel action against such employee, up to and
including termination; or
(3)
(5)
Page 74 City of Miami Beach May 2007
(7)
Project Manual
(ii) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate
agency; and
Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs (1) through (6).
(Bidder Signature)
STATE OF (Print Vendor Name)
COUNTY OF
The foregoing instrument was acknowledged before me this day of,
20 , by as
(title) of
(name of person whose signature is being notarized) (name of corporation/company), known to me
to be the person described herein, or who produced
as identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature) (Print Name)
My commission expires:
May 2007 City of Miami Beach Page 75
Proiect Manual
00540 SUPPLEMENT TO BID/TENDER FORM -TRENCH SAFETY ACT
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised
excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act,
and will comply with all applicable trench safety standards. Such assurance shall be
legally binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance
with the applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT FACTORS OF
THE PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH
SAFETY ACT.
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE
THIS FORM. SIGN AND SUBMIT IT WITH THEIR BID DOCUMENT.
Name of Bidder
Authorized Signature of Bidder
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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.
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00600 CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and
hereinafter referred to
as CONTRACTOR.
WITNESSET H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1. The Scope of work under this Contract shall be determined by individual Job
Orders issued hereunder. Upon receipt of a Notice to Proceed, the
CONTRACTOR shall furnishes all scope documentation services to support
individual Job Orders, shop drawings, samples, management, documentation,
materials, supplies, parts (to included system components), transportation, plant,
supervision, labor and equipment needed to perform the work at designated
CITY properties.
ARTICLE 2
CONTRACT TIME
2.1. CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the CITY'S Procurement Director and a
Notice to Proceed issued by the Contract Administrator. The term of the 12
month contract shall commence on the date of the Contract, The maximum
contract time is no more than 5 years or when the maximum value of the contract
is reached.
2.1.1. Once the Contract is in place, 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.
2.2. Time is of the essence throughout this Contract. Job Orders shall be
substantially completed within the specified calendar days listed on each
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individual Notice to Proceed, and completed and ready for final payment in
accordance with Article 5 within the time specified on each individual Notice to
Proceed.
2.3. Liquidated Damages (LDs) may be applied to individual Job Orders at the
discretion of the City. The 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 streetscape or utility projects 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 LDs relative to a streetscape / 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.
Loss of use of facilities, such as loss of parking revenue, sidewalk cafe
fees, etc.
The cost realized by the City for extended project milestone completion 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 estimated that the 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/utility projects would be $1,300 per day.
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
May 2007 City of Miami Beach Page 79
Proiect Manual
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 responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by the CITY and or Program Manager
in administering the construction of the Project beyond the completion date
specified in each Job Order RFP, plus approved time extensions. The CITY'S
and or Program construction administration costs shall be pursuant to the
contract between CITY and Program Manager, a copy of which is available upon
request of the Contract Administrator. All such costs shall be deducted from the
monies due CONTRACTOR for performance of Work under this Contract by
means of unilateral credit change orders issued by CITY as costs are incurred by
Program Manager and agreed to by CITY.
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 Contract Term Value that may be ordered under
contract ITB No. 35-06/07 VERTICAL CITYWIDE is Two million dollars
($2,000,000.00) per term. The Maximum Contract Total Value that may be
ordered under contract ITB No. 35-06/07 VERTICAL CITYWIDE is Ten million
dollars ($10,000,000.00). . The Maximum Contract Term Value that may be
ordered under contract ITB No. 36-06/07 HORIZONTAL ROW is Two million
dollars ($2,000,000.00) per term. The Maximum Contract Total Value that may
be ordered under contract ITB No. 36-06/07 HORIZONTAL ROW is
Ten million dollars ($10,000,000.00).
3.2. Payment shall be at the lump sum price stated in the Notice to Proceed for each
Job Order. This price shall be full compensation for all costs, including overhead
and profit, associated with completion of all the work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents using the
following adjustment factors:
3.2.1. Normal Working Hours Construction: Contractor shall perform any or all
functions called for in the Contract Documents and the individual project
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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:
3.2.2. Other Than Normal Working Hours Construction: Contractor shall
perform any or all functions called for in the Contract Documents and the
individual project Detailed Scope of Work, scheduled during normal
working hours in the quantities specified in individual Job Orders against
this contract for the unit price sum specified in the Construction Task
Catalog° (CTC) multiplied times the adjustment factor of:
3.2.3. Non Prepriced Work Tasks: Contractor shall perform any or all functions
called for in the Contract Documents and the individual project Detailed
Scope of Work, that are Non Prepriced Tasks multiplied times the
adjustment factor of:
ARTICLE 4
PROGRESS PAYMENTS
4.1. For Job Orders of duration of 30 days or less, the City will make only one final
payment. For Job Orders of duration of more than 30 days the contractor may
make Application for Payment for work completed during the Project at intervals
of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount
due, together with such supporting evidence as may be required by CITY.
Contractor shall include, but same shall be limited to, at City's discretion, with
each Application for Payment, an updated progress schedule acceptable to CITY
May 2007 City of Miami Beach Page 81
Proiect Manual
as required by the Contract Documents and a release of liens and consent of
surety relative to the work which is the subject of the Application. Each
Application for Payment shall be submitted in triplicate to CITY for approval.
CITY shall make payment to contractor within thirty (30) days after approval by
CITY of contractor's Application for Payment and submission of an acceptable
updated progress schedule.
4.2. Ten percent (10%) of all monies earned by contractor shall be retained by CITY
until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CITY and CONTRACTOR shall have no entitlement to a
reduction. Any interest earned on retainage shall accrue to the benefit of CITY.
All requests for retainage reduction shall be in writing in a separate stand alone
document.
4.3. CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1. Defective work not remedied.
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.
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ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1. Upon receipt of written notice from contractor that the Job Order is ready for final
inspection and acceptance, CITY and or Program Manager shall, within ten (10)
calendar days, make an inspection thereof. If the CITY and or Program Manager
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CITY and or Program Manager, over its
signature, stating that the requirements of the Contract Documents have been
performed and the Work is ready for acceptance under the terms and conditions
thereof.
5.2. Before issuance of the Final Certificate for Payment, contractor shall deliver to
the CITY a complete release of all liens arising out of this Contract, receipts in full
in lieu thereof; an affidavit certifying that all suppliers and subcontractors have
been paid in full and that all other indebtedness connected with the Work has
been paid, and a consent of the surety to final payment; the final corrected as -
built drawings; and invoice.
5.3. If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of contractor, and the CITY so certifies, CITY
shall, upon certificate of the CITY, and without terminating the Contract, make
payment of the balance due for that portion of the Work fully completed and
accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
5.4. Final payment shall be made only after the CITY Manager or his designee has
reviewed a written evaluation of the performance of contractor prepared by the
Contract Administrator, and approved the final payment. The acceptance of final
payment shall constitute a waiver of all claims by contractor, except those
previously made in strict accordance with the provisions of the General
Conditions and identified by contractor as unsettled at the time of the application
for final payment.
May 2007 City of Miami Beach Page 83
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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 any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3. Public Entity Crimes:
6.3.1. In accordance with the Public Crimes Act, Section 287.133, Florida
Statutes, a person or affiliate who is a contractor, consultant or other
provider, who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to the CITY, may not submit a bid on a
contract with the CITY for the construction or repair of a public building
or public work, may not submit bids on leases of real property to the
CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for category two
purchases for a period of 36 months from the date of being placed on
the convicted vendor list. Violation of this section by Contractor shall
result in cancellation of the CITY purchase and may result in Contractor
debarment.
6.4. Independent Contractor:
6.4.1. Contractor is an independent contractor under this Contract. Services
provided by Contractor pursuant to this Contract shall be subject to the
supervision of Contractor. In providing such services, neither Contractor
nor its agents shall act as officers, employees, or agents of the CITY.
This Contract shall not constitute or make the parties a partnership or
joint venture.
6.5. Third Party Beneficiaries:
6.5.1. Neither Contractor nor CITY intends to directly or substantially benefit a
third party by this Contract. Therefore, the parties agree that there are
no third party beneficiaries to this Contract and that no third party shall
be entitled to assert a claim against either of them based upon this
Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this
Contract.
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6.6. Notices:
6.6.1. Whenever either party desires to give notice to the other, such notice
must be in writing, sent by certified United States Mail, postage prepaid,
return receipt requested, or by hand -delivery with a request for a written
receipt of acknowledgment of delivery, addressed to the party for whom
it is intended at the place last specified. The place for giving notice shall
remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate
the following:
For City:
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
6.7. Assignment and Performance:
6.7.1. Neither this Contract nor any interest herein shall be assigned,
transferred, or encumbered by either party. In addition, Contractor shall
not subcontract any portion of the work required by this Contract except
as authorized by Section 28 of the General Conditions. Contractor
represents that all persons delivering the services required by this
Contract have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently
perform the duties, obligations, and services set forth in the Scope of
Work and to provide and perform such services to City's satisfaction for
the agreed compensation.
6.7.2. Contractor shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of Contractor's
May 2007 City of Miami Beach Page 85
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performance and all interim and final product(s) provided to or on behalf
of City shall be comparable to the best local and national standards.
6.8 Materiality and Waiver of Breach:
6.8.1. City and Contractor agree that each requirement, duty, and obligation
set forth in these Contract Documents is substantial and important to the
formation of this Contract and, therefore, is a material term hereof.
6.8.2. City's failure to enforce any provision of this Contract shall not be
deemed a waiver of such provision or modification of this Contract. A
waiver of any breach of a provision of this Contract shall not be deemed
a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Contract.
6.9. Severance:
6.9.1. In the event a portion of this Contract is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be
made within seven (7) days after the finding by the court becomes final.
6.10. Applicable Law and Venue:
6.10.1. This Contract shall be enforceable in Miami -Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement
of any or all of the terms or conditions herein exclusive venue for the
enforcement of same shall lie in Miami -Dade County, 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.
6.11. Amendments:
6.11.1. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Contract
and executed by the Board and Contractor.
6.12. Prior Agreements:
6.12.1. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
applicable to the matters contained herein and the parties agree that
there are no commitments, agreements or understandings concerning
the subject matter of this Contract that are not contained in this
document. Accordingly, the parties agree that no deviation from the
Page 86 City of Miami Beach May 2007
Project Manual
terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless set forth in writing in
accordance with Section 6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
ATTEST: THE CITY OF MIAMI BEACH
Robert Parcher, City Clerk David Dermer, Mayor
May 2007 City of Miami Beach Page 87
Proiect Manual
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NON -CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
(Secretary)
Corporate Seal)
[If not incorporated sign below.]
WITNESSES:
CONTRACTOR
Name of Corporation)
By
(Signature and Title)
(Type Name/Title Signed Above)
CONTRACTOR
By
day of , 20
(Name)
(Signature)
(Type Name Signed Above)
day of , 20
CITY REQUIRES FIVE (5) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.
Page 88 City of Miami Beach May 2007
Project Manual
00708 FORM CERTIFICATE OF INSURANCE
INSURANCE CHECK LIST
XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the
State of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability
$1.000.000.00 per occurrence for bodily injury property damage to include
Premises/Operations; Products, Completed Operations and Contractual
Liability. Contractual Liability and Contractual Indemnity (Hold harmless
endorsement exactly as written in "insurance requirements" of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence — owned/non-owned/hired
automobiles included.
4. Excess Liability - $ .00 per occurrence to follow the primary
coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and
it must be stated on the certificate.
XXX 6. Other Insurance as indicated:
Builders Risk completed value $ .00
Liquor Liability $ .00
Fire Legal Liability $ .00
Protection and Indemnity $ .00
Employee Dishonesty Bond $ .00
Professional Liability $ .00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence
of this insurance may be required within five (5) days after Bid opening.
Contractor Signature of Contractor
May 2007 City of Miami Beach Page 89
Proiect Manual
00710 FORM OF PERFORMANCE BOND
BY THIS BOND, We , as
Principal, hereinafter called CONTRACTOR, and as
Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called
CITY, in the amount of an initial One Million Dollars ($1,000,000) for VERTICAL
CITYWIDE and an initial One Million Dollars ($1,000,000.00) HORIZONTAL ROW for
the payment whereof CONTRACTOR and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract, ITB
No.: , awarded the day of , 20
with CITY which Contract Documents are by reference incorporated herein and made a
part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of Job
Order Contract ITB the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the
Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
Page 90 City of Miami Beach May 2007
Project Manual
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, Tess
the amount properly paid by CITY to CONTRACTOR.
4. No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
5. The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this
day of , 20
May 2007 City of Miami Beach Page 91
Project Manual
WITNESSES:
Name of Corporation)
By
(Secretary) (Signature and Title)
(CORPORATE SEAL)
(Type Name/Title Signed Above)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY
By
Agent and Attorney -in -Fact
(Address: Street)
(City/State/Zip)
Telephone No.:
Page 92 City of Miami Beach May 2007
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00720 FORM OF PAYMENT BOND
BY THIS BOND, We as
Principal, hereinafter called CONTRACTOR, and as
Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called
CITY, in the amount of an initial One Million Dollars ($1,000,000) for VERTICAL
CITYWIDE Contract and an initial One Million Dollars ($1,000,000) for HORIZONTAL
ROW Contracts for the payment whereof CONTRACTOR and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of , 20 ,
with CITY which Contract Documents are by reference incorporated herein and made a
part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
May 2007 City of Miami Beach Page 93
Proiect Manual
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this
WITNESSES:
day of , 20
Name of Corporation)
By
(Secretary) (Signature and Title)
(CORPORATE SEAL)
(Type Name/Title Signed Above)
IN THE PRESENCE OF: INSURANCE COMPANY
By
Agent and Attorney -in -Fact
(Address: Street)
(City/State/Zip)
Telephone No.:
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00721 CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that , who
signed the Bond(s) on behalf of the Principal, was then of said corporation; that
I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s)
was (were) duly signed, sealed and attested to on behalf of said corporation by authority
of its governing body.
(Seal) as Secretary of
(Name of Corporation)
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
(SEAL)
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this
My commission expires:
day of , 20
Notary Public, State of
Florida at Large
Bonded
by
May 2007 City of Miami Beach Page 95
Proiect Manual
00735 PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention Center Drive in United States Funds
Miami Beach, Florida 33139
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order of and
(branch address)
for the account of
(contractor, applicant, customer)
agreed upon by and between the City of Miami Beach, Florida and
up to an aggregate
(contractor),
amount, in United States Funds, of
sight, accompanied by:
available by your drafts at
A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part,
(contractor, applicant, customer) pursuant to
the (applicant, customer) Bid/Contract No. for (name of
project) and Section 255.05, Florida Statutes.
Page 96 City of Miami Beach May 2007
Drafts must be drawn and negotiated not later than
Project Manual
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No ,
(number)
of dated 200 .
(Bank name)
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the City that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
May 2007 City of Miami Beach Page 97
Project Manual
00800 GENERAL CONDITIONS
1. Project Manual:
1.1. Order of Precedence of the Component Parts of the Contract
Documents:
1.2. In the event of a conflict between different parts of the Contract
Documents, the order of precedence of the component parts of the
Contract Documents shall be as follows:
A. Project Manual, Volume 1
B. Addenda, if any
C. The Job Order
D. Detailed Scope of Work, RFP, Plans and Drawings, if any
E. Construction Task Catalog®, Volume 11
F. Standard Specification of the City, State or Federal
Government, if any
G. Technical Specification, Volume 111
H. Proposal and Acceptance Forms
I. Invitation to Bid
J. Bonds
K. Insurance
1.3. The Project Manual includes General and JOC Supplemental
Conditions.
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 Program Manager
authorized representatives. Additional copies of the Project Manual may
be obtained from City at the cost of reproduction.
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Project Manual
2. Intention of City:
2.1. It is the intent of City to describe in the Contract Documents a
functionally complete Job Order Contracting procurement system (or
part thereof) to be performed 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 the Contract Administrator, will be held to discuss the
schedule, Shop Drawings other submittals, safety, site access and other
issues as required to establish a clear understanding of the construction
operations.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor shall
furnish a Performance Bond and a Payment Bond containing all the provisions of
the Performance Bond and Payment Bond attached hereto as forms 00710 and
00720.
4.1. Each Bond shall be in the amount of an initial One million
($1,000,000.00) dollars for VERTICAL CITYWIDE and an initial One
million ($1,000,000.00) dollars for HORIZONTAL ROW guaranteeing to
CITY the completion and performance of the work covered in such
Contract as well as full payment of all suppliers, laborers, or
subcontractors employed pursuant to this Project. Each Bond shall be
with a surety company which is qualified pursuant to Article 5.
May 2007 City of Miami Beach Page 99
Proiect Manual
4.2. Each Bond shall continue in effect for one year after Final Completion
and acceptance of the work with liability equal to one hundred percent
(100%) of the Contract sum, or an additional bond shall be conditioned
that Contractor will, upon notification by City, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract. If the option terms are exercised the
Contractor shall furnish additional performance and payment bonds for
the same value of the initial Bonds. If an individual Job Order is issued
over the initial payment and performance amount, the City will request
from the Contractor an additional payment and performance bond.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes,
as may be amended from time to time, Contractor shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami -Dade County and provide City with evidence of such recording.
4.4. Alternate Form of Security: In lieu of a Performance Bond and a
Payment Bond, CONTRACTOR may furnish alternate forms of security
which may be in the form of cash, money order, certified check, cashier's
check or unconditional letter of credit in the form attached hereto as
Form 00735. Such alternate forms of security shall be subject to the
prior approval of CITY and for same purpose and shall be subject to the
same conditions as those applicable above and shall be held by CITY for
one year after completion and acceptance of the Work.
5. Qualification of Surety:
5.1. Performance Bonds and Payment Bonds over One Million Dollars
($1,000,000.00):
5.1.1. Each bond must be executed by a surety company of
recognized standing, authorized to do business in the State of
Florida as surety, having a resident agent in the State of
Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority
as acceptable surety on federal bonds in accordance with
United States Department of Treasury Circular 570, Current
Revisions. If the amount of the Bond exceeds the
underwriting limitation set forth in the circular, in order to
qualify, the net retention of the surety company shall not
exceed the underwriting limitation in the circular, and the
excess risks must be protected by coinsurance, 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
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with evidence satisfactory to CITY, that such excess risk has
been protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a
rating of B+ or better for bonds up to $2 million, provided,
however, that if any surety company appears on the watch list
that is published quarterly by Intercom of the Office of the
Florida Insurance Commissioner, the CITY shall review and
either accept or reject the surety company based on the
financial information available to the CITY. A surety company
that is rejected by the CITY may be substituted by the Bidder
or proposer with a surety company acceptable to the CITY,
only if the bid amount does not increase. The following sets
forth, in general, the acceptable parameters for bonds:
Policy- Financial
holder's Size
Amount of Bond Ratings Cateaory
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
6. Indemnification:
6.1. CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorneys fees, to the
extent caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought 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.
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6.2. The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Requirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage's set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees
in compliance with the "Workers' Compensation Law" of the
State of Florida and all applicable federal laws. In addition,
the policy(ies) must include:
7.1.1.1. Employers' Liability with a limit of $500,000 each
accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the
U.S. Longshoremen & Harbor Workers Act and Jones
Act.
7.1.2. Comprehensive General Liability with minimum limits of
$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:
7.1.2.1. 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 at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
7.1.2.4. Explosion, Collapse and Underground Coverages.
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7.1.2.5. Broad Form Property Damage.
7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits
of coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of
operations performed for CITY by or on behalf of
CONTRACTOR or acts or omissions of
CONTRACTOR in connection with general
supervision of such operation.
7.1.3. Business Automobile Liability with minimum limits of One
Million ($1,000,000) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance
Services Office and must include:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non -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.
7.3. Notice of Cancellation and/or Restriction --The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the CITY's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
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7.5. The official title of the Owner is the CITY of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
7.6. Additional or Replacement Bond: It is further mutually agreed between
the parties hereto that if, at any time, the CITY shall deem the surety or
sureties upon any bond to be unsatisfactory, or if, for any reason, such
bond (because of increases in the work or otherwise) ceases to be
adequate, the Contractor shall, at its expense within five (5) days after
the receipt of notice from the CITY to do so, furnish an additional or
replacement bond or bonds in such form, amount, and with such surety
or sureties as shall be satisfactory to the CITY. There shall be no lapse
in surety coverage and failure to do so shall be a material breach of this
Contract. In such event, no further payments to the Contractor shall be
deemed to be due under this Contract until such new or additional
security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Board.
7.7. Professional Liability Insurance: If the scope of work of this contract, as
determined by individual Job Orders, includes professional services
which require permittable signed and sealed scope 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.
8. 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 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. "Or Equal" Clause
9.1. Whenever a material, article or piece of equipment is identified in the
Contract Documents including plans and specification by reference to
manufacturers' or vendors' names, trade names, catalog numbers, or
otherwise, City, through Consultant, will have made its best effort to
name at least three (3) such references. Any such references is intended
merely to establish standard; and, unless it is followed by the words "no
substitution is permitted" because of form, fit, function and quality, any
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material, article, or equipment of other manufactures and vendors which
will perform or serve the requirements of the general design will be
considered equally acceptable provided the materials, article or
equipment so proposed is, in the sole opinion of Consultant, equal in
substance, quality and function. Any request for substitution must be
made to the City for approval.
10. Royalties and Patents:
10.1. All fees, royalties, and claims for any invention, or pretended inventions,
or patent of any article, material, arrangement, appliance, or method that
may be used upon or in any manner be connected with the construction
of the Work or appurtenances, are hereby included in the prices
stipulated in this Contract for said work.
11. Weather:
11.1. Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for a change in the
Contract Time pursuant to Article 40. 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:
11.1.1. CONTRACTOR being unable to work at least fifty percent
(50%) of the normal work day on controlling items of work
identified on the accepted schedule or updates due to adverse
weather conditions; or
11.1.2. 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.
12. Permits, Licenses and Impact Fees:
12.1. Except as otherwise provided within the Project Manual, 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. Building, Public Works, Zoning, Derm, Permits or
any associated fees to be filed or required shall be reimbursed by the
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CITY for the cost of the Permit/Fee only as a Reimbursable Task, task
01204-1001 at an Adjustment Factor of 1.000 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.
12.2. Impact fees levied by the CITY and/or Miami -Dade County shall be paid
by CONTRACTOR. CONTRACTOR shall be reimbursed only for the
actual amount of the impact fee levied by the municipality as evidenced
by an invoice or other acceptable documentation issued by the
municipality and submitted to CITY as Reimbursable Task, task 01204-
1001 at an Adjustment Factor of 1.000 with no marked -ups.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
13. Resolution of Disputes:
13.1. To prevent all disputes and litigation, it is agreed by the parties hereto
that the CITY shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical
interpretation of the Contract Documents and fulfillment of this Contract
as to the character, quality, amount and value of any work done and
materials furnished, or proposed to be done or furnished under or, by
reason of, the Contract Documents and CITY's estimates and decisions
upon all claims, questions, difficulties and disputes shall be final and
binding to the extent provided in Section 13.2. Any claim, question,
difficulty or dispute which cannot be resolved by mutual agreement of
CITY and CONTRACTOR shall be submitted to Contract Administrator
in writing within twenty-one (21) calendar days. Unless a different period
of time is set forth herein, Contract Administrator shall notify CITY and
CONTRACTOR in writing of his decision within twenty-one (21) calendar
days from the date of the submission of the claim, question, difficulty or
dispute, unless Contract Administrator requires additional time to gather
information or allow the parties to provide additional information. All
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.
13.2. In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
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determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of
the objection and must be accompanied by a statement that any
Contract Price adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the
determination. Within sixty (60) days after Final Completion of the Work,
the parties shall participate in mediation to address all objections to any
determinations hereunder and to attempt to prevent litigation. The
mediator shall be mutually agreed upon by the parties. Should any
objection not be resolved in mediation, the parties retain all their legal
rights and remedies provided under State law. A party objecting to a
determination specifically waives all of its rights provided hereunder,
including its rights and remedies under State law, if said party fails to
comply in strict accordance with the requirements of this Article.
14. Inspection of Work:
14.1. CITY and or Program Manager shall at all times have access to the
Work, and CONTRACTOR shall provide proper facilities for such access
and for inspecting, measuring and testing.
14.1.1. Should the Contract Documents, CITY and or Program
Manager instructions, any laws, ordinances, or any public
authority require any of the Work to be specially tested or
approved, CONTRACTOR shall give CITY and or Program
Manager timely notice of readiness of the Work for testing. If
the testing or approval is to be made by an authority other
than CITY, timely notice shall be given of the date fixed for
such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CITY and or
Program Manager, it must, if required by CITY and or Program
Manager, be uncovered for examination and properly restored
at Contractor's expense.
14.1.2. Re-examination of any of the Work may be ordered by the
CITY and or Program Manager with prior written approval by
the Contract Administrator, and if so ordered, the Work must
be uncovered by CONTRACTOR. If such Work is found to be
in accordance with the Contract Documents, CITY shall pay
the cost of reexamination and replacement by means of a
Supplemental Job Order. If such Work is not in accordance
with the Contract Documents, CONTRACTOR shall pay such
cost.
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14.2. Inspectors shall have no authority to permit deviations from, or to relax
any of the provisions of, the Contract Documents or 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.
14.3. The payment of any compensation, whatever may be its character or
form, or the giving of any gratuity or the granting of any favor by
CONTRACTOR to any inspector, directly or indirectly, is strictly
prohibited, and any such act on the part of CONTRACTOR will constitute
a breach of this Contract.
15. Superintendence and Supervision:
15.1. The orders of CITY may be given through Program Manager, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to the CITY and or Program Manager for each
Job Order issued. The superintendent shall not be changed except with
the written consent of the CITY and or Program Manager, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and
ceases to be in its employ. The superintendent shall represent
CONTRACTOR and all directions given to the superintendent shall be as
binding as if given to CONTRACTOR and will be confirmed in writing by
the CITY and or Program Manager upon the written request of
CONTRACTOR. CONTRACTOR shall give efficient supervision to the
Work, using its best skill and attention. The CONTRACTOR shall keep
on the Work the Superintendent at all times during the working hours.
The Superintendent shall be reachable 24 hours a day, seven days a
week. If the Superintendent is not available because of illness or
vacation or the like, the CONTRACTOR shall notify the CITY of the
substitute Superintendent.
15.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed;
materials, labor, personnel, equipment and subcontractors at the Project
site; visitors to the Project site, including representatives of, CITY and or
Program Manager, regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of
work for the day. All information shall be recorded in the daily log in ink.
The daily log shall be kept on the Project site and shall be available at all
times for inspection and copying by CITY and Program Manager.
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15.3. 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.
15.4. 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.
15.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
16. CITY's Right to Terminate Contract:
16.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar
days after the Project Initiation Date, or fails to perform the Work with
sufficient workers and equipment or with sufficient materials to insure the
prompt completion of the Work, or shall perform the Work unsuitably, or
cause it to be rejected as defective and unsuitable, or shall discontinue
the prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or
shall make an assignment for the benefit of creditors, or from any other
cause whatsoever shall not carry on the Work in an acceptable manner,
Contract Administrator may give notice in writing to CONTRACTOR and
its Surety of such delay, neglect or default, specifying the same. If
CONTRACTOR, within a period of five (5) calendar days after such
notice, shall not proceed in accordance therewith, then CITY may upon
written certificate from Program Manager of the fact of such delay,
neglect or default and CONTRACTOR's failure to comply with such
notice, terminate the services of CONTRACTOR, exclude
CONTRACTOR from the Project site and take the prosecution of the
Work out of the hands of CONTRACTOR, and appropriate or use any or
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all materials and equipment on the Project site as may be suitable and
acceptable. In such case, CONTRACTOR shall not be entitled to
receive any further payment until the Project is completed. In addition
CITY may enter into an agreement for the completion of the Project
according to the terms and provisions of the Contract Documents, or use
such other methods as in CITY's sole opinion shall be required for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole
opinion shall be required for the completion of the Project in an
acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
16.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as
if the notice of termination had been issued pursuant to the Termination
for Convenience clause as set forth in Section 16.3 below.
16.3. This Contract in whole or any part of the Job Order may be terminated
for convenience in writing by CITY upon ten (10) days written notice to
CONTRACTOR (delivered by certified mail, return receipt requested) of
intent to terminate and the date on which such termination becomes
effective. In such case, CONTRACTOR shall be paid for all work
executed and expenses incurred prior to termination in addition to
termination settlement costs reasonably incurred by CONTRACTOR
relating to commitments which had become firm prior to the termination.
Payment shall include reasonable profit for work/services satisfactorily
performed. No payment shall be made for profit for work/services which
have not been performed.
16.4. Upon receipt of Notice of Termination pursuant to Sections 16.1 or 16.3
above, CONTRACTOR shall promptly discontinue all affected work
unless the Notice of Termination directs otherwise and deliver or
otherwise make available to CITY all data, drawings, specifications,
reports, estimates, summaries and such other information as may have
been required by the Contract Documents whether completed or in
process.
17. CONTRACTOR's Right to Stop Work or Terminate Contract:
17.1. 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
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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 or any part of the Job Order
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 13 hereof.
18. Assignment:
18.1. 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.
19. Rights of Various Interests:
19.1. 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.
20. Differing Site Conditions:
20.1. In the event that during the course of the Work CONTRACTOR
encounters subsurface or concealed conditions at the Project site which
differ materially from those shown on the Contract Documents and or the
Detailed Scope of Work and from those ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site,
of an unusual nature, which differ materially from that ordinarily
encountered and generally recognized as inherent in work of the
character called for in the Contract Documents, CONTRACTOR, without
disturbing the conditions and before performing any work affected by
such conditions, shall, within twenty-four (24) hours of their discovery,
notify CITY and or Program Manager in writing of the existence of the
aforesaid conditions. CITY and or Program Manager shall, within two (2)
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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 Job Order Price Proposal by initiating a
Supplemental 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 Job Order Price
Proposal or Contract Time, the adjustment shall be referred to the
Contract Administrator for determination in accordance with the
provisions of Article 13. 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.
20.2. 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. 20.1. No request for an equitable adjustment or change to the
Job Order Price Proposal or Job Order Completion 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.
21. Plans and Working Drawings:
21.1. CITY and or Program Manager shall have the right to modify the details
of the plans and specifications, to supplement the plans and
specifications with additional plans, drawings or additional information as
the Work proceeds, all of which shall be considered as part of the
Detailed Scope of Work. In case of disagreement between the written
and graphic portions of the Detailed Scope of Work, the written portion
shall govern. If any of these modifications affect the Total Job Order
Amount a Supplemental Job Order will be issued by the CITY and or
Program Manager.
22. CONTRACTOR to Check Plans, Specifications and Data:
22.1. 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
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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 plans or specifications unless CONTRACTOR
recognized such error, omission or discrepancy and knowingly failed to
report it to the CITY and or Program Manager.
23. CONTRACTOR's Responsibility for Damages and Accidents:
23.1. 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 30.
23.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without
cost to CITY, except as provided in Article 30.
24. Warranty:
24.1. CONTRACTOR warrants to CITY that all materials and equipment
furnished under this Contract will be new unless otherwise specified and
that all of the Work will be of good quality, free from faults and defects
and in conformance with the Contract Documents. All work not
conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. If required by
CITY and or Program Manager, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and
equipment.
24.2. All work furnished under this Contract shall be guaranteed against
defective materials and workmanship, improper performance and
noncompliance with the Contract Documents for a period of one year
after final completion and acceptance of the Job Order, except as
otherwise specifically specified in other parts of the Contract Documents,
or within such longer period of time as may be prescribed by law or
provided by the manufacturer.
24.3. The Guarantee shall include the name of the project as designated in the
Job Order, be signed by an officer of the company having authority to
provide the warranty, and state: "This document serves as a one (1)
year written guarantee for the work performed, and material and
equipment installed on the above referenced Job Order. This guarantee
incorporates all provisions of the Contract Documents that refer or relate
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to the guarantee. This guarantee is commenced on the final acceptance
date.
II
24.4. During the guarantee period, the Contractor shall repair and replace at
his own expense, when so ordered by the CITY, all work that may
develop defects whether these defects may be inherent in the equipment
or materials, in the functioning of the piece of equipment, or in the
functioning and operation of pieces of equipment operating together as a
functional unit. Any equipment or material which is repaired or replaced
shall have the guarantee period extended for a period of one year from
the date of the last repair or replacement.
25. Supplementary Drawings:
25.1. When, in the opinion of the CITY and or Program Manager, it becomes
necessary to explain the Work to be done more fully, or to illustrate the
Work further, or to show any changes which may be required,
supplementary drawings, with specifications pertaining thereto, will be
prepared by the CITY, Program Manager or the Contractor may be
requested to prepare drawings to assist in the documentation of the
Detailed Scope Of Work.
25.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Detailed Scope of Work. 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 Supplemental Job Order along with the required
documentation.
26. Defective Work:
26.1. The CITY and or Program Manager shall have the authority to reject or
disapprove work which CITY and or Program Manager finds to be
defective. If required by the CITY and or Program Manager,
CONTRACTOR shall promptly either correct all defective work or
remove such defective work and replace it with non -defective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
26.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by the CITY and or Program Manager shall have the authority to
cause the defective work to be removed or corrected, or make such
repairs as may be necessary at CONTRACTOR's expense. Any
expense incurred by CITY in making such removals, corrections or
repairs, shall be paid for out of any monies due or which may become
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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.
26.3. If, within one (1) year after the date of substantial completion of the Job
Order or such longer period of time as may be prescribed by the terms of
any applicable special warranty required by the Contract Documents, or
by any specific provision of the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified
by CITY without cost to CITY, to do so. Nothing contained herein shall
be construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 24 hereof and any claim
regarding latent defects.
26.4. 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.
27. Taxes:
27.1. 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 listed in the Construction Task
Catalog®.
28. Subcontracts:
28.1. CONTRACTOR shall not employ any subcontractor or Architectural and
Engineering firm against whom CITY and or Program Manager may
have a reasonable objection. CONTRACTOR shall not be required to
employ any subcontractor against whom CONTRACTOR has a
reasonable objection.
28.2. 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 pay or to
see the payment of any monies due any subcontractor. CITY and or
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Program Manager may furnish to any subcontractor evidence of
amounts paid to CONTRACTOR on account of specific work performed.
28.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the
benefit of CITY.
28.4. For Contract ITB 35-06/07 VERTICAL CITYWIDE CONTRACTOR shall
perform the Work with its own organization, amounting to not less 10%
of the Maximum Contract Term Amount. For Contracts ITB 36-06/07
HORIZONTAL ROW, CONTRACTOR shall perform the Work with its
own organization, amounting to not less than 15% of the Maximum
Contract Term Amount. The participation will be an accumulative
participation over the contract.
28.5 Execution of Subcontracts:
28.5.1. The Contractor shall provide with each Job Order a list of
proposed subcontractors and type of work being performed.
This list shall be provided on a form provided by CITY.
28.5.2. The Contractor shall not commit to or finalize subcontracts
with any subcontractors until receipt of approval of each
subcontractor and receipt of a signed 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.
28.5.3. Upon receipt of a signed Job Order, the Contractor shall
immediately enter into each approved subcontract, and
thereafter shall neither terminate any such subcontract nor
reduce the scope of the work to be performed by, or decrease
the price to be paid to the subcontractor thereunder without
prior notification to CITY.
28.5.4. If the CITY rejects any subcontractor 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 Amount
28.6. Procedure for Changing Listed Subcontractors:
A subcontractor may be changed only subsequent to notification to and
approval from the CITY. The notification of change shall state reasons
for the change with a release from the listed subcontractor attached
thereto.
28.7. The Contractor shall give his/her personal attention constantly to the
faithful performance of the works shall keep the same under his/her own
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control, and shall not assign the contract by power of attorney or
otherwise, nor sublet the work or any part thereof, without the previous
written consent of the CITY.
28.8. 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.
28.9. Wherever the word Subcontractor appears, it also means sub -
Subcontractor.
28.10. 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 there
under shall strictly comply with the requirements of the Contract.
28.11. 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.
28.12. The Contractor shall pay all Subcontractors for and on account of Work
performed by such Subcontractors in accordance with the terms of their
respective subcontracts. If and when required by the CITY, the
Contractor shall submit satisfactory evidence that it has made such
payment.
28.13. The CITY's approval of a Subcontractor shall not relieve the Contractor
of any of its responsibilities, duties and liabilities hereunder. The
Contractor shall be solely responsible to the CITY for the acts, omissions
or defaults of its Subcontractor and of such Subcontractor's officers,
agents and employees, each of whom shall, for this purpose, be deemed
to be the agent or employee of the Contractor to the extent of its
subcontract.
28.14. The Contractor shall cause appropriate provision to be inserted in all
subcontracts relative to the work to require compliance by each
subcontractor with the applicable provisions contained in the Contract.
28.15. Nothing contained in the contract documents shall create any contractual
relation between any subcontractor and the CITY.
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28.16. No Subcontractor shall be permitted to perform Work at the Site until it
has furnished satisfactory evidence of insurance as required by the
CITY.
28.17. The Contractor shall promptly, upon request, file with the CITY a
conformed copy of any subcontract.
28.18. Contractor Liable and Responsible To CITY:
28.18.1. The Contractor shall be held liable by CITY for the
performance of all the work provided for under this Contract.
These specifications make no attempt to fix the scope of the
work of the subcontractors or the responsibility of any such
subcontractors, it being understood that the Contractor shall
fix the scope of all work and responsibilities of the
subcontractors.
28.18.2. 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.
28.18.3. Any disputes which may arise in this connection between the
Contractor and any subcontractor must be settled between the
parties concerned. CITY will not undertake or be in any way
responsible for the settlement of such disputes.
29. Separate Contracts:
29.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable
opportunity for the introduction and storage of their materials and the
execution of their work and shall properly connect and coordinate this
Work with theirs.
29.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall
inspect and promptly report to the CITY and or Program Manager any
defects in such work that render it unsuitable for such proper execution
and results. CONTRACTOR's failure to so inspect and report shall
constitute an acceptance of the other person's work as fit and proper for
the reception of CONTRACTOR's Work, except as to defects which may
develop in other contractor's work after the execution of
CONTRACTOR's.
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29.3. 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.
29.4. To insure the proper execution of subsequent work, CONTRACTOR
shall inspect the work already in place and shall at once report to the
CITY and or Program Manager any discrepancy between the executed
work and the requirements of the Contract Documents.
30. Use of Completed Portions:
30.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Job Order. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If
such possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by Program
Manager and or CITY.
30.2. In the event CITY takes possession of any completed or partially
completed portions of the Job Order, the following shall occur:
30.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
30.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from the CITY and or Program
Manager.
30.2.3. Upon CITY's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of
warranty for the occupied area.
30.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by the CITY and or Program Manager on the Certificate of
Substantial Completion, as soon as possible and request final
inspection and final acceptance of the portion of the Work
occupied. Upon completion of final inspection and receipt of
an application for final payment, the CITY and or Program
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Manager shall issue a Final Certificate of Payment relative to
the occupied area.
30.2.5. If CITY finds it necessary to occupy or use a portion or
portions of the Work prior to Substantial Completion thereof,
such occupancy or use shall not commence prior to a time
mutually agreed upon by CITY and CONTRACTOR and to
which the insurance company or companies providing the
property insurance have consented by endorsement to the
policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account
of such partial occupancy or use. Consent of CONTRACTOR
and of the insurance company or companies to such
occupancy or use shall not be unreasonably withheld.
31. Lands for Work:
31.1. CITY shall provide, as may be indicated in the Detailed Scope of Work,
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.
31.2. CONTRACTOR shall provide, at CONTRACTOR'S own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such
facilities.
32. Legal Restrictions and Traffic Provisions:
32.1. 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.
33 Location and Damage to Existing Facilities, Equipment or Utilities:
33.1. Every effort should be made to ensure that all existing utility lines in the
Project area are identified on plans or in the Detailed Scope of Work for
individual Job Orders. However, CITY does not guarantee that all lines
are shown, or that the ones indicated are in their true location. It shall be
the CONTRACTOR'S responsibility to identify and locate all
underground and overhead utility lines or equipment affecting or affected
by the Project. No additional payment will be made to the
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CONTRACTOR because of discrepancies in actual and plan location of
utilities, and damages suffered as a result thereof. If the City requires the
Contractor to identify and document the underground utilities as part the
Detailed Scope of Work, then the City shall reimburse the Contractor for
the stamped and sealed drawings as a Non-Prepriced Work Task.
33.2. The CONTRACTOR shall notify each utility company involved at least
ten (10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by
utility companies for temporary support of its utilities shall be paid for by
the CONTRACTOR. All costs of permanent utility relocation to avoid
conflict shall be the responsibility of the utility company involved. No
additional payment will be made to the CONTRACTOR for utility
relocations, whether or not said relocation is necessary to avoid conflict
with other lines.
33.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and
all public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
33.4. All overhead, surface or underground structures and utilities
encountered are to be carefully protected from injury or displacement.
All damage to such structures is to be completely repaired within a
reasonable time; needless delay will not be tolerated. The CITY
reserves the right to remedy such damage by ordering outside parties to
make such repairs at the expense of the CONTRACTOR. All such
repairs made by the CONTRACTOR are to be made to the satisfaction
of the utility owner. All damaged utilities must be replaced or fully
repaired. All repairs are to be inspected by the utility owner prior to
backfilling.
34. Value Engineering:
34.1 CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Job Order Price Proposal 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
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initiated without the CITY's and or Program Manager's prior written
acceptance which will be evidenced by either a Supplemental Job Order
or an approved Shop Drawing. However, any substitution accepted by
the CITY and or Program Manager shall not result in any increase in the
Contract Price or Contract Time. Any substitution submitted by
CONTRACTOR must meet the form, fit, function and life cycle criteria of
the item proposed to be replaced and there must be a net dollar savings
including the CITY and or Program Manager's review fees and charges.
If a substitution is approved, the net dollar savings shall be processed as
a deductive Supplemental Job 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.
35. Continuing the Work:
35.1. CONTRACTOR shall carry on the Work and adhere to the progress
schedule during all disputes or disagreements with CITY, including
disputes or disagreements concerning a request for a Supplemental Job
Order, or a change in the Job Order Completion Time. The Work shall
not be delayed or postponed pending resolution of any disputes or
disagreements.
36. Changes in the Work or Terms of Contract Documents:
36.1. Without invalidating the Job Order and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any
extra or additional work within the scope of this Project must be
accomplished by means of appropriate Field Orders and Supplemental
Instructions issued through a Supplemental Job Order with the required
Documentation.
36.2. 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
Supplemental Job Order through a Job Order with the required
Documentation executed only by CITY as hereinafter provided.
37. Field Orders and Supplemental Instructions:
37.1. The Contract Administrator, through the CITY and or Program Manager,
shall have the right to approve and issue Field Orders setting forth
written interpretations of the intent of the Contract Documents and
ordering minor changes in Work execution, providing the Field Order
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involves no change in the Job Order Price Proposal or the Job Order
Completion Time.
37.2. The CITY and or Program Manager shall have the right to approve and
issue Supplemental Instructions setting forth written orders, instructions,
or interpretations concerning the Contract Documents or its
performance, provided such Supplemental Instructions involve no
change in the Job Order Price Proposal or the Job Order Contract
Completion Time.
38. Change Orders:
38.1. The CITY without invalidating the Job Order, may order changes in the
Work by altering, adding to or deducting from the Job Order, by issuing
an a Supplemental Job Order. All changes are to be Owner initiated as
a result of: 1) change in the original Detailed Scope of Work or 2) a
hidden conditions not shown in the Detailed Scope of Work. All such
Work shall be executed under the conditions of the original contact.
38.2. No changes shall be made without a written Job Order from the CITY.
No claim for an additional Job Order Amount shall be valid unless so
ordered and authorized by issuance a Job Order.
38.3. Changes will be considered as a Supplemental Job Order and such will
follow the procedures outlined in Article 12 of the Ordering Procedures in
the JOC Supplemental Conditions.
38.4. Changes in the quantity or character of the Work within the Detailed
Scope of Work of the Job Order which are not properly the subject of
Field Orders or Supplemental Instructions, including all changes
resulting in changes in the Price Proposal, or the Job Order Completion
Time, shall be authorized only by Supplemental Job Order, issued with a
Job Order with the required documentation and approved in advance
and issued in accordance with the provisions of the CITY.
38.5. All changes to the Job Order must be approved in advance in
accordance with the value of the Supplemental Job Order or the
calculated value of the time extension.
38.6. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Job Order Price or Job Order Completion
Time, and a Supplemental Job Order has not been issued, CITY
reserves the right at its sole option to either terminate the Job Order or
portions of the Job Order as it applies to the items in question and make
such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to Contract Administrator
as set forth in Article 13 hereof. During the pendency of the dispute, and
upon receipt of a Supplemental Job Order approved by CITY,
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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 Supplemental Job Order for determining
the proposed adjustment in the Job Order Price Proposal or Job Order
Completion Time.
38.7. Under circumstances determined necessary by CITY, a Supplemental
Job Order may be issued unilaterally by CITY.
39. Value of Change Order Work:
39.1. The value of any work covered by a Supplemental Job Order or of any
claim for an increase or decrease in the Job Order Price Proposal
Amount shall be determined as followings:
36.2. All changes or order of extra Work shall be paid for at the Unit Prices set
forth in the Construction Task Catalog° and or as Non Pre -priced Tasks.
Credits for the omission or reduction of Work shall be paid in the same
manner.
39.3. For each change in the Detailed Scope of Work, omission or extra work
ordered by the CITY, the Contractor shall submit a Job Order Price
Proposal to the CITY stating a lump sum amount and shall state the
extent to which the Job Order Completion Time shall thereby be
increased or decreased.
39.4. All Job Order Price Proposals shall be submitted promptly.
40. Notification and Claim for Change of Job Order Completion Time:
40.1. Any claim for a change in the Job Order Completion Time shall be made
by written notice by CONTRACTOR to the Contract Administrator and or
Program Manager within one (1) calendar day of the commencement of
the event giving rise to the claim and stating the general nature and
cause of the claim. The CITY will consider the request for additional
time to complete the Job Order and render its judgement within five (5)
days. If the CITY and CONTRACTOR cannot agree, a determination
shall be determined by Contract Administrator in accordance with Article
13 hereof. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT
ANY AND ALL CLAIMS FOR CHANGES TO THE JOB ORDER
COMPLETION TIME OR JOB ORDER PRICE PROPOSAL AMOUNT
SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE
WITH THE REQUIREMENTS OF THIS SECTION.
40.2. The Job Order Completion Time will be extended in an amount equal to
time lost on critical Work items due to delays beyond the control of and
through no fault or negligence of CONTRACTOR if a claim is made
therefor as provided in Section 40.1. Such delays shall include, but not
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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.
41. No Damages for Delay:
41.1. No claim for damages or any claim, other than for an extension of time,
shall be made or asserted against CITY by reason of any delays except
as provided herein. CONTRACTOR shall not be entitled to an increase
in the Job Order Price Proposal or payment or compensation of any kind
from CITY for direct, indirect, consequential, impact or other costs,
expenses or damages, including but not limited to costs of acceleration
or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; 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 Job Order Completion Time as the
sole and exclusive remedy for such resulting delay, in accordance with
and to the extent specifically provided above.
42. Excusable Delay; Compensable; Non -Compensable:
42.1. Excusable Delay: Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
42.2. CONTRACTOR is entitled to a time extension of the Job Order
Completion Time for each day the Detailed Scope of Work is delayed
due to Excusable Delay. CONTRACTOR shall document its claim for
any time extension as provided in Article 40 hereof.
42.3. Failure of CONTRACTOR to comply with Article 40 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.
42.3. Excusable Delay may be compensable or non -compensable:
42.4.1. Compensable Excusable Delay:
42.4.1.1. Excusable Delay is compensable when (i) the delay
extends the Job Order Completion Time, (ii) is caused
by circumstances beyond the control of the
CONTRACTOR or its subcontractors, suppliers or
vendors, and (iii) is caused solely by fraud, bad faith
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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 Job Order Completion Time.
42.4.1.2. CONTRACTOR shall be entitled to direct and indirect
costs for Compensable Excusable Delay. Direct
costs recoverable by CONTRACTOR shall be limited
to the actual additional costs allowed pursuant to
Article 39 hereof.
42.4.1.3. CITY and CONTRACTOR recognize and agree that
the amount of CONTRACTOR's precise actual
indirect costs for delay in the performance and
completion of the Work is impossible to determine as
of the date of execution of the Contract Documents,
and that proof of the precise amount will be difficult.
Therefore, indirect costs recoverable by the
CONTRACTOR shall be liquidated on a daily basis for
each day the Job Order Completion Time is delayed
due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate
CONTRACTOR for all indirect costs caused by a
Compensable Excusable Delay and shall include but
not be limited to, all profit on indirect costs, home
office overhead, acceleration, Toss of earnings, Toss of
productivity, Toss of bonding capacity, Toss 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.
42.4.2. Non -Compensable Excusable Delay:
41.4.2.1. When Excusable Delay is (i) caused by
circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also
caused by circumstances beyond the control of the
CITY or Program Manager, or (ii) is caused jointly or
concurrently by CONTRACTOR or its subcontractors,
suppliers or vendors and by the CITY or Program
Manager, then CONTRACTOR shall be entitled only
to a time extension and no further compensation for
the delay.
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43. Substantial Completion:
43.1. When CONTRACTOR considers that the Detailed Scope of Work, or a
portion thereof designated by CITY pursuant to Article 30 hereof, has
reached Substantial Completion, CONTRACTOR shall so notify CITY
and or Program Manager in writing. Program Manager and or CITY
shall then promptly inspect the Work. When CITY and or Program
Manager, on the basis of such an inspection, determines that the
Detailed Scope of 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 Job Order 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 Job Order. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of
the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion. The Certificate of Substantial
Completion shall be submitted to CITY through the Contract
Administrator and CONTRACTOR for their written acceptance of the
responsibilities assigned to them in such Certificate.
44. No Interest:
44.1. 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.
45. Shop Drawings and Samples:
45.1. CONTRACTOR shall submit Shop Drawings and or Samples as required
and or as listed in the RFP for individual Job Orders. The purpose of the
Shop Drawings is to show the suitability, efficiency, technique of
manufacture, installation requirements, details of the item and evidence
of its compliance or noncompliance with the Contract Documents.
45.2. Within the time specified on the RFP in calendar days and in the Notice
to Proceed, CONTRACTOR shall submit to CITY and or Program
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Manager a complete list of preliminary data on items for which Shop
Drawings are to be submitted and shall identify the critical items.
Approval of this list by CITY and or Program Manager shall in no way
relieve CONTRACTOR from submitting complete Shop Drawings and
providing materials, equipment, etc., fully in accordance with the
Contract Documents. This procedure is required in order to expedite
final approval of Shop Drawings.
45.3. After the approval of the list of items required in Section 45.2 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.
45.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
45.5. If the Shop Drawings show or indicate departures from the Job Order
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
45.6. CITY and or Program Manager shall review and approve Shop Drawings
within fifteen (15) calendar days from the date received, unless said
Drawings are rejected by CITY and or Program Manager for material
reasons. CITY'S and or Program Manager's approval of Shop Drawings
will be general and shall not relieve CONTRACTOR of responsibility for
the accuracy of such Drawings, nor for the proper fitting and construction
of the work, nor for the furnishing of materials or work required by the
Job Order 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.
45.7. No approval will be given to partial submittals of Shop Drawings for
items which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to CITY
and or Program Manager along with its comments as to compliance,
noncompliance, or features requiring special attention.
45.8. 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.
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45.9. CONTRACTOR shall submit the number of copies required by CITY and
or Program Manager. Re -submissions of Shop Drawings shall be made
in the same quantity until final approval is obtained.
45.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CITY's approval at the job site at all times.
46. Field Layout of the Work and Record Drawings:
46.1. During the construction of a Job Order, the entire responsibility for
establishing and maintaining line and grade in the field lies with
CONTRACTOR. Furthermore the CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all
constructed items such as: pipe lines, conduits, structures, maintenance
access structures, hand holes, fittings and the like. CONTRACTOR shall
deliver these records in good order to CITY and or Program Manager as
the Work is completed. The cost of all such field layout is included in the
task items in the Construction Task Catalog® and recording work is
included in the bid adjustment factors. All record drawings shall be
made on reproducible paper and shall be delivered to CITY and or
Program Manager prior to, and as a condition of, final payment.
46.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Supplemental Job Orders, Field Orders and written
interpretations and clarifications in good order and annotated to show all
changes made during construction. These record documents together
with all approved samples and a counterpart of all approved Shop
Drawings shall be available at all times to CITY and or Program
Manager for reference.
46.3. 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 47. If no drawings were provided by the CITY, the City may
require the Contractor to do so and will be reimbursed by the City as a
Non Prepriced Task, 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.
47. As -Built Drawings:
47.1. 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:
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47.2. Changes and deviations between the Work as shown in the Detailed
Scope of Work and or drawings (if drawings provided by the CITY or
developed by the Contractor) and shop drawings indicating the Work as
actually installed.
47.3. The specific locations of piping, valves duct Work, equipment, and other
such Work which were not located or changed location on the Drawings
and shop drawings.
47.4. Equipment schedules indicating manufacturer's names and model
numbers.
47.5. The As -Built Documents shall be arranged in a logical order, and in
accordance with the various provisions of the Specifications (if any), and
properly indexed. The Contractor shall review them for completeness
prior to submittal to the CITY. At the completion of the Work, the
Contractor and each Subcontractor shall certify by endorsement thereof
that each of the revised sepia mylar of the Drawings and copy of
Specifications and shop drawings is complete and accurate.
48. Safety and Protection:
48.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
48.1.1. All employees on the work site and other persons who may be
affected thereby;
48.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
48.1.3. 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.
48.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the
safety of persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for such
safety and protection. CONTRACTOR shall notify owners of adjacent
property and utilities when prosecution of the work may affect them. All
damage, injury or loss to any property referred to in Article 33 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
Page 130 City of Miami Beach May 2007
Project Manual
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 30 hereof.
48.3. CONTRACTOR shall designate a responsible member of its
organization at the Work site whose duty shall be the prevention of
accidents. This person shall be CONTRACTOR's superintendent unless
otherwise designated in writing by CONTRACTOR to CITY.
49. Payment by CITY for Tests:
49.1. Except when otherwise specified in the Detailed Scope of Work and or
RFP, the expense of all tests requested by CITY and or Program
Manager shall be borne by CITY and performed by a testing firm chosen
by CITY and or Program Manager. For road construction projects the
procedure for making tests required by CITY and or Program Manager
will be in conformance with the most recent edition of the State of
Florida, Department of Transportation Standard Specifications for Road
and Bridge Construction. The cost of any required test which
CONTRACTOR fails shall be paid for by CONTRACTOR. Any testing
the CITY and or Program Manager request the Contractor to perform will
be identified in the Detailed Scope of Work and the cost submitted in the
Contractor's Job Order Price Proposal.
50. Project Sign:
50.1. Any requirements for a project sign shall be as set forth in the Detailed
Scope of Work and or Technical Specifications for the Job Order.
51. Hurricane Precautions:
51.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY and or Program Manager has
given notice of same.
51.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
51.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Supplemental Job Order in accordance with
Section 38, General Conditions.
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51.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as non -compensable,
excusable delay, and shall not give rise to a claim for compensable
delay.
52. Cleaning Up; CITY'S Right to Clean Up:
52.1. CONTRACTOR shall at all times keep the premises free from
accumulation of waste materials or rubbish caused by its operations. At
the completion of the Project, CONTRACTOR shall remove all its waste
materials and rubbish from and about the Project as well as its tools,
construction equipment, machinery and surplus materials. If
CONTRACTOR fails to clean up during the prosecution of the Work or at
the completion of the Work, CITY may do so and the cost thereof shall I
be charged to CONTRACTOR. If a dispute arises between
CONTRACTOR and separate contractors as to their responsibility for
cleaning up, CITY may clean up and charge the cost thereof to the
contractors responsible therefor as CITY and or Program Manager shall
determine to be just.
53. Removal of Equipment:
53.1. In case of termination of this Contract before completion for any cause
whatever, CONTRACTOR, if notified to do so by CITY, shall promptly
remove any part or all of CONTRACTOR's equipment and supplies from
the property of CITY, failing which CITY shall have the right to remove
such equipment and supplies at the expense of CONTRACTOR.
54. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act:
54.1. CONTRACTOR shall not unlawfully discriminate against any person in
its operations and activities or in its use or expenditure of funds in
fulfilling its obligations under this Agreement. CONTRACTOR shall
affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by
CITY, including Titles I and 11 of the ADA (regarding nondiscrimination
on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, CONTRACTOR shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
54.2. 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.
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Project Manual
54.3. CONTRACTOR shall not engage in or commit any discriminatory
practice in violation of CITY of Miami Beach Ordinance No. 92-2824 in
performing any services pursuant to this Agreement.
55. Project Records:
55.1. CITY shall have the right to inspect and copy, at CITY's expense, the
books and records and accounts of CONTRACTOR which relate in any
way to the Job Order, 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 Job Order and
to any claim for additional compensation made by CONTRACTOR.
CONTRACTOR shall retain and make available to CITY all such books
and records and accounts, financial or otherwise, which relate to the Job
Order and to any claim for a period of three (3) years following Final
Completion of the Job Order. During the Job Order and the three (3)
year period following Final Completion of the Job Order, CONTRACTOR
shall provide CITY access to its books and records upon seventy-two
(72) hours written notice.
56. Occupational Health and Safety:
56.1. In compliance with Chapter 442, Florida Statutes, any toxic substance
listed in Section 38F-41.03 of the Florida Administrative Code delivered
as a result of this bid must be accompanied by a Material Safety Data
Sheet (MSDS) which may be obtained from the manufacturer. The
MSDS must include the following information:
56.2. The chemical name and the common name of the toxic substance.
56.3. The hazards or other risks in the use of the toxic substance, including:
56.3.1. The potential for fire, explosion, corrosion, and reaction;
56.3.2. The known acute and chronic health effects of risks from
exposure, including the medical conditions which are generally
recognized as being aggravated by exposure to the toxic
substance; and
56.3.3. The primary routes of entry and symptoms of overexposure.
56.4. The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
56.5. The emergency procedure for spills, fire, disposal, and first aid.
May 2007 City of Miami Beach Page 133
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56.6. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
56.7. The year and month, if available, that the information was compiled and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
56.8. Asbestos:
55.8.1. THE CONTRACTOR IS WARNED THAT EXPOSURE TO
AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH
FOUR DISEASES: LUNG CANCER, CERTAIN
GASTROINTESTINAL CANCERS, PLEURAL OR
PERITONEAL MESOTHELIOMAAND ASBESTOSIS. Studies
indicate there are significantly increased health dangers to
persons exposed to asbestos who smoke, and further, to
family members and other persons who become indirectly
exposed as a result of the exposed worker bringing asbestos -
laden work clothing home to be laundered.
56.8.2. The Contractor is advised that friable and/or nonfriable
asbestos -containing material may be encountered in area(s)
where contract work is to be performed. Friable asbestos
containing material means any material that contains more
than one percent asbestos by weight that hand pressure can
crumble, pulverize or reduce to powder when dry. Nonfriable
asbestos -containing materials are materials in which asbestos
fibers are bound by a matrix material, saturant, impregnant or
coating. Non -friable asbestos -containing materials do not
normally release airborne asbestos fiber during routine
handling and end-use. However, excessive fiber
concentrations may be produced during uncontrolled abrading,
sanding, drilling, cutting, machining, removal, demolition or
other similar activities.
56.8.3. Care must be taken to avoid releasing or causing to be
released, asbestos fibers into the atmosphere where they may
be inhaled or ingested. The Occupational Safety and Health
Administration (OSHA) has set standards at 29 CFR
1910.1001 for exposure to airborne concentrations of
asbestos, fibers, methods of compliance, medical surveillance,
housekeeping procedures, and other measures that must be
taken when working with or around asbestos -containing
materials. 29 CFR 1910.1001 has been identified as
applicable to construction (29 CFR 1926.55 gases, vapors,
fumes, dusts and mists). The Environmental Protection
Page 134 City of Miami Beach May 2007
Project Manual
Agency (EPA) has established standards at 40 CFR 61.140-
156 for the control of asbestos emissions to the environment
and the handling and disposal of asbestos wastes.
Additionally the Florida Occupational Safety and Health
Administration standards are applicable to this contract.
56.8.4. Friable asbestos containing materials are not permitted by
current criteria and shall not be used in new construction or
modification projects (ETL 1110-1-118, 27 May 1983). Plans
and specifications for all new construction and modification
projects will be reviewed to ensure that the use of friable
asbestos -containing materials is not called for.
56.8.5. Maintenance, modification, or demolition activities where
exposure to asbestos dust may occur from previously installed
friable or non -friable asbestos -containing material will be
identified. All precautions, to include proper work practices,
medical surveillance, respiratory protection, industrial hygiene,
and environmental protection requirements of OSHA (29 CFR
1910.1001), EPA (40 CFR 61.140-156) and DA Circular 40-
834, as applicable, shall be strictly followed.
57. Environmental Regulations:
57.1. The CITY reserves the right to consider a Bidder's history of citations
and/or violations of environmental regulations in investigating a Bidder's
responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the
opinion of the CITY. Bidder shall submit with its Bid, a complete history
of all citations and/or violations, notices and dispositions thereof. The
non -submission of any such documentation shall be deemed to be an
affirmation by the Bidder that there are no citations or violations. Bidder
shall notify the CITY immediately of notice of any citation or violation
which Bidder may receive after the Bid opening date and during the time
of performance of any contract awarded to it.
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00900 SUPPLEMENTARY CONDITIONS
PAGE INTENTIONALLY LEFT BLANK
Page 136 City of Miami Beach May 2007
Project Manual
00923 STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
Project Title
As required, if any on a Job Order by Job Order basis, the undersigned CONTRACTOR
hereby swears under penalty of perjury that, during the period covered by the
application for payment to which this statement is attached, all mechanics, laborers, and
apprentices, employed or working on the site of the Project, have been paid at wage
rates, and that the wage rates of payments, contributions, or costs for fringe benefits
have not been less than those required by the Davis Bacon Act and the applicable
conditions of the Contract.
Dated , 20
By
By
STATE OF )
SS
COUNTY OF )
Contractor
(Signature)
(Name and Title)
The foregoing instrument was acknowledged before me this
20 , by _who is personally known to me or who has produced
identification and who did/did not take an oath.
day of,
WITNESS my hand and official seal, this day of , 20
(NOTARY SEAL)
as
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
My commission expires: (Serial number, if any)
May 2007
City of Miami Beach Page 137
Proiect Manual
00925 CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CITY AND OR
(name, address) PROGRAM MANAGER:
BID/CONTRACT NUMBER:
TO (CITY): CONTRACTOR:
PROJECT NUMBER:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as (date), which is also the date of commencement of
applicable warranties required by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion thereof designated by
CITY is the date certified by CITY and or Program Manager when all conditions
and requirements of permits and regulatory agencies have been satisfied and the
Work is sufficiently complete in accordance with the Contract Documents, so the
Project is available for beneficial occupancy by CITY. A Certificate of Occupancy
must be issued for Substantial Completion to be achieved, however, the
issuance of a Certificate of Occupancy or the date thereof is not to be
determinative of the achievement or date of Substantial Completion.
Page 138 City of Miami Beach May 2007
Project Manual
List of items to be completed or corrected, prepared by CITY and or Program Manager,
is attached hereto. The failure to include any items on such list does not alter the
responsibility of CONTRACTOR to complete all work in accordance with the Contract
Documents. The date of commencement of warranties for items on the attached list will
be the date of final payment unless otherwise agreed in writing.
City and/or Program Manager
By Date
In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct
the work on the list of items attached hereto within from the
above Date of Substantial Completion.
CITY and/or Program Manager
By Date
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
May 2007 City of Miami Beach Page 139
Proiect Manual
00926 FINAL CERTIFICATE OF PAYMENT
PROJECT: CITY AND OR
(name, address) PROGRAM MANAGER:
BID/CONTRACT NUMBER:
TO (CITY): CONTRACTOR:
PROJECT NUMBER:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, have been received
and accepted. The Work required by the Contract Documents has been reviewed and
the undersigned certifies that the Work, including minor corrective work, has been
completed in accordance with the provision of the Contract Documents and is accepted
under the terms and conditions thereof.
CITY and/or Program Manager
By Date
CITY and/or Program Manager By Date CITY, through the Contract Administrator,
accepts the work as fully complete and will assume full possession thereof at
(time) (date).
CITY of Miami Beach, Florida
By Contract Administrator Date
Page 140 City of Miami Beach May 2007
Project Manual
00930 FORM OF FINAL RECEIPT
The following form will be used to show receipt of final payment for this Job Order.
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 from
City of Miami Beach, Florida, the sum of
Dollars ($ ) as full and final payment to CONTRACTOR for all
work and materials for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that ail persons doing work upon or furnishing
materials or supplies for the Project have been paid in full. In lieu of this certification
regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
By
Secretary
(CORPORATE SEAL)
Date:
[If not incorporated sign below.]
Name
Title
May 2007 City of Miami Beach Page 141
Proiect Manual
CONTRACTOR
WITNESSES:
By
Date:
Name
Page 142 City of Miami Beach May 2007
Project Manual
01000 ADDENDA AND MODIFICATIONS
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as changes to the
Contract Documents.
May 2007 City of Miami Beach Page 143
Project Manual
TABLE OF CONTENTS
FOR THE
JOC SUPPLEMENTAL CONDITIONS
ARTICLE 1 THE CONTRACT 133
ARTICLE 2 INTERPRETATION OF THE CONTRACT DOCUMENTS 134
ARTICLE 3 CONTRACT PERFORMANCE PERIOD 134
ARTICLE 4 OPTION TO EXTEND CONTRACT PERFORMANCE 135
ARTICLE 5 OPTION TO BILATERAL EXTEND CONTRACT 135
ARTICLE 6 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE
OPTION PERIODS ONLY) 136
ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 137
ARTICLE 8 CHARACTER OF THE WORK 137
ARTICLE 9 MEANS AND METHODS OF CONSTRUCTION 138
ARTICLE 10 CONTRACTOR'S TEAM 138
ARTICLE 11 COMPETENCE OF WORKMEN 138
ARTICLE 12 ORDERING WORK 139
ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR
WITH THE WORK 144
ARTICLE 14 MEASUREMENTS TO BE VERIFIED 145
ARTICLE 15 FINAL INSPECTION, ACCEPTANCE AND JOB ORDER
COMPLETION 145
ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS AND TAX EXEMPT
TRANSACTION FOR THE DIRECT PURCHASE OF
EQUIPMENT/MATERIAL RELATIVE TO CONSTRUCTION
PROJECTS 146
ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL 150
ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY 151
ARTICLE 19 LIQUIDATED DAMAGES 151
ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL 151
ARTICLE 21 CONTRACT ADMINISTRATOR 152
ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER 152
ARTICLE 23 THE INSPECTOR 153
ARTICLE 24 SITE PREPARATIONS AND CLEANUP 153
ARTICLE 25 ON-SITE STORAGE 154
ARTICLE 26 DISRUPTIONS OF COMMUNITY ACTIVITIES 154
ARTICLE 27 TRUCKING 154
ARTICLE 28 EXISTING ELEVATORS 154
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ARTICLE 29 CONSTRUCTION ELEVATORS, ETC. 155
ARTICLE 30 ACCESS TO BUILDINGS AND SECURITY 155
ARTICLE 31 EQUIPMENT AND FURNITURE 155
ARTICLE 32 APPLICABLE REGULATIONS 156
ARTICLE 33 ENVIRONMENTAL PROTECTION 157
ARTICLE 34 PROTECTION OF WORK AND PROPERTY 157
ARTICLE 35 FLOOR LOADING 159
ARTICLE 36 PROJECT SITE MAINTENANCE 159
ARTICLE 37 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY
159
ARTICLE 38 EXPLOSIVES AND BLASTING 160
ARTICLE 39 CUTTING AND PATCHING 162
ARTICLE 40 BARRIERS 162
ARTICLE 41 POLLUTION CONTROL 162
ARTICLE 42 TEMPORARY SERVICES AND UTILITIES 162
ARTICLE 43 HOURS OF WORK AND ACCESS 165
ARTICLE 44 ALL LEGAL PROVISIONS DEEMED INCLUDED 165
ARTICLE 45 SCOPE DOCUMENTATION SERVICES 165
ARTICLE 46 WORK INVOLVING HAZARDOUS MATERIALS 166
ARTICLE 47 PRE -CONSTRUCTION CONFERENCE 166
ARTICLE 48 JOB MEETINGS 167
ARTICLE 49 ENERGY CONSERVATION 167
ARTICLE 50 INTERGOVERNMENTAL PURCHASING AGREEMENT 167
ARTICLE 51 COMPUTER REQUIREMENTS 167
ARTICLE 52 CITY FURNISHED SOFTWARE 168
ARTICLE 53 COMMUNICATIONS 168
Page ii City of Miami Beach February 2007
Project Manual
02000 JOC SUPPLEMENTAL CONDITIONS
ARTICLE 1 THE CONTRACT
1.1. The Contract Documents for the Contract. The Contract represents the entire
integrated agreement between the parties and supersedes all prior
negotiations, representations and agreements, either written or oral including
the bidding documents.
1.2. The Contract Documents shall include:
VOLUME I: Project Manual
VOLUME II: Construction Task Catalog°
VOLUME III: 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, site civil or other real property. Ordering is
accomplished by means of issuance of a Job Order against the
Contract.
1.3.2. Under the JOC concept, the Contractor furnishes management,
labor, materials, equipment and architectural and engineering
services required to support individual Job Orders.
1.3.3. The JOC contract includes a Construction Task Catalog° (CTC). The
CTC was developed by the CITY and is based on the use of
experienced labor and high quality materials. The CTC also
incorporates local activity, climate and geographic features.
1.3.4. Bidders will offer (3) adjustment factors that will be applied against
the prices set forth in the Construction Task Catalog° (CTC). One
will apply for construction performed during normal working hours,
the second set will apply for construction performed during other than
normal working hours and the third will be for Non Prepriced work
tasks. 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
March 2007
City of Miami Beach Page 133
Proiect Manual
Price Proposal to the CITY. If the Contractor's Price Proposal is
found acceptable, a Job Order may be issued at the agreed upon
units, which when multiplied by the unit price and Contract
adjustment factor, will establish the firm fixed Lump Sum price for the
Job Order.
1.3.6. The JOC concept also includes a provision for the establishment of
prices for work requirements that are within the general scope of
work but were not included in the CTC at the time of Contract award.
These tasks are referred to as "Non Pre -priced Items". Non Pre -
priced (NPP) items may require the establishment of specifications
and drawings and may subsequently be incorporated into the CTC.
ARTICLE 2 INTERPRETATION OF THE CONTRACT DOCUMENTS
2.1. Upon its own initiative or the Contractor's written request, the CITY may issue
written interpretation of Drawings (if any) and Specifications necessary for the
proper execution or progress of the Work which interpretations shall be
consistent with and reasonably inferable from the Contract Documents.
2.2. The imperative language of the Contract Documents is directed at the
Contractor unless otherwise stated.
2.3. The organization of the Contract Documents into Construction Specifications
Institute ("CSI") divisions, sections, and articles, and the arrangement of
Drawings if any, shall not restrict the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be performed by any
trade.
2.4. The JOC Project Manual including the JOC Supplemental Conditions shall
apply to all contracts or subcontracts for the work covered by these
specifications.
2.5. The work under this contract shall include everything described, indicated or
shown in the Contract Documents as defined in Article 1.
2.6. In any action or proceeding to enforce rights under this Agreement, and any
appeals arising there from, the prevailing party shall be entitled to recover
from the other party its reasonable attorneys' fees, costs and expenses.
ARTICLE 3 CONTRACT PERFORMANCE PERIOD
3.1. The Contract performance period is twelve (12) months from the date of
award of the Contract or the achievement of the Maximum Contract Term
Value of $2,000,000.00 for VERTICAL CITYWIDE and $2,000,000.00 for
HORIZONTAL ROW. The CITY shall have the option to extend the term of
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City of Miami Beach March 2007
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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 -Ordering Procedures.
3.3. CITY is entitled to and expects full contract performance from the Contract
award date. Contractor should commence any mobilization activities as soon
as practical after contract award, but before work on individual Job Orders
begins.
ARTICLE 4 OPTION TO EXTEND CONTRACT PERFORMANCE
4.1. CITY may not extend any individual JOC contract term beyond one (1) year.
Therefore, if during the one (1) year contract term, the Contractor fails to
reach the Maximum Contract Term Value, the Contract will still terminate,
unless an option term is exercised. If there is unused contract value left on
an individual Contract term when it expires after one (1) year, CITY shall carry
any unused value over to any additional Contract terms. The City may
increase the Contract Term Value if needed to complete all Job Orders in
progress not yet completed by the expiration of the Contract Term. All
projects in progress that have the potential to exceed the Contract Term
Value must be approved by the Contract Administrator.
ARTICLE 5 OPTION TO BILATERAL EXTEND CONTRACT
5.1. The Contract contains an Option to Extend Provision, for four (4) additional
one (1) year contract terms. The CITY has a bilateral 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 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE
OPTION PERIODS ONLY)
6.1. This Article provides a means to adjust the Contractor's Adjustment Factors
on an annual basis by mutual agreement of the contracting parties from the
date of the Contract award. The escalation/de-escalation as measured by the
Construction Cost Index (CCI) published in the ENR (formally known as
Engineering News Record) calculated for the U.S. Twenty (20) City Index.
6.2. The "original Adjustment Factors" are those Adjustment Factors submitted
with the Contractor's Bid that remain in effect for a one year period beginning
with the date of Contract award. Providing the Contract is still in effect, the
Contractor's Adjustment Factors shall be neaotiated based on the Contractors
performance during the Contract Term and CCI indices at each annual
anniversary date of the Contract award (i.e. in beginning of month 13, 25, 37
and 49 of the Contract).
6.3. CCI indices are published monthly. The "base year" for the purposes of this
provision is the 12 -month period prior to the Contract award. The "base year
index" is determined by summing the monthly CCI indices beginning with the
month prior to the Award date for each of the 12 months of the "base year"
and dividing by 12. The result is the average CCI for the "base year."
6.4. The "contract year" is the 12 month period following the initial Contract award.
The "contract year index" is determined by summing the monthly CCI indices
for the initial 12 -month contract period and dividing by 12. The result is the
average CCI for the "contract year."
6.5. The Economic Price Adjustment for months 13-24 of the Contract is
determined by dividing the "contract year index" by the "base year index." The
Contractor's Adjustment Factors for months 13-24 of the Contract are
determined by multiplying the Economic Price Adjustment by the "original
Adjustment Factors". The Economic Price Adjustment for months 25-36, 37-
48, and 49-60 will be calculated in an identical manner, sliding the "year
index" and the "contract year index" 12 months forward.
6.6. All the above computations shall be carried to five (5) decimal places and
then rounded to four (4) decimal places. Rounding of numbers shall be
accomplished by increasing the fourth decimal place if the fifth decimal is
equal to five or greater. If the fifth decimal place is equal to four or Tess, the
fourth decimal shall remain unchanged.
6.7 Unlike the Normal Working Hours Adjustment Factor and the Other than
Normal Working Hours Adjustment Factor, the Non Pre -priced Adjustment
Factor shall not be adjusted for the duration of the Contract.
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6.8 ENR occasionally revises indices. ENR CCIs used in the calculations
described above shall be those currently published at the time the Economic
Price Adjustment calculation is performed. No retroactive adjustments will be
made as a result of an ENR revision. Revised CCIs, if any, shall be used in
subsequent calculations
ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
7.1 The CITY is not required to furnish drawings or additional specifications for
Job Orders issued under this contract. The CITY may, however, choose to
do so. If CITY provides such drawings and additional specifications the
provision listed below shall apply.
7.2. In case of conflict between requirements, the requirement which meets all the
codes and, which in the opinion of the CITY is more advantageous to the
CITY, shall govern.
ARTICLE 8 CHARACTER OF THE WORK
8.1. The Work to be performed by the Contractor in connection with each Job
Order will be described in the Detailed Scope of Work issued with each
Request for Proposal.
8.2. Unless otherwise expressly provided in a Job Order, the Work must be
performed in accordance with the best, modern practice, with materials and
Workmanship of the highest quality, to the satisfaction of the CITY.
8.3. In addition to the standards that are prescribed herein, all Work shall conform
to fire and safety regulations prescribed in the CITY of Miami Beach Building
Code, and all codes and standards referenced therein, inclusive of the Florida
Building Code, and any drawings or specifications provided.
8.4. Any material or operation required under this contract shall comply, as they
pertain, with the specifications and instructions of a manufacturer, the
established standards of The American Society for Testing Materials (ASTM).
The American Institute of Steel Construction (AISC), The American Standards
Association (ASA), The American Welding Society (AWS), or other industry
recognized standards. In the case of conflict between recognized standard
Specifications and those specifications contained in the Contract Documents,
the most stringent shall govern. In case standards for materials and
operations are not listed, the CITY reserves the right to cite those accepted
by the profession involved and require that such standards be adhered to in
the performance of the Work.
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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
9.1.3. Unnecessarily increase the price of the Job Order when alternative
means and methods are available.
9.2. The City's approval of the Contractor's Means and Methods of Construction,
or its failure to exercise its right to reject such means or methods, shall not
relieve the Contractor of its obligation to accomplish the result intended by a
Job Order; nor shall the exercise of such right to reject create a cause of
action for damages.
ARTICLE 10 CONTRACTOR'S TEAM
10.1. General: The Contractor shall, immediately upon receiving a fully executed
copy of this Contract, assign and maintain during the term of this Contract
and any extension of it, an adequate staff of competent personnel who are
fully equipped, licensed as appropriate, qualified and assigned exclusively to
perform the Work The Contractor shall provide the CITY with the
qualifications of the individuals who will serve in those positions listed below.
The minimum experience of each individual below shall be at least five (5)
years.
10.2. At a minimum, the Contractor shall have at all times a Project Manager,
Estimator and Project 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
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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
journeyperson. However, personnel with lesser experience may serve as a
helper. In all instances, for any work performed under contract, personnel
who have an experience level below journeyperson shall be under the
immediate supervision of a person with experience level at or above
journeyperson as appropriate to the occasion. The Contractor shall assure
that a journeyperson, foreperson, master, etc., as appropriate, performs or
supervises all required work or services.
11.2. The Contractor shall assure that a journeyperson, foreperson, master, etc.,
as appropriate, who is capable of directing the Work, performs or supervises
all required Work or services.
11.3. Conditions which require the constant presence of a CITY Inspector to assure
the quality of the work will not be tolerated. Any worker who does not
produce quality workmanship through lack of cooperation or incompetence
shall be promptly removed from the job upon written order by the CITY. The
judge of quality of workmanship shall be solely determined by the CITY.
11.4. On any Federally Funded projects the Davis -Bacon Act standard rules apply
to this contract.
ARTICLE 12 ORDERING WORK
12.1. Initiation of a Job Order
12.1.1. As the need exists for performance by the Contractor under the terms
of this Contract, the CITY will notify the Contractor of a Joint Scope
Meeting.
12.2. Upon this notice, the Contractor shall respond to the needs of CITY within two
(2) working days by:
12.2.1. Establishing verbal contact with CITY to further define the scope of
the requirement, and
12.2.2. Visiting the proposed work site in the company of a CITY
representative, and participating in a Joint Scope meeting which will
include discussion and establishment of the following:
project number and title
the detailed scope of the Work
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existing site conditions
methods and alternatives for accomplishing the Work
access to the Site and protocol for admission
hours of operation
staging area
requirements for catalog cuts, technical data, Samples and Shop
Drawings
requirements for scope documentation services
sketches, Drawings, Specifications, and as-builts
Preliminary quantity estimates
the applicable Wage Decision for Federally Funded projects
construction duration
liquidated damages
specific quality requirements for equipment and material
the presence of hazardous materials
date on which Job Order Price Proposal is due
12.3. After the Joint Scoping process, the Contractor and the CITY will agree on a
Detailed Scope of Work, together with a tentative schedule, any sketches,
Drawings and Specifications required to adequately document the Work to be
accomplished. The Detailed Scope of Work, unless modified by both the
Contractor and the CITY, will be the basis on which the Contractor will
develop its Job Order Price Proposal and the CITY will evaluate the Job
Order Price Proposal.
12.4. Upon completion of the joint scope meeting and the Detailed Scope of Work
the CITY will issue a Request For Proposal (RFP) which requires the
Contractor prepare a price proposal for the work under consideration by the
date indicated on the RFP.
12.5. The Contractor will prepare the Job Order Price Proposal in accordance with
the following:
12.5.1. Pre -priced work requirements. Pre -priced work requirements will
identify the type and number of work units required from the Volume
11 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
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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 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. If the Contractor will perform the work with it's own forces,
it shall submit three bids for all material to be installed and
shall, to the extent possible use Prepriced labor and
equipment from the Construction Task Catalog®. If the
work is to be subcontracted, the Contractor must submit
three bids from subcontractors. All bids shall be submitted
on a vendor/company letterhead. The Contractor shall not
submit a bid from any vendor or subcontractor that the
Contractor is not prepared to use. The City may require
additional bids if the vendor or subcontractors are not
acceptable or if the prices are not reasonable.
12.5.2.4 The Contractor shall provide an installed unit price (or
demolition price if appropriate) which shall include all costs
required to accomplish the Non Pre -priced Task.
12.5.2.5 It is the responsibility of the Contractor to identify such
items and obtain approval from the City for using a Non
Prepriced task prior to its inclusion in the Contractor's Price
Proposal. Non Pre -priced Work shall be separately
identified in the Proposal.
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12.5.2.6. The final price submitted for Non Pre -priced Tasks shall be
according to the following formula:
For Work Performed with the Contractor's Own
Forces:
A = Direct Labor Cost (Up through the foreman level and
Fringe Benefits per Prevailing Wage Rates plus
payroll taxes and insurance)
B = Direct Material Costs (supported by quotes)
C = Direct Equipment Costs
Total Cost for Self -perform work = (A+B+C) x NPP
Adjustment Factor
For Work Performed by Subcontractors:
D = Subcontractor Costs (supported by three quotes)
Total Cost of Non Pre -priced Task = D x NPP
Adjustment Factor
12.5.2.7. 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 the Non Prepriced Adjustment Factor.
12.5.2.8. After using a non pre -priced item on three separate Job
Orders, the CITY reserves the right to include the unit price
for the work item as a pre -priced item into the CTC which
would become a permanent item and no longer require
price justification.
12.5.3. The Contractor's Job Order Price Proposal shall include, at a
minimum:
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12.5.3.1. Cost Proposal:
12.5.3.2. Scope document 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
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12.5.3.6. Construction schedule;
12.5.3.7. Certificates for any special insurance required;
12.5.3.8. Sample warranties or guarantees for materials, equipment
or systems proposed;
12.5.3.9 Schedule of Values 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 Job Order Price Proposal will be due no
longer than seven (7) 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 Scope Documentation 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 maintenance
and repair Job Orders requiring immediate completion, the
Contractor's Job Order Price Proposal may be required quickly and
the due date will be so indicated on the RFP.
12.6. Review of the Job Order Price Proposal and Issuance of Job Order
12.6.1. The CITY shall evaluate the entire Job Order Price Proposal and
proposed tasks and compare these with the CITY'S cost estimate of
the Detailed Scope of Work to determine the reasonableness of
approach, including the nature and quantity of tasks proposed.
12.6.2. CITY reserves the right to reject a Contractor Job Order Price
Proposal based on unjustifiable quantities, performance periods,
inadequate documentation, or other inconsistencies on the
Contractor's part, or for any other reason. CITY also reserves the
right to not award an order if City's requirement is no longer valid or
the proposed cost exceeds CITY estimate. In these instances, the
Contractor has no right of claim to recoup Job Order Price Proposal
expenses. The CITY may pursue the performance of such Work by
other means.
12.6.3 By submitting a signed Job Order Price Proposal to the CITY, the
Contractor agrees to accomplish the Work set forth in the Detailed
Scope of Work in accordance with the Request for Proposal at the
price submitted. It is the Contractor's responsibility to include the
necessary tasks and quantities in the Job Order Price Proposal prior
to delivering it to the CITY.
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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. .
12.6.5. In the event that immediate emergency response is necessary the
Contractor shall be required to follow alternative procedures as
established by the CITY. This alternate procedure may be more
burdensome to the CONTRACTOR than the procedures described in
this section. The Contractor shall begin Work as directed not
withstanding the absence of a fully developed Request for Proposal,
Detailed Scope of Work, or Job Order. The Contractor shall be
compensated in accordance with the CTC and Non Pre -priced Tasks
as if the Work had been ordered under the standard procedures.
12.6.6. If the City finds inconsistencies with the Contractor's Price Proposal
the CITY may request the Contractor to re -submit its Price Proposal
or cancel the Job Order. If the Contractor consistently submits Price
Proposals which are rejected by the CITY, the CITY may declare the
Contractor in default and initiate termination of the Contract,
according to Article 16 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.
12.6.8. The Contractor must exercise due diligence to ensure that
inappropriate and/or duplicate line item(s) are not included in Job
Order Price Proposals. If duplicated and/or inappropriate line items
cannot be justified to the satisfaction of the City of Miami Beach, the
line item(s) shall be removed. On Job Orders for which a Notice to
Proceed has been issued, the City reserves the right to adjust the
Job Order value by the corresponding value of said line item(s). On
Work Orders for which payment has been rendered, the City
reserves the right to withhold the corresponding value from any
monies due the Contractor.
ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR
WITH THE WORK
13.1. The Contractor is required to inspect the site of the work of each Job Order
and to examine and become familiar with the Detailed Scope of Work, plans,
specifications and all other contract documents pertaining to the proposed
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work. The submission of a Job Order Price Proposal shall be sufficient to
establish the presumption that the Contractor has investigated the site of the
work and is satisfied as to all reasonable conditions to be encountered,
quantity and quality of the work to be performed and materials furnished in
the completion thereof.
13.2. Unless otherwise directed, CITY will furnish subsurface information through
the use of borings. If, in the course of the work, subsurface conditions vary
materially from the record indicated by the borings, the Contractor shall give
immediate notification, in writing, of such variation to the CITY and the
Contract price shall be adjusted by unit prices established in the bid or
agreement, as appropriate.
13.3. Contractor is required to examine and be familiar with existing contracts and
work being constructed.
ARTICLE 14 MEASUREMENTS TO BE VERIFIED
14.1. Before ordering any material or doing any work, the Contractor shall verify all
measurements at the site of a specific Job Order, and shall be responsible for
the correctness of same. No extra charge or compensation will be allowed on
account of difference between actual dimensions and the measurements
indicated in the RFP. Any difference, which may be found, shall be submitted
to CITY for consideration before proceeding with the work.
ARTICLE 15 FINAL INSPECTION, ACCEPTANCE AND JOB ORDER
COMPLETION
15.1. Contractor's Punch List
15.1.1. When the Work is near completion, the Contractor, CITY and or
Program Manager shall inspect the Work and the Contractor shall
prepare a list of all items remaining on the Work prior to final
completion. Said list shall be known as the Contractor's Punch List.
15.1.2. The Contractor shall proceed to complete or correct all items listed on
the Contractor's Punch List and verify that the items have been
completed or corrected by signing said Punch List.
15.1.3. The Contractor shall submit the signed Contractor's Punch list to the
CITY and or Program Manager with a request for a Final Inspection
of the Work.
15.2 The CITY's Punch List
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15.2.1. Upon receipt of the Contractor's request, the CITY and or Program
Manager shall conduct a Final Inspection to determine whether the
Work complies with the Contract Documents.
15.2.2. At the conclusion of the Final Inspection, the CITY and or Program
Manager shall notify the Contractor of any items remaining which is
in a deficient or unacceptable condition. Said list shall be known as
the City's Punch List.
15.3. Correction of the CITY'S Punch List
15.3.1. Within 3 days of receipt of the City's Punch List, the Contractor shall
commence correcting all items on the City's Punch List.
15.3.2. If the Contractor does not complete the items on the Owner's Punch
List within 10 days of receipt of the Owner's Punch List, the provision
in Article 15 of the General Conditions may be invoked.
15.3.3. If the Work on the City's Punch List cannot be completed within the
stated time, the Contractor shall justify to the approval of the CITY
and or Program Manager why items cannot be completed and a
mutual time will be agreed upon when such items will be completed.
If liquidated damages have been applied to the Job Order, this time
in no way effects the original contract schedule.
15.3.4. Failure of the CITY and or Program Manager to include any item on
the City's Punch List shall not alter the responsibility of the Contractor
to complete all the Work in accordance with the Contract Documents.
15.4. Items discovered after the original Punch List which are part of the Job Order
shall be completed under warranty and within 10 days of notification to the
Contractor.
ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS AND TAX EXEMPT
TRANSACTION FOR THE DIRECT PURCHASE OF
EQUIPMENT/MATERIAL RELATIVE TO CONSTRUCTION
PROJECTS
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
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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.
16.2. Authority. Tax exempt transactions for direct equipment/materials
purchasing by the City of Miami Beach (the "City") are authorized pursuant to
Section 212.08(6), Florida Statutes and Department of Revenue Rule 12A-
1.094, Florida Administrative Code.
16.2.1. Contract documents. Any equipment, materials or supplies
included in a Contractor's Job Order Price Proposal elected to be
directly purchased by the City would be governed by the terms and
conditions of the Contract Documents. The Contractor would remain
responsible for the purchase of all equipment/materials not the
subject of sales tax recovery, including payment of all sales tax
associated therewith.
The Contractor would agree that the portion of the Contractors Job
Order Price Proposal amount anticipated for the City -purchased
equipment/materials will be clearly identified in the Detailed Scope of
Work and identified prior to a Notice to Proceed. Should it be
deemed appropriate by the City, the Contractor agrees to a deductive
Supplemental Job Order to decrease the original Job Order Price
Proposal by said amount documented and agreed upon for the City -
purchased equipment/materials amounts. The Supplemental Job
Order will be submitted by adjusting the material component in the
Price Proposal by a negative Reimbursable task item from the
Construction Task Catalog® at a Adjustment Factor of 1.000 noting
City Purchased equipment/materials, task description and vendor.
16.2.2 .Selection of Suppliers. The Contractor would be responsible for
selecting all suppliers, vendors (collectively referred to herein as
"Vendors") for all City -purchased equipment/materials, as necessary
for the performance of the Work. The Contractor is required to submit
three quotes to the City for approval for the items identified as City
Purchased materials in the Detailed Scope of Work. If three quotes
are not obtainable, the Contractor shall submit documentation of their
due -diligence to obtain three vendor quotes. The Contractor would
include the provisions of the General Conditions of the Contract for
Construction and any Supplementary Conditions in the terms and
conditions of all Vendor Agreements and Purchase Order Requests
for the City -purchased equipment/materials.
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16.2.3. Contractor Documentation. As the Contractor determines the City -
purchased equipment/materials that need to be ordered, the
Contractor would prepare and submit to the City a standard Purchase
Order Request, in the form set forth by the City, to specifically identify
the materials the City has elected to purchase. Such Purchase Order
Requests and associated invoices would not include materials for
any other Projects under any other Contracts. Each Purchase Order
Request would be prepared by each Subcontractor and be approved
by the Contractor and Subcontractor prior to submission to the City.
Each Purchase Order Request would include, but not be limited to
the following:
a. The name, address, telephone number, contact person
and the City Vendor Number, if applicable, for the
material supplier;
b. Manufacturer or brand, model or specification number of
the item;
c. Quantity needed;
d. The price quoted by the Vendors for the
equipment/materials;
e. The applicable sales tax associated with such quote (as if
not tax exempt);
f. Delivery dates;
g. Any terms and conditions which have been negotiated
with the Vendor (i.e., payment terms, warranties, etc.);
and
h. Copy of the Vendors' quotation.
16.2.4. Ordering Process. After receipt of the Purchase Order Request,
the City would prepare its Purchase Orders for equipment, materials
or supplies. Pursuant to the Purchase Order, the Vendor will provide
the required quantities of material at the price established in the
Vendor's quote to the Contractor, less any sales tax. Upon receipt of
each Purchase Order, the Contractor would verify the terms and
conditions of the Purchase Order and advice the City of any
discrepancies no later than three (3) business days after receipt.
The Purchase Order would also require the delivery of the City -
purchased equipment/materials on the delivery date(s) provided by
the Contractor in the Purchase Order Request and would indicate
F.O.B. Project site. The City's Purchase Orders would contain the
City's exemption certificate with the City's name, address, and
exemption number with issue and expiration date shown.
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The Contractor would be fully responsible for all matters relating to
the City -purchased equipment/materials in accordance with City -
established procedures, including but not limited to timely delivery
and receipt of all equipment/materials, verifying correct quantities,
verifying documentation or orders in a timely manner, coordinating
purchases, providing and obtaining all warranties and guarantees
required by the Contract Documents, inspection and acceptance of
goods at the time of delivery, and loss or damage to equipment and
materials following delivery to the site due to the negligence of the
Contractor or any of its Subcontractors. The Contractor and/or
Subcontractor would coordinate delivery schedules, sequence of
delivery, loading orientation, and other arrangements normally
required by the Contractor for the particular materials furnished. The
Contractor and/or its Subcontractors would provide all services
required for the unloading, handling and storage of materials through
installation. The Contractor would agree to indemnify and hold
harmless the City from any and all claims of whatever nature
resulting from nonpayment of goods to Vendors arising from the
actions or directions of Contractor or Subcontractors.
16.2.5. Inspection of Materials. As the City -purchased
equipment/materials are delivered to the Project site, the Contractor
would visually inspect all shipments from the Vendors, and approve
the Vendor's invoice for materials delivered. The Contractor would
assure that each delivery is accompanied by documentation
adequate to identify the Purchase Order against which the purchase
is made. This documentation shall consist of a delivery ticket and an
invoice from the Vendor confirming the Purchase Order, together with
such additional information as the City or Contractor may require.
The Contractor would verify, in writing, the accuracy of the delivery
ticket.
16.2.6 Contractor's Responsibilities. The Contractor would be
responsible for the equipment/materials being in conformance with
the Contract Documents and would determine prior to incorporation
into the Work, if such equipment/materials are patently defective, and
whether such equipment/materials are identical to the materials
ordered and match the description on the bill of lading. If the
Contractor or Subcontractor discovers defects or non -conformities in
the equipment/materials, upon such visual inspection, the Contractor
would not utilize such non -conforming or defective materials in the
Work and instead shall promptly notify the Vendor, in writing, of the
defective or non -conforming condition in order to pursue repair or
replacement of those materials without any delay or interruption to
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the Project. Additionally, the Contractor would notify the City, in
writing, of such occurrence. If the Contractor fails to perform such
inspection, and otherwise incorporates the City -purchased
equipment/materials, the condition of which it either knew about or
should have known about by performance of an inspection,
Contractor would promptly take action to remedy the defect or non-
conformity so as not to delay the Work.
The Contractor would maintain detailed records of all the City -
purchased equipment/materials delivered to the site in a format
acceptable to the City including all the City -purchased
equipment/materials delivered into the Contractor's possession and
portions of all such materials which have been incorporated into the
work.
The Contractor would be responsible for all warranty and guarantee
obligations set forth in the Contract Documents for the Project for all
materials and equipment incorporated therein, including all the City -
purchased equipment/materials. All repairs, maintenance or damage
repair calls related to the City -purchased equipment/materials would
be forwarded to the Contractor for resolution with the appropriate
supplier or Vendor.
The City would in no way be liable for interruption or delay in the
construction project, for any defects or any other problems with the
construction project, or for any extra or cost resulting from delay in
the delivery of, or defects in the City -purchased equipment/materials,
and the Contractor expressly accept all risks and responsibilities for
incomplete, improper or untimely delivery of these materials.
Contractor shall be responsible for the removal and proper disposal
of any waste the City -purchased equipment/materials delivered to the
site that were not used to complete the construction project.
ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL
17.1. The material and equipment which are removed or disconnected and, in the
opinion of CITY, are of value, but are not specified for reuse, shall remain the
property of CITY. CITY representative shall be informed of the presence of
the property and disposition instructions shall be requested.
17.2. Debris, rubbish, hazardous waste, and non -usable material resulting from the
work under this Contract to which CITY does not claim a further interest as a
result of the preceding paragraph, shall be disposed of by and at the expense
of the Contractor at a location off CITY property. Hazardous wastes must be
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disposed of in accordance with the Resource Conservation and Recovery Act
and state and local regulations. The contract adjustment factor includes the
cost of all clean-up, including final cleanup on each individual Job Order.
ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY
18.1. CITY reserves the right to undertake performance by other Contractors or
CITY forces for the same type or similar work as provided for hereunder, as
CITY deems necessary or desirable, and to do so will not breach or otherwise
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.
19.2. Nothing in this article shall be construed as limiting the right of CITY to
proceed under Article 16 entitled "City's Right to Terminate Contract" in the
General Conditions.
19.3. Nothing herein contained shall be construed as limiting the right of the CITY
to recover from the Contractor any and all amounts due or to become due,
and any and all costs and expenses sustained by the CITY for improper
performance hereunder, repudiation of the Contract by the Contractor, failure
to perform or breaches in any other respect, including but not limited to
defective workmanship or materials.
19.4. Liquidated damages received herein are not intended to be nor shall they be
treated as either a partial or full waiver or discharge of the City's right to
indemnification (as described in a separate article herein) or the Contractor's
obligation to indemnify the CITY, or to any other remedy provided for by
Contract or by Law.
19.5. The CITY will deduct and retain out of the monies which may become due
herein, the amount of any such liquidated damages; and in case the amount
which may become due herein shall be less than the amount of liquidated
damages suffered by the CITY, the Contractor or the Surety shall be liable to
pay the difference upon demand by the CITY.
ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL
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20.1. From time to time as the Work progresses and in the sequence indicated by
the approved Progress Schedule, the Contractor must submit to the CITY a
specific request in writing for each item of information or approval required by
him. These requests must state the latest date upon which the information or
approval is actually required by the Contractor, and must be submitted
sufficiently in advance thereof to allow the CITY a reasonable time to act
upon such submissions or any necessary re -submissions thereof.
ARTICLE 21 CONTRACT ADMINISTRATOR
21.1. The City will assign a Contract Administrator and to oversee the execution of
the Job Order Contract. The Contract Administrator will manage and
administer the JOC Program on behalf of the CITY and oversee the work of
the Project 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
Contractor to receive any monies under the contract (except as otherwise
enumerated in the CITY General Conditions).
ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER
22.1. The CITY'S Project Coordinator/Program Manager, in addition to those
matters elsewhere herein delegated to the Project Coordinator/Program
Manager and expressly made subject to his/her/her determination, direction
or approval, shall have the CITY:
22.1.1. To determine the amount or quantity, quality, and acceptability of the
work and materials and location of the Work to be paid for hereunder;
22.1.2. To determine all questions in relation to the Work and performance
thereof, to interpret the Detailed Scope of Work, Contract Drawings,
Specifications, and Addenda, and to resolve all patent
inconsistencies or ambiguities therein;
22.2.3. To determine how the Work of this Contract shall be coordinated with
Work of Other Contractors engaged simultaneously on this Project,
including the power to suspend any part of the Work, but not the
whole thereof;
22.1.4. To make changes in the Work as the Project Coordinator/Program
Manager deems necessary, including the necessity for issuing
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additional Job Orders, however subject to review and approval by the
Contract Administrator.
22.1.5. To amplify the Contract Drawings, add explanatory information and
furnish additional Specifications and Drawings, consistent with the
intent of the Detailed Scope of Work.
22.1.6. To suspend the whole or any part of the Work whenever in its
judgment such suspension is required (a) in the interest of the CITY
generally, or (b) to coordinate the Work of the various Contractors
engaged on a specific Project, or (c) to expedite the completion of a
Project even though the completion of a particular Job Order may be
thereby delayed.
22.2. The foregoing enumeration shall not imply any limitation upon the power of
the Project Coordinator/Program Manager, for it is the intent of this Contract
that all of the Work shall generally be subject to its determination, direction or
approval, except where the determination, direction or approval of someone
other than the Project Coordinator/Program Manager is expressly called for
herein.
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 PREPARATIONS AND CLEANUP
The Contractor shall:
24.1. Coordinate with CITY on a sequence of procedures for gaining access to the
premises, space for storage of materials and equipment, work of materials,
use of approaches, corridors stairways, and similar features of a structure.
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This coordination is required prior to commencement of work at a time
directed by CITY.
24.2. Move the furniture and portable office equipment in the immediate work area
to a designated location prior to start of work, and replace these items to their
original location upon completion of the work. The Contractor will be liable for
damages incurred while moving furniture and equipment, and be responsible
for contacting appropriate agencies for movement of vending machines.
24.3. Perform clean up and site restoration prior to final walk-through inspection.
All projects shall be delivered in a clean, orderly and usable condition.
ARTICLE 25 ON-SITE STORAGE
25.1. If, during the course of the contract, the Contractor finds it necessary to place
temporary storage trailers containing materials and/or equipment on CITY
property, an onsite area will be designated by the CITY. However, the CITY
assumes no responsibility for such stored material, equipment, buildings, or
trailers.
ARTICLE 26 DISRUPTIONS OF COMMUNITY ACTIVITIES
26.1. The Contractor shall not cause any disruption to on-going community
activities at the work site. Planned activities will be coordinated with CITY
and construction will be accomplished in accordance with the schedule set
forth in Job Orders issued hereunder. Schedule revisions shall be made
known to CITY on a timely basis. Work operations shall not create a
nuisance to adjacent tenants or the surrounding neighborhood.
ARTICLE 27 TRUCKING
27.1. The Contractor shall require that all trucks entering or leaving the project site
with loose materials be loaded and covered in a manner that will prevent
dropping of materials on streets while in transit. Suitable tarpaulins shall be
placed over the loads for materials subject to blowing.
ARTICLE 28 EXISTING ELEVATORS
28.1. Any temporary use of existing elevators shall be by arrangement with CITY
staff. Such use will be of an intermittent nature. The Contractor shall provide
and maintain suitable and adequate protection covering for the elevator
machinery, the hatchway entrance, and the interior of elevator during the
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periods of temporary use. Elevators shall not be loaded in excess of the
rated capacity of the elevator.
28.2. CITY will bear the cost of electrical current for such temporary existing
elevator usage. On completion of the work, the Contractor shall remove the
protective coverings together with any resultant dirt and debris.
ARTICLE 29 CONSTRUCTION ELEVATORS, ETC.
29.1. The Contractor shall construct elevators, cranes and other rigging, lifts, etc.,
as required for the work.
29.2. All such construction shall be carried out as required by the local prevailing
Building Codes within the City of Miami Beach and subject to the approval of
the City.
29.3. The Contractor shall maintain stairways throughout the whole height of the
structures in condition for safe usage by mechanics and others.
ARTICLE 30 ACCESS TO BUILDINGS AND SECURITY
30.1. It shall be the Contractor's responsibility, through CITY and appropriate CITY
staff, to obtain access to buildings and facilities and arrange for the buildings
to be opened and closed. It shall be the Contractor's responsibility to arrange
for adequate security of the work site(s) at the end of each work day and on
weekends.
30.2. It is the responsibility of the Contractor to prohibit the opening of locked areas
by the Contractor's employees to permit the entrance of personal other than
the Contractor's employees engaged in the performance of assigned work in
those areas.
ARTICLE 31 EQUIPMENT AND FURNITURE
31.1. Furniture and portable equipment in the immediate area of work will be
moved by the Contractor and replaced to original position upon completion of
work. If the work required by the Job Order will not allow furniture and
portable office equipment to be replaced to its original positions, CITY will be
notified and new locations will be designated by CITY for replacement of the
furniture and equipment by the Contractor.
31.2. Work of materials and equipment and accomplishment of work shall be made
with a minimum of interference to CITY operations and personnel.
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31.3. The work shall, so far as practicable, be done in definite sections or divisions
and confined to limited areas. Work shall be completed in the section before
work in other sections or divisions are started.
ARTICLE 32 APPLICABLE REGULATIONS
32.1 The site of the Contract work is on CITY property and all rules and regulations
issued covering fire, safety, sanitation, severe weather conditions, conduct of
operations, etc., shall be observed by the Contractor, Contractor's employees,
and subcontractors. The regulations include:
32.1.1. Fire Prevention:
32.1.1.1. Contractor's and subcontractor's employees shall be
cognizant of, and shall comply with, all requirements for
handling and storing combustible supplies and materials,
daily disposal of combustible waste, trash, etc., in
accordance with National Fire Code and National
Association of Fire Underwriters. The Contractor will
require employees to become familiar with methods of
activating CITY fire alarms and any City of Miami Beach
requirements regarding same.
32.2.1. Safety:
32.2.1.1. All rules of safety that are or may be imposed upon the
Contractor by Federal, State, or local code or regulation
shall be effectively carried out in the performance of the
work set forth herein. Specific attention is called to
adherence to all applicable rules governed by the Florida
Occupational Safety and Health Administration. Contractor
shall take proper safety and health precautions to protect
the work, the Contractor's employees, the public and the
property of others.
32.3.1. Sanitation:
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32.3.1.1. The Contractor, shall keep the premises as clean as the
progress of the work will permit (reasonably free of
accumulations of debris), which shall include the controlling
of any noxious weed growth and upon completion, remove
all materials and rubbish from the premises, leaving the
site clean.
32.3.1.2. Surplus materials, waste materials and debris, sweepings,
soot and rubbish shall not be allowed to accumulate and
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shall be removed from the site forthwith to authorized
dumping areas as it is generated. No waste materials or
debris shall be tossed or thrown onto adjacent Properties
or adjacent land areas.
32.3.1.3. The entire Work area shall be cleaned up at the end of
each Work session.
32.3.1.4. The Contractor shall thoroughly clean all equipment and
materials installed by him and deliver over such materials
and equipment undamaged in a bright, clean and new
appearing condition.
32.3.1.5. At completion of the Work, the premises should be left in a
neat, unobstructed condition and everything in perfect
repair and order.
32.3.1.6. Upon completion of the Work, the Contractor shall remove
all equipment, scaffolding, etc., and thoroughly clean the
Work site before submitting the project to the CITY for final
acceptance.
33.4.1. Conduct:
33.4.1.1. Contractor and Contractor's employees shall be subject to
the same general rules of conduct while on CITY property
that apply to a CITY employee. CITY reserves the right to
refuse access to any Contractor's employee if CITY
determines it to be in the best interests of CITY.
ARTICLE 33 ENVIRONMENTAL PROTECTION
33.1. The Contractor shall be responsible to protect the environment of work areas
as affected by this Contract. Contractor shall be responsible for the proper
disposal of all hazardous, solid, liquid, and gaseous contaminants and refuse
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
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good any such damage, injury or loss, except as may be directly due to or
caused by agents or employees of CITY.
34.2. The Contractor shall at all times provide adequate protection and facilities to
safeguard all persons passing on or about the premises in the usual conduct
of their business, and any special instructions to the Contractor from the CITY
to insure protection, etc. shall be complied with in each and every instance.
34.3. The Contractor shall adequately protect adjacent property as provided by law
and or as directed by the CITY.
34.4. The Contractor shall provide and maintain all lights, footways, guards, fences,
gates, etc., for the proper protection of the public, and shall comply with all
Municipal rules, regulations, ordinances and laws.
34.5. The Contractor shall properly and carefully shore up or otherwise support all
live water, sewer and gas pipes, electric wires, conduits, free standing walls,
etc., which may be encountered. He shall immediately notify the CITY of
such and give such CITY permission to protect the same. The Contractor
shall provide sufficient, safe and proper facilities at all times for the inspection
of the work.
34.6. The Contractor shall furnish throughout the entire project, all scaffolding,
ladders, decking or runways as necessary to execute the Work in a safe
manner.
34.7. In an emergency affecting the safety of life, of the work, or of adjoining
property of CITY, the Contractor, without special instructions or authorization
from CITY, is hereby permitted to act in at the Contractor's discretion to
prevent such threatened loss or injury.
34.8. Any compensation claimed by the Contractor on account of emergency work
as set forth in 12.6.5 above shall be determined by agreement of CITY and
the Contractor.
34.9. The Contractor shall carefully protect all trees, shrubs, and hedges, not
specified as being removed, from injury during building work and pay for
damages to same resulting from insufficient or improper protection.
34.10. The Contractor shall send proper notice, make all necessary arrangements
and perform all other services required for the care, protection and
maintenance of all public utilities, including mail boxes, fire plugs, power and
telephone poles and wires, and all other items of this character on or around
the building site.
34.11. Building materials, Contractor's equipment, and other supplies necessary to
the project may be stored on the premises with approval of CITY. This shall
in no manner relieve the Contractor from full responsibility for such materials.
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34.12. Where materials are not sold or furnished in packages or containers, the
Contractor, when requested by CITY, shall obtain invoices from the
manufacturer or its agents covering such materials showing the name and
brand of the materials furnished, which invoices must be furnished to CITY.
34.13. In the event of accidental damage to or disruption of any of City's equipment,
utilities, or facilities by the Contractor or any of the subcontractors, or when
life or property are endangered, the Contractor shall immediately take all
necessary steps to replace/repair all pieces/parts of any damaged
equipment/materials, make all necessary repairs and restore all services to
normal. Further, the Contractor shall engage any and all required additional
subcontractors, labor, individuals or other outside services, deemed
necessary by CITY, to operate on a continuous, "around-the-clock" basis until
all restoration is complete. Also, the Contractor shall provide and install all
required materials and equipment.
34.14. All costs involved in making repairs 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
regulations for the purposes of controlling traffic and safeguarding life and
property.
34.16. The Contractor shall provide adequate climatic protection for exposed part of
buildings wherever work under this Contract is performed.
ARTICLE 35 FLOOR LOADING
35.1. Care shall be taken that floors are not overloaded at any time.
ARTICLE 36 PROJECT SITE MAINTENANCE
36.1. The Contractor shall store all supplies and equipment on project site(s) so as
to preclude mechanical and climatic damage and maintain project sites in a
neat and orderly manner at all times. Materials to be stored on the site shall
be neatly stacked and protected and kept clear of all passageways. The
Contractor shall coordinate the work in such a manner as to reduce the
disturbances and inconveniences to the tenants to a minimum.
ARTICLE 37 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY
37.1. The Contractor shall cover equipment that is to remain in place within the
area of contract operations and protect it against damage or loss. This
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includes equipment that is removed in the performance of Job Orders where
directed for reuse in work as required by drawings and specifications.
Equipment temporarily removed that is in good operating condition at the time
of removal shall be protected, cleaned and replaced equal to or better than its
conditions prior to its removal. Security for equipment or material that is to be
reused and is removed for temporary storage at the work site shall be the
sole responsibility of the Contractor. If the Contractor considers the
equipment to be at risk after removal, arrangements should be made for
storage while removed. Transportation to and from the storage site shall be
provided for and at the Contractors risk.
37.2. The CONTRACTOR, its Subcontractors and Materialmen shall be solely
responsible for the proper storage, security and protection of all their tools,
equipment, materials and personal property that they may store or leave on
CITY property. The Contractor's materials shall be stored in an area
approved by the CITY. Receipt of such approval, however, does not relieve
the Contractor of its liability for prevention of any theft, loss or damage that
may occur. The Contractor is responsible for keeping the Work site(s)
secured at all times and is responsible for any damages, vandalism or theft to
the Work or materials on the site at all times prior to final acceptance of the
Work by the CITY. The Contractor agrees not to hold the CITY liable for any
damage thereto or loss thereof.
ARTICLE 38 EXPLOSIVES AND BLASTING
38.1. Use of explosives will not be permitted without prior written permission from
the CITY and the prior to the contractor obtaining all applicable permits.
38.2. If and when the use of explosives is necessary for the execution of the work,
the CONTRACTOR shall observe the utmost care, performing such work with
experienced men and in accordance with all federal, state, and local
regulations so as not to endanger life or property. In addition to observing all
governmental regulations relating to the transportation, storage, handling and
use of explosives, the CONTRACTOR shall conform to any further
regulations that the CITY may deem necessary in this respect. Signals of
danger shall be given before the firing of any blasts and blasts shall not be
fired until all persons in the vicinity are known to have reached position out of
danger therefrom.
38.3. Quantities and Records: CONTRACTOR shall keep explosives on the site
only in such quantity as may be needed for the work underway and only
during such time as they are being used. He shall notify the Project Manager
in advance of 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
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municipal regulations and all such storage shall be marked clearly, "DANGER
EXPLOSIVES." A daily record shall be kept showing the amounts of
explosives on hand, the quantities received and issued, and the purpose for
which issued.
38.4. Damage or Injury: All blasting necessary on this contract shall be done with
the express provisions that the Contractor shall be and is hereunder
responsible for any and all damages and claims arising from such blasting or
by accidental explosions and for the defense of all actions arising from such
causes. In case injury occurs to any portion of the work or to the material
surrounding or supporting the same, through blasting, the Contractor, at
his/her own expense, shall remove and replace such injured work and shall
furnish such material and perform such work or repairs or replacements as
the Project Manager may order. Any damage whatever to existing structures
or property due to blasting shall be promptly, completely, a satisfactorily
repaired by the Contractor at his/her own expense.
38.5. Restrictions: Blasting will not be permitted within 25 feet of any structure
unless proper precautions are taken, as approved by the Project Manager, to
insure that the structure and the material surrounding and supporting the
same are not damaged by such blasting.
38.6. Rock encountered within 5 feet of existing pipelines or building shall be
removed without blasting.
38.7. All blasts in open cut shall be well covered and provisions made to protect
pipes, conduits, sewer structures, persons, and properly adjacent to the site
of the work. Blasting shall be done only with such quantities and strength of
explosives and in such manner as will break the rock approximately to the
intended lines and grades and yet will leave the rock not to be excavated in
an unshattered condition. Care shall be taken to avoid excessive cracking of
the rock upon or against which any structure will be built and to prevent injury
to existing pipes or other structures and property above or below ground.
Where rock is to be removed from sheeted excavations, all braces and wales
shall be fastened securely in place to prevent movement during blasting.
Blasting will not be permitted between the hours of 5:00 p.m. and 8:00 a.m.
except with special written permission of the Project Manager. After a blast is
fired, the Contractor shall cause the excavation to be thoroughly scaled and
all loose and shattered rock or other loose material which appears dangerous
to the structure or to the workmen shall be removed and the excavation made
safe before proceeding with the work. The fact that the removal of loose or
shattered rock or other loose material may enlarge the excavation beyond the
required limits shall not operate to relieve the Contractor from the necessity
for making such removal and for backfilling as specified herein.
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ARTICLE 39 CUTTING AND PATCHING
39.1. The CONTRACTOR shall do all cutting, patching and restoration required by
the Work, except as otherwise specified. All restorations shall be to the
satisfaction of the CITY.
ARTICLE 40 BARRIERS
40.1. The CONTRACTOR shall erect temporary barriers and warning signs to alert
and protect the public, CITY tenants and CITY employees from the Work as
deemed necessary and or as directed by the CITY.
ARTICLE 41 POLLUTION CONTROL
41.1. During the course of construction, the CONTRACTOR shall conduct his/her
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
water which has been used for wash purposes or other similar operations
which become pollution with sewage, silt, cement, concentrated chlorine, oil,
fuels, lubricants, bitumens, or other impurities shall not be discharged into any
such stream or lake. There will be no open burning of materials.
41.2. Techniques identified in USDA -Soil Conservation Service "Guidelines for
Urban Erosion & Sediment Control" shall be utilized as applicable for erosion
and pollution control.
ARTICLE 42 TEMPORARY SERVICES AND UTILITIES
Unless the Detailed Scope of Work states otherwise:
42.1. Temporary Services and Utilities:
42.1.1. General:
42.1.1.1. The CONTRACTOR shall be responsible for arranging for
and providing all general services and temporary facilities a
as specified herein and as required for the proper and
expeditious prosecution of the Work. The CONTRACTOR
shall pay all costs for such general services and temporary
facilities.
42.1.1.2. Temporary connections for all utilities and facilities used by
the CONTRACTOR including installation, maintenance and
removal of such facilities shall be at the CONTRACTOR's
expense.
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42.2. Water:
42.2.1. The CONTRACTOR shall provide temporary water connections as
required for drinking and construction purposes, unless potable water
is available at the Site and it's use by the CONTRACTOR is
approved by the CITY.
42.2.2. The CONTRACTOR shall note that the CITY reserves the right to
regulate the use of water, and may impose restriction on the use in
the event water is being used carelessly by the CONTRACTOR.
42.3. Light and Power:
42.3.1. The CONTRACTOR may utilize power which is available at the job
site. The CONTRACTOR shall provide his/her own portable electric
system or make temporary connections to the existing electrical
system as necessary or make arrangements with the power company
at his/her own expense, to supply his/her construction needs. An
alternate power source shall be provided for temporary heat. The
CITY will not provide electrical power for heating.
42.4. Temporary Heating and Ventilation:
42.4.1. The CONTRACTOR shall provide temporary closures or enclosures
for all exterior door, window, roof or other types of exterior openings
as required to protect his/her completed work, protect material and
equipment being installed, protect the City's facilities, and enable its
workmen to accomplish their work in a satisfactory manner and while
maintaining the approved progress schedule. It shall be the
CONTRACTOR's responsibility to keep water in pipes from freezing
and to maintain temporary heat in areas where Work is being
performed at not less than 50 F. before plastering and painting and
not less than 60 F thereafter. The CONTRACTOR must obtain the
City's approval for the types, sizes, amounts and location of heating
equipment. The equipment must have a seal of approval from the
Underwriters Laboratory or other organization satisfactory to the
CITY.
42.4.2. The CONTRACTOR shall furnish, install, operate and maintain all
required temporary heating equipment, and shall provide and pay all
fuel costs. Oil fired or gas heating units shall be self-contained units
which shall be furnished in sufficient number and adequate capacity
to conform with the requirements for temporary heat stated above.
Each oil -fired or gas-fired unit shall be properly vented as required to
dissipate noxious fumes and prevent discoloration of building
construction. Temporary electrical connection shall be provided by
the CONTRACTOR.
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42.5. Temporary Field Offices:
42.5.1. On some Job Orders the CONTRACTOR may be required provide
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.
42.5.3. The CONTRACTOR shall provide a facsimile machine in the
temporary field offices to expedite written communication between
the parties. The CONTRACTOR shall bear all costs of providing said
equipment.
42.5.4. The facilities mentioned above shall be made available for the use by
the City's designated representative during its site visits.
42.6. Temporary Sanitation Facilities:
42.6.1. CONTRACTOR's personnel will normally not be permitted to use
toilet facilities on project premises subject to regulation and control of
CITY staff. The CONTRACTOR shall provide adequate and suitable
temporary facilities.
42.6.2. The CONTRACTOR shall provide temporary toilets for the use of the
workmen, placed where directed and maintained in a sanitary
condition.
42.6.3. At the completion of the contract the temporary toilets shall be
removed.
42.6.4. Existing on-site toilet facilities may be used to meet the above
requirements subject to the prior approval of the CITY.
42.7. Temporary Fire Protection:
42.7.1. The CONTRACTOR shall take all precautions necessary and
required to prevent fire and comply with the requirements of local
authorities having jurisdiction
42.7.2. Fuel to cutting and heating torches shall be gas only, and shall be
contained in Underwriters' Laboratory approved containers. The
CONTRACTOR shall provide and maintain a 20 pound capacity, dry
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chemical type fire extinguisher in the immediate vicinity of the work
when welding tools or torches of any type are in use.
42.7.3. The CONTRACTOR shall not use volatile liquids for cleaning agents
or as fuels for motorized equipment or tools within building.
42.7.3.1. Tarpaulins shall be securely anchored and flame proofed,
when attached to any wood scaffolding and when used to
enclose any portion of a building above the first floor.
42.7.3.1. Flammable materials shall not be stored, nor debris
allowed to accumulate in or about the site.
ARTICLE 43 HOURS OF WORK AND ACCESS
43.1. The CONTRACTOR shall accomplish the tasks required by the Job Order
issued hereunder during the normal working period of 8:00 A.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 8:00 a.m. and 5:00 p.m., Monday through Friday
(excluding CITY recognized holidays. The CONTRACTOR is advised not to
perform work in occupied dwellings without the presence of the resident or a
CITY authorized employee.
ARTICLE 44 ALL LEGAL PROVISIONS DEEMED INCLUDED
44.1. It is the intent and understanding of the parties to this Contract that each and
every provision of Law required to be inserted in this Contract shall and is
inserted herein, and if, through mistake or otherwise, any such provision is
not inserted, or is not inserted in correct form, then this Contract shall
forthwith upon the application of either party be amended by such insertion so
as to comply strictly with the Law and without prejudice to the rights of either
party hereunder.
ARTICLE 45 SCOPE DOCUMENTATION SERVICES
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45.1. The Contractor may be required to provide Scope Documentation services,
and when any of these services require permitable stamped and sealed
drawings in support of Job Orders, Those services will be paid as a Non Pre-
Prepriced task. Any electronic drawings required will be prepared in AutoCAD
version 14.0 format or a version approved by the CITY.
45.1.1 All Scope Documentation Services and consulting firms utilized by
the CONTRACTOR to perform its duties hereunder are subject to
approval of the CITY. All such professional shall be properly
qualified and licensed to practice in and have the ability to legally
sign and stamp architectural and engineering documents.
45.1.2 Additionally the Contractor will be expected to provide sketches, minor
calculations, shop drawings and specifications and "as built" drawings.
The cost of these services shall be borne by the Contractor and will not
be compensated.
ARTICLE 46 WORK INVOLVING HAZARDOUS MATERIALS
46.1. Any time the Detailed Scope of Work involves hazardous material, including
but not limited to asbestos, lead paint, PCBs, the CONTRACTOR will be
responsible for retaining a properly licensed engineer or consultant to modify
the general specifications contained herein to a project specific abatement
plan and specification as required by Florida law.
46.2. This requirement is to be considered by the CONTRACTOR as part of the
Scope of the Article above entitled "SCOPE DOCUMENATION 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 of the CITY, and on a Job Order by Job Order basis, there
may be a mandatory pre -construction conference at the Project Site to
discuss specific management concerns and requirements regarding the
particular Job Order. The CONTRACTOR shall be required to attend.
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ARTICLE 48 JOB MEETINGS
48.1. The CONTRACTOR and/or subcontractors or their qualified representatives
shall attend conferences with City's representatives, at a frequency as
determined by the CITY, for the purpose of coordinating or expediting the
Work.
ARTICLE 49 ENERGY CONSERVATION
49.1. CONTRACTOR shall comply with energy conservation plans, and promote
efficient use of all energy. In addition, the CONTRACTOR shall;
49.1.1. Use lights only in areas where work is actually being performed.
49.1.2. Turn off faucets, valves, and equipment after required usage has
been accomplished.
49.1.3. Not use CITY telephones for personal reasons nor make any toll or
long distance calls.
ARTICLE 50 INTERGOVERNMENTAL PURCHASING AGREEMENT
50.1. The CONTRACTOR may be required to work on property under the
management of the County or other municipalities or entities which the CITY
has an intergovernmental purchasing agreement. Award of a Job Order
Contract does not give the CONTRACTOR any exclusive rights with regard to
location or type of work. Other government agencies please be advised that
this contract is subject to a user surcharge fee in the amount of 1 % on all
sales to governmental, not for profit or quasi governmental entity; resulting
from this contract resulting from this solicitation and utilization of the City's
contract and terms and conditions herein. Furthermore the agency will be
required to pay a licensing fee for use of the JOC Contract, to the Job Order
Contract Consultant, The Gordian Group, Inc.
ARTICLE 51 COMPUTER REQUIREMENTS
51.1. The CONTRACTOR is to have in operational condition one computer
systems similar as described below. The CONTRACTOR shall have staff
with basic computer and Windows capabilities to operate their equipment.
51.2. The computer systems will minimally consist of:
51.2.1. The Contractor shall have in operational condition one computer
system with high speed internet connection and email addresses for
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all Key Personnel. The Contractor's Key Personnel shall have basic
computer and Windows capabilities to operate their equipment.
ARTICLE 52 CITY FURNISHED SOFTWARE
52.1. CITY furnished software, PROGEN®, will be provided to the CONTRACTOR
for use as a tool to assist with expedient preparation of Job Order Price
Proposals in response to CITY needs. This software will contain an electronic
version (copy) of the Construction Task Catalog® (CTC), which can be
accessed on the equipment provided by the CONTRACTOR to locate and
select desired items from the CTC. Once the desired items are selected, the
software provides for selection of quantities and based on the selected
quantities, will extend and total CTC costs for each Job Order Price Proposal.
ARTICLE 53 COMMUNICATIONS
53.1. All papers required to be delivered to the CITY shall, unless otherwise
specified in writing to the CONTRACTOR, be delivered to:
Mr. Gus Lopez, CPPO, CPPB
Director, Procurement Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
53.2. And any notice to or demand upon the CITY or shall be sufficiently given if so
delivered, or deposited in the United States mail in a sealed, postage -prepaid
envelope, or delivered with charges prepaid to any telegraph or delivery
company for transmission/delivery to said Contract Administrator, at said
address.
53.3. Any such notice shall be deemed to have been given as of the time of actual
delivery; or, in the case of mailing, when the same would have been received
in due course of post; or in the case of telegram or delivery company, at the
time of actual receipt.
53.4. Notices required to be delivered to the CONTRACTOR shall, unless
otherwise specified in writing, to the CITY, be delivered to the address the
CONTRACTOR provided in the Bid Documents.
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